H. R. 3061
One Hundred Seventh Congress
of the
United States of America
AT THE FIRST SESSION
Begun and held at the City of Washington on Wednesday,
the third day of January, two thousand and one
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 Stand-
ards 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 Stand-
ards 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, notwith-
standing 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 pro-
vided 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)
H. R. 3061—2
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 appropria-
tion 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 reimburse-
ments, 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 adminis-
trative 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 Unemploy-
ment 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 avail-
able 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
H. R. 3061—3
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 obliga-
tion 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 pay-
ments 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 Unemploy-
ment Trust Fund as authorized by section 8509 of title 5, United
States Code, and to the ‘‘Federal unemployment benefits and allow-
ances’’ 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 pro-
grams, $113,356,000, including $5,934,000 to administer welfare-
to-work grants, together with not to exceed $48,507,000, which
H. R. 3061—4
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 Corpora-
tion 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 proc-
essing applications and issuing registrations under title I of the
H. R. 3061—5
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 Sec-
retary 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
H. R. 3061—6
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 Sep-
tember 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 author-
ized, 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, admin-
ister, or enforce any standard, rule, regulation, or order under
the Occupational Safety and Health Act of 1970 which is applicable
H. R. 3061—7
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 Occupa-
tional 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 viola-
tions which are not corrected within a reasonable abatement
period and for any willful violations found;
(3) to take any action authorized by such Act with respect
to imminent dangers;
(4) to take any action authorized by such Act with respect
to health hazards;
(5) to take any action authorized by such Act with respect
to a report of an employment accident which is fatal to one
or more employees or which results in hospitalization of two
or more employees, and to take any action pursuant to such
investigation authorized by such Act; and
(6) to take any action authorized by such Act with respect
to complaints of discrimination against employees for exercising
rights under such Act:
Provided further, That the foregoing proviso shall not apply to
any person who is engaged in a farming operation which does
not maintain a temporary labor camp and employs 10 or fewer
employees.
MINE SAFETY AND HEALTH ADMINISTRATION
SALARIES AND EXPENSES
For necessary expenses for the Mine Safety and Health
Administration, $254,768,000, including purchase and bestowal of
certificates and trophies in connection with mine rescue and first-
aid work, and the hire of passenger motor vehicles; including up
to $1,000,000 for mine rescue and recovery activities, which shall
be available only to the extent that fiscal year 2002 obligations
for these activities exceed $1,000,000; in addition, not to exceed
$750,000 may be collected by the National Mine Health and Safety
Academy for room, board, tuition, and the sale of training materials,
otherwise authorized by law to be collected, to be available for
mine safety and health education and training activities, notwith-
standing 31 U.S.C. 3302; and, in addition, the Mine Safety and
Health Administration may retain up to $1,000,000 from fees col-
lected 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,
H. R. 3061—8
buildings, equipment, and other contributions from public and pri-
vate 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 pro-
grams 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 avail-
able 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 obliga-
tion through September 30, 2003, and $50,000,000, for the acquisi-
tion of Departmental information technology, architecture, infra-
structure, equipment, software and related needs which will be
allocated by the Department’s Chief Information Officer in accord-
ance 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 Employ-
ment 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
H. R. 3061—9
participation is precluded by the decision of the United States
Supreme Court in Director, Office of Workers’ Compensation Pro-
grams v. Newport News Shipbuilding, 115 S. Ct. 1278 (1995), not-
withstanding 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 Employ-
ment 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 indi-
vidual, 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 trans-
ferred 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 Appropria-
tions Act, 2002’’.
H. R. 3061—10
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 Improve-
ment 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 vol-
untary 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: Pro-
vided 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
H. R. 3061—11
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 Univer-
sity of Iowa for the training of Certified Registered Nurse Anes-
thetists, $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 Short-
age: 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 avail-
able 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.
H. R. 3061—51
(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 fol-
lowing 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 Multi-
family 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 PREPAY-
MENTS.
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