[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.