H. R. 3061—25
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 pro-
gram 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 notwith-
standing 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 manage-
ment/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’’.
H. R. 3061—26
TITLE III—DEPARTMENT OF EDUCATION
EDUCATION FOR THE DISADVANTAGED
For carrying out title I of the Elementary and Secondary Edu-
cation Act of 1965 (‘‘ESEA’’) and section 418A of the Higher Edu-
cation 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: Pro-
vided, 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 fur-
ther, 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 avail-
able 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 disabil-
ities 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 accom-
panying 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
H. R. 3061—27
shall become available on October 1, 2002, and shall remain avail-
able through September 30, 2003, for academic year 2002–2003:
Provided, That $75,000,000 for continuing and new grants to dem-
onstrate effective approaches to comprehensive school reform shall
be allocated and expended in the same manner as the funds pro-
vided 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 activi-
ties 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 avail-
able to local educational agencies under this subpart shall be used
only for activities related to establishing smaller learning commu-
nities 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, under-
standing, 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 Edu-
cation 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
H. R. 3061—28
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 Tech-
nology 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 accom-
panying 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 construc-
tion 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.