Bill summaries are authored by CRS.

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Conference report filed in House (12/19/2001)

Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Act, 2002 - Makes appropriations for FY 2002 for the Departments of Labor, Health and Human Services, and Education and related agencies.

Title I: Department of Labor - Department of Labor Appropriations Act, 2002 - Makes appropriations for FY 2002 to the Department of Labor for: (1) the Employment and Training Administration, training and employment services; (2) community service employment for older Americans; (3) Federal unemployment benefits and allowances; (4) State unemployment insurance and employment service operations; (5) advances to the Unemployment Trust Fund and the Black Lung Disability Trust Fund; (6) employment and training program administration; (7) the Pension and Welfare Benefits Administration; (8) the Pension Benefit Guaranty Corporation; (9) the Employment Standards Administration; (10) certain special benefits; (11) the Energy Employees Occupational Illness Compensation Fund; (12) the Black Lung Disability Trust Fund; (13) the Occupational Safety and Health Administration; (14) the Mine Safety and Health Administration; (15) the Bureau of Labor Statistics; (16) the Office of Disability Employment Policy; (17) departmental management; (18) veterans employment and training; and (19) the Office of Inspector General.

Sets forth authorized uses of, and limitations on, funds and transfers of funds appropriated under this title.

(Sec. 101) Prohibits use of Job Corps funds under this title to pay individual compensation at a rate in excess of Executive Level II.

(Sec. 102) Allows not more than one percent of discretionary funds for the current fiscal year for the Department of Labor in this Act to be transferred between appropriations. Prohibits increase of any such appropriation by more than three percent by any such transfer.

Title II: Department of Health and Human Services - Department of Health and Human Services Appropriations Act, 2002 - Makes appropriations for FY 2002 to the Department of Health and Human Services (HHS) for: (1) the Health Resources and Services Administration, for specified health resources and services activities; (2) health education assistance loans; (3) the Vaccine Injury Compensation Program Trust Fund; (4) the Centers for Disease Control and Prevention (CDCP), for disease control, research, and training; (5) the National Institutes of Health (NIH), including the John E. Fogarty International Center, the National Library of Medicine, and the Office of the Director; (6) the Substance Abuse and Mental Health Services Administration, for substance abuse and mental health services; (7) the Agency for Health Care Research and Quality; (8) the Center for Medicare and Medicaid Services for grants to States for Medicaid, payments to health care trust funds, program management, and the Health Maintenance Organization Loan and Loan Guarantee Fund; (9) the Administration for Children and Families for payments to States for child support enforcement and family support programs; (10) low income home energy assistance; (11) refugee and entrant assistance; (12) payments to States for the child care and development block grant; (13) the social services block grant; (14) children and families services programs; (15) promoting safe and stable families, through family preservation and support; (16) payments to States for foster care and adoption assistance; (17) the Administration on Aging; (18) the Office of the Secretary for general departmental management; (19) the Office of Inspector General; (20) the Office for Civil Rights; (21) policy research; (22) retirement pay and medical benefits for Public Health Service commissioned officers; and (23) the public health and social services emergency fund, for expenses related to countering potential biological, disease, and chemical threats to civilian populations, with a specified amounts to be distributed to the Office of Emergency Preparedness and to the Centers for Disease Control and Prevention (with a specified portion of the latter's amount to remain available for the National Pharmaceutical Stockpile).

Sets forth authorized uses of, and limitations on, funds appropriated under this title.

(Sec. 202) Directs the Secretary of HHS to make available through assignment not more than 60 employees of the Public Health Service to assist in child survival activities and to work in AIDS programs through and with funds provided by the Agency for International Development, the United Nations International Children's Emergency Fund, or the World Health Organization.

(Sec. 203) Prohibits the use of funds under this Act to implement a certain mandatory breast cancer study under the Public Health Service Act (PHSA), or to construct regional centers for primate research under the National Institutes of Health Revitalization Act of 1993.

(Sec. 204) Prohibits the use of funds under this Act for the NIH and the Substance Abuse and Mental Health Services Administration to pay an individual's salary, through a grant or other extramural mechanism, at a rate in excess of Executive Level I.

(Sec. 205) Prohibits the expenditure of funds under this Act pursuant to specified evaluation provisions of PHSA, except for funds specifically provided for in this Act, or for other taps and assessments made by any office located in the Department of HHS, prior to a report by the Secretary of HHS to specified congressional committees detailing the planned uses of such funds.

(Sec. 206) Allows the transfer between appropriations of not more than 1.25 percent of discretionary funds in this Act for the current fiscal year for the Department of HHS.

(Sec. 207) Allows the transfer between appropriations of not more than one percent of discretionary funds in this Act for the current fiscal year for the Department of HHS. Prohibits increase of any such appropriation by more than three percent by any such transfer, but allows that appropriation to be increased by an additional two percent subject to approval by the House and Senate Committees on Appropriations.

(Sec. 208) Authorizes the Directors of the (NIH) and of the Office of AIDS Research (OAR) to jointly transfer up to three 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 (HIV).

(Sec. 209) Requires the amount for research related to HIV, as jointly determined by the Directors of NIH and of OAR, to be made available to the OAR account. Requires the Director of OAR to transfer from such account amounts necessary to carry out certain provisions of PHSA.

(Sec. 210) Prohibits funds under this Act from being made available under title X (population research and voluntary family planning) of PHSA, unless the award applicant certifies to the Secretary of HHS that it encourages family participation in the decision of minors to seek family planning services and provides counseling to minors on resisting attempts to coerce them into engaging in sexual activities.

(Sec. 211) Prohibits use of funds under this Act to carry out the Medicare+Choice program if the Secretary of HHS 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.

(Sec. 212) Declares that no provider of services under title X (population research and voluntary family planning) of PHSA shall be exempt from any State law requiring notification or the reporting of child abuse, child molestation, sexual abuse, rape, or incest.

(Sec. 213) Amends the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1990 to extend through FY 2002 certain provisions relating to establishing categories of aliens for purposes of refugee determinations.

(Sec. 214) Prohibits funds under by this Act from being used to withhold substance abuse funding from a State pursuant to specified PHSA provisions, if such State certifies to the Secretary of HHS that the State will commit additional State funds to ensure compliance with State laws prohibiting the sale of tobacco products to individuals under 18 years of age. Requires the amount of such funds to be committed by a State to equal to one percent of its substance abuse block grant allocation for each percentage point by which the State misses the retailer compliance rate goal established by the Secretary of HHS. Requires the State to maintain its expenditures in FY 2002 for tobacco prevention programs and for compliance activities at least at its FY 2001 level, and to add to that level such required additional funds for tobacco compliance activities. Provides that no funds under this Act may be used to withhold such substance abuse funding from a territory that receives less than $1 million of such funding.

(Sec. 215) Authorizes the Secretary of HHS, in order for the CDCP to carry out international HIV/AIDS and other infectious disease, chronic and environmental disease, and other health activities abroad during FY 2002, to: (1) utilize specified authorities under the State Department Basic Authorities Act of 1956; and (2) utilize other specified authorities to lease, alter, or renovate facilities in foreign countries to carry out such programs.

(Sec. 216) Authorizes the Division of Federal Occupational Health to use personal services contracting to employ occupational health professionals and professionals in management and administration.

(Sec. 217) Authorizes the Acting Director of NIH to serve in that position until a new Director of NIH is confirmed by the Senate.

(Sec. 218) Donald J. Cohen National Child Traumatic Stress Initiative - Amends the Public Health Service Act to name as the Donald J. Cohen National Child Traumatic Stress Initiative certain provisions for grants to address the problems of children and youth who experience violence-related stress.

Title III: Department of Education - Department of Education Appropriations Act, 2002 - Makes appropriations for FY 2002 to the Department of Education for: (1) education for the disadvantaged; (2) impact aid; (3) school improvement programs; (4) Indian education; (5) bilingual and immigrant education; (6) special education; (7) rehabilitation services and disability research; (8) special institutions for persons with disabilities, including the American Printing House for the Blind, the National Technical Institute for the Deaf, the Kendall Demonstration Elementary School, the Model Secondary School for the Deaf, and Gallaudet University; (9) vocational and adult education; (10) certain student financial assistance programs (setting a maximum individual Pell Grant amount); (11) the Federal Family Education Loan program account; (12) specified higher education programs; (13) Howard University; (14) the college housing and academic facilities loans program; (15) the historically Black college and university capital financing program account; (16) education research, statistics, and improvement; (17) departmental management; (18) the Office for Civil Rights; and (19) the Office of the Inspector General.

Sets forth authorized uses of, and limitations on, funds appropriated under this title.

(Sec. 301) Prohibits funds under in this Act from being used to transport teachers or students in order to: (1) overcome racial imbalance in any school; or (2) carry out a racial desegregation plan.

(Sec. 302) Prohibits the use of funds under in this Act to require, directly or indirectly, the transportation of any student to a school other than the school nearest the student's home, except for a student requiring special education, to the school offering such special education, in order to comply with title VI of the Civil Rights Act of 1964. Declares that such a prohibited indirect requirement of transportation of students includes the transportation of students to carry out a plan involving the reorganization of the grade structure of schools, the pairing of schools, or the clustering of schools, or any combination of grade restructuring, pairing or clustering. Exempts the establishment of magnet schools from such prohibition.

(Sec. 303) Prohibits funds under in this Act from being used to prevent the implementation of programs of voluntary prayer and meditation in public schools.

(Sec. 304) Allows the transfer between appropriations of not more than one percent of discretionary funds for the current fiscal year for the Department of Education in this Act. Prohibits increase of any such appropriation by more than three percent by any such transfer.

(Sec. 305) Amends the Higher Education Amendments of 1992 to require each center providing student assistance to athletes under the Olympic Scholarships program to make annual reports to the Secretary on the distribution of such assistance among athletes and institutions of higher education. Directs the Secretary to compile and submit such reports to specified congressional committees.

(Sec. 306) Authorizes the Secretary of Education reallocate a limited amount, from excess allocations for student financial assistance for FY 2002, to certain higher education institutions to use for HEA programs of Federal Supplemental Educational Opportunity Grants (FSEOG) or Federal Work Study (FWS) awards. Allows an institution to receive such reallocation if it: (1) is participating in both programs on the enactment date of this Act, and initially began such participation in the period of 1989 through 1999; (2) currently enrolls at least 2,000 students, and offers baccalaureate and graduate degree programs; (3) experienced an actual enrollment increase of 75 percent or more since it began program participation; and (4) charged in-State full-time undergraduate tuition and fees for academic year 2000-2001 that were less than those 1998-1999.

Title IV: Related Agencies - Makes appropriations for FY 2002 to the: (1) Armed Forces Retirement Home; (2) Corporation for National and Community Service, for domestic volunteer service programs and operating expenses; (3) Corporation for Public Broadcasting; (4) Federal Mediation and Conciliation Service; (5) Federal Mine Safety and Health Review Commission; (6) Institute of Museum and Library Services; (7) Medicare Payment Advisory Commission; (8) National Commission on Libraries and Information Science; (9) National Council on Disability; (10) National Educational Goals Panel; (11) National Labor Relations Board; (12) National Mediation Board; (13) Occupational Safety and Health Review Commission; (14) Railroad Retirement Board for the dual benefits payments account, Federal payments to the railroad retirement accounts, administration, and the Office of Inspector General; (15) Social Security Administration for payments to the Social Security trust funds, special benefits for disabled coal miners, the Supplemental Security Income (SSI) Program, administrative expenses, and the Office of Inspector General; and (16) U.S. Institute of Peace.

Sets forth authorized uses of, and limitations on, funds appropriated under this title.

Title V: General Provisions - Sets forth authorized uses of, and limitations on, funds appropriated under this Act.

(Sec. 505) Prohibits the use of funds appropriated under this Act for programs to distribute sterile needles or syringes for the injection of illegal drugs, unless the Secretary of HHS determines that such programs are effective in preventing the spread of HIV and do not encourage the use of illegal drugs..

(Sec. 506) Sets forth Buy American requirements.

(Sec. 508) Prohibits the expenditure of funds appropriated under this Act, or in any trust fund to which funds are appropriated under this Act, for abortions or for health benefits coverage that includes coverage of abortion, with exceptions specified in section 509 of this Act.

(Sec. 509) Provides that the prohibition in section 508 shall not apply to an abortion: (1) if the pregnancy is the result of an act of rape or incest; or (2) in the case where a woman suffers from a physical disorder, physical injury, or physical illness, including a life-endangering physical condition caused by or arising from the pregnancy itself, that would, as certified by a physician, place the woman in danger of death unless an abortion is performed. Provides that nothing in section 508 shall be construed as: (1) prohibiting the expenditure by a State, locality, entity, or private person of State, local, or private funds (other than a State's or locality's contribution of Medicaid matching funds); or (2) restricting the ability of any managed care provider from offering abortion coverage or the ability of a State or locality to contract separately with such a provider for such coverage with State funds (other than a State's or locality's contribution of Medicaid matching funds).

(Sec. 510) Prohibits the use of funds made available in this Act for: (1) the creation of a human embryo for research purposes; or (2) research in which a human embryo is destroyed or knowingly subjected to risk of injury or death greater than that allowed for research on fetuses in utero under Federal regulations and the Public Health Service Act.

(Sec. 511) Prohibits the use of funds made available in this Act for activities to promote the legalization of a controlled substance unless there is significant medical evidence of a therapeutic advantage to the use of such substance or that federally-sponsored trials are being conducted to determine such advantage.

(Sec. 513) Bars the use of funds made available in this Act to promulgate a final standard under the Social Security Act providing for a unique health identifier for an individual (except in an individual's capacity as an employer or health care provider) until legislation is enacted specifically approving the standard.

(Sec. 514) Amends the Native Hawaiian Health Care Improvement Act and the Public Health Service Act (PHSA) to replace certain references to Kamehameha School/Bishop Estate with references to Papa Ola Lokahi.

(Sec. 515) Authorizes the Director of the Administrative Office of the U.S. Courts to accept the election of a qualified magistrate judge to receive an annuity and come within the purview of specified Federal law. Requires full-time recall service performed by a qualified magistrate judge to be credited for service in calculating such an annuity.

(Sec. 516) Reduces on a pro rata basis by a specified amount certain funds made available under this Act for departmental management of the Department of Labor, the Department of Health and Human Services, and the Department of Education. Exempts from such reduction the Food and Drug Administration and the Indian Health Service.

Title VI: Extension of Mark-to-Market Program for Multifamily Assisted Housing - Mark-to-Market Extension Act of 2001 - Subtitle A: Multifamily Housing Mortgage and Assistance Restructuring and Section 8 Contract Renewal - Amends the Multifamily Assisted Housing Reform and Affordability Act of 1997 (MAHRAA) to revise and extend the Mark-to-Market program for multifamily assisted housing. Revises provisions relating to multifamily housing mortgage and assistance restructuring and section 8 contract renewal, including: (1) consistency of rent levels under enhanced voucher assistance and rent restructurings; (2) eligible inclusions for renewal rents of partially assisted buildings; and (3) eligibility of restructuring projects for miscellaneous housing insurance.

Subtitle B: Office of Multifamily Housing Assistance Restructuring - Reauthorizes the Office of Multifamily Housing Assistance Restructuring and extends the Multifamily Housing Assistance Restructuring program. Sets forth provisions relating to the Office, including its Director and oversight by the Federal Housing Commissioner.

Subtitle C: Miscellaneous Housing Program Amendments - Amends various Federal housing laws with respect to: (1) extension of the Community Development Block Grant public services cap exception; (2) use of section 8 enhanced vouchers for prepayments; and (3) prepayment and refinancing of loans for section 202 supportive housing.

Title VII: Mental Health Equity - Amends the Employee Retirement Income Security Act of 1974 and the Public Health Service Act, and the Internal Revenue Code to extend through December 31, 2002, provisions of the Mental Health Parity Act of 1996 (which requires health plans, with certain exceptions, to treat equally for mental and physical health coverage their limits on annual payments and on lifetime payments).