[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3061 Public Print (PP)]
1st Session
H. R. 3061
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
November 6, 2001
Ordered to be printed with the amendment of the Senate
[Strike out all after the enacting clause and insert the part printed
in italic]
_______________________________________________________________________
AN ACT
Making appropriations for the Departments of Labor, Health and Human
Services, and Education, and related agencies 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,
<DELETED>That the following sums are appropriated, out of any money in
the Treasury not otherwise appropriated, for the Departments of Labor,
Health and Human Services, and Education, and related agencies for the
fiscal year ending September 30, 2002, and for other purposes,
namely:</DELETED>
<DELETED>TITLE I--DEPARTMENT OF LABOR</DELETED>
<DELETED>Employment and Training Administration</DELETED>
<DELETED>training and employment services</DELETED>
<DELETED> For necessary expenses of the Workforce Investment Act,
including the purchase and hire of passenger motor vehicles, the
construction, alteration, and repair of buildings and other facilities,
and the purchase of real property for training centers as authorized by
the Workforce Investment Act; the Women in Apprenticeship and
Nontraditional Occupations Act; and the National Skill Standards Act of
1994; $3,485,147,000 plus reimbursements, of which $2,110,707,000 is
available for obligation for the period July 1, 2002, through June 30,
2003; of which $1,353,065,000 is available for obligation for the
period April 1, 2002, through June 30, 2003; and of which $20,375,000
is available for the period July 1, 2002, through June 30, 2005, for
necessary expenses of construction, rehabilitation, and acquisition of
Job Corps centers: Provided, That $3,500,000 shall be for carrying out
the National Skills Standards Act of 1994: Provided further, That no
funds from any other appropriation shall be used to provide meal
services at or for Job Corps centers.</DELETED>
<DELETED> For necessary expenses of the Workforce Investment Act,
including the purchase and hire of passenger motor vehicles, the
construction, alteration, and repair of buildings and other facilities,
and the purchase of real property for training centers as authorized by
the Workforce Investment Act; $2,098,000,000 plus reimbursements, of
which $1,998,000,000 is available for obligation for the period October
1, 2002, through June 30, 2003; and of which $100,000,000 is available
for the period October 1, 2002, through June 30, 2005, for necessary
expenses of construction, rehabilitation, and acquisition of Job Corps
centers.</DELETED>
<DELETED>community service employment for older americans</DELETED>
<DELETED> To carry out title V of the Older Americans Act of 1965,
as amended, $440,200,000.</DELETED>
<DELETED>federal unemployment benefits and allowances</DELETED>
<DELETED> For payments during the current fiscal year of trade
adjustment benefit payments and allowances under part I; and for
training, allowances for job search and relocation, and related State
administrative expenses under part II, subchapters B and D, chapter 2,
title II of the Trade Act of 1974, as amended, $11,000,000, together
with such amounts as may be necessary to be charged to the subsequent
appropriation for payments for any period subsequent to September 15 of
the current year.</DELETED>
<DELETED> In addition, for such purposes, $404,650,000, to become
available only upon the enactment of authorizing legislation.</DELETED>
<DELETED>state unemployment insurance and employment service
operations</DELETED>
<DELETED> For authorized administrative expenses, $163,452,000,
together with not to exceed $3,236,886,000 (including not to exceed
$1,228,000 which may be used for amortization payments to States which
had independent retirement plans in their State employment service
agencies prior to 1980), which may be expended from the Employment
Security Administration Account in the Unemployment Trust Fund
including the cost of administering section 51 of the Internal Revenue
Code of 1986, as amended, section 7(d) of the Wagner-Peyser Act, as
amended, the Trade Act of 1974, as amended, the Immigration Act of
1990, and the Immigration and Nationality Act, as amended, and of which
the sums available in the allocation for activities authorized by title
III of the Social Security Act, as amended (42 U.S.C. 502-504), and the
sums available in the allocation for necessary administrative expenses
for carrying out 5 U.S.C. 8501-8523, shall be available for obligation
by the States through December 31, 2002, except that funds used for
automation acquisitions shall be available for obligation by the States
through September 30, 2004; and of which $163,452,000, together with
not to exceed $773,283,000 of the amount which may be expended from
said trust fund, shall be available for obligation for the period July
1, 2002, through June 30, 2003, to fund activities under the Act of
June 6, 1933, as amended, including the cost of penalty mail authorized
under 39 U.S.C. 3202(a)(1)(E) made available to States in lieu of
allotments for such purpose: Provided, That to the extent that the
Average Weekly Insured Unemployment (AWIU) for fiscal year 2002 is
projected by the Department of Labor to exceed 2,622,000, an additional
$28,600,000 shall be available for obligation for every 100,000
increase in the AWIU level (including a pro rata amount for any
increment less than 100,000) from the Employment Security
Administration Account of the Unemployment Trust Fund: Provided
further, That funds appropriated in this Act which are used to
establish a national one-stop career center system, or which are used
to support the national activities of the Federal-State unemployment
insurance programs, may be obligated in contracts, grants or agreements
with non-State entities: Provided further, That funds appropriated
under this Act for activities authorized under the Wagner-Peyser Act,
as amended, and title III of the Social Security Act, may be used by
the States to fund integrated Employment Service and Unemployment
Insurance automation efforts, notwithstanding cost allocation
principles prescribed under Office of Management and Budget Circular A-
87.</DELETED>
<DELETED>advances to the unemployment trust fund and other
funds</DELETED>
<DELETED> For repayable advances to the Unemployment Trust Fund as
authorized by sections 905(d) and 1203 of the Social Security Act, as
amended, and to the Black Lung Disability Trust Fund as authorized by
section 9501(c)(1) of the Internal Revenue Code of 1954, as amended;
and for nonrepayable advances to the Unemployment Trust Fund as
authorized by section 8509 of title 5, United States Code, and to the
``Federal unemployment benefits and allowances'' account, to remain
available until September 30, 2003, $464,000,000.</DELETED>
<DELETED> In addition, for making repayable advances to the Black
Lung Disability Trust Fund in the current fiscal year after September
15, 2002, for costs incurred by the Black Lung Disability Trust Fund in
the current fiscal year, such sums as may be necessary.</DELETED>
<DELETED>program administration</DELETED>
<DELETED> For expenses of administering employment and training
programs, $113,356,000, including $5,934,000 to administer welfare-to-
work grants, together with not to exceed $48,507,000, which may be
expended from the Employment Security Administration Account in the
Unemployment Trust Fund.</DELETED>
<DELETED>Pension and Welfare Benefits Administration</DELETED>
<DELETED>salaries and expenses</DELETED>
<DELETED> For necessary expenses for the Pension and Welfare
Benefits Administration, $109,866,000.</DELETED>
<DELETED>Pension Benefit Guaranty Corporation</DELETED>
<DELETED>pension benefit guaranty corporation fund</DELETED>
<DELETED> The Pension Benefit Guaranty Corporation is authorized to
make such expenditures, including financial assistance authorized by
section 104 of Public Law 96-364, within limits of funds and borrowing
authority available to such Corporation, and in accord with law, and to
make such contracts and commitments without regard to fiscal year
limitations as provided by section 104 of the Government Corporation
Control Act, as amended (31 U.S.C. 9104), as may be necessary in
carrying out the program through September 30, 2002, for such
Corporation: Provided, That not to exceed $11,690,000 shall be
available for administrative expenses of the Corporation: Provided
further, That expenses of such Corporation in connection with the
termination of pension plans, for the acquisition, protection or
management, and investment of trust assets, and for benefits
administration services shall be considered as non-administrative
expenses for the purposes hereof, and excluded from the above
limitation.</DELETED>
<DELETED>Employment Standards Administration</DELETED>
<DELETED>salaries and expenses</DELETED>
<DELETED> For necessary expenses for the Employment Standards
Administration, including reimbursement to State, Federal, and local
agencies and their employees for inspection services rendered,
$367,650,000, together with $1,981,000 which may be expended from the
Special Fund in accordance with sections 39(c), 44(d) and 44(j) of the
Longshore and Harbor Workers' Compensation Act: Provided, That
$2,000,000 shall be for the development of an alternative system for
the electronic submission of reports as required to be filed under the
Labor-Management Reporting and Disclosure Act of 1959, as amended, and
for a computer database of the information for each submission by
whatever means, that is indexed and easily searchable by the public via
the Internet: Provided further, That the Secretary of Labor is
authorized to accept, retain, and spend, until expended, in the name of
the Department of Labor, all sums of money ordered to be paid to the
Secretary of Labor, in accordance with the terms of the Consent
Judgment in Civil Action No. 91-0027 of the United States District
Court for the District of the Northern Mariana Islands (May 21, 1992):
Provided further, That the Secretary of Labor is authorized to
establish and, in accordance with 31 U.S.C. 3302, collect and deposit
in the Treasury fees for processing applications and issuing
certificates under sections 11(d) and 14 of the Fair Labor Standards
Act of 1938, as amended (29 U.S.C. 211(d) and 214) and for processing
applications and issuing registrations under title I of the Migrant and
Seasonal Agricultural Worker Protection Act (29 U.S.C. 1801 et
seq.).</DELETED>
<DELETED>special benefits</DELETED>
<DELETED>(including transfer of funds)</DELETED>
<DELETED> For the payment of compensation, benefits, and expenses
(except administrative expenses) accruing during the current or any
prior fiscal year authorized by title 5, chapter 81 of the United
States Code; continuation of benefits as provided for under the heading
``Civilian War Benefits'' in the Federal Security Agency Appropriation
Act, 1947; the Employees' Compensation Commission Appropriation Act,
1944; sections 4(c) and 5(f) of the War Claims Act of 1948 (50 U.S.C.
App. 2012); and 50 percent of the additional compensation and benefits
required by section 10(h) of the Longshore and Harbor Workers'
Compensation Act, as amended, $121,000,000 together with such amounts
as may be necessary to be charged to the subsequent year appropriation
for the payment of compensation and other benefits for any period
subsequent to August 15 of the current year: Provided, That amounts
appropriated may be used under section 8104 of title 5, United States
Code, by the Secretary of Labor to reimburse an employer, who is not
the employer at the time of injury, for portions of the salary of a
reemployed, disabled beneficiary: Provided further, That balances of
reimbursements unobligated on September 30, 2001, shall remain
available until expended for the payment of compensation, benefits, and
expenses: Provided further, That in addition there shall be transferred
to this appropriation from the Postal Service and from any other
corporation or instrumentality required under section 8147(c) of title
5, United States Code, to pay an amount for its fair share of the cost
of administration, such sums as the Secretary determines to be the cost
of administration for employees of such fair share entities through
September 30, 2002: Provided further, That of those funds transferred
to this account from the fair share entities to pay the cost of
administration of the Federal Employees' Compensation Act, $36,696,000
shall be made available to the Secretary as follows: (1) for the
operation of and enhancement to the automated data processing systems,
including document imaging, and conversion to a paperless office,
$24,522,000; (2) for medical bill review and periodic roll management,
$11,474,000; (3) for communications redesign, $700,000; and (4) the
remaining funds shall be paid into the Treasury as miscellaneous
receipts: Provided further, That the Secretary may require that any
person filing a notice of injury or a claim for benefits under chapter
81 of title 5, United States Code, or 33 U.S.C. 901 et seq., provide as
part of such notice and claim, such identifying information (including
Social Security account number) as such regulations may
prescribe.</DELETED>
<DELETED>Energy Employees Occupational Illness Compensation
Program</DELETED>
<DELETED> For necessary expenses to administer the Energy Employees
Occupational Illness Compensation Act, $136,000,000, to remain
available until expended: Provided, That the Secretary of Labor is
authorized to transfer to any Executive agency with authority under the
Energy Employees Occupational Illness Compensation Act, including
within the Department of Labor, such sums as may be necessary in fiscal
year 2002 to carry out those authorities: Provided further, That the
Secretary may require that any person filing a claim for benefits under
the Act provide as part of such claim, such identifying information
(including Social Security account number) as may be
prescribed.</DELETED>
<DELETED>black lung disability trust fund</DELETED>
<DELETED>(including transfer of funds)</DELETED>
<DELETED> For payments from the Black Lung Disability Trust Fund,
$1,036,115,000, of which $981,283,000 shall be available until
September 30, 2003, for payment of all benefits as authorized by
section 9501(d)(1), (2), (4), and (7) of the Internal Revenue Code of
1954, as amended, and interest on advances as authorized by section
9501(c)(2) of that Act, and of which $31,558,000 shall be available for
transfer to Employment Standards Administration, Salaries and Expenses,
$22,590,000 for transfer to Departmental Management, Salaries and
Expenses, $328,000 for transfer to Departmental Management, Office of
Inspector General, and $356,000 for payment into miscellaneous receipts
for the expenses of the Department of Treasury, for expenses of
operation and administration of the Black Lung Benefits program as
authorized by section 9501(d)(5) of that Act: Provided, That, in
addition, such amounts as may be necessary may be charged to the
subsequent year appropriation for the payment of compensation,
interest, or other benefits for any period subsequent to August 15 of
the current year.</DELETED>
<DELETED>Occupational Safety and Health Administration</DELETED>
<DELETED>salaries and expenses</DELETED>
<DELETED> For necessary expenses for the Occupational Safety and
Health Administration, $435,307,000, including not to exceed
$88,694,000 which shall be the maximum amount available for grants to
States under section 23(g) of the Occupational Safety and Health Act,
which grants shall be no less than 50 percent of the costs of State
occupational safety and health programs required to be incurred under
plans approved by the Secretary under section 18 of the Occupational
Safety and Health Act of 1970; and, in addition, notwithstanding 31
U.S.C. 3302, the Occupational Safety and Health Administration may
retain up to $750,000 per fiscal year of training institute course
tuition fees, otherwise authorized by law to be collected, and may
utilize such sums for occupational safety and health training and
education grants: Provided, That, notwithstanding 31 U.S.C. 3302, the
Secretary of Labor is authorized, during the fiscal year ending
September 30, 2002, to collect and retain fees for services provided to
Nationally Recognized Testing Laboratories, and may utilize such sums,
in accordance with the provisions of 29 U.S.C. 9a, to administer
national and international laboratory recognition programs that ensure
the safety of equipment and products used by workers in the workplace:
Provided further, That none of the funds appropriated under this
paragraph shall be obligated or expended to prescribe, issue,
administer, or enforce any standard, rule, regulation, or order under
the Occupational Safety and Health Act of 1970 which is applicable to
any person who is engaged in a farming operation which does not
maintain a temporary labor camp and employs 10 or fewer employees:
Provided further, That no funds appropriated under this paragraph shall
be obligated or expended to administer or enforce any standard, rule,
regulation, or order under the Occupational Safety and Health Act of
1970 with respect to any employer of 10 or fewer employees who is
included within a category having an occupational injury lost workday
case rate, at the most precise Standard Industrial Classification Code
for which such data are published, less than the national average rate
as such rates are most recently published by the Secretary, acting
through the Bureau of Labor Statistics, in accordance with section 24
of that Act (29 U.S.C. 673), except--</DELETED>
<DELETED> (1) to provide, as authorized by such Act,
consultation, technical assistance, educational and training
services, and to conduct surveys and studies;</DELETED>
<DELETED> (2) to conduct an inspection or investigation in
response to an employee complaint, to issue a citation for
violations found during such inspection, and to assess a
penalty for violations which are not corrected within a
reasonable abatement period and for any willful violations
found;</DELETED>
<DELETED> (3) to take any action authorized by such Act with
respect to imminent dangers;</DELETED>
<DELETED> (4) to take any action authorized by such Act with
respect to health hazards;</DELETED>
<DELETED> (5) to take any action authorized by such Act with
respect to a report of an employment accident which is fatal to
one or more employees or which results in hospitalization of
two or more employees, and to take any action pursuant to such
investigation authorized by such Act; and</DELETED>
<DELETED> (6) to take any action authorized by such Act with
respect to complaints of discrimination against employees for
exercising rights under such Act:</DELETED>
<DELETED>Provided further, That the foregoing proviso shall not apply
to any person who is engaged in a farming operation which does not
maintain a temporary labor camp and employs 10 or fewer
employees.</DELETED>
<DELETED>Mine Safety and Health Administration</DELETED>
<DELETED>salaries and expenses</DELETED>
<DELETED> For necessary expenses for the Mine Safety and Health
Administration, $251,725,000, including purchase and bestowal of
certificates and trophies in connection with mine rescue and first-aid
work, and the hire of passenger motor vehicles; including up to
$1,000,000 for mine rescue and recovery activities, which shall be
available only to the extent that fiscal year 2002 obligations for
these activities exceed $1,000,000; in addition, not to exceed $750,000
may be collected by the National Mine Health and Safety Academy for
room, board, tuition, and the sale of training materials, otherwise
authorized by law to be collected, to be available for mine safety and
health education and training activities, notwithstanding 31 U.S.C.
3302; and, in addition, the Mine Safety and Health Administration may
retain up to $1,000,000 from fees collected for the approval and
certification of equipment, materials, and explosives for use in mines,
and may utilize such sums for such activities; the Secretary is
authorized to accept lands, buildings, equipment, and other
contributions from public and private sources and to prosecute projects
in cooperation with other agencies, Federal, State, or private; the
Mine Safety and Health Administration is authorized to promote health
and safety education and training in the mining community through
cooperative programs with States, industry, and safety associations;
and any funds available to the Department may be used, with the
approval of the Secretary, to provide for the costs of mine rescue and
survival operations in the event of a major disaster.</DELETED>
<DELETED>Bureau of Labor Statistics</DELETED>
<DELETED>salaries and expenses</DELETED>
<DELETED> For necessary expenses for the Bureau of Labor Statistics,
including advances or reimbursements to State, Federal, and local
agencies and their employees for services rendered, $397,696,000,
together with not to exceed $69,132,000, which may be expended from the
Employment Security Administration Account in the Unemployment Trust
Fund; and $10,280,000, which shall be available for obligation for the
period of July 1, 2002, through June 30, 2003, for Occupational
Employment Statistics.</DELETED>
<DELETED>Office of Disability Employment Policy</DELETED>
<DELETED>salaries and expenses</DELETED>
<DELETED> For necessary expenses for the Office of Disability
Employment Policy to provide leadership, develop policy and
initiatives, and award grants furthering the objective of eliminating
barriers to the training and employment of people with disabilities,
$33,053,000, of which $2,640,000 shall be for the President's Task
Force on the Employment of Adults with Disabilities.</DELETED>
<DELETED>Departmental Management</DELETED>
<DELETED>salaries and expenses</DELETED>
<DELETED> For necessary expenses for Departmental Management,
including the hire of three sedans, and including the management or
operation, through contracts, grants or other arrangements of
Departmental bilateral and multilateral foreign technical assistance,
and $51,708,000 for the acquisition of Departmental information
technology, architecture, infrastructure, equipment, software and
related needs which will be allocated by the Department's Chief
Information Officer in accordance with the Department's capital
investment management process to assure a sound investment strategy;
$383,568,000; together with not to exceed $310,000, which may be
expended from the Employment Security Administration Account in the
Unemployment Trust Fund: Provided, That no funds made available by this
Act may be used by the Solicitor of Labor to participate in a review in
any United States court of appeals of any decision made by the Benefits
Review Board under section 21 of the Longshore and Harbor Workers'
Compensation Act (33 U.S.C. 921) where such participation is precluded
by the decision of the United States Supreme Court in Director, Office
of Workers' Compensation Programs v. Newport News Shipbuilding, 115 S.
Ct. 1278 (1995), notwithstanding any provisions to the contrary
contained in rule 15 of the Federal Rules of Appellate Procedure:
Provided further, That no funds made available by this Act may be used
by the Secretary of Labor to review a decision under the Longshore and
Harbor Workers' Compensation Act (33 U.S.C. 901 et seq.) that has been
appealed and that has been pending before the Benefits Review Board for
more than 12 months: Provided further, That any such decision pending a
review by the Benefits Review Board for more than 1 year shall be
considered affirmed by the Benefits Review Board on the 1-year
anniversary of the filing of the appeal, and shall be considered the
final order of the Board for purposes of obtaining a review in the
United States courts of appeals: Provided further, That these
provisions shall not be applicable to the review or appeal of any
decision issued under the Black Lung Benefits Act (30 U.S.C. 901 et
seq.).</DELETED>
<DELETED>assistant secretary for veterans employment and
training</DELETED>
<DELETED> Not to exceed $186,903,000 may be derived from the
Employment Security Administration Account in the Unemployment Trust
Fund to carry out the provisions of 38 U.S.C. 4100-4110A, 4212, 4214,
and 4321-4327, and Public Law 103-353, and which shall be available for
obligation by the States through December 31, 2002. To carry out the
Stewart B. McKinney Homeless Assistance Act and section 168 of the
Workforce Investment Act of 1998, $24,800,000, of which $7,300,000
shall be available for obligation for the period July 1, 2002, through
June 30, 2003.</DELETED>
<DELETED>office of inspector general</DELETED>
<DELETED> For salaries and expenses of the Office of Inspector
General in carrying out the provisions of the Inspector General Act of
1978, as amended, $52,182,000, together with not to exceed $4,951,000,
which may be expended from the Employment Security Administration
Account in the Unemployment Trust Fund.</DELETED>
<DELETED>GENERAL PROVISIONS</DELETED>
<DELETED> Sec. 101. None of the funds appropriated in this title for
the Job Corps shall be used to pay the compensation of an individual,
either as direct costs or any proration as an indirect cost, at a rate
in excess of Executive Level II.</DELETED>
<DELETED>(transfer of funds)</DELETED>
<DELETED> Sec. 102. Not to exceed 1 percent of any discretionary
funds (pursuant to the Balanced Budget and Emergency Deficit Control
Act of 1985, as amended) which are appropriated for the current fiscal
year for the Department of Labor in this Act may be transferred between
appropriations, but no such appropriation shall be increased by more
than 3 percent by any such transfer: Provided, That the Appropriations
Committees of both Houses of Congress are notified at least 15 days in
advance of any transfer.</DELETED>
<DELETED> This title may be cited as the ``Department of Labor
Appropriations Act, 2002''.</DELETED>
<DELETED>TITLE II--DEPARTMENT OF HEALTH AND HUMAN SERVICES</DELETED>
<DELETED>Health Resources and Services Administration</DELETED>
<DELETED>health resources and services</DELETED>
<DELETED> For carrying out titles II, III, VII, VIII, X, XII, XIX,
and XXVI of the Public Health Service Act, section 427(a) of the
Federal Coal Mine Health and Safety Act, title V and sections 1128E and
1820 of the Social Security Act, the Health Care Quality Improvement
Act of 1986, as amended, the Native Hawaiian Health Care Act of 1988,
as amended, the Cardiac Arrest Survival Act of 2000, and the Poison
Control Center Enhancement and Awareness Act, $5,691,480,000, of which
$35,000,000 from general revenues, notwithstanding section 1820(j) of
the Social Security Act, shall be available for carrying out the
Medicare rural hospital flexibility grants program under section 1820
of such Act: Provided, That of the funds made available under this
heading, $250,000 shall be available until expended for facilities
renovations at the Gillis W. Long Hansen's Disease Center: Provided
further, That in addition to fees authorized by section 427(b) of the
Health Care Quality Improvement Act of 1986, fees shall be collected
for the full disclosure of information under the Act sufficient to
recover the full costs of operating the National Practitioner Data
Bank, and shall remain available until expended to carry out that Act:
Provided further, That fees collected for the full disclosure of
information under the ``Health Care Fraud and Abuse Data Collection
Program,'' authorized by section 1128E(d)(2) of the Social Security
Act, shall be sufficient to recover the full costs of operating the
program, and shall remain available until expended to carry out that
Act: Provided further, That no more than $15,000,000 is available for
carrying out the provisions of Public Law 104-73: Provided further,
That of the funds made available under this heading, $264,170,000 shall
be for the program under title X of the Public Health Service Act to
provide for voluntary family planning projects: Provided further, That
amounts provided to said projects under such title shall not be
expended for abortions, that all pregnancy counseling shall be
nondirective, and that such amounts shall not be expended for any
activity (including the publication or distribution of literature) that
in any way tends to promote public support or opposition to any
legislative proposal or candidate for public office: Provided further,
That $649,000,000 shall be for State AIDS Drug Assistance Programs
authorized by section 2616 of the Public Health Service Act: Provided
further, That, notwithstanding section 502(a)(1) of the Social Security
Act, not to exceed $116,145,000 is available for carrying out special
projects of regional and national significance pursuant to section
501(a)(2) of such Act. For special projects of regional and national
significance under section 501(a)(2) of the Social Security Act,
$10,000,000: Provided further, That such amount shall not be counted
toward compliance with the allocation required in section 502(a)(1) of
such Act: Provided further, That such amount shall be used only for
making competitive grants to provide abstinence education (as defined
in section 510(b)(2) of such Act) to adolescents and for evaluations
(including longitudinal evaluations) of activities under the grants and
for Federal costs of administering the grants: Provided further, That
grants shall be made only to public and private entities which agree
that, with respect to an adolescent to whom the entities provide
abstinence education under such grant, the entities will not provide to
that adolescent any other education regarding sexual conduct, except
that, in the case of an entity expressly required by law to provide
health information or services the adolescent shall not be precluded
from seeking health information or services from the entity in a
different setting than the setting in which the abstinence education
was provided: Provided further, That the funds expended for such
evaluations may not exceed 3.5 percent of such amount.</DELETED>
<DELETED>health education assistance loans program</DELETED>
<DELETED> Such sums as may be necessary to carry out the purpose of
the program, as authorized by title VII of the Public Health Service
Act, as amended. For administrative expenses to carry out the
guaranteed loan program, including section 709 of the Public Health
Service Act, $3,792,000.</DELETED>
<DELETED>vaccine injury compensation program trust fund</DELETED>
<DELETED> For payments from the Vaccine Injury Compensation Program
Trust Fund, such sums as may be necessary for claims associated with
vaccine-related injury or death with respect to vaccines administered
after September 30, 1988, pursuant to subtitle 2 of title XXI of the
Public Health Service Act, to remain available until expended:
Provided, That for necessary administrative expenses, not to exceed
$2,992,000 shall be available from the Trust Fund to the Secretary of
Health and Human Services.</DELETED>
<DELETED>Centers for Disease Control and Prevention</DELETED>
<DELETED>disease control, research, and training</DELETED>
<DELETED> To carry out titles II, III, VII, XI, XV, XVII, XIX, and
XXVI of the Public Health Service Act, sections 101, 102, 103, 201,
202, 203, 301, and 501 of the Federal Mine Safety and Health Act of
1977, sections 20, 21, and 22 of the Occupational Safety and Health Act
of 1970, title IV of the Immigration and Nationality Act, and section
501 of the Refugee Education Assistance Act of 1980; including
insurance of official motor vehicles in foreign countries; and hire,
maintenance, and operation of aircraft, $4,077,060,000, of which
$175,000,000 shall remain available until expended for equipment and
construction and renovation of facilities, and of which $137,527,000
for international HIV/AIDS shall remain available until September 30,
2003, and in addition, such sums as may be derived from authorized user
fees, which shall be credited to this account: Provided, That in
addition to amounts provided herein, up to $93,964,000 shall be
available from amounts available under section 241 of the Public Health
Service Act to carry out the National Center for Health Statistics
surveys: Provided further, That none of the funds made available for
injury prevention and control at the Centers for Disease Control and
Prevention may be used to advocate or promote gun control: Provided
further, That the Director may redirect the total amount made available
under authority of Public Law 101-502, section 3, dated November 3,
1990, to activities the Director may so designate: Provided further,
That the Congress is to be notified promptly of any such transfer:
Provided further, That not to exceed $10,000,000 may be available for
making grants under section 1509 of the Public Health Service Act to
not more than 15 States.</DELETED>
<DELETED>National Institutes of Health</DELETED>
<DELETED>national cancer institute</DELETED>
<DELETED> For carrying out section 301 and title IV of the Public
Health Service Act with respect to cancer, $4,146,291,000.</DELETED>
<DELETED>national heart, lung, and blood institute</DELETED>
<DELETED> For carrying out section 301 and title IV of the Public
Health Service Act with respect to cardiovascular, lung, and blood
diseases, and blood and blood products, $2,547,675,000.</DELETED>
<DELETED>national institute of dental and craniofacial
research</DELETED>
<DELETED> For carrying out section 301 and title IV of the Public
Health Service Act with respect to dental disease,
$339,268,000.</DELETED>
<DELETED>national institute of diabetes and digestive and kidney
diseases</DELETED>
<DELETED> For carrying out section 301 and title IV of the Public
Health Service Act with respect to diabetes and digestive and kidney
disease, $1,446,705,000.</DELETED>
<DELETED>national institute of neurological disorders and
stroke</DELETED>
<DELETED> For carrying out section 301 and title IV of the Public
Health Service Act with respect to neurological disorders and stroke,
$1,306,321,000.</DELETED>
<DELETED>national institute of allergy and infectious
diseases</DELETED>
<DELETED>(including transfer of funds)</DELETED>
<DELETED> For carrying out section 301 and title IV of the Public
Health Service Act with respect to allergy and infectious diseases,
$2,337,204,000: Provided, That the Director may transfer up to
$25,000,000 to International Assistance Programs, ``Global Fund to
Fight HIV/AIDS, Malaria, and Tuberculosis,'' to remain available until
expended.</DELETED>
<DELETED>national institute of general medical sciences</DELETED>
<DELETED> For carrying out section 301 and title IV of the Public
Health Service Act with respect to general medical sciences,
$1,706,968,000.</DELETED>
<DELETED>national institute of child health and human
development</DELETED>
<DELETED> For carrying out section 301 and title IV of the Public
Health Service Act with respect to child health and human development,
$1,088,208,000.</DELETED>
<DELETED>national eye institute</DELETED>
<DELETED> For carrying out section 301 and title IV of the Public
Health Service Act with respect to eye diseases and visual disorders,
$566,725,000.</DELETED>
<DELETED>national institute of environmental health sciences</DELETED>
<DELETED> For carrying out sections 301 and 311 and title IV of the
Public Health Service Act with respect to environmental health
sciences, $557,435,000.</DELETED>
<DELETED>national institute on aging</DELETED>
<DELETED> For carrying out section 301 and title IV of the Public
Health Service Act with respect to aging, $873,186,000.</DELETED>
<DELETED>national institute of arthritis and musculoskeletal and skin
diseases</DELETED>
<DELETED> For carrying out section 301 and title IV of the Public
Health Service Act with respect to arthritis and musculoskeletal and
skin diseases, $440,144,000.</DELETED>
<DELETED>national institute on deafness and other communication
disorders</DELETED>
<DELETED> For carrying out section 301 and title IV of the Public
Health Service Act with respect to deafness and other communication
disorders, $334,161,000.</DELETED>
<DELETED>national institute of nursing research</DELETED>
<DELETED> For carrying out section 301 and title IV of the Public
Health Service Act with respect to nursing research,
$116,773,000.</DELETED>
<DELETED>national institute on alcohol abuse and alcoholism</DELETED>
<DELETED> For carrying out section 301 and title IV of the Public
Health Service Act with respect to alcohol abuse and alcoholism,
$379,026,000.</DELETED>
<DELETED>national institute on drug abuse</DELETED>
<DELETED> For carrying out section 301 and title IV of the Public
Health Service Act with respect to drug abuse, $900,389,000.</DELETED>
<DELETED>national institute of mental health</DELETED>
<DELETED> For carrying out section 301 and title IV of the Public
Health Service Act with respect to mental health,
$1,228,780,000.</DELETED>
<DELETED>national human genome research institute</DELETED>
<DELETED> For carrying out section 301 and title IV of the Public
Health Service Act with respect to human genome research,
$423,454,000.</DELETED>
<DELETED>national institute of biomedical imaging and
bioengineering</DELETED>
<DELETED> For carrying out section 301 and title IV of the Public
Health Service Act with respect to biomedical imaging and
bioengineering, $39,896,000.</DELETED>
<DELETED>national center for research resources</DELETED>
<DELETED> For carrying out section 301 and title IV of the Public
Health Service Act with respect to research resources and general
research support grants, $966,541,000: Provided, That none of these
funds shall be used to pay recipients of the general research support
grants program any amount for indirect expenses in connection with such
grants: Provided further, That $97,000,000 shall be for extramural
facilities construction grants, of which $5,000,000 shall be for
beginning construction of facilities for a Chimp Sanctuary system as
authorized in Public Law 106-551.</DELETED>
<DELETED>john e. fogarty international center</DELETED>
<DELETED> For carrying out the activities at the John E. Fogarty
International Center, $56,021,000.</DELETED>
<DELETED>national library of medicine</DELETED>
<DELETED> For carrying out section 301 and title IV of the Public
Health Service Act with respect to health information communications,
$273,610,000, of which $4,000,000 shall be available until expended for
improvement of information systems: Provided, That in fiscal year 2002,
the Library may enter into personal services contracts for the
provision of services in facilities owned, operated, or constructed
under the jurisdiction of the National Institutes of Health.</DELETED>
<DELETED>national center for complementary and alternative
medicine</DELETED>
<DELETED> For carrying out section 301 and title IV of the Public
Health Service Act with respect to complementary and alternative
medicine, $99,288,000.</DELETED>
<DELETED>national center on minority health and health
disparities</DELETED>
<DELETED> For carrying out section 301 and title IV of the Public
Health Service Act with respect to minority health and health
disparities research, $157,204,000.</DELETED>
<DELETED>office of the director</DELETED>
<DELETED>(including transfer of funds)</DELETED>
<DELETED> For carrying out the responsibilities of the Office of the
Director, National Institutes of Health, $232,098,000, of which
$53,540,000 shall be for the Office of AIDS Research: Provided, That
funding shall be available for the purchase of not to exceed 29
passenger motor vehicles for replacement only: Provided further, That
the Director may direct up to 1 percent of the total amount made
available in this or any other Act to all National Institutes of Health
appropriations to activities the Director may so designate: Provided
further, That no such appropriation shall be decreased by more than 1
percent by any such transfers and that the Congress is promptly
notified of the transfer: Provided further, That the National
Institutes of Health is authorized to collect third party payments for
the cost of clinical services that are incurred in National Institutes
of Health research facilities and that such payments shall be credited
to the National Institutes of Health Management Fund: Provided further,
That all funds credited to the National Institutes of Health Management
Fund shall remain available for 1 fiscal year after the fiscal year in
which they are deposited.</DELETED>
<DELETED>buildings and facilities</DELETED>
<DELETED>(including transfer of funds)</DELETED>
<DELETED> For the study of, construction of, and acquisition of
equipment for, facilities of or used by the National Institutes of
Health, including the acquisition of real property, $311,600,000, to
remain available until expended, of which $26,000,000 shall be for the
John Edward Porter Neuroscience Research Center: Provided, That
notwithstanding any other provision of law, single contracts or related
contracts, which collectively include the full scope of the project,
may be employed for the development and construction of the first and
second phases of the John Edward Porter Neuroscience Research Center:
Provided further, That the solicitations and contracts shall contain
the clause ``availability of funds'' found at 48 CFR 52.232-18:
Provided further, That the Director may transfer up to $75,000,000 to
International Assistance Programs, ``Global Fund to Fight HIV/AIDS,
Malaria, and Tuberculosis,'' to remain available until
expended.</DELETED>
<DELETED>Substance Abuse and Mental Health Services
Administration</DELETED>
<DELETED>substance abuse and mental health services</DELETED>
<DELETED> For carrying out titles V and XIX of the Public Health
Service Act with respect to substance abuse and mental health services,
the Protection and Advocacy for Mentally Ill Individuals Act of 1986,
and section 301 of the Public Health Service Act with respect to
program management, $3,131,558,000.</DELETED>
<DELETED>Agency for Healthcare Research and Quality</DELETED>
<DELETED>healthcare research and quality</DELETED>
<DELETED> For carrying out titles III and IX of the Public Health
Service Act, and part A of title XI of the Social Security Act,
$168,435,000; in addition, amounts received from Freedom of Information
Act fees, reimbursable and interagency agreements, and the sale of data
shall be credited to this appropriation and shall remain available
until expended: Provided, That the amount made available pursuant to
section 926(b) of the Public Health Service Act shall not exceed
$137,810,000.</DELETED>
<DELETED>Health Care Financing Administration</DELETED>
<DELETED>grants to states for medicaid</DELETED>
<DELETED> For carrying out, except as otherwise provided, titles XI
and XIX of the Social Security Act, $106,821,882,000, to remain
available until expended.</DELETED>
<DELETED> For making, after May 31, 2002, payments to States under
title XIX of the Social Security Act for the last quarter of fiscal
year 2002 for unanticipated costs, incurred for the current fiscal
year, such sums as may be necessary.</DELETED>
<DELETED> For making payments to States or in the case of section
1928 on behalf of States under title XIX of the Social Security Act for
the first quarter of fiscal year 2003, $46,601,937,000, to remain
available until expended.</DELETED>
<DELETED> Payment under title XIX may be made for any quarter with
respect to a State plan or plan amendment in effect during such
quarter, if submitted in or prior to such quarter and approved in that
or any subsequent quarter.</DELETED>
<DELETED>payments to health care trust funds</DELETED>
<DELETED> For payment to the Federal Hospital Insurance and the
Federal Supplementary Medical Insurance Trust Funds, as provided under
section 1844 of the Social Security Act, sections 103(c) and 111(d) of
the Social Security Amendments of 1965, section 278(d) of Public Law
97-248, and for administrative expenses incurred pursuant to section
201(g) of the Social Security Act, $81,924,200,000.</DELETED>
<DELETED>program management</DELETED>
<DELETED> For carrying out, except as otherwise provided, titles XI,
XVIII, XIX, and XXI of the Social Security Act, titles XIII and XXVII
of the Public Health Service Act, and the Clinical Laboratory
Improvement Amendments of 1988, not to exceed $2,361,158,000, to be
transferred from the Federal Hospital Insurance and the Federal
Supplementary Medical Insurance Trust Funds, as authorized by section
201(g) of the Social Security Act; together with all funds collected in
accordance with section 353 of the Public Health Service Act and
section 1857(e)(2) of the Social Security Act, and such sums as may be
collected from authorized user fees and the sale of data, which shall
remain available until expended: Provided, That all funds derived in
accordance with 31 U.S.C. 9701 from organizations established under
title XIII of the Public Health Service Act shall be credited to and
available for carrying out the purposes of this appropriation: Provided
further, That $18,200,000 appropriated under this heading for the
managed care system redesign shall remain available until expended:
Provided further, That the Secretary of Health and Human Services is
directed to collect fees in fiscal year 2002 from Medicare+Choice
organizations pursuant to section 1857(e)(2) of the Social Security Act
and from eligible organizations with risk-sharing contracts under
section 1876 of that Act pursuant to section 1876(k)(4)(D) of that Act:
Provided further, That, for the current fiscal year, not more than
$680,000,000 may be made available under section 1817(k)(4) of the
Social Security Act (42 U.S.C. 1395i(k)(4)) from the Health Care Fraud
and Abuse Control Account of the Federal Hospital Insurance Trust Fund
to carry out the Medicare Integrity Program under section 1893 of such
Act.</DELETED>
<DELETED>health maintenance organization loan and loan guarantee
fund</DELETED>
<DELETED> For carrying out subsections (d) and (e) of section 1308
of the Public Health Service Act, any amounts received by the Secretary
in connection with loans and loan guarantees under title XIII of the
Public Health Service Act, to be available without fiscal year
limitation for the payment of outstanding obligations. During fiscal
year 2002, no commitments for direct loans or loan guarantees shall be
made.</DELETED>
<DELETED>Administration for Children and Families</DELETED>
<DELETED>payments to states for child support enforcement and family
support programs</DELETED>
<DELETED> For making payments to States or other non-Federal
entities under titles I, IV-D, X, XI, XIV, and XVI of the Social
Security Act and the Act of July 5, 1960 (24 U.S.C. ch. 9),
$2,447,800,000, to remain available until expended; and for such
purposes for the first quarter of fiscal year 2003, $1,100,000,000, to
remain available until expended.</DELETED>
<DELETED> For making payments to each State for carrying out the
program of Aid to Families with Dependent Children under title IV-A of
the Social Security Act before the effective date of the program of
Temporary Assistance to Needy Families (TANF) with respect to such
State, such sums as may be necessary: Provided, That the sum of the
amounts available to a State with respect to expenditures under such
title IV-A in fiscal year 1997 under this appropriation and under such
title IV-A as amended by the Personal Responsibility and Work
Opportunity Reconciliation Act of 1996 shall not exceed the limitations
under section 116(b) of such Act.</DELETED>
<DELETED> For making, after May 31 of the current fiscal year,
payments to States or other non-Federal entities under titles I, IV-D,
X, XI, XIV, and XVI of the Social Security Act and the Act of July 5,
1960 (24 U.S.C. ch. 9), for the last 3 months of the current fiscal
year for unanticipated costs, incurred for the current fiscal year,
such sums as may be necessary.</DELETED>
<DELETED>low income home energy assistance</DELETED>
<DELETED> For making payments under title XXVI of the Omnibus Budget
Reconciliation Act of 1981, $1,700,000,000.</DELETED>
<DELETED> For making payments under title XXVI of the Omnibus Budget
Reconciliation Act of 1981, $300,000,000: Provided, That these funds
are for the unanticipated home energy assistance needs of one or more
States, as authorized by section 2604(e) of the Act and notwithstanding
the designation requirement of section 2602(e) of such Act: Provided
further, That these funds are hereby designated by Congress to be
emergency requirements pursuant to section 251(b)(2)(A) of the Balanced
Budget and Emergency Deficit Control Act of 1985: Provided further,
That these funds shall be made available only after submission to
Congress of a formal budget request by the President 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.</DELETED>
<DELETED>refugee and entrant assistance</DELETED>
<DELETED> For making payments for refugee and entrant assistance
activities authorized by title IV of the Immigration and Nationality
Act and section 501 of the Refugee Education Assistance Act of 1980
(Public Law 96-422), $450,224,000: Provided, That funds appropriated
pursuant to section 414(a) of the Immigration and Nationality Act for
fiscal year 2002 shall be available for the costs of assistance
provided and other activities through September 30, 2004: Provided
further, That up to $10,000,000 is available to carry out the
Trafficking Victims Protection Act of 2000.</DELETED>
<DELETED> For carrying out section 5 of the Torture Victims Relief
Act of 1998 (Public Law 105-320), $10,000,000.</DELETED>
<DELETED>payments to states for the child care and development block
grant</DELETED>
<DELETED> For carrying out sections 658A through 658R of the Omnibus
Budget Reconciliation Act of 1981 (The Child Care and Development Block
Grant Act of 1990), $2,199,987,000 shall be used to supplement, not
supplant state general revenue funds for child care assistance for low-
income families: Provided, That $19,120,000 shall be available for
child care resource and referral and school-aged child care activities:
Provided further, That, in addition to the amounts required to be
reserved by the States under section 658G, $272,672,000 shall be
reserved by the States for activities authorized under section 658G, of
which $100,000,000 shall be for activities that improve the quality of
infant and toddler care: Provided further, That $10,000,000 shall be
for use by the Secretary for child care research, demonstration, and
evaluation activities.</DELETED>
<DELETED>social services block grant</DELETED>
<DELETED> For making grants to States pursuant to section 2002 of
the Social Security Act, $1,700,000,000: Provided, That notwithstanding
subparagraph (B) of section 404(d)(2) of such Act, the applicable
percent specified under such subparagraph for a State to carry out
State programs pursuant to title XX of such Act shall be 10
percent.</DELETED>
<DELETED>children and families services programs</DELETED>
<DELETED>(including rescissions)</DELETED>
<DELETED> For carrying out, except as otherwise provided, the
Runaway and Homeless Youth Act, the Developmental Disabilities
Assistance and Bill of Rights Act, the Head Start Act, the Child Abuse
Prevention and Treatment Act, the Native American Programs Act of 1974,
title II of Public Law 95-266 (adoption opportunities), the Adoption
and Safe Families Act of 1997 (Public Law 105-89), the Abandoned
Infants Assistance Act of 1988, part B(1) of title IV and sections 413,
429A, 1110, and 1115 of the Social Security Act, and sections 40155,
40211, and 40241 of Public Law 103-322; for making payments under the
Community Services Block Grant Act, section 473A of the Social Security
Act, and title IV of Public Law 105-285, and for necessary
administrative expenses to carry out said Acts and titles I, IV, X, XI,
XIV, XVI, and XX of the Social Security Act, the Act of July 5, 1960
(24 U.S.C. ch. 9), the Omnibus Budget Reconciliation Act of 1981, title
IV of the Immigration and Nationality Act, section 501 of the Refugee
Education Assistance Act of 1980, section 5 of the Torture Victims
Relief Act of 1998 (Public Law 105-320), sections 40155, 40211, and
40241 of Public Law 103-322, and section 126 and titles IV and V of
Public Law 100-485, $8,275,442,000, of which $43,000,000, to remain
available until September 30, 2003, shall be for grants to States for
adoption incentive payments, as authorized by section 473A of title IV
of the Social Security Act (42 U.S.C. 670-679) and may be made for
adoptions completed in fiscal years 2000 and 2001; of which
$620,000,000 shall be for making payments under the Community Services
Block Grant Act; and of which $6,475,812,000 shall be for making
payments under the Head Start Act, of which $1,400,000,000 shall become
available October 1, 2002, and remain available through September 30,
2003: Provided, That to the extent Community Services Block Grant funds
are distributed as grant funds by a State to an eligible entity as
provided under the Act, and have not been expended by such entity, they
shall remain with such entity for carryover into the next fiscal year
for expenditure by such entity consistent with program purposes:
Provided further, That the Secretary shall establish procedures
regarding the disposition of intangible property which permits grant
funds, or intangible assets acquired with funds authorized under
section 680 of the Community Services Block Grant Act, as amended, to
become the sole property of such grantees after a period of not more
than 12 years after the end of the grant for purposes and uses
consistent with the original grant.</DELETED>
<DELETED> Funds appropriated for fiscal year 2002 under section
429A(e), part B of title IV of the Social Security Act shall be reduced
by $6,000,000.</DELETED>
<DELETED> Funds appropriated for fiscal year 2002 under section
413(h)(1) of the Social Security Act shall be reduced by
$15,000,000.</DELETED>
<DELETED>promoting safe and stable families</DELETED>
<DELETED> For carrying out subpart 2 of part B of title IV of the
Social Security Act, $305,000,000. In addition, for such purposes,
$70,000,000 to carry out such subpart.</DELETED>
<DELETED>payments to states for foster care and adoption
assistance</DELETED>
<DELETED> For making payments to States or other non-Federal
entities under title IV-E of the Social Security Act,
$4,885,600,000.</DELETED>
<DELETED> For making payments to States or other non-Federal
entities under title IV-E of the Social Security Act, for the first
quarter of fiscal year 2003, $1,754,000,000.</DELETED>
<DELETED>Administration on Aging</DELETED>
<DELETED>aging services programs</DELETED>
<DELETED> For carrying out, to the extent not otherwise provided,
the Older Americans Act of 1965, as amended, and section 398 of the
Public Health Service Act, $1,144,832,000.</DELETED>
<DELETED>Office of the Secretary</DELETED>
<DELETED>general departmental management</DELETED>
<DELETED> For necessary expenses, not otherwise provided, for
general departmental management, including hire of six sedans, and for
carrying out titles III, XVII, and XX of the Public Health Service Act,
and the United States-Mexico Border Health Commission Act,
$333,036,000, together with $5,851,000, to be transferred and expended
as authorized by section 201(g)(1) of the Social Security Act from the
Hospital Insurance Trust Fund and the Supplemental Medical Insurance
Trust Fund: Provided, That of this amount $50,000,000 shall be
available for minority AIDS prevention and treatment activities; and
$25,000,000 shall be available for an Information Technology Security
and Innovation Fund for Department-wide activities involving
cybersecurity, information technology security, and related innovation
projects: Provided further, That no funds shall be obligated for
minority AIDS prevention and treatment activities until the Department
submits an operating plan to the House and Senate Committees on
Appropriations.</DELETED>
<DELETED>office of inspector general</DELETED>
<DELETED> For expenses necessary for the Office of Inspector General
in carrying out the provisions of the Inspector General Act of 1978, as
amended, $35,786,000: Provided, That, of such amount, necessary sums
are available for providing protective services to the Secretary and
investigating non-payment of child support cases for which non-payment
is a Federal offense under 18 U.S.C. section 228: Provided further,
That, for the current fiscal year, not more than $130,000,000 may be
made available under section 1817(k)(3)(A) of the Social Security Act
(42 U.S.C. 1395i(k)(3)(A)) from the Health Care Fraud and Abuse Control
Account of the Federal Hospital Insurance Trust Fund for purposes of
the activities of the Office of Inspector General with respect to the
Medicare and Medicaid programs.</DELETED>
<DELETED>office for civil rights</DELETED>
<DELETED> For expenses necessary for the Office for Civil Rights,
$28,691,000, together with not to exceed $3,314,000, to be transferred
and expended as authorized by section 201(g)(1) of the Social Security
Act from the Hospital Insurance Trust Fund and the Supplemental Medical
Insurance Trust Fund.</DELETED>
<DELETED>policy research</DELETED>
<DELETED> For carrying out, to the extent not otherwise provided,
research studies under section 1110 of the Social Security Act and
title III of the Public Health Service Act, $2,500,000: Provided, That
in addition to amounts provided herein, funds from amounts available
under section 241 of the Public Health Service Act may be used to carry
out national health or human services research and evaluation
activities: Provided further, That the expenditure of any funds
available under section 241 of the Public Health Service Act are
subject to the requirements of section 205 of this Act.</DELETED>
<DELETED>retirement pay and medical benefits for commissioned
officers</DELETED>
<DELETED> For retirement pay and medical benefits of Public Health
Service Commissioned Officers as authorized by law, for payments under
the Retired Serviceman's Family Protection Plan and Survivor Benefit
Plan, for medical care of dependents and retired personnel under the
Dependents' Medical Care Act (10 U.S.C. ch. 55), and for payments
pursuant to section 229(b) of the Social Security Act (42 U.S.C.
429(b)), such amounts as may be required during the current fiscal
year.</DELETED>
<DELETED>public health and social services emergency fund</DELETED>
<DELETED> For expenses necessary to support activities related to
countering potential biological, disease and chemical threats to
civilian populations, $300,619,000: Provided, That this amount is
distributed as follows: Centers for Disease Control and Prevention,
$231,919,000, of which $52,000,000 shall remain available until
expended for the National Pharmaceutical Stockpile; and Office of
Emergency Preparedness, $68,700,000.</DELETED>
<DELETED>GENERAL PROVISIONS</DELETED>
<DELETED> Sec. 201. Funds appropriated in this title shall be
available for not to exceed $37,000 for official reception and
representation expenses when specifically approved by the
Secretary.</DELETED>
<DELETED> Sec. 202. The Secretary shall make available through
assignment not more than 60 employees of the Public Health Service to
assist in child survival activities and to work in AIDS programs
through and with funds provided by the Agency for International
Development, the United Nations International Children's Emergency Fund
or the World Health Organization.</DELETED>
<DELETED> Sec. 203. None of the funds appropriated under this Act
may be used to implement section 399L(b) of the Public Health Service
Act or section 1503 of the National Institutes of Health Revitalization
Act of 1993, Public Law 103-43.</DELETED>
<DELETED> Sec. 204. None of the funds appropriated in this Act for
the National Institutes of Health and the Substance Abuse and Mental
Health Services Administration shall be used to pay the salary of an
individual, through a grant or other extramural mechanism, at a rate in
excess of Executive Level II.</DELETED>
<DELETED> Sec. 205. None of the funds appropriated in this Act may
be expended pursuant to section 241 of the Public Health Service Act,
except for funds specifically provided for in this Act, or for other
taps and assessments made by any office located in the Department of
Health and Human Services, prior to the Secretary's preparation and
submission of a report to the Committee on Appropriations of the Senate
and of the House detailing the planned uses of such funds.</DELETED>
<DELETED>(transfer of funds)</DELETED>
<DELETED> Sec. 206. Not to exceed 1 percent of any discretionary
funds (pursuant to the Balanced Budget and Emergency Deficit Control
Act of 1985, as amended) which are appropriated for the current fiscal
year for the Department of Health and Human Services in this Act may be
transferred between appropriations, but no such appropriation shall be
increased by more than 10 percent by any such transfer: Provided, That
the Appropriations Committees of both Houses of Congress are notified
at least 15 days in advance of any transfer.</DELETED>
<DELETED> Sec. 207. The Director of the National Institutes of
Health, jointly with the Director of the Office of AIDS Research, may
transfer up to 3 percent among institutes, centers, and divisions from
the total amounts identified by these two Directors as funding for
research pertaining to the human immunodeficiency virus: Provided, That
the Congress is promptly notified of the transfer.</DELETED>
<DELETED> Sec. 208. Of the amounts made available in this Act for
the National Institutes of Health, the amount for research related to
the human immunodeficiency virus, as jointly determined by the Director
of the National Institutes of Health and the Director of the Office of
AIDS Research, shall be made available to the ``Office of AIDS
Research'' account. The Director of the Office of AIDS Research shall
transfer from such account amounts necessary to carry out section
2353(d)(3) of the Public Health Service Act.</DELETED>
<DELETED> Sec. 209. None of the funds appropriated in this Act may
be made available to any entity under title X of the Public Health
Service Act unless the applicant for the award certifies to the
Secretary that it encourages family participation in the decision of
minors to seek family planning services and that it provides counseling
to minors on how to resist attempts to coerce minors into engaging in
sexual activities.</DELETED>
<DELETED> Sec. 210. None of the funds appropriated by this Act
(including funds appropriated to any trust fund) may be used to carry
out the Medicare+Choice program if the Secretary denies participation
in such program to an otherwise eligible entity (including a Provider
Sponsored Organization) because the entity informs the Secretary that
it will not provide, pay for, provide coverage of, or provide referrals
for abortions: Provided, That the Secretary shall make appropriate
prospective adjustments to the capitation payment to such an entity
(based on an actuarially sound estimate of the expected costs of
providing the service to such entity's enrollees): Provided further,
That nothing in this section shall be construed to change the Medicare
program's coverage for such services and a Medicare+Choice organization
described in this section shall be responsible for informing enrollees
where to obtain information about all Medicare covered
services.</DELETED>
<DELETED> Sec. 211. Notwithstanding any other provision of law, no
provider of services under title X of the Public Health Service Act
shall be exempt from any State law requiring notification or the
reporting of child abuse, child molestation, sexual abuse, rape, or
incest.</DELETED>
<DELETED> Sec. 212. (a) Except as provided by subsection (e) none of
the funds appropriated by this Act may be used to withhold substance
abuse funding from a State pursuant to section 1926 of the Public
Health Service Act (42 U.S.C. 300x-26) if such State certifies to the
Secretary of Health and Human Services by May 1, 2002 that the State
will commit additional State funds, in accordance with subsection (b),
to ensure compliance with State laws prohibiting the sale of tobacco
products to individuals under 18 years of age.</DELETED>
<DELETED> (b) The amount of funds to be committed by a State under
subsection (a) shall be equal to 1 percent of such State's substance
abuse block grant allocation for each percentage point by which the
State misses the retailer compliance rate goal established by the
Secretary of Health and Human Services under section 1926 of such
Act.</DELETED>
<DELETED> (c) The State is to maintain State expenditures in fiscal
year 2002 for tobacco prevention programs and for compliance activities
at a level that is not less than the level of such expenditures
maintained by the State for fiscal year 2001, and adding to that level
the additional funds for tobacco compliance activities required under
subsection (a). The State is to submit a report to the Secretary on all
fiscal year 2001 State expenditures and all fiscal year 2002
obligations for tobacco prevention and compliance activities by program
activity by July 31, 2002.</DELETED>
<DELETED> (d) The Secretary shall exercise discretion in enforcing
the timing of the State obligation of the additional funds required by
the certification described in subsection (a) as late as July 31,
2002.</DELETED>
<DELETED> (e) None of the funds appropriated by this Act may be used
to withhold substance abuse funding pursuant to section 1926 from a
territory that receives less than $1,000,000.</DELETED>
<DELETED> Sec. 213. (a) In order for the Centers for Disease Control
and Prevention to carry out international HIV/AIDS and other infectious
disease, chronic and environmental disease, and other health activities
abroad during fiscal year 2002, the Secretary of Health and Human
Services is authorized to--</DELETED>
<DELETED> (1) utilize the authorities contained in
subsection 2(c) of the State Department Basic Authorities Act
of 1956, as amended, subject to the limitations set forth in
subsection (b); and</DELETED>
<DELETED> (2) enter into reimbursable agreements with the
Department of State using any funds appropriated to the
Department of Health and Human Services, for the purposes for
which the funds were appropriated in accordance with authority
granted to the Secretary of Health and Human Services or under
authority governing the activities of the Department of
State.</DELETED>
<DELETED> (b) In exercising the authority set forth in subsection
(a)(1), the Secretary of Health and Human Services--</DELETED>
<DELETED> (1) shall not award contracts for performance of
an inherently governmental function; and</DELETED>
<DELETED> (2) shall follow otherwise applicable Federal
procurement laws and regulations to the maximum extent
practicable.</DELETED>
<DELETED> Sec. 214. The Division of Federal Occupational Health may
utilize personal services contracting to employ professional
management/administrative and occupational health
professionals.</DELETED>
<DELETED> Sec. 215. Of the funds appropriated for the National
Institutes of Health for fiscal year 2002, $2,875,000,000 shall not be
available for obligation until September 30, 2002.</DELETED>
<DELETED> This title may be cited as the ``Department of Health and
Human Services Appropriations Act, 2002''.</DELETED>
<DELETED>TITLE III--DEPARTMENT OF EDUCATION</DELETED>
<DELETED>education for the disadvantaged</DELETED>
<DELETED> For carrying out title I of the Elementary and Secondary
Education Act of 1965, as redesignated and amended by H.R. 1 of the
107th Congress, as passed by the House of Representatives on May 23,
2001, and section 418A of the Higher Education Act of 1965,
$12,547,900,000, of which $5,667,700,000 shall become available on July
1, 2002, and shall remain available through September 30, 2003, and of
which $6,758,300,000 shall become available on October 1, 2002 and
shall remain available through September 30, 2003, for academic year
2002-2003: Provided, That $8,037,000,000 shall be available for basic
grants under section 1124: Provided further, That $1,684,000,000 shall
be available for concentration grants under section 1124A: Provided
further, That $779,000,000 shall be available for targeted grants under
section 1125.</DELETED>
<DELETED>impact aid</DELETED>
<DELETED> For carrying out programs of financial assistance to
federally affected schools authorized by title VI of the Elementary and
Secondary Education Act of 1965, as redesignated and amended by H.R. 1
of the 107th Congress, as passed by the House of Representatives on May
23, 2001, $1,130,500,000, of which $982,500,000 shall be for basic
support payments under section 8003(b), $50,000,000 shall be for
payments for children with disabilities under section 8003(d),
$35,000,000 shall be for construction under section 8007, $55,000,000
shall be for Federal property payments under section 8002, and
$8,000,000, to remain available until expended, shall be for facilities
maintenance under section 8008.</DELETED>
<DELETED>school improvement programs</DELETED>
<DELETED> For carrying out school improvement activities authorized
by titles I-B, E and G, II, III-A, IV, V and VII-A of the Elementary
and Secondary Education Act of 1965, as redesignated and amended by
H.R. 1 of the 107th Congress, as passed by the House of Representatives
on May 23, 2001; the Stewart B. McKinney Homeless Assistance Act; the
Civil Rights Act of 1964; section 10105, part B of title IX and part A
of title XIII of the Elementary and Secondary Education Act of 1965;
and part B of title VIII of the Higher Education Act of 1965;
$7,673,084,000, of which $2,178,750,000 shall become available on July
1, 2002, and remain available through September 30, 2003, and of which
$1,960,000,000 shall become available on October 1, 2002, and shall
remain available through September 30, 2003, for academic year 2002-
2003.</DELETED>
<DELETED>indian education</DELETED>
<DELETED> For expenses necessary to carry out, to the extent not
otherwise provided, title III, part A of the Elementary and Secondary
Education Act of 1965, as redesignated and amended by H.R. 1 of the
107th Congress, as passed by the House of Representatives on May 23,
2001, $123,235,000.</DELETED>
<DELETED>bilingual and immigrant education</DELETED>
<DELETED> For carrying out, to the extent not otherwise provided,
bilingual, foreign language and immigrant education activities
authorized by title III-A of the Elementary and Secondary Education Act
of 1965, as redesignated and amended by H.R. 1 of the 107th Congress,
as passed by the House of Representatives on May 23, 2001,
$700,000,000.</DELETED>
<DELETED>special education</DELETED>
<DELETED> For carrying out the Individuals with Disabilities
Education Act, $8,860,076,000, of which $3,516,885,000 shall become
available for obligation on July 1, 2002, and shall remain available
through September 30, 2003, and of which $5,072,000,000 shall become
available on October 1, 2002, and shall remain available through
September 30, 2003, for academic year 2002-2003: Provided, That
$9,500,000 shall be for Recording for the Blind and Dyslexic to support
the development, production, and circulation of recorded educational
materials.</DELETED>
<DELETED>rehabilitation services and disability research</DELETED>
<DELETED> For carrying out, to the extent not otherwise provided,
the Rehabilitation Act of 1973, the Assistive Technology Act of 1998,
and the Helen Keller National Center Act, $2,942,117,000, of which
$60,000,000 shall remain available through September 30, 2003:
Provided, That the funds provided for title I of the Assistive
Technology Act of 1998 (``the AT Act'') shall be allocated
notwithstanding section 105(b)(1) of the AT Act: Provided further, That
each State shall be provided $50,000 for activities under section 102
of the AT Act: Provided further, That $40,000,000 shall be used to
support grants for up to 3 years to States under title III of the AT
Act, of which the Federal share shall not exceed 75 percent in the
first year, 50 percent in the second year, and 25 percent in the third
year, and that the requirements in section 301(c)(2) and section 302 of
that Act shall not apply to such grants.</DELETED>
<DELETED>Special Institutions for Persons With Disabilities</DELETED>
<DELETED>american printing house for the blind</DELETED>
<DELETED> For carrying out the Act of March 3, 1879, as amended (20
U.S.C. 101 et seq.), $13,000,000.</DELETED>
<DELETED>national technical institute for the deaf</DELETED>
<DELETED> For the National Technical Institute for the Deaf under
titles I and II of the Education of the Deaf Act of 1986 (20 U.S.C.
4301 et seq.), $55,376,000, of which $5,376,000 shall be for
construction and shall remain available until expended: Provided, That
from the total amount available, the Institute may at its discretion
use funds for the endowment program as authorized under section
207.</DELETED>
<DELETED>gallaudet university</DELETED>
<DELETED> For the Kendall Demonstration Elementary School, the Model
Secondary School for the Deaf, and the partial support of Gallaudet
University under titles I and II of the Education of the Deaf Act of
1986 (20 U.S.C. 4301 et seq.), $95,600,000: Provided, That from the
total amount available, the University may at its discretion use funds
for the endowment program as authorized under section 207.</DELETED>
<DELETED>vocational and adult education</DELETED>
<DELETED> For carrying out, to the extent not otherwise provided,
the Carl D. Perkins Vocational and Technical Education Act and the
Adult Education and Family Literacy Act and title VIII-D of the Higher
Education Act of 1965, as amended, $2,006,060,000, of which
$1,191,310,000 shall become available on July 1, 2002 and shall remain
available through September 30, 2003 and of which $808,750,000 shall
become available on October 1, 2002, and shall remain available through
September 30, 2003: Provided, That of the amount provided for Adult
Education State Grants, $70,000,000 shall be made available for
integrated English literacy and civics education services to immigrants
and other limited English proficient populations: Provided further,
That of the amount reserved for integrated English literacy and civics
education, notwithstanding section 211 of the Adult Education and
Family Literacy Act, 65 percent shall be allocated to States based on a
State's absolute need as determined by calculating each State's share
of a 10-year average of the Immigration and Naturalization Service data
for immigrants admitted for legal permanent residence for the 10 most
recent years, and 35 percent allocated to States that experienced
growth as measured by the average of the 3 most recent years for which
Immigration and Naturalization Service data for immigrants admitted for
legal permanent residence are available, except that no State shall be
allocated an amount less than $60,000: Provided further, That of the
amounts made available for the Adult Education and Family Literacy Act,
$9,500,000 shall be for national leadership activities under section
243 and $6,560,000 shall be for the National Institute for Literacy
under section 242.</DELETED>
<DELETED>student financial assistance</DELETED>
<DELETED> For carrying out subparts 1, 3, and 4 of part A, section
428K, part C and part E of title IV of the Higher Education Act of
1965, as amended, $12,410,100,000, which shall remain available through
September 30, 2003.</DELETED>
<DELETED> The maximum Pell Grant for which a student shall be
eligible during award year 2002-2003 shall be $4,000: Provided, That
notwithstanding section 401(g) of the Act, if the Secretary determines,
prior to publication of the payment schedule for such award year, that
the amount included within this appropriation for Pell Grant awards in
such award year, and any funds available from the fiscal year 2001
appropriation for Pell Grant awards, are insufficient to satisfy fully
all such awards for which students are eligible, as calculated under
section 401(b) of the Act, the amount paid for each such award shall be
reduced by either a fixed or variable percentage, or by a fixed dollar
amount, as determined in accordance with a schedule of reductions
established by the Secretary for this purpose.</DELETED>
<DELETED>federal family education loan program account</DELETED>
<DELETED> For Federal administrative expenses to carry out
guaranteed student loans authorized by title IV, part B, of the Higher
Education Act of 1965, as amended, $49,636,000.</DELETED>
<DELETED>higher education</DELETED>
<DELETED> For carrying out, to the extent not otherwise provided,
section 121 and titles II, III, IV, V, VI, VII, and VIII of the Higher
Education Act of 1965, as amended, section 1543 of the Higher Education
Amendments of 1992, and the Mutual Educational and Cultural Exchange
Act of 1961; $1,908,151,000, of which $5,000,000 for interest subsidies
authorized by section 121 of the Higher Education Act of 1965, shall
remain available until expended: Provided, That $10,000,000, to remain
available through September 30, 2003, shall be available to fund
fellowships for academic year 2003-2004 under part A, subpart 1 of
title VII of said Act, under the terms and conditions of part A,
subpart 1: Provided further, That $1,000,000 is for data collection and
evaluation activities for programs under the Higher Education Act of
1965, including such activities needed to comply with the Government
Performance and Results Act of 1993.</DELETED>
<DELETED>howard university</DELETED>
<DELETED> For partial support of Howard University (20 U.S.C. 121 et
seq.), $242,474,000, of which not less than $3,600,000 shall be for a
matching endowment grant pursuant to the Howard University Endowment
Act (Public Law 98-480) and shall remain available until
expended.</DELETED>
<DELETED>college housing and academic facilities loans
program</DELETED>
<DELETED> For Federal administrative expenses authorized under
section 121 of the Higher Education Act of 1965, $762,000 to carry out
activities related to existing facility loans entered into under the
Higher Education Act of 1965.</DELETED>
<DELETED>historically black college and university capital financing
program account</DELETED>
<DELETED> The total amount of bonds insured pursuant to section 344
of title III, part D of the Higher Education Act of 1965 shall not
exceed $357,000,000, and the cost, as defined in section 502 of the
Congressional Budget Act of 1974, of such bonds shall not exceed
zero.</DELETED>
<DELETED> For administrative expenses to carry out the Historically
Black College and University Capital Financing Program entered into
pursuant to title III, part D of the Higher Education Act of 1965, as
amended, $208,000.</DELETED>
<DELETED>education research, statistics, and improvement</DELETED>
<DELETED> For carrying out activities authorized by the Educational
Research, Development, Dissemination, and Improvement Act of 1994,
including part E; the National Education Statistics Act of 1994,
including sections 411 and 412; title II-B and C, title IV-A and title
VII-A of the Elementary and Secondary Education Act of 1965, as
redesignated and amended by H.R. 1 of the 107th Congress, as passed by
the House of Representatives on May 23, 2001, $445,620,000: Provided,
That $77,500,000 of the funds provided for the national education
research institutes shall be allocated notwithstanding section
912(m)(1)(B-F) and subparagraphs (B) and (C) of section 931(c)(2) of
Public Law 103-227.</DELETED>
<DELETED>Departmental Management</DELETED>
<DELETED>program administration</DELETED>
<DELETED> For carrying out, to the extent not otherwise provided,
the Department of Education Organization Act, including rental of
conference rooms in the District of Columbia and hire of two passenger
motor vehicles, $427,212,000.</DELETED>
<DELETED>office for civil rights</DELETED>
<DELETED> For expenses necessary for the Office for Civil Rights, as
authorized by section 203 of the Department of Education Organization
Act, $79,934,000.</DELETED>
<DELETED>office of inspector general</DELETED>
<DELETED> For expenses necessary for the Office of Inspector
General, as authorized by section 212 of the Department of Education
Organization Act, $38,720,000.</DELETED>
<DELETED>GENERAL PROVISIONS</DELETED>
<DELETED> Sec. 301. No funds appropriated in this Act may be used
for the transportation of students or teachers (or for the purchase of
equipment for such transportation) in order to overcome racial
imbalance in any school or school system, or for the transportation of
students or teachers (or for the purchase of equipment for such
transportation) in order to carry out a plan of racial desegregation of
any school or school system.</DELETED>
<DELETED> Sec. 302. None of the funds contained in this Act shall be
used to require, directly or indirectly, the transportation of any
student to a school other than the school which is nearest the
student's home, except for a student requiring special education, to
the school offering such special education, in order to comply with
title VI of the Civil Rights Act of 1964. For the purpose of this
section an indirect requirement of transportation of students includes
the transportation of students to carry out a plan involving the
reorganization of the grade structure of schools, the pairing of
schools, or the clustering of schools, or any combination of grade
restructuring, pairing or clustering. The prohibition described in this
section does not include the establishment of magnet schools.</DELETED>
<DELETED> Sec. 303. No funds appropriated under this Act may be used
to prevent the implementation of programs of voluntary prayer and
meditation in the public schools.</DELETED>
<DELETED> Sec. 304. Not to exceed 1 percent of any discretionary
funds (pursuant to the Balanced Budget and Emergency Deficit Control
Act of 1985, as amended) which are appropriated for the Department of
Education in this Act may be transferred between appropriations, but no
such appropriation shall be increased by more than 3 percent by any
such transfer: Provided, That the Appropriations Committees of both
Houses of Congress are notified at least 15 days in advance of any
transfer.</DELETED>
<DELETED> This title may be cited as the ``Department of Education
Appropriations Act, 2002''.</DELETED>
<DELETED>TITLE IV--RELATED AGENCIES</DELETED>
<DELETED>armed forces retirement home</DELETED>
<DELETED> For expenses necessary for the Armed Forces Retirement
Home to operate and maintain the United States Soldiers' and Airmen's
Home and the United States Naval Home, to be paid from funds available
in the Armed Forces Retirement Home Trust Fund, $71,440,000, of which
$9,812,000 shall remain available until expended for construction and
renovation of the physical plants at the United States Soldiers' and
Airmen's Home and the United States Naval Home: Provided, That,
notwithstanding any other provision of law, a single contract or
related contracts for development and construction, to include
construction of a long-term care facility at the United States Naval
Home, may be employed which collectively include the full scope of the
project: Provided further, That the solicitation and contract shall
contain the clause ``availability of funds'' found at 48 CFR 52.232-18
and 252.232-7007, Limitation of Government Obligations.</DELETED>
<DELETED>Corporation for National and Community Service</DELETED>
<DELETED>domestic volunteer service programs, operating
expenses</DELETED>
<DELETED> For expenses necessary for the Corporation for National
and Community Service to carry out the provisions of the Domestic
Volunteer Service Act of 1973, as amended, $324,450,000: Provided, That
none of the funds made available to the Corporation for National and
Community Service in this Act for activities authorized by part E of
title II of the Domestic Volunteer Service Act of 1973 shall be used to
provide stipends or other monetary incentives to volunteers or
volunteer leaders whose incomes exceed 125 percent of the national
poverty level.</DELETED>
<DELETED>Corporation for Public Broadcasting</DELETED>
<DELETED> For payment to the Corporation for Public Broadcasting, as
authorized by the Communications Act of 1934, an amount which shall be
available within limitations specified by that Act, for the fiscal year
2004, $365,000,000: Provided, That no funds made available to the
Corporation for Public Broadcasting by this Act shall be used to pay
for receptions, parties, or similar forms of entertainment for
Government officials or employees: Provided further, That none of the
funds contained in this paragraph shall be available or used to aid or
support any program or activity from which any person is excluded, or
is denied benefits, or is discriminated against, on the basis of race,
color, national origin, religion, or sex: Provided further, That in
addition to the amounts provided above, $25,000,000, to remain
available until expended, shall be for digitalization, pending
enactment of authorizing legislation.</DELETED>
<DELETED>Federal Mediation and Conciliation Service</DELETED>
<DELETED>salaries and expenses</DELETED>
<DELETED> For expenses necessary for the Federal Mediation and
Conciliation Service to carry out the functions vested in it by the
Labor Management Relations Act, 1947 (29 U.S.C. 171-180, 182-183),
including hire of passenger motor vehicles; for expenses necessary for
the Labor-Management Cooperation Act of 1978 (29 U.S.C. 175a); and for
expenses necessary for the Service to carry out the functions vested in
it by the Civil Service Reform Act, Public Law 95-454 (5 U.S.C. ch.
71), $39,482,000, including $1,500,000, to remain available through
September 30, 2003, for activities authorized by the Labor-Management
Cooperation Act of 1978 (29 U.S.C. 175a): Provided, That
notwithstanding 31 U.S.C. 3302, fees charged, up to full-cost recovery,
for special training activities and other conflict resolution services
and technical assistance, including those provided to foreign
governments and international organizations, and for arbitration
services shall be credited to and merged with this account, and shall
remain available until expended: Provided further, That fees for
arbitration services shall be available only for education, training,
and professional development of the agency workforce: Provided further,
That the Director of the Service is authorized to accept and use on
behalf of the United States gifts of services and real, personal, or
other property in the aid of any projects or functions within the
Director's jurisdiction.</DELETED>
<DELETED>Federal Mine Safety and Health Review Commission</DELETED>
<DELETED>salaries and expenses</DELETED>
<DELETED> For expenses necessary for the Federal Mine Safety and
Health Review Commission (30 U.S.C. 801 et seq.), $6,939,000.</DELETED>
<DELETED>Institute of Museum and Library Services</DELETED>
<DELETED>Office of Library Services: Grants and
Administration</DELETED>
<DELETED> For carrying out subtitle B of the Museum and Library
Services Act, $168,078,000, of which $11,081,000 shall be for projects
authorized by section 262 of such Act, notwithstanding section
221(a)(1)(B).</DELETED>
<DELETED>Medicare Payment Advisory Commission</DELETED>
<DELETED>salaries and expenses</DELETED>
<DELETED> For expenses necessary to carry out section 1805 of the
Social Security Act, $8,000,000, to be transferred to this
appropriation from the Federal Hospital Insurance and the Federal
Supplementary Medical Insurance Trust Funds.</DELETED>
<DELETED>National Commission on Libraries and Information
Science</DELETED>
<DELETED>salaries and expenses</DELETED>
<DELETED> For necessary expenses for the National Commission on
Libraries and Information Science, established by the Act of July 20,
1970 (Public Law 91-345, as amended), $1,000,000.</DELETED>
<DELETED>National Council on Disability</DELETED>
<DELETED>salaries and expenses</DELETED>
<DELETED> For expenses necessary for the National Council on
Disability as authorized by title IV of the Rehabilitation Act of 1973,
as amended, $2,830,000.</DELETED>
<DELETED>National Labor Relations Board</DELETED>
<DELETED>salaries and expenses</DELETED>
<DELETED> For expenses necessary for the National Labor Relations
Board to carry out the functions vested in it by the Labor-Management
Relations Act, 1947, as amended (29 U.S.C. 141-167), and other laws,
$221,438,000: Provided, That no part of this appropriation shall be
available to organize or assist in organizing agricultural laborers or
used in connection with investigations, hearings, directives, or orders
concerning bargaining units composed of agricultural laborers as
referred to in section 2(3) of the Act of July 5, 1935 (29 U.S.C. 152),
and as amended by the Labor-Management Relations Act, 1947, as amended,
and as defined in section 3(f) of the Act of June 25, 1938 (29 U.S.C.
203), and including in said definition employees engaged in the
maintenance and operation of ditches, canals, reservoirs, and waterways
when maintained or operated on a mutual, nonprofit basis and at least
95 percent of the water stored or supplied thereby is used for farming
purposes.</DELETED>
<DELETED>National Mediation Board</DELETED>
<DELETED>salaries and expenses</DELETED>
<DELETED> For expenses necessary to carry out the provisions of the
Railway Labor Act, as amended (45 U.S.C. 151-188), including emergency
boards appointed by the President, $10,635,000.</DELETED>
<DELETED>Occupational Safety and Health Review Commission</DELETED>
<DELETED>salaries and expenses</DELETED>
<DELETED> For expenses necessary for the Occupational Safety and
Health Review Commission (29 U.S.C. 661), $8,964,000.</DELETED>
<DELETED>Railroad Retirement Board</DELETED>
<DELETED>dual benefits payments account</DELETED>
<DELETED> For payment to the Dual Benefits Payments Account,
authorized under section 15(d) of the Railroad Retirement Act of 1974,
$146,000,000, which shall include amounts becoming available in fiscal
year 2002 pursuant to section 224(c)(1)(B) of Public Law 98-76; and in
addition, an amount, not to exceed 2 percent of the amount provided
herein, shall be available proportional to the amount by which the
product of recipients and the average benefit received exceeds
$146,000,000: Provided, That the total amount provided herein shall be
credited in 12 approximately equal amounts on the first day of each
month in the fiscal year.</DELETED>
<DELETED>federal payments to the railroad retirement accounts</DELETED>
<DELETED> For payment to the accounts established in the Treasury
for the payment of benefits under the Railroad Retirement Act for
interest earned on unnegotiated checks, $150,000, to remain available
through September 30, 2003, which shall be the maximum amount available
for payment pursuant to section 417 of Public Law 98-76.</DELETED>
<DELETED>limitation on administration</DELETED>
<DELETED> For necessary expenses for the Railroad Retirement Board
for administration of the Railroad Retirement Act and the Railroad
Unemployment Insurance Act, $97,700,000, to be derived in such amounts
as determined by the Board from the railroad retirement accounts and
from moneys credited to the railroad unemployment insurance
administration fund.</DELETED>
<DELETED>limitation on the office of inspector general</DELETED>
<DELETED> For expenses necessary for the Office of Inspector General
for audit, investigatory and review activities, as authorized by the
Inspector General Act of 1978, as amended, not more than $6,042,000, to
be derived from the railroad retirement accounts and railroad
unemployment insurance account: Provided, That none of the funds made
available in any other paragraph of this Act may be transferred to the
Office; used to carry out any such transfer; used to provide any office
space, equipment, office supplies, communications facilities or
services, maintenance services, or administrative services for the
Office; used to pay any salary, benefit, or award for any personnel of
the Office; used to pay any other operating expense of the Office; or
used to reimburse the Office for any service provided, or expense
incurred, by the Office.</DELETED>
<DELETED>Social Security Administration</DELETED>
<DELETED>payments to social security trust funds</DELETED>
<DELETED> For payment to the Federal Old-Age and Survivors Insurance
and the Federal Disability Insurance trust funds, as provided under
sections 201(m), 217(g), 228(g), and 1131(b)(2) of the Social Security
Act, $434,400,000.</DELETED>
<DELETED>special benefits for disabled coal miners</DELETED>
<DELETED> For carrying out title IV of the Federal Mine Safety and
Health Act of 1977, $332,840,000, to remain available until
expended.</DELETED>
<DELETED> For making, after July 31 of the current fiscal year,
benefit payments to individuals under title IV of the Federal Mine
Safety and Health Act of 1977, for costs incurred in the current fiscal
year, such amounts as may be necessary.</DELETED>
<DELETED> For making benefit payments under title IV of the Federal
Mine Safety and Health Act of 1977 for the first quarter of fiscal year
2003, $108,000,000, to remain available until expended.</DELETED>
<DELETED>supplemental security income program</DELETED>
<DELETED> For carrying out titles XI and XVI of the Social Security
Act, section 401 of Public Law 92-603, section 212 of Public Law 93-66,
as amended, and section 405 of Public Law 95-216, including payment to
the Social Security trust funds for administrative expenses incurred
pursuant to section 201(g)(1) of the Social Security Act,
$21,270,412,000, to remain available until expended: Provided, That any
portion of the funds provided to a State in the current fiscal year and
not obligated by the State during that year shall be returned to the
Treasury.</DELETED>
<DELETED> In addition, $200,000,000, to remain available until
September 30, 2003, for payment to the Social Security trust funds for
administrative expenses for continuing disability reviews as authorized
by section 103 of Public Law 104-121 and section 10203 of Public Law
105-33. The term ``continuing disability reviews'' means reviews and
redeterminations as defined under section 201(g)(1)(A) of the Social
Security Act, as amended.</DELETED>
<DELETED> For making, after June 15 of the current fiscal year,
benefit payments to individuals under title XVI of the Social Security
Act, for unanticipated costs incurred for the current fiscal year, such
sums as may be necessary.</DELETED>
<DELETED> For making benefit payments under title XVI of the Social
Security Act for the first quarter of fiscal year 2003,
$10,790,000,000, to remain available until expended.</DELETED>
<DELETED>limitation on administrative expenses</DELETED>
<DELETED> For necessary expenses, including the hire of two
passenger motor vehicles, and not to exceed $35,000 for official
reception and representation expenses, not more than $7,035,000,000 may
be expended, as authorized by section 201(g)(1) of the Social Security
Act, from any one or all of the trust funds referred to therein:
Provided, That not less than $1,800,000 shall be for the Social
Security Advisory Board: Provided further, That unobligated balances at
the end of fiscal year 2002 not needed for fiscal year 2002 shall
remain available until expended to invest in the Social Security
Administration information technology and telecommunications hardware
and software infrastructure, including related equipment and non-
payroll administrative expenses associated solely with this information
technology and telecommunications infrastructure: Provided further,
That reimbursement to the trust funds under this heading for
expenditures for official time for employees of the Social Security
Administration pursuant to section 7131 of title 5, United States Code,
and for facilities or support services for labor organizations pursuant
to policies, regulations, or procedures referred to in section 7135(b)
of such title shall be made by the Secretary of the Treasury, with
interest, from amounts in the general fund not otherwise appropriated,
as soon as possible after such expenditures are made.</DELETED>
<DELETED> From funds provided under the first paragraph, not less
than $200,000,000 shall be available for conducting continuing
disability reviews.</DELETED>
<DELETED> In addition to funding already available under this
heading, and subject to the same terms and conditions, $433,000,000, to
remain available until September 30, 2003, for continuing disability
reviews as authorized by section 103 of Public Law 104-121 and section
10203 of Public Law 105-33. The term ``continuing disability reviews''
means reviews and redeterminations as defined under section
201(g)(1)(A) of the Social Security Act, as amended.</DELETED>
<DELETED> In addition, $100,000,000 to be derived from
administration fees in excess of $5.00 per supplementary payment
collected pursuant to section 1616(d) of the Social Security Act or
section 212(b)(3) of Public Law 93-66, which shall remain available
until expended. To the extent that the amounts collected pursuant to
such section 1616(d) or 212(b)(3) in fiscal year 2002 exceed
$100,000,000, the amounts shall be available in fiscal year 2003 only
to the extent provided in advance in appropriations Acts.</DELETED>
<DELETED> From funds previously appropriated for this purpose, any
unobligated balances at the end of fiscal year 2001 shall be available
to continue Federal-State partnerships which will evaluate means to
promote Medicare buy-in programs targeted to elderly and disabled
individuals under titles XVIII and XIX of the Social Security
Act.</DELETED>
<DELETED>office of inspector general</DELETED>
<DELETED>(including transfer of funds)</DELETED>
<DELETED> For expenses necessary for the Office of Inspector General
in carrying out the provisions of the Inspector General Act of 1978, as
amended, $19,000,000, together with not to exceed $56,000,000, to be
transferred and expended as authorized by section 201(g)(1) of the
Social Security Act from the Federal Old-Age and Survivors Insurance
Trust Fund and the Federal Disability Insurance Trust Fund.</DELETED>
<DELETED> In addition, an amount not to exceed 3 percent of the
total provided in this appropriation may be transferred from the
``Limitation on Administrative Expenses'', Social Security
Administration, to be merged with this account, to be available for the
time and purposes for which this account is available: Provided, That
notice of such transfers shall be transmitted promptly to the
Committees on Appropriations of the House and Senate.</DELETED>
<DELETED>United States Institute of Peace</DELETED>
<DELETED>operating expenses</DELETED>
<DELETED> For necessary expenses of the United States Institute of
Peace as authorized in the United States Institute of Peace Act,
$15,000,000.</DELETED>
<DELETED>TITLE V--GENERAL PROVISIONS</DELETED>
<DELETED> Sec. 501. The Secretaries of Labor, Health and Human
Services, and Education are authorized to transfer unexpended balances
of prior appropriations to accounts corresponding to current
appropriations provided in this Act: Provided, That such transferred
balances are used for the same purpose, and for the same periods of
time, for which they were originally appropriated.</DELETED>
<DELETED> Sec. 502. No part of any appropriation contained in this
Act shall remain available for obligation beyond the current fiscal
year unless expressly so provided herein.</DELETED>
<DELETED> Sec. 503. (a) No part of any appropriation contained in
this Act shall be used, other than for normal and recognized executive-
legislative relationships, for publicity or propaganda purposes, for
the preparation, distribution, or use of any kit, pamphlet, booklet,
publication, radio, television, or video presentation designed to
support or defeat legislation pending before the Congress or any State
legislature, except in presentation to the Congress or any State
legislature itself.</DELETED>
<DELETED> (b) No part of any appropriation contained in this Act
shall be used to pay the salary or expenses of any grant or contract
recipient, or agent acting for such recipient, related to any activity
designed to influence legislation or appropriations pending before the
Congress or any State legislature.</DELETED>
<DELETED> Sec. 504. The Secretaries of Labor and Education are
authorized to make available not to exceed $20,000 and $15,000,
respectively, from funds available for salaries and expenses under
titles I and III, respectively, for official reception and
representation expenses; the Director of the Federal Mediation and
Conciliation Service is authorized to make available for official
reception and representation expenses not to exceed $2,500 from the
funds available for ``Salaries and expenses, Federal Mediation and
Conciliation Service''; and the Chairman of the National Mediation
Board is authorized to make available for official reception and
representation expenses not to exceed $2,500 from funds available for
``Salaries and expenses, National Mediation Board''.</DELETED>
<DELETED> Sec. 505. Notwithstanding any other provision of this Act,
no funds appropriated under this Act shall be used to carry out any
program of distributing sterile needles or syringes for the hypodermic
injection of any illegal drug.</DELETED>
<DELETED> Sec. 506. (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.</DELETED>
<DELETED> (b) In providing financial assistance to, or entering into
any contract with, any entity using funds made available in this Act,
the head of each Federal agency, to the greatest extent practicable,
shall provide to such entity a notice describing the statement made in
subsection (a) by the Congress.</DELETED>
<DELETED> (c) If it has been finally determined by a court or
Federal agency that any person intentionally affixed a label bearing a
``Made in America'' inscription, or any inscription with the same
meaning, to any product sold in or shipped to the United States that is
not made in the United States, the person shall be ineligible to
receive any contract or subcontract made with funds made available in
this Act, pursuant to the debarment, suspension, and ineligibility
procedures described in sections 9.400 through 9.409 of title 48, Code
of Federal Regulations.</DELETED>
<DELETED> Sec. 507. When issuing statements, press releases,
requests for proposals, bid solicitations and other documents
describing projects or programs funded in whole or in part with Federal
money, all grantees receiving Federal funds included in this Act,
including but not limited to State and local governments and recipients
of Federal research grants, shall clearly state: (1) the percentage of
the total costs of the program or project which will be financed with
Federal money; (2) the dollar amount of Federal funds for the project
or program; and (3) percentage and dollar amount of the total costs of
the project or program that will be financed by non-governmental
sources.</DELETED>
<DELETED> Sec. 508. (a) None of the funds appropriated under this
Act, and none of the funds in any trust fund to which funds are
appropriated under this Act, shall be expended for any
abortion.</DELETED>
<DELETED> (b) None of the funds appropriated under this Act, and
none of the funds in any trust fund to which funds are appropriated
under this Act, shall be expended for health benefits coverage that
includes coverage of abortion.</DELETED>
<DELETED> (c) The term ``health benefits coverage'' means the
package of services covered by a managed care provider or organization
pursuant to a contract or other arrangement.</DELETED>
<DELETED> Sec. 509. (a) The limitations established in the preceding
section shall not apply to an abortion--</DELETED>
<DELETED> (1) if the pregnancy is the result of an act of
rape or incest; or</DELETED>
<DELETED> (2) in the case where a woman suffers from a
physical disorder, physical injury, or physical illness,
including a life-endangering physical condition caused by or
arising from the pregnancy itself, that would, as certified by
a physician, place the woman in danger of death unless an
abortion is performed.</DELETED>
<DELETED> (b) Nothing in the preceding section shall be construed as
prohibiting the expenditure by a State, locality, entity, or private
person of State, local, or private funds (other than a State's or
locality's contribution of Medicaid matching funds).</DELETED>
<DELETED> (c) Nothing in the preceding section shall be construed as
restricting the ability of any managed care provider from offering
abortion coverage or the ability of a State or locality to contract
separately with such a provider for such coverage with State funds
(other than a State's or locality's contribution of Medicaid matching
funds).</DELETED>
<DELETED> Sec. 510. (a) None of the funds made available in this Act
may be used for--</DELETED>
<DELETED> (1) the creation of a human embryo or embryos for
research purposes; or</DELETED>
<DELETED> (2) research in which a human embryo or embryos
are destroyed, discarded, or knowingly subjected to risk of
injury or death greater than that allowed for research on
fetuses in utero under 45 CFR 46.208(a)(2) and section 498(b)
of the Public Health Service Act (42 U.S.C. 289g(b)).</DELETED>
<DELETED> (b) For purposes of this section, the term ``human embryo
or embryos'' includes any organism, not protected as a human subject
under 45 CFR 46 as of the date of the enactment of this Act, that is
derived by fertilization, parthenogenesis, cloning, or any other means
from one or more human gametes or human diploid cells.</DELETED>
<DELETED> Sec. 511. (a) None of the funds made available in this Act
may be used for any activity that promotes the legalization of any drug
or other substance included in schedule I of the schedules of
controlled substances established by section 202 of the Controlled
Substances Act (21 U.S.C. 812).</DELETED>
<DELETED> (b) The limitation in subsection (a) shall not apply when
there is significant medical evidence of a therapeutic advantage to the
use of such drug or other substance or that federally sponsored
clinical trials are being conducted to determine therapeutic
advantage.</DELETED>
<DELETED> Sec. 512. None of the funds made available in this Act may
be obligated or expended to enter into or renew a contract with an
entity if--</DELETED>
<DELETED> (1) such entity is otherwise a contractor with the
United States and is subject to the requirement in section
4212(d) of title 38, United States Code, regarding submission
of an annual report to the Secretary of Labor concerning
employment of certain veterans; and</DELETED>
<DELETED> (2) such entity has not submitted a report as
required by that section for the most recent year for which
such requirement was applicable to such entity.</DELETED>
<DELETED> Sec. 513. None of the funds made available in this Act may
be used to promulgate or adopt any final standard under section 1173(b)
of the Social Security Act (42 U.S.C. 1320d-2(b)) providing for, or
providing for the assignment of, a unique health identifier for an
individual (except in an individual's capacity as an employer or a
health care provider), until legislation is enacted specifically
approving the standard.</DELETED>
<DELETED> Sec. 514. No funds appropriated in this Act may be made
available to any person or entity that violates the Buy American Act
(41 U.S.C. 10a-10c).</DELETED>
<DELETED> Sec. 515. None of the funds made available in this Act for
the Department of Health and Human Services may be used to grant an
exclusive or partially exclusive license pursuant to chapter 18 of
title 35, United States Code, except in accordance with section 209 of
such title (relating to the availability to the public of an invention
and its benefits on reasonable terms).</DELETED>
<DELETED>TITLE VI--EXTENSION OF MARK-TO-MARKET PROGRAM FOR MULTIFAMILY
ASSISTED HOUSING</DELETED>
<DELETED>SEC. 601. SHORT TITLE AND TABLE OF CONTENTS.</DELETED>
<DELETED> (a) Short Title.--This title may be cited as the ``Mark-
to-Market Extension Act of 2001''.</DELETED>
<DELETED> (b) Table of Contents.--The table of contents for this
title is as follows:</DELETED>
<DELETED>TITLE VI--EXTENSION OF MARK-TO-MARKET PROGRAM FOR MULTIFAMILY
ASSISTED HOUSING
<DELETED>Sec. 601. Short title and table of contents.
<DELETED>Sec. 602. Purposes.
<DELETED>Sec. 603. Effective date.
<DELETED>Subtitle A--Multifamily Housing Mortgage and Assistance
Restructuring and Section 8 Contract Renewal
<DELETED>Sec. 611. Definitions.
<DELETED>Sec. 612. Mark-to-market program amendments.
<DELETED>Sec. 613. Consistency of rent levels under enhanced voucher
assistance and rent restructurings.
<DELETED>Sec. 614. Eligible inclusions for renewal rents of partially
assisted buildings.
<DELETED>Sec. 615. Eligibility of restructuring projects for
miscellaneous housing insurance.
<DELETED>Sec. 616. Technical corrections.
<DELETED>Subtitle B--Office of Multifamily Housing Assistance
Restructuring
<DELETED>Sec. 621. Reauthorization of Office and extension of program.
<DELETED>Sec. 622. Appointment of Director.
<DELETED>Sec. 623. Vacancy in position of Director.
<DELETED>Sec. 624. Oversight by Federal Housing Commissioner.
<DELETED>Sec. 625. Limitation on subsequent employment.
<DELETED>Subtitle C--Miscellaneous Housing Program Amendments
<DELETED>Sec. 631. Extension of CDBG public services cap exception.
<DELETED>Sec. 632. Use of section 8 enhanced vouchers for prepayments.
<DELETED>Sec. 633. Prepayment and refinancing of loans for section 202
supportive housing.
<DELETED>Sec. 634. Technical correction.
<DELETED>SEC. 602. PURPOSES.</DELETED>
<DELETED> The purposes of this title are--</DELETED>
<DELETED> (1) to continue the progress of the Multifamily
Assisted Housing Reform and Affordability Act of 1997 (referred
to in this section as ``that Act'');</DELETED>
<DELETED> (2) to ensure that properties that undergo
mortgage restructurings pursuant to that Act are rehabilitated
to a standard that allows the properties to meet their long-
term affordability requirements;</DELETED>
<DELETED> (3) to ensure that, for properties that undergo
mortgage restructurings pursuant to that Act, reserves are set
at adequate levels to allow the properties to meet their long-
term affordability requirements;</DELETED>
<DELETED> (4) to ensure that properties that undergo
mortgage restructurings pursuant to that Act are operated
efficiently, and that operating expenses are sufficient to
ensure the long-term financial and physical integrity of the
properties;</DELETED>
<DELETED> (5) to ensure that properties that undergo rent
restructurings have adequate resources to maintain the
properties in good condition;</DELETED>
<DELETED> (6) to ensure that the Office of Multifamily
Housing Assistance Restructuring of the Department of Housing
and Urban Development continues to focus on the portfolio of
properties eligible for restructuring under that Act;</DELETED>
<DELETED> (7) to ensure that the Department of Housing and
Urban Development carefully tracks the condition of those
properties on an ongoing basis;</DELETED>
<DELETED> (8) to ensure that tenant groups, nonprofit
organizations, and public entities continue to have the
resources for building the capacity of tenant organizations in
furtherance of the purposes of subtitle A of that Act;
and</DELETED>
<DELETED> (9) to encourage the Office of Multifamily Housing
Assistance Restructuring to continue to provide participating
administrative entities, including public participating
administrative entities, with the flexibility to respond to
specific problems that individual cases may present, while
ensuring consistent outcomes around the country.</DELETED>
<DELETED>SEC. 603. EFFECTIVE DATE.</DELETED>
<DELETED> Except as provided in sections 616(a)(2), 633(b), and
634(b), this title and the amendments made by this title shall take
effect or are deemed to have taken effect, as appropriate, on the
earlier of--</DELETED>
<DELETED> (1) the date of the enactment of this title;
or</DELETED>
<DELETED> (2) September 30, 2001.</DELETED>
<DELETED>Subtitle A--Multifamily Housing Mortgage and Assistance
Restructuring and Section 8 Contract Renewal</DELETED>
<DELETED>SEC. 611. DEFINITIONS.</DELETED>
<DELETED> Section 512 of the Multifamily Assisted Housing Reform and
Affordability Act of 1997 (42 U.S.C. 1437f note) is amended by adding
at the end the following new paragraph:</DELETED>
<DELETED> ``(19) Office.--The term `Office' means the Office
of Multifamily Housing Assistance Restructuring established
under section 571.''.</DELETED>
<DELETED>SEC. 612. MARK-TO-MARKET PROGRAM AMENDMENTS.</DELETED>
<DELETED> (a) Funding for Tenant and Nonprofit Participation.--
Section 514(f)(3)(A) of the Multifamily Assisted Housing Reform and
Affordability Act of 1997 (42 U.S.C. 1437f note) is amended--</DELETED>
<DELETED> (1) by striking ``Secretary may provide not more
than $10,000,000 annually in funding'' and inserting
``Secretary shall make available not more than $10,000,000
annually in funding, which amount shall be in addition to any
amounts made available under this subparagraph and carried over
from previous years,''; and</DELETED>
<DELETED> (2) by striking ``entities), and for tenant
services,'' and inserting ``entities), for tenant services, and
for tenant groups, nonprofit organizations, and public entities
described in section 517(a)(5),''.</DELETED>
<DELETED> (b) Exception Rents.--Section 514(g)(2)(A) of the
Multifamily Assisted Housing Reform and Affordability Act of 1997 (42
U.S.C. 1437f note) is amended by striking ``restructured mortgages in
any fiscal year'' and inserting ``portfolio restructuring
agreements''.</DELETED>
<DELETED> (c) Notice to Displaced Tenants.--Section 516(d) of the
Multifamily Assisted Housing Reform and Affordability Act of 1997 (42
U.S.C. 1437f note) is amended by striking ``Subject to'' and inserting
the following:</DELETED>
<DELETED> ``(1) Notice to certain residents.--The Office
shall notify any tenant that is residing in a project or
receiving assistance under section 8 of the United States
Housing Act of 1937 (42 U.S.C. 1437f) at the time of rejection
under this section, of such rejection, except that the Office
may delegate the responsibility to provide notice under this
paragraph to the participating administrative entity.</DELETED>
<DELETED> ``(2) Assistance and moving expenses.--Subject
to''.</DELETED>
<DELETED> (d) Restructuring Plans for Transfers of Prepayment
Projects.--The Multifamily Assisted Housing Reform and Affordability
Act of 1997 (42 U.S.C. 1437f note) is amended--</DELETED>
<DELETED> (1) in section 524(e), by adding at the end the
following new paragraph:</DELETED>
<DELETED> ``(3) Mortgage restructuring and rental assistance
sufficiency plans.--Notwithstanding paragraph (1), the owner of
the project may request, and the Secretary may consider,
mortgage restructuring and rental assistance sufficiency plans
to facilitate sales or transfers of properties under this
subtitle, subject to an approved plan of action under the
Emergency Low Income Housing Preservation Act of 1987 (12
U.S.C. 1715l note) or the Low-Income Housing Preservation and
Resident Homeownership Act of 1990 (12 U.S.C. 4101 et seq.),
which plans shall result in a sale or transfer of those
properties.''; and</DELETED>
<DELETED> (2) in the last sentence of section 512(2), by
inserting ``, but does include a project described in section
524(e)(3)'' after ``section 524(e)''.</DELETED>
<DELETED> (e) Addition of Significant Features.--Section 517 of the
Multifamily Assisted Housing Reform and Affordability Act of 1997 (42
U.S.C. 1437f note) is amended--</DELETED>
<DELETED> (1) by striking subsection (c) (except that the
striking of such subsection may not be construed to have any
effect on the provisions of law amended by such subsection, as
such subsection was in effect before the date of the enactment
of this Act);</DELETED>
<DELETED> (2) in subsection (b)--</DELETED>
<DELETED> (A) in paragraph (7), by striking ``(7)''
and inserting ``(1)''; and</DELETED>
<DELETED> (B) by adding at the end the following new
paragraph:</DELETED>
<DELETED> ``(2) Addition of significant features.--
</DELETED>
<DELETED> ``(A) Authority.--An approved mortgage
restructuring and rental assistance sufficiency plan
may require the improvement of the project by the
addition of significant features that are not necessary
for rehabilitation to the standard provided under
paragraph (1), such as air conditioning, an elevator,
and additional community space. The Secretary shall
establish guidelines regarding the inclusion of
requirements regarding such additional significant
features under such plans.</DELETED>
<DELETED> ``(B) Funding.--Significant features added
pursuant to an approved mortgage restructuring and
rental assistance sufficiency plan may be paid from the
funding sources specified in the first sentence of
paragraph (1)(A).</DELETED>
<DELETED> ``(C) Limitation on owner contribution.--
An owner of a project may not be required to contribute
from non-project resources, toward the cost of any
additional significant features required pursuant to
this paragraph, more than 25 percent of the amount of
any assistance received for the inclusion of such
features.</DELETED>
<DELETED> ``(D) Applicability.--This paragraph shall
apply to all eligible multifamily housing projects,
except projects for which the Secretary and the project
owner executed a mortgage restructuring and rental
assistance sufficiency plan on or before the date of
the enactment of the Mark-to-Market Extension Act of
2001.''; and</DELETED>
<DELETED> (3) by inserting after paragraph (6) of subsection
(b) the following:</DELETED>
<DELETED> ``(c) Rehabilitation Needs and Addition of Significant
Features.--''.</DELETED>
<DELETED> (f) Look-Back Projects.--Section 512(2) of the Multifamily
Assisted Housing Reform and Affordability Act of 1997 (42 U.S.C. 1437f
note) is amended by adding after the period at the end of the last
sentence the following: ``Notwithstanding any other provision of this
title, the Secretary may treat a project as an eligible multifamily
housing project for purposes of this title if: (I) the project is
assisted pursuant to a contract for project-based assistance under
section 8 of the United States Housing Act of 1937 renewed under
section 524 of this Act; (II) the owner consents to such treatment; and
(III) the project met the requirements of the first sentence of this
paragraph for eligibility as an eligible multifamily housing project
before the initial renewal of the contract under section
524.''.</DELETED>
<DELETED> (g) Second Mortgages.--Section 517(a) of the Multifamily
Assisted Housing Reform and Affordability Act of 1997 (42 U.S.C. 1437f
note) is amended--</DELETED>
<DELETED> (1) in paragraph (1)(B), by striking ``no more
than the'' and inserting the following: ``not more than the
greater of--</DELETED>
<DELETED> ``(i) the full or partial payment
of claim made under this subtitle; or</DELETED>
<DELETED> ``(ii) the''; and</DELETED>
<DELETED> (2) in paragraph (5), by inserting ``of the second
mortgage, assign the second mortgage to the acquiring
organization or agency,'' after ``terms''.</DELETED>
<DELETED> (h) Exemptions From Restructuring.--Section 514(h)(2) of
the Multifamily Assisted Housing Reform and Affordability Act of 1997
(42 U.S.C. 1437f note) is amended by inserting before the semicolon the
following: ``, or refinanced pursuant to section 811 of the American
Homeownership and Economic Opportunity Act of 2000 (12 U.S.C. 1701q
note)''.</DELETED>
<DELETED>SEC. 613. CONSISTENCY OF RENT LEVELS UNDER ENHANCED VOUCHER
ASSISTANCE AND RENT RESTRUCTURINGS.</DELETED>
<DELETED> Subtitle A of the Multifamily Assisted Housing Reform and
Affordability Act of 1997 (42 U.S.C. 1437f note) is amended by adding
at the end the following new section:</DELETED>
<DELETED>``SEC. 525. CONSISTENCY OF RENT LEVELS UNDER ENHANCED VOUCHER
ASSISTANCE AND RENT RESTRUCTURINGS.</DELETED>
<DELETED> ``(a) In General.--The Secretary shall examine the
standards and procedures for determining and establishing the rent
standards described under subsection (b). Pursuant to such examination,
the Secretary shall establish procedures and guidelines that are
designed to ensure that the amounts determined by the various rent
standards for the same dwelling units are reasonably consistent and
reflect rents for comparable unassisted units in the same area as such
dwelling units.</DELETED>
<DELETED> ``(b) Rent Standards.--The rent standards described in
this subsection are as follows:</DELETED>
<DELETED> ``(1) Enhanced vouchers.--The payment standard for
enhanced voucher assistance under section 8(t) of the United
States Housing Act of 1937 (42 U.S.C. 1437f(t)).</DELETED>
<DELETED> ``(2) Mark-to-market.--The rents derived from
comparable properties, for purposes of section 514(g) of this
Act.</DELETED>
<DELETED> ``(3) Contract renewal.--The comparable market
rents for the market area, for purposes of section 524(a)(4) of
this Act.''.</DELETED>
<DELETED>SEC. 614. ELIGIBLE INCLUSIONS FOR RENEWAL RENTS OF PARTIALLY
ASSISTED BUILDINGS.</DELETED>
<DELETED> Section 524(a)(4)(C) of the Multifamily Assisted Housing
Reform and Affordability Act of 1997 (42 U.S.C. 1437f note) is amended
by adding after the period at the end the following: ``Notwithstanding
any other provision of law, the Secretary shall include in such budget-
based cost increases costs relating to the project as a whole
(including costs incurred with respect to units not covered by the
contract for assistance), but only: (I) if inclusion of such costs is
requested by the owner or purchaser of the project; (II) if inclusion
of such costs will permit capital repairs to the project or acquisition
of the project by a nonprofit organization; and (III) to the extent
that inclusion of such costs (or a portion thereof) complies with the
requirement under clause (ii).''.</DELETED>
<DELETED>SEC. 615. ELIGIBILITY OF RESTRUCTURING PROJECTS FOR
MISCELLANEOUS HOUSING INSURANCE.</DELETED>
<DELETED> Section 223(a)(7) of the National Housing Act (12 U.S.C.
1715n(a)(7)) is amended--</DELETED>
<DELETED> (1) by striking ``under this Act: Provided, That
the principal'' and inserting the following: ``under this Act,
or an existing mortgage held by the Secretary that is subject
to a mortgage restructuring and rental assistance sufficiency
plan pursuant to the Multifamily Assisted Housing Reform and
Affordability Act of 1997 (42 U.S.C. 1437f note), provided
that--</DELETED>
<DELETED> ``(A) the principal'';</DELETED>
<DELETED> (2) by striking ``except that (A)'' and inserting
``except that (i)'';</DELETED>
<DELETED> (3) by striking ``(B)'' and inserting
``(ii)'';</DELETED>
<DELETED> (4) by striking ``(C)'' and inserting
``(iii)'';</DELETED>
<DELETED> (5) by striking ``(D)'' and inserting
``(iv)'';</DELETED>
<DELETED> (6) by striking ``: Provided further, That a
mortgage'' and inserting the following ``; and</DELETED>
<DELETED> ``(B) a mortgage'';</DELETED>
<DELETED> (7) by striking ``or'' at the end; and</DELETED>
<DELETED> (8) by adding at the end the following new
subparagraph:</DELETED>
<DELETED> ``(C) a mortgage that is subject to a
mortgage restructuring and rental assistance
sufficiency plan pursuant to the Multifamily Assisted
Housing Reform and Affordability Act of 1997 (42 U.S.C.
1437f note) and is refinanced under this paragraph may
have a term of not more than 30 years; or''.</DELETED>
<DELETED>SEC. 616. TECHNICAL CORRECTIONS.</DELETED>
<DELETED> (a) Exemptions From Restructuring.--</DELETED>
<DELETED> (1) In general.--Section 514(h) of the Multifamily
Assisted Housing Reform and Affordability Act of 1997 (42
U.S.C. 1437f note) is amended to read as if the amendment made
by section 531(c) of Public Law 106-74 (113 Stat. 1116) were
made to ``Section 514(h)(1)'' instead of ``Section
514(h)''.</DELETED>
<DELETED> (2) Retroactive effect.--The amendment made by
paragraph (1) of this subsection is deemed to have taken effect
on the date of the enactment of Public Law 106-74 (113 Stat.
1109).</DELETED>
<DELETED> (b) Other.--The Multifamily Assisted Housing Reform and
Affordability Act of 1997 (42 U.S.C. 1437f note) is amended--</DELETED>
<DELETED> (1) in section 511(a)(12), by striking ``this
Act'' and inserting ``this title'';</DELETED>
<DELETED> (2) in section 513, by striking ``this Act'' each
place such term appears in subsections (a)(2)(I) and (b)(3) and
inserting ``this title'';</DELETED>
<DELETED> (3) in section 514(f)(3)(B), by inserting
``Housing'' after ``Multifamily'';</DELETED>
<DELETED> (4) in section 515(c)(1)(B), by inserting ``or''
after the semicolon;</DELETED>
<DELETED> (5) in section 517(b)--</DELETED>
<DELETED> (A) in each of paragraphs (1) through (6),
by capitalizing the first letter of the first word that
follows the paragraph heading;</DELETED>
<DELETED> (B) in each of paragraphs (1) through (5),
by striking the semicolon at the end and inserting a
period; and</DELETED>
<DELETED> (C) in paragraph (6), by striking ``;
and'' at the end and inserting a period;</DELETED>
<DELETED> (6) in section 520(b), by striking ``Banking
and''; and</DELETED>
<DELETED> (7) in section 573(d)(2), by striking ``Banking
and''.</DELETED>
<DELETED>Subtitle B--Office of Multifamily Housing Assistance
Restructuring</DELETED>
<DELETED>SEC. 621. REAUTHORIZATION OF OFFICE AND EXTENSION OF
PROGRAM.</DELETED>
<DELETED> Section 579 of the Multifamily Assisted Housing Reform and
Affordability Act of 1997 (42 U.S.C. 1437f note) is amended--</DELETED>
<DELETED> (1) by striking subsection (a) and inserting the
following new subsection:</DELETED>
<DELETED> ``(a) Repeals.--</DELETED>
<DELETED> ``(1) Mark-to-market program.--Subtitle A (except
for section 524) is repealed effective October 1,
2006.</DELETED>
<DELETED> ``(2) OMHAR.--Subtitle D (except for this section)
is repealed effective October 1, 2004.'';</DELETED>
<DELETED> (2) in subsection (b), by striking ``October 1,
2001'' and inserting ``October 1, 2006'';</DELETED>
<DELETED> (3) in subsection (c), by striking ``upon
September 30, 2001'' and inserting ``at the end of September
30, 2004''; and</DELETED>
<DELETED> (4) by striking subsection (d) and inserting the
following new subsection:</DELETED>
<DELETED> ``(d) Transfer of Authority.--Effective upon the repeal of
subtitle D under subsection (a)(2) of this section, all authority and
responsibilities to administer the program under subtitle A are
transferred to the Secretary.''.</DELETED>
<DELETED>SEC. 622. APPOINTMENT OF DIRECTOR.</DELETED>
<DELETED> (a) In General.--Section 572 of the Multifamily Assisted
Housing Reform and Affordability Act of 1997 (42 U.S.C. 1437f note) is
amended by striking subsection (a) and inserting the following new
subsection:</DELETED>
<DELETED> ``(a) Appointment.--The Office shall be under the
management of a Director, who shall be appointed by the President from
among individuals who are citizens of the United States and have a
demonstrated understanding of financing and mortgage restructuring for
affordable multifamily housing.''.</DELETED>
<DELETED> (b) Applicability.--The amendment made by subsection (a)
shall apply to the first Director of the Office of Multifamily Housing
Assistance Restructuring of the Department of Housing and Urban
Development appointed after the date of the enactment of this Act, and
any such Director appointed thereafter.</DELETED>
<DELETED>SEC. 623. VACANCY IN POSITION OF DIRECTOR.</DELETED>
<DELETED> (a) In General.--Section 572 of the Multifamily Assisted
Housing Reform and Affordability Act of 1997 (42 U.S.C. 1437f note) is
amended by striking subsection (b) and inserting the following new
subsection:</DELETED>
<DELETED> ``(b) Vacancy.--A vacancy in the position of Director
shall be filled by appointment in the manner provided under subsection
(a). The President shall make such an appointment not later than 60
days after such position first becomes vacant.''.</DELETED>
<DELETED> (b) Applicability.--The amendment made by subsection (a)
shall apply to any vacancy in the position of Director of the Office of
Multifamily Housing Assistance Restructuring of the Department of
Housing and Urban Development which occurs or exists after the date of
the enactment of this Act.</DELETED>
<DELETED>SEC. 624. OVERSIGHT BY FEDERAL HOUSING COMMISSIONER.</DELETED>
<DELETED> (a) In General.--Section 578 of the Multifamily Assisted
Housing Reform and Affordability Act of 1997 (42 U.S.C. 1437f note) is
amended to read as follows:</DELETED>
<DELETED>``SEC. 578. OVERSIGHT BY FEDERAL HOUSING
COMMISSIONER.</DELETED>
<DELETED> ``All authority and responsibilities assigned under this
subtitle to the Secretary shall be carried out through the Assistant
Secretary of the Department of Housing and Urban Development who is the
Federal Housing Commissioner.''.</DELETED>
<DELETED> (b) Report.--The second sentence of section 573(b) of the
Multifamily Assisted Housing Reform and Affordability Act of 1997 (42
U.S.C. 1437f note) is amended by striking ``Secretary'' and inserting
``Assistant Secretary of the Department of Housing and Urban
Development who is the Federal Housing Commissioner''.</DELETED>
<DELETED>SEC. 625. LIMITATION ON SUBSEQUENT EMPLOYMENT.</DELETED>
<DELETED> Section 576 of the Multifamily Assisted Housing Reform and
Affordability Act of 1997 (42 U.S.C. 1437f note) is amended by striking
``2-year period'' and inserting ``1-year period''.</DELETED>
<DELETED>Subtitle C--Miscellaneous Housing Program Amendments</DELETED>
<DELETED>SEC. 631. EXTENSION OF CDBG PUBLIC SERVICES CAP
EXCEPTION.</DELETED>
<DELETED> Section 105(a)(8) of the Housing and Community Development
Act of 1974 (42 U.S.C. 5305(a)(8)) is amended by striking ``through
2001'' and inserting ``through 2003''.</DELETED>
<DELETED>SEC. 632. USE OF SECTION 8 ENHANCED VOUCHERS FOR
PREPAYMENTS.</DELETED>
<DELETED> Section 8(t)(2) of the United States Housing Act of 1937
(42 U.S.C. 1437f(t)(2)) is amended by inserting after ``insurance
contract for the mortgage for such housing project'' the following:
``(including any such mortgage prepayment during fiscal year 1996 or a
fiscal year thereafter or any insurance contract voluntary termination
during fiscal year 1996 or a fiscal year thereafter)''.</DELETED>
<DELETED>SEC. 633. PREPAYMENT AND REFINANCING OF LOANS FOR SECTION 202
SUPPORTIVE HOUSING.</DELETED>
<DELETED> (a) In General.--Section 811 of the American Homeownership
and Economic Opportunity Act of 2000 (12 U.S.C. 1701q note) is amended
by striking subsection (e).</DELETED>
<DELETED> (b) Effectiveness Upon Date of Enactment.--The amendment
made by subsection (a) of this section shall take effect upon the date
of the enactment of this Act and the provisions of section 811 of the
American Homeownership and Economic Opportunity Act of 2000 (12 U.S.C.
1701q note), as amended by subsection (a) of this section, shall apply
as so amended upon such date of enactment, notwithstanding--</DELETED>
<DELETED> (1) any authority of the Secretary of Housing and
Urban Development to issue regulations to implement or carry
out the amendments made by subsection (a) of this section or
the provisions of section 811 of the American Homeownership and
Economic Opportunity Act of 2000 (12 U.S.C. 1701q note);
or</DELETED>
<DELETED> (2) any failure of the Secretary of Housing and
Urban Development to issue any such regulations
authorized.</DELETED>
<DELETED>SEC. 634. TECHNICAL CORRECTION.</DELETED>
<DELETED> (a) In General.--Section 101(a) of Public Law 100-77 (42
U.S.C. 11301 note) is amended to read as if the amendment made by
section 1 of Public Law 106-400 (114 Stat. 1675) were made to ``Section
101'' instead of ``Section 1''.</DELETED>
<DELETED> (b) Retroactive Effect.--The amendment made by subsection
(a) of this section is deemed to have taken effect immediately after
the enactment of Public Law 106-400 (114 Stat. 1675).</DELETED>
<DELETED> This Act may be cited as the ``Departments of Labor,
Health and Human Services, and Education, and Related Agencies
Appropriations Act, 2002''.</DELETED>
That the following sums are appropriated, out of any money in the
Treasury not otherwise appropriated, for the Departments of Labor,
Health and Human Services, and Education, and related agencies for the
fiscal year ending September 30, 2002, and for other purposes, namely:
TITLE I--DEPARTMENT OF LABOR
Employment and Training Administration
training and employment services
For necessary expenses of the Workforce Investment Act, including
the purchase and hire of passenger motor vehicles, the construction,
alteration, and repair of buildings and other facilities, and the
purchase of real property for training centers as authorized by the
Workforce Investment Act and the National Skill Standards Act of 1994;
$3,070,281,000 plus reimbursements, of which $1,670,941,000 is
available for obligation for the period July 1, 2002 through June 30,
2003; of which $1,377,965,000 is available for obligation for the
period April 1, 2002 through June 30, 2003, including $1,127,965,000 to
carry out chapter 4 of the Workforce Investment Act and $250,000,000 to
carry out section 169 of such Act; of which $3,500,000 is available for
obligation October 1, 2001 until expended for carrying out the National
Skills Standards Act of 1994; and of which $20,375,000 is available for
the period July 1, 2002 through June 30, 2005 for necessary expenses of
construction, rehabilitation, and acquisition of Job Corps centers:
Provided, That $9,098,000 shall be for carrying out section 172 of the
Workforce Investment Act: Provided further, That funding provided
herein for carrying out Dislocated Worker Employment and Training
Activities under the Workforce Investment Act shall include
$402,000,000 under section 132(a)(2)(B) of the Act, and $87,000,000
under section 132(a)(2)(A) of the Act: Provided further, That,
notwithstanding any other provision of law or related regulation,
$80,770,000 shall be for carrying out section 167 of the Workforce
Investment Act, including $74,751,000 for formula grants, $5,000,000
for migrant and seasonal housing, and $1,019,000 for other
discretionary purposes: Provided further, That funding provided herein
under section 166 of the Workforce Investment Act shall include
$1,711,000 for use under section 166(j)(1) of the Act: Provided
further, That funds provided to carry out section 171(d) of the
Workforce Investment Act may be used for demonstration projects that
provide assistance to new entrants in the workforce and incumbent
workers: Provided further, That funding appropriated herein for
Dislocated Worker Employment and Training Activities under section
132(a)(2)(A) of the Workforce Investment Act may be distributed for
Dislocated Worker Projects under section 171(d) of the Act without
regard to the 10 percent limitation contained in section 171(d) of the
Act: Provided further, That no funds from any other appropriation shall
be used to provide meal services at or for Job Corps centers.
For necessary expenses of the Workforce Investment Act, including
the purchase and hire of passenger motor vehicles, the construction,
alteration, and repair of buildings and other facilities, and the
purchase of real property for training centers as authorized by the
Workforce Investment Act; $2,463,000,000 plus reimbursements, of which
$2,363,000,000 is available for obligation for the period October 1,
2002 through June 30, 2003, and of which $100,000,000 is available for
the period October 1, 2002 through June 30, 2005, for necessary
expenses of construction, rehabilitation, and acquisition of Job Corps
centers: Provided, That funding provided herein for carrying out
Dislocated Worker Employment and Training Activities under the
Workforce Investment Act shall include $880,800,000 under section
132(a)(2)(B) of the Act, and $179,200,000 under section 132(a)(2)(A) of
the Act.
community service employment for older americans
To carry out title V of the Older Americans Act of 1965, as
amended, $450,000,000.
federal unemployment benefits and allowances
For payments during the current fiscal year of trade adjustment
benefit payments and allowances under part I; and for training,
allowances for job search and relocation, and related State
administrative expenses under part II, subchapters B and D, chapter 2,
title II of the Trade Act of 1974, as amended, $415,650,000, together
with such amounts as may be necessary to be charged to the subsequent
appropriation for payments for any period subsequent to September 15 of
the current year.
state unemployment insurance and employment service operations
For authorized administrative expenses, $191,452,000, together with
not to exceed $3,238,886,000 (including not to exceed $1,228,000 which
may be used for amortization payments to States which had independent
retirement plans in their State employment service agencies prior to
1980), which may be expended from the Employment Security
Administration account in the Unemployment Trust Fund including the
cost of administering section 51 of the Internal Revenue Code of 1986,
as amended, section 7(d) of the Wagner-Peyser Act, as amended, the
Trade Act of 1974, as amended, the Immigration Act of 1990, and the
Immigration and Nationality Act, as amended, and of which the sums
available in the allocation for activities authorized by title III of
the Social Security Act, as amended (42 U.S.C. 502-504), and the sums
available in the allocation for necessary administrative expenses for
carrying out 5 U.S.C. 8501-8523, shall be available for obligation by
the States through December 31, 2002, except that funds used for
automation acquisitions shall be available for obligation by the States
through September 30, 2004; and of which $191,452,000, together with
not to exceed $773,283,000 of the amount which may be expended from
said trust fund, shall be available for obligation for the period July
1, 2002 through June 30, 2003, to fund activities under the Act of June
6, 1933, as amended, including the cost of penalty mail authorized
under 39 U.S.C. 3202(a)(1)(E) made available to States in lieu of
allotments for such purpose: Provided, That to the extent that the
Average Weekly Insured Unemployment (AWIU) for fiscal year 2002 is
projected by the Department of Labor to exceed 2,622,000, an additional
$28,600,000 shall be available for obligation for every 100,000
increase in the AWIU level (including a pro rata amount for any
increment less than 100,000) from the Employment Security
Administration Account of the Unemployment Trust Fund: Provided
further, That funds appropriated in this Act which are used to
establish a national one-stop career center system, or which are used
to support the national activities of the Federal-State unemployment
insurance programs, may be obligated in contracts, grants or agreements
with non-State entities: Provided further, That funds appropriated
under this Act for activities authorized under the Wagner-Peyser Act,
as amended, and title III of the Social Security Act, may be used by
the States to fund integrated Employment Service and Unemployment
Insurance automation efforts, notwithstanding cost allocation
principles prescribed under Office of Management and Budget Circular A-
87: Provided further, That notwithstanding any other provisions of law,
the portion of the funds received by the State of Mississippi in the
settlement of litigation with a contractor relating to the acquisition
of an automated system for benefit payments under the unemployment
compensation program that is attributable to the expenditure of Federal
grant funds awarded to the State shall be transferred to the account
under this heading and shall be made available by the Department of
Labor to the State of Mississippi for obligation by the State through
fiscal year 2004 to carry out automation and related activities under
the unemployment compensation program.
advances to the unemployment trust fund and other funds
For repayable advances to the Unemployment Trust Fund as authorized
by sections 905(d) and 1203 of the Social Security Act, as amended, and
to the Black Lung Disability Trust Fund as authorized by section
9501(c)(1) of the Internal Revenue Code of 1954, as amended; and for
nonrepayable advances to the Unemployment Trust Fund as authorized by
section 8509 of title 5, United States Code, and to the ``Federal
unemployment benefits and allowances'' account, to remain available
until September 30, 2003, $464,000,000.
In addition, for making repayable advances to the Black Lung
Disability Trust Fund in the current fiscal year after September 15,
2002, for costs incurred by the Black Lung Disability Trust Fund in the
current fiscal year, such sums as may be necessary.
program administration
For expenses of administering employment and training programs,
$112,571,000, including $5,903,000 to administer welfare-to-work
grants, together with not to exceed $48,507,000, which may be expended
from the Employment Security Administration account in the Unemployment
Trust Fund.
Pension and Welfare Benefits Administration
salaries and expenses
For necessary expenses for the Pension and Welfare Benefits
Administration, $112,418,000.
Pension Benefit Guaranty Corporation
pension benefit guaranty corporation fund
The Pension Benefit Guaranty Corporation is authorized to make such
expenditures, including financial assistance authorized by section 104
of Public Law 96-364, within limits of funds and borrowing authority
available to such Corporation, and in accord with law, and to make such
contracts and commitments without regard to fiscal year limitations as
provided by section 104 of the Government Corporation Control Act, as
amended (31 U.S.C. 9104), as may be necessary in carrying out the
program through September 30, 2002, for such Corporation: Provided,
That not to exceed $11,690,000 shall be available for administrative
expenses of the Corporation: Provided further, That expenses of such
Corporation in connection with the termination of pension plans, for
the acquisition, protection or management, and investment of trust
assets, and for benefits administration services shall be considered as
non-administrative expenses for the purposes hereof, and excluded from
the above limitation.
Employment Standards Administration
salaries and expenses
For necessary expenses for the Employment Standards Administration,
including reimbursement to State, Federal, and local agencies and their
employees for inspection services rendered, $375,164,000, together with
$1,981,000 which may be expended from the Special Fund in accordance
with sections 39(c), 44(d) and 44(j) of the Longshore and Harbor
Workers' Compensation Act: Provided, That $2,000,000 shall be for the
development of an alternative system for the electronic submission of
reports required to be filed under the Labor-Management Reporting and
Disclosure Act of 1959, as amended, and for a computer database of the
information for each submission by whatever means, that is indexed and
easily searchable by the public via the Internet: Provided further,
That the Secretary of Labor is authorized to accept, retain, and spend,
until expended, in the name of the Department of Labor, all sums of
money ordered to be paid to the Secretary of Labor, in accordance with
the terms of the Consent Judgment in Civil Action No. 91-0027 of the
United States District Court for the District of the Northern Mariana
Islands (May 21, 1992): Provided further, That the Secretary of Labor
is authorized to establish and, in accordance with 31 U.S.C. 3302,
collect and deposit in the Treasury fees for processing applications
and issuing certificates under sections 11(d) and 14 of the Fair Labor
Standards Act of 1938, as amended (29 U.S.C. 211(d) and 214) and for
processing applications and issuing registrations under title I of the
Migrant and Seasonal Agricultural Worker Protection Act (29 U.S.C. 1801
et seq.).
special benefits
(including transfer of funds)
For the payment of compensation, benefits, and expenses (except
administrative expenses) accruing during the current or any prior
fiscal year authorized by title 5, chapter 81 of the United States
Code; continuation of benefits as provided for under the heading
``Civilian War Benefits'' in the Federal Security Agency Appropriation
Act, 1947; the Employees' Compensation Commission Appropriation Act,
1944; sections 4(c) and 5(f) of the War Claims Act of 1948 (50 U.S.C.
App. 2012); and 50 percent of the additional compensation and benefits
required by section 10(h) of the Longshore and Harbor Workers'
Compensation Act, as amended, $121,000,000 together with such amounts
as may be necessary to be charged to the subsequent year appropriation
for the payment of compensation and other benefits for any period
subsequent to August 15 of the current year: Provided, That amounts
appropriated may be used under section 8104 of title 5, United States
Code, by the Secretary of Labor to reimburse an employer, who is not
the employer at the time of injury, for portions of the salary of a
reemployed, disabled beneficiary: Provided further, That balances of
reimbursements unobligated on September 30, 2001, shall remain
available until expended for the payment of compensation, benefits, and
expenses: Provided further, That in addition there shall be transferred
to this appropriation from the Postal Service and from any other
corporation or instrumentality required under section 8147(c) of title
5, United States Code, to pay an amount for its fair share of the cost
of administration, such sums as the Secretary determines to be the cost
of administration for employees of such fair share entities through
September 30, 2002: Provided further, That of those funds transferred
to this account from the fair share entities to pay the cost of
administration of the Federal Employees' Compensation Act, $36,696,000
shall be made available to the Secretary as follows: (1) for the
operation of and enhancement to the automated data processing systems,
including document imaging and conversion to a paperless office,
$24,522,000; (2) for medical bill review and periodic roll management,
$11,474,000; (3) for communications redesign, $700,000; and (4) the
remaining funds shall be paid into the Treasury as miscellaneous
receipts: Provided further, That the Secretary may require that any
person filing a notice of injury or a claim for benefits under chapter
81 of title 5, United States Code, or 33 U.S.C. 901 et seq., provide as
part of such notice and claim, such identifying information (including
Social Security account number) as such regulations may prescribe.
energy employees occupational illness compensation fund
(including transfer of funds)
For necessary expenses to administer the Energy Employees
Occupational Illness Compensation Act, $136,000,000, to remain
available until expended: Provided, That the Secretary of Labor is
authorized to transfer to any Executive agency with authority under the
Energy Employees Occupational Illness Compensation Act, including
within the Department of Labor, such sums as may be necessary in fiscal
year 2002 to carry out those authorities: Provided further, That the
Secretary may require that any person filing a claim for benefits under
the Act provide as part of such claim, such identifying information
(including Social Security account number) as may be prescribed.
black lung disability trust fund
(including transfer of funds)
In fiscal year 2002, such sums as may be necessary from the Black
Lung Disability Trust Fund, to remain available until expended, for
payment of all benefits authorized by section 9501(d) (1), (2), (4),
and (7), of the Internal Revenue Code of 1954, as amended; and interest
on advances as authorized by section 9501(c)(2) of that Act. In
addition, the following amounts shall be available from the Fund for
fiscal year 2002 for expenses of operation and administration of the
Black Lung Benefits program as authorized by section 9501(d)(5) of that
Act: $31,558,000 for transfer to the Employment Standards
Administration, ``Salaries and Expenses''; $22,590,000 for transfer to
Departmental Management, ``Salaries and Expenses''; $328,000 for
transfer to Departmental Management, ``Office of Inspector General'';
and $356,000 for payments into miscellaneous receipts for the expenses
of the Department of Treasury.
Occupational Safety and Health Administration
salaries and expenses
For necessary expenses for the Occupational Safety and Health
Administration, $450,262,000, including not to exceed $92,119,000 which
shall be the maximum amount available for grants to States under
section 23(g) of the Occupational Safety and Health Act, which grants
shall be no less than 50 percent of the costs of State occupational
safety and health programs required to be incurred under plans approved
by the Secretary under section 18 of the Occupational Safety and Health
Act of 1970; and, in addition, notwithstanding 31 U.S.C. 3302, the
Occupational Safety and Health Administration may retain up to $750,000
per fiscal year of training institute course tuition fees, otherwise
authorized by law to be collected, and may utilize such sums for
occupational safety and health training and education grants: Provided,
That, notwithstanding 31 U.S.C. 3302, the Secretary of Labor is
authorized, during the fiscal year ending September 30, 2002, to
collect and retain fees for services provided to Nationally Recognized
Testing Laboratories, and may utilize such sums, in accordance with the
provisions of 29 U.S.C. 9a, to administer national and international
laboratory recognition programs that ensure the safety of equipment and
products used by workers in the workplace: Provided further, That none
of the funds appropriated under this paragraph shall be obligated or
expended to prescribe, issue, administer, or enforce any standard,
rule, regulation, or order under the Occupational Safety and Health Act
of 1970 which is applicable to any person who is engaged in a farming
operation which does not maintain a temporary labor camp and employs 10
or fewer employees: Provided further, That no funds appropriated under
this paragraph shall be obligated or expended to administer or enforce
any standard, rule, regulation, or order under the Occupational Safety
and Health Act of 1970 with respect to any employer of 10 or fewer
employees who is included within a category having an occupational
injury lost workday case rate, at the most precise Standard Industrial
Classification Code for which such data are published, less than the
national average rate as such rates are most recently published by the
Secretary, acting through the Bureau of Labor Statistics, in accordance
with section 24 of that Act (29 U.S.C. 673), except--
(1) to provide, as authorized by such Act, consultation,
technical assistance, educational and training services, and to
conduct surveys and studies;
(2) to conduct an inspection or investigation in response
to an employee complaint, to issue a citation for violations
found during such inspection, and to assess a penalty for
violations which are not corrected within a reasonable
abatement period and for any willful violations found;
(3) to take any action authorized by such Act with respect
to imminent dangers;
(4) to take any action authorized by such Act with respect
to health hazards;
(5) to take any action authorized by such Act with respect
to a report of an employment accident which is fatal to one or
more employees or which results in hospitalization of two or
more employees, and to take any action pursuant to such
investigation authorized by such Act; and
(6) to take any action authorized by such Act with respect
to complaints of discrimination against employees for
exercising rights under such Act:
Provided further, That the foregoing proviso shall not apply to any
person who is engaged in a farming operation which does not maintain a
temporary labor camp and employs 10 or fewer employees.
Mine Safety and Health Administration
salaries and expenses
For necessary expenses for the Mine Safety and Health
Administration, $256,093,000, including purchase and bestowal of
certificates and trophies in connection with mine rescue and first-aid
work, and the hire of passenger motor vehicles; including up to
$1,000,000 for mine rescue and recovery activities, which shall be
available only to the extent that fiscal year 2002 obligations for
these activities exceed $1,000,000; in addition, not to exceed $750,000
may be collected by the National Mine Health and Safety Academy for
room, board, tuition, and the sale of training materials, otherwise
authorized by law to be collected, to be available for mine safety and
health education and training activities, notwithstanding 31 U.S.C.
3302; and, in addition, the Mine Safety and Health Administration may
retain up to $1,000,000 from fees collected for the approval and
certification of equipment, materials, and explosives for use in mines,
and may utilize such sums for such activities; the Secretary is
authorized to accept lands, buildings, equipment, and other
contributions from public and private sources and to prosecute projects
in cooperation with other agencies, Federal, State, or private; the
Mine Safety and Health Administration is authorized to promote health
and safety education and training in the mining community through
cooperative programs with States, industry, and safety associations;
and any funds available to the department may be used, with the
approval of the Secretary, to provide for the costs of mine rescue and
survival operations in the event of a major disaster.
Bureau of Labor Statistics
salaries and expenses
For necessary expenses for the Bureau of Labor Statistics,
including advances or reimbursements to State, Federal, and local
agencies and their employees for services rendered, $396,588,000,
together with not to exceed $69,132,000, which may be expended from the
Employment Security Administration account in the Unemployment Trust
Fund; and $10,280,000 which shall be available for obligation for the
period July 1, 2002 through June 30, 2003, for Occupational Employment
Statistics.
Departmental Management
salaries and expenses
For necessary expenses for Departmental Management, including the
hire of three sedans, and including the management or operation,
through contracts, grants or other arrangements of Departmental
bilateral and multilateral foreign technical assistance, and
$37,000,000 for the acquisition of Departmental information technology,
architecture, infrastructure, equipment, software and related needs
which will be allocated by the Department's Chief Information Officer
in accordance with the Department's capital investment management
process to assure a sound investment strategy; $361,524,000; together
with not to exceed $310,000, which may be expended from the Employment
Security Administration account in the Unemployment Trust Fund:
Provided, That no funds made available by this Act may be used by the
Solicitor of Labor to participate in a review in any United States
court of appeals of any decision made by the Benefits Review Board
under section 21 of the Longshore and Harbor Workers' Compensation Act
(33 U.S.C. 921) where such participation is precluded by the decision
of the United States Supreme Court in Director, Office of Workers'
Compensation Programs v. Newport News Shipbuilding, 115 S. Ct. 1278
(1995), notwithstanding any provisions to the contrary contained in
Rule 15 of the Federal Rules of Appellate Procedure: Provided further,
That no funds made available by this Act may be used by the Secretary
of Labor to review a decision under the Longshore and Harbor Workers'
Compensation Act (33 U.S.C. 901 et seq.) that has been appealed and
that has been pending before the Benefits Review Board for more than 12
months: Provided further, That any such decision pending a review by
the Benefits Review Board for more than 1 year shall be considered
affirmed by the Benefits Review Board on the 1-year anniversary of the
filing of the appeal, and shall be considered the final order of the
Board for purposes of obtaining a review in the United States courts of
appeals: Provided further, That these provisions shall not be
applicable to the review or appeal of any decision issued under the
Black Lung Benefits Act (30 U.S.C. 901 et seq.).
office of disability employment policy
For necessary expenses of the Office of Disability Employment
Policy to provide leadership, develop policy and initiatives, and award
grants furthering the objective of eliminating barriers to the training
and employment of people with disabilities, $43,263,000, of which not
to exceed $2,640,000 shall be for the President's Task Force on the
Employment of Adults with Disabilities.
veterans employment and training
Not to exceed $186,903,000 may be derived from the Employment
Security Administration account in the Unemployment Trust Fund to carry
out the provisions of 38 U.S.C. 4100-4110A, 4212, 4214, and 4321-4327,
and Public Law 103-353, and which shall be available for obligation by
the States through December 31, 2002. To carry out the Stewart B.
McKinney Homeless Assistance Act and section 168 of the Workforce
Investment Act of 1998, $26,800,000, of which $7,800,000 shall be
available for obligation for the period July 1, 2002, through June 30,
2003.
office of inspector general
For salaries and expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978, as
amended, $52,182,000, together with not to exceed $4,951,000, which may
be expended from the Employment Security Administration account in the
Unemployment Trust Fund.
GENERAL PROVISIONS
Sec. 101. None of the funds appropriated in this title for the Job
Corps shall be used to pay the compensation of an individual, either as
direct costs or any proration as an indirect cost, at a rate in excess
of Executive Level II.
(transfer of funds)
Sec. 102. Not to exceed 1 percent of any discretionary funds
(pursuant to the Balanced Budget and Emergency Deficit Control Act of
1985, as amended) which are appropriated for the current fiscal year
for the Department of Labor in this Act may be transferred between
appropriations, but no such appropriation shall be increased by more
than 3 percent by any such transfer: Provided, That the Appropriations
Committees of both Houses of Congress are notified at least 15 days in
advance of any transfer.
Sec. 103. It is the sense of the Senate that amounts should be
appropriated to provide dislocated worker employment and training
assistance under the Workforce Investment Act to airport career centers
(to be located with the Port Authority of New York and New Jersey) to
enable such centers to provide services to workers in the airline and
related industries (including ground transportation and other
businesses) who have been dislocated as a result of the September 11,
2001 attack on the World Trade Center.
Sec. 104. It is the sense of the Senate that amounts should be
appropriated to provide adult employment and training activities to
assist individuals with disabilities from New York and New Jersey who
require vocational rehabilitative services as a result of the September
11, 2001 attack on the World Trade Center in order to permit such
individuals to return to work or maintain employment.
This title may be cited as the ``Department of Labor Appropriations
Act, 2002''.
TITLE II--DEPARTMENT OF HEALTH AND HUMAN SERVICES
Health Resources and Services Administration
health resources and services
For carrying out titles II, III, VII, VIII, X, XII, XIX, and XXVI
of the Public Health Service Act, section 427(a) of the Federal Coal
Mine Health and Safety Act, title V and sections 1128E and 1820 of the
Social Security Act, the Health Care Quality Improvement Act of 1986,
as amended, the Native Hawaiian Health Care Act of 1988, as amended,
the Cardiac Arrest Survival Act of 2000, and the Poison Control Center
Enhancement and Awareness Act, $5,496,343,000, of which $10,000,000
shall be available for construction and renovation of health care and
other facilities, and of which $25,000,000 from general revenues,
notwithstanding section 1820(j) of the Social Security Act, shall be
available for carrying out the Medicare rural hospital flexibility
grants program under section 1820 of such Act: Provided, That the
Division of Federal Occupational Health may utilize personal services
contracting to employ professional management/administrative and
occupational health professionals: Provided further, That of the funds
made available under this heading, $250,000 shall be available until
expended for facilities renovations at the Gillis W. Long Hansen's
Disease Center: Provided further, That in addition to fees authorized
by section 427(b) of the Health Care Quality Improvement Act of 1986,
fees shall be collected for the full disclosure of information under
the Act sufficient to recover the full costs of operating the National
Practitioner Data Bank, and shall remain available until expended to
carry out that Act: Provided further, That fees collected for the full
disclosure of information under the ``Health Care Fraud and Abuse Data
Collection Program,'' authorized by section 1128E(d)(2) of the Social
Security Act, shall be sufficient to recover the full costs of
operating the program, and shall remain available until expended to
carry out that Act: Provided further, That no more than $5,000,000 is
available for carrying out the provisions of Public Law 104-73:
Provided further, That of the funds made available under this heading,
$266,000,000 shall be for the program under title X of the Public
Health Service Act to provide for voluntary family planning projects:
Provided further, That amounts provided to said projects under such
title shall not be expended for abortions, that all pregnancy
counseling shall be nondirective, and that such amounts shall not be
expended for any activity (including the publication or distribution of
literature) that in any way tends to promote public support or
opposition to any legislative proposal or candidate for public office:
Provided further, That $610,000,000 shall be for State AIDS Drug
Assistance Programs authorized by section 2616 of the Public Health
Service Act: Provided further, That of the amount provided for Rural
Health Outreach Grants, $12,500,000 shall be available to improve
access to automatic external defibrillators in rural communities.
For special projects of regional and national significance under
section 501(a)(2) of the Social Security Act, $30,000,000, which shall
become available on October 1, 2002, and shall remain available until
September 30, 2003: Provided, That such amount shall not be counted
toward compliance with the allocation required in section 502(a)(1) of
such Act: Provided further, That such amount shall be used only for
making competitive grants to provide abstinence education (as defined
in section 510(b)(2) of such Act) to adolescents and for evaluations
(including longitudinal evaluations) of activities under the grants and
for Federal costs of administering the grants: Provided further, That
grants shall be made only to public and private entities which agree
that, with respect to an adolescent to whom the entities provide
abstinence education under such grant, the entities will not provide to
that adolescent any other education regarding sexual conduct, except
that, in the case of an entity expressly required by law to provide
health information or services the adolescent shall not be precluded
from seeking health information or services from the entity in a
different setting than the setting in which the abstinence education
was provided: Provided further, That the funds expended for such
evaluations may not exceed 3.5 percent of such amount.
health education assistance loans program account
Such sums as may be necessary to carry out the purpose of the
program, as authorized by title VII of the Public Health Service Act,
as amended. For administrative expenses to carry out the guaranteed
loan program, including section 709 of the Public Health Service Act,
$3,792,000.
vaccine injury compensation program trust fund
For payments from the Vaccine Injury Compensation Program Trust
Fund, such sums as may be necessary for claims associated with vaccine-
related injury or death with respect to vaccines administered after
September 30, 1988, pursuant to subtitle 2 of title XXI of the Public
Health Service Act, to remain available until expended: Provided, That
for necessary administrative expenses, not to exceed $2,992,000 shall
be available from the Trust Fund to the Secretary of Health and Human
Services.
Centers for Disease Control and Prevention
disease control, research, and training
To carry out titles II, III, VII, XI, XV, XVII, XIX and XXVI of the
Public Health Service Act, sections 101, 102, 103, 201, 202, 203, 301,
and 501 of the Federal Mine Safety and Health Act of 1977, sections 20,
21, and 22 of the Occupational Safety and Health Act, of 1970, title IV
of the Immigration and Nationality Act and section 501 of the Refugee
Education Assistance Act of 1980; including insurance of official motor
vehicles in foreign countries; and hire, maintenance, and operation of
aircraft, $4,418,910,000, of which $250,000,000 shall remain available
until expended for equipment and construction and renovation of
facilities, and in addition, such sums as may be derived from
authorized user fees, which shall be credited to this account, of which
$52,000,000 shall remain available until expended for the National
Pharmaceutical Stockpile, and of which $154,527,000 for international
HIV/AIDS programs shall remain available until September 30, 2003:
Provided, That $126,978,000 shall be available to carry out the
National Center for Health Statistics Surveys: Provided further, That
none of the funds made available for injury prevention and control at
the Centers for Disease Control and Prevention may be used to advocate
or promote gun control: Provided further, That the Director may
redirect the total amount made available under authority of Public Law
101-502, section 3, dated November 3, 1990, to activities the Director
may so designate: Provided further, That the Congress is to be notified
promptly of any such transfer: Provided further, That not to exceed
$10,000,000 may be available for making grants under section 1509 of
the Public Health Service Act to not more than 15 States: Provided
further, That notwithstanding any other provision of law, a single
contract or related contracts for development and construction of
facilities may be employed which collectively include the full scope of
the project: Provided further, That the solicitation and contract shall
contain the clause ``availability of funds'' found at 48 CFR 52.232-18.
National Institutes of Health
national cancer institute
For carrying out section 301 and title IV of the Public Health
Service Act with respect to cancer, $4,258,516,000.
national heart, lung, and blood institute
For carrying out section 301 and title IV of the Public Health
Service Act with respect to cardiovascular, lung, and blood diseases,
and blood and blood products, $2,618,966,000.
national institute of dental and craniofacial research
For carrying out section 301 and title IV of the Public Health
Service Act with respect to dental disease, $348,767,000.
national institute of diabetes and digestive and kidney diseases
For carrying out section 301 and title IV of the Public Health
Service Act with respect to diabetes and digestive and kidney disease,
$1,501,476,000.
national institute of neurological disorders and stroke
For carrying out section 301 and title IV of the Public Health
Service Act with respect to neurological disorders and stroke,
$1,352,055,000.
national institute of allergy and infectious diseases
For carrying out section 301 and title IV of the Public Health
Service Act with respect to allergy and infectious diseases,
$2,375,836,000.
national institute of general medical sciences
For carrying out section 301 and title IV of the Public Health
Service Act with respect to general medical sciences, $1,753,465,000.
national institute of child health and human development
For carrying out section 301 and title IV of the Public Health
Service Act with respect to child health and human development,
$1,123,692,000.
national eye institute
For carrying out section 301 and title IV of the Public Health
Service Act with respect to eye diseases and visual disorders,
$614,000,000.
national institute of environmental health sciences
For carrying out sections 301 and 311 and title IV of the Public
Health Service Act with respect to environmental health sciences,
$585,946,000.
national institute on aging
For carrying out section 301 and title IV of the Public Health
Service Act with respect to aging, $909,174,000.
national institute of arthritis and musculoskeletal and skin diseases
For carrying out section 301 and title IV of the Public Health
Service Act with respect to arthritis and musculoskeletal and skin
diseases, $460,202,000.
national institute on deafness and other communication disorders
For carrying out section 301 and title IV of the Public Health
Service Act with respect to deafness and other communication disorders,
$349,983,000.
national institute of nursing research
For carrying out section 301 and title IV of the Public Health
Service Act with respect to nursing research, $125,659,000.
national institute on alcohol abuse and alcoholism
For carrying out section 301 and title IV of the Public Health
Service Act with respect to alcohol abuse and alcoholism, $390,761,000.
national institute on drug abuse
For carrying out section 301 and title IV of the Public Health
Service Act with respect to drug abuse, $902,000,000.
national institute of mental health
For carrying out section 301 and title IV of the Public Health
Service Act with respect to mental health, $1,279,383,000.
national human genome research institute
For carrying out section 301 and title IV of the Public Health
Service Act with respect to human genome research, $440,448,000.
national institute for biomedical imaging and bioengineering
For carrying out section 301 and title IV of the Public Health
Service Act with respect to biomedical imaging and bioengineering
research, $140,000,000.
national center for research resources
For carrying out section 301 and title IV of the Public Health
Service Act with respect to research resources and general research
support grants, $1,014,044,000: Provided, That none of these funds
shall be used to pay recipients of the general research support grants
program any amount for indirect expenses in connection with such
grants: Provided further, That $125,000,000 shall be for extramural
facilities construction grants.
national center for complementary and alternative medicine
For carrying out section 301 and title IV of the Public Health
Service Act with respect to complementary and alternative medicine,
$110,000,000.
national center on minority health and health disparities
For carrying out section 301 and title IV of the Public Health
Service Act with respect to minority health and health disparities
research, $158,421,000.
john e. fogarty international center
For carrying out the activities at the John E. Fogarty
International Center, $57,874,000.
national library of medicine
For carrying out section 301 and title IV of the Public Health
Service Act with respect to health information communications,
$281,584,000, of which $4,000,000 shall be available until expended for
improvement of information systems: Provided, That in fiscal year 2002,
the Library may enter into personal services contracts for the
provision of services in facilities owned, operated, or constructed
under the jurisdiction of the National Institutes of Health.
office of the director
(including transfer of funds)
For carrying out the responsibilities of the Office of the
Director, National Institutes of Health, $236,408,000: Provided, That
funding shall be available for the purchase of not to exceed 29
passenger motor vehicles for replacement only: Provided further, That
the Director may direct up to 1 percent of the total amount made
available in this or any other Act to all National Institutes of Health
appropriations to activities the Director may so designate: Provided
further, That no such appropriation shall be decreased by more than 1
percent by any such transfers and that the Congress is promptly
notified of the transfer: Provided further, That the National
Institutes of Health is authorized to collect third party payments for
the cost of clinical services that are incurred in National Institutes
of Health research facilities and that such payments shall be credited
to the National Institutes of Health Management Fund: Provided further,
That all funds credited to the National Institutes of Health Management
Fund shall remain available for one fiscal year after the fiscal year
in which they are deposited: Provided further, That up to $500,000
shall be available to carry out section 499 of the Public Health
Service Act: Provided further, That, notwithstanding section 499(k)(10)
of the Public Health Service Act, funds from the Foundation for the
National Institutes of Health may be transferred to the National
Institutes of Health.
buildings and facilities
For the study of, construction of, and acquisition of equipment
for, facilities of or used by the National Institutes of Health,
including the acquisition of real property, $306,600,000, to remain
available until expended, of which $26,000,000 shall be for the John
Edward Porter Neuroscience Research Center: Provided, That
notwithstanding any other provision of law, a single contract or
related contracts, which collectively include the full scope of the
project, may be employed for the development and construction of the
first and second phases of the John Edward Porter Neuroscience Research
Center: Provided further, That the solicitation and contract shall
contain the clause ``availability of funds'' found at 48 CFR 52.232-18.
Substance Abuse and Mental Health Services Administration
substance abuse and mental health services
For carrying out titles V and XIX of the Public Health Service Act
with respect to substance abuse and mental health services, the
Protection and Advocacy for Mentally Ill Individuals Act of 1986, and
section 301 of the Public Health Service Act with respect to program
management, $3,088,456,000: Provided, That $10,000,000 shall be made
available to carry out subtitle C of title XXXVI of the Children's
Health Act of 2000 (and the amendments made by such subtitle): Provided
further, That $5,000,000 shall be made available for mental health
providers serving public safety workers affected by disasters of
national significance.
Agency for Healthcare Research and Quality
healthcare research and quality
For carrying out titles III and IX of the Public Health Service
Act, $291,245,000, together with amounts received from Freedom of
Information Act fees, reimbursable and interagency agreements, and the
sale of data, which shall be credited to this appropriation and shall
remain available until expended.
Center for Medicare and Medicaid Services
grants to states for medicaid
For carrying out, except as otherwise provided, titles XI and XIX
of the Social Security Act, $106,821,882,000, to remain available until
expended.
For making, after May 31, 2002, payments to States under title XIX
of the Social Security Act for the last quarter of fiscal year 2002 for
unanticipated costs, incurred for the current fiscal year, such sums as
may be necessary.
For making payments to States or in the case of section 1928 on
behalf of States under title XIX of the Social Security Act for the
first quarter of fiscal year 2003, $46,601,937,000, to remain available
until expended.
Payment under title XIX may be made for any quarter with respect to
a State plan or plan amendment in effect during such quarter, if
submitted in or prior to such quarter and approved in that or any
subsequent quarter.
payments to health care trust funds
For payment to the Federal Hospital Insurance and the Federal
Supplementary Medical Insurance Trust Funds, as provided under section
1844 of the Social Security Act, sections 103(c) and 111(d) of the
Social Security Amendments of 1965, section 278(d) of Public Law 97-
248, and for administrative expenses incurred pursuant to section
201(g) of the Social Security Act, $81,994,200,000.
program management
For carrying out, except as otherwise provided, titles XI, XVIII,
XIX, and XXI of the Social Security Act, titles XIII and XXVII of the
Public Health Service Act, and the Clinical Laboratory Improvement
Amendments of 1988, not to exceed $2,464,658,000, to be transferred
from the Federal Hospital Insurance and the Federal Supplementary
Medical Insurance Trust Funds, as authorized by section 201(g) of the
Social Security Act; together with all funds collected in accordance
with section 353 of the Public Health Service Act, section 1857(e)(2)
of the Social Security Act, and such sums as may be collected from
authorized user fees and the sale of data, which shall remain available
until expended, and together with administrative fees collected
relative to Medicare overpayment recovery activities, which shall
remain available until expended: Provided, That all funds derived in
accordance with 31 U.S.C. 9701 from organizations established under
title XIII of the Public Health Service Act shall be credited to and
available for carrying out the purposes of this appropriation: Provided
further, That $18,200,000 appropriated under this heading for the
managed care system redesign shall remain available until expended:
Provided further, That the Secretary of Health and Human Services is
directed to collect fees in fiscal year 2002 from Medicare+Choice
organizations pursuant to section 1857(e)(2) of the Social Security Act
and from eligible organizations with risk-sharing contracts under
section 1876 of that Act pursuant to section 1876(k)(4)(D) of that Act.
health maintenance organization loan and loan guarantee fund
For carrying out subsections (d) and (e) of section 1308 of the
Public Health Service Act, any amounts received by the Secretary in
connection with loans and loan guarantees under title XIII of the
Public Health Service Act, to be available without fiscal year
limitation for the payment of outstanding obligations. During fiscal
year 2002, no commitments for direct loans or loan guarantees shall be
made.
Administration for Children and Families
payments to states for child support enforcement and family support
programs
For making payments to States or other non-Federal entities under
titles I, IV-D, X, XI, XIV, and XVI of the Social Security Act and the
Act of July 5, 1960 (24 U.S.C. ch. 9), $2,447,800,000, to remain
available until expended; and for such purposes for the first quarter
of fiscal year 2003, $1,100,000,000, to remain available until
expended.
For making payments to each State for carrying out the program of
Aid to Families with Dependent Children under title IV-A of the Social
Security Act before the effective date of the program of Temporary
Assistance to Needy Families (TANF) with respect to such State, such
sums as may be necessary: Provided, That the sum of the amounts
available to a State with respect to expenditures under such title IV-A
in fiscal year 1997 under this appropriation and under such title IV-A
as amended by the Personal Responsibility and Work Opportunity
Reconciliation Act of 1996 shall not exceed the limitations under
section 116(b) of such Act.
For making, after May 31 of the current fiscal year, payments to
States or other non-Federal entities under titles I, IV-D, X, XI, XIV,
and XVI of the Social Security Act and the Act of July 5, 1960 (24
U.S.C. ch. 9), for the last 3 months of the current fiscal year for
unanticipated costs, incurred for the current fiscal year, such sums as
may be necessary.
low income home energy assistance
For making payments under title XXVI of the Omnibus Budget
Reconciliation Act of 1981, $1,700,000,000.
For making payments under title XXVI of the Omnibus Budget
Reconciliation Act of 1981, $300,000,000: Provided, That these funds
are hereby designated by the Congress to be emergency requirements
pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency
Deficit Control Act of 1985: Provided further, That these funds shall
be made available only after submission to the Congress of an official
budget request by the President that includes designation of the entire
amount of the request as an emergency requirement as defined in such
Act.
refugee and entrant assistance
For making payments for refugee and entrant assistance activities
authorized by title IV of the Immigration and Nationality Act and
section 501 of the Refugee Education Assistance Act of 1980 (Public Law
96-422), $435,224,000 to remain available through September 30, 2004:
Provided, That up to $10,000,000 is available to carry out the
Trafficking Victims Protection Act of 2000.
For carrying out section 5 of the Torture Victims Relief Act of
1998 (Public Law 105-320), $10,000,000.
payments to states for the child care and development block grant
For carrying out sections 658A through 658R of the Omnibus Budget
Reconciliation Act of 1981 (The Child Care and Development Block Grant
Act of 1990), $2,000,000,000 shall be used to supplement, not supplant
state general revenue funds for child care assistance for low-income
families: Provided, That $19,120,000 shall be available for child care
resource and referral and school-aged child care activities, of which
$1,000,000 shall be for the Child Care Aware toll free hotline:
Provided further, That, in addition to the amounts required to be
reserved by the States under section 658G, $272,672,000 shall be
reserved by the States for activities authorized under section 658G, of
which $100,000,000 shall be for activities that improve the quality of
infant and toddler child care: Provided further, That $10,000,000 shall
be for use by the Secretary for child care research, demonstration, and
evaluation activities.
social services block grant
For making grants to States pursuant to section 2002 of the Social
Security Act, $1,700,000,000: Provided, That notwithstanding paragraph
(B) of section 404(d)(2) of such Act, the applicable percent specified
under such subparagraph for a State to carry out State programs
pursuant to title XX of such Act shall be 5.7 percent.
children and families services programs
(including rescissions)
For carrying out, except as otherwise provided, the Runaway and
Homeless Youth Act, the Developmental Disabilities Assistance and Bill
of Rights Act, the Head Start Act, the Child Abuse Prevention and
Treatment Act, sections 310 and 316 of the Family Violence Prevention
and Services Act, as amended, the Native American Programs Act of 1974,
title II of Public Law 95-266 (adoption opportunities), the Adoption
and Safe Families Act of 1997 (Public Law 105-89), sections 1201 and
1211 of the Children's Health Act of 2000, the Abandoned Infants
Assistance Act of 1988, the Early Learning Opportunities Act, part B(1)
of title IV and sections 413, 429A, 1110, and 1115 of the Social
Security Act, and sections 40155, 40211, and 40241 of Public Law 103-
322; for making payments under the Community Services Block Grant Act,
section 473A of the Social Security Act, and title IV of Public Law
105-285, and for necessary administrative expenses to carry out said
Acts and titles I, IV, X, XI, XIV, XVI, and XX of the Social Security
Act, the Act of July 5, 1960 (24 U.S.C. ch. 9), the Omnibus Budget
Reconciliation Act of 1981, title IV of the Immigration and Nationality
Act, section 501 of the Refugee Education Assistance Act of 1980,
section 5 of the Torture Victims Relief Act of 1998 (Public Law 105-
320), sections 40155, 40211, and 40241 of Public Law 103-322, sections
310 and 316 of the Family Violence Prevention and Services Act, as
amended, and section 126 and titles IV and V of Public Law 100-485,
$8,592,496,000, of which $43,000,000, to remain available until
September 30, 2003, shall be for grants to States for adoption
incentive payments, as authorized by section 473A of title IV of the
Social Security Act (42 U.S.C. 670-679) and may be made for adoptions
completed in fiscal years 2000 and 2001; of which $765,304,000 shall be
for making payments under the Community Services Block Grant Act; and
of which $6,600,000,000 shall be for making payments under the Head
Start Act, of which $1,400,000,000 shall become available October 1,
2002 and remain available through September 30, 2003: Provided, That to
the extent Community Services Block Grant funds are distributed as
grant funds by a State to an eligible entity as provided under the Act,
and have not been expended by such entity, they shall remain with such
entity for carryover into the next fiscal year for expenditure by such
entity consistent with program purposes: Provided further, That all
eligible entities currently in good standing in the Community Services
Block Grant program shall receive an increase in funding proportionate
to the increase provided in this Act for the Community Services Block
Grant: Provided further, That $105,133,000 shall be for activities
authorized by the Runaway and Homeless Youth Act, notwithstanding the
allocation requirements of section 388(a) of such Act, of which
$33,000,000 is for Maternity Group Homes: Provided further, That
$89,000,000 is for a compassion capital fund to provide grants to
charitable organizations to emulate model social service programs and
to encourage research on the best practices of social service
organizations: Provided further, That the Secretary shall establish
procedures regarding the disposition of intangible property which
permits grant funds, or intangible assets acquired with funds
authorized under section 680 of the Community Services Block Grant Act,
as amended, to become the sole property of such grantees after a period
of not more than 12 years after the end of the grant for purposes and
uses consistent with the original grant: Provided further, That funds
appropriated for section 680(a)(2) of the Community Services Block
Grant Act, as amended, shall be available for financing construction
and rehabilitation and loans or investments in private business
enterprises owned by community development corporations.
Funds appropriated for fiscal year 2002 under section 429A(e), part
B of title IV of the Social Security Act shall be reduced by
$6,000,000.
Funds appropriated for fiscal year 2002 under section 413(h)(1) of
the Social Security Act shall be reduced by $15,000,000.
promoting safe and stable families
For carrying out section 430 of the Social Security Act,
$305,000,000. In addition, for such purposes, $70,000,000 to carry out
such section.
payments to states for foster care and adoption assistance
For making payments to States or other non-Federal entities under
title IV-E of the Social Security Act, $4,885,200,000.
For making payments to States or other non-Federal entities under
title IV-E of the Social Security Act, for the first quarter of fiscal
year 2003, $1,754,000,000.
Administration on Aging
aging services programs
For carrying out, to the extent not otherwise provided, the Older
Americans Act of 1965, as amended, and section 398 of the Public Health
Service Act, $1,209,756,000, of which $5,000,000 shall be available for
activities regarding medication management, screening, and education to
prevent incorrect medication and adverse drug reactions.
Office of the Secretary
general departmental management
For necessary expenses, not otherwise provided, for general
departmental management, including hire of six sedans, and for carrying
out titles III, XVII, and XX of the Public Health Service Act, and the
United States-Mexico Border Health Commission Act, $416,361,000,
together with $5,851,000, to be transferred and expended as authorized
by section 201(g)(1) of the Social Security Act from the Hospital
Insurance Trust Fund and the Supplemental Medical Insurance Trust Fund:
Provided, That of the funds made available under this heading for
carrying out title XX of the Public Health Service Act, $11,885,000
shall be for activities specified under section 2003(b)(2), of which
$10,157,000 shall be for prevention service demonstration grants under
section 510(b)(2) of title V of the Social Security Act, as amended,
without application of the limitation of section 2010(c) of said title
XX: Provided further, That of this amount, $68,700,000 shall be
available to support activities to counter potential biological
disease, and chemical threats to civilian populations; $50,000,000 is
for minority AIDS prevention and treatment activities; and $15,000,000
shall be for an Information Technology Security and Innovation Fund for
department-wide activities involving cybersecurity, information
technology security, and related innovation projects.
office of inspector general
For expenses necessary for the Office of Inspector General,
including the hire of passenger motor vehicles for investigations, in
carrying out the provisions of the Inspector General Act of 1978, as
amended, $35,786,000: Provided, That of such amount, necessary sums are
available for providing protective services to the Secretary and
investigating non-payment of child support cases for which non-payment
is a Federal offense under 18 U.S.C. 228, each of which activities is
hereby authorized in this and subsequent fiscal years.
office for civil rights
For expenses necessary for the Office for Civil Rights,
$28,691,000, together with not to exceed $3,314,000, to be transferred
and expended as authorized by section 201(g)(1) of the Social Security
Act from the Hospital Insurance Trust Fund and the Supplemental Medical
Insurance Trust Fund.
policy research
For carrying out, to the extent not otherwise provided, research
studies under section 1110 of the Social Security Act and title III of
the Public Health Service Act, $20,500,000.
retirement pay and medical benefits for commissioned officers
For retirement pay and medical benefits of Public Health Service
Commissioned Officers as authorized by law, for payments under the
Retired Serviceman's Family Protection Plan and Survivor Benefit Plan,
for medical care of dependents and retired personnel under the
Dependents' Medical Care Act (10 U.S.C. ch. 55), and for payments
pursuant to section 229(b) of the Social Security Act (42 U.S.C.
429(b)), such amounts as may be required during the current fiscal
year.
GENERAL PROVISIONS
Sec. 201. Funds appropriated in this title shall be available for
not to exceed $37,000 for official reception and representation
expenses when specifically approved by the Secretary.
Sec. 202. The Secretary shall make available through assignment not
more than 60 employees of the Public Health Service to assist in child
survival activities and to work in AIDS programs through and with funds
provided by the Agency for International Development, the United
Nations International Children's Emergency Fund or the World Health
Organization.
Sec. 203. None of the funds appropriated under this Act may be used
to implement section 399F(b) of the Public Health Service Act or
section 1503 of the National Institutes of Health Revitalization Act of
1993, Public Law 103-43.
Sec. 204. None of the funds appropriated in this Act for the
National Institutes of Health and the Substance Abuse and Mental Health
Services Administration shall be used to pay the salary of an
individual, through a grant or other extramural mechanism, at a rate in
excess of Executive Level I.
Sec. 205. None of the funds appropriated in this Act may be
expended pursuant to section 241 of the Public Health Service Act,
except for funds specifically provided for in this Act, or for other
taps and assessments made by any office located in the Department of
Health and Human Services, prior to the Secretary's preparation and
submission of a report to the Committee on Appropriations of the Senate
and of the House detailing the planned uses of such funds.
Sec. 206. Notwithstanding section 241(a) of the Public Health
Service Act, such portion as the Secretary shall determine, but not
more than 2 percent, of any amounts appropriated for programs
authorized under the PHS Act and other Acts shall be made available for
the evaluation (directly, or by grants or contracts) of the
implementation and effectiveness of such programs.
(transfer of funds)
Sec. 207. Not to exceed 1 percent of any discretionary funds
(pursuant to the Balanced Budget and Emergency Deficit Control Act of
1985, as amended) which are appropriated for the current fiscal year
for the Department of Health and Human Services in this Act may be
transferred between appropriations, but no such appropriation shall be
increased by more than 3 percent by any such transfer: Provided, That
the Appropriations Committees of both Houses of Congress are notified
at least 15 days in advance of any transfer.
Sec. 208. The Director of the National Institutes of Health,
jointly with the Director of the Office of AIDS Research, may transfer
up to 3 percent among institutes, centers, and divisions from the total
amounts identified by these two Directors as funding for research
pertaining to the human immunodeficiency virus: Provided, That the
Congress is promptly notified of the transfer.
Sec. 209. Of the amounts made available in this Act for the
National Institutes of Health, the amount for research related to the
human immunodeficiency virus, as jointly determined by the Director of
the National Institutes of Health and the Director of the Office of
AIDS Research, shall be made available to the ``Office of AIDS
Research'' account. The Director of the Office of AIDS Research shall
transfer from such account amounts necessary to carry out section
2353(d)(3) of the Public Health Service Act.
Sec. 210. None of the funds appropriated in this Act may be made
available to any entity under title X of the Public Health Service Act
unless the applicant for the award certifies to the Secretary that it
encourages family participation in the decision of minors to seek
family planning services and that it provides counseling to minors on
how to resist attempts to coerce minors into engaging in sexual
activities.
Sec. 211. None of the funds appropriated by this Act (including
funds appropriated to any trust fund) may be used to carry out the
Medicare+Choice program if the Secretary denies participation in such
program to an otherwise eligible entity (including a Provider Sponsored
Organization) because the entity informs the Secretary that it will not
provide, pay for, provide coverage of, or provide referrals for
abortions: Provided, That the Secretary shall make appropriate
prospective adjustments to the capitation payment to such an entity
(based on an actuarially sound estimate of the expected costs of
providing the service to such entity's enrollees): Provided further,
That nothing in this section shall be construed to change the Medicare
program's coverage for such services and a Medicare+Choice organization
described in this section shall be responsible for informing enrollees
where to obtain information about all Medicare covered services.
Sec. 212. Notwithstanding any other provision of law, no provider
of services under title X of the Public Health Service Act shall be
exempt from any State law requiring notification or the reporting of
child abuse, child molestation, sexual abuse, rape, or incest.
Sec. 213. The Foreign Operations, Export Financing, and Related
Programs Appropriations Act, 1990 (Public Law 101-167) is amended--
(1) in section 599D (8 U.S.C. 1157 note)--
(A) in subsection (b)(3), by striking ``1997, 1998,
1999, 2000, and 2001'' and inserting ``1997, 1998,
1999, 2000, 2001, and 2002''; and
(B) in subsection (e), by striking ``October 1,
2001'' each place it appears and inserting ``October 1,
2002''; and
(2) in section 599E (8 U.S.C. 1255 note) in subsection
(b)(2), by striking ``September 30, 2001'' and inserting
``September 30, 2002''.
Sec. 214. (a) Except as provided by subsection (e) none of the
funds appropriated by this Act may be used to withhold substance abuse
funding from a State pursuant to section 1926 of the Public Health
Service Act (42 U.S.C. 300x-26) if such State certifies to the
Secretary of Health and Human Services by May 1, 2002 that the State
will commit additional State funds, in accordance with subsection (b),
to ensure compliance with State laws prohibiting the sale of tobacco
products to individuals under 18 years of age.
(b) The amount of funds to be committed by a State under subsection
(a) shall be equal to 1 percent of such State's substance abuse block
grant allocation for each percentage point by which the State misses
the retailer compliance rate goal established by the Secretary of
Health and Human Services under section 1926 of such Act.
(c) The State is to maintain State expenditures in fiscal year 2002
for tobacco prevention programs and for compliance activities at a
level that is not less than the level of such expenditures maintained
by the State for fiscal year 2001, and adding to that level the
additional funds for tobacco compliance activities required under
subsection (a). The State is to submit a report to the Secretary on all
fiscal year 2001 State expenditures and all fiscal year 2002
obligations for tobacco prevention and compliance activities by program
activity by July 31, 2002.
(d) The Secretary shall exercise discretion in enforcing the timing
of the State obligation of the additional funds required by the
certification described in subsection (a) as late as July 31, 2002.
(e) None of the funds appropriated by this Act may be used to
withhold substance abuse funding pursuant to section 1926 from a
territory that receives less than $1,000,000.
Sec. 215. (a) In order for the Centers for Disease Control and
Prevention to carry out international health activities, including HIV/
AIDS and other infectious disease, chronic and environmental disease,
and other health activities abroad during fiscal year 2002, the
Secretary of Health and Human Services is authorized to--
(1) utilize the authorities contained in subsection 2(c) of
the State Department Basic Authorities Act of 1956, as amended,
and
(2) utilize the authorities contained in 22 U.S.C. sections
291 and 292 and directly or through contract or cooperative
agreement to lease, alter or renovate facilities in foreign
countries, to carry out programs supported by this
appropriation notwithstanding PHS Act section 307.
In exercising the authority set forth in (1) and (2), the Secretary
of Health and Human Services shall consult with the Department of State
to assure that planned activities are within the legal strictures of
the State Department Basic Authorities Act of 1956, as amended, and
other applicable parts of U.S.C. Title 22.
Sec. 216. Notwithstanding any other provision of law relating to
vacancies in offices for which appointments must be made by the
President, including any time limitation on serving in an acting
capacity, the Acting Director of the National Institutes of Health as
of January 12, 2000, may serve in that position until a new Director of
the National Institutes of Health is confirmed by the Senate.
Sec. 217. The following amounts, appropriated in this title, shall
be transferred to International Assistance Programs, ``Global Fund to
Fight HIV/AIDS, Malaria, and Tuberculosis'', to remain available until
expended: from National Institutes of Health, ``National Institute of
Allergy and Infectious Diseases'', $25,000,000; from National
Institutes of Health, ``Buildings and Facilities'', $70,000,000; and
from Departmental Management, ``General Departmental Management'',
$5,000,000.
Sec. 218. Of the funds provided to the Office of the General
Counsel, not less than $500,000 shall be used to provide legal support
for enforcement of the labeling provisions of the Dietary Supplement
Health and Education Act of 1994.
Sec. 219. Expressing the Sense of the Senate That the Department of
Health and Human Services Publish a Notice Regarding Good Manufacturing
Practices for Dietary Supplements. (a) Findings.--
(1) Over 100,000,000 Americans regularly use dietary
supplements to maintain and improve their health status.
(2) Congress has established a strong regulatory framework
to ensure that consumers have access to safe dietary supplement
products and information about those products.
(3) Good Manufacturing Practice (GMP) regulations are the
primary enforcement tool whereby government inspectors ensure
that all food products (including dietary supplements) are
manufactured according to rigorous quality control standards,
including appropriate labeling, sanitation, purity and records-
keeping.
(4) The Dietary Supplement Health and Education Act of 1994
authorized development of Good Manufacturing Practice
guidelines for dietary supplements.
(5) The Good Manufacturing practice guidelines will be
instrumental in assuring the American public that dietary
supplements are properly manufactured and labeled.
(6) Those guidelines have been in development by the
Department of Health and Human Services, its operating
divisions, and the Office of Management and Budget for over 5
years.
(b) Sense of the Senate.--The Senate expresses a sense of the
Senate that the Department of Health and Human Services or its
operating divisions publish a Notice of Proposed Rulemaking with
respect to Good Manufacturing Practices for dietary supplements within
15 days of enactment of this Act.
Sec. 220. (a) Findings.--Congress finds that--
(1) according to the Centers for Disease Control and
Prevention, over 765,000 people in the United States have been
diagnosed with the virus that causes AIDS since 1981, and over
442,000 deaths have occurred in the United States as a result
of the disease; and
(2) Federal AIDS prevention funds should be used to provide
resources, training, technical assistance, and infrastructure
to national, regional, and community-based organizations
working to educate the public on the virus that causes AIDS and
stopping the spread of the disease.
(b) Report.--Not later than 6 months after the date of enactment of
this Act, the Inspector General of the Department of Health and Human
Services shall conduct an audit of all Federal amounts allocated for
AIDS prevention programs and report to Congress with their findings.
Sec. 221. It is the sense of the Senate that the Secretary of
Health and Human Services should fund and reimburse hospitals and
medical facilities in States that have tested and treated Federal
workers that have been exposed to anthrax, and continue to test and
treat Federal workers that have been determined by the Centers for
Disease Control and Prevention as at risk for exposure to anthrax.
Sec. 222. It is the sense of the Senate that the Secretary of
Health and Human Services should ensure that each contract entered into
between a State and an entity (including a health insuring organization
and a medicaid managed care organization) that is responsible for the
provision (directly or through arrangements with providers of services)
of medical assistance under a State medicaid plan should provide for--
(1) compliance with mandatory blood lead screening
requirements that are consistent with prevailing guidelines of
the Centers for Disease Control and Prevention for such
screening; and
(2) coverage of lead treatment services including
diagnosis, treatment, and follow-up furnished for children with
elevated blood lead levels in accordance with prevailing
guidelines of the Centers for Disease Control and Prevention.
Sec. 223. It is the sense of the Senate that States should be
authorized to use funds provided under the State children's health
insurance program under title XXI of the Social Security Act to--
(1) comply with mandatory blood lead screening requirements
that are consistent with prevailing guidelines of the Centers
for Disease Control and Prevention for such screening; and
(2) provide coverage of lead treatment services including
diagnosis, treatment, and follow-up furnished for children with
elevated blood lead levels in accordance with prevailing
guidelines of the Centers for Disease Control and Prevention.
Sec. 224. It is the sense of the Senate that the Secretary of
Health and Human Services should establish a program to improve the
blood lead screening rates of States for children under the age of 3
enrolled in the medicaid program under which, using State-specific
blood lead screening data, the Secretary would annually pay a State an
amount to be determined:
(1) For each 2 year-old child enrolled in the medicaid
program in the State who has received the minimum required (for
that age) screening blood lead level tests (capillary or venous
samples) to determine the presence of elevated blood lead
levels, as established by the Centers for Disease Control and
Prevention.
(2) For each such child who has received such minimum
required tests.
Sec. 225. For the Health Resources and Services Administration,
$5,000,000 for grants for education, prevention, and early detection of
radiogenic cancers and diseases under section 417C of the Public Health
Service Act (42 U.S.C. 285a-9) (as amended by the Radiation Exposure
Compensation Act Amendments of 2000), of which $1,000,000 shall be
available to enter into a contract with the National Research Council
under which the Council shall--
(1) review the most recent scientific information related
to radiation exposure and associated cancers or other diseases;
(2) make recommendations to--
(A) reduce the length of radiation exposure
requirements for any compensable illnesses under the
Radiation Exposure Compensation Act (42 U.S.C. 2210
note); and
(B) include additional illnesses, geographic areas,
or classes of individuals with the scope of
compensation of such Act; and
(3) not later than June 30, 2003, prepare and submit to the
Committee on Appropriations, Committee on Health, Education,
Labor, and Pensions, and Committee on the Judiciary of the
Senate and the Committee on Appropriations, Committee on Energy
and Commerce, and Committee on the Judiciary of the House of
Representatives, a report describing the findings made by the
Council under paragraphs (1) and (2).
Sec. 226. Effective upon the date of enactment of this Act,
$200,000,000 of the amount appropriated under section 403(a)(4)(F) of
the Social Security Act (42 U.S.C. 603(a)(4)(F)) is rescinded.
Sec. 227. It is the sense of the Senate that--
(1) the Secretary of Health and Human Services, acting
through the Director of NIH and the Director of the National
Institute of Mental Health (in this section referred to as the
``Institute''), should expand and intensify research and
related activities of the Institute with respect to post-
abortion depression and post-abortion psychosis (in this
section referred to as ``post-abortion conditions'');
(2) the Director of the Institute should coordinate the
activities of the Director under paragraph (1) with similar
activities conducted by the other national research institutes
and agencies of the National Institutes of Health to the extent
that such Institutes and agencies have responsibilities that
are related to post-abortion conditions;
(3) in carrying out paragraph (1)--
(A) the Director of the Institute should conduct or
support research to expand the understanding of the
causes of, and to find a cure for, post-abortion
conditions; and
(B) activities under such paragraph should include
conducting and supporting the following:
(i) basic research concerning the etiology
and causes of the conditions;
(ii) epidemiological studies to address the
frequency and natural history of the conditions
and the differences among racial and ethnic
groups with respect to the conditions;
(iii) the development of improved
diagnostic techniques;
(iv) clinical research for the development
and evaluation of new treatments, including new
biological agents; and
(v) information and education programs for
health care professionals and the public; and
(4)(A) the Director of the Institute should conduct a
national longitudinal study to determine the incidence and
prevalence of cases of post-abortion conditions, and the
symptoms, severity, and duration of such cases, toward the goal
of more fully identifying the characteristics of such cases and
developing diagnostic techniques; and
(B) beginning not later than 3 years after the date of the
enactment of this Act, and periodically thereafter for the
duration of the study under subparagraph (A), the Director of
the Institute should prepare and submit to the Congress reports
on the findings of the study.
Sec. 228. Section 582 of the Public Health Service Act (42 U.S.C.
290hh-1(f)) is amended by adding at the end the following:
``(g) Short Title.--This section may be cited as the `Donald J.
Cohen National Child Traumatic Stress Initiative'.''.
This title may be cited as the ``Department of Health and Human
Services Appropriations Act, 2002''.
TITLE III--DEPARTMENT OF EDUCATION
education for the disadvantaged
For carrying out title I of the Elementary and Secondary Education
Act of 1965 as amended by H.R. 1 as passed by the Senate on June 14,
2001 (``ESEA''); the McKinney-Vento Homeless Assistance Act; and
section 418A of the Higher Education Act of 1965, $11,912,900,000, of
which $4,129,200,000, shall become available on July 1, 2002, and shall
remain available through September 30, 2003, and of which
$6,953,300,000 shall become available on October 1, 2002, and shall
remain available through September 30, 2003, for academic year 2002-
2003: Provided, That $7,172,690,000 shall be available for basic grants
under section 1124: Provided further, That up to $3,500,000 of these
funds shall be available to the Secretary of Education on October 1,
2001, to obtain updated educational-agency-level census poverty data
from the Bureau of the Census: Provided further, That $1,365,031,000
shall be available for concentration grants under section 1124A:
Provided further, That $1,000,000,000 shall be available for targeted
grants under section 1125: Provided further, That $649,979,000 shall be
available for education finance incentive grants under section 1125A:
Provided further, That grant awards under sections 1124 and 1124A of
title I of the ESEA shall be not less than 95 percent of the amount
each State and local educational agency received under this authority
for fiscal year 2001: Provided further, That notwithstanding any other
provision of law, grant awards under section 1124A of title I of the
ESEA shall be made to those local educational agencies that received a
concentration grant under the Department of Education Appropriations
Act, 2001, but are not eligible to receive such a grant for fiscal year
2002.
impact aid
For carrying out programs of financial assistance to federally
affected schools authorized by title VI of the Elementary and Secondary
Education Act of 1965, as redesignated and amended by H.R. 1 of the
107th Congress, as passed by the House of Representatives on May 23,
2001, $1,130,500,000, of which $982,500,000 shall be for basic support
payments under section 8003(b), $50,000,000 shall be for payments for
children with disabilities under section 8003(d), $35,000,000 shall be
for construction under section 8007, $55,000,000 shall be for Federal
property payments under section 8002, and $8,000,000, to remain
available until expended, shall be for facilities maintenance under
section 8008.
school improvement programs
For carrying out school improvement activities authorized by
sections 1117A and 1229 and subpart 1 of part F of title I and titles
II, IV, V, VI, parts B and C of title VII, and title XI of the
Elementary and Secondary Education Act of 1965, as amended by H.R. 1 as
passed by the Senate on June 14, 2001 (``ESEA''); and the Civil Rights
Act of 1964; $8,723,014,000, of which $1,165,750,000 shall become
available on July 1, 2002, and remain available through September 30,
2003, and of which $1,765,000,000 shall become available on October 1,
2002, and shall remain available through September 30, 2003, for
academic year 2002-2003: Provided, That $28,000,000 shall be for part A
of title XIII of the ESEA as in effect prior to Senate passage of H.R.
1 to continue the operation of the current Comprehensive Regional
Assistance Centers: Provided further, That of the amount made available
for subpart 4 of part B of title V of the ESEA, $925,000,000 shall be
available, notwithstanding any other provision of law, to State
educational agencies and outlying areas under the terms and conditions
set forth in section 305 of this Act for grants for school repair and
renovation: Provided further, That funds made available to local
education agencies under subpart B of part F of title XI shall be used
for activities related to the redesign of large high schools: Provided
further, That of the funds appropriated for part F of title XI,
$15,000,000 shall be available for dropout prevention programs under
part H of title I and $100,000,000 shall be available under part C of
title IX to enable the Secretary of Education to award grants to
develop, implement, and strengthen programs to teach American history
(not social studies) as a separate subject within school curricula:
Provided further, That of the funds made available to carry out subpart
2 of part A of title IV of the Elementary and Secondary Education Act
of 1965, as amended by H.R. 1 as passed by the Senate on June 14, 2001,
$9,000,000 shall be made available to enable the Secretary of Education
to award grants to enable local educational agencies to address the
needs of children affected by terrorist attacks, times of war or other
major violent or traumatic crises, including providing mental health
services to such children, and $1,000,000 shall be made available to
enable the Secretary of Education, in consultation with the Secretary
of Health and Human Services, to develop recommendations and models to
assist communities in developing evacuation and parental notification
plans for schools and other community facilities where children gather:
Provided further, That $2,500,000 shall be available to carry out part
E of title II, including administrative expenses associated with such
part.
indian education
For expenses necessary to carry out, to the extent not otherwise
provided, title VII, part A of the Elementary and Secondary Education
Act of 1965, as amended by H.R. 1 as passed by the Senate on June 14,
2001, $117,000,000.
bilingual and immigrant education
For section 3202 of part B and section D of title III of the
Elementary and Secondary Education Act of 1965, as amended by H.R. 1 as
passed by the Senate on June 14, 2001, $616,000,000.
special education
For carrying out the Individuals with Disabilities Education Act,
$8,439,643,000, of which $3,090,452,000 shall become available for
obligation on July 1, 2002, and shall remain available through
September 30, 2003, and of which $5,072,000,000 shall become available
on October 1, 2002, and shall remain available through September 30,
2003, for academic year 2002-2003: Provided, That $9,500,000 shall be
for Recording for the Blind and Dyslexic to support the development,
production, and circulation of recorded educational materials: Provided
further, That $1,500,000 shall be for the recipient of funds provided
by Public Law 105-78 under section 687(b)(2)(G) of the Act to provide
information on diagnosis, intervention, and teaching strategies for
children with disabilities: Provided further, That the amount for
section 611(c) of the Act shall be equal to the amount available for
that section under Public Law 106-554, increased by the amount of
inflation as specified in section 611(f)(1)(B)(ii) of the Act.
rehabilitation services and disability research
For carrying out, to the extent not otherwise provided, the
Rehabilitation Act of 1973, the Assistive Technology Act of 1998, and
the Helen Keller National Center Act, $2,932,617,000, of which
$60,000,000 shall remain available through September 30, 2003:
Provided, That the funds provided for Title I of the Assistive
Technology Act of 1998 (the AT Act) shall be allocated notwithstanding
section 105(b)(1) of the AT Act: Provided further, That section 101(f)
of the AT Act shall not limit the award of an extension grant to three
years: Provided further, That each State shall be provided a minimum of
$500,000 and each outlying area $150,000 for activities under section
101 of the AT Act and each State shall be provided a minimum of
$100,000 and each outlying area $50,000 for activities under section
102 of the Act: Provided further, That if the funds appropriated for
Title I of the AT Act are less than required to fund these minimum
allotments, grants provided under sections 101 and 102 of the AT Act
shall be the same as their fiscal year 2001 amounts and any amounts in
excess of these minimum requirements shall be allocated proportionally
to achieve the prescribed minimums: Provided further, That $26,884,000
shall be used to support grants for up to three years to States under
title III of the AT Act, of which the Federal share shall not exceed 75
percent in the first year, 50 percent in the second year, and 25
percent in the third year, and that the requirements in section
301(c)(2) and section 302 of that Act shall not apply to such grants.
Special Institutions for Persons With Disabilities
american printing house for the blind
For carrying out the Act of March 3, 1879, as amended (20 U.S.C.
101 et seq.), $14,000,000.
national technical institute for the deaf
For the National Technical Institute for the Deaf under titles I
and II of the Education of the Deaf Act of 1986 (20 U.S.C. 4301 et
seq.), $54,976,000, of which $5,376,000 shall be for construction and
shall remain available until expended: Provided, That from the total
amount available, the Institute may at its discretion use funds for the
endowment program as authorized under section 207.
gallaudet university
For the Kendall Demonstration Elementary School, the Model
Secondary School for the Deaf, and the partial support of Gallaudet
University under titles I and II of the Education of the Deaf Act of
1986 (20 U.S.C. 4301 et seq.), $97,000,000: Provided, That from the
total amount available, the University may at its discretion use funds
for the endowment program as authorized under section 207.
vocational and adult education
For carrying out, to the extent not otherwise provided, the Carl D.
Perkins Vocational and Technical Education Act, the Adult Education and
Family Literacy Act, and title VIII-D of the Higher Education Act of
1965, as amended, and Public Law 102-73, $1,818,060,000, of which
$1,020,060,000 shall become available on July 1, 2002 and shall remain
available through September 30, 2003 and of which $791,000,000 shall
become available on October 1, 2002 and shall remain available through
September 30, 2003: Provided, That of the amounts made available for
the Carl D. Perkins Vocational and Technical Education Act, $7,000,000
shall be for tribally controlled postsecondary vocational and technical
institutions under section 117: Provided further, That $10,000,000
shall be for carrying out section 118 of such Act: Provided further,
That of the amounts made available for the Carl D. Perkins Vocational
and Technical Education Act, $5,000,000 shall be for demonstration
activities authorized by section 207: Provided further, That of the
amount provided for Adult Education State Grants, $70,000,000 shall be
made available for integrated English literacy and civics education
services to immigrants and other limited English proficient
populations: Provided further, That of the amount reserved for
integrated English literacy and civics education, notwithstanding
section 211 of the Adult Education and Family Literacy Act, 65 percent
shall be allocated to States based on a State's absolute need as
determined by calculating each State's share of a 10-year average of
the Immigration and Naturalization Service data for immigrants admitted
for legal permanent residence for the 10 most recent years, and 35
percent allocated to States that experienced growth as measured by the
average of the 3 most recent years for which Immigration and
Naturalization Service data for immigrants admitted for legal permanent
residence are available, except that no State shall be allocated an
amount less than $60,000: Provided further, That of the amounts made
available for the Adult Education and Family Literacy Act, $9,500,000
shall be for national leadership activities under section 243 and
$6,560,000 shall be for the National Institute for Literacy under
section 242: Provided further, That $22,000,000 shall be for Youth
Offender Grants, of which $5,000,000 shall be used in accordance with
section 601 of Public Law 102-73 as that section was in effect prior to
the enactment of Public Law 105-220: Provided further, That of the
amounts made available for title I of the Perkins Act, the Secretary
may reserve up to 0.54 percent for incentive grants under section 503
of the Workforce Investment Act, without regard to section 111(a)(1)(C)
of the Perkins Act: Provided further, That of the amounts made
available for the Adult Education and Family Literacy Act, the
Secretary may reserve up to 1.72 percent for incentive grants under
section 503 of the Workforce Investment Act, without regard to section
211(a)(3) of the Adult Education and Family Literacy Act.
student financial assistance
For carrying out subparts 1, 3 and 4 of part A, section 428K, part
C and part E of title IV of the Higher Education Act of 1965, as
amended, $12,284,100,000, which shall remain available through
September 30, 2003.
The maximum Pell Grant for which a student shall be eligible during
award year 2002-2003 shall be $4,000: Provided, That notwithstanding
section 401(g) of the Act, if the Secretary determines, prior to
publication of the payment schedule for such award year, that the
amount included within this appropriation for Pell Grant awards in such
award year, and any funds available from the fiscal year 2001
appropriation for Pell Grant awards, are insufficient to satisfy fully
all such awards for which students are eligible, as calculated under
section 401(b) of the Act, the amount paid for each such award shall be
reduced by either a fixed or variable percentage, or by a fixed dollar
amount, as determined in accordance with a schedule of reductions
established by the Secretary for this purpose.
federal family education loan program account
For Federal administrative expenses to carry out guaranteed student
loans authorized by title IV, part B, of the Higher Education Act of
1965, as amended, $49,636,000.
higher education
For carrying out, to the extent not otherwise provided, section 121
and titles II, III, IV, V, VI, and VII of the Higher Education Act of
1965, as amended, title VIII of the Higher Education Amendments of
1998, and the Mutual Educational and Cultural Exchange Act of 1961,
$1,826,223,000, of which $5,000,000 for interest subsidies authorized
by section 121 of the Higher Education Act of 1965, shall remain
available until expended: Provided, That $10,000,000, to remain
available through September 30, 2003, shall be available to fund
fellowships for academic year 2003-2004 under part A, subpart 1 of
title VII of said Act, under the terms and conditions of part A,
subpart 1: Provided further, That $1,500,000 is for data collection and
evaluation activities for programs under the Higher Education Act of
1965, including such activities needed to comply with the Government
Performance and Results Act of 1993: Provided further, That $18,000,000
shall be available for tribally controlled colleges and universities
under section 316 of the Higher Education Act of 1965, of which
$6,000,000 shall be used for construction and renovation: Provided
further, That the funds provided for title II of the Higher Education
Act of 1965 shall be allocated notwithstanding section 210 of the
Higher Education Act of 1965: Provided further, That funds for part B
of title VII of the Higher Education Act of 1965 may be used, at the
discretion of the Secretary of Education, to fund continuation awards
under title IV, part A, subpart 8 of such Act.
howard university
For partial support of Howard University (20 U.S.C. 121 et seq.),
$232,474,000, of which not less than $3,600,000 shall be for a matching
endowment grant pursuant to the Howard University Endowment Act (Public
Law 98-480) and shall remain available until expended.
college housing and academic facilities loans program
For Federal administrative expenses authorized under section 121 of
the Higher Education Act of 1965, $762,000 to carry out activities
related to existing facility loans entered into under the Higher
Education Act of 1965.
historically black college and university capital financing program
account
The total amount of bonds insured pursuant to section 344 of title
III, part D of the Higher Education Act of 1965 shall not exceed
$357,000,000, and the cost, as defined in section 502 of the
Congressional Budget Act of 1974, of such bonds shall not exceed zero.
For administrative expenses to carry out the Historically Black
College and University Capital Financing Program entered into pursuant
to title III, part D of the Higher Education Act of 1965, as amended,
$208,000.
education research, statistics, and assessment
For carrying out activities authorized by the Educational Research,
Development, Dissemination, and Improvement Act of 1994, including part
E; the National Education Statistics Act of 1994, including sections
411 and 412; and parts B, D, and E of title XI of the Elementary and
Secondary Education Act as amended by H.R. 1 as passed by the Senate on
June 14, 2001 (ESEA), $431,567,000: Provided, That $53,000,000 of the
amount available for the national education research institutes shall
be allocated notwithstanding section 912(m)(1)(B-F) and subparagraphs
(B) and (C) of section 931(c)(2) of Public Law 103-227: Provided
further, That funds appropriated to support activities conducted under
section 411 of the National Education Statistics Act of 1994 may be
used to pay for the administration of State assessment: Provided
further, That of the funds appropriated under section 11305 of part D
of title XI of the ESEA, $1,500,000 shall be used to conduct a violence
prevention demonstration program and $500,000 to conduct a native
American civic education initiative: Provided further, That $12,000,000
of the funds appropriated under part D of title XI shall be used to
support activities conducted under section 11306, consistent with the
distribution specified under section 11304(2)(b).
Departmental Management
program administration
For carrying out, to the extent not otherwise provided, the
Department of Education Organization Act, including rental of
conference rooms in the District of Columbia and hire of two passenger
motor vehicles, $424,212,000.
office for civil rights
For expenses necessary for the Office for Civil Rights, as
authorized by section 203 of the Department of Education Organization
Act, $79,934,000.
office of the inspector general
For expenses necessary for the Office of the Inspector General, as
authorized by section 212 of the Department of Education Organization
Act, $38,720,000.
GENERAL PROVISIONS
Sec. 301. No funds appropriated in this Act may be used for the
transportation of students or teachers (or for the purchase of
equipment for such transportation) in order to overcome racial
imbalance in any school or school system, or for the transportation of
students or teachers (or for the purchase of equipment for such
transportation) in order to carry out a plan of racial desegregation of
any school or school system.
Sec. 302. None of the funds contained in this Act shall be used to
require, directly or indirectly, the transportation of any student to a
school other than the school which is nearest the student's home,
except for a student requiring special education, to the school
offering such special education, in order to comply with title VI of
the Civil Rights Act of 1964. For the purpose of this section an
indirect requirement of transportation of students includes the
transportation of students to carry out a plan involving the
reorganization of the grade structure of schools, the pairing of
schools, or the clustering of schools, or any combination of grade
restructuring, pairing or clustering. The prohibition described in this
section does not include the establishment of magnet schools.
Sec. 303. No funds appropriated under this Act may be used to
prevent the implementation of programs of voluntary prayer and
meditation in the public schools.
(transfer of funds)
Sec. 304. Not to exceed 1 percent of any discretionary funds
(pursuant to the Balanced Budget and Emergency Deficit Control Act of
1985, as amended) which are appropriated for the Department of
Education in this Act may be transferred between appropriations, but no
such appropriation shall be increased by more than 3 percent by any
such transfer: Provided, That the Appropriations Committees of both
Houses of Congress are notified at least 15 days in advance of any
transfer.
Sec. 305. (a) From the amount made available for urgent school
renovation grants under the heading ``School Improvement Programs'' in
accordance with this section, the Secretary of Education shall provide
grants to the State and outlying area entities responsible for the
financing of education facilities (hereinafter in this section referred
to as the ``State entity''), on the basis of the same percentage as the
State educational agency received of the funds allocated to States and
outlying areas through the Department of Education Appropriations Act,
2001 for carrying out part A, title I of the Elementary and Secondary
Education Act of 1965, for awarding grants in accordance with
subsection (b) to local educational agencies to enable them to make
urgent repairs and renovations to public school facilities.
(b)(1) A State entity shall award urgent school renovation grants
to local educational agencies under this section on a competitive basis
that includes consideration of each local educational agency
applicant's--
(A) relative percentage of children from low-income
families;
(B) need for school repairs and renovations;
(C) fiscal capacity; and
(D) plans to maintain the facilities repaired or renovated
under the grant.
(2) The Federal share of the cost of each project assisted by funds
made available under subsection (a)(2) shall be determined based on the
percentage of the local educational agency's attendance that is
comprised of children 5 to 17 years of age, inclusive, who are from
families with incomes below the poverty line (as defined by the Office
of Management and Budget and revised annually in accordance with
section 673(2) of the Community Services Block Grant Act (42 U.S.C.
9902(2)) applicable to a family of the size involved for the most
recent fiscal year for which data satisfactory to the Secretary are
available:
Then the Federal
If the percentage is: share shall be:
40 percent or greater.............................. 100 percent
30-39.99 percent................................... 90 percent
20-29.99 percent................................... 80 percent
10-19.99 percent................................... 70 percent
less than 10 percent............................... 60 percent.
(3) If, after providing an opportunity to the public and all local
educational agencies in the State to comment, consistent with any
applicable State and local law specifying how the comments may be
received and how the comments may be reviewed by any member of the
public, the State entity demonstrates that the amount of the State's
allocation exceeds the amount needed to address the needs of the local
educational agencies in the State for school repair and renovation
under this section--
(A) the State entity shall transfer any excess portion of
that allocation to the State educational agency; and
(B) the State educational agency shall allocate 100 percent
of those excess funds received under subsection (a) in
accordance with section 5312 of the Elementary and Secondary
Education Act of 1965 as amended by H.R. 1 as passed the Senate
on June 14, 2001 for activities authorized under section 5331
of the Elementary and Secondary Education Act of 1965 as
amended by H.R. 1 as passed the Senate on June 14, 2001 to be
determined by each such local educational agency as part of a
local strategy for improving academic achievement.
(c) If a local educational agency uses funds for urgent school
renovation, then the following provisions shall apply--
(1) Urgent school renovation shall be limited to one or
more of the following--
(A) school facilities modifications necessary to
render school facilities accessible in order to comply
with the Americans With Disabilities Act;
(B) school facilities modifications necessary to
render school facilities accessible in order to comply
with section 504 of the Rehabilitation Act;
(C) asbestos abatement or removal from school
facilities;
(D) emergency renovations or repairs to the school
facilities only to ensure the health and safety of
students and staff; and
(E) security upgrades.
(2) no funds received under this section for urgent school
renovation may be used for--
(A) payment of maintenance costs in connection with
any projects constructed in whole or part with Federal
funds provided under this section; or
(B) stadiums or other facilities primarily used for
athletic contests or exhibitions or other events for
which admission is charged to the general public.
Sec. 306. (a) Findings.--Congress makes the following findings:
(1) The number of students applying for loans and claiming
to attend foreign institutions has risen from 4,594 students in
1993 to over 12,000 students in the 1998-1999 school year.
(2) Since 1995 there have been at least 25 convictions of
students who fraudulently claimed they were attending a foreign
institution, then cashed the check issued directly to them, and
did not attend the foreign institution.
(3) Tighter disbursement controls are necessary to reduce
the number of students fraudulently applying for loans under
title IV of the Higher Education Act of 1965 and claiming they
are going to attend foreign institutions. Funds should not be
disbursed for attendance at a foreign institution unless the
foreign institution can verify that the student is attending
the institution.
(b) Study and Report.--
(1) Study.--The Comptroller General shall conduct a study
regarding--
(A) Federal student loan disbursements to students
attending foreign schools; and
(B) fraud, waste, and abuse in the Federal Family
Education Loan Program as the fraud, waste, and abuse
relates to students receiving funding in order to
attend a foreign school.
(2) Report.--The Comptroller General shall report to
Congress regarding the results of the study.
(3) Report Contents.--The report described in paragraph (2)
shall--
(A) include information on whether or not there are
standards that a foreign school must meet for an
American student to attend and receive a federally
guaranteed student loan;
(B) compare the oversight controls for loans
dispensed to students attending foreign schools and
domestic institutions;
(C) examine the default rates at foreign schools
that enroll American students receiving federally
guaranteed student loans and determine the number of
students that are receiving loans in multiple years;
and
(D) make recommendations for legislative changes
that are required to ensure the integrity of the
Federal Family Education Loan Program.
Sec. 307. The requirement of section 415C(b)(8) of the Higher
Education Act of 1965 (20 U.S.C. 1070c-2(b)(8)) shall not apply to a
State program during fiscal year 2001 and the State expenditures under
the State program for fiscal year 2001 shall be disregarded in
calculating the maintenance of effort requirement under that section
for each of the fiscal years 2002 through 2004, if the State
demonstrates, to the satisfaction of the Secretary of Education, that
it--
(1) allocated all of the funds that the State appropriated
in fiscal year 2001 for need-based scholarship, grant, and work
study assistance to the programs described in subpart 4 of part
A of title IV of the Higher Education Act of 1965 (20 U.S.C.
1070c et seq.); and
(2) did not participate in the program described in section
415E of the Higher Education Act of 1965 (20 U.S.C. 1070c-3a)
in fiscal year 2001.
This title may be cited as the ``Department of Education
Appropriations Act, 2002''.
TITLE IV--RELATED AGENCIES
Armed Forces Retirement Home
For expenses necessary for the Armed Forces Retirement Home to
operate and maintain the United States Soldiers' and Airmen's Home and
the United States Naval Home, to be paid from funds available in the
Armed Forces Retirement Home Trust Fund, $71,440,000, of which
$9,812,000 shall remain available until expended for construction and
renovation of the physical plants at the United States Soldiers' and
Airmen's Home and the United States Naval Home: Provided, That,
notwithstanding any other provision of law, a single contract or
related contracts for development and construction, to include
construction of a long-term care facility at the United States Naval
Home, may be employed which collectively include the full scope of the
project: Provided further, That the solicitation and contract shall
contain the clause ``availability of funds'' found at 48 CFR 52.232-18
and 252.232-7007, Limitation of Government Obligations.
Corporation for National and Community Service
domestic volunteer service programs, operating expenses
For expenses necessary for the Corporation for National and
Community Service to carry out the provisions of the Domestic Volunteer
Service Act of 1973, as amended, $321,276,000: Provided, That none of
the funds made available to the Corporation for National and Community
Service in this Act for activities authorized by part E of title II of
the Domestic Volunteer Service Act of 1973 shall be used to provide
stipends or other monetary incentives to volunteers or volunteer
leaders whose incomes exceed 125 percent of the national poverty level.
Corporation for Public Broadcasting
For payment to the Corporation for Public Broadcasting, as
authorized by the Communications Act of 1934, an amount which shall be
available within limitations specified by that Act, for the fiscal year
2004, $395,000,000: Provided, That no funds made available to the
Corporation for Public Broadcasting by this Act shall be used to pay
for receptions, parties, or similar forms of entertainment for
Government officials or employees: Provided further, That none of the
funds contained in this paragraph shall be available or used to aid or
support any program or activity from which any person is excluded, or
is denied benefits, or is discriminated against, on the basis of race,
color, national origin, religion, or sex: Provided further, That in
addition to the amounts provided above, $25,000,000, for costs related
to digital program production, development, and distribution,
associated with the transition of public broadcasting to digital
broadcasting, to be awarded as determined by the Corporation in
consultation with public radio and television licensees or permittees,
or their designated representatives.
Federal Mediation and Conciliation Service
salaries and expenses
For expenses necessary for the Federal Mediation and Conciliation
Service to carry out the functions vested in it by the Labor Management
Relations Act, 1947 (29 U.S.C. 171-180, 182-183), including hire of
passenger motor vehicles; for expenses necessary for the Labor-
Management Cooperation Act of 1978 (29 U.S.C. 175a); and for expenses
necessary for the Service to carry out the functions vested in it by
the Civil Service Reform Act, Public Law 95-454 (5 U.S.C. ch. 71),
$40,482,000, including $1,500,000, to remain available through
September 30, 2003, for activities authorized by the Labor-Management
Cooperation Act of 1978 (29 U.S.C. 175a): Provided, That
notwithstanding 31 U.S.C. 3302, fees charged, up to full-cost recovery,
for special training activities and other conflict resolution services
and technical assistance, including those provided to foreign
governments and international organizations, and for arbitration
services shall be credited to and merged with this account, and shall
remain available until expended: Provided further, That fees for
arbitration services shall be available only for education, training,
and professional development of the agency workforce: Provided further,
That the Director of the Service is authorized to accept and use on
behalf of the United States gifts of services and real, personal, or
other property in the aid of any projects or functions within the
Director's jurisdiction.
Federal Mine Safety and Health Review Commission
salaries and expenses
For expenses necessary for the Federal Mine Safety and Health
Review Commission (30 U.S.C. 801 et seq.), $6,939,000.
Institute of Museum and Library Services
office of library services: grants and administration
For carrying out subtitle B of the Museum and Library Services Act,
$168,078,000, of which $11,081,000 shall be for projects authorized by
section 262 of such Act, notwithstanding section 221(a)(1)(B).
Medicare Payment Advisory Commission
salaries and expenses
For expenses necessary to carry out section 1805 of the Social
Security Act, $8,500,000, to be transferred to this appropriation from
the Federal Hospital Insurance and the Federal Supplementary Medical
Insurance Trust Funds.
National Commission on Libraries and Information Science
salaries and expenses
For necessary expenses for the National Commission on Libraries and
Information Science, established by the Act of July 20, 1970 (Public
Law 91-345, as amended), $1,495,000.
National Council on Disability
salaries and expenses
For expenses necessary for the National Council on Disability as
authorized by title IV of the Rehabilitation Act of 1973, as amended,
$2,830,000.
National Education Goals Panel
For expenses necessary for the National Education Goals Panel, as
authorized by title II, part A of the Goals 2000: Educate America Act,
$2,000,000.
National Labor Relations Board
salaries and expenses
For expenses necessary for the National Labor Relations Board to
carry out the functions vested in it by the Labor-Management Relations
Act, 1947, as amended (29 U.S.C. 141-167), and other laws,
$226,438,000: Provided, That no part of this appropriation shall be
available to organize or assist in organizing agricultural laborers or
used in connection with investigations, hearings, directives, or orders
concerning bargaining units composed of agricultural laborers as
referred to in section 2(3) of the Act of July 5, 1935 (29 U.S.C. 152),
and as amended by the Labor-Management Relations Act, 1947, as amended,
and as defined in section 3(f) of the Act of June 25, 1938 (29 U.S.C.
203), and including in said definition employees engaged in the
maintenance and operation of ditches, canals, reservoirs, and waterways
when maintained or operated on a mutual, nonprofit basis and at least
95 percent of the water stored or supplied thereby is used for farming
purposes.
National Mediation Board
salaries and expenses
For expenses necessary to carry out the provisions of the Railway
Labor Act, as amended (45 U.S.C. 151-188), including emergency boards
appointed by the President, $10,635,000.
Occupational Safety and Health Review Commission
salaries and expenses
For expenses necessary for the Occupational Safety and Health
Review Commission (29 U.S.C. 661), $8,964,000.
Railroad Retirement Board
dual benefits payments account
For payment to the Dual Benefits Payments Account, authorized under
section 15(d) of the Railroad Retirement Act of 1974, $146,000,000,
which shall include amounts becoming available in fiscal year 2002
pursuant to section 224(c)(1)(B) of Public Law 98-76; and in addition,
an amount, not to exceed 2 percent of the amount provided herein, shall
be available proportional to the amount by which the product of
recipients and the average benefit received exceeds $146,000,000:
Provided, That the total amount provided herein shall be credited in 12
approximately equal amounts on the first day of each month in the
fiscal year.
federal payments to the railroad retirement accounts
For payment to the accounts established in the Treasury for the
payment of benefits under the Railroad Retirement Act for interest
earned on unnegotiated checks, $150,000, to remain available through
September 30, 2003, which shall be the maximum amount available for
payment pursuant to section 417 of Public Law 98-76.
limitation on administration
For necessary expenses for the Railroad Retirement Board for
administration of the Railroad Retirement Act and the Railroad
Unemployment Insurance Act, $97,700,000, to be derived in such amounts
as determined by the Board from the railroad retirement accounts and
from moneys credited to the railroad unemployment insurance
administration fund.
limitation on the office of inspector general
For expenses necessary for the Office of Inspector General for
audit, investigatory and review activities, as authorized by the
Inspector General Act of 1978, as amended, not more than $6,480,000, to
be derived from the railroad retirement accounts and railroad
unemployment insurance account: Provided, That none of the funds made
available in any other paragraph of this Act may be transferred to the
Office; used to carry out any such transfer; used to provide any office
space, equipment, office supplies, communications facilities or
services, maintenance services, or administrative services for the
Office; used to pay any salary, benefit, or award for any personnel of
the Office; used to pay any other operating expense of the Office; or
used to reimburse the Office for any service provided, or expense
incurred, by the Office: Provided further, That funds made available
under the heading in this Act, or subsequent Departments of Labor,
Health and Human Services, and Education, and Related Agencies
Appropriations Act, may be used for any audit, investigation, or review
of the Medicare program.
Social Security Administration
payments to social security trust funds
For payment to the Federal Old-Age and Survivors Insurance and the
Federal Disability Insurance trust funds, as provided under sections
201(m), 217(g), 228(g), and 1131(b)(2) of the Social Security Act,
$434,400,000.
special benefits for disabled coal miners
For carrying out title IV of the Federal Mine Safety and Health Act
of 1977, $332,840,000, to remain available until expended.
For making, after July 31 of the current fiscal year, benefit
payments to individuals under title IV of the Federal Mine Safety and
Health Act of 1977, for costs incurred in the current fiscal year, such
amounts as may be necessary.
For making benefit payments under title IV of the Federal Mine
Safety and Health Act of 1977 for the first quarter of fiscal year
2003, $108,000,000, to remain available until expended.
supplemental security income program
For carrying out titles XI and XVI of the Social Security Act,
section 401 of Public Law 92-603, section 212 of Public Law 93-66, as
amended, and section 405 of Public Law 95-216, including payment to the
Social Security trust funds for administrative expenses incurred
pursuant to section 201(g)(1) of the Social Security Act,
$21,277,412,000, to remain available until expended: Provided, That any
portion of the funds provided to a State in the current fiscal year and
not obligated by the State during that year shall be returned to the
Treasury.
In addition, $200,000,000, to remain available until September 30,
2003, for payment to the Social Security trust funds for administrative
expenses for continuing disability reviews as authorized by section 103
of Public Law 104-121 and section 10203 of Public Law 105-33. The term
``continuing disability reviews'' means reviews and redeterminations as
defined under section 201(g)(1)(A) of the Social Security Act, as
amended.
For making, after June 15 of the current fiscal year, benefit
payments to individuals under title XVI of the Social Security Act, for
unanticipated costs incurred for the current fiscal year, such sums as
may be necessary.
For making benefit payments under title XVI of the Social Security
Act for the first quarter of fiscal year 2003, $10,790,000,000, to
remain available until expended.
limitation on administrative expenses
For necessary expenses, including the hire of two passenger motor
vehicles, and not to exceed $35,000 for official reception and
representation expenses, not more than $7,035,000,000 may be expended,
as authorized by section 201(g)(1) of the Social Security Act, from any
one or all of the trust funds referred to therein: Provided, That not
less than $1,800,000 shall be for the Social Security Advisory Board:
Provided further, That unobligated balances at the end of fiscal year
2002 not needed for fiscal year 2002 shall remain available until
expended to invest in the Social Security Administration information
technology and telecommunications hardware and software infrastructure,
including related equipment and non-payroll administrative expenses
associated solely with this information technology and
telecommunications infrastructure: Provided further, That reimbursement
to the trust funds under this heading for expenditures for official
time for employees of the Social Security Administration pursuant to
section 7131 of title 5, United States Code, and for facilities or
support services for labor organizations pursuant to policies,
regulations, or procedures referred to in section 7135(b) of such title
shall be made by the Secretary of the Treasury, with interest, from
amounts in the general fund not otherwise appropriated, as soon as
possible after such expenditures are made.
From funds provided under the first paragraph, not less than
$200,000,000 shall be available for conducting continuing disability
reviews.
In addition to funding already available under this heading, and
subject to the same terms and conditions, $433,000,000, to remain
available until September 30, 2003, for continuing disability reviews
as authorized by section 103 of Public Law 104-121 and section 10203 of
Public Law 105-33. The term ``continuing disability reviews'' means
reviews and redeterminations as defined under section 201(g)(1)(A) of
the Social Security Act, as amended.
In addition, $100,000,000 to be derived from administration fees in
excess of $5.00 per supplementary payment collected pursuant to section
1616(d) of the Social Security Act or section 212(b)(3) of Public Law
93-66, which shall remain available until expended. To the extent that
the amounts collected pursuant to such section 1616(d) or 212(b)(3) in
fiscal year 2002 exceed $100,000,000, the amounts shall be available in
fiscal year 2003 only to the extent provided in advance in
appropriations Acts.
From funds previously appropriated for this purpose, any
unobligated balances at the end of fiscal year 2001 shall be available
to continue Federal-State partnerships which will evaluate means to
promote Medicare buy-in programs targeted to elderly and disabled
individuals under titles XVIII and XIX of the Social Security Act.
office of inspector general
(including transfer of funds)
For expenses necessary for the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978, as
amended, $19,000,000, together with not to exceed $56,000,000, to be
transferred and expended as authorized by section 201(g)(1) of the
Social Security Act from the Federal Old-Age and Survivors Insurance
Trust Fund and the Federal Disability Insurance Trust Fund.
In addition, an amount not to exceed 3 percent of the total
provided in this appropriation may be transferred from the ``Limitation
on Administrative Expenses'', Social Security Administration, to be
merged with this account, to be available for the time and purposes for
which this account is available: Provided, That notice of such
transfers shall be transmitted promptly to the Committees on
Appropriations of the House and Senate.
United States Institute of Peace
operating expenses
For necessary expenses of the United States Institute of Peace as
authorized in the United States Institute of Peace Act, $15,207,000.
TITLE V--GENERAL PROVISIONS
Sec. 501. The Secretaries of Labor, Health and Human Services, and
Education are authorized to transfer unexpended balances of prior
appropriations to accounts corresponding to current appropriations
provided in this Act: Provided, That such transferred balances are used
for the same purpose, and for the same periods of time, for which they
were originally appropriated.
Sec. 502. 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. 503. (a) No part of any appropriation contained in this Act
shall be used, other than for normal and recognized executive-
legislative relationships, for publicity or propaganda purposes, for
the preparation, distribution, or use of any kit, pamphlet, booklet,
publication, radio, television, or video presentation designed to
support or defeat legislation pending before the Congress or any State
legislature, except in presentation to the Congress or any State
legislature itself.
(b) No part of any appropriation contained in this Act shall be
used to pay the salary or expenses of any grant or contract recipient,
or agent acting for such recipient, related to any activity designed to
influence legislation or appropriations pending before the Congress or
any State legislature.
Sec. 504. The Secretaries of Labor and Education are authorized to
make available not to exceed $20,000 and $15,000, respectively, from
funds available for salaries and expenses under titles I and III,
respectively, for official reception and representation expenses; the
Director of the Federal Mediation and Conciliation Service is
authorized to make available for official reception and representation
expenses not to exceed $2,500 from the funds available for ``Salaries
and expenses, Federal Mediation and Conciliation Service''; and the
Chairman of the National Mediation Board is authorized to make
available for official reception and representation expenses not to
exceed $2,500 from funds available for ``Salaries and expenses,
National Mediation Board''.
Sec. 505. Notwithstanding any other provision of this Act, no funds
appropriated under this Act shall be used to carry out any program of
distributing sterile needles or syringes for the hypodermic injection
of any illegal drug unless the Secretary of Health and Human Services
determines that such programs are effective in preventing the spread of
HIV and do not encourage the use of illegal drugs.
Sec. 506. (a) It is the sense of the Congress that, to the greatest
extent practicable, all equipment and products purchased with funds
made available in this Act should be American-made.
(b) In providing financial assistance to, or entering into any
contract with, any entity using funds made available in this Act, the
head of each Federal agency, to the greatest extent practicable, shall
provide to such entity a notice describing the statement made in
subsection (a) by the Congress.
(c) If it has been finally determined by a court or Federal agency
that any person intentionally affixed a label bearing a ``Made in
America'' inscription, or any inscription with the same meaning, to any
product sold in or shipped to the United States that is not made in the
United States, the person shall be ineligible to receive any contract
or subcontract made with funds made available in this Act, pursuant to
the debarment, suspension, and ineligibility procedures described in
sections 9.400 through 9.409 of title 48, Code of Federal Regulations.
Sec. 507. When issuing statements, press releases, requests for
proposals, bid solicitations and other documents describing projects or
programs funded in whole or in part with Federal money, all grantees
receiving Federal funds included in this Act, including but not limited
to State and local governments and recipients of Federal research
grants, shall clearly state: (1) the percentage of the total costs of
the program or project which will be financed with Federal money; (2)
the dollar amount of Federal funds for the project or program; and (3)
percentage and dollar amount of the total costs of the project or
program that will be financed by non-governmental sources.
Sec. 508. (a) None of the funds appropriated under this Act, and
none of the funds in any trust fund to which funds are appropriated
under this Act, shall be expended for any abortion.
(b) None of the funds appropriated under this Act, and none of the
funds in any trust fund to which funds are appropriated under this Act,
shall be expended for health benefits coverage that includes coverage
of abortion.
(c) The term ``health benefits coverage'' means the package of
services covered by a managed care provider or organization pursuant to
a contract or other arrangement.
Sec. 509. (a) The limitations established in the preceding section
shall not apply to an abortion--
(1) if the pregnancy is the result of an act of rape or
incest; or
(2) in the case where a woman suffers from a physical
disorder, physical injury, or physical illness, including a
life-endangering physical condition caused by or arising from
the pregnancy itself, that would, as certified by a physician,
place the woman in danger of death unless an abortion is
performed.
(b) Nothing in the preceding section shall be construed as
prohibiting the expenditure by a State, locality, entity, or private
person of State, local, or private funds (other than a State's or
locality's contribution of Medicaid matching funds).
(c) Nothing in the preceding section shall be construed as
restricting the ability of any managed care provider from offering
abortion coverage or the ability of a State or locality to contract
separately with such a provider for such coverage with State funds
(other than a State's or locality's contribution of Medicaid matching
funds).
Sec. 510. (a) None of the funds made available in this Act may be
used for--
(1) the creation of a human embryo or embryos for research
purposes; or
(2) research in which a human embryo or embryos are
destroyed, discarded, or knowingly subjected to risk of injury
or death greater than that allowed for research on fetuses in
utero under 45 CFR 46.208(a)(2) and section 498(b) of the
Public Health Service Act (42 U.S.C. 289g(b)).
(b) For purposes of this section, the term ``human embryo or
embryos'' includes any organism, not protected as a human subject under
45 CFR 46 as of the date of the enactment of this Act, that is derived
by fertilization, parthenogenesis, cloning, or any other means from one
or more human gametes or human diploid cells.
Sec. 511. (a) None of the funds made available in this Act may be
used for any activity that promotes the legalization of any drug or
other substance included in schedule I of the schedules of controlled
substances established by section 202 of the Controlled Substances Act
(21 U.S.C. 812).
(b) The limitation in subsection (a) shall not apply when there is
significant medical evidence of a therapeutic advantage to the use of
such drug or other substance or that federally sponsored clinical
trials are being conducted to determine therapeutic advantage.
Sec. 512. None of the funds made available in this Act may be
obligated or expended to enter into or renew a contract with an entity
if--
(1) such entity is otherwise a contractor with the United
States and is subject to the requirement in section 4212(d) of
title 38, United States Code, regarding submission of an annual
report to the Secretary of Labor concerning employment of
certain veterans; and
(2) such entity has not submitted a report as required by
that section for the most recent year for which such
requirement was applicable to such entity.
Sec. 513. None of the funds made available in this Act may be used
to promulgate or adopt any final standard under section 1173(b) of the
Social Security Act (42 U.S.C. 1320d-2(b)) providing for, or providing
for the assignment of, a unique health identifier for an individual
(except in an individual's capacity as an employer or a health care
provider), until legislation is enacted specifically approving the
standard.
Sec. 514. None of the funds in this Act for the Departments of
Labor, Health and Human Services, and Education may be used to make a
grant unless the House and Senate Committees on Appropriations are
notified not less than three full business days before any
discretionary grant awards or cooperative agreement, totaling $500,000
or more is announced by these departments from any discretionary grant
program other than emergency relief programs: Provided, That no
notification shall involve funds that are not available for obligation.
Sec. 515. Section 102 of the Secure Rural Schools and Community
Self-Determination Act of 2000 (16 U.S.C. 500 note) is amended by
adding at the end the following:
``(f) State Contributions.--
``(1) Supplement, not supplant.--
``(A) In general.--Effective October 1, 2002, the
portion of the funds made available to a State to carry
out this section for a fiscal year that exceeds the
baseline funding for the State shall be used to
supplement and not supplant State (including local)
public funds expended to provide free public education.
``(B) Definitions.--In this paragraph:
``(i) Baseline funding.--The term `baseline
funding', used with respect to a State, means
the funds made available to the State to carry
out this section for fiscal year 2000,
increased or decreased by the same percentage
as the percentage by which the Consumer Price
Index for All Urban Consumers (United States
city average), published by the Secretary of
Labor, has increased or decreased by June of
the preceding fiscal year from such Index for
June 2000.
``(ii) Free public education.--The term
`free public education' has the meaning given
the term in section 14101 of the Elementary and
Secondary Education Act of 1965 (20 U.S.C.
8801).
``(2) Maintenance of effort.--
``(A) In general.--Effective October 1, 2002, a
State may receive funds under this section for a fiscal
year only if the Secretary of Education finds that the
aggregate expenditure of the State with respect to the
provision of free public education by such State for
the preceding fiscal year was not less than 100 percent
of the baseline expenditure for the State.
``(B) Use of funds.--If a State fails to receive
funds under this section for a fiscal year in
accordance with subparagraph (A), the Secretary of the
Treasury shall use the funds to make payments to the
other States, in proportion to the amounts already
received by the other States under this section for the
fiscal year.
``(C) Waiver.--The Secretary of the Treasury may
waive the requirements of this paragraph if the
Secretary determines that such a waiver would be
equitable due to--
``(i) exceptional or uncontrollable
circumstances such as a natural disaster; or
``(ii) a precipitous decline in the
financial resources of the State.
``(D) Definitions.--In this paragraph:
``(i) Aggregate expenditure.--The term
`aggregate expenditure', used with respect to a
State, shall not include any funds received by
the State under this Act.
``(ii) Baseline expenditure.--The term
`baseline expenditure', used with respect to a
State, means the aggregate expenditure of the
State with respect to the provision of free
public education by such State for fiscal year
2000, increased or decreased by the same
percentage as the percentage by which the
Consumer Price Index for All Urban Consumers
(United States city average), published by the
Secretary of Labor, has increased or decreased
by June of the preceding fiscal year from such
Index for June 2000.
``(iii) Free public education.--The term
`free public education' has the meaning given
the term in paragraph (1).''.
Sec. 516. (a) Findings.--The Senate finds the following:
(1) The Low-Income Home Energy Assistance Program (referred
to in this section as ``LIHEAP'') is the primary Federal
program available to help low-income households, the elderly,
and individuals with disabilities pay their home energy bills.
(2) Congress provided $300,000,000 in emergency funding for
LIHEAP in the Supplemental Appropriations Act, 2001 because
regular appropriations were insufficient to help States offset
the increase in high utility bills during the winter of 2000-
2001.
(3) Congress expected that half of the emergency funding
would be made available for targeted assistance to States with
the most critical needs, and half would be given to help States
address unmet energy assistance needs resulting from the
extraordinary price increases in home heating fuels and
residential natural gas, experienced during the winter of 2000-
2001.
(4) In the winter of 2000-2001, there was a 30 percent
increase in households receiving LIHEAP assistance in large
part due to the high price of home energy and severe weather.
(5) In the winter of 2000-2001, the LIHEAP program was only
able to serve 17 percent of the 29,000,000 households eligible
for LIHEAP assistance.
(6) In the winter of 2000-2001--
(A) heating oil prices were 36 percent higher than
in the winter of 1999-2000, and residential natural gas
cost 42 percent more per cubic foot than in the winter
of 1999-2000; and
(B) the weather was 10 percent colder than in the
winter of 1999-2000.
(7) In the winter of 2000-2001, record cold weather and
high home energy bills took a financial toll on low-income
families and the elderly who spend, on average, 19.5 percent of
their annual income on energy bills, as compared to 3.7 percent
for all other households.
(8) Families in the United States need emergency LIHEAP
funding to pay home energy bills from the winter of 2000-2001
and restore heat as the succeeding winter approaches.
(9) More citizens will need LIHEAP assistance in fiscal
year 2002 due to the recent increase in unemployment and the
slowing economy.
(10) States are being forced to draw down fiscal year 2002
LIHEAP funds in order to address unmet needs from fiscal year
2001 and help low-income households pay overdue home energy
bills.
(11) Emergency LIHEAP funding will provide States with
critical resources to help provide assistance to residents.
(b) Sense of the Senate.--It is the sense of the Senate that the
President should immediately release the $300,000,000 in emergency
funding for LIHEAP provided by the Supplemental Appropriations Act,
2001.
Sec. 517. (a) Section 10 of the Native Hawaiian Health Care
Improvement Act (42 U.S.C. 11709) is amended--
(1) in subsection (a) in the matter preceding paragraph
(1), by striking ``Kamehameha School/Bishop Estate'' and
inserting ``Papa Ola Lokahi''; and
(2) in subsection (b)(1)(C), by striking ``Kamehameha
School/Bishop Estate'' and inserting ``Papa Ola Lokahi''.
(b) Section 338K(a) of the Public Health Service Act (42
U.S.C. 254s(a)) is amended by striking ``Kamehameha School/
Bishop Estate'' and inserting ``Papa Ola Lokahi''.
Sec. 518. (a) Report.--Not later than 180 days after the date of
enactment of this Act, the Comptroller General of the United States
shall submit a report to the Committee on Finance and the Committee on
Health, Education, Labor, and Pensions of the Senate and to the
Committee on Energy and Commerce and the Committee on Ways and Means of
the House of Representatives on the matters described in subsection (b)
with respect to the administrative simplification requirements of the
Health Insurance Portability and Accountability Act of 1996 (Public Law
104-191; 110 Stat. 2021) and programs administered by State and local
units of government.
(b) Matters Studies.--For purposes of subsection (a), the matters
described in this subsection include the following:
(1) An assessment of Federal programs administered by State
and local units of government, including local educational
agencies, explicitly required to implement the administrative
simplification requirements under provisions of the Health
Insurance Portability and Accountability Act of 1996.
(2) An assessment of other Federal and non-Federal programs
administered by State and local units of government, including
local educational agencies, that will be required to implement
the administrative simplification requirements of the Health
Insurance Portability and Accountability Act of 1996 in order
to exchange electronic health data with private sector
providers and insurers.
(3) An analysis of the costs that will be incurred by State
and local units of government, including local educational
agencies, to implement the administrative simplification
requirements of the Health Insurance Portability and
Accountability Act of 1996 in programs described in paragraph
(1) or (2).
(4) An analysis of Federal resources available to units of
State and local government, including local educational
agencies, for implementing the administrative simplification
requirements of the Health Insurance Portability and
Accountability Act of 1996 in programs described in paragraph
(1) or (2).
(5) An assessment of guidance provided to State and local
units of government, including local educational agencies, by
the Centers for Medicare and Medicaid Services and the
Department of Health and Human Services on the implementation
of the administrative simplification requirements of the Health
Insurance Portability and Accountability Act of 1996 in
programs described in paragraph (1) or (2).
(6) An assessment of the coordination between the Centers
for Medicare and Medicaid Services, the Department of Health
and Human Services, and other Federal agencies on the
implementation of the administrative simplification
requirements of the Health Insurance Portability and
Accountability Act of 1996 in Federal programs administered by
State and local units of government, including local
educational agencies, in programs described in paragraph (1) or
(2).
(c) Definition.--In this section, the term ``administrative
simplification requirements'' means all standards for transactions,
data elements for such transactions, unique health identifiers, code
sets, security, and privacy issued pursuant to sections 262 and 264 of
the Health Insurance Portability and Accountability Act of 1996.
Sec. 519. (a) Definition.--In this section the term ``qualified
magistrate judge'' means any person who--
(1) retired as a magistrate judge before November 15, 1988;
and
(2) on the date of filing an election under subsection
(b)--
(A) is serving as a recalled magistrate judge on a
full-time basis under section 636(h) of title 28,
United States Code; and
(B) has completed at least 5 years of full-time
recall service.
(b) Election of Annuity.--The Director of the Administrative Office
of the United States Courts may accept the election of a qualified
magistrate judge to--
(1) receive an annuity under section 377 of title 28,
United States Code; and
(2) come within the purview of section 376 of such title.
(c) Credit for Service.--Full-time recall service performed by a
qualified magistrate judge shall be credited for service in calculating
an annuity elected under this section.
(d) Regulations.--The Director of the Administrative Office of the
United States Courts may promulgate regulations to carry out this
section.
Sec. 520. Nothing in section 134 of H.R. 2217 shall be construed to
overturn or otherwise effect the decision of the U.S. Court of Appeals
for the Tenth Circuit in the case of Sac and Fox Nation v. Norton, 240
F.3d 1250 (10th Cir.2001), or to permit gaming under the Indian Gaming
Regulatory Act on lands described in section 123 of Public Law 106-291
or any lands contiguous to such lands that have or have not been taken
into trust by the Secretary of the Interior.
Sec. 521. Amounts made available under this Act for the
administrative and related expenses for departmental management for the
Department of Labor, the Department of Health and Human Services, and
the Department of Education, shall be reduced on a pro rata basis by
$98,500,000: Provided, That this provision shall not apply to the Food
and Drug Administration and the Indian Health Service: Provided
further, That not later than 15 days after the enactment of this Act,
the Director of the Office of Management and Budget shall report to the
Senate Committee on Appropriations the accounts subject to the pro rata
reductions and the amount to be reduced in each account.
TITLE VI--EXTENSION OF MARK-TO-MARKET PROGRAM FOR MULTIFAMILY ASSISTED
HOUSING
SEC. 601. SHORT TITLE AND TABLE OF CONTENTS.
(a) Short Title.--This title may be cited as the ``Mark-to-Market
Extension Act of 2001''.
(b) Table of Contents.--The table of contents for this title is as
follows:
TITLE VI--EXTENSION OF MARK-TO-MARKET PROGRAM FOR MULTIFAMILY ASSISTED
HOUSING
Sec. 601. Short title and table of contents.
Sec. 602. Purposes.
Sec. 603. Effective date.
Subtitle A--Multifamily Housing Mortgage and Assistance Restructuring
and Section 8 Contract Renewal
Sec. 611. Definitions.
Sec. 612. Mark-to-market program amendments.
Sec. 613. Consistency of rent levels under enhanced voucher assistance
and rent restructurings.
Sec. 614. Eligible inclusions for renewal rents of partially assisted
buildings.
Sec. 615. Eligibility of restructuring projects for miscellaneous
housing insurance.
Sec. 616. Technical corrections.
Subtitle B--Office of Multifamily Housing Assistance Restructuring
Sec. 621. Reauthorization of Office and extension of program.
Sec. 622. Appointment of Director.
Sec. 623. Vacancy in position of Director.
Sec. 624. Oversight by Federal Housing Commissioner.
Sec. 625. Limitation on subsequent employment.
Subtitle C--Miscellaneous Housing Program Amendments
Sec. 631. Extension of CDBG public services cap exception.
Sec. 632. Use of section 8 enhanced vouchers for prepayments.
Sec. 633. Prepayment and refinancing of loans for section 202
supportive housing.
Sec. 634. Technical correction.
SEC. 602. PURPOSES.
The purposes of this title are--
(1) to continue the progress of the Multifamily Assisted
Housing Reform and Affordability Act of 1997 (referred to in
this section as ``that Act'');
(2) to ensure that properties that undergo mortgage
restructurings pursuant to that Act are rehabilitated to a
standard that allows the properties to meet their long-term
affordability requirements;
(3) to ensure that, for properties that undergo mortgage
restructurings pursuant to that Act, reserves are set at
adequate levels to allow the properties to meet their long-term
affordability requirements;
(4) to ensure that properties that undergo mortgage
restructurings pursuant to that Act are operated efficiently,
and that operating expenses are sufficient to ensure the long-
term financial and physical integrity of the properties;
(5) to ensure that properties that undergo rent
restructurings have adequate resources to maintain the
properties in good condition;
(6) to ensure that the Office of Multifamily Housing
Assistance Restructuring of the Department of Housing and Urban
Development continues to focus on the portfolio of properties
eligible for restructuring under that Act;
(7) to ensure that the Department of Housing and Urban
Development carefully tracks the condition of those properties
on an ongoing basis;
(8) to ensure that tenant groups, nonprofit organizations,
and public entities continue to have the resources for building
the capacity of tenant organizations in furtherance of the
purposes of subtitle A of that Act; and
(9) to encourage the Office of Multifamily Housing
Assistance Restructuring to continue to provide participating
administrative entities, including public participating
administrative entities, with the flexibility to respond to
specific problems that individual cases may present, while
ensuring consistent outcomes around the country.
SEC. 603. EFFECTIVE DATE.
Except as provided in sections 616(a)(2), 633(b), and 634(b), this
title and the amendments made by this title shall take effect or are
deemed to have taken effect, as appropriate, on the earlier of--
(1) the date of the enactment of this title; or
(2) September 30, 2001.
Subtitle A--Multifamily Housing Mortgage and Assistance Restructuring
and Section 8 Contract Renewal
SEC. 611. DEFINITIONS.
Section 512 of the Multifamily Assisted Housing Reform and
Affordability Act of 1997 (42 U.S.C. 1437f note) is amended by adding
at the end the following new paragraph:
``(19) Office.--The term `Office' means the Office of
Multifamily Housing Assistance Restructuring established under
section 571.''.
SEC. 612. MARK-TO-MARKET PROGRAM AMENDMENTS.
(a) Funding for Tenant and Nonprofit Participation.--Section
514(f)(3)(A) of the Multifamily Assisted Housing Reform and
Affordability Act of 1997 (42 U.S.C. 1437f note) is amended--
(1) by striking ``Secretary may provide not more than
$10,000,000 annually in funding'' and inserting ``Secretary
shall make available not more than $10,000,000 annually in
funding, which amount shall be in addition to any amounts made
available under this subparagraph and carried over from
previous years,''; and
(2) by striking ``entities), and for tenant services,'' and
inserting ``entities), for tenant services, and for tenant
groups, nonprofit organizations, and public entities described
in section 517(a)(5),''.
(b) Exception Rents.--Section 514(g)(2)(A) of the Multifamily
Assisted Housing Reform and Affordability Act of 1997 (42 U.S.C. 1437f
note) is amended by striking ``restructured mortgages in any fiscal
year'' and inserting ``portfolio restructuring agreements''.
(c) Notice to Displaced Tenants.--Section 516(d) of the Multifamily
Assisted Housing Reform and Affordability Act of 1997 (42 U.S.C. 1437f
note) is amended by striking ``Subject to'' and inserting the
following:
``(1) Notice to certain residents.--The Office shall notify
any tenant that is residing in a project or receiving
assistance under section 8 of the United States Housing Act of
1937 (42 U.S.C. 1437f) at the time of rejection under this
section, of such rejection, except that the Office may delegate
the responsibility to provide notice under this paragraph to
the participating administrative entity.
``(2) Assistance and moving expenses.--Subject to''.
(d) Restructuring Plans for Transfers of Prepayment Projects.--The
Multifamily Assisted Housing Reform and Affordability Act of 1997 (42
U.S.C. 1437f note) is amended--
(1) in section 524(e), by adding at the end the following
new paragraph:
``(3) Mortgage restructuring and rental assistance
sufficiency plans.--Notwithstanding paragraph (1), the owner of
the project may request, and the Secretary may consider,
mortgage restructuring and rental assistance sufficiency plans
to facilitate sales or transfers of properties under this
subtitle, subject to an approved plan of action under the
Emergency Low Income Housing Preservation Act of 1987 (12
U.S.C. 1715l note) or the Low-Income Housing Preservation and
Resident Homeownership Act of 1990 (12 U.S.C. 4101 et seq.),
which plans shall result in a sale or transfer of those
properties.''; and
(2) in the last sentence of section 512(2), by inserting
``, but does include a project described in section 524(e)(3)''
after ``section 524(e)''.
(e) Addition of Significant Features.--Section 517 of the
Multifamily Assisted Housing Reform and Affordability Act of 1997 (42
U.S.C. 1437f note) is amended--
(1) by striking subsection (c) (except that the striking of
such subsection may not be construed to have any effect on the
provisions of law amended by such subsection, as such
subsection was in effect before the date of the enactment of
this Act);
(2) in subsection (b)--
(A) in paragraph (7), by striking ``(7)'' and
inserting ``(1)''; and
(B) by adding at the end the following new
paragraph:
``(2) Addition of significant features.--
``(A) Authority.--An approved mortgage
restructuring and rental assistance sufficiency plan
may require the improvement of the project by the
addition of significant features that are not necessary
for rehabilitation to the standard provided under
paragraph (1), such as air conditioning, an elevator,
and additional community space. The Secretary shall
establish guidelines regarding the inclusion of
requirements regarding such additional significant
features under such plans.
``(B) Funding.--Significant features added pursuant
to an approved mortgage restructuring and rental
assistance sufficiency plan may be paid from the
funding sources specified in the first sentence of
paragraph (1)(A).
``(C) Limitation on owner contribution.--An owner
of a project may not be required to contribute from
non-project resources, toward the cost of any
additional significant features required pursuant to
this paragraph, more than 25 percent of the amount of
any assistance received for the inclusion of such
features.
``(D) Applicability.--This paragraph shall apply to
all eligible multifamily housing projects, except
projects for which the Secretary and the project owner
executed a mortgage restructuring and rental assistance
sufficiency plan on or before the date of the enactment
of the Mark-to-Market Extension Act of 2001.''; and
(3) by inserting after paragraph (6) of subsection (b) the
following:
``(c) Rehabilitation Needs and Addition of Significant Features.--
''.
(f) Look-Back Projects.--Section 512(2) of the Multifamily Assisted
Housing Reform and Affordability Act of 1997 (42 U.S.C. 1437f note) is
amended by adding after the period at the end of the last sentence the
following: ``Notwithstanding any other provision of this title, the
Secretary may treat a project as an eligible multifamily housing
project for purposes of this title if (I) the project is assisted
pursuant to a contract for project-based assistance under section 8 of
the United States Housing Act of 1937 renewed under section 524 of this
Act, (II) the owner consents to such treatment, and (III) the project
met the requirements of the first sentence of this paragraph for
eligibility as an eligible multifamily housing project before the
initial renewal of the contract under section 524.''.
(g) Second Mortgages.--Section 517(a) of the Multifamily Assisted
Housing Reform and Affordability Act of 1997 (42 U.S.C. 1437f note) is
amended--
(1) in paragraph (1)(B), by striking ``no more than the''
and inserting the following: ``not more than the greater of--
``(i) the full or partial payment of claim
made under this subtitle; or
``(ii) the''; and
(2) in paragraph (5), by inserting ``of the second
mortgage, assign the second mortgage to the acquiring
organization or agency,'' after ``terms''.
(h) Exemptions From Restructuring.--Section 514(h)(2) of the
Multifamily Assisted Housing Reform and Affordability Act of 1997 (42
U.S.C. 1437f note) is amended by inserting before the semicolon the
following: ``, or refinanced pursuant to section 811 of the American
Homeownership and Economic Opportunity Act of 2000 (12 U.S.C. 1701q
note)''.
SEC. 613. CONSISTENCY OF RENT LEVELS UNDER ENHANCED VOUCHER ASSISTANCE
AND RENT RESTRUCTURINGS.
Subtitle A of the Multifamily Assisted Housing Reform and
Affordability Act of 1997 (42 U.S.C. 1437f note) is amended by adding
at the end the following new section:
``SEC. 525. CONSISTENCY OF RENT LEVELS UNDER ENHANCED VOUCHER
ASSISTANCE AND RENT RESTRUCTURINGS.
``(a) In General.--The Secretary shall examine the standards and
procedures for determining and establishing the rent standards
described under subsection (b). Pursuant to such examination, the
Secretary shall establish procedures and guidelines that are designed
to ensure that the amounts determined by the various rent standards for
the same dwelling units are reasonably consistent and reflect rents for
comparable unassisted units in the same area as such dwelling units.
``(b) Rent Standards.--The rent standards described in this
subsection are as follows:
``(1) Enhanced vouchers.--The payment standard for enhanced
voucher assistance under section 8(t) of the United States
Housing Act of 1937 (42 U.S.C. 1437f(t)).
``(2) Mark-to-market.--The rents derived from comparable
properties, for purposes of section 514(g) of this Act.
``(3) Contract renewal.--The comparable market rents for
the market area, for purposes of section 524(a)(4) of this
Act.''.
SEC. 614. ELIGIBLE INCLUSIONS FOR RENEWAL RENTS OF PARTIALLY ASSISTED
BUILDINGS.
Section 524(a)(4)(C) of the Multifamily Assisted Housing Reform and
Affordability Act of 1997 (42 U.S.C. 1437f note) is amended by adding
after the period at the end the following: ``Notwithstanding any other
provision of law, the Secretary shall include in such budget-based cost
increases costs relating to the project as a whole (including costs
incurred with respect to units not covered by the contract for
assistance), but only (I) if inclusion of such costs is requested by
the owner or purchaser of the project, (II) if inclusion of such costs
will permit capital repairs to the project or acquisition of the
project by a nonprofit organization, and (III) to the extent that
inclusion of such costs (or a portion thereof) complies with the
requirement under clause (ii).''.
SEC. 615. ELIGIBILITY OF RESTRUCTURING PROJECTS FOR MISCELLANEOUS
HOUSING INSURANCE.
Section 223(a)(7) of the National Housing Act (12 U.S.C.
1715n(a)(7)) is amended--
(1) by striking ``under this Act: Provided, That the
principal'' and inserting the following: ``under this Act, or
an existing mortgage held by the Secretary that is subject to a
mortgage restructuring and rental assistance sufficiency plan
pursuant to the Multifamily Assisted Housing Reform and
Affordability Act of 1997 (42 U.S.C. 1437f note), provided
that--
``(A) the principal'';
(2) by striking ``except that (A)'' and inserting ``except
that (i)'';
(3) by striking ``(B)'' and inserting ``(ii)'';
(4) by striking ``(C)'' and inserting ``(iii)'';
(5) by striking ``(D)'' and inserting ``(iv)'';
(6) by striking ``: Provided further, That a mortgage'' and
inserting the following ``; and
``(B) a mortgage'';
(7) by striking ``or'' at the end; and
(8) by adding at the end the following new subparagraph:
``(C) a mortgage that is subject to a mortgage
restructuring and rental assistance sufficiency plan
pursuant to the Multifamily Assisted Housing Reform and
Affordability Act of 1997 (42 U.S.C. 1437f note) and is
refinanced under this paragraph may have a term of not
more than 30 years; or''.
SEC. 616. TECHNICAL CORRECTIONS.
(a) Exemptions From Restructuring.--
(1) In general.--Section 514(h) of the Multifamily Assisted
Housing Reform and Affordability Act of 1997 (42 U.S.C. 1437f
note) is amended to read as if the amendment made by section
531(c) of Public Law 106-74 (113 Stat. 1116) were made to
``Section 514(h)(1)'' instead of ``Section 514(h)''.
(2) Retroactive effect.--The amendment made by paragraph
(1) of this subsection is deemed to have taken effect on the
date of the enactment of Public Law 106-74 (113 Stat. 1109).
(b) Other.--The Multifamily Assisted Housing Reform and
Affordability Act of 1997 (42 U.S.C. 1437f note) is amended--
(1) in section 511(a)(12), by striking ``this Act'' and
inserting ``this title'';
(2) in section 513, by striking ``this Act'' each place
such term appears in subsections (a)(2)(I) and (b)(3) and
inserting ``this title'';
(3) in section 514(f)(3)(B), by inserting ``Housing'' after
``Multifamily'';
(4) in section 515(c)(1)(B), by inserting ``or'' after the
semicolon;
(5) in section 517(b)--
(A) in each of paragraphs (1) through (6), by
capitalizing the first letter of the first word that
follows the paragraph heading;
(B) in each of paragraphs (1) through (5), by
striking the semicolon at the end and inserting a
period; and
(C) in paragraph (6), by striking ``; and'' at the
end and inserting a period;
(6) in section 520(b), by striking ``Banking and''; and
(7) in section 573(d)(2), by striking ``Banking and''.
Subtitle B--Office of Multifamily Housing Assistance Restructuring
SEC. 621. REAUTHORIZATION OF OFFICE AND EXTENSION OF PROGRAM.
Section 579 of the Multifamily Assisted Housing Reform and
Affordability Act of 1997 (42 U.S.C. 1437f note) is amended--
(1) by striking subsection (a) and inserting the following
new subsection:
``(a) Repeals.--
``(1) Mark-to-market program.--Subtitle A (except for
section 524) is repealed effective October 1, 2006.
``(2) OMHAR.--Subtitle D (except for this section) is
repealed effective October 1, 2004.'';
(2) in subsection (b), by striking ``October 1, 2001'' and
inserting ``October 1, 2006'';
(3) in subsection (c), by striking ``upon September 30,
2001'' and inserting ``at the end of September 30, 2004''; and
(4) by striking subsection (d) and inserting the following
new subsection:
``(d) Transfer of Authority.--Effective upon the repeal of subtitle
D under subsection (a)(2) of this section, all authority and
responsibilities to administer the program under subtitle A are
transferred to the Secretary.''.
SEC. 622. APPOINTMENT OF DIRECTOR.
(a) In General.--Section 572 of the Multifamily Assisted Housing
Reform and Affordability Act of 1997 (42 U.S.C. 1437f note) is amended
by striking subsection (a) and inserting the following new subsection:
``(a) Appointment.--The Office shall be under the management of a
Director, who shall be appointed by the President from among
individuals who are citizens of the United States and have a
demonstrated understanding of financing and mortgage restructuring for
affordable multifamily housing.''.
(b) Applicability.--The amendment made by subsection (a) shall
apply to the first Director of the Office of Multifamily Housing
Assistance Restructuring of the Department of Housing and Urban
Development appointed after the date of the enactment of this Act, and
any such Director appointed thereafter.
SEC. 623. VACANCY IN POSITION OF DIRECTOR.
(a) In General.--Section 572 of the Multifamily Assisted Housing
Reform and Affordability Act of 1997 (42 U.S.C. 1437f note) is amended
by striking subsection (b) and inserting the following new subsection:
``(b) Vacancy.--A vacancy in the position of Director shall be
filled by appointment in the manner provided under subsection (a). The
President shall make such an appointment not later than 60 days after
such position first becomes vacant.''.
(b) Applicability.--The amendment made by subsection (a) shall
apply to any vacancy in the position of Director of the Office of
Multifamily Housing Assistance Restructuring of the Department of
Housing and Urban Development which occurs or exists after the date of
the enactment of this Act.
SEC. 624. OVERSIGHT BY FEDERAL HOUSING COMMISSIONER.
(a) In General.--Section 578 of the Multifamily Assisted Housing
Reform and Affordability Act of 1997 (42 U.S.C. 1437f note) is amended
to read as follows:
``SEC. 578. OVERSIGHT BY FEDERAL HOUSING COMMISSIONER.
``All authority and responsibilities assigned under this subtitle
to the Secretary shall be carried out through the Assistant Secretary
of the Department of Housing and Urban Development who is the Federal
Housing Commissioner.''.
(b) Report.--The second sentence of section 573(b) of the
Multifamily Assisted Housing Reform and Affordability Act of 1997 (42
U.S.C. 1437f note) is amended by striking ``Secretary'' and inserting
``Assistant Secretary of the Department of Housing and Urban
Development who is the Federal Housing Commissioner''.
SEC. 625. LIMITATION ON SUBSEQUENT EMPLOYMENT.
Section 576 of the Multifamily Assisted Housing Reform and
Affordability Act of 1997 (42 U.S.C. 1437f note) is amended by striking
``2-year period'' and inserting ``1-year period''.
Subtitle C--Miscellaneous Housing Program Amendments
SEC. 631. EXTENSION OF CDBG PUBLIC SERVICES CAP EXCEPTION.
Section 105(a)(8) of the Housing and Community Development Act of
1974 (42 U.S.C. 5305(a)(8)) is amended by striking ``through 2001'' and
inserting ``through 2003''.
SEC. 632. USE OF SECTION 8 ENHANCED VOUCHERS FOR PREPAYMENTS.
Section 8(t)(2) of the United States Housing Act of 1937 (42 U.S.C.
1437f(t)(2)) is amended by inserting after ``insurance contract for the
mortgage for such housing project'' the following: ``(including any
such mortgage prepayment during fiscal year 1996 or a fiscal year
thereafter or any insurance contract voluntary termination during
fiscal year 1996 or a fiscal year thereafter)''.
SEC. 633. PREPAYMENT AND REFINANCING OF LOANS FOR SECTION 202
SUPPORTIVE HOUSING.
(a) In General.--Section 811 of the American Homeownership and
Economic Opportunity Act of 2000 (12 U.S.C. 1701q note) is amended by
striking subsection (e).
(b) Effectiveness Upon Date of Enactment.--The amendment made by
subsection (a) of this section shall take effect upon the date of the
enactment of this Act and the provisions of section 811 of the American
Homeownership and Economic Opportunity Act of 2000 (12 U.S.C. 1701q
note), as amended by subsection (a) of this section, shall apply as so
amended upon such date of enactment, notwithstanding--
(1) any authority of the Secretary of Housing and Urban
Development to issue regulations to implement or carry out the
amendments made by subsection (a) of this section or the
provisions of section 811 of the American Homeownership and
Economic Opportunity Act of 2000 (12 U.S.C. 1701q note); or
(2) any failure of the Secretary of Housing and Urban
Development to issue any such regulations authorized.
SEC. 634. TECHNICAL CORRECTION.
(a) In General.--Section 101(a) of Public Law 100-77 (42 U.S.C.
11301 note) is amended to read as if the amendment made by section 1 of
Public Law 106-400 (114 Stat. 1675) were made to ``Section 101''
instead of ``Section 1''.
(b) Retroactive Effect.--The amendment made by subsection (a) of
this section is deemed to have taken effect immediately after the
enactment of Public Law 106-400 (114 Stat. 1675).
TITLE VII--MENTAL HEALTH EQUITY
SEC. 701. SHORT TITLE.
This title may be cited as the ``Mental Health Equitable Treatment
Act of 2001''.
SEC. 702. AMENDMENT TO THE EMPLOYEE RETIREMENT INCOME SECURITY ACT OF
1974.
(a) In General.--Section 712 of the Employee Retirement Income
Security Act of 1974 (29 U.S.C. 1185a) is amended to read as follows:
``SEC. 712. MENTAL HEALTH PARITY.
``(a) In General.--In the case of a group health plan (or health
insurance coverage offered in connection with such a plan) that
provides both medical and surgical benefits and mental health benefits,
such plan or coverage shall not impose any treatment limitations or
financial requirements with respect to the coverage of benefits for
mental illnesses unless comparable treatment limitations or financial
requirements are imposed on medical and surgical benefits.
``(b) Construction.--
``(1) In general.--Nothing in this section shall be
construed as requiring a group health plan (or health insurance
coverage offered in connection with such a plan) to provide any
mental health benefits.
``(2) Medical management of mental health benefits.--
Consistent with subsection (a), nothing in this section shall
be construed to prevent the medical management of mental health
benefits, including through concurrent and retrospective
utilization review and utilization management practices,
preauthorization, and the application of medical necessity and
appropriateness criteria applicable to behavioral health and
the contracting and use of a network of participating
providers.
``(3) No requirement of specific services.--Nothing in this
section shall be construed as requiring a group health plan (or
health insurance coverage offered in connection with such a
plan) to provide coverage for specific mental health services,
except to the extent that the failure to cover such services
would result in a disparity between the coverage of mental
health and medical and surgical benefits.
``(c) Small Employer Exemption.--
``(1) In general.--This section shall not apply to any
group health plan (and group health insurance coverage offered
in connection with a group health plan) for any plan year of
any employer who employed an average of at least 2 but not more
than 50 employees on business days during the preceding
calendar year.
``(2) Application of certain rules in determination of
employer size.--For purposes of this subsection--
``(A) Application of aggregation rule for
employers.--Rules similar to the rules under
subsections (b), (c), (m), and (o) of section 414 of
the Internal Revenue Code of 1986 shall apply for
purposes of treating persons as a single employer.
``(B) Employers not in existence in preceding
year.--In the case of an employer which was not in
existence throughout the preceding calendar year, the
determination of whether such employer is a small
employer shall be based on the average number of
employees that it is reasonably expected such employer
will employ on business days in the current calendar
year.
``(C) Predecessors.--Any reference in this
paragraph to an employer shall include a reference to
any predecessor of such employer.
``(d) Separate Application to Each Option Offered.--In the case of
a group health plan that offers a participant or beneficiary two or
more benefit package options under the plan, the requirements of this
section shall be applied separately with respect to each such option.
``(e) In-Network and Out-of-Network Rules.--In the case of a plan
or coverage option that provides in-network mental health benefits,
out-of-network mental health benefits may be provided using treatment
limitations or financial requirements that are not comparable to the
limitations and requirements applied to medical and surgical benefits
if the plan or coverage provides such in-network mental health benefits
in accordance with subsection (a) and provides reasonable access to in-
network providers and facilities.
``(f) Definitions.--For purposes of this section--
``(1) Financial requirements.--The term `financial
requirements' includes deductibles, coinsurance, co-payments,
other cost sharing, and limitations on the total amount that
may be paid by a participant or beneficiary with respect to
benefits under the plan or health insurance coverage and shall
include the application of annual and lifetime limits.
``(2) Medical or surgical benefits.--The term `medical or
surgical benefits' means benefits with respect to medical or
surgical services, as defined under the terms of the plan or
coverage (as the case may be), but does not include mental
health benefits.
``(3) Mental health benefits.--The term `mental health
benefits' means benefits with respect to services, as defined
under the terms and conditions of the plan or coverage (as the
case may be), for all categories of mental health conditions
listed in the Diagnostic and Statistical Manual of Mental
Disorders, Fourth Edition (DSM IV-TR), or the most recent
edition if different than the Fourth Edition, if such services
are included as part of an authorized treatment plan that is in
accordance with standard protocols and such services meet the
plan or issuer's medical necessity criteria. Such term does not
include benefits with respect to the treatment of substance
abuse or chemical dependency.
``(4) Treatment limitations.--The term `treatment
limitations' means limitations on the frequency of treatment,
number of visits or days of coverage, or other similar limits
on the duration or scope of treatment under the plan or
coverage.''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect on January 1, 2003 and shall apply with respect to plan
years beginning on or after such date.
SEC. 703. AMENDMENT TO THE PUBLIC HEALTH SERVICE ACT RELATING TO THE
GROUP MARKET.
(a) In General.--Section 2705 of the Public Health Service Act (42
U.S.C. 300gg-5) is amended to read as follows:
``SEC. 2705. MENTAL HEALTH PARITY.
``(a) In General.--In the case of a group health plan (or health
insurance coverage offered in connection with such a plan) that
provides both medical and surgical benefits and mental health benefits,
such plan or coverage shall not impose any treatment limitations or
financial requirements with respect to the coverage of benefits for
mental illnesses unless comparable treatment limitations or financial
requirements are imposed on medical and surgical benefits.
``(b) Construction.--
``(1) In general.--Nothing in this section shall be
construed as requiring a group health plan (or health insurance
coverage offered in connection with such a plan) to provide any
mental health benefits.
``(2) Medical management of mental health benefits.--
Consistent with subsection (a), nothing in this section shall
be construed to prevent the medical management of mental health
benefits, including through concurrent and retrospective
utilization review and utilization management practices,
preauthorization, and the application of medical necessity and
appropriateness criteria applicable to behavioral health and
the contracting and use of a network of participating
providers.
``(3) No requirement of specific services.--Nothing in this
section shall be construed as requiring a group health plan (or
health insurance coverage offered in connection with such a
plan) to provide coverage for specific mental health services,
except to the extent that the failure to cover such services
would result in a disparity between the coverage of mental
health and medical and surgical benefits.
``(c) Small Employer Exemption.--
``(1) In general.--This section shall not apply to any
group health plan (and group health insurance coverage offered
in connection with a group health plan) for any plan year of
any employer who employed an average of at least 2 but not more
than 50 employees on business days during the preceding
calendar year.
``(2) Application of certain rules in determination of
employer size.--For purposes of this subsection--
``(A) Application of aggregation rule for
employers.--Rules similar to the rules under
subsections (b), (c), (m), and (o) of section 414 of
the Internal Revenue Code of 1986 shall apply for
purposes of treating persons as a single employer.
``(B) Employers not in existence in preceding
year.--In the case of an employer which was not in
existence throughout the preceding calendar year, the
determination of whether such employer is a small
employer shall be based on the average number of
employees that it is reasonably expected such employer
will employ on business days in the current calendar
year.
``(C) Predecessors.--Any reference in this
paragraph to an employer shall include a reference to
any predecessor of such employer.
``(d) Separate Application to Each Option Offered.--In the case of
a group health plan that offers a participant or beneficiary two or
more benefit package options under the plan, the requirements of this
section shall be applied separately with respect to each such option.
``(e) In-Network and Out-of-Network Rules.--In the case of a plan
or coverage option that provides in-network mental health benefits,
out-of-network mental health benefits may be provided using treatment
limitations or financial requirements that are not comparable to the
limitations and requirements applied to medical and surgical benefits
if the plan or coverage provides such in-network mental health benefits
in accordance with subsection (a) and provides reasonable access to in-
network providers and facilities.
``(f) Definitions.--For purposes of this section--
``(1) Financial requirements.--The term `financial
requirements' includes deductibles, coinsurance, co-payments,
other cost sharing, and limitations on the total amount that
may be paid by a participant, beneficiary or enrollee with
respect to benefits under the plan or health insurance coverage
and shall include the application of annual and lifetime
limits.
``(2) Medical or surgical benefits.--The term `medical or
surgical benefits' means benefits with respect to medical or
surgical services, as defined under the terms of the plan or
coverage (as the case may be), but does not include mental
health benefits.
``(3) Mental health benefits.--The term `mental health
benefits' means benefits with respect to services, as defined
under the terms and conditions of the plan or coverage (as the
case may be), for all categories of mental health conditions
listed in the Diagnostic and Statistical Manual of Mental
Disorders, Fourth Edition (DSM IV-TR), or the most recent
edition if different than the Fourth Edition, if such services
are included as part of an authorized treatment plan that is in
accordance with standard protocols and such services meet the
plan or issuer's medical necessity criteria. Such term does not
include benefits with respect to the treatment of substance
abuse or chemical dependency.
``(4) Treatment limitations.--The term `treatment
limitations' means limitations on the frequency of treatment,
number of visits or days of coverage, or other similar limits
on the duration or scope of treatment under the plan or
coverage.''.
(b) Effective Date.--The amendment made by paragraph (1) shall take
effect on January 1, 2003 and shall apply with respect to plan years
beginning on or after such date.
SEC. 704. PREEMPTION.
Nothing in the amendments made by this title shall be construed to
preempt any provision of State law, with respect to health insurance
coverage offered by a health insurance issuer in connection with a
group health plan, that provides protections to enrollees that are
greater than the protections provided under such amendments. Nothing in
the amendments made by this title shall be construed to affect or
modify section 514 of the Employee Retirement Income Security Act of
1974 (29 U.S.C. 1144).
SEC. 705. GENERAL ACCOUNTING OFFICE STUDY.
(a) Study.--The Comptroller General shall conduct a study that
evaluates the effect of the implementation of the amendments made by
this title on the cost of health insurance coverage, access to health
insurance coverage (including the availability of in-network
providers), the quality of health care, and other issues as determined
appropriate by the Comptroller General.
(b) Report.--Not later than 2 years after the date of enactment of
this Act, the Comptroller General shall prepare and submit to the
appropriate committees of Congress a report containing the results of
the study conducted under subsection (a).
SEC. 706. NO IMPACT ON SOCIAL SECURITY TRUST FUND.
(a) In General.--Nothing in this title (or an amendment made by
this title) shall be construed to alter or amend the Social Security
Act (or any regulation promulgated under that Act).
(b) Transfers.--
(1) Estimate of secretary.--The Secretary of the Treasury
shall annually estimate the impact that the enactment of this
title has on the income and balances of the trust funds
established under section 201 of the Social Security Act (42
U.S.C. 401).
(2) Transfer of funds.--If, under paragraph (1), the
Secretary of the Treasury estimates that the enactment of this
title has a negative impact on the income and balances of the
trust funds established under section 201 of the Social
Security Act (42 U.S.C. 401), the Secretary shall transfer, not
less frequently than quarterly, from the general revenues of
the Federal Government an amount sufficient so as to ensure
that the income and balances of such trust funds are not
reduced as a result of the enactment of such title.
SEC. 707. CONGRESSIONAL BUDGET ACT.
Notwithstanding Rule 3 of the Budget Scorekeeping Guidelines set
forth in the joint explanatory statement of the committee of conference
accompanying Conference Report 105-217, the provisions of this title
that would have been estimated by the Office of Management and Budget
as changing direct spending or receipts under section 252 of the
Balanced Budget and Emergency Deficit Control Act of 1985 were it
included in an Act other than an appropriations Act shall be treated as
direct spending or receipts legislation, as appropriate, under section
252 of the Balanced Budget and Emergency Deficit Control Act of 1985,
and by the Chairman of the Senate Budget Committee, as appropriate,
under the Congressional Budget Act.
TITLE VIII--INFORMATION ON PASSENGERS AND CARGO
SEC. 801. MANDATORY ADVANCED ELECTRONIC INFORMATION FOR AIR CARGO AND
PASSENGERS ENTERING THE UNITED STATES.
(a) Air Cargo Information.--
(1) In general.--Section 431(b) of the Tariff Act of 1930
(19 U.S.C. 1431(b)) is amended--
(A) by striking ``(b) Production of Manifest.--Any
manifest'' and inserting the following:
``(b) Production of Manifest.--
``(1) In general.--Any manifest'';
(B) by indenting the margin of paragraph (1), as so
designated, two ems; and
(C) by adding at the end the following new
paragraph:
``(2) Additional information.--
``(A) In general.--In addition to any other
requirement under this section, every air carrier
required to make entry or obtain clearance under the
customs laws of the United States, the pilot, the
master, operator, or owner of such carrier (or the
authorized agent of such owner or operator) shall
provide by electronic transmission cargo manifest
information specified in subparagraph (B) in advance of
such entry or clearance in such manner, time, and form
as the Secretary shall prescribe. The Secretary may
exclude any class of air carrier for which the
Secretary concludes the requirements of this
subparagraph are not necessary.
``(B) Information required.--The information
specified in this subparagraph is as follows:
``(i) The port of arrival or departure,
whichever is applicable.
``(ii) The carrier code, prefix code, or,
both.
``(iii) The flight or trip number.
``(iv) The date of scheduled arrival or
date of scheduled departure, whichever is
applicable.
``(v) The request for permit to proceed to
the destination, if applicable.
``(vi) The numbers and quantities from the
master and house air waybill or bills of
lading.
``(vii) The first port of lading of the
cargo.
``(viii) A description and weight of the
cargo.
``(ix) The shippers name and address from
all air waybills or bills of lading.
``(x) The consignee name and address from
all air waybills or bills of lading.
``(xi) Notice that actual boarded
quantities are not equal to air waybill or
bills of lading quantities.
``(xii) Transfer or transit information.
``(xiii) Warehouse or other location of the
cargo.
``(xiv) Such other information as the
Secretary, by regulation, determines is
reasonably necessary to ensure aviation
transportation safety pursuant to the laws
enforced or administered by the Customs
Service.
``(3) Availability of information.--Information provided
under paragraph (2) may be shared with other departments and
agencies of the Federal Government, including the Department of
Transportation and the law enforcement agencies of the Federal
Government, for purposes of protecting the national security of
the United States.''.
(2) Conforming amendments.--Subparagraphs (A) and (C) of
section 431(d)(1) of such Act are each amended by inserting
before the semicolon ``or subsection (b)(2)''.
(b) Passenger Information.--Part II of title IV of the Tariff Act
of 1930 is amended by inserting after section 431 the following new
section:
``SEC. 432. PASSENGER AND CREW MANIFEST INFORMATION REQUIRED FOR AIR
CARRIERS.
``(a) In General.--For every person arriving or departing on an air
carrier required to make entry or obtain clearance under the customs
laws of the United States, the pilot, the master, operator, or owner of
such carrier (or the authorized agent of such owner or operator) shall
provide, by electronic transmission, manifest information specified in
subsection (b) in advance of such entry or clearance in such manner,
time, and form as the Secretary shall prescribe.
``(b) Information.--The information specified in this subsection
with respect to a person is--
``(1) full name;
``(2) date of birth and citizenship;
``(3) sex;
``(4) passport number and country of issuance;
``(5) United States visa number or resident alien card
number, as applicable;
``(6) passenger name record; and
``(7) such other information as the Secretary, by
regulation, determines is reasonably necessary to ensure
aviation transportation safety pursuant to the laws enforced or
administered by the Customs Service.
``(c) Availability of Information.--Information provided under this
section may be shared with other departments and agencies of the
Federal Government, including the Department of Transportation and the
law enforcement agencies of the Federal Government, for purposes of
protecting the national security of the United States.''.
(c) Definition.--Section 401 of the Tariff Act of 1930 (19 U.S.C.
1401) is amended by adding at the end the following new subsection:
``(t) Air Carrier.--The term `air carrier' means an air
carrier transporting goods or passengers for payment or other
consideration, including money or services rendered.''.
(d) Effective Date.--The amendments made by this section shall take
effect 45 days after the date of enactment of this Act.
This Act may be cited as the ``Departments of Labor, Health and
Human Services, and Education, and Related Agencies Appropriations Act,
2002''.
Passed the House of Representatives October 11, 2001.
Attest:
JEFF TRANDAHL,
Clerk.
Passed the Senate November 6, 2001.
Attest:
JERI THOMSON,
Secretary.