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[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>
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