In the Senate of the United States,
November 6, 2001.
Resolved, That the bill from the House of Representa-
tives (H.R. 3061) entitled ‘‘An Act making appropriations for
the Departments of Labor, Health and Human Services, and
Education, and related agencies for the fiscal year ending
September 30, 2002, and for other purposes.’’, do pass with
the following
AMENDMENT:
Strike out all after the enacting clause and insert:
That the following sums are appropriated, out of any
money in the Treasury not otherwise appropriated, for the
Departments of Labor, Health and Human Services, and
Education, and related agencies for the fiscal year ending
September 30, 2002, and for other purposes, namely:
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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 Invest-
ment Act and the National Skill Standards Act of 1994;
$3,070,281,000 
plus 
reimbursements, 
of 
which
$1,670,941,000 is available for obligation for the period
July 1, 2002 through June 30, 2003; of which
$1,377,965,000 is available for obligation for the period
April 1, 2002 through June 30, 2003, including
$1,127,965,000 to carry out chapter 4 of the Workforce In-
vestment Act and $250,000,000 to carry out section 169 of
such Act; of which $3,500,000 is available for obligation Oc-
tober 1, 2001 until expended for carrying out the National
Skills Standards Act of 1994; and of which $20,375,000 is
available for the period July 1, 2002 through June 30, 2005
for necessary expenses of construction, rehabilitation, and
acquisition of Job Corps centers: Provided, That $9,098,000
shall be for carrying out section 172 of the Workforce Invest-
ment Act: Provided further, That funding provided herein
for carrying out Dislocated Worker Employment and
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Training Activities under the Workforce Investment Act
shall include $402,000,000 under section 132(a)(2)(B) of
the Act, and $87,000,000 under section 132(a)(2)(A) of the
Act: Provided further, That, notwithstanding any other pro-
vision of law or related regulation, $80,770,000 shall be for
carrying out section 167 of the Workforce Investment Act,
including $74,751,000 for formula grants, $5,000,000 for
migrant and seasonal housing, and $1,019,000 for other
discretionary purposes: Provided further, That funding pro-
vided herein under section 166 of the Workforce Investment
Act shall include $1,711,000 for use under section 166(j)(1)
of the Act: Provided further, That funds provided to carry
out section 171(d) of the Workforce Investment Act may be
used for demonstration projects that provide assistance to
new entrants in the workforce and incumbent workers: Pro-
vided further, That funding appropriated herein for Dis-
located Worker Employment and Training Activities under
section 132(a)(2)(A) of the Workforce Investment Act may
be distributed for Dislocated Worker Projects under section
171(d) of the Act without regard to the 10 percent limita-
tion contained in section 171(d) of the Act: Provided fur-
ther, That no funds from any other appropriation shall be
used to provide meal services at or for Job Corps centers.
For necessary expenses of the Workforce Investment
Act, including the purchase and hire of passenger motor
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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 Invest-
ment Act; $2,463,000,000 plus reimbursements, of which
$2,363,000,000 is available for obligation for the period Oc-
tober 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 construc-
tion, rehabilitation, and acquisition of Job Corps centers:
Provided, That funding provided herein for carrying out
Dislocated Worker Employment and Training Activities
under the Workforce Investment Act shall include
$880,800,000 under section 132(a)(2)(B) of the Act, and
$179,200,000 under section 132(a)(2)(A) of the Act.
COMMUNITY SERVICE EMPLOYMENT FOR OLDER AMERICANS
To carry out title V of the Older Americans Act of
1965, as amended, $450,000,000.
FEDERAL UNEMPLOYMENT BENEFITS AND ALLOWANCES
For payments during the current fiscal year of trade
adjustment benefit payments and allowances under part I;
and for training, allowances for job search and relocation,
and related State administrative expenses under part II,
subchapters B and D, chapter 2, title II of the Trade Act
of 1974, as amended, $415,650,000, together with such
amounts as may be necessary to be charged to the subse-
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quent appropriation for payments for any period subse-
quent to September 15 of the current year.
STATE UNEMPLOYMENT INSURANCE AND EMPLOYMENT
SERVICE OPERATIONS
For authorized administrative expenses, $191,452,000,
together with not to exceed $3,238,886,000 (including not
to exceed $1,228,000 which may be used for amortization
payments to States which had independent retirement plans
in their State employment service agencies prior to 1980),
which may be expended from the Employment Security Ad-
ministration account in the Unemployment Trust Fund in-
cluding the cost of administering section 51 of the Internal
Revenue Code of 1986, as amended, section 7(d) of the Wag-
ner-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 nec-
essary 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 auto-
mation acquisitions shall be available for obligation by the
States through September 30, 2004; and of which
$191,452,000, together with not to exceed $773,283,000 of
the amount which may be expended from said trust fund,
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shall be available for obligation for the period July 1, 2002
through June 30, 2003, to fund activities under the Act of
June 6, 1933, as amended, including the cost of penalty
mail authorized under 39 U.S.C. 3202(a)(1)(E) made
available to States in lieu of allotments for such purpose:
Provided, That to the extent that the Average Weekly In-
sured Unemployment (AWIU) for fiscal year 2002 is pro-
jected by the Department of Labor to exceed 2,622,000, an
additional $28,600,000 shall be available for obligation for
every 100,000 increase in the AWIU level (including a pro
rata amount for any increment less than 100,000) from the
Employment Security Administration Account of the Un-
employment Trust Fund: Provided further, That funds ap-
propriated in this Act which are used to establish a na-
tional one-stop career center system, or which are used to
support the national activities of the Federal-State unem-
ployment insurance programs, may be obligated in con-
tracts, grants or agreements with non-State entities: Pro-
vided further, That funds appropriated under this Act for
activities authorized under the Wagner-Peyser Act, as
amended, and title III of the Social Security Act, may be
used by the States to fund integrated Employment Service
and Unemployment Insurance automation efforts, notwith-
standing cost allocation principles prescribed under Office
of Management and Budget Circular A–87: Provided fur-
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ther, That notwithstanding any other provisions of law, the
portion of the funds received by the State of Mississippi
in the settlement of litigation with a contractor relating to
the acquisition of an automated system for benefit payments
under the unemployment compensation program that is at-
tributable to the expenditure of Federal grant funds award-
ed to the State shall be transferred to the account under
this heading and shall be made available by the Department
of Labor to the State of Mississippi for obligation by the
State through fiscal year 2004 to carry out automation and
related activities under the unemployment compensation
program.
ADVANCES TO THE UNEMPLOYMENT TRUST FUND AND
OTHER FUNDS
For repayable advances to the Unemployment Trust
Fund as authorized by sections 905(d) and 1203 of the So-
cial Security Act, as amended, and to the Black Lung Dis-
ability 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 allow-
ances’’ account, to remain available until September 30,
2003, $464,000,000.
In addition, for making repayable advances to the
Black Lung Disability Trust Fund in the current fiscal
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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, $112,571,000, including $5,903,000 to ad-
minister welfare-to-work grants, together with not to exceed
$48,507,000, which may be expended from the Employment
Security Administration account in the Unemployment
Trust Fund.
PENSION AND WELFARE BENEFITS ADMINISTRATION
SALARIES AND EXPENSES
For necessary expenses for the Pension and Welfare
Benefits Administration, $112,418,000.
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, with-
in 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-
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vided, That not to exceed $11,690,000 shall be available for
administrative expenses of the Corporation: Provided fur-
ther, That expenses of such Corporation in connection with
the termination of pension plans, for the acquisition, pro-
tection or management, and investment of trust assets, and
for benefits administration services shall be considered as
non-administrative expenses for the purposes hereof, and ex-
cluded from the above limitation.
EMPLOYMENT STANDARDS ADMINISTRATION
SALARIES AND EXPENSES
For necessary expenses for the Employment Standards
Administration, including reimbursement to State, Federal,
and local agencies and their employees for inspection serv-
ices rendered, $375,164,000, together with $1,981,000 which
may be expended from the Special Fund in accordance with
sections 39(c), 44(d) and 44(j) of the Longshore and Harbor
Workers’ Compensation Act: Provided, That $2,000,000
shall be for the development of an alternative system for
the electronic submission of reports required to be filed
under the Labor-Management Reporting and Disclosure Act
of 1959, as amended, and for a computer database of the
information for each submission by whatever means, that
is indexed and easily searchable by the public via the Inter-
net: Provided further, That the Secretary of Labor is au-
thorized to accept, retain, and spend, until expended, in
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the name of the Department of Labor, all sums of money
ordered to be paid to the Secretary of Labor, in accordance
with the terms of the Consent Judgment in Civil Action
No. 91–0027 of the United States District Court for the Dis-
trict of the Northern Mariana Islands (May 21, 1992): Pro-
vided further, That the Secretary of Labor is authorized to
establish and, in accordance with 31 U.S.C. 3302, collect
and deposit in the Treasury fees for processing applications
and issuing certificates under sections 11(d) and 14 of the
Fair Labor Standards Act of 1938, as amended (29 U.S.C.
211(d) and 214) and for processing applications and
issuing registrations under title I of the Migrant and Sea-
sonal 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, chap-
ter 81 of the United States Code; continuation of benefits
as provided for under the heading ‘‘Civilian War Benefits’’
in the Federal Security Agency Appropriation Act, 1947;
the Employees’ Compensation Commission Appropriation
Act, 1944; sections 4(c) and 5(f) of the War Claims Act
of 1948 (50 U.S.C. App. 2012); and 50 percent of the addi-
tional compensation and benefits required by section 10(h)
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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 ap-
propriation for the payment of compensation and other ben-
efits for any period subsequent to August 15 of the current
year: Provided, That amounts appropriated may be used
under section 8104 of title 5, United States Code, by the
Secretary of Labor to reimburse an employer, who is not
the employer at the time of injury, for portions of the salary
of a reemployed, disabled beneficiary: Provided further,
That balances of reimbursements unobligated on September
30, 2001, shall remain available until expended for the pay-
ment of compensation, benefits, and expenses: Provided fur-
ther, That in addition there shall be transferred to this ap-
propriation from the Postal Service and from any other cor-
poration or instrumentality required under section 8147(c)
of title 5, United States Code, to pay an amount for its
fair share of the cost of administration, such sums as the
Secretary determines to be the cost of administration for
employees of such fair share entities through September 30,
2002: Provided further, That of those funds transferred to
this account from the fair share entities to pay the cost of
administration of the Federal Employees’ Compensation
Act, $36,696,000 shall be made available to the Secretary
as follows: (1) for the operation of and enhancement to the
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automated data processing systems, including document
imaging and conversion to a paperless office, $24,522,000;
(2) for medical bill review and periodic roll management,
$11,474,000; (3) for communications redesign, $700,000;
and (4) the remaining funds shall be paid into the Treasury
as miscellaneous receipts: Provided further, That the Sec-
retary may require that any person filing a notice of injury
or a claim for benefits under chapter 81 of title 5, United
States Code, or 33 U.S.C. 901 et seq., provide as part of
such notice and claim, such identifying information (in-
cluding Social Security account number) as such regula-
tions may prescribe.
ENERGY EMPLOYEES OCCUPATIONAL ILLNESS
COMPENSATION FUND
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses to administer the Energy Em-
ployees 
Occupational 
Illness 
Compensation 
Act,
$136,000,000, to remain available until expended: Pro-
vided, That the Secretary of Labor is authorized to transfer
to any Executive agency with authority under the Energy
Employees Occupational Illness Compensation Act, includ-
ing within the Department of Labor, such sums as may
be necessary in fiscal year 2002 to carry out those authori-
ties: Provided further, That the Secretary may require that
any person filing a claim for benefits under the Act provide
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as part of such claim, such identifying information (includ-
ing Social Security account number) as may be prescribed.
BLACK LUNG DISABILITY TRUST FUND
(INCLUDING TRANSFER OF FUNDS)
In fiscal year 2002, such sums as may be necessary
from the Black Lung Disability Trust Fund, to remain
available until expended, for payment of all benefits author-
ized by section 9501(d) (1), (2), (4), and (7), of the Internal
Revenue Code of 1954, as amended; and interest on ad-
vances as authorized by section 9501(c)(2) of that Act. In
addition, the following amounts shall be available from the
Fund for fiscal year 2002 for expenses of operation and ad-
ministration of the Black Lung Benefits program as au-
thorized by section 9501(d)(5) of that Act: $31,558,000 for
transfer to the Employment Standards Administration,
‘‘Salaries and Expenses’’; $22,590,000 for transfer to De-
partmental 
Management, 
‘‘Salaries 
and 
Expenses’’;
$328,000 for transfer to Departmental Management, ‘‘Office
of Inspector General’’; and $356,000 for payments into mis-
cellaneous receipts for the expenses of the Department of
Treasury.
OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION
SALARIES AND EXPENSES
For necessary expenses for the Occupational Safety
and Health Administration, $450,262,000, including not to
exceed $92,119,000 which shall be the maximum amount
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available for grants to States under section 23(g) of the Oc-
cupational Safety and Health Act, which grants shall be
no less than 50 percent of the costs of State occupational
safety and health programs required to be incurred under
plans approved by the Secretary under section 18 of the
Occupational Safety and Health Act of 1970; and, in addi-
tion, notwithstanding 31 U.S.C. 3302, the Occupational
Safety and Health Administration may retain up to
$750,000 per fiscal year of training institute course tuition
fees, otherwise authorized by law to be collected, and may
utilize such sums for occupational safety and health train-
ing and education grants: Provided, That, notwithstanding
31 U.S.C. 3302, the Secretary of Labor is authorized, dur-
ing the fiscal year ending September 30, 2002, to collect
and retain fees for services provided to Nationally Recog-
nized Testing Laboratories, and may utilize such sums, in
accordance with the provisions of 29 U.S.C. 9a, to admin-
ister national and international laboratory recognition pro-
grams 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 Health Act of 1970 which is ap-
plicable to any person who is engaged in a farming oper-
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ation which does not maintain a temporary labor camp
and employs 10 or fewer employees: Provided further, That
no funds appropriated under this paragraph shall be obli-
gated or expended to administer 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 Standard Industrial Classification Code
for which such data are published, less than the national
average rate as such rates are most recently published by
the Secretary, acting through the Bureau of Labor Statis-
tics, 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 citation
for violations found during such inspection, and to
assess a penalty for violations which are not corrected
within a reasonable abatement period and for any
willful violations found;
(3) to take any action authorized by such Act
with respect to imminent dangers;
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(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 investigation au-
thorized by such Act; and
(6) to take any action authorized by such Act
with respect to complaints of discrimination against
employees for exercising rights under such Act:
Provided further, That the foregoing proviso shall not apply
to any person who is engaged in a farming operation which
does not maintain a temporary labor camp and employs
10 or fewer employees.
MINE SAFETY AND HEALTH ADMINISTRATION
SALARIES AND EXPENSES
For necessary expenses for the Mine Safety and Health
Administration, $256,093,000, including purchase and be-
stowal of certificates and trophies in connection with mine
rescue and first-aid work, and the hire of passenger motor
vehicles; including up to $1,000,000 for mine rescue and
recovery activities, which shall be available only to the ex-
tent that fiscal year 2002 obligations for these activities ex-
ceed $1,000,000; in addition, not to exceed $750,000 may
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be collected by the National Mine Health and Safety Acad-
emy for room, board, tuition, and the sale of training mate-
rials, 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 addi-
tion, the Mine Safety and Health Administration may re-
tain up to $1,000,000 from fees collected for the approval
and certification of equipment, materials, and explosives for
use in mines, and may utilize such sums for such activities;
the Secretary is authorized to accept lands, buildings,
equipment, and other contributions from public and private
sources and to prosecute projects in cooperation with other
agencies, Federal, State, or private; the Mine Safety and
Health Administration is authorized to promote health and
safety education and training in the mining community
through cooperative programs with States, industry, and
safety associations; and any funds available to the depart-
ment may be used, with the approval of the Secretary, to
provide for the costs of mine rescue and survival operations
in the event of a major disaster.
BUREAU OF LABOR STATISTICS
SALARIES AND EXPENSES
For necessary expenses for the Bureau of Labor Statis-
tics, including advances or reimbursements to State, Fed-
eral, and local agencies and their employees for services ren-
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dered, 
$396,588,000, 
together 
with 
not 
to 
exceed
$69,132,000, which may be expended from the Employment
Security Administration account in the Unemployment
Trust Fund; and $10,280,000 which shall be available for
obligation for the period July 1, 2002 through June 30,
2003, for Occupational Employment Statistics.
DEPARTMENTAL MANAGEMENT
SALARIES AND EXPENSES
For necessary expenses for Departmental Management,
including the hire of three sedans, and including the man-
agement or operation, through contracts, grants or other ar-
rangements of Departmental bilateral and multilateral for-
eign technical assistance, and $37,000,000 for the acquisi-
tion of Departmental information technology, architecture,
infrastructure, equipment, software and related needs which
will be allocated by the Department’s Chief Information Of-
ficer in accordance with the Department’s capital invest-
ment management process to assure a sound investment
strategy; $361,524,000; together with not to exceed
$310,000, which may be expended from the Employment
Security Administration account in the Unemployment
Trust Fund: Provided, That no funds made available by
this Act may be used by the Solicitor of Labor to participate
in a review in any United States court of appeals of any
decision made by the Benefits Review Board under section
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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 Direc-
tor, Office of Workers’ Compensation Programs v. Newport
News Shipbuilding, 115 S. Ct. 1278 (1995), notwith-
standing any provisions to the contrary contained in Rule
15 of the Federal Rules of Appellate Procedure: Provided
further, That no funds made available by this Act may be
used by the Secretary of Labor to review a decision under
the Longshore and Harbor Workers’ Compensation Act (33
U.S.C. 901 et seq.) that has been appealed and that has
been pending before the Benefits Review Board for more
than 12 months: Provided further, That any such decision
pending a review by the Benefits Review Board for more
than 1 year shall be considered affirmed by the Benefits
Review Board on the 1-year anniversary of the filing of
the appeal, and shall be considered the final order of the
Board for purposes of obtaining a review in the United
States courts of appeals: Provided further, That these provi-
sions shall not be applicable to the review or appeal of any
decision issued under the Black Lung Benefits Act (30
U.S.C. 901 et seq.).
OFFICE OF DISABILITY EMPLOYMENT POLICY
For necessary expenses of the Office of Disability Em-
ployment Policy to provide leadership, develop policy and
initiatives, and award grants furthering the objective of
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eliminating barriers to the training and employment of
people with disabilities, $43,263,000, of which not to exceed
$2,640,000 shall be for the President’s Task Force on the
Employment of Adults with Disabilities.
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 Pub-
lic Law 103–353, and which shall be available for obliga-
tion 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,
$26,800,000, of which $7,800,000 shall be available for obli-
gation for the period July 1, 2002, through June 30, 2003.
OFFICE OF INSPECTOR GENERAL
For salaries and expenses of the Office of Inspector
General in carrying out the provisions of the Inspector Gen-
eral 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 Un-
employment 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
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as an indirect cost, at a rate in excess of Executive Level
II.
(TRANSFER OF FUNDS)
SEC. 102. Not to exceed 1 percent of any discretionary
funds (pursuant to the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended) which are appro-
priated for the current fiscal year for the Department of
Labor in this Act may be transferred between appropria-
tions, but no such appropriation shall be increased by more
than 3 percent by any such transfer: Provided, That the
Appropriations Committees of both Houses of Congress are
notified at least 15 days in advance of any transfer.
SEC. 103. It is the sense of the Senate that amounts
should be appropriated to provide dislocated worker em-
ployment and training assistance under the Workforce In-
vestment Act to airport career centers (to be located with
the Port Authority of New York and New Jersey) to enable
such centers to provide services to workers in the airline
and related industries (including ground transportation
and other businesses) who have been dislocated as a result
of the September 11, 2001 attack on the World Trade Cen-
ter.
SEC. 104. It is the sense of the Senate that amounts
should be appropriated to provide adult employment and
training activities to assist individuals with disabilities
from New York and New Jersey who require vocational re-
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habilitative services as a result of the September 11, 2001
attack on the World Trade Center in order to permit such
individuals to return to work or maintain employment.
This title may be cited as the ‘‘Department of Labor
Appropriations Act, 2002’’.
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, $5,496,343,000, of which $10,000,000 shall be available
for construction and renovation of health care and other
facilities, and of which $25,000,000 from general revenues,
notwithstanding section 1820(j) of the Social Security Act,
shall be available for carrying out the Medicare rural hos-
pital flexibility grants program under section 1820 of such
Act: Provided, That the Division of Federal Occupational
Health may utilize personal services contracting to employ
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professional management/administrative and occupational
health professionals: Provided further, That of the funds
made available under this heading, $250,000 shall be avail-
able until expended for facilities renovations at the Gillis
W. Long Hansen’s Disease Center: Provided further, That
in addition to fees authorized by section 427(b) of the
Health Care Quality Improvement Act of 1986, fees shall
be collected for the full disclosure of information under the
Act sufficient to recover the full costs of operating the Na-
tional Practitioner Data Bank, and shall remain available
until expended to carry out that Act: Provided further, That
fees collected for the full disclosure of information under the
‘‘Health Care Fraud and Abuse Data Collection Program,’’
authorized by section 1128E(d)(2) of the Social Security
Act, shall be sufficient to recover the full costs of operating
the program, and shall remain available until expended to
carry out that Act: Provided further, That no more than
$5,000,000 is available for carrying out the provisions of
Public Law 104–73: Provided further, That of the funds
made available under this heading, $266,000,000 shall be
for the program under title X of the Public Health Service
Act to provide for voluntary family planning projects: Pro-
vided further, That amounts provided to said projects under
such title shall not be expended for abortions, that all preg-
nancy counseling shall be nondirective, and that such
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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 $610,000,000 shall be for State AIDS Drug
Assistance Programs authorized by section 2616 of the Pub-
lic Health Service Act: Provided further, That of the
amount provided for Rural Health Outreach Grants,
$12,500,000 shall be available to improve access to auto-
matic external defibrillators in rural communities.
For special projects of regional and national signifi-
cance under section 501(a)(2) of the Social Security Act,
$30,000,000, which shall become available on October 1,
2002, and shall remain available until September 30, 2003:
Provided, That such amount shall not be counted toward
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 absti-
nence education (as defined in section 510(b)(2) of such
Act) to adolescents and for evaluations (including longitu-
dinal 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 enti-
ties which agree that, with respect to an adolescent to whom
the entities provide abstinence education under such grant,
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the entities will not provide to that adolescent any other
education regarding sexual conduct, except that, in the case
of an entity expressly required by law to provide health in-
formation or services the adolescent shall not be precluded
from seeking health information or services from the entity
in a different setting than the setting in which the absti-
nence education was provided: Provided further, That the
funds expended for such evaluations may not exceed 3.5 per-
cent of such amount.
HEALTH EDUCATION ASSISTANCE LOANS PROGRAM
ACCOUNT
Such sums as may be necessary to carry out the pur-
pose of the program, as authorized by title VII of the Public
Health Service Act, as amended. For administrative ex-
penses to carry out the guaranteed loan program, including
section 709 of the Public Health Service Act, $3,792,000.
VACCINE INJURY COMPENSATION PROGRAM TRUST FUND
For payments from the Vaccine Injury Compensation
Program Trust Fund, such sums as may be necessary for
claims associated with vaccine-related injury or death with
respect to vaccines administered after September 30, 1988,
pursuant to subtitle 2 of title XXI of the Public Health
Service Act, to remain available until expended: Provided,
That for necessary administrative expenses, not to exceed
$2,992,000 shall be available from the Trust Fund to the
Secretary of Health and Human Services.
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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 section 501
of the Refugee Education Assistance Act of 1980; including
insurance of official motor vehicles in foreign countries; and
hire, 
maintenance, 
and 
operation 
of 
aircraft,
$4,418,910,000, of which $250,000,000 shall remain avail-
able until expended for equipment and construction and
renovation of facilities, and in addition, such sums as may
be derived from authorized user fees, which shall be credited
to this account, of which $52,000,000 shall remain available
until expended for the National Pharmaceutical Stockpile,
and of which $154,527,000 for international HIV/AIDS
programs shall remain available until September 30, 2003:
Provided, That $126,978,000 shall be available to carry out
the National Center for Health Statistics Surveys: Provided
further, That none of the funds made available for injury
prevention and control at the Centers for Disease Control
and Prevention may be used to advocate or promote gun
control: Provided further, That the Director may redirect
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the total amount made available under authority of Public
Law 101–502, section 3, dated November 3, 1990, to activi-
ties 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 Pub-
lic Health Service Act to not more than 15 States: Provided
further, That notwithstanding any other provision of law,
a single contract or related contracts for development and
construction of facilities may be employed which collectively
include the full scope of the project: Provided further, That
the solicitation and contract shall contain the clause ‘‘avail-
ability of funds’’ found at 48 CFR 52.232–18.
NATIONAL INSTITUTES OF HEALTH
NATIONAL CANCER INSTITUTE
For carrying out section 301 and title IV of the Public
Health Service Act with respect to cancer, $4,258,516,000.
NATIONAL HEART, LUNG, AND BLOOD INSTITUTE
For carrying out section 301 and title IV of the Public
Health Service Act with respect to cardiovascular, lung,
and blood diseases, and blood and blood products,
$2,618,966,000.
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NATIONAL INSTITUTE OF DENTAL AND CRANIOFACIAL
RESEARCH
For carrying out section 301 and title IV of the Public
Health Service Act with respect to dental disease,
$348,767,000.
NATIONAL INSTITUTE OF DIABETES AND DIGESTIVE AND
KIDNEY DISEASES
For carrying out section 301 and title IV of the Public
Health Service Act with respect to diabetes and digestive
and kidney disease, $1,501,476,000.
NATIONAL INSTITUTE OF NEUROLOGICAL DISORDERS AND
STROKE
For carrying out section 301 and title IV of the Public
Health Service Act with respect to neurological disorders
and stroke, $1,352,055,000.
NATIONAL INSTITUTE OF ALLERGY AND INFECTIOUS
DISEASES
For carrying out section 301 and title IV of the Public
Health Service Act with respect to allergy and infectious
diseases, $2,375,836,000.
NATIONAL INSTITUTE OF GENERAL MEDICAL SCIENCES
For carrying out section 301 and title IV of the Public
Health Service Act with respect to general medical sciences,
$1,753,465,000.
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NATIONAL INSTITUTE OF CHILD HEALTH AND HUMAN
DEVELOPMENT
For carrying out section 301 and title IV of the Public
Health Service Act with respect to child health and human
development, $1,123,692,000.
NATIONAL EYE INSTITUTE
For carrying out section 301 and title IV of the Public
Health Service Act with respect to eye diseases and visual
disorders, $614,000,000.
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, $585,946,000.
NATIONAL INSTITUTE ON AGING
For carrying out section 301 and title IV of the Public
Health Service Act with respect to aging, $909,174,000.
NATIONAL INSTITUTE OF ARTHRITIS AND
MUSCULOSKELETAL AND SKIN DISEASES
For carrying out section 301 and title IV of the Public
Health Service Act with respect to arthritis and musculo-
skeletal and skin diseases, $460,202,000.
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NATIONAL INSTITUTE ON DEAFNESS AND OTHER
COMMUNICATION DISORDERS
For carrying out section 301 and title IV of the Public
Health Service Act with respect to deafness and other com-
munication disorders, $349,983,000.
NATIONAL INSTITUTE OF NURSING RESEARCH
For carrying out section 301 and title IV of the Public
Health Service Act with respect to nursing research,
$125,659,000.
NATIONAL INSTITUTE ON ALCOHOL ABUSE AND
ALCOHOLISM
For carrying out section 301 and title IV of the Public
Health Service Act with respect to alcohol abuse and alco-
holism, $390,761,000.
NATIONAL INSTITUTE ON DRUG ABUSE
For carrying out section 301 and title IV of the Public
Health 
Service 
Act 
with 
respect 
to 
drug 
abuse,
$902,000,000.
NATIONAL INSTITUTE OF MENTAL HEALTH
For carrying out section 301 and title IV of the Public
Health Service Act with respect to mental health,
$1,279,383,000.
NATIONAL HUMAN GENOME RESEARCH INSTITUTE
For carrying out section 301 and title IV of the Public
Health Service Act with respect to human genome research,
$440,448,000.
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NATIONAL INSTITUTE FOR BIOMEDICAL IMAGING AND
BIOENGINEERING
For carrying out section 301 and title IV of the Public
Health Service Act with respect to biomedical imaging and
bioengineering research, $140,000,000.
NATIONAL CENTER FOR RESEARCH RESOURCES
For carrying out section 301 and title IV of the Public
Health Service Act with respect to research resources and
general research support grants, $1,014,044,000: Provided,
That none of these funds shall be used to pay recipients
of the general research support grants program any amount
for indirect expenses in connection with such grants: Pro-
vided further, That $125,000,000 shall be for extramural
facilities construction grants.
NATIONAL CENTER FOR COMPLEMENTARY AND
ALTERNATIVE MEDICINE
For carrying out section 301 and title IV of the Public
Health Service Act with respect to complementary and al-
ternative medicine, $110,000,000.
NATIONAL CENTER ON MINORITY HEALTH AND HEALTH
DISPARITIES
For carrying out section 301 and title IV of the Public
Health Service Act with respect to minority health and
health disparities research, $158,421,000.
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JOHN E. FOGARTY INTERNATIONAL CENTER
For carrying out the activities at the John E. Fogarty
International Center, $57,874,000.
NATIONAL LIBRARY OF MEDICINE
For carrying out section 301 and title IV of the Public
Health Service Act with respect to health information com-
munications, $281,584,000, of which $4,000,000 shall be
available until expended for improvement of information
systems: Provided, That in fiscal year 2002, the Library
may enter into personal services contracts for the provision
of services in facilities owned, operated, or constructed
under the jurisdiction of the National Institutes of Health.
OFFICE OF THE DIRECTOR
(INCLUDING TRANSFER OF FUNDS)
For carrying out the responsibilities of the Office of
the Director, National Institutes of Health, $236,408,000:
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 appropria-
tions 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 fur-
ther, That the National Institutes of Health is authorized
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to collect third party payments for the cost of clinical serv-
ices that are incurred in National Institutes of Health re-
search facilities and that such payments shall be credited
to the National Institutes of Health Management Fund:
Provided further, That all funds credited to the National
Institutes of Health Management Fund shall remain avail-
able for one fiscal year after the fiscal year in which they
are deposited: Provided further, That up to $500,000 shall
be available to carry out section 499 of the Public Health
Service Act: Provided further, That, notwithstanding sec-
tion 499(k)(10) of the Public Health Service Act, funds from
the Foundation for the National Institutes of Health may
be transferred to the National Institutes of Health.
BUILDINGS AND FACILITIES
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,
$306,600,000, to remain available until expended, of which
$26,000,000 shall be for the John Edward Porter Neuro-
science Research Center: Provided, That notwithstanding
any other provision of law, a single contract or related con-
tracts, 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 Neu-
roscience Research Center: Provided further, That the solici-
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tation and contract shall contain the clause ‘‘availability
of funds’’ found at 48 CFR 52.232–18.
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 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,
$3,088,456,000: Provided, That $10,000,000 shall be made
available to carry out subtitle C of title XXXVI of the Chil-
dren’s Health Act of 2000 (and the amendments made by
such subtitle): Provided further, That $5,000,000 shall be
made available for mental health providers serving public
safety workers affected by disasters of national significance.
AGENCY FOR HEALTHCARE RESEARCH AND QUALITY
HEALTHCARE RESEARCH AND QUALITY
For carrying out titles III and IX of the Public Health
Service Act, $291,245,000, together with amounts received
from Freedom of Information Act fees, reimbursable and
interagency agreements, and the sale of data, which shall
be credited to this appropriation and shall remain available
until expended.
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CENTER FOR MEDICARE AND MEDICAID SERVICES
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 quar-
ter of fiscal year 2002 for unanticipated costs, incurred for
the current fiscal year, such sums as may be necessary.
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 quarter
with respect to a State plan or plan amendment in effect
during such quarter, if submitted in or prior to such quar-
ter 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 sec-
tion 201(g) of the Social Security Act, $81,994,200,000.
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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 $2,464,658,000, to be transferred from the Federal
Hospital Insurance and the Federal Supplementary Med-
ical Insurance Trust Funds, as authorized by section 201(g)
of the Social Security Act; together with all funds collected
in accordance with section 353 of the Public Health Service
Act, 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,
and together with administrative fees collected relative to
Medicare overpayment recovery activities, which shall re-
main available until expended: Provided, That all funds de-
rived in accordance with 31 U.S.C. 9701 from organiza-
tions established under title XIII of the Public Health Serv-
ice 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 man-
aged care system redesign shall remain available until ex-
pended: 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 sec-
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tion 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.
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 effec-
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tive date of the program of Temporary Assistance to Needy
Families (TANF) with respect to such State, such 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 appropriation and
under such title IV–A as amended by the Personal Respon-
sibility and Work Opportunity Reconciliation 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 ti-
tles 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 unanticipated
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: Pro-
vided, That these funds are hereby designated by the Con-
gress to be emergency requirements pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency Def-
icit Control Act of 1985: Provided further, That these funds
shall be made available only after submission to the Con-
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gress of an official budget request by the President that in-
cludes designation of the entire amount of the request as
an emergency requirement as defined in such Act.
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),
$435,224,000 to remain available through September 30,
2004: Provided, That up to $10,000,000 is available to
carry out the Trafficking Victims 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),
$2,000,000,000 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 avail-
able for child care resource and referral and school-aged
child care activities, of which $1,000,000 shall be for the
Child Care Aware toll free hotline: Provided further, That,
in addition to the amounts required to be reserved by the
States under section 658G, $272,672,000 shall be reserved
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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 child care: Provided fur-
ther, 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: Provided, That
notwithstanding paragraph (B) of section 404(d)(2) of such
Act, the applicable percent specified under such subpara-
graph for a State to carry out State programs pursuant
to title XX of such Act shall be 5.7 percent.
CHILDREN AND FAMILIES SERVICES PROGRAMS
(INCLUDING RESCISSIONS)
For carrying out, except as otherwise provided, the
Runaway and Homeless Youth Act, the Developmental Dis-
abilities Assistance and Bill of Rights Act, the Head Start
Act, the Child Abuse Prevention and Treatment Act, sec-
tions 310 and 316 of the Family Violence Prevention and
Services Act, as amended, the Native American Programs
Act of 1974, title II of Public Law 95–266 (adoption oppor-
tunities), the Adoption and Safe Families Act of 1997 (Pub-
lic Law 105–89), sections 1201 and 1211 of the Children’s
Health Act of 2000, the Abandoned Infants Assistance Act
of 1988, the Early Learning Opportunities Act, part B(1)
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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,
sections 310 and 316 of the Family Violence Prevention and
Services Act, as amended, and section 126 and titles IV and
V of Public Law 100–485, $8,592,496,000, of which
$43,000,000, to remain available until September 30, 2003,
shall be for grants to States for adoption incentive pay-
ments, 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 2001; of which
$765,304,000 shall be for making payments under the Com-
munity Services Block Grant Act; and of which
$6,600,000,000 shall be for making payments under the
Head Start Act, of which $1,400,000,000 shall become
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available October 1, 2002 and remain available through
September 30, 2003: Provided, That to the extent Commu-
nity Services Block Grant funds are distributed 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 carryover into the next
fiscal year for expenditure by such entity consistent with
program purposes: Provided further, That all eligible enti-
ties currently in good standing in the Community Services
Block Grant program shall receive an increase in funding
proportionate to the increase provided in this Act for the
Community Services Block Grant: Provided further, That
$105,133,000 shall be for activities authorized by the Run-
away and Homeless Youth Act, notwithstanding the alloca-
tion requirements of section 388(a) of such Act, of which
$33,000,000 is for Maternity Group Homes: Provided fur-
ther, That $89,000,000 is for a compassion capital fund to
provide grants to charitable organizations to emulate model
social service programs and to encourage research on the
best practices of social service organizations: Provided fur-
ther, That the Secretary shall establish procedures regard-
ing the disposition of intangible property which permits
grant funds, or intangible assets acquired with funds au-
thorized under section 680 of the Community Services Block
Grant Act, as amended, to become the sole property of such
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ADMINISTRATION ON AGING
AGING SERVICES PROGRAMS
For carrying out, to the extent not otherwise provided,
the Older Americans Act of 1965, as amended, and section
398 of the Public Health Service Act, $1,209,756,000, of
which $5,000,000 shall be available for activities regarding
medication management, screening, and education to pre-
vent incorrect medication and adverse drug reactions.
OFFICE OF THE SECRETARY
GENERAL DEPARTMENTAL MANAGEMENT
For necessary expenses, not otherwise provided, for
general departmental management, including hire of six se-
dans, and for carrying out titles III, XVII, and XX of the
Public Health Service Act, and the United States-Mexico
Border Health Commission Act, $416,361,000, together
with $5,851,000, to be transferred and expended as author-
ized by section 201(g)(1) of the Social Security Act from
the Hospital Insurance Trust Fund and the Supplemental
Medical Insurance Trust Fund: Provided, That of the funds
made available under this heading for carrying out title
XX of the Public Health Service Act, $11,885,000 shall be
for activities specified under section 2003(b)(2), of which
$10,157,000 shall be for prevention service demonstration
grants under section 510(b)(2) of title V of the Social Secu-
rity Act, as amended, without application of the limitation
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of section 2010(c) of said title XX: Provided further, That
of this amount, $68,700,000 shall be available to support
activities to counter potential biological disease, and chem-
ical threats to civilian populations; $50,000,000 is for mi-
nority AIDS prevention and treatment activities; and
$15,000,000 shall be for an Information Technology Secu-
rity and Innovation Fund for department-wide activities
involving cybersecurity, information technology security,
and related innovation projects.
OFFICE OF INSPECTOR GENERAL
For expenses necessary for the Office of Inspector Gen-
eral, including the hire of passenger motor vehicles for in-
vestigations, 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 pro-
viding protective services to the Secretary and investigating
non-payment of child support cases for which non-payment
is a Federal offense under 18 U.S.C. 228, each of which
activities is hereby authorized in this and subsequent fiscal
years.
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
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Trust Fund and the Supplemental Medical Insurance Trust
Fund.
POLICY RESEARCH
For carrying out, to the extent not otherwise provided,
research studies under section 1110 of the Social Security
Act and title III of the Public Health Service Act,
$20,500,000.
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 Pro-
tection Plan and Survivor Benefit Plan, for medical care
of dependents and retired personnel under the Dependents’
Medical Care Act (10 U.S.C. ch. 55), and for payments pur-
suant to section 229(b) of the Social Security Act (42
U.S.C. 429(b)), such amounts as may be required during
the current fiscal year.
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.
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
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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 399F(b) of the Public
Health Service Act or section 1503 of the National Insti-
tutes 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 Exec-
utive Level I.
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 submis-
sion of a report to the Committee on Appropriations of the
Senate and of the House detailing the planned uses of such
funds.
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SEC. 206. Notwithstanding section 241(a) of the Public
Health Service Act, such portion as the Secretary shall de-
termine, but not more than 2 percent, of any amounts ap-
propriated for programs authorized under the PHS Act and
other Acts shall be made available for the evaluation (di-
rectly, or by grants or contracts) of the implementation and
effectiveness of such programs.
(TRANSFER OF FUNDS)
SEC. 207. Not to exceed 1 percent of any discretionary
funds (pursuant to the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended) which are appro-
priated 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 3 percent by any such transfer: Pro-
vided, That the Appropriations Committees of both Houses
of Congress are notified at least 15 days in advance of any
transfer.
SEC. 208. The Director of the National Institutes of
Health, jointly with the Director of the Office of AIDS Re-
search, may transfer up to 3 percent among institutes, cen-
ters, 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.
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SEC. 209. 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 Institutes
of Health and the Director of the Office of AIDS Research,
shall be made available to the ‘‘Office of AIDS Research’’
account. The Director of the Office of AIDS Research shall
transfer from such account amounts necessary to carry out
section 2353(d)(3) of the Public Health Service Act.
SEC. 210. 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. 211. 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 Sec-
retary denies participation in such program to an other-
wise eligible entity (including a Provider Sponsored Orga-
nization) 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
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make appropriate prospective adjustments to the capitation
payment to such an entity (based on an actuarially sound
estimate of the expected costs of providing the service to such
entity’s enrollees): Provided further, That nothing in this
section shall be construed to change the Medicare program’s
coverage for such services and a Medicare+Choice organiza-
tion described in this section shall be responsible for inform-
ing enrollees where to obtain information about all Medi-
care covered services.
SEC. 212. 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 molesta-
tion, sexual abuse, rape, or incest.
SEC. 213. The Foreign Operations, Export Financing,
and Related Programs Appropriations Act, 1990 (Public
Law 101–167) is amended—
(1) in section 599D (8 U.S.C. 1157 note)—
(A) in subsection (b)(3), by striking ‘‘1997,
1998, 1999, 2000, and 2001’’ and inserting
‘‘1997, 1998, 1999, 2000, 2001, and 2002’’; and
(B) in subsection (e), by striking ‘‘October
1, 2001’’ each place it appears and inserting
‘‘October 1, 2002’’; and
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(2) in section 599E (8 U.S.C. 1255 note) in sub-
section (b)(2), by striking ‘‘September 30, 2001’’ and
inserting ‘‘September 30, 2002’’.
SEC. 214. (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 pursuant
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 sub-
section (b), to ensure compliance with State laws prohib-
iting 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 per-
centage point by which the State misses the retailer compli-
ance rate goal established by the Secretary of Health and
Human Services under section 1926 of such Act.
(c) The State is to maintain State expenditures in fis-
cal year 2002 for tobacco prevention programs and for com-
pliance activities at a level that is not less than the level
of such expenditures maintained by the State for fiscal year
2001, and adding to that level the additional funds for to-
bacco compliance activities required under subsection (a).
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The State is to submit a report to the Secretary on all fiscal
year 2001 State expenditures and all fiscal year 2002 obli-
gations for tobacco prevention and compliance activities by
program activity by July 31, 2002.
(d) The Secretary shall exercise discretion in enforcing
the timing of the State obligation of the additional funds
required by the certification described in subsection (a) as
late as July 31, 2002.
(e) None of the funds appropriated by this Act may
be used to withhold substance abuse funding pursuant to
section 1926 from a territory that receives less than
$1,000,000.
SEC. 215. (a) In order for the Centers for Disease Con-
trol and Prevention to carry out international health ac-
tivities, including HIV/AIDS and other infectious disease,
chronic and environmental disease, and other health activi-
ties abroad during fiscal year 2002, the Secretary of Health
and Human Services is authorized to—
(1) utilize the authorities contained in subsection
2(c) of the State Department Basic Authorities Act of
1956, as amended, and
(2) utilize the authorities contained in 22 U.S.C.
sections 291 and 292 and directly or through contract
or cooperative agreement to lease, alter or renovate fa-
cilities in foreign countries, to carry out programs
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supported by this appropriation notwithstanding
PHS Act section 307.
In exercising the authority set forth in (1) and (2),
the Secretary of Health and Human Services shall consult
with the Department of State to assure that planned activi-
ties are within the legal strictures of the State Department
Basic Authorities Act of 1956, as amended, and other appli-
cable parts of U.S.C. Title 22.
SEC. 216. Notwithstanding any other provision of law
relating to vacancies in offices for which appointments
must be made by the President, including any time limita-
tion on serving in an acting capacity, the Acting Director
of the National Institutes of Health as of January 12, 2000,
may serve in that position until a new Director of the Na-
tional Institutes of Health is confirmed by the Senate.
SEC. 217. The following amounts, appropriated in this
title, shall be transferred to International Assistance Pro-
grams, ‘‘Global Fund to Fight HIV/AIDS, Malaria, and
Tuberculosis’’, to remain available until expended: from
National Institutes of Health, ‘‘National Institute of Allergy
and Infectious Diseases’’, $25,000,000; from National Insti-
tutes of Health, ‘‘Buildings and Facilities’’, $70,000,000;
and from Departmental Management, ‘‘General Depart-
mental Management’’, $5,000,000.
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SEC. 218. Of the funds provided to the Office of the
General Counsel, not less than $500,000 shall be used to
provide legal support for enforcement of the labeling provi-
sions of the Dietary Supplement Health and Education Act
of 1994.
SEC. 219. EXPRESSING THE SENSE OF THE SENATE
THAT THE DEPARTMENT OF HEALTH AND HUMAN SERV-
ICES PUBLISH A NOTICE REGARDING GOOD MANUFAC-
TURING PRACTICES FOR DIETARY SUPPLEMENTS. (a) FIND-
INGS.—
(1) Over 100,000,000 Americans regularly use
dietary supplements to maintain and improve their
health status.
(2) Congress has established a strong regulatory
framework to ensure that consumers have access to
safe dietary supplement products and information
about those products.
(3) Good Manufacturing Practice (GMP) regula-
tions are the primary enforcement tool whereby gov-
ernment inspectors ensure that all food products (in-
cluding dietary supplements) are manufactured ac-
cording to rigorous quality control standards, includ-
ing appropriate labeling, sanitation, purity and
records-keeping.
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(4) The Dietary Supplement Health and Edu-
cation Act of 1994 authorized development of Good
Manufacturing Practice guidelines for dietary supple-
ments.
(5) The Good Manufacturing practice guidelines
will be instrumental in assuring the American public
that dietary supplements are properly manufactured
and labeled.
(6) Those guidelines have been in development by
the Department of Health and Human Services, its
operating divisions, and the Office of Management
and Budget for over 5 years.
(b) SENSE OF THE SENATE.—The Senate expresses a
sense of the Senate that the Department of Health and
Human Services or its operating divisions publish a Notice
of Proposed Rulemaking with respect to Good Manufac-
turing Practices for dietary supplements within 15 days of
enactment of this Act.
SEC. 220. (a) FINDINGS.—Congress finds that—
(1) according to the Centers for Disease Control
and Prevention, over 765,000 people in the United
States have been diagnosed with the virus that causes
AIDS since 1981, and over 442,000 deaths have oc-
curred in the United States as a result of the disease;
and
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(2) Federal AIDS prevention funds should be
used to provide resources, training, technical assist-
ance, and infrastructure to national, regional, and
community-based organizations working to educate
the public on the virus that causes AIDS and stop-
ping the spread of the disease.
(b) REPORT.—Not later than 6 months after the date
of enactment of this Act, the Inspector General of the De-
partment of Health and Human Services shall conduct an
audit of all Federal amounts allocated for AIDS prevention
programs and report to Congress with their findings.
SEC. 221. It is the sense of the Senate that the Sec-
retary of Health and Human Services should fund and re-
imburse hospitals and medical facilities in States that have
tested and treated Federal workers that have been exposed
to anthrax, and continue to test and treat Federal workers
that have been determined by the Centers for Disease Con-
trol and Prevention as at risk for exposure to anthrax.
SEC. 222. It is the sense of the Senate that the Sec-
retary of Health and Human Services should ensure that
each contract entered into between a State and an entity
(including a health insuring organization and a medicaid
managed care organization) that is responsible for the pro-
vision (directly or through arrangements with providers of
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services) of medical assistance under a State medicaid plan
should provide for—
(1) compliance with mandatory blood lead
screening requirements that are consistent with pre-
vailing guidelines of the Centers for Disease Control
and Prevention for such screening; and
(2) coverage of lead treatment services including
diagnosis, treatment, and follow-up furnished for chil-
dren with elevated blood lead levels in accordance
with prevailing guidelines of the Centers for Disease
Control and Prevention.
SEC. 223. It is the sense of the Senate that States
should be authorized to use funds provided under the State
children’s health insurance program under title XXI of the
Social Security Act to—
(1) comply with mandatory blood lead screening
requirements that are consistent with prevailing
guidelines of the Centers for Disease Control and Pre-
vention for such screening; and
(2) provide coverage of lead treatment services
including diagnosis, treatment, and follow-up fur-
nished for children with elevated blood lead levels in
accordance with prevailing guidelines of the Centers
for Disease Control and Prevention.
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SEC. 224. It is the sense of the Senate that the Sec-
retary of Health and Human Services should establish a
program to improve the blood lead screening rates of States
for children under the age of 3 enrolled in the medicaid
program under which, using State-specific blood lead
screening data, the Secretary would annually pay a State
an amount to be determined:
(1) For each 2 year-old child enrolled in the
medicaid program in the State who has received the
minimum required (for that age) screening blood lead
level tests (capillary or venous samples) to determine
the presence of elevated blood lead levels, as estab-
lished by the Centers for Disease Control and Preven-
tion.
(2) For each such child who has received such
minimum required tests.
SEC. 225. For the Health Resources and Services Ad-
ministration, $5,000,000 for grants for education, preven-
tion, and early detection of radiogenic cancers and diseases
under section 417C of the Public Health Service Act (42
U.S.C. 285a–9) (as amended by the Radiation Exposure
Compensation Act Amendments of 2000), of which
$1,000,000 shall be available to enter into a contract with
the National Research Council under which the Council
shall—
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(1) review the most recent scientific information
related to radiation exposure and associated cancers
or other diseases;
(2) make recommendations to—
(A) reduce the length of radiation exposure
requirements for any compensable illnesses under
the Radiation Exposure Compensation Act (42
U.S.C. 2210 note); and
(B) include additional illnesses, geographic
areas, or classes of individuals with the scope of
compensation of such Act; and
(3) not later than June 30, 2003, prepare and
submit to the Committee on Appropriations, Com-
mittee on Health, Education, Labor, and Pensions,
and Committee on the Judiciary of the Senate and
the Committee on Appropriations, Committee on En-
ergy and Commerce, and Committee on the Judiciary
of the House of Representatives, a report describing
the findings made by the Council under paragraphs
(1) and (2).
SEC. 226. Effective upon the date of enactment of this
Act, $200,000,000 of the amount appropriated under sec-
tion 403(a)(4)(F) of the Social Security Act (42 U.S.C.
603(a)(4)(F)) is rescinded.
SEC. 227. It is the sense of the Senate that—
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(1) the Secretary of Health and Human Serv-
ices, acting through the Director of NIH and the Di-
rector of the National Institute of Mental Health (in
this section referred to as the ‘‘Institute’’), should ex-
pand and intensify research and related activities of
the Institute with respect to post-abortion depression
and post-abortion psychosis (in this section referred to
as ‘‘post-abortion conditions’’);
(2) the Director of the Institute should coordi-
nate the activities of the Director under paragraph
(1) with similar activities conducted by the other na-
tional research institutes and agencies of the National
Institutes of Health to the extent that such Institutes
and agencies have responsibilities that are related to
post-abortion conditions;
(3) in carrying out paragraph (1)—
(A) the Director of the Institute should con-
duct or support research to expand the under-
standing of the causes of, and to find a cure for,
post-abortion conditions; and
(B) activities under such paragraph should
include conducting and supporting the following:
(i) basic research concerning the eti-
ology and causes of the conditions;
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(ii) epidemiological studies to address
the frequency and natural history of the
conditions and the differences among racial
and ethnic groups with respect to the condi-
tions;
(iii) the development of improved diag-
nostic techniques;
(iv) clinical research for the develop-
ment and evaluation of new treatments, in-
cluding new biological agents; and
(v) information and education pro-
grams for health care professionals and the
public; and
(4)(A) the Director of the Institute should con-
duct a national longitudinal study to determine the
incidence and prevalence of cases of post-abortion con-
ditions, and the symptoms, severity, and duration of
such cases, toward the goal of more fully identifying
the characteristics of such cases and developing diag-
nostic techniques; and
(B) beginning not later than 3 years after the
date of the enactment of this Act, and periodically
thereafter for the duration of the study under sub-
paragraph (A), the Director of the Institute should
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prepare and submit to the Congress reports on the
findings of the study.
SEC. 228. Section 582 of the Public Health Service Act
(42 U.S.C. 290hh–1(f)) is amended by adding at the end
the following:
‘‘(g) SHORT TITLE.—This section may be cited as the
‘Donald J. Cohen National Child Traumatic Stress Initia-
tive’.’’.
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 amended by H.R. 1 as
passed by the Senate on June 14, 2001 (‘‘ESEA’’); the
McKinney-Vento Homeless Assistance Act; and section
418A 
of 
the 
Higher 
Education 
Act 
of 
1965,
$11,912,900,000, of which $4,129,200,000, shall become
available on July 1, 2002, and shall remain available
through September 30, 2003, and of which $6,953,300,000
shall become available on October 1, 2002, and shall remain
available through September 30, 2003, for academic year
2002–2003: Provided, That $7,172,690,000 shall be avail-
able for basic grants under section 1124: Provided further,
That up to $3,500,000 of these funds shall be available to
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the Secretary of Education on October 1, 2001, to obtain
updated educational-agency-level census poverty data from
the Bureau of the Census: Provided further, That
$1,365,031,000 shall be available for concentration grants
under section 1124A: Provided further, That $1,000,000,000
shall be available for targeted grants under section 1125:
Provided further, That $649,979,000 shall be available for
education finance incentive grants under section 1125A:
Provided further, That grant awards under sections 1124
and 1124A of title I of the ESEA shall be not less than
95 percent of the amount each State and local educational
agency received under this authority for fiscal year 2001:
Provided further, That notwithstanding any other provision
of law, grant awards under section 1124A of title I of the
ESEA shall be made to those local educational agencies that
received a concentration grant under the Department of
Education Appropriations Act, 2001, but are not eligible
to receive such a grant for fiscal year 2002.
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 redesig-
nated 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
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be for payments for children with disabilities 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 author-
ized by sections 1117A and 1229 and subpart 1 of part F
of title I and titles II, IV, V, VI, parts B and C of title
VII, and title XI of the Elementary and Secondary Edu-
cation Act of 1965, as amended by H.R. 1 as passed by
the Senate on June 14, 2001 (‘‘ESEA’’); and the Civil
Rights 
Act 
of 
1964; 
$8,723,014,000, 
of 
which
$1,165,750,000 shall become available on July 1, 2002, and
remain available through September 30, 2003, and of which
$1,765,000,000 shall become available on October 1, 2002,
and shall remain available through September 30, 2003, for
academic year 2002–2003: Provided, That $28,000,000
shall be for part A of title XIII of the ESEA as in effect
prior to Senate passage of H.R. 1 to continue the operation
of the current Comprehensive Regional Assistance Centers:
Provided further, That of the amount made available for
subpart 4 of part B of title V of the ESEA, $925,000,000
shall be available, notwithstanding any other provision of
law, to State educational agencies and outlying areas under
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the terms and conditions set forth in section 305 of this
Act for grants for school repair and renovation: Provided
further, That funds made available to local education agen-
cies under subpart B of part F of title XI shall be used
for activities related to the redesign of large high schools:
Provided further, That of the funds appropriated for part
F of title XI, $15,000,000 shall be available for dropout pre-
vention programs under part H of title I and $100,000,000
shall be available under part C of title IX to enable the
Secretary of Education to award grants to develop, imple-
ment, and strengthen programs to teach American history
(not social studies) as a separate subject within school cur-
ricula: Provided further, That of the funds made available
to carry out subpart 2 of part A of title IV of the Elemen-
tary and Secondary Education Act of 1965, as amended
by H.R. 1 as passed by the Senate on June 14, 2001,
$9,000,000 shall be made available to enable the Secretary
of Education to award grants to enable local educational
agencies to address the needs of children affected by terrorist
attacks, times of war or other major violent or traumatic
crises, including providing mental health services to such
children, and $1,000,000 shall be made available to enable
the Secretary of Education, in consultation with the Sec-
retary of Health and Human Services, to develop rec-
ommendations and models to assist communities in devel-
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oping evacuation and parental notification plans for
schools and other community facilities where children gath-
er: Provided further, That $2,500,000 shall be available to
carry out part E of title II, including administrative ex-
penses associated with such part.
INDIAN EDUCATION
For expenses necessary to carry out, to the extent not
otherwise provided, title VII, part A of the Elementary and
Secondary Education Act of 1965, as amended by H.R. 1
as passed by the Senate on June 14, 2001, $117,000,000.
BILINGUAL AND IMMIGRANT EDUCATION
For section 3202 of part B and section D of title III
of the Elementary and Secondary Education Act of 1965,
as amended by H.R. 1 as passed by the Senate on June
14, 2001, $616,000,000.
SPECIAL EDUCATION
For carrying out the Individuals with Disabilities
Education Act, $8,439,643,000, of which $3,090,452,000
shall become available for obligation on July 1, 2002, and
shall remain available through September 30, 2003, and of
which $5,072,000,000 shall become available on October 1,
2002, and shall remain available through September 30,
2003, for academic year 2002–2003: Provided, That
$9,500,000 shall be for Recording for the Blind and
Dyslexic to support the development, production, and cir-
culation of recorded educational materials: Provided fur-
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ther, That $1,500,000 shall be for the recipient of funds pro-
vided by Public Law 105–78 under section 687(b)(2)(G) of
the Act to provide information on diagnosis, intervention,
and teaching strategies for children with disabilities: Pro-
vided further, That the amount for section 611(c) of the Act
shall be equal to the amount available for that section under
Public Law 106–554, increased by the amount of inflation
as specified in section 611(f)(1)(B)(ii) of the Act.
REHABILITATION SERVICES AND DISABILITY RESEARCH
For carrying out, to the extent not otherwise provided,
the Rehabilitation Act of 1973, the Assistive Technology Act
of 1998, and the Helen Keller National Center Act,
$2,932,617,000, of which $60,000,000 shall remain avail-
able 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 section
101(f) of the AT Act shall not limit the award of an exten-
sion grant to three years: Provided further, That each State
shall be provided a minimum of $500,000 and each out-
lying area $150,000 for activities under section 101 of the
AT Act and each State shall be provided a minimum of
$100,000 and each outlying area $50,000 for activities
under section 102 of the Act: Provided further, That if the
funds appropriated for Title I of the AT Act are less than
required to fund these minimum allotments, grants pro-
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vided under sections 101 and 102 of the AT Act shall be
the same as their fiscal year 2001 amounts and any
amounts in excess of these minimum requirements shall be
allocated proportionally to achieve the prescribed mini-
mums: Provided further, That $26,884,000 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 ex-
ceed 75 percent in the first year, 50 percent in the second
year, and 25 percent in the third year, and that the require-
ments in section 301(c)(2) and section 302 of that Act shall
not apply to such grants.
SPECIAL INSTITUTIONS FOR PERSONS WITH DISABILITIES
AMERICAN PRINTING HOUSE FOR THE BLIND
For carrying out the Act of March 3, 1879, as amended
(20 U.S.C. 101 et seq.), $14,000,000.
NATIONAL TECHNICAL INSTITUTE FOR THE DEAF
For the National Technical Institute for the Deaf
under titles I and II of the Education of the Deaf Act of
1986 (20 U.S.C. 4301 et seq.), $54,976,000, of which
$5,376,000 shall be for construction and shall remain avail-
able until expended: Provided, That from the total amount
available, the Institute may at its discretion use funds for
the endowment program as authorized under section 207.
GALLAUDET UNIVERSITY
For the Kendall Demonstration Elementary School,
the Model Secondary School for the Deaf, and the partial
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support of Gallaudet University under titles I and II of
the Education of the Deaf Act of 1986 (20 U.S.C. 4301 et
seq.), $97,000,000: Provided, That from the total amount
available, the University may at its discretion use funds
for the endowment program as authorized under section
207.
VOCATIONAL AND ADULT EDUCATION
For carrying out, to the extent not otherwise provided,
the Carl D. Perkins Vocational and Technical Education
Act, the Adult Education and Family Literacy Act, and
title VIII–D of the Higher Education Act of 1965, as
amended, and Public Law 102–73, $1,818,060,000, of which
$1,020,060,000 shall become available on July 1, 2002 and
shall remain available through September 30, 2003 and of
which $791,000,000 shall become available on October 1,
2002 and shall remain available through September 30,
2003: Provided, That of the amounts made available for the
Carl D. Perkins Vocational and Technical Education Act,
$7,000,000 shall be for tribally controlled postsecondary vo-
cational and technical institutions under section 117: Pro-
vided further, That $10,000,000 shall be for carrying out
section 118 of such Act: Provided further, That of the
amounts made available for the Carl D. Perkins Vocational
and Technical Education Act, $5,000,000 shall be for dem-
onstration activities authorized by section 207: Provided
further, That of the amount provided for Adult Education
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State Grants, $70,000,000 shall be made available for inte-
grated English literacy and civics education services to im-
migrants and other limited English proficient populations:
Provided further, That of the amount reserved for integrated
English literacy and civics education, notwithstanding sec-
tion 211 of the Adult Education and Family Literacy Act,
65 percent shall be allocated to States based on a State’s
absolute need as determined by calculating each State’s
share of a 10-year average of the Immigration and Natu-
ralization Service data for immigrants admitted for legal
permanent residence for the 10 most recent years, and 35
percent allocated to States that experienced growth as meas-
ured by the average of the 3 most recent years for which
Immigration and Naturalization Service data for immi-
grants admitted for legal permanent residence are available,
except that no State shall be allocated an amount less than
$60,000: Provided further, That of the amounts made avail-
able for the Adult Education 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 Insti-
tute for Literacy under section 242: Provided further, That
$22,000,000 shall be for Youth Offender Grants, of which
$5,000,000 shall be used in accordance with section 601 of
Public Law 102–73 as that section was in effect prior to
the enactment of Public Law 105–220: Provided further,
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That of the amounts made available for title I of the Perkins
Act, the Secretary may reserve up to 0.54 percent for incen-
tive grants under section 503 of the Workforce Investment
Act, without regard to section 111(a)(1)(C) of the Perkins
Act: Provided further, That of the amounts made available
for the Adult Education and Family Literacy Act, the Sec-
retary may reserve up to 1.72 percent for incentive grants
under section 503 of the Workforce Investment Act, without
regard to section 211(a)(3) of the Adult Education and
Family Literacy Act.
STUDENT FINANCIAL ASSISTANCE
For carrying out subparts 1, 3 and 4 of part A, section
428K, part C and part E of title IV of the Higher Edu-
cation Act of 1965, as amended, $12,284,100,000, 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 pay-
ment schedule for such award year, that the amount in-
cluded within this appropriation for Pell Grant awards in
such award year, and any funds available from the fiscal
year 2001 appropriation for Pell Grant awards, are insuffi-
cient to satisfy fully all such awards for which students are
eligible, as calculated under section 401(b) of the Act, the
amount paid for each such award shall be reduced by either
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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.
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 provided,
section 121 and titles II, III, IV, V, VI, and VII of the
Higher Education Act of 1965, as amended, title VIII of
the Higher Education Amendments of 1998, and the Mutual
Educational and Cultural Exchange Act of 1961,
$1,826,223,000, of which $5,000,000 for interest subsidies
authorized by section 121 of the Higher Education Act of
1965, shall remain available until expended: 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 $1,500,000 is for data collection and
evaluation activities for programs under the Higher Edu-
cation Act of 1965, including such activities needed to com-
ply with the Government Performance and Results Act of
1993: Provided further, That $18,000,000 shall be available
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for tribally controlled colleges and universities under section
316 of the Higher Education Act of 1965, of which
$6,000,000 shall be used for construction and renovation:
Provided further, That the funds provided for title II of the
Higher Education Act of 1965 shall be allocated notwith-
standing section 210 of the Higher Education Act of 1965:
Provided further, That funds for part B of title VII of the
Higher Education Act of 1965 may be used, at the discre-
tion of the Secretary of Education, to fund continuation
awards under title IV, part A, subpart 8 of such Act.
HOWARD UNIVERSITY
For partial support of Howard University (20 U.S.C.
121 et seq.), $232,474,000, of which not less than $3,600,000
shall be for a matching endowment grant pursuant 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 en-
tered 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 section
344 of title III, part D of the Higher Education Act of 1965
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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 High-
er Education Act of 1965, as amended, $208,000.
EDUCATION RESEARCH, STATISTICS, AND ASSESSMENT
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
and 412; and parts B, D, and E of title XI of the Elemen-
tary and Secondary Education Act as amended by H.R.
1 as passed by the Senate on June 14, 2001 (ESEA),
$431,567,000: Provided, That $53,000,000 of the amount
available for the national education research institutes shall
be allocated notwithstanding section 912(m)(1)(B–F) and
subparagraphs (B) and (C) of section 931(c)(2) of Public
Law 103–227: Provided further, That funds appropriated
to support activities conducted under section 411 of the Na-
tional Education Statistics Act of 1994 may be used to pay
for the administration of State assessment: Provided fur-
ther, That of the funds appropriated under section 11305
of part D of title XI of the ESEA, $1,500,000 shall be used
to conduct a violence prevention demonstration program
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and $500,000 to conduct a native American civic education
initiative: Provided further, That $12,000,000 of the funds
appropriated under part D of title XI shall be used to sup-
port activities conducted under section 11306, consistent
with the distribution specified under section 11304(2)(b).
DEPARTMENTAL MANAGEMENT
PROGRAM ADMINISTRATION
For carrying out, to the extent not otherwise provided,
the Department of Education Organization Act, including
rental of conference rooms in the District of Columbia and
hire of two passenger motor vehicles, $424,212,000.
OFFICE FOR CIVIL RIGHTS
For expenses necessary for the Office for Civil Rights,
as authorized by section 203 of the Department of Edu-
cation Organization Act, $79,934,000.
OFFICE OF THE INSPECTOR GENERAL
For expenses necessary for the Office of the Inspector
General, as authorized by section 212 of the Department
of Education Organization Act, $38,720,000.
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
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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 transportation
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 edu-
cation, in order to comply with title VI of the Civil Rights
Act of 1964. For the purpose of this section an indirect re-
quirement of transportation of students includes the trans-
portation of students to carry out a plan involving the reor-
ganization of the grade structure of schools, the pairing of
schools, or the clustering of schools, or any combination of
grade restructuring, pairing or clustering. The prohibition
described in this section does not include the establishment
of magnet schools.
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.
(TRANSFER OF FUNDS)
SEC. 304. Not to exceed 1 percent of any discretionary
funds (pursuant to the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended) which are appro-
priated for the Department of Education in this Act may
be transferred between appropriations, but no such appro-
priation shall be increased by more than 3 percent by any
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such transfer: Provided, That the Appropriations Commit-
tees of both Houses of Congress are notified at least 15 days
in advance of any transfer.
SEC. 305. (a) From the amount made available for ur-
gent school renovation grants under the heading ‘‘School
Improvement Programs’’ in accordance with this section,
the Secretary of Education shall provide grants to the State
and outlying area entities responsible for the financing of
education facilities (hereinafter in this section referred to
as the ‘‘State entity’’), on the basis of the same percentage
as the State educational agency received of the funds allo-
cated to States and outlying areas through the Department
of Education Appropriations Act, 2001 for carrying out
part A, title I of the Elementary and Secondary Education
Act of 1965, for awarding grants in accordance with sub-
section (b) to local educational agencies to enable them to
make urgent repairs and renovations to public school facili-
ties.
(b)(1) A State entity shall award urgent school renova-
tion grants to local educational agencies under this section
on a competitive basis that includes consideration of each
local educational agency applicant’s—
(A) relative percentage of children from low-in-
come families;
(B) need for school repairs and renovations;
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(C) fiscal capacity; and
(D) plans to maintain the facilities repaired or
renovated under the grant.
(2) The Federal share of the cost of each project assisted
by funds made available under subsection (a)(2) shall be
determined based on the percentage of the local educational
agency’s attendance that is comprised of children 5 to 17
years of age, inclusive, who are from families with incomes
below the poverty line (as defined by the Office of Manage-
ment and Budget and revised annually in accordance with
section 673(2) of the Community Services Block Grant Act
(42 U.S.C. 9902(2)) applicable to a family of the size in-
volved for the most recent fiscal year for which data satis-
factory to the Secretary are available:
Then the Federal
If the percentage is:
share shall be:
40 percent or greater ......................................................................... 100 percent
30–39.99 percent ................................................................................
90 percent
20–29.99 percent ................................................................................
80 percent
10–19.99 percent ................................................................................
70 percent
less than 10 percent ........................................................................... 60 percent.
(3) If, after providing an opportunity to the public
and all local educational agencies in the State to comment,
consistent with any applicable State and local law speci-
fying how the comments may be received and how the com-
ments may be reviewed by any member of the public, the
State entity demonstrates that the amount of the State’s al-
location exceeds the amount needed to address the needs of
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the local educational agencies in the State for school repair
and renovation under this section—
(A) the State entity shall transfer any excess
portion of that allocation to the State educational
agency; and
(B) the State educational agency shall allocate
100 percent of those excess funds received under sub-
section (a) in accordance with section 5312 of the Ele-
mentary and Secondary Education Act of 1965 as
amended by H.R. 1 as passed the Senate on June 14,
2001 for activities authorized under section 5331 of
the Elementary and Secondary Education Act of
1965 as amended by H.R. 1 as passed the Senate on
June 14, 2001 to be determined by each such local
educational agency as part of a local strategy for im-
proving academic achievement.
(c) If a local educational agency uses funds for urgent
school renovation, then the following provisions shall
apply—
(1) Urgent school renovation shall be limited to
one or more of the following—
(A) school facilities modifications necessary
to render school facilities accessible in order to
comply with the Americans With Disabilities
Act;
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(B) school facilities modifications necessary
to render school facilities accessible in order to
comply with section 504 of the Rehabilitation
Act;
(C) asbestos abatement or removal from
school facilities;
(D) emergency renovations or repairs to the
school facilities only to ensure the health and
safety of students and staff; and
(E) security upgrades.
(2) no funds received under this section for ur-
gent school renovation may be used for—
(A) payment of maintenance costs in con-
nection with any projects constructed in whole or
part with Federal funds provided under this sec-
tion; or
(B) stadiums or other facilities primarily
used for athletic contests or exhibitions or other
events for which admission is charged to the gen-
eral public.
SEC. 306. (a) FINDINGS.—Congress makes the fol-
lowing findings:
(1) The number of students applying for loans
and claiming to attend foreign institutions has risen
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from 4,594 students in 1993 to over 12,000 students
in the 1998–1999 school year.
(2) Since 1995 there have been at least 25 con-
victions of students who fraudulently claimed they
were attending a foreign institution, then cashed the
check issued directly to them, and did not attend the
foreign institution.
(3) Tighter disbursement controls are necessary
to reduce the number of students fraudulently apply-
ing for loans under title IV of the Higher Education
Act of 1965 and claiming they are going to attend
foreign institutions. Funds should not be disbursed for
attendance at a foreign institution unless the foreign
institution can verify that the student is attending
the institution.
(b) STUDY AND REPORT.—
(1) STUDY.—The Comptroller General shall con-
duct a study regarding—
(A) Federal student loan disbursements to
students attending foreign schools; and
(B) fraud, waste, and abuse in the Federal
Family Education Loan Program as the fraud,
waste, and abuse relates to students receiving
funding in order to attend a foreign school.
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(2) REPORT.—The Comptroller General shall re-
port to Congress regarding the results of the study.
(3) REPORT CONTENTS.—The report described in
paragraph (2) shall—
(A) include information on whether or not
there are standards that a foreign school must
meet for an American student to attend and re-
ceive a federally guaranteed student loan;
(B) compare the oversight controls for loans
dispensed to students attending foreign schools
and domestic institutions;
(C) examine the default rates at foreign
schools that enroll American students receiving
federally guaranteed student loans and determine
the number of students that are receiving loans
in multiple years; and
(D) make recommendations for legislative
changes that are required to ensure the integrity
of the Federal Family Education Loan Program.
SEC. 307. The requirement of section 415C(b)(8) of the
Higher Education Act of 1965 (20 U.S.C. 1070c-2(b)(8))
shall not apply to a State program during fiscal year 2001
and the State expenditures under the State program for fis-
cal year 2001 shall be disregarded in calculating the main-
tenance of effort requirement under that section for each of
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the fiscal years 2002 through 2004, if the State dem-
onstrates, to the satisfaction of the Secretary of Education,
that it—
(1) allocated all of the funds that the State ap-
propriated in fiscal year 2001 for need-based scholar-
ship, grant, and work study assistance to the pro-
grams described in subpart 4 of part A of title IV of
the Higher Education Act of 1965 (20 U.S.C. 1070c
et seq.); and
(2) did not participate in the program described
in section 415E of the Higher Education Act of 1965
(20 U.S.C. 1070c-3a) in fiscal year 2001.
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 Sol-
diers’ 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 con-
struction and renovation of the physical plants at the
United States Soldiers’ and Airmen’s Home and the United
States Naval Home: Provided, That, notwithstanding any
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other provision of law, a single contract or related contracts
for development and construction, to include construction
of a long-term care facility at the United States Naval
Home, may be employed which collectively include the full
scope of the project: Provided further, That the solicitation
and contract shall contain the clause ‘‘availability of funds’’
found at 48 CFR 52.232–18 and 252.232–7007, Limitation
of Government Obligations.
CORPORATION FOR NATIONAL AND COMMUNITY SERVICE
DOMESTIC VOLUNTEER SERVICE PROGRAMS, OPERATING
EXPENSES
For expenses necessary for the Corporation for Na-
tional and Community Service to carry out the provisions
of the Domestic Volunteer Service Act of 1973, as amended,
$321,276,000: Provided, That none of the funds made avail-
able to the Corporation for National and Community Serv-
ice 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 incentives to vol-
unteers or volunteer leaders whose incomes exceed 125 per-
cent 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 1934,
an amount which shall be available within limitations spec-
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ified by that Act, for the fiscal year 2004, $395,000,000:
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 activ-
ity from which any person is excluded, or is denied benefits,
or is discriminated against, on the basis of race, color, na-
tional origin, religion, or sex: Provided further, That in ad-
dition to the amounts provided above, $25,000,000, for costs
related to digital program production, development, and
distribution, associated with the transition of public broad-
casting to digital broadcasting, to be awarded as deter-
mined by the Corporation in consultation with public radio
and television licensees or permittees, or their designated
representatives.
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 vehi-
cles; for expenses necessary for the Labor-Management Co-
operation Act of 1978 (29 U.S.C. 175a); and for expenses
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necessary for the Service to carry out the functions vested
in it by the Civil Service Reform Act, Public Law 95–454
(5 U.S.C. ch. 71), $40,482,000, including $1,500,000, to re-
main available through September 30, 2003, for activities
authorized by the Labor-Management Cooperation Act of
1978 (29 U.S.C. 175a): Provided, That notwithstanding 31
U.S.C. 3302, fees charged, up to full-cost recovery, for spe-
cial training activities and other conflict resolution services
and technical assistance, including those provided to foreign
governments and international organizations, and for arbi-
tration services shall be credited to and merged with this
account, and shall remain available until expended: Pro-
vided further, That fees for arbitration services shall be
available only for education, training, and professional de-
velopment of the agency workforce: Provided further, That
the Director of the Service is authorized to accept and use
on behalf of the United States gifts of services and real, per-
sonal, or other property in the aid of any projects or func-
tions 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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‘‘(ii) FREE PUBLIC EDUCATION.—The
term ‘free public education’ has the mean-
ing given the term in section 14101 of the
Elementary and Secondary Education Act
of 1965 (20 U.S.C. 8801).
‘‘(2) MAINTENANCE OF EFFORT.—
‘‘(A) IN
GENERAL.—Effective October 1,
2002, a State may receive funds under this sec-
tion for a fiscal year only if the Secretary of
Education finds that the aggregate expenditure
of the State with respect to the provision of free
public education by such State for the preceding
fiscal year was not less than 100 percent of the
baseline expenditure for the State.
‘‘(B) USE OF FUNDS.—If a State fails to re-
ceive funds under this section for a fiscal year in
accordance with subparagraph (A), the Secretary
of the Treasury shall use the funds to make pay-
ments to the other States, in proportion to the
amounts already received by the other States
under this section for the fiscal year.
‘‘(C) WAIVER.—The Secretary of the Treas-
ury may waive the requirements of this para-
graph if the Secretary determines that such a
waiver would be equitable due to—
138
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health insurance coverage offered in connection with
such a plan) to provide any mental health benefits.
‘‘(2) 
MEDICAL
MANAGEMENT
OF
MENTAL
HEALTH BENEFITS.—Consistent with subsection (a),
nothing in this section shall be construed to prevent
the medical management of mental health benefits, in-
cluding through concurrent and retrospective utiliza-
tion review and utilization management practices,
preauthorization, and the application of medical ne-
cessity and appropriateness criteria applicable to be-
havioral health and the contracting and use of a net-
work of participating providers.
‘‘(3) NO
REQUIREMENT
OF
SPECIFIC
SERV-
ICES.—Nothing in this section shall be construed as
requiring a group health plan (or health insurance
coverage offered in connection with such a plan) to
provide coverage for specific mental health services,
except to the extent that the failure to cover such serv-
ices would result in a disparity between the coverage
of mental health and medical and surgical benefits.
‘‘(c) SMALL EMPLOYER EXEMPTION.—
‘‘(1) IN GENERAL.—This section shall not apply
to any group health plan (and group health insurance
coverage offered in connection with a group health
plan) for any plan year of any employer who em-