H. R. 3061—42
representation expenses not to exceed $2,500 from the funds avail-
able for ‘‘Salaries and expenses, Federal Mediation and Conciliation
Service’’; and the Chairman of the National Mediation Board is
authorized to make available for official reception and representa-
tion expenses not to exceed $2,500 from funds available for ‘‘Salaries
and expenses, National Mediation Board’’.
SEC. 505. Notwithstanding any other provision of this Act,
no funds appropriated under this Act shall be used to carry out
any program of distributing sterile needles or syringes for the
hypodermic injection of any illegal drug.
SEC. 506. (a) It is the sense of the Congress that, to the
greatest extent practicable, all equipment and products purchased
with funds made available in this Act should be American-made.
(b) In providing financial assistance to, or entering into any
contract with, any entity using funds made available in this Act,
the head of each Federal agency, to the greatest extent practicable,
shall provide to such entity a notice describing the statement made
in subsection (a) by the Congress.
(c) If it has been finally determined by a court or Federal
agency that any person intentionally affixed a label bearing a
‘‘Made in America’’ inscription, or any inscription with the same
meaning, to any product sold in or shipped to the United States
that is not made in the United States, the person shall be ineligible
to receive any contract or subcontract made with funds made avail-
able in this Act, pursuant to the debarment, suspension, and ineligi-
bility procedures described in sections 9.400 through 9.409 of title
48, Code of Federal Regulations.
SEC. 507. When issuing statements, press releases, requests
for proposals, bid solicitations and other documents describing
projects or programs funded in whole or in part with Federal
money, all grantees receiving Federal funds included in this Act,
including but not limited to State and local governments and recipi-
ents of Federal research grants, shall clearly state: (1) the percent-
age 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 appro-
priated under this Act, shall be expended for any abortion.
(b) None of the funds appropriated under this Act, and none
of the funds in any trust fund to which funds are appropriated
under this Act, shall be expended for health benefits coverage
that includes coverage of abortion.
(c) The term ‘‘health benefits coverage’’ means the package
of services covered by a managed care provider or organization
pursuant to a contract or other arrangement.
SEC. 509. (a) The limitations established in the preceding sec-
tion shall not apply to an abortion—
(1) if the pregnancy is the result of an act of rape or
incest; or
(2) in the case where a woman suffers from a physical
disorder, physical injury, or physical illness, including a 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.
H. R. 3061—43
(b) Nothing in the preceding section shall be construed as
prohibiting the expenditure by a State, locality, entity, or private
person of State, local, or private funds (other than a State’s or
locality’s contribution of Medicaid matching funds).
(c) Nothing in the preceding section shall be construed as
restricting the ability of any managed care provider from offering
abortion coverage or the ability of a State or locality to contract
separately with such a provider for such coverage with State funds
(other than a State’s or locality’s contribution of Medicaid matching
funds).
SEC. 510. (a) None of the funds made available in this Act
may be used for—
(1) the creation of a human embryo or embryos for research
purposes; or
(2) research in which a human embryo or embryos are
destroyed, discarded, or knowingly subjected to risk of injury
or death greater than that allowed for research on fetuses
in utero under 45 CFR 46.208(a)(2) and section 498(b) of the
Public Health Service Act (42 U.S.C. 289g(b)).
(b) For purposes of this section, the term ‘‘human embryo
or embryos’’ includes any organism, not protected as a human
subject under 45 CFR 46 as of the date of the enactment of this
Act, that is derived by fertilization, parthenogenesis, cloning, or
any other means from one or more human gametes or human
diploid cells.
SEC. 511. (a) None of the funds made available in this Act
may be used for any activity that promotes the legalization of
any drug or other substance included in schedule I of the schedules
of controlled substances established by section 202 of the Controlled
Substances Act (21 U.S.C. 812).
(b) The limitation in subsection (a) shall not apply when there
is significant medical evidence of a therapeutic advantage to the
use of such drug or other substance or that federally sponsored
clinical trials are being conducted to determine therapeutic advan-
tage.
SEC. 512. None of the funds made available in this Act may
be obligated or expended to enter into or renew a contract with
an entity if—
(1) such entity is otherwise a contractor with the United
States and is subject to the requirement in section 4212(d)
of title 38, United States Code, regarding submission of an
annual report to the Secretary of Labor concerning employment
of certain veterans; and
(2) such entity has not submitted a report as required
by that section for the most recent year for which such require-
ment was applicable to such entity.
SEC. 513. None of the funds made available in this Act may
be used to promulgate or adopt any final standard under section
1173(b) of the Social Security Act (42 U.S.C. 1320d–2(b)) providing
for, or providing for the assignment of, a unique health identifier
for an individual (except in an individual’s capacity as an employer
or a health care provider), until legislation is enacted specifically
approving the standard.
SEC. 514. (a) Section 10 of the Native Hawaiian Health Care
Improvement Act (42 U.S.C. 11709) is amended—
H. R. 3061—44
(1) in subsection (a) in the matter preceding paragraph
(1), by striking ‘‘Kamehameha School/Bishop Estate’’ and
inserting ‘‘Papa Ola Lokahi’’; and
(2) in subsection (b)(1)(C), by striking ‘‘Kamehameha
School/Bishop Estate’’ and inserting ‘‘Papa Ola Lokahi’’.
(b) Section 338K(a) of the Public Health Service Act (42
U.S.C. 254s(a)) is amended by striking ‘‘Kamehameha School/
Bishop Estate’’ and inserting ‘‘Papa Ola Lokahi’’.
SEC. 515. (a) In this section the term ‘‘qualified magistrate
judge’’ means any person who—
(1) retired as a magistrate judge before November 15, 1988;
and
(2) on the date of filing an election under subsection (b)—
(A) is serving as a recalled magistrate judge on a
full-time basis under section 636(h) of title 28, United
States Code; and
(B) has completed at least 5 years of full-time recall
service.
(b) The Director of the Administrative Office of the United
States Courts may accept the election of a qualified magistrate
judge to—
(1) receive an annuity under section 377 of title 28, United
States Code; and
(2) come within the purview of section 376 of such title.
(c) Full-time recall service performed by a qualified magistrate
judge shall be credited for service in calculating an annuity elected
under this section.
(d) The Director of the Administrative Office of the United
States Courts may promulgate regulations to carry out this section.
SEC. 516. Amounts made available under this Act for the
administrative and related expenses for departmental management
for the Department of Labor, the Department of Health and Human
Services, and the Department of Education, shall be reduced on
a pro rata basis by $25,000,000: Provided, That this provision
shall not apply to the Food and Drug Administration and the
Indian Health Service: Provided further, That not later than 15
days after the enactment of this Act, the Director of the Office
of Management and Budget shall report to the House and Senate
Committees on Appropriations the accounts subject to the pro rata
reductions and the amount to be reduced in each account.
TITLE 
VI—EXTENSION 
OF 
MARK-TO-
MARKET 
PROGRAM 
FOR 
MULTI-
FAMILY 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:
TITLE VI—EXTENSION OF MARK-TO-MARKET PROGRAM FOR
MULTIFAMILY ASSISTED HOUSING
Sec. 601. Short title and table of contents.
Sec. 602. Purposes.
H. R. 3061—45
Sec. 603. Effective date.
Subtitle A—Multifamily Housing Mortgage and Assistance Restructuring and
Section 8 Contract Renewal
Sec. 611. Definition.
Sec. 612. Mark-to-market program amendments.
Sec. 613. Consistency of rent levels under enhanced voucher assistance and rent
restructurings.
Sec. 614. Eligible inclusions for renewal rents of partially assisted buildings.
Sec. 615. Eligibility of restructuring projects for miscellaneous housing insurance.
Sec. 616. Technical corrections.
Subtitle B—Office of Multifamily Housing Assistance Restructuring
Sec. 621. Reauthorization of Office and extension of program.
Sec. 622. Appointment of Director.
Sec. 623. Vacancy in position of Director.
Sec. 624. Oversight by Federal Housing Commissioner.
Sec. 625. Limitation on subsequent employment.
Subtitle C—Miscellaneous Housing Program Amendments
Sec. 631. Extension of CDBG public services cap exception.
Sec. 632. Use of section 8 enhanced vouchers for prepayments.
Sec. 633. Prepayment and refinancing of loans for section 202 supportive housing.
Sec. 634. Technical correction.
SEC. 602. PURPOSES.
The purposes of this title are—
(1) to continue the progress of the Multifamily Assisted
Housing Reform and Affordability Act of 1997 (referred to in
this section as ‘‘that Act’’);
(2) to ensure that properties that undergo mortgage
restructurings pursuant to that Act are rehabilitated to a
standard that allows the properties to meet their long-term
affordability requirements;
(3) to ensure that, for properties that undergo mortgage
restructurings pursuant to that Act, reserves are set at ade-
quate levels to allow the properties to meet their long-term
affordability requirements;
(4) to ensure that properties that undergo mortgage
restructurings pursuant to that Act are operated efficiently,
and that operating expenses are sufficient to ensure the long-
term financial and physical integrity of the properties;
(5) 
to 
ensure 
that 
properties 
that 
undergo 
rent
restructurings have adequate resources to maintain the prop-
erties in good condition;
(6) to ensure that the Office of Multifamily Housing Assist-
ance Restructuring of the Department of Housing and Urban
Development continues to focus on the portfolio of properties
eligible for restructuring under that Act;
(7) to ensure that the Department of Housing and Urban
Development carefully tracks the condition of those properties
on an ongoing basis;
(8) to ensure that tenant groups, nonprofit organizations,
and public entities continue to have the resources for building
the capacity of tenant organizations in furtherance of the pur-
poses of subtitle A of that Act; and
(9) to encourage the Office of Multifamily Housing Assist-
ance Restructuring to continue to provide participating adminis-
trative entities, including public participating administrative
entities, with the flexibility to respond to specific problems
that individual cases may present, while ensuring consistent
outcomes around the country.