[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 1536 Placed on Calendar Senate (PCS)]

                                                       Calendar No. 193
107th CONGRESS
  1st Session
                                S. 1536

                          [Report No. 107-84]

 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.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            October 11, 2001

    Mr. Harkin, from the Committee on Appropriations, reported the 
    following original bill; which was read twice and placed on the 
                                calendar

_______________________________________________________________________

                                 A BILL


 
 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, 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; 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, and $3,500,000 shall be 
for carrying out the National Skills Standards Act of 1994: 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.
    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, $5,488,843,000, 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.
    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 and of which $53,000,000 
shall be for the animal vivarium: Provided, That notwithstanding any 
other provision of law, a single contract or related contracts for the 
development and construction of the first phase of the National 
Neuroscience Research Center 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.

       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, $3,073,456,000.

               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 5.9 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.

       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.
    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, $11,879,900,000, of 
which $4,104,200,000 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 $8,568,000,000 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 $1,632,000,000 
shall be available for concentration grants under section 1124A: 
Provided further, That grant awards under sections 1124 and 1124A of 
title I of the ESEA shall be not less than the greater of 100 percent 
of the amount each State and local educational agency received under 
this authority for fiscal year 2001 or the amount each State and local 
educational agency would receive if $8,568,000,000 for basic grants and 
$1,632,000,000 for concentration grants were allocated in accordance 
with section 1122(c)(3) of title I of the Elementary and Secondary 
Education Act of 1965 as in effect prior to the Senate passage of H.R. 
1: Provided further, That notwithstanding any other provision of law, 
grant awards under 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 VIII of the Elementary and 
Secondary Education Act of 1965, as amended by H.R. 1 as passed by the 
Senate on June 14, 2001, $1,130,500,000, of which $954,000,000 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), 
$68,000,000 shall be for formula grants for construction under section 
8007(a), $50,500,000 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; $8,717,014,000, 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, 
$10,000,000 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.

                            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, $516,000,000.

                           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, 
$1,764,223,000, 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.
    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.
    (c) Subject to the provisions in section 510 (a) and (b), Federal 
dollars are permitted, at the discretion of the President, solely for 
the purpose of stem cell research, on embryos that have been created in 
excess of clinical need and will be discarded, and donated with the 
written consent of the progenitors.
    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.

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).
    This Act may be cited as the ``Departments of Labor, Health and 
Human Services, and Education, and Related Agencies Appropriations Act, 
2002''.
                                                       Calendar No. 193

107th CONGRESS

  1st Session

                                S. 1536

                          [Report No. 107-84]

_______________________________________________________________________

                                 A BILL

 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.

_______________________________________________________________________

                            October 11, 2001

                 Read twice and placed on the calendar