IB
106TH CONGRESS
2D SESSION
H. R. 4577
IN THE HOUSE OF REPRESENTATIVES
JUNE 30, 2000
Ordered to be printed with the amendments of the Senate numbered
AN ACT
Making appropriations for the Departments of Labor, Health
and Human Services, and Education, and related agen-
cies for the fiscal year ending September 30, 2001, and
for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
(1)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:
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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 build-
ings and other facilities, and the purchase of real property
for training centers as authorized by the Workforce In-
vestment Act; the Women in Apprenticeship and Non-
traditional Occupations Act; and the National Skill Stand-
ards Act of 1994, $2,552,495,000 plus reimbursements,
of which $1,340,155,000 is available for obligation for the
period July 1, 2001 through June 30, 2002; of which
$1,175,965,000 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 $175,000,000 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 ac-
quisition of Job Corps centers: Provided, That $9,098,000
shall be for carrying out section 172 of the Workforce In-
vestment Act, and $3,500,000 shall be for carrying out
the National Skills Standards Act of 1994: Provided fur-
ther, That no funds from any other appropriation shall
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be used to provide meal services at or for Job Corps cen-
ters.
For necessary expenses of the Workforce Investment
Act, including the purchase and hire of passenger motor
vehicles, the construction, alteration, and repair of build-
ings and other facilities, and the purchase of real property
for training centers as authorized by the Workforce In-
vestment 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 con-
tracts 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 au-
thorized, $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.
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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 reloca-
tion, 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 sub-
sequent to September 15 of the current year.
STATE UNEMPLOYMENT INSURANCE AND EMPLOYMENT
SERVICE OPERATIONS
For
authorized
administrative
expenses,
$43,452,000, together with not to exceed $3,054,338,000
(including not to exceed $1,228,000 which may be used
for amortization payments to States which had inde-
pendent retirement plans in their State employment serv-
ice agencies prior to 1980), which may be expended from
the Employment Security Administration account in the
Unemployment Trust Fund including the cost of admin-
istering 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 Immi-
gration 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
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Security Act, as amended (42 U.S.C. 502–504), and the
sums available in the allocation for necessary administra-
tive 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 acquisi-
tions shall be available for obligation by the States
through September 30, 2003; and of which $43,452,000,
together with not to exceed $738,283,000 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 In-
sured Unemployment (AWIU) for fiscal year 2001 is pro-
jected 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
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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, not-
withstanding 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 Sep-
tember 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.
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PROGRAM ADMINISTRATION
For expenses of administering employment and train-
ing programs, $100,944,000, including $6,431,000 to sup-
port 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, to-
gether with not to exceed $45,056,000, which may be ex-
pended from the Employment Security Administration ac-
count in the Unemployment Trust Fund.
PENSION AND WELFARE BENEFITS ADMINISTRATION
SALARIES AND EXPENSES
For necessary expenses for the Pension and Welfare
Benefits Administration, $98,934,000.
PENSION BENEFIT GUARANTY CORPORATION
PENSION BENEFIT GUARANTY CORPORATION FUND
The Pension Benefit Guaranty Corporation is author-
ized to make such expenditures, including financial assist-
ance 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 Govern-
ment 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: Pro-
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vided, That not to exceed $11,148,000 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 consid-
ered as non-administrative expenses for the purposes here-
of, and excluded from the above limitation.
EMPLOYMENT STANDARDS ADMINISTRATION
SALARIES AND EXPENSES
For necessary expenses for the Employment Stand-
ards Administration, including reimbursement to State,
Federal, and local agencies and their employees for inspec-
tion
services
rendered,
$337,030,000,
together
with
$1,740,000 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: Pro-
vided, That $2,000,000 shall be for the development of
an alternative system for the electronic submission of re-
ports as 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 sub-
mission 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, re-
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tain, and spend, until expended, in the name of the De-
partment 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 fur-
ther, That the Secretary of Labor is authorized to estab-
lish 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 ex-
penses (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 ben-
efits as provided for under the heading ‘‘Civilian War Ben-
efits’’ in the Federal Security Agency Appropriation Act,
1947; the Employees’ Compensation Commission Appro-
priation Act, 1944; sections 4(c) and 5(f) of the War
Claims Act of 1948 (50 U.S.C. App. 2012); and 50 per-
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cent 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 subse-
quent 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 re-
imbursements unobligated on September 30, 2000, shall
remain available until expended for the payment of com-
pensation, 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 ad-
ministration, $30,510,000 shall be made available to the
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Secretary as follows: (1) for the operation of and enhance-
ment to the automated data processing systems, including
document imaging, medical bill review, and periodic roll
management, in support of Federal Employees’ Com-
pensation Act administration, $19,971,000; (2) for con-
version to a paperless office, $7,005,000; (3) for commu-
nications redesign, $750,000; (4) for information tech-
nology maintenance and support, $2,784,000; and (5) the
remaining funds shall be paid into the Treasury as mis-
cellaneous 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 (in-
cluding Social Security account number) as such regula-
tions may prescribe.
BLACK LUNG DISABILITY TRUST FUND
(INCLUDING TRANSFER OF FUNDS)
For payments from the Black Lung Disability Trust
Fund, $1,028,000,000, of which $975,343,000 shall be
available until September 30, 2002, for payment of all
benefits as 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, and of which $30,393,000 shall
be available for transfer to Employment Standards Ad-
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ministration, Salaries and Expenses, $21,590,000 for
transfer to Departmental Management, Salaries and Ex-
penses, $318,000 for transfer to Departmental Manage-
ment, Office of Inspector General, and $356,000 for pay-
ment into miscellaneous receipts for the expenses of the
Department of Treasury, for expenses of operation and
administration of the Black Lung Benefits program as au-
thorized by section 9501(d)(5) of that Act: Provided,
That, in addition, such amounts as may be necessary may
be charged to the subsequent year appropriation for the
payment of compensation, interest, or other benefits for
any period subsequent to August 15 of the current year.
OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION
SALARIES AND EXPENSES
For necessary expenses for the Occupational Safety
and Health Administration, $381,620,000, including not
to exceed $83,771,000 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 occu-
pational safety and health programs required to be in-
curred under plans approved by the Secretary under sec-
tion 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
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retain up to $750,000 per fiscal year of training institute
course tuition fees, otherwise authorized by law to be col-
lected, 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 uti-
lize such sums, in accordance with the provisions of 29
U.S.C. 9a, to administer national and international lab-
oratory 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 employ-
ees: Provided further, That no funds appropriated under
this paragraph shall be obligated or expended to admin-
ister 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
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injury lost workday case rate, at the most precise Stand-
ard 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, con-
sultation, technical assistance, educational and train-
ing services, and to conduct surveys and studies;
(2) to conduct an inspection or investigation in
response to an employee complaint, to issue a cita-
tion for violations found during such inspection, and
to assess a penalty for violations which are not cor-
rected 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 re-
sults in hospitalization of two or more employees,
and to take any action pursuant to such investiga-
tion authorized by such Act; and
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(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 em-
ploys 10 or fewer employees.
MINE SAFETY AND HEALTH ADMINISTRATION
SALARIES AND EXPENSES
For necessary expenses for the Mine Safety and
Health Administration, $233,000,000, including purchase
and bestowal of certificates and trophies in connection
with mine rescue and first-aid work, and the hire of pas-
senger motor vehicles; and, 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 edu-
cation and training activities, notwithstanding 31 U.S.C.
3302; the Secretary is authorized to accept lands, build-
ings, 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 pro-
mote health and safety education and training in the min-
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ing 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 sur-
vival operations in the event of a major disaster.
BUREAU OF LABOR STATISTICS
SALARIES AND EXPENSES
For necessary expenses for the Bureau of Labor Sta-
tistics, including advances or reimbursements to State,
Federal, and local agencies and their employees for serv-
ices rendered, $372,743,000, together with not to exceed
$67,257,000, which may be expended from the Employ-
ment Security Administration account in the Unemploy-
ment Trust Fund.
DEPARTMENTAL MANAGEMENT
SALARIES AND EXPENSES
For necessary expenses for Departmental Manage-
ment, including the hire of three sedans, and including
up to $7,241,000 for the President’s Committee on Em-
ployment of People With Disabilities, and including the
management or operation of Departmental bilateral and
multilateral foreign technical assistance, $244,579,000;
together with not to exceed $310,000, which may be ex-
pended from the Employment Security Administration ac-
count in the Unemployment Trust Fund: Provided, That
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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 Bene-
fits 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 Ship-
building, 115 S. Ct. 1278 (1995), notwithstanding any
provisions to the contrary contained in rule 15 of the Fed-
eral 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 pro-
visions shall not be applicable to the review or appeal of
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any decision issued under the Black Lung Benefits Act
(30 U.S.C. 901 et seq.).
ASSISTANT SECRETARY FOR VETERANS EMPLOYMENT
AND TRAINING
Not to exceed $184,341,000 may be derived from the
Employment Security Administration account in the Un-
employment 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 obli-
gation 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, $16,936,000, 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, $48,095,000, together
with not to exceed $3,830,000, 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
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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 discre-
tionary 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 be-
tween 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 ad-
vance of any transfer.
SEC. 103. None of the funds made available in this
Act may be used by the Occupational Safety and Health
Administration to promulgate, issue, implement, admin-
ister, or enforce any proposed, temporary, or final stand-
ard on ergonomic protection.
This title may be cited as the ‘‘Department of Labor
Appropriations Act, 2001’’.
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
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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 amend-
ed, and the Native Hawaiian Health Care Act of 1988,
as amended, $4,684,232,000, 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/adminis-
trative and occupational health professionals: Provided
further, That of the funds made available under this head-
ing, $250,000 shall be available until expended for facili-
ties renovations at the Gillis W. Long Hansen’s Disease
Center: Provided further, That in addition to fees author-
ized by section 427(b) of the Health Care Quality Im-
provement Act of 1986, fees shall be collected for the full
disclosure of information under the Act sufficient to re-
cover the full costs of operating the National Practitioner
Data Bank, and shall remain available until expended to
carry out that Act: Provided further, That for the collec-
tion of fees authorized by section 1128E(d)(2) of the
Health Insurance Portability and Accountability Act of
1996 for the full disclosure of information under the Act
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sufficient to recover the full costs of operating the
Healthcare Integrity and Protection Data Bank, and shall
remain available until expended to carry out that Act: Pro-
vided further, That no more than $5,000,000 is available
for carrying out the provisions of Public Law 104–73: Pro-
vided further, That of the funds made available under this
heading, $238,932,000 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 coun-
seling 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 pro-
mote public support or opposition to any legislative pro-
posal or candidate for public office: Provided further, That
$554,000,000 shall be for State AIDS Drug Assistance
Programs authorized by section 2616 of the Public Health
Service Act: Provided further, That, notwithstanding sec-
tion 502(a)(1) of the Social Security Act, not to exceed
$109,148,000 is available for carrying out special projects
of regional and national significance pursuant to section
501(a)(2) of such Act.
For special projects of regional and national signifi-
cance under section 501(a)(2) of the Social Security Act,
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$30,000,000, which shall become available on October 1,
2001, and shall remain available until September 30,
2002: Provided, That such amount shall not be counted
toward compliance with the allocation required in section
502(a)(1) of such Act: Provided further, That such
amount shall be used only for making competitive grants
to provide abstinence education (as defined in section
510(b)(2) of such Act) to adolescents and for evaluations
(including longitudinal evaluations) of activities under the
grants and for Federal costs of administering the grants:
Provided further, That grants shall be made only to public
and private entities which agree that, with respect to an
adolescent to whom the entities provide abstinence edu-
cation under such grant, the entities will not provide to
that adolescent any other education regarding sexual con-
duct, except that, in the case of an entity expressly re-
quired by law to provide health information or services the
adolescent shall not be precluded from seeking health in-
formation or services from the entity in a different setting
than the setting in which the abstinence education was
provided: Provided further, That the funds expended for
such evaluations may not exceed 3.5 percent of such
amount.
HEALTH EDUCATION ASSISTANCE LOANS PROGRAM
Such sums as may be necessary to carry out the pur-
pose of the program, as authorized by title VII of the Pub-
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lic Health Service Act, as amended. For administrative ex-
penses to carry out the guaranteed loan program, includ-
ing 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 sec-
tion 501 of the Refugee Education Assistance Act of 1980;
including insurance of official motor vehicles in foreign
countries; and hire, maintenance, and operation of air-
craft, $3,290,369,000, of which $145,000,000 shall re-
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main available until expended for equipment and construc-
tion 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 addi-
tion to amounts provided herein, up to $71,690,000 shall
be available from amounts available under section 241 of
the Public Health Service Act, to carry out the National
Center for Health Statistics surveys: Provided further,
That none of the funds made available for injury preven-
tion and control at the Centers for Disease Control and
Prevention may be used to advocate or promote gun con-
trol: 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 ac-
tivities the Director may so designate: Provided further,
That the Congress is to be notified promptly of any such
transfer: Provided further, That notwithstanding any other
provision of law, a single contract or related contracts for
the development and construction of laboratory building
18 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: Provided further,
That not to exceed $10,000,000 may be available for mak-
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ing grants under section 1509 of the Public Health Service
Act to not more than 10 States.
NATIONAL INSTITUTES OF HEALTH
NATIONAL CANCER INSTITUTE
For carrying out section 301 and title IV of the Pub-
lic
Health
Service
Act
with
respect
to
cancer,
$3,793,587,000.
NATIONAL HEART, LUNG, AND BLOOD INSTITUTE
For carrying out section 301 and title IV of the Pub-
lic Health Service Act with respect to cardiovascular, lung,
and
blood
diseases,
and
blood
and
blood
products,
$2,321,320,000.
NATIONAL INSTITUTE OF DENTAL AND CRANIOFACIAL
RESEARCH
For carrying out section 301 and title IV of the Pub-
lic Health Service Act with respect to dental disease,
$309,007,000.
NATIONAL INSTITUTE OF DIABETES AND DIGESTIVE AND
KIDNEY DISEASES
For carrying out section 301 and title IV of the Pub-
lic Health Service Act with respect to diabetes and diges-
tive and kidney disease, $1,315,530,000.
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NATIONAL INSTITUTE OF NEUROLOGICAL DISORDERS
AND STROKE
For carrying out section 301 and title IV of the Pub-
lic Health Service Act with respect to neurological dis-
orders and stroke, $1,185,767,000.
NATIONAL INSTITUTE OF ALLERGY AND INFECTIOUS
DISEASES
For carrying out section 301 and title IV of the Pub-
lic Health Service Act with respect to allergy and infec-
tious diseases, $2,062,126,000.
NATIONAL INSTITUTE OF GENERAL MEDICAL SCIENCES
For carrying out section 301 and title IV of the Pub-
lic Health Service Act with respect to general medical
sciences, $1,548,313,000.
NATIONAL INSTITUTE OF CHILD HEALTH AND HUMAN
DEVELOPMENT
For carrying out section 301 and title IV of the Pub-
lic Health Service Act with respect to child health and
human development, $984,300,000.
NATIONAL EYE INSTITUTE
For carrying out section 301 and title IV of the Pub-
lic Health Service Act with respect to eye diseases and
visual disorders, $514,673,000.
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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 environ-
mental health sciences, $506,730,000.
NATIONAL INSTITUTE ON AGING
For carrying out section 301 and title IV of the Pub-
lic
Health
Service
Act
with
respect
to
aging,
$790,299,000.
NATIONAL INSTITUTE OF ARTHRITIS AND
MUSCULOSKELETAL AND SKIN DISEASES
For carrying out section 301 and title IV of the Pub-
lic Health Service Act with respect to arthritis and mus-
culoskeletal and skin diseases, $400,025,000.
NATIONAL INSTITUTE ON DEAFNESS AND OTHER
COMMUNICATION DISORDERS
For carrying out section 301 and title IV of the Pub-
lic Health Service Act with respect to deafness and other
communication disorders, $301,787,000.
NATIONAL INSTITUTE OF NURSING RESEARCH
For carrying out section 301 and title IV of the Pub-
lic Health Service Act with respect to nursing research,
$102,312,000.
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NATIONAL INSTITUTE ON ALCOHOL ABUSE AND
ALCOHOLISM
For carrying out section 301 and title IV of the Pub-
lic Health Service Act with respect to alcohol abuse and
alcoholism, $349,216,000.
NATIONAL INSTITUTE ON DRUG ABUSE
For carrying out section 301 and title IV of the Pub-
lic Health Service Act with respect to drug abuse,
$788,201,000.
NATIONAL INSTITUTE OF MENTAL HEALTH
For carrying out section 301 and title IV of the Pub-
lic Health Service Act with respect to mental health,
$1,114,638,000.
NATIONAL HUMAN GENOME RESEARCH INSTITUTE
For carrying out section 301 and title IV of the Pub-
lic Health Service Act with respect to human genome re-
search, $386,410,000.
NATIONAL CENTER FOR RESEARCH RESOURCES
For carrying out section 301 and title IV of the Pub-
lic Health Service Act with respect to research resources
and general research support grants, $832,027,000: Pro-
vided, That none of these funds shall be used to pay recipi-
ents 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.
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JOHN E. FOGARTY INTERNATIONAL CENTER
For carrying out the activities at the John E.
Fogarty International Center, $50,299,000.
NATIONAL LIBRARY OF MEDICINE
For carrying out section 301 and title IV of the Pub-
lic Health Service Act with respect to health information
communications, $256,281,000, of which $4,000,000 shall
be available until expended for improvement of informa-
tion systems: Provided, That in fiscal year 2001, the Li-
brary may enter into personal services contracts for the
provision of services in facilities owned, operated, or con-
structed under the jurisdiction of the National Institutes
of Health.
NATIONAL CENTER FOR COMPLEMENTARY AND
ALTERNATIVE MEDICINE
For carrying out section 301 and title IV of the Pub-
lic Health Service Act with respect to complementary and
alternative medicine, $78,880,000.
OFFICE OF THE DIRECTOR
(INCLUDING TRANSFER OF FUNDS)
For carrying out the responsibilities of the Office of
the Director, National Institutes of Health, $342,307,000,
of which $48,271,000 shall be for the Office of AIDS Re-
search: 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
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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 Insti-
tutes of Health is authorized to collect third party pay-
ments 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 Insti-
tutes of Health Management Fund: Provided further, That
all funds credited to the National Institutes of Health
Management Fund shall remain available for 1 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 Insti-
tutes of Health, including the acquisition of real property,
$178,700,000, to remain available until expended, of
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which $47,300,000 shall be for the National Neuroscience
Research Center: Provided, That notwithstanding any
other provision of law, a single contract or related con-
tracts 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 con-
tract 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, $2,727,626,000.
AGENCY FOR HEALTHCARE RESEARCH AND QUALITY
HEALTHCARE RESEARCH AND QUALITY
For carrying out titles III and IX of the Public
Health Service Act, and part A of title XI of the Social
Security Act, $123,669,000; in addition, amounts received
from Freedom of Information Act fees, reimbursable and
interagency agreements, and the sale of data shall be cred-
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ited to this appropriation and shall remain available until
expended: Provided, That the amount made available pur-
suant to section 926(b) of the Public Health Service Act
shall not exceed $99,980,000.
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, in-
curred for the current fiscal year, such sums as may be
necessary.
For making payments to States or in the case of sec-
tion 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 quar-
ter 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
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Social Security Act, sections 103(c) and 111(d) of the So-
cial Security Amendments of 1965, section 278(d) of Pub-
lic 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 $1,866,302,000, to be transferred
from the Federal Hospital Insurance and the Federal Sup-
plementary 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 col-
lected 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 avail-
able until expended: Provided, That all funds derived in
accordance with 31 U.S.C. 9701 from organizations estab-
lished under title XIII of the Public Health Service Act
shall be credited to and available for carrying out the pur-
poses
of
this
appropriation:
Provided
further,
That
$18,000,000 appropriated under this heading for the man-
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aged care system redesign shall remain available until ex-
pended: 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, for the
current fiscal year, not more that $630,000,000 may be
made available under section 1817(k)(4) of the Social Se-
curity Act (42 U.S.C. 1395i(k)(4)) from the Health Care
Fraud and Abuse Control Account of the Federal Hospital
Insurance Trust Fund to carry out the Medicare Integrity
Program under section 1893 of such Act.
HEALTH MAINTENANCE ORGANIZATION LOAN AND LOAN
GUARANTEE FUND
For carrying out subsections (d) and (e) of section
1308 of the Public Health Service Act, any amounts re-
ceived by the Secretary in connection with loans and loan
guarantees under title XIII of the Public Health Service
Act, to be available without fiscal year limitation for the
payment of outstanding obligations. During fiscal year
2001, no commitments for direct loans or loan guarantees
shall be made.
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ADMINISTRATION FOR CHILDREN AND FAMILIES
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), $2,473,800,000, to remain available until
expended; and for such purposes for the first quarter of
fiscal year 2002, $1,000,000,000.
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 ef-
fective 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 ap-
propriation and under such title IV–A as amended by the
Personal Responsibility and Work Opportunity Reconcili-
ation 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
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the last 3 months of the current year for unanticipated
costs, incurred for the current fiscal year, such sums as
may be necessary.
LOW INCOME HOME ENERGY ASSISTANCE
For making payments under title XXVI of the Omni-
bus Budget Reconciliation Act of 1981, $1,100,000,000,
to be available for obligation in the period October 1, 2001
through September 30, 2002.
For making payments under title XXVI of such Act,
$300,000,000: Provided, That these funds are hereby des-
ignated by Congress to be emergency requirements pursu-
ant 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 sub-
mission to 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
the Balanced Budget and Emergency Deficit Control Act
of 1985.
REFUGEE AND ENTRANT ASSISTANCE
For making payments for refugee and entrant assist-
ance activities authorized by title IV of the Immigration
and Nationality Act and section 501 of the Refugee Edu-
cation Assistance Act of 1980 (Public Law 96–422),
$423,109,000: Provided, That funds appropriated pursu-
ant to section 414(a) of the Immigration and Nationality
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Act for fiscal year 2001 shall be available for the costs
of assistance provided and other activities through Sep-
tember 30, 2003.
For carrying out section 5 of the Torture Victims Re-
lief Act of 1998 (Public Law 105–320), $10,000,000.
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 addi-
tion to amounts already appropriated for fiscal year 2001,
$400,000,000; and to become available on October 1,
2001 and remain available through September 30, 2002,
$2,000,000,000: Provided, That of the funds appropriated
for each of fiscal years 2001 and 2002, $19,120,000 shall
be available for child care resource and referral and
school-aged child care activities: Provided further, That of
the funds provided for fiscal year 2002, $172,672,000
shall be reserved by the States for activities authorized
under section 658G of the Omnibus Budget Reconciliation
Act of 1981 (The Child Care and Development Block
Grant Act of 1990), such funds to be in addition to the
amounts required to be reserved by the States under sec-
tion 658G.
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SOCIAL SERVICES BLOCK GRANT
For making grants to States pursuant to section
2002 of the Social Security Act, $1,700,000,000: Pro-
vided, That notwithstanding section 2003(c) of such Act,
as amended, the amount specified for allocation under
such section for fiscal year 2001 shall be $1,700,000,000.
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, and sections 40155, 40211, and
40241 of Public law 103–322; 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, sec-
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tion 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 Pub-
lic Law 103–322 and section 126 and titles IV and V of
Public
Law
100–485,
$7,231,253,000,
of
which
$43,000,000, 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
$595,376,000 shall be for making payments under the
Community Services Block Grant Act; and of which
$5,667,000,000 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 Com-
munity 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.
Funds appropriated for fiscal year 2001 under sec-
tion 429A(e), part B of title IV of the Social Security Act
shall be reduced by $6,000,000.
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Funds appropriated for fiscal year 2001 under sec-
tion 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,
$4,863,100,000.
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 pro-
vided, the Older Americans Act of 1965, as amended, and
section
398
of
the
Public
Health
Service
Act,
$925,805,000: Provided, That notwithstanding section
308(b)(1) of the Older Americans Act of 1965, as amend-
ed, the amounts available to each State for administration
of the State plan under title III of such Act shall be re-
duced 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 applica-
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tions 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 commu-
nities 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-Mex-
ico Border Health Commission Act, $206,780,000, to-
gether 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 Sup-
plemental Medical Insurance Trust Fund.
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, $31,394,000: Provided,
That,
for
the
current
fiscal
year,
not
more
than
$120,000,000 may be made available under section
1817(k)(3)(A) of the Social Security Act (42 U.S.C.
1395i(k)(3)(A)) from the Health Care Fraud and Abuse
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Control Account of the Federal Hospital Insurance Trust
Fund for purposes of the activities of the Office of Inspec-
tor General with respect to the Medicare and Medicaid
programs.
OFFICE FOR CIVIL RIGHTS
For expenses necessary for the Office for Civil
Rights,
$18,774,000,
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 pro-
vided, 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 De-
pendents’ Medical Care Act (10 U.S.C. ch. 55), and for
payments pursuant to section 229(b) of the Social Secu-
rity Act (42 U.S.C. 429(b)), such amounts as may be re-
quired during the current fiscal year.
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PUBLIC HEALTH AND SOCIAL SERVICES EMERGENCY
FUND
For expenses necessary to support activities related
to countering potential biological, disease and chemical
threats to civilian populations, $236,600,000: Provided,
That this amount is distributed as follows: Centers for
Disease Control and Prevention, $182,000,000, of which
$30,000,000 shall be for the Health Alert Network; and
Office of Emergency Preparedness, $54,600,000. In addi-
tion, $114,040,000 shall be available to the Centers for
Disease Control and Prevention for the following activi-
ties: $61,000,000 for international HIV/AIDS programs,
$25,000,000
for
global
polio
eradication
activities,
$18,040,000 for continued study of the anthrax vaccine;
and $10,000,000 for activities related to the West Nile-
like virus. In addition, $100,000,000 shall be available to
support the Ricky Ray Hemophilia Relief Fund Act of
1988: Provided further, That, notwithstanding any other
provision of law, up to $8,000,000 of the amount provided
for the Ricky Ray Hemophilia Relief Fund Act may be
available for administrative expenses of the Health Re-
sources
and
Services
Administration.
In
addition,
$50,000,000 shall be available to the Office of the Sec-
retary for minority AIDS prevention and treatment activi-
ties: Provided further, That no funds shall be obligated
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until the Department of Health and Human Services sub-
mits an operating plan to the House and Senate Commit-
tees on Appropriations.
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 Pub-
lic Health Service Act or section 1503 of the National In-
stitutes 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
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or other extramural mechanism, at a rate in excess of Ex-
ecutive Level I.
SEC. 205. None of the funds appropriated in this Act
may be expended pursuant to section 241 of the Public
Health Service Act, except for funds specifically provided
for in this Act, or for other taps and assessments made
by any office located in the Department of Health and
Human Services, prior to the Secretary’s preparation and
submission of a report to the Committee on Appropria-
tions of the Senate and of the House detailing the planned
uses of such funds.
(TRANSFER OF FUNDS)
SEC. 206. Not to exceed 1 percent of any discre-
tionary 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: Provided further,
That this section shall not apply to funds appropriated
under the heading ‘‘Centers for Disease Control and Pre-
vention-Disease Control, Research, and Training’’, funds
made available to the Centers for Disease Control and
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Prevention under the heading ‘‘Public Health and Social
Services Emergency Fund’’, or any other funds made
available in this Act to the Centers for Disease Control
and Prevention.
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 re-
search related to the human immunodeficiency virus, as
jointly determined by the Director of the National Insti-
tutes 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 nec-
essary 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
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participation in the decision of minors to seek family plan-
ning 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 oth-
erwise eligible entity (including a Provider Sponsored Or-
ganization) 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 capita-
tion payment to such an entity (based on an actuarially
sound estimate of the expected costs of providing the serv-
ice to such entity’s enrollees): Provided further, That noth-
ing in this section shall be construed to change the Medi-
care
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. With respect to fiscal year 2001, the
amount of an allotment of a State under section 1921 of
the Public Health Services Act shall not be less than the
amount the State received under such section for fiscal
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year 2000 increased by 33.33 percent of the percentage
by which the amount allotted to the States for fiscal year
2001 exceeds the amount allotted to the States 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. None of the funds in this Act or any other
Act may be used to obligate funds for the National Insti-
tutes of Health in excess of the total amount identified
for this purpose for fiscal year 2001 in the President’s
budget request (H. Doc. 106–162): Provided, That none
of the funds made available for each Institute, Center, Of-
fice, or Buildings and Facilities shall be reduced below the
amounts shown in the budget request column of the table
printed in the report accompanying the bill making appro-
priations for the Departments of Labor, Health and
Human Services, Education, and Related Agencies for fis-
cal year 2001.
This title may be cited as the ‘‘Department of Health
and Human Services Appropriations Act, 2001’’.
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TITLE III—DEPARTMENT OF EDUCATION
EDUCATION REFORM
For carrying out activities authorized by sections
3122, 3132, 3136, and 3141, parts B and C of title III,
and part I of title X of the Elementary and Secondary
Education
Act
of
1965,
$1,505,000,000,
of
which
$119,500,000 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 deter-
mined by the Secretary in accordance with the purposes
of the program: Provided further, That if any State edu-
cational 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.
EDUCATION FOR THE DISADVANTAGED
For carrying out title I of the Elementary and Sec-
ondary Education Act of 1965, and section 418A of the
Higher Education Act of 1965, $8,816,986,000, of which
$2,569,823,000 shall become available on July 1, 2001,
and shall remain available through September 30, 2002,
and of which $6,204,763,000 shall become available on
October 1, 2001 and shall remain available through Sep-
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tember 30, 2002, for academic year 2001–2002: Provided,
That $6,783,000,000 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 Sec-
retary on October 1, 2000, to obtain updated local-edu-
cational-agency-level census poverty data from the Bureau
of the Census: Provided further, That $1,158,397,000
shall be available for concentration grants under section
1124A: Provided further, That $8,900,000 shall be avail-
able for evaluations under section 1501 and not more than
$8,500,000 shall be reserved for section 1308, of which
not more than $3,000,000 shall be reserved for section
1308(d): Provided further, That $190,000,000 shall be
available under section 1002(g)(2) to demonstrate effec-
tive approaches to comprehensive school reform to be allo-
cated and expended in accordance with the instructions
relating to this activity in the statement of the managers
on the conference report accompanying Public Law 105–
78 and in the statement of the managers on the conference
report accompanying Public Law 105–277: Provided fur-
ther, That in carrying out this initiative, the Secretary and
the States shall support only approaches that show the
most promise of enabling children served by title I to meet
challenging State content standards and challenging State
student performance standards based on reliable research
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and effective practices, and include an emphasis on basic
academics and parental involvement.
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,
$985,000,000, of which $780,000,000 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,
$40,000,000 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 au-
thorized by titles 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 Assist-
ance Act; the Civil Rights Act of 1964; and part B of
title
VIII
of
the
Higher
Education
Act
of
1965,
$3,165,334,000, of which $1,073,500,000 shall become
available on July 1, 2001, and remain available through
September 30, 2002, and of which $1,515,000,000 shall
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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,
$1,750,000,000 shall be for the Teacher Empowerment
Act, if such legislation is enacted.
READING EXCELLENCE
For necessary expenses to carry out the Reading Ex-
cellence Act, $65,000,000, which shall become available on
July 1, 2001 and shall remain available through Sep-
tember 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,
$107,765,000.
BILINGUAL AND IMMIGRANT EDUCATION
For carrying out, to the extent not otherwise pro-
vided, bilingual, foreign language and immigrant edu-
cation activities authorized by parts A and C and section
7203 of title VII of the Elementary and Secondary Edu-
cation Act of 1965, without regard to section 7103(b),
$406,000,000: Provided, That State educational agencies
may use all, or any part of, their part C allocation for
competitive grants to local educational agencies.
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SPECIAL EDUCATION
For carrying out the Individuals with Disabilities
Education Act, $6,550,161,000, of which $2,557,885,000
shall become available for obligation on July 1, 2001, and
shall remain available through September 30, 2002, and
of which $3,742,000,000 shall become available on Octo-
ber 1, 2001 and shall remain available through September
30, 2002, for academic year 2001–2002: Provided, That
$9,500,000 shall be for Recording for the Blind and
Dyslexic to support the development, production, and cir-
culation of recorded educational materials.
REHABILITATION SERVICES AND DISABILITY RESEARCH
For carrying out, to the extent not otherwise pro-
vided, the Rehabilitation Act of 1973, the Assistive Tech-
nology Act of 1998, and the Helen Keller National Center
Act, $2,776,803,000: Provided, That notwithstanding sec-
tion 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.
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.), $11,000,000.
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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.), $54,000,000, of which
$6,000,000 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.), $89,400,000: Provided, That from the total
amount available, the University may at its discretion use
funds for the endowment program as authorized under
section 207.
VOCATIONAL AND ADULT EDUCATION
For carrying out, to the extent not otherwise pro-
vided, the Carl D. Perkins Vocational and Technical Edu-
cation Act and the Adult Education and Family Literacy
Act, $1,718,600,000, of which $1,000,000 shall remain
available until expended, and of which $923,000,000 shall
become available on July 1, 2001 and shall remain avail-
able
through
September
30,
2002
and
of
which
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$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,
$4,600,000 shall be for tribally controlled vocational insti-
tutions under section 117: Provided further, That of the
amount provided for Adult Education State Grants,
$25,500,000
shall
be
made
available
for
integrated
English literacy and civics education services to immi-
grants and other limited English proficient populations:
Provided further, That of the amount reserved for inte-
grated English literacy and civics education, half shall be
allocated to the States with the largest absolute need for
such services and half shall be allocated to the States with
the largest recent growth in need for such services, based
on the best available data, notwithstanding section 211 of
the Adult Education and Family Literacy Act: 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.
STUDENT FINANCIAL ASSISTANCE
For carrying out subparts 1 and 3 of part A, part
C and part E of title IV of the Higher Education Act of
1965,
as
amended,
$10,198,000,000
(reduced
by
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$48,000,000), which shall remain available through Sep-
tember 30, 2002.
The maximum Pell Grant for which a student shall
be eligible during award year 2001–2002 shall be $3,500:
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 fis-
cal year 2000 appropriation for Pell Grant awards, are
insufficient to satisfy fully all such awards for which stu-
dents 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.
HIGHER EDUCATION
For carrying out, to the extent not otherwise pro-
vided, section 121 and titles II, III, IV, V, VI, VII, and
VIII of the Higher Education Act of 1965, as amended,
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and the Mutual Educational and Cultural Exchange Act
of 1961, $1,688,081,000, of which $10,000,000 for inter-
est subsidies authorized by section 121 of the Higher Edu-
cation Act of 1965, shall remain available until expended:
Provided, That $10,000,000, to remain available through
September 30, 2002, shall be available to fund fellowships
for academic year 2002–2003 under part A, subpart 1 of
title VII of said Act, under the terms and conditions of
part A, subpart 1: 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 Perform-
ance and Results Act of 1993.
HOWARD UNIVERSITY
For partial support of Howard University (20 U.S.C.
121 et seq.), $226,474,000, of which not less than
$3,600,000 shall be for a matching endowment grant pur-
suant 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.
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HISTORICALLY BLACK COLLEGE AND UNIVERSITY
CAPITAL FINANCING PROGRAM ACCOUNT
The total amount of bonds insured pursuant to sec-
tion 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 Histori-
cally Black College and University Capital Financing Pro-
gram entered into pursuant to title III, part D of the
Higher Education Act of 1965, as amended, $207,000.
EDUCATION RESEARCH, STATISTICS, AND IMPROVEMENT
For carrying out activities authorized by the Edu-
cational Research, Development, Dissemination, and Im-
provement 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 sections 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, $494,367,000: Provided, That $50,000,000 shall be
available to demonstrate effective approaches to com-
prehensive school reform, to be allocated and expended in
accordance with the instructions relating to this activity
in the statement of managers on the conference report ac-
companying Public Law 105–78 and in the statement of
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the managers on the conference report accompanying Pub-
lic Law 105–277: Provided further, That the funds made
available for comprehensive school reform shall become
available on July 1, 2001, and remain available through
September 30, 2002, and in carrying out this initiative,
the Secretary and the States shall support only ap-
proaches that show the most promise of enabling children
to meet challenging State content standards and chal-
lenging State student performance standards based on re-
liable research and effective practices, and include an em-
phasis on basic academics and parental involvement: Pro-
vided further, That $30,000,000 of the funds provided for
the national education research institutes shall be allo-
cated notwithstanding section 912(m)(1)(B–F) and sub-
paragraphs (B) and (C) of section 931(c)(2) of Public
Law 103–227: Provided further, That $45,000,000 shall
be available to support activities under section 10105 of
part A of title X of the Elementary and Secondary Edu-
cation Act of 1965, of which up to $2,250,000 may be
available for evaluation, technical assistance, and school
networking activities: Provided further, That funds made
available to local educational agencies under this section
shall be used only for activities related to establishing
smaller learning communities in high schools: Provided
further, That funds made available for section 10105 of
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part A of title X of the Elementary and Secondary Edu-
cation Act of 1965 shall become available on July 1, 2001,
and remain available through September 30, 2002.
DEPARTMENTAL MANAGEMENT
PROGRAM ADMINISTRATION
For carrying out, to the extent not otherwise pro-
vided, the Department of Education Organization Act, in-
cluding rental of conference rooms in the District of Co-
lumbia
and
hire
of
two
passenger
motor
vehicles,
$382,934,000.
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, $71,200,000.
OFFICE OF INSPECTOR GENERAL
For expenses necessary for the Office of Inspector
General, as authorized by section 212 of the Department
of Education Organization Act, $34,000,000.
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)
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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 trans-
portation 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 in-
cludes 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 clus-
tering. 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 vol-
untary prayer and meditation in the public schools.
SEC. 304. (a) INTERNET FILTERING.—No funds
made available under title III of the Elementary and Sec-
ondary Education Act of 1965 to a local educational agen-
cy or elementary or secondary school may be used to pur-
chase computers used to access the Internet, or to pay
for direct costs associated with accessing the Internet, un-
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less such agency or school has in place, on computers that
are accessible to minors, and during use by such minors,
technology which filters or blocks—
(1) material that is obscene;
(2) child pornography; and
(3) material harmful to minors.
(b) DISABLING DURING ADULT USE.—An adminis-
trator, supervisor, or other authority may disable the tech-
nology described in subsection (a) during use by an adult,
to enable unfiltered access for bona fide research or other
lawful purposes.
(c) RULE OF CONSTRUCTION.—Nothing in this sec-
tion shall be construed to prohibit a local educational
agency or elementary or secondary school from filtering
or blocking materials other than those referred to in para-
graph (1), (2), or (3) of subsection (a).
(d) DEFINITIONS.—
(1)
MATERIAL
HARMFUL
TO
MINORS.—The
term ‘‘material harmful to minors’’ has the meaning
given such term in section 231(e)(6) of the Commu-
nications Act of 1934.
(2) CHILD
PORNOGRAPHY.—The term ‘‘child
pornography’’ has the meaning given such term in
section 2256(8) of title 18, United States Code.
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(3) MINOR.—The term ‘‘minor’’ has the mean-
ing given such term in section 2256(1) of title 18,
United States Code.
(e) SEVERABILITY.—If any provision of this section
is held invalid, the remainder of such section and this Act
shall not be affected thereby.
SEC. 305. None of the funds made available in this
Act may be used to carry out any activities related to any
federally sponsored national test in reading, mathematics,
or any other subject that is not specifically and explicitly
provided for in authorizing legislation enacted into law,
except that such limitation shall not apply to the Third
International Mathematics and Science Study or other
international comparative assessments developed under
the authority of section 404(a)(6) of the National Edu-
cation Statistics Act of 1994 (20 U.S.C. 9003(a)(6) et
seq.) and administered to only a representative sample of
pupils in the United States and in foreign nations.
This title may be cited as the ‘‘Department of Edu-
cation Appropriations Act, 2001’’.
TITLE IV—RELATED AGENCIES
ARMED FORCES RETIREMENT HOME
For expenses necessary for the Armed Forces Retire-
ment Home to operate and maintain the United States
Soldiers’ and Airmen’s Home and the United States Naval
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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, notwith-
standing any other provision of law, a single contract or
related contracts for development and construction, to in-
clude construction of a long-term care facility at the
United States Naval Home, may be employed which collec-
tively include the full scope of the project: Provided fur-
ther, 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 Obliga-
tions.
CORPORATION FOR NATIONAL AND COMMUNITY SERVICE
DOMESTIC VOLUNTEER SERVICE PROGRAMS, OPERATING
EXPENSES
For expenses necessary for the Corporation for Na-
tional and Community Service to carry out the provisions
of the Domestic Volunteer Service Act of 1973, as amend-
ed, $294,527,000: 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
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shall be used to provide stipends or other monetary incen-
tives to volunteers or volunteer leaders whose incomes ex-
ceed 125 percent of the national poverty level.
CORPORATION FOR PUBLIC BROADCASTING
For payment to the Corporation for Public Broad-
casting, as authorized by the Communications Act of
1934, an amount which shall be available within limita-
tions 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.
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-Man-
agement Cooperation Act of 1978 (29 U.S.C. 175a); and
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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), $37,500,000, in-
cluding $1,500,000, to remain available through Sep-
tember 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 ac-
tivities and other conflict resolution services and technical
assistance, including those provided to foreign govern-
ments and international organizations, and for arbitration
services shall be credited to and merged with this account,
and shall remain available until expended: Provided fur-
ther, That fees for arbitration services shall be available
only for education, training, and professional development
of the agency workforce: Provided further, That the Direc-
tor 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.
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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.),
$6,200,000.
INSTITUTE OF MUSEUM AND LIBRARY SERVICES
OFFICE OF LIBRARY SERVICES: GRANTS AND
ADMINISTRATION
For carrying out subtitle B of the Museum and Li-
brary Services Act, $170,000,000.
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),
$1,400,000.
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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, $2,450,000.
NATIONAL LABOR RELATIONS BOARD
SALARIES AND EXPENSES
For expenses necessary for the National Labor Rela-
tions 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, $205,717,000: Pro-
vided, That no part of this appropriation shall be available
to organize or assist in organizing agricultural laborers or
used in connection with investigations, hearings, direc-
tives, 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 amend-
ed, and as defined in section 3(f) of the Act of June 25,
1938 (29 U.S.C. 203), and including in said definition em-
ployees engaged in the maintenance and operation of
ditches, canals, reservoirs, and waterways when main-
tained or operated on a mutual, nonprofit basis and at
least 95 percent of the water stored or supplied thereby
is used for farming purposes.
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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 Presi-
dent, $9,800,000.
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),
$8,600,000.
RAILROAD RETIREMENT BOARD
DUAL BENEFITS PAYMENTS ACCOUNT
For payment to the Dual Benefits Payments Ac-
count, authorized under section 15(d) of the Railroad Re-
tirement 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 addi-
tion, 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 ap-
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proximately 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,
$95,000,000, to be derived in such amounts as determined
by the Board from the railroad retirement accounts and
from moneys credited to the railroad unemployment insur-
ance 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 $5,380,000, to be derived from
the railroad retirement accounts and railroad unemploy-
ment insurance account: Provided, That none of the funds
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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, of-
fice supplies, communications facilities or services, mainte-
nance 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 avail-
able until expended.
For making, after July 31 of the current fiscal year,
benefit payments to individuals under title IV of the Fed-
eral Mine Safety and Health Act of 1977, for costs in-
curred 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
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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 Se-
curity 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 Secu-
rity trust funds for administrative expenses incurred pur-
suant to section 201(g)(1) of the Social Security Act,
$22,791,000,000 (increased by $35,000,000), 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 re-
turned to the Treasury.
In addition, $245,000,000 (reduced by $35,000,000),
to remain available until September 30, 2002, for payment
to the Social Security trust funds for administrative ex-
penses 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 re-
views’’ 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 So-
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cial 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 ex-
pended.
LIMITATION ON ADMINISTRATIVE EXPENSES
For necessary expenses, including the hire of two pas-
senger motor vehicles, and not to exceed $10,000 for offi-
cial reception and representation expenses, not more than
$6,367,036,000 (increased by $70,000,000) may be ex-
pended, as authorized by section 201(g)(1) of the Social
Security Act, from any one or all of the trust funds re-
ferred 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 avail-
able until expended to invest in the Social Security Admin-
istration information technology and telecommunications
hardware and software infrastructure, including related
equipment and non-payroll administrative expenses associ-
ated solely with this information technology and tele-
communications infrastructure: Provided further, That re-
imbursement to the trust funds under this heading for ex-
penditures for official time for employees of the Social Se-
curity Administration pursuant to section 7131 of title 5,
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United States Code, and for facilities or support services
for labor organizations pursuant to policies, regulations,
or procedures referred to in section 7135(b) of such title
shall be made by the Secretary of the Treasury, with inter-
est, from amounts in the general fund not otherwise ap-
propriated, as soon as possible after such expenditures are
made.
From funds provided under the first paragraph, not
less than $130,000,000 (increased by $70,000,000) 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,
$520,000,000 (reduced by $70,000,000), to remain avail-
able 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 redeter-
minations as defined under section 201(g)(1)(A) of the
Social Security Act, as amended.
In addition, $91,000,000 to be derived from adminis-
tration fees in excess of $5.00 per supplementary payment
collected pursuant to section 1616(d) of the Social Secu-
rity 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)
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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 pro-
grams 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, $14,944,000, together
with not to exceed $50,808,000, to be transferred and ex-
pended as authorized by section 201(g)(1) of the Social
Security Act from the Federal Old-Age and Survivors In-
surance 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 trans-
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fers 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, $15,000,000.
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 recog-
nized executive-legislative relationships, for publicity or
propaganda purposes, for the preparation, distribution, or
use of any kit, pamphlet, booklet, publication, radio, tele-
vision, or video presentation designed to support or defeat
legislation pending before the Congress or any State legis-
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lature, 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 recipi-
ent, 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 sala-
ries and expenses under titles I and III, respectively, for
official reception and representation expenses; the Direc-
tor of the Federal Mediation and Conciliation Service is
authorized to make available for official reception and rep-
resentation expenses not to exceed $2,500 from the funds
available for ‘‘Salaries and expenses, Federal Mediation
and Conciliation Service’’; and the Chairman of the Na-
tional Mediation Board is authorized to make available for
official reception and representation expenses not to ex-
ceed $2,500 from funds available for ‘‘Salaries and ex-
penses, 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 nee-
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dles or syringes for the hypodermic injection of any illegal
drug.
SEC. 506. (a) Purchase of American-Made Equip-
ment and Products.—It is the sense of the Congress that,
to the greatest extent practicable, all equipment and prod-
ucts 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 enti-
ty 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 bear-
ing 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 con-
tract or subcontract made with funds made available in
this Act, pursuant to the debarment, suspension, and ineli-
gibility procedures described in sections 9.400 through
9.409 of title 48, Code of Federal Regulations.
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SEC. 507. When issuing statements, press releases,
requests for proposals, bid solicitations and other docu-
ments 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 re-
search 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 abor-
tion.
(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 arrange-
ment.
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SEC. 509. (a) The limitations established in the pre-
ceding 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 con-
strued 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 con-
strued as restricting the ability of any managed care pro-
vider from offering abortion coverage or the ability of a
State or locality to contract separately with such a pro-
vider 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—
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(1) the creation of a human embryo or embryos
for research purposes; or
(2) research in which a human embryo or em-
bryos are destroyed, discarded, or knowingly sub-
jected 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 SUB-
STANCES.—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 sec-
tion 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
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‘‘(B) any items or services that are not
medically necessary and appropriate; or
‘‘(C) any items or services that are pro-
vided, ordered, or otherwise authorized under
subsection (a)(2) by a physician unless such
items or services are related to obstetric or
gynecologic care;
‘‘(2) to preclude a group health plan from re-
quiring that the physician described in subsection (a)
notify the designated primary care professional or
case manager of treatment decisions in accordance
with a process implemented by the plan, except that
the group health plan shall not impose such a notifi-
cation requirement on the participant or beneficiary
involved in the treatment decision;
‘‘(3) to preclude a group health plan from re-
quiring authorization, including prior authorization,
for certain items and services from the physician de-
scribed in subsection (a) who specializes in obstetrics
and gynecology if the designated primary care pro-
vider of the participant or beneficiary would other-
wise be required to obtain authorization for such
items or services;
‘‘(4) to require that the participant or bene-
ficiary described in subsection (a)(1) obtain author-
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‘‘(C) The individual’s participation in the trial
offers meaningful potential for significant clinical
benefit for the individual.
‘‘(2) Either—
‘‘(A) the referring physician is a partici-
pating health care professional and has con-
cluded that the individual’s participation in
such trial would be appropriate based upon the
individual meeting the conditions described in
paragraph (1); or
‘‘(B) the participant or beneficiary provides
medical and scientific information establishing
that the individual’s participation in such trial
would be appropriate based upon the individual
meeting the conditions described in paragraph
(1).
‘‘(c) PAYMENT.—
‘‘(1) IN GENERAL.—Under this section a group
health plan (other than a fully insured group health
plan) shall provide for payment for routine patient
costs described in subsection (a)(2) but is not required
to pay for costs of items and services that are reason-
ably expected to be paid for by the sponsors of an ap-
proved clinical trial.