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), includ-
ing services as authorized by 5 U.S.C. 3109, authorized
travel, and rental of conference rooms in the District of
Columbia, $885,720,000, to remain available until Sep-
tember 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 activi-
ties, all amounts, including floors and ceilings, specified
in the authorizing Act for those program activities or their
subactivities shall be reduced proportionally.
SALARIES AND EXPENSES
For salaries and expenses necessary in carrying out
the National Science Foundation Act of 1950, as amended
(42 U.S.C. 1861–1875); services authorized by 5 U.S.C.
3109; hire of passenger motor vehicles; not to exceed
$9,000 for official reception and representation expenses;
uniforms or allowances therefor, as authorized by 5 U.S.C.
5901–5902; rental of conference rooms in the District of
Columbia; reimbursement of the General Services Admin-
istration for security guard services; $170,040,000: Pro-
vided, 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 pro-
vided 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 Cor-
poration for use in neighborhood reinvestment activities,
as authorized by the Neighborhood Reinvestment Corpora-
tion 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 Sys-
tem, 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 $500 for official re-
ception and representation expenses; $25,003,000: Pro-
vided, 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: Pro-
vided further, That none of the funds appropriated by this
Act may be expended for or in connection with the induc-
tion 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 expendi-
tures 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 classifica-
tion 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 Depart-
ment of Veterans Affairs; to travel performed in connec-
tion with major disasters or emergencies declared or deter-
mined by the President under the provisions of the Robert
T. Stafford Disaster Relief and Emergency Assistance
Act; to travel performed by the Offices of Inspector Gen-
eral 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 cor-
respondingly 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 Corpora-
tion 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 Fi-
nancing Bank, Federal Reserve banks or any member
thereof, Federal Home Loan banks, and any insured bank
within the meaning of the Federal Deposit Insurance Cor-
poration 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 de-
scribes 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 trans-
portation of any officer or employee of such department
or agency between the domicile and the place of employ-
ment 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 re-
cipients that do not share in the cost of conducting re-
search resulting from proposals not specifically solicited
by the Government: Provided, That the extent of cost
sharing by the recipient shall reflect the mutuality of in-
terest 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 for payment of the salary of a consultant
(whether retained by the Federal Government or a grant-
ee) at more than the daily equivalent of the rate paid for
level IV of the Executive Schedule, unless specifically au-
thorized 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 adjudica-
tory 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 exist-
ing law, or under an existing Executive Order issued pur-
suant 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 in-
spection; 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 regula-
tions promulgated thereunder; and (2) requires any report
prepared pursuant to such contract, including plans, eval-
uations, 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 depart-
ment 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 of Veterans Affairs submits
a report which the Committees on Appropriations of the
Congress and a period of 30 days has expired following
the date on which the report is received by the Committees
on Appropriations.
SEC. 415. (a) It is the sense of the Congress that,
to the greatest extent practicable, all equipment and prod-
ucts 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 avail-
able in this Act, the head of each Federal agency, to the
greatest extent practicable, shall provide to such entity a
notice describing the statement made in subsection (a) by
the Congress.
SEC. 416. None of the funds appropriated in this Act
may be used to implement any cap on reimbursements to
grantees for indirect costs, except as published in Office
of Management and Budget Circular A–21.
SEC. 417. Such sums as may be necessary for fiscal
year 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 Depart-
ment of Housing and Urban Development which are sub-
ject to the Government Corporation Control Act, as
amended, are hereby authorized to make such expendi-
tures, 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: Pro-
vided, That collections of these corporations and agencies
may be used for new loan or mortgage purchase commit-
ments only to the extent expressly provided for in this Act
(unless such loans are in support of other forms of assist-
ance provided for in this or prior appropriations Acts), ex-
cept that this proviso shall not apply to the mortgage in-
surance or guaranty operations of these corporations, or
where loans or mortgage purchases are necessary to pro-
tect the financial interest of the United States Govern-
ment.
SEC. 420. Notwithstanding any other provision of
law, the term ‘‘qualified student loan’’ with respect to na-
tional service education awards shall mean any loan deter-
mined by an institution of higher education to be nec-
essary to cover a student’s cost of attendance at such in-
stitution 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. None of the funds appropriated or other-
wise made available by this Act shall be used to promul-
gate a final regulation to implement changes in the pay-
ment of pesticide tolerance processing fees as proposed at
64 Fed. Reg. 31040, or any similar proposals. The Envi-
ronmental Protection Agency may proceed with the devel-
opment of such a rule.
SEC. 422. 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 Sub-
part U (sections 152.400 et seq.) if its authority to collect
maintenance fees pursuant to FIFRA section 4(i)(5) is ex-
tended for at least 1 year beyond September 30, 2001.
SEC. 423. 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 pro-
gram to pay the expenses of, or otherwise compensate,
non-Federal parties to lobby or litigate in respect to adju-
dicatory 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. 424. 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, pam-
phlet, booklet, publication, radio, television or film presen-
tation designed to support or defeat legislation pending
before the Congress, except in presentation to the Con-
gress itself.
SEC. 425. 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 ac-
tivities.
SEC. 426. 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 Direc-
tor issues the report required by subsection (n) in 2002
and 2003.’’.
SEC. 427. None of the funds provided by this Act
may be used for the purpose of implementing any adminis-
trative 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 author-
ized in the Floyd D. Spence National Defense Authoriza-
tion Act for Fiscal Year 2001 (as enacted into law by Pub-
lic 106–398).
SEC. 428. 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) or to propose or finalize a
rule to increase the levels of arsenic in drinking water per-
mitted under that regulation.
MINORITY EMERGENCY PREPAREDNESS
DEMONSTRATION PROGRAM
ESTABLISHMENT OF PROGRAM
SEC. 429. Subtitle B of title VI of the Robert T. Staf-
ford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5197–5197g) is amended by adding at the end the
following:
‘‘SEC. 629. MINORITY EMERGENCY PREPAREDNESS DEM-
ONSTRATION PROGRAM.
‘‘(a) IN GENERAL.—The Director shall establish a
minority emergency preparedness demonstration program
to research and promote the capacity of minority commu-
nities to provide data, information, and awareness edu-
cation by providing grants to or executing contracts or co-
operative 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 house-
holds located in urban, suburban, and rural commu-
nities, particularly in those States and regions most
impacted by natural and manmade disasters and
emergencies; and
‘‘(2) to develop and promote awareness of emer-
gency preparedness education programs within mi-
nority communities, including development and prep-
aration 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 orga-
nization is eligible to be awarded a grant, contract, or co-
operative 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 Rev-
enue Code of 1986 (26 U.S.C. 501(c)(3)) and exempt
from tax under section 501(a) of such Code, whose pri-
mary mission is to provide services to communities pre-
dominately 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, con-
tract, or cooperative agreement awarded under this section
may only use the proceeds of the grant, contract, or agree-
ment to—
‘‘(1) acquire expert professional services nec-
essary to conduct research in communities predomi-
nately populated by minority citizens, with a primary
emphasis on African American and Hispanic com-
munities;
‘‘(2) develop and prepare informational mate-
rials to promote awareness among minority commu-
nities 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 edu-
cation, and faith-based institutions to disseminate
information about emergency preparedness to minor-
ity 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 de-
scribed 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))).
‘‘(e) APPLICATION AND REVIEW PROCEDURE.—To
be eligible to receive a grant, contract, or cooperative
agreement under this section, an organization must sub-
mit an application to the Director at such time, in such
manner, and accompanied by such information as the Di-
rector may reasonably require. The Director shall estab-
lish 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. 430. None of the funds made available in this
Act may be used by the Department of Veterans Affairs
to implement any provision of the April 2001 report enti-
tled ‘‘Plan for the Development of a 25-Year General Use
Plan for Department of Veterans Affairs West Los Ange-
les Healthcare Center’’.
SEC. 431. 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 (42 U.S.C. 1437j(c); relating to community service).
SEC. 432. No funds appropriated or otherwise made
available under this Act shall be made available to any
person or entity that has been convicted of violating the
Buy American Act (41 U.S.C. 10a–10c).
This Act may be cited as the ‘‘Departments of Vet-
erans Affairs and Housing and Urban Development, and
Independent Agencies Appropriations Act, 2002’’.
Passed the House of Representatives July 30, 2001.
Attest:
Clerk.
107TH CONGRESS
1ST SESSION
H. R. 2620
AN ACT
Making appropriations for the Departments of Vet-
erans Affairs and Housing and Urban Develop-
ment, and for sundry independent agencies,
boards, commissions, corporations, and offices
for the fiscal year ending September 30, 2002,
and for other purposes.