H. R. 3061—33
(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 aca-
demic year 1998–1999.
(c) An institution of higher education that receives a realloca-
tion 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 guar-
antee’’) 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 appro-
priate 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 Appro-
priations 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,
H. R. 3061—34
$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 develop-
ment 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 ‘‘avail-
ability 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 author-
ized by part E of title II of the Domestic Volunteer Service Act
of 1973 shall be used to provide stipends or other monetary incen-
tives 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 avail-
able to the Corporation for Public Broadcasting by this Act shall
be used to pay for receptions, parties, or similar forms of entertain-
ment 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 deter-
mined by the Corporation in consultation with public radio and
television licensees or permittees, or their designated representa-
tives.
FEDERAL MEDIATION AND CONCILIATION SERVICE
SALARIES AND EXPENSES
For expenses necessary for the Federal Mediation and Concilia-
tion 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
H. R. 3061—35
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 organiza-
tions, and for arbitration services shall be credited to and merged
with this account, and shall remain available until expended: Pro-
vided 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 Commis-
sion, $250,000 shall be awarded to American Village Project in
Montevallo, Alabama, $20,000 shall be awarded to Evergreen-
Conecuh Public Library, Alabama, $50,000 shall be awarded to
Gordo Public Library, Pickens County Commission, Alabama,
$300,000 shall be awarded to Mobile Museum of Art, Mobile, Ala-
bama, $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, Cali-
fornia, $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,
H. R. 3061—36
$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 Web-
ster 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 Crafts-
men, 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 Nat-
ural 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 Pitts-
burgh Children’s Museum, $700,000 shall be awarded to Please
Touch Museum at the Children’s Museum of Philadelphia, Pennsyl-
vania, $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
H. R. 3061—37
awarded to Marion Wright Edelman Public Library, Bennettsville,
South Carolina, $600,000 shall be awarded to The Children’s Dis-
covery House, Murfreesboro, Tennessee, $150,000 shall be awarded
to The International Storytelling Center in Jonesborough, Ten-
nessee, $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, Wis-
consin, $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 Supple-
mentary 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 termi-
nation 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
H. R. 3061—38
laborers or used in connection with investigations, hearings, direc-
tives, 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 Rela-
tions 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 Rail-
way Labor Act, as amended (45 U.S.C. 151–188), including emer-
gency 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, author-
ized 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 avail-
able 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.
H. R. 3061—39
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, commu-
nications facilities or services, maintenance services, or administra-
tive 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 Secu-
rity Act, $21,277,412,000, to remain available until expended: Pro-
vided, 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 adminis-
trative 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.
H. R. 3061—40
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 Secu-
rity 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 bal-
ances 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 telecommuni-
cations 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 pursu-
ant 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 dis-
abled individuals under titles XVIII and XIX of the Social Security
Act.
H. R. 3061—41
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 sec-
tion 201(g)(1) of the Social Security Act from the Federal Old-
Age and Survivors Insurance Trust Fund and the Federal Disability
Insurance Trust Fund.
In addition, an amount not to exceed 3 percent of the total
provided in this appropriation may be transferred from the ‘‘Limita-
tion 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 Serv-
ices, and Education are authorized to transfer unexpended balances
of prior appropriations to accounts corresponding to current appro-
priations 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 executive-
legislative relationships, for publicity or propaganda purposes, for
the preparation, distribution, or use of any kit, pamphlet, booklet,
publication, radio, television, or video presentation designed to sup-
port 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 author-
ized to make available not to exceed $23,000 and $15,000, respec-
tively, 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