H. R. 3061—21
which permits grant funds, or intangible assets acquired with funds
authorized under section 680 of the Community Services Block
Grant Act, as amended, to become the sole property of such grantees
after a period of not more than 12 years after the end of the
grant for purposes and uses consistent with the original grant:
Provided further, That funds appropriated for section 680(a)(2) of
the Community Services Block Grant Act, as amended, shall be
available for financing construction and rehabilitation and loans
or investments in private business enterprises owned by community
development corporations.
Funds appropriated for fiscal year 2002 under section 429A(e),
part B of title IV of the Social Security Act shall be reduced
by $6,000,000.
Funds appropriated for fiscal year 2002 under section 413(h)(1)
of the Social Security Act shall be reduced by $15,000,000.
PROMOTING SAFE AND STABLE FAMILIES
For carrying out subpart 2 of part B of title IV of the Social
Security Act, $305,000,000. In addition, for such purposes,
$70,000,000 to carry out such subpart.
PAYMENTS TO STATES FOR FOSTER CARE AND ADOPTION ASSISTANCE
For making payments to States or other non-Federal entities
under title IV–E of the Social Security Act, $4,885,600,000.
For making payments to States or other non-Federal entities
under title IV–E of the Social Security Act, for the first quarter
of fiscal year 2003, $1,754,000,000.
ADMINISTRATION ON AGING
AGING SERVICES PROGRAMS
For carrying out, to the extent not otherwise provided, the
Older Americans Act of 1965, as amended, and section 398 of
the Public Health Service Act, $1,199,814,000, of which $5,000,000
shall be available for activities regarding medication management,
screening, and education to prevent 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 sedans, and for
carrying out titles III, XVII, and XX of the Public Health Service
Act, and the United States-Mexico Border Health Commission Act,
$341,703,000, together with $5,851,000, to be transferred and
expended as authorized by section 201(g)(1) of the Social Security
Act from the Hospital Insurance Trust Fund and the 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 preven-
tion service demonstration grants under section 510(b)(2) of title
V of the Social Security Act, as amended, without application of
the limitation of section 2010(c) of said title XX: Provided further,
H. R. 3061—22
That of this amount, $50,000,000 is for minority AIDS prevention
and treatment activities; and $21,998,000 shall be for an Informa-
tion Technology Security and Innovation Fund for Department-
wide activities involving cybersecurity, information technology secu-
rity, and related innovation projects.
OFFICE OF INSPECTOR GENERAL
For expenses necessary for the Office of Inspector General
in carrying out the provisions of the Inspector General Act of
1978, as amended, $35,786,000: Provided, That, of such amount,
necessary sums are available for providing protective services to
the Secretary and investigating non-payment of child support cases
for which non-payment is a Federal offense under 18 U.S.C. 228.
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 trans-
ferred and expended as authorized by section 201(g)(1) of the Social
Security Act from the Hospital Insurance Trust Fund and the
Supplemental Medical Insurance Trust Fund.
POLICY RESEARCH
For carrying out, to the extent not otherwise provided, research
studies under section 1110 of the Social Security Act and title
III of the Public Health Service Act, $2,500,000: Provided, That
in addition to amounts provided herein, funds from amounts avail-
able under section 241 of the Public Health Service Act may be
used to carry out national health or human services research and
evaluation activities: Provided further, That the expenditure of any
funds available under section 241 of the Public Health Service
Act are subject to the requirements of section 205 of this Act.
RETIREMENT PAY AND MEDICAL BENEFITS FOR COMMISSIONED
OFFICERS
For retirement pay and medical benefits of Public Health
Service Commissioned Officers as authorized by law, for payments
under the Retired Serviceman’s Family Protection Plan and Sur-
vivor 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 pursuant 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.
PUBLIC HEALTH AND SOCIAL SERVICES EMERGENCY FUND
For expenses necessary to support activities related to coun-
tering potential biological, disease and chemical threats to civilian
populations, $242,949,000: Provided, That this amount is distrib-
uted as follows: Centers for Disease Control and Prevention,
$181,919,000, of which $52,000,000 shall remain available until
expended for the National Pharmaceutical Stockpile; and Office
of Emergency Preparedness, $61,030,000.
H. R. 3061—23
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 assign-
ment not more than 60 employees of the Public Health Service
to assist in child survival activities and to work in AIDS programs
through and with funds provided by the Agency for International
Development, the United Nations International Children’s Emer-
gency Fund or the World Health Organization.
SEC. 203. None of the funds appropriated under this Act may
be used to implement section 399L(b) of the Public Health Service
Act or section 1503 of the National Institutes of Health Revitaliza-
tion Act of 1993, Public Law 103–43.
SEC. 204. None of the funds appropriated in this Act for the
National Institutes of Health, the Agency for Healthcare Research
and Quality, 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 Executive 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 submission of a report to the Committee on Appro-
priations of the Senate and of the House detailing the planned
uses of such funds.
SEC. 206. Notwithstanding section 241(a) of the Public Health
Service Act, such portion as the Secretary shall determine, but
not more than 1.25 percent, of any amounts appropriated for pro-
grams authorized under said Act shall be made available for the
evaluation (directly, 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 appropriated for the current
fiscal year for the Department of Health and Human Services
in this Act may be transferred between appropriations, but no
such appropriation shall be increased by more than 3 percent by
any such transfer: Provided, That an appropriation may be
increased by up to an additional 2 percent subject to approval
by the House and Senate Committees on Appropriations: Provided
further, 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 Research, may
transfer up to 3 percent among institutes, centers, and divisions
from the total amounts identified by these two Directors as funding
for research pertaining to the human immunodeficiency virus: Pro-
vided, That the Congress is promptly notified of the transfer.
SEC. 209. Of the amounts made available in this Act for the
National Institutes of Health, the amount for research related to
the human immunodeficiency virus, as jointly determined by the
H. R. 3061—24
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 planning 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 Secretary denies participation
in such program to an otherwise eligible entity (including a Provider
Sponsored Organization) because the entity informs the Secretary
that it will not provide, pay for, provide coverage of, or provide
referrals for abortions: Provided, That the Secretary shall make
appropriate prospective adjustments to the 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 organization described in this section shall be
responsible for informing enrollees where to obtain information
about all Medicare covered services.
SEC. 212. Notwithstanding any other provision of law, no pro-
vider of services under title X of the Public Health Service Act
shall be exempt from any State law requiring notification or the
reporting of child abuse, child molestation, sexual abuse, rape,
or incest.
SEC. 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
(2) in section 599E (8 U.S.C. 1255 note) in subsection
(b)(2), by striking ‘‘September 30, 2001’’ and inserting ‘‘Sep-
tember 30, 2002’’.
SEC. 214. (a) Except as provided by subsection (e) none of
the funds appropriated by this Act may be used to withhold sub-
stance 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 accord-
ance with subsection (b), to ensure compliance with State laws
prohibiting the sale of tobacco products to individuals under 18
years of age.
(b) The amount of funds to be committed by a State under
subsection (a) shall be equal to 1 percent of such State’s substance
abuse block grant allocation for each percentage point by which