I
106TH CONGRESS
2D SESSION
H. R. 5656
Making appropriations for the Departments of Labor, Health and Human
Services, and Education, and related agencies for the fiscal year ending
September 30, 2001, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
DECEMBER 14, 2000
Mr. PORTER introduced the following bill; which was referred to the
Committee on Appropriations
A BILL
Making appropriations for the Departments of Labor, Health
and Human Services, and Education, and related 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,
That the following sums are appropriated, out of any
money in the Treasury not otherwise appropriated, for the
Departments of Labor, Health and Human Services, and
Education, and related agencies for the fiscal year ending
September 30, 2001, and for other purposes, namely:
TITLE I—DEPARTMENT OF LABOR
EMPLOYMENT AND TRAINING ADMINISTRATION
TRAINING AND EMPLOYMENT SERVICES
For necessary expenses of the Workforce Investment
Act, including the purchase and hire of passenger motor
vehicles, the construction, alteration, and repair of 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; $3,207,805,000 plus reimbursements,
of which $1,808,465,000 is available for obligation for the
period July 1, 2001 through June 30, 2002; of which
$1,377,965,000 is available for obligation for the period
April 1, 2001 through June 30, 2002, including
$1,102,965,000 to carry out chapter 4 of the Workforce
Investment Act and $275,000,000 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
be used to provide meal services at or for Job Corps cen-
ters: Provided further, That funds provided to carry out
section 171(d) of such Act may be used for demonstration
projects that provide assistance to new entrants in the
workforce and incumbent workers: Provided further, That
funding provided to carry out projects under section 171
of the Workforce Investment Act of 1998 that are identi-
fied in the Conference Agreement, shall not be subject to
the requirements of section 171(b)(2)(B) of such Act, the
requirements of section 171(c)(4)(D) of such Act, or the
joint funding requirements of sections 171(b)(2)(A) and
171(c)(4)(A) of such Act: Provided further, That funding
appropriated herein for Dislocated Worker Employment
and Training Activities under section 132(a)(2)(A) of the
Workforce Investment Act of 1998 may be distributed for
Dislocated Worker Projects under section 171(d) of the
Act without regard to the 10 percent limitation contained
in section 171(d) of the Act: Provided further, That of the
funds made available for Job Corps operating expenses in
the Department of Labor Appropriations Act, 2000, as en-
acted by section 1000(a)(4) of Public Law 106–113,
$586,487 shall be paid to the city of Vergennes, Vermont
in settlement of the city’s claim: Provided further, That
$4,600,000 provided herein for dislocated worker employ-
ment and training activities shall be made available to the
New Mexico Telecommunications Call Center Training
Consortium for training in telecommunications-related oc-
cupations.
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 title V of the Older Americans Act of
1965, as amended, $440,200,000.
FEDERAL UNEMPLOYMENT BENEFITS AND ALLOWANCES
For payments during the current fiscal year of trade
adjustment benefit payments and allowances under part
I; and for training, allowances for job search and 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,
$193,452,000, 
together 
with 
not 
to 
exceed
$3,172,246,000 (including not to exceed $1,228,000
which may be used for amortization payments to States
which had independent retirement plans in their State em-
ployment service agencies prior to 1980), which may be
expended from the Employment Security Administration
account in the Unemployment Trust Fund including the
cost of administering section 51 of the Internal Revenue
Code of 1986, as amended, section 7(d) of the Wagner-
Peyser Act, as amended, the Trade Act of 1974, as
amended, the Immigration Act of 1990, and the Immigra-
tion and Nationality Act, as amended, and of which the
sums available in the allocation for activities authorized
by title III of the Social Security Act, as amended (42
U.S.C. 502–504), and the sums available in the allocation
for necessary administrative expenses for carrying out 5
U.S.C. 8501–8523, shall be available for obligation by the
States through December 31, 2001, except that funds
used for automation acquisitions shall be available for obli-
gation by the States through September 30, 2003; and
of which $193,452,000, together with not to exceed
$773,283,000 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 ac-
tivities under the Act of June 6, 1933, as amended, in-
cluding the cost of penalty mail authorized under 39
U.S.C. 3202(a)(1)(E) made available to States in lieu of
allotments for such purpose: Provided, That to the extent
that the Average Weekly Insured Unemployment (AWIU)
for fiscal year 2001 is projected by the Department of
Labor to exceed 2,396,000, an additional $28,600,000
shall be available for obligation for every 100,000 increase
in the AWIU level (including a pro rata amount for any
increment less than 100,000) from the Employment Secu-
rity Administration Account of the Unemployment Trust
Fund: Provided further, That funds appropriated in this
Act which are used to establish a national one-stop career
center system, or which are used to support the national
activities of the Federal-State unemployment insurance
programs, may be obligated in contracts, grants, or agree-
ments with non-State entities: Provided further, That
funds appropriated under this Act for activities authorized
under the Wagner-Peyser Act, as amended, and title III
of the Social Security Act, may be used by the States to
fund integrated Employment Service and Unemployment
Insurance automation efforts, notwithstanding cost alloca-
tion 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.
PROGRAM ADMINISTRATION
For expenses of administering employment and train-
ing programs, $110,651,000, 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 $48,507,000, 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, $107,832,000.
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-
vided, That not to exceed $11,652,000 shall be available
for administrative expenses of the Corporation: Provided
further, That expenses of such Corporation in connection
with the termination of pension plans, for the acquisition,
protection or management, and investment of trust assets,
and for benefits administration services shall be consid-
ered as nonadministrative 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, $361,491,000, together with
$1,985,000 which may be expended from the Special Fund
in accordance with sections 39(c), 44(d), and 44( j) of the
Longshore and Harbor Workers’ Compensation Act: Pro-
vided, That $2,000,000 shall be for the development of
an alternative system for the electronic submission of re-
ports 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-
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-
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, $34,910,000 shall be made available to the
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, $23,371,000; (2) for con-
version to a paperless office, $7,005,000; (3) for commu-
nications redesign, $1,750,000; (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-
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 the Treasury, for expenses of operation
and administration of the Black Lung Benefits program
as authorized 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, $425,983,000, including not
to exceed $88,493,000 which shall be the maximum
amount available for grants to States under section 23(g)
of the Occupational Safety and Health Act, which grants
shall be no less than 50 percent of the costs of State 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
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
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
(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, $246,747,000, 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; including up to $1,000,000 for
mine rescue and recovery activities, which shall be avail-
able only to the extent that fiscal year 2001 obligations
for these activities exceed $1,000,000; in addition, not to
exceed $750,000 may be collected by the National Mine
Health and Safety Academy for room, board, tuition, and
the sale of training materials, otherwise authorized by law
to be collected, to be available for mine safety and health
education and training activities, notwithstanding 31
U.S.C. 3302; and, in addition, the Mine Safety and Health
Administration may retain up to $1,000,000 from fees col-
lected for the approval and certification of equipment, ma-
terials, and explosives for use in mines, and may utilize
such sums for such activities; the Secretary is authorized
to accept lands, buildings, equipment, and other contribu-
tions from public and private sources and to prosecute
projects in cooperation with other agencies, Federal,
State, or private; the Mine Safety and Health Administra-
tion is authorized to promote health and safety education
and training in the mining community through cooperative
programs with States, industry, and safety associations;
and any funds available to the department may be used,
with the approval of the Secretary, to provide for the costs
of mine rescue and survival operations in the event of a
major disaster.
BUREAU OF LABOR STATISTICS
SALARIES AND EXPENSES
For necessary expenses for the Bureau of Labor Sta-
tistics, including advances or reimbursements to State,
Federal, and local agencies and their employees for serv-
ices rendered, $374,327,000, 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; and $10,000,000 which shall be avail-
able for obligation for the period July 1, 2001 through
June 30, 2002, for Occupational Employment Statistics.
DEPARTMENTAL MANAGEMENT
SALARIES AND EXPENSES
For necessary expenses for Departmental Manage-
ment, including the hire of three sedans, and including
the management or operation, through contracts, grants,
or other arrangements of Departmental bilateral and mul-
tilateral foreign technical assistance, of which the funds
designated to carry out bilateral assistance under the
international child labor initiative shall be available for ob-
ligation through September 30, 2002, and $37,000,000
for the acquisition of Departmental information tech-
nology, architecture, infrastructure, equipment, software,
and related needs which will be allocated by the Depart-
ment’s Chief Information Officer in accordance with the
Department’s capital investment management process to
assure a sound investment strategy, $380,529,000; to-
gether 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
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
any decision issued under the Black Lung Benefits Act
(30 U.S.C. 901 et seq.): Provided further, That beginning
in fiscal year 2001, there is established in the Department
of Labor an office of disability employment policy which
shall, under the overall direction of the Secretary, provide
leadership, develop policy and initiatives, and award
grants furthering the objective of eliminating barriers to
the training and employment of people with disabilities.
Such office shall be headed by an Assistant Secretary:
Provided further, That of amounts provided under this
head, not more than $23,002,000 is for this purpose.
VETERANS EMPLOYMENT AND TRAINING
Not to exceed $186,913,000 may be derived from the
Employment Security Administration account in the 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, $24,800,000, of which $7,300,000 shall be available
for obligation for the period July 1, 2001 through June
30, 2002.
OFFICE OF INSPECTOR GENERAL
For salaries and expenses of the Office of Inspector
General in carrying out the provisions of the Inspector
General Act of 1978, as amended, $50,015,000, together
with not to exceed $4,770,000, which may be expended
from the Employment Security Administration account in
the Unemployment Trust Fund.
GENERAL PROVISIONS
SEC. 101. None of the funds appropriated in this title
for the Job Corps shall be used to pay the compensation
of an individual, either as direct costs or any proration
as an indirect cost, at a rate in excess of Executive Level
II.
(TRANSFER OF FUNDS)
SEC. 102. Not to exceed 1 percent of any 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. Section 403(a)(5)(C)(viii) of the Social Se-
curity Act (42 U.S.C. 603(a)(5)(C)(viii)) (as amended by
section 801(b)(1)(A) of the Departments of Labor, Health
and Human Services, and Education, and Related Agen-
cies Appropriations Act, 2000 (as enacted into law by sec-
tion 1000(a)(4) of Public Law 106–113)) is amended by
striking ‘‘3 years’’ and inserting ‘‘5 years’’.
SEC. 104. No funds appropriated in this Act or any
other Act making appropriations for fiscal year 2001 may
be used to implement or enforce the proposed and final
regulations appearing in 65 Fed. Reg. 43528–43583, re-
garding temporary alien labor certification applications
and petitions for admission of nonimmigrant workers, or
any similar or successor rule with an effective date prior
to October 1, 2001: Provided, That nothing in this section
shall prohibit the development or revision of such a rule,
or the publication of any similar or successor proposed or
final rule, or the provision of training or technical assist-
ance, or other activities necessary and appropriate in pre-
paring to implement such a rule with an effective date
after September 30, 2001.
SEC. 105. Section 218(c)(4) of the Immigration and
Nationality Act (8 U.S.C. 1188(c)(4)) is amended by add-
ing at the end the following new sentence: ‘‘The deter-
mination as to whether the housing furnished by an em-
ployer for an H–2A worker meets the requirements im-
posed by this paragraph must be made prior to the date
specified in paragraph (3)(A) by which the Secretary of
Labor is required to make a certification described in sub-
section (a)(1) with respect to a petition for the importa-
tion of such worker.’’.
SEC. 106. Section 286(s)(6) of the Immigration and
Naturalization Act (8 U.S.C. 1356(s)(6)) is amended by
inserting ‘‘and section 212(a)(5)(A)’’ after the second ref-
erence to ‘‘section 212(n)(1)’’.
SEC. 107. (a) Section 403(a)(5) of the Social Security
Act (as amended by section 806(b) of the Departments
of Labor, Health and Human Services, and Education,
and Related Agencies Appropriations Act, 2000 (as en-
acted into law by section 1000(a)(4) of Public Law 106–
113)) is amended by striking subparagraph (E) and redes-
ignating subparagraphs (F) through (K) as subpara-
graphs (E) through (J), respectively.
(b) The Social Security Act (as amended by section
806(b) of the Departments of Labor, Health and Human
Services, and Education, and Related Agencies Appropria-
tions Act, 2000 (as enacted into law by section 1000(a)(4)
of Public Law 106–113)) is further amended as follows:
(1) 
Section 
403(a)(5)(A)(i) 
(42 
U.S.C.
603(a)(5)(A)(i)) is amended by striking ‘‘subpara-
graph (I)’’ and inserting ‘‘subparagraph (H)’’.
(2) Subclause (I) of each of subparagraphs
(A)(iv) and (B)(v) of section 403(a)(5) (42 U.S.C.
603(a)(5)(A)(iv)(I) and (B)(v)(I)) is amended—
(A) in item (aa)—
(i) by striking ‘‘(I)’’ and inserting
‘‘(H)’’; and
(ii) by striking ‘‘(G), and (H)’’ and
inserting ‘‘and (G)’’; and
(B) in item (bb), by striking ‘‘(F)’’ and in-
serting ‘‘(E)’’.
(3) 
Section 
403(a)(5)(B)(v) 
(42 
U.S.C.
603(a)(5)(B)(v)) is amended in the matter preceding
subclause (I) by striking ‘‘(I)’’ and inserting ‘‘(H)’’.
(4) Subparagraphs (E), (F), and (G)(i) of sec-
tion 403(a)(5) (42 U.S.C. 603(a)(5)), as so redesig-
nated by subsection (a) of this section, are each
amended by striking ‘‘(I)’’ and inserting ‘‘(H)’’.
(5) 
Section 
412(a)(3)(A) 
(42 
U.S.C.
612(a)(3)(A)) is amended by striking ‘‘403(a)(5)(I)’’
and inserting ‘‘403(a)(5)(H)’’.
(c) Section 403(a)(5)(H)(i)(II) of such Act (42
U.S.C. 603(a)(5)(H)(i)(II)) (as redesignated by sub-
section (a) of this section and as amended by section
806(b) of the Departments of Labor, Health and Human
Services, and Education, and Related Agencies Appropria-
tions Act, 2000 (as enacted into law by section 1000(a)(4)
of Public Law 106–113)) is further amended by striking
‘‘$1,450,000,000’’ and inserting ‘‘$1,400,000,000’’.
(d) The amendments made by subsections (a), (b),
and (c) of this section shall take effect on October 1, 2000.
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
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, the Native Hawaiian Health Care Act of 1988, as
amended, and the Poison Control Center Enhancement
and 
Awareness 
Act, 
$5,525,476,000, 
of 
which
$226,224,000 shall be available for the construction and
renovation of health care and other facilities, and of which
$25,000,000 from general revenues, notwithstanding sec-
tion 1820( j) of the Social Security Act, shall be available
for carrying out the Medicare rural hospital flexibility
grants program under section 1820 of such Act: Provided,
That the Division of Federal Occupational Health may
utilize personal services contracting to employ professional
management/administrative and occupational health pro-
fessionals: Provided further, That of the funds made avail-
able under this heading, $250,000 shall be available until
expended for facilities renovations at the Gillis W. Long
Hansen’s Disease Center: Provided further, That in addi-
tion to fees authorized by section 427(b) of the Health
Care Quality Improvement Act of 1986, fees shall be col-
lected for the full disclosure of information under the Act
sufficient to recover the full costs of operating the Na-
tional Practitioner Data Bank, and shall remain available
until expended to carry out that Act: Provided further,
That fees collected for the full disclosure of information
under the ‘‘Health Care Fraud and Abuse Data Collection
Program,’’ authorized by section 1128E(d)(2) of the So-
cial Security Act, shall be sufficient to recover the full
costs of operating the program, and shall remain available
until expended to carry out that Act: Provided further,
That no more than $5,000,000 is available for carrying
out the provisions of Public Law 104–73: Provided further,
That of the funds made available under this heading,
$253,932,000 shall be for the program under title X of
the Public Health Service Act to provide for voluntary
family planning projects: Provided further, That amounts
provided to said projects under such title shall not be ex-
pended for abortions, that all pregnancy counseling shall
be nondirective, and that such amounts shall not be ex-
pended for any activity (including the publication or dis-
tribution of literature) that in any way tends to promote
public support or opposition to any legislative proposal or
candidate for public office: Provided further, That
$589,000,000 shall be for State AIDS Drug Assistance
Programs authorized by section 2616 of the Public Health
Service Act: Provided further, That of the amount pro-
vided under this heading, $700,000 shall be for the Amer-
ican Federation of Negro Affairs Education and Research
Fund of Philadelphia, $900,000 shall be for the Des
Moines University Osteopathic Medical Center, $250,000
shall be for the University of Alaska, Anchorage, to train
Alaska Natives as psychologists, $900,000 shall be for
Northeastern University in Boston, Massachusetts, to
train doctors to serve in low-income communities,
$500,000 shall be for the University of Alaska, Anchorage,
to recruit and train nurses in rural areas, and $230,000
shall be for the Illinois Poison Center: Provided further,
That, notwithstanding section 502(a)(1) of the Social Se-
curity Act, not to exceed $113,728,000 is available for car-
rying out special projects of regional and national signifi-
cance pursuant to section 501(a)(2) of such Act, of which
$5,000,000 is for Columbia Hospital for Women Medical
Center in Washington, D.C., to support community out-
reach programs for women, $5,000,000 is for continuation
of the traumatic brain injury State demonstration
projects, and $100,000 is for St. Joseph’s Health Services
of Rhode Island for the Providence Smiles dental program
for low-income children.
For special projects of regional and national signifi-
cance under section 501(a)(2) of the Social Security Act,
$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-
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, $3,868,027,000, of which $175,000,000 shall re-
main available until expended for the facilities master plan
for equipment and construction and renovation of facili-
ties, and in addition, such sums as may be derived from
authorized user fees, which shall be credited to this ac-
count, and of which $104,527,000 for international HIV/
AIDS programs shall remain available until September
30, 2002: Provided, That in addition 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 prevention and control at the Centers
for Disease Control and Prevention may be used to advo-
cate or promote gun control: Provided further, That the
Director may redirect the total amount made available
under authority of Public Law 101–502, section 3, dated
November 3, 1990, to activities the Director may so des-
ignate: Provided further, That the Congress is to be noti-
fied promptly of any such transfer: Provided further, That
not to exceed $10,000,000 may be available for making
grants under section 1509 of the Public Health Service
Act to not more than 15 States: Provided further, That
notwithstanding any other provision of law, a single con-
tract or related contracts for development and construc-
tion of facilities may be employed which collectively include
the full scope of the project: Provided further, That the
solicitation and contract shall contain the clause ‘‘avail-
ability of funds’’ found at 48 CFR 52.232–18: Provided
further, That funds obligated for influenza vaccine stock-
pile in fiscal year 2000 and fiscal year 2001 shall be con-
sidered as appropriated under section 3 of Public Law
101–502.
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,
$3,757,242,000.
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,
$2,299,866,000.
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,
$306,448,000.
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, $1,303,385,000.
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, $1,176,482,000.
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, $2,043,208,000.
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, $1,535,823,000.
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, $976,455,000.
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, $510,611,000.
NATIONAL INSTITUTE OF ENVIRONMENTAL HEALTH
SCIENCES
For carrying out sections 301 and 311 and title IV
of the Public Health Service Act with respect to environ-
mental health sciences, $502,549,000.
NATIONAL INSTITUTE ON AGING
For carrying out section 301 and title IV of the Pub-
lic 
Health 
Service 
Act 
with 
respect 
to 
aging,
$786,039,000.
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, $396,687,000.
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, $300,581,000.
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,
$104,370,000.
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, $340,678,000.
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,
$781,327,000.
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,
$1,107,028,000.
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, $382,384,000.
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, $817,475,000: 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.
JOHN E. FOGARTY INTERNATIONAL CENTER
For carrying out the activities at the John E.
Fogarty International Center, $50,514,000.
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, $246,801,000, 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, $89,211,000.
NATIONAL CENTER ON MINORITY HEALTH AND HEALTH
DISPARITIES
For carrying out section 301 and title IV of the Pub-
lic Health Service Act with respect to minority health and
health disparities research, $130,200,000.
OFFICE OF THE DIRECTOR
(INCLUDING TRANSFER OF FUNDS)
For carrying out the responsibilities of the Office of
the Director, National Institutes of Health, $213,581,000,
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
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,
$153,790,000, to remain available until expended, of
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, $2,958,001,000, of which $24,605,000 shall
be available for the projects and in the amounts specified
in the statement of the managers on the conference report
accompanying this Act.
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
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 $2,246,326,000, 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-
aged care system redesign shall remain available until ex-
pended: Provided further, That $20,000,000 of the
amount available for research, demonstration, and evalua-
tion activities shall be available to continue carrying out
demonstration projects on Medicaid coverage of commu-
nity-based attendant care services for people with disabil-
ities which ensures maximum control by the consumer to
select and manage their attendant care services: Provided
further, That the Secretary of Health and Human Services
is directed to enter into an agreement with the Mind-Body
Institute of Boston, Massachusetts, to conduct a dem-
onstration of a lifestyle modification program: Provided
further, That $2,800,000 of the amount available for re-
search, demonstration, and evaluation activities shall be
awarded for administration, evaluation, quality monitoring
and peer review of this lifestyle modification demonstra-
tion: Provided further, That $2,800,000 of the amount
available for research, demonstration, and evaluation ac-
tivities shall be awarded to a joint application from the
University of Pittsburgh, Case Western Reserve in Cleve-
land, Ohio, and Mt. Sinai Hospital in Miami, Florida, to
use integrated nursing services and technology to imple-
ment daily monitoring of congestive heart failure patients
in underserved populations in accordance with established
clinical guidelines: Provided further, That $500,000 of the
amount available for research, demonstration, and evalua-
tion activities shall be awarded to the University of Pitts-
burgh Medical Center and University of Pennsylvania for
a study of the efficacy of surgical versus non-surgical man-
agement of abdominal aneurysms: Provided further, That
$650,000 of the amount available for research, demonstra-
tion, and evaluation activities shall be awarded to the Vas-
cular Surgery Outcome Initiative at Dartmouth College:
Provided further, That up to $300,000 of the amount
available for research, demonstration, and evaluation ac-
tivities shall be awarded to the United States-Mexico Bor-
der Counties Coalition for a study to determine the unre-
imbursed costs incurred to treat undocumented aliens for
medical emergencies in southwest border States, their bor-
der counties, and hospitals within the jurisdiction of these
States and counties: Provided further, That $1,700,000 of
the amount available for research, demonstration, and
evaluation activities shall be awarded to the AIDS
Healthcare Foundation in Los Angeles for a demonstra-
tion of residential and outpatient treatment facilities: Pro-
vided further, That $350,000 of the amount available for
research, demonstration, and evaluation activities shall be
awarded to the Cook County, Illinois Bureau of Health
for the Asthma Champion Initiative demonstration to re-
duce morbidity and mortality from asthma in high preva-
lence areas: Provided further, That $1,000,000 of the
amount available for research, demonstration, and evalua-
tion activities shall be awarded to the West Virginia Uni-
versity School of Medicine’s Eye Center to test interven-
tions and improve the quality of life for individuals with
low vision, with a particular focus on the elderly: Provided
further, That $1,000,000 of the amount available for re-
search, demonstration, and evaluation activities shall be
awarded to the Iowa Department of Public Health for the
establishment and operation of a mercantile prescription
drug purchasing cooperative or non-profit corporation
demonstration: Provided further, That $691,000 of the
amount available for research, demonstration, and evalua-
tion activities shall be awarded to Ohio State University
to determine the benefits of compliance packaging: Pro-
vided further, That $855,000 of the amount available for
research, demonstration, and evaluation activities shall be
awarded to Children’s Hospice International for a dem-
onstration project to provide a continuum of care for chil-
dren with life-threatening conditions and their families:
Provided further, That $921,000 of the amount available
for research, demonstration, and evaluation activities shall
be awarded to Equip for Equality for a demonstration
project to document the impact of an independent inves-
tigative unit that will examine deaths or other serious alle-
gations of abuse and neglect of people with disabilities at
facilities in Illinois: Provided further, That $1,000,000 of
the amount available for research, demonstration, and
evaluation activities shall be awarded to Duke University
Medical Center to demonstrate the potential savings in the
Medicare program of a reimbursement system based on
preventative care: Provided further, That $1,843,000 of
the amount available for research, demonstration, and
evaluation activities shall be awarded to Bucks County,
Pennsylvania, for a health improvement project: Provided
further, That $255,000 of the amount available for re-
search, demonstration, and evaluation activities shall be
awarded to the LA Care Health Plan in Los Angeles, Cali-
fornia, for a demonstration program to improve clinical
data coordination among Medicaid providers: Provided
further, That $646,000 of the amount available for re-
search, demonstration, and evaluation activities shall be
for the Shelby County Regional Medical Center to estab-
lish a Master Patient Index to determine patient Medicaid/
TennCare eligibility: 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.
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.
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), $2,441,800,000, to remain available until
expended; and for such purposes for the first quarter of
fiscal year 2002, $1,000,000,000, to remain available until
expended.
For making payments to each State for carrying out
the program of Aid to Families with Dependent Children
under title IV–A of the Social Security Act before the 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
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, in addition to
amounts already appropriated for fiscal year 2001,
$300,000,000.
For making payments under title XXVI of the Omni-
bus Reconciliation Act of 1981, $300,000,000: Provided,
That these funds are hereby designated by the Congress
to be emergency requirements pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency
Deficit Control Act of 1985: Provided further, That these
funds shall be made available only after submission to the
Congress of a formal budget request by the President that
includes designation of the entire amount of the request
as an emergency requirement as defined in such Act.
REFUGEE AND ENTRANT ASSISTANCE
For making payments for refugee and entrant 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
Act for fiscal year 2001 shall be available for the costs
of assistance provided and other activities through Sep-
tember 30, 2003: Provided further, That up to $5,000,000
is available to carry out the Trafficking Victims Protection
Act of 2000.
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,
$817,328,000, such funds shall be used to supplement, not
supplant State general revenue funds for child care assist-
ance for low-income families: Provided, That of the funds
appropriated for fiscal year 2001, $19,120,000 shall be
available for child care resource and referral and school-
aged child care activities, of which $1,000,000 shall be for
the Child Care Aware toll free hotline: Provided further,
That of the funds appropriated for fiscal year 2001, in
addition to the amounts required to be reserved by the
States under section 658G, $272,672,000 shall be re-
served by the States for activities authorized under section
658G, of which $100,000,000 shall be for activities that
improve the quality of infant and toddler child care: Pro-
vided further, That of the funds appropriated for fiscal
year 2001, $10,000,000 shall be for use by the Secretary
for child care research, demonstration, and evaluation ac-
tivities.
SOCIAL SERVICES BLOCK GRANT
For making grants to States pursuant to section
2002 of the Social Security Act, $1,725,000,000: 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 $1,725,000,000:
Provided further, That, notwithstanding subparagraph (B)
of section 404(d)(2) of such Act, the applicable percent
specified under such subparagraph for a State to carry
out State programs pursuant to title XX of such Act shall
be 10 percent.
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, the Early
Learning Opportunities Act, part B(1) of title IV and sec-
tions 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 Secu-
rity Act, and title IV of Public Law 105–285, and for nec-
essary administrative expenses to carry out said Acts and
titles I, IV, X, XI, XIV, XVI, and XX of the Social Secu-
rity Act, the Act of July 5, 1960 (24 U.S.C. ch. 9), the
Omnibus Budget Reconciliation Act of 1981, title IV of
the Immigration and Nationality Act, section 501 of the
Refugee Education Assistance Act of 1980, section 5 of
the Torture Victims Relief Act of 1998 (Public Law 105–
320), sections 40155, 40211, and 40241 of Public Law
103–322 and section 126 and titles IV and V of Public
Law 100–485, $7,956,345,000, of which $43,000,000, to
remain available until September 30, 2002, shall be for
grants to States for adoption incentive payments, as au-
thorized by section 473A of title IV of the Social Security
Act (42 U.S.C. 670–679) and may be made for adoptions
completed in fiscal years 1999 and 2000; of which
$682,876,000 shall be for making payments under the
Community Services Block Grant Act; and of which
$6,200,000,000 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: Provided further, That the Sec-
retary shall establish procedures regarding the disposition
of intangible property which permits grant funds, or intan-
gible assets acquired with funds authorized under section
680 of the Community Services Block Grant Act, as
amended, to become the sole property of such grantees
after a period of not more than 12 years after the end
of the grant for purposes and uses consistent with the
original grant.
Funds appropriated for fiscal year 2001 under sec-
tion 429A(e), part B of title IV of the Social Security Act
shall be reduced by $6,000,000.
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,
$1,103,135,000, of which $5,000,000 shall be available for
activities regarding medication management, screening,
and education to prevent incorrect medication and adverse
drug reactions: 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.
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, $285,224,000, 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: Provided fur-
ther, That of the funds made available under this heading
for carrying out title XX of the Public Health Service Act,
$10,377,000 shall be for activities specified under section
2003(b)(2), of which $10,157,000 shall be for prevention
service demonstration grants under section 510(b)(2) of
title V of the Social Security Act, as amended, without
application of the limitation of section 2010(c) of said title
XX: Provided further, That no funds shall be obligated for
minority AIDS prevention and treatment activities until
the Department of Health and Human Services submits
an operating plan to the House and Senate Committees
on Appropriations.
OFFICE OF INSPECTOR GENERAL
For expenses necessary for the Office of Inspector
General in carrying out the provisions of the Inspector
General Act of 1978, as amended, $33,849,000: Provided,
That of such amount, necessary sums are available for
providing protective services to the Secretary and inves-
tigating non-payment of child support cases for which non-
payment is a Federal offense under 18 U.S.C. 228, each
of which activities is hereby authorized in this and subse-
quent fiscal years.
OFFICE FOR CIVIL RIGHTS
For expenses necessary for the Office for Civil
Rights, $24,742,000, together with not to exceed
$3,314,000, to be transferred and expended as authorized
by section 201(g)(1) of the Social Security Act from the
Hospital Insurance Trust Fund and the Supplemental
Medical Insurance Trust Fund.
POLICY RESEARCH
For carrying out, to the extent not otherwise 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.
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, $241,231,000: Provided,
That this amount is distributed as follows: Centers for
Disease Control and Prevention, $181,131,000, of which
$32,000,000 shall be for the Health Alert Network and
$18,040,000 shall be for the continued study of the an-
thrax vaccine; and Office of Emergency Preparedness,
$60,100,000.
GENERAL PROVISIONS
SEC. 201. Funds appropriated in this title shall be
available for not to exceed $37,000 for official reception
and representation expenses when specifically approved by
the Secretary.
SEC. 202. The Secretary shall make available through
assignment not more than 60 employees of the Public
Health Service to assist in child survival activities and to
work in AIDS programs through and with funds provided
by the Agency for International Development, the United
Nations International Children’s Emergency Fund or the
World Health Organization.
SEC. 203. None of the funds appropriated under this
Act may be used to implement section 399L(b) of the 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
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.
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
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. 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. 212. The Foreign Operations, Export Financ-
ing, and Related Programs Appropriations Act, 1990
(Public Law 101–167) is amended—
(1) in section 599D (8 U.S.C. 1157 note)—
(A) in subsection (b)(3), by striking
‘‘1997, 1998, 1999, and 2000’’ and inserting
‘‘1997, 1998, 1999, 2000, and 2001’’; and
(B) in subsection (e), by striking ‘‘October
1, 2000’’ each place it appears and inserting
‘‘October 1, 2001’’; and
(2) in section 599E (8 U.S.C. 1255 note) in
subsection (b)(2), by striking ‘‘September 30, 2000’’
and inserting ‘‘September 30, 2001’’.
SEC. 213. None of the funds provided in this Act or
in any other Act making appropriations for fiscal year
2001 may be used to administer or implement in Arizona
or in the Kansas City, Missouri or in the Kansas City,
Kansas area the Medicare Competitive Pricing Dem-
onstration Project (operated by the Secretary of Health
and Human Services).
SEC. 214. (a) Except as provided by subsection (e)
none of the funds appropriated by this Act may be used
to withhold substance abuse funding from a State pursu-
ant to section 1926 of the Public Health Service Act (42
U.S.C. 300x–26) if such State certifies to the Secretary
of Health and Human Services by March 1, 2001 that
the State will commit additional State funds, in accord-
ance with subsection (b), to ensure compliance with State
laws prohibiting the sale of tobacco products to individuals
under 18 years of age.
(b) The amount of funds to be committed by a State
under subsection (a) shall be equal to 1 percent of such
State’s substance abuse block grant allocation for each
percentage point by which the State misses the retailer
compliance rate goal established by the Secretary of
Health and Human Services under section 1926 of such
Act.
(c) The State is to maintain State expenditures in
fiscal year 2001 for tobacco prevention programs and for
compliance activities at a level that is not less than the
level of such expenditures maintained by the State for fis-
cal year 2000, and adding to that level the additional
funds for tobacco compliance activities required under
subsection (a). The State is to submit a report to the Sec-
retary on all fiscal year 2000 State expenditures and all
fiscal year 2001 obligations for tobacco prevention and
compliance activities by program activity by July 31,
2001.
(d) The Secretary shall exercise discretion in enforc-
ing the timing of the State obligation of the additional
funds required by the certification described in subsection
(a) as late as July 31, 2001.
(e) None of the funds appropriated by this Act may
be used to withhold substance abuse funding pursuant to
section 1926 from a territory that receives less than
$1,000,000.
SEC. 215. Section 448 of the Public Health Service
Act (42 U.S.C. 285g) is amended by inserting
‘‘gynecologic health,’’ after ‘‘with respect to’’.
SEC. 216. None of the funds appropriated under this
Act shall be expended by the National Institutes of Health
on a contract for the care of the 288 chimpanzees acquired
by the National Institutes of Health from the Coulston
Foundation, unless the contractor is accredited by the As-
sociation for the Assessment and Accreditation of Labora-
tory Animal Care International or has a Public Health
Services assurance, and has not been charged multiple
times with egregious violations of the Animal Welfare Act:
Provided, That the requirements of section 481(A)(e)(1)
shall not apply to funds awarded to nonhuman primate
research facilities of special interest to NIH.
SEC. 217. No grants may be awarded under the first
paragraph under the heading ‘‘Department of Health and
Human Services, Health Resources and Services Adminis-
tration, Health Resources and Services’’ in chapter 4 of
title II of the Emergency Supplemental Act, 2000 (Public
Law 106–246, division B) until March 1, 2001.
SEC. 218. (a) The second sentence of section 5948(d)
of title 5, United States Code, is amended to read as fol-
lows: ‘‘No agreement shall be entered into under this sec-
tion later than September 30, 2005, nor shall any agree-
ment cover a period of service extending beyond Sep-
tember 30, 2007.’’.
(b) Section 3 of the Federal Physicians Comparability
Allowance Act of 1978 (5 U.S.C. 5948 note) is amended
by striking ‘‘September 30, 2002’’ and inserting ‘‘Sep-
tember 30, 2007’’.
SEC. 219. (a) Congress makes the following findings:
(1) Organ procurement organizations play an
important role in the effort to increase organ dona-
tion in the United States.
(2) The current process for the certification and
recertification of organ procurement organizations
conducted by the Department of Health and Human
Services has created a level of uncertainty that is
interfering with the effectiveness of organ procure-
ment organizations in raising the level of organ do-
nation.
(3) The General Accounting Office, the Insti-
tute of Medicine, and the Harvard School of Public
Health have identified substantial limitations in the
organ procurement organization certification and re-
certification process and have recommended changes
in that process.
(4) The limitations in the recertification process
include:
(A) An exclusive reliance on population-
based measures of performance that do not ac-
count for the potential in the population for
organ donation and do not permit consideration
of other outcome and process standards that
would more accurately reflect the relative capa-
bility and performance of each organ procure-
ment organization.
(B) A lack of due process to appeal to the
Secretary of Health and Human Services for
recertification on either substantive or proce-
dural grounds.
(5) The Secretary of Health and Human Serv-
ices has the authority under section 1138(b)(1)(A)(i)
of the Social Security Act (42 U.S.C. 1320b–
8(b)(1)(A)(i)) to extend the period for recertification
of an organ procurement organization from 2 to 4
years on the basis of its past practices in order to
avoid the inappropriate disruption of the nation’s
organ system.
(6) The Secretary of Health and Human Serv-
ices can use the extended period described in para-
graph (5) for recertification of all organ procure-
ment organizations to—
(A) develop improved performance meas-
ures that would reflect organ donor potential
and interim outcomes, and to test these meas-
ures to ensure that they accurately measure
performance differences among the organ pro-
curement organizations; and
(B) improve the overall certification proc-
ess by incorporating process as well as outcome
performance measures, and developing equitable
processes for appeals.
(b) Section 371(b)(1) of the Public Health Service
Act (42 U.S.C. 273(b)(1)) is amended—
(1) 
by 
redesignating 
subparagraphs 
(D)
through (G) as subparagraphs (E) through (H), re-
spectively;
(2) by realigning the margin of subparagraph
(F) (as so redesignated) so as to align with subpara-
graph (E) (as so redesignated); and
(3) by inserting after subparagraph (C) the fol-
lowing:
‘‘(D) notwithstanding any other provision of
law, has met the other requirements of this section
and has been certified or recertified by the Secretary
within the previous 4-year period as meeting the
performance standards to be a qualified organ pro-
curement organization through a process that
either—
‘‘(i) granted certification or recertification
within such 4-year period with such certification
or recertification in effect as of January 1,
2000, and remaining in effect through the ear-
lier of—
‘‘(I) January 1, 2002; or
‘‘(II) the completion of recertification
under the requirements of clause (ii); or
‘‘(ii) is defined through regulations that
are promulgated by the Secretary by not later
than January 1, 2002, that—
‘‘(I) require recertifications of quali-
fied organ procurement organizations not
more frequently than once every 4 years;
‘‘(II) rely on outcome and process per-
formance measures that are based on em-
pirical evidence, obtained through reason-
able efforts, of organ donor potential and
other related factors in each service area of
qualified organ procurement organizations;
‘‘(III) use multiple outcome measures
as part of the certification process; and
‘‘(IV) provide for a qualified organ
procurement organization to appeal a de-
certification to the Secretary on sub-
stantive and procedural grounds;’’.
SEC. 220. (a) In order for the Centers for Disease
Control and Prevention to carry out international HIV/
AIDS and other infectious disease, chronic and environ-
mental disease, and other health activities abroad during
fiscal year 2001, the Secretary of Health and Human
Services is authorized to—
(1) utilize the authorities contained in sub-
section 2(c) of the State Department Basic Authori-
ties Act of 1956, as amended, subject to the limita-
tions set forth in subsection (b), and
(2) enter into reimbursable agreements with the
Department of State using any funds appropriated
to the Department of Health and Human Services,
for the purposes for which the funds were appro-
priated in accordance with authority granted to the
Secretary of Health and Human Services or under
authority governing the activities of the Department
of State.
(b) In exercising the authority set forth in subsection
(a)(1), the Secretary of Health and Human Services—
(1) shall not award contracts for performance
of an inherently governmental function; and
(2) shall follow otherwise applicable Federal
procurement laws and regulations to the maximum
extent practicable.
SEC. 221. Notwithstanding any other provision of
law, the Director, National Institutes of Health, may enter
into and administer a long-term lease for facilities for the
purpose of providing laboratory, office and other space for
biomedical and behavioral research at the Bayview Cam-
pus in Baltimore, Maryland: Provided, That the House
and Senate Appropriations Committees will be notified of
the terms and conditions of the lease upon its execution.
SEC. 222. Of the funds appropriated in this Act for
the National Institutes of Health, $5,800,000 shall be
transferred to the Office of the Secretary, General Depart-
mental Management to support the newly established Of-
fice for Human Research Protections.
SEC. 223. Section 487E(a)(1) of the Public Health
Service Act is amended by striking ‘‘as employees of the
National Institutes of Health’’.
SEC. 224. Notwithstanding any other provision of law
relating to vacancies in offices for which appointments
must be made by the President, including any time limita-
tion on serving in an acting capacity, the Acting Director
of the National Institutes of Health as of January 12,
2000, may serve in that position until a new Director of
the National Institutes of Health is confirmed by the Sen-
ate.
SEC. 225. The National Neuroscience Research Cen-
ter to be constructed on the National Institutes of Health
Bethesda campus is hereby named the John Edward Por-
ter Neuroscience Research Center.
This title may be cited as the ‘‘Department of Health
and Human Services Appropriations Act, 2001’’.
TITLE III—DEPARTMENT OF EDUCATION
EDUCATION REFORM
For carrying out activities authorized by title IV of
the Goals 2000: Educate America Act as in effect prior
to September 30, 2000, and sections 3122, 3132, 3136,
and 3141, parts B, C, and D of title III, and section
10105 and part I of title X of the Elementary and Sec-
ondary Education Act of 1965, $1,880,710,000, of which
$38,000,000 shall be for the Goals 2000: Educate Amer-
ica Act, and of which $191,950,000 shall be for section
3122: Provided, That up to one-half of 1 percent of the
amount available under section 3132 shall be set aside for
the outlying areas, to be distributed on the basis of their
relative need as determined by the Secretary in accordance
with the purposes of the program: Provided further, That
if any State educational agency does not apply for a grant
under section 3132, that State’s allotment under section
3131 shall be reserved by the Secretary for grants to local
educational agencies in that State that apply directly to
the Secretary according to the terms and conditions pub-
lished by the Secretary in the Federal Register: Provided
further, That with respect to all funds appropriated to
carry out section 10901 et seq. in this Act, the Secretary
shall strongly encourage applications for grants that are
to be submitted jointly by a local educational agency (or
a consortium of local educational agencies) and a commu-
nity-based organization that has experience in providing
before- and after-school services and all applications sub-
mitted to the Secretary shall contain evidence that the
project contains elements that are designed to assist stu-
dents in meeting or exceeding State and local standards
in core academic subjects, as appropriate to the needs of
participating 
children: 
Provided 
further, 
That
$125,000,000, which shall become available on July 1,
2001, and remain available through September 30, 2002,
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 6 percent shall become
available October 1, 2000, and be available for evaluation,
technical assistance, school networking, peer review of ap-
plications, and program outreach activities: Provided fur-
ther, That funds made available to local educational agen-
cies under this section shall be used only for activities re-
lated to establishing smaller learning communities in high
schools: Provided further, That $46,328,000 of the funds
available to carry out section 3136 of the Elementary and
Secondary Education Act of 1965, $8,768,000 of the
funds available to carry out part B of title III of that Act
and $20,614,000 of the funds available to carry out part
I of title X of that Act shall be available for the projects
and in the amounts specified in the statement of the man-
agers on the conference report accompanying this Act.
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, $9,532,621,000, of which
$2,731,921,000 shall become available on July 1, 2001,
and shall remain available through September 30, 2002,
and of which $6,758,300,000 shall become available on
October 1, 2001 and shall remain available through Sep-
tember 30, 2002, for academic year 2001–2002: Provided,
That $7,332,721,000 shall be available for basic grants
under section 1124: Provided further, That $225,000,000
of these funds shall be allocated among the States in the
same proportion as funds are allocated among the States
under section 1122, to carry out section 1116(c): Provided
further, That 100 percent of these funds shall be allocated
by States to local educational agencies for the purposes
of carrying out section 1116(c): Provided further, That all
local educational agencies receiving an allocation under
the preceding proviso, and all other local educational agen-
cies that are within a State that receives funds under part
A of title I of the Elementary and Secondary Education
Act of 1965 (other than a local educational agency within
a State receiving a minimum grant under section 1124(d)
or 1124A(a)(1)(B) of such Act), shall provide all students
enrolled in a school identified under section 1116(c) with
the option to transfer to another public school within the
local educational agency, including a public charter school,
that has not been identified for school improvement under
section 1116(c), unless such option to transfer is prohib-
ited by State law, or local law, which includes school
board-approved local educational agency policy: Provided
further, That if the local educational agency demonstrates
to the satisfaction of the State educational agency that
the local educational agency lacks the capacity to provide
all students with the option to transfer to another public
school, and after giving notice to the parents of children
affected that it is not possible, consistent with State and
local law, to accommodate the transfer request of every
student, the local educational agency shall permit as many
students as possible (who shall be selected by the local
educational agency on an equitable basis) to transfer to
a public school that has not been identified for school im-
provement under section 1116(c): Provided further, That
up to $3,500,000 of these funds shall be available to the
Secretary on October 1, 2000, to obtain updated local edu-
cational agency level census poverty data from the Bureau
of the Census: Provided further, That $1,364,000,000
shall be available for concentration grants under section
1124A: Provided further, That grant awards under sec-
tions 1124 and 1124A of title I of the Elementary and
Secondary Education Act of 1965 shall be not less than
the greater of 100 percent of the amount each State and
local educational agency received under this authority for
fiscal year 2000 or the amount such State and local edu-
cational agency would receive if $6,883,503,000 for Basic
Grants and $1,222,397,000 for Concentration Grants
were allocated in accordance with section 1122(c)(3) of
title I: Provided further, That notwithstanding any other
provision of law, grant awards under section 1124A of
title I of the Elementary and Secondary Education Act
of 1965 shall be made to those local educational agencies
that received a Concentration Grant under the Depart-
ment of Education Appropriations Act, 2000, but are not
eligible to receive such a grant for fiscal year 2001: Pro-
vided further, That the Secretary shall not take into ac-
count the hold harmless provisions in this section in deter-
mining State allocations under any other program admin-
istered by the Secretary in any fiscal year: Provided fur-
ther, That $8,900,000 shall be available 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 $210,000,000 shall be available under sec-
tion 1002(g)(2) to demonstrate effective approaches to
comprehensive school reform to be allocated 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 further, That in carrying
out this initiative, the Secretary and the States shall sup-
port only approaches that show the most promise of ena-
bling children served by title I to meet challenging State
content standards and challenging State student perform-
ance standards based on reliable research 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,
$993,302,000, of which $882,000,000 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), $12,802,000 shall be for construction
under section 8007, $40,500,000 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: 
Provided, 
That
$6,802,000 of the funds for section 8007 shall be available
for the local educational agencies and in the amounts spec-
ified in the statement of the managers on the conference
report accompanying this Act: Provided further, That from
the amount appropriated for section 8002, the Secretary
shall treat as timely filed, and shall process for payment,
an application for a fiscal year 1999 payment from Acad-
emy School District 20, Colorado, under that section if
the Secretary has received that application not later than
30 days after the enactment of this Act: Provided further,
That the Secretary of Education shall consider the local
educational agency serving the Kadoka School District,
35–1, in South Dakota, eligible for payments under sec-
tion 8002 for fiscal year 2001 and each succeeding fiscal
year, with respect to land in Washabaugh and Jackson
Counties, South Dakota, that is owned by the Department
of Defense and used as a bombing range: Provided further,
That from the amount appropriated for section 8002, the
Secretary shall first increase the payment of any local edu-
cational agency that was denied funding or had its pay-
ment reduced under that section for fiscal year 1998 due
to section 8002(b)(1)(C) to the amount that would have
been made without the limitation of that section: Provided
further, That from the amount appropriated for section
8002, $500,000 shall be for subsection 8002( j).
SCHOOL IMPROVEMENT PROGRAMS
For carrying out school improvement activities au-
thorized by titles II, IV, V–A and B, VI, IX, X, and XIII
of the Elementary and Secondary Education Act of 1965
(‘‘ESEA’’); the McKinney-Vento Homeless Assistance
Act; and the Civil Rights Act of 1964 and part B of title
VIII of the Higher Education Amendments of 1998;
$4,872,084,000, of which $2,403,750,000 shall become
available on July 1, 2001, and remain available through
September 30, 2002, and of which $1,765,000,000 shall
become available on October 1, 2001 and shall remain
available through September 30, 2002 for academic year
2001–2002: Provided, That $485,000,000 shall be avail-
able for Eisenhower professional development State grants
under part B of title II of the Elementary and Secondary
Education Act of 1965: Provided further, That each local
educational agency shall use funds in excess of the alloca-
tion it received under such part for the preceding fiscal
year to improve teacher quality by reducing the percentage
of teachers who do not have State certification or are cer-
tified through emergency or provisional means; are teach-
ing out of field in some or all of the subject areas and
grade levels in which they teach; or who lack sufficient
content knowledge to teach effectively in the areas they
teach to obtain that knowledge: Provided further, That the
local educational agency may also use such excess funds
for: activities authorized under section 2210 of the Ele-
mentary and Secondary Education Act of 1965; mentoring
programs for new teachers; providing opportunities for
teachers to attend multi-week institutes, such as those
provided in the summer months, that provide intensive
professional development in partnership with local edu-
cational agencies; and carrying out initiatives to promote
the retention of highly qualified teachers who have a
record of success in helping low-achieving students im-
prove their academic success: Provided further, That each
State educational agency may use such excess funds to
carry out activities under section 2207 of the Elementary
and Secondary Education Act of 1965: Provided further,
That each State agency for higher education may use such
excess funds to carry out activities under section 2211 of
the Elementary and Secondary Education Act of 1965:
Provided further, That both State educational agencies
and State agencies for higher education may also use such
excess funds for multi-week institutes, such as those pro-
vided in the summer months, that provide intensive profes-
sional development in partnership with local educational
agencies; and grants to partnerships of such entities as
local educational agencies, institutions of higher edu-
cation, and private business, to recruit, and prepare, and
provide professional development to, and help retain,
school principals and superintendents, especially for such
individuals who serve, or are preparing to serve, in high-
poverty, low-performing schools and local educational
agencies: Provided further, That such activities may be un-
dertaken in consortium with other States: Provided fur-
ther, That of the funds appropriated for part B of title
II of the Elementary and Secondary Education Act of
1965, $45,000,000 shall be available to States and allo-
cated in accordance with section 2202(b) of that Act (ex-
cept that the requirements of section 2203 shall not
apply): Provided further, That notwithstanding any other
provision of law, each State shall use the amount made
available under the preceding proviso to support efforts
to meet the requirements for State eligibility for the Ed-
Flex Partnership Act of 1999 or the requirements under
section 1111 of title I of the Elementary and Secondary
Education 
Act 
of 
1965: 
Provided 
further, 
That
$44,000,000 shall be available for national activities under
section 2102 of the Elementary and Secondary Education
Act of 1965: Provided further, That of the amount avail-
able in the preceding proviso, $3,000,000 shall be made
available to the Secretary for the Troops-to-Teachers Pro-
gram for transfer to the Defense Activity for Non-Tradi-
tional Education Support of the Department of Defense:
Provided further, That the funds transferred under the
preceding proviso shall be used by the Secretary of De-
fense to administer the Troops-to-Teachers Program, in-
cluding the selection of participants in the Program under
the Troops-to-Teachers Program Act of 1999 (title XVII
of Public Law 106–65; 20 U.S.C. 9301 et seq.): Provided
further, That for purposes of sections 1702(b) and (c) of
the Troops-to-Teachers Program Act of 1999, the Sec-
retary of Education shall be the administering Secretary
and may, at the Secretary’s discretion, carry out the ac-
tivities under section 1702(c) of that Act and retain a por-
tion of the funds made available for the Troops-to-Teach-
ers Program to carry out section 1702(b) and (c) of that
Act: Provided further, That of the amount made available
under this heading for national activities under section
2102 of the Elementary and Secondary Education Act of
1965, the Secretary is authorized to use a portion of such
funds to carry out activities to improve the knowledge and
skills of early childhood educators and caregivers who
work in urban or rural communities with high concentra-
tions of young children living in poverty: Provided further,
That of the amount appropriated, $3,208,000,000 shall
be for title VI of the Elementary and Secondary Education
Act of 1965 and to carry out activities under part B of
the Individuals with Disabilities Education Act (20 U.S.C.
1411 et seq.): Provided further, That of the amount made
available for title VI, $1,623,000,000 shall be available,
notwithstanding any other provision of law, in accordance
with section 306 of this Act in order to reduce class size,
particularly in the early grades, using highly qualified
teachers to improve educational achievement for regular
and special needs children: Provided further, That of the
amount made available for title VI, $1,200,000,000 shall
be available, notwithstanding any other provision of law,
for grants for school repair and renovation, activities
under part B of the Individuals with Disabilities Edu-
cation Act (20 U.S.C. 1411 et seq.), and technology activi-
ties, in accordance with section 321 of this Act: Provided
further, That funds made available under this heading to
carry out section 6301(b) of the Elementary and Sec-
ondary Education Act of 1965 shall be available for edu-
cation reform projects that provide same gender schools
and Secondary Education Act of 1965, as amended,
$115,500,000.
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, $460,000,000: Provided, That State
educational agencies may use all, or any part of, their part
C allocation for competitive grants to local educational
agencies.
SPECIAL EDUCATION
For carrying out the Individuals with Disabilities
Education Act, $7,439,948,000, of which $2,090,452,000
shall become available for obligation on July 1, 2001, and
shall remain available through September 30, 2002, and
of which $5,072,000,000 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: Provided fur-
ther, That $1,500,000 shall be for the recipient of funds
provided 
by 
Public 
Law 
105–78 
under 
section
687(b)(2)(G) of the Act to provide information on diag-
nosis, intervention, and teaching strategies for children
with disabilities: Provided further, That $7,353,000 of the
funds for section 672 of the Act shall be available for the
projects and in the amounts specified in the statement of
the managers on the conference report accompanying this
Act.
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, $2,805,339,000: Provided, That the funds provided
for title I of the Assistive Technology Act of 1998 (‘‘the
AT Act’’) shall be allocated notwithstanding section
105(b)(1) of the AT Act: Provided further, That each
State shall be provided $50,000 for activities under section
102 of the AT Act: Provided further, That $15,000,000
shall be used to support grants for up to 3 years to States
under title III of the AT Act, of which the Federal share
shall not exceed 75 percent in the first year, 50 percent
in the second year, and 25 percent in the third year, and
that the requirements in section 301(c)(2) and section 302
of that Act shall not apply to such grants: Provided fur-
ther, That $4,600,000 of the funds for section 303 of the
Rehabilitation Act of 1973 shall be available for the
projects and in the amounts specified in the statement of
the managers on the conference report accompanying this
Act: Provided further, That $400,000 of the funds for title
II of the Rehabilitation Act of 1973 shall be for the Cere-
bral Palsy Research Foundation in Wichita, Kansas for
the establishment of a Rehabilitation Research and Train-
ing Center to study and recommend incentives for employ-
ers to hire persons with significant disabilities.
SPECIAL INSTITUTIONS FOR PERSONS WITH
DISABILITIES
AMERICAN PRINTING HOUSE FOR THE BLIND
For carrying out the Act of March 3, 1879, as
amended (20 U.S.C. 101 et seq.), $12,000,000.
NATIONAL TECHNICAL INSTITUTE FOR THE DEAF
For the National Technical Institute for the Deaf
under titles I and II of the Education of the Deaf Act
of 1986 (20 U.S.C. 4301 et seq.), $53,376,000, of which
$5,376,000 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, the Adult Education and Family Literacy Act,
and title VIII–D of the Higher Education Act of 1965,
as amended, and Public Law 102–73, $1,825,600,000, of
which $1,000,000 shall remain available until expended,
and of which $1,028,000,000 shall become available on
July 1, 2001 and shall remain available through Sep-
tember 30, 2002 and of which $791,000,000 shall become
available on October 1, 2001 and shall remain available
through September 30, 2002: Provided, That of the
amounts made available for the Carl D. Perkins Voca-
tional and Technical Education Act, $5,600,000 shall be
for tribally controlled postsecondary vocational and tech-
nical institutions under section 117: Provided further,
That $9,000,000 shall be for carrying out section 118 of
such Act: Provided further, That of the amounts made
available for the Carl D. Perkins Vocational and Technical
Education Act, $5,000,000 shall be for demonstration ac-
tivities authorized by section 207: Provided further, That
of the amount provided for Adult Education State Grants,
$70,000,000 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, notwith-
standing section 211 of the Adult Education and Family
Literacy Act, 65 percent shall be allocated to States based
on a State’s absolute need as determined by calculating
each State’s share of a 10-year average of the Immigration
and Naturalization Service data for immigrants admitted
for legal permanent residence for the 10 most recent
years, and 35 percent allocated to States that experienced
growth as measured by the average of the 3 most recent
years for which Immigration and Naturalization Service
data for immigrants admitted for legal permanent resi-
dence are available, except that no State shall be allocated
an amount less than $60,000: 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 sec-
tion 242: Provided further, That $22,000,000 shall be for
Youth Offender Grants, of which $5,000,000 shall be used
in accordance with section 601 of Public Law 102–73 as
that section was in effect prior to the enactment of Public
Law 105–220.
STUDENT FINANCIAL ASSISTANCE
For carrying out subparts 1, 3, and 4 of part A, sec-
tion 428K, part C and part E of title IV of the Higher
Education Act of 1965, as amended, $10,674,000,000,
which shall remain available through September 30, 2002.
The maximum Pell Grant for which a student shall
be eligible during award year 2001–2002 shall be $3,750:
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, and VII
of the Higher Education Act of 1965, as amended, section
1543 of the Higher Education Amendments of 1992 and
title VIII of the Higher Education Amendments of 1998,
and the Mutual Educational and Cultural Exchange Act
of 1961, $1,911,710,000, 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: Provided further, That
$15,000,000 shall be available for tribally controlled col-
leges and universities under section 316 of the Higher
Education Act of 1965, of which $5,000,000 shall be used
for construction and renovation: Provided further, That
$250,000 shall be for the Web-Based Education Commis-
sion to continue activities authorized under part J of title
VIII of the Higher Education Amendments of 1998: Pro-
vided further, That $115,487,000 of the funds for part
B of title VII of the Higher Education Act of 1965 shall
be available for the projects and in the amounts specified
in the statement of the managers on the conference report
accompanying this Act.
HOWARD UNIVERSITY
For partial support of Howard University (20 U.S.C.
121 et seq.), $232,474,000, 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,
$762,000 to carry out activities related to existing facility
loans entered into under the Higher Education Act of
1965.
HISTORICALLY BLACK COLLEGE AND UNIVERSITY
CAPITAL FINANCING PROGRAM ACCOUNT
The total amount of bonds insured pursuant to 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, $208,000.
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, parts A, B, K, and L
and sections 10102 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, $732,721,000: Provided, That of the funds appro-
priated for part A of title X of the Elementary and Sec-
ondary Education Act of 1965, as amended, $5,000,000
shall be made available for a high school reform program
of grants to State educational agencies to improve aca-
demic performance and provide technical skills training:
Provided further, That of the funds appropriated for part
A of title X of the Elementary and Secondary Education
Act of 1965, as amended, $5,000,000 shall be made avail-
able to carry out part L of title X of the Act: Provided
further, That of the amount available for part A of title
X of the Elementary and Secondary Education Act of
1965, as amended, $5,000,000 shall be available for
grants to State and local educational agencies, in collabo-
ration with other agencies and organizations, for school
dropout prevention programs designed to address the
needs of populations or communities with the highest
dropout rates: Provided further, That of the amount made
available for part A of title X of the Elementary and Sec-
ondary Education Act of 1965, as amended, $50,000,000
shall be made available to enable the Secretary of Edu-
cation to award grants to develop, implement, and
strengthen programs to teach American history (not social
studies) as a separate subject within school curricula: Pro-
vided further, That $53,000,000 of the amount available
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 and $20,000,000 of that $53,000,000 shall
be made available for the Interagency Education Research
Initiative: Provided further, That of the funds appro-
priated for part A of title X of the Elementary and Sec-
ondary Education Act, as amended, $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
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 $139,624,000 of the funds for section
10101 of the Elementary and Secondary Education Act
of 1965 shall be available for the projects and in the
amounts specified in the statement of the managers on
the conference report accompanying this Act: Provided
further, That of the funds appropriated under section
10601 of title X of the Elementary and Secondary Edu-
cation Act of 1965, as amended, $2,000,000 shall be used
to conduct a violence prevention demonstration program:
Provided further, That of the funds available for section
10601 of title X of the Elementary and Secondary Edu-
cation Act of 1965, as amended, $150,000 shall be award-
ed to the Center for Educational Technologies to complete
production and distribution of an effective CD–ROM prod-
uct that would complement the ‘‘We the People: The Cit-
izen and the Constitution’’ curriculum: Provided further,
That, of the funds for title VI of Public Law 103–227
and 
notwithstanding 
the 
provisions 
of 
section
601(c)(1)(C) of that Act, $1,200,000 shall be available to
the Center for Civic Education to conduct a civic edu-
cation program with Northern Ireland and the Republic
of Ireland and, consistent with the civics and Government
activities authorized in section 601(c)(3) of Public Law
103–227, to provide civic education assistance to democ-
racies in developing countries. The term ‘‘developing coun-
tries’’ shall have the same meaning as the term ‘‘devel-
oping country’’ in the Education for the Deaf Act.
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,
$413,184,000.
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, $76,000,000.
OFFICE OF THE INSPECTOR GENERAL
For expenses necessary for the Office of the Inspector
General, as authorized by section 212 of the Department
of Education Organization Act, $36,500,000.
GENERAL PROVISIONS
SEC. 301. No funds appropriated in this Act may be
used for the transportation of students or teachers (or for
the purchase of equipment for such transportation) in
order to overcome racial imbalance in any school or school
system, or for the transportation of students or teachers
(or for the purchase of equipment for such transportation)
in order to carry out a plan of racial desegregation of any
school or school system.
SEC. 302. None of the funds contained in this Act
shall be used to require, directly or indirectly, the 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.
(TRANSFER OF FUNDS)
SEC. 304. 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 Department of Education
in this Act may be transferred between appropriations, but
no such appropriation shall be increased by more than 3
percent by any such transfer: Provided, That the Appro-
priations Committees of both Houses of Congress are noti-
fied at least 15 days in advance of any transfer.
SEC. 305. The Comptroller General of the United
States shall evaluate the extent to which funds made avail-
able under part A of title I of the Elementary and Sec-
ondary Education Act of 1965 are allocated to schools and
local educational agencies with the greatest concentrations
of school-age children from low-income families, the extent
to which allocations of such funds adjust to shifts in con-
centrations of pupils from low-income families in different
regions, States, and substate areas, the extent to which
the allocation of such funds encourages the targeting of
State funds to areas with higher concentrations of children
from low-income families, and the implications of current
distribution methods for such funds, shall make formula
and other policy recommendations to improve the tar-
geting of such funds to more effectively serve low-income
children in both rural and urban areas, and shall prepare
interim and final reports based on the results of the study,
to be submitted to Congress not later than February 1,
2001, and April 1, 2001.
SEC. 306. (a) From the amount appropriated for title
VI of the Elementary and Secondary Education Act of
1965 in accordance with this section, the Secretary of
Education—
(1) shall make available a total of $6,000,000
to the Secretary of the Interior (on behalf of the Bu-
reau of Indian Affairs) and the outlying areas for
activities under this section; and
(2) shall allocate the remainder by providing
each State the same percentage of that remainder as
it received of the funds allocated to States under
section 307(a)(2) of the Department of Education
Appropriations Act, 1999.
(b)(1) Each State that receives funds under this sec-
tion shall distribute 100 percent of such funds to local
educational agencies, of which—
(A) 80 percent of such amount shall be allo-
cated to such local educational agencies in propor-
tion to the number of children, aged 5 to 17, who
reside in the school district served by such local edu-
cational agency from families with incomes below the
poverty line (as defined by the Office of Manage-
ment and Budget and revised annually in accordance
with section 673(2) of the Community Services
Block Grant Act (42 U.S.C. 9902(2))) applicable to
a family of the size involved for the most recent fis-
cal year for which satisfactory data are available
compared to the number of such individuals who re-
side in the school districts served by all the local
educational agencies in the State for that fiscal year;
and
(B) 20 percent of such amount shall be allo-
cated to such local educational agencies in accord-
ance with the relative enrollments of children, aged
5 to 17, in public and private nonprofit elementary
and secondary schools within the boundaries of such
agencies.
(2) Notwithstanding paragraph (1), if the award to
a local educational agency under this section is less than
the starting salary for a new fully qualified teacher in that
agency, who is certified within the State (which may in-
clude certification through State or local alternative
routes), has a baccalaureate degree, and demonstrates the
general knowledge, teaching skills, and subject matter
knowledge required to teach in his or her content areas,
that agency may use funds under this section to (A) help
pay the salary of a full- or part-time teacher hired to re-
duce class size, which may be in combination with other
Federal, State, or local funds; or (B) pay for activities
described in subsection (c)(2)(A)(iii) which may be related
to teaching in smaller classes.
(c)(1) The basic purpose and intent of this section
is to reduce class size with fully qualified teachers. Each
local educational agency that receives funds under this
section shall use such funds to carry out effective ap-
proaches to reducing class size with fully qualified teach-
ers who are certified within the State, including teachers
certified through State or local alternative routes, and who
demonstrate competency in the areas in which they teach,
to improve educational achievement for both regular and
special needs children, with particular consideration given
to reducing class size in the early elementary grades for
which some research has shown class size reduction is
most effective.
(2)(A) Each such local educational agency may use
funds under this section for—
(i) recruiting (including through the use of
signing bonuses, and other financial incentives), hir-
ing, and training fully qualified regular and special
education teachers (which may include hiring special
education teachers to team-teach with regular teach-
ers in classrooms that contain both children with
disabilities and non-disabled children) and teachers
of special-needs children who are certified within the
State, including teachers certified through State or
local alternative routes, have a baccalaureate degree
and demonstrate the general knowledge, teaching
skills, and subject matter knowledge required to
teach in their content areas;
(ii) testing new teachers for academic content
knowledge and to meet State certification require-
ments that are consistent with title II of the Higher
Education Act of 1965; and
(iii) providing professional development (which
may include such activities as those described in sec-
tion 2210 of the Elementary and Secondary Edu-
cation Act of 1965, opportunities for teachers to at-
tend multi-week institutes, such as those made avail-
able during the summer months that provide inten-
sive professional development in partnership with
local educational agencies and initiatives that pro-
mote retention and mentoring), to teachers, includ-
ing special education teachers and teachers of spe-
cial-needs children, in order to meet the goal of en-
suring that all instructional staff have the subject
matter knowledge, teaching knowledge, and teaching
skills necessary to teach effectively in the content
area or areas in which they provide instruction, con-
sistent with title II of the Higher Education Act of
1965.
(B)(i) Except as provided under clause (ii), a local
educational agency may use not more than a total of 25
percent of the award received under this section for activi-
ties described in clauses (ii) and (iii) of subparagraph (A).
(ii) A local educational agency in which 10 per-
cent or more of teachers in elementary schools, as
defined by section 14101(14) of the Elementary and
Secondary Education Act of 1965, have not met ap-
plicable State and local certification requirements
(including certification through State or local alter-
native routes), or if such requirements have been
waived, may use more than 25 percent of the funds
it receives under this section for activities described
in subparagraph (A)(iii) to help teachers who are
not certified by the State become certified, including
through State or local alternative routes, or to help
teachers affected by class size reduction who lack
sufficient content knowledge to teach effectively in
the areas they teach to obtain that knowledge, if the
local educational agency notifies the State edu-
cational agency of the percentage of the funds that
it will use for the purpose described in this clause.
(C) A local educational agency that has already re-
duced class size in the early grades to 18 or less children
(or has already reduced class size to a State or local class
size reduction goal that was in effect on the day before
the enactment of the Department of Education Appropria-
tions Act, 2000, if that State or local educational agency
goal is 20 or fewer children) may use funds received under
this section—
(i) to make further class size reductions in
grades kindergarten through 3;
(ii) to reduce class size in other grades; or
(iii) to carry out activities to improve teacher
quality including professional development.
(D) If a local educational agency has already reduced
class size in the early grades to 18 or fewer children and
intends to use funds provided under this section to carry
out professional development activities, including activities
to improve teacher quality, then the State shall make the
100
award under subsection (b) to the local educational agen-
cy.
(3) Each such agency shall use funds under this sec-
tion only to supplement, and not to supplant, State and
local funds that, in the absence of such funds, would oth-
erwise be spent for activities under this section.
(4) No funds made available under this section may
be used to increase the salaries or provide benefits, other
than participation in professional development and enrich-
ment programs, to teachers who are not hired under this
section. Funds under this section may be used to pay the
salary of teachers hired under section 307 of the Depart-
ment of Education Appropriations Act, 1999, or under
section 310 of the Department of Education Appropria-
tions Act, 2000.
(d)(1) Each State receiving funds under this section
shall report on activities in the State under this section,
consistent with section 6202(a)(2) of the Elementary and
Secondary Education Act of 1965.
(2) Each State and local educational agency receiving
funds under this section shall publicly report to parents
on its progress in reducing class size, increasing the per-
centage of classes in core academic areas taught by fully
qualified teachers who are certified within the State and
demonstrate competency in the content areas in which
101
they teach, and on the impact that hiring additional highly
qualified teachers and reducing class size, has had, if any,
on increasing student academic achievement.
(3) Each school receiving funds under this section
shall provide to parents, upon request, the professional
qualifications of their child’s teacher.
(e) If a local educational agency uses funds made
available under this section for professional development
activities, the agency shall ensure for the equitable partici-
pation of private nonprofit elementary and secondary
schools in such activities. Section 6402 of the Elementary
and Secondary Education Act of 1965 shall not apply to
other activities under this section.
(f ) A local educational agency that receives funds
under this section may use not more than 3 percent of
such funds for local administrative costs.
(g) Each local educational agency that desires to re-
ceive funds under this section shall include in the applica-
tion required under section 6303 of the Elementary and
Secondary Education Act of 1965 a description of the
agency’s program to reduce class size by hiring additional
highly qualified teachers.
(h) No funds under this section may be used to pay
the salary of any teacher hired with funds under section
307 of the Department of Education Appropriations Act,
102
1999, unless, by the start of the 2001–2002 school year,
the teacher is certified within the State (which may in-
clude certification through State or local alternative
routes) and demonstrates competency in the subject areas
in which he or she teaches.
(i) Not later than 30 days after the date of the enact-
ment of this Act, the Secretary shall provide specific noti-
fication to each local educational agency eligible to receive
funds under this part regarding the flexibility provided
under subsection (c)(2)(B)(ii) and the ability to use such
funds to carry out activities described in subsection
(c)(2)(A)(iii).
SEC. 307. Section 412 of the National Education
Statistics Act of 1994 (Public Law 103–382) is
amended—
(1) in subsection 412(c)(1), after ‘‘period of’’
and before ‘‘years,’’, by striking ‘‘3’’ and inserting
‘‘4’’; and
(2) after ‘‘expiration of such term.’’, by adding
the following new subsection:
‘‘(4) CONFORMING
PROVISION.—Members of
the Board previously granted 3 year terms, whose
terms are in effect on the date of enactment of the
Department of Education Appropriations Act, 2001,
shall have their terms extended by 1 year.’’.
103
SEC. 308. (a) Section 435(a)(2) of the Higher Edu-
cation Act of 1965 (20 U.S.C. 1085(a)(2)) is amended by
adding at the end thereof the following new subparagraph:
‘‘(D) Notwithstanding the first sentence of subpara-
graph (A), the Secretary shall restore the eligibility to par-
ticipate in a program under subpart 1 of part A, part B,
or part D of an institution that did not appeal its loss
of eligibility within 30 days of receiving notification if the
Secretary determines, on a case-by-case basis, that the in-
stitution’s failure to appeal was substantially justified
under the circumstances, and that—
‘‘(i) the institution made a timely request that
the appropriate guaranty agency correct errors in
the draft data used to calculate the institution’s co-
hort default rate;
‘‘(ii) the guaranty agency did not correct the er-
roneous data in a timely fashion; and
‘‘(iii) the institution would have been eligible if
the erroneous data had been corrected by the guar-
anty agency.’’.
(b) The amendment made by subsection (a) of this
section shall be effective for cohort default rate calcula-
tions for fiscal years 1997 and 1998.
SEC. 309. Section 439(r)(2) of the Higher Education
Act of 1965 (20 U.S.C. 1087–2(r)(2)) is amended—
104
(1) in clause (A)(i), by striking ‘‘auditors and
examiners’’ and inserting ‘‘and fix the compensation
of such auditors and examiners as may be nec-
essary’’; and
(2) by inserting at the end of subparagraph (E)
the following new subparagraph:
‘‘(F) COMPENSATION
OF
AUDITORS
AND
EXAMINERS.—
‘‘(i) RATES OF PAY.—Rates of basic
pay for all auditors and examiners ap-
pointed pursuant to subparagraph (A) may
be set and adjusted by the Secretary of the
Treasury without regard to the provisions
of chapter 51 or subchapter III of chapter
53 of title 5, United States Code.
‘‘(ii) COMPARABILITY.—
‘‘(I) IN
GENERAL.—Subject to
section 5373 of title 5, United States
Code, the Secretary of the Treasury
may provide additional compensation
and benefits to auditors and exam-
iners appointed pursuant to subpara-
graph (A) if the same type of com-
pensation or benefits are then being
provided by any agency referred to in
105
section 1206 of the Financial Institu-
tions Reform, Recovery, and Enforce-
ment Act of 1989 (12 U.S.C. 1833b)
or, if not then being provided, could
be provided by such an agency under
applicable provisions of law, rule, or
regulation.
‘‘(II) CONSULTATION.—In set-
ting and adjusting the total amount of
compensation and benefits for audi-
tors and examiners appointed pursu-
ant to subparagraph (A), the Sec-
retary of the Treasury shall consult
with, and seek to maintain com-
parability with, the agencies referred
to in section 1206 of the Financial In-
stitutions Reform, Recovery, and En-
forcement Act of 1989 (12 U.S.C.
1833b).’’.
SEC. 310. Section 117(i) of the Carl D. Perkins Vo-
cational and Technical Education Act of 1998 (20 U.S.C.
2327(i)) is amended by inserting ‘‘such sums as may be
necessary for’’ before ‘‘each of the 4 succeeding fiscal
years.’’.
106
SEC. 311. Section 432(m)(1) of the Higher Edu-
cation Act of 1965 (20 U.S.C. 1082(m)(1)) is amended—
(1) by striking clause (iv) of subparagraph (D);
and
(2) by adding at the end the following new sub-
paragraph:
‘‘(E) PERFECTION
OF
SECURITY
INTER-
ESTS IN STUDENT LOANS.—
‘‘(i) IN
GENERAL.—Notwithstanding
the provisions of any State law to the con-
trary, including the Uniform Commercial
Code as in effect in any State, a security
interest in loans made under this part, on
behalf of any eligible lender (as defined in
section 435(d)) shall attach, be perfected,
and be assigned priority in the manner
provided by the applicable State’s law for
perfection of security interests in accounts,
as such law may be amended from time to
time (including applicable transition provi-
sions). If any such State’s law provides for
a statutory lien to be created in such
loans, such statutory lien may be created
by the entity or entities governed by such
State law in accordance with the applicable
107
statutory provisions that created such a
statutory lien.
‘‘(ii) COLLATERAL DESCRIPTION.—In
addition to any other method for describ-
ing collateral in a legally sufficient manner
permitted under the laws of the State, the
description of collateral in any financing
statement filed pursuant to this subpara-
graph shall be deemed legally sufficient if
it lists such loans, or refers to records
(identifying such loans) retained by the se-
cured party or any designee of the secured
party identified in such financing state-
ment, including the debtor or any loan
servicer.
‘‘(iii) 
SALES.—Notwithstanding
clauses (i) and (ii) and any provisions of
any State law to the contrary, other than
any such State’s law providing for creation
of a statutory lien, an outright sale of
loans made under this part shall be effec-
tive and perfected automatically upon at-
tachment as defined in the Uniform Com-
mercial Code of such State.’’.
108
SEC. 312. Section 435(a)(5) of the Higher Education
Act of 1965 (20 U.S.C. 1085(a)(5)) is amended—
(1) in subparagraph (A)(i), by striking ‘‘July 1,
2002,’’ and inserting ‘‘July 1, 2004,’’; and
(2) in subparagraph (B), by striking ‘‘1999,
2000, and 2001’’ and inserting ‘‘1999 through
2003’’.
SEC. 313. From the amounts made available for the
‘‘Fund for the Improvement of Education’’ under the
heading ‘‘Education Research, Statistics, and Improve-
ment’’, $10,000,000, to remain available until expended,
shall be available to the Secretary of Education to be
transferred to the Secretary of the Interior for an award
to the National Constitution Center for construction ac-
tivities authorized under Public Law 100–433.
SEC. 314. Section 4116(b)(4) of the Elementary and
Secondary Education Act of 1965 is amended by striking
subparagraph (D) and inserting in lieu thereof: ‘‘(D) the
development and implementation of character education
and training programs that reflect the values of parents,
teachers, and local communities, and incorporate elements
of good character, including honesty, citizenship, courage,
justice, respect, personal responsibility, and trust-
worthiness; and’’.
109
SEC. 315. The Secretary of Education shall review
the nursing program operated by Graceland University in
Lamoni, Iowa, and may exercise the waiver authority pro-
vided in section 102(a)(3)(B) of the Higher Education Act
of 1965, without regard to the provisions of 34 CFR
600.7(b)(3)(ii), if the Secretary determines that such a
waiver is appropriate.
SEC. 316. Section 415 of the Higher Education Act
of 1965 is amended—
(1) in section 415A(a)(2), by striking ‘‘section
415F’’ and inserting ‘‘section 415E’’; and
(2) in section 415E, by striking 415E(c) and
inserting in lieu thereof the following:
‘‘(c) AUTHORIZED ACTIVITIES.—Each State receiv-
ing a grant under this section may use the grant funds
for—
‘‘(1) making awards that—
‘‘(A) supplement grants received under
section 415C(b)(2) by eligible students who
demonstrate financial need; or
‘‘(B) 
provide 
grants 
under 
section
415C(b)(2) to additional eligible students who
demonstrate financial need;
‘‘(2) 
providing 
scholarships 
for 
eligible
students—
110
‘‘(A) who demonstrate financial need; and
‘‘(B) who—
‘‘(i) desire to enter a program of
study leading to a career in—
‘‘(I) information technology;
‘‘(II) 
mathematics, 
computer
science, or engineering;
‘‘(III) teaching; or
‘‘(IV) another field determined
by the State to be critical to the
State’s workforce needs; or
‘‘(ii) demonstrate merit or academic
achievement; and
‘‘(3) making awards that—
‘‘(A) supplement community service work-
study awards received under section 415C(b)(2)
by eligible students who demonstrate financial
need; or
‘‘(B) provide community service work-
study awards under section 415C(b)(2) to addi-
tional eligible students who demonstrate finan-
cial need.’’.
(3) in section 415E, adding at the end the fol-
lowing new subsections:
111
‘‘(f ) SPECIAL RULE.—Notwithstanding subsection
(d), for purposes of determining a State’s share of the cost
of the authorized activities described in subsection (c), the
State shall consider only those expenditures from non-
Federal sources that exceed its total expenditures for
need-based grants, scholarships, and work-study assist-
ance for fiscal year 1999 (including any such assistance
provided under this subpart).
‘‘(g) USE OF FUNDS FOR ADMINISTRATIVE COSTS
PROHIBITED.—A State receiving a grant under this sec-
tion shall not use any of the grant funds to pay adminis-
trative costs associated with any of the authorized activi-
ties described in subsection (c).’’.
SEC. 317. (a) Section 402D of the Higher Education
Act of 1965 (20 U.S.C. 1070a–14) is amended—
(1) by redesignating subsection (c) as sub-
section (d); and
(2) by inserting after subsection (b) the fol-
lowing new subsection:
‘‘(c) SPECIAL RULE.—
‘‘(1) USE FOR STUDENT AID.—A recipient of a
grant that undertakes any of the permissible services
identified in subsection (b) may, in addition, use
such funds to provide grant aid to students. A grant
provided under this paragraph shall not exceed the
112
maximum appropriated Pell Grant or, be less than
the minimum appropriated Pell Grant, for the cur-
rent academic year. In making grants to students
under this subsection, an institution shall ensure
that adequate consultation takes place between the
student support service program office and the insti-
tution’s financial aid office.
‘‘(2) ELIGIBLE
STUDENTS.—For purposes of
receiving grant aid under this subsection, eligible
students shall be current participants in the student
support services program offered by the institution
and be—
‘‘(A) students who are in their first 2 years
of postsecondary education and who are receiv-
ing Federal Pell Grants under subpart 1; or
‘‘(B) students who have completed their
first 2 years of postsecondary education and
who are receiving Federal Pell Grants under
subpart 1 if the institution demonstrates to the
satisfaction of the Secretary that—
‘‘(i) these students are at high risk of
dropping out; and
‘‘(ii) it will first meet the needs of all
its eligible first- and second-year students
for services under this paragraph.
114
plant, non-Federal funds expended for student sup-
port services programs.’’.
(b) The amendments made by subsection (a) shall
apply with respect to student support services grants
awarded on or after the date of enactment of this Act.
SEC. 318. (a) Subparagraph (B) of section
427A(c)(4) of the Higher Education Act of 1965 (20
U.S.C. 1077a(c)(4)) is amended to read as follows:
‘‘(B)(i) For any 12-month period begin-
ning on July 1 and ending on or before June
30, 2001, the rate determined under this sub-
paragraph is determined on the preceding June
1 and is equal to—
‘‘(I) the bond equivalent rate of 52-
week Treasury bills auctioned at the final
auction held prior to such June 1; plus
‘‘(II) 3.25 percent.
‘‘(ii) For any 12-month period beginning
on July 1 of 2001 or any succeeding year, the
rate determined under this subparagraph is de-
termined on the preceding June 26 and is equal
to—
‘‘(I) the weekly average 1-year con-
stant maturity Treasury yield, as published
by the Board of Governors of the Federal
115
Reserve System, for the last calendar week
ending on or before such June 26; plus
‘‘(II) 3.25 percent.’’.
(b) Subparagraph (A) of section 455(b)(4) of such
Act (20 U.S.C. 1087e(b)(4)) is amended to read as fol-
lows:
‘‘(A)(i) For Federal Direct PLUS Loans
for which the first disbursement is made on or
after July 1, 1994, the applicable rate of inter-
est shall, during any 12-month period beginning
on July 1 and ending on or before June 30,
2001, be determined on the preceding June 1
and be equal to—
‘‘(I) the bond equivalent rate of 52-
week Treasury bills auctioned at final auc-
tion held prior to such June 1; plus
‘‘(II) 3.1 percent,
except that such rate shall not exceed 9 per-
cent.
‘‘(ii) For any 12-month period beginning
on July 1 of 2001 or any succeeding year, the
applicable rate of interest determined under
this subparagraph shall be determined on the
preceding June 26 and be equal to—
116
‘‘(I) the weekly average 1-year con-
stant maturity Treasury yield, as published
by the Board of Governors of the Federal
Reserve System, for the last calendar week
ending on or before such June 26; plus
‘‘(II) 3.1 percent,
except that such rate shall not exceed 9 per-
cent.’’.
SEC. 319. Section 1543 of the Higher Education
Amendments of 1992 (20 U.S.C. 1070 note) is amended
by adding at the end the following new subsection:
‘‘(e) DESIGNATION.—Scholarships awarded under
this section shall be known as ‘B.J. Stupak Olympic Schol-
arships’.’’.
SEC. 320. (a) Subject to subsection (c), the Secretary
of Education shall release the reversionary interests that
were retained by the United States, as part of the convey-
ance of certain real property situated in the County of
Marin, State of California, in an April 3, 1978 Quitclaim
Deed, which was filed for record on June 5, 1978, in Book
3384, at page 33, of the official Records of Marin County,
California.
(b) The Secretary shall execute the release of the re-
versionary interests under subsection (a) without consider-
ation.
117
(c) The Secretary shall execute and file in the appro-
priate office or offices a deed of release, amended deed,
or other appropriate instruments effectuating the release
of the reversionary interests under subsection (a). In all
other respects the provisions of the April 3, 1978 Quit-
claim Deed shall remain intact.
SEC. 321. (a) GRANTS
TO
NATIVE
AMERICAN
SCHOOLS AND STATE EDUCATIONAL AGENCIES.—
(1) ALLOCATION OF FUNDS.—Of the amount
made available under the heading ‘‘School improve-
ment programs’’ for grants made in accordance with
this section for school repair and renovation, activi-
ties under part B of the Individuals with Disabilities
Education Act (20 U.S.C. 1411 et seq.), and tech-
nology activities, the Secretary of Education shall
allocate—
(A) $75,000,000 for grants to impacted
local educational agencies (as defined in para-
graph (3)) for school repair, renovation, and
construction;
(B) $3,250,000 for grants to outlying
areas for school repair and renovation in high-
need schools and communities, allocated on
such basis, and subject to such terms and con-
118
ditions, as the Secretary determines appro-
priate;
(C) $25,000,000 for grants to public enti-
ties, private nonprofit entities, and consortia of
such entities, for use in accordance with sub-
part 2 of part C of title X of the Elementary
and Secondary Education Act of 1965; and
(D) the remainder to State educational
agencies in proportion to the amount each State
received under part A of title I of the Elemen-
tary and Secondary Education Act of 1965 (20
U.S.C. 6311 et seq.) for fiscal year 2000, ex-
cept that no State shall receive less than 0.5
percent of the amount allocated under this sub-
paragraph.
(2) DETERMINATION OF GRANT AMOUNT.—
(A) DETERMINATION OF WEIGHTED STU-
DENT UNITS.—For purposes of computing the
grant amounts under paragraph (1)(A) for fis-
cal year 2001, the Secretary shall determine the
results obtained by the computation made
under section 8003 of the Elementary and Sec-
ondary Education Act of 1965 (20 U.S.C.
7703) with respect to children described in sub-
section (a)(1)(C) of such section and computed
119
under subsection (a)(2)(B) of such section for
such year—
(i) for each impacted local educational
agency that receives funds under this sec-
tion; and
(ii) for all such agencies together.
(B) COMPUTATION OF PAYMENT.—For fis-
cal year 2001, the Secretary shall calculate the
amount of a grant to an impacted local edu-
cational agency by—
(i) dividing the amount described in
paragraph (1)(A) by the results of the
computation described in subparagraph
(A)(ii); and
(ii) multiplying the number derived
under clause (i) by the results of the com-
putation described in subparagraph (A)(i)
for such agency.
(3) DEFINITION.—For purposes of this section,
the term ‘‘impacted local educational agency’’
means, for fiscal year 2001—
(A) a local educational agency that receives
a basic support payment under section 8003(b)
of the Elementary and Secondary Education
120
Act of 1965 (20 U.S.C. 7703(b)) for such fiscal
year; and
(B) with respect to which the number of
children 
determined 
under 
section
8003(a)(1)(C) of such Act for the preceding
school year constitutes at least 50 percent of
the total student enrollment in the schools of
the agency during such school year.
(b) WITHIN-STATE ALLOCATIONS.—
(1) ADMINISTRATIVE COSTS.—
(A) STATE EDUCATIONAL AGENCY ADMIN-
ISTRATION.—Except as provided in subpara-
graph (B), each State educational agency may
reserve not more than 1 percent of its allocation
under subsection (a)(1)(D) for the purpose of
administering the distribution of grants under
this subsection.
(B) STATE ENTITY ADMINISTRATION.—If
the State educational agency transfers funds to
a State entity described in paragraph (2)(A),
the agency shall transfer to such entity 0.75 of
the amount reserved under this paragraph for
the purpose of administering the distribution of
grants under this subsection.
121
(2) RESERVATION FOR COMPETITIVE SCHOOL
REPAIR AND RENOVATION GRANTS TO LOCAL EDU-
CATIONAL AGENCIES.—
(A) IN GENERAL.—Subject to the reserva-
tion under paragraph (1), of the funds allocated
to a State educational agency under subsection
(a)(1)(D), the State educational agency shall
distribute 75 percent of such funds to local edu-
cational agencies or, if such State educational
agency is not responsible for the financing of
education facilities, the agency shall transfer
such funds to the State entity responsible for
the financing of education facilities (referred to
in this section as the ‘‘State entity’’) for dis-
tribution by such entity to local educational
agencies in accordance with this paragraph, to
be used, consistent with subsection (c), for
school repair and renovation.
(B) COMPETITIVE GRANTS TO LOCAL EDU-
CATIONAL AGENCIES.—
(i) IN
GENERAL.—The State edu-
cational agency or State entity shall carry
out a program of competitive grants to
local educational agencies for the purpose
described in subparagraph (A). Of the
122
total amount available for distribution to
such agencies under this paragraph, the
State educational agency or State entity,
shall, in carrying out the competition—
(I) award to high poverty local
educational 
agencies 
described 
in
clause (ii), in the aggregate, at least
an amount which bears the same rela-
tionship to such total amount as the
aggregate amount such local edu-
cational agencies received under part
A of title I of the Elementary and
Secondary Education Act of 1965 for
fiscal year 2000 bears to the aggre-
gate amount received for such fiscal
year under such part by all local edu-
cational agencies in the State;
(II) award to rural local edu-
cational agencies in the State, in the
aggregate, at least an amount which
bears the same relationship to such
total amount as the aggregate amount
such rural local educational agencies
received under part A of title I of the
Elementary and Secondary Education
123
Act of 1965 for fiscal year 2000 bears
to the aggregate amount received for
such fiscal year under such part by all
local educational agencies in the
State; and
(III) award the remaining funds
to local educational agencies not re-
ceiving an award under subclause (I)
or (II), including high poverty and
rural local educational agencies that
did not receive such an award.
(ii) HIGH
POVERTY
LOCAL
EDU-
CATIONAL AGENCIES.—A local educational
agency is described in this clause if—
(I) the percentage described in
subparagraph (C)(i) with respect to
the agency is 30 percent or greater; or
(II) the number of children de-
scribed in such subparagraph with re-
spect to the agency is at least 10,000.
(C) CRITERIA FOR AWARDING GRANTS.—
In awarding competitive grants under this para-
graph, a State educational agency or State enti-
ty shall take into account the following criteria:
124
(i) The percentage of poor children 5
to 17 years of age, inclusive, in a local
educational agency.
(ii) The need of a local educational
agency for school repair and renovation, as
demonstrated by the condition of its public
school facilities.
(iii) The fiscal capacity of a local edu-
cational agency to meet its needs for repair
and renovation of public school facilities
without assistance under this section, in-
cluding its ability to raise funds through
the use of local bonding capacity and oth-
erwise.
(iv) In the case of a local educational
agency that proposes to fund a repair or
renovation project for a charter school or
schools, the extent to which the school or
schools have access to funding for the
project through the financing methods
available to other public schools or local
educational agencies in the State.
(v) The likelihood that the local edu-
cational agency will maintain, in good con-
125
dition, any facility whose repair or renova-
tion is assisted under this section.
(D) 
POSSIBLE
MATCHING
REQUIRE-
MENT.—
(i) IN GENERAL.—A State educational
agency or State entity may require local
educational 
agencies 
to 
match 
funds
awarded under this subsection.
(ii) MATCH AMOUNT.—The amount of
a match described in clause (i) may be es-
tablished by using a sliding scale that
takes into account the relative poverty of
the population served by the local edu-
cational agency.
(3) RESERVATION FOR COMPETITIVE IDEA OR
TECHNOLOGY
GRANTS
TO
LOCAL
EDUCATIONAL
AGENCIES.—
(A) IN GENERAL.—Subject to the reserva-
tion under paragraph (1), of the funds allocated
to a State educational agency under subsection
(a)(1)(D), the State educational agency shall
distribute 25 percent of such funds to local edu-
cational agencies through competitive grant
processes, to be used for the following:
126
(i) To carry out activities under part
B of the Individuals with Disabilities Edu-
cation Act (20 U.S.C. 1411 et seq.).
(ii) For technology activities that are
carried out in connection with school repair
and renovation, including—
(I) wiring;
(II) acquiring hardware and soft-
ware;
(III) acquiring connectivity link-
ages and resources; and
(IV) acquiring microwave, fiber
optics, cable, and satellite trans-
mission equipment.
(B) 
CRITERIA
FOR
AWARDING
IDEA
GRANTS.—In 
awarding 
competitive 
grants
under subparagraph (A) to be used to carry out
activities under part B of the Individuals with
Disabilities Education Act (20 U.S.C. 1411 et
seq.), a State educational agency shall take into
account the following criteria:
(i) The need of a local educational
agency for additional funds for a student
whose individually allocable cost for ex-
penses related to the Individuals with Dis-
127
abilities Education Act substantially ex-
ceeds the State’s average per-pupil expend-
iture (as defined in section 14101(2) of the
Elementary and Secondary Education Act
of 1965 (20 U.S.C. 8801(2))).
(ii) The need of a local educational
agency for additional funds for special edu-
cation and related services under part B of
the Individuals with Disabilities Education
Act (20 U.S.C. 1411 et seq.).
(iii) The need of a local educational
agency for additional funds for assistive
technology devices (as defined in section
602 of the Individuals with Disabilities
Education Act (20 U.S.C. 1401)) or assist-
ive technology services (as so defined) for
children being served under part B of the
Individuals with Disabilities Education Act
(20 U.S.C. 1411 et seq.).
(iv) The need of a local educational
agency for additional funds for activities
under part B of the Individuals with Dis-
abilities Education Act (20 U.S.C. 1411 et
seq.) in order for children with disabilities
to make progress toward meeting the per-
128
formance goals and indicators established
by the State under section 612(a)(16) of
such Act (20 U.S.C. 1412).
(C) CRITERIA
FOR
AWARDING
TECH-
NOLOGY
GRANTS.—In awarding competitive
grants under subparagraph (A) to be used for
technology activities that are carried out in con-
nection with school repair and renovation, a
State educational agency shall take into account
the need of a local educational agency for addi-
tional funds for such activities, including the
need for the activities described in subclauses
(I) through (IV) of subparagraph (A)(ii).
(c) RULES APPLICABLE TO SCHOOL REPAIR AND
RENOVATION.—With respect to funds made available
under this section that are used for school repair and ren-
ovation, the following rules shall apply:
(1) PERMISSIBLE USES OF FUNDS.—School re-
pair and renovation shall be limited to one or more
of the following:
(A) Emergency repairs or renovations to
public school facilities only to ensure the health
and safety of students and staff, including—
129
(i) repairing, replacing, or installing
roofs, electrical wiring, plumbing systems,
or sewage systems;
(ii) repairing, replacing, or installing
heating, ventilation, or air conditioning
systems (including insulation); and
(iii) bringing public schools into com-
pliance with fire and safety codes.
(B) School facilities modifications nec-
essary to render public school facilities acces-
sible in order to comply with the Americans
with Disabilities Act of 1990 (42 U.S.C. 12101
et seq.).
(C) School facilities modifications nec-
essary to render public school facilities acces-
sible in order to comply with section 504 of the
Rehabilitation Act of 1973 (29 U.S.C. 794).
(D) Asbestos abatement or removal from
public school facilities.
(E) Renovation, repair, and acquisition
needs related to the building infrastructure of a
charter school.
(2) IMPERMISSIBLE
USES
OF
FUNDS.—No
funds received under this section may be used for—
130
(A) payment of maintenance costs in con-
nection with any projects constructed in whole
or in part with Federal funds provided under
this section;
(B) the construction of new facilities, ex-
cept for facilities for an impacted local edu-
cational agency (as defined in subsection
(a)(3)); or
(C) stadiums or other facilities primarily
used for athletic contests or exhibitions or other
events for which admission is charged to the
general public.
(3) CHARTER
SCHOOLS.—A public charter
school that constitutes a local educational agency
under State law shall be eligible for assistance under
the same terms and conditions as any other local
educational agency (as defined in section 14101(18)
of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 8801(18))).
(4) SUPPLEMENT, NOT SUPPLANT.—Excluding
the uses described in subparagraphs (B) and (C) of
paragraph (1), a local educational agency shall use
Federal funds subject to this subsection only to sup-
plement the amount of funds that would, in the ab-
sence of such Federal funds, be made available from
131
non-Federal sources for school repair and renova-
tion.
(d) SPECIAL RULE.—Each local educational agency
that receives funds under this section shall ensure that,
if it carries out repair or renovation through a contract,
any such contract process ensures the maximum number
of qualified bidders, including small, minority, and women-
owned businesses, through full and open competition.
(e) PUBLIC COMMENT.—Each local educational agen-
cy receiving funds under paragraph (2) or (3) of sub-
section (b)—
(1) shall provide parents, educators, and all
other interested members of the community the op-
portunity to consult on the use of funds received
under such paragraph;
(2) shall provide the public with adequate and
efficient notice of the opportunity described in para-
graph (1) in a widely read and distributed medium;
and
(3) shall provide the opportunity described in
paragraph (1) in accordance with any applicable
State and local law specifying how the comments
may be received and how the comments may be re-
viewed by any member of the public.
(f ) REPORTING.—
132
(1) LOCAL REPORTING.—Each local educational
agency receiving funds under subsection (a)(1)(D)
shall submit a report to the State educational agen-
cy, at such time as the State educational agency
may require, describing the use of such funds for—
(A) school repair and renovation (and con-
struction, in the case of an impacted local edu-
cational agency (as defined in subsection
(a)(3)));
(B) activities under part B of the Individ-
uals with Disabilities Education Act (20 U.S.C.
1411 et seq.); and
(C) technology activities that are carried
out in connection with school repair and renova-
tion, including the activities described in sub-
clauses 
(I) 
through 
(IV) 
of 
subsection
(b)(3)(A)(ii).
(2) STATE
REPORTING.—Each State edu-
cational agency shall submit to the Secretary of
Education, not later than December 31, 2002, a re-
port on the use of funds received under subsection
(a)(1)(D) by local educational agencies for—
(A) school repair and renovation (and con-
struction, in the case of an impacted local edu-
133
cational agency (as defined in subsection
(a)(3)));
(B) activities under part B of the Individ-
uals with Disabilities Education Act (20 U.S.C.
1411 et seq.); and
(C) technology activities that are carried
out in connection with school repair and renova-
tion, including the activities described in sub-
clauses 
(I) 
through 
(IV) 
of 
subsection
(b)(3)(A)(ii).
(3) ADDITIONAL REPORTS.—Each entity receiv-
ing funds allocated under subsection (a)(1)(A) or
(B) shall submit to the Secretary, not later than De-
cember 31, 2002, a report on its uses of funds under
this section, in such form and containing such infor-
mation as the Secretary may require.
(g) APPLICABILITY OF PART B OF IDEA.—If a local
educational agency uses funds received under this section
to carry out activities under part B of the Individuals with
Disabilities Education Act (20 U.S.C. 1411 et seq.), such
part (including provisions respecting the participation of
private school children), and any other provision of law
that applies to such part, shall apply to such use.
(h) REALLOCATION.—If a State educational agency
does not apply for an allocation of funds under subsection
134
(a)(1)(D) for fiscal year 2001, or does not use its entire
allocation for such fiscal year, the Secretary may reallo-
cate the amount of the State educational agency’s alloca-
tion (or the remainder thereof, as the case may be) to the
remaining State educational agencies in accordance with
subsection (a)(1)(D).
(i) PARTICIPATION OF PRIVATE SCHOOLS.—
(1) IN GENERAL.—Section 6402 of the Elemen-
tary and Secondary Education Act of 1965 (20
U.S.C. 7372) shall apply to subsection (b)(2) in the
same manner as it applies to activities under title VI
of such Act, except that—
(A) such section shall not apply with re-
spect to the title to any real property renovated
or repaired with assistance provided under this
section;
(B) the term ‘‘services’’ as used in section
6402 of such Act with respect to funds under
this section shall be provided only to private,
nonprofit elementary or secondary schools with
a rate of child poverty of at least 40 percent
and may include for purposes of subsection
(b)(2) only—
(i) modifications of school facilities
necessary to meet the standards applicable
135
to public schools under the Americans with
Disabilities Act of 1990 (42 U.S.C. 12101
et seq.);
(ii) modifications of school facilities
necessary to meet the standards applicable
to public schools under section 504 of the
Rehabilitation Act of 1973 (29 U.S.C.
794); and
(iii) asbestos abatement or removal
from school facilities; and
(C) notwithstanding the requirements of
section 6402(b) of the Elementary and Sec-
ondary Education Act of 1965 (20 U.S.C.
7372(b)), expenditures for services provided
using funds made available under subsection
(b)(2) shall be considered equal for purposes of
such section if the per-pupil expenditures for
services described in subparagraph (B) for stu-
dents enrolled in private nonprofit elementary
and secondary schools that have child poverty
rates of at least 40 percent are consistent with
the per-pupil expenditures under this section for
children enrolled in the public schools in the
school district of the local educational agency
receiving funds under this section.
136
(2) REMAINING FUNDS.—If the expenditure for
services described in paragraph (1)(B) is less than
the amount calculated under paragraph (1)(C) be-
cause of insufficient need for such services, the re-
mainder shall be available to the local educational
agency for renovation and repair of public school fa-
cilities.
(3) APPLICATION.—If any provision of this sec-
tion, or the application thereof, to any person or cir-
cumstances is judicially determined to be invalid, the
provisions of the remainder of the section and the
application to other persons or circumstances shall
not be affected thereby.
( j) DEFINITIONS.—For purposes of this section:
(1) CHARTER
SCHOOL.—The term ‘‘charter
school’’ has the meaning given such term in section
10310(1) of the Elementary and Secondary Edu-
cation Act of 1965 (20 U.S.C. 8066(1)).
(2) ELEMENTARY SCHOOL.—The term ‘‘elemen-
tary school’’ has the meaning given such term in
section 14101(14) of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 8801(14)).
(3) LOCAL EDUCATIONAL AGENCY.—The term
‘‘local educational agency’’ has the meaning given
such term in subparagraphs (A) and (B) of section
137
14101(18) of the Elementary and Secondary Edu-
cation Act of 1965 (20 U.S.C. 8801(18)).
(4) OUTLYING
AREA.—The term ‘‘outlying
area’’ has the meaning given such term in section
14101(21) of the Elementary and Secondary Edu-
cation Act of 1965 (20 U.S.C. 8801(21)).
(5) POOR CHILDREN AND CHILD POVERTY.—
The terms ‘‘poor children’’ and ‘‘child poverty’’ refer
to children 5 to 17 years of age, inclusive, who are
from families with incomes below the poverty line
(as defined by the Office of Management and Budg-
et and revised annually in accordance with section
673(2) of the Community Services Block Grant (42
U.S.C. 9902(2)) applicable to a family of the size in-
volved for the most recent fiscal year for which data
satisfactory to the Secretary are available.
(6) RURAL
LOCAL
EDUCATIONAL
AGENCY.—
The term ‘‘rural local educational agency’’ means a
local educational agency that the State determines is
located in a rural area using objective data and a
commonly employed definition of the term ‘‘rural’’.
(7) SECONDARY
SCHOOL.—The term ‘‘sec-
ondary school’’ has the meaning given such term in
section 14101(25) of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 8801(25)).
138
(8) STATE.—The term ‘‘State’’ means each of
the 50 States, the District of Columbia, and the
Commonwealth of Puerto Rico.
SEC. 322. (a) Part C of title X of the Elementary
and Secondary Education Act of 1965 (20 U.S.C. 8061
et seq.) is amended—
(1) by inserting after the part heading the fol-
lowing:
‘‘Subpart 1—Basic Charter School Grant Program’’;
and
(2) by adding at the end the following:
‘‘Subpart 2—Credit Enhancement Initiatives To As-
sist Charter School Facility Acquisition, Con-
struction, and Renovation
‘‘SEC. 10321. PURPOSE.
‘‘The purpose of this subpart is to provide one-time
grants to eligible entities to permit them to demonstrate
innovative credit enhancement initiatives that assist char-
ter schools to address the cost of acquiring, constructing,
and renovating facilities.
‘‘SEC. 10322. GRANTS TO ELIGIBLE ENTITIES.
‘‘(a) IN GENERAL.—The Secretary shall use 100 per-
cent of the amount available to carry out this subpart to
award not less than three grants to eligible entities having
applications approved under this subpart to demonstrate
139
innovative methods of assisting charter schools to address
the cost of acquiring, constructing, and renovating facili-
ties by enhancing the availability of loans or bond financ-
ing.
‘‘(b) GRANTEE SELECTION.—The Secretary shall
evaluate each application submitted, and shall make a de-
termination of which are sufficient to merit approval and
which are not. The Secretary shall award at least one
grant to an eligible entity described in section
10330(2)(A), at least one grant to an eligible entity de-
scribed in section 10330(2)(B), and at least one grant to
an eligible entity described in section 10330(2)(C), if ap-
plications are submitted that permit the Secretary to do
so without approving an application that is not of suffi-
cient quality to merit approval.
‘‘(c) GRANT CHARACTERISTICS.—Grants under this
subpart shall be of a sufficient size, scope, and quality so
as to ensure an effective demonstration of an innovative
means of enhancing credit for the financing of charter
school acquisition, construction, or renovation.
‘‘(d) SPECIAL RULE.—In the event the Secretary de-
termines that the funds available are insufficient to permit
the Secretary to award not less than three grants in ac-
cordance with subsections (a) through (c), such three-
grant minimum and the second sentence of subsection (b)
140
shall not apply, and the Secretary may determine the ap-
propriate number of grants to be awarded in accordance
with subsection (c).
‘‘SEC. 10323. APPLICATIONS.
‘‘(a) IN GENERAL.—To receive a grant under this
subpart, an eligible entity shall submit to the Secretary
an application in such form as the Secretary may reason-
ably require.
‘‘(b) CONTENTS.—An application under subsection
(a) shall contain—
‘‘(1) a statement identifying the activities pro-
posed to be undertaken with funds received under
this subpart, including how the applicant will deter-
mine which charter schools will receive assistance,
and how much and what types of assistance charter
schools will receive;
‘‘(2) a description of the involvement of charter
schools in the application’s development and the de-
sign of the proposed activities;
‘‘(3) a description of the applicant’s expertise in
capital market financing;
‘‘(4) a description of how the proposed activities
will leverage the maximum amount of private-sector
financing capital relative to the amount of govern-
141
ment funding used and otherwise enhance credit
available to charter schools;
‘‘(5) a description of how the applicant pos-
sesses sufficient expertise in education to evaluate
the likelihood of success of a charter school program
for which facilities financing is sought;
‘‘(6) in the case of an application submitted by
a State governmental entity, a description of the ac-
tions that the entity has taken, or will take, to en-
sure that charter schools within the State receive the
funding they need to have adequate facilities; and
‘‘(7) such other information as the Secretary
may reasonably require.
‘‘SEC. 10324. CHARTER SCHOOL OBJECTIVES.
‘‘An eligible entity receiving a grant under this sub-
part shall use the funds deposited in the reserve account
established under section 10325(a) to assist one or more
charter schools to access private sector capital to accom-
plish one or both of the following objectives:
‘‘(1) The acquisition (by purchase, lease, dona-
tion, or otherwise) of an interest (including an inter-
est held by a third party for the benefit of a charter
school) in improved or unimproved real property
that is necessary to commence or continue the oper-
ation of a charter school.
142
‘‘(2) The construction of new facilities, or the
renovation, repair, or alteration of existing facilities,
necessary to commence or continue the operation of
a charter school.
‘‘SEC. 10325. RESERVE ACCOUNT.
‘‘(a) USE OF FUNDS.—To assist charter schools to
accomplish the objectives described in section 10324, an
eligible entity receiving a grant under this subpart shall,
in accordance with State and local law, directly or indi-
rectly, alone or in collaboration with others, deposit the
funds received under this subpart (other than funds used
for administrative costs in accordance with section 10326)
in a reserve account established and maintained by the
entity for this purpose. Amounts deposited in such account
shall be used by the entity for one or more of the following
purposes:
‘‘(1) Guaranteeing, insuring, and reinsuring
bonds, notes, evidences of debt, loans, and interests
therein, the proceeds of which are used for an objec-
tive described in section 10324.
‘‘(2) Guaranteeing and insuring leases of per-
sonal and real property for an objective described in
section 10324.
‘‘(3) Facilitating financing by identifying poten-
tial lending sources, encouraging private lending,
143
and other similar activities that directly promote
lending to, or for the benefit of, charter schools.
‘‘(4) Facilitating the issuance of bonds by char-
ter schools, or by other public entities for the benefit
of charter schools, by providing technical, adminis-
trative, and other appropriate assistance (including
the recruitment of bond counsel, underwriters, and
potential investors and the consolidation of multiple
charter school projects within a single bond issue).
‘‘(b) INVESTMENT.—Funds received under this sub-
part and deposited in the reserve account shall be invested
in obligations issued or guaranteed by the United States
or a State, or in other similarly low-risk securities.
‘‘(c) REINVESTMENT OF EARNINGS.—Any earnings
on funds received under this subpart shall be deposited
in the reserve account established under subsection (a)
and used in accordance with such subsection.
‘‘SEC. 10326. LIMITATION ON ADMINISTRATIVE COSTS.
‘‘An eligible entity may use not more than 0.25 per-
cent of the funds received under this subpart for the ad-
ministrative costs of carrying out its responsibilities under
this subpart.
‘‘SEC. 10327. AUDITS AND REPORTS.
‘‘(a) 
FINANCIAL
RECORD
MAINTENANCE
AND
AUDIT.—The financial records of each eligible entity re-
144
ceiving a grant under this subpart shall be maintained in
accordance with generally accepted accounting principles
and shall be subject to an annual audit by an independent
public accountant.
‘‘(b) REPORTS.—
‘‘(1) GRANTEE ANNUAL REPORTS.—Each eligi-
ble entity receiving a grant under this subpart annu-
ally shall submit to the Secretary a report of its op-
erations and activities under this subpart.
‘‘(2) CONTENTS.—Each such annual report
shall include—
‘‘(A) a copy of the most recent financial
statements, and any accompanying opinion on
such statements, prepared by the independent
public 
accountant 
reviewing 
the 
financial
records of the eligible entity;
‘‘(B) a copy of any report made on an
audit of the financial records of the eligible en-
tity that was conducted under subsection (a)
during the reporting period;
‘‘(C) an evaluation by the eligible entity of
the effectiveness of its use of the Federal funds
provided under this subpart in leveraging pri-
vate funds;
145
‘‘(D) a listing and description of the char-
ter schools served during the reporting period;
‘‘(E) a description of the activities carried
out by the eligible entity to assist charter
schools in meeting the objectives set forth in
section 10324; and
‘‘(F) a description of the characteristics of
lenders and other financial institutions partici-
pating in the activities undertaken by the eligi-
ble entity under this subpart during the report-
ing period.
‘‘(3) SECRETARIAL
REPORT.—The Secretary
shall review the reports submitted under paragraph
(1) and shall provide a comprehensive annual report
to Congress on the activities conducted under this
subpart.
‘‘SEC. 10328. NO FULL FAITH AND CREDIT FOR GRANTEE
OBLIGATIONS.
‘‘No financial obligation of an eligible entity entered
into pursuant to this subpart (such as an obligation under
a guarantee, bond, note, evidence of debt, or loan) shall
be an obligation of, or guaranteed in any respect by, the
United States. The full faith and credit of the United
States is not pledged to the payment of funds which may
146
be required to be paid under any obligation made by an
eligible entity pursuant to any provision of this subpart.
‘‘SEC. 10329. RECOVERY OF FUNDS.
‘‘(a) IN GENERAL.—The Secretary, in accordance
with chapter 37 of title 31, United States Code, shall
collect—
‘‘(1) all of the funds in a reserve account estab-
lished by an eligible entity under section 10325(a) if
the Secretary determines, not earlier than 2 years
after the date on which the entity first received
funds under this subpart, that the entity has failed
to make substantial progress in carrying out the
purposes described in section 10325(a); or
‘‘(2) all or a portion of the funds in a reserve
account established by an eligible entity under sec-
tion 10325(a) if the Secretary determines that the
eligible entity has permanently ceased to use all or
a portion of the funds in such account to accomplish
any purpose described in section 10325(a).
‘‘(b) EXERCISE OF AUTHORITY.—The Secretary shall
not exercise the authority provided in subsection (a) to
collect from any eligible entity any funds that are being
properly used to achieve one or more of the purposes de-
scribed in section 10325(a).
147
‘‘(c) PROCEDURES.—The provisions of sections 451,
452, and 458 of the General Education Provisions Act (20
U.S.C. 1234 et seq.) shall apply to the recovery of funds
under subsection (a).
‘‘(d) CONSTRUCTION.—This section shall not be con-
strued to impair or affect the authority of the Secretary
to recover funds under part D of the General Education
Provisions Act (20 U.S.C. 1234 et seq.).
‘‘SEC. 10330. DEFINITIONS.
‘‘In this subpart:
‘‘(1) The term ‘charter school’ has the meaning
given such term in section 10310.
‘‘(2) The term ‘eligible entity’ means—
‘‘(A) a public entity, such as a State or
local governmental entity;
‘‘(B) a private nonprofit entity; or
‘‘(C) a consortium of entities described in
subparagraphs (A) and (B).
‘‘SEC. 10331. AUTHORIZATION OF APPROPRIATIONS.
‘‘For the purpose of carrying out this subpart, there
are authorized to be appropriated $100,000,000 for fiscal
year 2001.’’.
(b) Part C of title X of the Elementary and Sec-
ondary Education Act of 1965 (20 U.S.C. 8061 et seq.)
is amended in each of the following provisions by striking
148
‘‘part’’ each place such term appears and inserting ‘‘sub-
part’’:
(1) Sections 10301 through 10305.
(2) Section 10307.
(3) Sections 10309 through 10311.
SEC. 323. (a) Section 8003(b)(2)(F) of the Elemen-
tary and Secondary Education Act of 1965 (20 U.S.C.
7703(b)(2)(F)) is amended—
(1) by striking ‘‘the Secretary shall use’’ and
inserting ‘‘the Secretary—
‘‘(i) shall use’’;
(2) by striking the period at the end and insert-
ing ‘‘; and’’; and
(3) by adding at the end the following:
‘‘(ii) except as provided in subpara-
graph (C)(i)(I), shall include all of the chil-
dren described in subparagraphs (F) and
(G) of subsection (a)(1) enrolled in schools
of the local educational agency in deter-
mining (I) the eligibility of the agency for
assistance under this paragraph, and (II)
the amount of such assistance if the num-
ber of such children meet the requirements
of subsection (a)(3).’’.
149
(b) Section 8003(b)(2) of the Elementary and Sec-
ondary Education Act of 1965 (20 U.S.C. 7703(b)(2)) is
amended by adding at the end the following:
‘‘(G) DETERMINATION
OF
AVERAGE
TAX
RATES
FOR
GENERAL
FUND
PURPOSES.—For
the purpose of determining average tax rates
for general fund purposes for local educational
agencies in a State under this paragraph (ex-
cept under subparagraph (C)(i)(II)(bb)), the
Secretary shall use either—
‘‘(i) the average tax rate for general
fund purposes for comparable local edu-
cational agencies, as determined by the
Secretary in regulations; or
‘‘(ii) the average tax rate of all the
local educational agencies in the State.’’.
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
Home, to be paid from funds available in the Armed
Forces Retirement Home Trust Fund, $69,832,000, of
150
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, $303,850,000: Provided, That none of the funds made
available to the Corporation for National and Community
Service in this Act for activities authorized by part E of
title II of the Domestic Volunteer Service Act of 1973
shall be used to provide stipends or other monetary incen-
151
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: Pro-
vided further, That in addition to the amounts provided
above, $20,000,000, to remain available until expended,
shall be for digitalization, pending enactment of author-
izing legislation.
FEDERAL MEDIATION AND CONCILIATION SERVICE
SALARIES AND EXPENSES
For expenses necessary for the Federal Mediation
and Conciliation Service to carry out the functions vested
in it by the Labor Management Relations Act, 1947 (29
152
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
for expenses necessary for the Service to carry out the
functions vested in it by the Civil Service Reform Act,
Public Law 95–454 (5 U.S.C. ch. 71), $38,200,000, 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.
153
FEDERAL MINE SAFETY AND HEALTH REVIEW
COMMISSION
SALARIES AND EXPENSES
For expenses necessary for the Federal Mine Safety
and Health Review Commission (30 U.S.C. 801 et seq.),
$6,320,000.
INSTITUTE OF MUSEUM AND LIBRARY SERVICES
OFFICE OF LIBRARY SERVICES: GRANTS AND
ADMINISTRATION
For carrying out subtitle B of the Museum and Li-
brary Services Act, $207,219,000: Provided, That of the
amount provided, $1,000,000 shall be awarded to the Na-
tional Museum of Women in the Arts in Washington,
D.C., $700,000 shall be awarded to the University of
Idaho Institute for the Historic Study of Jazz, $2,600,000
shall be awarded to Southeast Missouri State University
River Campus and Museum, $900,000 shall be awarded
to the Heritage Harbor Museum in Rhode Island,
$500,000 shall be awarded to the Alaska Native Heritage
Center, $576,000 shall be awarded to the Franklin Insti-
tute in Philadelphia, $925,000 shall be awarded to the
Please Touch Museum, $250,000 shall be awarded to the
Pittsburgh Children’s Museum, $510,000 shall be award-
ed to the Temple University Library, $1,800,000 shall be
awarded to Franklin Pierce College in New Hampshire,
154
$500,000 shall be awarded to the Louisville Zoo in Ken-
tucky, $150,000 shall be awarded to the Oregon Historical
Society, $1,200,000 shall be awarded to the Mississippi
River Museum and Discovery Center in Dubuque, Iowa,
$650,000 shall be awarded to the Salisbury House Foun-
dation in Des Moines, Iowa, $150,000 shall be awarded
to the History Center for the Linn County Historical Mu-
seum in Iowa, $4,000,000 shall be awarded to the
Newsline for the Blind, of which $100,000 shall be award-
ed to the Iowa Newsline for the Blind and $100,000 shall
be awarded to the West Virginia Newsline for the Blind,
$1,000,000 shall be awarded to the Clay Center for the
Arts and Sciences, $650,000 shall be awarded to Bishops
Museum in Hawaii, $500,000 shall be awarded to the Wis-
consin Maritime Museum, $250,000 shall be awarded to
the Natural History Museum of Los Angeles, $400,000
shall be awarded to the Perkins Geology Museum at the
University of Vermont, $400,000 shall be awarded to the
Walt Whitman Cultural Arts Center in Camden, New Jer-
sey, $400,000 shall be awarded to the Plainfield Public
Library in Plainfield, New Jersey, $150,000 shall be
awarded to the Ducktown Arts District in Atlantic City,
New Jersey, $400,000 shall be awarded to the Lake
Champlain Science Center in Vermont, $250,000 shall be
awarded to the Foundation for the Arts, Music, and En-
155
tertainment of Shreveport-Bossier, Inc., $100,000 shall be
awarded to Bryant College in Rhode Island, $120,000
shall be awarded to the Fenton Historical Museum of
Jamestown, New York, $921,000 shall be awarded to the
Mariners’ Museum in Newport News, Virginia, $461,000
shall be awarded to DuPage County Children’s Museum
in Naperville, Illinois, $369,000 shall be awarded to the
National Baseball Hall of Fame Library in Cooperstown,
New York, $92,000 shall be awarded to the City of Co-
rona, Riverside, California, $6,000 shall be awarded to the
City of Murrieta, California Public Library, $1,382,000
shall be awarded to the Sierra Madre, California Public
Library, $23,000 shall be awarded to the Brooklyn Public
Library in Brooklyn, New York, $46,000 shall be awarded
to the New York Public Library Staten Island branch,
$266,000 shall be awarded to the Edward H. Nabb Re-
search Center at Salisbury State University in Salisbury,
Maryland, $461,000 shall be awarded to Texas Tech Uni-
versity, $230,000 shall be awarded to the City of Ontario,
California Public Library, $461,000 shall be awarded to
the Southern Oregon University in Ashland, Oregon,
$1,106,000 shall be awarded to Christopher Newport Uni-
versity in Newport News, Virginia, $128,000 shall be
awarded to the Nassau County Museum of Art in Roslyn
Harbor, New York, $850,000 shall be awarded to the Chil-
156
dren’s Museum of Los Angeles, $43,000 shall be awarded
to Sumter County Library in Sumter, South Carolina,
$298,000 shall be awarded to Columbia College Center for
Black Music Research in Chicago, Illinois, $723,000 shall
be awarded to Old Sturbridge Village in Sturbridge, Mas-
sachusetts, $723,000 shall be awarded to New Bedford
Whaling Museum in Massachusetts, $298,000 shall be
awarded to Mystic Seaport Museum of America and the
Sea in Connecticut, $468,000 shall be awarded to the City
of Houston Public Library, $128,000 shall be awarded to
the 
Roberson 
Museum 
and 
Science 
Center 
in
Binghampton, New York, $850,000 shall be awarded to
Berman Museum of Art at Ursinus College in Collegeville,
Pennsylvania, $680,000 shall be awarded to AMISTAD
Research Center at Tulane University, $2,125,000 shall
be awarded to Silas Bronson Library in Waterbury, Con-
necticut, $213,000 shall be awarded to Fitchburg Art Mu-
seum in Fitchburg, Massachusetts, $128,000 shall be
awarded to North Carolina Museum of Life and Science,
$2,435,000 shall be awarded to New York Public Library,
$85,000 shall be awarded to the New York Botanical Gar-
den in Bronx, New York, $170,000 shall be awarded to
George Eastman House in Rochester, New York,
$425,000 shall be awarded to The National Aviary in
Pittsburgh, Pennsylvania, $723,000 shall be awarded to
157
the George C. Page Museum in Los Angeles, California,
$461,000 shall be awarded to the Abraham Lincoln Bicen-
tennial Commission, and $410,000 shall be awarded to the
AE Seaman Mineral Museum in Houghton, Michigan.
MEDICARE PAYMENT ADVISORY COMMISSION
SALARIES AND EXPENSES
For expenses necessary to carry out section 1805 of
the Social Security Act, $8,000,000, to be transferred to
this appropriation from the Federal Hospital Insurance
and the Federal Supplementary Medical Insurance Trust
Funds.
NATIONAL COMMISSION ON LIBRARIES AND
INFORMATION SCIENCE
SALARIES AND EXPENSES
For necessary expenses for the National Commission
on Libraries and Information Science, established by the
Act of July 20, 1970 (Public Law 91–345, as amended),
$1,495,000.
NATIONAL COUNCIL ON DISABILITY
SALARIES AND EXPENSES
For expenses necessary for the National Council on
Disability as authorized by title IV of the Rehabilitation
Act of 1973, as amended, $2,615,000.
158
NATIONAL EDUCATION GOALS PANEL
For expenses necessary for the National Education
Goals Panel, as authorized by title II, part A of the Goals
2000: Educate America Act, $1,500,000.
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, $216,438,000: 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.
159
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, $10,400,000.
OCCUPATIONAL SAFETY AND HEALTH REVIEW
COMMISSION
SALARIES AND EXPENSES
For expenses necessary for the Occupational Safety
and Health Review Commission (29 U.S.C. 661),
$8,720,000.
RAILROAD RETIREMENT BOARD
DUAL BENEFITS PAYMENTS ACCOUNT
For payment to the Dual Benefits Payments 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-
160
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 $5,700,000, to be derived from
the railroad retirement accounts and railroad unemploy-
ment insurance account: Provided, That none of the funds
161
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
162
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,
$23,043,000,000, to remain available until expended: Pro-
vided, That any portion of the funds provided to a State
in the current fiscal year and not obligated by the State
during that year shall be returned to the Treasury.
In addition, $210,000,000, to remain available until
September 30, 2002, for payment to the Social Security
trust funds for administrative expenses for continuing dis-
ability reviews as authorized by section 103 of Public Law
104–121 and section 10203 of Public Law 105–33. The
term ‘‘continuing disability reviews’’ means reviews and
redeterminations as defined under section 201(g)(1)(A) of
the Social Security Act, as amended.
For making, after June 15 of the current fiscal year,
benefit payments to individuals under title XVI of the So-
cial Security Act, for unanticipated costs incurred for the
current fiscal year, such sums as may be necessary.
163
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
$6,583,000,000 may be expended, as authorized by sec-
tion 201(g)(1) of the Social Security Act, from any one
or all of the trust funds referred to therein: Provided, That
not less than $1,800,000 shall be for the Social Security
Advisory Board: Provided further, That unobligated bal-
ances at the end of fiscal year 2001 not needed for fiscal
year 2001 shall remain available until expended to invest
in the Social Security Administration information tech-
nology and telecommunications hardware and software in-
frastructure, including related equipment and non-payroll
administrative expenses associated solely with this infor-
mation technology and telecommunications infrastructure:
Provided further, That reimbursement to the trust funds
under this heading for expenditures for official time for
employees of the Social Security Administration pursuant
to section 7131 of title 5, United States Code, and for
facilities or support services for labor organizations pursu-
ant to policies, regulations, or procedures referred to in
164
section 7135(b) of such title shall be made by the Sec-
retary of the Treasury, with interest, from amounts in the
general fund not otherwise appropriated, as soon as pos-
sible after such expenditures are made.
From funds provided under the previous paragraph,
notwithstanding the provision under this heading in Public
Law 106–113 regarding unobligated balances at the end
of fiscal year 2000 not needed for such fiscal year, an
amount not to exceed $50,000,000 from such unobligated
balances shall, in addition to funding already available
under this heading for fiscal year 2001, be available for
necessary expenses.
From funds provided under the first paragraph, not
less than $200,000,000 shall be available for conducting
continuing disability reviews.
In addition to funding already available under this
heading, and subject to the same terms and conditions,
$450,000,000, to remain available until September 30,
2002, for continuing disability reviews as authorized by
section 103 of Public Law 104–121 and section 10203 of
Public Law 105–33. The term ‘‘continuing disability re-
views’’ means reviews and redeterminations as defined
under section 201(g)(1)(A) of the Social Security Act, as
amended.
165
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)
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.
From funds provided under the first paragraph, up
to $6,000,000 shall be available for implementation, devel-
opment, evaluation, and other costs associated with ad-
ministration of section 302 of the Ticket to Work and
Work Incentives Improvement Act.
OFFICE OF INSPECTOR GENERAL
(INCLUDING TRANSFER OF FUNDS)
For expenses necessary for the Office of Inspector
General in carrying out the provisions of the Inspector
General Act of 1978, as amended, $16,944,000, together
with not to exceed $52,500,000, to be transferred and ex-
166
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-
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.
167
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-
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-