107th Congress

Supplemental Appropriations for Fiscal Year 2002
The 2002 Supplemental Appropriations Act for Further Recovery From and Response to Terrorist Attacks on the United States

P.L. 107-206 (H.R. 4775/House Report 107-480, S. 2551/ Senate Report 107-156, and Conference Report, House Report 107-593)

Impact of Public Law

Public Law (P.L.) 107-206, the Supplemental Appropriations Act for FY 2002, which was signed on August 2, 2002, provides $8 million in funding for the National Institute of Environmental Health Sciences (NIEHS), but includes rescissions that affect the National Institutes of Health (NIH). The Act also names in statute the National Research Service Awards (NRSA) the Ruth L. Kirschstein National Research Service Awards.

Legislative History

H.R. 4775, sponsored by Representative C. W. "Bill" Young (R-FL), was reported from the House Appropriations Committee on May 20, 2002, and passed by the House on May 24. On May 22 S. 2551, sponsored by Senator Robert Byrd (D-WV), was reported, and passed by the Senate on June 7, including the provision to name the National Research Service Awards the Ruth L. Kirschstein National Research Service Awards. On July 23 the House passed the conference report for H.R. 4775, and the Senate passed the measure on July 24.

Specific provisions of the law are as follows:

• NIH Foundation: Authorization in report language for NIH to allocate up to $500,000 of Office of the Director (OD) funds to the Foundation for the National Institutes of Health. In recent years, authority to transfer funds for administrative support to the Foundation has been included, and FY 2002 was the first year such provision was not made since the Foundation was established.
• NIH Clinical Center: Report language is included, acknowledging the anticipated $145 million cost increase for the new NIH Clinical Center and the 1-year delay expected for completion of the facility. It mentions that NIH has commissioned outside reviews of the project "which have validated the revised costs and schedule." The Committee asks for a report within 30 days on how NIH intends to finance the cost increase and a copy of the Department of Health and Human Services (DHHS) Inspector General's (IG) review when it is completed.
• NRSA Awards: A legislative provision is included to amend the Public Health Service Act to name the National Research Service Awards the Ruth L. Kirschstein National Research Service Awards.
• Rescission: $30 million would be rescinded from the NIH Buildings and Facilities (B&F) account.
• Additional Rescission: Amounts for the administrative and related expenses for departmental management for the Departments of Labor, HHS, and Education are to be reduced on a pro rata basis by $45,000,000 (excluding the Food and Drug Administration [FDA] and Indian Health Service [IHS]), and not later than 15 days after the enactment of this act, the Office of Management and Budget (OMB) must report to the House and Senate Committees on Appropriations the accounts to be reduced in each account.
• Additional Rescission: $350 million across-the-board science and engineering (S&E) cut is included for all Federal agencies for administrative and travel costs on a pro rata basis.
• NIEHS: $8 million would be appropriated to NIEHS (through Veterans Administration-Department of Housing and Urban Development (VA-HUD) Appropriations) to "undertake and continue its research and worker training programs related to September 11, 2001, terrorist attacks on the United States."

Language included in the original Senate reported bill that would have provided $72 million "for emergency expenses necessary to support activities related to countering potential biological, disease, and chemical threats to civilian populations, and for the study of, construction of, renovation of, and acquisition of equipment for, facilities of or used by the National Institutes of Health, including the acquisition of real property," was not included in the conference report, and therefore, not the public law.