[107th Congress Public Law 116]
[From the U.S. Government Printing Office]
<DOC>
[DOCID: f:publ116.107]
[[Page 115 STAT. 2177]]
Public Law 107-116
107th Congress
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. <<NOTE: Jan. 10,
2002 - [H.R. 3061]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: Departments of
Labor, Health and Human Services, and Education, and Related Agencies
Appropriations Act, 2002.>> 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 <<NOTE: Department of Labor Appropriations
Act, 2002.>>
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; the Women in Apprenticeship and Nontraditional
Occupations Act; and the National Skill Standards Act of 1994;
$3,167,282,000 plus reimbursements, of which $1,779,342,000 is available
for obligation for the period July 1, 2002 through June 30, 2003; of
which $1,353,065,000 is available for obligation for the period April 1,
2002 through June 30, 2003, including $1,127,965,000 to carry out
chapter 4 of the Workforce Investment Act and $225,100,000 to carry out
section 169 of such Act; and 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 $30,375,000 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, 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
$74,965,000 for formula grants, $4,786,000 for migrant and seasonal
housing, and $1,019,000 for other discretionary purposes: Provided
further, That funding provided herein under section 166 of the Workforce
Investment Act shall include $1,711,000 for use under section 166(j)(1)
of the Act: Provided further, That funds provided to carry out section
171(d)
[[Page 115 STAT. 2178]]
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 provided to carry out projects
under section 171 of the Workforce Investment Act that are identified in
the Conference Agreement, shall not be subject to the requirements of
section 171(b)(2)(B) of such Act, the requirements of section
171(c)(4)(D) of such Act, or the joint funding requirements of sections
171(b)(2)(A) and 171(c)(4)(A) of such 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.
community service employment for older americans
To carry out title V of the Older Americans Act of 1965, as amended,
$445,100,000.
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, $163,452,000, together with
not to exceed $3,237,886,000 (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
[[Page 115 STAT. 2179]]
the States through September 30, 2004; and of which $163,452,000,
together with not to exceed $773,283,000 of the amount which may be
expended from said trust fund, shall be available for obligation for the
period July 1, 2002 through June 30, 2003, to fund activities under the
Act of June 6, 1933, as amended, including the cost of penalty mail
authorized under 39 U.S.C. 3202(a)(1)(E) made available to States in
lieu of allotments for such purpose: Provided, That to the extent that
the Average Weekly Insured Unemployment (AWIU) for fiscal year 2002 is
projected by the Department of Labor to exceed 2,622,000, an additional
$28,600,000 shall be available for obligation for every 100,000 increase
in the AWIU level (including a pro rata amount for any increment less
than 100,000) from the Employment Security Administration Account of the
Unemployment Trust Fund: Provided further, That funds appropriated in
this Act which are used to establish a national one-stop career center
system, or which are used to support the national activities of the
Federal-State unemployment insurance programs, may be obligated in
contracts, grants or agreements with non-State entities: Provided
further, That funds appropriated under this Act for activities
authorized under the Wagner-Peyser Act, as amended, and title III of the
Social Security Act, may be used by the States to fund integrated
Employment Service and Unemployment Insurance automation efforts,
notwithstanding cost allocation principles prescribed under Office of
Management and Budget Circular A-87: Provided
further, <<NOTE: Mississippi.>> 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,
$113,356,000, including $5,934,000 to administer welfare-to-work grants,
together with not to exceed $48,507,000, which
[[Page 115 STAT. 2180]]
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, $109,866,000.
Pension Benefit Guaranty Corporation
pension benefit guaranty corporation fund
The <<NOTE: Contracts.>> 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, $369,220,000, 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, <<NOTE: Reports.>> 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
[[Page 115 STAT. 2181]]
Migrant and Seasonal Agricultural Worker Protection Act (29 U.S.C. 1801
et seq.).
special benefits
(including transfer of funds)
For the payment of compensation, benefits, and expenses (except
administrative expenses) accruing during the current or any prior fiscal
year authorized by title 5, chapter 81 of the United States Code;
continuation of benefits as provided for under the heading ``Civilian
War Benefits'' in the Federal Security Agency Appropriation Act, 1947;
the Employees' Compensation Commission Appropriation Act, 1944; sections
4(c) and 5(f) of the War Claims Act of 1948 (50 U.S.C. App. 2012); and
50 percent of the additional compensation and benefits required by
section 10(h) of the Longshore and Harbor Workers' Compensation Act, as
amended, $121,000,000 together with such amounts as may be necessary to
be charged to the subsequent year appropriation for the payment of
compensation and other benefits for any period subsequent to August 15
of the current year: Provided, That amounts appropriated may be used
under section 8104 of title 5, United States Code, by the Secretary of
Labor to reimburse an employer, who is not the employer at the time of
injury, for portions of the salary of a reemployed, disabled
beneficiary: Provided further, That balances of reimbursements
unobligated on September 30, 2001, shall remain available until expended
for the payment of compensation, benefits, and expenses: Provided
further, That in addition there shall be transferred to this
appropriation from the Postal Service and from any other corporation or
instrumentality required under section 8147(c) of title 5, United States
Code, to pay an amount for its fair share of the cost of administration,
such sums as the Secretary determines to be the cost of administration
for employees of such fair share entities through September 30, 2002:
Provided further, That of those funds transferred to this account from
the fair share entities to pay the cost of administration of the Federal
Employees' Compensation Act, $36,696,000 shall be made available to the
Secretary as follows: (1) for the operation of and enhancement to the
automated data processing systems, including document imaging and
conversion to a paperless office, $24,522,000; (2) for medical bill
review and periodic roll management, $11,474,000; (3) for communications
redesign, $700,000; and (4) the remaining funds shall be paid into the
Treasury as miscellaneous receipts: Provided further, That the Secretary
may require that any person filing a notice of injury or a claim for
benefits under chapter 81 of title 5, United States Code, or 33 U.S.C.
901 et seq., provide as part of such notice and claim, such identifying
information (including Social Security account number) as such
regulations may prescribe.
energy employees occupational illness compensation fund
(including transfer of funds)
For necessary expenses to administer the Energy Employees
Occupational Illness Compensation Act, $136,000,000, to remain available
until expended: Provided, That the Secretary of Labor is authorized to
transfer to any Executive agency with authority under the Energy
Employees Occupational Illness Compensation
[[Page 115 STAT. 2182]]
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)
For payments from the Black Lung Disability Trust Fund,
$1,036,115,000, of which $981,283,000 shall be available until September
30, 2003, for payment of all benefits as authorized by section
9501(d)(1), (2), (4), and (7) of the Internal Revenue Code of 1954, as
amended, and interest on advances as authorized by section 9501(c)(2) of
that Act, and of which $31,558,000 shall be available for transfer to
Employment Standards Administration, Salaries and Expenses, $22,590,000
for transfer to Departmental Management, Salaries and Expenses, $328,000
for transfer to Departmental Management, Office of Inspector General,
and $356,000 for payment into miscellaneous receipts for the expenses of
the Department of Treasury, for expenses of operation and administration
of the Black Lung Benefits program as authorized by section 9501(d)(5)
of that Act: Provided, That, in addition, such amounts as may be
necessary may be charged to the subsequent year appropriation for the
payment of compensation, interest, or other benefits for any period
subsequent to August 15 of the current year.
Occupational Safety and Health Administration
salaries and expenses
For necessary expenses for the Occupational Safety and Health
Administration, $443,651,000, including not to exceed $89,747,000 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, <<NOTE: 29 USC 670 note.>> 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
[[Page 115 STAT. 2183]]
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, $254,768,000, 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 <<NOTE: 30 USC
962.>> authorized to accept lands,
[[Page 115 STAT. 2184]]
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, $397,142,000, 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.
Office of Disability Employment Policy
salaries and expenses
For necessary expenses for the Office of Disability Employment
Policy to provide leadership, develop policy and initiatives, and award
grants furthering the objective of eliminating barriers to the training
and employment of people with disabilities, $38,158,000, of which
$2,640,000 shall be for the President's Task Force on the Employment of
Adults with Disabilities.
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 activities
conducted by or through the Bureau of International Labor Affairs,
including bilateral and multilateral technical assistance and other
international labor activities, of which the funds designated to carry
out bilateral assistance under the international child labor initiative
shall be available for obligation through September 30, 2003, and
$50,000,000, 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; $378,778,000; together with not
to exceed $310,000, which may be expended from the Employment Security
Administration Account in the Unemployment Trust Fund:
Provided, <<NOTE: 33 USC 921 note.>> 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
[[Page 115 STAT. 2185]]
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.).
veterans employment and training
Not to exceed $186,903,000 may be derived from the Employment
Security Administration Account in the Unemployment Trust Fund to carry
out the provisions of 38 U.S.C. 4100-4110A, 4212, 4214, and 4321-4327,
and Public Law 103-353, and which shall be available for obligation by
the States through December 31, 2002. To carry out the Stewart B.
McKinney Homeless Assistance Act and section 168 of the Workforce
Investment Act of 1998, $25,800,000, of which $7,550,000 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 <<NOTE: Notification.>> Committees of both Houses of
Congress are notified at least 15 days in advance of any transfer.
This title may be cited as the ``Department of Labor Appropriations
Act, 2002''.
[[Page 115 STAT. 2186]]
TITLE II--DEPARTMENT <<NOTE: Department of Health and Human Services
Appropriations Act, 2002.>> 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, $6,081,237,000, of which $311,978,000
shall be available for construction and renovation of health care and
other facilities, and of which $40,000,000 from general revenues,
notwithstanding section 1820(j) of the Social Security Act, shall be
available for carrying out the Medicare rural hospital flexibility
grants program under section 1820 of such Act: Provided, That of the
funds made available under this heading, $250,000 shall be available
until expended for facilities renovations at the Gillis W. Long Hansen's
Disease Center: Provided further, <<NOTE: Fees.>> That in addition to
fees authorized by section 427(b) of the Health Care Quality Improvement
Act of 1986, fees shall be collected for the full disclosure of
information under the Act sufficient to recover the full costs of
operating the National Practitioner Data Bank, and shall remain
available until expended to carry out that Act: Provided further, That
fees collected for the full disclosure of information under the ``Health
Care Fraud and Abuse Data Collection Program'', authorized by section
1128E(d)(2) of the Social Security Act, shall be sufficient to recover
the full costs of operating the program, and shall remain available
until expended to carry out that Act: Provided further, That no more
than $15,000,000 is available for carrying out the provisions of Public
Law 104-73: Provided further, That of the funds made available under
this heading, $265,085,000 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 $639,000,000 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 under this
heading, $80,000 shall be for the Wausau Health Foundation in Wausau,
Wisconsin, for a survey and analysis of local health professionals'
career paths to better understand entry into and exit from health
professions, $100,000 shall be for the University of San Diego Institute
for the Advancement of Health Policy to assess through teaching,
research and delivery of services the impact of public policy on
families from vulnerable populations, $200,000 shall be for the Luna
County, New Mexico and the Columbus Volunteer Fire Department to provide
emergency medical services to immigrants, $350,000 shall be for the
Clinical Pharmacy Training Program at the University of Hawaii at Hilo,
$475,000 shall be
[[Page 115 STAT. 2187]]
for the American Federation of Negro Affairs, $500,000 shall be for the
University of Washington Center for Health Workforce Studies in Seattle,
Washington, for a demonstration project to collect and analyze health
workforce data, $800,000 shall be for the University of Iowa for the
training of Certified Registered Nurse Anesthetists, $1,000,000 shall be
for the Washington Health Foundation for a comprehensive demonstration
project on improving nurse retention, and $1,100,000 shall be for the
Iowa Department of Public Health to create a Center for Health Care
Workforce Shortage: Provided further, That, notwithstanding section
502(a)(1) of the Social Security Act, not to exceed $115,236,000 is
available for carrying out special projects of regional and national
significance pursuant to section 501(a)(2) of such Act, of which $50,000
is for the Center for Great Expectations, Somerville, New Jersey to
provide prenatal health care, education and counseling for pregnant
teens, $565,000 is for the Milwaukee Health Department for a pilot
program providing health care services to at-risk children in day care,
and $4,000,000 is for the Columbia Hospital for Women Medical Center in
Washington, D.C., to support community outreach programs for women:
Provided further, <<NOTE: Grants. Abstinence.>> That $10,000,000 is
available for special projects of regional and national significance
under section 501(a)(2) of the Social Security Act, which shall not be
counted toward compliance with the allocation required in section
502(a)(1) of such Act, and which 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 under the immediately preceding proviso 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
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.
[[Page 115 STAT. 2188]]
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, $4,293,151,000, of which $250,000,000 shall remain available
until expended for equipment and construction and renovation of
facilities, and of which $143,763,000 for international HIV/AIDS shall
remain available until September 30, 2003, and in addition, such sums as
may be derived from authorized user fees, which shall be credited to
this account: Provided, That in addition to amounts provided herein, up
to $23,286,000 shall be available from amounts available under section
241 of the Public Health Service Act to carry out the National Center
for Health Statistics surveys: Provided further, <<NOTE: Gun
control.>> 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, <<NOTE: Notification.>> 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, $4,190,405,000.
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, $2,576,125,000.
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, $343,327,000.
[[Page 115 STAT. 2189]]
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,
$1,466,833,000.
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,
$1,328,188,000.
national institute of allergy and infectious diseases
(including transfer of funds)
For carrying out section 301 and title IV of the Public Health
Service Act with respect to allergy and infectious diseases,
$2,372,278,000: Provided, That the Director may transfer up to
$25,000,000 to International Assistance Programs, ``Global Fund to Fight
HIV/AIDS, Malaria, and Tuberculosis'', to remain available until
expended.
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, $1,725,263,000.
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,
$1,113,605,000.
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,
$581,366,000.
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,
$566,639,000.
national institute on aging
For carrying out section 301 and title IV of the Public Health
Service Act with respect to aging, $893,443,000.
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, $448,865,000.
[[Page 115 STAT. 2190]]
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,
$342,072,000.
national institute of nursing research
For carrying out section 301 and title IV of the Public Health
Service Act with respect to nursing research, $120,451,000.
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, $384,238,000.
national institute on drug abuse
For carrying out section 301 and title IV of the Public Health
Service Act with respect to drug abuse, $888,105,000.
national institute of mental health
For carrying out section 301 and title IV of the Public Health
Service Act with respect to mental health, $1,248,626,000.
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, $429,515,000.
national institute of 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, $111,984,000.
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, $1,011,594,000: 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 $110,000,000 shall be for extramural facilities
construction grants, of which $5,000,000 shall be for beginning
construction of facilities for a Chimp Sanctuary system as authorized in
Public Law 106-551.
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,
$104,644,000.
[[Page 115 STAT. 2191]]
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, $157,812,000.
john e. fogarty international center
For carrying out the activities at the John E. Fogarty International
Center, $56,940,000.
national library of medicine
For carrying out section 301 and title IV of the Public Health
Service Act with respect to health information communications,
$277,658,000, 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, $235,540,000, of which $53,540,000 shall
be for the Office of AIDS Research: Provided, That funding shall be
available for the purchase of not to exceed 29 passenger motor vehicles
for replacement only: Provided further, That the Director may direct up
to 1 percent of the total amount made available in this or any other Act
to all National Institutes of Health appropriations to activities the
Director may so designate: Provided
further, <<NOTE: Notification.>> That no such appropriation shall be
decreased by more than 1 percent by any such transfers and that the
Congress is promptly notified of the transfer: Provided further, That
the National Institutes of Health is authorized to collect third party
payments for the cost of clinical services that are incurred in National
Institutes of Health research facilities and that such payments shall be
credited to the National Institutes of Health Management Fund: Provided
further, That all funds credited to the National Institutes of Health
Management Fund shall remain available for 1 fiscal year after the
fiscal year in which they are deposited.
buildings and facilities
(including transfer of funds)
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, $309,600,000, to remain available
until expended, of which $26,000,000 shall be for the John Edward Porter
Neuroscience Research Center: Provided, That notwithstanding any other
provision of law, single contracts or related contracts, which
collectively include the full scope of the project, may be employed for
the development and construction of the first and second phases of the
John Edward Porter Neuroscience Research Center: Provided further, That
the solicitations and contracts shall contain the clause ``availability
of funds'' found at 48 CFR 52.232-18: Provided further, That the
Director may
[[Page 115 STAT. 2192]]
transfer up to $75,000,000 to International Assistance Programs,
``Global Fund to Fight HIV/AIDS, Malaria, and Tuberculosis'', to remain
available until expended.
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, $3,138,279,000, of which $28,721,000 shall be available for
the projects and in the amounts specified in the statement of the
managers on the conference report accompanying this Act.
Agency for Healthcare Research and Quality
healthcare research and quality
For carrying out titles III and IX of the Public Health Service Act,
and part A of title XI of the Social Security Act, $2,600,000; in
addition, amounts received from Freedom of Information Act fees,
reimbursable and interagency agreements, and the sale of data shall be
credited to this appropriation and shall remain available until
expended: Provided, That the amount made available pursuant to section
926(b) of the Public Health Service Act shall not exceed $296,145,000.
Centers 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, $81,979,200,000.
[[Page 115 STAT. 2193]]
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 $2,440,798,000, to be transferred from
the Federal Hospital Insurance and the Federal Supplementary Medical
Insurance Trust Funds, as authorized by section 201(g) of the Social
Security Act; together with all funds collected in accordance with
section 353 of the Public Health Service Act and section 1857(e)(2) of
the Social Security Act, and such sums as may be collected from
authorized user fees and the sale of data, which shall remain available
until expended, 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
$100,000 of the amount available for research, demonstration, and
evaluation activities shall be awarded to the Regional Nursing Centers
Consortium in Philadelphia to initiate a demonstration project to
evaluate 15 nurse-managed health centers in urban and rural areas across
Pennsylvania: Provided further, That $200,000 of the amount available
for research, demonstration, and evaluation activities shall be awarded
to the Madonna Rehabilitation Center in Lincoln, Nebraska to create a
new standard of rehabilitation practice and program design for children
and adults with disabilities: Provided further, That $250,000 of the
amount available for research, demonstration, and evaluation activities
shall be awarded to the Cook County, Illinois Bureau of Health for the
Asthma Champion Initiative to reduce morbidity and mortality from asthma
in high prevalence areas: Provided further, That $250,000 of the amount
available for research, demonstration, and evaluation activities shall
be awarded to the Illinois Primary Health Care Association to implement
the Shared Integrated Management Information System providing
centralized case management, reimbursement and administrative support
services: Provided further, That $500,000 of the amount available for
research, demonstration, and evaluation activities shall be awarded to
Project Access in Muskegon, Michigan to offer affordable insurance to
uninsured workers, primarily in small business, and low-income
individuals: Provided further, That $590,000 of the amount available for
research, demonstration, and evaluation activities shall be awarded to
Santa Clara County, California, for the outreach and application
assistance aspects of its Children's Health Initiative, to demonstrate
means of expanding enrollment of eligible children in Medicaid, SCHIP
and other available health care programs: Provided further, That
$800,000 of the amount available for research, demonstration, and
evaluation activities shall be awarded to the Fishing Partnership Health
Plan, based in Boston, Massachusetts, for a demonstration project on the
efficacy of using a community-based health benefit program to provide
health care coverage for lower-income independently employed workers and
their families: Provided further, That $800,000 of
[[Page 115 STAT. 2194]]
the amount available for research, demonstration, and evaluation
activities shall be awarded to the Mind-Body Institute of Boston,
Massachusetts to continue and expand a demonstration project: Provided
further, That $900,000 of the amount available for research,
demonstration, and evaluation activities shall be awarded to the
Children's Hospice International demonstration program to provide a
continuum of care for children with life-threatening conditions and
their families: Provided further, That $1,500,000 of the amount
available for research, demonstration, and evaluation activities shall
be awarded to the Iowa Department of Public Health for the continuation
of a prescription drug cooperative demonstration: Provided further, That
$2,000,000 of the amount available for research, demonstration, and
evaluation activities shall be awarded to the AIDS Healthcare Foundation
in Los Angeles for a demonstration of residential and outpatient
treatment facilities: Provided further, That the Secretary of Health and
Human Services is directed to collect fees in fiscal year 2002 from
Medicare+Choice organizations pursuant to section 1857(e)(2) of the
Social Security Act and from eligible organizations with risk-sharing
contracts under section 1876 of that Act pursuant to section
1876(k)(4)(D) of that Act.
health maintenance organization loan and loan guarantee fund
For carrying out subsections (d) and (e) of section 1308 of the
Public Health Service Act, any amounts received by the Secretary in
connection with loans and loan guarantees under title XIII of the Public
Health Service Act, to be available without fiscal year limitation for
the payment of outstanding obligations. During fiscal year 2002, no
commitments for direct loans or loan guarantees shall be made.
Administration for Children and Families
payments to states for child support enforcement and family support
programs
For making payments to States or other non-Federal entities under
titles I, IV-D, X, XI, XIV, and XVI of the Social Security Act and the
Act of July 5, 1960 (24 U.S.C. ch. 9), $2,447,800,000, to remain
available until expended; and for such purposes for the first quarter of
fiscal year 2003, $1,100,000,000, to remain available until expended.
For making payments to each State for carrying out the program of
Aid to Families with Dependent Children under title IV-A of the Social
Security Act before the effective date of the program of Temporary
Assistance to Needy Families (TANF) with respect to such State, such
sums as may be necessary: Provided, That the sum of the amounts
available to a State with respect to expenditures under such title IV-A
in fiscal year 1997 under this appropriation and under such title IV-A
as amended by the Personal Responsibility and Work Opportunity
Reconciliation Act of 1996 shall not exceed the limitations under
section 116(b) of such Act.
For making, after May 31 of the current fiscal year, payments to
States or other non-Federal entities under titles I, IV-D, X, XI, XIV,
and XVI of the Social Security Act and the Act of July 5, 1960 (24
U.S.C. ch. 9), for the last 3 months of the current
[[Page 115 STAT. 2195]]
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
for the unanticipated home energy assistance needs of one or more
States, as authorized by section 2604(e) of the Act: Provided further,
That these funds are hereby designated by Congress to be emergency
requirements pursuant to section 251(b)(2)(A) of the Balanced Budget and
Emergency Deficit Control Act of 1985: Provided further, That these
funds shall be made available only after submission to Congress of an
official budget request by the President that includes designation of
the entire amount of the request as an emergency requirement as defined
in the Balanced Budget and Emergency Deficit Control Act of 1985.
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), $450,203,000: Provided, That funds appropriated pursuant to
section 414(a) of the Immigration and Nationality Act for fiscal year
2002 shall be available for the costs of assistance provided and other
activities through September 30, 2004: Provided further, That up to
$10,000,000 is available to carry out the Trafficking Victims Protection
Act of 2000.
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), $2,099,994,000 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
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
subparagraph (B) of section 404(d)(2) of such Act, the applicable
percent specified under such subparagraph for a State to carry
[[Page 115 STAT. 2196]]
out State programs pursuant to title XX of such Act shall be 10 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, $8,429,183,000, 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 $738,821,000 shall be for making payments under the Community
Services Block Grant Act; and of which $6,537,906,000 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 $88,133,000 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 $39,739,900 is for the transitional living program:
Provided further, That $30,000,000 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, <<NOTE: Procedures. 42
USC 9921 note.>> That the Secretary shall establish procedures regarding
the disposition of intangible property
[[Page 115 STAT. 2197]]
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 subpart 2 of part B of title IV of the Social
Security Act, $305,000,000. In addition, for such purposes, $70,000,000
to carry out such subpart.
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, $4,885,600,000.
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, $1,199,814,000, 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, $341,703,000,
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,
[[Page 115 STAT. 2198]]
That of this amount, $50,000,000 is for minority AIDS prevention and
treatment activities; and $21,998,000 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 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.
office for civil rights
For expenses necessary for the Office for Civil Rights, $28,691,000,
together with not to exceed $3,314,000, to be transferred and expended
as authorized by section 201(g)(1) of the Social Security Act from the
Hospital Insurance Trust Fund and the Supplemental Medical Insurance
Trust Fund.
policy research
For carrying out, to the extent not otherwise provided, research
studies under section 1110 of the Social Security Act and title III of
the Public Health Service Act, $2,500,000: Provided, That in addition to
amounts provided herein, funds from amounts available under section 241
of the Public Health Service Act may be used to carry out national
health or human services research and evaluation activities: Provided
further, That the expenditure of any funds available under section 241
of the Public Health Service Act are subject to the requirements of
section 205 of this Act.
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.
public health and social services emergency fund
For expenses necessary to support activities related to countering
potential biological, disease and chemical threats to civilian
populations, $242,949,000: Provided, That this amount is distributed as
follows: Centers for Disease Control and Prevention, $181,919,000, of
which $52,000,000 shall remain available until expended for the National
Pharmaceutical Stockpile; and Office of Emergency Preparedness,
$61,030,000.
[[Page 115 STAT. 2199]]
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. <<NOTE: Children, youth and families. AIDS.>> 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 399L(b) of the Public Health Service Act or section
1503 of the National Institutes of Health Revitalization Act of 1993,
Public Law 103-43.
Sec. 204. None of the funds appropriated in this Act for the
National Institutes of Health, the Agency for Healthcare Research and
Quality, 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. <<NOTE: Reports.>> 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 1.25 percent, of any amounts appropriated for programs authorized
under said Act 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 an
appropriation may be increased by up to an additional 2 percent subject
to approval by the House and Senate Committees on Appropriations:
Provided further, <<NOTE: Notification.>> 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, <<NOTE: Notification.>> That
the Congress is promptly notified of the transfer.
Sec. 209. <<NOTE: HIV.>> 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
[[Page 115 STAT. 2200]]
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. <<NOTE: Family planning.>> 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. <<NOTE: Abortion.>> 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
[[Page 115 STAT. 2201]]
the State misses the retailer compliance rate goal established by the
Secretary of Health and Human Services under section 1926 of such Act.
(c) <<NOTE: Inter-governmental relations. Tobacco.>> 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). <<NOTE: Reports. Deadline.>> 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) <<NOTE: Deadline.>> 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. 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. 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 paragraphs (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 title 22, United States Code.
Sec. 216. The Division of Federal Occupational Health may utilize
personal services contracting to employ professional management/
administrative and occupational health professionals.
Sec. 217. 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. 218. 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) <<NOTE: Popular name.>> 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''.
[[Page 115 STAT. 2202]]
TITLE III--DEPARTMENT OF EDUCATION <<NOTE: Department of Education
Appropriations Act, 2002.>>
education for the disadvantaged
For carrying out title I of the Elementary and Secondary Education
Act of 1965 (``ESEA'') and section 418A of the Higher Education Act of
1965, $12,346,900,000, of which $4,777,199,000 shall become available on
July 1, 2002, and shall remain available through September 30, 2003, and
of which $7,383,301,000 shall become available on October 1, 2002, and
shall remain available through September 30, 2003, for academic year
2002-2003: Provided, That $235,000,000 shall be available for
comprehensive school reform grants under part F of the ESEA: Provided
further, That $15,000,000 of the amount appropriated for title I, part
B, subpart 1 shall become available October 1, 2001, and shall remain
available through September 30, 2003, for evaluation and technical
assistance: Provided further, That the funds provided for title I, part
B, subpart 2 shall become available October 1, 2001, and shall remain
available through September 30, 2003: Provided further, That
$7,172,971,000 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
$1,018,499,000 shall be available for targeted grants under section
1125: Provided further, That $793,499,000 shall be available for
education finance incentive grants under section 1125A.
impact aid
For carrying out programs of financial assistance to federally
affected schools authorized by title VIII of the Elementary and
Secondary Education Act of 1965, $1,143,500,000, 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), $48,000,000 shall be for construction under section 8007 and
shall remain available through September 30, 2003, $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: Provided, That $3,000,000 of the funds for section
8007 shall be available for the local educational agencies and in the
amounts specified in the statement of the managers on the conference
report accompanying this Act.
school improvement programs
For carrying out school improvement activities authorized by titles
II, IV, V, VI, and parts B and C of title VII of the Elementary and
Secondary Education Act of 1965; part B of title II of the Higher
Education Act; the McKinney-Vento Homeless Assistance Act; and the Civil
Rights Act of 1964, $7,827,473,000, of which $1,717,609,000 shall become
available October 1, 2001, and shall remain available through September
30, 2003, of which $2,801,597,000 shall become available on July 1,
2002, and remain available through September 30, 2003, and of which
$1,765,000,000
[[Page 115 STAT. 2203]]
shall become available on October 1, 2002, and shall remain available
through September 30, 2003, for academic year 2002-2003: Provided, That
$75,000,000 for continuing and new grants to demonstrate effective
approaches to comprehensive school reform shall be allocated and
expended in the same manner as the funds provided under the Fund for the
Improvement of Education for this purpose were allocated and expended in
fiscal year 2001: Provided further, That $142,189,000 shall be available
to support the activities authorized under subpart 4 of part D of title
V of the ESEA, of which up to 5 percent shall become available on
October 1, 2001, for evaluation, technical assistance, school
networking, peer review of applications, and program outreach activities
and of which not less than 95 percent shall become available on July 1,
2002, and remain available through September 30, 2003, for grants to
local educational agencies: Provided further, That funds made available
to local educational agencies under this subpart shall be used only for
activities related to establishing smaller learning communities in high
schools: Provided further, That of the amount made available for subpart
3, part C, of title II of the ESEA, $2,000,000 shall be used by the
Center for Civic Education to implement a comprehensive program to
improve public knowledge, understanding, and support of the Congress and
the state legislatures: Provided further, That $269,906,000 of the funds
for subpart 1, part D of title V of the ESEA shall be available for the
projects and in the amounts specified in the statement of the managers
on the conference report accompanying this Act.
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, $120,368,000.
bilingual and immigrant education
For carrying out title III, part A of the ESEA, $665,000,000, of
which $415,000,000 shall become available on July 1, 2002, and shall
remain available through September 30, 2003.
special education
For carrying out the Individuals with Disabilities Education Act,
$8,672,804,000, of which $3,315,233,000 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: Provided
further, That $8,380,000 of the funds for section 672 of the Act shall
be available
[[Page 115 STAT. 2204]]
for the projects and in the amounts specified in the statement of the
managers on the conference report accompanying this 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, $2,945,813,000, of which
$56,552,000 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, <<NOTE: Grants.>> That in the
case of a State that was in the third year of a 3-year extension grant
made pursuant to section 101(f) of the Assistive Technology Act of 1998
for fiscal year 2001, the Secretary of Education shall award under such
section an additional 1-year extension of the grant to such State for
fiscal year 2002 in an amount equal to the amount the State received
under such section for fiscal year 2001: Provided further, That each
State shall be provided $50,000 for activities under section 102 of the
AT Act: Provided further, That $36,552,000 shall be used to support
grants for up to 3 years to States under title III of the AT Act, of
which the Federal share shall not exceed 75 percent in the first year,
50 percent in the second year, and 25 percent in the third year, and
that the requirements in section 301(c)(2) and section 302 of that Act
shall not apply to such grants: Provided further, That $3,746,000 of the
funds for section 303 of the Rehabilitation Act of 1973 shall be
available for the projects and in the amounts specified in the statement
of the managers on the conference report accompanying this Act.
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.),
$55,376,000, of which $5,376,000 shall be for construction and shall
remain available until expended: Provided, That from the total amount
available, the Institute may at its discretion use funds for the
endowment program as authorized under section 207.
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.), $96,938,000: Provided, That from the total amount
available, the University may at its discretion use funds for the
endowment program as authorized under section 207.
[[Page 115 STAT. 2205]]
vocational and adult education
For carrying out, to the extent not otherwise provided, the Carl D.
Perkins Vocational and Applied Technology 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,
$1,934,060,000, of which $1,136,560,000 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 Applied
Technology Education Act, $6,500,000 shall be for tribally controlled
postsecondary vocational and technical institutions under section 117:
Provided further, That notwithstanding any other provision of law or any
regulation, the Secretary of Education shall not require the use of a
restricted indirect cost rate for grants issued pursuant to section 117
of the Carl D. Perkins Vocational and Applied Technology Education Act:
Provided further, That $9,500,000 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 Applied Technology 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.
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,
$12,285,500,000, which shall remain available through September 30,
2003.
The <<NOTE: 20 USC 1070a note.>> maximum Pell Grant for which a
student shall be eligible during award year 2002-2003 shall be $4,000.
[[Page 115 STAT. 2206]]
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, section 1543 of the Higher Education Amendments of
1992, title VIII of the Higher Education Amendments of 1998, and the
Mutual Educational and Cultural Exchange Act of 1961, $2,031,048,000, of
which $5,000,000 for interest subsidies authorized by section 121 of the
Higher Education Act of 1965, shall remain available until expended:
Provided, That $10,000,000, to remain available through September 30,
2003, shall be available to fund fellowships for academic year 2003-2004
under part A, subpart 1 of title VII of said Act, under the terms and
conditions of part A, subpart 1: Provided further, That $1,000,000 is
for data collection and evaluation activities for programs under the
Higher Education Act of 1965, including such activities needed to comply
with the Government Performance and Results Act of 1993: Provided
further, That $17,500,000 shall be available for tribally controlled
colleges and universities under section 316 of the Higher Education Act
of 1965: Provided further, That notwithstanding any other provision of
law, funds made available in this Act to carry out title VI of the
Higher Education Act of 1965, as amended, and section 102(b)(6) of the
Mutual Educational and Cultural Exchange Act of 1961 may be used to
support visits and study in foreign countries by individuals who are
participating in advanced foreign language training and international
studies in areas that are vital to United States national security and
who plan to apply their language skills and knowledge of these countries
in the fields of government, the professions, or international
development: Provided further, That up to one percent of the funds
referred to in the preceding proviso may be used for program evaluation,
national outreach, and information dissemination activities: Provided
further, That $149,722,000 of the funds for part B of title VII of the
Higher Education Act of 1965 shall be available for the projects and in
the amounts specified in the statement of the managers on the conference
report accompanying this Act.
howard university
For partial support of Howard University (20 U.S.C. 121 et seq.),
$237,474,000, 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.
[[Page 115 STAT. 2207]]
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; section 4 of the No Child Left Behind Act of 2001; and title
VI, part A of the Elementary and Secondary Education Act, $443,870,000:
Provided, That $58,000,000 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.
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. <<NOTE: Busing. Desegregation.>> 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. <<NOTE: Busing.>> 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
[[Page 115 STAT. 2208]]
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. <<NOTE: School prayer.>> 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, <<NOTE: Notification.>> That the Appropriations
Committees of both Houses of Congress are notified at least 15 days in
advance of any transfer.
Sec. 305. (a) Section 1543(a) of the Higher Education Amendments of
1992 (20 U.S.C. 1070 note) is amended by striking paragraph (2) and
inserting the following:
``(2) Award determination.--The amount of the financial
assistance provided to an athlete described in paragraph (1)
shall be determined in accordance with criteria, and in amounts,
specified in the application of the center under subsection (c).
Such assistance shall not exceed the athlete's cost of
attendance as determined under section 472 of the Higher
Education Act of 1965 (20 U.S.C. 1087ll).
``(3) Information <<NOTE: Reports.>> on distribution of
assistance.--Each center providing such assistance shall
annually report to the Secretary such information as the
Secretary may reasonably require on the distribution of such
assistance among athletes and institutions of higher education.
The Secretary shall compile such reports and submit them to the
Committees on Education and the Workforce and Appropriations of
the House of Representatives and the Committees on Health,
Education, Labor, and Pensions and Appropriations of the
Senate.''.
(b) <<NOTE: Applicability. 20 USC 1070 note.>> The amendments made
by subsection (a) shall apply with respect to any funds appropriated
pursuant to section 1543(d) of the Higher Education Amendments of 1992,
including funds appropriated pursuant to that section in fiscal years
2000 and 2001, that are available for financial assistance under section
1543 on or after the date of enactment of this Act.
Sec. 306. (a) Notwithstanding sections 413D, 442, and 488 of the
Higher Education Act of 1965, the Secretary of Education may reallocate,
from funds made available under the heading ``Student Financial
Assistance'' to carry out part C of title IV of that Act, excess
allocations for fiscal year 2002 in an amount not to exceed $1,000,000
in the aggregate to institutions of higher education described in
subsection (b) for the purposes described in subsection (c). The
reallocation to each such institution shall be made in accordance with
subsection (d). Such excess allocations shall remain available for
obligation until March 31, 2004.
[[Page 115 STAT. 2209]]
(b) An institution of higher education may receive a reallocation
under subsection (a) if the institution--
(1) is, on the date of enactment of this Act, participating
in the Federal Supplemental Educational Opportunity Grant and
Federal Work Study programs under subpart 3 of part A, and part
C of title IV of that Act, respectively;
(2) initially began participating in both such programs
during or after 1989, but not later than 1999;
(3) has a current enrollment of not less than 2,000
students;
(4) provides educational programs for which the institution
awards baccalaureate and graduate degrees;
(5) has experienced an actual enrollment increase of 75
percent or more since the institution began participating in
such programs; and
(6) charged, for academic year 2000-2001, in-State tuition
and fees for a full-time undergraduate student that were less
than such tuition and fees charged by the institution for
academic year 1998-1999.
(c) An institution of higher education that receives a reallocation
under subsection (a) may use that reallocation for Federal Supplemental
Educational Opportunity Grants or Federal Work Study awards.
(d)(1) A reallocation made under subsection (a) to an institution
described in subsection (b) shall be determined by calculating the
difference between--
(A) the amount (commonly referred to as the ``base
guarantee'') that the institution received under section 413D(a)
or 442(a) of that Act, as the case may be; and
(B) the amount that the institution would receive pursuant
to section 413D(a)(2)(B)(ii) or 442(a)(2)(B)(ii) of that Act, as
the case may be, if the institution were beginning its program
participation in the 2002-2003 academic year.
(2) If the amounts available for reallocation under subsection (a)
are insufficient to fully fund the amounts determined under paragraph
(1) of this subsection to each institution described in subsection (b),
then the amount to be reallocated to each such institution shall be
ratably reduced.
(e) The Secretary may use such data as he determines appropriate in
order to carry out this section.
Sec. 307. If this Act is enacted before H.R. 1, the No Child Left
Behind Act of 2001, is enacted, then references to the Elementary and
Secondary Education Act of 1965 or to any other Acts that would be
amended by H.R. 1 shall be read to be references to those Acts as they
would be amended by H.R. 1 (including amendments made by H. Con. Res.
289, as passed by the House and the Senate).
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,
[[Page 115 STAT. 2210]]
$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, $328,895,000: 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, $380,000,000: 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, <<NOTE: Discrimination.>> 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
[[Page 115 STAT. 2211]]
Law 95-454 (5 U.S.C. ch. 71), $39,982,000, 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,
$197,602,000: Provided, That of the amount provided, $2,000,000 shall be
awarded to the National Museum of African American History and Culture
Plan for Action Presidential Commission, $250,000 shall be awarded to
American Village Project in Montevallo, Alabama, $20,000 shall be
awarded to Evergreen-Conecuh Public Library, Alabama, $50,000 shall be
awarded to Gordo Public Library, Pickens County Commission, Alabama,
$300,000 shall be awarded to Mobile Museum of Art, Mobile, Alabama,
$1,500,000 shall be awarded to National Museum for Women in the Arts,
$300,000 shall be awarded to Tuskegee Human and Civil Rights
Multicultural Center, $50,000 shall be awarded to Heard Museum, Phoenix,
Arizona, $800,000 shall be awarded to Children's Museum of Los Angeles,
California, $150,000 shall be awarded to Chinese American Museum, Los
Angeles, California, $750,000 shall be awarded to Natural History Museum
of Los Angeles County, California, $290,000 Santa Barbara Maritime
Museum, $25,000 Santa Maria Valley Discovery Museum, California,
$1,000,000 shall be awarded to The Fine Arts Museums of San Francisco,
$150,000 shall be awarded to Bethel Public Library, Connecticut,
$500,000 shall be awarded to Mattatuck Museum in Waterbury, Connecticut,
$250,000 shall be awarded to Museum of Aviation, Warner Robins, Georgia,
$700,000 shall be awarded to Bishops Museum in Honolulu, Hawaii,
$500,000 shall be awarded to Grout Museum in Waterloo, Iowa, $61,000
shall be awarded to Iowa State Historical Society, $389,000 shall be
awarded to The National Audobon Society's ARK Museum in Dubuque, Iowa,
$750,000 shall be awarded to University of Idaho Performance and
Education Facility, $50,000 shall be awarded to Adler Planetarium and
Astronomy Museum, $100,000 shall be awarded to Johnson County Museum of
History, Franklin, Indiana,
[[Page 115 STAT. 2212]]
$125,000 shall be awarded to Plimoth Plantation, Plymouth,
Massachusetts, $1,000,000 shall be awarded to Shakespeare Rose Theater,
$150,000 shall be awarded to Springfield-Greene County Library,
Springfield, Missouri, $1,160,000 shall be awarded to Webster
University, St. Louis, Missouri, $850,000 shall be awarded to University
of Mississippi Foundation, Oxford, Mississippi, $350,000 shall be
awarded to University of Mississippi, Oxford, Mississippi, $132,000
shall be awarded to Lois Morgan Edward Memorial Library, Nashville,
North Carolina, $100,000 shall be awarded to Rocky Mount Children's
Museum, $100,000 shall be awarded to Confluence Visitor Center in
Williston, North Dakota and the North Dakota State Historical Society,
$100,000 shall be awarded to Fort Mandan Visitor's Center, $100,000
shall be awarded to Mandan-on-a-Slant Museum, $1,000,000 shall be
awarded to Franklin Pierce College, $160,000 shall be awarded to
Monmouth University, West Long Branch, New Jersey, $100,000 shall be
awarded to Princeton Public Library, Mercer County, New Jersey, $125,000
shall be awarded to Albany Institute for History and Art, $1,000,000
shall be awarded to Brooklyn Historical Society, New York, $22,500 shall
be awarded to Buffalo and Erie County Library System, Buffalo, New York,
$250,000 shall be awarded to Center for Jewish History, New York, New
York, $150,000 shall be awarded to Children's Museum of Manhattan, New
York, $105,000 shall be awarded to Four County Library System, Vestal,
New York, $500,000 shall be awarded to Hunter College, New York,
$200,000 shall be awarded to Long Island Maritime Museum in West
Sayville, New York, $750,000 shall be awarded to Lower East Side
Tenement Museum, New York, $1,000,000 shall be awarded to New York Hall
of Science, $22,500 shall be awarded to NIOGA Library System of Niagara
and Orleans County, New York, $100,000 shall be awarded to The Woodstock
Guild of Craftsmen, Inc., Woodstock, New York, $100,000 shall be awarded
to Clark County Historical Museum, $40,000 shall be awarded to Cleveland
Botanical Garden, Cleveland, Ohio, $500,000 shall be awarded to Crawford
Museum, Cleveland, Ohio, $42,000 shall be awarded to Farmer's Castle
Museum in Belpre, $500,000 shall be awarded to MAPS Air Museum, Canton
Ohio, $44,000 shall be awarded to McKinley Museum, Canton, Ohio, $50,000
shall be awarded to University of Oregon Museum of Natural History in
Eugene, Oregon, $150,000 shall be awarded to Academy of Natural Sciences
in Philadelphia County, $100,000 shall be awarded to Beaver Area
Memorial Library, Beaver County, Pennsylvania, $300,000 shall be awarded
to Delaware Valley Historical Aircraft Association, $100,000 shall be
awarded to Discovery Square, Inc. in Erie, Pennsylvania, $200,000 shall
be awarded to Everhart Museum in Scranton, Pennsylvania, $300,000 shall
be awarded to National Liberty Museum in Philadelphia, Pennsylvania,
$126,000 shall be awarded to Northland Public Library Authority,
Pittsburgh, Pennsylvania, $235,000 shall be awarded to Penn Hills Public
Library in Pittsburgh, Pennsylvania, $250,000 shall be awarded to
Philadelphia Zoo, $100,000 shall be awarded to Pittsburgh Children's
Museum, $700,000 shall be awarded to Please Touch Museum at the
Children's Museum of Philadelphia, Pennsylvania, $50,000 shall be
awarded to Wayne Art Center in Wayne, Pennsylvania, $50,000 shall be
awarded to Bamberg County Library in Bamberg, South Carolina, $50,000
shall be awarded to Clarendon County Library in Manning, South Carolina,
$500,000 shall be
[[Page 115 STAT. 2213]]
awarded to Marion Wright Edelman Public Library, Bennettsville, South
Carolina, $600,000 shall be awarded to The Children's Discovery House,
Murfreesboro, Tennessee, $150,000 shall be awarded to The International
Storytelling Center in Jonesborough, Tennessee, $500,000 shall be
awarded to El Progreso Library, Uvalde, Texas, $500,000 shall be awarded
to Vietnam Archive Center, Texas Tech University, Lubbock, Texas,
$800,000 shall be awarded to Children's Museum of Virginia, Portsmouth,
Virginia, $325,000 shall be awarded to Virginia Living Museum, $100,000
shall be awarded to Burlington City Arts in Burlington, Vermont,
$125,000 shall be awarded to Lake Champlain Science Center in
Burlington, Vermont, $175,000 shall be awarded to Vermont Historical
Society in Montpelier, Vermont, $100,000 shall be awarded to Beaver
Creek Reserve Education Center, Fall Creek, Wisconsin, $500,000 shall be
awarded to The Kenosha Civil War Museum in Kenosha, Wisconsin, $75,000
shall be awarded to Village of Hawkins, Wisconsin, and $500,000 shall be
awarded to Weis Earth Science Museum in Menasha, Wisconsin.
Medicare Payment Advisory Commission
salaries and expenses
For expenses necessary to carry out section 1805 of the Social
Security Act, $8,250,000, 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), $1,000,000.
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 costs associated with the termination of
the National Education Goals Panel, $400,000.
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
[[Page 115 STAT. 2214]]
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.
[[Page 115 STAT. 2215]]
limitation on the office of inspector general
For expenses necessary for the Office of Inspector General for
audit, investigatory and review activities, as authorized by the
Inspector General Act of 1978, as amended, not more than $6,261,000, 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.
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.
[[Page 115 STAT. 2216]]
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.
[[Page 115 STAT. 2217]]
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, <<NOTE: Notification.>> 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, $15,104,000.
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) <<NOTE: Lobbying.>> 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 $23,000 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
[[Page 115 STAT. 2218]]
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. <<NOTE: Needle exchange.>> 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.
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) <<NOTE: Abortion.>> None of the funds appropriated
under this Act, and none of the funds in any trust fund to which funds
are appropriated under this Act, shall be expended for any abortion.
(b) None of the funds appropriated under this Act, and none of the
funds in any trust fund to which funds are appropriated under this Act,
shall be expended for health benefits coverage that includes coverage of
abortion.
(c) The term ``health benefits coverage'' means the package of
services covered by a managed care provider or organization pursuant to
a contract or other arrangement.
Sec. 509. (a) <<NOTE: Abortion.>> 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.
[[Page 115 STAT. 2219]]
(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) <<NOTE: Embryos.>> 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. <<NOTE: Drugs and drug abuse.>> (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. <<NOTE: Contracts.>> 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. (a) Section 10 of the Native Hawaiian Health Care
Improvement Act (42 U.S.C. 11709) is amended--
[[Page 115 STAT. 2220]]
(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. 515. <<NOTE: 28 USC 377 note.>> (a) 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) 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) Full-time recall service performed by a qualified magistrate
judge shall be credited for service in calculating an annuity elected
under this section.
(d) The Director of the Administrative Office of the United States
Courts may promulgate regulations to carry out this section.
Sec. 516. 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
$25,000,000: Provided, That this provision shall not apply to the Food
and Drug Administration and the Indian Health Service: Provided
further, <<NOTE: Deadline. Reports.>> 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 House and Senate Committees on Appropriations
the accounts subject to the pro rata reductions and the amount to be
reduced in each account.
TITLE VI--EXTENSION <<NOTE: Mark-to-Market Extension Act of 2001.>> OF
MARK-TO-MARKET PROGRAM FOR MULTIFAMILY ASSISTED HOUSING
SEC. 601. <<NOTE: 42 USC 1437 note.>> 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.
[[Page 115 STAT. 2221]]
Sec. 603. Effective date.
Subtitle A--Multifamily Housing Mortgage and Assistance Restructuring
and Section 8 Contract Renewal
Sec. 611. Definition.
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. <<NOTE: 42 USC 1437f note.>> 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.
[[Page 115 STAT. 2222]]
SEC. 603. <<NOTE: 12 USC 1715n note.>> 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. DEFINITION.
Section 512 of the Multifamily Assisted Housing Reform and
Affordability Act of 1997 (42 U.S.C. 1437f note) is amended by adding at
the end the following new paragraph:
``(19) Office.--The term `Office' means the Office of
Multifamily Housing Assistance Restructuring established under
section 571.''.
SEC. 612. MARK-TO-MARKET PROGRAM AMENDMENTS.
(a) Funding for Tenant and Nonprofit Participation.--Section
514(f)(3)(A) of the Multifamily Assisted Housing Reform and
Affordability Act of 1997 (42 U.S.C. 1437f note) is amended--
(1) by striking ``Secretary may provide not more than
$10,000,000 annually in funding'' and inserting ``Secretary
shall make available not more than $10,000,000 annually in
funding, which amount shall be in addition to any amounts made
available under this subparagraph and carried over from previous
years,''; and
(2) by striking ``entities), and for tenant services,'' and
inserting ``entities), for tenant services, and for tenant
groups, nonprofit organizations, and public entities described
in section 517(a)(5),''.
(b) Exception Rents.--Section 514(g)(2)(A) of the Multifamily
Assisted Housing Reform and Affordability Act of 1997 (42 U.S.C. 1437f
note) is amended by striking ``restructured mortgages in any fiscal
year'' and inserting ``portfolio restructuring agreements''.
(c) Notice to Displaced Tenants.--Section 516(d) of the Multifamily
Assisted Housing Reform and Affordability Act of 1997 (42 U.S.C. 1437f
note) is amended by striking ``Subject to'' and inserting the following:
``(1) Notice to certain residents.--The Office shall notify
any tenant that is residing in a project or receiving assistance
under section 8 of the United States Housing Act of 1937 (42
U.S.C. 1437f) at the time of rejection under this section, of
such rejection, except that the Office may delegate the
responsibility to provide notice under this paragraph to the
participating administrative entity.
``(2) Assistance and moving expenses.--Subject to''.
(d) Restructuring Plans for Transfers of Prepayment Projects.--The
Multifamily Assisted Housing Reform and Affordability Act of 1997 (42
U.S.C. 1437f note) is amended--
(1) in section 524(e), by adding at the end the following
new paragraph:
[[Page 115 STAT. 2223]]
``(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.--
''.
[[Page 115 STAT. 2224]]
(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 <<NOTE: Procedures. Guidelines.>> 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.''.
[[Page 115 STAT. 2225]]
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 <<NOTE: 42 USC 1437f
note.>> 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--
[[Page 115 STAT. 2226]]
(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.-- <<NOTE: Effective dates.>>
``(1) Mark-to-market program.--Subtitle A (except for
section 524) is repealed effective October 1, 2006.
``(2) OMHAR.--Subtitle D (except for this section) is
repealed effective October 1, 2004.'';
(2) in subsection (b), by striking ``October 1, 2001'' and
inserting ``October 1, 2006'';
(3) in subsection (c), by striking ``upon September 30,
2001'' and inserting ``at the end of September 30, 2004''; and
(4) by striking subsection (d) and inserting the following
new subsection:
``(d) Transfer <<NOTE: Effective date.>> 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 <<NOTE: President.>> 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.''.
[[Page 115 STAT. 2227]]
(b) <<NOTE: 42 USC 1437f note.>> 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). <<NOTE: President. Deadline.>> The President shall make such an
appointment not later than 60 days after such position first becomes
vacant.''.
(b) <<NOTE: 42 USC 1437f note.>> 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
[[Page 115 STAT. 2228]]
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) <<NOTE: 12 USC 1701q note.>> 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 <<NOTE: 42 USC 11301 note.>> 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 PARITY
SEC. 701. EXTENSION OF CERTAIN PROVISIONS.
(a) ERISA.--Section 712(f) of the Employee Retirement Income
Security Act of 1974 (29 U.S.C. 1185a(f)) is amended by striking
``September 30, 2001'' and inserting ``December 31, 2002''.
(b) PHSA.--Section 2705(f) of the Public Health Service Act (42
U.S.C. 300gg-5(f)) is amended by striking ``September 30, 2001'' and
inserting ``December 31, 2002''.
(c) Internal Revenue Code of 1986.--Section 9812(f) of the Internal
Revenue Code of 1986 <<NOTE: 26 USC 9812.>> is amended by striking
``September 30, 2001'' and inserting ``December 31, 2002''.
SEC. 702. 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
Chairmen of the
[[Page 115 STAT. 2229]]
House and Senate Budget Committees, as appropriate, under the
Congressional Budget Act.
This Act may be cited as the ``Departments of Labor, Health and
Human Services, and Education, and Related Agencies Appropriations Act,
2002''.
Approved January 10, 2002.
LEGISLATIVE HISTORY--H.R. 3061 (S. 1536):
---------------------------------------------------------------------------
HOUSE REPORTS: Nos. 107-229 (Comm. on Appropriations) and 107-342
(Comm. of Conference).
SENATE REPORTS: No. 107-84 accompanying S. 1536 (Comm. on
Appropriations).
CONGRESSIONAL RECORD, Vol. 147 (2001):
Oct. 11, considered and passed House.
Oct. 30, 31, Nov. 1, 2, 6, considered and passed Senate,
amended.
Dec. 19, House agreed to conference report.
Dec. 20, Senate agreed to conference report.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 38 (2002):
Jan. 10, Presidential statement.
<all>