PUBLIC LAW 107–116—JAN. 10, 2002 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.

Be it enacted by the Senate and House of Representatives of

the United States of America in Congress assembled, That the

following sums are appropriated, out of any money in the Treasury

not otherwise appropriated, for the Departments of Labor, Health

and Human Services, and Education, and related agencies for the

fiscal year ending September 30, 2002, and for other purposes,

namely:

TITLE I—DEPARTMENT OF LABOR

EMPLOYMENT AND TRAINING ADMINISTRATION

TRAINING AND EMPLOYMENT SERVICES

For necessary expenses of the Workforce Investment Act,

including the purchase and hire of passenger motor vehicles, the

construction, alteration, and repair of buildings and other facilities,

and the purchase of real property for training centers as authorized

by the Workforce Investment Act; 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)

Department of

Labor

Appropriations

Act, 2002.

Departments of

Labor, Health

and Human

Services, and

Education, and

Related Agencies

Appropriations

Act, 2002.

Jan. 10, 2002

[H.R. 3061]

115 STAT. 2178 PUBLIC LAW 107–116—JAN. 10, 2002

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

PUBLIC LAW 107–116—JAN. 10, 2002 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, 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 welfareto-work grants, together with not to exceed $48,507,000, which

Mississippi.

115 STAT. 2180 PUBLIC LAW 107–116—JAN. 10, 2002

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 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, 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

Reports.

Contracts.

PUBLIC LAW 107–116—JAN. 10, 2002 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

115 STAT. 2182 PUBLIC LAW 107–116—JAN. 10, 2002

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, 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

29 USC 670 note.

PUBLIC LAW 107–116—JAN. 10, 2002 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 firstaid work, and the hire of passenger motor vehicles; including up

to $1,000,000 for mine rescue and recovery activities, which shall

be available only to the extent that fiscal year 2002 obligations

for these activities exceed $1,000,000; in addition, not to exceed

$750,000 may be collected by the National Mine Health and Safety

Academy for room, board, tuition, and the sale of training materials,

otherwise authorized by law to be collected, to be available for

mine safety and health education and training activities, notwithstanding 31 U.S.C. 3302; and, in addition, the Mine Safety and

Health Administration may retain up to $1,000,000 from fees collected for the approval and certification of equipment, materials,

and explosives for use in mines, and may utilize such sums for

such activities; the Secretary is authorized to accept lands, 30 USC 962.

115 STAT. 2184 PUBLIC LAW 107–116—JAN. 10, 2002

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, 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

33 USC 921 note.

PUBLIC LAW 107–116—JAN. 10, 2002 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 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’’.

Notification.

115 STAT. 2186 PUBLIC LAW 107–116—JAN. 10, 2002

TITLE II—DEPARTMENT OF HEALTH AND HUMAN

SERVICES

HEALTH RESOURCES AND SERVICES ADMINISTRATION

HEALTH RESOURCES AND SERVICES

For carrying out titles II, III, VII, VIII, X, XII, XIX, and

XXVI of the Public Health Service Act, section 427(a) of the Federal

Coal Mine Health and Safety Act, title V and sections 1128E and

1820 of the Social Security Act, the Health Care Quality Improvement Act of 1986, as amended, the Native Hawaiian Health Care

Act of 1988, as amended, the Cardiac Arrest Survival Act of 2000,

and the Poison Control Center Enhancement and Awareness Act,

$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, 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

Fees.

Department of

Health and

Human Services

Appropriations

Act, 2002.

PUBLIC LAW 107–116—JAN. 10, 2002 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, 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.

Grants.

Abstinence.

115 STAT. 2188 PUBLIC LAW 107–116—JAN. 10, 2002

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, That none of the funds made available for injury

prevention and control at the Centers for Disease Control and

Prevention may be used to advocate or promote gun control: Provided further, That the Director may redirect the total amount

made available under authority of Public Law 101–502, section

3, dated November 3, 1990, to activities the Director may so designate: Provided further, That the Congress is to be notified

promptly of any such transfer: Provided further, That not to exceed

$10,000,000 may be available for making grants under section

1509 of the Public Health Service Act to not more than 15 States:

Provided further, That notwithstanding any other provision of law,

a single contract or related contracts for development and construction of facilities may be employed which collectively include the

full scope of the project: Provided further, That the solicitation

and contract shall contain the clause ‘‘availability of funds’’ found

at 48 CFR 52.232–18.

NATIONAL INSTITUTES OF HEALTH

NATIONAL CANCER INSTITUTE

For carrying out section 301 and title IV of the Public Health

Service Act with respect to cancer, $4,190,405,000.

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.

Notification.

Gun control.

PUBLIC LAW 107–116—JAN. 10, 2002 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.

115 STAT. 2190 PUBLIC LAW 107–116—JAN. 10, 2002

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.

PUBLIC LAW 107–116—JAN. 10, 2002 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 Inter- national 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, 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

Notification.

115 STAT. 2192 PUBLIC LAW 107–116—JAN. 10, 2002

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.

PUBLIC LAW 107–116—JAN. 10, 2002 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

115 STAT. 2194 PUBLIC LAW 107–116—JAN. 10, 2002

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

PUBLIC LAW 107–116—JAN. 10, 2002 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

115 STAT. 2196 PUBLIC LAW 107–116—JAN. 10, 2002

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, That the Secretary shall

establish procedures regarding the disposition of intangible property

Procedures.

42 USC 9921

note.

PUBLIC LAW 107–116—JAN. 10, 2002 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,

115 STAT. 2198 PUBLIC LAW 107–116—JAN. 10, 2002

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 Departmentwide 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.

PUBLIC LAW 107–116—JAN. 10, 2002 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. 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. 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, That the Appropriations Committees of both Houses of

Congress are notified at least 15 days in advance of any transfer.

SEC. 208. The Director of the National Institutes of Health,

jointly with the Director of the Office of AIDS Research, may

transfer up to 3 percent among institutes, centers, and divisions

from the total amounts identified by these two Directors as funding

for research pertaining to the human immunodeficiency virus: Provided, That the Congress is promptly notified of the transfer.

SEC. 209. Of the amounts made available in this Act for the

National Institutes of Health, the amount for research related to

the human immunodeficiency virus, as jointly determined by the

HIV.

Notification.

Notification.

Reports.

Children, youth

and families.

AIDS.

115 STAT. 2200 PUBLIC LAW 107–116—JAN. 10, 2002

Director of the National Institutes of Health and the Director of

the Office of AIDS Research, shall be made available to the ‘‘Office

of AIDS Research’’ account. The Director of the Office of AIDS

Research shall transfer from such account amounts necessary to

carry out section 2353(d)(3) of the Public Health Service Act.

SEC. 210. None of the funds appropriated in this Act may

be made available to any entity under title X of the Public Health

Service Act unless the applicant for the award certifies to the

Secretary that it encourages family participation in the decision

of minors to seek family planning services and that it provides

counseling to minors on how to resist attempts to coerce minors

into engaging in sexual activities.

SEC. 211. None of the funds appropriated by this Act (including

funds appropriated to any trust fund) may be used to carry out

the Medicare+Choice program if the Secretary denies participation

in such program to an otherwise eligible entity (including a Provider

Sponsored Organization) because the entity informs the Secretary

that it will not provide, pay for, provide coverage of, or provide

referrals for abortions: Provided, That the Secretary shall make

appropriate prospective adjustments to the capitation payment to

such an entity (based on an actuarially sound estimate of the

expected costs of providing the service to such entity’s enrollees):

Provided further, That nothing in this section shall be construed

to change the Medicare program’s coverage for such services and

a Medicare+Choice organization described in this section shall be

responsible for informing enrollees where to obtain information

about all Medicare covered services.

SEC. 212. Notwithstanding any other provision of law, no provider of services under title X of the Public Health Service Act

shall be exempt from any State law requiring notification or the

reporting of child abuse, child molestation, sexual abuse, rape,

or incest.

SEC. 213. The Foreign Operations, Export Financing, and

Related Programs Appropriations Act, 1990 (Public Law 101–167)

is amended— (1) in section 599D (8 U.S.C. 1157 note)—

(A) in subsection (b)(3), by striking ‘‘1997, 1998, 1999,

2000, and 2001’’ and inserting ‘‘1997, 1998, 1999, 2000,

2001, and 2002’’; and

(B) in subsection (e), by striking ‘‘October 1, 2001’’

each place it appears and inserting ‘‘October 1, 2002’’;

and

(2) in section 599E (8 U.S.C. 1255 note) in subsection

(b)(2), by striking ‘‘September 30, 2001’’ and inserting ‘‘September 30, 2002’’.

SEC. 214. (a) Except as provided by subsection (e) none of

the funds appropriated by this Act may be used to withhold substance abuse funding from a State pursuant to section 1926 of

the Public Health Service Act (42 U.S.C. 300x–26) if such State

certifies to the Secretary of Health and Human Services by May

1, 2002 that the State will commit additional State funds, in accordance with subsection (b), to ensure compliance with State laws

prohibiting the sale of tobacco products to individuals under 18

years of age.

(b) The amount of funds to be committed by a State under

subsection (a) shall be equal to 1 percent of such State’s substance

abuse block grant allocation for each percentage point by which

Abortion.

Family planning.

PUBLIC LAW 107–116—JAN. 10, 2002 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) The State is to maintain State expenditures in fiscal year

2002 for tobacco prevention programs and for compliance activities

at a level that is not less than the level of such expenditures

maintained by the State for fiscal year 2001, and adding to that

level the additional funds for tobacco compliance activities required

under subsection (a). The State is to submit a report to the Secretary

on all fiscal year 2001 State expenditures and all fiscal year 2002

obligations for tobacco prevention and compliance activities by program activity by July 31, 2002.

(d) The Secretary shall exercise discretion in enforcing the

timing of the State obligation of the additional funds required

by the certification described in subsection (a) as late as July

31, 2002.

(e) None of the funds appropriated by this Act may be used

to withhold substance abuse funding pursuant to section 1926 from

a territory that receives less than $1,000,000.

SEC. 215. 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) 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’’.

Popular name.

Deadline.

Reports.

Deadline.

Intergovernmental

relations.

Tobacco.

115 STAT. 2202 PUBLIC LAW 107–116—JAN. 10, 2002

TITLE III—DEPARTMENT OF EDUCATION

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

Department of

Education

Appropriations

Act, 2002.

PUBLIC LAW 107–116—JAN. 10, 2002 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

115 STAT. 2204 PUBLIC LAW 107–116—JAN. 10, 2002

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, 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.

Grants.

PUBLIC LAW 107–116—JAN. 10, 2002 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 maximum Pell Grant for which a student shall be eligible

during award year 2002–2003 shall be $4,000.

20 USC 1070a

note.

115 STAT. 2206 PUBLIC LAW 107–116—JAN. 10, 2002

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.

PUBLIC LAW 107–116—JAN. 10, 2002 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. No funds appropriated in this Act may be used

for the transportation of students or teachers (or for the purchase

of equipment for such transportation) in order to overcome racial

imbalance in any school or school system, or for the transportation

of students or teachers (or for the purchase of equipment for such

transportation) in order to carry out a plan of racial desegregation

of any school or school system.

SEC. 302. None of the funds contained in this Act shall be

used to require, directly or indirectly, the transportation of any

student to a school other than the school which is nearest the

Busing.

Busing.

Desegregation.

115 STAT. 2208 PUBLIC LAW 107–116—JAN. 10, 2002

student’s home, except for a student requiring special education,

to the school offering such special education, in order to comply

with title VI of the Civil Rights Act of 1964. For the purpose

of this section an indirect requirement of transportation of students

includes the transportation of students to carry out a plan involving

the reorganization of the grade structure of schools, the pairing

of schools, or the clustering of schools, or any combination of grade

restructuring, pairing or clustering. The prohibition described in

this section does not include the establishment of magnet schools.

SEC. 303. No funds appropriated under this Act may be used

to prevent the implementation of programs of voluntary prayer

and meditation in the public schools.

(TRANSFER OF FUNDS)

SEC. 304. Not to exceed 1 percent of any discretionary funds

(pursuant to the Balanced Budget and Emergency Deficit Control

Act of 1985, as amended) which are appropriated for the Department of Education in this Act may be transferred between appropriations, but no such appropriation shall be increased by more

than 3 percent by any such transfer: Provided, That the Appropriations Committees of both Houses of Congress are notified at least

15 days in advance of any transfer.

SEC. 305. (a) 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 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) 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.

Applicability.

20 USC 1070

note.

Reports.

Notification.

School prayer.

PUBLIC LAW 107–116—JAN. 10, 2002 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,

115 STAT. 2210 PUBLIC LAW 107–116—JAN. 10, 2002

$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, 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

Discrimination.

PUBLIC LAW 107–116—JAN. 10, 2002 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 EvergreenConecuh 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,

115 STAT. 2212 PUBLIC LAW 107–116—JAN. 10, 2002

$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

PUBLIC LAW 107–116—JAN. 10, 2002 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

115 STAT. 2214 PUBLIC LAW 107–116—JAN. 10, 2002

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.

PUBLIC LAW 107–116—JAN. 10, 2002 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.

115 STAT. 2216 PUBLIC LAW 107–116—JAN. 10, 2002

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.

PUBLIC LAW 107–116—JAN. 10, 2002 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 OldAge and Survivors Insurance Trust Fund and the Federal Disability

Insurance Trust Fund.

In addition, an amount not to exceed 3 percent of the total

provided in this appropriation may be transferred from the ‘‘Limitation on Administrative Expenses’’, Social Security Administration,

to be merged with this account, to be available for the time and

purposes for which this account is available: Provided, That notice

of such transfers shall be transmitted promptly to the Committees

on Appropriations of the House and Senate.

UNITED STATES INSTITUTE OF PEACE

OPERATING EXPENSES

For necessary expenses of the United States Institute of Peace

as authorized in the United States Institute of Peace Act,

$15,104,000.

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) No part of any appropriation contained in this

Act shall be used, other than for normal and recognized executivelegislative 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

Lobbying.

Notification.

115 STAT. 2218 PUBLIC LAW 107–116—JAN. 10, 2002

representation expenses not to exceed $2,500 from the funds available for ‘‘Salaries and expenses, Federal Mediation and Conciliation

Service’’; and the Chairman of the National Mediation Board is

authorized to make available for official reception and representation expenses not to exceed $2,500 from funds available for ‘‘Salaries

and expenses, National Mediation Board’’.

SEC. 505. Notwithstanding any other provision of this Act,

no funds appropriated under this Act shall be used to carry out

any program of distributing sterile needles or syringes for the

hypodermic injection of any illegal drug.

SEC. 506. (a) It is the sense of the Congress that, to the

greatest extent practicable, all equipment and products purchased

with funds made available in this Act should be American-made.

(b) In providing financial assistance to, or entering into any

contract with, any entity using funds made available in this Act,

the head of each Federal agency, to the greatest extent practicable,

shall provide to such entity a notice describing the statement made

in subsection (a) by the Congress.

(c) If it has been finally determined by a court or Federal

agency that any person intentionally affixed a label bearing a

‘‘Made in America’’ inscription, or any inscription with the same

meaning, to any product sold in or shipped to the United States

that is not made in the United States, the person shall be ineligible

to receive any contract or subcontract made with funds made available in this Act, pursuant to the debarment, suspension, and ineligibility procedures described in sections 9.400 through 9.409 of title

48, Code of Federal Regulations.

SEC. 507. When issuing statements, press releases, requests

for proposals, bid solicitations and other documents describing

projects or programs funded in whole or in part with Federal

money, all grantees receiving Federal funds included in this Act,

including but not limited to State and local governments and recipients of Federal research grants, shall clearly state: (1) the percentage of the total costs of the program or project which will be

financed with Federal money; (2) the dollar amount of Federal

funds for the project or program; and (3) percentage and dollar

amount of the total costs of the project or program that will be

financed by non-governmental sources.

SEC. 508. (a) None of the funds appropriated under this Act,

and none of the funds in any trust fund to which funds are appropriated under this Act, shall be expended for any abortion.

(b) None of the funds appropriated under this Act, and none

of the funds in any trust fund to which funds are appropriated

under this Act, shall be expended for health benefits coverage

that includes coverage of abortion.

(c) The term ‘‘health benefits coverage’’ means the package

of services covered by a managed care provider or organization

pursuant to a contract or other arrangement.

SEC. 509. (a) The limitations established in the preceding section shall not apply to an abortion—

(1) if the pregnancy is the result of an act of rape or

incest; or

(2) in the case where a woman suffers from a physical

disorder, physical injury, or physical illness, including a lifeendangering 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.

Abortion.

Abortion.

Needle exchange.

PUBLIC LAW 107–116—JAN. 10, 2002 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) None of the funds made available in this Act

may be used for—

(1) the creation of a human embryo or embryos for research

purposes; or

(2) research in which a human embryo or embryos are

destroyed, discarded, or knowingly subjected to risk of injury

or death greater than that allowed for research on fetuses

in utero under 45 CFR 46.208(a)(2) and section 498(b) of the

Public Health Service Act (42 U.S.C. 289g(b)).

(b) For purposes of this section, the term ‘‘human embryo

or embryos’’ includes any organism, not protected as a human

subject under 45 CFR 46 as of the date of the enactment of this

Act, that is derived by fertilization, parthenogenesis, cloning, or

any other means from one or more human gametes or human

diploid cells.

SEC. 511. (a) None of the funds made available in this Act

may be used for any activity that promotes the legalization of

any drug or other substance included in schedule I of the schedules

of controlled substances established by section 202 of the Controlled

Substances Act (21 U.S.C. 812).

(b) The limitation in subsection (a) shall not apply when there

is significant medical evidence of a therapeutic advantage to the

use of such drug or other substance or that federally sponsored

clinical trials are being conducted to determine therapeutic advantage.

SEC. 512. None of the funds made available in this Act may

be obligated or expended to enter into or renew a contract with

an entity if—

(1) such entity is otherwise a contractor with the United

States and is subject to the requirement in section 4212(d)

of title 38, United States Code, regarding submission of an

annual report to the Secretary of Labor concerning employment

of certain veterans; and

(2) such entity has not submitted a report as required

by that section for the most recent year for which such requirement was applicable to such entity.

SEC. 513. None of the funds made available in this Act may

be used to promulgate or adopt any final standard under section

1173(b) of the Social Security Act (42 U.S.C. 1320d–2(b)) providing

for, or providing for the assignment of, a unique health identifier

for an individual (except in an individual’s capacity as an employer

or a health care provider), until legislation is enacted specifically

approving the standard.

SEC. 514. (a) Section 10 of the Native Hawaiian Health Care

Improvement Act (42 U.S.C. 11709) is amended—

Contracts.

Drugs and drug

abuse.

Embryos.

115 STAT. 2220 PUBLIC LAW 107–116—JAN. 10, 2002

(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. (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, 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 OF MARK-TOMARKET PROGRAM FOR MULTIFAMILY ASSISTED HOUSING

SEC. 601. SHORT TITLE AND TABLE OF CONTENTS.

(a) SHORT TITLE.—This title may be cited as the ‘‘Mark-toMarket 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.

42 USC 1437

note.

Mark-to-Market

Extension Act of

2001.

Deadline.

Reports.

28 USC 377 note.

PUBLIC LAW 107–116—JAN. 10, 2002 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. 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 longterm 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.

42 USC 1437f

note.

115 STAT. 2222 PUBLIC LAW 107–116—JAN. 10, 2002

SEC. 603. EFFECTIVE DATE.

Except as provided in sections 616(a)(2), 633(b), and 634(b),

this title and the amendments made by this title shall take effect

or are deemed to have taken effect, as appropriate, on the earlier

of—

(1) the date of the enactment of this title; or

(2) September 30, 2001.

Subtitle A—Multifamily Housing Mortgage

and Assistance Restructuring and Section 8 Contract Renewal

SEC. 611. 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:

12 USC 1715n

note.

PUBLIC LAW 107–116—JAN. 10, 2002 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 nonproject 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 Markto-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.—’’.

115 STAT. 2224 PUBLIC LAW 107–116—JAN. 10, 2002

(f) LOOK-BACK PROJECTS.—Section 512(2) of the Multifamily

Assisted Housing Reform and Affordability Act of 1997 (42 U.S.C.

1437f note) is amended by adding after the period at the end

of the last sentence the following: ‘‘Notwithstanding any other provision of this title, the Secretary may treat a project as an eligible

multifamily housing project for purposes of this title if (I) the

project is assisted pursuant to a contract for project-based assistance

under section 8 of the United States Housing Act of 1937 renewed

under section 524 of this Act, (II) the owner consents to such

treatment, and (III) the project met the requirements of the first

sentence of this paragraph for eligibility as an eligible multifamily

housing project before the initial renewal of the contract under

section 524.’’.

(g) SECOND MORTGAGES.—Section 517(a) of the Multifamily

Assisted Housing Reform and Affordability Act of 1997 (42 U.S.C.

1437f note) is amended— (1) in paragraph (1)(B), by striking ‘‘no more than the’’ and inserting the following: ‘‘not more than the greater of— ‘‘(i) the full or partial payment of claim made under

this subtitle; or ‘‘(ii) the’’; and

(2) in paragraph (5), by inserting ‘‘of the second mortgage,

assign the second mortgage to the acquiring organization or

agency,’’ after ‘‘terms’’. (h) EXEMPTIONS FROM RESTRUCTURING.—Section 514(h)(2) of

the Multifamily Assisted Housing Reform and Affordability Act

of 1997 (42 U.S.C. 1437f note) is amended by inserting before

the semicolon the following: ‘‘, or refinanced pursuant to section

811 of the American Homeownership and Economic Opportunity

Act of 2000 (12 U.S.C. 1701q note)’’.

SEC. 613. CONSISTENCY OF RENT LEVELS UNDER ENHANCED

VOUCHER ASSISTANCE AND RENT RESTRUCTURINGS.

Subtitle A of the Multifamily Assisted Housing Reform and

Affordability Act of 1997 (42 U.S.C. 1437f note) is amended by

adding at the end the following new section:

‘‘SEC. 525. CONSISTENCY OF RENT LEVELS UNDER ENHANCED

VOUCHER ASSISTANCE AND RENT RESTRUCTURINGS.

‘‘(a) IN GENERAL.—The Secretary shall examine the standards

and procedures for determining and establishing the rent standards

described under subsection (b). Pursuant to such examination, the

Secretary shall establish procedures and guidelines that are

designed to ensure that the amounts determined by the various

rent standards for the same dwelling units are reasonably consistent

and reflect rents for comparable unassisted units in the same area

as such dwelling units.

‘‘(b) RENT STANDARDS.—The rent standards described in this

subsection are as follows:

‘‘(1) ENHANCED VOUCHERS.—The payment standard for

enhanced voucher assistance under section 8(t) of the United

States Housing Act of 1937 (42 U.S.C. 1437f(t)).

‘‘(2) MARK-TO-MARKET.—The rents derived from comparable

properties, for purposes of section 514(g) of this Act.

‘‘(3) CONTRACT RENEWAL.—The comparable market rents

for the market area, for purposes of section 524(a)(4) of this

Act.’’.

Procedures.

Guidelines.

PUBLIC LAW 107–116—JAN. 10, 2002 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 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—

42 USC 1437f

note.

115 STAT. 2226 PUBLIC LAW 107–116—JAN. 10, 2002

(1) in section 511(a)(12), by striking ‘‘this Act’’ and inserting ‘‘this title’’;

(2) in section 513, by striking ‘‘this Act’’ each place such

term appears in subsections (a)(2)(I) and (b)(3) and inserting

‘‘this title’’;

(3) in section 514(f)(3)(B), by inserting ‘‘Housing’’ after

‘‘Multifamily’’;

(4) in section 515(c)(1)(B), by inserting ‘‘or’’ after the semicolon;

(5) in section 517(b)—

(A) in each of paragraphs (1) through (6), by capitalizing the first letter of the first word that follows the

paragraph heading;

(B) in each of paragraphs (1) through (5), by striking

the semicolon at the end and inserting a period; and

(C) in paragraph (6), by striking ‘‘; and’’ at the end

and inserting a period;

(6) in section 520(b), by striking ‘‘Banking and’’; and

(7) in section 573(d)(2), by striking ‘‘Banking and’’.

Subtitle B—Office of Multifamily Housing

Assistance Restructuring

SEC. 621. REAUTHORIZATION OF OFFICE AND EXTENSION OF PROGRAM.

Section 579 of the Multifamily Assisted Housing Reform and

Affordability Act of 1997 (42 U.S.C. 1437f note) is amended—

(1) by striking subsection (a) and inserting the following

new subsection:

‘‘(a) REPEALS.—

‘‘(1) MARK-TO-MARKET PROGRAM.—Subtitle A (except for section 524) is repealed effective October 1, 2006.

‘‘(2) OMHAR.—Subtitle D (except for this section) is

repealed effective October 1, 2004.’’;

(2) in subsection (b), by striking ‘‘October 1, 2001’’ and

inserting ‘‘October 1, 2006’’;

(3) in subsection (c), by striking ‘‘upon September 30, 2001’’

and inserting ‘‘at the end of September 30, 2004’’; and

(4) by striking subsection (d) and inserting the following

new subsection:

‘‘(d) TRANSFER OF AUTHORITY.—Effective upon the repeal of

subtitle D under subsection (a)(2) of this section, all authority

and responsibilities to administer the program under subtitle A

are transferred to the Secretary.’’.

SEC. 622. APPOINTMENT OF DIRECTOR.

(a) IN GENERAL.—Section 572 of the Multifamily Assisted

Housing Reform and Affordability Act of 1997 (42 U.S.C. 1437f

note) is amended by striking subsection (a) and inserting the following new subsection:

‘‘(a) APPOINTMENT.—The Office shall be under the management

of a Director, who shall be appointed by the President from among

individuals who are citizens of the United States and have a demonstrated understanding of financing and mortgage restructuring

for affordable multifamily housing.’’.

President.

Effective date.

Effective dates.

PUBLIC LAW 107–116—JAN. 10, 2002 115 STAT. 2227

(b) APPLICABILITY.—The amendment made by subsection (a)

shall apply to the first Director of the Office of Multifamily Housing

Assistance Restructuring of the Department of Housing and Urban

Development appointed after the date of the enactment of this

Act, and any such Director appointed thereafter.

SEC. 623. VACANCY IN POSITION OF DIRECTOR.

(a) IN GENERAL.—Section 572 of the Multifamily Assisted

Housing Reform and Affordability Act of 1997 (42 U.S.C. 1437f

note) is amended by striking subsection (b) and inserting the following new subsection:

‘‘(b) VACANCY.—A vacancy in the position of Director shall

be filled by appointment in the manner provided under subsection

(a). The President shall make such an appointment not later than

60 days after such position first becomes vacant.’’.

(b) APPLICABILITY.—The amendment made by subsection (a)

shall apply to any vacancy in the position of Director of the Office

of Multifamily Housing Assistance Restructuring of the Department

of Housing and Urban Development which occurs or exists after

the date of the enactment of this Act.

SEC. 624. OVERSIGHT BY FEDERAL HOUSING COMMISSIONER.

(a) IN GENERAL.—Section 578 of the Multifamily Assisted

Housing Reform and Affordability Act of 1997 (42 U.S.C. 1437f

note) is amended to read as follows:

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

‘‘All authority and responsibilities assigned under this subtitle

to the Secretary shall be carried out through the Assistant Secretary

of the Department of Housing and Urban Development who is

the Federal Housing Commissioner.’’.

(b) REPORT.—The second sentence of section 573(b) of the Multifamily Assisted Housing Reform and Affordability Act of 1997 (42

U.S.C. 1437f note) is amended by striking ‘‘Secretary’’ and inserting

‘‘Assistant Secretary of the Department of Housing and Urban

Development who is the Federal Housing Commissioner’’.

SEC. 625. LIMITATION ON SUBSEQUENT EMPLOYMENT.

Section 576 of the Multifamily Assisted Housing Reform and

Affordability Act of 1997 (42 U.S.C. 1437f note) is amended by

striking ‘‘2-year period’’ and inserting ‘‘1-year period’’.

Subtitle C—Miscellaneous Housing

Program Amendments

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

Section 105(a)(8) of the Housing and Community Development

Act of 1974 (42 U.S.C. 5305(a)(8)) is amended by striking ‘‘through

2001’’ and inserting ‘‘through 2003’’.

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

Section 8(t)(2) of the United States Housing Act of 1937 (42

U.S.C. 1437f(t)(2)) is amended by inserting after ‘‘insurance contract

for the mortgage for such housing project’’ the following: ‘‘(including

any such mortgage prepayment during fiscal year 1996 or a fiscal

42 USC 1437f

note.

President.

Deadline.

42 USC 1437f

note.

115 STAT. 2228 PUBLIC LAW 107–116—JAN. 10, 2002

year thereafter or any insurance contract voluntary termination

during fiscal year 1996 or a fiscal year thereafter)’’.

SEC. 633. PREPAYMENT AND REFINANCING OF LOANS FOR SECTION

202 SUPPORTIVE HOUSING.

(a) IN GENERAL.—Section 811 of the American Homeownership

and Economic Opportunity Act of 2000 (12 U.S.C. 1701q note)

is amended by striking subsection (e).

(b) EFFECTIVENESS UPON DATE OF ENACTMENT.—The amendment made by subsection (a) of this section shall take effect upon

the date of the enactment of this Act and the provisions of section

811 of the American Homeownership and Economic Opportunity

Act of 2000 (12 U.S.C. 1701q note), as amended by subsection

(a) of this section, shall apply as so amended upon such date

of enactment, notwithstanding—

(1) any authority of the Secretary of Housing and Urban

Development to issue regulations to implement or carry out

the amendments made by subsection (a) of this section or

the provisions of section 811 of the American Homeownership

and Economic Opportunity Act of 2000 (12 U.S.C. 1701q note);

or

(2) any failure of the Secretary of Housing and Urban

Development to issue any such regulations authorized.

SEC. 634. TECHNICAL CORRECTION.

(a) IN GENERAL.—Section 101(a) of Public Law 100–77 (42

U.S.C. 11301 note) is amended to read as if the amendment made

by section 1 of Public Law 106–400 (114 Stat. 1675) were made

to ‘‘Section 101’’ instead of ‘‘Section 1’’.

(b) RETROACTIVE EFFECT.—The amendment made by subsection

(a) of this section is deemed to have taken effect immediately

after the enactment of Public Law 106–400 (114 Stat. 1675).

TITLE VII—MENTAL HEALTH 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 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

26 USC 9812.

42 USC 11301

note.

12 USC 1701q

note.

PUBLIC LAW 107–116—JAN. 10, 2002 115 STAT. 2229

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.

Æ

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.