H. R. 2620—45
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 avail-
able 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, evalua-
tions, 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 depart-
ment or agency.
SEC. 413. None of the funds provided in this Act to any depart-
ment 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,
H. R. 2620—46
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 Govern-
ment 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 corpora-
tions 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 pur-
chases 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 edu-
cation 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 esti-
mates 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 proc-
essing 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
H. R. 2620—47
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 pub-
licity 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 obli-
gated 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’’ tech-
nologies 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 Authoriza-
tion 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:
H. R. 2620—48
‘‘SEC. 629. MINORITY EMERGENCY PREPAREDNESS DEMONSTRATION
PROGRAM.
‘‘(a) IN GENERAL.—The Director shall establish a minority emer-
gency preparedness demonstration program to research and pro-
mote the capacity of minority communities to provide data, informa-
tion, and awareness education by providing grants to or executing
contracts or cooperative agreements with eligible nonprofit organiza-
tions 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 Amer-
ican and Hispanic households located in urban, suburban, and
rural communities, particularly in those States and regions
most impacted by natural and manmade disasters and emer-
gencies; 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 institu-
tions.
‘‘(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 popu-
lated 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 coopera-
tive agreement awarded under this section may only use the pro-
ceeds of the grant, contract, or agreement to—
‘‘(1) acquire expert professional services necessary to con-
duct 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 pro-
mote awareness among minority communities about emergency
preparedness and how to protect their households and commu-
nities in advance of disasters;
‘‘(3) establish consortia with minority national organiza-
tions, 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))).