II

Calendar No. 547

106TH CONGRESS

2D SESSION S. 2553

[Report No. 106–293]

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 SENATE OF THE UNITED STATES

MAY 12, 2000

Mr. SPECTER, from the Committee on Appropriations, reported, under authority of the order of the Senate of January 6, 1999, the following original

bill; which was read twice and placed on the calendar

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
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1 Education, and related agencies for the fiscal year ending

2 September 30, 2001, and for other purposes, namely:

3 TITLE I—DEPARTMENT OF LABOR

4 EMPLOYMENT AND TRAINING ADMINISTRATION

5 TRAINING AND EMPLOYMENT SERVICES

6 For necessary expenses of the Workforce Investment

7 Act, including the purchase and hire of passenger motor

8 vehicles, the construction, alteration, and repair of build9 ings and other facilities, and the purchase of real property

10 for training centers as authorized by the Workforce In11 vestment Act and the National Skill Standards Act of

12 1994; $2,990,141,000 plus reimbursements, of which

13 $1,718,801,000 is available for obligation for the period

14 July 1, 2001 through June 30, 2002, of which

15 $1,250,965,000 is available for obligation for the period

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

17 $1,000,965,000 to carry out chapter 4 of the Workforce

18 Investment Act and $250,000,000 to carry out section

19 169 of such Act; and of which $20,375,000 is available

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

21 necessary expenses of construction, rehabilitation, and ac22 quisition of Job Corps centers: Provided, That $9,098,000

23 shall be for carrying out section 172 of the Workforce In24 vestment Act, and $3,500,000 shall be for carrying out

25 the National Skills Standards Act of 1994: Provided fur-
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1 ther, That no funds from any other appropriation shall

2 be used to provide meal services at or for Job Corps cen3 ters: Provided further, That funds provided to carry out

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

5 projects that provide assistance to new entrants in the

6 workforce and incumbent workers: Provided further, That

7 funding provided to carry out projects under section 171

8 of the Workforce Investment Act of 1998 that are identi9 fied in the Conference Agreement, shall not be subject to

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

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

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

13 171(c)(4)(A) of such Act: Provided further, That funding

14 appropriated herein for Dislocated Worker Employment

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

16 Workforce Investment Act of 1998 may be distributed for

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

18 Act without regard to the 10 percent limitation contained

19 in section 171(d) of the Act.

20 For necessary expenses of the Workforce Investment

21 Act, including the purchase and hire of passenger motor

22 vehicles, the construction, alteration, and repair of build23 ings and other facilities, and the purchase of real property

24 for training centers as authorized by the Workforce In25 vestment Act; $2,463,000,000 plus reimbursements, of
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1 which $2,363,000,000 is available for obligation for the

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

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

4 2001 through June 30, 2004, for necessary expenses of

5 construction, rehabilitation, and acquisition of Job Corps

6 centers.

7 COMMUNITY SERVICE EMPLOYMENT FOR OLDER

8 AMERICANS

9 To carry out the activities for national grants or con10 tracts with public agencies and public or private nonprofit

11 organizations under paragraph (1)(A) of section 506(a)

12 of title V of the Older Americans Act of 1965, as amended,

13 or to carry out older worker activities as subsequently au14 thorized, $343,356,000.

15 To carry out the activities for grants to States under

16 paragraph (3) of section 506(a) of title V of the Older

17 Americans Act of 1965, as amended, or to carry out older

18 worker activities as subsequently authorized, $96,844,000.

19 FEDERAL UNEMPLOYMENT BENEFITS AND ALLOWANCES

20 For payments during the current fiscal year of trade

21 adjustment benefit payments and allowances under part

22 I; and for training, allowances for job search and reloca23 tion, and related State administrative expenses under part

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

25 Act of 1974, as amended, $406,550,000, together with

26 such amounts as may be necessary to be charged to the
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1 subsequent appropriation for payments for any period sub2 sequent to September 15 of the current year.

3 STATE UNEMPLOYMENT INSURANCE AND EMPLOYMENT

4 SERVICE OPERATIONS

5 For authorized administrative expenses,

6 $153,452,000, together with not to exceed

7 $3,095,978,000 (including not to exceed $1,228,000

8 which may be used for amortization payments to States

9 which had independent retirement plans in their State em10 ployment service agencies prior to 1980), which may be

11 expended from the Employment Security Administration

12 account in the Unemployment Trust Fund including the

13 cost of administering section 51 of the Internal Revenue

14 Code of 1986, as amended, section 7(d) of the Wagner15 Peyser Act, as amended, the Trade Act of 1974, as

16 amended, the Immigration Act of 1990, and the Immigra17 tion and Nationality Act, as amended, and of which the

18 sums available in the allocation for activities authorized

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

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

21 for necessary administrative expenses for carrying out 5

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

23 States through December 31, 2001, except that funds

24 used for automation acquisitions shall be available for obli25 gation by the States through September 30, 2003; and

26 of which $153,452,000, together with not to exceed
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1 $763,283,000 of the amount which may be expended from

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

3 period July 1, 2001 through June 30, 2002, to fund ac4 tivities under the Act of June 6, 1933, as amended, in5 cluding the cost of penalty mail authorized under 39

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

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

8 that the Average Weekly Insured Unemployment (AWIU)

9 for fiscal year 2001 is projected by the Department of

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

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

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

13 increment less than 100,000) from the Employment Secu14 rity Administration Account of the Unemployment Trust

15 Fund: Provided further, That funds appropriated in this

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

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

18 activities of the Federal-State unemployment insurance

19 programs, may be obligated in contracts, grants or agree20 ments with non-State entities: Provided further, That

21 funds appropriated under this Act for activities authorized

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

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

24 fund integrated Employment Service and Unemployment

25 Insurance automation efforts, notwithstanding cost alloca-
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1 tion principles prescribed under Office of Management

2 and Budget Circular A–87.

3 ADVANCES TO THE UNEMPLOYMENT TRUST FUND AND

4 OTHER FUNDS

5 For repayable advances to the Unemployment Trust

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

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

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

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

10 for nonrepayable advances to the Unemployment Trust

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

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

13 and allowances’’ account, to remain available until Sep14 tember 30, 2002, $435,000,000.

15 In addition, for making repayable advances to the

16 Black Lung Disability Trust Fund in the current fiscal

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

18 Black Lung Disability Trust Fund in the current fiscal

19 year, such sums as may be necessary.

20 PROGRAM ADMINISTRATION

21 For expenses of administering employment and train22 ing programs, $107,651,000, including $6,431,000 to sup23 port up to 75 full-time equivalent staff, the majority of

24 which will be term Federal appointments lasting no more

25 than 1 year, to administer welfare-to-work grants, to26 gether with not to exceed $48,507,000, which may be ex-
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1 pended from the Employment Security Administration ac2 count in the Unemployment Trust Fund.

3 PENSION AND WELFARE BENEFITS ADMINISTRATION

4 SALARIES AND EXPENSES

5 For necessary expenses for the Pension and Welfare

6 Benefits Administration, $103,342,000.

7 PENSION BENEFIT GUARANTY CORPORATION

8 PENSION BENEFIT GUARANTY CORPORATION FUND

9 The Pension Benefit Guaranty Corporation is author10 ized to make such expenditures, including financial assist11 ance authorized by section 104 of Public Law 96–364,

12 within limits of funds and borrowing authority available

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

14 such contracts and commitments without regard to fiscal

15 year limitations as provided by section 104 of the Govern16 ment Corporation Control Act, as amended (31 U.S.C.

17 9104), as may be necessary in carrying out the program

18 through September 30, 2001, for such Corporation: Pro19 vided, That not to exceed $11,652,000 shall be available

20 for administrative expenses of the Corporation: Provided

21 further, That expenses of such Corporation in connection

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

23 protection or management, and investment of trust assets,

24 and for benefits administration services shall be consid-
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1 ered as non-administrative 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, $350,779,000, 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, $30,510,000 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, $19,971,000; (2) for con25 version to a paperless office, $7,005,000; (3) for commu-
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1 nications redesign, $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 Beginning in fiscal year 2001 and thereafter, such

14 sums as may be necessary from the Black Lung Disability

15 Trust Fund, to remain available until expended, for pay16 ment of all benefits authorized by section 9501(d)(1) (2)

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

18 amended; and interest on advances as authorized by sec19 tion 9501(c)(2) of that Act. In addition, the following

20 amounts shall be available from the Fund for fiscal year

21 2001 for expenses of operation and administration of the

22 Black Lung Benefits program as authorized by section

23 9501(d)(5) of that Act: $30,393,000 for transfer to the

24 Employment Standards Administration, ‘‘Salaries and Ex25 penses’’; $21,590,000 for transfer to Departmental Man26 agement, ‘‘Salaries and Expenses’’; $318,000 for transfer
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1 to Departmental Management, ‘‘Office of Inspector Gen2 eral’’; and $356,000 for payments into Miscellaneous Re3 ceipts for the expenses of the Department of Treasury.

4 OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION

5 SALARIES AND EXPENSES

6 For necessary expenses for the Occupational Safety

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

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

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

10 of the Occupational Safety and Health Act, which grants

11 shall be no less than 50 percent of the costs of State occu12 pational safety and health programs required to be in13 curred under plans approved by the Secretary under sec14 tion 18 of the Occupational Safety and Health Act of

15 1970; and, in addition, notwithstanding 31 U.S.C. 3302,

16 the Occupational Safety and Health Administration may

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

18 course tuition fees, otherwise authorized by law to be col19 lected, and may utilize such sums for occupational safety

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

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

22 is authorized, during the fiscal year ending September 30,

23 2001, to collect and retain fees for services provided to

24 Nationally Recognized Testing Laboratories, and may uti25 lize such sums, in accordance with the provisions of 29
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1 U.S.C. 9a, to administer national and international lab2 oratory recognition programs that ensure the safety of

3 equipment and products used by workers in the workplace:

4 Provided further, That none of the funds appropriated

5 under this paragraph shall be obligated or expended to

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

7 regulation, or order under the Occupational Safety and

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

9 is engaged in a farming operation which does not maintain

10 a temporary labor camp and employs 10 or fewer employ11 ees: Provided further, That no funds appropriated under

12 this paragraph shall be obligated or expended to admin13 ister or enforce any standard, rule, regulation, or order

14 under the Occupational Safety and Health Act of 1970

15 with respect to any employer of 10 or fewer employees

16 who is included within a category having an occupational

17 injury lost workday case rate, at the most precise Stand18 ard Industrial Classification Code for which such data are

19 published, less than the national average rate as such

20 rates are most recently published by the Secretary, acting

21 through the Bureau of Labor Statistics, in accordance

22 with section 24 of that Act (29 U.S.C. 673), except—

23 (1) to provide, as authorized by such Act, con24 sultation, technical assistance, educational and train25 ing services, and to conduct surveys and studies;
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1 (2) to conduct an inspection or investigation in

2 response to an employee complaint, to issue a cita3 tion for violations found during such inspection, and

4 to assess a penalty for violations which are not cor5 rected within a reasonable abatement period and for

6 any willful violations found;

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

8 with respect to imminent dangers;

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

10 with respect to health hazards;

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

12 with respect to a report of an employment accident

13 which is fatal to one or more employees or which re14 sults in hospitalization of two or more employees,

15 and to take any action pursuant to such investiga16 tion authorized by such Act; and

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

18 with respect to complaints of discrimination against

19 employees for exercising rights under such Act:

20 Provided further, That the foregoing proviso shall not

21 apply to any person who is engaged in a farming operation

22 which does not maintain a temporary labor camp and em23 ploys 10 or fewer employees.
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1 MINE SAFETY AND HEALTH ADMINISTRATION

2 SALARIES AND EXPENSES

3 For necessary expenses for the Mine Safety and

4 Health Administration, $244,747,000, including purchase

5 and bestowal of certificates and trophies in connection

6 with mine rescue and first-aid work, and the hire of pas7 senger motor vehicles; including up to $1,000,000 for

8 mine rescue and recovery activities, which shall be avail9 able only to the extent that fiscal year 2001 obligations

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

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

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

13 the sale of training materials, otherwise authorized by law

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

15 education and training activities, notwithstanding 31

16 U.S.C. 3302; and, in addition, the Administration may re17 tain up to $1,000,000 from fees collected for the approval

18 and certification of equipment, materials, and explosives

19 for use in mines, and may utilize such sums for such ac20 tivities; the Secretary is authorized to accept lands, build21 ings, equipment, and other contributions from public and

22 private sources and to prosecute projects in cooperation

23 with other agencies, Federal, State, or private; the Mine

24 Safety and Health Administration is authorized to pro25 mote health and safety education and training in the min-
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1 ing community through cooperative programs with States,

2 industry, and safety associations; and any funds available

3 to the department may be used, with the approval of the

4 Secretary, to provide for the costs of mine rescue and sur5 vival operations in the event of a major disaster.

6 BUREAU OF LABOR STATISTICS

7 SALARIES AND EXPENSES

8 For necessary expenses for the Bureau of Labor Sta9 tistics, including advances or reimbursements to State,

10 Federal, and local agencies and their employees for serv11 ices rendered, $369,327,000, together with not to exceed

12 $67,257,000, which may be expended from the Employ13 ment Security Administration account in the Unemploy14 ment Trust Fund; and $10,000,000 which shall be avail15 able for obligation for the period July 1, 2001 through

16 June 30, 2002, for Occupational Employment Statistics.

17 DEPARTMENTAL MANAGEMENT

18 SALARIES AND EXPENSES

19 For necessary expenses for Departmental Manage20 ment, including the hire of three sedans, and including

21 the management or operation, through contracts, grants

22 or other arrangements, of Departmental bilateral and mul23 tilateral foreign technical assistance, of which the funds

24 designated to carry out bilateral assistance under the

25 international child labor initiative shall be available for ob-
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1 ligation through September 30, 2002, $30,000,000 for the

2 acquisition of Departmental information technology, archi3 tecture, infrastructure, equipment, software and related

4 needs which will be allocated by the Department’s Chief

5 Information Officer in accordance with the Department’s

6 capital investment management process to assure a sound

7 investment strategy; $337,964,000: Provided, That no

8 funds made available by this Act may be used by the Solic9 itor of Labor to participate in a review in any United

10 States court of appeals of any decision made by the Bene11 fits Review Board under section 21 of the Longshore and

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

13 where such participation is precluded by the decision of

14 the United States Supreme Court in Director, Office of

15 Workers’ Compensation Programs v. Newport News Ship16 building, 115 S. Ct. 1278 (1995), notwithstanding any

17 provisions to the contrary contained in Rule 15 of the Fed18 eral Rules of Appellate Procedure: Provided further, That

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

20 Secretary of Labor to review a decision under the

21 Longshore and Harbor Workers’ Compensation Act (33

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

23 been pending before the Benefits Review Board for more

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

25 pending a review by the Benefits Review Board for more
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1 than 1 year shall be considered affirmed by the Benefits

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

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

4 Board for purposes of obtaining a review in the United

5 States courts of appeals: Provided further, That these pro6 visions shall not be applicable to the review or appeal of

7 any decision issued under the Black Lung Benefits Act

8 (30 U.S.C. 901 et seq.): Provided further, That beginning

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

10 of Labor an office of disability employment policy which

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

12 leadership, develop policy and initiatives, and award

13 grants furthering the objective of eliminating barriers to

14 the training and employment of people with disabilities.

15 Such office shall be headed by an assistant secretary: Pro16 vided further, That of amounts provided under this head,

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

18 VETERANS EMPLOYMENT AND TRAINING

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

20 Employment Security Administration account in the Un21 employment Trust Fund to carry out the provisions of 38

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

23 Public Law 103–353, and which shall be available for obli24 gation by the States through December 31, 2001. To

25 carry out the Stewart B. McKinney Homeless Assistance

26 Act and section 168 of the Workforce Investment Act of
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1 1998, $19,800,000, of which $7,300,000 shall be available

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

3 30, 2002.

4 OFFICE OF INSPECTOR GENERAL

5 For salaries and expenses of the Office of Inspector

6 General in carrying out the provisions of the Inspector

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

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

9 from the Employment Security Administration account in

10 the Unemployment Trust Fund.

11 GENERAL PROVISIONS

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

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

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

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

16 II.

17 (TRANSFER OF FUNDS)

18 SEC. 102. Not to exceed 1 percent of any discre19 tionary funds (pursuant to the Balanced Budget and

20 Emergency Deficit Control Act of 1985, as amended)

21 which are appropriated for the current fiscal year for the

22 Department of Labor in this Act may be transferred be23 tween appropriations, but no such appropriation shall be

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

25 Provided, That the Appropriations Committees of both
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1 Houses of Congress are notified at least 15 days in ad2 vance of any transfer.

3 SEC. 103. EXTENDED DEADLINE FOR EXPENDI4 TURE. Section 403(a)(5)(C)(viii) of the Social Security Act

5 (42 U.S.C. 603(a)(5)(C)(viii)) (as amended by section

6 806(b) of the Departments of Labor, Health and Human

7 Services, and Education, and Related Agencies Appropria8 tions Act, 2000 (as enacted into law by section 1000(a)(4)

9 of Public Law 106–113)) is amended by striking ‘‘3

10 years’’ and inserting ‘‘5 years’’.

11 SEC. 104. ELIMINATION OF SET-ASIDE OF PORTION

12 OF WELFARE-TO-WORK FUNDS FOR PERFORMANCE BO13 NUSES. (a) IN GENERAL.—Section 403(a)(5) of the Social

14 Security Act (as amended by section 806(b) of the Depart15 ments of Labor, Health and Human Services, and Edu16 cation, and Related Agencies Appropriations Act, 2000 (as

17 enacted into law by section 1000(a)(4) of Public Law 106–

18 113)) is amended by striking subparagraph (E) and redes19 ignating subparagraphs (F) through (K) as subpara20 graphs (E) through (J), respectively.

21 (b) CONFORMING AMENDMENTS.—The Social Secu22 rity Act (as amended by section 806(b) of the Depart23 ments of Labor, Health and Human Services, and Edu24 cation, and Related Agencies Appropriations Act, 2000 (as
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1 enacted into law by section 1000(a)(4) of Public Law 106–

2 113)) is further amended as follows:

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

4 603(a)(5)(A)(i)) is amended by striking ‘‘subpara5 graph (I)’’ and inserting ‘‘subparagraph (H)’’.

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

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

8 603(a)(5)(A)(iv)(I) and (B)(v)(I)) is amended—

9 (A) in item (aa)—

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

11 ‘‘(H)’’; and

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

13 inserting ‘‘and (G)’’; and

14 (B) in item (bb), by striking ‘‘(F)’’ and in15 serting ‘‘(E)’’.

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

17 603(a)(5)(B)(v)) is amended in the matter preceding

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

19 (4) Subparagraphs (E), (F), and (G)(i) of sec20 tion 403(a)(5) (42 U.S.C. 603(a)(5)), as so redesig21 nated by subsection (a) of this section, are each

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

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

24 612(a)(3)(A)) is amended by striking ‘‘403(a)(5)(I)’’

25 and inserting ‘‘403(a)(5)(H)’’.
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1 (c) FUNDING AMENDMENT.—Section

2 403(a)(5)(H)(i)(II) of such Act (42 U.S.C.

3 603(a)(5)(H)(i))(II) (as redesignated by subsection (a) of

4 this section and as amended by section 806(b) of the De5 partments of Labor, Health and Human Services, and

6 Education, and Related Agencies Appropriations Act,

7 2000 (as enacted into law by section 1000(a)(4) of Public

8 Law 106–113)) is further amended by striking

9 ‘‘$1,450,000,000’’ and inserting ‘‘$1,400,000,000’’.

10 (d) EFFECTIVE DATE.—The amendments made by

11 subsections (a), (b), and (c) of this section shall take effect

12 on October 1, 2000.

13 TITLE II—DEPARTMENT OF HEALTH AND

14 HUMAN SERVICES

15 HEALTH RESOURCES AND SERVICES ADMINISTRATION

16 HEALTH RESOURCES AND SERVICES

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

18 and XXVI of the Public Health Service Act, section

19 427(a) of the Federal Coal Mine Health and Safety Act,

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

21 Health Care Quality Improvement Act of 1986, as amend22 ed, and the Native Hawaiian Health Care Act of 1988,

23 as amended, $4,522,424,000, of which $150,000 shall re24 main available until expended for interest subsidies on

25 loan guarantees made prior to fiscal year 1981 under part
24

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1 B of title VII of the Public Health Service Act, and of

2 which $10,000,000 shall be available for the construction

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

4 $25,000,000 from general revenues, notwithstanding sec5 tion 1820(j) of the Social Security Act, shall be available

6 for carrying out the Medicare rural hospital flexibility

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

8 That the Division of Federal Occupational Health may

9 utilize personal services contracting to employ professional

10 management/administrative and occupational health pro11 fessionals: Provided further, That of the funds made avail12 able under this heading, $250,000 shall be available until

13 expended for facilities renovations at the Gillis W. Long

14 Hansen’s Disease Center: Provided further, That in addi15 tion to fees authorized by section 427(b) of the Health

16 Care Quality Improvement Act of 1986, fees shall be col17 lected for the full disclosure of information under the Act

18 sufficient to recover the full costs of operating the Na19 tional Practitioner Data Bank, and shall remain available

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

21 That fees collected for the full disclosure of information

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

23 Program’’, authorized by section 221 of the Health Insur24 ance Portability and Accountability Act of 1996, shall be

25 sufficient to recover the full costs of operating the Pro-
25

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1 gram, and shall remain available to carry out that Act

2 until expended: Provided further, That no more than

3 $5,000,000 is available for carrying out the provisions of

4 Public Law 104–73: Provided further, That of the funds

5 made available under this heading, $253,932,000 shall be

6 for the program under title X of the Public Health Service

7 Act to provide for voluntary family planning projects: Pro8 vided further, That amounts provided to said projects

9 under such title shall not be expended for abortions, that

10 all pregnancy counseling shall be nondirective, and that

11 such amounts shall not be expended for any activity (in12 cluding the publication or distribution of literature) that

13 in any way tends to promote public support or opposition

14 to any legislative proposal or candidate for public office:

15 Provided further, That $538,000,000 shall be for State

16 AIDS Drug Assistance Programs authorized by section

17 2616 of the Public Health Service Act.

18 RICKY RAY HEMOPHILIA RELIEF FUND PROGRAM

19 For payment to the Ricky Ray Hemophilia Relief

20 Fund, as provided by Public Law 105–369, $85,000,000,

21 of which $10,000,000 shall be for program management.

22 HEALTH EDUCATION ASSISTANCE LOANS PROGRAM

23 ACCOUNT

24 Such sums as may be necessary to carry out the pur25 pose of the program, as authorized by title VII of the Pub26 lic Health Service Act, as amended. For administrative ex-
26

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1 penses to carry out the guaranteed loan program, includ2 ing section 709 of the Public Health Service Act,

3 $3,679,000.

4 VACCINE INJURY COMPENSATION PROGRAM TRUST FUND

5 For payments from the Vaccine Injury Compensation

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

7 claims associated with vaccine-related injury or death with

8 respect to vaccines administered after September 30,

9 1988, pursuant to subtitle 2 of title XXI of the Public

10 Health Service Act, to remain available until expended:

11 Provided, That for necessary administrative expenses, not

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

13 Fund to the Secretary of Health and Human Services.

14 CENTERS FOR DISEASE CONTROL AND PREVENTION

15 DISEASE CONTROL, RESEARCH, AND TRAINING

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

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

18 102, 103, 201, 202, 203, 301, and 501 of the Federal

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

20 22 of the Occupational Safety and Health Act of 1970,

21 title IV of the Immigration and Nationality Act and sec22 tion 501 of the Refugee Education Assistance Act of 1980;

23 including insurance of official motor vehicles in foreign

24 countries; and hire, maintenance, and operation of air25 craft, $3,204,496,000, of which $175,000,000 shall re26 main available until expended for the facilities master plan
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1 for equipment and construction and renovation of facili2 ties, and in addition, such sums as may be derived from

3 authorized user fees, which shall be credited to this ac4 count: Provided, That in addition to amounts provided

5 herein, up to $91,129,000 shall be available from amounts

6 available under section 241 of the Public Health Service

7 Act: Provided further, That none of the funds made avail8 able for injury prevention and control at the Centers for

9 Disease Control and Prevention may be used to advocate

10 or promote gun control: Provided further, That the Direc11 tor may redirect the total amount made available under

12 authority of Public Law 101–502, section 3, dated Novem13 ber 3, 1990, to activities the Director may so designate:

14 Provided further, That the Congress is to be notified

15 promptly of any such transfer: Provided further, That not

16 to exceed $10,000,000 may be available for making grants

17 under section 1509 of the Public Health Service Act to

18 not more than 15 States: Provided further, That notwith19 standing any other provision of law, a single contract or

20 related contracts for development and construction of fa21 cilities may be employed which collectively include the full

22 scope of the project: Provided further, That the solicitation

23 and contract shall contain the clause ‘‘availability of

24 funds’’ found at 48. CFR 52.232–18.
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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 $3,804,084,000.

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 $2,328,102,000.

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 $309,923,000.

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, $1,318,106,000.

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, $1,189,425,000.
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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, $2,066,526,000.

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, $1,554,176,000.

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, $986,069,000.

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, $516,605,000.

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, $508,263,000.
30

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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 $794,625,000.

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, $401,161,000.

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, $303,541,000.

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 $106,848,000.

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, $336,848,000.
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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 $790,038,000.

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 $1,117,928,000.

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, $385,888,000.

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, $775,212,000: 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 NATIONAL CENTER FOR COMPLEMENTARY AND

23 ALTERNATIVE MEDICINE

24 For carrying out section 301 and title IV of the Pub25 lic Health Service Act with respect to complementary and

26 alternative medicine, $100,089,000.
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1 JOHN E. FOGARTY INTERNATIONAL CENTER

2 For carrying out the activities at the John E.

3 Fogarty International Center, $61,260,000.

4 NATIONAL LIBRARY OF MEDICINE

5 For carrying out section 301 and title IV of the Pub6 lic Health Service Act with respect to health information

7 communications, $256,953,000, of which $4,000,000 shall

8 be available until expended for improvement of informa9 tion systems: Provided, That in fiscal year 2001, the Li10 brary may enter into personal services contracts for the

11 provision of services in facilities owned, operated, or con12 structed under the jurisdiction of the National Institutes

13 of Health.

14 OFFICE OF THE DIRECTOR

15 (INCLUDING TRANSFER OF FUNDS)

16 For carrying out the responsibilities of the Office of

17 the Director, National Institutes of Health, $352,165,000,

18 of which $48,271,000 shall be for the Office of AIDS Re19 search: Provided, That funding shall be available for the

20 purchase of not to exceed 20 passenger motor vehicles for

21 replacement only: Provided further, That the Director may

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

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

24 Health appropriations to activities the Director may so

25 designate: Provided further, That no such appropriation

26 shall be decreased by more than 1 percent by any such
33

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1 transfers and that the Congress is promptly notified of

2 the transfer: Provided further, That the National Insti3 tutes of Health is authorized to collect third party pay4 ments for the cost of clinical services that are incurred

5 in National Institutes of Health research facilities and

6 that such payments shall be credited to the National Insti7 tutes of Health Management Fund: Provided further, That

8 all funds credited to the National Institutes of Health

9 Management Fund shall remain available for one fiscal

10 year after the fiscal year in which they are deposited: Pro11 vided further, That up to $500,000 shall be available to

12 carry out section 499 of the Public Health Service Act:

13 Provided further, That, notwithstanding section

14 499(k)(10) of the Public Health Service Act, funds from

15 the Foundation for the National Institutes of Health may

16 be transferred to the National Institutes of Health.

17 BUILDINGS AND FACILITIES

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

19 equipment for, facilities of or used by the National Insti20 tutes of Health, including the acquisition of real property,

21 $148,900,000, to remain available until expended, of

22 which $47,300,000 shall be for the neuroscience research

23 center: Provided, That notwithstanding any other provi24 sion of law, a single contract or related contracts for the

25 development and construction of the first phase of the Na26 tional Neuroscience Research Center may be employed
34

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1 which collectively include the full scope of the project: Pro2 vided further, That the solicitation and contract shall con3 tain the clause ‘‘availability of funds’’ found at 48 CFR

4 52.232–18.

5 SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES

6 ADMINISTRATION

7 SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES

8 For carrying out titles V and XIX of the Public

9 Health Service Act with respect to substance abuse and

10 mental health services, the Protection and Advocacy for

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

12 the Public Health Service Act with respect to program

13 management, $2,730,757,000: Provided, That in addition

14 to amounts provided herein, $12,000,000 shall be avail15 able from amounts available under section 241 of the Pub16 lic Health Services Act, to carry out the National House17 hold Survey on Drug Abuse.

18 AGENCY FOR HEALTHCARE RESEARCH AND QUALITY

19 HEALTHCARE RESEARCH AND QUALITY

20 For carrying out titles III and IX of the Public

21 Health Service Act, amounts received from Freedom of In22 formation Act fees, reimbursable and interagency agree23 ments, and the sale of data shall be credited to this appro24 priation and shall remain available until expended: Pro25 vided, That the amount made available pursuant to section
35

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1 926(b) of the Public Health Service Act shall not exceed

2 $269,943,000.

3 HEALTH CARE FINANCING ADMINISTRATION

4 GRANTS TO STATES FOR MEDICAID

5 For carrying out, except as otherwise provided, titles

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

7 to remain available until expended.

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

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

10 quarter of fiscal year 2001 for unanticipated costs, in11 curred for the current fiscal year, such sums as may be

12 necessary.

13 For making payments to States or in the case of sec14 tion 1928 on behalf of States under title XIX of the Social

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

16 $36,207,551,000, to remain available until expended.

17 Payment under title XIX may be made for any quar18 ter with respect to a State plan or plan amendment in

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

20 quarter and approved in that or any subsequent quarter.

21 PAYMENTS TO HEALTH CARE TRUST FUNDS

22 For payment to the Federal Hospital Insurance and

23 the Federal Supplementary Medical Insurance Trust

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

25 Social Security Act, sections 103(c) and 111(d) of the So26 cial Security Amendments of 1965, section 278(d) of Pub-
36

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1 lic Law 97–248, and for administrative expenses incurred

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

3 $70,381,600,000.

4 PROGRAM MANAGEMENT

5 For carrying out, except as otherwise provided, titles

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

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

8 the Clinical Laboratory Improvement Amendments of

9 1988, not to exceed $2,018,500,000, to be transferred

10 from the Federal Hospital Insurance and the Federal Sup11 plementary Medical Insurance Trust Funds, as authorized

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

13 all funds collected in accordance with section 353 of the

14 Public Health Service Act and such sums as may be col15 lected from authorized user fees and the sale of data,

16 which shall remain available until expended, and together

17 with administrative fees collected relative to Medicare

18 overpayment recovery activities, which shall remain avail19 able until expended: Provided, That all funds derived in

20 accordance with 31 U.S.C. 9701 from organizations estab21 lished under title XIII of the Public Health Service Act

22 shall be credited to and available for carrying out the pur23 poses of this appropriation: Provided further, That

24 $18,000,000 appropriated under this heading for the man25 aged care system redesign shall remain available until ex26 pended: Provided further, That $3,000,000 of the amount
37

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1 available for research, demonstration, and evaluation ac2 tivities shall be available to continue carrying out dem3 onstration projects on Medicaid coverage of community4 based attendant care services for people with disabilities

5 which ensures maximum control by the consumer to select

6 and manage their attendant care services: Provided fur7 ther, That the Secretary of Health and Human Services

8 is directed to collect fees in fiscal year 2001 from Medi9 care∂Choice organizations pursuant to section

10 1857(e)(2) of the Social Security Act and from eligible

11 organizations with risk-sharing contracts under section

12 1876 of that Act pursuant to section 1876(k)(4)(D) of

13 that Act: Provided further, That administrative fees col14 lected relative to Medicare overpayment recovery activities

15 shall be transferred to the Health Care Fraud and Abuse

16 Control (HCFAC) account, to be used for Medicare Integ17 rity Program (MIP) activities in addition to the amounts

18 already specified, and shall remain available until ex19 pended.

20 ADMINISTRATION FOR CHILDREN AND FAMILIES

21 LOW INCOME HOME ENERGY ASSISTANCE

22 For making payments under title XXVI of the Omni23 bus Reconciliation Act of 1981, $300,000,000: Provided,

24 That these funds are hereby designated by the Congress

25 to be emergency requirements pursuant to section
38

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1 251(b)(2)(A) of the Balanced Budget and Emergency

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

3 funds shall be made available only after submission to the

4 Congress of a formal budget request by the President that

5 includes designation of the entire amount of the request

6 as an emergency requirement as defined in such Act.

7 REFUGEE AND ENTRANT ASSISTANCE

8 For making payments for refugee and entrant assist9 ance activities authorized by title IV of the Immigration

10 and Nationality Act and section 501 of the Refugee Edu11 cation Assistance Act of 1980 (Public Law 96–422),

12 $418,321,000, to remain available through September 30,

13 2003.

14 For carrying out section 5 of the Torture Victims Re15 lief Act of 1998 (Public Law 105–320), $7,265,000.

16 PAYMENTS TO STATES FOR CHILD SUPPORT

17 ENFORCEMENT AND FAMILY SUPPORT PROGRAMS

18 For making payments to States or other non-Federal

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

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

21 U.S.C. ch. 9), $2,473,880,000, to remain available until

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

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

24 expended.

25 For making payments to each State for carrying out

26 the program of Aid to Families with Dependent Children
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1 under title IV–A of the Social Security Act before the ef2 fective date of the program of Temporary Assistance to

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

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

5 amounts available to a State with respect to expenditures

6 under such title IV–A in fiscal year 1997 under this ap7 propriation and under such title IV–A as amended by the

8 Personal Responsibility and Work Opportunity Reconcili9 ation Act of 1996 shall not exceed the limitations under

10 section 116(b) of such Act.

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

12 payments to States or other non-Federal entities under

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

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

15 the last 3 months of the current year for unanticipated

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

17 may be necessary.

18 PAYMENTS TO STATES FOR THE CHILD CARE AND

19 DEVELOPMENT BLOCK GRANT

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

21 Omnibus Budget Reconciliation Act of 1981 (The Child

22 Care and Development Block Grant Act of 1990), in addi23 tion to amounts already appropriated for fiscal year 2001,

24 $817,328,000: Provided, That of the funds appropriated

25 for fiscal year 2001, $19,120,000 shall be available for

26 child care resource and referral and school-aged child care
40

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1 activities: Provided further, That of the funds appropriated

2 for fiscal year 2001, in addition to the amounts required

3 to be reserved by the States under section 658G,

4 $222,672,000 shall be reserved by the States for activities

5 authorized under section 658G, of which $60,000,000

6 shall be for activities that improve the quality of infant

7 and toddler child care.

8 SOCIAL SERVICES BLOCK GRANT

9 For making grants to States pursuant to section

10 2002 of the Social Security Act, $600,000,000: Provided,

11 That notwithstanding section 2003(c) of such Act, as

12 amended, the amount specified for allocation under such

13 section for fiscal year 2001 shall be $600,000,000.

14 CHILDREN AND FAMILIES SERVICES PROGRAMS

15 (INCLUDING RESCISSIONS)

16 For carrying out, except as otherwise provided, the

17 Runaway and Homeless Youth Act, the Developmental

18 Disabilities Assistance and Bill of Rights Act, the Head

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

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

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

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

23 Abandoned Infants Assistance Act of 1988, part B(1) of

24 title IV and sections 413, 429A, 1110, and 1115 of the

25 Social Security Act; for making payments under the Com26 munity Services Block Grant Act, section 473A of the So-
41

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1 cial Security Act, and title IV of Public Law 105–285;

2 and for necessary administrative expenses to carry out

3 said Acts and titles I, IV, X, XI, XIV, XVI, and XX of

4 the Social Security Act, the Act of July 5, 1960 (24

5 U.S.C. ch. 9), the Omnibus Budget Reconciliation Act of

6 1981, title IV of the Immigration and Nationality Act, sec7 tion 501 of the Refugee Education Assistance Act of 1980,

8 section 5 of the Torture Victims Relief Act of 1998 (Public

9 Law 105–320), sections 40155, 40211, and 40241 of Pub10 lic Law 103–322 and section 126 and titles IV and V of

11 Public Law 100–485, $7,881,586,000, of which

12 $41,791,000, to remain available until September 30,

13 2002, shall be for grants to States for adoption incentive

14 payments, as authorized by section 473A of title IV of the

15 Social Security Act (42 U.S.C. 670–679); of which

16 $134,074,000, to remain available until expended, shall be

17 for activities authorized by sections 40155, 40211, and

18 40241 of Public Law 103–322; of which $606,676,000

19 shall be for making payments under the Community Serv20 ices Block Grant Act; and of which $6,267,000,000 shall

21 be for making payments under the Head Start Act, of

22 which $1,400,000,000 shall become available October 1,

23 2001 and remain available through September 30, 2002:

24 Provided, That to the extent Community Services Block

25 Grant funds are distributed as grant funds by a State to
42

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1 an eligible entity as provided under the Act, and have not

2 been expended by such entity, they shall remain with such

3 entity for carryover into the next fiscal year for expendi4 ture by such entity consistent with program purposes: Pro5 vided further, That the Secretary shall establish proce6 dures regarding the disposition of intangible property

7 which permits grant funds, or intangible assets acquired

8 with funds authorized under section 680 of the Commu9 nity Services Block Grant Act, as amended, to become the

10 sole property of such grantees after a period of not more

11 than 12 years after the end of the grant for purposes and

12 uses consistent with the original grant.

13 Funds appropriated for fiscal year 2000 under sec14 tion 429A(e), part B of title IV of the Social Security Act

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

16 Funds appropriated for fiscal year 2000 under sec17 tion 413(h)(1) of the Social Security Act shall be reduced

18 by $15,000,000.

19 PROMOTING SAFE AND STABLE FAMILIES

20 For carrying out section 430 of the Social Security

21 Act, $305,000,000.

22 PAYMENTS TO STATES FOR FOSTER CARE AND ADOPTION

23 ASSISTANCE

24 For making payments to States or other non-Federal

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

26 $4,868,100,000.
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1 For making payments to States or other non-Federal

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

3 the first quarter of fiscal year 2002, $1,735,900,000.

4 ADMINISTRATION ON AGING

5 AGING SERVICES PROGRAMS

6 For carrying out, to the extent not otherwise pro7 vided, the Older Americans Act of 1965, as amended, and

8 section 398 of the Public Health Service Act,

9 $954,619,000: 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: Provided further, That in considering grant applica16 tions for nutrition services for elder Indian recipients, the

17 Assistant Secretary shall provide maximum flexibility to

18 applicants who seek to take into account subsistence, local

19 customs, and other characteristics that are appropriate to

20 the unique cultural, regional, and geographic needs of the

21 American Indian, Alaska and Hawaiian Native commu22 nities to be served.
44

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1 OFFICE OF THE SECRETARY

2 GENERAL DEPARTMENTAL MANAGEMENT

3 For necessary expenses, not otherwise provided, for

4 general departmental management, including hire of six

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

6 the Public Health Service Act, and the United States-Mex7 ico Border Health Commission Act, $206,766,000, to8 gether with $5,851,000, to be transferred and expended

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

10 Act from the Hospital Insurance Trust Fund and the Sup11 plemental Medical Insurance Trust Fund: Provided fur12 ther, That of the funds made available under this heading

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

14 $10,569,000 shall be for activities specified under section

15 2003(b)(2), of which $9,131,000 shall be for prevention

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

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

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

19 XX.

20 OFFICE OF INSPECTOR GENERAL

21 For expenses necessary for the Office of Inspector

22 General in carrying out the provisions of the Inspector

23 General Act of 1978, as amended, $33,849,000.

24 OFFICE FOR CIVIL RIGHTS

25 For expenses necessary for the Office for Civil

26 Rights, $20,742,000, together with not to exceed
45

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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 public health and social services, $264,600,000.

23 GENERAL PROVISIONS

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

25 available for not to exceed $37,000 for official reception
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1 and representation expenses when specifically approved by

2 the Secretary.

3 SEC. 202. The Secretary shall make available through

4 assignment not more than 60 employees of the Public

5 Health Service to assist in child survival activities and to

6 work in AIDS programs through and with funds provided

7 by the Agency for International Development, the United

8 Nations International Children’s Emergency Fund or the

9 World Health Organization.

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

11 Act may be used to implement section 399L(b) of the Pub12 lic Health Service Act or section 1503 of the National In13 stitutes of Health Revitalization Act of 1993, Public Law

14 103–43.

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

16 for the National Institutes of Health and the Substance

17 Abuse and Mental Health Services Administration shall

18 be used to pay the salary of an individual, through a grant

19 or other extramural mechanism, at a rate in excess of Ex20 ecutive Level II.

21 SEC. 205. Notwithstanding section 241(a) of the

22 Public Health Service Act, such portion as the Secretary

23 shall determine, but not more than 1.6 percent, of any

24 amounts appropriated for programs authorized under the

25 PHS Act shall be made available for the evaluation (di-
47

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1 rectly or by grants or contracts) of the implementation

2 and effectiveness of such programs.

3 (TRANSFER OF FUNDS)

4 SEC. 206. Not to exceed 1 percent of any discre5 tionary funds (pursuant to the Balanced Budget and

6 Emergency Deficit Control Act of 1985, as amended)

7 which are appropriated for the current fiscal year for the

8 Department of Health and Human Services in this Act

9 may be transferred between appropriations, but no such

10 appropriation shall be increased by more than 3 percent

11 by any such transfer: Provided, That the Appropriations

12 Committees of both Houses of Congress are notified at

13 least 15 days in advance of any transfer.

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

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

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

17 centers, and divisions from the total amounts identified

18 by these two Directors as funding for research pertaining

19 to the human immunodeficiency virus: Provided, That the

20 Congress is promptly notified of the transfer.

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

22 for the National Institutes of Health, the amount for re23 search related to the human immunodeficiency virus, as

24 jointly determined by the Director of the National Insti25 tutes of Health and the Director of the Office of AIDS

26 Research, shall be made available to the ‘‘Office of AIDS
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1 Research’’ account. The Director of the Office of AIDS

2 Research shall transfer from such account amounts nec3 essary to carry out section 2353(d)(3) of the Public

4 Health Service Act.

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

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

7 Public Health Service Act unless the applicant for the

8 award certifies to the Secretary that it encourages family

9 participation in the decision of minors to seek family plan10 ning services and that it provides counseling to minors on

11 how to resist attempts to coerce minors into engaging in

12 sexual activities.

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

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

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

16 Secretary denies participation in such program to an oth17 erwise eligible entity (including a Provider Sponsored Or18 ganization) because the entity informs the Secretary that

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

20 referrals for abortions: Provided, That the Secretary shall

21 make appropriate prospective adjustments to the capita22 tion payment to such an entity (based on an actuarially

23 sound estimate of the expected costs of providing the serv24 ice to such entity’s enrollees): Provided further, That noth25 ing in this section shall be construed to change the Medi-
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1 care program’s coverage for such services and a

2 Medicare+Choice organization described in this section

3 shall be responsible for informing enrollees where to obtain

4 information about all Medicare covered services.

5 SEC. 211. (a) MENTAL HEALTH.—Section 1918(b)

6 of the Public Health Service Act (42 U.S.C. 300x–7(b))

7 is amended to read as follows:

8 ‘‘(b) MINIMUM ALLOTMENTS FOR STATES.—Each

9 State’s allotment for fiscal year 2001 for programs under

10 this subpart shall not be less than such State’s allotment

11 for such programs for fiscal year 2000.’’.

12 (b) SUBSTANCE ABUSE.—Section 1933(b) of the

13 Public Health Service Act (42 U.S.C. 300x–33(b)) is

14 amended to read as follows:

15 ‘‘(b) MINIMUM ALLOTMENTS FOR STATES.—Each

16 State’s allotment for fiscal year 2001 for programs under

17 this subpart shall not be less than such State’s allotment

18 for such programs for fiscal year 2000.’’.

19 SEC. 212. Notwithstanding any other provision of

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

21 Health Service Act shall be exempt from any State law

22 requiring notification or the reporting of child abuse, child

23 molestation, sexual abuse, rape, or incest.

24 SEC. 213. EXTENSION OF CERTAIN ADJUDICATION

25 PROVISIONS.—The Foreign Operations, Export Financ-
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1 ing, and Related Programs Appropriations Act, 1990

2 (Public Law 101–167) is amended—

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

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

5 ‘‘1997, 1998, 1999, and 2000’’ and inserting

6 ‘‘1997, 1998, 1999, 2000 and 2001’’; and

7 (B) in subsection (e), by striking ‘‘October

8 1, 2000’’ each place it appears and inserting

9 ‘‘October 1, 2001’’; and

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

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

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

13 SEC. 214. None of the funds provided in this Act or

14 in any other Act making appropriations for fiscal year

15 2001 may be used to administer or implement in Arizona

16 or in the Kansas City, Missouri or in the Kansas City,

17 Kansas area the Medicare Competitive Pricing Dem18 onstration Project (operated by the Secretary of Health

19 and Human Services).

20 SEC. 215. WITHHOLDING OF SUBSTANCE ABUSE

21 FUNDS. (a) IN GENERAL.—None of the funds appro22 priated by this Act may be used to withhold substance

23 abuse funding from a State pursuant to section 1926 of

24 the Public Health Service Act (42 U.S.C. 300x–26) if such

25 State certifies to the Secretary of Health and Human
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1 Services by December 15, 2000 that the State will commit

2 additional State funds, in accordance with subsection (b),

3 to ensure compliance with State laws prohibiting the sale

4 of tobacco products to individuals under 18 years of age.

5 (b) AMOUNT OF STATE FUNDS.—The amount of

6 funds to be committed by a State under subsection (a)

7 shall be equal to 1 percent of such State’s substance abuse

8 block grant allocation for each percentage point by which

9 the State misses the retailer compliance rate goal estab10 lished by the Secretary of Health and Human Services

11 under section 1926 of such Act.

12 (c) ADDITIONAL STATE FUNDS.—The State is to

13 maintain State expenditures in fiscal year 2001 for to14 bacco prevention programs and for compliance activities

15 at a level that is not less than the level of such expendi16 tures maintained by the State for fiscal year 2000, and

17 adding to that level the additional funds for tobacco com18 pliance activities required under subsection (a). The State

19 is to submit a report to the Secretary on all fiscal year

20 2000 State expenditures and all fiscal year 2001 obliga21 tions for tobacco prevention and compliance activities by

22 program activity by July 31, 2001.

23 (d) ENFORCEMENT OF STATE OBLIGATIONS.—The

24 Secretary shall exercise discretion in enforcing the timing

25 of the State obligation of the additional funds required
52

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1 by the certification described in subsection (a) as late as

2 July 31, 2000.

3 SEC. 216. Section 403(a)(3) of the Social Security

4 Act (42 U.S.C. 603(a)(3)) is amended—

5 (1) in subparagraph (A)—

6 (A) in clause (i), by striking ‘‘and’’ at the

7 end;

8 (B) in clause (ii)—

9 (i) by striking ‘‘1999, 2000, and

10 2001’’ and inserting ‘‘1999 and 2000’’;

11 and

12 (ii) by striking the period at the end

13 and inserting ‘‘; and’’; and

14 (C) by adding at the end the following new

15 clause:

16 ‘‘(iii) for fiscal year 2001, a grant in

17 an amount equal to the amount of the

18 grant to the State under clause (i) for fis19 cal year 1998.’’ and

20 (2) in subparagraph (G), by inserting at the

21 end, ‘‘Upon enactment, the provisions of this Act

22 that would have been estimated by the Director of

23 the Office of Management and Budget as changing

24 direct spending and receipts for fiscal year 2001

25 under section 252 of the Balanced Budget and
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1 Emergency Deficit Control Act of 1985 (Public Law

2 99–177), to the extent such changes would have

3 been estimated to result in savings in fiscal year

4 2001 of $240,000,000 in budget authority and

5 $122,000,000 in outlays, shall be treated as if en6 acted in an appropriations act pursuant to Rule 3 of

7 the Budget Scorekeeping Guidelines set forth in the

8 Joint Explanatory Statement of the Committee of

9 Conference accompanying Conference Report No.

10 105–217, thereby changing discretionary spending

11 under section 251 of that Act.’’.

12 SEC. 217. (a) Notwithstanding Section 2104(f) of the

13 Social Security Act (the Act), the Secretary of Health and

14 Human Services shall reduce the amounts allotted to a

15 State under subsection (b) of the Act for fiscal year 1998

16 by the applicable amount with respect to the State; and

17 (b) Notwithstanding Section 2104(a) of the Act, the

18 Secretary shall increase the amount otherwise payable to

19 each State under such subsection for fiscal year 2003 by

20 the amount of the reduction made under paragraph (a)

21 of this section. Funds made available under this sub22 section shall remain available through September 30,

23 2004.

24 (c) APPLICABLE AMOUNT DEFINED.—In subsection

25 (a), with respect to a State, the term ‘‘applicable amount’’
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1 means, with respect to a State, an amount bearing the

2 same proportion to $1,900,000,000 as the unexpended

3 balance of its fiscal year 1998 allotment as of September

4 30, 2000, which would otherwise be redistributed to States

5 in fiscal year 2001 under Section 2104(f) of the Act, bears

6 to the sum of the unexpended balances of fiscal year 1998

7 allotments for all States as of September 30, 2000: Pro8 vided, That, the applicable amount for a State shall not

9 exceed the unexpended balance of its fiscal year 1998 al10 lotment as of September 30, 2000.

11 TITLE III—DEPARTMENT OF EDUCATION

12 OFFICE OF ELEMENTARY AND SECONDARY EDUCATION

13 EDUCATION REFORM

14 For carrying out activities authorized by title IV of

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

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

17 and 3141, parts B, C, and D of title III, and part I of

18 title X of the Elementary and Secondary Education Act

19 of 1965, $1,434,500,000, of which $40,000,000 shall be

20 for the Goals 2000: Educate America Act, and of which

21 $192,000,000 shall be for section 3122: Provided, That

22 up to one-half of 1 percent of the amount available under

23 section 3132 shall be set aside for the outlying areas, to

24 be distributed on the basis of their relative need as deter25 mined by the Secretary in accordance with the purposes
55

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1 of the program: Provided further, That if any State edu2 cational agency does not apply for a grant under section

3 3132, that State’s allotment under section 3131 shall be

4 reserved by the Secretary for grants to local educational

5 agencies in that State that apply directly to the Secretary

6 according to the terms and conditions published by the

7 Secretary in the Federal Register: Provided further, That,

8 notwithstanding part I of title X of the Elementary and

9 Secondary Education Act of 1965 or any other provision

10 of law, a community-based organization that has experi11 ence in providing before- and after-school services shall be

12 eligible to receive a grant under that part, on the same

13 basis as a school or consortium described in section 10904

14 of that Act, and the Secretary shall give priority to any

15 application for such a grant that is submitted jointly by

16 such a community-based organization and such a school

17 or consortium.

18 EDUCATION FOR THE DISADVANTAGED

19 For carrying out title I of the Elementary and Sec20 ondary Education Act of 1965, and section 418A of the

21 Higher Education Act of 1965, $8,986,800,000, of which

22 $2,729,958,000 shall become available on July 1, 2001,

23 and shall remain available through September 30, 2002,

24 and of which $6,223,342,000 shall become available on

25 October 1, 2001 and shall remain available through Sep26 tember 30, 2002, for academic year 2000–2001: Provided,
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1 That $7,113,403,000 shall be available for basic grants

2 under section 1124: Provided further, That up to

3 $3,500,000 of these funds shall be available to the Sec4 retary on October 1, 2000, to obtain updated local edu5 cational agency level census poverty data from the Bureau

6 of the Census: Provided further, That $1,222,397,000

7 shall be available for concentration grants under section

8 1124A: Provided further, That grant awards under sec9 tions 1124 and 1124A of title I of the Elementary and

10 Secondary Education Act of 1965 shall be made to each

11 State and local educational agency at no less than 100

12 percent of the amount such State or local educational

13 agency received under this authority for fiscal year 2000:

14 Provided further, That notwithstanding any other provi15 sion of law, grant awards under section 1124A of title I

16 of the Elementary and Secondary Education Act of 1965

17 shall be made to those local educational agencies that re18 ceived a Concentration Grant under the Department of

19 Education Appropriations Act, 2000, but are not eligible

20 to receive such a grant for fiscal year 2001: Provided fur21 ther, That each such local educational agency shall receive

22 an amount equal to the Concentration Grant the agency

23 received in fiscal year 2000, ratably reduced, if necessary,

24 to ensure that these local educational agencies receive no

25 greater share of their hold-harmless amounts than other
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1 local educational agencies: Provided further, That notwith2 standing any other provision of law, in calculating the

3 amount of Federal assistance awarded to a State or local

4 educational agency under any program under title I of the

5 Elementary and Secondary Education Act of 1965 (20

6 U.S.C. 6301 et seq.) on the basis of a formula described

7 in section 1124 or 1124A of such Act (20 U.S.C. 6333,

8 6334), any funds appropriated for the program in excess

9 of the amount appropriated for the program for fiscal year

10 2000 shall be awarded according to the formula, except

11 that, for such purposes, the formula shall be applied only

12 to States or local educational agencies that experience a

13 reduction under the program for fiscal year 2001 as a re14 sult of the application of the 100 percent hold harmless

15 provisions under the heading ‘‘Education for the Dis16 advantaged’’: Provided further, That the Secretary shall

17 not take into account the hold harmless provisions in this

18 section in determining State allocations under any other

19 program administered by the Secretary in any fiscal year.

20 IMPACT AID

21 For carrying out programs of financial assistance to

22 federally affected schools authorized by title VIII of the

23 Elementary and Secondary Education Act of 1965,

24 $1,030,000,000, of which $818,000,000 shall be for basic

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

26 shall be for payments for children with disabilities under
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1 section 8003(d), $82,000,000, to remain available until

2 expended, shall be for payments under section 8003(f),

3 $25,000,000 shall be for construction under section 8007,

4 $47,000,000 shall be for Federal property payments under

5 section 8002 and $8,000,000 to remain available until ex6 pended shall be for facilities maintenance under section

7 8008.

8 SCHOOL IMPROVEMENT PROGRAMS

9 For carrying out school improvement activities au10 thorized by titles II, IV, V–A and B, VI, IX, X, and XIII

11 of the Elementary and Secondary Education Act of 1965

12 (‘‘ESEA’’); the Stewart B. McKinney Homeless Assist13 ance Act; and the Civil Rights Act of 1964 and part B

14 of title VIII of the Higher Education Act of 1965;

15 $4,672,534,000, of which $1,100,200,000 shall become

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

17 September 30, 2002, and of which $2,915,000,000 shall

18 become available on October 1, 2001 and shall remain

19 available through September 30, 2002 for academic year

20 2001–2002: Provided, That of the amount appropriated,

21 $435,000,000 shall be for Eisenhower professional devel22 opment State grants under title II–B and $3,100,000,000

23 shall be for title VI and up to $750,000 shall be for an

24 evaluation of comprehensive regional assistance centers

25 under title XIII of ESEA: Provided further, That of the

26 amount made available for Title VI, $2,700,000,000 shall
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1 be available, notwithstanding any other provision of law,

2 for purposes consistent with title VI to be determined by

3 the local education agency as part of a local strategy for

4 improving academic achievement: Provided further, That

5 these funds may also be used to address the shortage of

6 highly qualified teachers to reduce class size, particularly

7 in early grades, using highly qualified teachers to improve

8 educational achievement for regular and special needs chil9 dren; to support efforts to recruit, train and retrain highly

10 qualified teachers or for school construction and renova11 tion of facilities, at the sole discretion of the local edu12 cational agency.

13 READING EXCELLENCE

14 For necessary expenses to carry out the Reading Ex15 cellence Act, $91,000,000, which shall become available on

16 July 1, 2001 and shall remain available through Sep17 tember 30, 2002 and $195,000,000 which shall become

18 available on October 1, 2001 and remain available through

19 September 30, 2002.

20 INDIAN EDUCATION

21 For expenses necessary to carry out, to the extent

22 not otherwise provided, title IX, part A of the Elementary

23 and Secondary Education Act of 1965, as amended,

24 $115,500,000.
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1 OFFICE OF BILINGUAL EDUCATION AND MINORITY

2 LANGUAGES AFFAIRS

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, without regard to section 7103(b),

9 $443,000,000: Provided, That State educational agencies

10 may use all, or any part of, their part C allocation for

11 competitive grants to local educational agencies.

12 OFFICE OF SPECIAL EDUCATION AND REHABILITATIVE

13 SERVICES

14 SPECIAL EDUCATION

15 For carrying out the Individuals with Disabilities

16 Education Act, $7,352,341,000, of which $2,464,452,000

17 shall become available for obligation on July 1, 2001, and

18 shall remain available through September 30, 2002, and

19 of which $4,624,000,000 shall become available on Octo20 ber 1, 2001 and shall remain available through September

21 30, 2002, for academic year 2001–2002: Provided, That

22 $1,500,000 shall be for the recipient of funds provided by

23 Public Law 105–78 under section 687(b)(2)(G) of the Act

24 to provide information on diagnosis, intervention, and

25 teaching strategies for children with disabilities: Provided
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1 further, That the amount for section 611(c) of the Act

2 shall be equal to the amount available for that section

3 under Public Law 106–113, increased by the rate of infla4 tion as specified in section 611(f)(1)(B)(ii) of the Act.

5 REHABILITATION SERVICES AND DISABILITY RESEARCH

6 For carrying out, to the extent not otherwise pro7 vided, the Rehabilitation Act of 1973, the Assistive Tech8 nology Act of 1998, and the Helen Keller National Center

9 Act, $2,799,519,000: Provided, That notwithstanding sec10 tion 105(b)(1) of the Assistive Technology Act of 1998

11 (‘‘the AT Act’’), each State shall be provided $50,000 for

12 activities under section 102 of the AT Act: Provided fur13 ther, That notwithstanding section 105(b)(1) and section

14 101(f)(2) and (3) of the Assistive Technology Act of 1998,

15 each State shall be provided a minimum of $500,000 for

16 activities under section 101: Provided further, That

17 $7,000,000 shall be used to support grants for up to three

18 years to states under title III of the AT Act, of which

19 the Federal share shall not exceed 75 percent in the first

20 year, 50 percent in the second year, and 25 percent in

21 the third year, and that the requirements in section

22 301(c)(2) and section 302 of that Act shall not apply to

23 such grants.
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1 SPECIAL INSTITUTIONS FOR PERSONS WITH

2 DISABILITIES

3 AMERICAN PRINTING HOUSE FOR THE BLIND

4 For carrying out the Act of March 3, 1879, as

5 amended (20 U.S.C. 101 et seq.), $12,500,000.

6 NATIONAL TECHNICAL INSTITUTE FOR THE DEAF

7 For the National Technical Institute for the Deaf

8 under titles I and II of the Education of the Deaf Act

9 of 1986 (20 U.S.C. 4301 et seq.), $54,366,000, of which

10 $7,176,000 shall be for construction and shall remain

11 available until expended: Provided, That from the total

12 amount available, the Institute may at its discretion use

13 funds for the endowment program as authorized under

14 section 207.

15 GALLAUDET UNIVERSITY

16 For the Kendall Demonstration Elementary School,

17 the Model Secondary School for the Deaf, and the partial

18 support of Gallaudet University under titles I and II of

19 the Education of the Deaf Act of 1986 (20 U.S.C. 4301

20 et seq.), $87,650,000: Provided, That from the total

21 amount available, the University may at its discretion use

22 funds for the endowment program as authorized under

23 section 207.
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1 OFFICE OF VOCATIONAL AND ADULT EDUCATION

2 VOCATIONAL AND ADULT EDUCATION

3 For carrying out, to the extent not otherwise pro4 vided, the Carl D. Perkins Vocational and Technical Edu5 cation Act, the Adult Education and Family Literacy Act,

6 and title VIII–D of the Higher Education Act of 1965,

7 as amended, and Public Law 102–73, $1,726,600,000, of

8 which $1,000,000 shall remain available until expended,

9 and of which $929,000,000 shall become available on July

10 1, 2001 and shall remain available through September 30,

11 2002 and of which $791,000,000 shall become available

12 on October 1, 2001 and shall remain available through

13 September 30, 2002: Provided, That of the amounts made

14 available for the Carl D. Perkins Vocational and Technical

15 Education Act, $5,600,000 shall be for tribally controlled

16 postsecondary vocational and technical institutions under

17 section 117: Provided further, That $9,000,000 shall be

18 for carrying out section 118 of such Act: Provided further,

19 That up to 15 percent of the funds provided may be used

20 by the national entity designated under section 118(a) to

21 cover the cost of authorized activities and operations, in22 cluding Federal salaries and expenses: Provided further,

23 That the national entity is authorized, effective upon en24 actment, to charge fees for publications, training, and

25 technical assistance developed by that national entity: Pro-
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1 vided further, That revenues received from publications

2 and delivery of technical assistance and training, notwith3 standing 31 U.S.C. 3302, may be credited to the national

4 entity’s account and shall be available to the national enti5 ty, without fiscal year limitation, so long as such revenues

6 are used for authorized activities and operations of the

7 national entity: Provided further, That of the funds made

8 available to carry out section 204 of the Perkins Act, all

9 funds that a State receives in excess of its prior-year allo10 cation shall be competitively awarded: Provided further,

11 That in making these awards, each State shall give pri12 ority to consortia whose applications most effectively inte13 grate all components under section 204(c): Provided fur14 ther, That of the amounts made available for the Carl D.

15 Perkins Vocational and Technical Education Act,

16 $5,000,000 shall be for demonstration activities author17 ized by section 207: Provided further, That of the amounts

18 made available for the Adult Education and Family Lit19 eracy Act, $14,000,000 shall be for national leadership ac20 tivities under section 243 and $6,500,000 shall be for the

21 National Institute for Literacy under section 242: Pro22 vided further, That $22,000,000 shall be for Youth Of23 fender Grants, of which $5,000,000 shall be used in ac24 cordance with section 601 of Public Law 102–73 as that

25 section was in effect prior to the enactment of Public Law
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1 105–220: Provided further, That of the amounts made

2 available for title I of the Perkins Act, the Secretary may

3 reserve up to 0.54 percent for incentive grants under sec4 tion 503 of the Workforce Investment Act, without regard

5 to section 111(a)(1)(C) of the Perkins Act: Provided fur6 ther, That of the amounts made available for the Adult

7 Education and Family Literacy Act, the Secretary may

8 reserve up to 0.54 percent for incentive grants under sec9 tion 503 of the Workforce Investment Act, without regard

10 to section 211(a)(3) of the Adult Education and Family

11 Literacy Act.

12 OFFICE OF STUDENT FINANCIAL ASSISTANCE

13 STUDENT FINANCIAL ASSISTANCE

14 For carrying out subparts 1, 3 and 4 of part A, part

15 C and part E of title IV of the Higher Education Act of

16 1965, as amended, $10,624,000,000, which shall remain

17 available through September 30, 2002.

18 The maximum Pell Grant for which a student shall

19 be eligible during award year 2001–2002 shall be $3,650:

20 Provided, That notwithstanding section 401(g) of the Act,

21 if the Secretary determines, prior to publication of the

22 payment schedule for such award year, that the amount

23 included within this appropriation for Pell Grant awards

24 in such award year, and any funds available from the fis25 cal year 2000 appropriation for Pell Grant awards, are
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1 insufficient to satisfy fully all such awards for which stu2 dents are eligible, as calculated under section 401(b) of

3 the Act, the amount paid for each such award shall be

4 reduced by either a fixed or variable percentage, or by a

5 fixed dollar amount, as determined in accordance with a

6 schedule of reductions established by the Secretary for this

7 purpose.

8 FEDERAL FAMILY EDUCATION LOAN PROGRAM ACCOUNT

9 For Federal administrative expenses to carry out

10 guaranteed student loans authorized by title IV, part B,

11 of the Higher Education Act of 1965, as amended,

12 $48,000,000.

13 OFFICE OF POSTSECONDARY EDUCATION

14 HIGHER EDUCATION

15 For carrying out, to the extent not otherwise pro16 vided, section 121 and titles II, III, IV, V, VI, VII, and

17 VIII of the Higher Education Act of 1965, as amended,

18 and the Mutual Educational and Cultural Exchange Act

19 of 1961; $1,694,520,000, of which $10,000,000 for inter20 est subsidies authorized by section 121 of the Higher Edu21 cation Act of 1965, shall remain available until expended:

22 Provided, That $11,000,000, to remain available through

23 September 30, 2002, shall be available to fund fellowships

24 under part A, subpart 1 of title VII of said Act, of which

25 up to $1,000,000 shall be available to fund fellowships for

26 academic year 2001–2002, and the remainder shall be
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1 available to fund fellowships for academic year 2002–

2 2003: Provided further, That $3,000,000 is for data collec3 tion and evaluation activities for programs under the

4 Higher Education Act of 1965, including such activities

5 needed to comply with the Government Performance and

6 Results Act of 1993: Provided further, That section

7 404F(a) of the Higher Education Amendments of 1998

8 is amended by striking out ‘‘using funds appropriated

9 under section 404H that do not exceed $200,000’’ and

10 inserting in lieu thereof ‘‘using not more than 0.2 percent

11 of the funds appropriated under section 404H’’.

12 HOWARD UNIVERSITY

13 For partial support of Howard University (20 U.S.C.

14 121 et seq.), $224,000,000, of which not less than

15 $3,530,000 shall be for a matching endowment grant pur16 suant to the Howard University Endowment Act (Public

17 Law 98–480) and shall remain available until expended.

18 COLLEGE HOUSING AND ACADEMIC FACILITIES LOANS

19 PROGRAM

20 For Federal administrative expenses authorized

21 under section 121 of the Higher Education Act of 1965,

22 $737,000 to carry out activities related to existing facility

23 loans entered into under the Higher Education Act of

24 1965.
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1 HISTORICALLY BLACK COLLEGE AND UNIVERSITY

2 CAPITAL FINANCING PROGRAM ACCOUNT

3 The total amount of bonds insured pursuant to sec4 tion 344 of title III, part D of the Higher Education Act

5 of 1965 shall not exceed $357,000,000, and the cost, as

6 defined in section 502 of the Congressional Budget Act

7 of 1974, of such bonds shall not exceed zero.

8 For administrative expenses to carry out the Histori9 cally Black College and University Capital Financing Pro10 gram entered into pursuant to title III, part D of the

11 Higher Education Act of 1965, as amended, $208,000.

12 OFFICE OF EDUCATIONAL RESEARCH AND

13 IMPROVEMENT

14 EDUCATION RESEARCH, STATISTICS, AND IMPROVEMENT

15 For carrying out activities authorized by the Edu16 cational Research, Development, Dissemination, and Im17 provement Act of 1994, including part E; the National

18 Education Statistics Act of 1994, including sections 411

19 and 412; section 2102 of title II, and parts A, B, and

20 K and section 10102, section 10105, and 10601 of title

21 X, and part C of title XIII of the Elementary and Sec22 ondary Education Act of 1965, as amended, and title VI

23 of Public Law 103–227, $496,519,000: Provided, That of

24 the funds appropriated under section 10601 of title X of

25 the Elementary and Secondary Education Act of 1965, as
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1 amended, $1,500,000 shall be used to conduct a violence

2 prevention demonstration program: Provided further, That

3 $40,000,000 of the funds provided for the national edu4 cation research institutes shall be allocated notwith5 standing section 912(m)(1)(B–F) and subparagraphs (B)

6 and (C) of section 931(c)(2) of Public Law 103–227: Pro7 vided further, That of the funds available for section

8 10601 of title X of the Elementary and Secondary Edu9 cation Act of 1965, as amended, $150,000 shall be award10 ed to the Center for Educational Technologies to complete

11 production and distribution of an effective CD–ROM prod12 uct that would complement the ‘‘We the People: The Cit13 izen and the Constitution’’ curriculum: Provided further,

14 That, in addition to the funds for title VI of Public Law

15 103–227 and notwithstanding the provisions of section

16 601(c)(1)(C) of that Act, $1,000,000 shall be available to

17 the Center for Civic Education to conduct a civic edu18 cation program with Northern Ireland and the Republic

19 of Ireland and, consistent with the civics and Government

20 activities authorized in section 601(c)(3) of Public Law

21 103–227, to provide civic education assistance to democ22 racies in developing countries. The term ‘‘developing coun23 tries’’ shall have the same meaning as the term ‘‘devel24 oping country’’ in the Education for the Deaf Act.
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1 DEPARTMENTAL MANAGEMENT

2 PROGRAM ADMINISTRATION

3 For carrying out, to the extent not otherwise pro4 vided, the Department of Education Organization Act, in5 cluding rental of conference rooms in the District of Co6 lumbia and hire of two passenger motor vehicles,

7 $396,672,000.

8 OFFICE FOR CIVIL RIGHTS

9 For expenses necessary for the Office for Civil

10 Rights, as authorized by section 203 of the Department

11 of Education Organization Act, $73,224,000.

12 OFFICE OF THE INSPECTOR GENERAL

13 For expenses necessary for the Office of Inspector

14 General, as authorized by section 212 of the Department

15 of Education Organization Act, $35,456,000.

16 GENERAL PROVISIONS

17 SEC. 301. No funds appropriated in this Act may be

18 used for the transportation of students or teachers (or for

19 the purchase of equipment for such transportation) in

20 order to overcome racial imbalance in any school or school

21 system, or for the transportation of students or teachers

22 (or for the purchase of equipment for such transportation)

23 in order to carry out a plan of racial desegregation of any

24 school or school system.

25 SEC. 302. None of the funds contained in this Act

26 shall be used to require, directly or indirectly, the trans-
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1 portation of any student to a school other than the school

2 which is nearest the student’s home, except for a student

3 requiring special education, to the school offering such

4 special education, in order to comply with title VI of the

5 Civil Rights Act of 1964. For the purpose of this section

6 an indirect requirement of transportation of students in7 cludes the transportation of students to carry out a plan

8 involving the reorganization of the grade structure of

9 schools, the pairing of schools, or the clustering of schools,

10 or any combination of grade restructuring, pairing or clus11 tering. The prohibition described in this section does not

12 include the establishment of magnet schools.

13 SEC. 303. No funds appropriated under this Act may

14 be used to prevent the implementation of programs of vol15 untary prayer and meditation in the public schools.

16 (TRANSFER OF FUNDS)

17 SEC. 304. Not to exceed 1 percent of any discre18 tionary funds (pursuant to the Balanced Budget and

19 Emergency Deficit Control Act of 1985, as amended)

20 which are appropriated for the Department of Education

21 in this Act may be transferred between appropriations, but

22 no such appropriation shall be increased by more than 3

23 percent by any such transfer: Provided, That the Appro24 priations Committees of both Houses of Congress are noti25 fied at least 15 days in advance of any transfer.
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1 TITLE IV—RELATED AGENCIES

2 ARMED FORCES RETIREMENT HOME

3 ARMED FORCES RETIREMENT HOME

4 For expenses necessary for the Armed Forces Retire5 ment Home to operate and maintain the United States

6 Soldiers’ and Airmen’s Home and the United States Naval

7 Home, to be paid from funds available in the Armed

8 Forces Retirement Home Trust Fund, $69,832,000, of

9 which $9,832,000 shall remain available until expended

10 for construction and renovation of the physical plants at

11 the United States Soldiers’ and Airmen’s Home and the

12 United States Naval Home: Provided, That, notwith13 standing any other provision of law, a single contract or

14 related contracts for development and construction, to in15 clude construction of a long-term care facility at the

16 United States Naval Home, may be employed which collec17 tively include the full scope of the project: Provided fur18 ther, That the solicitation and contract shall contain the

19 clause ‘‘availability of funds’’ found at 48 CFR 52.232–

20 18 and 252.232–7007, Limitation of Government Obliga21 tions. In addition, for completion of the long-term care

22 facility at the United States Naval Home, $6,228,000 to

23 become available on October 1, 2001, and remain available

24 until expended.
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1 CORPORATION FOR NATIONAL AND COMMUNITY SERVICE

2 DOMESTIC VOLUNTEER SERVICE PROGRAMS, OPERATING

3 EXPENSES

4 For expenses necessary for the Corporation for Na5 tional and Community Service to carry out the provisions

6 of the Domestic Volunteer Service Act of 1973, as amend7 ed, $302,504,000: Provided, That none of the funds made

8 available to the Corporation for National and Community

9 Service in this Act for activities authorized by part E of

10 title II of the Domestic Volunteer Service Act of 1973

11 shall be used to provide stipends or other monetary incen12 tives to volunteers or volunteer leaders whose incomes ex13 ceed 125 percent of the national poverty level.

14 CORPORATION FOR PUBLIC BROADCASTING

15 For payment to the Corporation for Public Broad16 casting, as authorized by the Communications Act of

17 1934, an amount which shall be available within limita18 tions specified by that Act, for the fiscal year 2003,

19 $365,000,000: Provided, That no funds made available to

20 the Corporation for Public Broadcasting by this Act shall

21 be used to pay for receptions, parties, or similar forms

22 of entertainment for Government officials or employees:

23 Provided further, That none of the funds contained in this

24 paragraph shall be available or used to aid or support any

25 program or activity from which any person is excluded,
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1 or is denied benefits, or is discriminated against, on the

2 basis of race, color, national origin, religion, or sex: Pro3 vided further, That in addition to the amounts provided

4 above, $20,000,000, to remain available until expended,

5 shall be for digitalization, pending enactment of author6 izing legislation.

7 FEDERAL MEDIATION AND CONCILIATION SERVICE

8 SALARIES AND EXPENSES

9 For expenses necessary for the Federal Mediation

10 and Conciliation Service to carry out the functions vested

11 in it by the Labor Management Relations Act, 1947 (29

12 U.S.C. 171–180, 182–183), including hire of passenger

13 motor vehicles; for expenses necessary for the Labor-Man14 agement Cooperation Act of 1978 (29 U.S.C. 175a); and

15 for expenses necessary for the Service to carry out the

16 functions vested in it by the Civil Service Reform Act,

17 Public Law 95–454 (5 U.S.C. ch. 71), $38,200,000, in18 cluding $1,500,000, to remain available through Sep19 tember 30, 2002, for activities authorized by the Labor20 Management Cooperation Act of 1978 (29 U.S.C. 175a):

21 Provided, That notwithstanding 31 U.S.C. 3302, fees

22 charged, up to full-cost recovery, for special training ac23 tivities and other conflict resolution services and technical

24 assistance, including those provided to foreign govern25 ments and international organizations, and for arbitration
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1 services shall be credited to and merged with this account,

2 and shall remain available until expended: Provided fur3 ther, That fees for arbitration services shall be available

4 only for education, training, and professional development

5 of the agency workforce: Provided further, That the Direc6 tor of the Service is authorized to accept and use on behalf

7 of the United States gifts of services and real, personal,

8 or other property in the aid of any projects or functions

9 within the Director’s jurisdiction.

10 FEDERAL MINE SAFETY AND HEALTH REVIEW

11 COMMISSION

12 SALARIES AND EXPENSES

13 For expenses necessary for the Federal Mine Safety

14 and Health Review Commission (30 U.S.C. 801 et seq.),

15 $6,320,000.

16 INSTITUTE OF MUSEUM AND LIBRARY SERVICES

17 OFFICE OF LIBRARY SERVICES: GRANTS AND

18 ADMINISTRATION

19 For carrying out subtitle B of the Museum and Li20 brary Services Act, $168,000,000, to remain available

21 until expended.

22 MEDICARE PAYMENT ADVISORY COMMISSION

23 SALARIES AND EXPENSES

24 For expenses necessary to carry out section 1805 of

25 the Social Security Act, $8,000,000, to be transferred to
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1 this appropriation from the Federal Hospital Insurance

2 and the Federal Supplementary Medical Insurance Trust

3 Funds.

4 NATIONAL COMMISSION ON LIBRARIES AND

5 INFORMATION SCIENCE

6 SALARIES AND EXPENSES

7 For necessary expenses for the National Commission

8 on Libraries and Information Science, established by the

9 Act of July 20, 1970 (Public Law 91–345, as amended),

10 $1,495,000.

11 NATIONAL COUNCIL ON DISABILITY

12 SALARIES AND EXPENSES

13 For expenses necessary for the National Council on

14 Disability as authorized by title IV of the Rehabilitation

15 Act of 1973, as amended, $2,615,000.

16 NATIONAL EDUCATION GOALS PANEL

17 For expenses necessary for the National Education

18 Goals Panel, as authorized by title II, part A of the Goals

19 2000: Educate America Act, $2,350,000.

20 NATIONAL LABOR RELATIONS BOARD

21 SALARIES AND EXPENSES

22 For expenses necessary for the National Labor Rela23 tions Board to carry out the functions vested in it by the

24 Labor-Management Relations Act, 1947, as amended (29

25 U.S.C. 141–167), and other laws, $216,438,000: Pro-
77

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1 vided, That no part of this appropriation shall be available

2 to organize or assist in organizing agricultural laborers or

3 used in connection with investigations, hearings, direc4 tives, or orders concerning bargaining units composed of

5 agricultural laborers as referred to in section 2(3) of the

6 Act of July 5, 1935 (29 U.S.C. 152), and as amended

7 by the Labor-Management Relations Act, 1947, as amend8 ed, and as defined in section 3(f) of the Act of June 25,

9 1938 (29 U.S.C. 203), and including in said definition em10 ployees engaged in the maintenance and operation of

11 ditches, canals, reservoirs, and waterways when main12 tained or operated on a mutual, nonprofit basis and at

13 least 95 percent of the water stored or supplied thereby

14 is used for farming purposes.

15 NATIONAL MEDIATION BOARD

16 SALARIES AND EXPENSES

17 For expenses necessary to carry out the provisions

18 of the Railway Labor Act, as amended (45 U.S.C. 151–

19 188), including emergency boards appointed by the Presi20 dent, $10,400,000.
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1 OCCUPATIONAL SAFETY AND HEALTH REVIEW

2 COMMISSION

3 SALARIES AND EXPENSES

4 For expenses necessary for the Occupational Safety

5 and Health Review Commission (29 U.S.C. 661),

6 $8,720,000.

7 RAILROAD RETIREMENT BOARD

8 DUAL BENEFITS PAYMENTS ACCOUNT

9 For payment to the Dual Benefits Payments Ac10 count, authorized under section 15(d) of the Railroad Re11 tirement Act of 1974, $160,000,000, which shall include

12 amounts becoming available in fiscal year 2001 pursuant

13 to section 224(c)(1)(B) of Public Law 98–76; and in addi14 tion, an amount, not to exceed 2 percent of the amount

15 provided herein, shall be available proportional to the

16 amount by which the product of recipients and the average

17 benefit received exceeds $160,000,000: Provided, That the

18 total amount provided herein shall be credited in 12 ap19 proximately equal amounts on the first day of each month

20 in the fiscal year.

21 FEDERAL PAYMENTS TO THE RAILROAD RETIREMENT

22 ACCOUNTS

23 For payment to the accounts established in the

24 Treasury for the payment of benefits under the Railroad

25 Retirement Act for interest earned on unnegotiated

26 checks, $150,000, to remain available through September
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1 30, 2002, which shall be the maximum amount available

2 for payment pursuant to section 417 of Public Law 98–

3 76.

4 LIMITATION ON ADMINISTRATION

5 For necessary expenses for the Railroad Retirement

6 Board for administration of the Railroad Retirement Act

7 and the Railroad Unemployment Insurance Act,

8 $92,500,000, to be derived in such amounts as determined

9 by the Board from the railroad retirement accounts and

10 from moneys credited to the railroad unemployment insur11 ance administration fund.

12 LIMITATION ON THE OFFICE OF INSPECTOR GENERAL

13 For expenses necessary for the Office of Inspector

14 General for audit, investigatory and review activities, as

15 authorized by the Inspector General Act of 1978, as

16 amended, not more than $5,700,000, to be derived from

17 the railroad retirement accounts and railroad unemploy18 ment insurance account: Provided, That none of the funds

19 made available in any other paragraph of this Act may

20 be transferred to the Office; used to carry out any such

21 transfer; used to provide any office space, equipment, of22 fice supplies, communications facilities or services, mainte23 nance services, or administrative services for the Office;

24 used to pay any salary, benefit, or award for any personnel

25 of the Office; used to pay any other operating expense of
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1 the Office; or used to reimburse the Office for any service

2 provided, or expense incurred, by the Office.

3 SOCIAL SECURITY ADMINISTRATION

4 PAYMENTS TO SOCIAL SECURITY TRUST FUNDS

5 For payment to the Federal Old-Age and Survivors

6 Insurance and the Federal Disability Insurance trust

7 funds, as provided under sections 201(m), 228(g), and

8 1131(b)(2) of the Social Security Act, $20,400,000.

9 SPECIAL BENEFITS FOR DISABLED COAL MINERS

10 For carrying out title IV of the Federal Mine Safety

11 and Health Act of 1977, $365,748,000, to remain avail12 able until expended.

13 For making, after July 31 of the current fiscal year,

14 benefit payments to individuals under title IV of the Fed15 eral Mine Safety and Health Act of 1977, for costs in16 curred in the current fiscal year, such amounts as may

17 be necessary.

18 For making benefit payments under title IV of the

19 Federal Mine Safety and Health Act of 1977 for the first

20 quarter of fiscal year 2002, $114,000,000, to remain

21 available until expended.

22 SUPPLEMENTAL SECURITY INCOME PROGRAM

23 For carrying out titles XI and XVI of the Social Se24 curity Act, section 401 of Public Law 92–603, section 212

25 of Public Law 93–66, as amended, and section 405 of

26 Public Law 95–216, including payment to the Social Secu-
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1 rity trust funds for administrative expenses incurred pur2 suant to section 201(g)(1) of the Social Security Act,

3 $23,053,000,000, to remain available until expended: Pro4 vided, That any portion of the funds provided to a State

5 in the current fiscal year and not obligated by the State

6 during that year shall be returned to the Treasury.

7 From funds provided under the previous paragraph,

8 not less than $100,000,000 shall be available for payment

9 to the Social Security trust funds for administrative ex10 penses for conducting continuing disability reviews.

11 In addition, $210,000,000, to remain available until

12 September 30, 2002, for payment to the Social Security

13 trust funds for administrative expenses for continuing dis14 ability reviews as authorized by section 103 of Public Law

15 104–121 and section 10203 of Public Law 105–33. The

16 term ‘‘continuing disability reviews’’ means reviews and

17 redeterminations as defined under section 201(g)(1)(A) of

18 the Social Security Act, as amended.

19 For making, after June 15 of the current fiscal year,

20 benefit payments to individuals under title XVI of the So21 cial Security Act, for unanticipated costs incurred for the

22 current fiscal year, such sums as may be necessary.

23 For making benefit payments under title XVI of the

24 Social Security Act for the first quarter of fiscal year
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1 2002, $10,470,000,000, to remain available until ex2 pended.

3 LIMITATION ON ADMINISTRATIVE EXPENSES

4 For necessary expenses, including the hire of two pas5 senger motor vehicles, and not to exceed $10,000 for offi6 cial reception and representation expenses, not more than

7 $6,469,800,000 may be expended, as authorized by sec8 tion 201(g)(1) of the Social Security Act, from any one

9 or all of the trust funds referred to therein: Provided, That

10 not less than $1,800,000 shall be for the Social Security

11 Advisory Board: Provided further, That unobligated bal12 ances at the end of fiscal year 2001 not needed for fiscal

13 year 2001 shall remain available until expended to invest

14 in the Social Security Administration information tech15 nology and telecommunications hardware and software in16 frastructure, including related equipment and non-payroll

17 administrative expenses

18 From funds provided under the first paragraph, not

19 less than $200,000,000 shall be available for conducting

20 continuing disability reviews.

21 In addition to funding already available under this

22 heading, and subject to the same terms and conditions,

23 $450,000,000, to remain available until September 30,

24 2002, for continuing disability reviews as authorized by

25 section 103 of Public Law 104–121 and section 10203 of

26 Public Law 105–33. The term ‘‘continuing disability re-
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1 views’’ means reviews and redeterminations as defined

2 under section 201(g)(1)(A) of the Social Security Act, as

3 amended.

4 In addition, $91,000,000 to be derived from adminis5 tration fees in excess of $5.00 per supplementary payment

6 collected pursuant to section 1616(d) of the Social Secu7 rity Act or section 212(b)(3) of Public Law 93–66, which

8 shall remain available until expended. To the extent that

9 the amounts collected pursuant to such section 1616(d)

10 or 212(b)(3) in fiscal year 2001 exceed $91,000,000, the

11 amounts shall be available in fiscal year 2002 only to the

12 extent provided in advance in appropriations Acts.

13 From funds previously appropriated for this purpose,

14 any unobligated balances at the end of fiscal year 2000

15 shall be available to continue Federal-State partnerships

16 which will evaluate means to promote Medicare buy-in pro17 grams targeted to elderly and disabled individuals under

18 titles XVIII and XIX of the Social Security Act.

19 OFFICE OF INSPECTOR GENERAL

20 (INCLUDING TRANSFER OF FUNDS)

21 For expenses necessary for the Office of Inspector

22 General in carrying out the provisions of the Inspector

23 General Act of 1978, as amended, $16,944,000, together

24 with not to exceed $52,500,000, to be transferred and ex25 pended as authorized by section 201(g)(1) of the Social

26 Security Act from the Federal Old-Age and Survivors In-
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1 surance Trust Fund and the Federal Disability Insurance

2 Trust Fund.

3 In addition, an amount not to exceed 3 percent of

4 the total provided in this appropriation may be transferred

5 from the ‘‘Limitation on Administrative Expenses’’, Social

6 Security Administration, to be merged with this account,

7 to be available for the time and purposes for which this

8 account is available: Provided, That notice of such trans9 fers shall be transmitted promptly to the Committees on

10 Appropriations of the House and Senate.

11 UNITED STATES INSTITUTE OF PEACE

12 OPERATING EXPENSES

13 For necessary expenses of the United States Institute

14 of Peace as authorized in the United States Institute of

15 Peace Act, $12,951,000.

16 TITLE V—GENERAL PROVISIONS

17 SEC. 501. The Secretaries of Labor, Health and

18 Human Services, and Education are authorized to transfer

19 unexpended balances of prior appropriations to accounts

20 corresponding to current appropriations provided in this

21 Act: Provided, That such transferred balances are used for

22 the same purpose, and for the same periods of time, for

23 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 unless the Secretary of Health and Human Services

13 determines that such programs are effective in preventing

14 the spread of HIV and do not encourage the use of illegal

15 drugs.

16 SEC. 506. (a) PURCHASE OF AMERICAN-MADE

17 EQUIPMENT AND PRODUCTS.—It is the sense of the Con18 gress that, to the greatest extent practicable, all equip19 ment and products purchased with funds made available

20 in this Act should be American-made.

21 (b) NOTICE REQUIREMENT.—In providing financial

22 assistance to, or entering into any contract with, any enti23 ty using funds made available in this Act, the head of each

24 Federal agency, to the greatest extent practicable, shall
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1 provide to such entity a notice describing the statement

2 made in subsection (a) by the Congress.

3 (c) PROHIBITION OF CONTRACTS WITH PERSONS

4 FALSELY LABELING PRODUCTS AS MADE IN AMERICA.—

5 If it has been finally determined by a court or Federal

6 agency that any person intentionally affixed a label bear7 ing a ‘‘Made in America’’ inscription, or any inscription

8 with the same meaning, to any product sold in or shipped

9 to the United States that is not made in the United

10 States, the person shall be ineligible to receive any con11 tract or subcontract made with funds made available in

12 this Act, pursuant to the debarment, suspension, and ineli13 gibility procedures described in sections 9.400 through

14 9.409 of title 48, Code of Federal Regulations.

15 SEC. 507. When issuing statements, press releases,

16 requests for proposals, bid solicitations and other docu17 ments describing projects or programs funded in whole or

18 in part with Federal money, all grantees receiving Federal

19 funds included in this Act, including but not limited to

20 State and local governments and recipients of Federal re21 search grants, shall clearly state: (1) the percentage of the

22 total costs of the program or project which will be financed

23 with Federal money; (2) the dollar amount of Federal

24 funds for the project or program; and (3) percentage and
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1 dollar amount of the total costs of the project or program

2 that will be financed by non-governmental sources.

3 SEC. 508. (a) None of the funds appropriated under

4 this Act, and none of the funds in any trust fund to which

5 funds are appropriated under this Act, shall be expended

6 for any abortion.

7 (b) None of the funds appropriated under this Act,

8 and none of the funds in any trust fund to which funds

9 are appropriated under this Act, shall be expended for

10 health benefits coverage that includes coverage of abor11 tion.

12 (c) The term ‘‘health benefits coverage’’ means the

13 package of services covered by a managed care provider

14 or organization pursuant to a contract or other arrange15 ment.

16 SEC. 509. (a) The limitations established in the pre17 ceding section shall not apply to an abortion—

18 (1) if the pregnancy is the result of an act of

19 rape or incest; or

20 (2) in the case where a woman suffers from a

21 physical disorder, physical injury, or physical illness,

22 including a life-endangering physical condition

23 caused by or arising from the pregnancy itself, that

24 would, as certified by a physician, place the woman

25 in danger of death unless an abortion is performed.
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1 (b) Nothing in the preceding section shall be con2 strued as prohibiting the expenditure by a State, locality,

3 entity, or private person of State, local, or private funds

4 (other than a State’s or locality’s contribution of Medicaid

5 matching funds).

6 (c) Nothing in the preceding section shall be con7 strued as restricting the ability of any managed care pro8 vider from offering abortion coverage or the ability of a

9 State or locality to contract separately with such a pro10 vider for such coverage with State funds (other than a

11 State’s or locality’s contribution of Medicaid matching

12 funds).

13 SEC. 510. (a) None of the funds made available in

14 this Act may be used for—

15 (1) the creation of a human embryo or embryos

16 for research purposes; or

17 (2) research in which a human embryo or em18 bryos are destroyed, discarded, or knowingly sub19 jected to risk of injury or death greater than that

20 allowed for research on fetuses in utero under 45

21 CFR 46.208(a)(2) and section 498(b) of the Public

22 Health Service Act (42 U.S.C. 289g(b)).

23 (b) For purposes of this section, the term ‘‘human

24 embryo or embryos’’ includes any organism, not protected

25 as a human subject under 45 CFR 46 as of the date of
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1 the enactment of this Act, that is derived by fertilization,

2 parthenogenesis, cloning, or any other means from one or

3 more human gametes or human diploid cells.

4 SEC. 511. (a) LIMITATION ON USE OF FUNDS FOR

5 PROMOTION OF LEGALIZATION OF CONTROLLED SUB6 STANCES.—None of the funds made available in this Act

7 may be used for any activity that promotes the legalization

8 of any drug or other substance included in schedule I of

9 the schedules of controlled substances established by sec10 tion 202 of the Controlled Substances Act (21 U.S.C.

11 812).

12 (b) EXCEPTIONS.—The limitation in subsection (a)

13 shall not apply when there is significant medical evidence

14 of a therapeutic advantage to the use of such drug or other

15 substance or that federally sponsored clinical trials are

16 being conducted to determine therapeutic advantage.

17 SEC. 512. None of the funds made available in this

18 Act may be obligated or expended to enter into or renew

19 a contract with an entity if—

20 (1) such entity is otherwise a contractor with

21 the United States and is subject to the requirement

22 in section 4212(d) of title 38, United States Code,

23 regarding submission of an annual report to the Sec24 retary of Labor concerning employment of certain

25 veterans; and
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1 (2) such entity has not submitted a report as

2 required by that section for the most recent year for

3 which such requirement was applicable to such enti4 ty.

5 SEC. 513. Except as otherwise specifically provided

6 by law, unobligated balances remaining available at the

7 end of fiscal year 2000 from appropriations made avail8 able for salaries and expenses for fiscal year 2000 in this

9 Act, shall remain available through December 31, 2001,

10 for each such account for the purposes authorized: Pro11 vided, That the House and Senate Committees on Appro12 priations shall be notified at least 15 days prior to the

13 obligation of such funds.

14 SEC. 514. None of the funds made available in this

15 Act may be used to promulgate or adopt any final stand16 ard under section 1173(b) of the Social Security Act (42

17 U.S.C. 1320d–2(b)) providing for, or providing for the as18 signment of, a unique health identifier for an individual

19 (except in an individual’s capacity as an employer or a

20 health care provider), until legislation is enacted specifi21 cally approving the standard.

22 SEC. 515. RESTORING BENEFIT PAYMENTS TO AP23 PROPRIATE YEAR. Section 5527 of Public Law 105–33 is

24 repealed.
92

S 2553 PCS

1 SEC. 516. Section 410(b) of The Ticket to Work and

2 Work Incentives Improvement Act of 1999 (Public Law

3 106–170) is amended by striking ‘‘2009’’ both places it

4 appears and inserting ‘‘2001’’.

5 This Act may be cited as the ‘‘Departments of Labor,

6 Health and Human Services, and Education, and Related

7 Agencies Appropriations Act, 2001’’.
Calendar No. 547

106TH CONGRESS

2D SESSION S. 2553

[Report No. 106–293]

A BILL

Making appropriations for the Departments of

Labor, Health and Human Services, and Education, and related agencies for the fiscal yearending September 30, 2001, and for other purposes.

MAY 12, 2000

Read twice and placed on the calendar