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[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 2553 Placed on Calendar Senate (PCS)]

                                                       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.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, That the following sums 
are appropriated, out of any money in the Treasury not otherwise 
appropriated, 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, namely:

                      TITLE I--DEPARTMENT OF LABOR

                 Employment and Training Administration

                    training and employment services

    For necessary expenses of the Workforce Investment Act, including 
the purchase and hire of passenger motor vehicles, the construction, 
alteration, and repair of buildings and other facilities, and the 
purchase of real property for training centers as authorized by the 
Workforce Investment Act and the National Skill Standards Act of 1994; 
$2,990,141,000 plus reimbursements, of which $1,718,801,000 is 
available for obligation for the period July 1, 2001 through June 30, 
2002, of which $1,250,965,000 is available for obligation for the 
period April 1, 2001 through June 30, 2002, including $1,000,965,000 to 
carry out chapter 4 of the Workforce Investment Act and $250,000,000 to 
carry out section 169 of such Act; and of which $20,375,000 is 
available for the period July 1, 2001 through June 30, 2004 for 
necessary expenses of construction, rehabilitation, and acquisition of 
Job Corps centers: Provided, That $9,098,000 shall be for carrying out 
section 172 of the Workforce Investment Act, and $3,500,000 shall be 
for carrying out the National Skills Standards Act of 1994: Provided 
further, That no funds from any other appropriation shall be used to 
provide meal services at or for Job Corps centers: Provided further, 
That funds provided to carry out section 171(d) of such Act may be used 
for demonstration projects that provide assistance to new entrants in 
the workforce and incumbent workers: Provided further, That funding 
provided to carry out projects under section 171 of the Workforce 
Investment Act of 1998 that are identified in the Conference Agreement, 
shall not be subject to the requirements of section 171(b)(2)(B) of 
such Act, the requirements of section 171(c)(4)(D) of such Act, or the 
joint funding requirements of sections 171(b)(2)(A) and 171(c)(4)(A) of 
such Act: Provided further, That funding appropriated herein for 
Dislocated Worker Employment and Training Activities under section 
132(a)(2)(A) of the Workforce Investment Act of 1998 may be distributed 
for Dislocated Worker Projects under section 171(d) of the Act without 
regard to the 10 percent limitation contained in section 171(d) of the 
Act.
    For necessary expenses of the Workforce Investment Act, including 
the purchase and hire of passenger motor vehicles, the construction, 
alteration, and repair of buildings and other facilities, and the 
purchase of real property for training centers as authorized by the 
Workforce Investment Act; $2,463,000,000 plus reimbursements, of which 
$2,363,000,000 is available for obligation for the period October 1, 
2001 through June 30, 2002, and of which $100,000,000 is available for 
the period October 1, 2001 through June 30, 2004, for necessary 
expenses of construction, rehabilitation, and acquisition of Job Corps 
centers.

            community service employment for older americans

    To carry out the activities for national grants or contracts with 
public agencies and public or private nonprofit organizations under 
paragraph (1)(A) of section 506(a) of title V of the Older Americans 
Act of 1965, as amended, or to carry out older worker activities as 
subsequently authorized, $343,356,000.
    To carry out the activities for grants to States under paragraph 
(3) of section 506(a) of title V of the Older Americans Act of 1965, as 
amended, or to carry out older worker activities as subsequently 
authorized, $96,844,000.

              federal unemployment benefits and allowances

    For payments during the current fiscal year of trade adjustment 
benefit payments and allowances under part I; and for training, 
allowances for job search and relocation, and related State 
administrative expenses under part II, subchapters B and D, chapter 2, 
title II of the Trade Act of 1974, as amended, $406,550,000, together 
with such amounts as may be necessary to be charged to the subsequent 
appropriation for payments for any period subsequent to September 15 of 
the current year.

     state unemployment insurance and employment service operations

    For authorized administrative expenses, $153,452,000, together with 
not to exceed $3,095,978,000 (including not to exceed $1,228,000 which 
may be used for amortization payments to States which had independent 
retirement plans in their State employment service agencies prior to 
1980), which may be expended from the Employment Security 
Administration account in the Unemployment Trust Fund including the 
cost of administering section 51 of the Internal Revenue Code of 1986, 
as amended, section 7(d) of the Wagner-Peyser Act, as amended, the 
Trade Act of 1974, as amended, the Immigration Act of 1990, and the 
Immigration and Nationality Act, as amended, and of which the sums 
available in the allocation for activities authorized by title III of 
the Social Security Act, as amended (42 U.S.C. 502-504), and the sums 
available in the allocation for necessary administrative expenses for 
carrying out 5 U.S.C. 8501-8523, shall be available for obligation by 
the States through December 31, 2001, except that funds used for 
automation acquisitions shall be available for obligation by the States 
through September 30, 2003; and of which $153,452,000, together with 
not to exceed $763,283,000 of the amount which may be expended from 
said trust fund, shall be available for obligation for the period July 
1, 2001 through June 30, 2002, to fund activities under the Act of June 
6, 1933, as amended, including the cost of penalty mail authorized 
under 39 U.S.C. 3202(a)(1)(E) made available to States in lieu of 
allotments for such purpose: Provided, That to the extent that the 
Average Weekly Insured Unemployment (AWIU) for fiscal year 2001 is 
projected by the Department of Labor to exceed 2,396,000, an additional 
$28,600,000 shall be available for obligation for every 100,000 
increase in the AWIU level (including a pro rata amount for any 
increment less than 100,000) from the Employment Security 
Administration Account of the Unemployment Trust Fund: Provided 
further, That funds appropriated in this Act which are used to 
establish a national one-stop career center system, or which are used 
to support the national activities of the Federal-State unemployment 
insurance programs, may be obligated in contracts, grants or agreements 
with non-State entities: Provided further, That funds appropriated 
under this Act for activities authorized under the Wagner-Peyser Act, 
as amended, and title III of the Social Security Act, may be used by 
the States to fund integrated Employment Service and Unemployment 
Insurance automation efforts, notwithstanding cost allocation 
principles prescribed under Office of Management and Budget Circular A-
87.

        advances to the unemployment trust fund and other funds

    For repayable advances to the Unemployment Trust Fund as authorized 
by sections 905(d) and 1203 of the Social Security Act, as amended, and 
to the Black Lung Disability Trust Fund as authorized by section 
9501(c)(1) of the Internal Revenue Code of 1954, as amended; and for 
nonrepayable advances to the Unemployment Trust Fund as authorized by 
section 8509 of title 5, United States Code, and to the ``Federal 
unemployment benefits and allowances'' account, to remain available 
until September 30, 2002, $435,000,000.
    In addition, for making repayable advances to the Black Lung 
Disability Trust Fund in the current fiscal year after September 15, 
2001, for costs incurred by the Black Lung Disability Trust Fund in the 
current fiscal year, such sums as may be necessary.

                         program administration

    For expenses of administering employment and training programs, 
$107,651,000, including $6,431,000 to support up to 75 full-time 
equivalent staff, the majority of which will be term Federal 
appointments lasting no more than 1 year, to administer welfare-to-work 
grants, together with not to exceed $48,507,000, which may be expended 
from the Employment Security Administration account in the Unemployment 
Trust Fund.

              Pension and Welfare Benefits Administration

                         salaries and expenses

    For necessary expenses for the Pension and Welfare Benefits 
Administration, $103,342,000.

                  Pension Benefit Guaranty Corporation

               pension benefit guaranty corporation fund

    The Pension Benefit Guaranty Corporation is authorized to make such 
expenditures, including financial assistance authorized by section 104 
of Public Law 96-364, within limits of funds and borrowing authority 
available to such Corporation, and in accord with law, and to make such 
contracts and commitments without regard to fiscal year limitations as 
provided by section 104 of the Government Corporation Control Act, as 
amended (31 U.S.C. 9104), as may be necessary in carrying out the 
program through September 30, 2001, for such Corporation: Provided, 
That not to exceed $11,652,000 shall be available for administrative 
expenses of the Corporation: Provided further, That expenses of such 
Corporation in connection with the termination of pension plans, for 
the acquisition, protection or management, and investment of trust 
assets, and for benefits administration services shall be considered as 
non-administrative expenses for the purposes hereof, and excluded from 
the above limitation.

                  Employment Standards Administration

                         salaries and expenses

    For necessary expenses for the Employment Standards Administration, 
including reimbursement to State, Federal, and local agencies and their 
employees for inspection services rendered, $350,779,000, together with 
$1,985,000 which may be expended from the Special Fund in accordance 
with sections 39(c), 44(d) and 44(j) of the Longshore and Harbor 
Workers' Compensation Act: Provided, That $2,000,000 shall be for the 
development of an alternative system for the electronic submission of 
reports required to be filed under the Labor-Management Reporting and 
Disclosure Act of 1959, as amended, and for a computer database of the 
information for each submission by whatever means, that is indexed and 
easily searchable by the public via the Internet: Provided further, 
That the Secretary of Labor is authorized to accept, retain, and spend, 
until expended, in the name of the Department of Labor, all sums of 
money ordered to be paid to the Secretary of Labor, in accordance with 
the terms of the Consent Judgment in Civil Action No. 91-0027 of the 
United States District Court for the District of the Northern Mariana 
Islands (May 21, 1992): Provided further, That the Secretary of Labor 
is authorized to establish and, in accordance with 31 U.S.C. 3302, 
collect and deposit in the Treasury fees for processing applications 
and issuing certificates under sections 11(d) and 14 of the Fair Labor 
Standards Act of 1938, as amended (29 U.S.C. 211(d) and 214) and for 
processing applications and issuing registrations under title I of the 
Migrant and Seasonal Agricultural Worker Protection Act (29 U.S.C. 1801 
et seq.).

                            special benefits

                     (including transfer of funds)

    For the payment of compensation, benefits, and expenses (except 
administrative expenses) accruing during the current or any prior 
fiscal year authorized by title 5, chapter 81 of the United States 
Code; continuation of benefits as provided for under the heading 
``Civilian War Benefits'' in the Federal Security Agency Appropriation 
Act, 1947; the Employees' Compensation Commission Appropriation Act, 
1944; sections 4(c) and 5(f) of the War Claims Act of 1948 (50 U.S.C. 
App. 2012); and 50 percent of the additional compensation and benefits 
required by section 10(h) of the Longshore and Harbor Workers' 
Compensation Act, as amended, $56,000,000 together with such amounts as 
may be necessary to be charged to the subsequent year appropriation for 
the payment of compensation and other benefits for any period 
subsequent to August 15 of the current year: Provided, That amounts 
appropriated may be used under section 8104 of title 5, United States 
Code, by the Secretary of Labor to reimburse an employer, who is not 
the employer at the time of injury, for portions of the salary of a 
reemployed, disabled beneficiary: Provided further, That balances of 
reimbursements unobligated on September 30, 2000, shall remain 
available until expended for the payment of compensation, benefits, and 
expenses: Provided further, That in addition there shall be transferred 
to this appropriation from the Postal Service and from any other 
corporation or instrumentality required under section 8147(c) of title 
5, United States Code, to pay an amount for its fair share of the cost 
of administration, such sums as the Secretary determines to be the cost 
of administration for employees of such fair share entities through 
September 30, 2001: Provided further, That of those funds transferred 
to this account from the fair share entities to pay the cost of 
administration, $30,510,000 shall be made available to the Secretary as 
follows: (1) for the operation of and enhancement to the automated data 
processing systems, including document imaging, medical bill review, 
and periodic roll management, in support of Federal Employees' 
Compensation Act administration, $19,971,000; (2) for conversion to a 
paperless office, $7,005,000; (3) for communications redesign, 
$750,000; (4) for information technology maintenance and support, 
$2,784,000; and (5) the remaining funds shall be paid into the Treasury 
as miscellaneous receipts: Provided further, That the Secretary may 
require that any person filing a notice of injury or a claim for 
benefits under chapter 81 of title 5, United States Code, or 33 U.S.C. 
901 et seq., provide as part of such notice and claim, such identifying 
information (including Social Security account number) as such 
regulations may prescribe.

                    black lung disability trust fund

                     (including transfer of funds)

    Beginning in fiscal year 2001 and thereafter, such sums as may be 
necessary from the Black Lung Disability Trust Fund, to remain 
available until expended, for payment of all benefits authorized by 
section 9501(d)(1) (2) (4) and (7) of the Internal Revenue Code of 
1954, as amended; and interest on advances as authorized by section 
9501(c)(2) of that Act. In addition, the following amounts shall be 
available from the Fund for fiscal year 2001 for expenses of operation 
and administration of the Black Lung Benefits program as authorized by 
section 9501(d)(5) of that Act: $30,393,000 for transfer to the 
Employment Standards Administration, ``Salaries and Expenses''; 
$21,590,000 for transfer to Departmental Management, ``Salaries and 
Expenses''; $318,000 for transfer to Departmental Management, ``Office 
of Inspector General''; and $356,000 for payments into Miscellaneous 
Receipts for the expenses of the Department of Treasury.

             Occupational Safety and Health Administration

                         salaries and expenses

    For necessary expenses for the Occupational Safety and Health 
Administration, $425,983,000, including not to exceed $88,493,000 which 
shall be the maximum amount available for grants to States under 
section 23(g) of the Occupational Safety and Health Act, which grants 
shall be no less than 50 percent of the costs of State occupational 
safety and health programs required to be incurred under plans approved 
by the Secretary under section 18 of the Occupational Safety and Health 
Act of 1970; and, in addition, notwithstanding 31 U.S.C. 3302, the 
Occupational Safety and Health Administration may retain up to $750,000 
per fiscal year of training institute course tuition fees, otherwise 
authorized by law to be collected, and may utilize such sums for 
occupational safety and health training and education grants: Provided, 
That, notwithstanding 31 U.S.C. 3302, the Secretary of Labor is 
authorized, during the fiscal year ending September 30, 2001, to 
collect and retain fees for services provided to Nationally Recognized 
Testing Laboratories, and may utilize such sums, in accordance with the 
provisions of 29 U.S.C. 9a, to administer national and international 
laboratory recognition programs that ensure the safety of equipment and 
products used by workers in the workplace: Provided further, That none 
of the funds appropriated under this paragraph shall be obligated or 
expended to prescribe, issue, administer, or enforce any standard, 
rule, regulation, or order under the Occupational Safety and Health Act 
of 1970 which is applicable to any person who is engaged in a farming 
operation which does not maintain a temporary labor camp and employs 10 
or fewer employees: Provided further, That no funds appropriated under 
this paragraph shall be obligated or expended to administer or enforce 
any standard, rule, regulation, or order under the Occupational Safety 
and Health Act of 1970 with respect to any employer of 10 or fewer 
employees who is included within a category having an occupational 
injury lost workday case rate, at the most precise Standard Industrial 
Classification Code for which such data are published, less than the 
national average rate as such rates are most recently published by the 
Secretary, acting through the Bureau of Labor Statistics, in accordance 
with section 24 of that Act (29 U.S.C. 673), except--
            (1) to provide, as authorized by such Act, consultation, 
        technical assistance, educational and training services, and to 
        conduct surveys and studies;
            (2) to conduct an inspection or investigation in response 
        to an employee complaint, to issue a citation for violations 
        found during such inspection, and to assess a penalty for 
        violations which are not corrected within a reasonable 
        abatement period and for any willful violations found;
            (3) to take any action authorized by such Act with respect 
        to imminent dangers;
            (4) to take any action authorized by such Act with respect 
        to health hazards;
            (5) to take any action authorized by such Act with respect 
        to a report of an employment accident which is fatal to one or 
        more employees or which results in hospitalization of two or 
        more employees, and to take any action pursuant to such 
        investigation authorized by such Act; and
            (6) to take any action authorized by such Act with respect 
        to complaints of discrimination against employees for 
        exercising rights under such Act:
Provided further, That the foregoing proviso shall not apply to any 
person who is engaged in a farming operation which does not maintain a 
temporary labor camp and employs 10 or fewer employees.

                 Mine Safety and Health Administration

                         salaries and expenses

    For necessary expenses for the Mine Safety and Health 
Administration, $244,747,000, including purchase and bestowal of 
certificates and trophies in connection with mine rescue and first-aid 
work, and the hire of passenger motor vehicles; including up to 
$1,000,000 for mine rescue and recovery activities, which shall be 
available only to the extent that fiscal year 2001 obligations for 
these activities exceed $1,000,000; in addition, not to exceed $750,000 
may be collected by the National Mine Health and Safety Academy for 
room, board, tuition, and the sale of training materials, otherwise 
authorized by law to be collected, to be available for mine safety and 
health education and training activities, notwithstanding 31 U.S.C. 
3302; and, in addition, the Administration may retain up to $1,000,000 
from fees collected for the approval and certification of equipment, 
materials, and explosives for use in mines, and may utilize such sums 
for such activities; the Secretary is authorized to accept lands, 
buildings, equipment, and other contributions from public and private 
sources and to prosecute projects in cooperation with other agencies, 
Federal, State, or private; the Mine Safety and Health Administration 
is authorized to promote health and safety education and training in 
the mining community through cooperative programs with States, 
industry, and safety associations; and any funds available to the 
department may be used, with the approval of the Secretary, to provide 
for the costs of mine rescue and survival operations in the event of a 
major disaster.

                       Bureau of Labor Statistics

                         salaries and expenses

    For necessary expenses for the Bureau of Labor Statistics, 
including advances or reimbursements to State, Federal, and local 
agencies and their employees for services rendered, $369,327,000, 
together with not to exceed $67,257,000, which may be expended from the 
Employment Security Administration account in the Unemployment Trust 
Fund; and $10,000,000 which shall be available for obligation for the 
period July 1, 2001 through June 30, 2002, for Occupational Employment 
Statistics.

                        Departmental Management

                         salaries and expenses

    For necessary expenses for Departmental Management, including the 
hire of three sedans, and including the management or operation, 
through contracts, grants or other arrangements, of Departmental 
bilateral and multilateral foreign technical assistance, of which the 
funds designated to carry out bilateral assistance under the 
international child labor initiative shall be available for obligation 
through September 30, 2002, $30,000,000 for the acquisition of 
Departmental information technology, architecture, infrastructure, 
equipment, software and related needs which will be allocated by the 
Department's Chief Information Officer in accordance with the 
Department's capital investment management process to assure a sound 
investment strategy; $337,964,000: Provided, That no funds made 
available by this Act may be used by the Solicitor of Labor to 
participate in a review in any United States court of appeals of any 
decision made by the Benefits Review Board under section 21 of the 
Longshore and Harbor Workers' Compensation Act (33 U.S.C. 921) where 
such participation is precluded by the decision of the United States 
Supreme Court in Director, Office of Workers' Compensation Programs v. 
Newport News Shipbuilding, 115 S. Ct. 1278 (1995), notwithstanding any 
provisions to the contrary contained in Rule 15 of the Federal Rules of 
Appellate Procedure: Provided further, That no funds made available by 
this Act may be used by the Secretary of Labor to review a decision 
under the Longshore and Harbor Workers' Compensation Act (33 U.S.C. 901 
et seq.) that has been appealed and that has been pending before the 
Benefits Review Board for more than 12 months: Provided further, That 
any such decision pending a review by the Benefits Review Board for 
more than 1 year shall be considered affirmed by the Benefits Review 
Board on the 1-year anniversary of the filing of the appeal, and shall 
be considered the final order of the Board for purposes of obtaining a 
review in the United States courts of appeals: Provided further, That 
these provisions shall not be applicable to the review or appeal of any 
decision issued under the Black Lung Benefits Act (30 U.S.C. 901 et 
seq.): Provided further, That beginning in fiscal year 2001, there is 
established in the Department of Labor an office of disability 
employment policy which shall, under the overall direction of the 
Secretary, provide leadership, develop policy and initiatives, and 
award grants furthering the objective of eliminating barriers to the 
training and employment of people with disabilities. Such office shall 
be headed by an assistant secretary: Provided further, That of amounts 
provided under this head, not more than $23,002,000 is for this 
purpose.

                    veterans employment and training

    Not to exceed $186,913,000 may be derived from the Employment 
Security Administration account in the Unemployment Trust Fund to carry 
out the provisions of 38 U.S.C. 4100-4110A, 4212, 4214, and 4321-4327, 
and Public Law 103-353, and which shall be available for obligation by 
the States through December 31, 2001. To carry out the Stewart B. 
McKinney Homeless Assistance Act and section 168 of the Workforce 
Investment Act of 1998, $19,800,000, of which $7,300,000 shall be 
available for obligation for the period July 1, 2001, through June 30, 
2002.

                      office of inspector general

    For salaries and expenses of the Office of Inspector General in 
carrying out the provisions of the Inspector General Act of 1978, as 
amended, $50,015,000, together with not to exceed $4,770,000, which may 
be expended from the Employment Security Administration account in the 
Unemployment Trust Fund.

                           GENERAL PROVISIONS

    Sec. 101. None of the funds appropriated in this title for the Job 
Corps shall be used to pay the compensation of an individual, either as 
direct costs or any proration as an indirect cost, at a rate in excess 
of Executive Level II.

                          (transfer of funds)

    Sec. 102. Not to exceed 1 percent of any discretionary funds 
(pursuant to the Balanced Budget and Emergency Deficit Control Act of 
1985, as amended) which are appropriated for the current fiscal year 
for the Department of Labor in this Act may be transferred between 
appropriations, but no such appropriation shall be increased by more 
than 3 percent by any such transfer: Provided, That the Appropriations 
Committees of both Houses of Congress are notified at least 15 days in 
advance of any transfer.
    Sec. 103. Extended Deadline for Expenditure. Section 
403(a)(5)(C)(viii) of the Social Security Act (42 U.S.C. 
603(a)(5)(C)(viii)) (as amended by section 806(b) of the Departments of 
Labor, Health and Human Services, and Education, and Related Agencies 
Appropriations Act, 2000 (as enacted into law by section 1000(a)(4) of 
Public Law 106-113)) is amended by striking ``3 years'' and inserting 
``5 years''.
    Sec. 104. Elimination of Set-Aside of Portion of Welfare-to-Work 
Funds for Performance Bonuses. (a) In General.--Section 403(a)(5) of 
the Social Security Act (as amended by section 806(b) of the 
Departments of Labor, Health and Human Services, and Education, and 
Related Agencies Appropriations Act, 2000 (as enacted into law by 
section 1000(a)(4) of Public Law 106-113)) is amended by striking 
subparagraph (E) and redesignating subparagraphs (F) through (K) as 
subparagraphs (E) through (J), respectively.
    (b) Conforming Amendments.--The Social Security Act (as amended by 
section 806(b) of the Departments of Labor, Health and Human Services, 
and Education, and Related Agencies Appropriations Act, 2000 (as 
enacted into law by section 1000(a)(4) of Public Law 106-113)) is 
further amended as follows:
            (1) Section 403(a)(5)(A)(i) (42 U.S.C. 603(a)(5)(A)(i)) is 
        amended by striking ``subparagraph (I)'' and inserting 
        ``subparagraph (H)''.
            (2) Subclause (I) of each of subparagraphs (A)(iv) and 
        (B)(v) of section 403(a)(5) (42 U.S.C. 603(a)(5)(A)(iv)(I) and 
        (B)(v)(I)) is amended--
                    (A) in item (aa)--
                            (i) by striking ``(I)'' and inserting 
                        ``(H)''; and
                            (ii) by striking ``(G), and (H)'' and 
                        inserting ``and (G)''; and
                    (B) in item (bb), by striking ``(F)'' and inserting 
                ``(E)''.
            (3) Section 403(a)(5)(B)(v) (42 U.S.C. 603(a)(5)(B)(v)) is 
        amended in the matter preceding subclause (I) by striking 
        ``(I)'' and inserting ``(H)''.
            (4) Subparagraphs (E), (F), and (G)(i) of section 403(a)(5) 
        (42 U.S.C. 603(a)(5)), as so redesignated by subsection (a) of 
        this section, are each amended by striking ``(I)'' and 
        inserting ``(H)''.
            (5) Section 412(a)(3)(A) (42 U.S.C. 612(a)(3)(A)) is 
        amended by striking ``403(a)(5)(I)'' and inserting 
        ``403(a)(5)(H)''.
    (c) Funding Amendment.--Section 403(a)(5)(H)(i)(II) of such Act (42 
U.S.C. 603(a)(5)(H)(i))(II) (as redesignated by subsection (a) of this 
section and as amended by section 806(b) of the Departments of Labor, 
Health and Human Services, and Education, and Related Agencies 
Appropriations Act, 2000 (as enacted into law by section 1000(a)(4) of 
Public Law 106-113)) is further amended by striking ``$1,450,000,000'' 
and inserting ``$1,400,000,000''.
    (d) Effective Date.--The amendments made by subsections (a), (b), 
and (c) of this section shall take effect on October 1, 2000.

           TITLE II--DEPARTMENT OF HEALTH AND HUMAN SERVICES

              Health Resources and Services Administration

                     health resources and services

    For carrying out titles II, III, VII, VIII, X, XII, XIX, and XXVI 
of the Public Health Service Act, section 427(a) of the Federal Coal 
Mine Health and Safety Act, title V and section 1820 of the Social 
Security Act, the Health Care Quality Improvement Act of 1986, as 
amended, and the Native Hawaiian Health Care Act of 1988, as amended, 
$4,522,424,000, of which $150,000 shall remain available until expended 
for interest subsidies on loan guarantees made prior to fiscal year 
1981 under part B of title VII of the Public Health Service Act, and of 
which $10,000,000 shall be available for the construction and 
renovation of health care and other facilities, of which $25,000,000 
from general revenues, notwithstanding section 1820(j) of the Social 
Security Act, shall be available for carrying out the Medicare rural 
hospital flexibility grants program under section 1820 of such Act: 
Provided, That the Division of Federal Occupational Health may utilize 
personal services contracting to employ professional management/
administrative and occupational health professionals: Provided further, 
That of the funds made available under this heading, $250,000 shall be 
available until expended for facilities renovations at the Gillis W. 
Long Hansen's Disease Center: Provided further, That in addition to 
fees authorized by section 427(b) of the Health Care Quality 
Improvement Act of 1986, fees shall be collected for the full 
disclosure of information under the Act sufficient to recover the full 
costs of operating the National Practitioner Data Bank, and shall 
remain available until expended to carry out that Act: Provided 
further, That fees collected for the full disclosure of information 
under the ``Health Care Fraud and Abuse Data Collection Program'', 
authorized by section 221 of the Health Insurance Portability and 
Accountability Act of 1996, shall be sufficient to recover the full 
costs of operating the Program, and shall remain available to carry out 
that Act until expended: Provided further, That no more than $5,000,000 
is available for carrying out the provisions of Public Law 104-73: 
Provided further, That of the funds made available under this heading, 
$253,932,000 shall be for the program under title X of the Public 
Health Service Act to provide for voluntary family planning projects: 
Provided further, That amounts provided to said projects under such 
title shall not be expended for abortions, that all pregnancy 
counseling shall be nondirective, and that such amounts shall not be 
expended for any activity (including the publication or distribution of 
literature) that in any way tends to promote public support or 
opposition to any legislative proposal or candidate for public office: 
Provided further, That $538,000,000 shall be for State AIDS Drug 
Assistance Programs authorized by section 2616 of the Public Health 
Service Act.

                ricky ray hemophilia relief fund program

    For payment to the Ricky Ray Hemophilia Relief Fund, as provided by 
Public Law 105-369, $85,000,000, of which $10,000,000 shall be for 
program management.

           health education assistance loans program account

    Such sums as may be necessary to carry out the purpose of the 
program, as authorized by title VII of the Public Health Service Act, 
as amended. For administrative expenses to carry out the guaranteed 
loan program, including section 709 of the Public Health Service Act, 
$3,679,000.

             vaccine injury compensation program trust fund

    For payments from the Vaccine Injury Compensation Program Trust 
Fund, such sums as may be necessary for claims associated with vaccine-
related injury or death with respect to vaccines administered after 
September 30, 1988, pursuant to subtitle 2 of title XXI of the Public 
Health Service Act, to remain available until expended: Provided, That 
for necessary administrative expenses, not to exceed $2,992,000 shall 
be available from the Trust Fund to the Secretary of Health and Human 
Services.

               Centers for Disease Control and Prevention

                disease control, research, and training

    To carry out titles II, III, VII, XI, XV, XVII, XIX and XXVI of the 
Public Health Service Act, sections 101, 102, 103, 201, 202, 203, 301, 
and 501 of the Federal Mine Safety and Health Act of 1977, sections 20, 
21, and 22 of the Occupational Safety and Health Act of 1970, title IV 
of the Immigration and Nationality Act and section 501 of the Refugee 
Education Assistance Act of 1980; including insurance of official motor 
vehicles in foreign countries; and hire, maintenance, and operation of 
aircraft, $3,204,496,000, of which $175,000,000 shall remain available 
until expended for the facilities master plan for equipment and 
construction and renovation of facilities, and in addition, such sums 
as may be derived from authorized user fees, which shall be credited to 
this account: Provided, That in addition to amounts provided herein, up 
to $91,129,000 shall be available from amounts available under section 
241 of the Public Health Service Act: Provided further, That none of 
the funds made available for injury prevention and control at the 
Centers for Disease Control and Prevention may be used to advocate or 
promote gun control: Provided further, That the Director may redirect 
the total amount made available under authority of Public Law 101-502, 
section 3, dated November 3, 1990, to activities the Director may so 
designate: Provided further, That the Congress is to be notified 
promptly of any such transfer: Provided further, That not to exceed 
$10,000,000 may be available for making grants under section 1509 of 
the Public Health Service Act to not more than 15 States: Provided 
further, That notwithstanding any other provision of law, a single 
contract or related contracts for development and construction of 
facilities may be employed which collectively include the full scope of 
the project: Provided further, That the solicitation and contract shall 
contain the clause ``availability of funds'' found at 48. CFR 52.232-
18.

                     National Institutes of Health

                       national cancer institute

    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to cancer, $3,804,084,000.

               national heart, lung, and blood institute

    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to cardiovascular, lung, and blood diseases, 
and blood and blood products, $2,328,102,000.

         national institute of dental and craniofacial research

    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to dental disease, $309,923,000.

    national institute of diabetes and digestive and kidney diseases

    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to diabetes and digestive and kidney disease, 
$1,318,106,000.

        national institute of neurological disorders and stroke

    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to neurological disorders and stroke, 
$1,189,425,000.

         national institute of allergy and infectious diseases

    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to allergy and infectious diseases, 
$2,066,526,000.

             national institute of general medical sciences

    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to general medical sciences, $1,554,176,000.

        national institute of child health and human development

    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to child health and human development, 
$986,069,000.

                         national eye institute

    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to eye diseases and visual disorders, 
$516,605,000.

          national institute of environmental health sciences

    For carrying out sections 301 and 311 and title IV of the Public 
Health Service Act with respect to environmental health sciences, 
$508,263,000.

                      national institute on aging

    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to aging, $794,625,000.

 national institute of arthritis and musculoskeletal and skin diseases

    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to arthritis and musculoskeletal and skin 
diseases, $401,161,000.

    national institute on deafness and other communication disorders

    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to deafness and other communication disorders, 
$303,541,000.

                 national institute of nursing research

    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to nursing research, $106,848,000.

           national institute on alcohol abuse and alcoholism

    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to alcohol abuse and alcoholism, $336,848,000.

                    national institute on drug abuse

    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to drug abuse, $790,038,000.

                  national institute of mental health

    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to mental health, $1,117,928,000.

                national human genome research institute

    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to human genome research, $385,888,000.

                 national center for research resources

    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to research resources and general research 
support grants, $775,212,000: Provided, That none of these funds shall 
be used to pay recipients of the general research support grants 
program any amount for indirect expenses in connection with such 
grants: Provided further, That $75,000,000 shall be for extramural 
facilities construction grants.

       national center for complementary and alternative medicine

    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to complementary and alternative medicine, 
$100,089,000.

                  john e. fogarty international center

    For carrying out the activities at the John E. Fogarty 
International Center, $61,260,000.

                      national library of medicine

    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to health information communications, 
$256,953,000, of which $4,000,000 shall be available until expended for 
improvement of information systems: Provided, That in fiscal year 2001, 
the Library may enter into personal services contracts for the 
provision of services in facilities owned, operated, or constructed 
under the jurisdiction of the National Institutes of Health.

                         office of the director

                     (including transfer of funds)

    For carrying out the responsibilities of the Office of the 
Director, National Institutes of Health, $352,165,000, of which 
$48,271,000 shall be for the Office of AIDS Research: Provided, That 
funding shall be available for the purchase of not to exceed 20 
passenger motor vehicles for replacement only: Provided further, That 
the Director may direct up to 1 percent of the total amount made 
available in this or any other Act to all National Institutes of Health 
appropriations to activities the Director may so designate: Provided 
further, That no such appropriation shall be decreased by more than 1 
percent by any such transfers and that the Congress is promptly 
notified of the transfer: Provided further, That the National 
Institutes of Health is authorized to collect third party payments for 
the cost of clinical services that are incurred in National Institutes 
of Health research facilities and that such payments shall be credited 
to the National Institutes of Health Management Fund: Provided further, 
That all funds credited to the National Institutes of Health Management 
Fund shall remain available for one fiscal year after the fiscal year 
in which they are deposited: Provided further, That up to $500,000 
shall be available to carry out section 499 of the Public Health 
Service Act: Provided further, That, notwithstanding section 499(k)(10) 
of the Public Health Service Act, funds from the Foundation for the 
National Institutes of Health may be transferred to the National 
Institutes of Health.

                        buildings and facilities

    For the study of, construction of, and acquisition of equipment 
for, facilities of or used by the National Institutes of Health, 
including the acquisition of real property, $148,900,000, to remain 
available until expended, of which $47,300,000 shall be for the 
neuroscience research center: Provided, That notwithstanding any other 
provision of law, a single contract or related contracts for the 
development and construction of the first phase of the National 
Neuroscience Research Center may be employed which collectively include 
the full scope of the project: Provided further, That the solicitation 
and contract shall contain the clause ``availability of funds'' found 
at 48 CFR 52.232-18.

       Substance Abuse and Mental Health Services Administration

               substance abuse and mental health services

    For carrying out titles V and XIX of the Public Health Service Act 
with respect to substance abuse and mental health services, the 
Protection and Advocacy for Mentally Ill Individuals Act of 1986, and 
section 301 of the Public Health Service Act with respect to program 
management, $2,730,757,000: Provided, That in addition to amounts 
provided herein, $12,000,000 shall be available from amounts available 
under section 241 of the Public Health Services Act, to carry out the 
National Household Survey on Drug Abuse.

               Agency for Healthcare Research and Quality

                    healthcare research and quality

    For carrying out titles III and IX of the Public Health Service 
Act, amounts received from Freedom of Information Act fees, 
reimbursable and interagency agreements, and the sale of data shall be 
credited to this appropriation and shall remain available until 
expended: Provided, That the amount made available pursuant to section 
926(b) of the Public Health Service Act shall not exceed $269,943,000.

                  Health Care Financing Administration

                     grants to states for medicaid

    For carrying out, except as otherwise provided, titles XI and XIX 
of the Social Security Act, $93,586,251,000, to remain available until 
expended.
    For making, after May 31, 2001, payments to States under title XIX 
of the Social Security Act for the last quarter of fiscal year 2001 for 
unanticipated costs, incurred for the current fiscal year, such sums as 
may be necessary.
    For making payments to States or in the case of section 1928 on 
behalf of States under title XIX of the Social Security Act for the 
first quarter of fiscal year 2002, $36,207,551,000, to remain available 
until expended.
    Payment under title XIX may be made for any quarter with respect to 
a State plan or plan amendment in effect during such quarter, if 
submitted in or prior to such quarter and approved in that or any 
subsequent quarter.

                  payments to health care trust funds

    For payment to the Federal Hospital Insurance and the Federal 
Supplementary Medical Insurance Trust Funds, as provided under sections 
217(g) and 1844 of the Social Security Act, sections 103(c) and 111(d) 
of the Social Security Amendments of 1965, section 278(d) of Public Law 
97-248, and for administrative expenses incurred pursuant to section 
201(g) of the Social Security Act, $70,381,600,000.

                           program management

    For carrying out, except as otherwise provided, titles XI, XVIII, 
XIX, and XXI of the Social Security Act, titles XIII and XXVII of the 
Public Health Service Act, and the Clinical Laboratory Improvement 
Amendments of 1988, not to exceed $2,018,500,000, to be transferred 
from the Federal Hospital Insurance and the Federal Supplementary 
Medical Insurance Trust Funds, as authorized by section 201(g) of the 
Social Security Act; together with all funds collected in accordance 
with section 353 of the Public Health Service Act and such sums as may 
be collected from authorized user fees and the sale of data, which 
shall remain available until expended, and together with administrative 
fees collected relative to Medicare overpayment recovery activities, 
which shall remain available until expended: Provided, That all funds 
derived in accordance with 31 U.S.C. 9701 from organizations 
established under title XIII of the Public Health Service Act shall be 
credited to and available for carrying out the purposes of this 
appropriation: Provided further, That $18,000,000 appropriated under 
this heading for the managed care system redesign shall remain 
available until expended: Provided further, That $3,000,000 of the 
amount available for research, demonstration, and evaluation activities 
shall be available to continue carrying out demonstration projects on 
Medicaid coverage of community-based attendant care services for people 
with disabilities which ensures maximum control by the consumer to 
select and manage their attendant care services: Provided further, That 
the Secretary of Health and Human Services is directed to collect fees 
in fiscal year 2001 from Medicare+Choice organizations pursuant to 
section 1857(e)(2) of the Social Security Act and from eligible 
organizations with risk-sharing contracts under section 1876 of that 
Act pursuant to section 1876(k)(4)(D) of that Act: Provided further, 
That administrative fees collected relative to Medicare overpayment 
recovery activities shall be transferred to the Health Care Fraud and 
Abuse Control (HCFAC) account, to be used for Medicare Integrity 
Program (MIP) activities in addition to the amounts already specified, 
and shall remain available until expended.

                Administration for Children and Families

                   low income home energy assistance

    For making payments under title XXVI of the Omnibus Reconciliation 
Act of 1981, $300,000,000: Provided, That these funds are hereby 
designated by the Congress to be emergency requirements pursuant to 
section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit 
Control Act of 1985: Provided further, That these funds shall be made 
available only after submission to the Congress of a formal budget 
request by the President that includes designation of the entire amount 
of the request as an emergency requirement as defined in such Act.

                     refugee and entrant assistance

    For making payments for refugee and entrant assistance activities 
authorized by title IV of the Immigration and Nationality Act and 
section 501 of the Refugee Education Assistance Act of 1980 (Public Law 
96-422), $418,321,000, to remain available through September 30, 2003.
    For carrying out section 5 of the Torture Victims Relief Act of 
1998 (Public Law 105-320), $7,265,000.

  payments to states for child support enforcement and family support 
                                programs

    For making payments to States or other non-Federal entities under 
titles I, IV-D, X, XI, XIV, and XVI of the Social Security Act and the 
Act of July 5, 1960 (24 U.S.C. ch. 9), $2,473,880,000, to remain 
available until expended; and for such purposes for the first quarter 
of fiscal year 2002, $1,000,000,000, to remain available until 
expended.
    For making payments to each State for carrying out the program of 
Aid to Families with Dependent Children under title IV-A of the Social 
Security Act before the effective date of the program of Temporary 
Assistance to Needy Families (TANF) with respect to such State, such 
sums as may be necessary: Provided, That the sum of the amounts 
available to a State with respect to expenditures under such title IV-A 
in fiscal year 1997 under this appropriation and under such title IV-A 
as amended by the Personal Responsibility and Work Opportunity 
Reconciliation Act of 1996 shall not exceed the limitations under 
section 116(b) of such Act.
    For making, after May 31 of the current fiscal year, payments to 
States or other non-Federal entities under titles I, IV-D, X, XI, XIV, 
and XVI of the Social Security Act and the Act of July 5, 1960 (24 
U.S.C. ch. 9), for the last 3 months of the current year for 
unanticipated costs, incurred for the current fiscal year, such sums as 
may be necessary.

   payments to states for the child care and development block grant

    For carrying out sections 658A through 658R of the Omnibus Budget 
Reconciliation Act of 1981 (The Child Care and Development Block Grant 
Act of 1990), in addition to amounts already appropriated for fiscal 
year 2001, $817,328,000: Provided, That of the funds appropriated for 
fiscal year 2001, $19,120,000 shall be available for child care 
resource and referral and school-aged child care activities: Provided 
further, That of the funds appropriated for fiscal year 2001, in 
addition to the amounts required to be reserved by the States under 
section 658G, $222,672,000 shall be reserved by the States for 
activities authorized under section 658G, of which $60,000,000 shall be 
for activities that improve the quality of infant and toddler child 
care.

                      social services block grant

    For making grants to States pursuant to section 2002 of the Social 
Security Act, $600,000,000: Provided, That notwithstanding section 
2003(c) of such Act, as amended, the amount specified for allocation 
under such section for fiscal year 2001 shall be $600,000,000.

                children and families services programs

                        (including rescissions)

    For carrying out, except as otherwise provided, the Runaway and 
Homeless Youth Act, the Developmental Disabilities Assistance and Bill 
of Rights Act, the Head Start Act, the Child Abuse Prevention and 
Treatment Act, the Native American Programs Act of 1974, title II of 
Public Law 95-266 (adoption opportunities), the Adoption and Safe 
Families Act of 1997 (Public Law 105-89), the Abandoned Infants 
Assistance Act of 1988, part B(1) of title IV and sections 413, 429A, 
1110, and 1115 of the Social Security Act; for making payments under 
the Community Services Block Grant Act, section 473A of the Social 
Security Act, and title IV of Public Law 105-285; and for necessary 
administrative expenses to carry out said Acts and titles I, IV, X, XI, 
XIV, XVI, and XX of the Social Security Act, the Act of July 5, 1960 
(24 U.S.C. ch. 9), the Omnibus Budget Reconciliation Act of 1981, title 
IV of the Immigration and Nationality Act, section 501 of the Refugee 
Education Assistance Act of 1980, section 5 of the Torture Victims 
Relief Act of 1998 (Public Law 105-320), sections 40155, 40211, and 
40241 of Public Law 103-322 and section 126 and titles IV and V of 
Public Law 100-485, $7,881,586,000, of which $41,791,000, to remain 
available until September 30, 2002, shall be for grants to States for 
adoption incentive payments, as authorized by section 473A of title IV 
of the Social Security Act (42 U.S.C. 670-679); of which $134,074,000, 
to remain available until expended, shall be for activities authorized 
by sections 40155, 40211, and 40241 of Public Law 103-322; of which 
$606,676,000 shall be for making payments under the Community Services 
Block Grant Act; and of which $6,267,000,000 shall be for making 
payments under the Head Start Act, of which $1,400,000,000 shall become 
available October 1, 2001 and remain available through September 30, 
2002: Provided, That to the extent Community Services Block Grant funds 
are distributed as grant funds by a State to an eligible entity as 
provided under the Act, and have not been expended by such entity, they 
shall remain with such entity for carryover into the next fiscal year 
for expenditure by such entity consistent with program purposes: 
Provided further, That the Secretary shall establish procedures 
regarding the disposition of intangible property which permits grant 
funds, or intangible assets acquired with funds authorized under 
section 680 of the Community Services Block Grant Act, as amended, to 
become the sole property of such grantees after a period of not more 
than 12 years after the end of the grant for purposes and uses 
consistent with the original grant.
    Funds appropriated for fiscal year 2000 under section 429A(e), part 
B of title IV of the Social Security Act shall be reduced by 
$6,000,000.
    Funds appropriated for fiscal year 2000 under section 413(h)(1) of 
the Social Security Act shall be reduced by $15,000,000.

                   promoting safe and stable families

    For carrying out section 430 of the Social Security Act, 
$305,000,000.

       payments to states for foster care and adoption assistance

    For making payments to States or other non-Federal entities under 
title IV-E of the Social Security Act, $4,868,100,000.
    For making payments to States or other non-Federal entities under 
title IV-E of the Social Security Act, for the first quarter of fiscal 
year 2002, $1,735,900,000.

                        Administration on Aging

                        aging services programs

    For carrying out, to the extent not otherwise provided, the Older 
Americans Act of 1965, as amended, and section 398 of the Public Health 
Service Act, $954,619,000: Provided,  That notwithstanding section 
308(b)(1) of the Older Americans Act of 1965, as amended, the amounts 
available to each State for administration of the State plan under 
title III of such Act shall be reduced not more than 5 percent below 
the amount that was available to such State for such purpose for fiscal 
year 1995: Provided further, That in considering grant applications for 
nutrition services for elder Indian recipients, the Assistant Secretary 
shall provide maximum flexibility to applicants who seek to take into 
account subsistence, local customs, and other characteristics that are 
appropriate to the unique cultural, regional, and geographic needs of 
the American Indian, Alaska and Hawaiian Native communities to be 
served.

                        Office of the Secretary

                    general departmental management

    For necessary expenses, not otherwise provided, for general 
departmental management, including hire of six sedans, and for carrying 
out titles III, XVII, and XX of the Public Health Service Act, and the 
United States-Mexico Border Health Commission Act, $206,766,000, 
together with $5,851,000, to be transferred and expended as authorized 
by section 201(g)(1) of the Social Security Act from the Hospital 
Insurance Trust Fund and the Supplemental Medical Insurance Trust Fund: 
Provided further, That of the funds made available under this heading 
for carrying out title XX of the Public Health Service Act, $10,569,000 
shall be for activities specified under section 2003(b)(2), of which 
$9,131,000 shall be for prevention service demonstration grants under 
section 510(b)(2) of title V of the Social Security Act, as amended, 
without application of the limitation of section 2010(c) of said title 
XX.

                      office of inspector general

    For expenses necessary for the Office of Inspector General in 
carrying out the provisions of the Inspector General Act of 1978, as 
amended, $33,849,000.

                        office for civil rights

    For expenses necessary for the Office for Civil Rights, 
$20,742,000, together with not to exceed $3,314,000, to be transferred 
and expended as authorized by section 201(g)(1) of the Social Security 
Act from the Hospital Insurance Trust Fund and the Supplemental Medical 
Insurance Trust Fund.

                            policy research

    For carrying out, to the extent not otherwise provided, research 
studies under section 1110 of the Social Security Act, $16,738,000.

     retirement pay and medical benefits for commissioned officers

    For retirement pay and medical benefits of Public Health Service 
Commissioned Officers as authorized by law, for payments under the 
Retired Serviceman's Family Protection Plan and Survivor Benefit Plan, 
for medical care of dependents and retired personnel under the 
Dependents' Medical Care Act (10 U.S.C. ch. 55), and for payments 
pursuant to section 229(b) of the Social Security Act (42 U.S.C. 
429(b)), such amounts as may be required during the current fiscal 
year.

            Public Health and Social Services Emergency Fund

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

                           GENERAL PROVISIONS

    Sec. 201. Funds appropriated in this title shall be available for 
not to exceed $37,000 for official reception and representation 
expenses when specifically approved by the Secretary.
    Sec. 202. The Secretary shall make available through assignment not 
more than 60 employees of the Public Health Service to assist in child 
survival activities and to work in AIDS programs through and with funds 
provided by the Agency for International Development, the United 
Nations International Children's Emergency Fund or the World Health 
Organization.
    Sec. 203. None of the funds appropriated under this Act may be used 
to implement section 399L(b) of the Public Health Service Act or 
section 1503 of the National Institutes of Health Revitalization Act of 
1993, Public Law 103-43.
    Sec. 204. None of the funds appropriated in this Act for the 
National Institutes of Health and the Substance Abuse and Mental Health 
Services Administration shall be used to pay the salary of an 
individual, through a grant or other extramural mechanism, at a rate in 
excess of Executive Level II.
    Sec. 205. Notwithstanding section 241(a) of the Public Health 
Service Act, such portion as the Secretary shall determine, but not 
more than 1.6 percent, of any amounts appropriated for programs 
authorized under the PHS Act shall be made available for the evaluation 
(directly or by grants or contracts) of the implementation and 
effectiveness of such programs.

                          (transfer of funds)

    Sec. 206. Not to exceed 1 percent of any discretionary funds 
(pursuant to the Balanced Budget and Emergency Deficit Control Act of 
1985, as amended) which are appropriated for the current fiscal year 
for the Department of Health and Human Services in this Act may be 
transferred between appropriations, but no such appropriation shall be 
increased by more than 3 percent by any such transfer: Provided, That 
the Appropriations Committees of both Houses of Congress are notified 
at least 15 days in advance of any transfer.
    Sec. 207. The Director of the National Institutes of Health, 
jointly with the Director of the Office of AIDS Research, may transfer 
up to 3 percent among institutes, centers, and divisions from the total 
amounts identified by these two Directors as funding for research 
pertaining to the human immunodeficiency virus: Provided, That the 
Congress is promptly notified of the transfer.
    Sec. 208. Of the amounts made available in this Act for the 
National Institutes of Health, the amount for research related to the 
human immunodeficiency virus, as jointly determined by the Director of 
the National Institutes of Health and the Director of the Office of 
AIDS Research, shall be made available to the ``Office of AIDS 
Research'' account. The Director of the Office of AIDS Research shall 
transfer from such account amounts necessary to carry out section 
2353(d)(3) of the Public Health Service Act.
    Sec. 209. None of the funds appropriated in this Act may be made 
available to any entity under title X of the Public Health Service Act 
unless the applicant for the award certifies to the Secretary that it 
encourages family participation in the decision of minors to seek 
family planning services and that it provides counseling to minors on 
how to resist attempts to coerce minors into engaging in sexual 
activities.
    Sec. 210. None of the funds appropriated by this Act (including 
funds appropriated to any trust fund) may be used to carry out the 
Medicare+Choice program if the Secretary denies participation in such 
program to an otherwise eligible entity (including a Provider Sponsored 
Organization) because the entity informs the Secretary that it will not 
provide, pay for, provide coverage of, or provide referrals for 
abortions: Provided, That the Secretary shall make appropriate 
prospective adjustments to the capitation payment to such an entity 
(based on an actuarially sound estimate of the expected costs of 
providing the service to such entity's enrollees): Provided further, 
That nothing in this section shall be construed to change the Medicare 
program's coverage for such services and a Medicare+Choice organization 
described in this section shall be responsible for informing enrollees 
where to obtain information about all Medicare covered services.
    Sec. 211. (a) Mental Health.--Section 1918(b) of the Public Health 
Service Act (42 U.S.C. 300x-7(b)) is amended to read as follows:
    ``(b) Minimum Allotments for States.--Each State's allotment for 
fiscal year 2001 for programs under this subpart shall not be less than 
such State's allotment for such programs for fiscal year 2000.''.
    (b) Substance Abuse.--Section 1933(b) of the Public Health Service 
Act (42 U.S.C. 300x-33(b)) is amended to read as follows:
    ``(b) Minimum Allotments for States.--Each State's allotment for 
fiscal year 2001 for programs under this subpart shall not be less than 
such State's allotment for such programs for fiscal year 2000.''.
    Sec. 212. Notwithstanding any other provision of law, no provider 
of services under title X of the Public Health Service Act shall be 
exempt from any State law requiring notification or the reporting of 
child abuse, child molestation, sexual abuse, rape, or incest.
    Sec. 213. Extension of Certain Adjudication Provisions.--The 
Foreign Operations, Export Financing, and Related Programs 
Appropriations Act, 1990 (Public Law 101-167) is amended--
            (1) in section 599D (8 U.S.C. 1157 note)--
                    (A) in subsection (b)(3), by striking ``1997, 1998, 
                1999, and 2000'' and inserting ``1997, 1998, 1999, 2000 
                and 2001''; and
                    (B) in subsection (e), by striking ``October 1, 
                2000'' each place it appears and inserting ``October 1, 
                2001''; and
            (2) in section 599E (8 U.S.C. 1255 note) in subsection 
        (b)(2), by striking ``September 30, 2000'' and inserting 
        ``September 30, 2001''.
    Sec. 214. None of the funds provided in this Act or in any other 
Act making appropriations for fiscal year 2001 may be used to 
administer or implement in Arizona or in the Kansas City, Missouri or 
in the Kansas City, Kansas area the Medicare Competitive Pricing 
Demonstration Project (operated by the Secretary of Health and Human 
Services).
    Sec. 215. Withholding of Substance Abuse Funds. (a) In General.--
None of the funds appropriated by this Act may be used to withhold 
substance abuse funding from a State pursuant to section 1926 of the 
Public Health Service Act (42 U.S.C. 300x-26) if such State certifies 
to the Secretary of Health and Human Services by December 15, 2000 that 
the State will commit additional State funds, in accordance with 
subsection (b), to ensure compliance with State laws prohibiting the 
sale of tobacco products to individuals under 18 years of age.
    (b) Amount of State Funds.--The amount of funds to be committed by 
a State under subsection (a) shall be equal to 1 percent of such 
State's substance abuse block grant allocation for each percentage 
point by which the State misses the retailer compliance rate goal 
established by the Secretary of Health and Human Services under section 
1926 of such Act.
    (c) Additional State Funds.--The State is to maintain State 
expenditures in fiscal year 2001 for tobacco prevention programs and 
for compliance activities at a level that is not less than the level of 
such expenditures maintained by the State for fiscal year 2000, and 
adding to that level the additional funds for tobacco compliance 
activities required under subsection (a). The State is to submit a 
report to the Secretary on all fiscal year 2000 State expenditures and 
all fiscal year 2001 obligations for tobacco prevention and compliance 
activities by program activity by July 31, 2001.
    (d) Enforcement of State Obligations.--The Secretary shall exercise 
discretion in enforcing the timing of the State obligation of the 
additional funds required by the certification described in subsection 
(a) as late as July 31, 2000.
    Sec. 216. Section 403(a)(3) of the Social Security Act (42 U.S.C. 
603(a)(3)) is amended--
            (1) in subparagraph (A)--
                    (A) in clause (i), by striking ``and'' at the end;
                    (B) in clause (ii)--
                            (i) by striking ``1999, 2000, and 2001'' 
                        and inserting ``1999 and 2000''; and
                            (ii) by striking the period at the end and 
                        inserting ``; and''; and
                    (C) by adding at the end the following new clause:
                            ``(iii) for fiscal year 2001, a grant in an 
                        amount equal to the amount of the grant to the 
                        State under clause (i) for fiscal year 1998.'' 
                        and
            (2) in subparagraph (G), by inserting at the end, ``Upon 
        enactment, the provisions of this Act that would have been 
        estimated by the Director of the Office of Management and 
        Budget as changing direct spending and receipts for fiscal year 
        2001 under section 252 of the Balanced Budget and Emergency 
        Deficit Control Act of 1985 (Public Law 99-177), to the extent 
        such changes would have been estimated to result in savings in 
        fiscal year 2001 of $240,000,000 in budget authority and 
        $122,000,000 in outlays, shall be treated as if enacted in an 
        appropriations act pursuant to Rule 3 of the Budget 
        Scorekeeping Guidelines set forth in the Joint Explanatory 
        Statement of the Committee of Conference accompanying 
        Conference Report No. 105-217, thereby changing discretionary 
        spending under section 251 of that Act.''.
    Sec. 217. (a) Notwithstanding Section 2104(f) of the Social 
Security Act (the Act), the Secretary of Health and Human Services 
shall reduce the amounts allotted to a State under subsection (b) of 
the Act for fiscal year 1998 by the applicable amount with respect to 
the State; and
    (b) Notwithstanding Section 2104(a) of the Act, the Secretary shall 
increase the amount otherwise payable to each State under such 
subsection for fiscal year 2003 by the amount of the reduction made 
under paragraph (a) of this section. Funds made available under this 
subsection shall remain available through September 30, 2004.
    (c) Applicable Amount Defined.--In subsection (a), with respect to 
a State, the term ``applicable amount'' means, with respect to a State, 
an amount bearing the same proportion to $1,900,000,000 as the 
unexpended balance of its fiscal year 1998 allotment as of September 
30, 2000, which would otherwise be redistributed to States in fiscal 
year 2001 under Section 2104(f) of the Act, bears to the sum of the 
unexpended balances of fiscal year 1998 allotments for all States as of 
September 30, 2000: Provided, That, the applicable amount for a State 
shall not exceed the unexpended balance of its fiscal year 1998 
allotment as of September 30, 2000.

                   TITLE III--DEPARTMENT OF EDUCATION

              Office of Elementary and Secondary Education

                            education reform

    For carrying out activities authorized by title IV of the Goals 
2000: Educate America Act as in effect prior to September 30, 2000, and 
sections 3122, 3132, 3136, and 3141, parts B, C, and D of title III, 
and part I of title X of the Elementary and Secondary Education Act of 
1965, $1,434,500,000, of which $40,000,000 shall be for the Goals 2000: 
Educate America Act, and of which $192,000,000 shall be for section 
3122: Provided, That up to one-half of 1 percent of the amount 
available under section 3132 shall be set aside for the outlying areas, 
to be distributed on the basis of their relative need as determined by 
the Secretary in accordance with the purposes of the program: Provided 
further, That if any State educational agency does not apply for a 
grant under section 3132, that State's allotment under section 3131 
shall be reserved by the Secretary for grants to local educational 
agencies in that State that apply directly to the Secretary according 
to the terms and conditions published by the Secretary in the Federal 
Register: Provided further, That, notwithstanding part I of title X of 
the Elementary and Secondary Education Act of 1965 or any other 
provision of law, a community-based organization that has experience in 
providing before- and after-school services shall be eligible to 
receive a grant under that part, on the same basis as a school or 
consortium described in section 10904 of that Act, and the Secretary 
shall give priority to any application for such a grant that is 
submitted jointly by such a community-based organization and such a 
school or consortium.

                    education for the disadvantaged

    For carrying out title I of the Elementary and Secondary Education 
Act of 1965, and section 418A of the Higher Education Act of 1965, 
$8,986,800,000, of which $2,729,958,000 shall become available on July 
1, 2001, and shall remain available through September 30, 2002, and of 
which $6,223,342,000 shall become available on October 1, 2001 and 
shall remain available through September 30, 2002, for academic year 
2000-2001: Provided, That $7,113,403,000 shall be available for basic 
grants under section 1124: Provided further, That up to $3,500,000 of 
these funds shall be available to the Secretary on October 1, 2000, to 
obtain updated local educational agency level census poverty data from 
the Bureau of the Census: Provided further, That $1,222,397,000 shall 
be available for concentration grants under section 1124A: Provided 
further, That grant awards under sections 1124 and 1124A of title I of 
the Elementary and Secondary Education Act of 1965 shall be made to 
each State and local educational agency at no less than 100 percent of 
the amount such State or local educational agency received under this 
authority for fiscal year 2000: Provided further, That notwithstanding 
any other provision of law, grant awards under section 1124A of title I 
of the Elementary and Secondary Education Act of 1965 shall be made to 
those local educational agencies that received a Concentration Grant 
under the Department of Education Appropriations Act, 2000, but are not 
eligible to receive such a grant for fiscal year 2001: Provided 
further, That each such local educational agency shall receive an 
amount equal to the Concentration Grant the agency received in fiscal 
year 2000, ratably reduced, if necessary, to ensure that these local 
educational agencies receive no greater share of their hold-harmless 
amounts than other local educational agencies: Provided further, That 
notwithstanding any other provision of law, in calculating the amount 
of Federal assistance awarded to a State or local educational agency 
under any program under title I of the Elementary and Secondary 
Education Act of 1965 (20 U.S.C. 6301 et seq.) on the basis of a 
formula described in section 1124 or 1124A of such Act (20 U.S.C. 6333, 
6334), any funds appropriated for the program in excess of the amount 
appropriated for the program for fiscal year 2000 shall be awarded 
according to the formula, except that, for such purposes, the formula 
shall be applied only to States or local educational agencies that 
experience a reduction under the program for fiscal year 2001 as a 
result of the application of the 100 percent hold harmless provisions 
under the heading ``Education for the Disadvantaged'': Provided 
further, That the Secretary shall not take into account the hold 
harmless provisions in this section in determining State allocations 
under any other program administered by the Secretary in any fiscal 
year.

                               impact aid

    For carrying out programs of financial assistance to federally 
affected schools authorized by title VIII of the Elementary and 
Secondary Education Act of 1965, $1,030,000,000, of which $818,000,000 
shall be for basic support payments under section 8003(b), $50,000,000 
shall be for payments for children with disabilities under section 
8003(d), $82,000,000, to remain available until expended, shall be for 
payments under section 8003(f), $25,000,000 shall be for construction 
under section 8007, $47,000,000 shall be for Federal property payments 
under section 8002 and $8,000,000 to remain available until expended 
shall be for facilities maintenance under section 8008.

                      school improvement programs

    For carrying out school improvement activities authorized by titles 
II, IV, V-A and B, VI, IX, X, and XIII of the Elementary and Secondary 
Education Act of 1965 (``ESEA''); the Stewart B. McKinney Homeless 
Assistance Act; and the Civil Rights Act of 1964 and part B of title 
VIII of the Higher Education Act of 1965; $4,672,534,000, of which 
$1,100,200,000 shall become available on July 1, 2001, and remain 
available through September 30, 2002, and of which $2,915,000,000 shall 
become available on October 1, 2001 and shall remain available through 
September 30, 2002 for academic year 2001-2002: Provided, That of the 
amount appropriated, $435,000,000 shall be for Eisenhower professional 
development State grants under title II-B and $3,100,000,000 shall be 
for title VI and up to $750,000 shall be for an evaluation of 
comprehensive regional assistance centers under title XIII of ESEA: 
Provided further, That of the amount made available for Title VI, 
$2,700,000,000 shall be available, notwithstanding any other provision 
of law, for purposes consistent with title VI to be determined by the 
local education agency as part of a local strategy for improving 
academic achievement: Provided further, That these funds may also be 
used to address the shortage of highly qualified teachers to reduce 
class size, particularly in early grades, using highly qualified 
teachers to improve educational achievement for regular and special 
needs children; to support efforts to recruit, train and retrain highly 
qualified teachers or for school construction and renovation of 
facilities, at the sole discretion of the local educational agency.

                           reading excellence

    For necessary expenses to carry out the Reading Excellence Act, 
$91,000,000, which shall become available on July 1, 2001 and shall 
remain available through September 30, 2002 and $195,000,000 which 
shall become available on October 1, 2001 and remain available through 
September 30, 2002.

                            indian education

    For expenses necessary to carry out, to the extent not otherwise 
provided, title IX, part A of the Elementary and Secondary Education 
Act of 1965, as amended, $115,500,000.

      Office of Bilingual Education and Minority Languages Affairs

                   bilingual and immigrant education

    For carrying out, to the extent not otherwise provided, bilingual, 
foreign language and immigrant education activities authorized by parts 
A and C and section 7203 of title VII of the Elementary and Secondary 
Education Act of 1965, without regard to section 7103(b), $443,000,000: 
Provided, That State educational agencies may use all, or any part of, 
their part C allocation for competitive grants to local educational 
agencies.

        Office of Special Education and Rehabilitative Services

                           special education

    For carrying out the Individuals with Disabilities Education Act, 
$7,352,341,000, of which $2,464,452,000 shall become available for 
obligation on July 1, 2001, and shall remain available through 
September 30, 2002, and of which $4,624,000,000 shall become available 
on October 1, 2001 and shall remain available through September 30, 
2002, for academic year 2001-2002: Provided, That $1,500,000 shall be 
for the recipient of funds provided by Public Law 105-78 under section 
687(b)(2)(G) of the Act to provide information on diagnosis, 
intervention, and teaching strategies for children with disabilities: 
Provided further, That the amount for section 611(c) of the Act shall 
be equal to the amount available for that section under Public Law 106-
113, increased by the rate of inflation as specified in section 
611(f)(1)(B)(ii) of the Act.

            rehabilitation services and disability research

    For carrying out, to the extent not otherwise provided, the 
Rehabilitation Act of 1973, the Assistive Technology Act of 1998, and 
the Helen Keller National Center Act, $2,799,519,000: Provided, That 
notwithstanding section 105(b)(1) of the Assistive Technology Act of 
1998 (``the AT Act''), each State shall be provided $50,000 for 
activities under section 102 of the AT Act: Provided further, That 
notwithstanding section 105(b)(1) and section 101(f)(2) and (3) of the 
Assistive Technology Act of 1998, each State shall be provided a 
minimum of $500,000 for activities under section 101: Provided further, 
That $7,000,000 shall be used to support grants for up to three years 
to states under title III of the AT Act, of which the Federal share 
shall not exceed 75 percent in the first year, 50 percent in the second 
year, and 25 percent in the third year, and that the requirements in 
section 301(c)(2) and section 302 of that Act shall not apply to such 
grants.

           Special Institutions for Persons With Disabilities

                 american printing house for the blind

    For carrying out the Act of March 3, 1879, as amended (20 U.S.C. 
101 et seq.), $12,500,000.

               national technical institute for the deaf

    For the National Technical Institute for the Deaf under titles I 
and II of the Education of the Deaf Act of 1986 (20 U.S.C. 4301 et 
seq.), $54,366,000, of which $7,176,000 shall be for construction and 
shall remain available until expended: Provided, That from the total 
amount available, the Institute may at its discretion use funds for the 
endowment program as authorized under section 207.

                          gallaudet university

    For the Kendall Demonstration Elementary School, the Model 
Secondary School for the Deaf, and the partial support of Gallaudet 
University under titles I and II of the Education of the Deaf Act of 
1986 (20 U.S.C. 4301 et seq.), $87,650,000: Provided, That from the 
total amount available, the University may at its discretion use funds 
for the endowment program as authorized under section 207.

                Office of Vocational and Adult Education

                     vocational and adult education

    For carrying out, to the extent not otherwise provided, the Carl D. 
Perkins Vocational and Technical Education Act, the Adult Education and 
Family Literacy Act, and title VIII-D of the Higher Education Act of 
1965, as amended, and Public Law 102-73, $1,726,600,000, of which 
$1,000,000 shall remain available until expended, and of which 
$929,000,000 shall become available on July 1, 2001 and shall remain 
available through September 30, 2002 and of which $791,000,000 shall 
become available on October 1, 2001 and shall remain available through 
September 30, 2002: Provided, That of the amounts made available for 
the Carl D. Perkins Vocational and Technical Education Act, $5,600,000 
shall be for tribally controlled postsecondary vocational and technical 
institutions under section 117: Provided further, That $9,000,000 shall 
be for carrying out section 118 of such Act: Provided further, That up 
to 15 percent of the funds provided may be used by the national entity 
designated under section 118(a) to cover the cost of authorized 
activities and operations, including Federal salaries and expenses: 
Provided further, That the national entity is authorized, effective 
upon enactment, to charge fees for publications, training, and 
technical assistance developed by that national entity: Provided 
further, That revenues received from publications and delivery of 
technical assistance and training, notwithstanding 31 U.S.C. 3302, may 
be credited to the national entity's account and shall be available to 
the national entity, without fiscal year limitation, so long as such 
revenues are used for authorized activities and operations of the 
national entity: Provided further, That of the funds made available to 
carry out section 204 of the Perkins Act, all funds that a State 
receives in excess of its prior-year allocation shall be competitively 
awarded: Provided further, That in making these awards, each State 
shall give priority to consortia whose applications most effectively 
integrate all components under section 204(c): Provided further, That 
of the amounts made available for the Carl D. Perkins Vocational and 
Technical Education Act, $5,000,000 shall be for demonstration 
activities authorized by section 207: Provided further, That of the 
amounts made available for the Adult Education and Family Literacy Act, 
$14,000,000 shall be for national leadership activities under section 
243 and $6,500,000 shall be for the National Institute for Literacy 
under section 242: Provided further, That $22,000,000 shall be for 
Youth Offender Grants, of which $5,000,000 shall be used in accordance 
with section 601 of Public Law 102-73 as that section was in effect 
prior to the enactment of Public Law 105-220: Provided further, That of 
the amounts made available for title I of the Perkins Act, the 
Secretary may reserve up to 0.54 percent for incentive grants under 
section 503 of the Workforce Investment Act, without regard to section 
111(a)(1)(C) of the Perkins Act: Provided further, That of the amounts 
made available for the Adult Education and Family Literacy Act, the 
Secretary may reserve up to 0.54 percent for incentive grants under 
section 503 of the Workforce Investment Act, without regard to section 
211(a)(3) of the Adult Education and Family Literacy Act.

                 Office of Student Financial Assistance

                      student financial assistance

    For carrying out subparts 1, 3 and 4 of part A, part C and part E 
of title IV of the Higher Education Act of 1965, as amended, 
$10,624,000,000, which shall remain available through September 30, 
2002.
    The maximum Pell Grant for which a student shall be eligible during 
award year 2001-2002 shall be $3,650: Provided, That notwithstanding 
section 401(g) of the Act, if the Secretary determines, prior to 
publication of the payment schedule for such award year, that the 
amount included within this appropriation for Pell Grant awards in such 
award year, and any funds available from the fiscal year 2000 
appropriation for Pell Grant awards, are insufficient to satisfy fully 
all such awards for which students are eligible, as calculated under 
section 401(b) of the Act, the amount paid for each such award shall be 
reduced by either a fixed or variable percentage, or by a fixed dollar 
amount, as determined in accordance with a schedule of reductions 
established by the Secretary for this purpose.

             federal family education loan program account

    For Federal administrative expenses to carry out guaranteed student 
loans authorized by title IV, part B, of the Higher Education Act of 
1965, as amended, $48,000,000.

                   Office of Postsecondary Education

                            higher education

    For carrying out, to the extent not otherwise provided, section 121 
and titles II, III, IV, V, VI, VII, and VIII of the Higher Education 
Act of 1965, as amended, and the Mutual Educational and Cultural 
Exchange Act of 1961; $1,694,520,000, of which $10,000,000 for interest 
subsidies authorized by section 121 of the Higher Education Act of 
1965, shall remain available until expended: Provided, That 
$11,000,000, to remain available through September 30, 2002, shall be 
available to fund fellowships under part A, subpart 1 of title VII of 
said Act, of which up to $1,000,000 shall be available to fund 
fellowships for academic year 2001-2002, and the remainder shall be 
available to fund fellowships for academic year 2002-2003: Provided 
further, That $3,000,000 is for data collection and evaluation 
activities for programs under the Higher Education Act of 1965, 
including such activities needed to comply with the Government 
Performance and Results Act of 1993: Provided further, That section 
404F(a) of the Higher Education Amendments of 1998 is amended by 
striking out ``using funds appropriated under section 404H that do not 
exceed $200,000'' and inserting in lieu thereof ``using not more than 
0.2 percent of the funds appropriated under section 404H''.

                           howard university

    For partial support of Howard University (20 U.S.C. 121 et seq.), 
$224,000,000, of which not less than $3,530,000 shall be for a matching 
endowment grant pursuant to the Howard University Endowment Act (Public 
Law 98-480) and shall remain available until expended.

         college housing and academic facilities loans program

    For Federal administrative expenses authorized under section 121 of 
the Higher Education Act of 1965, $737,000 to carry out activities 
related to existing facility loans entered into under the Higher 
Education Act of 1965.

  historically black college and university capital financing program 
                                account

    The total amount of bonds insured pursuant to section 344 of title 
III, part D of the Higher Education Act of 1965 shall not exceed 
$357,000,000, and the cost, as defined in section 502 of the 
Congressional Budget Act of 1974, of such bonds shall not exceed zero.
    For administrative expenses to carry out the Historically Black 
College and University Capital Financing Program entered into pursuant 
to title III, part D of the Higher Education Act of 1965, as amended, 
$208,000.

             Office of Educational Research and Improvement

            education research, statistics, and improvement

    For carrying out activities authorized by the Educational Research, 
Development, Dissemination, and Improvement Act of 1994, including part 
E; the National Education Statistics Act of 1994, including sections 
411 and 412; section 2102 of title II, and parts A, B, and K and 
section 10102, section 10105, and 10601 of title X, and part C of title 
XIII of the Elementary and Secondary Education Act of 1965, as amended, 
and title VI of Public Law 103-227, $496,519,000: Provided, That of the 
funds appropriated under section 10601 of title X of the Elementary and 
Secondary Education Act of 1965, as amended, $1,500,000 shall be used 
to conduct a violence prevention demonstration program: Provided 
further, That $40,000,000 of the funds provided for the national 
education research institutes shall be allocated notwithstanding 
section 912(m)(1)(B-F) and subparagraphs (B) and (C) of section 
931(c)(2) of Public Law 103-227: Provided further, That of the funds 
available for section 10601 of title X of the Elementary and Secondary 
Education Act of 1965, as amended, $150,000 shall be awarded to the 
Center for Educational Technologies to complete production and 
distribution of an effective CD-ROM product that would complement the 
``We the People: The Citizen and the Constitution'' curriculum: 
Provided further, That, in addition to the funds for title VI of Public 
Law 103-227 and notwithstanding the provisions of section 601(c)(1)(C) 
of that Act, $1,000,000 shall be available to the Center for Civic 
Education to conduct a civic education program with Northern Ireland 
and the Republic of Ireland and, consistent with the civics and 
Government activities authorized in section 601(c)(3) of Public Law 
103-227, to provide civic education assistance to democracies in 
developing countries. The term ``developing countries'' shall have the 
same meaning as the term ``developing country'' in the Education for 
the Deaf Act.

                        Departmental Management

                         program administration

    For carrying out, to the extent not otherwise provided, the 
Department of Education Organization Act, including rental of 
conference rooms in the District of Columbia and hire of two passenger 
motor vehicles, $396,672,000.

                        office for civil rights

    For expenses necessary for the Office for Civil Rights, as 
authorized by section 203 of the Department of Education Organization 
Act, $73,224,000.

                    office of the inspector general

    For expenses necessary for the Office of Inspector General, as 
authorized by section 212 of the Department of Education Organization 
Act, $35,456,000.

                           GENERAL PROVISIONS

    Sec. 301. No funds appropriated in this Act may be used for the 
transportation of students or teachers (or for the purchase of 
equipment for such transportation) in order to overcome racial 
imbalance in any school or school system, or for the transportation of 
students or teachers (or for the purchase of equipment for such 
transportation) in order to carry out a plan of racial desegregation of 
any school or school system.
    Sec. 302. None of the funds contained in this Act shall be used to 
require, directly or indirectly, the transportation of any student to a 
school other than the school which is nearest the student's home, 
except for a student requiring special education, to the school 
offering such special education, in order to comply with title VI of 
the Civil Rights Act of 1964. For the purpose of this section an 
indirect requirement of transportation of students includes the 
transportation of students to carry out a plan involving the 
reorganization of the grade structure of schools, the pairing of 
schools, or the clustering of schools, or any combination of grade 
restructuring, pairing or clustering. The prohibition described in this 
section does not include the establishment of magnet schools.
    Sec. 303. No funds appropriated under this Act may be used to 
prevent the implementation of programs of voluntary prayer and 
meditation in the public schools.

                          (transfer of funds)

    Sec. 304. Not to exceed 1 percent of any discretionary funds 
(pursuant to the Balanced Budget and Emergency Deficit Control Act of 
1985, as amended) which are appropriated for the Department of 
Education in this Act may be transferred between appropriations, but no 
such appropriation shall be increased by more than 3 percent by any 
such transfer: Provided, That the Appropriations Committees of both 
Houses of Congress are notified at least 15 days in advance of any 
transfer.

                       TITLE IV--RELATED AGENCIES

                      Armed Forces Retirement Home

                      armed forces retirement home

    For expenses necessary for the Armed Forces Retirement Home to 
operate and maintain the United States Soldiers' and Airmen's Home and 
the United States Naval Home, to be paid from funds available in the 
Armed Forces Retirement Home Trust Fund, $69,832,000, of which 
$9,832,000 shall remain available until expended for construction and 
renovation of the physical plants at the United States Soldiers' and 
Airmen's Home and the United States Naval Home: Provided, That, 
notwithstanding any other provision of law, a single contract or 
related contracts for development and construction, to include 
construction of a long-term care facility at the United States Naval 
Home, may be employed which collectively include the full scope of the 
project: Provided further, That the solicitation and contract shall 
contain the clause ``availability of funds'' found at 48 CFR 52.232-18 
and 252.232-7007, Limitation of Government Obligations. In addition, 
for completion of the long-term care facility at the United States 
Naval Home, $6,228,000 to become available on October 1, 2001, and 
remain available until expended.

             Corporation for National and Community Service

        domestic volunteer service programs, operating expenses

    For expenses necessary for the Corporation for National and 
Community Service to carry out the provisions of the Domestic Volunteer 
Service Act of 1973, as amended, $302,504,000: Provided, That none of 
the funds made available to the Corporation for National and Community 
Service in this Act for activities authorized by part E of title II of 
the Domestic Volunteer Service Act of 1973 shall be used to provide 
stipends or other monetary incentives to volunteers or volunteer 
leaders whose incomes exceed 125 percent of the national poverty level.

                  Corporation for Public Broadcasting

    For payment to the Corporation for Public Broadcasting, as 
authorized by the Communications Act of 1934, an amount which shall be 
available within limitations specified by that Act, for the fiscal year 
2003, $365,000,000: Provided, That no funds made available to the 
Corporation for Public Broadcasting by this Act shall be used to pay 
for receptions, parties, or similar forms of entertainment for 
Government officials or employees: Provided further, That none of the 
funds contained in this paragraph shall be available or used to aid or 
support any program or activity from which any person is excluded, or 
is denied benefits, or is discriminated against, on the basis of race, 
color, national origin, religion, or sex: Provided further, That in 
addition to the amounts provided above, $20,000,000, to remain 
available until expended, shall be for digitalization, pending 
enactment of authorizing legislation.

               Federal Mediation and Conciliation Service

                         salaries and expenses

    For expenses necessary for the Federal Mediation and Conciliation 
Service to carry out the functions vested in it by the Labor Management 
Relations Act, 1947 (29 U.S.C. 171-180, 182-183), including hire of 
passenger motor vehicles; for expenses necessary for the Labor-
Management Cooperation Act of 1978 (29 U.S.C. 175a); and for expenses 
necessary for the Service to carry out the functions vested in it by 
the Civil Service Reform Act, Public Law 95-454 (5 U.S.C. ch. 71), 
$38,200,000, including $1,500,000, to remain available through 
September 30, 2002, for activities authorized by the Labor-Management 
Cooperation Act of 1978 (29 U.S.C. 175a): Provided, That 
notwithstanding 31 U.S.C. 3302, fees charged, up to full-cost recovery, 
for special training activities and other conflict resolution services 
and technical assistance, including those provided to foreign 
governments and international organizations, and for arbitration 
services shall be credited to and merged with this account, and shall 
remain available until expended: Provided further, That fees for 
arbitration services shall be available only for education, training, 
and professional development of the agency workforce: Provided further, 
That the Director of the Service is authorized to accept and use on 
behalf of the United States gifts of services and real, personal, or 
other property in the aid of any projects or functions within the 
Director's jurisdiction.

            Federal Mine Safety and Health Review Commission

                         salaries and expenses

    For expenses necessary for the Federal Mine Safety and Health 
Review Commission (30 U.S.C. 801 et seq.), $6,320,000.

                Institute of Museum and Library Services

         office of library services: grants and administration

    For carrying out subtitle B of the Museum and Library Services Act, 
$168,000,000, to remain available until expended.

                  Medicare Payment Advisory Commission

                         salaries and expenses

    For expenses necessary to carry out section 1805 of the Social 
Security Act, $8,000,000, to be transferred to this appropriation from 
the Federal Hospital Insurance and the Federal Supplementary Medical 
Insurance Trust Funds.

        National Commission on Libraries and Information Science

                         salaries and expenses

    For necessary expenses for the National Commission on Libraries and 
Information Science, established by the Act of July 20, 1970 (Public 
Law 91-345, as amended), $1,495,000.

                     National Council on Disability

                         salaries and expenses

    For expenses necessary for the National Council on Disability as 
authorized by title IV of the Rehabilitation Act of 1973, as amended, 
$2,615,000.

                     National Education Goals Panel

    For expenses necessary for the National Education Goals Panel, as 
authorized by title II, part A of the Goals 2000: Educate America Act, 
$2,350,000.

                     National Labor Relations Board

                         salaries and expenses

    For expenses necessary for the National Labor Relations Board to 
carry out the functions vested in it by the Labor-Management Relations 
Act, 1947, as amended (29 U.S.C. 141-167), and other laws, 
$216,438,000: Provided, That no part of this appropriation shall be 
available to organize or assist in organizing agricultural laborers or 
used in connection with investigations, hearings, directives, or orders 
concerning bargaining units composed of agricultural laborers as 
referred to in section 2(3) of the Act of July 5, 1935 (29 U.S.C. 152), 
and as amended by the Labor-Management Relations Act, 1947, as amended, 
and as defined in section 3(f) of the Act of June 25, 1938 (29 U.S.C. 
203), and including in said definition employees engaged in the 
maintenance and operation of ditches, canals, reservoirs, and waterways 
when maintained or operated on a mutual, nonprofit basis and at least 
95 percent of the water stored or supplied thereby is used for farming 
purposes.

                        National Mediation Board

                         salaries and expenses

    For expenses necessary to carry out the provisions of the Railway 
Labor Act, as amended (45 U.S.C. 151-188), including emergency boards 
appointed by the President, $10,400,000.

            Occupational Safety and Health Review Commission

                         salaries and expenses

    For expenses necessary for the Occupational Safety and Health 
Review Commission (29 U.S.C. 661), $8,720,000.

                       Railroad Retirement Board

                     dual benefits payments account

    For payment to the Dual Benefits Payments Account, authorized under 
section 15(d) of the Railroad Retirement Act of 1974, $160,000,000, 
which shall include amounts becoming available in fiscal year 2001 
pursuant to section 224(c)(1)(B) of Public Law 98-76; and in addition, 
an amount, not to exceed 2 percent of the amount provided herein, shall 
be available proportional to the amount by which the product of 
recipients and the average benefit received exceeds $160,000,000: 
Provided, That the total amount provided herein shall be credited in 12 
approximately equal amounts on the first day of each month in the 
fiscal year.

          federal payments to the railroad retirement accounts

    For payment to the accounts established in the Treasury for the 
payment of benefits under the Railroad Retirement Act for interest 
earned on unnegotiated checks, $150,000, to remain available through 
September 30, 2002, which shall be the maximum amount available for 
payment pursuant to section 417 of Public Law 98-76.

                      limitation on administration

    For necessary expenses for the Railroad Retirement Board for 
administration of the Railroad Retirement Act and the Railroad 
Unemployment Insurance Act, $92,500,000, to be derived in such amounts 
as determined by the Board from the railroad retirement accounts and 
from moneys credited to the railroad unemployment insurance 
administration fund.

             limitation on the office of inspector general

    For expenses necessary for the Office of Inspector General for 
audit, investigatory and review activities, as authorized by the 
Inspector General Act of 1978, as amended, not more than $5,700,000, to 
be derived from the railroad retirement accounts and railroad 
unemployment insurance account: Provided, That none of the funds made 
available in any other paragraph of this Act may be transferred to the 
Office; used to carry out any such transfer; used to provide any office 
space, equipment, office supplies, communications facilities or 
services, maintenance services, or administrative services for the 
Office; used to pay any salary, benefit, or award for any personnel of 
the Office; used to pay any other operating expense of the Office; or 
used to reimburse the Office for any service provided, or expense 
incurred, by the Office.

                     Social Security Administration

                payments to social security trust funds

    For payment to the Federal Old-Age and Survivors Insurance and the 
Federal Disability Insurance trust funds, as provided under sections 
201(m), 228(g), and 1131(b)(2) of the Social Security Act, $20,400,000.

               special benefits for disabled coal miners

    For carrying out title IV of the Federal Mine Safety and Health Act 
of 1977, $365,748,000, to remain available until expended.
    For making, after July 31 of the current fiscal year, benefit 
payments to individuals under title IV of the Federal Mine Safety and 
Health Act of 1977, for costs incurred in the current fiscal year, such 
amounts as may be necessary.
    For making benefit payments under title IV of the Federal Mine 
Safety and Health Act of 1977 for the first quarter of fiscal year 
2002, $114,000,000, to remain available until expended.

                  supplemental security income program

    For carrying out titles XI and XVI of the Social Security Act, 
section 401 of Public Law 92-603, section 212 of Public Law 93-66, as 
amended, and section 405 of Public Law 95-216, including payment to the 
Social Security trust funds for administrative expenses incurred 
pursuant to section 201(g)(1) of the Social Security Act, 
$23,053,000,000, to remain available until expended: Provided, That any 
portion of the funds provided to a State in the current fiscal year and 
not obligated by the State during that year shall be returned to the 
Treasury.
    From funds provided under the previous paragraph, not less than 
$100,000,000 shall be available for payment to the Social Security 
trust funds for administrative expenses for conducting continuing 
disability reviews.
    In addition, $210,000,000, to remain available until September 30, 
2002, for payment to the Social Security trust funds for administrative 
expenses for continuing disability reviews as authorized by section 103 
of Public Law 104-121 and section 10203 of Public Law 105-33. The term 
``continuing disability reviews'' means reviews and redeterminations as 
defined under section 201(g)(1)(A) of the Social Security Act, as 
amended.
    For making, after June 15 of the current fiscal year, benefit 
payments to individuals under title XVI of the Social Security Act, for 
unanticipated costs incurred for the current fiscal year, such sums as 
may be necessary.
    For making benefit payments under title XVI of the Social Security 
Act for the first quarter of fiscal year 2002, $10,470,000,000, to 
remain available until expended.

                 limitation on administrative expenses

    For necessary expenses, including the hire of two passenger motor 
vehicles, and not to exceed $10,000 for official reception and 
representation expenses, not more than $6,469,800,000 may be expended, 
as authorized by section 201(g)(1) of the Social Security Act, from any 
one or all of the trust funds referred to therein: Provided, That not 
less than $1,800,000 shall be for the Social Security Advisory Board: 
Provided further, That unobligated balances at the end of fiscal year 
2001 not needed for fiscal year 2001 shall remain available until 
expended to invest in the Social Security Administration information 
technology and telecommunications hardware and software infrastructure, 
including related equipment and non-payroll administrative expenses
    From funds provided under the first paragraph, not less than 
$200,000,000 shall be available for conducting continuing disability 
reviews.
    In addition to funding already available under this heading, and 
subject to the same terms and conditions, $450,000,000, to remain 
available until September 30, 2002, for continuing disability reviews 
as authorized by section 103 of Public Law 104-121 and section 10203 of 
Public Law 105-33. The term ``continuing disability reviews'' means 
reviews and redeterminations as defined under section 201(g)(1)(A) of 
the Social Security Act, as amended.
    In addition, $91,000,000 to be derived from administration fees in 
excess of $5.00 per supplementary payment collected pursuant to section 
1616(d) of the Social Security Act or section 212(b)(3) of Public Law 
93-66, which shall remain available until expended. To the extent that 
the amounts collected pursuant to such section 1616(d) or 212(b)(3) in 
fiscal year 2001 exceed $91,000,000, the amounts shall be available in 
fiscal year 2002 only to the extent provided in advance in 
appropriations Acts.
    From funds previously appropriated for this purpose, any 
unobligated balances at the end of fiscal year 2000 shall be available 
to continue Federal-State partnerships which will evaluate means to 
promote Medicare buy-in programs targeted to elderly and disabled 
individuals under titles XVIII and XIX of the Social Security Act.

                      office of inspector general

                     (including transfer of funds)

    For expenses necessary for the Office of Inspector General in 
carrying out the provisions of the Inspector General Act of 1978, as 
amended, $16,944,000, together with not to exceed $52,500,000, to be 
transferred and expended as authorized by section 201(g)(1) of the 
Social Security Act from the Federal Old-Age and Survivors Insurance 
Trust Fund and the Federal Disability Insurance Trust Fund.
    In addition, an amount not to exceed 3 percent of the total 
provided in this appropriation may be transferred from the ``Limitation 
on Administrative Expenses'', Social Security Administration, to be 
merged with this account, to be available for the time and purposes for 
which this account is available: Provided, That notice of such 
transfers shall be transmitted promptly to the Committees on 
Appropriations of the House and Senate.

                    United States Institute of Peace

                           operating expenses

    For necessary expenses of the United States Institute of Peace as 
authorized in the United States Institute of Peace Act, $12,951,000.

                      TITLE V--GENERAL PROVISIONS

    Sec. 501. The Secretaries of Labor, Health and Human Services, and 
Education are authorized to transfer unexpended balances of prior 
appropriations to accounts corresponding to current appropriations 
provided in this Act: Provided, That such transferred balances are used 
for the same purpose, and for the same periods of time, for which they 
were originally appropriated.
    Sec. 502. No part of any appropriation contained in this Act shall 
remain available for obligation beyond the current fiscal year unless 
expressly so provided herein.
    Sec. 503. (a) No part of any appropriation contained in this Act 
shall be used, other than for normal and recognized executive-
legislative relationships, for publicity or propaganda purposes, for 
the preparation, distribution, or use of any kit, pamphlet, booklet, 
publication, radio, television, or video presentation designed to 
support or defeat legislation pending before the Congress or any State 
legislature, except in presentation to the Congress or any State 
legislature itself.
    (b) No part of any appropriation contained in this Act shall be 
used to pay the salary or expenses of any grant or contract recipient, 
or agent acting for such recipient, related to any activity designed to 
influence legislation or appropriations pending before the Congress or 
any State legislature.
    Sec. 504. The Secretaries of Labor and Education are authorized to 
make available not to exceed $20,000 and $15,000, respectively, from 
funds available for salaries and expenses under titles I and III, 
respectively, for official reception and representation expenses; the 
Director of the Federal Mediation and Conciliation Service is 
authorized to make available for official reception and representation 
expenses not to exceed $2,500 from the funds available for ``Salaries 
and expenses, Federal Mediation and Conciliation Service''; and the 
Chairman of the National Mediation Board is authorized to make 
available for official reception and representation expenses not to 
exceed $2,500 from funds available for ``Salaries and expenses, 
National Mediation Board''.
    Sec. 505. Notwithstanding any other provision of this Act, no funds 
appropriated under this Act shall be used to carry out any program of 
distributing sterile needles or syringes for the hypodermic injection 
of any illegal drug unless the Secretary of Health and Human Services 
determines that such programs are effective in preventing the spread of 
HIV and do not encourage the use of illegal drugs.
    Sec. 506. (a) Purchase of American-Made Equipment and Products.--It 
is the sense of the Congress that, to the greatest extent practicable, 
all equipment and products purchased with funds made available in this 
Act should be American-made.
    (b) Notice Requirement.--In providing financial assistance to, or 
entering into any contract with, any entity using funds made available 
in this Act, the head of each Federal agency, to the greatest extent 
practicable, shall provide to such entity a notice describing the 
statement made in subsection (a) by the Congress.
    (c) Prohibition of Contracts With Persons Falsely Labeling Products 
as Made in America.--If it has been finally determined by a court or 
Federal agency that any person intentionally affixed a label bearing a 
``Made in America'' inscription, or any inscription with the same 
meaning, to any product sold in or shipped to the United States that is 
not made in the United States, the person shall be ineligible to 
receive any contract or subcontract made with funds made available in 
this Act, pursuant to the debarment, suspension, and ineligibility 
procedures described in sections 9.400 through 9.409 of title 48, Code 
of Federal Regulations.
    Sec. 507. When issuing statements, press releases, requests for 
proposals, bid solicitations and other documents describing projects or 
programs funded in whole or in part with Federal money, all grantees 
receiving Federal funds included in this Act, including but not limited 
to State and local governments and recipients of Federal research 
grants, shall clearly state: (1) the percentage of the total costs of 
the program or project which will be financed with Federal money; (2) 
the dollar amount of Federal funds for the project or program; and (3) 
percentage and dollar amount of the total costs of the project or 
program that will be financed by non-governmental sources.
    Sec. 508. (a) None of the funds appropriated under this Act, and 
none of the funds in any trust fund to which funds are appropriated 
under this Act, shall be expended for any abortion.
    (b) None of the funds appropriated under this Act, and none of the 
funds in any trust fund to which funds are appropriated under this Act, 
shall be expended for health benefits coverage that includes coverage 
of abortion.
    (c) The term ``health benefits coverage'' means the package of 
services covered by a managed care provider or organization pursuant to 
a contract or other arrangement.
    Sec. 509. (a) The limitations established in the preceding section 
shall not apply to an abortion--
            (1) if the pregnancy is the result of an act of rape or 
        incest; or
            (2) in the case where a woman suffers from a physical 
        disorder, physical injury, or physical illness, including a 
        life-endangering physical condition caused by or arising from 
        the pregnancy itself, that would, as certified by a physician, 
        place the woman in danger of death unless an abortion is 
        performed.
    (b) Nothing in the preceding section shall be construed as 
prohibiting the expenditure by a State, locality, entity, or private 
person of State, local, or private funds (other than a State's or 
locality's contribution of Medicaid matching funds).
    (c) Nothing in the preceding section shall be construed as 
restricting the ability of any managed care provider from offering 
abortion coverage or the ability of a State or locality to contract 
separately with such a provider for such coverage with State funds 
(other than a State's or locality's contribution of Medicaid matching 
funds).
    Sec. 510. (a) None of the funds made available in this Act may be 
used for--
            (1) the creation of a human embryo or embryos for research 
        purposes; or
            (2) research in which a human embryo or embryos are 
        destroyed, discarded, or knowingly subjected to risk of injury 
        or death greater than that allowed for research on fetuses in 
        utero under 45 CFR 46.208(a)(2) and section 498(b) of the 
        Public Health Service Act (42 U.S.C. 289g(b)).
    (b) For purposes of this section, the term ``human embryo or 
embryos'' includes any organism, not protected as a human subject under 
45 CFR 46 as of the date of the enactment of this Act, that is derived 
by fertilization, parthenogenesis, cloning, or any other means from one 
or more human gametes or human diploid cells.
    Sec. 511. (a) Limitation on Use of Funds for Promotion of 
Legalization of Controlled Substances.--None of the funds made 
available in this Act may be used for any activity that promotes the 
legalization of any drug or other substance included in schedule I of 
the schedules of controlled substances established by section 202 of 
the Controlled Substances Act (21 U.S.C. 812).
    (b) Exceptions.--The limitation in subsection (a) shall not apply 
when there is significant medical evidence of a therapeutic advantage 
to the use of such drug or other substance or that federally sponsored 
clinical trials are being conducted to determine therapeutic advantage.
    Sec. 512. None of the funds made available in this Act may be 
obligated or expended to enter into or renew a contract with an entity 
if--
            (1) such entity is otherwise a contractor with the United 
        States and is subject to the requirement in section 4212(d) of 
        title 38, United States Code, regarding submission of an annual 
        report to the Secretary of Labor concerning employment of 
        certain veterans; and
            (2) such entity has not submitted a report as required by 
        that section for the most recent year for which such 
        requirement was applicable to such entity.
    Sec. 513. Except as otherwise specifically provided by law, 
unobligated balances remaining available at the end of fiscal year 2000 
from appropriations made available for salaries and expenses for fiscal 
year 2000 in this Act, shall remain available through December 31, 
2001, for each such account for the purposes authorized: Provided, That 
the House and Senate Committees on Appropriations shall be notified at 
least 15 days prior to the obligation of such funds.
    Sec. 514. None of the funds made available in this Act may be used 
to promulgate or adopt any final standard under section 1173(b) of the 
Social Security Act (42 U.S.C. 1320d-2(b)) providing for, or providing 
for the assignment of, a unique health identifier for an individual 
(except in an individual's capacity as an employer or a health care 
provider), until legislation is enacted specifically approving the 
standard.
    Sec. 515. Restoring Benefit Payments to Appropriate Year. Section 
5527 of Public Law 105-33 is repealed.
    Sec. 516. Section 410(b) of The Ticket to Work and Work Incentives 
Improvement Act of 1999 (Public Law 106-170) is amended by striking 
``2009'' both places it appears and inserting ``2001''.
    This Act may be cited as the ``Departments of Labor, Health and 
Human Services, and Education, and Related 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 year 
           ending September 30, 2001, and for other purposes.

_______________________________________________________________________

                              May 12, 2000

                 Read twice and placed on the calendar
```