IB
Union Calendar No. 140
107TH CONGRESS
1ST SESSION
H. R. 3061
[Report No. 107–229]
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.
IN THE HOUSE OF REPRESENTATIVES
OCTOBER 9, 2001
Mr. REGULA, from the Committee on Appropriations, reported the following
bill; which was committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
A BILL
Making appropriations for the Departments of Labor, Health
and Human Services, and Education, and related agen-
cies for the fiscal year ending September 30, 2002, and
for other purposes.
Be it enacted by the Senate and House of Representa-
tives 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
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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 build-
ings and other facilities, and the purchase of real property
for training centers as authorized by the Workforce In-
vestment Act; the Women in Apprenticeship and Non-
traditional Occupations Act; and the National Skill Stand-
ards Act of 1994; $3,485,147,000 plus reimbursements,
of which $2,110,707,000 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; and of which
$20,375,000 is available for the period July 1, 2002,
through June 30, 2005, for necessary expenses of con-
struction, rehabilitation, and acquisition of Job Corps cen-
ters: Provided, That $3,500,000 shall be for carrying out
the National Skills Standards Act of 1994: Provided fur-
ther, That no funds from any other appropriation shall
be used to provide meal services at or for Job Corps cen-
ters.
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For necessary expenses of the Workforce Investment
Act, including the purchase and hire of passenger motor
vehicles, the construction, alteration, and repair of build-
ings and other facilities, and the purchase of real property
for training centers as authorized by the Workforce In-
vestment Act; $2,098,000,000 plus reimbursements, of
which $1,998,000,000 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, $440,200,000.
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 reloca-
tion, and related State administrative expenses under part
II, subchapters B and D, chapter 2, title II of the Trade
Act of 1974, as amended, $11,000,000, together with such
amounts as may be necessary to be charged to the subse-
quent appropriation for payments for any period subse-
quent to September 15 of the current year.
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In addition, for such purposes, $404,650,000, to be-
come available only upon the enactment of authorizing leg-
islation.
STATE UNEMPLOYMENT INSURANCE AND EMPLOYMENT
SERVICE OPERATIONS
For 
authorized 
administrative 
expenses,
$163,452,000, 
together 
with 
not 
to 
exceed
$3,236,886,000 (including not to exceed $1,228,000
which may be used for amortization payments to States
which had independent retirement plans in their State em-
ployment 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 Immigra-
tion 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 obli-
gation by the States through September 30, 2004; and
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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 ac-
tivities under the Act of June 6, 1933, as amended, in-
cluding 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 Secu-
rity 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 agree-
ments 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
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Insurance automation efforts, notwithstanding cost alloca-
tion principles prescribed under Office of Management
and Budget Circular A–87.
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 Sep-
tember 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 train-
ing programs, $113,356,000, including $5,934,000 to ad-
minister welfare-to-work grants, together with not to ex-
ceed $48,507,000, which may be expended from the Em-
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ployment Security Administration Account in the Unem-
ployment 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 author-
ized to make such expenditures, including financial assist-
ance 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 Govern-
ment 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: Pro-
vided, 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 consid-
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ered as non-administrative expenses for the purposes here-
of, and excluded from the above limitation.
EMPLOYMENT STANDARDS ADMINISTRATION
SALARIES AND EXPENSES
For necessary expenses for the Employment Stand-
ards Administration, including reimbursement to State,
Federal, and local agencies and their employees for inspec-
tion services rendered, $367,650,000, 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: Pro-
vided, That $2,000,000 shall be for the development of
an alternative system for the electronic submission of re-
ports as 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 sub-
mission 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, re-
tain, and spend, until expended, in the name of the De-
partment 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 fur-
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ther, That the Secretary of Labor is authorized to estab-
lish 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 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 ex-
penses (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 ben-
efits as provided for under the heading ‘‘Civilian War Ben-
efits’’ in the Federal Security Agency Appropriation Act,
1947; the Employees’ Compensation Commission Appro-
priation Act, 1944; sections 4(c) and 5(f) of the War
Claims Act of 1948 (50 U.S.C. App. 2012); and 50 per-
cent 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 subse-
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quent 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 re-
imbursements unobligated on September 30, 2001, shall
remain available until expended for the payment of com-
pensation, 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 ad-
ministration 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 rede-
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sign, $700,000; and (4) the remaining funds shall be paid
into the Treasury as miscellaneous receipts: Provided fur-
ther, That the Secretary may require that any person fil-
ing 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 identi-
fying information (including Social Security account num-
ber) as such regulations may prescribe.
ENERGY EMPLOYEES OCCUPATIONAL ILLNESS
COMPENSATION PROGRAM
For necessary expenses to administer the Energy
Employees Occupational Illness Compensation Act,
$136,000,000, to remain available until expended: Pro-
vided, That the Secretary of Labor is authorized to trans-
fer to any Executive agency with authority under the En-
ergy Employees Occupational Illness Compensation 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 re-
quire that any person filing a claim for benefits under the
Act provide as part of such claim, such identifying infor-
mation (including Social Security account number) as may
be prescribed.
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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 Ad-
ministration, Salaries and Expenses, $22,590,000 for
transfer to Departmental Management, Salaries and Ex-
penses, $328,000 for transfer to Departmental Manage-
ment, Office of Inspector General, and $356,000 for pay-
ment into miscellaneous receipts for the expenses of the
Department of Treasury, for expenses of operation and
administration of the Black Lung Benefits program as au-
thorized 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, $435,307,000, including not
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to exceed $88,694,000 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 occu-
pational safety and health programs required to be in-
curred under plans approved by the Secretary under sec-
tion 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 col-
lected, 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 uti-
lize such sums, in accordance with the provisions of 29
U.S.C. 9a, to administer national and international lab-
oratory 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
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Health Act of 1970 which is applicable to any person who
is engaged in a farming operation which does not maintain
a temporary labor camp and employs 10 or fewer employ-
ees: Provided further, That no funds appropriated under
this paragraph shall be obligated or expended to admin-
ister 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 Stand-
ard 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, con-
sultation, technical assistance, educational and train-
ing services, and to conduct surveys and studies;
(2) to conduct an inspection or investigation in
response to an employee complaint, to issue a cita-
tion for violations found during such inspection, and
to assess a penalty for violations which are not cor-
rected within a reasonable abatement period and for
any willful violations found;
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(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 re-
sults in hospitalization of two or more employees,
and to take any action pursuant to such investiga-
tion 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 em-
ploys 10 or fewer employees.
MINE SAFETY AND HEALTH ADMINISTRATION
SALARIES AND EXPENSES
For necessary expenses for the Mine Safety and
Health Administration, $251,725,000, including purchase
and bestowal of certificates and trophies in connection
with mine rescue and first-aid work, and the hire of pas-
senger motor vehicles; including up to $1,000,000 for
mine rescue and recovery activities, which shall be avail-
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able 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 col-
lected for the approval and certification of equipment, ma-
terials, and explosives for use in mines, and may utilize
such sums for such activities; the Secretary is authorized
to accept lands, buildings, equipment, and other contribu-
tions from public and private sources and to prosecute
projects in cooperation with other agencies, Federal,
State, or private; the Mine Safety and Health Administra-
tion 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.
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BUREAU OF LABOR STATISTICS
SALARIES AND EXPENSES
For necessary expenses for the Bureau of Labor Sta-
tistics, including advances or reimbursements to State,
Federal, and local agencies and their employees for serv-
ices rendered, $397,696,000, together with not to exceed
$69,132,000, which may be expended from the Employ-
ment Security Administration Account in the Unemploy-
ment Trust Fund; and $10,280,000, which shall be avail-
able for obligation for the period of 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, $33,053,000, of which $2,640,000
shall be for the President’s Task Force on the Employ-
ment of Adults with Disabilities.
DEPARTMENTAL MANAGEMENT
SALARIES AND EXPENSES
For necessary expenses for Departmental Manage-
ment, including the hire of three sedans, and including
the management or operation, through contracts, grants
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or other arrangements of Departmental bilateral and mul-
tilateral foreign technical assistance, and $51,708,000 for
the acquisition of Departmental information technology,
architecture, infrastructure, equipment, software and re-
lated needs which will be allocated by the Department’s
Chief Information Officer in accordance with the Depart-
ment’s capital investment management process to assure
a sound investment strategy; $383,568,000; together with
not to exceed $310,000, which may be expended from the
Employment Security Administration Account in the Un-
employment 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
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
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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 ap-
peal, 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 deci-
sion issued under the Black Lung Benefits Act (30 U.S.C.
901 et seq.).
ASSISTANT SECRETARY FOR VETERANS EMPLOYMENT
AND TRAINING
Not to exceed $186,903,000 may be derived from the
Employment Security Administration Account in the Un-
employment 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 obli-
gation 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, $24,800,000, of which $7,300,000 shall be available
for obligation for the period July 1, 2002, through June
30, 2003.
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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 discre-
tionary 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 be-
tween 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 ad-
vance of any transfer.
This title may be cited as the ‘‘Department of Labor
Appropriations Act, 2002’’.
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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, $5,691,480,000, of which $35,000,000
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 oper-
ating the National Practitioner Data Bank, and shall re-
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main available until expended to carry out that Act: Pro-
vided 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 avail-
able under this heading, $264,170,000 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 $649,000,000 shall be for State AIDS Drug
Assistance Programs authorized by section 2616 of the
Public Health Service Act: Provided further, That, not-
withstanding section 502(a)(1) of the Social Security Act,
not to exceed $116,145,000 is available for carrying out
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special projects of regional and national significance pur-
suant to section 501(a)(2) of such Act. For special
projects of regional and national significance under section
501(a)(2) of the Social Security Act, $10,000,000: Pro-
vided further, That such amount shall not be counted to-
ward compliance with the allocation required in section
502(a)(1) of such Act: Provided further, That such
amount 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 shall be made only to public
and private entities which agree that, with respect to an
adolescent to whom the entities provide abstinence edu-
cation under such grant, the entities will not provide to
that adolescent any other education regarding sexual con-
duct, except that, in the case of an entity expressly re-
quired by law to provide health information or services the
adolescent shall not be precluded from seeking health in-
formation 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.
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HEALTH EDUCATION ASSISTANCE LOANS PROGRAM
Such sums as may be necessary to carry out the pur-
pose of the program, as authorized by title VII of the Pub-
lic Health Service Act, as amended. For administrative ex-
penses to carry out the guaranteed loan program, includ-
ing 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.
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 sec-
tion 501 of the Refugee Education Assistance Act of 1980;
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including insurance of official motor vehicles in foreign
countries; and hire, maintenance, and operation of air-
craft, $4,077,060,000, of which $175,000,000 shall re-
main available until expended for equipment and construc-
tion 
and 
renovation 
of 
facilities, 
and 
of 
which
$137,527,000 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 addi-
tion to amounts provided herein, up to $93,964,000 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 preven-
tion and control at the Centers for Disease Control and
Prevention may be used to advocate or promote gun con-
trol: 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 ac-
tivities 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.
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NATIONAL INSTITUTES OF HEALTH
NATIONAL CANCER INSTITUTE
For carrying out section 301 and title IV of the Pub-
lic 
Health 
Service 
Act 
with 
respect 
to 
cancer,
$4,146,291,000.
NATIONAL HEART, LUNG, AND BLOOD INSTITUTE
For carrying out section 301 and title IV of the Pub-
lic Health Service Act with respect to cardiovascular, lung,
and blood diseases, and blood and blood products,
$2,547,675,000.
NATIONAL INSTITUTE OF DENTAL AND CRANIOFACIAL
RESEARCH
For carrying out section 301 and title IV of the Pub-
lic Health Service Act with respect to dental disease,
$339,268,000.
NATIONAL INSTITUTE OF DIABETES AND DIGESTIVE AND
KIDNEY DISEASES
For carrying out section 301 and title IV of the Pub-
lic Health Service Act with respect to diabetes and diges-
tive and kidney disease, $1,446,705,000.
NATIONAL INSTITUTE OF NEUROLOGICAL DISORDERS
AND STROKE
For carrying out section 301 and title IV of the Pub-
lic Health Service Act with respect to neurological dis-
orders and stroke, $1,306,321,000.
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NATIONAL INSTITUTE OF ALLERGY AND INFECTIOUS
DISEASES
(INCLUDING TRANSFER OF FUNDS)
For carrying out section 301 and title IV of the Pub-
lic Health Service Act with respect to allergy and infec-
tious diseases, $2,337,204,000: Provided, That the Direc-
tor may transfer up to $25,000,000 to International As-
sistance Programs, ‘‘Global Fund to Fight HIV/AIDS,
Malaria, and Tuberculosis,’’ to remain available until ex-
pended.
NATIONAL INSTITUTE OF GENERAL MEDICAL SCIENCES
For carrying out section 301 and title IV of the Pub-
lic Health Service Act with respect to general medical
sciences, $1,706,968,000.
NATIONAL INSTITUTE OF CHILD HEALTH AND HUMAN
DEVELOPMENT
For carrying out section 301 and title IV of the Pub-
lic Health Service Act with respect to child health and
human development, $1,088,208,000.
NATIONAL EYE INSTITUTE
For carrying out section 301 and title IV of the Pub-
lic Health Service Act with respect to eye diseases and
visual disorders, $566,725,000.
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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 environ-
mental health sciences, $557,435,000.
NATIONAL INSTITUTE ON AGING
For carrying out section 301 and title IV of the Pub-
lic 
Health 
Service 
Act 
with 
respect 
to 
aging,
$873,186,000.
NATIONAL INSTITUTE OF ARTHRITIS AND
MUSCULOSKELETAL AND SKIN DISEASES
For carrying out section 301 and title IV of the Pub-
lic Health Service Act with respect to arthritis and mus-
culoskeletal and skin diseases, $440,144,000.
NATIONAL INSTITUTE ON DEAFNESS AND OTHER
COMMUNICATION DISORDERS
For carrying out section 301 and title IV of the Pub-
lic Health Service Act with respect to deafness and other
communication disorders, $334,161,000.
NATIONAL INSTITUTE OF NURSING RESEARCH
For carrying out section 301 and title IV of the Pub-
lic Health Service Act with respect to nursing research,
$116,773,000.
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NATIONAL INSTITUTE ON ALCOHOL ABUSE AND
ALCOHOLISM
For carrying out section 301 and title IV of the Pub-
lic Health Service Act with respect to alcohol abuse and
alcoholism, $379,026,000.
NATIONAL INSTITUTE ON DRUG ABUSE
For carrying out section 301 and title IV of the Pub-
lic Health Service Act with respect to drug abuse,
$900,389,000.
NATIONAL INSTITUTE OF MENTAL HEALTH
For carrying out section 301 and title IV of the Pub-
lic Health Service Act with respect to mental health,
$1,228,780,000.
NATIONAL HUMAN GENOME RESEARCH INSTITUTE
For carrying out section 301 and title IV of the Pub-
lic Health Service Act with respect to human genome re-
search, $423,454,000.
NATIONAL INSTITUTE OF BIOMEDICAL IMAGING AND
BIOENGINEERING
For carrying out section 301 and title IV of the Pub-
lic Health Service Act with respect to biomedical imaging
and bioengineering, $39,896,000.
NATIONAL CENTER FOR RESEARCH RESOURCES
For carrying out section 301 and title IV of the Pub-
lic Health Service Act with respect to research resources
and general research support grants, $966,541,000: Pro-
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vided, That none of these funds shall be used to pay recipi-
ents of the general research support grants program any
amount for indirect expenses in connection with such
grants: Provided further, That $97,000,000 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.
JOHN E. FOGARTY INTERNATIONAL CENTER
For carrying out the activities at the John E.
Fogarty International Center, $56,021,000.
NATIONAL LIBRARY OF MEDICINE
For carrying out section 301 and title IV of the Pub-
lic Health Service Act with respect to health information
communications, $273,610,000, of which $4,000,000 shall
be available until expended for improvement of informa-
tion systems: Provided, That in fiscal year 2002, the Li-
brary may enter into personal services contracts for the
provision of services in facilities owned, operated, or con-
structed under the jurisdiction of the National Institutes
of Health.
NATIONAL CENTER FOR COMPLEMENTARY AND
ALTERNATIVE MEDICINE
For carrying out section 301 and title IV of the Pub-
lic Health Service Act with respect to complementary and
alternative medicine, $99,288,000.
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NATIONAL CENTER ON MINORITY HEALTH AND HEALTH
DISPARITIES
For carrying out section 301 and title IV of the Pub-
lic Health Service Act with respect to minority health and
health disparities research, $157,204,000.
OFFICE OF THE DIRECTOR
(INCLUDING TRANSFER OF FUNDS)
For carrying out the responsibilities of the Office of
the Director, National Institutes of Health, $232,098,000,
of which $53,540,000 shall be for the Office of AIDS Re-
search: 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 Insti-
tutes of Health is authorized to collect third party pay-
ments 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 Insti-
tutes of Health Management Fund: Provided further, That
all funds credited to the National Institutes of Health
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Management Fund shall remain available for one 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 Insti-
tutes of Health, including the acquisition of real property,
$311,600,000, to remain available until expended, of
which $26,000,000 shall be for the John Edward Porter
Neuroscience Research Center: Provided, That notwith-
standing 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
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
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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, $3,131,558,000.
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, $168,435,000; in addition, amounts received
from Freedom of Information Act fees, reimbursable and
interagency agreements, and the sale of data shall be cred-
ited to this appropriation and shall remain available until
expended: Provided, That the amount made available pur-
suant to section 926(b) of the Public Health Service Act
shall not exceed $137,810,000.
HEALTH CARE FINANCING ADMINISTRATION
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, in-
curred for the current fiscal year, such sums as may be
necessary.
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For making payments to States or in the case of sec-
tion 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 quar-
ter 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 Secu-
rity 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,
$81,924,200,000.
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 $2,361,158,000, to be transferred
from the Federal Hospital Insurance and the Federal Sup-
plementary Medical Insurance Trust Funds, as authorized
by section 201(g) of the Social Security Act; together with
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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: Provided, That all funds
derived in accordance with 31 U.S.C. 9701 from organiza-
tions 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 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: Provided further, That, for the
current fiscal year, not more than $680,000,000 may be
made available under section 1817(k)(4) of the Social Se-
curity Act (42 U.S.C. 1395i(k)(4)) from the Health Care
Fraud and Abuse Control Account of the Federal Hospital
Insurance Trust Fund to carry out the Medicare Integrity
Program under section 1893 of such Act.
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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 re-
ceived 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 ef-
fective date of the program of Temporary Assistance to
Needy Families (TANF) with respect to such State, such
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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 ap-
propriation and under such title IV–A as amended by the
Personal Responsibility and Work Opportunity Reconcili-
ation 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 fiscal year for unantici-
pated 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 Omni-
bus Budget Reconciliation Act of 1981, $1,700,000,000.
For making payments under title XXVI of the Omni-
bus 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 author-
ized by section 2604(e) of the Act and notwithstanding
the designation requirement of section 2602(e) of such
Act: Provided further, That these funds are hereby des-
ignated by Congress to be emergency requirements pursu-
ant to section 251(b)(2)(A) of the Balanced Budget and
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Emergency Deficit Control Act of 1985: Provided further,
That these funds shall be made available only after sub-
mission to Congress of a formal 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 assist-
ance activities authorized by title IV of the Immigration
and Nationality Act and section 501 of the Refugee Edu-
cation Assistance Act of 1980 (Public Law 96–422),
$450,224,000: Provided, That funds appropriated pursu-
ant 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 Sep-
tember 30, 2004: Provided further, That up to
$10,000,000 is available to carry out the Trafficking Vic-
tims Protection Act of 2000.
For carrying out section 5 of the Torture Victims Re-
lief 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),
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$2,199,987,000 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: Provided further, That, in addi-
tion 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 activi-
ties.
SOCIAL SERVICES BLOCK GRANT
For making grants to States pursuant to section
2002 of the Social Security Act, $1,700,000,000: Pro-
vided, That notwithstanding subparagraph (B) of section
404(d)(2) of such Act, the applicable percent specified
under such subparagraph for a State to carry 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
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Start Act, the Child Abuse Prevention and Treatment Act,
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), the
Abandoned Infants Assistance Act of 1988, 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, and section 126 and titles IV and
V of Public Law 100–485, $8,275,442,000, 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
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2001; of which $620,000,000 shall be for making pay-
ments under the Community Services Block Grant Act;
and of which $6,475,812,000 shall be for making pay-
ments under the Head Start Act, of which $1,400,000,000
shall become available October 1, 2002, and remain avail-
able through September 30, 2003: Provided, That to the
extent Community Services Block Grant funds are distrib-
uted 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 carry-
over into the next fiscal year for expenditure by such enti-
ty consistent with program purposes: Provided further,
That the Secretary shall establish procedures regarding
the disposition of intangible property 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.
Funds appropriated for fiscal year 2002 under sec-
tion 429A(e), part B of title IV of the Social Security Act
shall be reduced by $6,000,000.
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Funds appropriated for fiscal year 2002 under sec-
tion 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 pro-
vided, the Older Americans Act of 1965, as amended, and
section 
398 
of 
the 
Public 
Health 
Service 
Act,
$1,144,832,000.
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
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the Public Health Service Act, and the United States-Mex-
ico Border Health Commission Act, $333,036,000, to-
gether 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 Sup-
plemental Medical Insurance Trust Fund: Provided, That
of this amount $50,000,000 shall be available for minority
AIDS 
prevention 
and 
treatment 
activities; 
and
$25,000,000 shall be available for an Information Tech-
nology Security and Innovation Fund for Department-
wide activities involving cybersecurity, information tech-
nology security, and related innovation projects: Provided
further, That no funds shall be obligated for minority
AIDS prevention and treatment activities until the De-
partment submits an operating plan to the House and
Senate Committees on Appropriations.
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 inves-
tigating non-payment of child support cases for which non-
payment is a Federal offense under 18 U.S.C. section 228:
Provided further, That, for the current fiscal year, not
more than $130,000,000 may be made available under
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section 1817(k)(3)(A) of the Social Security Act (42
U.S.C. 1395i(k)(3)(A)) from the Health Care Fraud and
Abuse Control Account of the Federal Hospital Insurance
Trust Fund for purposes of the activities of the Office of
Inspector General with respect to the Medicare and Med-
icaid programs.
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 pro-
vided, 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 pro-
vided 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 eval-
uation 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 sec-
tion 205 of this Act.
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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 De-
pendents’ Medical Care Act (10 U.S.C. ch. 55), and for
payments pursuant to section 229(b) of the Social Secu-
rity Act (42 U.S.C. 429(b)), such amounts as may be re-
quired 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, $300,619,000: Provided,
That this amount is distributed as follows: Centers for
Disease Control and Prevention, $231,919,000, of which
$52,000,000 shall remain available until expended for the
National Pharmaceutical Stockpile; and Office of Emer-
gency Preparedness, $68,700,000.
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.
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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 Pub-
lic Health Service Act or section 1503 of the National In-
stitutes 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 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 Ex-
ecutive Level II.
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 Appropria-
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tions of the Senate and of the House detailing the planned
uses of such funds.
(TRANSFER OF FUNDS)
SEC. 206. Not to exceed 1 percent of any discre-
tionary 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 10 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. 207. 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. 208. Of the amounts made available in this Act
for the National Institutes of Health, the amount for re-
search related to the human immunodeficiency virus, as
jointly determined by the Director of the National Insti-
tutes of Health and the Director of the Office of AIDS
Research, shall be made available to the ‘‘Office of AIDS
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Research’’ account. The Director of the Office of AIDS
Research shall transfer from such account amounts nec-
essary to carry out section 2353(d)(3) of the Public
Health Service Act.
SEC. 209. 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 plan-
ning services and that it provides counseling to minors on
how to resist attempts to coerce minors into engaging in
sexual activities.
SEC. 210. 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 oth-
erwise eligible entity (including a Provider Sponsored Or-
ganization) 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 capita-
tion payment to such an entity (based on an actuarially
sound estimate of the expected costs of providing the serv-
ice to such entity’s enrollees): Provided further, That noth-
ing in this section shall be construed to change the Medi-
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care 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. 211. 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. 212. (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 pursu-
ant 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 the State misses the retailer
compliance rate goal established by the Secretary of
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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 fis-
cal 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 Sec-
retary 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 enforc-
ing 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. 213. (a) In order for the Centers for Disease
Control and Prevention to carry out international HIV/
AIDS and other infectious disease, chronic and environ-
mental disease, and other health activities abroad during
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fiscal year 2002, the Secretary of Health and Human
Services is authorized to—
(1) utilize the authorities contained in sub-
section 2(c) of the State Department Basic Authori-
ties Act of 1956, as amended, subject to the limita-
tions set forth in subsection (b), and
(2) enter into reimbursable agreements with the
Department of State using any funds appropriated
to the Department of Health and Human Services,
for the purposes for which the funds were appro-
priated in accordance with authority granted to the
Secretary of Health and Human Services or under
authority governing the activities of the Department
of State.
(b) In exercising the authority set forth in subsection
(a)(1), the Secretary of Health and Human Services—
(1) shall not award contracts for performance
of an inherently governmental function; and
(2) shall follow otherwise applicable Federal
procurement laws and regulations to the maximum
extent practicable.
SEC. 214. The Division of Federal Occupational
Health may utilize personal services contracting to employ
professional management/administrative and occupational
health professionals.
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SEC. 215. Of the funds appropriated for the National
Institutes of Health for fiscal year 2002, $2,875,000,000
shall not be available for obligation until September 30,
2002.
This title may be cited as the ‘‘Department of Health
and Human Services Appropriations Act, 2002’’.
TITLE III—DEPARTMENT OF EDUCATION
EDUCATION FOR THE DISADVANTAGED
For carrying out title I of the Elementary and Sec-
ondary Education Act of 1965, as redesignated and
amended by H.R. 1 of the 107th Congress, as passed by
the House of Representatives on May 23, 2001, and sec-
tion 418A of the Higher Education Act of 1965,
$12,547,900,000, of which $5,667,700,000 shall become
available on July 1, 2002, and shall remain available
through 
September 
30, 
2003, 
and 
of 
which
$6,758,300,000 shall become available on October 1, 2002
and shall remain available through September 30, 2003,
for 
academic 
year 
2002–2003: 
Provided, 
That
$8,037,000,000 shall be available for basic grants under
section 1124: Provided further, That $1,684,000,000 shall
be available for concentration grants under section 1124A:
Provided further, That $779,000,000 shall be available for
targeted grants under section 1125.
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IMPACT AID
For carrying out programs of financial assistance to
federally affected schools authorized by title VI of the Ele-
mentary and Secondary Education Act of 1965, as redes-
ignated and amended by H.R. 1 of the 107th Congress,
as passed by the House of Representatives on May 23,
2001, $1,130,500,000, 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 dis-
abilities under section 8003(d), $35,000,000 shall be for
construction under section 8007, $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.
SCHOOL IMPROVEMENT PROGRAMS
For carrying out school improvement activities au-
thorized by titles I–B, E and G, II, III–A, IV, V and VII–
A of the Elementary and Secondary Education Act of
1965, as redesignated and amended by H.R. 1 of the
107th Congress, as passed by the House of Representa-
tives on May 23, 2001; the Stewart B. McKinney Home-
less Assistance Act; the Civil Rights Act of 1964; section
10105, part B of title IX and part A of title XIII of the
Elementary and Secondary Education Act of 1965; and
part B of title VIII of the Higher Education Act of 1965;
$7,673,084,000, of which $2,178,750,000 shall become
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available on July 1, 2002, and remain available through
September 30, 2003, and of which $1,960,000,000 shall
become available on October 1, 2002, and shall remain
available through September 30, 2003, for academic year
2002–2003.
INDIAN EDUCATION
For expenses necessary to carry out, to the extent
not otherwise provided, title III, part A of the Elementary
and Secondary Education Act of 1965, as redesignated
and amended by H.R. 1 of the 107th Congress, as passed
by the House of Representatives on May 23, 2001,
$123,235,000.
BILINGUAL AND IMMIGRANT EDUCATION
For carrying out, to the extent not otherwise pro-
vided, bilingual, foreign language and immigrant edu-
cation activities authorized by title III–A of the Elemen-
tary and Secondary Education Act of 1965, as redesig-
nated and amended by H.R. 1 of the 107th Congress, as
passed by the House of Representatives on May 23, 2001,
$700,000,000.
SPECIAL EDUCATION
For carrying out the Individuals with Disabilities
Education Act, $8,860,076,000, of which $3,516,885,000
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 Octo-
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ber 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 cir-
culation of recorded educational materials.
REHABILITATION SERVICES AND DISABILITY RESEARCH
For carrying out, to the extent not otherwise pro-
vided, the Rehabilitation Act of 1973, the Assistive Tech-
nology Act of 1998, and the Helen Keller National Center
Act, $2,942,117,000, of which $60,000,000 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
each State shall be provided $50,000 for activities under
section 102 of the AT Act: Provided further, That
$40,000,000 shall be used to support grants for up to
three 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 per-
cent 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.
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That of the amounts made available for the Adult Edu-
cation 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.
STUDENT FINANCIAL ASSISTANCE
For carrying out subparts 1, 3, and 4 of part A, sec-
tion 428K, part C and part E of title IV of the Higher
Education Act of 1965, as amended, $12,410,100,000,
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:
Provided, That notwithstanding section 401(g) of the Act,
if the Secretary determines, prior to publication of the
payment schedule for such award year, that the amount
included within this appropriation for Pell Grant awards
in such award year, and any funds available from the fis-
cal year 2001 appropriation for Pell Grant awards, are
insufficient to satisfy fully all such awards for which stu-
dents are eligible, as calculated under section 401(b) of
the Act, the amount paid for each such award shall be
reduced by either a fixed or variable percentage, or by a
fixed dollar amount, as determined in accordance with a
schedule of reductions established by the Secretary for this
purpose.
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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 pro-
vided, section 121 and titles II, III, IV, V, VI, VII, and
VIII of the Higher Education Act of 1965, as amended,
section 1543 of the Higher Education Amendments of
1992, and the Mutual Educational and Cultural Exchange
Act of 1961; $1,908,151,000, of which $5,000,000 for in-
terest subsidies authorized by section 121 of the Higher
Education Act of 1965, shall remain available until ex-
pended: 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 Gov-
ernment Performance and Results Act of 1993.
HOWARD UNIVERSITY
For partial support of Howard University (20 U.S.C.
121 et seq.), $242,474,000, of which not less than
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$3,600,000 shall be for a matching endowment grant pur-
suant 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.
HISTORICALLY BLACK COLLEGE AND UNIVERSITY
CAPITAL FINANCING PROGRAM ACCOUNT
The total amount of bonds insured pursuant to sec-
tion 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 Histori-
cally Black College and University Capital Financing Pro-
gram entered into pursuant to title III, part D of the
Higher Education Act of 1965, as amended, $208,000.
EDUCATION RESEARCH, STATISTICS, AND IMPROVEMENT
For carrying out activities authorized by the Edu-
cational Research, Development, Dissemination, and Im-
provement Act of 1994, including part E; the National
Education Statistics Act of 1994, including sections 411
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and 412; title II–B and C, title IV–A and title VII–A of
the Elementary and Secondary Education Act of 1965, as
redesignated and amended by H.R. 1 of the 107th Con-
gress, as passed by the House of Representatives on May
23, 2001, $445,620,000: Provided, That $77,500,000 of
the funds provided for the national education research in-
stitutes shall be allocated notwithstanding section
912(m)(1)(B–F) and subparagraphs (B) and (C) of sec-
tion 931(c)(2) of Public Law 103–227.
DEPARTMENTAL MANAGEMENT
PROGRAM ADMINISTRATION
For carrying out, to the extent not otherwise pro-
vided, the Department of Education Organization Act, in-
cluding rental of conference rooms in the District of Co-
lumbia and hire of two passenger motor vehicles,
$427,212,000.
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 INSPECTOR GENERAL
For expenses necessary for the Office of Inspector
General, as authorized by section 212 of the Department
of Education Organization Act, $38,720,000.
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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 trans-
portation of any student to a school other than the school
which is nearest the 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 in-
cludes 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 clus-
tering. The prohibition described in this section does not
include the establishment of magnet schools.
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SEC. 303. No funds appropriated under this Act may
be used to prevent the implementation of programs of vol-
untary prayer and meditation in the public schools.
SEC. 304. Not to exceed 1 percent of any discre-
tionary 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 Appro-
priations Committees of both Houses of Congress are noti-
fied at least 15 days in advance of any transfer.
This title may be cited as the ‘‘Department of Edu-
cation Appropriations Act, 2002’’.
TITLE IV—RELATED AGENCIES
ARMED FORCES RETIREMENT HOME
For expenses necessary for the Armed Forces Retire-
ment 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, $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, notwith-
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standing any other provision of law, a single contract or
related contracts for development and construction, to in-
clude construction of a long–term care facility at the
United States Naval Home, may be employed which collec-
tively include the full scope of the project: Provided fur-
ther, 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 Obliga-
tions.
CORPORATION FOR NATIONAL AND COMMUNITY SERVICE
DOMESTIC VOLUNTEER SERVICE PROGRAMS, OPERATING
EXPENSES
For expenses necessary for the Corporation for Na-
tional and Community Service to carry out the provisions
of the Domestic Volunteer Service Act of 1973, as amend-
ed, $324,450,000: 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 incen-
tives to volunteers or volunteer leaders whose incomes ex-
ceed 125 percent of the national poverty level.
CORPORATION FOR PUBLIC BROADCASTING
For payment to the Corporation for Public Broad-
casting, as authorized by the Communications Act of
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1934, an amount which shall be available within limita-
tions specified by that Act, for the fiscal year 2004,
$365,000,000: 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: Pro-
vided further, That in addition to the amounts provided
above, $25,000,000, to remain available until expended,
shall be for digitalization, pending enactment of author-
izing legislation.
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-Man-
agement 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,
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Public Law 95–454 (5 U.S.C. ch. 71), $39,482,000, in-
cluding $1,500,000, to remain available through Sep-
tember 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 ac-
tivities and other conflict resolution services and technical
assistance, including those provided to foreign govern-
ments and international organizations, and for arbitration
services shall be credited to and merged with this account,
and shall remain available until expended: Provided fur-
ther, That fees for arbitration services shall be available
only for education, training, and professional development
of the agency workforce: Provided further, That the Direc-
tor 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.
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INSTITUTE OF MUSEUM AND LIBRARY SERVICES
OFFICE OF LIBRARY SERVICES: GRANTS AND
ADMINISTRATION
For carrying out subtitle B of the Museum and Li-
brary Services Act, $168,078,000, of which $11,081,000
shall be for projects authorized by section 262 of such Act,
notwithstanding section 221(a)(1)(B).
MEDICARE PAYMENT ADVISORY COMMISSION
SALARIES AND EXPENSES
For expenses necessary to carry out section 1805 of
the Social Security Act, $8,000,000, 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.
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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 LABOR RELATIONS BOARD
SALARIES AND EXPENSES
For expenses necessary for the National Labor Rela-
tions 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, $221,438,000: Pro-
vided, That no part of this appropriation shall be available
to organize or assist in organizing agricultural 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 Relations Act, 1947, as amend-
ed, and as defined in section 3(f) of the Act of June 25,
1938 (29 U.S.C. 203), and including in said definition em-
ployees engaged in the maintenance and operation of
ditches, canals, reservoirs, and waterways when main-
tained or operated on a mutual, nonprofit basis and at
least 95 percent of the water stored or supplied thereby
is used for farming purposes.
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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 Presi-
dent, $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 Ac-
count, authorized under section 15(d) of the Railroad Re-
tirement 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 addi-
tion, 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 ap-
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proximately 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 insur-
ance administration fund.
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 $6,042,000, to be derived from
the railroad retirement accounts and railroad unemploy-
ment insurance account: Provided, That none of the funds
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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, of-
fice supplies, communications facilities or services, mainte-
nance 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 avail-
able until expended.
For making, after July 31 of the current fiscal year,
benefit payments to individuals under title IV of the Fed-
eral Mine Safety and Health Act of 1977, for costs in-
curred 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
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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 Se-
curity 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 Secu-
rity trust funds for administrative expenses incurred pur-
suant to section 201(g)(1) of the Social Security Act,
$21,270,412,000, 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 administrative expenses for continuing dis-
ability 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 So-
cial Security Act, for unanticipated costs incurred for the
current fiscal year, such sums as may be necessary.
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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 ex-
pended.
LIMITATION ON ADMINISTRATIVE EXPENSES
For necessary expenses, including the hire of two pas-
senger motor vehicles, and not to exceed $35,000 for offi-
cial reception and representation expenses, not more than
$7,035,000,000 may be expended, as authorized by sec-
tion 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 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 tech-
nology and telecommunications hardware and software in-
frastructure, including related equipment and non-payroll
administrative expenses associated solely with this infor-
mation 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 pursu-
ant to policies, regulations, or procedures referred to in
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section 7135(b) of such title shall be made by the Sec-
retary of the Treasury, with interest, from amounts in the
general fund not otherwise appropriated, as soon as pos-
sible 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 re-
views’’ 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 admin-
istration fees in excess of $5.00 per supplementary pay-
ment 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
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2003 only to the extent provided in advance in appropria-
tions 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 pro-
grams targeted to elderly and disabled individuals under
titles XVIII and XIX of the Social Security Act.
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 ex-
pended as authorized by section 201(g)(1) of the Social
Security Act from the Federal Old-Age and Survivors In-
surance 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 trans-
fers shall be transmitted promptly to the Committees on
Appropriations of the House and Senate.
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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, $15,000,000.
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 recog-
nized executive-legislative relationships, for publicity or
propaganda purposes, for the preparation, distribution, or
use of any kit, pamphlet, booklet, publication, radio, tele-
vision, or video presentation designed to support or defeat
legislation pending before the Congress or any State legis-
lature, except in presentation to the Congress or any State
legislature itself.
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(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 recipi-
ent, 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 $20,000
and $15,000, respectively, from funds available for sala-
ries and expenses under titles I and III, respectively, for
official reception and representation expenses; the Direc-
tor of the Federal Mediation and Conciliation Service is
authorized to make available for official reception and rep-
resentation expenses not to exceed $2,500 from the funds
available for ‘‘Salaries and expenses, Federal Mediation
and Conciliation Service’’; and the Chairman of the Na-
tional Mediation Board is authorized to make available for
official reception and representation expenses not to ex-
ceed $2,500 from funds available for ‘‘Salaries and ex-
penses, 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 nee-
dles or syringes for the hypodermic injection of any illegal
drug.
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SEC. 506. (a) It is the sense of the Congress that,
to the greatest extent practicable, all equipment and prod-
ucts 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 avail-
able 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 in-
scription 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 docu-
ments 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
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State and local governments and recipients of Federal re-
search 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 abor-
tion.
(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 arrange-
ment.
SEC. 509. (a) The limitations established in the pre-
ceding section shall not apply to an abortion—
(1) if the pregnancy is the result of an act of
rape or incest; or
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(2) in the case where a woman suffers from a
physical disorder, physical injury, or physical illness,
including a life-endangering physical condition
caused by or arising from the pregnancy itself, that
would, as certified by a physician, place the woman
in danger of death unless an abortion is performed.
(b) Nothing in the preceding section shall be con-
strued 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 con-
strued as restricting the ability of any managed care pro-
vider from offering abortion coverage or the ability of a
State or locality to contract separately with such a pro-
vider 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 em-
bryos are destroyed, discarded, or knowingly sub-
jected to risk of injury or death greater than that
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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 estab-
lished 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
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in section 4212(d) of title 38, United States Code,
regarding submission of an annual report to the Sec-
retary 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 enti-
ty.
SEC. 513. None of the funds made available in this
Act may be used to promulgate or adopt any final stand-
ard under section 1173(b) of the Social Security Act (42
U.S.C. 1320d–2(b)) providing for, or providing for the as-
signment 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 specifi-
cally approving the standard.
TITLE VI—EXTENSION OF MARK-
TO-MARKET 
PROGRAM 
FOR
MULTIFAMILY 
ASSISTED
HOUSING
SEC. 601. SHORT TITLE AND TABLE OF CONTENTS.
(a) SHORT TITLE.—This title may be cited as the
‘‘Mark-to-Market Extension Act of 2001’’.
(b) TABLE OF CONTENTS.—The table of contents for
this title is as follows:
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TITLE VI—EXTENSION OF MARK-TO-MARKET PROGRAM FOR
MULTIFAMILY ASSISTED HOUSING
Sec. 601. Short title and table of contents.
Sec. 602. Purposes.
Sec. 603. Effective date.
Subtitle A—Multifamily Housing Mortgage and Assistance Restructuring and
Section 8 Contract Renewal
Sec. 611. Definitions.
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 insur-
ance.
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 hous-
ing.
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 re-
habilitated to a standard that allows the properties
to meet their long-term affordability requirements;
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(3) to ensure that, for properties that undergo
mortgage restructurings pursuant to that Act, re-
serves are set at adequate levels to allow the prop-
erties to meet their long-term affordability require-
ments;
(4) to ensure that properties that undergo
mortgage restructurings pursuant to that Act are
operated efficiently, and that operating expenses are
sufficient to ensure the long-term financial and
physical integrity of the properties;
(5) to ensure that properties that undergo rent
restructurings have adequate resources to maintain
the properties in good condition;
(6) to ensure that the Office of Multifamily
Housing Assistance Restructuring of the Depart-
ment of Housing and Urban Development continues
to focus on the portfolio of properties eligible for re-
structuring under that Act;
(7) to ensure that the Department of Housing
and Urban Development carefully tracks the condi-
tion of those properties on an ongoing basis;
(8) to ensure that tenant groups, nonprofit or-
ganizations, and public entities continue to have the
resources for building the capacity of tenant organi-
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zations 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, includ-
ing public participating administrative entities, with
the flexibility to respond to specific problems that in-
dividual cases may present, while ensuring consistent
outcomes around the country.
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 Re-
structuring and Section 8 Con-
tract Renewal
SEC. 611. DEFINITIONS.
Section 512 of the Multifamily Assisted Housing Re-
form and Affordability Act of 1997 (42 U.S.C. 1437f
note) is amended by adding at the end the following new
paragraph:
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‘‘(19) OFFICE.—The term ‘Office’ means the
Office of Multifamily Housing Assistance Restruc-
turing established under section 571.’’.
SEC. 612. MARK-TO-MARKET PROGRAM AMENDMENTS.
(a) FUNDING FOR TENANT AND NONPROFIT PAR-
TICIPATION.—Section 514(f)(3)(A) of the Multifamily As-
sisted 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 in-
serting ‘‘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 serv-
ices,’’ 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 strik-
ing ‘‘restructured mortgages in any fiscal year’’ and in-
serting ‘‘portfolio restructuring agreements’’.
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(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 fol-
lowing:
‘‘(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 para-
graph 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:
‘‘(3) MORTGAGE RESTRUCTURING AND RENTAL
ASSISTANCE SUFFICIENCY PLANS.—Notwithstanding
paragraph (1), the owner of the project may request,
and the Secretary may consider, mortgage restruc-
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turing and rental assistance sufficiency plans to fa-
cilitate 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-In-
come Housing Preservation and Resident Home-
ownership 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 in-
serting ‘‘, 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 Af-
fordability 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 be-
fore the date of the enactment of this Act);
(2) in subsection (b)—
(A) in paragraph (7), by striking ‘‘(7)’’
and inserting ‘‘(1)’’; and
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(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 require-
ments regarding such additional significant fea-
tures under such plans.
‘‘(B) 
FUNDING.—Significant 
features
added pursuant to an approved mortgage re-
structuring 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
CONTRIBU-
TION.—An owner of a project may not be re-
quired to contribute from non-project resources,
toward the cost of any additional significant
features required pursuant to this paragraph,
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more than 25 percent of the amount of any as-
sistance received for the inclusion of such fea-
tures.
‘‘(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 re-
structuring and rental assistance sufficiency
plan on or before the date of the enactment of
the Mark-to-Market Extension Act of 2001.’’;
and
(3) by inserting after paragraph (6) of sub-
section (b) the following:
‘‘(c) REHABILITATION NEEDS
AND ADDITION
OF
SIGNIFICANT FEATURES.—’’.
(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 fol-
lowing: ‘‘Notwithstanding any other provision of this title,
the Secretary may treat a project as an eligible multi-
family 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)
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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 sec-
tion 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 sec-
ond mortgage, assign the second mortgage to the ac-
quiring 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)’’.
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SEC. 613. CONSISTENCY OF RENT LEVELS UNDER EN-
HANCED VOUCHER ASSISTANCE AND RENT
RESTRUCTURINGS.
Subtitle A of the Multifamily Assisted Housing Re-
form 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 EN-
HANCED VOUCHER ASSISTANCE AND RENT
RESTRUCTURINGS.
‘‘(a) IN GENERAL.—The Secretary shall examine the
standards and procedures for determining and estab-
lishing the rent standards described under subsection (b).
Pursuant to such examination, the Secretary shall estab-
lish procedures and guidelines that are designed to ensure
that the amounts determined by the various rent stand-
ards 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 de-
scribed in this subsection are as follows:
‘‘(1) ENHANCED
VOUCHERS.—The payment
standard for enhanced voucher assistance under sec-
tion 8(t) of the United States Housing Act of 1937
(42 U.S.C. 1437f(t)).
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‘‘(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.’’.
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 (in-
cluding 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 cap-
ital repairs to the project or acquisition of the project by
a nonprofit organization, and (III) to the extent that in-
clusion of such costs (or a portion thereof) complies with
the requirement under clause (ii).’’.
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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 Sec-
retary that is subject to a mortgage restructuring
and rental assistance sufficiency plan pursuant to
the Multifamily Assisted Housing Reform and Af-
fordability Act of 1997 (42 U.S.C. 1437f note), pro-
vided 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 sub-
paragraph:
‘‘(C) a mortgage that is subject to a mort-
gage restructuring and rental assistance suffi-
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ciency plan pursuant to the Multifamily As-
sisted 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 Multi-
family 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 Re-
form and Affordability Act of 1997 (42 U.S.C. 1437f
note) is amended—
(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’’;
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(3) in section 514(f)(3)(B), by inserting ‘‘Hous-
ing’’ 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 insert-
ing 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 Re-
form and Affordability Act of 1997 (42 U.S.C. 1437f
note) is amended—
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(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 sec-
tion) 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 Sep-
tember 30, 2001’’ and inserting ‘‘at the end of Sep-
tember 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 pro-
gram 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:
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‘‘(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 multi-
family housing.’’.
(b) APPLICABILITY.—The amendment made by sub-
section (a) shall apply to the first Director of the Office
of Multifamily Housing Assistance Restructuring of the
Department of Housing and Urban Development ap-
pointed 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 Direc-
tor 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 sub-
section (a) shall apply to any vacancy in the position of
Director of the Office of Multifamily Housing Assistance
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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 COMMIS-
SIONER.
(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 COMMIS-
SIONER.
‘‘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 Commis-
sioner.’’.
(b) REPORT.—The second sentence of section 573(b)
of the Multifamily Assisted Housing Reform and Afford-
ability Act of 1997 (42 U.S.C. 1437f note) is amended
by striking ‘‘Secretary’’ and inserting ‘‘Assistant Sec-
retary of the Department of Housing and Urban Develop-
ment who is the Federal Housing Commissioner’’.
SEC. 625. LIMITATION ON SUBSEQUENT EMPLOYMENT.
Section 576 of the Multifamily Assisted Housing Re-
form and Affordability Act of 1997 (42 U.S.C. 1437f
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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 EX-
CEPTION.
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 hous-
ing project’’ the following: ‘‘(including any such mortgage
prepayment during fiscal year 1996 or a fiscal year there-
after or any insurance contract voluntary termination dur-
ing 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).
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(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 im-
plement or carry out the amendments made by sub-
section (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
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effect immediately after the enactment of Public Law
106–400 (114 Stat. 1675).
This Act may be cited as the ‘‘Departments of Labor,
Health and Human Services, and Education, and Related
Agencies Appropriations Act, 2002’’.
Union Calendar No. 140
107TH CONGRESS
1ST SESSION
H. R. 3061
[Report No. 107–229]
A BILL
Making appropriations for the Departments of
Labor, Health and Human Services, and Edu-
cation, and related agencies for the fiscal year
ending September 30, 2002, and for other pur-
poses.
OCTOBER 9, 2001
Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed