[Congressional Record Volume 147, Number 152 (Tuesday, November 6, 2001)]
[Senate]
[Pages S11458-S11475]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




  DEPARTMENTS OF LABOR, HEALTH AND HUMAN SERVICES, AND EDUCATION, AND 
          RELATED AGENCIES APPROPRIATIONS ACT, 2002--Continued

  Mr. REID. Mr. President, for Members, we are going to have two 
rollcall votes now, followed by taking up the next to the last 
appropriations bill of this year, the D.C. appropriations bill. Have 
the yeas and nays been ordered?
  The PRESIDING OFFICER. The yeas and nays have been ordered. The 
question is on the engrossment of the amendments and third reading of 
the bill.
  The amendments were ordered to be engrossed and the bill to be read a 
third time.
  The bill was read the third time.
  The PRESIDING OFFICER. The bill having been read the third time, the 
question is, Shall the bill pass?
  The clerk will call the roll.
  The bill clerk called the roll.
  Mr. REID. I announce that the Senator from Georgia (Mr. Miller) is 
necessarily absent.
  The PRESIDING OFFICER. Are there any other Senators in the Chamber 
desiring to vote?
  The result was announced--yeas 89, nays 10, as follows:

                      [Rollcall Vote No. 324 Leg.]

                                YEAS--89

     Akaka
     Allen
     Baucus
     Bayh
     Bennett
     Biden
     Bingaman
     Bond
     Boxer
     Breaux
     Brownback
     Burns
     Byrd
     Campbell
     Cantwell
     Carnahan
     Carper
     Chafee
     Cleland
     Clinton
     Cochran
     Collins
     Conrad
     Corzine
     Craig
     Crapo
     Daschle
     Dayton
     DeWine
     Dodd
     Domenici
     Dorgan
     Durbin
     Edwards
     Ensign
     Enzi
     Feinstein
     Frist
     Graham
     Grassley
     Gregg
     Hagel
     Harkin
     Hatch
     Hollings
     Hutchinson
     Hutchison
     Inhofe
     Inouye
     Jeffords
     Johnson
     Kennedy
     Kerry
     Kohl
     Kyl
     Landrieu
     Leahy
     Levin
     Lieberman
     Lincoln
     Lott
     Lugar
     McCain
     McConnell
     Mikulski
     Murkowski
     Murray
     Nelson (FL)
     Nelson (NE)
     Reed
     Reid
     Roberts
     Rockefeller
     Santorum
     Sarbanes
     Schumer
     Shelby
     Smith (OR)
     Snowe
     Specter
     Stabenow
     Stevens
     Thomas
     Thompson
     Thurmond
     Torricelli
     Warner
     Wellstone
     Wyden

                                NAYS--10

     Allard
     Bunning
     Feingold
     Fitzgerald
     Gramm
     Helms
     Nickles
     Sessions
     Smith (NH)
     Voinovich

                             NOT VOTING--1

       
     Miller
       
  The bill (H.R. 3061), as amended, was passed, as follows:

       Resolved, That the bill from the House of Representatives 
     (H.R. 3061) entitled ``An Act making appropriations for the 
     Departments of Labor, Health and Human Services, and 
     Education, and related agencies for the fiscal year ending 
     September 30, 2002, and for other purposes.'', do pass with 
     the following amendment:
       Strike out all after the enacting clause and insert:

     That the following sums are appropriated, out of any money in 
     the Treasury not otherwise appropriated, for the Departments 
     of Labor, Health and Human Services, and Education, and 
     related agencies for the fiscal year ending September 30, 
     2002, and for other purposes, namely:

                      TITLE I--DEPARTMENT OF LABOR

                 Employment and Training Administration


                    TRAINING AND EMPLOYMENT SERVICES

       For necessary expenses of the Workforce Investment Act, 
     including the purchase and hire of passenger motor vehicles, 
     the construction, alteration, and repair of buildings and 
     other facilities, and the purchase of real property for 
     training centers as authorized by the Workforce Investment 
     Act and the National Skill Standards Act of 1994; 
     $3,070,281,000 plus reimbursements, of which $1,670,941,000 
     is available for obligation for the period July 1, 2002 
     through June 30, 2003; of which $1,377,965,000 is available 
     for obligation for the period April 1, 2002 through June 30, 
     2003, including $1,127,965,000 to carry out chapter 4 of the 
     Workforce Investment Act and $250,000,000 to carry out 
     section 169 of such Act; of which $3,500,000 is available for 
     obligation October 1, 2001 until expended for carrying out 
     the National Skills Standards Act of 1994; and of which 
     $20,375,000 is available for the period July 1, 2002 through 
     June 30, 2005 for necessary expenses of construction, 
     rehabilitation, and acquisition of Job Corps centers: 
     Provided, That $9,098,000 shall be for carrying out section 
     172 of the Workforce Investment Act: Provided further, That 
     funding provided herein for carrying out Dislocated Worker 
     Employment and Training Activities under the Workforce 
     Investment Act shall include $402,000,000 under section 
     132(a)(2)(B) of the Act, and $87,000,000 under section 
     132(a)(2)(A) of the Act: Provided further, That, 
     notwithstanding any other provision of law or related 
     regulation, $80,770,000 shall be for carrying out section 167 
     of the Workforce Investment Act, including $74,751,000 for 
     formula grants, $5,000,000 for migrant and seasonal housing, 
     and $1,019,000 for other discretionary purposes: Provided 
     further, That funding provided herein under section 166 of 
     the Workforce Investment Act shall include $1,711,000 for use 
     under section 166(j)(1) of the Act: Provided further, That 
     funds provided to

[[Page S11459]]

     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

[[Page S11460]]

     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,

[[Page S11461]]

     and which shall be available for obligation by the States 
     through December 31, 2002. To carry out the Stewart B. 
     McKinney Homeless Assistance Act and section 168 of the 
     Workforce Investment Act of 1998, $26,800,000, of which 
     $7,800,000 shall be available for obligation for the period 
     July 1, 2002, through June 30, 2003.


                      Office of Inspector General

       For salaries and expenses of the Office of Inspector 
     General in carrying out the provisions of the Inspector 
     General Act of 1978, as amended, $52,182,000, together with 
     not to exceed $4,951,000, which may be expended from the 
     Employment Security Administration account in the 
     Unemployment Trust Fund.

                           GENERAL PROVISIONS

       Sec. 101. None of the funds appropriated in this title for 
     the Job Corps shall be used to pay the compensation of an 
     individual, either as direct costs or any proration as an 
     indirect cost, at a rate in excess of Executive Level II.


                          (transfer of funds)

       Sec. 102. Not to exceed 1 percent of any discretionary 
     funds (pursuant to the Balanced Budget and Emergency Deficit 
     Control Act of 1985, as amended) which are appropriated for 
     the current fiscal year for the Department of Labor in this 
     Act may be transferred between appropriations, but no such 
     appropriation shall be increased by more than 3 percent by 
     any such transfer: Provided, That the Appropriations 
     Committees of both Houses of Congress are notified at least 
     15 days in advance of any transfer.
       Sec. 103. It is the sense of the Senate that amounts should 
     be appropriated to provide dislocated worker employment and 
     training assistance under the Workforce Investment Act to 
     airport career centers (to be located with the Port Authority 
     of New York and New Jersey) to enable such centers to provide 
     services to workers in the airline and related industries 
     (including ground transportation and other businesses) who 
     have been dislocated as a result of the September 11, 2001 
     attack on the World Trade Center.
       Sec. 104. It is the sense of the Senate that amounts should 
     be appropriated to provide adult employment and training 
     activities to assist individuals with disabilities from New 
     York and New Jersey who require vocational rehabilitative 
     services as a result of the September 11, 2001 attack on the 
     World Trade Center in order to permit such individuals to 
     return to work or maintain employment.
       This title may be cited as the ``Department of Labor 
     Appropriations Act, 2002''.

           TITLE II--DEPARTMENT OF HEALTH AND HUMAN SERVICES

              Health Resources and Services Administration


                     Health Resources and Services

       For carrying out titles II, III, VII, VIII, X, XII, XIX, 
     and XXVI of the Public Health Service Act, section 427(a) of 
     the Federal Coal Mine Health and Safety Act, title V and 
     sections 1128E and 1820 of the Social Security Act, the 
     Health Care Quality Improvement Act of 1986, as amended, the 
     Native Hawaiian Health Care Act of 1988, as amended, the 
     Cardiac Arrest Survival Act of 2000, and the Poison Control 
     Center Enhancement and Awareness Act, $5,496,343,000, of 
     which $10,000,000 shall be available for construction and 
     renovation of health care and other facilities, and of which 
     $25,000,000 from general revenues, notwithstanding section 
     1820(j) of the Social Security Act, shall be available for 
     carrying out the Medicare rural hospital flexibility grants 
     program under section 1820 of such Act: Provided, That the 
     Division of Federal Occupational Health may utilize personal 
     services contracting to employ professional management/
     administrative and occupational health professionals: 
     Provided further, That of the funds made available under this 
     heading, $250,000 shall be available until expended for 
     facilities renovations at the Gillis W. Long Hansen's Disease 
     Center: Provided further, That in addition to fees authorized 
     by section 427(b) of the Health Care Quality Improvement Act 
     of 1986, fees shall be collected for the full disclosure of 
     information under the Act sufficient to recover the full 
     costs of operating the National Practitioner Data Bank, and 
     shall remain available until expended to carry out that Act: 
     Provided further, That fees collected for the full disclosure 
     of information under the ``Health Care Fraud and Abuse Data 
     Collection Program,'' authorized by section 1128E(d)(2) of 
     the Social Security Act, shall be sufficient to recover the 
     full costs of operating the program, and shall remain 
     available until expended to carry out that Act: Provided 
     further, That no more than $5,000,000 is available for 
     carrying out the provisions of Public Law 104-73: Provided 
     further, That of the funds made available under this heading, 
     $266,000,000 shall be for the program under title X of the 
     Public Health Service Act to provide for voluntary family 
     planning projects: Provided further, That amounts provided to 
     said projects under such title shall not be expended for 
     abortions, that all pregnancy counseling shall be 
     nondirective, and that such amounts shall not be expended for 
     any activity (including the publication or distribution of 
     literature) that in any way tends to promote public support 
     or opposition to any legislative proposal or candidate for 
     public office: Provided further, That $610,000,000 shall be 
     for State AIDS Drug Assistance Programs authorized by section 
     2616 of the Public Health Service Act: Provided further, That 
     of the amount provided for Rural Health Outreach Grants, 
     $12,500,000 shall be available to improve access to automatic 
     external defibrillators in rural communities.
       For special projects of regional and national significance 
     under section 501(a)(2) of the Social Security Act, 
     $30,000,000, which shall become available on October 1, 2002, 
     and shall remain available until September 30, 2003: 
     Provided, That such amount shall not be counted toward 
     compliance with the allocation required in section 502(a)(1) 
     of such Act: Provided further, That such amount shall be used 
     only for making competitive grants to provide abstinence 
     education (as defined in section 510(b)(2) of such Act) to 
     adolescents and for evaluations (including longitudinal 
     evaluations) of activities under the grants and for Federal 
     costs of administering the grants: Provided further, That 
     grants shall be made only to public and private entities 
     which agree that, with respect to an adolescent to whom the 
     entities provide abstinence education under such grant, the 
     entities will not provide to that adolescent any other 
     education regarding sexual conduct, except that, in the case 
     of an entity expressly required by law to provide health 
     information or services the adolescent shall not be precluded 
     from seeking health information or services from the entity 
     in a different setting than the setting in which the 
     abstinence education was provided: Provided further, That the 
     funds expended for such evaluations may not exceed 3.5 
     percent of such amount.


           Health Education Assistance Loans Program Account

       Such sums as may be necessary to carry out the purpose of 
     the program, as authorized by title VII of the Public Health 
     Service Act, as amended. For administrative expenses to carry 
     out the guaranteed loan program, including section 709 of the 
     Public Health Service Act, $3,792,000.


             Vaccine Injury Compensation Program Trust Fund

       For payments from the Vaccine Injury Compensation Program 
     Trust Fund, such sums as may be necessary for claims 
     associated with vaccine-related injury or death with respect 
     to vaccines administered after September 30, 1988, pursuant 
     to subtitle 2 of title XXI of the Public Health Service Act, 
     to remain available until expended: Provided, That for 
     necessary administrative expenses, not to exceed $2,992,000 
     shall be available from the Trust Fund to the Secretary of 
     Health and Human Services.

               Centers for Disease Control and Prevention


                Disease Control, Research, and Training

       To carry out titles II, III, VII, XI, XV, XVII, XIX and 
     XXVI of the Public Health Service Act, sections 101, 102, 
     103, 201, 202, 203, 301, and 501 of the Federal Mine Safety 
     and Health Act of 1977, sections 20, 21, and 22 of the 
     Occupational Safety and Health Act, of 1970, title IV of the 
     Immigration and Nationality Act and section 501 of the 
     Refugee Education Assistance Act of 1980; including insurance 
     of official motor vehicles in foreign countries; and hire, 
     maintenance, and operation of aircraft, $4,418,910,000, of 
     which $250,000,000 shall remain available until expended for 
     equipment and construction and renovation of facilities, and 
     in addition, such sums as may be derived from authorized user 
     fees, which shall be credited to this account, of which 
     $52,000,000 shall remain available until expended for the 
     National Pharmaceutical Stockpile, and of which $154,527,000 
     for international HIV/AIDS programs shall remain available 
     until September 30, 2003: Provided, That $126,978,000 shall 
     be available to carry out the National Center for Health 
     Statistics Surveys: Provided further, That none of the funds 
     made available for injury prevention and control at the 
     Centers for Disease Control and Prevention may be used to 
     advocate or promote gun control: Provided further, That the 
     Director may redirect the total amount made available under 
     authority of Public Law 101-502, section 3, dated November 3, 
     1990, to activities the Director may so designate: Provided 
     further, That the Congress is to be notified promptly of any 
     such transfer: Provided further, That not to exceed 
     $10,000,000 may be available for making grants under section 
     1509 of the Public Health Service Act to not more than 15 
     States: Provided further, That notwithstanding any other 
     provision of law, a single contract or related contracts for 
     development and construction of facilities may be employed 
     which collectively include the full scope of the project: 
     Provided further, That the solicitation and contract shall 
     contain the clause ``availability of funds'' found at 48 CFR 
     52.232-18.

                     National Institutes of Health


                       National Cancer Institute

       For carrying out section 301 and title IV of the Public 
     Health Service Act with respect to cancer, $4,258,516,000.


               National Heart, Lung, and Blood Institute

       For carrying out section 301 and title IV of the Public 
     Health Service Act with respect to cardiovascular, lung, and 
     blood diseases, and blood and blood products, $2,618,966,000.


         National Institute of Dental and Craniofacial Research

       For carrying out section 301 and title IV of the Public 
     Health Service Act with respect to dental disease, 
     $348,767,000.


    National Institute of Diabetes and Digestive and Kidney Diseases

       For carrying out section 301 and title IV of the Public 
     Health Service Act with respect to diabetes and digestive and 
     kidney disease, $1,501,476,000.


        National Institute of Neurological Disorders and Stroke

       For carrying out section 301 and title IV of the Public 
     Health Service Act with respect to neurological disorders and 
     stroke, $1,352,055,000.


         National Institute of Allergy and Infectious Diseases

       For carrying out section 301 and title IV of the Public 
     Health Service Act with respect to allergy and infectious 
     diseases, $2,375,836,000.

[[Page S11462]]

             National Institute of General Medical Sciences

       For carrying out section 301 and title IV of the Public 
     Health Service Act with respect to general medical sciences, 
     $1,753,465,000.


        National Institute of Child Health and Human Development

       For carrying out section 301 and title IV of the Public 
     Health Service Act with respect to child health and human 
     development, $1,123,692,000.


                         National Eye Institute

       For carrying out section 301 and title IV of the Public 
     Health Service Act with respect to eye diseases and visual 
     disorders, $614,000,000.


          National Institute of Environmental Health Sciences

       For carrying out sections 301 and 311 and title IV of the 
     Public Health Service Act with respect to environmental 
     health sciences, $585,946,000.


                      National Institute on Aging

       For carrying out section 301 and title IV of the Public 
     Health Service Act with respect to aging, $909,174,000.


 National Institute of Arthritis and Musculoskeletal and Skin Diseases

       For carrying out section 301 and title IV of the Public 
     Health Service Act with respect to arthritis and 
     musculoskeletal and skin diseases, $460,202,000.


    National Institute on Deafness and Other Communication Disorders

       For carrying out section 301 and title IV of the Public 
     Health Service Act with respect to deafness and other 
     communication disorders, $349,983,000.


                 National Institute of Nursing Research

       For carrying out section 301 and title IV of the Public 
     Health Service Act with respect to nursing research, 
     $125,659,000.


           National Institute on Alcohol Abuse and Alcoholism

       For carrying out section 301 and title IV of the Public 
     Health Service Act with respect to alcohol abuse and 
     alcoholism, $390,761,000.


                    National Institute on Drug Abuse

       For carrying out section 301 and title IV of the Public 
     Health Service Act with respect to drug abuse, $902,000,000.


                  National Institute of Mental Health

       For carrying out section 301 and title IV of the Public 
     Health Service Act with respect to mental health, 
     $1,279,383,000.


                National Human Genome Research Institute

       For carrying out section 301 and title IV of the Public 
     Health Service Act with respect to human genome research, 
     $440,448,000.


      National Institute for Biomedical Imaging and Bioengineering

       For carrying out section 301 and title IV of the Public 
     Health Service Act with respect to biomedical imaging and 
     bioengineering research, $140,000,000.


                 National Center for Research Resources

       For carrying out section 301 and title IV of the Public 
     Health Service Act with respect to research resources and 
     general research support grants, $1,014,044,000: Provided, 
     That none of these funds shall be used to pay recipients of 
     the general research support grants program any amount for 
     indirect expenses in connection with such grants: Provided 
     further, That $125,000,000 shall be for extramural facilities 
     construction grants.


       National Center for Complementary and Alternative Medicine

       For carrying out section 301 and title IV of the Public 
     Health Service Act with respect to complementary and 
     alternative medicine, $110,000,000.


       National Center on Minority Health and Health Disparities

       For carrying out section 301 and title IV of the Public 
     Health Service Act with respect to minority health and health 
     disparities research, $158,421,000.


                  John E. Fogarty International Center

       For carrying out the activities at the John E. Fogarty 
     International Center, $57,874,000.


                      National Library of Medicine

       For carrying out section 301 and title IV of the Public 
     Health Service Act with respect to health information 
     communications, $281,584,000, of which $4,000,000 shall be 
     available until expended for improvement of information 
     systems: Provided, That in fiscal year 2002, the Library may 
     enter into personal services contracts for the provision of 
     services in facilities owned, operated, or constructed under 
     the jurisdiction of the National Institutes of Health.


                         Office of the Director

                     (including transfer of funds)

       For carrying out the responsibilities of the Office of the 
     Director, National Institutes of Health, $236,408,000: 
     Provided, That funding shall be available for the purchase of 
     not to exceed 29 passenger motor vehicles for replacement 
     only: Provided further, That the Director may direct up to 1 
     percent of the total amount made available in this or any 
     other Act to all National Institutes of Health appropriations 
     to activities the Director may so designate: Provided 
     further, That no such appropriation shall be decreased by 
     more than 1 percent by any such transfers and that the 
     Congress is promptly notified of the transfer: Provided 
     further, That the National Institutes of Health is authorized 
     to collect third party payments for the cost of clinical 
     services that are incurred in National Institutes of Health 
     research facilities and that such payments shall be credited 
     to the National Institutes of Health Management Fund: 
     Provided further, That all funds credited to the National 
     Institutes of Health Management Fund shall remain available 
     for one fiscal year after the fiscal year in which they are 
     deposited: Provided further, That up to $500,000 shall be 
     available to carry out section 499 of the Public Health 
     Service Act: Provided further, That, notwithstanding section 
     499(k)(10) of the Public Health Service Act, funds from the 
     Foundation for the National Institutes of Health may be 
     transferred to the National Institutes of Health.


                        buildings and facilities

       For the study of, construction of, and acquisition of 
     equipment for, facilities of or used by the National 
     Institutes of Health, including the acquisition of real 
     property, $306,600,000, to remain available until expended, 
     of which $26,000,000 shall be for the John Edward Porter 
     Neuroscience Research Center: Provided, That notwithstanding 
     any other provision of law, a single contract or related 
     contracts, which collectively include the full scope of the 
     project, may be employed for the development and construction 
     of the first and second phases of the John Edward Porter 
     Neuroscience Research Center: Provided further, That the 
     solicitation and contract shall contain the clause 
     ``availability of funds'' found at 48 CFR 52.232-18.

       Substance Abuse and Mental Health Services Administration


               Substance Abuse and Mental Health Services

       For carrying out titles V and XIX of the Public Health 
     Service Act with respect to substance abuse and mental health 
     services, the Protection and Advocacy for Mentally Ill 
     Individuals Act of 1986, and section 301 of the Public Health 
     Service Act with respect to program management, 
     $3,088,456,000: Provided, That $10,000,000 shall be made 
     available to carry out subtitle C of title XXXVI of the 
     Children's Health Act of 2000 (and the amendments made by 
     such subtitle): Provided further, That $5,000,000 shall be 
     made available for mental health providers serving public 
     safety workers affected by disasters of national 
     significance.

               Agency for Healthcare Research and Quality


                    Healthcare Research and Quality

       For carrying out titles III and IX of the Public Health 
     Service Act, $291,245,000, together with amounts received 
     from Freedom of Information Act fees, reimbursable and 
     interagency agreements, and the sale of data, which shall be 
     credited to this appropriation and shall remain available 
     until expended.

               Center for Medicare and Medicaid Services


                     Grants to States for Medicaid

       For carrying out, except as otherwise provided, titles XI 
     and XIX of the Social Security Act, $106,821,882,000, to 
     remain available until expended.
       For making, after May 31, 2002, payments to States under 
     title XIX of the Social Security Act for the last quarter of 
     fiscal year 2002 for unanticipated costs, incurred for the 
     current fiscal year, such sums as may be necessary.
       For making payments to States or in the case of section 
     1928 on behalf of States under title XIX of the Social 
     Security Act for the first quarter of fiscal year 2003, 
     $46,601,937,000, to remain available until expended.
       Payment under title XIX may be made for any quarter with 
     respect to a State plan or plan amendment in effect during 
     such quarter, if submitted in or prior to such quarter and 
     approved in that or any subsequent quarter.


                  Payments to Health Care Trust Funds

       For payment to the Federal Hospital Insurance and the 
     Federal Supplementary Medical Insurance Trust Funds, as 
     provided under section 1844 of the Social Security Act, 
     sections 103(c) and 111(d) of the Social Security Amendments 
     of 1965, section 278(d) of Public Law 97-248, and for 
     administrative expenses incurred pursuant to section 201(g) 
     of the Social Security Act, $81,994,200,000.


                           Program Management

       For carrying out, except as otherwise provided, titles XI, 
     XVIII, XIX, and XXI of the Social Security Act, titles XIII 
     and XXVII of the Public Health Service Act, and the Clinical 
     Laboratory Improvement Amendments of 1988, not to exceed 
     $2,464,658,000, to be transferred from the Federal Hospital 
     Insurance and the Federal Supplementary Medical Insurance 
     Trust Funds, as authorized by section 201(g) of the Social 
     Security Act; together with all funds collected in accordance 
     with section 353 of the Public Health Service Act, section 
     1857(e)(2) of the Social Security Act, and such sums as may 
     be collected from authorized user fees and the sale of data, 
     which shall remain available until expended, and together 
     with administrative fees collected relative to Medicare 
     overpayment recovery activities, which shall remain available 
     until expended: Provided, That all funds derived in 
     accordance with 31 U.S.C. 9701 from organizations established 
     under title XIII of the Public Health Service Act shall be 
     credited to and available for carrying out the purposes of 
     this appropriation: Provided further, That $18,200,000 
     appropriated under this heading for the managed care system 
     redesign shall remain available until expended: Provided 
     further, That the Secretary of Health and Human Services is 
     directed to collect fees in fiscal year 2002 from 
     Medicare+Choice organizations pursuant to section 1857(e)(2) 
     of the Social Security Act and from eligible organizations 
     with risk-sharing contracts under section 1876 of that Act 
     pursuant to section 1876(k)(4)(D) of that Act.


      Health Maintenance Organization Loan and Loan Guarantee Fund

       For carrying out subsections (d) and (e) of section 1308 of 
     the Public Health Service Act, any amounts received by the 
     Secretary in connection with loans and loan guarantees under 
     title XIII of the Public Health Service Act, to be available 
     without fiscal year limitation for the payment of outstanding 
     obligations. During fiscal year 2002, no commitments for 
     direct loans or loan guarantees shall be made.

[[Page S11463]]

                Administration for Children and Families


  Payments to States for Child Support Enforcement and Family Support 
                                Programs

       For making payments to States or other non-Federal entities 
     under titles I, IV-D, X, XI, XIV, and XVI of the Social 
     Security Act and the Act of July 5, 1960 (24 U.S.C. ch. 9), 
     $2,447,800,000, to remain available until expended; and for 
     such purposes for the first quarter of fiscal year 2003, 
     $1,100,000,000, to remain available until expended.
       For making payments to each State for carrying out the 
     program of Aid to Families with Dependent Children under 
     title IV-A of the Social Security Act before the effective 
     date of the program of Temporary Assistance to Needy Families 
     (TANF) with respect to such State, such sums as may be 
     necessary: Provided, That the sum of the amounts available to 
     a State with respect to expenditures under such title IV-A in 
     fiscal year 1997 under this appropriation and under such 
     title IV-A as amended by the Personal Responsibility and Work 
     Opportunity Reconciliation Act of 1996 shall not exceed the 
     limitations under section 116(b) of such Act.
       For making, after May 31 of the current fiscal year, 
     payments to States or other non-Federal entities under titles 
     I, IV-D, X, XI, XIV, and XVI of the Social Security Act and 
     the Act of July 5, 1960 (24 U.S.C. ch. 9), for the last 3 
     months of the current fiscal year for unanticipated costs, 
     incurred for the current fiscal year, such sums as may be 
     necessary.


                   Low Income Home Energy Assistance

       For making payments under title XXVI of the Omnibus Budget 
     Reconciliation Act of 1981, $1,700,000,000.
       For making payments under title XXVI of the Omnibus Budget 
     Reconciliation Act of 1981, $300,000,000: Provided, That 
     these funds are hereby designated by the Congress to be 
     emergency requirements pursuant to section 251(b)(2)(A) of 
     the Balanced Budget and Emergency Deficit Control Act of 
     1985: Provided further, That these funds shall be made 
     available only after submission to the Congress of an 
     official budget request by the President that includes 
     designation of the entire amount of the request as an 
     emergency requirement as defined in such Act.


                     Refugee and Entrant Assistance

       For making payments for refugee and entrant assistance 
     activities authorized by title IV of the Immigration and 
     Nationality Act and section 501 of the Refugee Education 
     Assistance Act of 1980 (Public Law 96-422), $435,224,000 to 
     remain available through September 30, 2004: Provided, That 
     up to $10,000,000 is available to carry out the Trafficking 
     Victims Protection Act of 2000.
       For carrying out section 5 of the Torture Victims Relief 
     Act of 1998 (Public Law 105-320), $10,000,000.


   Payments to States for the Child Care and Development Block Grant

       For carrying out sections 658A through 658R of the Omnibus 
     Budget Reconciliation Act of 1981 (The Child Care and 
     Development Block Grant Act of 1990), $2,000,000,000 shall be 
     used to supplement, not supplant state general revenue funds 
     for child care assistance for low-income families: Provided, 
     That $19,120,000 shall be available for child care resource 
     and referral and school-aged child care activities, of which 
     $1,000,000 shall be for the Child Care Aware toll free 
     hotline: Provided further, That, in addition to the amounts 
     required to be reserved by the States under section 658G, 
     $272,672,000 shall be reserved by the States for activities 
     authorized under section 658G, of which $100,000,000 shall be 
     for activities that improve the quality of infant and toddler 
     child care: Provided further, That $10,000,000 shall be for 
     use by the Secretary for child care research, demonstration, 
     and evaluation activities.


                      Social Services Block Grant

       For making grants to States pursuant to section 2002 of the 
     Social Security Act, $1,700,000,000: Provided, That 
     notwithstanding paragraph (B) of section 404(d)(2) of such 
     Act, the applicable percent specified under such subparagraph 
     for a State to carry out State programs pursuant to title XX 
     of such Act shall be 5.7 percent.


                Children and Families Services Programs

                        (including rescissions)

       For carrying out, except as otherwise provided, the Runaway 
     and Homeless Youth Act, the Developmental Disabilities 
     Assistance and Bill of Rights Act, the Head Start Act, the 
     Child Abuse Prevention and Treatment Act, sections 310 and 
     316 of the Family Violence Prevention and Services Act, as 
     amended, the Native American Programs Act of 1974, title II 
     of Public Law 95-266 (adoption opportunities), the Adoption 
     and Safe Families Act of 1997 (Public Law 105-89), sections 
     1201 and 1211 of the Children's Health Act of 2000, the 
     Abandoned Infants Assistance Act of 1988, the Early Learning 
     Opportunities Act, part B(1) of title IV and sections 413, 
     429A, 1110, and 1115 of the Social Security Act, and sections 
     40155, 40211, and 40241 of Public Law 103-322; for making 
     payments under the Community Services Block Grant Act, 
     section 473A of the Social Security Act, and title IV of 
     Public Law 105-285, and for necessary administrative expenses 
     to carry out said Acts and titles I, IV, X, XI, XIV, XVI, and 
     XX of the Social Security Act, the Act of July 5, 1960 (24 
     U.S.C. ch. 9), the Omnibus Budget Reconciliation Act of 1981, 
     title IV of the Immigration and Nationality Act, section 501 
     of the Refugee Education Assistance Act of 1980, section 5 of 
     the Torture Victims Relief Act of 1998 (Public Law 105-320), 
     sections 40155, 40211, and 40241 of Public Law 103-322, 
     sections 310 and 316 of the Family Violence Prevention and 
     Services Act, as amended, and section 126 and titles IV and V 
     of Public Law 100-485, $8,592,496,000, of which $43,000,000, 
     to remain available until September 30, 2003, shall be for 
     grants to States for adoption incentive payments, as 
     authorized by section 473A of title IV of the Social Security 
     Act (42 U.S.C. 670-679) and may be made for adoptions 
     completed in fiscal years 2000 and 2001; of which 
     $765,304,000 shall be for making payments under the Community 
     Services Block Grant Act; and of which $6,600,000,000 shall 
     be for making payments under the Head Start Act, of which 
     $1,400,000,000 shall become available October 1, 2002 and 
     remain available through September 30, 2003: Provided, That 
     to the extent Community Services Block Grant funds are 
     distributed as grant funds by a State to an eligible entity 
     as provided under the Act, and have not been expended by such 
     entity, they shall remain with such entity for carryover into 
     the next fiscal year for expenditure by such entity 
     consistent with program purposes: Provided further, That all 
     eligible entities currently in good standing in the Community 
     Services Block Grant program shall receive an increase in 
     funding proportionate to the increase provided in this Act 
     for the Community Services Block Grant: Provided further, 
     That $105,133,000 shall be for activities authorized by the 
     Runaway and Homeless Youth Act, notwithstanding the 
     allocation requirements of section 388(a) of such Act, of 
     which $33,000,000 is for Maternity Group Homes: Provided 
     further, That $89,000,000 is for a compassion capital fund to 
     provide grants to charitable organizations to emulate model 
     social service programs and to encourage research on the best 
     practices of social service organizations: Provided further, 
     That the Secretary shall establish procedures regarding the 
     disposition of intangible property which permits grant funds, 
     or intangible assets acquired with funds authorized under 
     section 680 of the Community Services Block Grant Act, as 
     amended, to become the sole property of such grantees after a 
     period of not more than 12 years after the end of the grant 
     for purposes and uses consistent with the original grant: 
     Provided further, That funds appropriated for section 
     680(a)(2) of the Community Services Block Grant Act, as 
     amended, shall be available for financing construction and 
     rehabilitation and loans or investments in private business 
     enterprises owned by community development corporations.
       Funds appropriated for fiscal year 2002 under section 
     429A(e), part B of title IV of the Social Security Act shall 
     be reduced by $6,000,000.
       Funds appropriated for fiscal year 2002 under section 
     413(h)(1) of the Social Security Act shall be reduced by 
     $15,000,000.


                   Promoting Safe and Stable Families

       For carrying out section 430 of the Social Security Act, 
     $305,000,000. In addition, for such purposes, $70,000,000 to 
     carry out such section.


       Payments to States for Foster Care and Adoption Assistance

       For making payments to States or other non-Federal entities 
     under title IV-E of the Social Security Act, $4,885,200,000.
       For making payments to States or other non-Federal entities 
     under title IV-E of the Social Security Act, for the first 
     quarter of fiscal year 2003, $1,754,000,000.

                        Administration on Aging


                        Aging Services Programs

       For carrying out, to the extent not otherwise provided, the 
     Older Americans Act of 1965, as amended, and section 398 of 
     the Public Health Service Act, $1,209,756,000, of which 
     $5,000,000 shall be available for activities regarding 
     medication management, screening, and education to prevent 
     incorrect medication and adverse drug reactions.

                        Office of the Secretary


                    General Departmental Management

       For necessary expenses, not otherwise provided, for general 
     departmental management, including hire of six sedans, and 
     for carrying out titles III, XVII, and XX of the Public 
     Health Service Act, and the United States-Mexico Border 
     Health Commission Act, $416,361,000, together with 
     $5,851,000, to be transferred and expended as authorized by 
     section 201(g)(1) of the Social Security Act from the 
     Hospital Insurance Trust Fund and the Supplemental Medical 
     Insurance Trust Fund: Provided, That of the funds made 
     available under this heading for carrying out title XX of the 
     Public Health Service Act, $11,885,000 shall be for 
     activities specified under section 2003(b)(2), of which 
     $10,157,000 shall be for prevention service demonstration 
     grants under section 510(b)(2) of title V of the Social 
     Security Act, as amended, without application of the 
     limitation of section 2010(c) of said title XX: Provided 
     further, That of this amount, $68,700,000 shall be available 
     to support activities to counter potential biological 
     disease, and chemical threats to civilian populations; 
     $50,000,000 is for minority AIDS prevention and treatment 
     activities; and $15,000,000 shall be for an Information 
     Technology Security and Innovation Fund for department-wide 
     activities involving cybersecurity, information technology 
     security, and related innovation projects.


                      Office of Inspector General

       For expenses necessary for the Office of Inspector General, 
     including the hire of passenger motor vehicles for 
     investigations, in carrying out the provisions of the 
     Inspector General Act of 1978, as amended, $35,786,000: 
     Provided, That of such amount, necessary sums are available 
     for providing protective services to the Secretary and 
     investigating non-payment of child support cases for which 
     non-payment is a Federal offense under 18 U.S.C. 228, each of 
     which activities is hereby authorized in this and subsequent 
     fiscal years.


                        office for civil rights

       For expenses necessary for the Office for Civil Rights, 
     $28,691,000, together with not to exceed $3,314,000, to be 
     transferred and expended as authorized by section 201(g)(1) 
     of the Social Security Act from the Hospital Insurance Trust

[[Page S11464]]

     Fund and the Supplemental Medical Insurance Trust Fund.


                            policy research

       For carrying out, to the extent not otherwise provided, 
     research studies under section 1110 of the Social Security 
     Act and title III of the Public Health Service Act, 
     $20,500,000.


     Retirement Pay and Medical Benefits for Commissioned Officers

       For retirement pay and medical benefits of Public Health 
     Service Commissioned Officers as authorized by law, for 
     payments under the Retired Serviceman's Family Protection 
     Plan and Survivor Benefit Plan, for medical care of 
     dependents and retired personnel under the Dependents' 
     Medical Care Act (10 U.S.C. ch. 55), and for payments 
     pursuant to section 229(b) of the Social Security Act (42 
     U.S.C. 429(b)), such amounts as may be required during the 
     current fiscal year.

                           GENERAL PROVISIONS

       Sec. 201. Funds appropriated in this title shall be 
     available for not to exceed $37,000 for official reception 
     and representation expenses when specifically approved by the 
     Secretary.
       Sec. 202. The Secretary shall make available through 
     assignment not more than 60 employees of the Public Health 
     Service to assist in child survival activities and to work in 
     AIDS programs through and with funds provided by the Agency 
     for International Development, the United Nations 
     International Children's Emergency Fund or the World Health 
     Organization.
       Sec. 203. None of the funds appropriated under this Act may 
     be used to implement section 399F(b) of the Public Health 
     Service Act or section 1503 of the National Institutes of 
     Health Revitalization Act of 1993, Public Law 103-43.
       Sec. 204. None of the funds appropriated in this Act for 
     the National Institutes of Health and the Substance Abuse and 
     Mental Health Services Administration shall be used to pay 
     the salary of an individual, through a grant or other 
     extramural mechanism, at a rate in excess of Executive Level 
     I.
       Sec. 205. None of the funds appropriated in this Act may be 
     expended pursuant to section 241 of the Public Health Service 
     Act, except for funds specifically provided for in this Act, 
     or for other taps and assessments made by any office located 
     in the Department of Health and Human Services, prior to the 
     Secretary's preparation and submission of a report to the 
     Committee on Appropriations of the Senate and of the House 
     detailing the planned uses of such funds.
       Sec. 206. Notwithstanding section 241(a) of the Public 
     Health Service Act, such portion as the Secretary shall 
     determine, but not more than 2 percent, of any amounts 
     appropriated for programs authorized under the PHS Act and 
     other Acts shall be made available for the evaluation 
     (directly, or by grants or contracts) of the implementation 
     and effectiveness of such programs.


                          (transfer of funds)

       Sec. 207. Not to exceed 1 percent of any discretionary 
     funds (pursuant to the Balanced Budget and Emergency Deficit 
     Control Act of 1985, as amended) which are appropriated for 
     the current fiscal year for the Department of Health and 
     Human Services in this Act may be transferred between 
     appropriations, but no such appropriation shall be increased 
     by more than 3 percent by any such transfer: Provided, That 
     the Appropriations Committees of both Houses of Congress are 
     notified at least 15 days in advance of any transfer.
       Sec. 208. The Director of the National Institutes of 
     Health, jointly with the Director of the Office of AIDS 
     Research, may transfer up to 3 percent among institutes, 
     centers, and divisions from the total amounts identified by 
     these two Directors as funding for research pertaining to the 
     human immunodeficiency virus: Provided, That the Congress is 
     promptly notified of the transfer.
       Sec. 209. Of the amounts made available in this Act for the 
     National Institutes of Health, the amount for research 
     related to the human immunodeficiency virus, as jointly 
     determined by the Director of the National Institutes of 
     Health and the Director of the Office of AIDS Research, shall 
     be made available to the ``Office of AIDS Research'' account. 
     The Director of the Office of AIDS Research shall transfer 
     from such account amounts necessary to carry out section 
     2353(d)(3) of the Public Health Service Act.
       Sec. 210. None of the funds appropriated in this Act may be 
     made available to any entity under title X of the Public 
     Health Service Act unless the applicant for the award 
     certifies to the Secretary that it encourages family 
     participation in the decision of minors to seek family 
     planning services and that it provides counseling to minors 
     on how to resist attempts to coerce minors into engaging in 
     sexual activities.
       Sec. 211. None of the funds appropriated by this Act 
     (including funds appropriated to any trust fund) may be used 
     to carry out the Medicare+Choice program if the Secretary 
     denies participation in such program to an otherwise eligible 
     entity (including a Provider Sponsored Organization) because 
     the entity informs the Secretary that it will not provide, 
     pay for, provide coverage of, or provide referrals for 
     abortions: Provided, That the Secretary shall make 
     appropriate prospective adjustments to the capitation payment 
     to such an entity (based on an actuarially sound estimate of 
     the expected costs of providing the service to such entity's 
     enrollees): Provided further, That nothing in this section 
     shall be construed to change the Medicare program's coverage 
     for such services and a Medicare+Choice organization 
     described in this section shall be responsible for informing 
     enrollees where to obtain information about all Medicare 
     covered services.
       Sec. 212. Notwithstanding any other provision of law, no 
     provider of services under title X of the Public Health 
     Service Act shall be exempt from any State law requiring 
     notification or the reporting of child abuse, child 
     molestation, sexual abuse, rape, or incest.
       Sec. 213. The Foreign Operations, Export Financing, and 
     Related Programs Appropriations Act, 1990 (Public Law 101-
     167) is amended--
       (1) in section 599D (8 U.S.C. 1157 note)--
       (A) in subsection (b)(3), by striking ``1997, 1998, 1999, 
     2000, and 2001'' and inserting ``1997, 1998, 1999, 2000, 
     2001, and 2002''; and
       (B) in subsection (e), by striking ``October 1, 2001'' each 
     place it appears and inserting ``October 1, 2002''; and
       (2) in section 599E (8 U.S.C. 1255 note) in subsection 
     (b)(2), by striking ``September 30, 2001'' and inserting 
     ``September 30, 2002''.
       Sec. 214. (a) Except as provided by subsection (e) none of 
     the funds appropriated by this Act may be used to withhold 
     substance abuse funding from a State pursuant to section 1926 
     of the Public Health Service Act (42 U.S.C. 300x-26) if such 
     State certifies to the Secretary of Health and Human Services 
     by May 1, 2002 that the State will commit additional State 
     funds, in accordance with subsection (b), to ensure 
     compliance with State laws prohibiting the sale of tobacco 
     products to individuals under 18 years of age.
       (b) The amount of funds to be committed by a State under 
     subsection (a) shall be equal to 1 percent of such State's 
     substance abuse block grant allocation for each percentage 
     point by which the State misses the retailer compliance rate 
     goal established by the Secretary of Health and Human 
     Services under section 1926 of such Act.
       (c) The State is to maintain State expenditures in fiscal 
     year 2002 for tobacco prevention programs and for compliance 
     activities at a level that is not less than the level of such 
     expenditures maintained by the State for fiscal year 2001, 
     and adding to that level the additional funds for tobacco 
     compliance activities required under subsection (a). The 
     State is to submit a report to the Secretary on all fiscal 
     year 2001 State expenditures and all fiscal year 2002 
     obligations for tobacco prevention and compliance activities 
     by program activity by July 31, 2002.
       (d) The Secretary shall exercise discretion in enforcing 
     the timing of the State obligation of the additional funds 
     required by the certification described in subsection (a) as 
     late as July 31, 2002.
       (e) None of the funds appropriated by this Act may be used 
     to withhold substance abuse funding pursuant to section 1926 
     from a territory that receives less than $1,000,000.
       Sec. 215. (a) In order for the Centers for Disease Control 
     and Prevention to carry out international health activities, 
     including HIV/AIDS and other infectious disease, chronic and 
     environmental disease, and other health activities abroad 
     during fiscal year 2002, the Secretary of Health and Human 
     Services is authorized to--
       (1) utilize the authorities contained in subsection 2(c) of 
     the State Department Basic Authorities Act of 1956, as 
     amended, and
       (2) utilize the authorities contained in 22 U.S.C. sections 
     291 and 292 and directly or through contract or cooperative 
     agreement to lease, alter or renovate facilities in foreign 
     countries, to carry out programs supported by this 
     appropriation notwithstanding PHS Act section 307.
       In exercising the authority set forth in (1) and (2), the 
     Secretary of Health and Human Services shall consult with the 
     Department of State to assure that planned activities are 
     within the legal strictures of the State Department Basic 
     Authorities Act of 1956, as amended, and other applicable 
     parts of U.S.C. Title 22.
       Sec. 216. Notwithstanding any other provision of law 
     relating to vacancies in offices for which appointments must 
     be made by the President, including any time limitation on 
     serving in an acting capacity, the Acting Director of the 
     National Institutes of Health as of January 12, 2000, may 
     serve in that position until a new Director of the National 
     Institutes of Health is confirmed by the Senate.
       Sec. 217. The following amounts, appropriated in this 
     title, shall be transferred to International Assistance 
     Programs, ``Global Fund to Fight HIV/AIDS, Malaria, and 
     Tuberculosis'', to remain available until expended: from 
     National Institutes of Health, ``National Institute of 
     Allergy and Infectious Diseases'', $25,000,000; from National 
     Institutes of Health, ``Buildings and Facilities'', 
     $70,000,000; and from Departmental Management, ``General 
     Departmental Management'', $5,000,000.
       Sec. 218. Of the funds provided to the Office of the 
     General Counsel, not less than $500,000 shall be used to 
     provide legal support for enforcement of the labeling 
     provisions of the Dietary Supplement Health and Education Act 
     of 1994.
       Sec. 219. Expressing the Sense of the Senate That the 
     Department of Health and Human Services Publish a Notice 
     Regarding Good Manufacturing Practices for Dietary 
     Supplements. (a) Findings.--
       (1) Over 100,000,000 Americans regularly use dietary 
     supplements to maintain and improve their health status.
       (2) Congress has established a strong regulatory framework 
     to ensure that consumers have access to safe dietary 
     supplement products and information about those products.
       (3) Good Manufacturing Practice (GMP) regulations are the 
     primary enforcement tool whereby government inspectors ensure 
     that all food products (including dietary supplements) are 
     manufactured according to rigorous quality control standards, 
     including appropriate labeling, sanitation, purity and 
     records-keeping.
       (4) The Dietary Supplement Health and Education Act of 1994 
     authorized development of Good Manufacturing Practice 
     guidelines for dietary supplements.
       (5) The Good Manufacturing practice guidelines will be 
     instrumental in assuring the American public that dietary 
     supplements are properly manufactured and labeled.

[[Page S11465]]

       (6) Those guidelines have been in development by the 
     Department of Health and Human Services, its operating 
     divisions, and the Office of Management and Budget for over 5 
     years.
       (b) Sense of the Senate.--The Senate expresses a sense of 
     the Senate that the Department of Health and Human Services 
     or its operating divisions publish a Notice of Proposed 
     Rulemaking with respect to Good Manufacturing Practices for 
     dietary supplements within 15 days of enactment of this Act.
       Sec. 220. (a) Findings.--Congress finds that--
       (1) according to the Centers for Disease Control and 
     Prevention, over 765,000 people in the United States have 
     been diagnosed with the virus that causes AIDS since 1981, 
     and over 442,000 deaths have occurred in the United States as 
     a result of the disease; and
       (2) Federal AIDS prevention funds should be used to provide 
     resources, training, technical assistance, and infrastructure 
     to national, regional, and community-based organizations 
     working to educate the public on the virus that causes AIDS 
     and stopping the spread of the disease.
       (b) Report.--Not later than 6 months after the date of 
     enactment of this Act, the Inspector General of the 
     Department of Health and Human Services shall conduct an 
     audit of all Federal amounts allocated for AIDS prevention 
     programs and report to Congress with their findings.
       Sec. 221. It is the sense of the Senate that the Secretary 
     of Health and Human Services should fund and reimburse 
     hospitals and medical facilities in States that have tested 
     and treated Federal workers that have been exposed to 
     anthrax, and continue to test and treat Federal workers that 
     have been determined by the Centers for Disease Control and 
     Prevention as at risk for exposure to anthrax.
       Sec. 222. It is the sense of the Senate that the Secretary 
     of Health and Human Services should ensure that each contract 
     entered into between a State and an entity (including a 
     health insuring organization and a medicaid managed care 
     organization) that is responsible for the provision (directly 
     or through arrangements with providers of services) of 
     medical assistance under a State medicaid plan should provide 
     for--
       (1) compliance with mandatory blood lead screening 
     requirements that are consistent with prevailing guidelines 
     of the Centers for Disease Control and Prevention for such 
     screening; and
       (2) coverage of lead treatment services including 
     diagnosis, treatment, and follow-up furnished for children 
     with elevated blood lead levels in accordance with prevailing 
     guidelines of the Centers for Disease Control and Prevention.
       Sec. 223. It is the sense of the Senate that States should 
     be authorized to use funds provided under the State 
     children's health insurance program under title XXI of the 
     Social Security Act to--
       (1) comply with mandatory blood lead screening requirements 
     that are consistent with prevailing guidelines of the Centers 
     for Disease Control and Prevention for such screening; and
       (2) provide coverage of lead treatment services including 
     diagnosis, treatment, and follow-up furnished for children 
     with elevated blood lead levels in accordance with prevailing 
     guidelines of the Centers for Disease Control and Prevention.
       Sec. 224. It is the sense of the Senate that the Secretary 
     of Health and Human Services should establish a program to 
     improve the blood lead screening rates of States for children 
     under the age of 3 enrolled in the medicaid program under 
     which, using State-specific blood lead screening data, the 
     Secretary would annually pay a State an amount to be 
     determined:
       (1) For each 2 year-old child enrolled in the medicaid 
     program in the State who has received the minimum required 
     (for that age) screening blood lead level tests (capillary or 
     venous samples) to determine the presence of elevated blood 
     lead levels, as established by the Centers for Disease 
     Control and Prevention.
       (2) For each such child who has received such minimum 
     required tests.
       Sec.  225. For the Health Resources and Services 
     Administration, $5,000,000 for grants for education, 
     prevention, and early detection of radiogenic cancers and 
     diseases under section 417C of the Public Health Service Act 
     (42 U.S.C. 285a-9) (as amended by the Radiation Exposure 
     Compensation Act Amendments of 2000), of which $1,000,000 
     shall be available to enter into a contract with the National 
     Research Council under which the Council shall--
       (1) review the most recent scientific information related 
     to radiation exposure and associated cancers or other 
     diseases;
       (2) make recommendations to--
       (A) reduce the length of radiation exposure requirements 
     for any compensable illnesses under the Radiation Exposure 
     Compensation Act (42 U.S.C. 2210 note); and
       (B) include additional illnesses, geographic areas, or 
     classes of individuals with the scope of compensation of such 
     Act; and
       (3) not later than June 30, 2003, prepare and submit to the 
     Committee on Appropriations, Committee on Health, Education, 
     Labor, and Pensions, and Committee on the Judiciary of the 
     Senate and the Committee on Appropriations, Committee on 
     Energy and Commerce, and Committee on the Judiciary of the 
     House of Representatives, a report describing the findings 
     made by the Council under paragraphs (1) and (2).
       Sec. 226. Effective upon the date of enactment of this Act, 
     $200,000,000 of the amount appropriated under section 
     403(a)(4)(F) of the Social Security Act (42 U.S.C. 
     603(a)(4)(F)) is rescinded.
       Sec. 227. It is the sense of the Senate that--
       (1) the Secretary of Health and Human Services, acting 
     through the Director of NIH and the Director of the National 
     Institute of Mental Health (in this section referred to as 
     the ``Institute''), should expand and intensify research and 
     related activities of the Institute with respect to post-
     abortion depression and post-abortion psychosis (in this 
     section referred to as ``post-abortion conditions'');
       (2) the Director of the Institute should coordinate the 
     activities of the Director under paragraph (1) with similar 
     activities conducted by the other national research 
     institutes and agencies of the National Institutes of Health 
     to the extent that such Institutes and agencies have 
     responsibilities that are related to post-abortion 
     conditions;
       (3) in carrying out paragraph (1)--
       (A) the Director of the Institute should conduct or support 
     research to expand the understanding of the causes of, and to 
     find a cure for, post-abortion conditions; and
       (B) activities under such paragraph should include 
     conducting and supporting the following:
       (i) basic research concerning the etiology and causes of 
     the conditions;
       (ii) epidemiological studies to address the frequency and 
     natural history of the conditions and the differences among 
     racial and ethnic groups with respect to the conditions;
       (iii) the development of improved diagnostic techniques;
       (iv) clinical research for the development and evaluation 
     of new treatments, including new biological agents; and
       (v) information and education programs for health care 
     professionals and the public; and
       (4)(A) the Director of the Institute should conduct a 
     national longitudinal study to determine the incidence and 
     prevalence of cases of post-abortion conditions, and the 
     symptoms, severity, and duration of such cases, toward the 
     goal of more fully identifying the characteristics of such 
     cases and developing diagnostic techniques; and
       (B) beginning not later than 3 years after the date of the 
     enactment of this Act, and periodically thereafter for the 
     duration of the study under subparagraph (A), the Director of 
     the Institute should prepare and submit to the Congress 
     reports on the findings of the study.
       Sec. 228. Section 582 of the Public Health Service Act (42 
     U.S.C. 290hh-1(f)) is amended by adding at the end the 
     following:
       ``(g) Short Title.--This section may be cited as the 
     `Donald J. Cohen National Child Traumatic Stress 
     Initiative'.''.
       This title may be cited as the ``Department of Health and 
     Human Services Appropriations Act, 2002''.

                   TITLE III--DEPARTMENT OF EDUCATION


                    Education for the Disadvantaged

       For carrying out title I of the Elementary and Secondary 
     Education Act of 1965 as amended by H.R. 1 as passed by the 
     Senate on June 14, 2001 (``ESEA''); the McKinney-Vento 
     Homeless Assistance Act; and section 418A of the Higher 
     Education Act of 1965, $11,912,900,000, of which 
     $4,129,200,000, shall become available on July 1, 2002, and 
     shall remain available through September 30, 2003, and of 
     which $6,953,300,000 shall become available on October 1, 
     2002, and shall remain available through September 30, 2003, 
     for academic year 2002-2003: Provided, That $7,172,690,000 
     shall be available for basic grants under section 1124: 
     Provided further, That up to $3,500,000 of these funds shall 
     be available to the Secretary of Education on October 1, 
     2001, to obtain updated educational-agency-level census 
     poverty data from the Bureau of the Census: Provided further, 
     That $1,365,031,000 shall be available for concentration 
     grants under section 1124A: Provided further, That 
     $1,000,000,000 shall be available for targeted grants under 
     section 1125: Provided further, That $649,979,000 shall be 
     available for education finance incentive grants under 
     section 1125A: Provided further, That grant awards under 
     sections 1124 and 1124A of title I of the ESEA shall be not 
     less than 95 percent of the amount each State and local 
     educational agency received under this authority for fiscal 
     year 2001: Provided further, That notwithstanding any other 
     provision of law, grant awards under section 1124A of title I 
     of the ESEA shall be made to those local educational agencies 
     that received a concentration grant under the Department of 
     Education Appropriations Act, 2001, but are not eligible to 
     receive such a grant for fiscal year 2002.


                               Impact Aid

       For carrying out programs of financial assistance to 
     federally affected schools authorized by title VI of the 
     Elementary and Secondary Education Act of 1965, as 
     redesignated and amended by H.R. 1 of the 107th Congress, as 
     passed by the House of Representatives on May 23, 2001, 
     $1,130,500,000, of which $982,500,000 shall be for basic 
     support payments under section 8003(b), $50,000,000 shall be 
     for payments for children with disabilities under section 
     8003(d), $35,000,000 shall be for construction under section 
     8007, $55,000,000 shall be for Federal property payments 
     under section 8002, and $8,000,000, to remain available until 
     expended, shall be for facilities maintenance under section 
     8008.


                      School Improvement Programs

       For carrying out school improvement activities authorized 
     by sections 1117A and 1229 and subpart 1 of part F of title I 
     and titles II, IV, V, VI, parts B and C of title VII, and 
     title XI of the Elementary and Secondary Education Act of 
     1965, as amended by H.R. 1 as passed by the Senate on June 
     14, 2001 (``ESEA''); and the Civil Rights Act of 1964; 
     $8,723,014,000, of which $1,165,750,000 shall become 
     available on July 1, 2002, and remain available through 
     September 30, 2003, and of which $1,765,000,000 shall become 
     available on October 1, 2002, and shall remain available 
     through September 30, 2003, for academic year 2002-2003: 
     Provided, That $28,000,000 shall be for part A of title XIII 
     of the ESEA as in effect prior to Senate passage of H.R. 1 to 
     continue the operation of the current

[[Page S11466]]

     Comprehensive Regional Assistance Centers: Provided further, 
     That of the amount made available for subpart 4 of part B of 
     title V of the ESEA, $925,000,000 shall be available, 
     notwithstanding any other provision of law, to State 
     educational agencies and outlying areas under the terms and 
     conditions set forth in section 305 of this Act for grants 
     for school repair and renovation: Provided further, That 
     funds made available to local education agencies under 
     subpart B of part F of title XI shall be used for activities 
     related to the redesign of large high schools: Provided 
     further, That of the funds appropriated for part F of title 
     XI, $15,000,000 shall be available for dropout prevention 
     programs under part H of title I and $100,000,000 shall be 
     available under part C of title IX to enable the Secretary of 
     Education to award grants to develop, implement, and 
     strengthen programs to teach American history (not social 
     studies) as a separate subject within school curricula: 
     Provided further, That of the funds made available to carry 
     out subpart 2 of part A of title IV of the Elementary and 
     Secondary Education Act of 1965, as amended by H.R. 1 as 
     passed by the Senate on June 14, 2001, $9,000,000 shall be 
     made available to enable the Secretary of Education to award 
     grants to enable local educational agencies to address the 
     needs of children affected by terrorist attacks, times of war 
     or other major violent or traumatic crises, including 
     providing mental health services to such children, and 
     $1,000,000 shall be made available to enable the Secretary of 
     Education, in consultation with the Secretary of Health and 
     Human Services, to develop recommendations and models to 
     assist communities in developing evacuation and parental 
     notification plans for schools and other community facilities 
     where children gather: Provided further, That $2,500,000 
     shall be available to carry out part E of title II, including 
     administrative expenses associated with such part.


                            Indian Education

       For expenses necessary to carry out, to the extent not 
     otherwise provided, title VII, part A of the Elementary and 
     Secondary Education Act of 1965, as amended by H.R. 1 as 
     passed by the Senate on June 14, 2001, $117,000,000.


                   Bilingual and Immigrant Education

       For section 3202 of part B and section D of title III of 
     the Elementary and Secondary Education Act of 1965, as 
     amended by H.R. 1 as passed by the Senate on June 14, 2001, 
     $616,000,000.


                           Special Education

       For carrying out the Individuals with Disabilities 
     Education Act, $8,439,643,000, of which $3,090,452,000 shall 
     become available for obligation on July 1, 2002, and shall 
     remain available through September 30, 2003, and of which 
     $5,072,000,000 shall become available on October 1, 2002, and 
     shall remain available through September 30, 2003, for 
     academic year 2002-2003: Provided, That $9,500,000 shall be 
     for Recording for the Blind and Dyslexic to support the 
     development, production, and circulation of recorded 
     educational materials: Provided further, That $1,500,000 
     shall be for the recipient of funds provided by Public Law 
     105-78 under section 687(b)(2)(G) of the Act to provide 
     information on diagnosis, intervention, and teaching 
     strategies for children with disabilities: Provided further, 
     That the amount for section 611(c) of the Act shall be equal 
     to the amount available for that section under Public Law 
     106-554, increased by the amount of inflation as specified in 
     section 611(f)(1)(B)(ii) of the Act.


            Rehabilitation Services and Disability Research

       For carrying out, to the extent not otherwise provided, the 
     Rehabilitation Act of 1973, the Assistive Technology Act of 
     1998, and the Helen Keller National Center Act, 
     $2,932,617,000, of which $60,000,000 shall remain available 
     through September 30, 2003: Provided, That the funds provided 
     for Title I of the Assistive Technology Act of 1998 (the AT 
     Act) shall be allocated notwithstanding section 105(b)(1) of 
     the AT Act: Provided further, That section 101(f) of the AT 
     Act shall not limit the award of an extension grant to three 
     years: Provided further, That each State shall be provided a 
     minimum of $500,000 and each outlying area $150,000 for 
     activities under section 101 of the AT Act and each State 
     shall be provided a minimum of $100,000 and each outlying 
     area $50,000 for activities under section 102 of the Act: 
     Provided further, That if the funds appropriated for Title I 
     of the AT Act are less than required to fund these minimum 
     allotments, grants provided under sections 101 and 102 of the 
     AT Act shall be the same as their fiscal year 2001 amounts 
     and any amounts in excess of these minimum requirements shall 
     be allocated proportionally to achieve the prescribed 
     minimums: Provided further, That $26,884,000 shall be used to 
     support grants for up to three years to States under title 
     III of the AT Act, of which the Federal share shall not 
     exceed 75 percent in the first year, 50 percent in the second 
     year, and 25 percent in the third year, and that the 
     requirements in section 301(c)(2) and section 302 of that Act 
     shall not apply to such grants.

           Special Institutions for Persons With Disabilities


                 american printing house for the blind

       For carrying out the Act of March 3, 1879, as amended (20 
     U.S.C. 101 et seq.), $14,000,000.


               national technical institute for the deaf

       For the National Technical Institute for the Deaf under 
     titles I and II of the Education of the Deaf Act of 1986 (20 
     U.S.C. 4301 et seq.), $54,976,000, of which $5,376,000 shall 
     be for construction and shall remain available until 
     expended: Provided, That from the total amount available, the 
     Institute may at its discretion use funds for the endowment 
     program as authorized under section 207.


                          gallaudet university

       For the Kendall Demonstration Elementary School, the Model 
     Secondary School for the Deaf, and the partial support of 
     Gallaudet University under titles I and II of the Education 
     of the Deaf Act of 1986 (20 U.S.C. 4301 et seq.), 
     $97,000,000: Provided, That from the total amount available, 
     the University may at its discretion use funds for the 
     endowment program as authorized under section 207.


                     Vocational and Adult Education

       For carrying out, to the extent not otherwise provided, the 
     Carl D. Perkins Vocational and Technical Education Act, the 
     Adult Education and Family Literacy Act, and title VIII-D of 
     the Higher Education Act of 1965, as amended, and Public Law 
     102-73, $1,818,060,000, of which $1,020,060,000 shall become 
     available on July 1, 2002 and shall remain available through 
     September 30, 2003 and of which $791,000,000 shall become 
     available on October 1, 2002 and shall remain available 
     through September 30, 2003: Provided, That of the amounts 
     made available for the Carl D. Perkins Vocational and 
     Technical Education Act, $7,000,000 shall be for tribally 
     controlled postsecondary vocational and technical 
     institutions under section 117: Provided further, That 
     $10,000,000 shall be for carrying out section 118 of such 
     Act: Provided further, That of the amounts made available for 
     the Carl D. Perkins Vocational and Technical Education Act, 
     $5,000,000 shall be for demonstration activities authorized 
     by section 207: Provided further, That of the amount provided 
     for Adult Education State Grants, $70,000,000 shall be made 
     available for integrated English literacy and civics 
     education services to immigrants and other limited English 
     proficient populations: Provided further, That of the amount 
     reserved for integrated English literacy and civics 
     education, notwithstanding section 211 of the Adult Education 
     and Family Literacy Act, 65 percent shall be allocated to 
     States based on a State's absolute need as determined by 
     calculating each State's share of a 10-year average of the 
     Immigration and Naturalization Service data for immigrants 
     admitted for legal permanent residence for the 10 most recent 
     years, and 35 percent allocated to States that experienced 
     growth as measured by the average of the 3 most recent years 
     for which Immigration and Naturalization Service data for 
     immigrants admitted for legal permanent residence are 
     available, except that no State shall be allocated an amount 
     less than $60,000: Provided further, That of the amounts made 
     available for the Adult Education and Family Literacy Act, 
     $9,500,000 shall be for national leadership activities under 
     section 243 and $6,560,000 shall be for the National 
     Institute for Literacy under section 242: Provided further, 
     That $22,000,000 shall be for Youth Offender Grants, of which 
     $5,000,000 shall be used in accordance with section 601 of 
     Public Law 102-73 as that section was in effect prior to the 
     enactment of Public Law 105-220: Provided further, That of 
     the amounts made available for title I of the Perkins Act, 
     the Secretary may reserve up to 0.54 percent for incentive 
     grants under section 503 of the Workforce Investment Act, 
     without regard to section 111(a)(1)(C) of the Perkins Act: 
     Provided further, That of the amounts made available for the 
     Adult Education and Family Literacy Act, the Secretary may 
     reserve up to 1.72 percent for incentive grants under section 
     503 of the Workforce Investment Act, without regard to 
     section 211(a)(3) of the Adult Education and Family Literacy 
     Act.


                      Student Financial Assistance

       For carrying out subparts 1, 3 and 4 of part A, section 
     428K, part C and part E of title IV of the Higher Education 
     Act of 1965, as amended, $12,284,100,000, which shall remain 
     available through September 30, 2003.
       The maximum Pell Grant for which a student shall be 
     eligible during award year 2002-2003 shall be $4,000: 
     Provided, That notwithstanding section 401(g) of the Act, if 
     the Secretary determines, prior to publication of the payment 
     schedule for such award year, that the amount included within 
     this appropriation for Pell Grant awards in such award year, 
     and any funds available from the fiscal year 2001 
     appropriation for Pell Grant awards, are insufficient to 
     satisfy fully all such awards for which students are 
     eligible, as calculated under section 401(b) of the Act, the 
     amount paid for each such award shall be reduced by either a 
     fixed or variable percentage, or by a fixed dollar amount, as 
     determined in accordance with a schedule of reductions 
     established by the Secretary for this purpose.


             Federal Family Education Loan Program Account

       For Federal administrative expenses to carry out guaranteed 
     student loans authorized by title IV, part B, of the Higher 
     Education Act of 1965, as amended, $49,636,000.


                            Higher Education

       For carrying out, to the extent not otherwise provided, 
     section 121 and titles II, III, IV, V, VI, and VII of the 
     Higher Education Act of 1965, as amended, title VIII of the 
     Higher Education Amendments of 1998, and the Mutual 
     Educational and Cultural Exchange Act of 1961, 
     $1,826,223,000, of which $5,000,000 for interest subsidies 
     authorized by section 121 of the Higher Education Act of 
     1965, shall remain available until expended: Provided, That 
     $10,000,000, to remain available through September 30, 2003, 
     shall be available to fund fellowships for academic year 
     2003-2004 under part A, subpart 1 of title VII of said Act, 
     under the terms and conditions of part A, subpart 1: Provided 
     further, That $1,500,000 is for data collection and 
     evaluation activities for programs under the Higher Education 
     Act of 1965, including such activities needed to comply with 
     the Government Performance and Results Act of 1993: Provided 
     further, That $18,000,000 shall be available for tribally 
     controlled colleges and universities under section 316 of the 
     Higher Education Act of 1965, of

[[Page S11467]]

     which $6,000,000 shall be used for construction and 
     renovation: Provided further, That the funds provided for 
     title II of the Higher Education Act of 1965 shall be 
     allocated notwithstanding section 210 of the Higher Education 
     Act of 1965: Provided further, That funds for part B of title 
     VII of the Higher Education Act of 1965 may be used, at the 
     discretion of the Secretary of Education, to fund 
     continuation awards under title IV, part A, subpart 8 of such 
     Act.


                           Howard University

       For partial support of Howard University (20 U.S.C. 121 et 
     seq.), $232,474,000, of which not less than $3,600,000 shall 
     be for a matching endowment grant pursuant to the Howard 
     University Endowment Act (Public Law 98-480) and shall remain 
     available until expended.


         College Housing and Academic Facilities Loans Program

       For Federal administrative expenses authorized under 
     section 121 of the Higher Education Act of 1965, $762,000 to 
     carry out activities related to existing facility loans 
     entered into under the Higher Education Act of 1965.


  Historically Black College and University Capital Financing Program 
                                Account

       The total amount of bonds insured pursuant to section 344 
     of title III, part D of the Higher Education Act of 1965 
     shall not exceed $357,000,000, and the cost, as defined in 
     section 502 of the Congressional Budget Act of 1974, of such 
     bonds shall not exceed zero.
       For administrative expenses to carry out the Historically 
     Black College and University Capital Financing Program 
     entered into pursuant to title III, part D of the Higher 
     Education Act of 1965, as amended, $208,000.


             Education Research, Statistics, and Assessment

       For carrying out activities authorized by the Educational 
     Research, Development, Dissemination, and Improvement Act of 
     1994, including part E; the National Education Statistics Act 
     of 1994, including sections 411 and 412; and parts B, D, and 
     E of title XI of the Elementary and Secondary Education Act 
     as amended by H.R. 1 as passed by the Senate on June 14, 2001 
     (ESEA), $431,567,000: Provided, That $53,000,000 of the 
     amount available for the national education research 
     institutes shall be allocated notwithstanding section 
     912(m)(1)(B-F) and subparagraphs (B) and (C) of section 
     931(c)(2) of Public Law 103-227: Provided further, That funds 
     appropriated to support activities conducted under section 
     411 of the National Education Statistics Act of 1994 may be 
     used to pay for the administration of State assessment: 
     Provided further, That of the funds appropriated under 
     section 11305 of part D of title XI of the ESEA, $1,500,000 
     shall be used to conduct a violence prevention demonstration 
     program and $500,000 to conduct a native American civic 
     education initiative: Provided further, That $12,000,000 of 
     the funds appropriated under part D of title XI shall be used 
     to support activities conducted under section 11306, 
     consistent with the distribution specified under section 
     11304(2)(b).

                        Departmental Management


                         Program Administration

       For carrying out, to the extent not otherwise provided, the 
     Department of Education Organization Act, including rental of 
     conference rooms in the District of Columbia and hire of two 
     passenger motor vehicles, $424,212,000.


                        Office for Civil Rights

       For expenses necessary for the Office for Civil Rights, as 
     authorized by section 203 of the Department of Education 
     Organization Act, $79,934,000.


                    Office of the Inspector General

       For expenses necessary for the Office of the Inspector 
     General, as authorized by section 212 of the Department of 
     Education Organization Act, $38,720,000.

                           GENERAL PROVISIONS

       Sec. 301. No funds appropriated in this Act may be used for 
     the transportation of students or teachers (or for the 
     purchase of equipment for such transportation) in order to 
     overcome racial imbalance in any school or school system, or 
     for the transportation of students or teachers (or for the 
     purchase of equipment for such transportation) in order to 
     carry out a plan of racial desegregation of any school or 
     school system.
       Sec. 302. None of the funds contained in this Act shall be 
     used to require, directly or indirectly, the transportation 
     of any student to a school other than the school which is 
     nearest the student's home, except for a student requiring 
     special education, to the school offering such special 
     education, in order to comply with title VI of the Civil 
     Rights Act of 1964. For the purpose of this section an 
     indirect requirement of transportation of students includes 
     the transportation of students to carry out a plan involving 
     the reorganization of the grade structure of schools, the 
     pairing of schools, or the clustering of schools, or any 
     combination of grade restructuring, pairing or clustering. 
     The prohibition described in this section does not include 
     the establishment of magnet schools.
       Sec. 303. No funds appropriated under this Act may be used 
     to prevent the implementation of programs of voluntary prayer 
     and meditation in the public schools.


                          (transfer of funds)

       Sec. 304. Not to exceed 1 percent of any discretionary 
     funds (pursuant to the Balanced Budget and Emergency Deficit 
     Control Act of 1985, as amended) which are appropriated for 
     the Department of Education in this Act may be transferred 
     between appropriations, but no such appropriation shall be 
     increased by more than 3 percent by any such transfer: 
     Provided, That the Appropriations Committees of both Houses 
     of Congress are notified at least 15 days in advance of any 
     transfer.
       Sec. 305. (a) From the amount made available for urgent 
     school renovation grants under the heading ``School 
     Improvement Programs'' in accordance with this section, the 
     Secretary of Education shall provide grants to the State and 
     outlying area entities responsible for the financing of 
     education facilities (hereinafter in this section referred to 
     as the ``State entity''), on the basis of the same percentage 
     as the State educational agency received of the funds 
     allocated to States and outlying areas through the Department 
     of Education Appropriations Act, 2001 for carrying out part 
     A, title I of the Elementary and Secondary Education Act of 
     1965, for awarding grants in accordance with subsection (b) 
     to local educational agencies to enable them to make urgent 
     repairs and renovations to public school facilities.
       (b)(1) A State entity shall award urgent school renovation 
     grants to local educational agencies under this section on a 
     competitive basis that includes consideration of each local 
     educational agency applicant's--
       (A) relative percentage of children from low-income 
     families;
       (B) need for school repairs and renovations;
       (C) fiscal capacity; and
       (D) plans to maintain the facilities repaired or renovated 
     under the grant.
       (2) The Federal share of the cost of each project assisted 
     by funds made available under subsection (a)(2) shall be 
     determined based on the percentage of the local educational 
     agency's attendance that is comprised of children 5 to 17 
     years of age, inclusive, who are from families with incomes 
     below the poverty line (as defined by the Office of 
     Management and Budget and revised annually in accordance with 
     section 673(2) of the Community Services Block Grant Act (42 
     U.S.C. 9902(2)) applicable to a family of the size involved 
     for the most recent fiscal year for which data satisfactory 
     to the Secretary are available:

                                                       Then the Federal
If the percentage is:                                   share shall be:
  40 percent or greater.....................................100 percent
  30-39.99 percent...........................................90 percent
  20-29.99 percent...........................................80 percent
  10-19.99 percent...........................................70 percent
  less than 10 percent......................................60 percent.
       (3) If, after providing an opportunity to the public and 
     all local educational agencies in the State to comment, 
     consistent with any applicable State and local law specifying 
     how the comments may be received and how the comments may be 
     reviewed by any member of the public, the State entity 
     demonstrates that the amount of the State's allocation 
     exceeds the amount needed to address the needs of the local 
     educational agencies in the State for school repair and 
     renovation under this section--
       (A) the State entity shall transfer any excess portion of 
     that allocation to the State educational agency; and
       (B) the State educational agency shall allocate 100 percent 
     of those excess funds received under subsection (a) in 
     accordance with section 5312 of the Elementary and Secondary 
     Education Act of 1965 as amended by H.R. 1 as passed the 
     Senate on June 14, 2001 for activities authorized under 
     section 5331 of the Elementary and Secondary Education Act of 
     1965 as amended by H.R. 1 as passed the Senate on June 14, 
     2001 to be determined by each such local educational agency 
     as part of a local strategy for improving academic 
     achievement.
       (c) If a local educational agency uses funds for urgent 
     school renovation, then the following provisions shall 
     apply--
       (1) Urgent school renovation shall be limited to one or 
     more of the following--
       (A) school facilities modifications necessary to render 
     school facilities accessible in order to comply with the 
     Americans With Disabilities Act;
       (B) school facilities modifications necessary to render 
     school facilities accessible in order to comply with section 
     504 of the Rehabilitation Act;
       (C) asbestos abatement or removal from school facilities;
       (D) emergency renovations or repairs to the school 
     facilities only to ensure the health and safety of students 
     and staff; and
       (E) security upgrades.
       (2) no funds received under this section for urgent school 
     renovation may be used for--
       (A) payment of maintenance costs in connection with any 
     projects constructed in whole or part with Federal funds 
     provided under this section; or
       (B) stadiums or other facilities primarily used for 
     athletic contests or exhibitions or other events for which 
     admission is charged to the general public.
       Sec. 306. (a) Findings.--Congress makes the following 
     findings:
       (1) The number of students applying for loans and claiming 
     to attend foreign institutions has risen from 4,594 students 
     in 1993 to over 12,000 students in the 1998-1999 school year.
       (2) Since 1995 there have been at least 25 convictions of 
     students who fraudulently claimed they were attending a 
     foreign institution, then cashed the check issued directly to 
     them, and did not attend the foreign institution.
       (3) Tighter disbursement controls are necessary to reduce 
     the number of students fraudulently applying for loans under 
     title IV of the Higher Education Act of 1965 and claiming 
     they are going to attend foreign institutions. Funds should 
     not be disbursed for attendance at a foreign institution 
     unless the foreign institution can verify that the student is 
     attending the institution.
       (b) Study and Report.--
       (1) Study.--The Comptroller General shall conduct a study 
     regarding--
       (A) Federal student loan disbursements to students 
     attending foreign schools; and
       (B) fraud, waste, and abuse in the Federal Family Education 
     Loan Program as the fraud,

[[Page S11468]]

     waste, and abuse relates to students receiving funding in 
     order to attend a foreign school.
       (2) Report.--The Comptroller General shall report to 
     Congress regarding the results of the study.
       (3) Report Contents.--The report described in paragraph (2) 
     shall--
       (A) include information on whether or not there are 
     standards that a foreign school must meet for an American 
     student to attend and receive a federally guaranteed student 
     loan;
       (B) compare the oversight controls for loans dispensed to 
     students attending foreign schools and domestic institutions;
       (C) examine the default rates at foreign schools that 
     enroll American students receiving federally guaranteed 
     student loans and determine the number of students that are 
     receiving loans in multiple years; and
       (D) make recommendations for legislative changes that are 
     required to ensure the integrity of the Federal Family 
     Education Loan Program.
       Sec. 307. The requirement of section 415C(b)(8) of the 
     Higher Education Act of 1965 (20 U.S.C. 1070c-2(b)(8)) shall 
     not apply to a State program during fiscal year 2001 and the 
     State expenditures under the State program for fiscal year 
     2001 shall be disregarded in calculating the maintenance of 
     effort requirement under that section for each of the fiscal 
     years 2002 through 2004, if the State demonstrates, to the 
     satisfaction of the Secretary of Education, that it--
       (1) allocated all of the funds that the State appropriated 
     in fiscal year 2001 for need-based scholarship, grant, and 
     work study assistance to the programs described in subpart 4 
     of part A of title IV of the Higher Education Act of 1965 (20 
     U.S.C. 1070c et seq.); and
       (2) did not participate in the program described in section 
     415E of the Higher Education Act of 1965 (20 U.S.C. 1070c-3a) 
     in fiscal year 2001.
       This title may be cited as the ``Department of Education 
     Appropriations Act, 2002''.

                       TITLE IV--RELATED AGENCIES

                      Armed Forces Retirement Home

       For expenses necessary for the Armed Forces Retirement Home 
     to operate and maintain the United States Soldiers' and 
     Airmen's Home and the United States Naval Home, to be paid 
     from funds available in the Armed Forces Retirement Home 
     Trust Fund, $71,440,000, of which $9,812,000 shall remain 
     available until expended for construction and renovation of 
     the physical plants at the United States Soldiers' and 
     Airmen's Home and the United States Naval Home: Provided, 
     That, notwithstanding any other provision of law, a single 
     contract or related contracts for development and 
     construction, to include construction of a long-term care 
     facility at the United States Naval Home, may be employed 
     which collectively include the full scope of the project: 
     Provided further, That the solicitation and contract shall 
     contain the clause ``availability of funds'' found at 48 CFR 
     52.232-18 and 252.232-7007, Limitation of Government 
     Obligations.

             Corporation for National and Community Service


        Domestic Volunteer Service Programs, Operating Expenses

       For expenses necessary for the Corporation for National and 
     Community Service to carry out the provisions of the Domestic 
     Volunteer Service Act of 1973, as amended, $321,276,000: 
     Provided, That none of the funds made available to the 
     Corporation for National and Community Service in this Act 
     for activities authorized by part E of title II of the 
     Domestic Volunteer Service Act of 1973 shall be used to 
     provide stipends or other monetary incentives to volunteers 
     or volunteer leaders whose incomes exceed 125 percent of the 
     national poverty level.

                  Corporation for Public Broadcasting

       For payment to the Corporation for Public Broadcasting, as 
     authorized by the Communications Act of 1934, an amount which 
     shall be available within limitations specified by that Act, 
     for the fiscal year 2004, $395,000,000: Provided, That no 
     funds made available to the Corporation for Public 
     Broadcasting by this Act shall be used to pay for receptions, 
     parties, or similar forms of entertainment for Government 
     officials or employees: Provided further, That none of the 
     funds contained in this paragraph shall be available or used 
     to aid or support any program or activity from which any 
     person is excluded, or is denied benefits, or is 
     discriminated against, on the basis of race, color, national 
     origin, religion, or sex: Provided further, That in addition 
     to the amounts provided above, $25,000,000, for costs related 
     to digital program production, development, and distribution, 
     associated with the transition of public broadcasting to 
     digital broadcasting, to be awarded as determined by the 
     Corporation in consultation with public radio and television 
     licensees or permittees, or their designated representatives.

               Federal Mediation and Conciliation Service


                         Salaries and Expenses

       For expenses necessary for the Federal Mediation and 
     Conciliation Service to carry out the functions vested in it 
     by the Labor Management Relations Act, 1947 (29 U.S.C. 171-
     180, 182-183), including hire of passenger motor vehicles; 
     for expenses necessary for the Labor-Management Cooperation 
     Act of 1978 (29 U.S.C. 175a); and for expenses necessary for 
     the Service to carry out the functions vested in it by the 
     Civil Service Reform Act, Public Law 95-454 (5 U.S.C. ch. 
     71), $40,482,000, including $1,500,000, to remain available 
     through September 30, 2003, for activities authorized by the 
     Labor-Management Cooperation Act of 1978 (29 U.S.C. 175a): 
     Provided, That notwithstanding 31 U.S.C. 3302, fees charged, 
     up to full-cost recovery, for special training activities and 
     other conflict resolution services and technical assistance, 
     including those provided to foreign governments and 
     international organizations, and for arbitration services 
     shall be credited to and merged with this account, and shall 
     remain available until expended: Provided further, That fees 
     for arbitration services shall be available only for 
     education, training, and professional development of the 
     agency workforce: Provided further, That the Director of the 
     Service is authorized to accept and use on behalf of the 
     United States gifts of services and real, personal, or other 
     property in the aid of any projects or functions within the 
     Director's jurisdiction.

            Federal Mine Safety and Health Review Commission


                         Salaries and Expenses

       For expenses necessary for the Federal Mine Safety and 
     Health Review Commission (30 U.S.C. 801 et seq.), $6,939,000.

                Institute of Museum and Library Services


         Office of Library Services: Grants and Administration

       For carrying out subtitle B of the Museum and Library 
     Services Act, $168,078,000, of which $11,081,000 shall be for 
     projects authorized by section 262 of such Act, 
     notwithstanding section 221(a)(1)(B).

                  Medicare Payment Advisory Commission


                         salaries and expenses

       For expenses necessary to carry out section 1805 of the 
     Social Security Act, $8,500,000, to be transferred to this 
     appropriation from the Federal Hospital Insurance and the 
     Federal Supplementary Medical Insurance Trust Funds.

        National Commission on Libraries and Information Science


                         Salaries and Expenses

       For necessary expenses for the National Commission on 
     Libraries and Information Science, established by the Act of 
     July 20, 1970 (Public Law 91-345, as amended), $1,495,000.

                     National Council on Disability


                         Salaries and Expenses

       For expenses necessary for the National Council on 
     Disability as authorized by title IV of the Rehabilitation 
     Act of 1973, as amended, $2,830,000.

                     National Education Goals Panel

       For expenses necessary for the National Education Goals 
     Panel, as authorized by title II, part A of the Goals 2000: 
     Educate America Act, $2,000,000.

                     National Labor Relations Board


                         Salaries and Expenses

       For expenses necessary for the National Labor Relations 
     Board to carry out the functions vested in it by the Labor-
     Management Relations Act, 1947, as amended (29 U.S.C. 141-
     167), and other laws, $226,438,000: Provided, That no part of 
     this appropriation shall be available to organize or assist 
     in organizing agricultural laborers or used in connection 
     with investigations, hearings, directives, or orders 
     concerning bargaining units composed of agricultural laborers 
     as referred to in section 2(3) of the Act of July 5, 1935 (29 
     U.S.C. 152), and as amended by the Labor-Management Relations 
     Act, 1947, as amended, and as defined in section 3(f) of the 
     Act of June 25, 1938 (29 U.S.C. 203), and including in said 
     definition employees engaged in the maintenance and operation 
     of ditches, canals, reservoirs, and waterways when maintained 
     or operated on a mutual, nonprofit basis and at least 95 
     percent of the water stored or supplied thereby is used for 
     farming purposes.

                        National Mediation Board


                         Salaries and Expenses

       For expenses necessary to carry out the provisions of the 
     Railway Labor Act, as amended (45 U.S.C. 151-188), including 
     emergency boards appointed by the President, $10,635,000.

            Occupational Safety and Health Review Commission


                         Salaries and Expenses

       For expenses necessary for the Occupational Safety and 
     Health Review Commission (29 U.S.C. 661), $8,964,000.

                       Railroad Retirement Board


                     Dual Benefits Payments Account

       For payment to the Dual Benefits Payments Account, 
     authorized under section 15(d) of the Railroad Retirement Act 
     of 1974, $146,000,000, which shall include amounts becoming 
     available in fiscal year 2002 pursuant to section 
     224(c)(1)(B) of Public Law 98-76; and in addition, an amount, 
     not to exceed 2 percent of the amount provided herein, shall 
     be available proportional to the amount by which the product 
     of recipients and the average benefit received exceeds 
     $146,000,000: Provided, That the total amount provided herein 
     shall be credited in 12 approximately equal amounts on the 
     first day of each month in the fiscal year.


          Federal Payments to the Railroad Retirement Accounts

       For payment to the accounts established in the Treasury for 
     the payment of benefits under the Railroad Retirement Act for 
     interest earned on unnegotiated checks, $150,000, to remain 
     available through September 30, 2003, which shall be the 
     maximum amount available for payment pursuant to section 417 
     of Public Law 98-76.


                      Limitation on Administration

       For necessary expenses for the Railroad Retirement Board 
     for administration of the Railroad Retirement Act and the 
     Railroad Unemployment Insurance Act, $97,700,000, to be 
     derived in such amounts as determined by the Board from the 
     railroad retirement accounts and from moneys credited to the 
     railroad unemployment insurance administration fund.


             Limitation on the Office of Inspector General

       For expenses necessary for the Office of Inspector General 
     for audit, investigatory and review activities, as authorized 
     by the Inspector

[[Page S11469]]

     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

[[Page S11470]]

     trust fund to which funds are appropriated under this Act, 
     shall be expended for any abortion.
       (b) None of the funds appropriated under this Act, and none 
     of the funds in any trust fund to which funds are 
     appropriated under this Act, shall be expended for health 
     benefits coverage that includes coverage of abortion.
       (c) The term ``health benefits coverage'' means the package 
     of services covered by a managed care provider or 
     organization pursuant to a contract or other arrangement.
       Sec. 509. (a) The limitations established in the preceding 
     section shall not apply to an abortion--
       (1) if the pregnancy is the result of an act of rape or 
     incest; or
       (2) in the case where a woman suffers from a physical 
     disorder, physical injury, or physical illness, including a 
     life-endangering physical condition caused by or arising from 
     the pregnancy itself, that would, as certified by a 
     physician, place the woman in danger of death unless an 
     abortion is performed.
       (b) Nothing in the preceding section shall be construed as 
     prohibiting the expenditure by a State, locality, entity, or 
     private person of State, local, or private funds (other than 
     a State's or locality's contribution of Medicaid matching 
     funds).
       (c) Nothing in the preceding section shall be construed as 
     restricting the ability of any managed care provider from 
     offering abortion coverage or the ability of a State or 
     locality to contract separately with such a provider for such 
     coverage with State funds (other than a State's or locality's 
     contribution of Medicaid matching funds).
       Sec. 510. (a) None of the funds made available in this Act 
     may be used for--
       (1) the creation of a human embryo or embryos for research 
     purposes; or
       (2) research in which a human embryo or embryos are 
     destroyed, discarded, or knowingly subjected to risk of 
     injury or death greater than that allowed for research on 
     fetuses in utero under 45 CFR 46.208(a)(2) and section 498(b) 
     of the Public Health Service Act (42 U.S.C. 289g(b)).
       (b) For purposes of this section, the term ``human embryo 
     or embryos'' includes any organism, not protected as a human 
     subject under 45 CFR 46 as of the date of the enactment of 
     this Act, that is derived by fertilization, parthenogenesis, 
     cloning, or any other means from one or more human gametes or 
     human diploid cells.
       Sec. 511. (a) None of the funds made available in this Act 
     may be used for any activity that promotes the legalization 
     of any drug or other substance included in schedule I of the 
     schedules of controlled substances established by section 202 
     of the Controlled Substances Act (21 U.S.C. 812).
       (b) The limitation in subsection (a) shall not apply when 
     there is significant medical evidence of a therapeutic 
     advantage to the use of such drug or other substance or that 
     federally sponsored clinical trials are being conducted to 
     determine therapeutic advantage.
       Sec. 512. None of the funds made available in this Act may 
     be obligated or expended to enter into or renew a contract 
     with an entity if--
       (1) such entity is otherwise a contractor with the United 
     States and is subject to the requirement in section 4212(d) 
     of title 38, United States Code, regarding submission of an 
     annual report to the Secretary of Labor concerning employment 
     of certain veterans; and
       (2) such entity has not submitted a report as required by 
     that section for the most recent year for which such 
     requirement was applicable to such entity.
       Sec. 513. None of the funds made available in this Act may 
     be used to promulgate or adopt any final standard under 
     section 1173(b) of the Social Security Act (42 U.S.C. 1320d-
     2(b)) providing for, or providing for the assignment of, a 
     unique health identifier for an individual (except in an 
     individual's capacity as an employer or a health care 
     provider), until legislation is enacted specifically 
     approving the standard.
       Sec. 514. None of the funds in this Act for the Departments 
     of Labor, Health and Human Services, and Education may be 
     used to make a grant unless the House and Senate Committees 
     on Appropriations are notified not less than three full 
     business days before any discretionary grant awards or 
     cooperative agreement, totaling $500,000 or more is announced 
     by these departments from any discretionary grant program 
     other than emergency relief programs: Provided, That no 
     notification shall involve funds that are not available for 
     obligation.
       Sec. 515. Section 102 of the Secure Rural Schools and 
     Community Self-Determination Act of 2000 (16 U.S.C. 500 note) 
     is amended by adding at the end the following:
       ``(f) State Contributions.--
       ``(1) Supplement, not supplant.--
       ``(A) In general.--Effective October 1, 2002, the portion 
     of the funds made available to a State to carry out this 
     section for a fiscal year that exceeds the baseline funding 
     for the State shall be used to supplement and not supplant 
     State (including local) public funds expended to provide free 
     public education.
       ``(B) Definitions.--In this paragraph:
       ``(i) Baseline funding.--The term `baseline funding', used 
     with respect to a State, means the funds made available to 
     the State to carry out this section for fiscal year 2000, 
     increased or decreased by the same percentage as the 
     percentage by which the Consumer Price Index for All Urban 
     Consumers (United States city average), published by the 
     Secretary of Labor, has increased or decreased by June of the 
     preceding fiscal year from such Index for June 2000.
       ``(ii) Free public education.--The term `free public 
     education' has the meaning given the term in section 14101 of 
     the Elementary and Secondary Education Act of 1965 (20 U.S.C. 
     8801).
       ``(2) Maintenance of effort.--
       ``(A) In general.--Effective October 1, 2002, a State may 
     receive funds under this section for a fiscal year only if 
     the Secretary of Education finds that the aggregate 
     expenditure of the State with respect to the provision of 
     free public education by such State for the preceding fiscal 
     year was not less than 100 percent of the baseline 
     expenditure for the State.
       ``(B) Use of funds.--If a State fails to receive funds 
     under this section for a fiscal year in accordance with 
     subparagraph (A), the Secretary of the Treasury shall use the 
     funds to make payments to the other States, in proportion to 
     the amounts already received by the other States under this 
     section for the fiscal year.
       ``(C) Waiver.--The Secretary of the Treasury may waive the 
     requirements of this paragraph if the Secretary determines 
     that such a waiver would be equitable due to--
       ``(i) exceptional or uncontrollable circumstances such as a 
     natural disaster; or
       ``(ii) a precipitous decline in the financial resources of 
     the State.
       ``(D) Definitions.--In this paragraph:
       ``(i) Aggregate expenditure.--The term `aggregate 
     expenditure', used with respect to a State, shall not include 
     any funds received by the State under this Act.
       ``(ii) Baseline expenditure.--The term `baseline 
     expenditure', used with respect to a State, means the 
     aggregate expenditure of the State with respect to the 
     provision of free public education by such State for fiscal 
     year 2000, increased or decreased by the same percentage as 
     the percentage by which the Consumer Price Index for All 
     Urban Consumers (United States city average), published by 
     the Secretary of Labor, has increased or decreased by June of 
     the preceding fiscal year from such Index for June 2000.
       ``(iii) Free public education.--The term `free public 
     education' has the meaning given the term in paragraph 
     (1).''.
       Sec. 516. (a) Findings.--The Senate finds the following:
       (1) The Low-Income Home Energy Assistance Program (referred 
     to in this section as ``LIHEAP'') is the primary Federal 
     program available to help low-income households, the elderly, 
     and individuals with disabilities pay their home energy 
     bills.
       (2) Congress provided $300,000,000 in emergency funding for 
     LIHEAP in the Supplemental Appropriations Act, 2001 because 
     regular appropriations were insufficient to help States 
     offset the increase in high utility bills during the winter 
     of 2000-2001.
       (3) Congress expected that half of the emergency funding 
     would be made available for targeted assistance to States 
     with the most critical needs, and half would be given to help 
     States address unmet energy assistance needs resulting from 
     the extraordinary price increases in home heating fuels and 
     residential natural gas, experienced during the winter of 
     2000-2001.
       (4) In the winter of 2000-2001, there was a 30 percent 
     increase in households receiving LIHEAP assistance in large 
     part due to the high price of home energy and severe weather.
       (5) In the winter of 2000-2001, the LIHEAP program was only 
     able to serve 17 percent of the 29,000,000 households 
     eligible for LIHEAP assistance.
       (6) In the winter of 2000-2001--
       (A) heating oil prices were 36 percent higher than in the 
     winter of 1999-2000, and residential natural gas cost 42 
     percent more per cubic foot than in the winter of 1999-2000; 
     and
       (B) the weather was 10 percent colder than in the winter of 
     1999-2000.
       (7) In the winter of 2000-2001, record cold weather and 
     high home energy bills took a financial toll on low-income 
     families and the elderly who spend, on average, 19.5 percent 
     of their annual income on energy bills, as compared to 3.7 
     percent for all other households.
       (8) Families in the United States need emergency LIHEAP 
     funding to pay home energy bills from the winter of 2000-2001 
     and restore heat as the succeeding winter approaches.
       (9) More citizens will need LIHEAP assistance in fiscal 
     year 2002 due to the recent increase in unemployment and the 
     slowing economy.
       (10) States are being forced to draw down fiscal year 2002 
     LIHEAP funds in order to address unmet needs from fiscal year 
     2001 and help low-income households pay overdue home energy 
     bills.
       (11) Emergency LIHEAP funding will provide States with 
     critical resources to help provide assistance to residents.
       (b) Sense of the Senate.--It is the sense of the Senate 
     that the President should immediately release the 
     $300,000,000 in emergency funding for LIHEAP provided by the 
     Supplemental Appropriations Act, 2001.
       Sec. 517. (a) Section 10 of the Native Hawaiian Health Care 
     Improvement Act (42 U.S.C. 11709) is amended--
       (1) in subsection (a) in the matter preceding paragraph 
     (1), by striking ``Kamehameha School/Bishop Estate'' and 
     inserting ``Papa Ola Lokahi''; and
       (2) in subsection (b)(1)(C), by striking ``Kamehameha 
     School/Bishop Estate'' and inserting ``Papa Ola Lokahi''.
       (b) Section 338K(a) of the Public Health Service Act (42 
     U.S.C. 254s(a)) is amended by striking ``Kamehameha School/
     Bishop Estate'' and inserting ``Papa Ola Lokahi''.
       Sec. 518. (a) Report.--Not later than 180 days after the 
     date of enactment of this Act, the Comptroller General of the 
     United States shall submit a report to the Committee on 
     Finance and the Committee on Health, Education, Labor, and 
     Pensions of the Senate and to the Committee on Energy and 
     Commerce and the Committee on Ways and Means of the House of 
     Representatives on the matters described in subsection (b) 
     with respect to the administrative simplification 
     requirements of the Health Insurance Portability and 
     Accountability Act of 1996

[[Page S11471]]

     (Public Law 104-191; 110 Stat. 2021) and programs 
     administered by State and local units of government.
       (b) Matters Studies.--For purposes of subsection (a), the 
     matters described in this subsection include the following:
       (1) An assessment of Federal programs administered by State 
     and local units of government, including local educational 
     agencies, explicitly required to implement the administrative 
     simplification requirements under provisions of the Health 
     Insurance Portability and Accountability Act of 1996.
       (2) An assessment of other Federal and non-Federal programs 
     administered by State and local units of government, 
     including local educational agencies, that will be required 
     to implement the administrative simplification requirements 
     of the Health Insurance Portability and Accountability Act of 
     1996 in order to exchange electronic health data with private 
     sector providers and insurers.
       (3) An analysis of the costs that will be incurred by State 
     and local units of government, including local educational 
     agencies, to implement the administrative simplification 
     requirements of the Health Insurance Portability and 
     Accountability Act of 1996 in programs described in paragraph 
     (1) or (2).
       (4) An analysis of Federal resources available to units of 
     State and local government, including local educational 
     agencies, for implementing the administrative simplification 
     requirements of the Health Insurance Portability and 
     Accountability Act of 1996 in programs described in paragraph 
     (1) or (2).
       (5) An assessment of guidance provided to State and local 
     units of government, including local educational agencies, by 
     the Centers for Medicare and Medicaid Services and the 
     Department of Health and Human Services on the implementation 
     of the administrative simplification requirements of the 
     Health Insurance Portability and Accountability Act of 1996 
     in programs described in paragraph (1) or (2).
       (6) An assessment of the coordination between the Centers 
     for Medicare and Medicaid Services, the Department of Health 
     and Human Services, and other Federal agencies on the 
     implementation of the administrative simplification 
     requirements of the Health Insurance Portability and 
     Accountability Act of 1996 in Federal programs administered 
     by State and local units of government, including local 
     educational agencies, in programs described in paragraph (1) 
     or (2).
       (c) Definition.--In this section, the term ``administrative 
     simplification requirements'' means all standards for 
     transactions, data elements for such transactions, unique 
     health identifiers, code sets, security, and privacy issued 
     pursuant to sections 262 and 264 of the Health Insurance 
     Portability and Accountability Act of 1996.
       Sec. 519. (a) Definition.--In this section the term 
     ``qualified magistrate judge'' means any person who--
       (1) retired as a magistrate judge before November 15, 1988; 
     and
       (2) on the date of filing an election under subsection 
     (b)--
       (A) is serving as a recalled magistrate judge on a full-
     time basis under section 636(h) of title 28, United States 
     Code; and
       (B) has completed at least 5 years of full-time recall 
     service.
       (b) Election of Annuity.--The Director of the 
     Administrative Office of the United States Courts may accept 
     the election of a qualified magistrate judge to--
       (1) receive an annuity under section 377 of title 28, 
     United States Code; and
       (2) come within the purview of section 376 of such title.
       (c) Credit for Service.--Full-time recall service performed 
     by a qualified magistrate judge shall be credited for service 
     in calculating an annuity elected under this section.
       (d) Regulations.--The Director of the Administrative Office 
     of the United States Courts may promulgate regulations to 
     carry out this section.
       Sec. 520. Nothing in section 134 of H.R. 2217 shall be 
     construed to overturn or otherwise effect the decision of the 
     U.S. Court of Appeals for the Tenth Circuit in the case of 
     Sac and Fox Nation v. Norton, 240 F.3d 1250 (10th Cir.2001), 
     or to permit gaming under the Indian Gaming Regulatory Act on 
     lands described in section 123 of Public Law 106-291 or any 
     lands contiguous to such lands that have or have not been 
     taken into trust by the Secretary of the Interior.
       Sec. 521. Amounts made available under this Act for the 
     administrative and related expenses for departmental 
     management for the Department of Labor, the Department of 
     Health and Human Services, and the Department of Education, 
     shall be reduced on a pro rata basis by $98,500,000:  
     Provided, That this provision shall not apply to the Food and 
     Drug Administration and the Indian Health Service: Provided 
     further, That not later than 15 days after the enactment of 
     this Act, the Director of the Office of Management and Budget 
     shall report to the Senate Committee on Appropriations the 
     accounts subject to the pro rata reductions and the amount to 
     be reduced in each account.

TITLE VI--EXTENSION OF MARK-TO-MARKET PROGRAM FOR MULTIFAMILY ASSISTED 
                                HOUSING

     SEC. 601. SHORT TITLE AND TABLE OF CONTENTS.

       (a) Short Title.--This title may be cited as the ``Mark-to-
     Market Extension Act of 2001''.
       (b) Table of Contents.--The table of contents for this 
     title is as follows:

TITLE VI--EXTENSION OF MARK-TO-MARKET PROGRAM FOR MULTIFAMILY ASSISTED 
                                HOUSING

Sec. 601. Short title and table of contents.
Sec. 602. Purposes.
Sec. 603. Effective date.

 Subtitle A--Multifamily Housing Mortgage and Assistance Restructuring 
                     and Section 8 Contract Renewal

Sec. 611. Definitions.
Sec. 612. Mark-to-market program amendments.
Sec. 613. Consistency of rent levels under enhanced voucher assistance 
              and rent restructurings.
Sec. 614. Eligible inclusions for renewal rents of partially assisted 
              buildings.
Sec. 615. Eligibility of restructuring projects for miscellaneous 
              housing insurance.
Sec. 616. Technical corrections.

   Subtitle B--Office of Multifamily Housing Assistance Restructuring

Sec. 621. Reauthorization of Office and extension of program.
Sec. 622. Appointment of Director.
Sec. 623. Vacancy in position of Director.
Sec. 624. Oversight by Federal Housing Commissioner.
Sec. 625. Limitation on subsequent employment.

          Subtitle C--Miscellaneous Housing Program Amendments

Sec. 631. Extension of CDBG public services cap exception.
Sec. 632. Use of section 8 enhanced vouchers for prepayments.
Sec. 633. Prepayment and refinancing of loans for section 202 
              supportive housing.
Sec. 634. Technical correction.

     SEC. 602. PURPOSES.

       The purposes of this title are--
       (1) to continue the progress of the Multifamily Assisted 
     Housing Reform and Affordability Act of 1997 (referred to in 
     this section as ``that Act'');
       (2) to ensure that properties that undergo mortgage 
     restructurings pursuant to that Act are rehabilitated to a 
     standard that allows the properties to meet their long-term 
     affordability requirements;
       (3) to ensure that, for properties that undergo mortgage 
     restructurings pursuant to that Act, reserves are set at 
     adequate levels to allow the properties to meet their long-
     term affordability requirements;
       (4) to ensure that properties that undergo mortgage 
     restructurings pursuant to that Act are operated efficiently, 
     and that operating expenses are sufficient to ensure the 
     long-term financial and physical integrity of the properties;
       (5) to ensure that properties that undergo rent 
     restructurings have adequate resources to maintain the 
     properties in good condition;
       (6) to ensure that the Office of Multifamily Housing 
     Assistance Restructuring of the Department of Housing and 
     Urban Development continues to focus on the portfolio of 
     properties eligible for restructuring under that Act;
       (7) to ensure that the Department of Housing and Urban 
     Development carefully tracks the condition of those 
     properties on an ongoing basis;
       (8) to ensure that tenant groups, nonprofit organizations, 
     and public entities continue to have the resources for 
     building the capacity of tenant organizations in furtherance 
     of the purposes of subtitle A of that Act; and
       (9) to encourage the Office of Multifamily Housing 
     Assistance Restructuring to continue to provide participating 
     administrative entities, including public participating 
     administrative entities, with the flexibility to respond to 
     specific problems that individual cases may present, while 
     ensuring consistent outcomes around the country.

     SEC. 603. EFFECTIVE DATE.

       Except as provided in sections 616(a)(2), 633(b), and 
     634(b), this title and the amendments made by this title 
     shall take effect or are deemed to have taken effect, as 
     appropriate, on the earlier of--
       (1) the date of the enactment of this title; or
       (2) September 30, 2001.

 Subtitle A--Multifamily Housing Mortgage and Assistance Restructuring 
                     and Section 8 Contract Renewal

     SEC. 611. DEFINITIONS.

       Section 512 of the Multifamily Assisted Housing Reform and 
     Affordability Act of 1997 (42 U.S.C. 1437f note) is amended 
     by adding at the end the following new paragraph:
       ``(19) Office.--The term `Office' means the Office of 
     Multifamily Housing Assistance Restructuring established 
     under section 571.''.

     SEC. 612. MARK-TO-MARKET PROGRAM AMENDMENTS.

       (a) Funding for Tenant and Nonprofit Participation.--
     Section 514(f)(3)(A) of the Multifamily Assisted Housing 
     Reform and Affordability Act of 1997 (42 U.S.C. 1437f note) 
     is amended--
       (1) by striking ``Secretary may provide not more than 
     $10,000,000 annually in funding'' and inserting ``Secretary 
     shall make available not more than $10,000,000 annually in 
     funding, which amount shall be in addition to any amounts 
     made available under this subparagraph and carried over from 
     previous years,''; and
       (2) by striking ``entities), and for tenant services,'' and 
     inserting ``entities), for tenant services, and for tenant 
     groups, nonprofit organizations, and public entities 
     described in section 517(a)(5),''.
       (b) Exception Rents.--Section 514(g)(2)(A) of the 
     Multifamily Assisted Housing Reform and Affordability Act of 
     1997 (42 U.S.C. 1437f note) is amended by striking 
     ``restructured mortgages in any fiscal year'' and inserting 
     ``portfolio restructuring agreements''.
       (c) Notice to Displaced Tenants.--Section 516(d) of the 
     Multifamily Assisted Housing Reform and Affordability Act of 
     1997 (42 U.S.C. 1437f note) is amended by striking ``Subject 
     to'' and inserting the following:
       ``(1) Notice to certain residents.--The Office shall notify 
     any tenant that is residing in a

[[Page S11472]]

     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'';

[[Page S11473]]

       (3) in subsection (c), by striking ``upon September 30, 
     2001'' and inserting ``at the end of September 30, 2004''; 
     and
       (4) by striking subsection (d) and inserting the following 
     new subsection:
       ``(d) Transfer of Authority.--Effective upon the repeal of 
     subtitle D under subsection (a)(2) of this section, all 
     authority and responsibilities to administer the program 
     under subtitle A are transferred to the Secretary.''.

     SEC. 622. APPOINTMENT OF DIRECTOR.

       (a) In General.--Section 572 of the Multifamily Assisted 
     Housing Reform and Affordability Act of 1997 (42 U.S.C. 1437f 
     note) is amended by striking subsection (a) and inserting the 
     following new subsection:
       ``(a) Appointment.--The Office shall be under the 
     management of a Director, who shall be appointed by the 
     President from among individuals who are citizens of the 
     United States and have a demonstrated understanding of 
     financing and mortgage restructuring for affordable 
     multifamily housing.''.
       (b) Applicability.--The amendment made by subsection (a) 
     shall apply to the first Director of the Office of 
     Multifamily Housing Assistance Restructuring of the 
     Department of Housing and Urban Development appointed after 
     the date of the enactment of this Act, and any such Director 
     appointed thereafter.

     SEC. 623. VACANCY IN POSITION OF DIRECTOR.

       (a) In General.--Section 572 of the Multifamily Assisted 
     Housing Reform and Affordability Act of 1997 (42 U.S.C. 1437f 
     note) is amended by striking subsection (b) and inserting the 
     following new subsection:
       ``(b) Vacancy.--A vacancy in the position of Director shall 
     be filled by appointment in the manner provided under 
     subsection (a). The President shall make such an appointment 
     not later than 60 days after such position first becomes 
     vacant.''.
       (b) Applicability.--The amendment made by subsection (a) 
     shall apply to any vacancy in the position of Director of the 
     Office of Multifamily Housing Assistance Restructuring of the 
     Department of Housing and Urban Development which occurs or 
     exists after the date of the enactment of this Act.

     SEC. 624. OVERSIGHT BY FEDERAL HOUSING COMMISSIONER.

       (a) In General.--Section 578 of the Multifamily Assisted 
     Housing Reform and Affordability Act of 1997 (42 U.S.C. 1437f 
     note) is amended to read as follows:

     ``SEC. 578. OVERSIGHT BY FEDERAL HOUSING COMMISSIONER.

       ``All authority and responsibilities assigned under this 
     subtitle to the Secretary shall be carried out through the 
     Assistant Secretary of the Department of Housing and Urban 
     Development who is the Federal Housing Commissioner.''.
       (b) Report.--The second sentence of section 573(b) of the 
     Multifamily Assisted Housing Reform and Affordability Act of 
     1997 (42 U.S.C. 1437f note) is amended by striking 
     ``Secretary'' and inserting ``Assistant Secretary of the 
     Department of Housing and Urban Development who is the 
     Federal Housing Commissioner''.

     SEC. 625. LIMITATION ON SUBSEQUENT EMPLOYMENT.

       Section 576 of the Multifamily Assisted Housing Reform and 
     Affordability Act of 1997 (42 U.S.C. 1437f note) is amended 
     by striking ``2-year period'' and inserting ``1-year 
     period''.

          Subtitle C--Miscellaneous Housing Program Amendments

     SEC. 631. EXTENSION OF CDBG PUBLIC SERVICES CAP EXCEPTION.

       Section 105(a)(8) of the Housing and Community Development 
     Act of 1974 (42 U.S.C. 5305(a)(8)) is amended by striking 
     ``through 2001'' and inserting ``through 2003''.

     SEC. 632. USE OF SECTION 8 ENHANCED VOUCHERS FOR PREPAYMENTS.

       Section 8(t)(2) of the United States Housing Act of 1937 
     (42 U.S.C. 1437f(t)(2)) is amended by inserting after 
     ``insurance contract for the mortgage for such housing 
     project'' the following: ``(including any such mortgage 
     prepayment during fiscal year 1996 or a fiscal year 
     thereafter or any insurance contract voluntary termination 
     during fiscal year 1996 or a fiscal year thereafter)''.

     SEC. 633. PREPAYMENT AND REFINANCING OF LOANS FOR SECTION 202 
                   SUPPORTIVE HOUSING.

       (a) In General.--Section 811 of the American Homeownership 
     and Economic Opportunity Act of 2000 (12 U.S.C. 1701q note) 
     is amended by striking subsection (e).
       (b) Effectiveness Upon Date of Enactment.--The amendment 
     made by subsection (a) of this section shall take effect upon 
     the date of the enactment of this Act and the provisions of 
     section 811 of the American Homeownership and Economic 
     Opportunity Act of 2000 (12 U.S.C. 1701q note), as amended by 
     subsection (a) of this section, shall apply as so amended 
     upon such date of enactment, notwithstanding--
       (1) any authority of the Secretary of Housing and Urban 
     Development to issue regulations to implement or carry out 
     the amendments made by subsection (a) of this section or the 
     provisions of section 811 of the American Homeownership and 
     Economic Opportunity Act of 2000 (12 U.S.C. 1701q note); or
       (2) any failure of the Secretary of Housing and Urban 
     Development to issue any such regulations authorized.

     SEC. 634. TECHNICAL CORRECTION.

       (a) In General.--Section 101(a) of Public Law 100-77 (42 
     U.S.C. 11301 note) is amended to read as if the amendment 
     made by section 1 of Public Law 106-400 (114 Stat. 1675) were 
     made to ``Section 101'' instead of ``Section 1''.
       (b) Retroactive Effect.--The amendment made by subsection 
     (a) of this section is deemed to have taken effect 
     immediately after the enactment of Public Law 106-400 (114 
     Stat. 1675).

                    TITLE VII--MENTAL HEALTH EQUITY

     SEC. 701. SHORT TITLE.

       This title may be cited as the ``Mental Health Equitable 
     Treatment Act of 2001''.

     SEC. 702. AMENDMENT TO THE EMPLOYEE RETIREMENT INCOME 
                   SECURITY ACT OF 1974.

       (a) In General.--Section 712 of the Employee Retirement 
     Income Security Act of 1974 (29 U.S.C. 1185a) is amended to 
     read as follows:

     ``SEC. 712. MENTAL HEALTH PARITY.

       ``(a) In General.--In the case of a group health plan (or 
     health insurance coverage offered in connection with such a 
     plan) that provides both medical and surgical benefits and 
     mental health benefits, such plan or coverage shall not 
     impose any treatment limitations or financial requirements 
     with respect to the coverage of benefits for mental illnesses 
     unless comparable treatment limitations or financial 
     requirements are imposed on medical and surgical benefits.
       ``(b) Construction.--
       ``(1) In general.--Nothing in this section shall be 
     construed as requiring a group health plan (or health 
     insurance coverage offered in connection with such a plan) to 
     provide any mental health benefits.
       ``(2) Medical management of mental health benefits.--
     Consistent with subsection (a), nothing in this section shall 
     be construed to prevent the medical management of mental 
     health benefits, including through concurrent and 
     retrospective utilization review and utilization management 
     practices, preauthorization, and the application of medical 
     necessity and appropriateness criteria applicable to 
     behavioral health and the contracting and use of a network of 
     participating providers.
       ``(3) No requirement of specific services.--Nothing in this 
     section shall be construed as requiring a group health plan 
     (or health insurance coverage offered in connection with such 
     a plan) to provide coverage for specific mental health 
     services, except to the extent that the failure to cover such 
     services would result in a disparity between the coverage of 
     mental health and medical and surgical benefits.
       ``(c) Small Employer Exemption.--
       ``(1) In general.--This section shall not apply to any 
     group health plan (and group health insurance coverage 
     offered in connection with a group health plan) for any plan 
     year of any employer who employed an average of at least 2 
     but not more than 50 employees on business days during the 
     preceding calendar year.
       ``(2) Application of certain rules in determination of 
     employer size.--For purposes of this subsection--
       ``(A) Application of aggregation rule for employers.--Rules 
     similar to the rules under subsections (b), (c), (m), and (o) 
     of section 414 of the Internal Revenue Code of 1986 shall 
     apply for purposes of treating persons as a single employer.
       ``(B) Employers not in existence in preceding year.--In the 
     case of an employer which was not in existence throughout the 
     preceding calendar year, the determination of whether such 
     employer is a small employer shall be based on the average 
     number of employees that it is reasonably expected such 
     employer will employ on business days in the current calendar 
     year.
       ``(C) Predecessors.--Any reference in this paragraph to an 
     employer shall include a reference to any predecessor of such 
     employer.
       ``(d) Separate Application to Each Option Offered.--In the 
     case of a group health plan that offers a participant or 
     beneficiary two or more benefit package options under the 
     plan, the requirements of this section shall be applied 
     separately with respect to each such option.
       ``(e) In-Network and Out-of-Network Rules.--In the case of 
     a plan or coverage option that provides in-network mental 
     health benefits, out-of-network mental health benefits may be 
     provided using treatment limitations or financial 
     requirements that are not comparable to the limitations and 
     requirements applied to medical and surgical benefits if the 
     plan or coverage provides such in-network mental health 
     benefits in accordance with subsection (a) and provides 
     reasonable access to in-network providers and facilities.
       ``(f) Definitions.--For purposes of this section--
       ``(1) Financial requirements.--The term `financial 
     requirements' includes deductibles, coinsurance, co-payments, 
     other cost sharing, and limitations on the total amount that 
     may be paid by a participant or beneficiary with respect to 
     benefits under the plan or health insurance coverage and 
     shall include the application of annual and lifetime limits.
       ``(2) Medical or surgical benefits.--The term `medical or 
     surgical benefits' means benefits with respect to medical or 
     surgical services, as defined under the terms of the plan or 
     coverage (as the case may be), but does not include mental 
     health benefits.
       ``(3) Mental health benefits.--The term `mental health 
     benefits' means benefits with respect to services, as defined 
     under the terms and conditions of the plan or coverage (as 
     the case may be), for all categories of mental health 
     conditions listed in the Diagnostic and Statistical Manual of 
     Mental Disorders, Fourth Edition (DSM IV-TR), or the most 
     recent edition if different than the Fourth Edition, if such 
     services are included as part of an authorized treatment plan 
     that is in accordance with standard protocols and such 
     services meet the plan or issuer's medical necessity 
     criteria. Such term does not include benefits with respect to 
     the treatment of substance abuse or chemical dependency.
       ``(4) Treatment limitations.--The term `treatment 
     limitations' means limitations on the frequency of treatment, 
     number of visits or days of coverage, or other similar limits 
     on the duration or scope of treatment under the plan or 
     coverage.''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall take effect on January 1,

[[Page S11474]]

     2003 and shall apply with respect to plan years beginning on 
     or after such date.

     SEC. 703. AMENDMENT TO THE PUBLIC HEALTH SERVICE ACT RELATING 
                   TO THE GROUP MARKET.

       (a) In General.--Section 2705 of the Public Health Service 
     Act (42 U.S.C. 300gg-5) is amended to read as follows:

     ``SEC. 2705. MENTAL HEALTH PARITY.

       ``(a) In General.--In the case of a group health plan (or 
     health insurance coverage offered in connection with such a 
     plan) that provides both medical and surgical benefits and 
     mental health benefits, such plan or coverage shall not 
     impose any treatment limitations or financial requirements 
     with respect to the coverage of benefits for mental illnesses 
     unless comparable treatment limitations or financial 
     requirements are imposed on medical and surgical benefits.
       ``(b) Construction.--
       ``(1) In general.--Nothing in this section shall be 
     construed as requiring a group health plan (or health 
     insurance coverage offered in connection with such a plan) to 
     provide any mental health benefits.
       ``(2) Medical management of mental health benefits.--
     Consistent with subsection (a), nothing in this section shall 
     be construed to prevent the medical management of mental 
     health benefits, including through concurrent and 
     retrospective utilization review and utilization management 
     practices, preauthorization, and the application of medical 
     necessity and appropriateness criteria applicable to 
     behavioral health and the contracting and use of a network of 
     participating providers.
       ``(3) No requirement of specific services.--Nothing in this 
     section shall be construed as requiring a group health plan 
     (or health insurance coverage offered in connection with such 
     a plan) to provide coverage for specific mental health 
     services, except to the extent that the failure to cover such 
     services would result in a disparity between the coverage of 
     mental health and medical and surgical benefits.
       ``(c) Small Employer Exemption.--
       ``(1) In general.--This section shall not apply to any 
     group health plan (and group health insurance coverage 
     offered in connection with a group health plan) for any plan 
     year of any employer who employed an average of at least 2 
     but not more than 50 employees on business days during the 
     preceding calendar year.
       ``(2) Application of certain rules in determination of 
     employer size.--For purposes of this subsection--
       ``(A) Application of aggregation rule for employers.--Rules 
     similar to the rules under subsections (b), (c), (m), and (o) 
     of section 414 of the Internal Revenue Code of 1986 shall 
     apply for purposes of treating persons as a single employer.
       ``(B) Employers not in existence in preceding year.--In the 
     case of an employer which was not in existence throughout the 
     preceding calendar year, the determination of whether such 
     employer is a small employer shall be based on the average 
     number of employees that it is reasonably expected such 
     employer will employ on business days in the current calendar 
     year.
       ``(C) Predecessors.--Any reference in this paragraph to an 
     employer shall include a reference to any predecessor of such 
     employer.
       ``(d) Separate Application to Each Option Offered.--In the 
     case of a group health plan that offers a participant or 
     beneficiary two or more benefit package options under the 
     plan, the requirements of this section shall be applied 
     separately with respect to each such option.
       ``(e) In-Network and Out-of-Network Rules.--In the case of 
     a plan or coverage option that provides in-network mental 
     health benefits, out-of-network mental health benefits may be 
     provided using treatment limitations or financial 
     requirements that are not comparable to the limitations and 
     requirements applied to medical and surgical benefits if the 
     plan or coverage provides such in-network mental health 
     benefits in accordance with subsection (a) and provides 
     reasonable access to in-network providers and facilities.
       ``(f) Definitions.--For purposes of this section--
       ``(1) Financial requirements.--The term `financial 
     requirements' includes deductibles, coinsurance, co-payments, 
     other cost sharing, and limitations on the total amount that 
     may be paid by a participant, beneficiary or enrollee with 
     respect to benefits under the plan or health insurance 
     coverage and shall include the application of annual and 
     lifetime limits.
       ``(2) Medical or surgical benefits.--The term `medical or 
     surgical benefits' means benefits with respect to medical or 
     surgical services, as defined under the terms of the plan or 
     coverage (as the case may be), but does not include mental 
     health benefits.
       ``(3) Mental health benefits.--The term `mental health 
     benefits' means benefits with respect to services, as defined 
     under the terms and conditions of the plan or coverage (as 
     the case may be), for all categories of mental health 
     conditions listed in the Diagnostic and Statistical Manual of 
     Mental Disorders, Fourth Edition (DSM IV-TR), or the most 
     recent edition if different than the Fourth Edition, if such 
     services are included as part of an authorized treatment plan 
     that is in accordance with standard protocols and such 
     services meet the plan or issuer's medical necessity 
     criteria. Such term does not include benefits with respect to 
     the treatment of substance abuse or chemical dependency.
       ``(4) Treatment limitations.--The term `treatment 
     limitations' means limitations on the frequency of treatment, 
     number of visits or days of coverage, or other similar limits 
     on the duration or scope of treatment under the plan or 
     coverage.''.
       (b) Effective Date.--The amendment made by paragraph (1) 
     shall take effect on January 1, 2003 and shall apply with 
     respect to plan years beginning on or after such date.

     SEC. 704. PREEMPTION.

       Nothing in the amendments made by this title shall be 
     construed to preempt any provision of State law, with respect 
     to health insurance coverage offered by a health insurance 
     issuer in connection with a group health plan, that provides 
     protections to enrollees that are greater than the 
     protections provided under such amendments. Nothing in the 
     amendments made by this title shall be construed to affect or 
     modify section 514 of the Employee Retirement Income Security 
     Act of 1974 (29 U.S.C. 1144).

     SEC. 705. GENERAL ACCOUNTING OFFICE STUDY.

       (a) Study.--The Comptroller General shall conduct a study 
     that evaluates the effect of the implementation of the 
     amendments made by this title on the cost of health insurance 
     coverage, access to health insurance coverage (including the 
     availability of in-network providers), the quality of health 
     care, and other issues as determined appropriate by the 
     Comptroller General.
       (b) Report.--Not later than 2 years after the date of 
     enactment of this Act, the Comptroller General shall prepare 
     and submit to the appropriate committees of Congress a report 
     containing the results of the study conducted under 
     subsection (a).

     SEC. 706. NO IMPACT ON SOCIAL SECURITY TRUST FUND.

       (a) In General.--Nothing in this title (or an amendment 
     made by this title) shall be construed to alter or amend the 
     Social Security Act (or any regulation promulgated under that 
     Act).
       (b) Transfers.--
       (1) Estimate of secretary.--The Secretary of the Treasury 
     shall annually estimate the impact that the enactment of this 
     title has on the income and balances of the trust funds 
     established under section 201 of the Social Security Act (42 
     U.S.C. 401).
       (2) Transfer of funds.--If, under paragraph (1), the 
     Secretary of the Treasury estimates that the enactment of 
     this title has a negative impact on the income and balances 
     of the trust funds established under section 201 of the 
     Social Security Act (42 U.S.C. 401), the Secretary shall 
     transfer, not less frequently than quarterly, from the 
     general revenues of the Federal Government an amount 
     sufficient so as to ensure that the income and balances of 
     such trust funds are not reduced as a result of the enactment 
     of such title.

     SEC. 707. CONGRESSIONAL BUDGET ACT.

       Notwithstanding Rule 3 of the Budget Scorekeeping 
     Guidelines set forth in the joint explanatory statement of 
     the committee of conference accompanying Conference Report 
     105-217, the provisions of this title that would have been 
     estimated by the Office of Management and Budget as changing 
     direct spending or receipts under section 252 of the Balanced 
     Budget and Emergency Deficit Control Act of 1985 were it 
     included in an Act other than an appropriations Act shall be 
     treated as direct spending or receipts legislation, as 
     appropriate, under section 252 of the Balanced Budget and 
     Emergency Deficit Control Act of 1985, and by the Chairman of 
     the Senate Budget Committee, as appropriate, under the 
     Congressional Budget Act.

            TITLE VIII--INFORMATION ON PASSENGERS AND CARGO

     SEC. 801. MANDATORY ADVANCED ELECTRONIC INFORMATION FOR AIR 
                   CARGO AND PASSENGERS ENTERING THE UNITED 
                   STATES.

       (a) Air Cargo Information.--
       (1) In general.--Section 431(b) of the Tariff Act of 1930 
     (19 U.S.C. 1431(b)) is amended--
       (A) by striking ``(b) Production of Manifest.--Any 
     manifest'' and inserting the following:
       ``(b) Production of Manifest.--
       ``(1) In general.--Any manifest'';
       (B) by indenting the margin of paragraph (1), as so 
     designated, two ems; and
       (C) by adding at the end the following new paragraph:
       ``(2) Additional information.--
       ``(A) In general.--In addition to any other requirement 
     under this section, every air carrier required to make entry 
     or obtain clearance under the customs laws of the United 
     States, the pilot, the master, operator, or owner of such 
     carrier (or the authorized agent of such owner or operator) 
     shall provide by electronic transmission cargo manifest 
     information specified in subparagraph (B) in advance of such 
     entry or clearance in such manner, time, and form as the 
     Secretary shall prescribe. The Secretary may exclude any 
     class of air carrier for which the Secretary concludes the 
     requirements of this subparagraph are not necessary.
       ``(B) Information required.--The information specified in 
     this subparagraph is as follows:
       ``(i) The port of arrival or departure, whichever is 
     applicable.
       ``(ii) The carrier code, prefix code, or, both.
       ``(iii) The flight or trip number.
       ``(iv) The date of scheduled arrival or date of scheduled 
     departure, whichever is applicable.
       ``(v) The request for permit to proceed to the destination, 
     if applicable.
       ``(vi) The numbers and quantities from the master and house 
     air waybill or bills of lading.
       ``(vii) The first port of lading of the cargo.
       ``(viii) A description and weight of the cargo.
       ``(ix) The shippers name and address from all air waybills 
     or bills of lading.
       ``(x) The consignee name and address from all air waybills 
     or bills of lading.
       ``(xi) Notice that actual boarded quantities are not equal 
     to air waybill or bills of lading quantities.
       ``(xii) Transfer or transit information.
       ``(xiii) Warehouse or other location of the cargo.
       ``(xiv) Such other information as the Secretary, by 
     regulation, determines is reasonably necessary to ensure 
     aviation transportation

[[Page S11475]]

     safety pursuant to the laws enforced or administered by the 
     Customs Service.
       ``(3) Availability of information.--Information provided 
     under paragraph (2) may be shared with other departments and 
     agencies of the Federal Government, including the Department 
     of Transportation and the law enforcement agencies of the 
     Federal Government, for purposes of protecting the national 
     security of the United States.''.
       (2) Conforming amendments.--Subparagraphs (A) and (C) of 
     section 431(d)(1) of such Act are each amended by inserting 
     before the semicolon ``or subsection (b)(2)''.
       (b) Passenger Information.--Part II of title IV of the 
     Tariff Act of 1930 is amended by inserting after section 431 
     the following new section:

     ``SEC. 432. PASSENGER AND CREW MANIFEST INFORMATION REQUIRED 
                   FOR AIR CARRIERS.

       ``(a) In General.--For every person arriving or departing 
     on an air carrier required to make entry or obtain clearance 
     under the customs laws of the United States, the pilot, the 
     master, operator, or owner of such carrier (or the authorized 
     agent of such owner or operator) shall provide, by electronic 
     transmission, manifest information specified in subsection 
     (b) in advance of such entry or clearance in such manner, 
     time, and form as the Secretary shall prescribe.
       ``(b) Information.--The information specified in this 
     subsection with respect to a person is--
       ``(1) full name;
       ``(2) date of birth and citizenship;
       ``(3) sex;
       ``(4) passport number and country of issuance;
       ``(5) United States visa number or resident alien card 
     number, as applicable;
       ``(6) passenger name record; and
       ``(7) such other information as the Secretary, by 
     regulation, determines is reasonably necessary to ensure 
     aviation transportation safety pursuant to the laws enforced 
     or administered by the Customs Service.
       ``(c) Availability of Information.--Information provided 
     under this section may be shared with other departments and 
     agencies of the Federal Government, including the Department 
     of Transportation and the law enforcement agencies of the 
     Federal Government, for purposes of protecting the national 
     security of the United States.''.
       (c) Definition.--Section 401 of the Tariff Act of 1930 (19 
     U.S.C. 1401) is amended by adding at the end the following 
     new subsection:
       ``(t) Air Carrier.--The term `air carrier' means an air 
     carrier transporting goods or passengers for payment or other 
     consideration, including money or services rendered.''.
       (d) Effective Date.--The amendments made by this section 
     shall take effect 45 days after the date of enactment of this 
     Act.
       This Act may be cited as the ``Departments of Labor, Health 
     and Human Services, and Education, and Related Agencies 
     Appropriations Act, 2002''.

  The PRESIDING OFFICER. Under the previous order, the President will 
be notified of the Senate's action, and the Chair appoints Mr. Harkin, 
Mr. Hollings, Mr. Inouye, Mr. Reid, Mr. Kohl, Mrs. Murray, Ms. 
Landrieu, Mr. Byrd, Mr. Specter, Mr. Cochran, Mr. Gregg, Mr. Craig, 
Mrs. Hutchison, Mr. Stevens, and Mr. DeWine, conferees on the part of 
the Senate.

                          ____________________