I

106TH CONGRESS

2D SESSION H. R. 5656

Making appropriations for the Departments of Labor, Health and Human

Services, and Education, and related agencies for the fiscal year ending

September 30, 2001, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

DECEMBER 14, 2000

Mr. PORTER introduced the following bill; which was referred to the

Committee on Appropriations

A BILL

Making appropriations for the Departments of Labor, Health

and Human Services, and Education, and related agencies for the fiscal year ending September 30, 2001, and

for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 That the following sums are appropriated, out of any

4 money in the Treasury not otherwise appropriated, for the

5 Departments of Labor, Health and Human Services, and

6 Education, and related agencies for the fiscal year ending

7 September 30, 2001, and for other purposes, namely:
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1 TITLE I—DEPARTMENT OF LABOR

2 EMPLOYMENT AND TRAINING ADMINISTRATION

3 TRAINING AND EMPLOYMENT SERVICES

4 For necessary expenses of the Workforce Investment

5 Act, including the purchase and hire of passenger motor

6 vehicles, the construction, alteration, and repair of build7 ings and other facilities, and the purchase of real property

8 for training centers as authorized by the Workforce In9 vestment Act; the Women in Apprenticeship and Non10 traditional Occupations Act; and the National Skill Stand11 ards Act of 1994; $3,207,805,000 plus reimbursements,

12 of which $1,808,465,000 is available for obligation for the

13 period July 1, 2001 through June 30, 2002; of which

14 $1,377,965,000 is available for obligation for the period

15 April 1, 2001 through June 30, 2002, including

16 $1,102,965,000 to carry out chapter 4 of the Workforce

17 Investment Act and $275,000,000 to carry out section

18 169 of such Act; and of which $20,375,000 is available

19 for the period July 1, 2001 through June 30, 2004 for

20 necessary expenses of construction, rehabilitation, and ac21 quisition of Job Corps centers: Provided, That $9,098,000

22 shall be for carrying out section 172 of the Workforce In23 vestment Act, and $3,500,000 shall be for carrying out

24 the National Skills Standards Act of 1994: Provided fur25 ther, That no funds from any other appropriation shall
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1 be used to provide meal services at or for Job Corps cen2 ters: Provided further, That funds provided to carry out

3 section 171(d) of such Act may be used for demonstration

4 projects that provide assistance to new entrants in the

5 workforce and incumbent workers: Provided further, That

6 funding provided to carry out projects under section 171

7 of the Workforce Investment Act of 1998 that are identi8 fied in the Conference Agreement, shall not be subject to

9 the requirements of section 171(b)(2)(B) of such Act, the

10 requirements of section 171(c)(4)(D) of such Act, or the

11 joint funding requirements of sections 171(b)(2)(A) and

12 171(c)(4)(A) of such Act: Provided further, That funding

13 appropriated herein for Dislocated Worker Employment

14 and Training Activities under section 132(a)(2)(A) of the

15 Workforce Investment Act of 1998 may be distributed for

16 Dislocated Worker Projects under section 171(d) of the

17 Act without regard to the 10 percent limitation contained

18 in section 171(d) of the Act: Provided further, That of the

19 funds made available for Job Corps operating expenses in

20 the Department of Labor Appropriations Act, 2000, as en21 acted by section 1000(a)(4) of Public Law 106–113,

22 $586,487 shall be paid to the city of Vergennes, Vermont

23 in settlement of the city’s claim: Provided further, That

24 $4,600,000 provided herein for dislocated worker employ25 ment and training activities shall be made available to the
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1 New Mexico Telecommunications Call Center Training

2 Consortium for training in telecommunications-related oc3 cupations.

4 For necessary expenses of the Workforce Investment

5 Act, including the purchase and hire of passenger motor

6 vehicles, the construction, alteration, and repair of build7 ings and other facilities, and the purchase of real property

8 for training centers as authorized by the Workforce In9 vestment Act; $2,463,000,000 plus reimbursements, of

10 which $2,363,000,000 is available for obligation for the

11 period October 1, 2001 through June 30, 2002, and of

12 which $100,000,000 is available for the period October 1,

13 2001 through June 30, 2004, for necessary expenses of

14 construction, rehabilitation, and acquisition of Job Corps

15 centers.

16 COMMUNITY SERVICE EMPLOYMENT FOR OLDER

17 AMERICANS

18 To carry out title V of the Older Americans Act of

19 1965, as amended, $440,200,000.

20 FEDERAL UNEMPLOYMENT BENEFITS AND ALLOWANCES

21 For payments during the current fiscal year of trade

22 adjustment benefit payments and allowances under part

23 I; and for training, allowances for job search and reloca24 tion, and related State administrative expenses under part

25 II, subchapters B and D, chapter 2, title II of the Trade

26 Act of 1974, as amended, $406,550,000, together with
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1 such amounts as may be necessary to be charged to the

2 subsequent appropriation for payments for any period sub3 sequent to September 15 of the current year.

4 STATE UNEMPLOYMENT INSURANCE AND EMPLOYMENT

5 SERVICE OPERATIONS

6 For authorized administrative expenses,

7 $193,452,000, together with not to exceed

8 $3,172,246,000 (including not to exceed $1,228,000

9 which may be used for amortization payments to States

10 which had independent retirement plans in their State em11 ployment service agencies prior to 1980), which may be

12 expended from the Employment Security Administration

13 account in the Unemployment Trust Fund including the

14 cost of administering section 51 of the Internal Revenue

15 Code of 1986, as amended, section 7(d) of the Wagner16 Peyser Act, as amended, the Trade Act of 1974, as

17 amended, the Immigration Act of 1990, and the Immigra18 tion and Nationality Act, as amended, and of which the

19 sums available in the allocation for activities authorized

20 by title III of the Social Security Act, as amended (42

21 U.S.C. 502–504), and the sums available in the allocation

22 for necessary administrative expenses for carrying out 5

23 U.S.C. 8501–8523, shall be available for obligation by the

24 States through December 31, 2001, except that funds

25 used for automation acquisitions shall be available for obli26 gation by the States through September 30, 2003; and
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1 of which $193,452,000, together with not to exceed

2 $773,283,000 of the amount which may be expended from

3 said trust fund, shall be available for obligation for the

4 period July 1, 2001 through June 30, 2002, to fund ac5 tivities under the Act of June 6, 1933, as amended, in6 cluding the cost of penalty mail authorized under 39

7 U.S.C. 3202(a)(1)(E) made available to States in lieu of

8 allotments for such purpose: Provided, That to the extent

9 that the Average Weekly Insured Unemployment (AWIU)

10 for fiscal year 2001 is projected by the Department of

11 Labor to exceed 2,396,000, an additional $28,600,000

12 shall be available for obligation for every 100,000 increase

13 in the AWIU level (including a pro rata amount for any

14 increment less than 100,000) from the Employment Secu15 rity Administration Account of the Unemployment Trust

16 Fund: Provided further, That funds appropriated in this

17 Act which are used to establish a national one-stop career

18 center system, or which are used to support the national

19 activities of the Federal-State unemployment insurance

20 programs, may be obligated in contracts, grants, or agree21 ments with non-State entities: Provided further, That

22 funds appropriated under this Act for activities authorized

23 under the Wagner-Peyser Act, as amended, and title III

24 of the Social Security Act, may be used by the States to

25 fund integrated Employment Service and Unemployment
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1 Insurance automation efforts, notwithstanding cost alloca2 tion principles prescribed under Office of Management

3 and Budget Circular A–87.

4 ADVANCES TO THE UNEMPLOYMENT TRUST FUND AND

5 OTHER FUNDS

6 For repayable advances to the Unemployment Trust

7 Fund as authorized by sections 905(d) and 1203 of the

8 Social Security Act, as amended, and to the Black Lung

9 Disability Trust Fund as authorized by section 9501(c)(1)

10 of the Internal Revenue Code of 1954, as amended; and

11 for nonrepayable advances to the Unemployment Trust

12 Fund as authorized by section 8509 of title 5, United

13 States Code, and to the ‘‘Federal unemployment benefits

14 and allowances’’ account, to remain available until Sep15 tember 30, 2002, $435,000,000.

16 In addition, for making repayable advances to the

17 Black Lung Disability Trust Fund in the current fiscal

18 year after September 15, 2001, for costs incurred by the

19 Black Lung Disability Trust Fund in the current fiscal

20 year, such sums as may be necessary.

21 PROGRAM ADMINISTRATION

22 For expenses of administering employment and train23 ing programs, $110,651,000, including $6,431,000 to sup24 port up to 75 full-time equivalent staff, the majority of

25 which will be term Federal appointments lasting no more

26 than 1 year, to administer welfare-to-work grants, to-
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1 gether with not to exceed $48,507,000, which may be ex2 pended from the Employment Security Administration ac3 count in the Unemployment Trust Fund.

4 PENSION AND WELFARE BENEFITS ADMINISTRATION

5 SALARIES AND EXPENSES

6 For necessary expenses for the Pension and Welfare

7 Benefits Administration, $107,832,000.

8 PENSION BENEFIT GUARANTY CORPORATION

9 PENSION BENEFIT GUARANTY CORPORATION FUND

10 The Pension Benefit Guaranty Corporation is author11 ized to make such expenditures, including financial assist12 ance authorized by section 104 of Public Law 96–364,

13 within limits of funds and borrowing authority available

14 to such Corporation, and in accord with law, and to make

15 such contracts and commitments without regard to fiscal

16 year limitations as provided by section 104 of the Govern17 ment Corporation Control Act, as amended (31 U.S.C.

18 9104), as may be necessary in carrying out the program

19 through September 30, 2001, for such Corporation: Pro20 vided, That not to exceed $11,652,000 shall be available

21 for administrative expenses of the Corporation: Provided

22 further, That expenses of such Corporation in connection

23 with the termination of pension plans, for the acquisition,

24 protection or management, and investment of trust assets,

25 and for benefits administration services shall be consid-
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1 ered as nonadministrative expenses for the purposes here2 of, and excluded from the above limitation.

3 EMPLOYMENT STANDARDS ADMINISTRATION

4 SALARIES AND EXPENSES

5 For necessary expenses for the Employment Stand6 ards Administration, including reimbursement to State,

7 Federal, and local agencies and their employees for inspec8 tion services rendered, $361,491,000, together with

9 $1,985,000 which may be expended from the Special Fund

10 in accordance with sections 39(c), 44(d), and 44( j) of the

11 Longshore and Harbor Workers’ Compensation Act: Pro12 vided, That $2,000,000 shall be for the development of

13 an alternative system for the electronic submission of re14 ports required to be filed under the Labor-Management

15 Reporting and Disclosure Act of 1959, as amended, and

16 for a computer database of the information for each sub17 mission by whatever means, that is indexed and easily

18 searchable by the public via the Internet: Provided further,

19 That the Secretary of Labor is authorized to accept, re20 tain, and spend, until expended, in the name of the De21 partment of Labor, all sums of money ordered to be paid

22 to the Secretary of Labor, in accordance with the terms

23 of the Consent Judgment in Civil Action No. 91–0027 of

24 the United States District Court for the District of the

25 Northern Mariana Islands (May 21, 1992): Provided fur-
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1 ther, That the Secretary of Labor is authorized to estab2 lish and, in accordance with 31 U.S.C. 3302, collect and

3 deposit in the Treasury fees for processing applications

4 and issuing certificates under sections 11(d) and 14 of the

5 Fair Labor Standards Act of 1938, as amended (29

6 U.S.C. 211(d) and 214) and for processing applications

7 and issuing registrations under title I of the Migrant and

8 Seasonal Agricultural Worker Protection Act (29 U.S.C.

9 1801 et seq.).

10 SPECIAL BENEFITS

11 (INCLUDING TRANSFER OF FUNDS)

12 For the payment of compensation, benefits, and ex13 penses (except administrative expenses) accruing during

14 the current or any prior fiscal year authorized by title 5,

15 chapter 81 of the United States Code; continuation of ben16 efits as provided for under the heading ‘‘Civilian War Ben17 efits’’ in the Federal Security Agency Appropriation Act,

18 1947; the Employees’ Compensation Commission Appro19 priation Act, 1944; sections 4(c) and 5(f ) of the War

20 Claims Act of 1948 (50 U.S.C. App. 2012); and 50 per21 cent of the additional compensation and benefits required

22 by section 10(h) of the Longshore and Harbor Workers’

23 Compensation Act, as amended, $56,000,000 together

24 with such amounts as may be necessary to be charged to

25 the subsequent year appropriation for the payment of

26 compensation and other benefits for any period subse-
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1 quent to August 15 of the current year: Provided, That

2 amounts appropriated may be used under section 8104 of

3 title 5, United States Code, by the Secretary of Labor to

4 reimburse an employer, who is not the employer at the

5 time of injury, for portions of the salary of a reemployed,

6 disabled beneficiary: Provided further, That balances of re7 imbursements unobligated on September 30, 2000, shall

8 remain available until expended for the payment of com9 pensation, benefits, and expenses: Provided further, That

10 in addition there shall be transferred to this appropriation

11 from the Postal Service and from any other corporation

12 or instrumentality required under section 8147(c) of title

13 5, United States Code, to pay an amount for its fair share

14 of the cost of administration, such sums as the Secretary

15 determines to be the cost of administration for employees

16 of such fair share entities through September 30, 2001:

17 Provided further, That of those funds transferred to this

18 account from the fair share entities to pay the cost of ad19 ministration, $34,910,000 shall be made available to the

20 Secretary as follows: (1) for the operation of and enhance21 ment to the automated data processing systems, including

22 document imaging, medical bill review, and periodic roll

23 management, in support of Federal Employees’ Com24 pensation Act administration, $23,371,000; (2) for con25 version to a paperless office, $7,005,000; (3) for commu-
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1 nications redesign, $1,750,000; (4) for information tech2 nology maintenance and support, $2,784,000; and (5) the

3 remaining funds shall be paid into the Treasury as mis4 cellaneous receipts: Provided further, That the Secretary

5 may require that any person filing a notice of injury or

6 a claim for benefits under chapter 81 of title 5, United

7 States Code, or 33 U.S.C. 901 et seq., provide as part

8 of such notice and claim, such identifying information (in9 cluding Social Security account number) as such regula10 tions may prescribe.

11 BLACK LUNG DISABILITY TRUST FUND

12 (INCLUDING TRANSFER OF FUNDS)

13 For payments from the Black Lung Disability Trust

14 Fund, $1,028,000,000, of which $975,343,000 shall be

15 available until September 30, 2002, for payment of all

16 benefits as authorized by section 9501(d)(1), (2), (4), and

17 (7) of the Internal Revenue Code of 1954, as amended,

18 and interest on advances as authorized by section

19 9501(c)(2) of that Act, and of which $30,393,000 shall

20 be available for transfer to Employment Standards Ad21 ministration, Salaries and Expenses, $21,590,000 for

22 transfer to Departmental Management, Salaries and Ex23 penses, $318,000 for transfer to Departmental Manage24 ment, Office of Inspector General, and $356,000 for pay25 ment into miscellaneous receipts for the expenses of the

26 Department of the Treasury, for expenses of operation
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1 and administration of the Black Lung Benefits program

2 as authorized by section 9501(d)(5) of that Act: Provided,

3 That, in addition, such amounts as may be necessary may

4 be charged to the subsequent year appropriation for the

5 payment of compensation, interest, or other benefits for

6 any period subsequent to August 15 of the current year.

7 OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION

8 SALARIES AND EXPENSES

9 For necessary expenses for the Occupational Safety

10 and Health Administration, $425,983,000, including not

11 to exceed $88,493,000 which shall be the maximum

12 amount available for grants to States under section 23(g)

13 of the Occupational Safety and Health Act, which grants

14 shall be no less than 50 percent of the costs of State occu15 pational safety and health programs required to be in16 curred under plans approved by the Secretary under sec17 tion 18 of the Occupational Safety and Health Act of

18 1970; and, in addition, notwithstanding 31 U.S.C. 3302,

19 the Occupational Safety and Health Administration may

20 retain up to $750,000 per fiscal year of training institute

21 course tuition fees, otherwise authorized by law to be col22 lected, and may utilize such sums for occupational safety

23 and health training and education grants: Provided, That,

24 notwithstanding 31 U.S.C. 3302, the Secretary of Labor

25 is authorized, during the fiscal year ending September 30,
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1 2001, to collect and retain fees for services provided to

2 Nationally Recognized Testing Laboratories, and may uti3 lize such sums, in accordance with the provisions of 29

4 U.S.C. 9a, to administer national and international lab5 oratory recognition programs that ensure the safety of

6 equipment and products used by workers in the workplace:

7 Provided further, That none of the funds appropriated

8 under this paragraph shall be obligated or expended to

9 prescribe, issue, administer, or enforce any standard, rule,

10 regulation, or order under the Occupational Safety and

11 Health Act of 1970 which is applicable to any person who

12 is engaged in a farming operation which does not maintain

13 a temporary labor camp and employs 10 or fewer employ14 ees: Provided further, That no funds appropriated under

15 this paragraph shall be obligated or expended to admin16 ister or enforce any standard, rule, regulation, or order

17 under the Occupational Safety and Health Act of 1970

18 with respect to any employer of 10 or fewer employees

19 who is included within a category having an occupational

20 injury lost workday case rate, at the most precise Stand21 ard Industrial Classification Code for which such data are

22 published, less than the national average rate as such

23 rates are most recently published by the Secretary, acting

24 through the Bureau of Labor Statistics, in accordance

25 with section 24 of that Act (29 U.S.C. 673), except—
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1 (1) to provide, as authorized by such Act, con2 sultation, technical assistance, educational and train3 ing services, and to conduct surveys and studies;

4 (2) to conduct an inspection or investigation in

5 response to an employee complaint, to issue a cita6 tion for violations found during such inspection, and

7 to assess a penalty for violations which are not cor8 rected within a reasonable abatement period and for

9 any willful violations found;

10 (3) to take any action authorized by such Act

11 with respect to imminent dangers;

12 (4) to take any action authorized by such Act

13 with respect to health hazards;

14 (5) to take any action authorized by such Act

15 with respect to a report of an employment accident

16 which is fatal to one or more employees or which re17 sults in hospitalization of two or more employees,

18 and to take any action pursuant to such investiga19 tion authorized by such Act; and

20 (6) to take any action authorized by such Act

21 with respect to complaints of discrimination against

22 employees for exercising rights under such Act:

23 Provided further, That the foregoing proviso shall not

24 apply to any person who is engaged in a farming operation
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1 which does not maintain a temporary labor camp and em2 ploys 10 or fewer employees.

3 MINE SAFETY AND HEALTH ADMINISTRATION

4 SALARIES AND EXPENSES

5 For necessary expenses for the Mine Safety and

6 Health Administration, $246,747,000, including purchase

7 and bestowal of certificates and trophies in connection

8 with mine rescue and first-aid work, and the hire of pas9 senger motor vehicles; including up to $1,000,000 for

10 mine rescue and recovery activities, which shall be avail11 able only to the extent that fiscal year 2001 obligations

12 for these activities exceed $1,000,000; in addition, not to

13 exceed $750,000 may be collected by the National Mine

14 Health and Safety Academy for room, board, tuition, and

15 the sale of training materials, otherwise authorized by law

16 to be collected, to be available for mine safety and health

17 education and training activities, notwithstanding 31

18 U.S.C. 3302; and, in addition, the Mine Safety and Health

19 Administration may retain up to $1,000,000 from fees col20 lected for the approval and certification of equipment, ma21 terials, and explosives for use in mines, and may utilize

22 such sums for such activities; the Secretary is authorized

23 to accept lands, buildings, equipment, and other contribu24 tions from public and private sources and to prosecute

25 projects in cooperation with other agencies, Federal,
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1 State, or private; the Mine Safety and Health Administra2 tion is authorized to promote health and safety education

3 and training in the mining community through cooperative

4 programs with States, industry, and safety associations;

5 and any funds available to the department may be used,

6 with the approval of the Secretary, to provide for the costs

7 of mine rescue and survival operations in the event of a

8 major disaster.

9 BUREAU OF LABOR STATISTICS

10 SALARIES AND EXPENSES

11 For necessary expenses for the Bureau of Labor Sta12 tistics, including advances or reimbursements to State,

13 Federal, and local agencies and their employees for serv14 ices rendered, $374,327,000, together with not to exceed

15 $67,257,000, which may be expended from the Employ16 ment Security Administration account in the Unemploy17 ment Trust Fund; and $10,000,000 which shall be avail18 able for obligation for the period July 1, 2001 through

19 June 30, 2002, for Occupational Employment Statistics.

20 DEPARTMENTAL MANAGEMENT

21 SALARIES AND EXPENSES

22 For necessary expenses for Departmental Manage23 ment, including the hire of three sedans, and including

24 the management or operation, through contracts, grants,

25 or other arrangements of Departmental bilateral and mul-
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1 tilateral foreign technical assistance, of which the funds

2 designated to carry out bilateral assistance under the

3 international child labor initiative shall be available for ob4 ligation through September 30, 2002, and $37,000,000

5 for the acquisition of Departmental information tech6 nology, architecture, infrastructure, equipment, software,

7 and related needs which will be allocated by the Depart8 ment’s Chief Information Officer in accordance with the

9 Department’s capital investment management process to

10 assure a sound investment strategy, $380,529,000; to11 gether with not to exceed $310,000, which may be ex12 pended from the Employment Security Administration ac13 count in the Unemployment Trust Fund: Provided, That

14 no funds made available by this Act may be used by the

15 Solicitor of Labor to participate in a review in any United

16 States court of appeals of any decision made by the Bene17 fits Review Board under section 21 of the Longshore and

18 Harbor Workers’ Compensation Act (33 U.S.C. 921)

19 where such participation is precluded by the decision of

20 the United States Supreme Court in Director, Office of

21 Workers’ Compensation Programs v. Newport News Ship22 building, 115 S. Ct. 1278 (1995), notwithstanding any

23 provisions to the contrary contained in Rule 15 of the Fed24 eral Rules of Appellate Procedure: Provided further, That

25 no funds made available by this Act may be used by the
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1 Secretary of Labor to review a decision under the

2 Longshore and Harbor Workers’ Compensation Act (33

3 U.S.C. 901 et seq.) that has been appealed and that has

4 been pending before the Benefits Review Board for more

5 than 12 months: Provided further, That any such decision

6 pending a review by the Benefits Review Board for more

7 than 1 year shall be considered affirmed by the Benefits

8 Review Board on the 1-year anniversary of the filing of

9 the appeal, and shall be considered the final order of the

10 Board for purposes of obtaining a review in the United

11 States courts of appeals: Provided further, That these pro12 visions shall not be applicable to the review or appeal of

13 any decision issued under the Black Lung Benefits Act

14 (30 U.S.C. 901 et seq.): Provided further, That beginning

15 in fiscal year 2001, there is established in the Department

16 of Labor an office of disability employment policy which

17 shall, under the overall direction of the Secretary, provide

18 leadership, develop policy and initiatives, and award

19 grants furthering the objective of eliminating barriers to

20 the training and employment of people with disabilities.

21 Such office shall be headed by an Assistant Secretary:

22 Provided further, That of amounts provided under this

23 head, not more than $23,002,000 is for this purpose.

24 VETERANS EMPLOYMENT AND TRAINING

25 Not to exceed $186,913,000 may be derived from the

26 Employment Security Administration account in the Un-
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1 employment Trust Fund to carry out the provisions of 38

2 U.S.C. 4100–4110A, 4212, 4214, and 4321–4327, and

3 Public Law 103–353, and which shall be available for obli4 gation by the States through December 31, 2001. To

5 carry out the Stewart B. McKinney Homeless Assistance

6 Act and section 168 of the Workforce Investment Act of

7 1998, $24,800,000, of which $7,300,000 shall be available

8 for obligation for the period July 1, 2001 through June

9 30, 2002.

10 OFFICE OF INSPECTOR GENERAL

11 For salaries and expenses of the Office of Inspector

12 General in carrying out the provisions of the Inspector

13 General Act of 1978, as amended, $50,015,000, together

14 with not to exceed $4,770,000, which may be expended

15 from the Employment Security Administration account in

16 the Unemployment Trust Fund.

17 GENERAL PROVISIONS

18 SEC. 101. None of the funds appropriated in this title

19 for the Job Corps shall be used to pay the compensation

20 of an individual, either as direct costs or any proration

21 as an indirect cost, at a rate in excess of Executive Level

22 II.

23 (TRANSFER OF FUNDS)

24 SEC. 102. Not to exceed 1 percent of any discre25 tionary funds (pursuant to the Balanced Budget and

26 Emergency Deficit Control Act of 1985, as amended)
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1 which are appropriated for the current fiscal year for the

2 Department of Labor in this Act may be transferred be3 tween appropriations, but no such appropriation shall be

4 increased by more than 3 percent by any such transfer:

5 Provided, That the Appropriations Committees of both

6 Houses of Congress are notified at least 15 days in ad7 vance of any transfer.

8 SEC. 103. Section 403(a)(5)(C)(viii) of the Social Se9 curity Act (42 U.S.C. 603(a)(5)(C)(viii)) (as amended by

10 section 801(b)(1)(A) of the Departments of Labor, Health

11 and Human Services, and Education, and Related Agen12 cies Appropriations Act, 2000 (as enacted into law by sec13 tion 1000(a)(4) of Public Law 106–113)) is amended by

14 striking ‘‘3 years’’ and inserting ‘‘5 years’’.

15 SEC. 104. No funds appropriated in this Act or any

16 other Act making appropriations for fiscal year 2001 may

17 be used to implement or enforce the proposed and final

18 regulations appearing in 65 Fed. Reg. 43528–43583, re19 garding temporary alien labor certification applications

20 and petitions for admission of nonimmigrant workers, or

21 any similar or successor rule with an effective date prior

22 to October 1, 2001: Provided, That nothing in this section

23 shall prohibit the development or revision of such a rule,

24 or the publication of any similar or successor proposed or

25 final rule, or the provision of training or technical assist-
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1 ance, or other activities necessary and appropriate in pre2 paring to implement such a rule with an effective date

3 after September 30, 2001.

4 SEC. 105. Section 218(c)(4) of the Immigration and

5 Nationality Act (8 U.S.C. 1188(c)(4)) is amended by add6 ing at the end the following new sentence: ‘‘The deter7 mination as to whether the housing furnished by an em8 ployer for an H–2A worker meets the requirements im9 posed by this paragraph must be made prior to the date

10 specified in paragraph (3)(A) by which the Secretary of

11 Labor is required to make a certification described in sub12 section (a)(1) with respect to a petition for the importa13 tion of such worker.’’.

14 SEC. 106. Section 286(s)(6) of the Immigration and

15 Naturalization Act (8 U.S.C. 1356(s)(6)) is amended by

16 inserting ‘‘and section 212(a)(5)(A)’’ after the second ref17 erence to ‘‘section 212(n)(1)’’.

18 SEC. 107. (a) Section 403(a)(5) of the Social Security

19 Act (as amended by section 806(b) of the Departments

20 of Labor, Health and Human Services, and Education,

21 and Related Agencies Appropriations Act, 2000 (as en22 acted into law by section 1000(a)(4) of Public Law 106–

23 113)) is amended by striking subparagraph (E) and redes24 ignating subparagraphs (F) through (K) as subpara25 graphs (E) through (J), respectively.
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1 (b) The Social Security Act (as amended by section

2 806(b) of the Departments of Labor, Health and Human

3 Services, and Education, and Related Agencies Appropria4 tions Act, 2000 (as enacted into law by section 1000(a)(4)

5 of Public Law 106–113)) is further amended as follows:

6 (1) Section 403(a)(5)(A)(i) (42 U.S.C.

7 603(a)(5)(A)(i)) is amended by striking ‘‘subpara8 graph (I)’’ and inserting ‘‘subparagraph (H)’’.

9 (2) Subclause (I) of each of subparagraphs

10 (A)(iv) and (B)(v) of section 403(a)(5) (42 U.S.C.

11 603(a)(5)(A)(iv)(I) and (B)(v)(I)) is amended—

12 (A) in item (aa)—

13 (i) by striking ‘‘(I)’’ and inserting

14 ‘‘(H)’’; and

15 (ii) by striking ‘‘(G), and (H)’’ and

16 inserting ‘‘and (G)’’; and

17 (B) in item (bb), by striking ‘‘(F)’’ and in18 serting ‘‘(E)’’.

19 (3) Section 403(a)(5)(B)(v) (42 U.S.C.

20 603(a)(5)(B)(v)) is amended in the matter preceding

21 subclause (I) by striking ‘‘(I)’’ and inserting ‘‘(H)’’.

22 (4) Subparagraphs (E), (F), and (G)(i) of sec23 tion 403(a)(5) (42 U.S.C. 603(a)(5)), as so redesig24 nated by subsection (a) of this section, are each

25 amended by striking ‘‘(I)’’ and inserting ‘‘(H)’’.
24

•HR 5656 IH

1 (5) Section 412(a)(3)(A) (42 U.S.C.

2 612(a)(3)(A)) is amended by striking ‘‘403(a)(5)(I)’’

3 and inserting ‘‘403(a)(5)(H)’’.

4 (c) Section 403(a)(5)(H)(i)(II) of such Act (42

5 U.S.C. 603(a)(5)(H)(i)(II)) (as redesignated by sub6 section (a) of this section and as amended by section

7 806(b) of the Departments of Labor, Health and Human

8 Services, and Education, and Related Agencies Appropria9 tions Act, 2000 (as enacted into law by section 1000(a)(4)

10 of Public Law 106–113)) is further amended by striking

11 ‘‘$1,450,000,000’’ and inserting ‘‘$1,400,000,000’’.

12 (d) The amendments made by subsections (a), (b),

13 and (c) of this section shall take effect on October 1, 2000.

14 This title may be cited as the ‘‘Department of Labor

15 Appropriations Act, 2001’’.

16 TITLE II—DEPARTMENT OF HEALTH AND

17 HUMAN SERVICES

18 HEALTH RESOURCES AND SERVICES ADMINISTRATION

19 HEALTH RESOURCES AND SERVICES

20 For carrying out titles II, III, VII, VIII, X, XII, XIX,

21 and XXVI of the Public Health Service Act, section

22 427(a) of the Federal Coal Mine Health and Safety Act,

23 title V and section 1820 of the Social Security Act, the

24 Health Care Quality Improvement Act of 1986, as amend25 ed, the Native Hawaiian Health Care Act of 1988, as
25

•HR 5656 IH

1 amended, and the Poison Control Center Enhancement

2 and Awareness Act, $5,525,476,000, of which

3 $226,224,000 shall be available for the construction and

4 renovation of health care and other facilities, and of which

5 $25,000,000 from general revenues, notwithstanding sec6 tion 1820( j) of the Social Security Act, shall be available

7 for carrying out the Medicare rural hospital flexibility

8 grants program under section 1820 of such Act: Provided,

9 That the Division of Federal Occupational Health may

10 utilize personal services contracting to employ professional

11 management/administrative and occupational health pro12 fessionals: Provided further, That of the funds made avail13 able under this heading, $250,000 shall be available until

14 expended for facilities renovations at the Gillis W. Long

15 Hansen’s Disease Center: Provided further, That in addi16 tion to fees authorized by section 427(b) of the Health

17 Care Quality Improvement Act of 1986, fees shall be col18 lected for the full disclosure of information under the Act

19 sufficient to recover the full costs of operating the Na20 tional Practitioner Data Bank, and shall remain available

21 until expended to carry out that Act: Provided further,

22 That fees collected for the full disclosure of information

23 under the ‘‘Health Care Fraud and Abuse Data Collection

24 Program,’’ authorized by section 1128E(d)(2) of the So25 cial Security Act, shall be sufficient to recover the full
26

•HR 5656 IH

1 costs of operating the program, and shall remain available

2 until expended to carry out that Act: Provided further,

3 That no more than $5,000,000 is available for carrying

4 out the provisions of Public Law 104–73: Provided further,

5 That of the funds made available under this heading,

6 $253,932,000 shall be for the program under title X of

7 the Public Health Service Act to provide for voluntary

8 family planning projects: Provided further, That amounts

9 provided to said projects under such title shall not be ex10 pended for abortions, that all pregnancy counseling shall

11 be nondirective, and that such amounts shall not be ex12 pended for any activity (including the publication or dis13 tribution of literature) that in any way tends to promote

14 public support or opposition to any legislative proposal or

15 candidate for public office: Provided further, That

16 $589,000,000 shall be for State AIDS Drug Assistance

17 Programs authorized by section 2616 of the Public Health

18 Service Act: Provided further, That of the amount pro19 vided under this heading, $700,000 shall be for the Amer20 ican Federation of Negro Affairs Education and Research

21 Fund of Philadelphia, $900,000 shall be for the Des

22 Moines University Osteopathic Medical Center, $250,000

23 shall be for the University of Alaska, Anchorage, to train

24 Alaska Natives as psychologists, $900,000 shall be for

25 Northeastern University in Boston, Massachusetts, to
27

•HR 5656 IH

1 train doctors to serve in low-income communities,

2 $500,000 shall be for the University of Alaska, Anchorage,

3 to recruit and train nurses in rural areas, and $230,000

4 shall be for the Illinois Poison Center: Provided further,

5 That, notwithstanding section 502(a)(1) of the Social Se6 curity Act, not to exceed $113,728,000 is available for car7 rying out special projects of regional and national signifi8 cance pursuant to section 501(a)(2) of such Act, of which

9 $5,000,000 is for Columbia Hospital for Women Medical

10 Center in Washington, D.C., to support community out11 reach programs for women, $5,000,000 is for continuation

12 of the traumatic brain injury State demonstration

13 projects, and $100,000 is for St. Joseph’s Health Services

14 of Rhode Island for the Providence Smiles dental program

15 for low-income children.

16 For special projects of regional and national signifi17 cance under section 501(a)(2) of the Social Security Act,

18 $30,000,000, which shall become available on October 1,

19 2001, and shall remain available until September 30,

20 2002: Provided, That such amount shall not be counted

21 toward compliance with the allocation required in section

22 502(a)(1) of such Act: Provided further, That such

23 amount shall be used only for making competitive grants

24 to provide abstinence education (as defined in section

25 510(b)(2) of such Act) to adolescents and for evaluations
28

•HR 5656 IH

1 (including longitudinal evaluations) of activities under the

2 grants and for Federal costs of administering the grants:

3 Provided further, That grants shall be made only to public

4 and private entities which agree that, with respect to an

5 adolescent to whom the entities provide abstinence edu6 cation under such grant, the entities will not provide to

7 that adolescent any other education regarding sexual con8 duct, except that, in the case of an entity expressly re9 quired by law to provide health information or services the

10 adolescent shall not be precluded from seeking health in11 formation or services from the entity in a different setting

12 than the setting in which the abstinence education was

13 provided: Provided further, That the funds expended for

14 such evaluations may not exceed 3.5 percent of such

15 amount.

16 HEALTH EDUCATION ASSISTANCE LOANS PROGRAM

17 Such sums as may be necessary to carry out the pur18 pose of the program, as authorized by title VII of the Pub19 lic Health Service Act, as amended. For administrative ex20 penses to carry out the guaranteed loan program, includ21 ing section 709 of the Public Health Service Act,

22 $3,679,000.

23 VACCINE INJURY COMPENSATION PROGRAM TRUST FUND

24 For payments from the Vaccine Injury Compensation

25 Program Trust Fund, such sums as may be necessary for

26 claims associated with vaccine-related injury or death with
29

•HR 5656 IH

1 respect to vaccines administered after September 30,

2 1988, pursuant to subtitle 2 of title XXI of the Public

3 Health Service Act, to remain available until expended:

4 Provided, That for necessary administrative expenses, not

5 to exceed $2,992,000 shall be available from the Trust

6 Fund to the Secretary of Health and Human Services.

7 CENTERS FOR DISEASE CONTROL AND PREVENTION

8 DISEASE CONTROL, RESEARCH, AND TRAINING

9 To carry out titles II, III, VII, XI, XV, XVII, XIX,

10 and XXVI of the Public Health Service Act, sections 101,

11 102, 103, 201, 202, 203, 301, and 501 of the Federal

12 Mine Safety and Health Act of 1977, sections 20, 21, and

13 22 of the Occupational Safety and Health Act of 1970,

14 title IV of the Immigration and Nationality Act, and sec15 tion 501 of the Refugee Education Assistance Act of 1980;

16 including insurance of official motor vehicles in foreign

17 countries; and hire, maintenance, and operation of air18 craft, $3,868,027,000, of which $175,000,000 shall re19 main available until expended for the facilities master plan

20 for equipment and construction and renovation of facili21 ties, and in addition, such sums as may be derived from

22 authorized user fees, which shall be credited to this ac23 count, and of which $104,527,000 for international HIV/

24 AIDS programs shall remain available until September

25 30, 2002: Provided, That in addition to amounts provided
30

•HR 5656 IH

1 herein, up to $71,690,000 shall be available from amounts

2 available under section 241 of the Public Health Service

3 Act to carry out the National Center for Health Statistics

4 Surveys: Provided further, That none of the funds made

5 available for injury prevention and control at the Centers

6 for Disease Control and Prevention may be used to advo7 cate or promote gun control: Provided further, That the

8 Director may redirect the total amount made available

9 under authority of Public Law 101–502, section 3, dated

10 November 3, 1990, to activities the Director may so des11 ignate: Provided further, That the Congress is to be noti12 fied promptly of any such transfer: Provided further, That

13 not to exceed $10,000,000 may be available for making

14 grants under section 1509 of the Public Health Service

15 Act to not more than 15 States: Provided further, That

16 notwithstanding any other provision of law, a single con17 tract or related contracts for development and construc18 tion of facilities may be employed which collectively include

19 the full scope of the project: Provided further, That the

20 solicitation and contract shall contain the clause ‘‘avail21 ability of funds’’ found at 48 CFR 52.232–18: Provided

22 further, That funds obligated for influenza vaccine stock23 pile in fiscal year 2000 and fiscal year 2001 shall be con24 sidered as appropriated under section 3 of Public Law

25 101–502.
31

•HR 5656 IH

1 NATIONAL INSTITUTES OF HEALTH

2 NATIONAL CANCER INSTITUTE

3 For carrying out section 301 and title IV of the Pub4 lic Health Service Act with respect to cancer,

5 $3,757,242,000.

6 NATIONAL HEART, LUNG, AND BLOOD INSTITUTE

7 For carrying out section 301 and title IV of the Pub8 lic Health Service Act with respect to cardiovascular, lung,

9 and blood diseases, and blood and blood products,

10 $2,299,866,000.

11 NATIONAL INSTITUTE OF DENTAL AND CRANIOFACIAL

12 RESEARCH

13 For carrying out section 301 and title IV of the Pub14 lic Health Service Act with respect to dental disease,

15 $306,448,000.

16 NATIONAL INSTITUTE OF DIABETES AND DIGESTIVE AND

17 KIDNEY DISEASES

18 For carrying out section 301 and title IV of the Pub19 lic Health Service Act with respect to diabetes and diges20 tive and kidney disease, $1,303,385,000.

21 NATIONAL INSTITUTE OF NEUROLOGICAL DISORDERS

22 AND STROKE

23 For carrying out section 301 and title IV of the Pub24 lic Health Service Act with respect to neurological dis25 orders and stroke, $1,176,482,000.
32

•HR 5656 IH

1 NATIONAL INSTITUTE OF ALLERGY AND INFECTIOUS

2 DISEASES

3 For carrying out section 301 and title IV of the Pub4 lic Health Service Act with respect to allergy and infec5 tious diseases, $2,043,208,000.

6 NATIONAL INSTITUTE OF GENERAL MEDICAL SCIENCES

7 For carrying out section 301 and title IV of the Pub8 lic Health Service Act with respect to general medical

9 sciences, $1,535,823,000.

10 NATIONAL INSTITUTE OF CHILD HEALTH AND HUMAN

11 DEVELOPMENT

12 For carrying out section 301 and title IV of the Pub13 lic Health Service Act with respect to child health and

14 human development, $976,455,000.

15 NATIONAL EYE INSTITUTE

16 For carrying out section 301 and title IV of the Pub17 lic Health Service Act with respect to eye diseases and

18 visual disorders, $510,611,000.

19 NATIONAL INSTITUTE OF ENVIRONMENTAL HEALTH

20 SCIENCES

21 For carrying out sections 301 and 311 and title IV

22 of the Public Health Service Act with respect to environ23 mental health sciences, $502,549,000.
33

•HR 5656 IH

1 NATIONAL INSTITUTE ON AGING

2 For carrying out section 301 and title IV of the Pub3 lic Health Service Act with respect to aging,

4 $786,039,000.

5 NATIONAL INSTITUTE OF ARTHRITIS AND

6 MUSCULOSKELETAL AND SKIN DISEASES

7 For carrying out section 301 and title IV of the Pub8 lic Health Service Act with respect to arthritis and mus9 culoskeletal and skin diseases, $396,687,000.

10 NATIONAL INSTITUTE ON DEAFNESS AND OTHER

11 COMMUNICATION DISORDERS

12 For carrying out section 301 and title IV of the Pub13 lic Health Service Act with respect to deafness and other

14 communication disorders, $300,581,000.

15 NATIONAL INSTITUTE OF NURSING RESEARCH

16 For carrying out section 301 and title IV of the Pub17 lic Health Service Act with respect to nursing research,

18 $104,370,000.

19 NATIONAL INSTITUTE ON ALCOHOL ABUSE AND

20 ALCOHOLISM

21 For carrying out section 301 and title IV of the Pub22 lic Health Service Act with respect to alcohol abuse and

23 alcoholism, $340,678,000.
34

•HR 5656 IH

1 NATIONAL INSTITUTE ON DRUG ABUSE

2 For carrying out section 301 and title IV of the Pub3 lic Health Service Act with respect to drug abuse,

4 $781,327,000.

5 NATIONAL INSTITUTE OF MENTAL HEALTH

6 For carrying out section 301 and title IV of the Pub7 lic Health Service Act with respect to mental health,

8 $1,107,028,000.

9 NATIONAL HUMAN GENOME RESEARCH INSTITUTE

10 For carrying out section 301 and title IV of the Pub11 lic Health Service Act with respect to human genome re12 search, $382,384,000.

13 NATIONAL CENTER FOR RESEARCH RESOURCES

14 For carrying out section 301 and title IV of the Pub15 lic Health Service Act with respect to research resources

16 and general research support grants, $817,475,000: Pro17 vided, That none of these funds shall be used to pay recipi18 ents of the general research support grants program any

19 amount for indirect expenses in connection with such

20 grants: Provided further, That $75,000,000 shall be for

21 extramural facilities construction grants.

22 JOHN E. FOGARTY INTERNATIONAL CENTER

23 For carrying out the activities at the John E.

24 Fogarty International Center, $50,514,000.
35

•HR 5656 IH

1 NATIONAL LIBRARY OF MEDICINE

2 For carrying out section 301 and title IV of the Pub3 lic Health Service Act with respect to health information

4 communications, $246,801,000, of which $4,000,000 shall

5 be available until expended for improvement of informa6 tion systems: Provided, That in fiscal year 2001, the Li7 brary may enter into personal services contracts for the

8 provision of services in facilities owned, operated, or con9 structed under the jurisdiction of the National Institutes

10 of Health.

11 NATIONAL CENTER FOR COMPLEMENTARY AND

12 ALTERNATIVE MEDICINE

13 For carrying out section 301 and title IV of the Pub14 lic Health Service Act with respect to complementary and

15 alternative medicine, $89,211,000.

16 NATIONAL CENTER ON MINORITY HEALTH AND HEALTH

17 DISPARITIES

18 For carrying out section 301 and title IV of the Pub19 lic Health Service Act with respect to minority health and

20 health disparities research, $130,200,000.

21 OFFICE OF THE DIRECTOR

22 (INCLUDING TRANSFER OF FUNDS)

23 For carrying out the responsibilities of the Office of

24 the Director, National Institutes of Health, $213,581,000,

25 of which $48,271,000 shall be for the Office of AIDS Re26 search: Provided, That funding shall be available for the
36

•HR 5656 IH

1 purchase of not to exceed 20 passenger motor vehicles for

2 replacement only: Provided further, That the Director may

3 direct up to 1 percent of the total amount made available

4 in this or any other Act to all National Institutes of

5 Health appropriations to activities the Director may so

6 designate: Provided further, That no such appropriation

7 shall be decreased by more than 1 percent by any such

8 transfers and that the Congress is promptly notified of

9 the transfer: Provided further, That the National Insti10 tutes of Health is authorized to collect third party pay11 ments for the cost of clinical services that are incurred

12 in National Institutes of Health research facilities and

13 that such payments shall be credited to the National Insti14 tutes of Health Management Fund: Provided further, That

15 all funds credited to the National Institutes of Health

16 Management Fund shall remain available for 1 fiscal year

17 after the fiscal year in which they are deposited: Provided

18 further, That up to $500,000 shall be available to carry

19 out section 499 of the Public Health Service Act: Provided

20 further, That, notwithstanding section 499(k)(10) of the

21 Public Health Service Act, funds from the Foundation for

22 the National Institutes of Health may be transferred to

23 the National Institutes of Health.

24 BUILDINGS AND FACILITIES

25 For the study of, construction of, and acquisition of

26 equipment for, facilities of or used by the National Insti-
37

•HR 5656 IH

1 tutes of Health, including the acquisition of real property,

2 $153,790,000, to remain available until expended, of

3 which $47,300,000 shall be for the National Neuroscience

4 Research Center: Provided, That notwithstanding any

5 other provision of law, a single contract or related con6 tracts for the development and construction of the first

7 phase of the National Neuroscience Research Center may

8 be employed which collectively include the full scope of the

9 project: Provided further, That the solicitation and con10 tract shall contain the clause ‘‘availability of funds’’ found

11 at 48 CFR 52.232–18.

12 SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES

13 ADMINISTRATION

14 SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES

15 For carrying out titles V and XIX of the Public

16 Health Service Act with respect to substance abuse and

17 mental health services, the Protection and Advocacy for

18 Mentally Ill Individuals Act of 1986, and section 301 of

19 the Public Health Service Act with respect to program

20 management, $2,958,001,000, of which $24,605,000 shall

21 be available for the projects and in the amounts specified

22 in the statement of the managers on the conference report

23 accompanying this Act.
38

•HR 5656 IH

1 AGENCY FOR HEALTHCARE RESEARCH AND QUALITY

2 HEALTHCARE RESEARCH AND QUALITY

3 For carrying out titles III and IX of the Public

4 Health Service Act, and part A of title XI of the Social

5 Security Act, $104,963,000; in addition, amounts received

6 from Freedom of Information Act fees, reimbursable and

7 interagency agreements, and the sale of data shall be cred8 ited to this appropriation and shall remain available until

9 expended: Provided, That the amount made available pur10 suant to section 926(b) of the Public Health Service Act

11 shall not exceed $164,980,000.

12 HEALTH CARE FINANCING ADMINISTRATION

13 GRANTS TO STATES FOR MEDICAID

14 For carrying out, except as otherwise provided, titles

15 XI and XIX of the Social Security Act, $93,586,251,000,

16 to remain available until expended.

17 For making, after May 31, 2001, payments to States

18 under title XIX of the Social Security Act for the last

19 quarter of fiscal year 2001 for unanticipated costs, in20 curred for the current fiscal year, such sums as may be

21 necessary.

22 For making payments to States or in the case of sec23 tion 1928 on behalf of States under title XIX of the Social

24 Security Act for the first quarter of fiscal year 2002,

25 $36,207,551,000, to remain available until expended.
39

•HR 5656 IH

1 Payment under title XIX may be made for any quar2 ter with respect to a State plan or plan amendment in

3 effect during such quarter, if submitted in or prior to such

4 quarter and approved in that or any subsequent quarter.

5 PAYMENTS TO HEALTH CARE TRUST FUNDS

6 For payment to the Federal Hospital Insurance and

7 the Federal Supplementary Medical Insurance Trust

8 Funds, as provided under sections 217(g) and 1844 of the

9 Social Security Act, sections 103(c) and 111(d) of the So10 cial Security Amendments of 1965, section 278(d) of Pub11 lic Law 97–248, and for administrative expenses incurred

12 pursuant to section 201(g) of the Social Security Act,

13 $70,381,600,000.

14 PROGRAM MANAGEMENT

15 For carrying out, except as otherwise provided, titles

16 XI, XVIII, XIX, and XXI of the Social Security Act, titles

17 XIII and XXVII of the Public Health Service Act, and

18 the Clinical Laboratory Improvement Amendments of

19 1988, not to exceed $2,246,326,000, to be transferred

20 from the Federal Hospital Insurance and the Federal Sup21 plementary Medical Insurance Trust Funds, as authorized

22 by section 201(g) of the Social Security Act; together with

23 all funds collected in accordance with section 353 of the

24 Public Health Service Act and such sums as may be col25 lected from authorized user fees and the sale of data,

26 which shall remain available until expended, and together
40

•HR 5656 IH

1 with administrative fees collected relative to Medicare

2 overpayment recovery activities, which shall remain avail3 able until expended: Provided, That all funds derived in

4 accordance with 31 U.S.C. 9701 from organizations estab5 lished under title XIII of the Public Health Service Act

6 shall be credited to and available for carrying out the pur7 poses of this appropriation: Provided further, That

8 $18,000,000 appropriated under this heading for the man9 aged care system redesign shall remain available until ex10 pended: Provided further, That $20,000,000 of the

11 amount available for research, demonstration, and evalua12 tion activities shall be available to continue carrying out

13 demonstration projects on Medicaid coverage of commu14 nity-based attendant care services for people with disabil15 ities which ensures maximum control by the consumer to

16 select and manage their attendant care services: Provided

17 further, That the Secretary of Health and Human Services

18 is directed to enter into an agreement with the Mind-Body

19 Institute of Boston, Massachusetts, to conduct a dem20 onstration of a lifestyle modification program: Provided

21 further, That $2,800,000 of the amount available for re22 search, demonstration, and evaluation activities shall be

23 awarded for administration, evaluation, quality monitoring

24 and peer review of this lifestyle modification demonstra25 tion: Provided further, That $2,800,000 of the amount
41

•HR 5656 IH

1 available for research, demonstration, and evaluation ac2 tivities shall be awarded to a joint application from the

3 University of Pittsburgh, Case Western Reserve in Cleve4 land, Ohio, and Mt. Sinai Hospital in Miami, Florida, to

5 use integrated nursing services and technology to imple6 ment daily monitoring of congestive heart failure patients

7 in underserved populations in accordance with established

8 clinical guidelines: Provided further, That $500,000 of the

9 amount available for research, demonstration, and evalua10 tion activities shall be awarded to the University of Pitts11 burgh Medical Center and University of Pennsylvania for

12 a study of the efficacy of surgical versus non-surgical man13 agement of abdominal aneurysms: Provided further, That

14 $650,000 of the amount available for research, demonstra15 tion, and evaluation activities shall be awarded to the Vas16 cular Surgery Outcome Initiative at Dartmouth College:

17 Provided further, That up to $300,000 of the amount

18 available for research, demonstration, and evaluation ac19 tivities shall be awarded to the United States-Mexico Bor20 der Counties Coalition for a study to determine the unre21 imbursed costs incurred to treat undocumented aliens for

22 medical emergencies in southwest border States, their bor23 der counties, and hospitals within the jurisdiction of these

24 States and counties: Provided further, That $1,700,000 of

25 the amount available for research, demonstration, and
42

•HR 5656 IH

1 evaluation activities shall be awarded to the AIDS

2 Healthcare Foundation in Los Angeles for a demonstra3 tion of residential and outpatient treatment facilities: Pro4 vided further, That $350,000 of the amount available for

5 research, demonstration, and evaluation activities shall be

6 awarded to the Cook County, Illinois Bureau of Health

7 for the Asthma Champion Initiative demonstration to re8 duce morbidity and mortality from asthma in high preva9 lence areas: Provided further, That $1,000,000 of the

10 amount available for research, demonstration, and evalua11 tion activities shall be awarded to the West Virginia Uni12 versity School of Medicine’s Eye Center to test interven13 tions and improve the quality of life for individuals with

14 low vision, with a particular focus on the elderly: Provided

15 further, That $1,000,000 of the amount available for re16 search, demonstration, and evaluation activities shall be

17 awarded to the Iowa Department of Public Health for the

18 establishment and operation of a mercantile prescription

19 drug purchasing cooperative or non-profit corporation

20 demonstration: Provided further, That $691,000 of the

21 amount available for research, demonstration, and evalua22 tion activities shall be awarded to Ohio State University

23 to determine the benefits of compliance packaging: Pro24 vided further, That $855,000 of the amount available for

25 research, demonstration, and evaluation activities shall be
43

•HR 5656 IH

1 awarded to Children’s Hospice International for a dem2 onstration project to provide a continuum of care for chil3 dren with life-threatening conditions and their families:

4 Provided further, That $921,000 of the amount available

5 for research, demonstration, and evaluation activities shall

6 be awarded to Equip for Equality for a demonstration

7 project to document the impact of an independent inves8 tigative unit that will examine deaths or other serious alle9 gations of abuse and neglect of people with disabilities at

10 facilities in Illinois: Provided further, That $1,000,000 of

11 the amount available for research, demonstration, and

12 evaluation activities shall be awarded to Duke University

13 Medical Center to demonstrate the potential savings in the

14 Medicare program of a reimbursement system based on

15 preventative care: Provided further, That $1,843,000 of

16 the amount available for research, demonstration, and

17 evaluation activities shall be awarded to Bucks County,

18 Pennsylvania, for a health improvement project: Provided

19 further, That $255,000 of the amount available for re20 search, demonstration, and evaluation activities shall be

21 awarded to the LA Care Health Plan in Los Angeles, Cali22 fornia, for a demonstration program to improve clinical

23 data coordination among Medicaid providers: Provided

24 further, That $646,000 of the amount available for re25 search, demonstration, and evaluation activities shall be
44

•HR 5656 IH

1 for the Shelby County Regional Medical Center to estab2 lish a Master Patient Index to determine patient Medicaid/

3 TennCare eligibility: Provided further, That the Secretary

4 of Health and Human Services is directed to collect fees

5 in fiscal year 2001 from Medicare∂Choice organizations

6 pursuant to section 1857(e)(2) of the Social Security Act

7 and from eligible organizations with risk-sharing contracts

8 under section 1876 of that Act pursuant to section

9 1876(k)(4)(D) of that Act.

10 HEALTH MAINTENANCE ORGANIZATION LOAN AND LOAN

11 GUARANTEE FUND

12 For carrying out subsections (d) and (e) of section

13 1308 of the Public Health Service Act, any amounts re14 ceived by the Secretary in connection with loans and loan

15 guarantees under title XIII of the Public Health Service

16 Act, to be available without fiscal year limitation for the

17 payment of outstanding obligations. During fiscal year

18 2001, no commitments for direct loans or loan guarantees

19 shall be made.

20 ADMINISTRATION FOR CHILDREN AND FAMILIES

21 PAYMENTS TO STATES FOR CHILD SUPPORT

22 ENFORCEMENT AND FAMILY SUPPORT PROGRAMS

23 For making payments to States or other non-Federal

24 entities under titles I, IV–D, X, XI, XIV, and XVI of the

25 Social Security Act and the Act of July 5, 1960 (24

26 U.S.C. ch. 9), $2,441,800,000, to remain available until
45

•HR 5656 IH

1 expended; and for such purposes for the first quarter of

2 fiscal year 2002, $1,000,000,000, to remain available until

3 expended.

4 For making payments to each State for carrying out

5 the program of Aid to Families with Dependent Children

6 under title IV–A of the Social Security Act before the ef7 fective date of the program of Temporary Assistance to

8 Needy Families (TANF) with respect to such State, such

9 sums as may be necessary: Provided, That the sum of the

10 amounts available to a State with respect to expenditures

11 under such title IV–A in fiscal year 1997 under this ap12 propriation and under such title IV–A as amended by the

13 Personal Responsibility and Work Opportunity Reconcili14 ation Act of 1996 shall not exceed the limitations under

15 section 116(b) of such Act.

16 For making, after May 31 of the current fiscal year,

17 payments to States or other non-Federal entities under

18 titles I, IV–D, X, XI, XIV, and XVI of the Social Security

19 Act and the Act of July 5, 1960 (24 U.S.C. ch. 9), for

20 the last 3 months of the current year for unanticipated

21 costs, incurred for the current fiscal year, such sums as

22 may be necessary.

23 LOW INCOME HOME ENERGY ASSISTANCE

24 For making payments under title XXVI of the Omni25 bus Budget Reconciliation Act of 1981, in addition to
46

•HR 5656 IH

1 amounts already appropriated for fiscal year 2001,

2 $300,000,000.

3 For making payments under title XXVI of the Omni4 bus Reconciliation Act of 1981, $300,000,000: Provided,

5 That these funds are hereby designated by the Congress

6 to be emergency requirements pursuant to section

7 251(b)(2)(A) of the Balanced Budget and Emergency

8 Deficit Control Act of 1985: Provided further, That these

9 funds shall be made available only after submission to the

10 Congress of a formal budget request by the President that

11 includes designation of the entire amount of the request

12 as an emergency requirement as defined in such Act.

13 REFUGEE AND ENTRANT ASSISTANCE

14 For making payments for refugee and entrant assist15 ance activities authorized by title IV of the Immigration

16 and Nationality Act and section 501 of the Refugee Edu17 cation Assistance Act of 1980 (Public Law 96–422),

18 $423,109,000: Provided, That funds appropriated pursu19 ant to section 414(a) of the Immigration and Nationality

20 Act for fiscal year 2001 shall be available for the costs

21 of assistance provided and other activities through Sep22 tember 30, 2003: Provided further, That up to $5,000,000

23 is available to carry out the Trafficking Victims Protection

24 Act of 2000.

25 For carrying out section 5 of the Torture Victims Re26 lief Act of 1998 (Public Law 105–320), $10,000,000.
47

•HR 5656 IH

1 PAYMENTS TO STATES FOR THE CHILD CARE AND

2 DEVELOPMENT BLOCK GRANT

3 For carrying out sections 658A through 658R of the

4 Omnibus Budget Reconciliation Act of 1981 (The Child

5 Care and Development Block Grant Act of 1990), in addi6 tion to amounts already appropriated for fiscal year 2001,

7 $817,328,000, such funds shall be used to supplement, not

8 supplant State general revenue funds for child care assist9 ance for low-income families: Provided, That of the funds

10 appropriated for fiscal year 2001, $19,120,000 shall be

11 available for child care resource and referral and school12 aged child care activities, of which $1,000,000 shall be for

13 the Child Care Aware toll free hotline: Provided further,

14 That of the funds appropriated for fiscal year 2001, in

15 addition to the amounts required to be reserved by the

16 States under section 658G, $272,672,000 shall be re17 served by the States for activities authorized under section

18 658G, of which $100,000,000 shall be for activities that

19 improve the quality of infant and toddler child care: Pro20 vided further, That of the funds appropriated for fiscal

21 year 2001, $10,000,000 shall be for use by the Secretary

22 for child care research, demonstration, and evaluation ac23 tivities.

24 SOCIAL SERVICES BLOCK GRANT

25 For making grants to States pursuant to section

26 2002 of the Social Security Act, $1,725,000,000: Pro-
48

•HR 5656 IH

1 vided, That notwithstanding section 2003(c) of such Act,

2 as amended, the amount specified for allocation under

3 such section for fiscal year 2001 shall be $1,725,000,000:

4 Provided further, That, notwithstanding subparagraph (B)

5 of section 404(d)(2) of such Act, the applicable percent

6 specified under such subparagraph for a State to carry

7 out State programs pursuant to title XX of such Act shall

8 be 10 percent.

9 CHILDREN AND FAMILIES SERVICES PROGRAMS

10 (INCLUDING RESCISSIONS)

11 For carrying out, except as otherwise provided, the

12 Runaway and Homeless Youth Act, the Developmental

13 Disabilities Assistance and Bill of Rights Act, the Head

14 Start Act, the Child Abuse Prevention and Treatment Act,

15 the Native American Programs Act of 1974, title II of

16 Public Law 95–266 (adoption opportunities), the Adoption

17 and Safe Families Act of 1997 (Public Law 105–89), the

18 Abandoned Infants Assistance Act of 1988, the Early

19 Learning Opportunities Act, part B(1) of title IV and sec20 tions 413, 429A, 1110, and 1115 of the Social Security

21 Act, and sections 40155, 40211, and 40241 of Public law

22 103–322; for making payments under the Community

23 Services Block Grant Act, section 473A of the Social Secu24 rity Act, and title IV of Public Law 105–285, and for nec25 essary administrative expenses to carry out said Acts and

26 titles I, IV, X, XI, XIV, XVI, and XX of the Social Secu-
49

•HR 5656 IH

1 rity Act, the Act of July 5, 1960 (24 U.S.C. ch. 9), the

2 Omnibus Budget Reconciliation Act of 1981, title IV of

3 the Immigration and Nationality Act, section 501 of the

4 Refugee Education Assistance Act of 1980, section 5 of

5 the Torture Victims Relief Act of 1998 (Public Law 105–

6 320), sections 40155, 40211, and 40241 of Public Law

7 103–322 and section 126 and titles IV and V of Public

8 Law 100–485, $7,956,345,000, of which $43,000,000, to

9 remain available until September 30, 2002, shall be for

10 grants to States for adoption incentive payments, as au11 thorized by section 473A of title IV of the Social Security

12 Act (42 U.S.C. 670–679) and may be made for adoptions

13 completed in fiscal years 1999 and 2000; of which

14 $682,876,000 shall be for making payments under the

15 Community Services Block Grant Act; and of which

16 $6,200,000,000 shall be for making payments under the

17 Head Start Act, of which $1,400,000,000 shall become

18 available October 1, 2001 and remain available through

19 September 30, 2002: Provided, That to the extent Com20 munity Services Block Grant funds are distributed as

21 grant funds by a State to an eligible entity as provided

22 under the Act, and have not been expended by such entity,

23 they shall remain with such entity for carryover into the

24 next fiscal year for expenditure by such entity consistent

25 with program purposes: Provided further, That the Sec-
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•HR 5656 IH

1 retary shall establish procedures regarding the disposition

2 of intangible property which permits grant funds, or intan3 gible assets acquired with funds authorized under section

4 680 of the Community Services Block Grant Act, as

5 amended, to become the sole property of such grantees

6 after a period of not more than 12 years after the end

7 of the grant for purposes and uses consistent with the

8 original grant.

9 Funds appropriated for fiscal year 2001 under sec10 tion 429A(e), part B of title IV of the Social Security Act

11 shall be reduced by $6,000,000.

12 Funds appropriated for fiscal year 2001 under sec13 tion 413(h)(1) of the Social Security Act shall be reduced

14 by $15,000,000.

15 PROMOTING SAFE AND STABLE FAMILIES

16 For carrying out section 430 of the Social Security

17 Act, $305,000,000.

18 PAYMENTS TO STATES FOR FOSTER CARE AND ADOPTION

19 ASSISTANCE

20 For making payments to States or other non-Federal

21 entities under title IV–E of the Social Security Act,

22 $4,863,100,000.

23 For making payments to States or other non-Federal

24 entities under title IV–E of the Social Security Act, for

25 the first quarter of fiscal year 2002, $1,735,900,000.
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1 ADMINISTRATION ON AGING

2 AGING SERVICES PROGRAMS

3 For carrying out, to the extent not otherwise pro4 vided, the Older Americans Act of 1965, as amended, and

5 section 398 of the Public Health Service Act,

6 $1,103,135,000, of which $5,000,000 shall be available for

7 activities regarding medication management, screening,

8 and education to prevent incorrect medication and adverse

9 drug reactions: Provided, That notwithstanding section

10 308(b)(1) of the Older Americans Act of 1965, as amend11 ed, the amounts available to each State for administration

12 of the State plan under title III of such Act shall be re13 duced not more than 5 percent below the amount that was

14 available to such State for such purpose for fiscal year

15 1995.

16 OFFICE OF THE SECRETARY

17 GENERAL DEPARTMENTAL MANAGEMENT

18 For necessary expenses, not otherwise provided, for

19 general departmental management, including hire of six

20 sedans, and for carrying out titles III, XVII, and XX of

21 the Public Health Service Act, and the United States-Mex22 ico Border Health Commission Act, $285,224,000, to23 gether with $5,851,000, to be transferred and expended

24 as authorized by section 201(g)(1) of the Social Security

25 Act from the Hospital Insurance Trust Fund and the Sup-
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•HR 5656 IH

1 plemental Medical Insurance Trust Fund: Provided fur2 ther, That of the funds made available under this heading

3 for carrying out title XX of the Public Health Service Act,

4 $10,377,000 shall be for activities specified under section

5 2003(b)(2), of which $10,157,000 shall be for prevention

6 service demonstration grants under section 510(b)(2) of

7 title V of the Social Security Act, as amended, without

8 application of the limitation of section 2010(c) of said title

9 XX: Provided further, That no funds shall be obligated for

10 minority AIDS prevention and treatment activities until

11 the Department of Health and Human Services submits

12 an operating plan to the House and Senate Committees

13 on Appropriations.

14 OFFICE OF INSPECTOR GENERAL

15 For expenses necessary for the Office of Inspector

16 General in carrying out the provisions of the Inspector

17 General Act of 1978, as amended, $33,849,000: Provided,

18 That of such amount, necessary sums are available for

19 providing protective services to the Secretary and inves20 tigating non-payment of child support cases for which non21 payment is a Federal offense under 18 U.S.C. 228, each

22 of which activities is hereby authorized in this and subse23 quent fiscal years.

24 OFFICE FOR CIVIL RIGHTS

25 For expenses necessary for the Office for Civil

26 Rights, $24,742,000, together with not to exceed
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•HR 5656 IH

1 $3,314,000, to be transferred and expended as authorized

2 by section 201(g)(1) of the Social Security Act from the

3 Hospital Insurance Trust Fund and the Supplemental

4 Medical Insurance Trust Fund.

5 POLICY RESEARCH

6 For carrying out, to the extent not otherwise pro7 vided, research studies under section 1110 of the Social

8 Security Act, $16,738,000.

9 RETIREMENT PAY AND MEDICAL BENEFITS FOR

10 COMMISSIONED OFFICERS

11 For retirement pay and medical benefits of Public

12 Health Service Commissioned Officers as authorized by

13 law, for payments under the Retired Serviceman’s Family

14 Protection Plan and Survivor Benefit Plan, for medical

15 care of dependents and retired personnel under the De16 pendents’ Medical Care Act (10 U.S.C. ch. 55), and for

17 payments pursuant to section 229(b) of the Social Secu18 rity Act (42 U.S.C. 429(b)), such amounts as may be re19 quired during the current fiscal year.

20 PUBLIC HEALTH AND SOCIAL SERVICES EMERGENCY

21 FUND

22 For expenses necessary to support activities related

23 to countering potential biological, disease and chemical

24 threats to civilian populations, $241,231,000: Provided,

25 That this amount is distributed as follows: Centers for

26 Disease Control and Prevention, $181,131,000, of which
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1 $32,000,000 shall be for the Health Alert Network and

2 $18,040,000 shall be for the continued study of the an3 thrax vaccine; and Office of Emergency Preparedness,

4 $60,100,000.

5 GENERAL PROVISIONS

6 SEC. 201. Funds appropriated in this title shall be

7 available for not to exceed $37,000 for official reception

8 and representation expenses when specifically approved by

9 the Secretary.

10 SEC. 202. The Secretary shall make available through

11 assignment not more than 60 employees of the Public

12 Health Service to assist in child survival activities and to

13 work in AIDS programs through and with funds provided

14 by the Agency for International Development, the United

15 Nations International Children’s Emergency Fund or the

16 World Health Organization.

17 SEC. 203. None of the funds appropriated under this

18 Act may be used to implement section 399L(b) of the Pub19 lic Health Service Act or section 1503 of the National In20 stitutes of Health Revitalization Act of 1993, Public Law

21 103–43.

22 SEC. 204. None of the funds appropriated in this Act

23 for the National Institutes of Health and the Substance

24 Abuse and Mental Health Services Administration shall

25 be used to pay the salary of an individual, through a grant
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1 or other extramural mechanism, at a rate in excess of Ex2 ecutive Level I.

3 SEC. 205. None of the funds appropriated in this Act

4 may be expended pursuant to section 241 of the Public

5 Health Service Act, except for funds specifically provided

6 for in this Act, or for other taps and assessments made

7 by any office located in the Department of Health and

8 Human Services, prior to the Secretary’s preparation and

9 submission of a report to the Committee on Appropria10 tions of the Senate and of the House detailing the planned

11 uses of such funds.

12 (TRANSFER OF FUNDS)

13 SEC. 206. Not to exceed 1 percent of any discre14 tionary funds (pursuant to the Balanced Budget and

15 Emergency Deficit Control Act of 1985, as amended)

16 which are appropriated for the current fiscal year for the

17 Department of Health and Human Services in this Act

18 may be transferred between appropriations, but no such

19 appropriation shall be increased by more than 3 percent

20 by any such transfer: Provided, That the Appropriations

21 Committees of both Houses of Congress are notified at

22 least 15 days in advance of any transfer.

23 SEC. 207. The Director of the National Institutes of

24 Health, jointly with the Director of the Office of AIDS

25 Research, may transfer up to 3 percent among institutes,

26 centers, and divisions from the total amounts identified
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1 by these two Directors as funding for research pertaining

2 to the human immunodeficiency virus: Provided, That the

3 Congress is promptly notified of the transfer.

4 SEC. 208. Of the amounts made available in this Act

5 for the National Institutes of Health, the amount for re6 search related to the human immunodeficiency virus, as

7 jointly determined by the Director of the National Insti8 tutes of Health and the Director of the Office of AIDS

9 Research, shall be made available to the ‘‘Office of AIDS

10 Research’’ account. The Director of the Office of AIDS

11 Research shall transfer from such account amounts nec12 essary to carry out section 2353(d)(3) of the Public

13 Health Service Act.

14 SEC. 209. None of the funds appropriated in this Act

15 may be made available to any entity under title X of the

16 Public Health Service Act unless the applicant for the

17 award certifies to the Secretary that it encourages family

18 participation in the decision of minors to seek family plan19 ning services and that it provides counseling to minors on

20 how to resist attempts to coerce minors into engaging in

21 sexual activities.

22 SEC. 210. None of the funds appropriated by this Act

23 (including funds appropriated to any trust fund) may be

24 used to carry out the Medicare+Choice program if the

25 Secretary denies participation in such program to an oth-
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1 erwise eligible entity (including a Provider Sponsored Or2 ganization) because the entity informs the Secretary that

3 it will not provide, pay for, provide coverage of, or provide

4 referrals for abortions: Provided, That the Secretary shall

5 make appropriate prospective adjustments to the capita6 tion payment to such an entity (based on an actuarially

7 sound estimate of the expected costs of providing the serv8 ice to such entity’s enrollees): Provided further, That noth9 ing in this section shall be construed to change the Medi10 care program’s coverage for such services and a

11 Medicare+Choice organization described in this section

12 shall be responsible for informing enrollees where to obtain

13 information about all Medicare covered services.

14 SEC. 211. Notwithstanding any other provision of

15 law, no provider of services under title X of the Public

16 Health Service Act shall be exempt from any State law

17 requiring notification or the reporting of child abuse, child

18 molestation, sexual abuse, rape, or incest.

19 SEC. 212. The Foreign Operations, Export Financ20 ing, and Related Programs Appropriations Act, 1990

21 (Public Law 101–167) is amended—

22 (1) in section 599D (8 U.S.C. 1157 note)—

23 (A) in subsection (b)(3), by striking

24 ‘‘1997, 1998, 1999, and 2000’’ and inserting

25 ‘‘1997, 1998, 1999, 2000, and 2001’’; and
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1 (B) in subsection (e), by striking ‘‘October

2 1, 2000’’ each place it appears and inserting

3 ‘‘October 1, 2001’’; and

4 (2) in section 599E (8 U.S.C. 1255 note) in

5 subsection (b)(2), by striking ‘‘September 30, 2000’’

6 and inserting ‘‘September 30, 2001’’.

7 SEC. 213. None of the funds provided in this Act or

8 in any other Act making appropriations for fiscal year

9 2001 may be used to administer or implement in Arizona

10 or in the Kansas City, Missouri or in the Kansas City,

11 Kansas area the Medicare Competitive Pricing Dem12 onstration Project (operated by the Secretary of Health

13 and Human Services).

14 SEC. 214. (a) Except as provided by subsection (e)

15 none of the funds appropriated by this Act may be used

16 to withhold substance abuse funding from a State pursu17 ant to section 1926 of the Public Health Service Act (42

18 U.S.C. 300x–26) if such State certifies to the Secretary

19 of Health and Human Services by March 1, 2001 that

20 the State will commit additional State funds, in accord21 ance with subsection (b), to ensure compliance with State

22 laws prohibiting the sale of tobacco products to individuals

23 under 18 years of age.

24 (b) The amount of funds to be committed by a State

25 under subsection (a) shall be equal to 1 percent of such
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1 State’s substance abuse block grant allocation for each

2 percentage point by which the State misses the retailer

3 compliance rate goal established by the Secretary of

4 Health and Human Services under section 1926 of such

5 Act.

6 (c) The State is to maintain State expenditures in

7 fiscal year 2001 for tobacco prevention programs and for

8 compliance activities at a level that is not less than the

9 level of such expenditures maintained by the State for fis10 cal year 2000, and adding to that level the additional

11 funds for tobacco compliance activities required under

12 subsection (a). The State is to submit a report to the Sec13 retary on all fiscal year 2000 State expenditures and all

14 fiscal year 2001 obligations for tobacco prevention and

15 compliance activities by program activity by July 31,

16 2001.

17 (d) The Secretary shall exercise discretion in enforc18 ing the timing of the State obligation of the additional

19 funds required by the certification described in subsection

20 (a) as late as July 31, 2001.

21 (e) None of the funds appropriated by this Act may

22 be used to withhold substance abuse funding pursuant to

23 section 1926 from a territory that receives less than

24 $1,000,000.
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1 SEC. 215. Section 448 of the Public Health Service

2 Act (42 U.S.C. 285g) is amended by inserting

3 ‘‘gynecologic health,’’ after ‘‘with respect to’’.

4 SEC. 216. None of the funds appropriated under this

5 Act shall be expended by the National Institutes of Health

6 on a contract for the care of the 288 chimpanzees acquired

7 by the National Institutes of Health from the Coulston

8 Foundation, unless the contractor is accredited by the As9 sociation for the Assessment and Accreditation of Labora10 tory Animal Care International or has a Public Health

11 Services assurance, and has not been charged multiple

12 times with egregious violations of the Animal Welfare Act:

13 Provided, That the requirements of section 481(A)(e)(1)

14 shall not apply to funds awarded to nonhuman primate

15 research facilities of special interest to NIH.

16 SEC. 217. No grants may be awarded under the first

17 paragraph under the heading ‘‘Department of Health and

18 Human Services, Health Resources and Services Adminis19 tration, Health Resources and Services’’ in chapter 4 of

20 title II of the Emergency Supplemental Act, 2000 (Public

21 Law 106–246, division B) until March 1, 2001.

22 SEC. 218. (a) The second sentence of section 5948(d)

23 of title 5, United States Code, is amended to read as fol24 lows: ‘‘No agreement shall be entered into under this sec25 tion later than September 30, 2005, nor shall any agree-
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1 ment cover a period of service extending beyond Sep2 tember 30, 2007.’’.

3 (b) Section 3 of the Federal Physicians Comparability

4 Allowance Act of 1978 (5 U.S.C. 5948 note) is amended

5 by striking ‘‘September 30, 2002’’ and inserting ‘‘Sep6 tember 30, 2007’’.

7 SEC. 219. (a) Congress makes the following findings:

8 (1) Organ procurement organizations play an

9 important role in the effort to increase organ dona10 tion in the United States.

11 (2) The current process for the certification and

12 recertification of organ procurement organizations

13 conducted by the Department of Health and Human

14 Services has created a level of uncertainty that is

15 interfering with the effectiveness of organ procure16 ment organizations in raising the level of organ do17 nation.

18 (3) The General Accounting Office, the Insti19 tute of Medicine, and the Harvard School of Public

20 Health have identified substantial limitations in the

21 organ procurement organization certification and re22 certification process and have recommended changes

23 in that process.

24 (4) The limitations in the recertification process

25 include:
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1 (A) An exclusive reliance on population2 based measures of performance that do not ac3 count for the potential in the population for

4 organ donation and do not permit consideration

5 of other outcome and process standards that

6 would more accurately reflect the relative capa7 bility and performance of each organ procure8 ment organization.

9 (B) A lack of due process to appeal to the

10 Secretary of Health and Human Services for

11 recertification on either substantive or proce12 dural grounds.

13 (5) The Secretary of Health and Human Serv14 ices has the authority under section 1138(b)(1)(A)(i)

15 of the Social Security Act (42 U.S.C. 1320b–

16 8(b)(1)(A)(i)) to extend the period for recertification

17 of an organ procurement organization from 2 to 4

18 years on the basis of its past practices in order to

19 avoid the inappropriate disruption of the nation’s

20 organ system.

21 (6) The Secretary of Health and Human Serv22 ices can use the extended period described in para23 graph (5) for recertification of all organ procure24 ment organizations to—
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1 (A) develop improved performance meas2 ures that would reflect organ donor potential

3 and interim outcomes, and to test these meas4 ures to ensure that they accurately measure

5 performance differences among the organ pro6 curement organizations; and

7 (B) improve the overall certification proc8 ess by incorporating process as well as outcome

9 performance measures, and developing equitable

10 processes for appeals.

11 (b) Section 371(b)(1) of the Public Health Service

12 Act (42 U.S.C. 273(b)(1)) is amended—

13 (1) by redesignating subparagraphs (D)

14 through (G) as subparagraphs (E) through (H), re15 spectively;

16 (2) by realigning the margin of subparagraph

17 (F) (as so redesignated) so as to align with subpara18 graph (E) (as so redesignated); and

19 (3) by inserting after subparagraph (C) the fol20 lowing:

21 ‘‘(D) notwithstanding any other provision of

22 law, has met the other requirements of this section

23 and has been certified or recertified by the Secretary

24 within the previous 4-year period as meeting the

25 performance standards to be a qualified organ pro-
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1 curement organization through a process that

2 either—

3 ‘‘(i) granted certification or recertification

4 within such 4-year period with such certification

5 or recertification in effect as of January 1,

6 2000, and remaining in effect through the ear7 lier of—

8 ‘‘(I) January 1, 2002; or

9 ‘‘(II) the completion of recertification

10 under the requirements of clause (ii); or

11 ‘‘(ii) is defined through regulations that

12 are promulgated by the Secretary by not later

13 than January 1, 2002, that—

14 ‘‘(I) require recertifications of quali15 fied organ procurement organizations not

16 more frequently than once every 4 years;

17 ‘‘(II) rely on outcome and process per18 formance measures that are based on em19 pirical evidence, obtained through reason20 able efforts, of organ donor potential and

21 other related factors in each service area of

22 qualified organ procurement organizations;

23 ‘‘(III) use multiple outcome measures

24 as part of the certification process; and
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1 ‘‘(IV) provide for a qualified organ

2 procurement organization to appeal a de3 certification to the Secretary on sub4 stantive and procedural grounds;’’.

5 SEC. 220. (a) In order for the Centers for Disease

6 Control and Prevention to carry out international HIV/

7 AIDS and other infectious disease, chronic and environ8 mental disease, and other health activities abroad during

9 fiscal year 2001, the Secretary of Health and Human

10 Services is authorized to—

11 (1) utilize the authorities contained in sub12 section 2(c) of the State Department Basic Authori13 ties Act of 1956, as amended, subject to the limita14 tions set forth in subsection (b), and

15 (2) enter into reimbursable agreements with the

16 Department of State using any funds appropriated

17 to the Department of Health and Human Services,

18 for the purposes for which the funds were appro19 priated in accordance with authority granted to the

20 Secretary of Health and Human Services or under

21 authority governing the activities of the Department

22 of State.

23 (b) In exercising the authority set forth in subsection

24 (a)(1), the Secretary of Health and Human Services—
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1 (1) shall not award contracts for performance

2 of an inherently governmental function; and

3 (2) shall follow otherwise applicable Federal

4 procurement laws and regulations to the maximum

5 extent practicable.

6 SEC. 221. Notwithstanding any other provision of

7 law, the Director, National Institutes of Health, may enter

8 into and administer a long-term lease for facilities for the

9 purpose of providing laboratory, office and other space for

10 biomedical and behavioral research at the Bayview Cam11 pus in Baltimore, Maryland: Provided, That the House

12 and Senate Appropriations Committees will be notified of

13 the terms and conditions of the lease upon its execution.

14 SEC. 222. Of the funds appropriated in this Act for

15 the National Institutes of Health, $5,800,000 shall be

16 transferred to the Office of the Secretary, General Depart17 mental Management to support the newly established Of18 fice for Human Research Protections.

19 SEC. 223. Section 487E(a)(1) of the Public Health

20 Service Act is amended by striking ‘‘as employees of the

21 National Institutes of Health’’.

22 SEC. 224. Notwithstanding any other provision of law

23 relating to vacancies in offices for which appointments

24 must be made by the President, including any time limita25 tion on serving in an acting capacity, the Acting Director
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1 of the National Institutes of Health as of January 12,

2 2000, may serve in that position until a new Director of

3 the National Institutes of Health is confirmed by the Sen4 ate.

5 SEC. 225. The National Neuroscience Research Cen6 ter to be constructed on the National Institutes of Health

7 Bethesda campus is hereby named the John Edward Por8 ter Neuroscience Research Center.

9 This title may be cited as the ‘‘Department of Health

10 and Human Services Appropriations Act, 2001’’.

11 TITLE III—DEPARTMENT OF EDUCATION

12 EDUCATION REFORM

13 For carrying out activities authorized by title IV of

14 the Goals 2000: Educate America Act as in effect prior

15 to September 30, 2000, and sections 3122, 3132, 3136,

16 and 3141, parts B, C, and D of title III, and section

17 10105 and part I of title X of the Elementary and Sec18 ondary Education Act of 1965, $1,880,710,000, of which

19 $38,000,000 shall be for the Goals 2000: Educate Amer20 ica Act, and of which $191,950,000 shall be for section

21 3122: Provided, That up to one-half of 1 percent of the

22 amount available under section 3132 shall be set aside for

23 the outlying areas, to be distributed on the basis of their

24 relative need as determined by the Secretary in accordance

25 with the purposes of the program: Provided further, That
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1 if any State educational agency does not apply for a grant

2 under section 3132, that State’s allotment under section

3 3131 shall be reserved by the Secretary for grants to local

4 educational agencies in that State that apply directly to

5 the Secretary according to the terms and conditions pub6 lished by the Secretary in the Federal Register: Provided

7 further, That with respect to all funds appropriated to

8 carry out section 10901 et seq. in this Act, the Secretary

9 shall strongly encourage applications for grants that are

10 to be submitted jointly by a local educational agency (or

11 a consortium of local educational agencies) and a commu12 nity-based organization that has experience in providing

13 before- and after-school services and all applications sub14 mitted to the Secretary shall contain evidence that the

15 project contains elements that are designed to assist stu16 dents in meeting or exceeding State and local standards

17 in core academic subjects, as appropriate to the needs of

18 participating children: Provided further, That

19 $125,000,000, which shall become available on July 1,

20 2001, and remain available through September 30, 2002,

21 shall be available to support activities under section 10105

22 of part A of title X of the Elementary and Secondary Edu23 cation Act of 1965, of which up to 6 percent shall become

24 available October 1, 2000, and be available for evaluation,

25 technical assistance, school networking, peer review of ap-
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1 plications, and program outreach activities: Provided fur2 ther, That funds made available to local educational agen3 cies under this section shall be used only for activities re4 lated to establishing smaller learning communities in high

5 schools: Provided further, That $46,328,000 of the funds

6 available to carry out section 3136 of the Elementary and

7 Secondary Education Act of 1965, $8,768,000 of the

8 funds available to carry out part B of title III of that Act

9 and $20,614,000 of the funds available to carry out part

10 I of title X of that Act shall be available for the projects

11 and in the amounts specified in the statement of the man12 agers on the conference report accompanying this Act.

13 EDUCATION FOR THE DISADVANTAGED

14 For carrying out title I of the Elementary and Sec15 ondary Education Act of 1965, and section 418A of the

16 Higher Education Act of 1965, $9,532,621,000, of which

17 $2,731,921,000 shall become available on July 1, 2001,

18 and shall remain available through September 30, 2002,

19 and of which $6,758,300,000 shall become available on

20 October 1, 2001 and shall remain available through Sep21 tember 30, 2002, for academic year 2001–2002: Provided,

22 That $7,332,721,000 shall be available for basic grants

23 under section 1124: Provided further, That $225,000,000

24 of these funds shall be allocated among the States in the

25 same proportion as funds are allocated among the States

26 under section 1122, to carry out section 1116(c): Provided
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1 further, That 100 percent of these funds shall be allocated

2 by States to local educational agencies for the purposes

3 of carrying out section 1116(c): Provided further, That all

4 local educational agencies receiving an allocation under

5 the preceding proviso, and all other local educational agen6 cies that are within a State that receives funds under part

7 A of title I of the Elementary and Secondary Education

8 Act of 1965 (other than a local educational agency within

9 a State receiving a minimum grant under section 1124(d)

10 or 1124A(a)(1)(B) of such Act), shall provide all students

11 enrolled in a school identified under section 1116(c) with

12 the option to transfer to another public school within the

13 local educational agency, including a public charter school,

14 that has not been identified for school improvement under

15 section 1116(c), unless such option to transfer is prohib16 ited by State law, or local law, which includes school

17 board-approved local educational agency policy: Provided

18 further, That if the local educational agency demonstrates

19 to the satisfaction of the State educational agency that

20 the local educational agency lacks the capacity to provide

21 all students with the option to transfer to another public

22 school, and after giving notice to the parents of children

23 affected that it is not possible, consistent with State and

24 local law, to accommodate the transfer request of every

25 student, the local educational agency shall permit as many
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•HR 5656 IH

1 students as possible (who shall be selected by the local

2 educational agency on an equitable basis) to transfer to

3 a public school that has not been identified for school im4 provement under section 1116(c): Provided further, That

5 up to $3,500,000 of these funds shall be available to the

6 Secretary on October 1, 2000, to obtain updated local edu7 cational agency level census poverty data from the Bureau

8 of the Census: Provided further, That $1,364,000,000

9 shall be available for concentration grants under section

10 1124A: Provided further, That grant awards under sec11 tions 1124 and 1124A of title I of the Elementary and

12 Secondary Education Act of 1965 shall be not less than

13 the greater of 100 percent of the amount each State and

14 local educational agency received under this authority for

15 fiscal year 2000 or the amount such State and local edu16 cational agency would receive if $6,883,503,000 for Basic

17 Grants and $1,222,397,000 for Concentration Grants

18 were allocated in accordance with section 1122(c)(3) of

19 title I: Provided further, That notwithstanding any other

20 provision of law, grant awards under section 1124A of

21 title I of the Elementary and Secondary Education Act

22 of 1965 shall be made to those local educational agencies

23 that received a Concentration Grant under the Depart24 ment of Education Appropriations Act, 2000, but are not

25 eligible to receive such a grant for fiscal year 2001: Pro-
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•HR 5656 IH

1 vided further, That the Secretary shall not take into ac2 count the hold harmless provisions in this section in deter3 mining State allocations under any other program admin4 istered by the Secretary in any fiscal year: Provided fur5 ther, That $8,900,000 shall be available for evaluations

6 under section 1501 and not more than $8,500,000 shall

7 be reserved for section 1308, of which not more than

8 $3,000,000 shall be reserved for section 1308(d): Provided

9 further, That $210,000,000 shall be available under sec10 tion 1002(g)(2) to demonstrate effective approaches to

11 comprehensive school reform to be allocated and expended

12 in accordance with the instructions relating to this activity

13 in the statement of the managers on the conference report

14 accompanying Public Law 105–78 and in the statement

15 of the managers on the conference report accompanying

16 Public Law 105–277: Provided further, That in carrying

17 out this initiative, the Secretary and the States shall sup18 port only approaches that show the most promise of ena19 bling children served by title I to meet challenging State

20 content standards and challenging State student perform21 ance standards based on reliable research and effective

22 practices, and include an emphasis on basic academics and

23 parental involvement.

24 IMPACT AID

25 For carrying out programs of financial assistance to

26 federally affected schools authorized by title VIII of the
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•HR 5656 IH

1 Elementary and Secondary Education Act of 1965,

2 $993,302,000, of which $882,000,000 shall be for basic

3 support payments under section 8003(b), $50,000,000

4 shall be for payments for children with disabilities under

5 section 8003(d), $12,802,000 shall be for construction

6 under section 8007, $40,500,000 shall be for Federal

7 property payments under section 8002, and $8,000,000,

8 to remain available until expended, shall be for facilities

9 maintenance under section 8008: Provided, That

10 $6,802,000 of the funds for section 8007 shall be available

11 for the local educational agencies and in the amounts spec12 ified in the statement of the managers on the conference

13 report accompanying this Act: Provided further, That from

14 the amount appropriated for section 8002, the Secretary

15 shall treat as timely filed, and shall process for payment,

16 an application for a fiscal year 1999 payment from Acad17 emy School District 20, Colorado, under that section if

18 the Secretary has received that application not later than

19 30 days after the enactment of this Act: Provided further,

20 That the Secretary of Education shall consider the local

21 educational agency serving the Kadoka School District,

22 35–1, in South Dakota, eligible for payments under sec23 tion 8002 for fiscal year 2001 and each succeeding fiscal

24 year, with respect to land in Washabaugh and Jackson

25 Counties, South Dakota, that is owned by the Department
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•HR 5656 IH

1 of Defense and used as a bombing range: Provided further,

2 That from the amount appropriated for section 8002, the

3 Secretary shall first increase the payment of any local edu4 cational agency that was denied funding or had its pay5 ment reduced under that section for fiscal year 1998 due

6 to section 8002(b)(1)(C) to the amount that would have

7 been made without the limitation of that section: Provided

8 further, That from the amount appropriated for section

9 8002, $500,000 shall be for subsection 8002( j).

10 SCHOOL IMPROVEMENT PROGRAMS

11 For carrying out school improvement activities au12 thorized by titles II, IV, V–A and B, VI, IX, X, and XIII

13 of the Elementary and Secondary Education Act of 1965

14 (‘‘ESEA’’); the McKinney-Vento Homeless Assistance

15 Act; and the Civil Rights Act of 1964 and part B of title

16 VIII of the Higher Education Amendments of 1998;

17 $4,872,084,000, of which $2,403,750,000 shall become

18 available on July 1, 2001, and remain available through

19 September 30, 2002, and of which $1,765,000,000 shall

20 become available on October 1, 2001 and shall remain

21 available through September 30, 2002 for academic year

22 2001–2002: Provided, That $485,000,000 shall be avail23 able for Eisenhower professional development State grants

24 under part B of title II of the Elementary and Secondary

25 Education Act of 1965: Provided further, That each local

26 educational agency shall use funds in excess of the alloca-
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•HR 5656 IH

1 tion it received under such part for the preceding fiscal

2 year to improve teacher quality by reducing the percentage

3 of teachers who do not have State certification or are cer4 tified through emergency or provisional means; are teach5 ing out of field in some or all of the subject areas and

6 grade levels in which they teach; or who lack sufficient

7 content knowledge to teach effectively in the areas they

8 teach to obtain that knowledge: Provided further, That the

9 local educational agency may also use such excess funds

10 for: activities authorized under section 2210 of the Ele11 mentary and Secondary Education Act of 1965; mentoring

12 programs for new teachers; providing opportunities for

13 teachers to attend multi-week institutes, such as those

14 provided in the summer months, that provide intensive

15 professional development in partnership with local edu16 cational agencies; and carrying out initiatives to promote

17 the retention of highly qualified teachers who have a

18 record of success in helping low-achieving students im19 prove their academic success: Provided further, That each

20 State educational agency may use such excess funds to

21 carry out activities under section 2207 of the Elementary

22 and Secondary Education Act of 1965: Provided further,

23 That each State agency for higher education may use such

24 excess funds to carry out activities under section 2211 of

25 the Elementary and Secondary Education Act of 1965:
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•HR 5656 IH

1 Provided further, That both State educational agencies

2 and State agencies for higher education may also use such

3 excess funds for multi-week institutes, such as those pro4 vided in the summer months, that provide intensive profes5 sional development in partnership with local educational

6 agencies; and grants to partnerships of such entities as

7 local educational agencies, institutions of higher edu8 cation, and private business, to recruit, and prepare, and

9 provide professional development to, and help retain,

10 school principals and superintendents, especially for such

11 individuals who serve, or are preparing to serve, in high12 poverty, low-performing schools and local educational

13 agencies: Provided further, That such activities may be un14 dertaken in consortium with other States: Provided fur15 ther, That of the funds appropriated for part B of title

16 II of the Elementary and Secondary Education Act of

17 1965, $45,000,000 shall be available to States and allo18 cated in accordance with section 2202(b) of that Act (ex19 cept that the requirements of section 2203 shall not

20 apply): Provided further, That notwithstanding any other

21 provision of law, each State shall use the amount made

22 available under the preceding proviso to support efforts

23 to meet the requirements for State eligibility for the Ed24 Flex Partnership Act of 1999 or the requirements under

25 section 1111 of title I of the Elementary and Secondary
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•HR 5656 IH

1 Education Act of 1965: Provided further, That

2 $44,000,000 shall be available for national activities under

3 section 2102 of the Elementary and Secondary Education

4 Act of 1965: Provided further, That of the amount avail5 able in the preceding proviso, $3,000,000 shall be made

6 available to the Secretary for the Troops-to-Teachers Pro7 gram for transfer to the Defense Activity for Non-Tradi8 tional Education Support of the Department of Defense:

9 Provided further, That the funds transferred under the

10 preceding proviso shall be used by the Secretary of De11 fense to administer the Troops-to-Teachers Program, in12 cluding the selection of participants in the Program under

13 the Troops-to-Teachers Program Act of 1999 (title XVII

14 of Public Law 106–65; 20 U.S.C. 9301 et seq.): Provided

15 further, That for purposes of sections 1702(b) and (c) of

16 the Troops-to-Teachers Program Act of 1999, the Sec17 retary of Education shall be the administering Secretary

18 and may, at the Secretary’s discretion, carry out the ac19 tivities under section 1702(c) of that Act and retain a por20 tion of the funds made available for the Troops-to-Teach21 ers Program to carry out section 1702(b) and (c) of that

22 Act: Provided further, That of the amount made available

23 under this heading for national activities under section

24 2102 of the Elementary and Secondary Education Act of

25 1965, the Secretary is authorized to use a portion of such
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•HR 5656 IH

1 funds to carry out activities to improve the knowledge and

2 skills of early childhood educators and caregivers who

3 work in urban or rural communities with high concentra4 tions of young children living in poverty: Provided further,

5 That of the amount appropriated, $3,208,000,000 shall

6 be for title VI of the Elementary and Secondary Education

7 Act of 1965 and to carry out activities under part B of

8 the Individuals with Disabilities Education Act (20 U.S.C.

9 1411 et seq.): Provided further, That of the amount made

10 available for title VI, $1,623,000,000 shall be available,

11 notwithstanding any other provision of law, in accordance

12 with section 306 of this Act in order to reduce class size,

13 particularly in the early grades, using highly qualified

14 teachers to improve educational achievement for regular

15 and special needs children: Provided further, That of the

16 amount made available for title VI, $1,200,000,000 shall

17 be available, notwithstanding any other provision of law,

18 for grants for school repair and renovation, activities

19 under part B of the Individuals with Disabilities Edu20 cation Act (20 U.S.C. 1411 et seq.), and technology activi21 ties, in accordance with section 321 of this Act: Provided

22 further, That funds made available under this heading to

23 carry out section 6301(b) of the Elementary and Sec24 ondary Education Act of 1965 shall be available for edu25 cation reform projects that provide same gender schools
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1 and classrooms, consistent with applicable law: Provided

2 further, That of the amount made available to carry out

3 activities authorized under part C of title IX of the Ele4 mentary and Secondary Education Act of 1965,

5 $1,000,000 shall be for the Alaska Humanities Forum for

6 operation of the Rose student exchange program and

7 $1,000,000 shall be for the Alaska Native Heritage Center

8 to support its program of cultural education activities:

9 Provided further, That of the amount made available for

10 subpart 2 of part A of title IV of the Elementary and

11 Secondary Education Act of 1965, $10,000,000, to remain

12 available until expended, shall be for Project School Emer13 gency Response to Violence to provide education-related

14 services to local educational agencies in which the learning

15 environment has been disrupted due to a violent or trau16 matic crisis.

17 READING EXCELLENCE

18 For necessary expenses to carry out the Reading Ex19 cellence Act, $91,000,000, which shall become available on

20 July 1, 2001 and shall remain available through Sep21 tember 30, 2002 and $195,000,000 which shall become

22 available on October 1, 2001 and remain available through

23 September 30, 2002.

24 INDIAN EDUCATION

25 For expenses necessary to carry out, to the extent

26 not otherwise provided, title IX, part A of the Elementary
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1 and Secondary Education Act of 1965, as amended,

2 $115,500,000.

3 BILINGUAL AND IMMIGRANT EDUCATION

4 For carrying out, to the extent not otherwise pro5 vided, bilingual, foreign language and immigrant edu6 cation activities authorized by parts A and C and section

7 7203 of title VII of the Elementary and Secondary Edu8 cation Act of 1965, $460,000,000: Provided, That State

9 educational agencies may use all, or any part of, their part

10 C allocation for competitive grants to local educational

11 agencies.

12 SPECIAL EDUCATION

13 For carrying out the Individuals with Disabilities

14 Education Act, $7,439,948,000, of which $2,090,452,000

15 shall become available for obligation on July 1, 2001, and

16 shall remain available through September 30, 2002, and

17 of which $5,072,000,000 shall become available on Octo18 ber 1, 2001 and shall remain available through September

19 30, 2002, for academic year 2001–2002: Provided, That

20 $9,500,000 shall be for Recording for the Blind and

21 Dyslexic to support the development, production, and cir22 culation of recorded educational materials: Provided fur23 ther, That $1,500,000 shall be for the recipient of funds

24 provided by Public Law 105–78 under section

25 687(b)(2)(G) of the Act to provide information on diag26 nosis, intervention, and teaching strategies for children
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1 with disabilities: Provided further, That $7,353,000 of the

2 funds for section 672 of the Act shall be available for the

3 projects and in the amounts specified in the statement of

4 the managers on the conference report accompanying this

5 Act.

6 REHABILITATION SERVICES AND DISABILITY RESEARCH

7 For carrying out, to the extent not otherwise pro8 vided, the Rehabilitation Act of 1973, the Assistive Tech9 nology Act of 1998, and the Helen Keller National Center

10 Act, $2,805,339,000: Provided, That the funds provided

11 for title I of the Assistive Technology Act of 1998 (‘‘the

12 AT Act’’) shall be allocated notwithstanding section

13 105(b)(1) of the AT Act: Provided further, That each

14 State shall be provided $50,000 for activities under section

15 102 of the AT Act: Provided further, That $15,000,000

16 shall be used to support grants for up to 3 years to States

17 under title III of the AT Act, of which the Federal share

18 shall not exceed 75 percent in the first year, 50 percent

19 in the second year, and 25 percent in the third year, and

20 that the requirements in section 301(c)(2) and section 302

21 of that Act shall not apply to such grants: Provided fur22 ther, That $4,600,000 of the funds for section 303 of the

23 Rehabilitation Act of 1973 shall be available for the

24 projects and in the amounts specified in the statement of

25 the managers on the conference report accompanying this

26 Act: Provided further, That $400,000 of the funds for title
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1 II of the Rehabilitation Act of 1973 shall be for the Cere2 bral Palsy Research Foundation in Wichita, Kansas for

3 the establishment of a Rehabilitation Research and Train4 ing Center to study and recommend incentives for employ5 ers to hire persons with significant disabilities.

6 SPECIAL INSTITUTIONS FOR PERSONS WITH

7 DISABILITIES

8 AMERICAN PRINTING HOUSE FOR THE BLIND

9 For carrying out the Act of March 3, 1879, as

10 amended (20 U.S.C. 101 et seq.), $12,000,000.

11 NATIONAL TECHNICAL INSTITUTE FOR THE DEAF

12 For the National Technical Institute for the Deaf

13 under titles I and II of the Education of the Deaf Act

14 of 1986 (20 U.S.C. 4301 et seq.), $53,376,000, of which

15 $5,376,000 shall be for construction and shall remain

16 available until expended: Provided, That from the total

17 amount available, the Institute may at its discretion use

18 funds for the endowment program as authorized under

19 section 207.

20 GALLAUDET UNIVERSITY

21 For the Kendall Demonstration Elementary School,

22 the Model Secondary School for the Deaf, and the partial

23 support of Gallaudet University under titles I and II of

24 the Education of the Deaf Act of 1986 (20 U.S.C. 4301

25 et seq.), $89,400,000: Provided, That from the total

26 amount available, the University may at its discretion use
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•HR 5656 IH

1 funds for the endowment program as authorized under

2 section 207.

3 VOCATIONAL AND ADULT EDUCATION

4 For carrying out, to the extent not otherwise pro5 vided, the Carl D. Perkins Vocational and Technical Edu6 cation Act, the Adult Education and Family Literacy Act,

7 and title VIII–D of the Higher Education Act of 1965,

8 as amended, and Public Law 102–73, $1,825,600,000, of

9 which $1,000,000 shall remain available until expended,

10 and of which $1,028,000,000 shall become available on

11 July 1, 2001 and shall remain available through Sep12 tember 30, 2002 and of which $791,000,000 shall become

13 available on October 1, 2001 and shall remain available

14 through September 30, 2002: Provided, That of the

15 amounts made available for the Carl D. Perkins Voca16 tional and Technical Education Act, $5,600,000 shall be

17 for tribally controlled postsecondary vocational and tech18 nical institutions under section 117: Provided further,

19 That $9,000,000 shall be for carrying out section 118 of

20 such Act: Provided further, That of the amounts made

21 available for the Carl D. Perkins Vocational and Technical

22 Education Act, $5,000,000 shall be for demonstration ac23 tivities authorized by section 207: Provided further, That

24 of the amount provided for Adult Education State Grants,

25 $70,000,000 shall be made available for integrated

26 English literacy and civics education services to immi-
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1 grants and other limited English proficient populations:

2 Provided further, That of the amount reserved for inte3 grated English literacy and civics education, notwith4 standing section 211 of the Adult Education and Family

5 Literacy Act, 65 percent shall be allocated to States based

6 on a State’s absolute need as determined by calculating

7 each State’s share of a 10-year average of the Immigration

8 and Naturalization Service data for immigrants admitted

9 for legal permanent residence for the 10 most recent

10 years, and 35 percent allocated to States that experienced

11 growth as measured by the average of the 3 most recent

12 years for which Immigration and Naturalization Service

13 data for immigrants admitted for legal permanent resi14 dence are available, except that no State shall be allocated

15 an amount less than $60,000: Provided further, That of

16 the amounts made available for the Adult Education and

17 Family Literacy Act, $14,000,000 shall be for national

18 leadership activities under section 243 and $6,500,000

19 shall be for the National Institute for Literacy under sec20 tion 242: Provided further, That $22,000,000 shall be for

21 Youth Offender Grants, of which $5,000,000 shall be used

22 in accordance with section 601 of Public Law 102–73 as

23 that section was in effect prior to the enactment of Public

24 Law 105–220.
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1 STUDENT FINANCIAL ASSISTANCE

2 For carrying out subparts 1, 3, and 4 of part A, sec3 tion 428K, part C and part E of title IV of the Higher

4 Education Act of 1965, as amended, $10,674,000,000,

5 which shall remain available through September 30, 2002.

6 The maximum Pell Grant for which a student shall

7 be eligible during award year 2001–2002 shall be $3,750:

8 Provided, That notwithstanding section 401(g) of the Act,

9 if the Secretary determines, prior to publication of the

10 payment schedule for such award year, that the amount

11 included within this appropriation for Pell Grant awards

12 in such award year, and any funds available from the fis13 cal year 2000 appropriation for Pell Grant awards, are

14 insufficient to satisfy fully all such awards for which stu15 dents are eligible, as calculated under section 401(b) of

16 the Act, the amount paid for each such award shall be

17 reduced by either a fixed or variable percentage, or by a

18 fixed dollar amount, as determined in accordance with a

19 schedule of reductions established by the Secretary for this

20 purpose.

21 FEDERAL FAMILY EDUCATION LOAN PROGRAM ACCOUNT

22 For Federal administrative expenses to carry out

23 guaranteed student loans authorized by title IV, part B,

24 of the Higher Education Act of 1965, as amended,

25 $48,000,000.
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1 HIGHER EDUCATION

2 For carrying out, to the extent not otherwise pro3 vided, section 121 and titles II, III, IV, V, VI, and VII

4 of the Higher Education Act of 1965, as amended, section

5 1543 of the Higher Education Amendments of 1992 and

6 title VIII of the Higher Education Amendments of 1998,

7 and the Mutual Educational and Cultural Exchange Act

8 of 1961, $1,911,710,000, of which $10,000,000 for inter9 est subsidies authorized by section 121 of the Higher Edu10 cation Act of 1965, shall remain available until expended:

11 Provided, That $10,000,000, to remain available through

12 September 30, 2002, shall be available to fund fellowships

13 for academic year 2002–2003 under part A, subpart 1 of

14 title VII of said Act, under the terms and conditions of

15 part A, subpart 1: Provided further, That $3,000,000 is

16 for data collection and evaluation activities for programs

17 under the Higher Education Act of 1965, including such

18 activities needed to comply with the Government Perform19 ance and Results Act of 1993: Provided further, That

20 $15,000,000 shall be available for tribally controlled col21 leges and universities under section 316 of the Higher

22 Education Act of 1965, of which $5,000,000 shall be used

23 for construction and renovation: Provided further, That

24 $250,000 shall be for the Web-Based Education Commis25 sion to continue activities authorized under part J of title
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1 VIII of the Higher Education Amendments of 1998: Pro2 vided further, That $115,487,000 of the funds for part

3 B of title VII of the Higher Education Act of 1965 shall

4 be available for the projects and in the amounts specified

5 in the statement of the managers on the conference report

6 accompanying this Act.

7 HOWARD UNIVERSITY

8 For partial support of Howard University (20 U.S.C.

9 121 et seq.), $232,474,000, of which not less than

10 $3,600,000 shall be for a matching endowment grant pur11 suant to the Howard University Endowment Act (Public

12 Law 98–480) and shall remain available until expended.

13 COLLEGE HOUSING AND ACADEMIC FACILITIES LOANS

14 PROGRAM

15 For Federal administrative expenses authorized

16 under section 121 of the Higher Education Act of 1965,

17 $762,000 to carry out activities related to existing facility

18 loans entered into under the Higher Education Act of

19 1965.

20 HISTORICALLY BLACK COLLEGE AND UNIVERSITY

21 CAPITAL FINANCING PROGRAM ACCOUNT

22 The total amount of bonds insured pursuant to sec23 tion 344 of title III, part D of the Higher Education Act

24 of 1965 shall not exceed $357,000,000, and the cost, as

25 defined in section 502 of the Congressional Budget Act

26 of 1974, of such bonds shall not exceed zero.
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1 For administrative expenses to carry out the Histori2 cally Black College and University Capital Financing Pro3 gram entered into pursuant to title III, part D of the

4 Higher Education Act of 1965, as amended, $208,000.

5 EDUCATION RESEARCH, STATISTICS, AND IMPROVEMENT

6 For carrying out activities authorized by the Edu7 cational Research, Development, Dissemination, and Im8 provement Act of 1994, including part E; the National

9 Education Statistics Act of 1994, including sections 411

10 and 412; section 2102 of title II, parts A, B, K, and L

11 and sections 10102 and 10601 of title X, and part C of

12 title XIII of the Elementary and Secondary Education Act

13 of 1965, as amended, and title VI of Public Law 103–

14 227, $732,721,000: Provided, That of the funds appro15 priated for part A of title X of the Elementary and Sec16 ondary Education Act of 1965, as amended, $5,000,000

17 shall be made available for a high school reform program

18 of grants to State educational agencies to improve aca19 demic performance and provide technical skills training:

20 Provided further, That of the funds appropriated for part

21 A of title X of the Elementary and Secondary Education

22 Act of 1965, as amended, $5,000,000 shall be made avail23 able to carry out part L of title X of the Act: Provided

24 further, That of the amount available for part A of title

25 X of the Elementary and Secondary Education Act of

26 1965, as amended, $5,000,000 shall be available for
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1 grants to State and local educational agencies, in collabo2 ration with other agencies and organizations, for school

3 dropout prevention programs designed to address the

4 needs of populations or communities with the highest

5 dropout rates: Provided further, That of the amount made

6 available for part A of title X of the Elementary and Sec7 ondary Education Act of 1965, as amended, $50,000,000

8 shall be made available to enable the Secretary of Edu9 cation to award grants to develop, implement, and

10 strengthen programs to teach American history (not social

11 studies) as a separate subject within school curricula: Pro12 vided further, That $53,000,000 of the amount available

13 for the national education research institutes shall be allo14 cated notwithstanding section 912(m)(1)(B–F) and sub15 paragraphs (B) and (C) of section 931(c)(2) of Public

16 Law 103–227 and $20,000,000 of that $53,000,000 shall

17 be made available for the Interagency Education Research

18 Initiative: Provided further, That of the funds appro19 priated for part A of title X of the Elementary and Sec20 ondary Education Act, as amended, $50,000,000 shall be

21 available to demonstrate effective approaches to com22 prehensive school reform, to be allocated and expended in

23 accordance with the instructions relating to this activity

24 in the statement of managers on the conference report ac25 companying Public Law 105–78 and in the statement of
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•HR 5656 IH

1 the managers on the conference report accompanying Pub2 lic Law 105–277: Provided further, That the funds made

3 available for comprehensive school reform shall become

4 available on July 1, 2001, and remain available through

5 September 30, 2002, and in carrying out this initiative,

6 the Secretary and the States shall support only ap7 proaches that show the most promise of enabling children

8 to meet challenging State content standards and chal9 lenging State student performance standards based on re10 liable research and effective practices, and include an em11 phasis on basic academics and parental involvement: Pro12 vided further, That $139,624,000 of the funds for section

13 10101 of the Elementary and Secondary Education Act

14 of 1965 shall be available for the projects and in the

15 amounts specified in the statement of the managers on

16 the conference report accompanying this Act: Provided

17 further, That of the funds appropriated under section

18 10601 of title X of the Elementary and Secondary Edu19 cation Act of 1965, as amended, $2,000,000 shall be used

20 to conduct a violence prevention demonstration program:

21 Provided further, That of the funds available for section

22 10601 of title X of the Elementary and Secondary Edu23 cation Act of 1965, as amended, $150,000 shall be award24 ed to the Center for Educational Technologies to complete

25 production and distribution of an effective CD–ROM prod-
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•HR 5656 IH

1 uct that would complement the ‘‘We the People: The Cit2 izen and the Constitution’’ curriculum: Provided further,

3 That, of the funds for title VI of Public Law 103–227

4 and notwithstanding the provisions of section

5 601(c)(1)(C) of that Act, $1,200,000 shall be available to

6 the Center for Civic Education to conduct a civic edu7 cation program with Northern Ireland and the Republic

8 of Ireland and, consistent with the civics and Government

9 activities authorized in section 601(c)(3) of Public Law

10 103–227, to provide civic education assistance to democ11 racies in developing countries. The term ‘‘developing coun12 tries’’ shall have the same meaning as the term ‘‘devel13 oping country’’ in the Education for the Deaf Act.

14 DEPARTMENTAL MANAGEMENT

15 PROGRAM ADMINISTRATION

16 For carrying out, to the extent not otherwise pro17 vided, the Department of Education Organization Act, in18 cluding rental of conference rooms in the District of Co19 lumbia and hire of two passenger motor vehicles,

20 $413,184,000.

21 OFFICE FOR CIVIL RIGHTS

22 For expenses necessary for the Office for Civil

23 Rights, as authorized by section 203 of the Department

24 of Education Organization Act, $76,000,000.
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1 OFFICE OF THE INSPECTOR GENERAL

2 For expenses necessary for the Office of the Inspector

3 General, as authorized by section 212 of the Department

4 of Education Organization Act, $36,500,000.

5 GENERAL PROVISIONS

6 SEC. 301. No funds appropriated in this Act may be

7 used for the transportation of students or teachers (or for

8 the purchase of equipment for such transportation) in

9 order to overcome racial imbalance in any school or school

10 system, or for the transportation of students or teachers

11 (or for the purchase of equipment for such transportation)

12 in order to carry out a plan of racial desegregation of any

13 school or school system.

14 SEC. 302. None of the funds contained in this Act

15 shall be used to require, directly or indirectly, the trans16 portation of any student to a school other than the school

17 which is nearest the student’s home, except for a student

18 requiring special education, to the school offering such

19 special education, in order to comply with title VI of the

20 Civil Rights Act of 1964. For the purpose of this section

21 an indirect requirement of transportation of students in22 cludes the transportation of students to carry out a plan

23 involving the reorganization of the grade structure of

24 schools, the pairing of schools, or the clustering of schools,

25 or any combination of grade restructuring, pairing or clus-
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1 tering. The prohibition described in this section does not

2 include the establishment of magnet schools.

3 SEC. 303. No funds appropriated under this Act may

4 be used to prevent the implementation of programs of vol5 untary prayer and meditation in the public schools.

6 (TRANSFER OF FUNDS)

7 SEC. 304. Not to exceed 1 percent of any discre8 tionary funds (pursuant to the Balanced Budget and

9 Emergency Deficit Control Act of 1985, as amended)

10 which are appropriated for the Department of Education

11 in this Act may be transferred between appropriations, but

12 no such appropriation shall be increased by more than 3

13 percent by any such transfer: Provided, That the Appro14 priations Committees of both Houses of Congress are noti15 fied at least 15 days in advance of any transfer.

16 SEC. 305. The Comptroller General of the United

17 States shall evaluate the extent to which funds made avail18 able under part A of title I of the Elementary and Sec19 ondary Education Act of 1965 are allocated to schools and

20 local educational agencies with the greatest concentrations

21 of school-age children from low-income families, the extent

22 to which allocations of such funds adjust to shifts in con23 centrations of pupils from low-income families in different

24 regions, States, and substate areas, the extent to which

25 the allocation of such funds encourages the targeting of

26 State funds to areas with higher concentrations of children
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1 from low-income families, and the implications of current

2 distribution methods for such funds, shall make formula

3 and other policy recommendations to improve the tar4 geting of such funds to more effectively serve low-income

5 children in both rural and urban areas, and shall prepare

6 interim and final reports based on the results of the study,

7 to be submitted to Congress not later than February 1,

8 2001, and April 1, 2001.

9 SEC. 306. (a) From the amount appropriated for title

10 VI of the Elementary and Secondary Education Act of

11 1965 in accordance with this section, the Secretary of

12 Education—

13 (1) shall make available a total of $6,000,000

14 to the Secretary of the Interior (on behalf of the Bu15 reau of Indian Affairs) and the outlying areas for

16 activities under this section; and

17 (2) shall allocate the remainder by providing

18 each State the same percentage of that remainder as

19 it received of the funds allocated to States under

20 section 307(a)(2) of the Department of Education

21 Appropriations Act, 1999.

22 (b)(1) Each State that receives funds under this sec23 tion shall distribute 100 percent of such funds to local

24 educational agencies, of which—
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1 (A) 80 percent of such amount shall be allo2 cated to such local educational agencies in propor3 tion to the number of children, aged 5 to 17, who

4 reside in the school district served by such local edu5 cational agency from families with incomes below the

6 poverty line (as defined by the Office of Manage7 ment and Budget and revised annually in accordance

8 with section 673(2) of the Community Services

9 Block Grant Act (42 U.S.C. 9902(2))) applicable to

10 a family of the size involved for the most recent fis11 cal year for which satisfactory data are available

12 compared to the number of such individuals who re13 side in the school districts served by all the local

14 educational agencies in the State for that fiscal year;

15 and

16 (B) 20 percent of such amount shall be allo17 cated to such local educational agencies in accord18 ance with the relative enrollments of children, aged

19 5 to 17, in public and private nonprofit elementary

20 and secondary schools within the boundaries of such

21 agencies.

22 (2) Notwithstanding paragraph (1), if the award to

23 a local educational agency under this section is less than

24 the starting salary for a new fully qualified teacher in that

25 agency, who is certified within the State (which may in-
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1 clude certification through State or local alternative

2 routes), has a baccalaureate degree, and demonstrates the

3 general knowledge, teaching skills, and subject matter

4 knowledge required to teach in his or her content areas,

5 that agency may use funds under this section to (A) help

6 pay the salary of a full- or part-time teacher hired to re7 duce class size, which may be in combination with other

8 Federal, State, or local funds; or (B) pay for activities

9 described in subsection (c)(2)(A)(iii) which may be related

10 to teaching in smaller classes.

11 (c)(1) The basic purpose and intent of this section

12 is to reduce class size with fully qualified teachers. Each

13 local educational agency that receives funds under this

14 section shall use such funds to carry out effective ap15 proaches to reducing class size with fully qualified teach16 ers who are certified within the State, including teachers

17 certified through State or local alternative routes, and who

18 demonstrate competency in the areas in which they teach,

19 to improve educational achievement for both regular and

20 special needs children, with particular consideration given

21 to reducing class size in the early elementary grades for

22 which some research has shown class size reduction is

23 most effective.

24 (2)(A) Each such local educational agency may use

25 funds under this section for—
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1 (i) recruiting (including through the use of

2 signing bonuses, and other financial incentives), hir3 ing, and training fully qualified regular and special

4 education teachers (which may include hiring special

5 education teachers to team-teach with regular teach6 ers in classrooms that contain both children with

7 disabilities and non-disabled children) and teachers

8 of special-needs children who are certified within the

9 State, including teachers certified through State or

10 local alternative routes, have a baccalaureate degree

11 and demonstrate the general knowledge, teaching

12 skills, and subject matter knowledge required to

13 teach in their content areas;

14 (ii) testing new teachers for academic content

15 knowledge and to meet State certification require16 ments that are consistent with title II of the Higher

17 Education Act of 1965; and

18 (iii) providing professional development (which

19 may include such activities as those described in sec20 tion 2210 of the Elementary and Secondary Edu21 cation Act of 1965, opportunities for teachers to at22 tend multi-week institutes, such as those made avail23 able during the summer months that provide inten24 sive professional development in partnership with

25 local educational agencies and initiatives that pro-
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1 mote retention and mentoring), to teachers, includ2 ing special education teachers and teachers of spe3 cial-needs children, in order to meet the goal of en4 suring that all instructional staff have the subject

5 matter knowledge, teaching knowledge, and teaching

6 skills necessary to teach effectively in the content

7 area or areas in which they provide instruction, con8 sistent with title II of the Higher Education Act of

9 1965.

10 (B)(i) Except as provided under clause (ii), a local

11 educational agency may use not more than a total of 25

12 percent of the award received under this section for activi13 ties described in clauses (ii) and (iii) of subparagraph (A).

14 (ii) A local educational agency in which 10 per15 cent or more of teachers in elementary schools, as

16 defined by section 14101(14) of the Elementary and

17 Secondary Education Act of 1965, have not met ap18 plicable State and local certification requirements

19 (including certification through State or local alter20 native routes), or if such requirements have been

21 waived, may use more than 25 percent of the funds

22 it receives under this section for activities described

23 in subparagraph (A)(iii) to help teachers who are

24 not certified by the State become certified, including

25 through State or local alternative routes, or to help
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1 teachers affected by class size reduction who lack

2 sufficient content knowledge to teach effectively in

3 the areas they teach to obtain that knowledge, if the

4 local educational agency notifies the State edu5 cational agency of the percentage of the funds that

6 it will use for the purpose described in this clause.

7 (C) A local educational agency that has already re8 duced class size in the early grades to 18 or less children

9 (or has already reduced class size to a State or local class

10 size reduction goal that was in effect on the day before

11 the enactment of the Department of Education Appropria12 tions Act, 2000, if that State or local educational agency

13 goal is 20 or fewer children) may use funds received under

14 this section—

15 (i) to make further class size reductions in

16 grades kindergarten through 3;

17 (ii) to reduce class size in other grades; or

18 (iii) to carry out activities to improve teacher

19 quality including professional development.

20 (D) If a local educational agency has already reduced

21 class size in the early grades to 18 or fewer children and

22 intends to use funds provided under this section to carry

23 out professional development activities, including activities

24 to improve teacher quality, then the State shall make the
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1 award under subsection (b) to the local educational agen2 cy.

3 (3) Each such agency shall use funds under this sec4 tion only to supplement, and not to supplant, State and

5 local funds that, in the absence of such funds, would oth6 erwise be spent for activities under this section.

7 (4) No funds made available under this section may

8 be used to increase the salaries or provide benefits, other

9 than participation in professional development and enrich10 ment programs, to teachers who are not hired under this

11 section. Funds under this section may be used to pay the

12 salary of teachers hired under section 307 of the Depart13 ment of Education Appropriations Act, 1999, or under

14 section 310 of the Department of Education Appropria15 tions Act, 2000.

16 (d)(1) Each State receiving funds under this section

17 shall report on activities in the State under this section,

18 consistent with section 6202(a)(2) of the Elementary and

19 Secondary Education Act of 1965.

20 (2) Each State and local educational agency receiving

21 funds under this section shall publicly report to parents

22 on its progress in reducing class size, increasing the per23 centage of classes in core academic areas taught by fully

24 qualified teachers who are certified within the State and

25 demonstrate competency in the content areas in which
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1 they teach, and on the impact that hiring additional highly

2 qualified teachers and reducing class size, has had, if any,

3 on increasing student academic achievement.

4 (3) Each school receiving funds under this section

5 shall provide to parents, upon request, the professional

6 qualifications of their child’s teacher.

7 (e) If a local educational agency uses funds made

8 available under this section for professional development

9 activities, the agency shall ensure for the equitable partici10 pation of private nonprofit elementary and secondary

11 schools in such activities. Section 6402 of the Elementary

12 and Secondary Education Act of 1965 shall not apply to

13 other activities under this section.

14 (f ) A local educational agency that receives funds

15 under this section may use not more than 3 percent of

16 such funds for local administrative costs.

17 (g) Each local educational agency that desires to re18 ceive funds under this section shall include in the applica19 tion required under section 6303 of the Elementary and

20 Secondary Education Act of 1965 a description of the

21 agency’s program to reduce class size by hiring additional

22 highly qualified teachers.

23 (h) No funds under this section may be used to pay

24 the salary of any teacher hired with funds under section

25 307 of the Department of Education Appropriations Act,
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1 1999, unless, by the start of the 2001–2002 school year,

2 the teacher is certified within the State (which may in3 clude certification through State or local alternative

4 routes) and demonstrates competency in the subject areas

5 in which he or she teaches.

6 (i) Not later than 30 days after the date of the enact7 ment of this Act, the Secretary shall provide specific noti8 fication to each local educational agency eligible to receive

9 funds under this part regarding the flexibility provided

10 under subsection (c)(2)(B)(ii) and the ability to use such

11 funds to carry out activities described in subsection

12 (c)(2)(A)(iii).

13 SEC. 307. Section 412 of the National Education

14 Statistics Act of 1994 (Public Law 103–382) is

15 amended—

16 (1) in subsection 412(c)(1), after ‘‘period of’’

17 and before ‘‘years,’’, by striking ‘‘3’’ and inserting

18 ‘‘4’’; and

19 (2) after ‘‘expiration of such term.’’, by adding

20 the following new subsection:

21 ‘‘(4) CONFORMING PROVISION.—Members of

22 the Board previously granted 3 year terms, whose

23 terms are in effect on the date of enactment of the

24 Department of Education Appropriations Act, 2001,

25 shall have their terms extended by 1 year.’’.
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1 SEC. 308. (a) Section 435(a)(2) of the Higher Edu2 cation Act of 1965 (20 U.S.C. 1085(a)(2)) is amended by

3 adding at the end thereof the following new subparagraph:

4 ‘‘(D) Notwithstanding the first sentence of subpara5 graph (A), the Secretary shall restore the eligibility to par6 ticipate in a program under subpart 1 of part A, part B,

7 or part D of an institution that did not appeal its loss

8 of eligibility within 30 days of receiving notification if the

9 Secretary determines, on a case-by-case basis, that the in10 stitution’s failure to appeal was substantially justified

11 under the circumstances, and that—

12 ‘‘(i) the institution made a timely request that

13 the appropriate guaranty agency correct errors in

14 the draft data used to calculate the institution’s co15 hort default rate;

16 ‘‘(ii) the guaranty agency did not correct the er17 roneous data in a timely fashion; and

18 ‘‘(iii) the institution would have been eligible if

19 the erroneous data had been corrected by the guar20 anty agency.’’.

21 (b) The amendment made by subsection (a) of this

22 section shall be effective for cohort default rate calcula23 tions for fiscal years 1997 and 1998.

24 SEC. 309. Section 439(r)(2) of the Higher Education

25 Act of 1965 (20 U.S.C. 1087–2(r)(2)) is amended—
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1 (1) in clause (A)(i), by striking ‘‘auditors and

2 examiners’’ and inserting ‘‘and fix the compensation

3 of such auditors and examiners as may be nec4 essary’’; and

5 (2) by inserting at the end of subparagraph (E)

6 the following new subparagraph:

7 ‘‘(F) COMPENSATION OF AUDITORS AND

8 EXAMINERS.—

9 ‘‘(i) RATES OF PAY.—Rates of basic

10 pay for all auditors and examiners ap11 pointed pursuant to subparagraph (A) may

12 be set and adjusted by the Secretary of the

13 Treasury without regard to the provisions

14 of chapter 51 or subchapter III of chapter

15 53 of title 5, United States Code.

16 ‘‘(ii) COMPARABILITY.—

17 ‘‘(I) IN GENERAL.—Subject to

18 section 5373 of title 5, United States

19 Code, the Secretary of the Treasury

20 may provide additional compensation

21 and benefits to auditors and exam22 iners appointed pursuant to subpara23 graph (A) if the same type of com24 pensation or benefits are then being

25 provided by any agency referred to in
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1 section 1206 of the Financial Institu2 tions Reform, Recovery, and Enforce3 ment Act of 1989 (12 U.S.C. 1833b)

4 or, if not then being provided, could

5 be provided by such an agency under

6 applicable provisions of law, rule, or

7 regulation.

8 ‘‘(II) CONSULTATION.—In set9 ting and adjusting the total amount of

10 compensation and benefits for audi11 tors and examiners appointed pursu12 ant to subparagraph (A), the Sec13 retary of the Treasury shall consult

14 with, and seek to maintain com15 parability with, the agencies referred

16 to in section 1206 of the Financial In17 stitutions Reform, Recovery, and En18 forcement Act of 1989 (12 U.S.C.

19 1833b).’’.

20 SEC. 310. Section 117(i) of the Carl D. Perkins Vo21 cational and Technical Education Act of 1998 (20 U.S.C.

22 2327(i)) is amended by inserting ‘‘such sums as may be

23 necessary for’’ before ‘‘each of the 4 succeeding fiscal

24 years.’’.
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1 SEC. 311. Section 432(m)(1) of the Higher Edu2 cation Act of 1965 (20 U.S.C. 1082(m)(1)) is amended—

3 (1) by striking clause (iv) of subparagraph (D);

4 and

5 (2) by adding at the end the following new sub6 paragraph:

7 ‘‘(E) PERFECTION OF SECURITY INTER8 ESTS IN STUDENT LOANS.—

9 ‘‘(i) IN GENERAL.—Notwithstanding

10 the provisions of any State law to the con11 trary, including the Uniform Commercial

12 Code as in effect in any State, a security

13 interest in loans made under this part, on

14 behalf of any eligible lender (as defined in

15 section 435(d)) shall attach, be perfected,

16 and be assigned priority in the manner

17 provided by the applicable State’s law for

18 perfection of security interests in accounts,

19 as such law may be amended from time to

20 time (including applicable transition provi21 sions). If any such State’s law provides for

22 a statutory lien to be created in such

23 loans, such statutory lien may be created

24 by the entity or entities governed by such

25 State law in accordance with the applicable
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1 statutory provisions that created such a

2 statutory lien.

3 ‘‘(ii) COLLATERAL DESCRIPTION.—In

4 addition to any other method for describ5 ing collateral in a legally sufficient manner

6 permitted under the laws of the State, the

7 description of collateral in any financing

8 statement filed pursuant to this subpara9 graph shall be deemed legally sufficient if

10 it lists such loans, or refers to records

11 (identifying such loans) retained by the se12 cured party or any designee of the secured

13 party identified in such financing state14 ment, including the debtor or any loan

15 servicer.

16 ‘‘(iii) SALES.—Notwithstanding

17 clauses (i) and (ii) and any provisions of

18 any State law to the contrary, other than

19 any such State’s law providing for creation

20 of a statutory lien, an outright sale of

21 loans made under this part shall be effec22 tive and perfected automatically upon at23 tachment as defined in the Uniform Com24 mercial Code of such State.’’.
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1 SEC. 312. Section 435(a)(5) of the Higher Education

2 Act of 1965 (20 U.S.C. 1085(a)(5)) is amended—

3 (1) in subparagraph (A)(i), by striking ‘‘July 1,

4 2002,’’ and inserting ‘‘July 1, 2004,’’; and

5 (2) in subparagraph (B), by striking ‘‘1999,

6 2000, and 2001’’ and inserting ‘‘1999 through

7 2003’’.

8 SEC. 313. From the amounts made available for the

9 ‘‘Fund for the Improvement of Education’’ under the

10 heading ‘‘Education Research, Statistics, and Improve11 ment’’, $10,000,000, to remain available until expended,

12 shall be available to the Secretary of Education to be

13 transferred to the Secretary of the Interior for an award

14 to the National Constitution Center for construction ac15 tivities authorized under Public Law 100–433.

16 SEC. 314. Section 4116(b)(4) of the Elementary and

17 Secondary Education Act of 1965 is amended by striking

18 subparagraph (D) and inserting in lieu thereof: ‘‘(D) the

19 development and implementation of character education

20 and training programs that reflect the values of parents,

21 teachers, and local communities, and incorporate elements

22 of good character, including honesty, citizenship, courage,

23 justice, respect, personal responsibility, and trust24 worthiness; and’’.
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1 SEC. 315. The Secretary of Education shall review

2 the nursing program operated by Graceland University in

3 Lamoni, Iowa, and may exercise the waiver authority pro4 vided in section 102(a)(3)(B) of the Higher Education Act

5 of 1965, without regard to the provisions of 34 CFR

6 600.7(b)(3)(ii), if the Secretary determines that such a

7 waiver is appropriate.

8 SEC. 316. Section 415 of the Higher Education Act

9 of 1965 is amended—

10 (1) in section 415A(a)(2), by striking ‘‘section

11 415F’’ and inserting ‘‘section 415E’’; and

12 (2) in section 415E, by striking 415E(c) and

13 inserting in lieu thereof the following:

14 ‘‘(c) AUTHORIZED ACTIVITIES.—Each State receiv15 ing a grant under this section may use the grant funds

16 for—

17 ‘‘(1) making awards that—

18 ‘‘(A) supplement grants received under

19 section 415C(b)(2) by eligible students who

20 demonstrate financial need; or

21 ‘‘(B) provide grants under section

22 415C(b)(2) to additional eligible students who

23 demonstrate financial need;

24 ‘‘(2) providing scholarships for eligible

25 students—
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1 ‘‘(A) who demonstrate financial need; and

2 ‘‘(B) who—

3 ‘‘(i) desire to enter a program of

4 study leading to a career in—

5 ‘‘(I) information technology;

6 ‘‘(II) mathematics, computer

7 science, or engineering;

8 ‘‘(III) teaching; or

9 ‘‘(IV) another field determined

10 by the State to be critical to the

11 State’s workforce needs; or

12 ‘‘(ii) demonstrate merit or academic

13 achievement; and

14 ‘‘(3) making awards that—

15 ‘‘(A) supplement community service work16 study awards received under section 415C(b)(2)

17 by eligible students who demonstrate financial

18 need; or

19 ‘‘(B) provide community service work20 study awards under section 415C(b)(2) to addi21 tional eligible students who demonstrate finan22 cial need.’’.

23 (3) in section 415E, adding at the end the fol24 lowing new subsections:
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1 ‘‘(f ) SPECIAL RULE.—Notwithstanding subsection

2 (d), for purposes of determining a State’s share of the cost

3 of the authorized activities described in subsection (c), the

4 State shall consider only those expenditures from non5 Federal sources that exceed its total expenditures for

6 need-based grants, scholarships, and work-study assist7 ance for fiscal year 1999 (including any such assistance

8 provided under this subpart).

9 ‘‘(g) USE OF FUNDS FOR ADMINISTRATIVE COSTS

10 PROHIBITED.—A State receiving a grant under this sec11 tion shall not use any of the grant funds to pay adminis12 trative costs associated with any of the authorized activi13 ties described in subsection (c).’’.

14 SEC. 317. (a) Section 402D of the Higher Education

15 Act of 1965 (20 U.S.C. 1070a–14) is amended—

16 (1) by redesignating subsection (c) as sub17 section (d); and

18 (2) by inserting after subsection (b) the fol19 lowing new subsection:

20 ‘‘(c) SPECIAL RULE.—

21 ‘‘(1) USE FOR STUDENT AID.—A recipient of a

22 grant that undertakes any of the permissible services

23 identified in subsection (b) may, in addition, use

24 such funds to provide grant aid to students. A grant

25 provided under this paragraph shall not exceed the
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1 maximum appropriated Pell Grant or, be less than

2 the minimum appropriated Pell Grant, for the cur3 rent academic year. In making grants to students

4 under this subsection, an institution shall ensure

5 that adequate consultation takes place between the

6 student support service program office and the insti7 tution’s financial aid office.

8 ‘‘(2) ELIGIBLE STUDENTS.—For purposes of

9 receiving grant aid under this subsection, eligible

10 students shall be current participants in the student

11 support services program offered by the institution

12 and be—

13 ‘‘(A) students who are in their first 2 years

14 of postsecondary education and who are receiv15 ing Federal Pell Grants under subpart 1; or

16 ‘‘(B) students who have completed their

17 first 2 years of postsecondary education and

18 who are receiving Federal Pell Grants under

19 subpart 1 if the institution demonstrates to the

20 satisfaction of the Secretary that—

21 ‘‘(i) these students are at high risk of

22 dropping out; and

23 ‘‘(ii) it will first meet the needs of all

24 its eligible first- and second-year students

25 for services under this paragraph.
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1 ‘‘(3) DETERMINATION OF NEED.—A grant pro2 vided to a student under paragraph (1) shall not be

3 considered in determining that student’s need for

4 grant or work assistance under this title, except that

5 in no case shall the total amount of student financial

6 assistance awarded to a student under this title ex7 ceed that student’s cost of attendance, as defined in

8 section 472.

9 ‘‘(4) MATCHING REQUIRED.—A recipient of a

10 grant who uses such funds for the purpose described

11 in paragraph (1) shall match the funds used for

12 such purpose, in cash, from non-Federal funds, in

13 an amount that is not less than 33 percent of the

14 total amount of funds used for that purpose. This

15 paragraph shall not apply to any grant recipient

16 that is an institution of higher education eligible to

17 receive funds under part A or B of title III or title

18 V.

19 ‘‘(5) RESERVATION.—In no event may a recipi20 ent use more than 20 percent of the funds received

21 under this section for grant aid.

22 ‘‘(6) SUPPLEMENT, NOT SUPPLANT.—Funds re23 ceived by a grant recipient that are used under this

24 subsection shall be used to supplement, and not sup-
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1 plant, non-Federal funds expended for student sup2 port services programs.’’.

3 (b) The amendments made by subsection (a) shall

4 apply with respect to student support services grants

5 awarded on or after the date of enactment of this Act.

6 SEC. 318. (a) Subparagraph (B) of section

7 427A(c)(4) of the Higher Education Act of 1965 (20

8 U.S.C. 1077a(c)(4)) is amended to read as follows:

9 ‘‘(B)(i) For any 12-month period begin10 ning on July 1 and ending on or before June

11 30, 2001, the rate determined under this sub12 paragraph is determined on the preceding June

13 1 and is equal to—

14 ‘‘(I) the bond equivalent rate of 52-

15 week Treasury bills auctioned at the final

16 auction held prior to such June 1; plus

17 ‘‘(II) 3.25 percent.

18 ‘‘(ii) For any 12-month period beginning

19 on July 1 of 2001 or any succeeding year, the

20 rate determined under this subparagraph is de21 termined on the preceding June 26 and is equal

22 to—

23 ‘‘(I) the weekly average 1-year con24 stant maturity Treasury yield, as published

25 by the Board of Governors of the Federal
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1 Reserve System, for the last calendar week

2 ending on or before such June 26; plus

3 ‘‘(II) 3.25 percent.’’.

4 (b) Subparagraph (A) of section 455(b)(4) of such

5 Act (20 U.S.C. 1087e(b)(4)) is amended to read as fol6 lows:

7 ‘‘(A)(i) For Federal Direct PLUS Loans

8 for which the first disbursement is made on or

9 after July 1, 1994, the applicable rate of inter10 est shall, during any 12-month period beginning

11 on July 1 and ending on or before June 30,

12 2001, be determined on the preceding June 1

13 and be equal to—

14 ‘‘(I) the bond equivalent rate of 52-

15 week Treasury bills auctioned at final auc16 tion held prior to such June 1; plus

17 ‘‘(II) 3.1 percent,

18 except that such rate shall not exceed 9 per19 cent.

20 ‘‘(ii) For any 12-month period beginning

21 on July 1 of 2001 or any succeeding year, the

22 applicable rate of interest determined under

23 this subparagraph shall be determined on the

24 preceding June 26 and be equal to—
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1 ‘‘(I) the weekly average 1-year con2 stant maturity Treasury yield, as published

3 by the Board of Governors of the Federal

4 Reserve System, for the last calendar week

5 ending on or before such June 26; plus

6 ‘‘(II) 3.1 percent,

7 except that such rate shall not exceed 9 per8 cent.’’.

9 SEC. 319. Section 1543 of the Higher Education

10 Amendments of 1992 (20 U.S.C. 1070 note) is amended

11 by adding at the end the following new subsection:

12 ‘‘(e) DESIGNATION.—Scholarships awarded under

13 this section shall be known as ‘B.J. Stupak Olympic Schol14 arships’.’’.

15 SEC. 320. (a) Subject to subsection (c), the Secretary

16 of Education shall release the reversionary interests that

17 were retained by the United States, as part of the convey18 ance of certain real property situated in the County of

19 Marin, State of California, in an April 3, 1978 Quitclaim

20 Deed, which was filed for record on June 5, 1978, in Book

21 3384, at page 33, of the official Records of Marin County,

22 California.

23 (b) The Secretary shall execute the release of the re24 versionary interests under subsection (a) without consider25 ation.
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1 (c) The Secretary shall execute and file in the appro2 priate office or offices a deed of release, amended deed,

3 or other appropriate instruments effectuating the release

4 of the reversionary interests under subsection (a). In all

5 other respects the provisions of the April 3, 1978 Quit6 claim Deed shall remain intact.

7 SEC. 321. (a) GRANTS TO NATIVE AMERICAN

8 SCHOOLS AND STATE EDUCATIONAL AGENCIES.—

9 (1) ALLOCATION OF FUNDS.—Of the amount

10 made available under the heading ‘‘School improve11 ment programs’’ for grants made in accordance with

12 this section for school repair and renovation, activi13 ties under part B of the Individuals with Disabilities

14 Education Act (20 U.S.C. 1411 et seq.), and tech15 nology activities, the Secretary of Education shall

16 allocate—

17 (A) $75,000,000 for grants to impacted

18 local educational agencies (as defined in para19 graph (3)) for school repair, renovation, and

20 construction;

21 (B) $3,250,000 for grants to outlying

22 areas for school repair and renovation in high23 need schools and communities, allocated on

24 such basis, and subject to such terms and con-
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1 ditions, as the Secretary determines appro2 priate;

3 (C) $25,000,000 for grants to public enti4 ties, private nonprofit entities, and consortia of

5 such entities, for use in accordance with sub6 part 2 of part C of title X of the Elementary

7 and Secondary Education Act of 1965; and

8 (D) the remainder to State educational

9 agencies in proportion to the amount each State

10 received under part A of title I of the Elemen11 tary and Secondary Education Act of 1965 (20

12 U.S.C. 6311 et seq.) for fiscal year 2000, ex13 cept that no State shall receive less than 0.5

14 percent of the amount allocated under this sub15 paragraph.

16 (2) DETERMINATION OF GRANT AMOUNT.—

17 (A) DETERMINATION OF WEIGHTED STU18 DENT UNITS.—For purposes of computing the

19 grant amounts under paragraph (1)(A) for fis20 cal year 2001, the Secretary shall determine the

21 results obtained by the computation made

22 under section 8003 of the Elementary and Sec23 ondary Education Act of 1965 (20 U.S.C.

24 7703) with respect to children described in sub25 section (a)(1)(C) of such section and computed
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1 under subsection (a)(2)(B) of such section for

2 such year—

3 (i) for each impacted local educational

4 agency that receives funds under this sec5 tion; and

6 (ii) for all such agencies together.

7 (B) COMPUTATION OF PAYMENT.—For fis8 cal year 2001, the Secretary shall calculate the

9 amount of a grant to an impacted local edu10 cational agency by—

11 (i) dividing the amount described in

12 paragraph (1)(A) by the results of the

13 computation described in subparagraph

14 (A)(ii); and

15 (ii) multiplying the number derived

16 under clause (i) by the results of the com17 putation described in subparagraph (A)(i)

18 for such agency.

19 (3) DEFINITION.—For purposes of this section,

20 the term ‘‘impacted local educational agency’’

21 means, for fiscal year 2001—

22 (A) a local educational agency that receives

23 a basic support payment under section 8003(b)

24 of the Elementary and Secondary Education
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1 Act of 1965 (20 U.S.C. 7703(b)) for such fiscal

2 year; and

3 (B) with respect to which the number of

4 children determined under section

5 8003(a)(1)(C) of such Act for the preceding

6 school year constitutes at least 50 percent of

7 the total student enrollment in the schools of

8 the agency during such school year.

9 (b) WITHIN-STATE ALLOCATIONS.—

10 (1) ADMINISTRATIVE COSTS.—

11 (A) STATE EDUCATIONAL AGENCY ADMIN12 ISTRATION.—Except as provided in subpara13 graph (B), each State educational agency may

14 reserve not more than 1 percent of its allocation

15 under subsection (a)(1)(D) for the purpose of

16 administering the distribution of grants under

17 this subsection.

18 (B) STATE ENTITY ADMINISTRATION.—If

19 the State educational agency transfers funds to

20 a State entity described in paragraph (2)(A),

21 the agency shall transfer to such entity 0.75 of

22 the amount reserved under this paragraph for

23 the purpose of administering the distribution of

24 grants under this subsection.
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1 (2) RESERVATION FOR COMPETITIVE SCHOOL

2 REPAIR AND RENOVATION GRANTS TO LOCAL EDU3 CATIONAL AGENCIES.—

4 (A) IN GENERAL.—Subject to the reserva5 tion under paragraph (1), of the funds allocated

6 to a State educational agency under subsection

7 (a)(1)(D), the State educational agency shall

8 distribute 75 percent of such funds to local edu9 cational agencies or, if such State educational

10 agency is not responsible for the financing of

11 education facilities, the agency shall transfer

12 such funds to the State entity responsible for

13 the financing of education facilities (referred to

14 in this section as the ‘‘State entity’’) for dis15 tribution by such entity to local educational

16 agencies in accordance with this paragraph, to

17 be used, consistent with subsection (c), for

18 school repair and renovation.

19 (B) COMPETITIVE GRANTS TO LOCAL EDU20 CATIONAL AGENCIES.—

21 (i) IN GENERAL.—The State edu22 cational agency or State entity shall carry

23 out a program of competitive grants to

24 local educational agencies for the purpose

25 described in subparagraph (A). Of the
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1 total amount available for distribution to

2 such agencies under this paragraph, the

3 State educational agency or State entity,

4 shall, in carrying out the competition—

5 (I) award to high poverty local

6 educational agencies described in

7 clause (ii), in the aggregate, at least

8 an amount which bears the same rela9 tionship to such total amount as the

10 aggregate amount such local edu11 cational agencies received under part

12 A of title I of the Elementary and

13 Secondary Education Act of 1965 for

14 fiscal year 2000 bears to the aggre15 gate amount received for such fiscal

16 year under such part by all local edu17 cational agencies in the State;

18 (II) award to rural local edu19 cational agencies in the State, in the

20 aggregate, at least an amount which

21 bears the same relationship to such

22 total amount as the aggregate amount

23 such rural local educational agencies

24 received under part A of title I of the

25 Elementary and Secondary Education
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1 Act of 1965 for fiscal year 2000 bears

2 to the aggregate amount received for

3 such fiscal year under such part by all

4 local educational agencies in the

5 State; and

6 (III) award the remaining funds

7 to local educational agencies not re8 ceiving an award under subclause (I)

9 or (II), including high poverty and

10 rural local educational agencies that

11 did not receive such an award.

12 (ii) HIGH POVERTY LOCAL EDU13 CATIONAL AGENCIES.—A local educational

14 agency is described in this clause if—

15 (I) the percentage described in

16 subparagraph (C)(i) with respect to

17 the agency is 30 percent or greater; or

18 (II) the number of children de19 scribed in such subparagraph with re20 spect to the agency is at least 10,000.

21 (C) CRITERIA FOR AWARDING GRANTS.—

22 In awarding competitive grants under this para23 graph, a State educational agency or State enti24 ty shall take into account the following criteria:
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1 (i) The percentage of poor children 5

2 to 17 years of age, inclusive, in a local

3 educational agency.

4 (ii) The need of a local educational

5 agency for school repair and renovation, as

6 demonstrated by the condition of its public

7 school facilities.

8 (iii) The fiscal capacity of a local edu9 cational agency to meet its needs for repair

10 and renovation of public school facilities

11 without assistance under this section, in12 cluding its ability to raise funds through

13 the use of local bonding capacity and oth14 erwise.

15 (iv) In the case of a local educational

16 agency that proposes to fund a repair or

17 renovation project for a charter school or

18 schools, the extent to which the school or

19 schools have access to funding for the

20 project through the financing methods

21 available to other public schools or local

22 educational agencies in the State.

23 (v) The likelihood that the local edu24 cational agency will maintain, in good con-
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•HR 5656 IH

1 dition, any facility whose repair or renova2 tion is assisted under this section.

3 (D) POSSIBLE MATCHING REQUIRE4 MENT.—

5 (i) IN GENERAL.—A State educational

6 agency or State entity may require local

7 educational agencies to match funds

8 awarded under this subsection.

9 (ii) MATCH AMOUNT.—The amount of

10 a match described in clause (i) may be es11 tablished by using a sliding scale that

12 takes into account the relative poverty of

13 the population served by the local edu14 cational agency.

15 (3) RESERVATION FOR COMPETITIVE IDEA OR

16 TECHNOLOGY GRANTS TO LOCAL EDUCATIONAL

17 AGENCIES.—

18 (A) IN GENERAL.—Subject to the reserva19 tion under paragraph (1), of the funds allocated

20 to a State educational agency under subsection

21 (a)(1)(D), the State educational agency shall

22 distribute 25 percent of such funds to local edu23 cational agencies through competitive grant

24 processes, to be used for the following:
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1 (i) To carry out activities under part

2 B of the Individuals with Disabilities Edu3 cation Act (20 U.S.C. 1411 et seq.).

4 (ii) For technology activities that are

5 carried out in connection with school repair

6 and renovation, including—

7 (I) wiring;

8 (II) acquiring hardware and soft9 ware;

10 (III) acquiring connectivity link11 ages and resources; and

12 (IV) acquiring microwave, fiber

13 optics, cable, and satellite trans14 mission equipment.

15 (B) CRITERIA FOR AWARDING IDEA

16 GRANTS.—In awarding competitive grants

17 under subparagraph (A) to be used to carry out

18 activities under part B of the Individuals with

19 Disabilities Education Act (20 U.S.C. 1411 et

20 seq.), a State educational agency shall take into

21 account the following criteria:

22 (i) The need of a local educational

23 agency for additional funds for a student

24 whose individually allocable cost for ex25 penses related to the Individuals with Dis-
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1 abilities Education Act substantially ex2 ceeds the State’s average per-pupil expend3 iture (as defined in section 14101(2) of the

4 Elementary and Secondary Education Act

5 of 1965 (20 U.S.C. 8801(2))).

6 (ii) The need of a local educational

7 agency for additional funds for special edu8 cation and related services under part B of

9 the Individuals with Disabilities Education

10 Act (20 U.S.C. 1411 et seq.).

11 (iii) The need of a local educational

12 agency for additional funds for assistive

13 technology devices (as defined in section

14 602 of the Individuals with Disabilities

15 Education Act (20 U.S.C. 1401)) or assist16 ive technology services (as so defined) for

17 children being served under part B of the

18 Individuals with Disabilities Education Act

19 (20 U.S.C. 1411 et seq.).

20 (iv) The need of a local educational

21 agency for additional funds for activities

22 under part B of the Individuals with Dis23 abilities Education Act (20 U.S.C. 1411 et

24 seq.) in order for children with disabilities

25 to make progress toward meeting the per-
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1 formance goals and indicators established

2 by the State under section 612(a)(16) of

3 such Act (20 U.S.C. 1412).

4 (C) CRITERIA FOR AWARDING TECH5 NOLOGY GRANTS.—In awarding competitive

6 grants under subparagraph (A) to be used for

7 technology activities that are carried out in con8 nection with school repair and renovation, a

9 State educational agency shall take into account

10 the need of a local educational agency for addi11 tional funds for such activities, including the

12 need for the activities described in subclauses

13 (I) through (IV) of subparagraph (A)(ii).

14 (c) RULES APPLICABLE TO SCHOOL REPAIR AND

15 RENOVATION.—With respect to funds made available

16 under this section that are used for school repair and ren17 ovation, the following rules shall apply:

18 (1) PERMISSIBLE USES OF FUNDS.—School re19 pair and renovation shall be limited to one or more

20 of the following:

21 (A) Emergency repairs or renovations to

22 public school facilities only to ensure the health

23 and safety of students and staff, including—
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1 (i) repairing, replacing, or installing

2 roofs, electrical wiring, plumbing systems,

3 or sewage systems;

4 (ii) repairing, replacing, or installing

5 heating, ventilation, or air conditioning

6 systems (including insulation); and

7 (iii) bringing public schools into com8 pliance with fire and safety codes.

9 (B) School facilities modifications nec10 essary to render public school facilities acces11 sible in order to comply with the Americans

12 with Disabilities Act of 1990 (42 U.S.C. 12101

13 et seq.).

14 (C) School facilities modifications nec15 essary to render public school facilities acces16 sible in order to comply with section 504 of the

17 Rehabilitation Act of 1973 (29 U.S.C. 794).

18 (D) Asbestos abatement or removal from

19 public school facilities.

20 (E) Renovation, repair, and acquisition

21 needs related to the building infrastructure of a

22 charter school.

23 (2) IMPERMISSIBLE USES OF FUNDS.—No

24 funds received under this section may be used for—
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1 (A) payment of maintenance costs in con2 nection with any projects constructed in whole

3 or in part with Federal funds provided under

4 this section;

5 (B) the construction of new facilities, ex6 cept for facilities for an impacted local edu7 cational agency (as defined in subsection

8 (a)(3)); or

9 (C) stadiums or other facilities primarily

10 used for athletic contests or exhibitions or other

11 events for which admission is charged to the

12 general public.

13 (3) CHARTER SCHOOLS.—A public charter

14 school that constitutes a local educational agency

15 under State law shall be eligible for assistance under

16 the same terms and conditions as any other local

17 educational agency (as defined in section 14101(18)

18 of the Elementary and Secondary Education Act of

19 1965 (20 U.S.C. 8801(18))).

20 (4) SUPPLEMENT, NOT SUPPLANT.—Excluding

21 the uses described in subparagraphs (B) and (C) of

22 paragraph (1), a local educational agency shall use

23 Federal funds subject to this subsection only to sup24 plement the amount of funds that would, in the ab25 sence of such Federal funds, be made available from
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1 non-Federal sources for school repair and renova2 tion.

3 (d) SPECIAL RULE.—Each local educational agency

4 that receives funds under this section shall ensure that,

5 if it carries out repair or renovation through a contract,

6 any such contract process ensures the maximum number

7 of qualified bidders, including small, minority, and women8 owned businesses, through full and open competition.

9 (e) PUBLIC COMMENT.—Each local educational agen10 cy receiving funds under paragraph (2) or (3) of sub11 section (b)—

12 (1) shall provide parents, educators, and all

13 other interested members of the community the op14 portunity to consult on the use of funds received

15 under such paragraph;

16 (2) shall provide the public with adequate and

17 efficient notice of the opportunity described in para18 graph (1) in a widely read and distributed medium;

19 and

20 (3) shall provide the opportunity described in

21 paragraph (1) in accordance with any applicable

22 State and local law specifying how the comments

23 may be received and how the comments may be re24 viewed by any member of the public.

25 (f ) REPORTING.—
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1 (1) LOCAL REPORTING.—Each local educational

2 agency receiving funds under subsection (a)(1)(D)

3 shall submit a report to the State educational agen4 cy, at such time as the State educational agency

5 may require, describing the use of such funds for—

6 (A) school repair and renovation (and con7 struction, in the case of an impacted local edu8 cational agency (as defined in subsection

9 (a)(3)));

10 (B) activities under part B of the Individ11 uals with Disabilities Education Act (20 U.S.C.

12 1411 et seq.); and

13 (C) technology activities that are carried

14 out in connection with school repair and renova15 tion, including the activities described in sub16 clauses (I) through (IV) of subsection

17 (b)(3)(A)(ii).

18 (2) STATE REPORTING.—Each State edu19 cational agency shall submit to the Secretary of

20 Education, not later than December 31, 2002, a re21 port on the use of funds received under subsection

22 (a)(1)(D) by local educational agencies for—

23 (A) school repair and renovation (and con24 struction, in the case of an impacted local edu-
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1 cational agency (as defined in subsection

2 (a)(3)));

3 (B) activities under part B of the Individ4 uals with Disabilities Education Act (20 U.S.C.

5 1411 et seq.); and

6 (C) technology activities that are carried

7 out in connection with school repair and renova8 tion, including the activities described in sub9 clauses (I) through (IV) of subsection

10 (b)(3)(A)(ii).

11 (3) ADDITIONAL REPORTS.—Each entity receiv12 ing funds allocated under subsection (a)(1)(A) or

13 (B) shall submit to the Secretary, not later than De14 cember 31, 2002, a report on its uses of funds under

15 this section, in such form and containing such infor16 mation as the Secretary may require.

17 (g) APPLICABILITY OF PART B OF IDEA.—If a local

18 educational agency uses funds received under this section

19 to carry out activities under part B of the Individuals with

20 Disabilities Education Act (20 U.S.C. 1411 et seq.), such

21 part (including provisions respecting the participation of

22 private school children), and any other provision of law

23 that applies to such part, shall apply to such use.

24 (h) REALLOCATION.—If a State educational agency

25 does not apply for an allocation of funds under subsection
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1 (a)(1)(D) for fiscal year 2001, or does not use its entire

2 allocation for such fiscal year, the Secretary may reallo3 cate the amount of the State educational agency’s alloca4 tion (or the remainder thereof, as the case may be) to the

5 remaining State educational agencies in accordance with

6 subsection (a)(1)(D).

7 (i) PARTICIPATION OF PRIVATE SCHOOLS.—

8 (1) IN GENERAL.—Section 6402 of the Elemen9 tary and Secondary Education Act of 1965 (20

10 U.S.C. 7372) shall apply to subsection (b)(2) in the

11 same manner as it applies to activities under title VI

12 of such Act, except that—

13 (A) such section shall not apply with re14 spect to the title to any real property renovated

15 or repaired with assistance provided under this

16 section;

17 (B) the term ‘‘services’’ as used in section

18 6402 of such Act with respect to funds under

19 this section shall be provided only to private,

20 nonprofit elementary or secondary schools with

21 a rate of child poverty of at least 40 percent

22 and may include for purposes of subsection

23 (b)(2) only—

24 (i) modifications of school facilities

25 necessary to meet the standards applicable
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1 to public schools under the Americans with

2 Disabilities Act of 1990 (42 U.S.C. 12101

3 et seq.);

4 (ii) modifications of school facilities

5 necessary to meet the standards applicable

6 to public schools under section 504 of the

7 Rehabilitation Act of 1973 (29 U.S.C.

8 794); and

9 (iii) asbestos abatement or removal

10 from school facilities; and

11 (C) notwithstanding the requirements of

12 section 6402(b) of the Elementary and Sec13 ondary Education Act of 1965 (20 U.S.C.

14 7372(b)), expenditures for services provided

15 using funds made available under subsection

16 (b)(2) shall be considered equal for purposes of

17 such section if the per-pupil expenditures for

18 services described in subparagraph (B) for stu19 dents enrolled in private nonprofit elementary

20 and secondary schools that have child poverty

21 rates of at least 40 percent are consistent with

22 the per-pupil expenditures under this section for

23 children enrolled in the public schools in the

24 school district of the local educational agency

25 receiving funds under this section.
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1 (2) REMAINING FUNDS.—If the expenditure for

2 services described in paragraph (1)(B) is less than

3 the amount calculated under paragraph (1)(C) be4 cause of insufficient need for such services, the re5 mainder shall be available to the local educational

6 agency for renovation and repair of public school fa7 cilities.

8 (3) APPLICATION.—If any provision of this sec9 tion, or the application thereof, to any person or cir10 cumstances is judicially determined to be invalid, the

11 provisions of the remainder of the section and the

12 application to other persons or circumstances shall

13 not be affected thereby.

14 ( j) DEFINITIONS.—For purposes of this section:

15 (1) CHARTER SCHOOL.—The term ‘‘charter

16 school’’ has the meaning given such term in section

17 10310(1) of the Elementary and Secondary Edu18 cation Act of 1965 (20 U.S.C. 8066(1)).

19 (2) ELEMENTARY SCHOOL.—The term ‘‘elemen20 tary school’’ has the meaning given such term in

21 section 14101(14) of the Elementary and Secondary

22 Education Act of 1965 (20 U.S.C. 8801(14)).

23 (3) LOCAL EDUCATIONAL AGENCY.—The term

24 ‘‘local educational agency’’ has the meaning given

25 such term in subparagraphs (A) and (B) of section
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1 14101(18) of the Elementary and Secondary Edu2 cation Act of 1965 (20 U.S.C. 8801(18)).

3 (4) OUTLYING AREA.—The term ‘‘outlying

4 area’’ has the meaning given such term in section

5 14101(21) of the Elementary and Secondary Edu6 cation Act of 1965 (20 U.S.C. 8801(21)).

7 (5) POOR CHILDREN AND CHILD POVERTY.—

8 The terms ‘‘poor children’’ and ‘‘child poverty’’ refer

9 to children 5 to 17 years of age, inclusive, who are

10 from families with incomes below the poverty line

11 (as defined by the Office of Management and Budg12 et and revised annually in accordance with section

13 673(2) of the Community Services Block Grant (42

14 U.S.C. 9902(2)) applicable to a family of the size in15 volved for the most recent fiscal year for which data

16 satisfactory to the Secretary are available.

17 (6) RURAL LOCAL EDUCATIONAL AGENCY.—

18 The term ‘‘rural local educational agency’’ means a

19 local educational agency that the State determines is

20 located in a rural area using objective data and a

21 commonly employed definition of the term ‘‘rural’’.

22 (7) SECONDARY SCHOOL.—The term ‘‘sec23 ondary school’’ has the meaning given such term in

24 section 14101(25) of the Elementary and Secondary

25 Education Act of 1965 (20 U.S.C. 8801(25)).
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1 (8) STATE.—The term ‘‘State’’ means each of

2 the 50 States, the District of Columbia, and the

3 Commonwealth of Puerto Rico.

4 SEC. 322. (a) Part C of title X of the Elementary

5 and Secondary Education Act of 1965 (20 U.S.C. 8061

6 et seq.) is amended—

7 (1) by inserting after the part heading the fol8 lowing:

9 ‘‘Subpart 1—Basic Charter School Grant Program’’;

10 and

11 (2) by adding at the end the following:

12 ‘‘Subpart 2—Credit Enhancement Initiatives To As13 sist Charter School Facility Acquisition, Con14 struction, and Renovation

15 ‘‘SEC. 10321. PURPOSE.

16 ‘‘The purpose of this subpart is to provide one-time

17 grants to eligible entities to permit them to demonstrate

18 innovative credit enhancement initiatives that assist char19 ter schools to address the cost of acquiring, constructing,

20 and renovating facilities.

21 ‘‘SEC. 10322. GRANTS TO ELIGIBLE ENTITIES.

22 ‘‘(a) IN GENERAL.—The Secretary shall use 100 per23 cent of the amount available to carry out this subpart to

24 award not less than three grants to eligible entities having

25 applications approved under this subpart to demonstrate
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1 innovative methods of assisting charter schools to address

2 the cost of acquiring, constructing, and renovating facili3 ties by enhancing the availability of loans or bond financ4 ing.

5 ‘‘(b) GRANTEE SELECTION.—The Secretary shall

6 evaluate each application submitted, and shall make a de7 termination of which are sufficient to merit approval and

8 which are not. The Secretary shall award at least one

9 grant to an eligible entity described in section

10 10330(2)(A), at least one grant to an eligible entity de11 scribed in section 10330(2)(B), and at least one grant to

12 an eligible entity described in section 10330(2)(C), if ap13 plications are submitted that permit the Secretary to do

14 so without approving an application that is not of suffi15 cient quality to merit approval.

16 ‘‘(c) GRANT CHARACTERISTICS.—Grants under this

17 subpart shall be of a sufficient size, scope, and quality so

18 as to ensure an effective demonstration of an innovative

19 means of enhancing credit for the financing of charter

20 school acquisition, construction, or renovation.

21 ‘‘(d) SPECIAL RULE.—In the event the Secretary de22 termines that the funds available are insufficient to permit

23 the Secretary to award not less than three grants in ac24 cordance with subsections (a) through (c), such three25 grant minimum and the second sentence of subsection (b)
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1 shall not apply, and the Secretary may determine the ap2 propriate number of grants to be awarded in accordance

3 with subsection (c).

4 ‘‘SEC. 10323. APPLICATIONS.

5 ‘‘(a) IN GENERAL.—To receive a grant under this

6 subpart, an eligible entity shall submit to the Secretary

7 an application in such form as the Secretary may reason8 ably require.

9 ‘‘(b) CONTENTS.—An application under subsection

10 (a) shall contain—

11 ‘‘(1) a statement identifying the activities pro12 posed to be undertaken with funds received under

13 this subpart, including how the applicant will deter14 mine which charter schools will receive assistance,

15 and how much and what types of assistance charter

16 schools will receive;

17 ‘‘(2) a description of the involvement of charter

18 schools in the application’s development and the de19 sign of the proposed activities;

20 ‘‘(3) a description of the applicant’s expertise in

21 capital market financing;

22 ‘‘(4) a description of how the proposed activities

23 will leverage the maximum amount of private-sector

24 financing capital relative to the amount of govern-
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1 ment funding used and otherwise enhance credit

2 available to charter schools;

3 ‘‘(5) a description of how the applicant pos4 sesses sufficient expertise in education to evaluate

5 the likelihood of success of a charter school program

6 for which facilities financing is sought;

7 ‘‘(6) in the case of an application submitted by

8 a State governmental entity, a description of the ac9 tions that the entity has taken, or will take, to en10 sure that charter schools within the State receive the

11 funding they need to have adequate facilities; and

12 ‘‘(7) such other information as the Secretary

13 may reasonably require.

14 ‘‘SEC. 10324. CHARTER SCHOOL OBJECTIVES.

15 ‘‘An eligible entity receiving a grant under this sub16 part shall use the funds deposited in the reserve account

17 established under section 10325(a) to assist one or more

18 charter schools to access private sector capital to accom19 plish one or both of the following objectives:

20 ‘‘(1) The acquisition (by purchase, lease, dona21 tion, or otherwise) of an interest (including an inter22 est held by a third party for the benefit of a charter

23 school) in improved or unimproved real property

24 that is necessary to commence or continue the oper25 ation of a charter school.
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1 ‘‘(2) The construction of new facilities, or the

2 renovation, repair, or alteration of existing facilities,

3 necessary to commence or continue the operation of

4 a charter school.

5 ‘‘SEC. 10325. RESERVE ACCOUNT.

6 ‘‘(a) USE OF FUNDS.—To assist charter schools to

7 accomplish the objectives described in section 10324, an

8 eligible entity receiving a grant under this subpart shall,

9 in accordance with State and local law, directly or indi10 rectly, alone or in collaboration with others, deposit the

11 funds received under this subpart (other than funds used

12 for administrative costs in accordance with section 10326)

13 in a reserve account established and maintained by the

14 entity for this purpose. Amounts deposited in such account

15 shall be used by the entity for one or more of the following

16 purposes:

17 ‘‘(1) Guaranteeing, insuring, and reinsuring

18 bonds, notes, evidences of debt, loans, and interests

19 therein, the proceeds of which are used for an objec20 tive described in section 10324.

21 ‘‘(2) Guaranteeing and insuring leases of per22 sonal and real property for an objective described in

23 section 10324.

24 ‘‘(3) Facilitating financing by identifying poten25 tial lending sources, encouraging private lending,
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1 and other similar activities that directly promote

2 lending to, or for the benefit of, charter schools.

3 ‘‘(4) Facilitating the issuance of bonds by char4 ter schools, or by other public entities for the benefit

5 of charter schools, by providing technical, adminis6 trative, and other appropriate assistance (including

7 the recruitment of bond counsel, underwriters, and

8 potential investors and the consolidation of multiple

9 charter school projects within a single bond issue).

10 ‘‘(b) INVESTMENT.—Funds received under this sub11 part and deposited in the reserve account shall be invested

12 in obligations issued or guaranteed by the United States

13 or a State, or in other similarly low-risk securities.

14 ‘‘(c) REINVESTMENT OF EARNINGS.—Any earnings

15 on funds received under this subpart shall be deposited

16 in the reserve account established under subsection (a)

17 and used in accordance with such subsection.

18 ‘‘SEC. 10326. LIMITATION ON ADMINISTRATIVE COSTS.

19 ‘‘An eligible entity may use not more than 0.25 per20 cent of the funds received under this subpart for the ad21 ministrative costs of carrying out its responsibilities under

22 this subpart.

23 ‘‘SEC. 10327. AUDITS AND REPORTS.

24 ‘‘(a) FINANCIAL RECORD MAINTENANCE AND

25 AUDIT.—The financial records of each eligible entity re-
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1 ceiving a grant under this subpart shall be maintained in

2 accordance with generally accepted accounting principles

3 and shall be subject to an annual audit by an independent

4 public accountant.

5 ‘‘(b) REPORTS.—

6 ‘‘(1) GRANTEE ANNUAL REPORTS.—Each eligi7 ble entity receiving a grant under this subpart annu8 ally shall submit to the Secretary a report of its op9 erations and activities under this subpart.

10 ‘‘(2) CONTENTS.—Each such annual report

11 shall include—

12 ‘‘(A) a copy of the most recent financial

13 statements, and any accompanying opinion on

14 such statements, prepared by the independent

15 public accountant reviewing the financial

16 records of the eligible entity;

17 ‘‘(B) a copy of any report made on an

18 audit of the financial records of the eligible en19 tity that was conducted under subsection (a)

20 during the reporting period;

21 ‘‘(C) an evaluation by the eligible entity of

22 the effectiveness of its use of the Federal funds

23 provided under this subpart in leveraging pri24 vate funds;
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1 ‘‘(D) a listing and description of the char2 ter schools served during the reporting period;

3 ‘‘(E) a description of the activities carried

4 out by the eligible entity to assist charter

5 schools in meeting the objectives set forth in

6 section 10324; and

7 ‘‘(F) a description of the characteristics of

8 lenders and other financial institutions partici9 pating in the activities undertaken by the eligi10 ble entity under this subpart during the report11 ing period.

12 ‘‘(3) SECRETARIAL REPORT.—The Secretary

13 shall review the reports submitted under paragraph

14 (1) and shall provide a comprehensive annual report

15 to Congress on the activities conducted under this

16 subpart.

17 ‘‘SEC. 10328. NO FULL FAITH AND CREDIT FOR GRANTEE

18 OBLIGATIONS.

19 ‘‘No financial obligation of an eligible entity entered

20 into pursuant to this subpart (such as an obligation under

21 a guarantee, bond, note, evidence of debt, or loan) shall

22 be an obligation of, or guaranteed in any respect by, the

23 United States. The full faith and credit of the United

24 States is not pledged to the payment of funds which may
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1 be required to be paid under any obligation made by an

2 eligible entity pursuant to any provision of this subpart.

3 ‘‘SEC. 10329. RECOVERY OF FUNDS.

4 ‘‘(a) IN GENERAL.—The Secretary, in accordance

5 with chapter 37 of title 31, United States Code, shall

6 collect—

7 ‘‘(1) all of the funds in a reserve account estab8 lished by an eligible entity under section 10325(a) if

9 the Secretary determines, not earlier than 2 years

10 after the date on which the entity first received

11 funds under this subpart, that the entity has failed

12 to make substantial progress in carrying out the

13 purposes described in section 10325(a); or

14 ‘‘(2) all or a portion of the funds in a reserve

15 account established by an eligible entity under sec16 tion 10325(a) if the Secretary determines that the

17 eligible entity has permanently ceased to use all or

18 a portion of the funds in such account to accomplish

19 any purpose described in section 10325(a).

20 ‘‘(b) EXERCISE OF AUTHORITY.—The Secretary shall

21 not exercise the authority provided in subsection (a) to

22 collect from any eligible entity any funds that are being

23 properly used to achieve one or more of the purposes de24 scribed in section 10325(a).
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1 ‘‘(c) PROCEDURES.—The provisions of sections 451,

2 452, and 458 of the General Education Provisions Act (20

3 U.S.C. 1234 et seq.) shall apply to the recovery of funds

4 under subsection (a).

5 ‘‘(d) CONSTRUCTION.—This section shall not be con6 strued to impair or affect the authority of the Secretary

7 to recover funds under part D of the General Education

8 Provisions Act (20 U.S.C. 1234 et seq.).

9 ‘‘SEC. 10330. DEFINITIONS.

10 ‘‘In this subpart:

11 ‘‘(1) The term ‘charter school’ has the meaning

12 given such term in section 10310.

13 ‘‘(2) The term ‘eligible entity’ means—

14 ‘‘(A) a public entity, such as a State or

15 local governmental entity;

16 ‘‘(B) a private nonprofit entity; or

17 ‘‘(C) a consortium of entities described in

18 subparagraphs (A) and (B).

19 ‘‘SEC. 10331. AUTHORIZATION OF APPROPRIATIONS.

20 ‘‘For the purpose of carrying out this subpart, there

21 are authorized to be appropriated $100,000,000 for fiscal

22 year 2001.’’.

23 (b) Part C of title X of the Elementary and Sec24 ondary Education Act of 1965 (20 U.S.C. 8061 et seq.)

25 is amended in each of the following provisions by striking
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1 ‘‘part’’ each place such term appears and inserting ‘‘sub2 part’’:

3 (1) Sections 10301 through 10305.

4 (2) Section 10307.

5 (3) Sections 10309 through 10311.

6 SEC. 323. (a) Section 8003(b)(2)(F) of the Elemen7 tary and Secondary Education Act of 1965 (20 U.S.C.

8 7703(b)(2)(F)) is amended—

9 (1) by striking ‘‘the Secretary shall use’’ and

10 inserting ‘‘the Secretary—

11 ‘‘(i) shall use’’;

12 (2) by striking the period at the end and insert13 ing ‘‘; and’’; and

14 (3) by adding at the end the following:

15 ‘‘(ii) except as provided in subpara16 graph (C)(i)(I), shall include all of the chil17 dren described in subparagraphs (F) and

18 (G) of subsection (a)(1) enrolled in schools

19 of the local educational agency in deter20 mining (I) the eligibility of the agency for

21 assistance under this paragraph, and (II)

22 the amount of such assistance if the num23 ber of such children meet the requirements

24 of subsection (a)(3).’’.
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1 (b) Section 8003(b)(2) of the Elementary and Sec2 ondary Education Act of 1965 (20 U.S.C. 7703(b)(2)) is

3 amended by adding at the end the following:

4 ‘‘(G) DETERMINATION OF AVERAGE TAX

5 RATES FOR GENERAL FUND PURPOSES.—For

6 the purpose of determining average tax rates

7 for general fund purposes for local educational

8 agencies in a State under this paragraph (ex9 cept under subparagraph (C)(i)(II)(bb)), the

10 Secretary shall use either—

11 ‘‘(i) the average tax rate for general

12 fund purposes for comparable local edu13 cational agencies, as determined by the

14 Secretary in regulations; or

15 ‘‘(ii) the average tax rate of all the

16 local educational agencies in the State.’’.

17 This title may be cited as the ‘‘Department of Edu18 cation Appropriations Act, 2001’’.

19 TITLE IV—RELATED AGENCIES

20 ARMED FORCES RETIREMENT HOME

21 For expenses necessary for the Armed Forces Retire22 ment Home to operate and maintain the United States

23 Soldiers’ and Airmen’s Home and the United States Naval

24 Home, to be paid from funds available in the Armed

25 Forces Retirement Home Trust Fund, $69,832,000, of
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1 which $9,832,000 shall remain available until expended

2 for construction and renovation of the physical plants at

3 the United States Soldiers’ and Airmen’s Home and the

4 United States Naval Home: Provided, That, notwith5 standing any other provision of law, a single contract or

6 related contracts for development and construction, to in7 clude construction of a long-term care facility at the

8 United States Naval Home, may be employed which collec9 tively include the full scope of the project: Provided fur10 ther, That the solicitation and contract shall contain the

11 clause ‘‘availability of funds’’ found at 48 CFR 52.232–

12 18 and 252.232–7007, Limitation of Government Obliga13 tions.

14 CORPORATION FOR NATIONAL AND COMMUNITY SERVICE

15 DOMESTIC VOLUNTEER SERVICE PROGRAMS, OPERATING

16 EXPENSES

17 For expenses necessary for the Corporation for Na18 tional and Community Service to carry out the provisions

19 of the Domestic Volunteer Service Act of 1973, as amend20 ed, $303,850,000: Provided, That none of the funds made

21 available to the Corporation for National and Community

22 Service in this Act for activities authorized by part E of

23 title II of the Domestic Volunteer Service Act of 1973

24 shall be used to provide stipends or other monetary incen-
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1 tives to volunteers or volunteer leaders whose incomes ex2 ceed 125 percent of the national poverty level.

3 CORPORATION FOR PUBLIC BROADCASTING

4 For payment to the Corporation for Public Broad5 casting, as authorized by the Communications Act of

6 1934, an amount which shall be available within limita7 tions specified by that Act, for the fiscal year 2003,

8 $365,000,000: Provided, That no funds made available to

9 the Corporation for Public Broadcasting by this Act shall

10 be used to pay for receptions, parties, or similar forms

11 of entertainment for Government officials or employees:

12 Provided further, That none of the funds contained in this

13 paragraph shall be available or used to aid or support any

14 program or activity from which any person is excluded,

15 or is denied benefits, or is discriminated against, on the

16 basis of race, color, national origin, religion, or sex: Pro17 vided further, That in addition to the amounts provided

18 above, $20,000,000, to remain available until expended,

19 shall be for digitalization, pending enactment of author20 izing legislation.

21 FEDERAL MEDIATION AND CONCILIATION SERVICE

22 SALARIES AND EXPENSES

23 For expenses necessary for the Federal Mediation

24 and Conciliation Service to carry out the functions vested

25 in it by the Labor Management Relations Act, 1947 (29
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1 U.S.C. 171–180, 182–183), including hire of passenger

2 motor vehicles; for expenses necessary for the Labor-Man3 agement Cooperation Act of 1978 (29 U.S.C. 175a); and

4 for expenses necessary for the Service to carry out the

5 functions vested in it by the Civil Service Reform Act,

6 Public Law 95–454 (5 U.S.C. ch. 71), $38,200,000, in7 cluding $1,500,000, to remain available through Sep8 tember 30, 2002, for activities authorized by the Labor9 Management Cooperation Act of 1978 (29 U.S.C. 175a):

10 Provided, That notwithstanding 31 U.S.C. 3302, fees

11 charged, up to full-cost recovery, for special training ac12 tivities and other conflict resolution services and technical

13 assistance, including those provided to foreign govern14 ments and international organizations, and for arbitration

15 services shall be credited to and merged with this account,

16 and shall remain available until expended: Provided fur17 ther, That fees for arbitration services shall be available

18 only for education, training, and professional development

19 of the agency workforce: Provided further, That the Direc20 tor of the Service is authorized to accept and use on behalf

21 of the United States gifts of services and real, personal,

22 or other property in the aid of any projects or functions

23 within the Director’s jurisdiction.
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1 FEDERAL MINE SAFETY AND HEALTH REVIEW

2 COMMISSION

3 SALARIES AND EXPENSES

4 For expenses necessary for the Federal Mine Safety

5 and Health Review Commission (30 U.S.C. 801 et seq.),

6 $6,320,000.

7 INSTITUTE OF MUSEUM AND LIBRARY SERVICES

8 OFFICE OF LIBRARY SERVICES: GRANTS AND

9 ADMINISTRATION

10 For carrying out subtitle B of the Museum and Li11 brary Services Act, $207,219,000: Provided, That of the

12 amount provided, $1,000,000 shall be awarded to the Na13 tional Museum of Women in the Arts in Washington,

14 D.C., $700,000 shall be awarded to the University of

15 Idaho Institute for the Historic Study of Jazz, $2,600,000

16 shall be awarded to Southeast Missouri State University

17 River Campus and Museum, $900,000 shall be awarded

18 to the Heritage Harbor Museum in Rhode Island,

19 $500,000 shall be awarded to the Alaska Native Heritage

20 Center, $576,000 shall be awarded to the Franklin Insti21 tute in Philadelphia, $925,000 shall be awarded to the

22 Please Touch Museum, $250,000 shall be awarded to the

23 Pittsburgh Children’s Museum, $510,000 shall be award24 ed to the Temple University Library, $1,800,000 shall be

25 awarded to Franklin Pierce College in New Hampshire,
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1 $500,000 shall be awarded to the Louisville Zoo in Ken2 tucky, $150,000 shall be awarded to the Oregon Historical

3 Society, $1,200,000 shall be awarded to the Mississippi

4 River Museum and Discovery Center in Dubuque, Iowa,

5 $650,000 shall be awarded to the Salisbury House Foun6 dation in Des Moines, Iowa, $150,000 shall be awarded

7 to the History Center for the Linn County Historical Mu8 seum in Iowa, $4,000,000 shall be awarded to the

9 Newsline for the Blind, of which $100,000 shall be award10 ed to the Iowa Newsline for the Blind and $100,000 shall

11 be awarded to the West Virginia Newsline for the Blind,

12 $1,000,000 shall be awarded to the Clay Center for the

13 Arts and Sciences, $650,000 shall be awarded to Bishops

14 Museum in Hawaii, $500,000 shall be awarded to the Wis15 consin Maritime Museum, $250,000 shall be awarded to

16 the Natural History Museum of Los Angeles, $400,000

17 shall be awarded to the Perkins Geology Museum at the

18 University of Vermont, $400,000 shall be awarded to the

19 Walt Whitman Cultural Arts Center in Camden, New Jer20 sey, $400,000 shall be awarded to the Plainfield Public

21 Library in Plainfield, New Jersey, $150,000 shall be

22 awarded to the Ducktown Arts District in Atlantic City,

23 New Jersey, $400,000 shall be awarded to the Lake

24 Champlain Science Center in Vermont, $250,000 shall be

25 awarded to the Foundation for the Arts, Music, and En-
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1 tertainment of Shreveport-Bossier, Inc., $100,000 shall be

2 awarded to Bryant College in Rhode Island, $120,000

3 shall be awarded to the Fenton Historical Museum of

4 Jamestown, New York, $921,000 shall be awarded to the

5 Mariners’ Museum in Newport News, Virginia, $461,000

6 shall be awarded to DuPage County Children’s Museum

7 in Naperville, Illinois, $369,000 shall be awarded to the

8 National Baseball Hall of Fame Library in Cooperstown,

9 New York, $92,000 shall be awarded to the City of Co10 rona, Riverside, California, $6,000 shall be awarded to the

11 City of Murrieta, California Public Library, $1,382,000

12 shall be awarded to the Sierra Madre, California Public

13 Library, $23,000 shall be awarded to the Brooklyn Public

14 Library in Brooklyn, New York, $46,000 shall be awarded

15 to the New York Public Library Staten Island branch,

16 $266,000 shall be awarded to the Edward H. Nabb Re17 search Center at Salisbury State University in Salisbury,

18 Maryland, $461,000 shall be awarded to Texas Tech Uni19 versity, $230,000 shall be awarded to the City of Ontario,

20 California Public Library, $461,000 shall be awarded to

21 the Southern Oregon University in Ashland, Oregon,

22 $1,106,000 shall be awarded to Christopher Newport Uni23 versity in Newport News, Virginia, $128,000 shall be

24 awarded to the Nassau County Museum of Art in Roslyn

25 Harbor, New York, $850,000 shall be awarded to the Chil-
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1 dren’s Museum of Los Angeles, $43,000 shall be awarded

2 to Sumter County Library in Sumter, South Carolina,

3 $298,000 shall be awarded to Columbia College Center for

4 Black Music Research in Chicago, Illinois, $723,000 shall

5 be awarded to Old Sturbridge Village in Sturbridge, Mas6 sachusetts, $723,000 shall be awarded to New Bedford

7 Whaling Museum in Massachusetts, $298,000 shall be

8 awarded to Mystic Seaport Museum of America and the

9 Sea in Connecticut, $468,000 shall be awarded to the City

10 of Houston Public Library, $128,000 shall be awarded to

11 the Roberson Museum and Science Center in

12 Binghampton, New York, $850,000 shall be awarded to

13 Berman Museum of Art at Ursinus College in Collegeville,

14 Pennsylvania, $680,000 shall be awarded to AMISTAD

15 Research Center at Tulane University, $2,125,000 shall

16 be awarded to Silas Bronson Library in Waterbury, Con17 necticut, $213,000 shall be awarded to Fitchburg Art Mu18 seum in Fitchburg, Massachusetts, $128,000 shall be

19 awarded to North Carolina Museum of Life and Science,

20 $2,435,000 shall be awarded to New York Public Library,

21 $85,000 shall be awarded to the New York Botanical Gar22 den in Bronx, New York, $170,000 shall be awarded to

23 George Eastman House in Rochester, New York,

24 $425,000 shall be awarded to The National Aviary in

25 Pittsburgh, Pennsylvania, $723,000 shall be awarded to
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1 the George C. Page Museum in Los Angeles, California,

2 $461,000 shall be awarded to the Abraham Lincoln Bicen3 tennial Commission, and $410,000 shall be awarded to the

4 AE Seaman Mineral Museum in Houghton, Michigan.

5 MEDICARE PAYMENT ADVISORY COMMISSION

6 SALARIES AND EXPENSES

7 For expenses necessary to carry out section 1805 of

8 the Social Security Act, $8,000,000, to be transferred to

9 this appropriation from the Federal Hospital Insurance

10 and the Federal Supplementary Medical Insurance Trust

11 Funds.

12 NATIONAL COMMISSION ON LIBRARIES AND

13 INFORMATION SCIENCE

14 SALARIES AND EXPENSES

15 For necessary expenses for the National Commission

16 on Libraries and Information Science, established by the

17 Act of July 20, 1970 (Public Law 91–345, as amended),

18 $1,495,000.

19 NATIONAL COUNCIL ON DISABILITY

20 SALARIES AND EXPENSES

21 For expenses necessary for the National Council on

22 Disability as authorized by title IV of the Rehabilitation

23 Act of 1973, as amended, $2,615,000.
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1 NATIONAL EDUCATION GOALS PANEL

2 For expenses necessary for the National Education

3 Goals Panel, as authorized by title II, part A of the Goals

4 2000: Educate America Act, $1,500,000.

5 NATIONAL LABOR RELATIONS BOARD

6 SALARIES AND EXPENSES

7 For expenses necessary for the National Labor Rela8 tions Board to carry out the functions vested in it by the

9 Labor-Management Relations Act, 1947, as amended (29

10 U.S.C. 141–167), and other laws, $216,438,000: Pro11 vided, That no part of this appropriation shall be available

12 to organize or assist in organizing agricultural laborers or

13 used in connection with investigations, hearings, direc14 tives, or orders concerning bargaining units composed of

15 agricultural laborers as referred to in section 2(3) of the

16 Act of July 5, 1935 (29 U.S.C. 152), and as amended

17 by the Labor-Management Relations Act, 1947, as amend18 ed, and as defined in section 3(f ) of the Act of June 25,

19 1938 (29 U.S.C. 203), and including in said definition em20 ployees engaged in the maintenance and operation of

21 ditches, canals, reservoirs, and waterways when main22 tained or operated on a mutual, nonprofit basis and at

23 least 95 percent of the water stored or supplied thereby

24 is used for farming purposes.
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1 NATIONAL MEDIATION BOARD

2 SALARIES AND EXPENSES

3 For expenses necessary to carry out the provisions

4 of the Railway Labor Act, as amended (45 U.S.C. 151–

5 188), including emergency boards appointed by the Presi6 dent, $10,400,000.

7 OCCUPATIONAL SAFETY AND HEALTH REVIEW

8 COMMISSION

9 SALARIES AND EXPENSES

10 For expenses necessary for the Occupational Safety

11 and Health Review Commission (29 U.S.C. 661),

12 $8,720,000.

13 RAILROAD RETIREMENT BOARD

14 DUAL BENEFITS PAYMENTS ACCOUNT

15 For payment to the Dual Benefits Payments Ac16 count, authorized under section 15(d) of the Railroad Re17 tirement Act of 1974, $160,000,000, which shall include

18 amounts becoming available in fiscal year 2001 pursuant

19 to section 224(c)(1)(B) of Public Law 98–76; and in addi20 tion, an amount, not to exceed 2 percent of the amount

21 provided herein, shall be available proportional to the

22 amount by which the product of recipients and the average

23 benefit received exceeds $160,000,000: Provided, That the

24 total amount provided herein shall be credited in 12 ap-
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1 proximately equal amounts on the first day of each month

2 in the fiscal year.

3 FEDERAL PAYMENTS TO THE RAILROAD RETIREMENT

4 ACCOUNTS

5 For payment to the accounts established in the

6 Treasury for the payment of benefits under the Railroad

7 Retirement Act for interest earned on unnegotiated

8 checks, $150,000, to remain available through September

9 30, 2002, which shall be the maximum amount available

10 for payment pursuant to section 417 of Public Law 98–

11 76.

12 LIMITATION ON ADMINISTRATION

13 For necessary expenses for the Railroad Retirement

14 Board for administration of the Railroad Retirement Act

15 and the Railroad Unemployment Insurance Act,

16 $95,000,000, to be derived in such amounts as determined

17 by the Board from the railroad retirement accounts and

18 from moneys credited to the railroad unemployment insur19 ance administration fund.

20 LIMITATION ON THE OFFICE OF INSPECTOR GENERAL

21 For expenses necessary for the Office of Inspector

22 General for audit, investigatory and review activities, as

23 authorized by the Inspector General Act of 1978, as

24 amended, not more than $5,700,000, to be derived from

25 the railroad retirement accounts and railroad unemploy26 ment insurance account: Provided, That none of the funds
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1 made available in any other paragraph of this Act may

2 be transferred to the Office; used to carry out any such

3 transfer; used to provide any office space, equipment, of4 fice supplies, communications facilities or services, mainte5 nance services, or administrative services for the Office;

6 used to pay any salary, benefit, or award for any personnel

7 of the Office; used to pay any other operating expense of

8 the Office; or used to reimburse the Office for any service

9 provided, or expense incurred, by the Office.

10 SOCIAL SECURITY ADMINISTRATION

11 PAYMENTS TO SOCIAL SECURITY TRUST FUNDS

12 For payment to the Federal Old-Age and Survivors

13 Insurance and the Federal Disability Insurance trust

14 funds, as provided under sections 201(m), 228(g), and

15 1131(b)(2) of the Social Security Act, $20,400,000.

16 SPECIAL BENEFITS FOR DISABLED COAL MINERS

17 For carrying out title IV of the Federal Mine Safety

18 and Health Act of 1977, $365,748,000, to remain avail19 able until expended.

20 For making, after July 31 of the current fiscal year,

21 benefit payments to individuals under title IV of the Fed22 eral Mine Safety and Health Act of 1977, for costs in23 curred in the current fiscal year, such amounts as may

24 be necessary.

25 For making benefit payments under title IV of the

26 Federal Mine Safety and Health Act of 1977 for the first
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1 quarter of fiscal year 2002, $114,000,000, to remain

2 available until expended.

3 SUPPLEMENTAL SECURITY INCOME PROGRAM

4 For carrying out titles XI and XVI of the Social Se5 curity Act, section 401 of Public Law 92–603, section 212

6 of Public Law 93–66, as amended, and section 405 of

7 Public Law 95–216, including payment to the Social Secu8 rity trust funds for administrative expenses incurred pur9 suant to section 201(g)(1) of the Social Security Act,

10 $23,043,000,000, to remain available until expended: Pro11 vided, That any portion of the funds provided to a State

12 in the current fiscal year and not obligated by the State

13 during that year shall be returned to the Treasury.

14 In addition, $210,000,000, to remain available until

15 September 30, 2002, for payment to the Social Security

16 trust funds for administrative expenses for continuing dis17 ability reviews as authorized by section 103 of Public Law

18 104–121 and section 10203 of Public Law 105–33. The

19 term ‘‘continuing disability reviews’’ means reviews and

20 redeterminations as defined under section 201(g)(1)(A) of

21 the Social Security Act, as amended.

22 For making, after June 15 of the current fiscal year,

23 benefit payments to individuals under title XVI of the So24 cial Security Act, for unanticipated costs incurred for the

25 current fiscal year, such sums as may be necessary.
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1 For making benefit payments under title XVI of the

2 Social Security Act for the first quarter of fiscal year

3 2002, $10,470,000,000, to remain available until ex4 pended.

5 LIMITATION ON ADMINISTRATIVE EXPENSES

6 For necessary expenses, including the hire of two pas7 senger motor vehicles, and not to exceed $10,000 for offi8 cial reception and representation expenses, not more than

9 $6,583,000,000 may be expended, as authorized by sec10 tion 201(g)(1) of the Social Security Act, from any one

11 or all of the trust funds referred to therein: Provided, That

12 not less than $1,800,000 shall be for the Social Security

13 Advisory Board: Provided further, That unobligated bal14 ances at the end of fiscal year 2001 not needed for fiscal

15 year 2001 shall remain available until expended to invest

16 in the Social Security Administration information tech17 nology and telecommunications hardware and software in18 frastructure, including related equipment and non-payroll

19 administrative expenses associated solely with this infor20 mation technology and telecommunications infrastructure:

21 Provided further, That reimbursement to the trust funds

22 under this heading for expenditures for official time for

23 employees of the Social Security Administration pursuant

24 to section 7131 of title 5, United States Code, and for

25 facilities or support services for labor organizations pursu26 ant to policies, regulations, or procedures referred to in
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1 section 7135(b) of such title shall be made by the Sec2 retary of the Treasury, with interest, from amounts in the

3 general fund not otherwise appropriated, as soon as pos4 sible after such expenditures are made.

5 From funds provided under the previous paragraph,

6 notwithstanding the provision under this heading in Public

7 Law 106–113 regarding unobligated balances at the end

8 of fiscal year 2000 not needed for such fiscal year, an

9 amount not to exceed $50,000,000 from such unobligated

10 balances shall, in addition to funding already available

11 under this heading for fiscal year 2001, be available for

12 necessary expenses.

13 From funds provided under the first paragraph, not

14 less than $200,000,000 shall be available for conducting

15 continuing disability reviews.

16 In addition to funding already available under this

17 heading, and subject to the same terms and conditions,

18 $450,000,000, to remain available until September 30,

19 2002, for continuing disability reviews as authorized by

20 section 103 of Public Law 104–121 and section 10203 of

21 Public Law 105–33. The term ‘‘continuing disability re22 views’’ means reviews and redeterminations as defined

23 under section 201(g)(1)(A) of the Social Security Act, as

24 amended.
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1 In addition, $91,000,000 to be derived from adminis2 tration fees in excess of $5.00 per supplementary payment

3 collected pursuant to section 1616(d) of the Social Secu4 rity Act or section 212(b)(3) of Public Law 93–66, which

5 shall remain available until expended. To the extent that

6 the amounts collected pursuant to such section 1616(d)

7 or 212(b)(3) in fiscal year 2001 exceed $91,000,000, the

8 amounts shall be available in fiscal year 2002 only to the

9 extent provided in advance in appropriations Acts.

10 From funds previously appropriated for this purpose,

11 any unobligated balances at the end of fiscal year 2000

12 shall be available to continue Federal-State partnerships

13 which will evaluate means to promote Medicare buy-in pro14 grams targeted to elderly and disabled individuals under

15 titles XVIII and XIX of the Social Security Act.

16 From funds provided under the first paragraph, up

17 to $6,000,000 shall be available for implementation, devel18 opment, evaluation, and other costs associated with ad19 ministration of section 302 of the Ticket to Work and

20 Work Incentives Improvement Act.

21 OFFICE OF INSPECTOR GENERAL

22 (INCLUDING TRANSFER OF FUNDS)

23 For expenses necessary for the Office of Inspector

24 General in carrying out the provisions of the Inspector

25 General Act of 1978, as amended, $16,944,000, together

26 with not to exceed $52,500,000, to be transferred and ex-
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1 pended as authorized by section 201(g)(1) of the Social

2 Security Act from the Federal Old-Age and Survivors In3 surance Trust Fund and the Federal Disability Insurance

4 Trust Fund.

5 In addition, an amount not to exceed 3 percent of

6 the total provided in this appropriation may be transferred

7 from the ‘‘Limitation on Administrative Expenses’’, Social

8 Security Administration, to be merged with this account,

9 to be available for the time and purposes for which this

10 account is available: Provided, That notice of such trans11 fers shall be transmitted promptly to the Committees on

12 Appropriations of the House and Senate.

13 UNITED STATES INSTITUTE OF PEACE

14 OPERATING EXPENSES

15 For necessary expenses of the United States Institute

16 of Peace as authorized in the United States Institute of

17 Peace Act, $15,000,000.

18 TITLE V—GENERAL PROVISIONS

19 SEC. 501. The Secretaries of Labor, Health and

20 Human Services, and Education are authorized to transfer

21 unexpended balances of prior appropriations to accounts

22 corresponding to current appropriations provided in this

23 Act: Provided, That such transferred balances are used for

24 the same purpose, and for the same periods of time, for

25 which they were originally appropriated.
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1 SEC. 502. No part of any appropriation contained in

2 this Act shall remain available for obligation beyond the

3 current fiscal year unless expressly so provided herein.

4 SEC. 503. (a) No part of any appropriation contained

5 in this Act shall be used, other than for normal and recog6 nized executive-legislative relationships, for publicity or

7 propaganda purposes, for the preparation, distribution, or

8 use of any kit, pamphlet, booklet, publication, radio, tele9 vision, or video presentation designed to support or defeat

10 legislation pending before the Congress or any State legis11 lature, except in presentation to the Congress or any State

12 legislature itself.

13 (b) No part of any appropriation contained in this

14 Act shall be used to pay the salary or expenses of any

15 grant or contract recipient, or agent acting for such recipi16 ent, related to any activity designed to influence legislation

17 or appropriations pending before the Congress or any

18 State legislature.

19 SEC. 504. The Secretaries of Labor and Education

20 are authorized to make available not to exceed $20,000

21 and $15,000, respectively, from funds available for sala22 ries and expenses under titles I and III, respectively, for

23 official reception and representation expenses; the Direc24 tor of the Federal Mediation and Conciliation Service is

25 authorized to make available for official reception and rep-
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1 resentation expenses not to exceed $2,500 from the funds

2 available for ‘‘Salaries and expenses, Federal Mediation

3 and Conciliation Service’’; and the Chairman of the Na4 tional Mediation Board is authorized to make available for

5 official reception and representation expenses not to ex6 ceed $2,500 from funds available for ‘‘Salaries and ex7 penses, National Mediation Board’’.

8 SEC. 505. Notwithstanding any other provision of

9 this Act, no funds appropriated under this Act shall be

10 used to carry out any program of distributing sterile nee11 dles or syringes for the hypodermic injection of any illegal

12 drug.

13 SEC. 506. (a) It is the sense of the Congress that,

14 to the greatest extent practicable, all equipment and prod15 ucts purchased with funds made available in this Act

16 should be American-made.

17 (b) In providing financial assistance to, or entering

18 into any contract with, any entity using funds made avail19 able in this Act, the head of each Federal agency, to the

20 greatest extent practicable, shall provide to such entity a

21 notice describing the statement made in subsection (a) by

22 the Congress.

23 (c) If it has been finally determined by a court or

24 Federal agency that any person intentionally affixed a

25 label bearing a ‘‘Made in America’’ inscription, or any in-
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1 scription with the same meaning, to any product sold in

2 or shipped to the United States that is not made in the

3 United States, the person shall be ineligible to receive any

4 contract or subcontract made with funds made available

5 in this Act, pursuant to the debarment, suspension, and

6 ineligibility procedures described in sections 9.400 through

7 9.409 of title 48, Code of Federal Regulations.

8 SEC. 507. When issuing statements, press releases,

9 requests for proposals, bid solicitations and other docu10 ments describing projects or programs funded in whole or

11 in part with Federal money, all grantees receiving Federal

12 funds included in this Act, including but not limited to

13 State and local governments and recipients of Federal re14 search grants, shall clearly state: (1) the percentage of the

15 total costs of the program or project which will be financed

16 with Federal money; (2) the dollar amount of Federal

17 funds for the project or program; and (3) percentage and

18 dollar amount of the total costs of the project or program

19 that will be financed by non-governmental sources.

20 SEC. 508. (a) None of the funds appropriated under

21 this Act, and none of the funds in any trust fund to which

22 funds are appropriated under this Act, shall be expended

23 for any abortion.

24 (b) None of the funds appropriated under this Act,

25 and none of the funds in any trust fund to which funds
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1 are appropriated under this Act, shall be expended for

2 health benefits coverage that includes coverage of abor3 tion.

4 (c) The term ‘‘health benefits coverage’’ means the

5 package of services covered by a managed care provider

6 or organization pursuant to a contract or other arrange7 ment.

8 SEC. 509. (a) The limitations established in the pre9 ceding section shall not apply to an abortion—

10 (1) if the pregnancy is the result of an act of

11 rape or incest; or

12 (2) in the case where a woman suffers from a

13 physical disorder, physical injury, or physical illness,

14 including a life-endangering physical condition

15 caused by or arising from the pregnancy itself, that

16 would, as certified by a physician, place the woman

17 in danger of death unless an abortion is performed.

18 (b) Nothing in the preceding section shall be con19 strued as prohibiting the expenditure by a State, locality,

20 entity, or private person of State, local, or private funds

21 (other than a State’s or locality’s contribution of Medicaid

22 matching funds).

23 (c) Nothing in the preceding section shall be con24 strued as restricting the ability of any managed care pro25 vider from offering abortion coverage or the ability of a
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1 State or locality to contract separately with such a pro2 vider for such coverage with State funds (other than a

3 State’s or locality’s contribution of Medicaid matching

4 funds).

5 SEC. 510. (a) None of the funds made available in

6 this Act may be used for—

7 (1) the creation of a human embryo or embryos

8 for research purposes; or

9 (2) research in which a human embryo or em10 bryos are destroyed, discarded, or knowingly sub11 jected to risk of injury or death greater than that

12 allowed for research on fetuses in utero under 45

13 CFR 46.208(a)(2) and section 498(b) of the Public

14 Health Service Act (42 U.S.C. 289g(b)).

15 (b) For purposes of this section, the term ‘‘human

16 embryo or embryos’’ includes any organism, not protected

17 as a human subject under 45 CFR 46 as of the date of

18 the enactment of this Act, that is derived by fertilization,

19 parthenogenesis, cloning, or any other means from one or

20 more human gametes or human diploid cells.

21 SEC. 511. (a) None of the funds made available in

22 this Act may be used for any activity that promotes the

23 legalization of any drug or other substance included in

24 schedule I of the schedules of controlled substances estab-
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1 lished by section 202 of the Controlled Substances Act (21

2 U.S.C. 812).

3 (b) The limitation in subsection (a) shall not apply

4 when there is significant medical evidence of a therapeutic

5 advantage to the use of such drug or other substance or

6 that federally sponsored clinical trials are being conducted

7 to determine therapeutic advantage.

8 SEC. 512. None of the funds made available in this

9 Act may be obligated or expended to enter into or renew

10 a contract with an entity if—

11 (1) such entity is otherwise a contractor with

12 the United States and is subject to the requirement

13 in section 4212(d) of title 38, United States Code,

14 regarding submission of an annual report to the Sec15 retary of Labor concerning employment of certain

16 veterans; and

17 (2) such entity has not submitted a report as

18 required by that section for the most recent year for

19 which such requirement was applicable to such enti20 ty.

21 SEC. 513. (a) Section 403(a)(5)(H)(iii) of the Social

22 Security Act (42 U.S.C. 603(a)(5)(H)(iii)) is amended by

23 striking ‘‘2001’’ and inserting ‘‘2005’’.
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1 (b) Section 403(a)(5)(H) of such Act (42 U.S.C.

2 603(a)(5)(G)) is amended by adding at the end the fol3 lowing:

4 ‘‘(iv) INTERIM REPORT.—Not later

5 than January 1, 2002, the Secretary shall

6 submit to the Congress an interim report

7 on the evaluations referred to in clause

8 (i).’’.

9 SEC. 514. None of the funds made available in this

10 Act may be used to promulgate or adopt any final stand11 ard under section 1173(b) of the Social Security Act (42

12 U.S.C. 1320d–2(b)) providing for, or providing for the as13 signment of, a unique health identifier for an individual

14 (except in an individual’s capacity as an employer or a

15 health care provider), until legislation is enacted specifi16 cally approving the standard.

17 SEC. 515. Section 410(b) of The Ticket to Work and

18 Work Incentives Improvement Act of 1999 (Public Law

19 106–170) is amended by striking ‘‘2009’’ both places it

20 appears and inserting ‘‘2001’’.

21 SEC. 516. (a) HUMAN PAPILLOMAVIRUS.—Part B of

22 title III of the Public Health Services Act (42 U.S.C. 243

23 et seq.) is amended by inserting before section 318 the

24 following section:

25 ‘‘HUMAN PAPILLOMAVIRUS

26 ‘‘SEC. 317P. (a) SURVEILLANCE.—
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1 ‘‘(1) IN GENERAL.—The Secretary, acting

2 through the Centers for Disease Control and Preven3 tion, shall—

4 ‘‘(A) enter into cooperative agreements

5 with States and other entities to conduct sen6 tinel surveillance or other special studies that

7 would determine the prevalence in various age

8 groups and populations of specific types of

9 human papillomavirus (referred to in this sec10 tion as ‘HPV’) in different sites in various re11 gions of the United States, through collection of

12 special specimens for HPV using a variety of

13 laboratory-based testing and diagnostic tools;

14 and

15 ‘‘(B) develop and analyze data from the

16 HPV sentinel surveillance system described in

17 subparagraph (A).

18 ‘‘(2) REPORT.—The Secretary shall make a

19 progress report to the Congress with respect to

20 paragraph (1) no later than 1 year after the effec21 tive date of this section.

22 ‘‘(b) PREVENTION ACTIVITIES; EDUCATION PRO23 GRAM.—

24 ‘‘(1) IN GENERAL.—The Secretary, acting

25 through the Centers for Disease Control and Preven-
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1 tion, shall conduct prevention research on HPV,

2 including—

3 ‘‘(A) behavioral and other research on the

4 impact of HPV-related diagnosis on individuals;

5 ‘‘(B) formative research to assist with the

6 development of educational messages and infor7 mation for the public, for patients, and for their

8 partners about HPV;

9 ‘‘(C) surveys of physician and public

10 knowledge, attitudes, and practices about gen11 ital HPV infection; and

12 ‘‘(D) upon the completion of and based on

13 the findings under subparagraphs (A) through

14 (C), develop and disseminate educational mate15 rials for the public and health care providers re16 garding HPV and its impact and prevention.

17 ‘‘(2) REPORT; FINAL PROPOSAL.—The Sec18 retary shall make a progress report to the Congress

19 with respect to paragraph (1) not later than 1 year

20 after the effective date of this section, and shall de21 velop a final report not later than 3 years after such

22 effective date, including a detailed summary of the

23 significant findings and problems and the best strat24 egies to prevent future infections, based on available

25 science.
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1 ‘‘(c) HPV EDUCATION AND PREVENTION.—

2 ‘‘(1) IN GENERAL.—The Secretary shall pre3 pare and distribute educational materials for health

4 care providers and the public that include informa5 tion on HPV. Such materials shall address—

6 ‘‘(A) modes of transmission;

7 ‘‘(B) consequences of infection, including

8 the link between HPV and cervical cancer;

9 ‘‘(C) the available scientific evidence on the

10 effectiveness or lack of effectiveness of condoms

11 in preventing infection with HPV; and

12 ‘‘(D) the importance of regular Pap

13 smears, and other diagnostics for early inter14 vention and prevention of cervical cancer pur15 poses in preventing cervical cancer.

16 ‘‘(2) MEDICALLY ACCURATE INFORMATION.—

17 Educational material under paragraph (1), and all

18 other relevant educational and prevention materials

19 prepared and printed from this date forward for the

20 public and health care providers by the Secretary

21 (including materials prepared through the Food and

22 Drug Administration, the Centers for Disease Con23 trol and Prevention, and the Health Resources and

24 Services Administration), or by contractors, grant25 ees, or subgrantees thereof, that are specifically de-
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1 signed to address STDs including HPV shall contain

2 medically accurate information regarding the effec3 tiveness or lack of effectiveness of condoms in pre4 venting the STD the materials are designed to ad5 dress. Such requirement only applies to materials

6 mass produced for the public and health care pro7 viders, and not to routine communications.’’.

8 (b) LABELING OF CONDOMS.—The Secretary of

9 Health and Human Services shall reexamine existing

10 condom labels that are authorized pursuant to the Federal

11 Food, Drug, and Cosmetic Act to determine whether the

12 labels are medically accurate regarding the overall effec13 tiveness or lack of effectiveness of condoms in preventing

14 sexually transmitted diseases, including HPV.

15 SEC. 517. Section 403(o) of the Food, Drug, and

16 Cosmetic Act (21 U.S.C. 343(o)) is repealed. Subsections

17 (c) and (d) of section 4 of the Saccharin Study and Label18 ing Act are repealed.

19 SEC. 518. (a) Title VIII of the Social Security Act

20 is amended by inserting after section 810 (42 U.S.C.

21 1010) the following new section:

22 ‘‘SEC. 810A. OPTIONAL FEDERAL ADMINISTRATION OF

23 STATE RECOGNITION PAYMENTS.

24 ‘‘(a) IN GENERAL.—The Commissioner of Social Se25 curity may enter into an agreement with any State (or
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1 political subdivision thereof ) that provides cash payments

2 on a regular basis to individuals entitled to benefits under

3 this title under which the Commissioner of Social Security

4 shall make such payments on behalf of such State (or sub5 division).

6 ‘‘(b) AGREEMENT TERMS.—

7 ‘‘(1) IN GENERAL.—Such agreement shall in8 clude such terms as the Commissioner of Social Se9 curity finds necessary to achieve efficient and effec10 tive administration of both this title and the State

11 program.

12 ‘‘(2) FINANCIAL TERMS.—Such agreement shall

13 provide for the State to pay the Commissioner of So14 cial Security, at such times and in such installments

15 as the parties may specify—

16 ‘‘(A) an amount equal to the expenditures

17 made by the Commissioner of Social Security

18 pursuant to such agreement as payments to in19 dividuals on behalf of such State; and

20 ‘‘(B) an administration fee to reimburse

21 the administrative expenses incurred by the

22 Commissioner of Social Security in making pay23 ments to individuals on behalf of the State.

24 ‘‘(c) SPECIAL DISPOSITION OF ADMINISTRATION

25 FEES.—Administration fees, upon collection, shall be
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1 credited to a special fund established in the Treasury of

2 the United States for State recognition payments for cer3 tain World War II veterans. The amounts so credited, to

4 the extent and in the amounts provided in advance in ap5 propriations Acts, shall be available to defray expenses in6 curred in carrying out this title.’’.

7 (b) CONFORMING AMENDMENTS.—

8 (1) The table of contents of title VIII of the So9 cial Security Act is amended by inserting after

‘‘Sec. 810. Other administrative provisions.’’

10 the following:

‘‘Sec. 810A. Optional Federal administration of State recognition payments.’’.

11 (2) Section 1129A(e) of the Social Security Act

12 (42 U.S.C. 1320a–8a(e)) is amended—

13 (A) by inserting ‘‘VIII or’’ after ‘‘benefits

14 under’’;

15 (B) by inserting ‘‘810A or’’ after ‘‘agree16 ment under section’’;

17 (C) by inserting ‘‘1010A or’’ before

18 ‘‘1382(e)(a)’’; and

19 (D) by inserting ‘‘, as the case may be’’

20 immediately before the period.

21 SEC. 519. Section 1612(a)(1) of the Social Security

22 Act (42 U.S.C. 1382(a) is amended—
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1 (1) in subparagraph (A), by inserting ‘‘but

2 without the application of section 210( j)(3)’’ imme3 diately before the semicolon; and

4 (2) in subparagraph (B), by—

5 (A) striking ‘‘and the last’’ and inserting

6 ‘‘the last’’; and

7 (B) inserting ‘‘, and section 210( j)(3)’’

8 after ‘‘subsection (a)’’.

9 SEC. 520. Amounts made available under this Act for

10 the administrative and related expenses for departmental

11 management for the Department of Labor, the Depart12 ment of Health and Human Services, and the Department

13 of Education shall be reduced on a pro rata basis by

14 $25,000,000: Provided, That this provision shall not apply

15 to the Food and Drug Administration and the Indian

16 Health Service.

17 TITLE VI—ASSETS FOR INDEPENDENCE

18 SEC. 601. SHORT TITLE.

19 This title may be cited as the ‘‘Assets for Independ20 ence Act Amendments of 2000’’.

21 SEC. 602. MATCHING CONTRIBUTIONS UNAVAILABLE FOR

22 EMERGENCY WITHDRAWALS.

23 Section 404(5)(A)(v) of the Assets for Independence

24 Act (42 U.S.C. 604 note) is amended by striking ‘‘, or
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1 enabling the eligible individual to make an emergency

2 withdrawal’’.

3 SEC. 603. ADDITIONAL QUALIFIED ENTITIES.

4 Section 404(7)(A) of the Assets for Independence Act

5 (42 U.S.C. 604 note) is amended—

6 (1) in clause (i), by striking ‘‘or’’ at the end

7 thereof;

8 (2) in clause (ii), by striking the period at the

9 end and inserting ‘‘; or’’; and

10 (3) by adding at the end the following new

11 clause:

12 ‘‘(iii) an entity that—

13 ‘‘(I) is—

14 ‘‘(aa) a credit union des15 ignated as a low-income credit

16 union by the National Credit

17 Union Administration (NCUA);

18 or

19 ‘‘(bb) an organization des20 ignated as a community develop21 ment financial institution by the

22 Secretary of the Treasury (or the

23 Community Development Finan24 cial Institutions Fund); and
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1 ‘‘(II) can demonstrate a collabo2 rative relationship with a local com3 munity-based organization whose ac4 tivities are designed to address pov5 erty in the community and the needs

6 of community members for economic

7 independence and stability.’’.

8 SEC. 604. HOME PURCHASE COSTS.

9 Section 404(8)(B)(i) of the Assets for Independence

10 Act (42 U.S.C. 604 note) is amended by striking ‘‘100’’

11 and inserting ‘‘120’’.

12 SEC. 605. INCREASED SET-ASIDE FOR ECONOMIC LITERACY

13 TRAINING AND ADMINISTRATIVE COSTS.

14 Section 407(c)(3) of the Assets for Independence Act

15 (42 U.S.C. 604 note) is amended—

16 (1) by striking ‘‘9.5’’ and inserting ‘‘15’’; and

17 (2) by inserting after the first sentence the fol18 lowing: ‘‘Of the total amount specified in this para19 graph, not more than 7.5 percent shall be used for

20 administrative functions under paragraph (1)(C), in21 cluding program management, reporting require22 ments, recruitment and enrollment of individuals,

23 and monitoring. The remainder of the total amount

24 specified in this paragraph (not including the

25 amount specified for use for the purposes described
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1 in paragraph (1)(D)) shall be used for nonadminis2 trative functions described in paragraph (1)(A), in3 cluding case management, budgeting, economic lit4 eracy, and credit counseling. If the cost of non5 administrative functions described in paragraph

6 (1)(A) is less than 5.5 percent of the total amount

7 specified in this paragraph, such excess funds may

8 be used for administrative functions.’’.

9 SEC. 606. ALTERNATIVE ELIGIBILITY CRITERIA.

10 Section 408(a)(1) of the Assets for Independence Act

11 (42 U.S.C. 604 note) is amended by striking ‘‘does not

12 exceed’’ and inserting ‘‘is equal to or less than 200 percent

13 of the poverty line (as determined by the Office of Man14 agement and Budget) or’’.

15 SEC. 607. REVISED ANNUAL PROGRESS REPORT DEADLINE.

16 (a) IN GENERAL.—Section 412(c) of the Assets for

17 Independence Act (42 U.S.C. 604 note) is amended by

18 striking ‘‘calendar’’ and inserting ‘‘project’’.

19 (b) TRANSITIONAL DEADLINE.—Notwithstanding the

20 amendment made by subsection (a), the submission of the

21 initial report of a qualified entity under section 412(c)

22 shall not be required prior to the date that is 90 days

23 after the date of enactment of this title.
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1 SEC. 608. REVISED INTERIM EVALUATION REPORT DEAD2 LINE.

3 (a) IN GENERAL.—Section 414(d)(1) of the Assets

4 for Independence Act (42 U.S.C. 604 note) is amended

5 by striking ‘‘calendar’’ and inserting ‘‘project’’.

6 (b) TRANSITIONAL DEADLINE.—Notwithstanding the

7 amendment made by subsection (a), the submission of the

8 initial interim report of the Secretary under section 412(c)

9 shall not be required prior to the date that is 90 days

10 after the date of enactment of this title.

11 SEC. 609. INCREASED APPROPRIATIONS FOR EVALUATION

12 EXPENSES.

13 Subsection (e) of section 414 of the Assets for Inde14 pendence Act (42 U.S.C. 604 note) is amended to read

15 as follows:

16 ‘‘(e) EVALUATION EXPENSES.—Of the amount ap17 propriated under section 416 for a fiscal year, the Sec18 retary may expend not more than $500,000 for such fiscal

19 year to carry out the objectives of this section.’’.

20 SEC. 610. NO REDUCTION IN BENEFITS.

21 Section 415 of the Assets for Independence Act (42

22 U.S.C. 604 note) is amended to read as follows:

23 ‘‘SEC. 415. NO REDUCTION IN BENEFITS.

24 ‘‘Notwithstanding any other provision of Federal law

25 (other than the Internal Revenue Code of 1986) that re26 quires consideration of one or more financial cir-
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1 cumstances of an individual, for the purpose of deter2 mining eligibility to receive, or the amount of, any assist3 ance or benefit authorized by such law to be provided to

4 or for the benefit of such individual, funds (including in5 terest accruing) in an individual development account

6 under this Act shall be disregarded for such purpose with

7 respect to any period during which such individual main8 tains or makes contributions into such an account.’’.

9 TITLE VII—PHYSICAL EDUCATION FOR

10 PROGRESS ACT

11 SEC. 701. PHYSICAL EDUCATION FOR PROGRESS.

12 Title X of the Elementary and Secondary Education Act

13 of 1965 (20 U.S.C. 8001 et seq.) is amended by adding

14 at the end the following:

15 ‘‘PART L—PHYSICAL EDUCATION FOR PROGRESS

16 ‘‘SEC. 10999A. SHORT TITLE.

17 ‘‘This part may be cited as the ‘Physical Education

18 for Progress Act’.

19 ‘‘SEC. 10999B. PURPOSE.

20 ‘‘The purpose of this part is to award grants and con21 tracts to local educational agencies to enable the local edu22 cational agencies to initiate, expand and improve physical

23 education programs for all kindergarten through 12th

24 grade students.
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1 ‘‘SEC. 10999C. FINDINGS.

2 ‘‘Congress makes the following findings:

3 ‘‘(1) Physical education is essential to the devel4 opment of growing children.

5 ‘‘(2) Physical education helps improve the over6 all health of children by improving their cardio7 vascular endurance, muscular strength and power,

8 and flexibility, and by enhancing weight regulation,

9 bone development, posture, skillful moving, active

10 lifestyle habits, and constructive use of leisure time.

11 ‘‘(3) Physical education helps improve the self

12 esteem, interpersonal relationships, responsible be13 havior, and independence of children.

14 ‘‘(4) Children who participate in high quality

15 daily physical education programs tend to be more

16 healthy and physically fit.

17 ‘‘(5) The percentage of young people who are

18 overweight has more than doubled in the 30 years

19 preceding 1999.

20 ‘‘(6) Low levels of activity contribute to the

21 high prevalence of obesity among children in the

22 United States.

23 ‘‘(7) Obesity related diseases cost the United

24 States economy more than $100,000,000,000 every

25 year.
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1 ‘‘(8) Inactivity and poor diet cause at least

2 300,000 deaths a year in the United States.

3 ‘‘(9) Physically fit adults have significantly re4 duced risk factors for heart attacks and stroke.

5 ‘‘(10) Children are not as active as they should

6 be and fewer than one in four children get 20 min7 utes of vigorous activity every day of the week.

8 ‘‘(11) The Surgeon General’s 1996 Report on

9 Physical Activity and Health, and the Centers for

10 Disease Control and Prevention, recommend daily

11 physical education for all students in kindergarten

12 through grade 12.

13 ‘‘(12) Twelve years after Congress passed

14 House Concurrent Resolution 97, 100th Congress,

15 agreed to December 11, 1987, encouraging State

16 and local governments and local educational agencies

17 to provide high quality daily physical education pro18 grams for all children in kindergarten through grade

19 12, little progress has been made.

20 ‘‘(13) Every student in our Nation’s schools,

21 from kindergarten through grade 12, should have

22 the opportunity to participate in quality physical

23 education. It is the unique role of quality physical

24 education programs to develop the health-related fit25 ness, physical competence, and cognitive under-
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1 standing about physical activity for all students so

2 that the students can adopt healthy and physically

3 active lifestyles.

4 ‘‘SEC. 10999D. PROGRAM AUTHORIZED.

5 ‘‘The Secretary is authorized to award grants to, and

6 enter into contracts with, local educational agencies to pay

7 the Federal share of the costs of initiating, expanding, and

8 improving physical education programs for kindergarten

9 through grade 12 students by—

10 ‘‘(1) providing equipment and support to enable

11 students to actively participate in physical education

12 activities; and

13 ‘‘(2) providing funds for staff and teacher

14 training and education.

15 ‘‘SEC. 10999E. APPLICATIONS; PROGRAM ELEMENTS.

16 ‘‘(a) APPLICATIONS.—Each local educational agency

17 desiring a grant or contract under this part shall submit

18 to the Secretary an application that contains a plan to

19 initiate, expand, or improve physical education programs

20 in the schools served by the agency in order to make

21 progress toward meeting State standards for physical edu22 cation.

23 ‘‘(b) PROGRAM ELEMENTS.—A physical education

24 program described in any application submitted under

25 subsection (a) may provide—
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1 ‘‘(1) fitness education and assessment to help

2 children understand, improve, or maintain their

3 physical well-being;

4 ‘‘(2) instruction in a variety of motor skills and

5 physical activities designed to enhance the physical,

6 mental, and social or emotional development of every

7 child;

8 ‘‘(3) development of cognitive concepts about

9 motor skill and physical fitness that support a life10 long healthy lifestyle;

11 ‘‘(4) opportunities to develop positive social and

12 cooperative skills through physical activity participa13 tion;

14 ‘‘(5) instruction in healthy eating habits and

15 good nutrition; and

16 ‘‘(6) teachers of physical education the oppor17 tunity for professional development to stay abreast

18 of the latest research, issues, and trends in the field

19 of physical education.

20 ‘‘(c) SPECIAL RULE.—For the purpose of this part,

21 extracurricular activities such as team sports and Reserve

22 Officers’ Training Corps (ROTC) program activities shall

23 not be considered as part of the curriculum of a physical

24 education program assisted under this part.
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1 ‘‘SEC. 10999F. PROPORTIONALITY.

2 ‘‘The Secretary shall ensure that grants awarded and

3 contracts entered into under this part shall be equitably

4 distributed between local educational agencies serving

5 urban and rural areas, and between local educational

6 agencies serving large and small numbers of students.

7 ‘‘SEC. 10999G. PRIVATE SCHOOL STUDENTS AND HOME8 SCHOOLED STUDENTS.

9 ‘‘An application for funds under this part may pro10 vide for the participation, in the activities funded under

11 this part, of—

12 ‘‘(1) home-schooled children, and their parents

13 and teachers; or

14 ‘‘(2) children enrolled in private nonprofit ele15 mentary schools or secondary schools, and their par16 ents and teachers.

17 ‘‘SEC. 10999H. REPORT REQUIRED FOR CONTINUED FUND18 ING.

19 ‘‘As a condition to continue to receive grant or con20 tract funding after the first year of a multiyear grant or

21 contract under this part, the administrator of the grant

22 or contract for the local educational agency shall submit

23 to the Secretary an annual report that describes the activi24 ties conducted during the preceding year and dem25 onstrates that progress has been made toward meeting

26 State standards for physical education.
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1 ‘‘SEC. 10999I. REPORT TO CONGRESS.

2 ‘‘The Secretary shall submit a report to Congress not

3 later than June 1, 2003, that describes the programs as4 sisted under this part, documents the success of such pro5 grams in improving physical fitness, and makes such rec6 ommendations as the Secretary determines appropriate for

7 the continuation and improvement of the programs as8 sisted under this part.

9 ‘‘SEC. 10999J. ADMINISTRATIVE COSTS.

10 ‘‘Not more than 5 percent of the grant or contract

11 funds made available to a local educational agency under

12 this part for any fiscal year may be used for administra13 tive costs.

14 ‘‘SEC. 10999K. FEDERAL SHARE; SUPPLEMENT NOT SUP15 PLANT.

16 ‘‘(a) FEDERAL SHARE.—The Federal share under

17 this part may not exceed—

18 ‘‘(1) 90 percent of the total cost of a project for

19 the first year for which the project receives assist20 ance under this part; and

21 ‘‘(2) 75 percent of such cost for the second and

22 each subsequent such year.

23 ‘‘(b) SUPPLEMENT NOT SUPPLANT.—Funds made

24 available under this part shall be used to supplement and

25 not supplant other Federal, State and local funds available

26 for physical education activities.
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1 ‘‘SEC. 10999L. AUTHORIZATION OF APPROPRIATIONS.

2 ‘‘There are authorized to be appropriated

3 $30,000,000 for fiscal year 2001, $70,000,000 for fiscal

4 year 2002, and $100,000,000 for each of the fiscal years

5 2003 through 2005, to carry out this part. Such funds

6 shall remain available until expended.’’.

7 TITLE VIII—EARLY LEARNING OPPORTUNITIES

8 SEC. 801. SHORT TITLE; FINDINGS.

9 (a) SHORT TITLE.—This title may be cited as the

10 ‘‘Early Learning Opportunities Act’’.

11 (b) FINDINGS.—Congress finds that—

12 (1) medical research demonstrates that ade13 quate stimulation of a young child’s brain between

14 birth and age 5 is critical to the physical develop15 ment of the young child’s brain;

16 (2) parents are the most significant and effec17 tive teachers of their children, and they alone are re18 sponsible for choosing the best early learning oppor19 tunities for their child;

20 (3) parent education and parent involvement

21 are critical to the success of any early learning pro22 gram or activity;

23 (4) the more intensively parents are involved in

24 their child’s early learning, the greater the cognitive

25 and noncognitive benefits to their children;
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1 (5) many parents have difficulty finding the in2 formation and support the parents seek to help their

3 children grow to their full potential;

4 (6) each day approximately 13,000,000 young

5 children, including 6,000,000 infants or toddlers,

6 spend some or all of their day being cared for by

7 someone other than their parents;

8 (7) quality early learning programs, including

9 those designed to promote effective parenting, can

10 increase the literacy rate, the secondary school grad11 uation rate, the employment rate, and the college en12 rollment rate for children who have participated in

13 voluntary early learning programs and activities;

14 (8) early childhood interventions can yield sub15 stantial advantages to participants in terms of emo16 tional and cognitive development, education, eco17 nomic well-being, and health, with the latter two ad18 vantages applying to the children’s families as well;

19 (9) participation in quality early learning pro20 grams, including those designed to promote effective

21 parenting, can decrease the future incidence of teen22 age pregnancy, welfare dependency, at-risk behav23 iors, and juvenile delinquency for children;

24 (10) several cost-benefit analysis studies indi25 cate that for each $1 invested in quality early learn-
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1 ing programs, the Federal Government can save over

2 $5 by reducing the number of children and families

3 who participate in Federal Government programs

4 like special education and welfare;

5 (11) for children placed in the care of others

6 during the workday, the low salaries paid to the

7 child care staff, the lack of career progression for

8 the staff, and the lack of child development special9 ists involved in early learning and child care pro10 grams, make it difficult to attract and retain the

11 quality of staff necessary for a positive early learn12 ing experience;

13 (12) Federal Government support for early

14 learning has primarily focused on out-of-home care

15 programs like those established under the Head

16 Start Act, the Child Care and Development Block

17 Grant of 1990, and part C of the Individuals with

18 Disabilities Education Act, and these programs—

19 (A) serve far fewer than half of all eligible

20 children;

21 (B) are not primarily designed to provide

22 support for parents who care for their young

23 children in the home; and

24 (C) lack a means of coordinating early

25 learning opportunities in each community; and
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1 (13) by helping communities increase, expand,

2 and better coordinate early learning opportunities

3 for children and their families, the productivity and

4 creativity of future generations will be improved, and

5 the Nation will be prepared for continued leadership

6 in the 21st century.

7 SEC. 802. PURPOSES.

8 The purposes of this title are—

9 (1) to increase the availability of voluntary pro10 grams, services, and activities that support early

11 childhood development, increase parent effectiveness,

12 and promote the learning readiness of young chil13 dren so that young children enter school ready to

14 learn;

15 (2) to support parents, child care providers, and

16 caregivers who want to incorporate early learning ac17 tivities into the daily lives of young children;

18 (3) to remove barriers to the provision of an ac19 cessible system of early childhood learning programs

20 in communities throughout the United States;

21 (4) to increase the availability and affordability

22 of professional development activities and compensa23 tion for caregivers and child care providers; and

24 (5) to facilitate the development of community25 based systems of collaborative service delivery mod-
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1 els characterized by resource sharing, linkages be2 tween appropriate supports, and local planning for

3 services.

4 SEC. 803. DEFINITIONS.

5 In this title:

6 (1) CAREGIVER.—The term ‘‘caregiver’’ means

7 an individual, including a relative, neighbor, or fam8 ily friend, who regularly or frequently provides care,

9 with or without compensation, for a child for whom

10 the individual is not the parent.

11 (2) CHILD CARE PROVIDER.—The term ‘‘child

12 care provider’’ means a provider of non-residential

13 child care services (including center-based, family14 based, and in-home child care services) for com15 pensation who or that is legally operating under

16 State law, and complies with applicable State and

17 local requirements for the provision of child care

18 services.

19 (3) EARLY LEARNING.—The term ‘‘early

20 learning’’, used with respect to a program or activ21 ity, means learning designed to facilitate the devel22 opment of cognitive, language, motor, and social23 emotional skills for, and to promote learning readi24 ness in, young children.
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1 (4) EARLY LEARNING PROGRAM.—The term

2 ‘‘early learning program’’ means—

3 (A) a program of services or activities that

4 helps parents, caregivers, and child care pro5 viders incorporate early learning into the daily

6 lives of young children; or

7 (B) a program that directly provides early

8 learning to young children.

9 (5) INDIAN TRIBE.—The term ‘‘Indian tribe’’

10 has the meaning given the term in section 4 of the

11 Indian Self-Determination and Education Assistance

12 Act (25 U.S.C. 450b).

13 (6) LOCAL COUNCIL.—The term ‘‘Local Coun14 cil’’ means a Local Council established or designated

15 under section 814(a) that serves one or more local16 ities.

17 (7) LOCALITY.—The term ‘‘locality’’ means a

18 city, county, borough, township, or area served by

19 another general purpose unit of local government, an

20 Indian tribe, a Regional Corporation, or a Native

21 Hawaiian entity.

22 (8) PARENT.—The term ‘‘parent’’ means a bio23 logical parent, an adoptive parent, a stepparent, a

24 foster parent, or a legal guardian of, or a person

25 standing in loco parentis to, a child.
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1 (9) POVERTY LINE.—The term ‘‘poverty line’’

2 means the poverty line (as defined by the Office of

3 Management and Budget, and revised annually in

4 accordance with section 673(2) of the Community

5 Services Block Grant Act (42 U.S.C. 9902(2))) ap6 plicable to a family of the size involved.

7 (10) REGIONAL CORPORATION.—The term ‘‘Re8 gional Corporation’’ means an entity listed in section

9 419(4)(B) of the Social Security Act (42 U.S.C.

10 619(4)(B)).

11 (11) SECRETARY.—The term ‘‘Secretary’’

12 means the Secretary of Health and Human Services.

13 (12) STATE.—The term ‘‘State’’ means each of

14 the several States of the United States, the District

15 of Columbia, and the Commonwealth of Puerto Rico.

16 (13) TRAINING.—The term ‘‘training’’ means

17 instruction in early learning that—

18 (A) is required for certification under

19 State and local laws, regulations, and policies;

20 (B) is required to receive a nationally or

21 State recognized credential or its equivalent;

22 (C) is received in a postsecondary edu23 cation program focused on early learning or

24 early childhood development in which the indi25 vidual is enrolled; or
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1 (D) is provided, certified, or sponsored by

2 an organization that is recognized for its exper3 tise in promoting early learning or early child4 hood development.

5 (14) YOUNG CHILD.—The term ‘‘young child’’

6 means any child from birth to the age of mandatory

7 school attendance in the State where the child re8 sides.

9 SEC. 804. PROHIBITIONS.

10 (a) PARTICIPATION NOT REQUIRED.—No person, in11 cluding a parent, shall be required to participate in any

12 program of early childhood education, early learning, par13 ent education, or developmental screening pursuant to the

14 provisions of this title.

15 (b) RIGHTS OF PARENTS.—Nothing in this title shall

16 be construed to affect the rights of parents otherwise es17 tablished in Federal, State, or local law.

18 (c) PARTICULAR METHODS OR SETTINGS.—No entity

19 that receives funds under this title shall be required to

20 provide services under this title through a particular in21 structional method or in a particular instructional setting

22 to comply with this title.

23 (d) NONDUPLICATION.—No funds provided under

24 this title shall be used to carry out an activity funded

25 under another provision of law providing for Federal child
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1 care or early learning programs, unless an expansion of

2 such activity is identified in the local needs assessment

3 and performance goals under this title.

4 SEC. 805. AUTHORIZATION AND APPROPRIATION OF

5 FUNDS.

6 There are authorized to be appropriated to the De7 partment of Health and Human Services to carry out this

8 title—

9 (1) $750,000,000 for fiscal year 2001;

10 (2) $1,000,000,000 for fiscal year 2002;

11 (3) $1,500,000,000 for fiscal year 2003; and

12 (4) such sums as may be necessary for each of

13 the fiscal years 2004 and 2005.

14 SEC. 806. COORDINATION OF FEDERAL PROGRAMS.

15 (a) COORDINATION.—The Secretary and the Sec16 retary of Education shall develop mechanisms to resolve

17 administrative and programmatic conflicts between Fed18 eral programs that would be a barrier to parents, care19 givers, service providers, or children related to the coordi20 nation of services and funding for early learning pro21 grams.

22 (b) USE OF EQUIPMENT AND SUPPLIES.—In the case

23 of a collaborative activity funded under this title and an24 other provision of law providing for Federal child care or

25 early learning programs, the use of equipment and
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1 nonconsumable supplies purchased with funds made avail2 able under this title or such provision shall not be re3 stricted to children enrolled or otherwise participating in

4 the program carried out under this title or such provision,

5 during a period in which the activity is predominately

6 funded under this title or such provision.

7 SEC. 807. PROGRAM AUTHORIZED.

8 (a) GRANTS.—From amounts appropriated under

9 section 805 the Secretary shall award grants to States to

10 enable the States to award grants to Local Councils to

11 pay the Federal share of the cost of carrying out early

12 learning programs in the locality served by the Local

13 Council.

14 (b) FEDERAL SHARE.—

15 (1) IN GENERAL.—The Federal share of the

16 cost described in subsections (a) and (e) shall be 85

17 percent for the first and second years of the grant,

18 80 percent for the third and fourth years of the

19 grant, and 75 percent for the fifth and subsequent

20 years of the grant.

21 (2) NON-FEDERAL SHARE.—The non-Federal

22 share of the cost described in subsections (a) and (e)

23 may be contributed in cash or in kind, fairly evalu24 ated, including facilities, equipment, or services,

25 which may be provided from State or local public
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1 sources, or through donations from private entities.

2 For the purposes of this paragraph the term ‘‘facili3 ties’’ includes the use of facilities, but the term

4 ‘‘equipment’’ means donated equipment and not the

5 use of equipment.

6 (c) MAINTENANCE OF EFFORT.—The Secretary shall

7 not award a grant under this title to any State unless the

8 Secretary first determines that the total expenditures by

9 the State and its political subdivisions to support early

10 learning programs (other than funds used to pay the non11 Federal share under subsection (b)(2)) for the fiscal year

12 for which the determination is made is equal to or greater

13 than such expenditures for the preceding fiscal year.

14 (d) SUPPLEMENT NOT SUPPLANT.—Amounts re15 ceived under this title shall be used to supplement and

16 not supplant other Federal, State, and local public funds

17 expended to promote early learning.

18 (e) SPECIAL RULE.—If funds appropriated to carry

19 out this title are less than $150,000,000 for any fiscal

20 year, the Secretary shall award grants for the fiscal year

21 directly to Local Councils, on a competitive basis, to pay

22 the Federal share of the cost of carrying out early learning

23 programs in the locality served by the Local Council. In

24 carrying out the preceding sentence—
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1 (1) subsection (c), subsections (b) and (c) of

2 section 810, and paragraphs (1), (2), and (3) of sec3 tion 811(a) shall not apply;

4 (2) State responsibilities described in section

5 811(d) shall be carried out by the Local Council

6 with regard to the locality;

7 (3) the Secretary shall provide such technical

8 assistance and monitoring as necessary to ensure

9 that the use of the funds by Local Councils and the

10 distribution of the funds to Local Councils are con11 sistent with this title; and

12 (4) subject to paragraph (1), the Secretary

13 shall assume the responsibilities of the Lead State

14 Agency under this title, as appropriate.

15 SEC. 808. USES OF FUNDS.

16 (a) IN GENERAL.—Subject to section 810, grant

17 funds under this title shall be used to pay for developing,

18 operating, or enhancing voluntary early learning programs

19 that are likely to produce sustained gains in early learn20 ing.

21 (b) LIMITED USES.—Subject to section 810, Lead

22 State Agencies and Local Councils shall ensure that funds

23 made available under this title to the agencies and Local

24 Councils are used for three or more of the following activi25 ties:
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1 (1) Helping parents, caregivers, child care pro2 viders, and educators increase their capacity to fa3 cilitate the development of cognitive, language com4 prehension, expressive language, social-emotional,

5 and motor skills, and promote learning readiness.

6 (2) Promoting effective parenting.

7 (3) Enhancing early childhood literacy.

8 (4) Developing linkages among early learning

9 programs within a community and between early

10 learning programs and health care services for

11 young children.

12 (5) Increasing access to early learning opportu13 nities for young children with special needs, includ14 ing developmental delays, by facilitating coordination

15 with other programs serving such young children.

16 (6) Increasing access to existing early learning

17 programs by expanding the days or times that the

18 young children are served, by expanding the number

19 of young children served, or by improving the afford20 ability of the programs for low-income families.

21 (7) Improving the quality of early learning pro22 grams through professional development and train23 ing activities, increased compensation, and recruit24 ment and retention incentives, for early learning

25 providers.
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1 (8) Removing ancillary barriers to early learn2 ing, including transportation difficulties and absence

3 of programs during nontraditional work times.

4 (c) REQUIREMENTS.—Each Lead State Agency des5 ignated under section 810(c) and Local Councils receiving

6 a grant under this title shall ensure—

7 (1) that Local Councils described in section 814

8 work with local educational agencies to identify cog9 nitive, social, emotional, and motor developmental

10 abilities which are necessary to support children’s

11 readiness for school;

12 (2) that the programs, services, and activities

13 assisted under this title will represent develop14 mentally appropriate steps toward the acquisition of

15 those abilities; and

16 (3) that the programs, services, and activities

17 assisted under this title collectively provide benefits

18 for children cared for in their own homes as well as

19 children placed in the care of others.

20 (d) SLIDING SCALE PAYMENTS.—States and Local

21 Councils receiving assistance under this title shall ensure

22 that programs, services, and activities assisted under this

23 title which customarily require a payment for such pro24 grams, services, or activities, adjust the cost of such pro25 grams, services, and activities provided to the individual
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1 or the individual’s child based on the individual’s ability

2 to pay.

3 SEC. 809. RESERVATIONS AND ALLOTMENTS.

4 (a) RESERVATION FOR INDIAN TRIBES, ALASKA NA5 TIVES, AND NATIVE HAWAIIANS.—The Secretary shall re6 serve 1 percent of the total amount appropriated under

7 section 805 for each fiscal year, to be allotted to Indian

8 tribes, Regional Corporations, and Native Hawaiian enti9 ties, of which—

10 (1) 0.5 percent shall be available to Indian

11 tribes; and

12 (2) 0.5 percent shall be available to Regional

13 Corporations and Native Hawaiian entities.

14 (b) ALLOTMENTS.—From the funds appropriated

15 under this title for each fiscal year that are not reserved

16 under subsection (a), the Secretary shall allot to each

17 State the sum of—

18 (1) an amount that bears the same ratio to 50

19 percent of such funds as the number of children 4

20 years of age and younger in the State bears to the

21 number of such children in all States; and

22 (2) an amount that bears the same ratio to 50

23 percent of such funds as the number of children 4

24 years of age and younger living in families with in-
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1 comes below the poverty line in the State bears to

2 the number of such children in all States.

3 (c) MINIMUM ALLOTMENT.—No State shall receive

4 an allotment under subsection (b) for a fiscal year in an

5 amount that is less than .40 percent of the total amount

6 appropriated for the fiscal year under this title.

7 (d) AVAILABILITY OF FUNDS.—Any portion of the al8 lotment to a State that is not expended for activities under

9 this title in the fiscal year for which the allotment is made

10 shall remain available to the State for two additional

11 years, after which any unexpended funds shall be returned

12 to the Secretary. The Secretary shall use the returned

13 funds to carry out a discretionary grant program for re14 search-based early learning demonstration projects.

15 (e) DATA.—The Secretary shall make allotments

16 under this title on the basis of the most recent data avail17 able to the Secretary.

18 SEC. 810. GRANT ADMINISTRATION.

19 (a) FEDERAL ADMINISTRATIVE COSTS.—The Sec20 retary may use not more than 3 percent of the amount

21 appropriated under section 805 for a fiscal year to pay

22 for the administrative costs of carrying out this title, in23 cluding the monitoring and evaluation of State and local

24 efforts.
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1 (b) STATE ADMINISTRATIVE COSTS.—A State that

2 receives a grant under this title may use—

3 (1) not more than 2 percent of the funds made

4 available through the grant to carry out activities

5 designed to coordinate early learning programs on

6 the State level, including programs funded or oper7 ated by the State educational agency, health, chil8 dren and family, and human service agencies, and

9 any State-level collaboration or coordination council

10 involving early learning and education, such as the

11 entities funded under section 640(a)(5) of the Head

12 Start Act (42 U.S.C. 9835(a)(5));

13 (2) not more than 2 percent of the funds made

14 available through the grant for the administrative

15 costs of carrying out the grant program and the

16 costs of reporting State and local efforts to the Sec17 retary; and

18 (3) not more than 3 percent of the funds made

19 available through the grant for training, technical

20 assistance, and wage incentives provided by the

21 State to Local Councils.

22 (c) LEAD STATE AGENCY.—

23 (1) IN GENERAL.—To be eligible to receive an

24 allotment under this title, the Governor of a State

25 shall appoint, after consultation with the leadership
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1 of the State legislature, a Lead State Agency to

2 carry out the functions described in paragraph (2).

3 (2) LEAD STATE AGENCY.—

4 (A) ALLOCATION OF FUNDS.—The Lead

5 State Agency described in paragraph (1) shall

6 allocate funds to Local Councils as described in

7 section 812.

8 (B) FUNCTIONS OF AGENCY.—In addition

9 to allocating funds pursuant to subparagraph

10 (A), the Lead State Agency shall—

11 (i) advise and assist Local Councils in

12 the performance of their duties under this

13 title;

14 (ii) develop and submit the State ap15 plication;

16 (iii) evaluate and approve applications

17 submitted by Local Councils under section

18 813;

19 (iv) ensure collaboration with respect

20 to assistance provided under this title be21 tween the State agency responsible for

22 education and the State agency responsible

23 for children and family services;

24 (v) prepare and submit to the Sec25 retary, an annual report on the activities
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1 carried out in the State under this title,

2 which shall include a statement describing

3 how all funds received under this title are

4 expended and documentation of the effects

5 that resources under this title have had

6 on—

7 (I) parental capacity to improve

8 learning readiness in their young chil9 dren;

10 (II) early childhood literacy;

11 (III) linkages among early learn12 ing programs;

13 (IV) linkages between early

14 learning programs and health care

15 services for young children;

16 (V) access to early learning ac17 tivities for young children with special

18 needs;

19 (VI) access to existing early

20 learning programs through expansion

21 of the days or times that children are

22 served;

23 (VII) access to existing early

24 learning programs through expansion
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1 of the number of young children

2 served;

3 (VIII) access to and affordability

4 of existing early learning programs for

5 low-income families;

6 (IX) the quality of early learning

7 programs resulting from professional

8 development, and recruitment and re9 tention incentives for caregivers; and

10 (X) removal of ancillary barriers

11 to early learning, including transpor12 tation difficulties and absence of pro13 grams during nontraditional work

14 times; and

15 (vi) ensure that training and research

16 is made available to Local Councils and

17 that such training and research reflects the

18 latest available brain development and

19 early childhood development research re20 lated to early learning.

21 SEC. 811. STATE REQUIREMENTS.

22 (a) ELIGIBILITY.—To be eligible for a grant under

23 this title, a State shall—

24 (1) ensure that funds received by the State

25 under this title shall be subject to appropriation by
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1 the State legislature, consistent with the terms and

2 conditions required under State law;

3 (2) designate a Lead State Agency under sec4 tion 810(c) to administer and monitor the grant and

5 ensure State-level coordination of early learning

6 programs;

7 (3) submit to the Secretary an application at

8 such time, in such manner, and accompanied by

9 such information as the Secretary may require;

10 (4) ensure that funds made available under this

11 title are distributed on a competitive basis through12 out the State to Local Councils serving rural, urban,

13 and suburban areas of the State; and

14 (5) assist the Secretary in developing mecha15 nisms to ensure that Local Councils receiving funds

16 under this title comply with the requirements of this

17 title.

18 (b) STATE PREFERENCE.—In awarding grants to

19 Local Councils under this title, the State, to the maximum

20 extent possible, shall ensure that a broad variety of early

21 learning programs that provide a continuity of services

22 across the age spectrum assisted under this title are fund23 ed under this title, and shall give preference to

24 supporting—
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1 (1) a Local Council that meets criteria, that are

2 specified by the State and approved by the Sec3 retary, for qualifying as serving an area of greatest

4 need for early learning programs; and

5 (2) a Local Council that demonstrates, in the

6 application submitted under section 813, the Local

7 Council’s potential to increase collaboration as a

8 means of maximizing use of resources provided

9 under this title with other resources available for

10 early learning programs.

11 (c) LOCAL PREFERENCE.—In awarding grants under

12 this title, Local Councils shall give preference to

13 supporting—

14 (1) projects that demonstrate their potential to

15 collaborate as a means of maximizing use of re16 sources provided under this title with other resources

17 available for early learning programs;

18 (2) programs that provide a continuity of serv19 ices for young children across the age spectrum, in20 dividually, or through community-based networks or

21 cooperative agreements; and

22 (3) programs that help parents and other care23 givers promote early learning with their young chil24 dren.

25 (d) PERFORMANCE GOALS.—
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1 (1) ASSESSMENTS.—Based on information and

2 data received from Local Councils, and information

3 and data available through State resources, the

4 State shall biennially assess the needs and available

5 resources related to the provision of early learning

6 programs within the State.

7 (2) PERFORMANCE GOALS.—Based on the anal8 ysis of information described in paragraph (1), the

9 State shall establish measurable performance goals

10 to be achieved through activities assisted under this

11 title.

12 (3) REQUIREMENT.—The State shall award

13 grants to Local Councils only for purposes that are

14 consistent with the performance goals established

15 under paragraph (2).

16 (4) REPORT.—The State shall report to the

17 Secretary annually regarding the State’s progress to18 ward achieving the performance goals established in

19 paragraph (2) and any necessary modifications to

20 those goals, including the rationale for the modifica21 tions.

22 (5) IMPROVEMENT PLANS.—If the Secretary de23 termines, based on the State report submitted under

24 paragraph (4), that the State is not making progress

25 toward achieving the performance goals described in
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1 paragraph (2), then the State shall submit a per2 formance improvement plan to the Secretary, and

3 demonstrate reasonable progress in implementing

4 such plan, in order to remain eligible for funding

5 under this title.

6 SEC. 812. LOCAL ALLOCATIONS.

7 (a) IN GENERAL.—The Lead State Agency shall allo8 cate to Local Councils in the State not less than 93 per9 cent of the funds provided to the State under this title

10 for a fiscal year.

11 (b) LIMITATION.—The Lead State Agency shall allo12 cate funds provided under this title on the basis of the

13 population of the locality served by the Local Council.

14 SEC. 813. LOCAL APPLICATIONS.

15 (a) IN GENERAL.—To be eligible to receive assistance

16 under this title, the Local Council shall submit an applica17 tion to the Lead State Agency at such time, in such man18 ner, and containing such information as the Lead State

19 Agency may require.

20 (b) CONTENTS.—Each application submitted pursu21 ant to subsection (a) shall include a statement ensuring

22 that the local government entity, Indian tribe, Regional

23 Corporation, or Native Hawaiian entity has established or

24 designated a Local Council under section 814, and the
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1 Local Council has developed a local plan for carrying out

2 early learning programs under this title that includes—

3 (1) a needs and resources assessment con4 cerning early learning services and a statement de5 scribing how early learning programs will be funded

6 consistent with the assessment;

7 (2) a statement of how the Local Council will

8 ensure that early learning programs will meet the

9 performance goals reported by the Lead State Agen10 cy under this title; and

11 (3) a description of how the Local Council will

12 form collaboratives among local youth, social service,

13 and educational providers to maximize resources and

14 concentrate efforts on areas of greatest need.

15 SEC. 814. LOCAL ADMINISTRATION.

16 (a) LOCAL COUNCIL.—

17 (1) IN GENERAL.—To be eligible to receive

18 funds under this title, a local government entity, In19 dian tribe, Regional Corporation, or Native Hawai20 ian entity, as appropriate, shall establish or des21 ignate a Local Council, which shall be composed

22 of—

23 (A) representatives of local agencies di24 rectly affected by early learning programs as25 sisted under this title;
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1 (B) parents;

2 (C) other individuals concerned with early

3 learning issues in the locality, such as rep4 resentative entities providing elementary edu5 cation, child care resource and referral services,

6 early learning opportunities, child care, and

7 health services; and

8 (D) other key community leaders.

9 (2) DESIGNATING EXISTING ENTITY.—If a local

10 government entity, Indian tribe, Regional Corpora11 tion, or Native Hawaiian entity has, before the date

12 of enactment of the Early Learning Opportunities

13 Act, a Local Council or a regional entity that is

14 comparable to the Local Council described in para15 graph (1), the entity, tribe, or corporation may des16 ignate the council or entity as a Local Council under

17 this title, and shall be considered to have established

18 a Local Council in compliance with this subsection.

19 (3) FUNCTIONS.—The Local Council shall be

20 responsible for preparing and submitting the appli21 cation described in section 813.

22 (b) ADMINISTRATION.—

23 (1) ADMINISTRATIVE COSTS.—Not more than 3

24 percent of the funds received by a Local Council

25 under this title shall be used to pay for the adminis-
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1 trative costs of the Local Council in carrying out

2 this title.

3 (2) FISCAL AGENT.—A Local Council may des4 ignate any entity, with a demonstrated capacity for

5 administering grants, that is affected by, or con6 cerned with, early learning issues, including the

7 State, to serve as fiscal agent for the administration

8 of grant funds received by the Local Council under

9 this title.

10 TITLE IX—RURAL EDUCATION ACHIEVEMENT

11 PROGRAM

12 SEC. 901. RURAL EDUCATION INITIATIVE.

13 Subpart 2 of part J of title X of the Elementary and

14 Secondary Education Act of 1965 (20 U.S.C. 8291 et

15 seq.) is amended to read as follows:

16 ‘‘Subpart 2—Rural Education Initiative

17 ‘‘SEC. 10971. SHORT TITLE.

18 ‘‘This subpart may be cited as the ‘Rural Education

19 Achievement Program’.

20 ‘‘SEC. 10972. PURPOSE.

21 ‘‘It is the purpose of this subpart to address the

22 unique needs of rural school districts that frequently—

23 ‘‘(1) lack the personnel and resources needed to

24 compete for Federal competitive grants; and
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1 ‘‘(2) receive formula allocations in amounts too

2 small to be effective in meeting their intended pur3 poses.

4 ‘‘SEC. 10973. AUTHORIZATION OF APPROPRIATIONS.

5 ‘‘There are authorized to be appropriated to carry out

6 this subpart $62,500,000 for fiscal year 2001.

7 ‘‘SEC. 10974. FORMULA GRANT PROGRAM AUTHORIZED.

8 ‘‘(a) ALTERNATIVE USES.—

9 ‘‘(1) IN GENERAL.—Notwithstanding any other

10 provision of law, an eligible local educational agency

11 may use the applicable funding, that the agency is

12 eligible to receive from the State educational agency

13 for a fiscal year, to carry out local activities author14 ized in part A of title I, section 2210(b), section

15 3134, or section 4116.

16 ‘‘(2) NOTIFICATION.—An eligible local edu17 cational agency shall notify the State educational

18 agency of the local educational agency’s intention to

19 use the applicable funding in accordance with para20 graph (1) not later than a date that is established

21 by the State educational agency for the notification.

22 ‘‘(b) ELIGIBILITY.—A local educational agency shall

23 be eligible to use the applicable funding in accordance with

24 subsection (a) if—
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1 ‘‘(1) the total number of students in average

2 daily attendance at all of the schools served by the

3 local educational agency is less than 600; and

4 ‘‘(2) all of the schools served by the local edu5 cational agency are designated with a School Locale

6 Code of 7 or 8, as determined by the Secretary of

7 Education.

8 ‘‘(c) APPLICABLE FUNDING.—In this section, the

9 term ‘applicable funding’ means funds provided under

10 each of titles II, IV, and VI, except for funds made avail11 able under section 321 of the Department of Education

12 Appropriations Act, 2001.

13 ‘‘(d) DISBURSAL.—Each State educational agency

14 that receives applicable funding for a fiscal year shall dis15 burse the applicable funding to local educational agencies

16 for alternative uses under this section for the fiscal year

17 at the same time that the State educational agency dis18 burses the applicable funding to local educational agencies

19 that do not intend to use the applicable funding for such

20 alternative uses for the fiscal year.

21 ‘‘(e) SUPPLEMENT NOT SUPPLANT.—Funds made

22 available under this section shall be used to supplement

23 and not supplant any other State or local education funds.

24 ‘‘(f ) SPECIAL RULE.—References in Federal law to

25 funds for the provisions of law set forth in subsection (c)
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1 may be considered to be references to funds for this sec2 tion.

3 ‘‘(g) CONSTRUCTION.—Nothing in this subpart shall

4 be construed to prohibit a local educational agency that

5 enters into cooperative arrangements with other local edu6 cational agencies for the provision of special, compen7 satory, or other education services pursuant to State law

8 or a written agreement from entering into similar arrange9 ments for the use or the coordination of the use of the

10 funds made available under this subpart.

11 ‘‘SEC. 10975. COMPETITIVE GRANT PROGRAM AUTHORIZED.

12 ‘‘(a) IN GENERAL.—The Secretary is authorized to

13 award grants to eligible local educational agencies to en14 able the local educational agencies to carry out local activi15 ties authorized in part A of title I, section 2210(b), section

16 3134, or section 4116.

17 ‘‘(b) ELIGIBILITY.—A local educational agency shall

18 be eligible to receive a grant under this section if—

19 ‘‘(1) the total number of students in average

20 daily attendance at all of the schools served by the

21 local educational agency is less than 600; and

22 ‘‘(2) all of the schools served by the local edu23 cational agency are designated with a School Locale

24 Code of 7 or 8, as determined by the Secretary of

25 Education.
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1 ‘‘(c) AMOUNT.—

2 ‘‘(1) IN GENERAL.—The Secretary shall award

3 a grant to a local educational agency under this sec4 tion for a fiscal year in an amount equal to the

5 amount determined under paragraph (2) for the fis6 cal year minus the total amount received under the

7 provisions of law described under section 10974(c)

8 for the fiscal year.

9 ‘‘(2) DETERMINATION.—The amount referred

10 to in paragraph (1) is equal to $100 multiplied by

11 the total number of students in excess of 50 stu12 dents that are in average daily attendance at the

13 schools served by the local educational agency, plus

14 $20,000, except that the amount may not exceed

15 $60,000.

16 ‘‘(3) CENSUS DETERMINATION.—

17 ‘‘(A) IN GENERAL.—Each local educational

18 agency desiring a grant under this section shall

19 determine for each year the number of kinder20 garten through grade 12 students in average

21 daily attendance at the schools served by the

22 local educational agency during the period be23 ginning or the first day of classes and ending

24 on December 1.
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1 ‘‘(B) SUBMISSION.—Each local educational

2 agency shall submit the number described in

3 subparagraph (A) to the Secretary not later

4 than March 1 of each year.

5 ‘‘(4) PENALTY.—If the Secretary determines

6 that a local educational agency has knowingly sub7 mitted false information under paragraph (3) for the

8 purpose of gaining additional funds under this sec9 tion, then the local educational agency shall be fined

10 an amount equal to twice the difference between the

11 amount the local educational agency received under

12 this section, and the correct amount the local edu13 cational agency would have received under this sec14 tion if the agency had submitted accurate informa15 tion under paragraph (3).

16 ‘‘(d) DISBURSAL.—The Secretary shall disburse the

17 funds awarded to a local educational agency under this

18 section for a fiscal year not later than July 1 of that year.

19 ‘‘(e) SUPPLEMENT NOT SUPPLANT.—Funds made

20 available under this section shall be used to supplement

21 and not supplant any other State or local education funds.

22 ‘‘SEC. 10976. ACCOUNTABILITY.

23 ‘‘(a) ACADEMIC ACHIEVEMENT.—
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1 ‘‘(1) IN GENERAL.—Each local educational

2 agency that uses or receives funds under section

3 10974 or 10975 for a fiscal year shall—

4 ‘‘(A) administer an assessment that is used

5 statewide and is consistent with the assessment

6 described in section 1111(b), to assess the aca7 demic achievement of students in the schools

8 served by the local educational agency; or

9 ‘‘(B) in the case of a local educational

10 agency for which there is no statewide assess11 ment described in subparagraph (A), administer

12 a test, that is selected by the local educational

13 agency, to assess the academic achievement of

14 students in the schools served by the local edu15 cational agency.

16 ‘‘(2) SPECIAL RULE.—Each local educational

17 agency that uses or receives funds under section

18 10974 or 10975 shall use the same assessment or

19 test described in paragraph (1) for each year of par20 ticipation in the program carried out under such sec21 tion.

22 ‘‘(b) STATE EDUCATIONAL AGENCY DETERMINATION

23 REGARDING CONTINUING PARTICIPATION.—Each State

24 educational agency that receives funding under the provi25 sions of law described in section 10974(c) shall—
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1 ‘‘(1) after the third year that a local edu2 cational agency in the State participates in a pro3 gram authorized under section 10974 or 10975 and

4 on the basis of the results of the assessments or

5 tests described in subsection (a), determine whether

6 the students served by the local educational agency

7 participating in the program performed better on the

8 assessments or tests after the third year of the par9 ticipation than the students performed on the as10 sessments or tests after the first year of the partici11 pation;

12 ‘‘(2) permit only the local educational agencies

13 that participated in the program and served students

14 that performed better on the assessments or tests,

15 as described in paragraph (1), to continue to partici16 pate in the program for an additional period of 3

17 years; and

18 ‘‘(3) prohibit the local educational agencies that

19 participated in the program and served students that

20 did not perform better on the assessments or tests,

21 as described in paragraph (1), from participating in

22 the program, for a period of 3 years from the date

23 of the determination.
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1 ‘‘SEC. 10977. RATABLE REDUCTIONS IN CASE OF INSUFFI2 CIENT APPROPRIATIONS.

3 ‘‘(a) IN GENERAL.—If the amount appropriated for

4 any fiscal year and made available for grants under this

5 subpart is insufficient to pay the full amount for which

6 all agencies are eligible under this subpart, the Secretary

7 shall ratably reduce each such amount.

8 ‘‘(b) ADDITIONAL AMOUNTS.—If additional funds be9 come available for making payments under paragraph (1)

10 for such fiscal year, payments that were reduced under

11 subsection (a) shall be increased on the same basis as such

12 payments were reduced.

13 ‘‘SEC. 10978. APPLICABILITY.

14 ‘‘Sections 10951 and 10952 shall not apply to this

15 subpart.’’.

16 This Act may be cited as the ‘‘Departments of Labor,

17 Health and Human Services, and Education, and Related

18 Agencies Appropriations Act, 2001’’.

Æ