PUBLIC LAW 107–73—NOV. 26, 2001 115 STAT. 651

Public Law 107–73

107th Congress

An Act

Making appropriations for the Departments of Veterans Affairs and Housing and

Urban Development, and for sundry independent agencies, boards, commissions,

corporations, and offices for the fiscal year ending September 30, 2002, and

for other purposes.

Be it enacted by the Senate and House of Representatives of

the United States of America in Congress assembled, That the

following sums are appropriated, out of any money in the Treasury

not otherwise appropriated, for the Departments of Veterans Affairs

and Housing and Urban Development, and for sundry independent

agencies, boards, commissions, corporations, and offices for the fiscal

year ending September 30, 2002, and for other purposes, namely:

TITLE I—DEPARTMENT OF VETERANS AFFAIRS

VETERANS BENEFITS ADMINISTRATION

COMPENSATION AND PENSIONS

(INCLUDING TRANSFER OF FUNDS)

For the payment of compensation benefits to or on behalf of

veterans and a pilot program for disability examinations as authorized by law (38 U.S.C. 107, chapters 11, 13, 18, 51, 53, 55, and

61); pension benefits to or on behalf of veterans as authorized

by law (38 U.S.C. chapters 15, 51, 53, 55, and 61; 92 Stat. 2508);

and burial benefits, emergency and other officers’ retirement pay,

adjusted-service credits and certificates, payment of premiums due

on commercial life insurance policies guaranteed under the provisions of article IV of the Soldiers’ and Sailors’ Civil Relief Act

of 1940 (50 U.S.C. App. 540 et seq.) and for other benefits as

authorized by law (38 U.S.C. 107, 1312, 1977, and 2106, chapters

23, 51, 53, 55, and 61; 50 U.S.C. App. 540–548; 43 Stat. 122,

123; 45 Stat. 735; 76 Stat. 1198), $24,944,288,000, to remain available until expended: Provided, That not to exceed $17,940,000 of

the amount appropriated under this heading shall be reimbursed

to ‘‘General operating expenses’’ and ‘‘Medical care’’ for necessary

expenses in implementing those provisions authorized in the Omnibus Budget Reconciliation Act of 1990, and in the Veterans’ Benefits

Act of 1992 (38 U.S.C. chapters 51, 53, and 55), the funding source

for which is specifically provided as the ‘‘Compensation and pensions’’ appropriation: Provided further, That such sums as may

be earned on an actual qualifying patient basis, shall be reimbursed

to ‘‘Medical facilities revolving fund’’ to augment the funding of

individual medical facilities for nursing home care provided to pensioners as authorized.

Departments of

Veterans Affairs

and Housing and

Urban

Development,

and Independent

Agencies

Appropriations

Act, 2002.

Nov. 26, 2001

[H.R. 2620]

115 STAT. 652 PUBLIC LAW 107–73—NOV. 26, 2001

READJUSTMENT BENEFITS

For the payment of readjustment and rehabilitation benefits

to or on behalf of veterans as authorized by law (38 U.S.C. chapters

21, 30, 31, 34, 35, 36, 39, 51, 53, 55, and 61), $2,135,000,000,

to remain available until expended: Provided, That expenses for

rehabilitation program services and assistance which the Secretary

is authorized to provide under section 3104(a) of title 38, United

States Code, other than under subsection (a)(1), (2), (5), and (11)

of that section, shall be charged to this account.

VETERANS INSURANCE AND INDEMNITIES

For military and naval insurance, national service life insurance, servicemen’s indemnities, service-disabled veterans insurance,

and veterans mortgage life insurance as authorized by 38 U.S.C.

chapter 19; 70 Stat. 887; 72 Stat. 487, $26,200,000, to remain

available until expended.

VETERANS HOUSING BENEFIT PROGRAM FUND PROGRAM ACCOUNT

(INCLUDING TRANSFER OF FUNDS)

For the cost of direct and guaranteed loans, such sums as

may be necessary to carry out the program, as authorized by 38

U.S.C. chapter 37, as amended: Provided, That such costs, including

the cost of modifying such loans, shall be as defined in section

502 of the Congressional Budget Act of 1974, as amended: Provided

further, That during fiscal year 2002, within the resources available,

not to exceed $300,000 in gross obligations for direct loans are

authorized for specially adapted housing loans.

In addition, for administrative expenses to carry out the direct

and guaranteed loan programs, $164,497,000, which may be transferred to and merged with the appropriation for ‘‘General operating

expenses’’.

EDUCATION LOAN FUND PROGRAM ACCOUNT

(INCLUDING TRANSFER OF FUNDS)

For the cost of direct loans, $1,000, as authorized by 38 U.S.C.

3698, as amended: Provided, That such costs, including the cost

of modifying such loans, shall be as defined in section 502 of

the Congressional Budget Act of 1974, as amended: Provided further, That these funds are available to subsidize gross obligations

for the principal amount of direct loans not to exceed $3,400.

In addition, for administrative expenses necessary to carry

out the direct loan program, $64,000, which may be transferred

to and merged with the appropriation for ‘‘General operating

expenses’’.

VOCATIONAL REHABILITATION LOANS PROGRAM ACCOUNT

(INCLUDING TRANSFER OF FUNDS)

For the cost of direct loans, $72,000, as authorized by 38

U.S.C. chapter 31, as amended: Provided, That such costs, including

the cost of modifying such loans, shall be as defined in section

502 of the Congressional Budget Act of 1974, as amended: Provided

PUBLIC LAW 107–73—NOV. 26, 2001 115 STAT. 653

further, That funds made available under this heading are available

to subsidize gross obligations for the principal amount of direct

loans not to exceed $3,301,000.

In addition, for administrative expenses necessary to carry out the direct loan program, $274,000, which may be transferred

to and merged with the appropriation for ‘‘General operating

expenses’’.

NATIVE AMERICAN VETERAN HOUSING LOAN PROGRAM ACCOUNT

(INCLUDING TRANSFER OF FUNDS)

For administrative expenses to carry out the direct loan program authorized by 38 U.S.C. chapter 37, subchapter V, as

amended, $544,000, which may be transferred to and merged with

the appropriation for ‘‘General operating expenses’’.

GUARANTEED TRANSITIONAL HOUSING LOANS FOR HOMELESS

VETERANS PROGRAM ACCOUNT

For the administrative expenses to carry out the guaranteed

transitional housing loan program authorized by 38 U.S.C. chapter

37, subchapter VI, not to exceed $750,000 of the amounts appropriated by this Act for ‘‘General operating expenses’’ and ‘‘Medical

care’’ may be expended.

VETERANS HEALTH ADMINISTRATION

MEDICAL CARE

(INCLUDING TRANSFER OF FUNDS)

For necessary expenses for the maintenance and operation of

hospitals, nursing homes, and domiciliary facilities; for furnishing,

as authorized by law, inpatient and outpatient care and treatment

to beneficiaries of the Department of Veterans Affairs, including

care and treatment in facilities not under the jurisdiction of the

department; and furnishing recreational facilities, supplies, and

equipment; funeral, burial, and other expenses incidental thereto

for beneficiaries receiving care in the department; administrative

expenses in support of planning, design, project management, real

property acquisition and disposition, construction and renovation

of any facility under the jurisdiction or for the use of the department; oversight, engineering and architectural activities not charged

to project cost; repairing, altering, improving or providing facilities

in the several hospitals and homes under the jurisdiction of the

department, not otherwise provided for, either by contract or by

the hire of temporary employees and purchase of materials; uniforms or allowances therefor, as authorized by 5 U.S.C. 5901–

5902; aid to State homes as authorized by 38 U.S.C. 1741; administrative and legal expenses of the department for collecting and

recovering amounts owed the department as authorized under 38

U.S.C. chapter 17, and the Federal Medical Care Recovery Act,

42 U.S.C. 2651 et seq., $21,331,164,000, plus reimbursements: Provided, That of the funds made available under this heading,

$675,000,000 is for the equipment and land and structures object

classifications only, which amount shall not become available for

obligation until August 1, 2002, and shall remain available until

September 30, 2003: Provided further, That of the funds made

115 STAT. 654 PUBLIC LAW 107–73—NOV. 26, 2001

available under this heading, not to exceed $900,000,000 shall

be available until September 30, 2003: Provided further, That of

the funds made available under this heading for non-recurring

maintenance and repair (NRM) activities, $15,000,000 shall be

available without fiscal year limitation to support the NRM activities necessary to implement Capital Asset Realignment for

Enhanced Services (CARES) activities: Provided further, That from

amounts appropriated under this heading, additional amounts, as

designated by the Secretary no later than September 30, 2002,

may be used for CARES activities without fiscal year limitation:

Provided further, That the Secretary of Veterans Affairs shall conduct by contract a program of recovery audits for the fee basis

and other medical services contracts with respect to payments for

hospital care; and, notwithstanding 31 U.S.C. 3302(b), amounts

collected, by setoff or otherwise, as the result of such audits shall

be available, without fiscal year limitation, for the purposes for

which funds are appropriated under this heading and the purposes

of paying a contractor a percent of the amount collected as a

result of an audit carried out by the contractor: Provided further,

That all amounts so collected under the preceding proviso with

respect to a designated health care region (as that term is defined

in 38 U.S.C. 1729A(d)(2)) shall be allocated, net of payments to

the contractor, to that region.

In addition, in conformance with Public Law 105–33 establishing the Department of Veterans Affairs Medical Care Collections

Fund, such sums as may be deposited to such Fund pursuant

to 38 U.S.C. 1729A may be transferred to this account, to remain

available until expended for the purposes of this account.

MEDICAL AND PROSTHETIC RESEARCH

For necessary expenses in carrying out programs of medical

and prosthetic research and development as authorized by 38 U.S.C.

chapter 73, to remain available until September 30, 2003,

$371,000,000, plus reimbursements.

MEDICAL ADMINISTRATION AND MISCELLANEOUS OPERATING

EXPENSES

For necessary expenses in the administration of the medical,

hospital, nursing home, domiciliary, construction, supply, and

research activities, as authorized by law; administrative expenses

in support of capital policy activities, $66,731,000, plus reimbursements: Provided, That technical and consulting services offered

by the Facilities Management Field Service, including project

management and real property administration (including leases,

site acquisition and disposal activities directly supporting projects),

shall be provided to Department of Veterans Affairs components

only on a reimbursable basis, and such amounts will remain available until September 30, 2002.

DEPARTMENTAL ADMINISTRATION

GENERAL OPERATING EXPENSES

For necessary operating expenses of the Department of Veterans Affairs, not otherwise provided for, including administrative

Contracts.

PUBLIC LAW 107–73—NOV. 26, 2001 115 STAT. 655

expenses in support of Department-wide capital planning, management and policy activities, uniforms or allowances therefor; not

to exceed $25,000 for official reception and representation expenses;

hire of passenger motor vehicles; and reimbursement of the General

Services Administration for security guard services, and the Department of Defense for the cost of overseas employee mail,

$1,195,728,000: Provided, That expenses for services and assistance

authorized under 38 U.S.C. 3104(a)(1), (2), (5), and (11) that the

Secretary determines are necessary to enable entitled veterans:

(1) to the maximum extent feasible, to become employable and

to obtain and maintain suitable employment; or (2) to achieve

maximum independence in daily living, shall be charged to this

account: Provided further, That of the funds made available under

this heading, not to exceed $60,000,000 shall be available for obligation until September 30, 2003: Provided further, That from the

funds made available under this heading, the Veterans Benefits

Administration may purchase up to four passenger motor vehicles

for use in operations of that Administration in Manila, Philippines:

Provided further, That travel expenses for this account shall not

exceed $15,665,000.

NATIONAL CEMETERY ADMINISTRATION

For necessary expenses of the National Cemetery Administration for operations and maintenance, not otherwise provided for,

including uniforms or allowances therefor; cemeterial expenses as

authorized by law; purchase of one passenger motor vehicle for

use in cemeterial operations; and hire of passenger motor vehicles,

$121,169,000.

OFFICE OF INSPECTOR GENERAL

For necessary expenses of the Office of Inspector General in

carrying out the Inspector General Act of 1978, as amended,

$52,308,000.

CONSTRUCTION, MAJOR PROJECTS

For constructing, altering, extending and improving any of the

facilities under the jurisdiction or for the use of the Department

of Veterans Affairs, or for any of the purposes set forth in sections

316, 2404, 2406, 8102, 8103, 8106, 8108, 8109, 8110, and 8122

of title 38, United States Code, including planning, architectural

and engineering services, maintenance or guarantee period services

costs associated with equipment guarantees provided under the

project, services of claims analysts, offsite utility and storm drainage

system construction costs, and site acquisition, where the estimated

cost of a project is $4,000,000 or more or where funds for a project

were made available in a previous major project appropriation,

$183,180,000, to remain available until expended, of which

$60,000,000 shall be for Capital Asset Realignment for Enhanced

Services (CARES) activities; and of which not to exceed $20,000,000

shall be for costs associated with land acquisitions for national

cemeteries in the vicinity of Sacramento, California; Pittsburgh,

Pennsylvania; and Detroit, Michigan: Provided, That of the amount

made available under this heading for CARES activities, up to

$40,000,000 shall be for construction of a blind and spinal cord

injury center at the Hines Veterans Affairs Medical Center pursuant

115 STAT. 656 PUBLIC LAW 107–73—NOV. 26, 2001

to the Veterans Integrated Service Network (VISN) 12 CARES

study, and construction of such center is hereby deemed authorized

pursuant to title 38, United States Code: Provided further, That

the amounts designated in the previous proviso shall be available

for obligation only after the Secretary of Veterans Affairs has initiated all actions necessary to implement fully Option B of the

July 19, 2001 VISN 12 Service Delivery Options after consulting

with interested and affected parties, and has initiated Phase II

of the CARES process: Provided further, That except for advance

planning activities, including needs assessments which may or may

not lead to capital investments, and other capital asset management

related activities, such as portfolio development and management

activities, and investment strategy studies funded through the

advance planning fund and the planning and design activities

funded through the design fund and CARES funds, including needs

assessments which may or may not lead to capital investments,

none of the funds appropriated under this heading shall be used

for any project which has not been approved by the Congress

in the budgetary process: Provided further, That funds provided

in this appropriation for fiscal year 2002, for each approved project

(except those for CARES activities and the three land acquisitions

referenced above) shall be obligated: (1) by the awarding of a

construction documents contract by September 30, 2002; and (2)

by the awarding of a construction contract by September 30, 2003:

Provided further, That the Secretary of Veterans Affairs shall

promptly report in writing to the Committees on Appropriations

any approved major construction project in which obligations are

not incurred within the time limitations established above: Provided

further, That no funds from any other account except the ‘‘Parking

revolving fund’’, may be obligated for constructing, altering,

extending, or improving a project which was approved in the budget

process and funded in this account until 1 year after substantial

completion and beneficial occupancy by the Department of Veterans

Affairs of the project or any part thereof with respect to that

part only.

CONSTRUCTION, MINOR PROJECTS

For constructing, altering, extending, and improving any of

the facilities under the jurisdiction or for the use of the Department

of Veterans Affairs, including planning and assessments of needs

which may lead to capital investments, architectural and

engineering services, maintenance or guarantee period services

costs associated with equipment guarantees provided under the

project, services of claims analysts, offsite utility and storm drainage

system construction costs, and site acquisition, or for any of the

purposes set forth in sections 316, 2404, 2406, 8102, 8103, 8106,

8108, 8109, 8110, 8122, and 8162 of title 38, United States Code,

where the estimated cost of a project is less than $4,000,000,

$210,900,000, to remain available until expended, along with unobligated balances of previous ‘‘Construction, minor projects’’ appropriations which are hereby made available for any project where the

estimated cost is less than $4,000,000, of which $25,000,000 shall

be for Capital Asset Realignment for Enhanced Services (CARES)

activities: Provided, That from amounts appropriated under this

heading, additional amounts may be used for CARES activities

upon notification of and approval by the Committees on Appropriations: Provided further, That funds in this account shall be available

Reports.

Contracts.

Deadline.

PUBLIC LAW 107–73—NOV. 26, 2001 115 STAT. 657

for: (1) repairs to any of the nonmedical facilities under the jurisdiction or for the use of the department which are necessary because

of loss or damage caused by any natural disaster or catastrophe;

and (2) temporary measures necessary to prevent or to minimize

further loss by such causes.

PARKING REVOLVING FUND

For the parking revolving fund as authorized by 38 U.S.C.

8109, income from fees collected and $4,000,000 from the general

fund, both to remain available until expended, which shall be available for all authorized expenses except operations and maintenance

costs, which will be funded from ‘‘Medical care’’.

GRANTS FOR CONSTRUCTION OF STATE EXTENDED CARE FACILITIES

For grants to assist States to acquire or construct State nursing

home and domiciliary facilities and to remodel, modify or alter

existing hospital, nursing home and domiciliary facilities in State

homes, for furnishing care to veterans as authorized by 38 U.S.C.

8131–8137, $100,000,000, to remain available until expended.

GRANTS FOR CONSTRUCTION OF STATE VETERANS CEMETERIES

For grants to aid States in establishing, expanding, or

improving State veterans cemeteries as authorized by 38 U.S.C.

2408, $25,000,000, to remain available until expended.

ADMINISTRATIVE PROVISIONS

(INCLUDING TRANSFER OF FUNDS)

SEC. 101. Any appropriation for fiscal year 2002 for ‘‘Compensation and pensions’’, ‘‘Readjustment benefits’’, and ‘‘Veterans insurance and indemnities’’ may be transferred to any other of the

mentioned appropriations.

SEC. 102. Appropriations available to the Department of Veterans Affairs for fiscal year 2002 for salaries and expenses shall

be available for services authorized by 5 U.S.C. 3109.

SEC. 103. No appropriations in this Act for the Department

of Veterans Affairs (except the appropriations for ‘‘Construction,

major projects’’, ‘‘Construction, minor projects’’, and the ‘‘Parking

revolving fund’’) shall be available for the purchase of any site

for or toward the construction of any new hospital or home.

SEC. 104. No appropriations in this Act for the Department

of Veterans Affairs shall be available for hospitalization or examination of any persons (except beneficiaries entitled under the laws

bestowing such benefits to veterans, and persons receiving such

treatment under 5 U.S.C. 7901–7904 or 42 U.S.C. 5141–5204),

unless reimbursement of cost is made to the ‘‘Medical care’’ account

at such rates as may be fixed by the Secretary of Veterans Affairs.

SEC. 105. Appropriations available to the Department of Veterans Affairs for fiscal year 2002 for ‘‘Compensation and pensions’’, ‘‘Readjustment benefits’’, and ‘‘Veterans insurance and indemnities’’

shall be available for payment of prior year accrued obligations

required to be recorded by law against the corresponding prior

year accounts within the last quarter of fiscal year 2001.

SEC. 106. Appropriations accounts available to the Department

of Veterans Affairs for fiscal year 2002 shall be available to pay

115 STAT. 658 PUBLIC LAW 107–73—NOV. 26, 2001

prior year obligations of corresponding prior year appropriations

accounts resulting from title X of the Competitive Equality Banking

Act, Public Law 100–86, except that if such obligations are from

trust fund accounts they shall be payable from ‘‘Compensation

and pensions’’.

SEC. 107. Notwithstanding any other provision of law, during

fiscal year 2002, the Secretary of Veterans Affairs shall, from the

National Service Life Insurance Fund (38 U.S.C. 1920), the Veterans’ Special Life Insurance Fund (38 U.S.C. 1923), and the United

States Government Life Insurance Fund (38 U.S.C. 1955), reimburse

the ‘‘General operating expenses’’ account for the cost of administration of the insurance programs financed through those accounts:

Provided, That reimbursement shall be made only from the surplus

earnings accumulated in an insurance program in fiscal year 2002,

that are available for dividends in that program after claims have

been paid and actuarially determined reserves have been set aside:

Provided further, That if the cost of administration of an insurance

program exceeds the amount of surplus earnings accumulated in

that program, reimbursement shall be made only to the extent

of such surplus earnings: Provided further, That the Secretary

shall determine the cost of administration for fiscal year 2002,

which is properly allocable to the provision of each insurance program and to the provision of any total disability income insurance

included in such insurance program.

SEC. 108. Notwithstanding any other provision of law, the

Department of Veterans Affairs shall continue the Franchise Fund

pilot program authorized to be established by section 403 of Public

Law 103–356 until October 1, 2002: Provided, That the Franchise

Fund, established by title I of Public Law 104–204 to finance

the operations of the Franchise Fund pilot program, shall continue

until October 1, 2002.

SEC. 109. Amounts deducted from enhanced-use lease proceeds

to reimburse an account for expenses incurred by that account

during a prior fiscal year for providing enhanced-use lease services,

may be obligated during the fiscal year in which the proceeds

are received.

SEC. 110. Funds available in any Department of Veterans

Affairs appropriation for fiscal year 2002 or funds for salaries

and other administrative expenses shall also be available to

reimburse the Office of Resolution Management and the Office

of Employment Discrimination Complaint Adjudication for all services provided at rates which will recover actual costs but not exceed

$28,555,000 for the Office of Resolution Management and

$2,383,000 for the Office of Employment and Discrimination Complaint Adjudication: Provided, That payments may be made in

advance for services to be furnished based on estimated costs:

Provided further, That amounts received shall be credited to ‘‘General operating expenses’’ for use by the office that provided the

service.

SEC. 111. The Secretary of Veterans Affairs shall treat the

North Dakota Veterans Cemetery, Mandan, North Dakota, as a

veterans cemetery owned by the State of North Dakota for purposes

of making grants to States in expanding or improving veterans

cemeteries under section 2408 of title 38, United States Code.

This section shall take effect on the date of enactment of this

Act, and shall apply with respect to grants under section 2408

of title 38, United States Code, that occur on or after that date.

Effective date.

Applicability.

North Dakota.

Grants.

31 USC 501 note.

PUBLIC LAW 107–73—NOV. 26, 2001 115 STAT. 659

TITLE II—DEPARTMENT OF HOUSING AND URBAN

DEVELOPMENT

PUBLIC AND INDIAN HOUSING

HOUSING CERTIFICATE FUND

(INCLUDING TRANSFER AND RESCISSION OF FUNDS)

For activities and assistance to prevent the involuntary

displacement of low-income families, the elderly and the disabled

because of the loss of affordable housing stock, expiration of subsidy

contracts (other than contracts for which amounts are provided

under another heading in this Act) or expiration of use restrictions,

or other changes in housing assistance arrangements, and for other

purposes, $16,280,975,000, of which $640,000,000 shall be from

unobligated balances from amounts recaptured from fiscal year

2000 and prior years pursuant to a reduction in the amounts

provided for Annual Contributions Contract Reserve Accounts, and

amounts that are recaptured in this account to remain available

until expended: Provided, That not later than October 1, 2001,

the Department of Housing and Urban Development shall reduce

from 60 days to 30 days the amount of reserve funds made available

to public housing authorities: Provided further, That of the total

amount provided under this heading, $16,071,975,000, of which

$11,231,975,000 and the aforementioned recaptures shall be available on October 1, 2001 and $4,200,000,000 shall be available

on October 1, 2002, shall be for assistance under the United States

Housing Act of 1937, as amended (‘‘the Act’’ herein) (42 U.S.C.

1437 et seq.): Provided further, That the foregoing amounts shall

be for use in connection with expiring or terminating section 8

subsidy contracts, for amendments to section 8 subsidy contracts,

for enhanced vouchers (including amendments and renewals) under

any provision of law authorizing such assistance under section

8(t) of the Act (42 U.S.C. 1437f(t)), contract administrators, and

contracts entered into pursuant to section 441 of the McKinneyVento Homeless Assistance Act: Provided further, That amounts

available under the second proviso under this heading shall be

available for section 8 rental assistance under the Act: (1) for

the relocation and replacement of housing units that are demolished

or disposed of pursuant to the Omnibus Consolidated Rescissions

and Appropriations Act of 1996 (Public Law 104–134; Stat. 1321–

269); (2) for the conversion of section 23 projects to assistance

under section 8; (3) for funds to carry out the family unification

program; (4) for the relocation of witnesses in connection with

efforts to combat crime in public and assisted housing pursuant

to a request from a law enforcement or prosecution agency; (5)

for tenant protection assistance, including replacement and relocation assistance; and (6) for the 1-year renewal of section 8 contracts

for units in projects that are subject to approved plans of action

under the Emergency Low Income Housing Preservation Act of

1987 or the Low-Income Housing Preservation and Resident

Homeownership Act of 1990: Provided further, That of the total

amount provided under this heading, no less than $13,400,000

shall be transferred to the Working Capital Fund for the development and maintenance of information technology systems: Provided

further, That of the total amount provided under this heading, $143,979,000 shall be made available for incremental vouchers

Deadline.

115 STAT. 660 PUBLIC LAW 107–73—NOV. 26, 2001

under section 8 of the Act, of which $103,979,000 shall be made

available on a fair share basis to those public housing agencies

that have no less than a 97 percent occupancy rate; and of which

$40,000,000 shall be made available to nonelderly disabled families

affected by the designation of a public housing development under

section 7 of the Act, the establishment of preferences in accordance

with section 651 of the Housing and Community Development Act

of 1992 (42 U.S.C. 13611), or the restriction of occupancy to elderly

families in accordance with section 658 of such Act (42 U.S.C.

13618), and to the extent the Secretary determines that such

amount is not needed to fund applications for such affected families,

to other nonelderly disabled families: Provided further, That up to $195,601,000 from amounts made available under this heading

may be made available for contract administrators: Provided further, That amounts available under this heading may be made

available for administrative fees and other expenses to cover the

cost of administering rental assistance programs under section 8

of the Act: Provided further, That the fee otherwise authorized

under section 8(q) of the Act shall be determined in accordance

with section 8(q), as in effect immediately before the enactment

of the Quality Housing and Work Responsibility Act of 1998: Provided further, That $1,200,000,000 is rescinded from unobligated

balances remaining from funds appropriated to the Department

of Housing and Urban Development under this heading or the

heading ‘‘Annual contributions for assisted housing’’ or any other

heading for fiscal year 2001 and prior years: Provided further, That any such balances governed by reallocation provisions under

the statute authorizing the program for which the funds were

originally appropriated shall not be available for this rescission:

Provided further, That the Secretary shall have until September

30, 2002, to meet the rescission in the proviso preceding the immediately preceding proviso: Provided further, That any obligated

balances of contract authority that have been terminated shall

be canceled.

PUBLIC HOUSING CAPITAL FUND

(INCLUDING TRANSFER OF FUNDS)

For the Public Housing Capital Fund Program to carry out

capital and management activities for public housing agencies, as

authorized under section 9 of the United States Housing Act of

1937, as amended (42 U.S.C. 1437g), $2,843,400,000, to remain

available until September 30, 2005: Provided, That, hereafter, notwithstanding any other provision of law or any failure of the Secretary of Housing and Urban Development to issue regulations

to carry out section 9(j) of the United States Housing Act of 1937

(42 U.S.C. 1437g(j)), such section is deemed to have taken effect

on October 1, 1998, and, except as otherwise provided in this

heading, shall apply to all assistance made available under this

same heading on or after such date: Provided further, That of

the total amount provided under this heading, in addition to

amounts otherwise allocated under this heading, $550,000,000 shall

be allocated for such capital and management activities only among

public housing agencies that have obligated all assistance for the

agency for fiscal years 1998 and 1999 made available under this

same heading in accordance with the requirements under paragraphs (1) and (2) of section 9(j) of such Act: Provided further,

Effective date.

Applicability.

42 USC 1437g

note.

Deadline.

42 USC 1437f

note.

PUBLIC LAW 107–73—NOV. 26, 2001 115 STAT. 661

That notwithstanding any other provision of law or regulation,

during fiscal year 2002, the Secretary may not delegate to any

Department official other than the Deputy Secretary any authority

under paragraph (2) of such section 9(j) regarding the extension

of the time periods under such section for obligation of amounts

made available for fiscal year 1998, 1999, 2000, 2001, or 2002:

Provided further, That notwithstanding the first proviso and paragraphs (3) and (5)(B) of such section 9(j), if at any time before

the effectiveness of final regulations issued by the Secretary under

section 6(j) of the United States Housing Act of 1937 (42 U.S.C.

1437d(j)) providing for assessment of public housing agencies and

designation of high-performing agencies, any amounts made available under the public housing Capital Fund for fiscal year 1999,

2000, 2001, or 2002 remain unobligated in violation of paragraph

(1) of such section 9(j) or unexpended in violation of paragraph

(5)(A) of such section 9(j), the Secretary shall recapture any such

amounts and reallocate such amounts among public housing agencies that, at the time of such reallocation, are not in violation

of any requirement under paragraph (1) or (5)(A) of such section:

Provided further, That for purposes of this heading, the term ‘‘obligate’’ means, with respect to amounts, that the amounts are subject

to a binding agreement that will result in outlays immediately

or in the future: Provided further, That of the total amount provided under this heading, up to $51,000,000 shall be for carrying out

activities under section 9(h) of such Act, of which up to $10,000,000

shall be for the provision of remediation services to public housing

agencies identified as ‘‘troubled’’ under the Section 8 Management

Assessment Program: Provided further, That of the total amount

provided under this heading, up to $500,000 shall be for lease

adjustments to section 23 projects, and no less than $52,700,000

shall be transferred to the Working Capital Fund for the development and maintenance of information technology systems: Provided

further, That no funds may be used under this heading for the

purposes specified in section 9(k) of the United States Housing

Act of 1937, as amended: Provided further, That of the total amount

provided under this heading, up to $75,000,000 shall be available

for the Secretary of Housing and Urban Development to make

grants to public housing agencies for emergency capital needs

resulting from emergencies and natural disasters in fiscal year

2002: Provided further, That of the total amount provided under this heading, $15,000,000 shall be for a Neighborhood Networks

initiative for activities authorized in section 9(d)(1)(E) of the United

States Housing Act of 1937, as amended: Provided further, That

notwithstanding any other provision of law, amounts made available

in the previous proviso shall be awarded to public housing agencies

on a competitive basis as provided in section 102 of the Department

of Housing and Urban Development Reform Act of 1989.

PUBLIC HOUSING OPERATING FUND

(INCLUDING TRANSFER AND RESCISSION OF FUNDS)

For payments to public housing agencies for the operation

and management of public housing, as authorized by section 9(e)

of the United States Housing Act of 1937, as amended (42 U.S.C.

1437g(e)), $3,494,868,000, to remain available until September 30,

2003: Provided, That of the total amount provided under this

heading, $5,000,000 shall be provided to the Office of Inspector

115 STAT. 662 PUBLIC LAW 107–73—NOV. 26, 2001

General: Provided further, That of the total amount provided under

this heading, $10,000,000 shall be for programs, as determined

appropriate by the Attorney General, which assist in the investigation, prosecution, and prevention of violent crimes and drug offenses

in public and federally-assisted low-income housing, including

Indian housing: Provided further, That funds made available in

the previous proviso shall be administered by the Department of

Justice through a reimbursable agreement with the Department

of Housing and Urban Development: Provided further, That no

funds may be used under this heading for the purposes specified

in section 9(k) of the United States Housing Act of 1937, as

amended: Provided further, That of the unobligated balances

remaining from funds appropriated in fiscal year 2001 and prior

years under the heading ‘‘Drug elimination grants for low-income

housing’’ for activities related to the Operation Safe Home Program,

$11,000,000 is hereby rescinded.

REVITALIZATION OF SEVERELY DISTRESSED PUBLIC HOUSING (HOPE VI)

For grants to public housing agencies for demolition, site

revitalization, replacement housing, and tenant-based assistance

grants to projects as authorized by section 24 of the United States

Housing Act of 1937, as amended, $573,735,000 to remain available

until September 30, 2003, of which the Secretary may use up

to $6,250,000 for technical assistance and contract expertise, to

be provided directly or indirectly by grants, contracts or cooperative

agreements, including training and cost of necessary travel for

participants in such training, by or to officials and employees of

the department and of public housing agencies and to residents:

Provided, That none of such funds shall be used directly or indirectly

by granting competitive advantage in awards to settle litigation

or pay judgments, unless expressly permitted herein: Provided further, That of the total amount provided under this heading,

$5,000,000 shall be for a Neighborhood Networks initiative for

activities authorized in section 24(d)(1)(G) of the United States

Housing Act of 1937, as amended: Provided further, That notwithstanding any other provision of law, amounts made available in

the previous proviso shall be awarded to public housing agencies

on a competitive basis as provided in section 102 of the Department

of Housing and Urban Development Reform Act of 1989.

NATIVE AMERICAN HOUSING BLOCK GRANTS

(INCLUDING TRANSFERS OF FUNDS)

For the Native American Housing Block Grants program, as

authorized under title I of the Native American Housing Assistance

and Self-Determination Act of 1996 (NAHASDA) (25 U.S.C. 4111

et seq.), $648,570,000, to remain available until expended, of which

$2,200,000 shall be contracted through the Secretary as technical

assistance and capacity building to be used by the National American Indian Housing Council in support of the implementation

of NAHASDA; of which $5,000,000 shall be to support the inspection

of Indian housing units, contract expertise, training, and technical

assistance in the training, oversight, and management of Indian

housing and tenant-based assistance, including up to $300,000 for

PUBLIC LAW 107–73—NOV. 26, 2001 115 STAT. 663

related travel; and of which no less than $3,000,000 shall be transferred to the Working Capital Fund for the development and maintenance of information technology systems: Provided, That of the

amount provided under this heading, $5,987,000 shall be made

available for the cost of guaranteed notes and other obligations,

as authorized by title VI of NAHASDA: Provided further, That

such costs, including the costs of modifying such notes and other

obligations, shall be as defined in section 502 of the Congressional

Budget Act of 1974, as amended: Provided further, That these

funds are available to subsidize the total principal amount of any

notes and other obligations, any part of which is to be guaranteed,

not to exceed $52,726,000: Provided further, That the Secretary

of Housing and Urban Development may provide technical and

financial assistance to Indian tribes and their tribally-designated

housing entities in accordance with the provisions of NAHASDA

for emergency housing, housing assistance, and other assistance

to address the problem of mold: Provided further, That for administrative expenses to carry out the guaranteed loan program, up

to $150,000 from amounts in the first proviso, which shall be

transferred to and merged with the appropriation for ‘‘Salaries

and expenses’’, to be used only for the administrative costs of

these guarantees.

INDIAN HOUSING LOAN GUARANTEE FUND PROGRAM ACCOUNT

(INCLUDING TRANSFER OF FUNDS)

For the cost of guaranteed loans, as authorized by section

184 of the Housing and Community Development Act of 1992 (12

U.S.C. 1715z–13a), $5,987,000, to remain available until expended:

Provided, That such costs, including the costs of modifying such

loans, shall be as defined in section 502 of the Congressional Budget

Act of 1974, as amended: Provided further, That these funds are

available to subsidize total loan principal, any part of which is

to be guaranteed, not to exceed $234,283,000.

In addition, for administrative expenses to carry out the guaranteed loan program, up to $200,000 from amounts in the

first paragraph, which shall be transferred to and merged with

the appropriation for ‘‘Salaries and expenses’’, to be used only

for the administrative costs of these guarantees.

NATIVE HAWAIIAN HOUSING LOAN GUARANTEE FUND

(INCLUDING TRANSFER OF FUNDS)

For the cost of guaranteed loans, as authorized by section

184A of the Housing and Community Development Act of 1992

(12 U.S.C. 1715z–13b), $1,000,000, to remain available until

expended: Provided, That such costs, including the costs of modifying such loans, shall be as defined in section 502 of the Congressional Budget Act of 1974, as amended: Provided further, That

these funds are available to subsidize total loan principal, any

part of which is to be guaranteed, not to exceed $40,000,000.

In addition, for administrative expenses to carry out the

guaranteed loan program, up to $35,000 from amounts in the first

paragraph, which shall be transferred to and merged with the

appropriation for ‘‘Salaries and expenses’’, to be used only for the

administrative costs of these guarantees.

115 STAT. 664 PUBLIC LAW 107–73—NOV. 26, 2001

COMMUNITY PLANNING AND DEVELOPMENT

HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS

For carrying out the Housing Opportunities for Persons with

AIDS program, as authorized by the AIDS Housing Opportunity

Act (42 U.S.C. 12901 et seq.), $277,432,000, to remain available

until September 30, 2003: Provided, That the Secretary shall renew

all expiring contracts for permanent supportive housing that were

funded under section 854(c)(3) of such Act that meet all program

requirements before awarding funds for new contracts and activities

authorized under this section: Provided further, That the Secretary may use up to $2,000,000 of the funds under this heading for

training, oversight, and technical assistance activities.

RURAL HOUSING AND ECONOMIC DEVELOPMENT

For the Office of Rural Housing and Economic Development in the Department of Housing and Urban Development, $25,000,000

to remain available until expended, which amount shall be awarded

by June 1, 2002, to Indian tribes, State housing finance agencies,

State community and/or economic development agencies, local rural

nonprofits and community development corporations to support

innovative housing and economic development activities in rural

areas: Provided, That all grants shall be awarded on a competitive

basis as specified in section 102 of the Department of Housing

and Urban Development Reform Act of 1989.

EMPOWERMENT ZONES/ENTERPRISE COMMUNITIES

For grants in connection with a second round of empowerment

zones and enterprise communities, $45,000,000, to remain available

until expended, for ‘‘Urban Empowerment Zones’’, as authorized

in section 1391(g) of the Internal Revenue Code of 1986 (26 U.S.C.

1391(g)), including $3,000,000 for each empowerment zone for use

in conjunction with economic development activities consistent with

the strategic plan of each empowerment zone.

COMMUNITY DEVELOPMENT FUND

(INCLUDING TRANSFERS OF FUNDS)

For assistance to units of State and local government, and

to other entities, for economic and community development activities, and for other purposes, $5,000,000,000, to remain available

until September 30, 2004: Provided, That of the amount provided,

$4,341,000,000 is for carrying out the community development block

grant program under title I of the Housing and Community Development Act of 1974, as amended (the ‘‘Act’’ herein) (42 U.S.C. 5301

et seq.): Provided further, That $70,000,000 shall be for grants

to Indian tribes notwithstanding section 106(a)(1) of such Act;

$3,300,000 shall be available as a grant to the Housing Assistance

Council; $2,600,000 shall be available as a grant to the National

American Indian Housing Council; $5,000,000 shall be available

as a grant to the National Housing Development Corporation, for

operating expenses not to exceed $2,000,000 and for a program

of affordable housing acquisition and rehabilitation; $5,000,000 shall

be available as a grant to the National Council of La Raza for

the HOPE Fund, of which $500,000 is for technical assistance

Grants.

Grants.

Deadline.

PUBLIC LAW 107–73—NOV. 26, 2001 115 STAT. 665

and fund management, and $4,500,000 is for investments in the

HOPE Fund and financing to affiliated organizations; and

$42,500,000 shall be for grants pursuant to section 107 of the

Act of which $4,000,000 shall be made available to support Alaska

Native serving institutions and Native Hawaiian serving institutions as defined under the Higher Education Act, as amended,

and of which $3,000,000 shall be made available to tribal colleges

and universities to build, expand, renovate and equip their facilities:

Provided further, That $9,600,000 shall be made available to the

Department of Hawaiian Homelands to provide assistance as

authorized under title VIII of the Native American Housing Assistance and Self-Determination Act of 1996 (22 U.S.C. 4221 et seq.)

(with no more than 5 percent of such funds being available for

administrative costs): Provided further, That no less than

$13,800,000 shall be transferred to the Working Capital Fund for

the development and maintenance of information technology systems: Provided further, That $22,000,000 shall be for grants pursuant to the Self Help Housing Opportunity Program: Provided further, That not to exceed 20 percent of any grant made with funds

appropriated under this heading (other than a grant made available

in this paragraph to the Housing Assistance Council or the National

American Indian Housing Council, or a grant using funds under

section 107(b)(3) of the Act) shall be expended for ‘‘Planning and

Management Development’’ and ‘‘Administration’’, as defined in

regulations promulgated by the Department.

Of the amount made available under this heading, $29,000,000

shall be made available for capacity building, of which $25,000,000

shall be made available for Capacity Building for Community

Development and Affordable Housing for LISC and the Enterprise

Foundation for activities as authorized by section 4 of the HUD

Demonstration Act of 1993 (42 U.S.C. 9816 note), as in effect

immediately before June 12, 1997, with not less than $5,000,000

of the funding to be used in rural areas, including tribal areas,

and of which $4,000,000 shall be for capacity building activities

administered by Habitat for Humanity International.

Of the amount made available under this heading, the Secretary

of Housing and Urban Development may use up to $55,000,000

for supportive services for public housing residents, as authorized

by section 34 of the United States Housing Act of 1937, as amended,

and for residents of housing assisted under the Native American

Housing Assistance and Self-Determination Act of 1996

(NAHASDA) and for grants for service coordinators and congregate

services for the elderly and disabled residents of public and assisted

housing and housing assisted under NAHASDA.

Of the amount made available under this heading, $42,000,000

shall be available for neighborhood initiatives that are utilized

to improve the conditions of distressed and blighted areas and

neighborhoods, to stimulate investment, economic diversification,

and community revitalization in areas with population outmigration

or a stagnating or declining economic base, or to determine whether

housing benefits can be integrated more effectively with welfare

reform initiatives: Provided, That these grants shall be provided

in accord with the terms and conditions specified in the statement

of managers accompanying this conference report.

Of the amount made available under this heading, notwithstanding any other provision of law, $65,000,000 shall be available

for YouthBuild program activities authorized by subtitle D of title

Grants.

115 STAT. 666 PUBLIC LAW 107–73—NOV. 26, 2001

IV of the Cranston-Gonzalez National Affordable Housing Act, as

amended, and such activities shall be an eligible activity with

respect to any funds made available under this heading: Provided, That local YouthBuild programs that demonstrate an ability to

leverage private and nonprofit funding shall be given a priority

for YouthBuild funding: Provided further, That no more than 10

percent of any grant award may be used for administrative costs:

Provided further, That not less than $10,000,000 shall be available

for grants to establish YouthBuild programs in underserved and

rural areas: Provided further, That of the amount provided under this paragraph, $2,000,000 shall be set aside and made available

for a grant to YouthBuild USA for capacity building for community

development and affordable housing activities as specified in section

4 of the HUD Demonstration Act of 1993, as amended.

Of the amount made available under this heading, $294,200,000

shall be available for grants for the Economic Development Initiative (EDI) to finance a variety of targeted economic investments

in accordance with the terms and conditions specified in the statement of managers accompanying this conference report.

COMMUNITY DEVELOPMENT LOAN GUARANTEES PROGRAM ACCOUNT

(INCLUDING TRANSFER OF FUNDS)

For the cost of guaranteed loans, $14,000,000, to remain available until September 30, 2003, as authorized by section 108 of

the Housing and Community Development Act of 1974, as amended:

Provided, That such costs, including the cost of modifying such

loans, shall be as defined in section 502 of the Congressional Budget

Act of 1974, as amended: Provided further, That these funds are

available to subsidize total loan principal, any part of which is

to be guaranteed, not to exceed $608,696,000, notwithstanding any

aggregate limitation on outstanding obligations guaranteed in section 108(k) of the Housing and Community Development Act of

1974, as amended: Provided further, That in addition, for administrative expenses to carry out the guaranteed loan program,

$1,000,000, which shall be transferred to and merged with the

appropriation for ‘‘Salaries and expenses’’.

BROWNFIELDS REDEVELOPMENT

For Economic Development Grants, as authorized by section

108(q) of the Housing and Community Development Act of 1974,

as amended, for Brownfields redevelopment projects, $25,000,000,

to remain available until September 30, 2003: Provided, That the

Secretary of Housing and Urban Development shall make these

grants available on a competitive basis as specified in section 102

of the Department of Housing and Urban Development Reform

Act of 1989.

HOME INVESTMENT PARTNERSHIPS PROGRAM

(INCLUDING TRANSFER OF FUNDS)

For the HOME investment partnerships program, as authorized

under title II of the Cranston-Gonzalez National Affordable Housing

Act, as amended, $1,846,040,000 to remain available until September 30, 2004: Provided, That of the total amount provided under

this heading, $50,000,000 shall be available for the Downpayment

Grants.

Grants.

PUBLIC LAW 107–73—NOV. 26, 2001 115 STAT. 667

Assistance Initiative, subject to the enactment of subsequent legislation authorizing such initiative: Provided further, That should legislation authorizing such initiative not be enacted by June 30, 2002,

amounts designated in the previous proviso shall become available

for any such purpose authorized under title II of the CranstonGonzalez National Affordable Housing Act, as amended: Provided

further, That of the total amount provided under this heading,

up to $20,000,000 shall be available for housing counseling under

section 106 of the Housing and Urban Development Act of 1968;

and no less than $17,000,000 shall be transferred to the Working

Capital Fund for the development and maintenance of information

technology systems.

HOMELESS ASSISTANCE GRANTS

(INCLUDING TRANSFER OF FUNDS)

For the emergency shelter grants program as authorized under

subtitle B of title IV of the McKinney-Vento Homeless Assistance

Act, as amended; the supportive housing program as authorized

under subtitle C of title IV of such Act; the section 8 moderate

rehabilitation single room occupancy program as authorized under

the United States Housing Act of 1937, as amended, to assist

homeless individuals pursuant to section 441 of the McKinneyVento Homeless Assistance Act; and the shelter plus care program

as authorized under subtitle F of title IV of such Act,

$1,122,525,000, to remain available until September 30, 2004: Provided, That not less than 30 percent of funds made available,

excluding amounts provided for renewals under the shelter plus

care program, shall be used for permanent housing: Provided further, That all funds awarded for services shall be matched by

25 percent in funding by each grantee: Provided further, That

the Secretary shall renew on an annual basis expiring contracts

or amendments to contracts funded under the shelter plus care

program if the program is determined to be needed under the

applicable continuum of care and meets appropriate program

requirements and financial standards, as determined by the Secretary: Provided further, That all awards of assistance under this

heading shall be required to coordinate and integrate homeless

programs with other mainstream health, social services, and

employment programs for which homeless populations may be

eligible, including Medicaid, State Children’s Health Insurance Program, Temporary Assistance for Needy Families, Food Stamps,

and services funding through the Mental Health and Substance

Abuse Block Grant, Workforce Investment Act, and the Welfareto-Work grant program: Provided further, That $2,000,000 of the

funds appropriated under this heading shall be available for the

national homeless data analysis project: Provided further, That

$6,600,000 of the funds appropriated under this heading shall be

available for technical assistance: Provided further, That no less

than $5,600,000 of the funds appropriated under this heading shall

be transferred to the Working Capital Fund: Provided further, That

$500,000 shall be made available to the Interagency Council on

the Homeless for administrative needs.

115 STAT. 668 PUBLIC LAW 107–73—NOV. 26, 2001

HOUSING PROGRAMS

HOUSING FOR SPECIAL POPULATIONS

(INCLUDING TRANSFER OF FUNDS)

For assistance for the purchase, construction, acquisition, or

development of additional public and subsidized housing units for

low income families not otherwise provided for, $1,024,151,000,

to remain available until September 30, 2004: Provided, That

$783,286,000 shall be for capital advances, including amendments

to capital advance contracts, for housing for the elderly, as authorized by section 202 of the Housing Act of 1959, as amended, and

for project rental assistance for the elderly under section 202(c)(2)

of such Act, including amendments to contracts for such assistance

and renewal of expiring contracts for such assistance for up to

a 1-year term, and for supportive services associated with the

housing, of which amount $50,000,000 shall be for service coordinators and the continuation of existing congregate service grants

for residents of assisted housing projects, and of which amount

$50,000,000 shall be for grants under section 202b of the Housing

Act of 1959 (12 U.S.C. 1701q–2) for conversion of eligible projects

under such section to assisted living or related use: Provided further,

That of the amount under this heading, $240,865,000 shall be

for capital advances, including amendments to capital advance contracts, for supportive housing for persons with disabilities, as

authorized by section 811 of the Cranston-Gonzalez National Affordable Housing Act, for project rental assistance for supportive

housing for persons with disabilities under section 811(d)(2) of

such Act, including amendments to contracts for such assistance

and renewal of expiring contracts for such assistance for up to

a 1-year term, and for supportive services associated with the

housing for persons with disabilities as authorized by section

811(b)(1) of such Act, and for tenant-based rental assistance contracts entered into pursuant to section 811 of such Act: Provided

further, That no less than $1,200,000, to be divided evenly between

the appropriations for the section 202 and section 811 programs,

shall be transferred to the Working Capital Fund for the development and maintenance of information technology systems: Provided

further, That, in addition to amounts made available for renewal

of tenant-based rental assistance contracts pursuant to the second

proviso of this paragraph, the Secretary may designate up to 25

percent of the amounts earmarked under this paragraph for section

811 of such Act for tenant-based assistance, as authorized under

that section, including such authority as may be waived under

the next proviso, which assistance is 5 years in duration: Provided

further, That the Secretary may waive any provision of such section

202 and such section 811 (including the provisions governing the

terms and conditions of project rental assistance and tenant-based

assistance) that the Secretary determines is not necessary to achieve

the objectives of these programs, or that otherwise impedes the

ability to develop, operate, or administer projects assisted under

these programs, and may make provision for alternative conditions

or terms where appropriate.

Grants.

PUBLIC LAW 107–73—NOV. 26, 2001 115 STAT. 669

FLEXIBLE SUBSIDY FUND

(TRANSFER OF FUNDS)

From the Rental Housing Assistance Fund, all uncommitted

balances of excess rental charges as of September 30, 2001, and

any collections made during fiscal year 2002, shall be transferred

to the Flexible Subsidy Fund, as authorized by section 236(g) of

the National Housing Act, as amended.

MANUFACTURED HOUSING FEES TRUST FUND

For necessary expenses as authorized by the National Manufactured Housing Construction and Safety Standards Act of 1974,

as amended (42 U.S.C. 5401 et seq.), $13,566,000, to remain available until expended, to be derived from the Manufactured Housing

Fees Trust Fund: Provided, That not to exceed the total amount

appropriated under this heading shall be available from the general

fund of the Treasury to the extent necessary to incur obligations

and make expenditures pending the receipt of collections to the

Fund pursuant to section 620 of such Act: Provided further, That

the amount made available under this heading from the general

fund shall be reduced as such collections are received during fiscal

year 2002 so as to result in a final fiscal year 2002 appropriation

from the general fund estimated at not more than $0 and fees

pursuant to such section 620 shall be modified as necessary to

ensure such a final fiscal year 2002 appropriation.

FEDERAL HOUSING ADMINISTRATION

MUTUAL MORTGAGE INSURANCE PROGRAM ACCOUNT

(INCLUDING TRANSFERS OF FUNDS)

During fiscal year 2002, commitments to guarantee loans to

carry out the purposes of section 203(b) of the National Housing

Act, as amended, shall not exceed a loan principal of

$160,000,000,000.

During fiscal year 2002, obligations to make direct loans to

carry out the purposes of section 204(g) of the National Housing

Act, as amended, shall not exceed $250,000,000: Provided, That

the foregoing amount shall be for loans to nonprofit and governmental entities in connection with sales of single family real properties owned by the Secretary and formerly insured under the

Mutual Mortgage Insurance Fund.

For administrative expenses necessary to carry out the guaranteed and direct loan program, $336,700,000, of which not to exceed

$332,678,000 shall be transferred to the appropriation for ‘‘Salaries

and expenses’’; and not to exceed $4,022,000 shall be transferred

to the appropriation for ‘‘Office of Inspector General’’. In addition,

for administrative contract expenses, $160,000,000, of which no

less than $118,400,000 shall be transferred to the Working Capital

Fund for the development and maintenance of information technology systems: Provided, That to the extent guaranteed loan

commitments exceed $65,500,000,000 on or before April 1, 2002,

an additional $1,400 for administrative contract expenses shall

be available for each $1,000,000 in additional guaranteed loan

commitments (including a pro rata amount for any amount below

Loans.

115 STAT. 670 PUBLIC LAW 107–73—NOV. 26, 2001

$1,000,000), but in no case shall funds made available by this

proviso exceed $16,000,000.

GENERAL AND SPECIAL RISK PROGRAM ACCOUNT

(INCLUDING TRANSFERS OF FUNDS)

For the cost of guaranteed loans, as authorized by sections

238 and 519 of the National Housing Act (12 U.S.C. 1715z–3 and

1735c), including the cost of loan guarantee modifications, as that

term is defined in section 502 of the Congressional Budget Act

of 1974, as amended, $15,000,000, to remain available until

expended: Provided, That these funds are available to subsidize

total loan principal, any part of which is to be guaranteed, of

up to $21,000,000,000: Provided further, That any amounts made

available in any prior appropriations Act for the cost (as such

term is defined in section 502 of the Congressional Budget Act

of 1974) of guaranteed loans that are obligations of the funds

established under section 238 or 519 of the National Housing Act

that have not been obligated or that are deobligated shall be available to the Secretary of Housing and Urban Development in connection with the making of such guarantees and shall remain available

until expended, notwithstanding the expiration of any period of

availability otherwise applicable to such amounts.

Gross obligations for the principal amount of direct loans, as

authorized by sections 204(g), 207(l), 238, and 519(a) of the National

Housing Act, shall not exceed $50,000,000, of which not to exceed

$30,000,000 shall be for bridge financing in connection with the

sale of multifamily real properties owned by the Secretary and

formerly insured under such Act; and of which not to exceed

$20,000,000 shall be for loans to nonprofit and governmental entities in connection with the sale of single-family real properties

owned by the Secretary and formerly insured under such Act.

In addition, for administrative expenses necessary to carry out the guaranteed and direct loan programs, $216,100,000, of

which $197,779,000, shall be transferred to the appropriation for

‘‘Salaries and expenses’’; and of which $18,321,000 shall be transferred to the appropriation for ‘‘Office of Inspector General’’. In

addition, for administrative contract expenses necessary to carry

out the guaranteed and direct loan programs, $144,000,000, of

which no less than $41,000,000 shall be transferred to the Working

Capital Fund for the development and maintenance of information

technology systems: Provided, That to the extent guaranteed loan commitments exceed $8,426,000,000 on or before April 1, 2002,

an additional $1,980 for administrative contract expenses shall

be available for each $1,000,000 in additional guaranteed loan

commitments over $8,426,000,000 (including a pro rata amount

for any increment below $1,000,000), but in no case shall funds

made available by this proviso exceed $14,400,000.

GOVERNMENT NATIONAL MORTGAGE ASSOCIATION (GNMA)

GUARANTEES OF MORTGAGE-BACKED SECURITIES LOAN GUARANTEE

PROGRAM ACCOUNT

(INCLUDING TRANSFER OF FUNDS)

New commitments to issue guarantees to carry out the purposes

of section 306 of the National Housing Act, as amended (12 U.S.C.

PUBLIC LAW 107–73—NOV. 26, 2001 115 STAT. 671

1721(g)), shall not exceed $200,000,000,000, to remain available

until September 30, 2003.

For administrative expenses necessary to carry out the guaran- teed mortgage-backed securities program, $9,383,000, to be derived

from the GNMA guarantees of mortgage-backed securities guaranteed loan receipt account, of which not to exceed $9,383,000 shall

be transferred to the appropriation for ‘‘Salaries and expenses’’.

POLICY DEVELOPMENT AND RESEARCH

RESEARCH AND TECHNOLOGY

For contracts, grants, and necessary expenses of programs of

research and studies relating to housing and urban problems, not

otherwise provided for, as authorized by title V of the Housing

and Urban Development Act of 1970, as amended (12 U.S.C. 1701z– 1 et seq.), including carrying out the functions of the Secretary

under section 1(a)(1)(i) of Reorganization Plan No. 2 of 1968,

$50,250,000, to remain available until September 30, 2003: Provided, That $1,500,000 shall be for necessary expenses of the Millennial Housing Commission, as authorized by section 206 of Public

Law 106–74, with the final report due no later than May 30,

2002 and a termination date of August 30, 2002, notwithstanding

section 206(f) and (g) of Public Law 106–74: Provided further, That

$1,000,000 shall be for necessary expenses of the commission established under section 525 of the Preserving Affordable Housing for

Senior Citizens and Families in the 21st Century Act, with the

final report due no later than June 30, 2002 and a termination

date of September 30, 2002, notwithstanding section 525(f) and

(g) of Public Law 106–74: Provided further, That of the total amount

provided under this heading, $8,750,000 shall be for the Partnership

for Advancing Technology in Housing (PATH) Initiative.

FAIR HOUSING AND EQUAL OPPORTUNITY

FAIR HOUSING ACTIVITIES

For contracts, grants, and other assistance, not otherwise provided for, as authorized by title VIII of the Civil Rights Act of

1968, as amended by the Fair Housing Amendments Act of 1988,

and section 561 of the Housing and Community Development Act

of 1987, as amended, $45,899,000, to remain available until September 30, 2003, of which $20,250,000 shall be to carry out activities

pursuant to such section 561: Provided, That no funds made available under this heading shall be used to lobby the executive or

legislative branches of the Federal Government in connection with

a specific contract, grant or loan.

OFFICE OF LEAD HAZARD CONTROL

LEAD HAZARD REDUCTION

For the Lead Hazard Reduction Program, as authorized by

section 1011 of the Residential Lead-Based Paint Hazard Reduction

Act of 1992, $109,758,000 to remain available until September

30, 2003, of which $10,000,000 shall be for the Healthy Homes

Initiative, pursuant to sections 501 and 502 of the Housing and

Urban Development Act of 1970 that shall include research, studies,

testing, and demonstration efforts, including education and outreach

42 USC 12701

note.

Reports.

Deadlines.

Termination

dates.

42 USC 12701

note.

115 STAT. 672 PUBLIC LAW 107–73—NOV. 26, 2001

concerning lead-based paint poisoning and other housing-related

diseases and hazards: Provided, That of the amounts provided

under this heading, $3,500,000 shall be for a one-time grant to

the National Center for Lead-Safe Housing.

MANAGEMENT AND ADMINISTRATION

SALARIES AND EXPENSES

(INCLUDING TRANSFERS OF FUNDS)

For necessary administrative and non-administrative expenses

of the Department of Housing and Urban Development, not otherwise provided for, including not to exceed $25,000 for official reception and representation expenses, $1,097,292,000, of which

$530,457,000 shall be provided from the various funds of the Federal

Housing Administration, $9,383,000 shall be provided from funds

of the Government National Mortgage Association, $1,000,000 shall

be provided from the ‘‘Community development loan guarantees

program’’ account, $150,000 shall be provided by transfer from

the ‘‘Native American housing block grants’’ account, $200,000 shall

be provided by transfer from the ‘‘Indian housing loan guarantee

fund program’’ account and $35,000 shall be transferred from the

‘‘Native Hawaiian housing loan guarantee fund’’ account: Provided,

That no less than $85,000,000 shall be transferred to the Working

Capital Fund for the development and maintenance of information

technology systems: Provided further, That the Secretary shall fill

7 out of 10 vacancies at the GS–14 and GS–15 levels until the

total number of GS–14 and GS–15 positions in the Department

has been reduced from the number of GS–14 and GS–15 positions

on the date of enactment of Public Law 106–377 by 21⁄2 percent:

Provided further, That the Secretary shall submit a staffing plan

for the Department by January 15, 2002.

OFFICE OF INSPECTOR GENERAL

For necessary expenses of the Office of Inspector General in

carrying out the Inspector General Act of 1978, as amended,

$93,898,000, of which $22,343,000 shall be provided from the various funds of the Federal Housing Administration and $5,000,000

shall be provided from the appropriation for the ‘‘Public housing

operating fund’’: Provided, That the Inspector General shall have

independent authority over all personnel issues within the Office

of Inspector General.

CONSOLIDATED FEE FUND

(RESCISSION)

Of the balances remaining available from fees and charges

under section 7(j) of the Department of Housing and Urban Development Act, $6,700,000 is rescinded.

Deadline.

PUBLIC LAW 107–73—NOV. 26, 2001 115 STAT. 673

OFFICE OF FEDERAL HOUSING ENTERPRISE OVERSIGHT

SALARIES AND EXPENSES

(INCLUDING TRANSFER OF FUNDS)

For carrying out the Federal Housing Enterprises Financial Safety and Soundness Act of 1992, including not to exceed $500

for official reception and representation expenses, $27,000,000, to

remain available until expended, to be derived from the Federal

Housing Enterprises Oversight Fund: Provided, That not to exceed

such amount shall be available from the general fund of the

Treasury to the extent necessary to incur obligations and make

expenditures pending the receipt of collections to the Fund: Provided

further, That the general fund amount shall be reduced as collections are received during the fiscal year so as to result in a final

appropriation from the general fund estimated at not more than

$0: Provided further, That this Office shall submit a staffing plan

to the House and Senate Committees on Appropriations no later

than January 30, 2002.

ADMINISTRATIVE PROVISIONS

SEC. 201. Fifty percent of the amounts of budget authority,

or in lieu thereof 50 percent of the cash amounts associated with

such budget authority, that are recaptured from projects described

in section 1012(a) of the Stewart B. McKinney Homeless Assistance

Amendments Act of 1988 (42 U.S.C. 1437 note) shall be rescinded,

or in the case of cash, shall be remitted to the Treasury, and

such amounts of budget authority or cash recaptured and not

rescinded or remitted to the Treasury shall be used by State housing

finance agencies or local governments or local housing agencies

with projects approved by the Secretary of Housing and Urban

Development for which settlement occurred after January 1, 1992,

in accordance with such section. Notwithstanding the previous sentence, the Secretary may award up to 15 percent of the budget

authority or cash recaptured and not rescinded or remitted to

the Treasury to provide project owners with incentives to refinance

their project at a lower interest rate.

SEC. 202. None of the amounts made available under this

Act may be used during fiscal year 2002 to investigate or prosecute

under the Fair Housing Act any otherwise lawful activity engaged

in by one or more persons, including the filing or maintaining

of a non-frivolous legal action, that is engaged in solely for the

purpose of achieving or preventing action by a Government official

or entity, or a court of competent jurisdiction.

SEC. 203. (a) Notwithstanding section 854(c)(1)(A) of the AIDS

Housing Opportunity Act (42 U.S.C. 12903(c)(1)(A)), from any

amounts made available under this title for fiscal year 2002 that

are allocated under such section, the Secretary of Housing and

Urban Development shall allocate and make a grant, in the amount

determined under subsection (b), for any State that—

(1) received an allocation in a prior fiscal year under clause

(ii) of such section; and

(2) is not otherwise eligible for an allocation for fiscal

year 2002 under such clause (ii) because the areas in the

State outside of the metropolitan statistical areas that qualify

under clause (i) in fiscal year 2002 do not have the number

Grants.

AIDS.

Deadline.

115 STAT. 674 PUBLIC LAW 107–73—NOV. 26, 2001

of cases of acquired immunodeficiency syndrome (AIDS)

required under such clause.

(b) The amount of the allocation and grant for any State

described in subsection (a) shall be an amount based on the cumulative number of AIDS cases in the areas of that State that are

outside of metropolitan statistical areas that qualify under clause

(i) of such section 854(c)(1)(A) in fiscal year 2002, in proportion

to AIDS cases among cities and States that qualify under clauses

(i) and (ii) of such section and States deemed eligible under subsection (a).

SEC. 204. (a) Section 225(a) of the Departments of Veterans

Affairs and Housing and Urban Development, and Independent

Agencies Appropriations Act, 2000, Public Law 106–74 (113 Stat.

1076), is amended by inserting ‘‘and fiscal year 2002’’ after ‘‘fiscal

year 2001’’. (b) Notwithstanding any other provision of law, the Secretary

of Housing and Urban Development shall allocate to Wake County,

North Carolina, the amounts that otherwise would be allocated

for fiscal year 2002 under section 854(c) of the AIDS Housing

Opportunity Act (42 U.S.C. 12903(c)) to the City of Raleigh, North

Carolina, on behalf of the Raleigh-Durham-Chapel Hill, North Carolina Metropolitan Statistical Area. Any amounts allocated to Wake

County shall be used to carry out eligible activities under section

855 of such Act (42 U.S.C. 12904) within such metropolitan statistical area.

SEC. 205. Section 106(c)(9) of the Housing and Urban Development Act of 1968 (12 U.S.C. 1701x(c)(9)) is repealed.

SEC. 206. Section 251 of the National Housing Act (12 U.S.C.

1715z–16) is amended—

(1) in subsection (b), by striking ‘‘issue regulations’’ and

all that follows and inserting the following: ‘‘require that the

mortgagee make available to the mortgagor, at the time of

loan application, a written explanation of the features of an

adjustable rate mortgage consistent with the disclosure requirements applicable to variable rate mortgages secured by a principal dwelling under the Truth in Lending Act.’’; and

(2) by adding the following new subsection at the end:

‘‘(d)(1) The Secretary may insure under this subsection a mortgage that meets the requirements of subsection (a), except that

the effective rate of interest—

‘‘(A) shall be fixed for a period of not less than the first

3 years of the mortgage term;

‘‘(B) shall be adjusted by the mortgagee initially upon the

expiration of such period and annually thereafter; and

‘‘(C) in the case of the initial interest rate adjustment,

is subject to the 1 percent limitation only if the interest rate

remained fixed for five or fewer years.

‘‘(2) The disclosure required under subsection (b) shall be

required for a mortgage insured under this subsection.’’.

SEC. 207. (a) Section 203(c) of the National Housing Act (12

U.S.C. 1709(c)) is amended— (1) in paragraph (1), by striking ‘‘and (k)’’ and inserting

‘‘or (k)’’; and

(2) in paragraph (2)—

(A) by inserting after ‘‘subsection (v)’’ the following:

‘‘and each mortgage that is insured under subsection (k)

or section 234(c),’’; and

North Carolina.

PUBLIC LAW 107–73—NOV. 26, 2001 115 STAT. 675

(B) by striking ‘‘and executed on or after October 1,

1994,’’. (b) The amendments made by subsection (a) shall— (1) apply only to mortgages that are executed on or after

the date of enactment of this Act; and

(2) be implemented in advance of any necessary conforming

changes to regulations.

SEC. 208. (a) During fiscal year 2002, in the provision of rental

assistance under section 8(o) of the United States Housing Act

of 1937 (42 U.S.C. 1437f(o)) in connection with a program to demonstrate the economy and effectiveness of providing such assistance

for use in assisted living facilities that is carried out in the counties

of the State of Michigan specified in subsection (b) of this section,

notwithstanding paragraphs (3) and (18)(B)(iii) of such section 8(o),

a family residing in an assisted living facility in any such county,

on behalf of which a public housing agency provides assistance

pursuant to section 8(o)(18) of such Act, may be required, at the

time the family initially receives such assistance, to pay rent in

an amount exceeding 40 percent of the monthly adjusted income

of the family by such a percentage or amount as the Secretary

of Housing and Urban Development determines to be appropriate.

(b) The counties specified in this subsection are Oakland

County, Macomb County, Wayne County, and Washtenaw County,

in the State of Michigan.

SEC. 209. Section 533 of the National Housing Act (12 U.S.C.

1735f–11) is amended to read as follows:

‘‘SEC. 533. REVIEW OF MORTGAGEE PERFORMANCE AND

AUTHORITY TO TERMINATE.—

‘‘(a) PERIODIC REVIEW OF MORTGAGEE PERFORMANCE.—To

reduce losses in connection with single family mortgage insurance

programs under this Act, at least once a year the Secretary shall

review the rate of early defaults and claims for insured single

family mortgages originated or underwritten by each mortgagee.

‘‘(b) COMPARISON WITH OTHER MORTGAGEES.—For each mortgagee, the Secretary shall compare the rate of early defaults and

claims for insured single family mortgage loans originated or underwritten by the mortgagee in an area with the rate of early defaults

and claims for other mortgagees originating or underwriting insured

single family mortgage loans in the area. For purposes of this

section, the term ‘area’ means each geographic area in which the

mortgagee is authorized by the Secretary to originate insured single

family mortgages.

‘‘(c) TERMINATION OF MORTGAGEE ORIGINATION APPROVAL.—

(1) Notwithstanding section 202(c) of this Act, the Secretary may

terminate the approval of a mortgagee to originate or underwrite

single family mortgages if the Secretary determines that the mortgage loans originated or underwritten by the mortgagee present

an unacceptable risk to the insurance funds. The determination

shall be based on the comparison required under subsection (b)

and shall be made in accordance with regulations of the Secretary.

The Secretary may rely on existing regulations published before

this section takes effect.

‘‘(2) The Secretary shall give a mortgagee at least 60 days

prior written notice of any termination under this subsection. The

termination shall take effect at the end of the notice period, unless

the Secretary withdraws the termination notice or extends the

notice period. If requested in writing by the mortgagee within

Notice.

Applicability.

12 USC 1709

note.

115 STAT. 676 PUBLIC LAW 107–73—NOV. 26, 2001

30 days of the date of the notice, the mortgagee shall be entitled

to an informal conference with the official authorized to issue termination notices on behalf of the Secretary (or a designee of that

official). At the informal conference, the mortgagee may present

for consideration specific factors that it believes were beyond its

control and that caused the excessive default and claim rate.’’.

SEC. 210. Except as explicitly provided in law, any grant or

assistance made pursuant to title II of this Act shall be made

on a competitive basis in accordance with section 102 of the Department of Housing and Urban Development Reform Act of 1989.

SEC. 211. Public housing agencies in the States of Alaska,

Iowa, and Mississippi shall not be required to comply with section

2(b) of the United States Housing Act of 1937, as amended, during

fiscal year 2002.

SEC. 212. Notwithstanding any other provision of law, in fiscal

year 2002, in managing and disposing of any multifamily property

that is owned or held by the Secretary and is occupied primarily

by elderly or disabled families, the Secretary of Housing and Urban

Development shall maintain any rental assistance payments under

section 8 of the United States Housing Act of 1937 that are attached

to any dwelling units in the property. To the extent the Secretary

determines that such a multifamily property owned or held by

the Secretary is not feasible for continued rental assistance payments under such section 8, the Secretary may, in consultation

with the tenants of that property, contract for project-based rental

assistance payments with an owner or owners of other existing

housing properties or provide other rental assistance.

SEC. 213. (a) SECTION 207 LIMITS.—Section 207(c)(3) of the

National Housing Act (12 U.S.C. 1713(c)(3)) is amended—

(1) by striking ‘‘$30,420’’, ‘‘$33,696’’, ‘‘$40,248’’, ‘‘$49,608’’,

and ‘‘$56,160’’ and inserting ‘‘$38,025’’, ‘‘$42,120’’, ‘‘$50,310’’,

‘‘$62,010’’, and ‘‘$70,200’’, respectively;

(2) by striking ‘‘$9,000’’ and inserting ‘‘$11,250’’; and

(3) by striking ‘‘$35,100’’, ‘‘$39,312’’, ‘‘$48,204’’, ‘‘$60,372’’,

and ‘‘$68,262’’ and inserting ‘‘$43,875’’, ‘‘$49,140’’, ‘‘$60,255’’, ‘‘$75,465’’, and ‘‘$85,328’’, respectively.

(b) SECTION 213 LIMITS.—Section 213(b)(2) of the National

Housing Act (12 U.S.C. 1715e(b)(2)) is amended—

(1) by striking ‘‘$30,420’’, ‘‘$33,696’’, ‘‘$40,248’’, ‘‘$49,608’’,

and ‘‘$56,160’’ and inserting ‘‘$38,025’’, ‘‘$42,120’’, ‘‘$50,310’’,

‘‘$62,010’’, and ‘‘$70,200’’, respectively; and

(2) by striking ‘‘$35,100’’, ‘‘$39,312’’, ‘‘$48,204’’, ‘‘$60,372’’,

and ‘‘$68,262’’ and inserting ‘‘$43,875’’, ‘‘$49,140’’, ‘‘$60,255’’,

‘‘$75,465’’, and ‘‘$85,328’’, respectively.

(c) SECTION 220 LIMITS.—Section 220(d)(3)(B)(iii) of the

National Housing Act (12 U.S.C. 1715k(d)(3)(B)(iii)) is amended—

(1) by striking ‘‘$30,420’’, ‘‘$33,696’’, ‘‘$40,248’’, ‘‘$49,608’’,

and ‘‘$56,160’’ and inserting ‘‘$38,025’’, ‘‘$42,120’’, ‘‘$50,310’’,

‘‘$62,010’’, and ‘‘$70,200’’, respectively; and

(2) by striking ‘‘$35,100’’, ‘‘$39,312’’, ‘‘$48,204’’, ‘‘$60,372’’,

and ‘‘$68,262’’ and inserting ‘‘$43,875’’, ‘‘$49,140’’, ‘‘$60,255’’, ‘‘$75,465’’, and ‘‘$85,328’’, respectively.

(d) SECTION 221(d)(3) LIMITS.—Section 221(d)(3)(ii) of the

National Housing Act (12 U.S.C. 1715l(d)(3)(ii)) is amended—

(1) by striking ‘‘$33,638’’, ‘‘$38,785’’, ‘‘$46,775’’, ‘‘$59,872’’,

and ‘‘$66,700’’ and inserting ‘‘$42,048’’, ‘‘$48,481’’, ‘‘58,469’’,

‘‘$74,840’’, and ‘‘$83,375’’, respectively; and

PUBLIC LAW 107–73—NOV. 26, 2001 115 STAT. 677

(2) by striking ‘‘$35,400’’, ‘‘$40,579’’, ‘‘$49,344’’, ‘‘$63,834’’,

and ‘‘$70,070’’ and inserting ‘‘$44,250’’, ‘‘$50,724’’, ‘‘$61,680’’,

‘‘$79,793’’, and ‘‘$87,588’’, respectively.

(e) SECTION 221(d)(4) LIMITS.—Section 221(d)(4)(ii) of the

National Housing Act (12 U.S.C. 1715l(d)(4)(ii)) is amended—

(1) by striking ‘‘$30,274’’, ‘‘$34,363’’, ‘‘$41,536’’, ‘‘$52,135’’,

and ‘‘$59,077’’ and inserting ‘‘$37,843’’, ‘‘$42,954’’, ‘‘$51,920’’,

‘‘$65,169’’, and ‘‘$73,846’’, respectively; and

(2) by striking ‘‘$32,701’’, ‘‘$37,487’’, ‘‘$45,583’’, ‘‘$58,968’’,

and ‘‘$64,730’’ and inserting ‘‘$40,876’’, ‘‘$46,859’’, ‘‘$56,979’’,

‘‘$73,710’’, and ‘‘$80,913’’, respectively.

(f) SECTION 231 LIMITS.—Section 231(c)(2) of the National

Housing Act (12 U.S.C. 1715v(c)(2)) is amended—

(1) by striking ‘‘$28,782’’, ‘‘$32,176’’, ‘‘$38,423’’, ‘‘$46,238’’,

and ‘‘$54,360’’ and inserting ‘‘$35,978’’, ‘‘$40,220’’, ‘‘$48,029’’,

‘‘$57,798’’, ‘‘$67,950’’, respectively; and

(2) by striking ‘‘$32,701’’, ‘‘$37,487’’, ‘‘$45,583’’, ‘‘$58,968’’,

and ‘‘$64,730’’ and inserting ‘‘$40,876’’, ‘‘$46,859’’, ‘‘$56,979’’,

‘‘$73,710’’, and ‘‘$80,913’’, respectively.

(g) SECTION 234 LIMITS.—Section 234(e)(3) of the National

Housing Act (12 U.S.C. 1715y(e)(3)) is amended—

(1) by striking ‘‘$30,420’’, ‘‘$33,696’’, ‘‘$40,248’’, ‘‘$49,608’’,

and ‘‘$56,160’’ and inserting ‘‘$38,025’’, ‘‘$42,120’’, ‘‘$50,310’’,

‘‘$62,010’’, and ‘‘$70,200’’, respectively; and

(2) by striking ‘‘$35,100’’, ‘‘$39,312’’, ‘‘$48,204’’, ‘‘$60,372’’,

and ‘‘$68,262’’ and inserting ‘‘$43,875’’, ‘‘$49,140’’, ‘‘$60,255’’,

‘‘$75,465’’, and ‘‘$85,328’’, respectively.

SEC. 214. Of the amounts appropriated in the Consolidated

Appropriations Act, 2001 (Public Law 106–554), for the operation

of an historical archive at the University of South Carolina, Department of Archives, South Carolina, such funds shall be available

to the University of South Carolina to fund an endowment for

the operation of an historical archive at the University of South

Carolina, without fiscal year limitation.

SEC. 215. Section 247 of the National Housing Act (12 U.S.C.

1715z–12) is amended—

(1) in subsection (d), by striking paragraphs (1) and (2)

and inserting the following:

‘‘(1) NATIVE HAWAIIAN.—The term ‘native Hawaiian’ means

any descendant of not less than one-half part of the blood

of the races inhabiting the Hawaiian Islands before January

1, 1778, or, in the case of an individual who is awarded an

interest in a lease of Hawaiian home lands through transfer

or succession, such lower percentage as may be established

for such transfer or succession under section 208 or 209 of

the Hawaiian Homes Commission Act of 1920 (42 Stat. 111),

or under the corresponding provision of the Constitution of

the State of Hawaii adopted under section 4 of the Act entitled

‘An Act to provide for the admission of the State of Hawaii

into the Union’, approved March 18, 1959 (73 Stat. 5).

‘‘(2) HAWAIIAN HOME LANDS.—The term ‘Hawaiian home

lands’ means all lands given the status of Hawaiian home

lands under section 204 of the Hawaiian Homes Commission

Act of 1920 (42 Stat. 110), or under the corresponding provision

of the Constitution of the State of Hawaii adopted under section

4 of the Act entitled ‘An Act to provide for the admission

115 STAT. 678 PUBLIC LAW 107–73—NOV. 26, 2001

of the State of Hawaii into the Union’, approved March 18,

1959 (73 Stat. 5).’’; and

(2) by adding at the end the following: ‘‘(e) CERTIFICATION OF ELIGIBILITY FOR EXISTING LESSEES.— Possession of a lease of Hawaiian home lands issued under section

207(a) of the Hawaiian Homes Commission Act of 1920 (42 Stat.

110), shall be sufficient to certify eligibility to receive a mortgage

under this section.’’. SEC. 216. Notwithstanding the requirement regarding commitment of funds in the first sentence of section 288(b) of the HOME

Investment Partnerships Act (42 U.S.C. 12838(b)), the Secretary

of Housing and Urban Development (in this section referred to

as the ‘‘Secretary’’) shall approve the release of funds under that

section to the Arkansas Development Finance Authority (in this

section referred to as the ‘‘ADFA’’) for projects, if— (1) funds were committed to those projects on or before

June 12, 2001;

(2) those projects had not been completed as of June 12,

2001;

(3) the ADFA has fully carried out its responsibilities as

described in section 288(a); and

(4) the Secretary has approved the certification that meets

the requirements of section 288(c) with respect to those projects.

SEC. 217. Notwithstanding any other provision of law with

respect to this or any other fiscal year, the Housing Authority

of Baltimore City may use the remaining balance of the grant

award of $20,000,000 made to such authority for development efforts

at Hollander Ridge in Baltimore, Maryland with funds appropriated

for fiscal year 1996 under the heading ‘‘Public Housing Demolition,

Site Revitalization, and Replacement Housing Grants’’ for the

rehabilitation of the Claremont Homes project and for the provision

of affordable housing in areas within the City of Baltimore either:

(1) designated by the partial consent decree in Thompson v. HUD

as nonimpacted census tracts; or (2) designated by said authority

as either strong neighborhoods experiencing private investment

or dynamic growth areas where public and/or private commercial

or residential investment is occurring.

TITLE III—INDEPENDENT AGENCIES

AMERICAN BATTLE MONUMENTS COMMISSION

SALARIES AND EXPENSES

For necessary expenses, not otherwise provided for, of the

American Battle Monuments Commission, including the acquisition

of land or interest in land in foreign countries; purchases and

repair of uniforms for caretakers of national cemeteries and monuments outside of the United States and its territories and possessions; rent of office and garage space in foreign countries; purchase

(one for replacement only) and hire of passenger motor vehicles;

and insurance of official motor vehicles in foreign countries, when

required by law of such countries, $30,466,000, to remain available

until expended.

In addition, for the partial cost of construction of a new

interpretive and visitor center at the American Cemetery in Normandy, France, $5,000,000, to remain available until expended:

Provided, That the Commission shall ensure that the placement,

PUBLIC LAW 107–73—NOV. 26, 2001 115 STAT. 679

scope and character of this new center protect the solemnity of

the site and the sensitivity of interested parties including families

of servicemen interred at the cemetery, the host country and Allied

forces who participated in the invasion and ensuing battle: Provided

further, That not more than $1,000,000 shall be for non-construction

related costs including initial consultations with interested parties

and the conceptual study and design of the new center.

CHEMICAL SAFETY AND HAZARD INVESTIGATION BOARD

SALARIES AND EXPENSES

For necessary expenses in carrying out activities pursuant to

section 112(r)(6) of the Clean Air Act, as amended, including hire

of passenger vehicles, uniforms or allowances therefor, as authorized

by 5 U.S.C. 5901–5902, and for services authorized by 5 U.S.C.

3109, but at rates for individuals not to exceed the per diem

equivalent to the maximum rate payable for senior level positions

under 5 U.S.C. 5376, $7,850,000, $5,350,000 of which to remain

available until September 30, 2002 and $2,500,000 of which to

remain available until September 30, 2003: Provided, That the

Chemical Safety and Hazard Investigation Board shall have not

more than three career Senior Executive Service positions: Provided

further, That, hereafter, there shall be an Inspector General at

the Board who shall have the duties, responsibilities, and authorities specified in the Inspector General Act of 1978, as amended:

Provided further, That an individual appointed to the position of

Inspector General of the Federal Emergency Management Agency

(FEMA) shall, by virtue of such appointment, also hold the position

of Inspector General of the Board: Provided further, That the

Inspector General of the Board shall utilize personnel of the Office

of Inspector General of FEMA in performing the duties of the

Inspector General of the Board, and shall not appoint any individuals to positions within the Board.

DEPARTMENT OF THE TREASURY

COMMUNITY DEVELOPMENT FINANCIAL INSTITUTIONS

COMMUNITY DEVELOPMENT FINANCIAL INSTITUTIONS

FUND PROGRAM ACCOUNT

To carry out the Community Development Banking and Financial Institutions Act of 1994, including services authorized by 5

U.S.C. 3109, but at rates for individuals not to exceed the per

diem rate equivalent to the rate for ES–3, $80,000,000, to remain

available until September 30, 2003, of which $5,000,000 shall be

for technical assistance and training programs designed to benefit

Native American, Native Hawaiian, and Alaskan Native communities, and up to $9,500,000 may be used for administrative

expenses, including administration of the New Markets Tax Credit,

up to $6,000,000 may be used for the cost of direct loans, and

up to $1,000,000 may be used for administrative expenses to carry

out the direct loan program: Provided, That the cost of direct

loans, including the cost of modifying such loans, shall be as defined

in section 502 of the Congressional Budget Act of 1974, as amended:

Provided further, That these funds are available to subsidize gross

Government

organization.

5 USC app. note.

115 STAT. 680 PUBLIC LAW 107–73—NOV. 26, 2001

obligations for the principal amount of direct loans not to exceed

$51,800,000.

CONSUMER PRODUCT SAFETY COMMISSION

SALARIES AND EXPENSES

For necessary expenses of the Consumer Product Safety

Commission, including hire of passenger motor vehicles, services

as authorized by 5 U.S.C. 3109, but at rates for individuals not

to exceed the per diem rate equivalent to the maximum rate payable

under 5 U.S.C. 5376, purchase of nominal awards to recognize

non-Federal officials’ contributions to Commission activities, and

not to exceed $500 for official reception and representation expenses,

$55,200,000.

CORPORATION FOR NATIONAL AND COMMUNITY SERVICE

NATIONAL AND COMMUNITY SERVICE PROGRAMS

OPERATING EXPENSES

For necessary expenses for the Corporation for National and

Community Service (the ‘‘Corporation’’) in carrying out programs,

activities, and initiatives under the National and Community

Service Act of 1990 (the ‘‘Act’’) (42 U.S.C. 12501 et seq.),

$401,980,000, to remain available until September 30, 2003: Provided, That not more than $31,000,000 shall be available for

administrative expenses authorized under section 501(a)(4) of the

Act (42 U.S.C. 12671(a)(4)) with not less than $2,000,000 targeted

for the acquisition of a cost accounting system for the Corporation’s

financial management system, an integrated grants management

system that provides comprehensive financial management information for all Corporation grants and cooperative agreements, and

the establishment, operation, and maintenance of a central archives

serving as the repository for all grant, cooperative agreement, and

related documents, without regard to the provisions of section

501(a)(4)(B) of the Act: Provided further, That not more than $2,500

shall be for official reception and representation expenses: Provided

further, That of amounts previously transferred to the National

Service Trust, $5,000,000 shall be available for national service

scholarships for high school students performing community service:

Provided further, That not more than $240,492,000 of the amount

provided under this heading shall be available for grants under

the National Service Trust program authorized under subtitle C

of title I of the Act (42 U.S.C. 12571 et seq.) (relating to activities

including the AmeriCorps program), of which not more than

$47,000,000 may be used to administer, reimburse, or support any

national service program authorized under section 121(d)(2) of such

Act (42 U.S.C. 12581(d)(2)); not more than $25,000,000 shall be

made available to activities dedicated to developing computer and

information technology skills for students and teachers in lowincome communities: Provided further, That not more than

$10,000,000 of the funds made available under this heading shall

be made available for the Points of Light Foundation for activities

authorized under title III of the Act (42 U.S.C. 12661 et seq.),

of which not more than $2,500,000 may be used to establish or

support an endowment fund, the corpus of which shall remain

PUBLIC LAW 107–73—NOV. 26, 2001 115 STAT. 681

intact and the interest income from which shall be used to support

activities described in title III of the Act, provided that the Foundation may invest the corpus and income in federally insured bank

savings accounts or comparable interest bearing accounts, certificates of deposit, money market funds, mutual funds, obligations

of the United States, and other market instruments and securities

but not in real estate investments: Provided further, That notwithstanding any other law $2,500,000 of the funds made available

by the Corporation to the Foundation under Public Law 106–377

may be used in the manner described in the preceding proviso:

Provided further, That no funds shall be available for national

service programs run by Federal agencies authorized under section

121(b) of such Act (42 U.S.C. 12571(b)): Provided further, That

to the maximum extent feasible, funds appropriated under subtitle

C of title I of the Act shall be provided in a manner that is

consistent with the recommendations of peer review panels in order

to ensure that priority is given to programs that demonstrate

quality, innovation, replicability, and sustainability: Provided further, That not more than $25,000,000 of the funds made available

under this heading shall be available for the Civilian Community

Corps authorized under subtitle E of title I of the Act (42 U.S.C.

12611 et seq.): Provided further, That not more than $43,000,000

shall be available for school-based and community-based servicelearning programs authorized under subtitle B of title I of the

Act (42 U.S.C. 12521 et seq.): Provided further, That not more

than $28,488,000 shall be available for quality and innovation

activities authorized under subtitle H of title I of the Act (42

U.S.C. 12853 et seq.): Provided further, That not more than

$5,000,000 shall be available for audits and other evaluations

authorized under section 179 of the Act (42 U.S.C. 12639): Provided

further, That to the maximum extent practicable, the Corporation

shall increase significantly the level of matching funds and inkind contributions provided by the private sector, and shall reduce

the total Federal costs per participant in all programs: Provided

further, That not more than $7,500,000 of the funds made available

under this heading shall be made available to America’s Promise—

The Alliance for Youth, Inc. only to support efforts to mobilize

individuals, groups, and organizations to build and strengthen the

character and competence of the Nation’s youth: Provided further,

That not more than $5,000,000 of the funds made available under

this heading shall be made available to the Communities In Schools,

Inc. to support dropout prevention activities: Provided further, That

not more than $2,500,000 of the funds made available under this

heading shall be made available to the YMCA of the USA to

support school-based programs designed to strengthen collaborations and linkages between public schools and communities: Provided further, That not more than $1,000,000 of the funds made

available under this heading shall be made available to Teach

For America: Provided further, That not more than $1,500,000

of the funds made available under this heading shall be made

available to Parents As Teachers National Center, Inc. to support

literacy activities: Provided further, That not more than $1,500,000

of the funds made available under this heading shall be made

available to the Youth Life Foundation to meet the needs of children

living in insecure environments.

115 STAT. 682 PUBLIC LAW 107–73—NOV. 26, 2001

OFFICE OF INSPECTOR GENERAL

For necessary expenses of the Office of Inspector General in

carrying out the Inspector General Act of 1978, as amended,

$5,000,000, to remain available until September 30, 2003.

UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS

SALARIES AND EXPENSES

For necessary expenses for the operation of the United States

Court of Appeals for Veterans Claims as authorized by 38 U.S.C.

7251–7298, $13,221,000, of which $895,000 shall be available for

the purpose of providing financial assistance as described, and

in accordance with the process and reporting procedures set forth,

under this heading in Public Law 102–229.

DEPARTMENT OF DEFENSE—CIVIL

CEMETERIAL EXPENSES, ARMY

SALARIES AND EXPENSES

For necessary expenses, as authorized by law, for maintenance,

operation, and improvement of Arlington National Cemetery and

Soldiers’ and Airmen’s Home National Cemetery, including the

purchase of two passenger motor vehicles for replacement only,

and not to exceed $1,000 for official reception and representation

expenses, $22,537,000, to remain available until expended.

DEPARTMENT OF HEALTH AND HUMAN SERVICES

NATIONAL INSTITUTES OF HEALTH

NATIONAL INSTITUTE OF ENVIRONMENTAL HEALTH SCIENCES

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

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

AGENCY FOR TOXIC SUBSTANCES AND DISEASE REGISTRY

TOXIC SUBSTANCES AND ENVIRONMENTAL PUBLIC HEALTH

For necessary expenses for the Agency for Toxic Substances

and Disease Registry (ATSDR) in carrying out activities set forth

in sections 104(i), 111(c)(4), and 111(c)(14) of the Comprehensive

Environmental Response, Compensation, and Liability Act of 1980

(CERCLA), as amended; section 118(f) of the Superfund Amendments and Reauthorization Act of 1986 (SARA), as amended; and

section 3019 of the Solid Waste Disposal Act, as amended,

$78,235,000, to be derived from the Hazardous Substance Superfund

Trust Fund pursuant to section 517(a) of SARA (26 U.S.C. 9507):

Provided, That notwithstanding any other provision of law, in lieu

of performing a health assessment under section 104(i)(6) of

CERCLA, the Administrator of ATSDR may conduct other appropriate health studies, evaluations, or activities, including, without

PUBLIC LAW 107–73—NOV. 26, 2001 115 STAT. 683

limitation, biomedical testing, clinical evaluations, medical monitoring, and referral to accredited health care providers: Provided

further, That in performing any such health assessment or health

study, evaluation, or activity, the Administrator of ATSDR shall

not be bound by the deadlines in section 104(i)(6)(A) of CERCLA:

Provided further, That none of the funds appropriated under this

heading shall be available for ATSDR to issue in excess of 40

toxicological profiles pursuant to section 104(i) of CERCLA during

fiscal year 2002, and existing profiles may be updated as necessary.

ENVIRONMENTAL PROTECTION AGENCY

SCIENCE AND TECHNOLOGY

For science and technology, including research and development

activities, which shall include research and development activities

under the Comprehensive Environmental Response, Compensation,

and Liability Act of 1980, as amended; necessary expenses for

personnel and related costs and travel expenses, including uniforms,

or allowances therefor, as authorized by 5 U.S.C. 5901–5902; services as authorized by 5 U.S.C. 3109, but at rates for individuals

not to exceed the per diem rate equivalent to the maximum rate

payable for senior level positions under 5 U.S.C. 5376; procurement

of laboratory equipment and supplies; other operating expenses

in support of research and development; construction, alteration,

repair, rehabilitation, and renovation of facilities, not to exceed

$75,000 per project, $698,089,000, which shall remain available

until September 30, 2003.

ENVIRONMENTAL PROGRAMS AND MANAGEMENT

For environmental programs and management, including necessary expenses, not otherwise provided for, for personnel and

related costs and travel expenses, including uniforms, or allowances

therefor, as authorized by 5 U.S.C. 5901–5902; services as authorized by 5 U.S.C. 3109, but at rates for individuals not to exceed

the per diem rate equivalent to the maximum rate payable for

senior level positions under 5 U.S.C. 5376; hire of passenger motor

vehicles; hire, maintenance, and operation of aircraft; purchase

of reprints; library memberships in societies or associations which

issue publications to members only or at a price to members lower

than to subscribers who are not members; construction, alteration,

repair, rehabilitation, and renovation of facilities, not to exceed

$75,000 per project; and not to exceed $6,000 for official reception

and representation expenses, $2,054,511,000, which shall remain

available until September 30, 2003.

OFFICE OF INSPECTOR GENERAL

For necessary expenses of the Office of Inspector General in

carrying out the provisions of the Inspector General Act of 1978,

as amended, and for construction, alteration, repair, rehabilitation,

and renovation of facilities, not to exceed $75,000 per project,

$34,019,000, to remain available until September 30, 2003.

BUILDINGS AND FACILITIES

For construction, repair, improvement, extension, alteration,

and purchase of fixed equipment or facilities of, or for use by,

115 STAT. 684 PUBLIC LAW 107–73—NOV. 26, 2001

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

HAZARDOUS SUBSTANCE SUPERFUND

(INCLUDING TRANSFERS OF FUNDS)

For necessary expenses to carry out the Comprehensive

Environmental Response, Compensation, and Liability Act of 1980

(CERCLA), as amended, including sections 111(c)(3), (c)(5), (c)(6),

and (e)(4) (42 U.S.C. 9611), and for construction, alteration, repair,

rehabilitation, and renovation of facilities, not to exceed $75,000

per project; $1,270,000,000 (of which $100,000,000 shall not become

available until September 1, 2002) to remain available until

expended, consisting of $635,000,000, as authorized by section

517(a) of the Superfund Amendments and Reauthorization Act of

1986 (SARA), as amended by Public Law 101–508, and $635,000,000

as a payment from general revenues to the Hazardous Substance

Superfund for purposes as authorized by section 517(b) of SARA,

as amended: Provided, That funds appropriated under this heading

may be allocated to other Federal agencies in accordance with

section 111(a) of CERCLA: Provided further, That of the funds

appropriated under this heading, $11,867,000 shall be transferred

to the ‘‘Office of Inspector General’’ appropriation to remain available until September 30, 2003, and $36,891,000 shall be transferred

to the ‘‘Science and technology’’ appropriation to remain available

until September 30, 2003.

LEAKING UNDERGROUND STORAGE TANK PROGRAM

For necessary expenses to carry out leaking underground storage tank cleanup activities authorized by section 205 of the Superfund Amendments and Reauthorization Act of 1986, and for

construction, alteration, repair, rehabilitation, and renovation of

facilities, not to exceed $75,000 per project, $73,000,000, to remain

available until expended.

OIL SPILL RESPONSE

For expenses necessary to carry out the Environmental Protection Agency’s responsibilities under the Oil Pollution Act of 1990,

$15,000,000, to be derived from the Oil Spill Liability trust fund,

to remain available until expended.

STATE AND TRIBAL ASSISTANCE GRANTS

For environmental programs and infrastructure assistance,

including capitalization grants for State revolving funds and

performance partnership grants, $3,733,276,000, to remain available until expended, of which $1,350,000,000 shall be for making

capitalization grants for the Clean Water State Revolving Funds

under title VI of the Federal Water Pollution Control Act, as

amended (the ‘‘Act’’); $850,000,000 shall be for capitalization grants

for the Drinking Water State Revolving Funds under section 1452

of the Safe Drinking Water Act, as amended, except that, notwithstanding section 1452(n) of the Safe Drinking Water Act, as

amended, none of the funds made available under this heading

in this Act, or in previous appropriations Acts, shall be reserved

by the Administrator for health effects studies on drinking water

PUBLIC LAW 107–73—NOV. 26, 2001 115 STAT. 685

contaminants; $75,000,000 shall be for architectural, engineering,

planning, design, construction and related activities in connection

with the construction of high priority water and wastewater facilities in the area of the United States-Mexico Border, after consultation with the appropriate border commission; $40,000,000 shall

be for grants to the State of Alaska to address drinking water

and wastewater infrastructure needs of rural and Alaska Native

Villages; $343,900,000, in addition to $124,725 previously appropriated under this heading in Public Law 106–377 and $498,900

previously appropriated under this heading in Public Law 106–

554, shall be for making grants for the construction of wastewater

and water treatment facilities and groundwater protection infrastructure in accordance with the terms and conditions specified

for such grants in the statement of the managers accompanying

this Act; and $1,074,376,000 shall be for grants, including associated

program support costs, to States, federally recognized tribes, interstate agencies, tribal consortia, and air pollution control agencies

for multi-media or single media pollution prevention, control and

abatement and related activities, including activities pursuant to

the provisions set forth under this heading in Public Law 104–

134, and for making grants under section 103 of the Clean Air

Act for particulate matter monitoring and data collection activities

of which and subject to terms and conditions specified by the

Administrator, $25,000,000 shall be for Environmental Information

Exchange Network grants, including associated program support

costs: Provided, That for fiscal year 2002, State authority under

section 302(a) of Public Law 104–182 shall remain in effect: Provided further, That notwithstanding section 603(d)(7) of the Act,

the limitation on the amounts in a State water pollution control

revolving fund that may be used by a State to administer the

fund shall not apply to amounts included as principal in loans

made by such fund in fiscal year 2002 and prior years where

such amounts represent costs of administering the fund to the

extent that such amounts are or were deemed reasonable by the

Administrator, accounted for separately from other assets in the

fund, and used for eligible purposes of the fund, including administration: Provided further, That for fiscal year 2002, and notwithstanding section 518(f) of the Federal Water Pollution Control Act,

as amended, the Administrator is authorized to use the amounts

appropriated for any fiscal year under section 319 of that Act

to make grants to Indian tribes pursuant to section 319(h) and

518(e) of that Act: Provided further, That for fiscal year 2002,

notwithstanding the limitation on amounts in section 518(c) of

the Act, up to a total of 11⁄2 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 StatesMexico border shall be made available to a county or municipal

government unless that government has established an enforceable

local ordinance, or other zoning rule, which prevents in that jurisdiction the development or construction of any additional colonia areas,

or the development within an existing colonia the construction

of any new home, business, or other structure which lacks water,

wastewater, or other necessary infrastructure.

33 USC 1377

note.

42 USC 300j-12

note.

115 STAT. 686 PUBLIC LAW 107–73—NOV. 26, 2001

ADMINISTRATIVE PROVISIONS

For fiscal year 2002, notwithstanding 31 U.S.C. 6303(1) and

6305(1), the Administrator of the Environmental Protection Agency,

in carrying out the Agency’s function to implement directly Federal

environmental programs required or authorized by law in the

absence of an acceptable tribal program, may award cooperative

agreements to federally-recognized Indian Tribes or Intertribal consortia, if authorized by their member Tribes, to assist the Administrator in implementing Federal environmental programs for Indian

Tribes required or authorized by law, except that no such cooperative agreements may be awarded from funds designated for State

financial assistance agreements.

Section 136a–1 of title 7, U.S.C. is amended— (1) in subsection (i)(5)(C)(i) by striking ‘‘$14,000,000’’ and

inserting ‘‘$17,000,000’’; and, by striking ‘‘each’’ and inserting ‘‘2002’’ after ‘‘fiscal year’’;

(2) in subsection (i)(5)(H) by striking ‘‘2001’’ and inserting ‘‘2002’’;

(3) in subsection (i)(6) by striking ‘‘2001’’ and inserting ‘‘2002’’; and

(4) in subsection (k)(3)(A) by striking ‘‘2001’’ and inserting ‘‘2002’’; and, by striking ‘‘1⁄7’’ and inserting ‘‘1⁄10’’.

EXECUTIVE OFFICE OF THE PRESIDENT

OFFICE OF SCIENCE AND TECHNOLOGY POLICY

For necessary expenses of the Office of Science and Technology

Policy, in carrying out the purposes of the National Science and

Technology Policy, Organization, and Priorities Act of 1976 (42

U.S.C. 6601 and 6671), hire of passenger motor vehicles, and services as authorized by 5 U.S.C. 3109, not to exceed $2,500 for

official reception and representation expenses, and rental of conference rooms in the District of Columbia, $5,267,000.

COUNCIL ON ENVIRONMENTAL QUALITY AND OFFICE OF

ENVIRONMENTAL QUALITY

For necessary expenses to continue functions assigned to the

Council on Environmental Quality and Office of Environmental

Quality pursuant to the National Environmental Policy Act of 1969,

the Environmental Quality Improvement Act of 1970, and Reorganization Plan No. 1 of 1977, and not to exceed $750 for official

reception and representation expenses, $2,974,000: Provided, That

notwithstanding section 202 of the National Environmental Policy

Act of 1970, the Council shall consist of one member, appointed

by the President, by and with the advice and consent of the Senate,

serving as chairman and exercising all powers, functions, and duties

of the Council.

FEDERAL DEPOSIT INSURANCE CORPORATION

OFFICE OF INSPECTOR GENERAL

For necessary expenses of the Office of Inspector General in

carrying out the provisions of the Inspector General Act of 1978,

as amended, $33,660,000, to be derived from the Bank Insurance

42 USC 4342

note.

PUBLIC LAW 107–73—NOV. 26, 2001 115 STAT. 687

Fund, the Savings Association Insurance Fund, and the FSLIC

Resolution Fund.

FEDERAL EMERGENCY MANAGEMENT AGENCY

DISASTER RELIEF

(INCLUDING TRANSFERS OF FUNDS)

For necessary expenses in carrying out the Robert T. Stafford

Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121

et seq.), $664,000,000, and, notwithstanding 42 U.S.C. 5203, to

remain available until expended, of which not to exceed $2,900,000

may be transferred to ‘‘Emergency management planning and

assistance’’ for the consolidated emergency management perform- ance grant program; $25,000,000 shall be transferred to the Flood

Map Modernization Fund; $25,000,000 shall be transferred to

‘‘Emergency management planning and assistance’’, for pre-disaster mitigation activities; and $21,577,000 may be used by the Office

of Inspector General for audits and investigations.

In addition, for the purposes under this heading, $1,500,000,000, to remain available until expended: Provided, That

such amount is designated by the Congress as an emergency

requirement pursuant to section 251(b)(2)(A) of the Balanced Budget

and Emergency Deficit Control Act of 1985, as amended: Provided

further, That such amount shall be available only to the extent

that an official budget request, that includes designation of the

entire amount of the request as an emergency requirement as

defined in the Balanced Budget and Emergency Deficit Control

Act of 1985, as amended, is transmitted by the President to the

Congress.

DISASTER ASSISTANCE DIRECT LOAN PROGRAM ACCOUNT

For the cost of direct loans, $405,000 as authorized by section

319 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act: Provided, That such costs, including the cost of modifying

such loans, shall be as defined in section 502 of the Congressional

Budget Act of 1974, as amended: Provided further, That these

funds are available to subsidize gross obligations for the principal

amount of direct loans not to exceed $25,000,000.

In addition, for administrative expenses to carry out the direct loan program, $543,000.

SALARIES AND EXPENSES

For necessary expenses, not otherwise provided for, including

hire and purchase of motor vehicles as authorized by 31 U.S.C.

1343; uniforms, or allowances therefor, as authorized by 5 U.S.C.

5901–5902; services as authorized by 5 U.S.C. 3109, but at rates

for individuals not to exceed the per diem rate equivalent to the

maximum rate payable for senior level positions under 5 U.S.C.

5376; expenses of attendance of cooperating officials and individuals

at meetings concerned with the work of emergency preparedness;

transportation in connection with the continuity of Government

programs to the same extent and in the same manner as permitted

the Secretary of a Military Department under 10 U.S.C. 2632;

and not to exceed $2,500 for official reception and representation

expenses, $233,801,000.

115 STAT. 688 PUBLIC LAW 107–73—NOV. 26, 2001

OFFICE OF INSPECTOR GENERAL

For necessary expenses of the Office of Inspector General in

carrying out the Inspector General Act of 1978, as amended,

$10,303,000: Provided, That notwithstanding any other provision

of law, the Inspector General of the Federal Emergency Management Agency shall also serve as the Inspector General of the Chemical Safety and Hazard Investigation Board.

EMERGENCY MANAGEMENT PLANNING AND ASSISTANCE

(INCLUDING TRANSFER OF FUNDS)

For necessary expenses, not otherwise provided for, to carry

out activities under the National Flood Insurance Act of 1968,

as amended, and the Flood Disaster Protection Act of 1973, as

amended (42 U.S.C. 4001 et seq.), the Robert T. Stafford Disaster

Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.),

the Earthquake Hazards Reduction Act of 1977, as amended (42

U.S.C. 7701 et seq.), the Federal Fire Prevention and Control Act

of 1974, as amended (15 U.S.C. 2201 et seq.), the Defense Production

Act of 1950, as amended (50 U.S.C. App. 2061 et seq.), sections

107 and 303 of the National Security Act of 1947, as amended

(50 U.S.C. 404–405), and Reorganization Plan No. 3 of 1978,

$254,623,000: Provided, That for purposes of pre-disaster mitigation

pursuant to 42 U.S.C. 5131(b) and (c) and 42 U.S.C. 5196(e) and

(i), $25,000,000 of the funds made available for project grants

under this heading by transfer from ‘‘Disaster relief’’, shall be

available until expended.

For an additional amount for ‘‘Emergency management planning and assistance’’, $150,000,000 for programs as authorized by

section 33 of the Federal Fire Prevention and Control Act of 1974,

as amended (15 U.S.C. 2201 et seq.): Provided, That up to 5 percent

of this amount shall be transferred to ‘‘Salaries and expenses’’

for program administration.

RADIOLOGICAL EMERGENCY PREPAREDNESS FUND

The aggregate charges assessed during fiscal year 2002, as

authorized by Public Law 106–377, shall not be less than 100

percent of the amounts anticipated by FEMA necessary for its

radiological emergency preparedness program for the next fiscal

year. The methodology for assessment and collection of fees shall

be fair and equitable; and shall reflect costs of providing such

services, including administrative costs of collecting such fees. Fees

received pursuant to this section shall be deposited in the Fund

as offsetting collections and will become available for authorized

purposes on October 1, 2002, and remain available until expended.

EMERGENCY FOOD AND SHELTER PROGRAM

To carry out an emergency food and shelter program pursuant

to title III of Public Law 100–77, as amended, $140,000,000, to

remain available until expended: Provided, That total administrative costs shall not exceed 31⁄2 percent of the total appropriation.

Government

organization.

5 USC app. note.

PUBLIC LAW 107–73—NOV. 26, 2001 115 STAT. 689

NATIONAL FLOOD INSURANCE FUND

(INCLUDING TRANSFERS OF FUNDS)

For activities under the National Flood Insurance Act of 1968

(‘‘the Act’’), the Flood Disaster Protection Act of 1973, as amended,

not to exceed $28,798,000 for salaries and expenses associated

with flood mitigation and flood insurance operations, and not to

exceed $76,381,000 for flood mitigation, including up to $20,000,000

for expenses under section 1366 of the Act, which amount shall

be available for transfer to the National Flood Mitigation Fund

until September 30, 2003. In fiscal year 2002, no funds in excess

of: (1) $55,000,000 for operating expenses; (2) $536,750,000 for

agents’ commissions and taxes; and (3) $30,000,000 for interest

on Treasury borrowings shall be available from the National Flood

Insurance Fund without prior notice to the Committees on Appropriations.

In addition, up to $7,000,000 in fees collected but unexpended

during fiscal years 2000 through 2001 shall be transferred to the

Flood Map Modernization Fund and available for expenditure in

fiscal year 2002.

Section 1309(a)(2) of the Act (42 U.S.C. 4016(a)(2)), as amended,

is further amended by striking ‘‘2001’’ and inserting ‘‘2002’’.

Section 1319 of the Act, as amended (42 U.S.C. 4026), is

amended by striking ‘‘September 30, 2001’’ and inserting ‘‘December

31, 2002’’.

Section 1336(a) of the Act, as amended (42 U.S.C. 4056), is

amended by striking ‘‘September 30, 2001’’ and inserting ‘‘December

31, 2002’’.

Section 1376(c) of the Act, as amended (42 U.S.C. 4127(c)),

is amended by striking ‘‘December 31, 2001’’ and inserting

‘‘December 31, 2002’’.

NATIONAL FLOOD MITIGATION FUND

Notwithstanding sections 1366(b)(3)(B)–(C) and 1366(f) of the

National Flood Insurance Act of 1968, as amended, $20,000,000,

to remain available until September 30, 2003, for activities designed

to reduce the risk of flood damage to structures pursuant to such

Act, of which $20,000,000 shall be derived from the National Flood

Insurance Fund. Of the amount provided, $2,500,000 is to be used

for the purchase of flood-prone properties in the city of Austin,

Minnesota, and any cost-share is waived.

GENERAL SERVICES ADMINISTRATION

FEDERAL CONSUMER INFORMATION CENTER FUND

For necessary expenses of the Federal Consumer Information

Center, including services authorized by 5 U.S.C. 3109, $7,276,000,

to be deposited into the Federal Consumer Information Center

Fund: Provided, That the appropriations, revenues, and collections

deposited into the Fund shall be available for necessary expenses

of Federal Consumer Information Center activities in the aggregate

amount of $12,000,000. Appropriations, revenues, and collections

accruing to this Fund during fiscal year 2002 in excess of

$12,000,000 shall remain in the Fund and shall not be available

for expenditure except as authorized in appropriations Acts.

115 STAT. 690 PUBLIC LAW 107–73—NOV. 26, 2001

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

HUMAN SPACE FLIGHT

(INCLUDING TRANSFER OF FUNDS)

For necessary expenses, not otherwise provided for, in the

conduct and support of human space flight research and development activities, including research, development, operations, support and services; maintenance; construction of facilities including

repair, rehabilitation, revitalization and modification of facilities,

construction of new facilities and additions to existing facilities,

facility planning and design, environmental compliance and restoration, and acquisition or condemnation of real property, as authorized

by law; space flight, spacecraft control and communications activities including operations, production, and services; program

management; personnel and related costs, including uniforms or

allowances therefor, as authorized by 5 U.S.C. 5901–5902; travel

expenses; purchase and hire of passenger motor vehicles; not to

exceed $20,000 for official reception and representation expenses;

and purchase, lease, charter, maintenance and operation of mission

and administrative aircraft, $6,912,400,000, to remain available

until September 30, 2003, of which amounts as determined by

the Administrator for salaries and benefits; training, travel and

awards; facility and related costs; information technology services;

science, engineering, fabricating and testing services; and other

administrative services may be transferred to ‘‘Science, aeronautics

and technology’’ in accordance with section 312(b) of the National

Aeronautics and Space Act of 1958, as amended by Public Law

106–377.

SCIENCE, AERONAUTICS AND TECHNOLOGY

(INCLUDING TRANSFER OF FUNDS)

For necessary expenses, not otherwise provided for, in the

conduct and support of science, aeronautics and technology research

and development activities, including research, development, operations, support and services; maintenance; construction of facilities

including repair, rehabilitation, revitalization, and modification of

facilities, construction of new facilities and additions to existing

facilities, facility planning and design, environmental compliance

and restoration, and acquisition or condemnation of real property,

as authorized by law; space flight, spacecraft control and communications activities including operations, production, and services;

program management; personnel and related costs, including uniforms or allowances therefor, as authorized by 5 U.S.C. 5901–

5902; travel expenses; purchase and hire of passenger motor

vehicles; not to exceed $20,000 for official reception and representation expenses; and purchase, lease, charter, maintenance and operation of mission and administrative aircraft, $7,857,100,000, to

remain available until September 30, 2003, of which amounts as

determined by the Administrator for salaries and benefits; training,

travel and awards; facility and related costs; information technology

services; science, engineering, fabricating and testing services; and

other administrative services may be transferred to ‘‘Human space

flight’’ in accordance with section 312(b) of the National Aeronautics

and Space Act of 1958, as amended by Public Law 106–377, except

PUBLIC LAW 107–73—NOV. 26, 2001 115 STAT. 691

that no funds may be transferred to the program budget element

for the Space Station.

OFFICE OF INSPECTOR GENERAL

For necessary expenses of the Office of Inspector General in

carrying out the Inspector General Act of 1978, as amended,

$23,700,000.

ADMINISTRATIVE PROVISIONS

Notwithstanding the limitation on the availability of funds

appropriated for ‘‘Human space flight’’, or ‘‘Science, aeronautics

and technology’’ by this appropriations Act, when any activity has

been initiated by the incurrence of obligations for construction

of facilities as authorized by law, such amount available for such

activity shall remain available until expended. This provision does

not apply to the amounts appropriated for institutional minor

revitalization and construction of facilities, and institutional facility

planning and design.

Notwithstanding the limitation on the availability of funds

appropriated for ‘‘Human space flight’’, or ‘‘Science, aeronautics

and technology’’ by this appropriations Act, the amounts appropriated for construction of facilities shall remain available until

September 30, 2004.

Notwithstanding the limitation on the availability of funds

appropriated for ‘‘Office of Inspector General’’, amounts made available by this Act for personnel and related costs and travel expenses

of the National Aeronautics and Space Administration shall remain

available until September 30, 2002 and may be used to enter

into contracts for training, investigations, costs associated with

personnel relocation, and for other services, to be provided during

the next fiscal year. Funds for announced prizes otherwise authorized shall remain available, without fiscal year limitation, until

the prize is claimed or the offer is withdrawn.

No funds in this Act or any other appropriations Act may

be used to finalize an agreement prior to December 1, 2002 between

NASA and a nongovernment organization to conduct research utilization and commercialization management activities of the International Space Station.

NATIONAL CREDIT UNION ADMINISTRATION

CENTRAL LIQUIDITY FACILITY

(INCLUDING TRANSFER OF FUNDS)

During fiscal year 2002, gross obligations of the Central

Liquidity Facility for the principal amount of new direct loans

to member credit unions, as authorized by 12 U.S.C. 1795 et seq.,

shall not exceed $1,500,000,000: Provided, That administrative

expenses of the Central Liquidity Facility shall not exceed $309,000:

Provided further, That $1,000,000 shall be transferred to the

Community Development Revolving Loan Fund, of which $650,000,

together with amounts of principal and interest on loans repaid,

shall be available until expended for loans to community development credit unions, and $350,000 shall be available until expended

for technical assistance to low-income and community development

credit unions.

115 STAT. 692 PUBLIC LAW 107–73—NOV. 26, 2001

NATIONAL SCIENCE FOUNDATION

RESEARCH AND RELATED ACTIVITIES

For necessary expenses in carrying out the National Science

Foundation Act of 1950, as amended (42 U.S.C. 1861–1875), and

the Act to establish a National Medal of Science (42 U.S.C. 1880– 1881); services as authorized by 5 U.S.C. 3109; authorized travel;

maintenance and operation of aircraft and purchase of flight services for research support; acquisition of aircraft; $3,598,340,000,

of which not to exceed $300,000,000 shall remain available until

expended for Polar research and operations support, and for

reimbursement to other Federal agencies for operational and science

support and logistical and other related activities for the United

States Antarctic program; the balance to remain available until

September 30, 2003: Provided, That receipts for scientific support

services and materials furnished by the National Research Centers

and other National Science Foundation supported research facilities

may be credited to this appropriation: Provided further, That to

the extent that the amount appropriated is less than the total

amount authorized to be appropriated for included program activities, all amounts, including floors and ceilings, specified in the

authorizing Act for those program activities or their subactivities

shall be reduced proportionally: Provided further, That $75,000,000

of the funds available under this heading shall be made available

for a comprehensive research initiative on plant genomes for

economically significant crops.

MAJOR RESEARCH EQUIPMENT AND FACILITIES CONSTRUCTION

For necessary expenses for the acquisition, construction,

commissioning, and upgrading of major research equipment, facilities, and other such capital assets pursuant to the National Science

Foundation Act of 1950, as amended, including authorized travel,

$138,800,000 to remain available until expended: Provided, That

the Director shall submit a report to the Committees on Appropriations by February 28, 2002 on the full life-cycle costs of projects

funded through this account since fiscal year 1995.

EDUCATION AND HUMAN RESOURCES

For necessary expenses in carrying out science and engineering

education and human resources programs and activities pursuant

to the National Science Foundation Act of 1950, as amended (42

U.S.C. 1861–1875), including services as authorized by 5 U.S.C.

3109, authorized travel, and rental of conference rooms in the

District of Columbia, $875,000,000, to remain available until September 30, 2003: Provided, That to the extent that the amount

of this appropriation is less than the total amount authorized to

be appropriated for included program activities, all amounts,

including floors and ceilings, specified in the authorizing Act for

those program activities or their subactivities shall be reduced

proportionally.

SALARIES AND EXPENSES

For salaries and expenses necessary in carrying out the

National Science Foundation Act of 1950, as amended (42 U.S.C.

1861–1875); services authorized by 5 U.S.C. 3109; hire of passenger

Reports.

Deadline.

PUBLIC LAW 107–73—NOV. 26, 2001 115 STAT. 693

motor vehicles; not to exceed $9,000 for official reception and representation expenses; uniforms or allowances therefor, as authorized

by 5 U.S.C. 5901–5902; rental of conference rooms in the District

of Columbia; reimbursement of the General Services Administration

for security guard services; $170,040,000: Provided, That contracts

may be entered into under ‘‘Salaries and expenses’’ in fiscal year

2002 for maintenance and operation of facilities, and for other

services, to be provided during the next fiscal year.

OFFICE OF INSPECTOR GENERAL

For necessary expenses of the Office of Inspector General as

authorized by the Inspector General Act of 1978, as amended,

$6,760,000, to remain available until September 30, 2003.

NEIGHBORHOOD REINVESTMENT CORPORATION

PAYMENT TO THE NEIGHBORHOOD REINVESTMENT CORPORATION

For payment to the Neighborhood Reinvestment Corporation

for use in neighborhood reinvestment activities, as authorized by

the Neighborhood Reinvestment Corporation Act (42 U.S.C. 8101– 8107), $105,000,000, of which $10,000,000 shall be for a homeownership program that is used in conjunction with section 8 assistance

under the United States Housing Act of 1937, as amended.

SELECTIVE SERVICE SYSTEM

SALARIES AND EXPENSES

For necessary expenses of the Selective Service System,

including expenses of attendance at meetings and of training for

uniformed personnel assigned to the Selective Service System, as

authorized by 5 U.S.C. 4101–4118 for civilian employees; and not

to exceed $750 for official reception and representation expenses;

$25,003,000: Provided, That during the current fiscal year, the

President may exempt this appropriation from the provisions of

31 U.S.C. 1341, whenever the President deems such action to be

necessary in the interest of national defense: Provided further, That none of the funds appropriated by this Act may be expended

for or in connection with the induction of any person into the

Armed Forces of the United States.

TITLE IV—GENERAL PROVISIONS

SEC. 401. Where appropriations in titles I, II, and III of this

Act are expendable for travel expenses and no specific limitation

has been placed thereon, the expenditures for such travel expenses

may not exceed the amounts set forth therefor in the budget estimates submitted for the appropriations: Provided, That this provision does not apply to accounts that do not contain an object

classification for travel: Provided further, That this section shall

not apply to travel performed by uncompensated officials of local

boards and appeal boards of the Selective Service System; to travel

performed directly in connection with care and treatment of medical

beneficiaries of the Department of Veterans Affairs; to travel performed in connection with major disasters or emergencies declared

or determined by the President under the provisions of the Robert

T. Stafford Disaster Relief and Emergency Assistance Act; to travel

115 STAT. 694 PUBLIC LAW 107–73—NOV. 26, 2001

performed by the Offices of Inspector General in connection with

audits and investigations; or to payments to interagency motor

pools where separately set forth in the budget schedules: Provided

further, That if appropriations in titles I, II, and III exceed the

amounts set forth in budget estimates initially submitted for such

appropriations, the expenditures for travel may correspondingly

exceed the amounts therefor set forth in the estimates only to

the extent such an increase is approved by the Committees on

Appropriations.

SEC. 402. Appropriations and funds available for the administrative expenses of the Department of Housing and Urban Development and the Selective Service System shall be available in the

current fiscal year for purchase of uniforms, or allowances therefor,

as authorized by 5 U.S.C. 5901–5902; hire of passenger motor

vehicles; and services as authorized by 5 U.S.C. 3109.

SEC. 403. Funds of the Department of Housing and Urban

Development subject to the Government Corporation Control Act

or section 402 of the Housing Act of 1950 shall be available, without

regard to the limitations on administrative expenses, for legal services on a contract or fee basis, and for utilizing and making payment

for services and facilities of the Federal National Mortgage Association, Government National Mortgage Association, Federal Home

Loan Mortgage Corporation, Federal Financing Bank, Federal

Reserve banks or any member thereof, Federal Home Loan banks,

and any insured bank within the meaning of the Federal Deposit

Insurance Corporation Act, as amended (12 U.S.C. 1811–1831).

SEC. 404. No part of any appropriation contained in this Act

shall remain available for obligation beyond the current fiscal year

unless expressly so provided herein.

SEC. 405. No funds appropriated by this Act may be expended—

(1) pursuant to a certification of an officer or employee

of the United States unless—

(A) such certification is accompanied by, or is part

of, a voucher or abstract which describes the payee or

payees and the items or services for which such expenditure

is being made; or

(B) the expenditure of funds pursuant to such certification, and without such a voucher or abstract, is specifically authorized by law; and

(2) unless such expenditure is subject to audit by the General Accounting Office or is specifically exempt by law from

such audit.

SEC. 406. None of the funds provided in this Act to any department or agency may be expended for the transportation of any

officer or employee of such department or agency between the

domicile and the place of employment of the officer or employee,

with the exception of an officer or employee authorized such

transportation under 31 U.S.C. 1344 or 5 U.S.C. 7905.

SEC. 407. None of the funds provided in this Act may be

used for payment, through grants or contracts, to recipients that

do not share in the cost of conducting research resulting from

proposals not specifically solicited by the Government: Provided,

That the extent of cost sharing by the recipient shall reflect the

mutuality of interest of the grantee or contractor and the Government in the research.

SEC. 408. None of the funds provided in this Act may be

used, directly or through grants, to pay or to provide reimbursement

PUBLIC LAW 107–73—NOV. 26, 2001 115 STAT. 695

for payment of the salary of a consultant (whether retained by

the Federal Government or a grantee) at more than the daily

equivalent of the rate paid for level IV of the Executive Schedule,

unless specifically authorized by law.

SEC. 409. None of the funds provided in this Act may be

used to pay the expenses of, or otherwise compensate, non-Federal

parties intervening in regulatory or adjudicatory proceedings.

Nothing herein affects the authority of the Consumer Product Safety

Commission pursuant to section 7 of the Consumer Product Safety

Act (15 U.S.C. 2056 et seq.).

SEC. 410. Except as otherwise provided under existing law,

or under an existing Executive order issued pursuant to an existing

law, the obligation or expenditure of any appropriation under this

Act for contracts for any consulting service shall be limited to

contracts which are: (1) a matter of public record and available

for public inspection; and (2) thereafter included in a publicly available list of all contracts entered into within 24 months prior to

the date on which the list is made available to the public and

of all contracts on which performance has not been completed

by such date. The list required by the preceding sentence shall

be updated quarterly and shall include a narrative description

of the work to be performed under each such contract.

SEC. 411. Except as otherwise provided by law, no part of

any appropriation contained in this Act shall be obligated or

expended by any executive agency, as referred to in the Office

of Federal Procurement Policy Act (41 U.S.C. 401 et seq.), for

a contract for services unless such executive agency: (1) has awarded

and entered into such contract in full compliance with such Act

and the regulations promulgated thereunder; and (2) requires any

report prepared pursuant to such contract, including plans, evaluations, studies, analyses and manuals, and any report prepared

by the agency which is substantially derived from or substantially

includes any report prepared pursuant to such contract, to contain

information concerning: (A) the contract pursuant to which the

report was prepared; and (B) the contractor who prepared the

report pursuant to such contract.

SEC. 412. Except as otherwise provided in section 406, none

of the funds provided in this Act to any department or agency

shall be obligated or expended to provide a personal cook, chauffeur,

or other personal servants to any officer or employee of such department or agency.

SEC. 413. None of the funds provided in this Act to any department or agency shall be obligated or expended to procure passenger

automobiles as defined in 15 U.S.C. 2001 with an EPA estimated

miles per gallon average of less than 22 miles per gallon.

SEC. 414. None of the funds appropriated in title I of this

Act shall be used to enter into any new lease of real property

if the estimated annual rental is more than $300,000 unless the

Secretary submits a report which the Committees on Appropriations

of the Congress approve within 30 days following the date on

which the report is received.

SEC. 415. (a) It is the sense of the Congress that, to the

greatest extent practicable, all equipment and products purchased

with funds made available in this Act should be American-made.

(b) In providing financial assistance to, or entering into any

contract with, any entity using funds made available in this Act,

the head of each Federal agency, to the greatest extent practicable,

Notice.

Contracts.

Public

information.

Records.

115 STAT. 696 PUBLIC LAW 107–73—NOV. 26, 2001

shall provide to such entity a notice describing the statement made

in subsection (a) by the Congress.

SEC. 416. None of the funds appropriated in this Act may

be used to implement any cap on reimbursements to grantees

for indirect costs, except as published in Office of Management

and Budget Circular A–21.

SEC. 417. Such sums as may be necessary for fiscal year 2002

pay raises for programs funded by this Act shall be absorbed within

the levels appropriated in this Act.

SEC. 418. None of the funds made available in this Act may

be used for any program, project, or activity, when it is made

known to the Federal entity or official to which the funds are

made available that the program, project, or activity is not in

compliance with any Federal law relating to risk assessment, the

protection of private property rights, or unfunded mandates.

SEC. 419. Corporations and agencies of the Department of

Housing and Urban Development which are subject to the Government Corporation Control Act, as amended, are hereby authorized

to make such expenditures, within the limits of funds and borrowing

authority available to each such corporation or agency and in accord

with law, and to make such contracts and commitments without

regard to fiscal year limitations as provided by section 104 of

such Act as may be necessary in carrying out the programs set

forth in the budget for 2002 for such corporation or agency except

as hereinafter provided: Provided, That collections of these corporations and agencies may be used for new loan or mortgage purchase

commitments only to the extent expressly provided for in this

Act (unless such loans are in support of other forms of assistance

provided for in this or prior appropriations Acts), except that this

proviso shall not apply to the mortgage insurance or guaranty

operations of these corporations, or where loans or mortgage purchases are necessary to protect the financial interest of the United

States Government.

SEC. 420. Notwithstanding any other provision of law, the

term ‘‘qualified student loan’’ with respect to national service education awards shall mean any loan determined by an institution

of higher education to be necessary to cover a student’s cost of

attendance at such institution and made directly to a student

by a State agency, in addition to other meanings under section

148(b)(7) of the National and Community Service Act.

SEC. 421. Unless otherwise provided for in this Act or through

a reprogramming of funds, no part of any appropriation for the

Department of Housing and Urban Development shall be available

for any activity in excess of amounts set forth in the budget estimates submitted to Congress.

SEC. 422. None of the funds appropriated or otherwise made

available by this Act shall be used to promulgate a final regulation

to implement changes in the payment of pesticide tolerance processing fees as proposed at 64 Fed. Reg. 31040, or any similar

proposals. The Environmental Protection Agency may proceed with

the development of such a rule.

SEC. 423. The Environmental Protection Agency may not use

any of the funds appropriated or otherwise made available by

this Act to implement the Registration Fee system codified at 40

Code of Federal Regulations Subpart U (sections 152.400 et seq.)

if its authority to collect maintenance fees pursuant to FIFRA

PUBLIC LAW 107–73—NOV. 26, 2001 115 STAT. 697

section 4(i)(5) is extended for at least 1 year beyond September

30, 2001.

SEC. 424. Except in the case of entities that are funded solely

with Federal funds or any natural persons that are funded under

this Act, none of the funds in this Act shall be used for the

planning or execution of any program to pay the expenses of,

or otherwise compensate, non-Federal parties to lobby or litigate

in respect to adjudicatory proceedings funded in this Act. A chief

executive officer of any entity receiving funds under this Act shall

certify that none of these funds have been used to engage in

the lobbying of the Federal Government or in litigation against

the United States unless authorized under existing law.

SEC. 425. No part of any funds appropriated in this Act shall

be used by an agency of the executive branch, other than for

normal and recognized executive-legislative relationships, for publicity or propaganda purposes, and for the preparation, distribution

or use of any kit, pamphlet, booklet, publication, radio, television

or film presentation designed to support or defeat legislation

pending before the Congress, except in presentation to the Congress

itself.

SEC. 426. None of the funds provided in title II for technical

assistance, training, or management improvements may be obligated or expended unless HUD provides to the Committees on

Appropriations a description of each proposed activity and a detailed

budget estimate of the costs associated with each activity as part

of the Budget Justifications. For fiscal year 2002, HUD shall

transmit this information to the Committees by January 8, 2002

for 30 days of review.

SEC. 427. All Departments and agencies funded under this

Act are encouraged, within the limits of the existing statutory

authorities and funding, to expand their use of ‘‘E-Commerce’’ technologies and procedures in the conduct of their business practices

and public service activities.

SEC. 428. Section 104(n)(4) of the Cerro Grande Fire Assistance

Act (Public Law 106–246) is amended by striking ‘‘beginning not

later than the expiration of the 1-year period beginning on the

date of the enactment of this Act.’’ and inserting ‘‘within 120 days

after the Director issues the report required by subsection (n)

in 2002 and 2003.’’.

SEC. 429. None of the funds provided by this Act may be

used for the purpose of implementing any administrative proposal

that would require military retirees to make an ‘‘irrevocable choice’’

for any specified period of time between Department of Veterans

Affairs or military health care under the new TRICARE for Life

plan authorized in the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 (as enacted into law by Public Law

106–398).

SEC. 430. None of the funds appropriated by this Act may

be used to delay the national primary drinking water regulation

for Arsenic published on January 22, 2001, in the Federal Register

(66 Fed. Reg. pages 6976 through 7066, amending parts 141 through

142 of title 40 of the Code of Federal Regulations).

SEC. 431. Subtitle B of title VI of the Robert T. Stafford Disaster

Relief and Emergency Assistance Act (42 U.S.C. 5197–5197g) is

amended by adding at the end the following:

114 Stat. 589.

Deadline.

115 STAT. 698 PUBLIC LAW 107–73—NOV. 26, 2001

‘‘SEC. 629. MINORITY EMERGENCY PREPAREDNESS DEMONSTRATION

PROGRAM.

‘‘(a) IN GENERAL.—The Director shall establish a minority emergency preparedness demonstration program to research and promote the capacity of minority communities to provide data, information, and awareness education by providing grants to or executing

contracts or cooperative agreements with eligible nonprofit organizations to establish and conduct such programs.

‘‘(b) ACTIVITIES SUPPORTED.—An eligible nonprofit organization

may use a grant, contract, or cooperative agreement awarded under

this section—

‘‘(1) to conduct research into the status of emergency

preparedness and disaster response awareness in African American and Hispanic households located in urban, suburban, and

rural communities, particularly in those States and regions

most impacted by natural and manmade disasters and emergencies; and

‘‘(2) to develop and promote awareness of emergency

preparedness education programs within minority communities,

including development and preparation of culturally competent

educational and awareness materials that can be used to

disseminate information to minority organizations and institutions.

‘‘(c) ELIGIBLE ORGANIZATIONS.—A nonprofit organization is

eligible to be awarded a grant, contract, or cooperative agreement

under this section with respect to a program if the organization

is a nonprofit organization that is described in section 501(c)(3)

of the Internal Revenue Code of 1986 (26 U.S.C. 501(c)(3)) and

exempt from tax under section 501(a) of such Code, whose primary

mission is to provide services to communities predominately populated by minority citizens, and that can demonstrate a partnership

with a minority-owned business enterprise or minority business

located in a HUBZone (as defined in section 3(p) of the Small

Business Act (15 U.S.C. 632(p))) with respect to the program.

‘‘(d) USE OF FUNDS.—A recipient of a grant, contract, or cooperative agreement awarded under this section may only use the proceeds of the grant, contract, or agreement to—

‘‘(1) acquire expert professional services necessary to conduct research in communities predominately populated by

minority citizens, with a primary emphasis on African American

and Hispanic communities;

‘‘(2) develop and prepare informational materials to promote awareness among minority communities about emergency

preparedness and how to protect their households and communities in advance of disasters;

‘‘(3) establish consortia with minority national organizations, minority institutions of higher education, and faith-based

institutions to disseminate information about emergency

preparedness to minority communities; and

‘‘(4) implement a joint project with a minority serving

institution, including a part B institution (as defined in section

322(2) of the Higher Education Act of 1965 (20 U.S.C. 1061(2))),

an institution described in subparagraph (A), (B), or (C) of

section 326 of that Act (20 U.S.C. 1063b(e)(1)(A), (B), or (C)),

and a Hispanic-serving institution (as defined in section

502(a)(5) of that Act (20 U.S.C. 1101a(a)(5))).

42 USC 5197h

note.

PUBLIC LAW 107–73—NOV. 26, 2001 115 STAT. 699

‘‘(e) APPLICATION AND REVIEW PROCEDURE.—To be eligible to

receive a grant, contract, or cooperative agreement under this section, an organization must submit an application to the Director

at such time, in such manner, and accompanied by such information

as the Director may reasonably require. The Director shall establish

a procedure by which to accept such applications.

‘‘(f) AUTHORIZATION OF APPROPRIATION.—There is authorized

to be appropriated to carry out this section $1,500,000 for fiscal

year 2002 and such funds as may be necessary for fiscal years

2003 through 2007. Such sums shall remain available until

expended.’’. SEC. 432. None of the funds made available by this Act may

be used to implement or enforce the requirement under section

12(c) of the United States Housing Act of 1937, as amended (42

U.S.C. 1437j(c)) relating to community service, except with respect

to any resident of a public housing project funded with any amounts

provided under section 24 of the United States Housing Act of

1937, as amended, or any predecessor program for the revitalization

of severely distressed public housing (HOPE VI).

SEC. 433. Section 1301 of title XIII of division B of H.R. 5666,

as enacted by section 1(a)(4) of Public Law 106–554, is amended

by striking ‘‘facilities’’ and inserting in lieu thereof ‘‘facilities,

including the design and construction of such facilities,’’.

SEC. 434. The amounts subject to the fifth proviso under the

heading, ‘‘Emergency Response Fund’’, in Public Law 107–38, which

are available for transfer to the Department of Housing and Urban

Development 15 days after the Director of the Office of Management

and Budget has submitted to the House and Senate Committees

on Appropriations a proposed allocation and plan for use of the

funds for the Department, may be used for purposes of ‘‘Community

Development Block Grants’’, as authorized by title I of the Housing

and Community Development Act of 1974, as amended: Provided,

That such funds may be awarded to the State of New York for

assistance for properties and businesses damaged by, and for economic revitalization related to, the September 11, 2001 terrorist

attacks on New York City, for the affected area of New York

City, and for reimbursement to the State and City of New York

for expenditures incurred from the regular Community Development

Block Grant formula allocation used to achieve these same purposes:

Provided further, That the State of New York is authorized to

provide such assistance to the City of New York: Provided further,

That in administering these funds and funds under section 108

of such Act used for economic revitalization activities in New York

City, the Secretary may waive, or specify alternative requirements

for, any provision of any statute or regulation that the Secretary

administers in connection with the obligation by the Secretary

or the use by the recipient of these funds or guarantees (except

for requirements related to fair housing, nondiscrimination, labor

standards, and the environment), upon a finding that such waiver

is required to facilitate the use of such funds or guarantees, and

would not be inconsistent with the overall purpose of the statute

or regulation: Provided further, That such funds shall not adversely

affect the amount of any formula assistance received by the State

of New York, New York City, or any categorical application for

other Federal assistance: Provided further, That the Secretary shall

publish in the Federal Register any waiver of any statute or regulation that the Secretary administers pursuant to title I of the

Federal Register,

publication.

Deadline.

114 Stat.

2763A-314.

115 STAT. 700 PUBLIC LAW 107–73—NOV. 26, 2001

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

HOUSE REPORTS: No. 107–159 (Comm. on Appropriations) and 107–272

(Comm. of Conference).

SENATE REPORTS: No. 107–43 (Comm. on Appropriations).

CONGRESSIONAL RECORD, Vol. 147 (2001):

July 26, 27, 31, considered and passed House.

Aug. 1, 2, considered and passed Senate, amended.

Nov. 8, House and Senate agreed to conference report.

WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 37 (2001):

Nov. 26, Presidential statement.

Æ

Housing and Community Development Act of 1974, as amended,

no later than 5 days before the effective date of such waiver:

Provided further, That the Secretary shall notify the Committees

on Appropriations on the proposed allocation of any funds and

any related waivers pursuant to this section no later than 5 days

before such allocation.

This Act may be cited as the ‘‘Departments of Veterans Affairs

and Housing and Urban Development, and Independent Agencies

Appropriations Act, 2002’’.

Approved November 26, 2001.

Notice.

Deadline.