In the Senate of the United States,
June 30, 2000.
Resolved, That the bill from the House of Representa-
tives (H.R. 4577) entitled ‘‘An Act 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.’’, do pass with
the following
AMENDMENT:
Strike out all after the enacting clause and insert:
DIVISION A—DEPARTMENTS OF LABOR, HEALTH
AND HUMAN SERVICES, AND EDUCATION,
AND RELATED AGENCIES
That the following sums are appropriated, out of any
money in the Treasury not otherwise appropriated, for the
Departments of Labor, Health and Human Services, and
Education, and related agencies for the fiscal year ending
September 30, 2001, and for other purposes, namely:
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TITLE I—DEPARTMENT OF LABOR
EMPLOYMENT AND TRAINING ADMINISTRATION
TRAINING AND EMPLOYMENT SERVICES
For necessary expenses of the Workforce Investment
Act, including the purchase and hire of passenger motor
vehicles, the construction, alteration, and repair of build-
ings and other facilities, and the purchase of real property
for training centers as authorized by the Workforce Invest-
ment Act and the National Skill Standards Act of 1994;
$2,990,141,000 
plus 
reimbursements, 
of 
which
$1,718,801,000 is available for obligation for the period
July 1, 2001 through June 30, 2002, of which
$1,250,965,000 is available for obligation for the period
April 1, 2001 through June 30, 2002, including
$1,000,965,000 to carry out chapter 4 of the Workforce In-
vestment Act and $250,000,000 to carry out section 169 of
such Act; and of which $20,375,000 is available for the pe-
riod July 1, 2001 through June 30, 2004 for necessary ex-
penses of construction, rehabilitation, and acquisition of
Job Corps centers: Provided, That $9,098,000 shall be for
carrying out section 172 of the Workforce Investment Act,
and $3,500,000 shall be for carrying out the National Skills
Standards Act of 1994: Provided further, That no funds
from any other appropriation shall be used to provide meal
services at or for Job Corps centers: Provided further, That
HR 4577 EAS
funds provided to carry out section 171(d) of such Act may
be used for demonstration projects that provide assistance
to new entrants in the workforce and incumbent workers:
Provided further, That funding provided to carry out
projects under section 171 of the Workforce Investment Act
of 1998 that are identified in the Conference Agreement,
shall not be subject to the requirements of section
171(b)(2)(B) of such Act, the requirements of section
171(c)(4)(D) of such Act, or the joint funding requirements
of sections 171(b)(2)(A) and 171(c)(4)(A) of such Act: Pro-
vided further, That funding appropriated herein for Dis-
located Worker Employment and Training Activities under
section 132(a)(2)(A) of the Workforce Investment Act of
1998 may be distributed for Dislocated Worker Projects
under section 171(d) of the Act without regard to the 10
percent limitation contained in section 171(d) of the Act.
For necessary expenses of the Workforce Investment
Act, including the purchase and hire of passenger motor
vehicles, the construction, alteration, and repair of build-
ings and other facilities, and the purchase of real property
for training centers as authorized by the Workforce Invest-
ment Act; $2,463,000,000 plus reimbursements, of which
$2,363,000,000 is available for obligation for the period Oc-
tober 1, 2001 through June 30, 2002, and of which
$100,000,000 is available for the period October 1, 2001
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through June 30, 2004, for necessary expenses of construc-
tion, rehabilitation, and acquisition of Job Corps centers.
COMMUNITY SERVICE EMPLOYMENT FOR OLDER AMERICANS
To carry out the activities for national grants or con-
tracts with public agencies and public or private nonprofit
organizations under paragraph (1)(A) of section 506(a) of
title V of the Older Americans Act of 1965, as amended,
or to carry out older worker activities as subsequently au-
thorized, $343,356,000.
To carry out the activities for grants to States under
paragraph (3) of section 506(a) of title V of the Older Amer-
icans Act of 1965, as amended, or to carry out older worker
activities as subsequently authorized, $96,844,000.
FEDERAL UNEMPLOYMENT BENEFITS AND ALLOWANCES
For payments during the current fiscal year of trade
adjustment benefit payments and allowances under part I;
and for training, allowances for job search and relocation,
and related State administrative expenses under part II,
subchapters B and D, chapter 2, title II of the Trade Act
of 1974, as amended, $406,550,000, together with such
amounts as may be necessary to be charged to the subse-
quent appropriation for payments for any period subse-
quent to September 15 of the current year.
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STATE UNEMPLOYMENT INSURANCE AND EMPLOYMENT
SERVICE OPERATIONS
For authorized administrative expenses, $153,452,000,
together with not to exceed $3,095,978,000 (including not
to exceed $1,228,000 which may be used for amortization
payments to States which had independent retirement plans
in their State employment service agencies prior to 1980),
which may be expended from the Employment Security Ad-
ministration account in the Unemployment Trust Fund in-
cluding the cost of administering section 51 of the Internal
Revenue Code of 1986, as amended, section 7(d) of the Wag-
ner-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 nec-
essary 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 auto-
mation acquisitions shall be available for obligation by the
States through September 30, 2003; and of which
$153,452,000, together with not to exceed $763,283,000 of
the amount which may be expended from said trust fund,
shall be available for obligation for the period July 1, 2001
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through June 30, 2002, to fund activities under the Act of
June 6, 1933, as amended, including the cost of penalty
mail authorized under 39 U.S.C. 3202(a)(1)(E) made
available to States in lieu of allotments for such purpose:
Provided, That to the extent that the Average Weekly In-
sured Unemployment (AWIU) for fiscal year 2001 is pro-
jected by the Department of Labor to exceed 2,396,000, an
additional $28,600,000 shall be available for obligation for
every 100,000 increase in the AWIU level (including a pro
rata amount for any increment less than 100,000) from the
Employment Security Administration Account of the Un-
employment Trust Fund: Provided further, That funds ap-
propriated in this Act which are used to establish a na-
tional one-stop career center system, or which are used to
support the national activities of the Federal-State unem-
ployment insurance programs, may be obligated in con-
tracts, grants or agreements with non-State entities: Pro-
vided 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, notwith-
standing cost allocation principles prescribed under Office
of Management and Budget Circular A–87.
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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 So-
cial Security Act, as amended, and to the Black Lung Dis-
ability 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 allow-
ances’’ account, to remain available until September 30,
2002, $435,000,000.
In addition, for making repayable advances to the
Black Lung Disability Trust Fund in the current fiscal
year after September 15, 2001, for costs incurred by the
Black Lung Disability Trust Fund in the current fiscal
year, such sums as may be necessary.
PROGRAM ADMINISTRATION
For expenses of administering employment and train-
ing programs, $107,651,000, 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, together
with not to exceed $48,507,000, which may be expended
from the Employment Security Administration account in
the Unemployment Trust Fund.
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PENSION AND WELFARE BENEFITS ADMINISTRATION
SALARIES AND EXPENSES
For necessary expenses for the Pension and Welfare
Benefits Administration, $103,342,000.
PENSION BENEFIT GUARANTY CORPORATION
PENSION BENEFIT GUARANTY CORPORATION FUND
The Pension Benefit Guaranty Corporation is author-
ized to make such expenditures, including financial assist-
ance authorized by section 104 of Public Law 96–364, with-
in 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 fur-
ther, That expenses of such Corporation in connection with
the termination of pension plans, for the acquisition, pro-
tection or management, and investment of trust assets, and
for benefits administration services shall be considered as
non-administrative expenses for the purposes hereof, and ex-
cluded from the above limitation.
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EMPLOYMENT STANDARDS ADMINISTRATION
SALARIES AND EXPENSES
For necessary expenses for the Employment Standards
Administration, including reimbursement to State, Federal,
and local agencies and their employees for inspection serv-
ices rendered, $350,779,000, together with $1,985,000 which
may be expended from the Special Fund in accordance with
sections 39(c), 44(d) and 44(j) of the Longshore and Harbor
Workers’ Compensation Act: Provided, That $2,000,000
shall be for the development of an alternative system for
the electronic submission of reports required to be filed
under the Labor-Management Reporting and Disclosure Act
of 1959, as amended, and for a computer database of the
information for each submission by whatever means, that
is indexed and easily searchable by the public via the Inter-
net: Provided further, That the Secretary of Labor is au-
thorized to accept, retain, and spend, until expended, in
the name of the Department of Labor, all sums of money
ordered to be paid to the Secretary of Labor, in accordance
with the terms of the Consent Judgment in Civil Action
No. 91–0027 of the United States District Court for the Dis-
trict of the Northern Mariana Islands (May 21, 1992): Pro-
vided further, That the Secretary of Labor is authorized to
establish and, in accordance with 31 U.S.C. 3302, collect
and deposit in the Treasury fees for processing applications
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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 Sea-
sonal 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, chap-
ter 81 of the United States Code; continuation of benefits
as provided for under the heading ‘‘Civilian War Benefits’’
in the Federal Security Agency Appropriation Act, 1947;
the Employees’ Compensation Commission Appropriation
Act, 1944; sections 4(c) and 5(f) of the War Claims Act
of 1948 (50 U.S.C. App. 2012); and 50 percent of the addi-
tional 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 ap-
propriation for the payment of compensation and other ben-
efits for any period subsequent to August 15 of the current
year: Provided, That amounts appropriated may be used
under section 8104 of title 5, United States Code, by the
Secretary of Labor to reimburse an employer, who is not
HR 4577 EAS
the employer at the time of injury, for portions of the salary
of a reemployed, disabled beneficiary: Provided further,
That balances of reimbursements unobligated on September
30, 2000, shall remain available until expended for the pay-
ment of compensation, benefits, and expenses: Provided fur-
ther, That in addition there shall be transferred to this ap-
propriation from the Postal Service and from any other cor-
poration or instrumentality required under section 8147(c)
of title 5, United States Code, to pay an amount for its
fair share of the cost of administration, such sums as the
Secretary determines to be the cost of administration for
employees of such fair share entities through September 30,
2001: Provided further, That of those funds transferred to
this account from the fair share entities to pay the cost of
administration, $30,510,000 shall be made available to the
Secretary as follows: (1) for the operation of and enhance-
ment to the automated data processing systems, including
document imaging, medical bill review, and periodic roll
management, in support of Federal Employees’ Compensa-
tion Act administration, $19,971,000; (2) for conversion to
a paperless office, $7,005,000; (3) for communications rede-
sign, $750,000; (4) for information technology maintenance
and support, $2,784,000; and (5) the remaining funds shall
be paid into the Treasury as miscellaneous receipts: Pro-
vided further, That the Secretary may require that any per-
HR 4577 EAS
son 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 iden-
tifying information (including Social Security account
number) as such regulations may prescribe.
BLACK LUNG DISABILITY TRUST FUND
(INCLUDING TRANSFER OF FUNDS)
Beginning in fiscal year 2001 and thereafter, such
sums as may be necessary from the Black Lung Disability
Trust Fund, to remain available until expended, for pay-
ment of all benefits authorized by section 9501(d)(1) (2) (4)
and (7) of the Internal Revenue Code of 1954, as amended;
and interest on advances as authorized by section
9501(c)(2) of that Act. In addition, the following amounts
shall be available from the Fund for fiscal year 2001 for
expenses of operation and administration of the Black Lung
Benefits program as authorized by section 9501(d)(5) of
that Act: $30,393,000 for transfer to the Employment
Standards Administration, ‘‘Salaries and Expenses’’;
$21,590,000 for transfer to Departmental Management,
‘‘Salaries and Expenses’’; $318,000 for transfer to Depart-
mental Management, ‘‘Office of Inspector General’’; and
$356,000 for payments into Miscellaneous Receipts for the
expenses of the Department of Treasury.
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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 Oc-
cupational Safety and Health Act, which grants shall be
no less than 50 percent of the costs of State occupational
safety and health programs required to be incurred under
plans approved by the Secretary under section 18 of the
Occupational Safety and Health Act of 1970; and, in addi-
tion, notwithstanding 31 U.S.C. 3302, the Occupational
Safety and Health Administration may retain up to
$750,000 per fiscal year of training institute course tuition
fees, otherwise authorized by law to be collected, and may
utilize such sums for occupational safety and health train-
ing and education grants: Provided, That of the amount
appropriated under this heading that is in excess of the
amount appropriated for such purposes for fiscal year 2000,
at least $22,200,000 shall be used to carry out education,
training, and consultation activities as described in sub-
sections (c) and (d) of section 21 of the Occupational Safety
and Health Act of 1970 (29 U.S.C. 670(c) and (d)): Pro-
vided further, That, notwithstanding 31 U.S.C. 3302, the
Secretary of Labor is authorized, during the fiscal year end-
HR 4577 EAS
ing September 30, 2001, to collect and retain fees for serv-
ices provided to Nationally Recognized Testing Labora-
tories, and may utilize such sums, in accordance with the
provisions of 29 U.S.C. 9a, to administer national and
international laboratory recognition programs that ensure
the safety of equipment and products used by workers in
the workplace: Provided further, That none of the funds ap-
propriated under this paragraph shall be obligated or ex-
pended to prescribe, issue, administer, or enforce any stand-
ard, rule, regulation, or order under the Occupational Safe-
ty and Health Act of 1970 which is applicable to any per-
son who is engaged in a farming operation which does not
maintain a temporary labor camp and employs 10 or fewer
employees: Provided further, That no funds appropriated
under this paragraph shall be obligated or expended to ad-
minister or enforce any standard, rule, regulation, or order
under the Occupational Safety and Health Act of 1970 with
respect to any employer of 10 or fewer employees who is
included within a category having an occupational injury
lost workday case rate, at the most precise Standard Indus-
trial 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 Bu-
reau of Labor Statistics, in accordance with section 24 of
that Act (29 U.S.C. 673), except—
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(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 citation
for violations found during such inspection, and to
assess a penalty for violations which are not corrected
within a reasonable abatement period and for any
willful violations found;
(3) to take any action authorized by such Act
with respect to imminent dangers;
(4) to take any action authorized by such Act
with respect to health hazards;
(5) to take any action authorized by such Act
with respect to a report of an employment accident
which is fatal to one or more employees or which re-
sults in hospitalization of two or more employees, and
to take any action pursuant to such investigation au-
thorized 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
HR 4577 EAS
does not maintain a temporary labor camp and employs
10 or fewer employees.
MINE SAFETY AND HEALTH ADMINISTRATION
SALARIES AND EXPENSES
For necessary expenses for the Mine Safety and Health
Administration, $244,747,000, including purchase and be-
stowal of certificates and trophies in connection with mine
rescue and first-aid work, and the hire of passenger motor
vehicles; including up to $1,000,000 for mine rescue and
recovery activities, which shall be available only to the ex-
tent that fiscal year 2001 obligations for these activities ex-
ceed $1,000,000; in addition, not to exceed $750,000 may
be collected by the National Mine Health and Safety Acad-
emy for room, board, tuition, and the sale of training mate-
rials, 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 addi-
tion, the Administration may retain up to $1,000,000 from
fees collected for the approval and certification of equip-
ment, materials, and explosives for use in mines, and may
utilize such sums for such activities; the Secretary is au-
thorized to accept lands, buildings, equipment, and other
contributions from public and private sources and to pros-
ecute projects in cooperation with other agencies, Federal,
State, or private; the Mine Safety and Health Administra-
HR 4577 EAS
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 Statis-
tics, including advances or reimbursements to State, Fed-
eral, and local agencies and their employees for services ren-
dered, 
$369,327,000, 
together 
with 
not 
to 
exceed
$67,257,000, which may be expended from the Employment
Security Administration account in the Unemployment
Trust Fund; and $10,000,000 which shall be available for
obligation for the period July 1, 2001 through June 30,
2002, for Occupational Employment Statistics.
DEPARTMENTAL MANAGEMENT
SALARIES AND EXPENSES
For necessary expenses for Departmental Management,
including the hire of three sedans, and including the man-
agement or operation, through contracts, grants or other ar-
rangements, of Departmental bilateral and multilateral for-
eign technical assistance, of which the funds designated to
HR 4577 EAS
carry out bilateral assistance under the international child
labor initiative shall be available for obligation through
September 30, 2002, $30,000,000 for the acquisition of De-
partmental information technology, architecture, infra-
structure, equipment, software and related needs which will
be allocated by the Department’s Chief Information Officer
in accordance with the Department’s capital investment
management process to assure a sound investment strategy;
$337,964,000: Provided, That no funds made available by
this Act may be used by the Solicitor of Labor to participate
in a review in any United States court of appeals of any
decision made by the Benefits Review Board under section
21 of the Longshore and Harbor Workers’ Compensation Act
(33 U.S.C. 921) where such participation is precluded by
the decision of the United States Supreme Court in Direc-
tor, Office of Workers’ Compensation Programs v. Newport
News Shipbuilding, 115 S. Ct. 1278 (1995), notwith-
standing any provisions to the contrary contained in Rule
15 of the Federal Rules of Appellate Procedure: Provided
further, That no funds made available by this Act may be
used by the Secretary of Labor to review a decision under
the Longshore and Harbor Workers’ Compensation Act (33
U.S.C. 901 et seq.) that has been appealed and that has
been pending before the Benefits Review Board for more
than 12 months: Provided further, That any such decision
HR 4577 EAS
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 provi-
sions 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 leader-
ship, develop policy and initiatives, and award grants fur-
thering 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 Pub-
lic Law 103–353, and which shall be available for obliga-
tion by the States through December 31, 2001. To carry
out the Stewart B. McKinney Homeless Assistance Act and
HR 4577 EAS
section 168 of the Workforce Investment Act of 1998,
$19,800,000, of which $7,300,000 shall be available for obli-
gation 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 Gen-
eral 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 Un-
employment Trust Fund.
GENERAL PROVISIONS
SEC. 101. None of the funds appropriated in this title
for the Job Corps shall be used to pay the compensation
of an individual, either as direct costs or any proration
as an indirect cost, at a rate in excess of Executive Level
II.
(TRANSFER OF FUNDS)
SEC. 102. Not to exceed 1 percent of any discretionary
funds (pursuant to the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended) which are appro-
priated for the current fiscal year for the Department of
Labor in this Act may be transferred between appropria-
tions, 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.
HR 4577 EAS
SEC. 103. EXTENDED DEADLINE FOR EXPENDITURE.
Section 403(a)(5)(C)(viii) of the Social Security Act (42
U.S.C. 603(a)(5)(C)(viii)) (as amended by section 806(b)
of the Departments of Labor, Health and Human Services,
and Education, and Related Agencies Appropriations Act,
2000 (as enacted into law by section 1000(a)(4) of Public
Law 106–113)) is amended by striking ‘‘3 years’’ and in-
serting ‘‘5 years’’.
SEC. 104. ELIMINATION OF SET-ASIDE OF PORTION OF
WELFARE-TO-WORK FUNDS FOR PERFORMANCE BONUSES.
(a) IN GENERAL.—Section 403(a)(5) of the Social Security
Act (as amended by section 806(b) of the Departments of
Labor, Health and Human Services, and Education, and
Related Agencies Appropriations Act, 2000 (as enacted into
law by section 1000(a)(4) of Public Law 106–113)) is
amended by striking subparagraph (E) and redesignating
subparagraphs (F) through (K) as subparagraphs (E)
through (J), respectively.
(b) CONFORMING AMENDMENTS.—The Social Security
Act (as amended by section 806(b) of the Departments of
Labor, Health and Human Services, and Education, and
Related Agencies Appropriations Act, 2000 (as enacted into
law by section 1000(a)(4) of Public Law 106–113)) is fur-
ther amended as follows:
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(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) 
FUNDING
AMENDMENT.—Section
403(a)(5)(H)(i)(II) 
of 
such 
Act 
(42 
U.S.C.
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603(a)(5)(H)(i))(II) (as redesignated by subsection (a) of
this section and as amended by section 806(b) of the De-
partments of Labor, Health and Human Services, and Edu-
cation, and Related Agencies Appropriations Act, 2000 (as
enacted into law by section 1000(a)(4) of Public Law 106–
113)) is further amended by striking ‘‘$1,450,000,000’’ and
inserting ‘‘$1,400,000,000’’.
(d) EFFECTIVE DATE.—The amendments made by
subsections (a), (b), and (c) of this section shall take effect
on October 1, 2000.
SEC. 105. None of the funds made available in this
Act may be used by the Occupational Safety and Health
Administration to promulgate, issue, implement, admin-
ister, or enforce any proposed, temporary, or final standard
on ergonomic protection.
TITLE II—DEPARTMENT OF HEALTH AND
HUMAN SERVICES
HEALTH RESOURCES AND SERVICES ADMINISTRATION
HEALTH RESOURCES AND SERVICES
For carrying out titles II, III, VII, VIII, X, XII, XIX,
and XXVI of the Public Health Service Act, section 427(a)
of the Federal Coal Mine Health and Safety Act, title V
and section 1820 of the Social Security Act, the Health Care
Quality Improvement Act of 1986, as amended, and the Na-
tive Hawaiian Health Care Act of 1988, as amended,
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$4,572,424,000, of which $150,000 shall remain available
until expended for interest subsidies on loan guarantees
made prior to fiscal year 1981 under part B of title VII
of the Public Health Service Act, of which $10,000,000 shall
be available for the construction and renovation of health
care and other facilities, of which $25,000,000 from general
revenues, notwithstanding section 1820(j) of the Social Se-
curity Act, shall be available for carrying out the Medicare
rural hospital flexibility grants program under section 1820
of such Act, and of which $4,000,000 shall be provided to
the Rural Health Outreach Office of the Health Resources
and Services Administration for the awarding of grants to
community partnerships in rural areas for the purchase of
automated external defibrillators and the training of indi-
viduals in basic cardiac life support: Provided, That the
Division of Federal Occupational Health may utilize per-
sonal services contracting to employ professional manage-
ment/administrative and occupational health professionals:
Provided further, That of the funds made available under
this heading, $250,000 shall be available until expended for
facilities renovations at the Gillis W. Long Hansen’s Dis-
ease Center: Provided further, That in addition to fees au-
thorized by section 427(b) of the Health Care Quality Im-
provement Act of 1986, fees shall be collected for the full
disclosure of information under the Act sufficient to recover
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the full costs of operating the National Practitioner Data
Bank, and shall remain available until expended to carry
out that Act: Provided further, That fees collected for the
full disclosure of information under the ‘‘Health Care
Fraud and Abuse Data Collection Program’’, authorized by
section 221 of the Health Insurance Portability and Ac-
countability Act of 1996, shall be sufficient to recover the
full costs of operating the Program, and shall remain avail-
able to carry out that Act until expended: Provided further,
That no more than $5,000,000 is available for carrying out
the provisions of Public Law 104–73: Provided further,
That of the funds made available under this heading,
$253,932,000 shall be for the program under title X of the
Public Health Service Act to provide for voluntary family
planning projects: Provided further, That amounts provided
to said projects under such title shall not be expended for
abortions, that all pregnancy counseling shall be nondirec-
tive, and that such amounts shall not be expended for any
activity (including the publication or distribution of lit-
erature) that in any way tends to promote public support
or opposition to any legislative proposal or candidate for
public office: Provided further, That $538,000,000 shall be
for State AIDS Drug Assistance Programs authorized by
section 2616 of the Public Health Service Act.
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RICKY RAY HEMOPHILIA RELIEF FUND PROGRAM
For payment to the Ricky Ray Hemophilia Relief
Fund, as provided by Public Law 105–369, $85,000,000,
of which $10,000,000 shall be for program management.
HEALTH EDUCATION ASSISTANCE LOANS PROGRAM
ACCOUNT
Such sums as may be necessary to carry out the pur-
pose of the program, as authorized by title VII of the Public
Health Service Act, as amended. For administrative ex-
penses to carry out the guaranteed loan program, including
section 709 of the Public Health Service Act, $3,679,000.
VACCINE INJURY COMPENSATION PROGRAM TRUST FUND
For payments from the Vaccine Injury Compensation
Program Trust Fund, such sums as may be necessary for
claims associated with vaccine-related injury or death with
respect to vaccines administered after September 30, 1988,
pursuant to subtitle 2 of title XXI of the Public Health
Service Act, to remain available until expended: Provided,
That for necessary administrative expenses, not to exceed
$2,992,000 shall be available from the Trust Fund to the
Secretary of Health and Human Services.
CENTERS FOR DISEASE CONTROL AND PREVENTION
DISEASE CONTROL, RESEARCH, AND TRAINING
To carry out titles II, III, VII, XI, XV, XVII, XIX
and XXVI of the Public Health Service Act, sections 101,
102, 103, 201, 202, 203, 301, and 501 of the Federal Mine
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Safety and Health Act of 1977, sections 20, 21, and 22 of
the Occupational Safety and Health Act of 1970, title IV
of the Immigration and Nationality Act and section 501
of the Refugee Education Assistance Act of 1980; including
insurance of official motor vehicles in foreign countries; and
hire, 
maintenance, 
and 
operation 
of 
aircraft,
$3,204,496,000, of which $20,000,000 shall be made avail-
able to carry out children’s asthma programs and
$4,000,000 of such $20,000,000 shall be utilized to carry
out improved asthma surveillance and tracking systems and
the remainder shall be used to carry out diverse community-
based childhood asthma programs including both school-
and community-based grant programs, except that not to
exceed 5 percent of such funds may be used by the Centers
for Disease Control and Prevention for administrative costs
or reprogramming, and of which $175,000,000 shall remain
available until expended for the facilities master plan for
equipment and construction and renovation of facilities,
and in addition, such sums as may be derived from author-
ized user fees, which shall be credited to this account, and
of which $25,000,000 shall be made available through such
Centers for the establishment of partnerships between the
Federal Government and academic institutions and State
and local public health departments to carry out pilot pro-
grams for antimicrobial resistance detection, surveillance,
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education and prevention and to conduct research on resist-
ance mechanisms and new or more effective antimicrobial
compounds, and of which $10,000,000 shall remain avail-
able until expended to carry out the Fetal Alcohol Syn-
drome prevention and services program: Provided, That in
addition to amounts provided herein, up to $91,129,000
shall be available from amounts available under section 241
of the Public Health Service Act: Provided further, That
none of the funds made available for injury prevention and
control at the Centers for Disease Control and Prevention
may be used to advocate or promote gun control: Provided
further, That the Director may redirect the total amount
made available under authority of Public Law 101–502,
section 3, dated November 3, 1990, to activities the Director
may so designate: Provided further, That the Congress is
to be notified promptly of any such transfer: Provided fur-
ther, That not to exceed $10,000,000 may be available for
making grants under section 1509 of the Public Health
Service Act to not more than 15 States: Provided further,
That notwithstanding any other provision of law, a single
contract or related contracts for development and construc-
tion of facilities may be employed which collectively include
the full scope of the project: Provided further, That the solic-
itation and contract shall contain the clause ‘‘availability
of funds’’ found at 48 CFR 52.232–18: Provided further,
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That in addition to amounts made available under this
heading for the National Program of Cancer Registries, an
additional $15,000,000 shall be made available for such
Program and special emphasis in carrying out such Pro-
gram shall be given to States with the highest number of
the leading causes of cancer mortality: Provided further,
That amounts made available under this Act for the admin-
istrative and related expenses of the Centers for Disease
Control and Prevention shall be reduced by $15,000,000:
Provided further, That the funds made available under this
heading for section 317A of the Public Health Service Act
may be made available for programs operated in accordance
with a strategy (developed and implemented by the Director
for the Centers for Disease Control and Prevention) to iden-
tify and target resources for childhood lead poisoning pre-
vention to high-risk populations, including ensuring that
any individual or entity that receives a grant under that
section to carry out activities relating to childhood lead poi-
soning prevention may use a portion of the grant funds
awarded for the purpose of funding screening assessments
and referrals at sites of operation of the Early Head Start
programs under the Head Start Act.
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NATIONAL INSTITUTES OF HEALTH
NATIONAL CANCER INSTITUTE
For carrying out section 301 and title IV of the Public
Health Service Act with respect to cancer, $3,804,084,000.
NATIONAL HEART, LUNG, AND BLOOD INSTITUTE
For carrying out section 301 and title IV of the Public
Health Service Act with respect to cardiovascular, lung,
and blood diseases, and blood and blood products,
$2,328,102,000.
NATIONAL INSTITUTE OF DENTAL AND CRANIOFACIAL
RESEARCH
For carrying out section 301 and title IV of the Public
Health Service Act with respect to dental disease,
$309,923,000.
NATIONAL INSTITUTE OF DIABETES AND DIGESTIVE AND
KIDNEY DISEASES
For carrying out section 301 and title IV of the Public
Health Service Act with respect to diabetes and digestive
and kidney disease, $1,318,106,000.
NATIONAL INSTITUTE OF NEUROLOGICAL DISORDERS AND
STROKE
For carrying out section 301 and title IV of the Public
Health Service Act with respect to neurological disorders
and stroke, $1,189,425,000.
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NATIONAL INSTITUTE OF ALLERGY AND INFECTIOUS
DISEASES
For carrying out section 301 and title IV of the Public
Health Service Act with respect to allergy and infectious
diseases, $2,066,526,000.
NATIONAL INSTITUTE OF GENERAL MEDICAL SCIENCES
For carrying out section 301 and title IV of the Public
Health Service Act with respect to general medical sciences,
$1,554,176,000.
NATIONAL INSTITUTE OF CHILD HEALTH AND HUMAN
DEVELOPMENT
For carrying out section 301 and title IV of the Public
Health Service Act with respect to child health and human
development, $986,069,000.
NATIONAL EYE INSTITUTE
For carrying out section 301 and title IV of the Public
Health Service Act with respect to eye diseases and visual
disorders, $516,605,000.
NATIONAL INSTITUTE OF ENVIRONMENTAL HEALTH
SCIENCES
For carrying out sections 301 and 311 and title IV
of the Public Health Service Act with respect to environ-
mental health sciences, $508,263,000.
NATIONAL INSTITUTE ON AGING
For carrying out section 301 and title IV of the Public
Health Service Act with respect to aging, $794,625,000.
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NATIONAL INSTITUTE OF ARTHRITIS AND
MUSCULOSKELETAL AND SKIN DISEASES
For carrying out section 301 and title IV of the Public
Health Service Act with respect to arthritis and musculo-
skeletal and skin diseases, $401,161,000.
NATIONAL INSTITUTE ON DEAFNESS AND OTHER
COMMUNICATION DISORDERS
For carrying out section 301 and title IV of the Public
Health Service Act with respect to deafness and other com-
munication disorders, $303,541,000.
NATIONAL INSTITUTE OF NURSING RESEARCH
For carrying out section 301 and title IV of the Public
Health Service Act with respect to nursing research,
$106,848,000.
NATIONAL INSTITUTE ON ALCOHOL ABUSE AND
ALCOHOLISM
For carrying out section 301 and title IV of the Public
Health Service Act with respect to alcohol abuse and alco-
holism, $336,848,000.
NATIONAL INSTITUTE ON DRUG ABUSE
For carrying out section 301 and title IV of the Public
Health 
Service 
Act 
with 
respect 
to 
drug 
abuse,
$790,038,000.
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NATIONAL INSTITUTE OF MENTAL HEALTH
For carrying out section 301 and title IV of the Public
Health Service Act with respect to mental health,
$1,117,928,000.
NATIONAL HUMAN GENOME RESEARCH INSTITUTE
For carrying out section 301 and title IV of the Public
Health Service Act with respect to human genome research,
$385,888,000.
NATIONAL CENTER FOR RESEARCH RESOURCES
For carrying out section 301 and title IV of the Public
Health Service Act with respect to research resources and
general research support grants, $775,212,000: Provided,
That none of these funds shall be used to pay recipients
of the general research support grants program any amount
for indirect expenses in connection with such grants: Pro-
vided further, That $75,000,000 shall be for extramural fa-
cilities construction grants.
NATIONAL CENTER FOR COMPLEMENTARY AND
ALTERNATIVE MEDICINE
For carrying out section 301 and title IV of the Public
Health Service Act with respect to complementary and al-
ternative medicine, $100,089,000.
JOHN E. FOGARTY INTERNATIONAL CENTER
For carrying out the activities at the John E. Fogarty
International Center, $61,260,000.
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NATIONAL LIBRARY OF MEDICINE
For carrying out section 301 and title IV of the Public
Health Service Act with respect to health information com-
munications, $256,953,000, of which $4,000,000 shall be
available until expended for improvement of information
systems: Provided, That in fiscal year 2001, the Library
may enter into personal services contracts for the provision
of services in facilities owned, operated, or constructed
under the jurisdiction of the National Institutes of Health.
OFFICE OF THE DIRECTOR
(INCLUDING TRANSFER OF FUNDS)
For carrying out the responsibilities of the Office of
the Director, National Institutes of Health, $352,165,000,
of which $48,271,000 shall be for the Office of AIDS 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 de-
creased by more than 1 percent by any such transfers and
that the Congress is promptly notified of the transfer: Pro-
vided further, That the National Institutes of Health is au-
thorized to collect third party payments for the cost of clin-
ical services that are incurred in National Institutes of
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Health research facilities and that such payments shall be
credited to the National Institutes of Health Management
Fund: Provided further, That all funds credited to the Na-
tional Institutes of Health Management Fund shall remain
available for one fiscal year after the fiscal year in which
they are deposited: Provided further, That up to $500,000
shall be available to carry out section 499 of the Public
Health Service Act: Provided further, That, notwith-
standing 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,
$148,900,000, to remain available until expended, of which
$47,300,000 shall be for the neuroscience research center:
Provided, That notwithstanding any other provision of law,
a single contract or related contracts for the development
and construction of the first phase of the National Neuro-
science Research Center may be employed which collectively
include the full scope of the project: Provided further, That
the solicitation and contract shall contain the clause ‘‘avail-
ability of funds’’ found at 48 CFR 52.232–18.
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SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES
ADMINISTRATION
SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES
For carrying out titles V and XIX of the Public Health
Service Act with respect to substance abuse and mental
health services, the Protection and Advocacy for Mentally
Ill Individuals Act of 1986, and section 301 of the Public
Health Service Act with respect to program management,
$2,730,757,000, of which $15,000,000 shall remain avail-
able until expended to carry out the Fetal Alcohol Syn-
drome prevention and services program, of which
$10,000,000 shall be used to provide grants to local non-
profit private and public entities to enable such entities to
develop and expand activities to provide substance abuse
services to homeless individuals: Provided, That in addition
to amounts provided herein, $12,000,000 shall be available
from amounts available under section 241 of the Public
Health Services Act, to carry out the National Household
Survey on Drug Abuse: Provided further, That within the
amounts provided herein, $3,000,000 shall be available for
the Center for Mental Health Services to support through
grants a certification program to improve and evaluate the
effectiveness and responsiveness of suicide hotlines and cri-
sis centers in the United States and to help support and
evaluate a national hotline and crisis center network.
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AGENCY FOR HEALTHCARE RESEARCH AND QUALITY
HEALTHCARE RESEARCH AND QUALITY
For carrying out titles III and IX of the Public Health
Service Act, amounts received from Freedom of Information
Act fees, reimbursable and interagency agreements, and the
sale of data shall be credited to this appropriation and shall
remain available until expended: Provided, That the
amount made available pursuant to section 926(b) of the
Public Health Service Act shall not exceed $269,943,000.
HEALTH CARE FINANCING ADMINISTRATION
GRANTS TO STATES FOR MEDICAID
For carrying out, except as otherwise provided, titles
XI and XIX of the Social Security Act, $93,586,251,000,
to remain available until expended.
For making, after May 31, 2001, payments to States
under title XIX of the Social Security Act for the last quar-
ter of fiscal year 2001 for unanticipated costs, incurred for
the current fiscal year, such sums as may be necessary.
For making payments to States or in the case of sec-
tion 1928 on behalf of States under title XIX of the Social
Security Act for the first quarter of fiscal year 2002,
$36,207,551,000, to remain available until expended.
Payment under title XIX may be made for any quarter
with respect to a State plan or plan amendment in effect
HR 4577 EAS
during such quarter, if submitted in or prior to such quar-
ter 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 Public
Law 97–248, and for administrative expenses incurred pur-
suant to section 201(g) of the Social Security Act,
$70,381,600,000.
PROGRAM MANAGEMENT
For carrying out, except as otherwise provided, titles
XI, XVIII, XIX, and XXI of the Social Security Act, titles
XIII and XXVII of the Public Health Service Act, and the
Clinical Laboratory Improvement Amendments of 1988, not
to exceed $2,018,500,000, to be transferred from the Federal
Hospital Insurance and the Federal Supplementary Med-
ical Insurance Trust Funds, as authorized by section 201(g)
of the Social Security Act; together with all funds collected
in accordance with section 353 of the Public Health Service
Act and such sums as may be collected from authorized user
fees and the sale of data, which shall remain available until
expended, and together with administrative fees collected
relative to Medicare overpayment recovery activities, which
shall remain available until expended: Provided, That all
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funds derived in accordance with 31 U.S.C. 9701 from or-
ganizations established under title XIII of the Public Health
Service Act shall be credited to and available for carrying
out the purposes of this appropriation: Provided further,
That $18,000,000 appropriated under this heading for the
managed care system redesign shall remain available until
expended: Provided further, That $3,000,000 of the amount
available for research, demonstration, and evaluation ac-
tivities shall be available to continue carrying out dem-
onstration projects on Medicaid coverage of community-
based attendant care services for people with disabilities
which ensures maximum control by the consumer to select
and manage their attendant care services: Provided further,
That the Secretary of Health and Human Services is di-
rected to collect fees in fiscal year 2001 from Medi-
care∂Choice organizations pursuant to section 1857(e)(2)
of the Social Security Act and from eligible organizations
with risk-sharing contracts under section 1876 of that Act
pursuant to section 1876(k)(4)(D) of that Act: Provided fur-
ther, That administrative fees collected relative to Medicare
overpayment recovery activities shall be transferred to the
Health Care Fraud and Abuse Control (HCFAC) account,
to be used for Medicare Integrity Program (MIP) activities
in addition to the amounts already specified, and shall re-
main available until expended.
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ADMINISTRATION FOR CHILDREN AND FAMILIES
LOW INCOME HOME ENERGY ASSISTANCE
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 require-
ment 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),
$418,321,000, to remain available through September 30,
2003.
For carrying out section 5 of the Torture Victims Re-
lief Act of 1998 (Public Law 105–320), $7,265,000.
PAYMENTS TO STATES FOR CHILD SUPPORT ENFORCEMENT
AND FAMILY SUPPORT PROGRAMS
For making payments to States or other non-Federal
entities under titles I, IV–D, X, XI, XIV, and XVI of the
Social Security Act and the Act of July 5, 1960 (24 U.S.C.
HR 4577 EAS
ch. 9), $2,473,880,000, to remain available until expended;
and for such purposes for the first quarter of fiscal year
2002, $1,000,000,000, to remain available until expended.
For making payments to each State for carrying out
the program of Aid to Families with Dependent Children
under title IV–A of the Social Security Act before the effec-
tive date of the program of Temporary Assistance to Needy
Families (TANF) with respect to such State, such sums as
may be necessary: Provided, That the sum of the amounts
available to a State with respect to expenditures under such
title IV–A in fiscal year 1997 under this appropriation and
under such title IV–A as amended by the Personal Respon-
sibility and Work Opportunity Reconciliation Act of 1996
shall not exceed the limitations under section 116(b) of such
Act.
For making, after May 31 of the current fiscal year,
payments to States or other non-Federal entities under ti-
tles I, IV–D, X, XI, XIV, and XVI of the Social Security
Act and the Act of July 5, 1960 (24 U.S.C. ch. 9), for the
last 3 months of the current year for unanticipated costs,
incurred for the current fiscal year, such sums as may be
necessary.
PAYMENTS TO STATES FOR THE CHILD CARE AND
DEVELOPMENT BLOCK GRANT
For carrying out sections 658A through 658R of the
Omnibus Budget Reconciliation Act of 1981 (The Child
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Care and Development Block Grant Act of 1990), in addi-
tion to amounts already appropriated for fiscal year 2001,
$817,328,000: Provided, That of the funds appropriated for
fiscal year 2001, $19,120,000 shall be available for child
care resource and referral and school-aged child care activi-
ties: Provided further, That of the funds appropriated for
fiscal year 2001, in addition to the amounts required to
be reserved by the States under section 658G, $222,672,000
shall be reserved by the States for activities authorized
under section 658G, of which $100,000,000 shall be for ac-
tivities that improve the quality of infant and toddler child
care.
SOCIAL SERVICES BLOCK GRANT
For making grants to States pursuant to section 2002
of the Social Security Act, $600,000,000: Provided, That
notwithstanding section 2003(c) of such Act, as amended,
the amount specified for allocation under such section for
fiscal year 2001 shall be $600,000,000.
CHILDREN AND FAMILIES SERVICES PROGRAMS
(INCLUDING RESCISSIONS)
For carrying out, except as otherwise provided, the
Runaway and Homeless Youth Act, the Developmental Dis-
abilities Assistance and Bill of Rights Act, the Head Start
Act, the Child Abuse Prevention and Treatment Act, the Na-
tive American Programs Act of 1974, title II of Public Law
95–266 (adoption opportunities), the Adoption and Safe
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Families Act of 1997 (Public Law 105–89), the Abandoned
Infants Assistance Act of 1988, part B(1) of title IV and
sections 413, 429A, 1110, and 1115 of the Social Security
Act; for making payments under the Community Services
Block Grant Act, section 473A of the Social Security Act,
and title IV of Public Law 105–285; and for necessary ad-
ministrative expenses to carry out said Acts and titles I,
IV, X, XI, XIV, XVI, and XX of the Social Security Act,
the Act of July 5, 1960 (24 U.S.C. ch. 9), the Omnibus
Budget Reconciliation Act of 1981, title IV of the Immigra-
tion and Nationality Act, section 501 of the Refugee Edu-
cation Assistance Act of 1980, section 5 of the Torture Vic-
tims Relief Act of 1998 (Public Law 105–320), sections
40155, 40211, and 40241 of Public Law 103–322 and sec-
tion 126 and titles IV and V of Public Law 100–485,
$7,895,723,000, of which $5,000,000 shall be made available
to provide grants for early childhood learning for young
children, of which $55,928,000, to remain available until
September 30, 2002, shall be for grants to States for adop-
tion incentive payments, as authorized by section 473A of
title IV of the Social Security Act (42 U.S.C. 670–679);
of which $134,074,000, to remain available until expended,
shall be for activities authorized by sections 40155, 40211,
and 40241 of Public Law 103–322; of which $606,676,000
shall be for making payments under the Community Serv-
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ices Block Grant Act; and of which $6,267,000,000 shall be
for making payments under the Head Start Act, of which
$1,400,000,000 shall become available October 1, 2001 and
remain available through September 30, 2002: Provided,
That to the extent Community Services Block Grant funds
are distributed as grant funds by a State to an eligible enti-
ty as provided under the Act, and have not been expended
by such entity, they shall remain with such entity for carry-
over into the next fiscal year for expenditure by such entity
consistent with program purposes: Provided further, That
the Secretary shall establish procedures regarding the dis-
position of intangible property which permits grant funds,
or intangible assets acquired with funds authorized under
section 680 of the Community Services Block Grant Act,
as amended, to become the sole property of such grantees
after a period of not more than 12 years after the end of
the grant for purposes and uses consistent with the original
grant: Provided further, That amounts made available
under this Act for the administrative and related expenses
of the Department of Health and Human Services, the De-
partment of Labor, and the Department of Education shall
be further reduced on a pro rata basis by $14,137,000.
Funds appropriated for fiscal year 2000 under section
429A(e), part B of title IV of the Social Security Act shall
be reduced by $6,000,000.
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Funds appropriated for fiscal year 2000 under section
413(h)(1) of the Social Security Act shall be reduced by
$15,000,000.
PROMOTING SAFE AND STABLE FAMILIES
For carrying out section 430 of the Social Security
Act, $305,000,000.
PAYMENTS TO STATES FOR FOSTER CARE AND ADOPTION
ASSISTANCE
For making payments to States or other non-Federal
entities under title IV–E of the Social Security Act,
$4,868,100,000.
For making payments to States or other non-Federal
entities under title IV–E of the Social Security Act, for the
first quarter of fiscal year 2002, $1,735,900,000.
ADMINISTRATION ON AGING
AGING SERVICES PROGRAMS
For carrying out, to the extent not otherwise provided,
the Older Americans Act of 1965, as amended, and section
398 of the Public Health Service Act, $954,619,000, of
which $5,000,000 shall be available for activities regarding
medication management, screening, and education to pre-
vent incorrect medication and adverse drug reactions: Pro-
vided, That notwithstanding section 308(b)(1) of the Older
Americans Act of 1965, as amended, the amounts available
to each State for administration of the State plan under
title III of such Act shall be reduced not more than 5 percent
HR 4577 EAS
below the amount that was available to such State for such
purpose for fiscal year 1995: Provided further, That in con-
sidering grant applications for nutrition services for elder
Indian recipients, the Assistant Secretary shall provide
maximum flexibility to applicants who seek to take into ac-
count subsistence, local customs, and other characteristics
that are appropriate to the unique cultural, regional, and
geographic needs of the American Indian, Alaska and Ha-
waiian Native communities to be served.
OFFICE OF THE SECRETARY
GENERAL DEPARTMENTAL MANAGEMENT
For necessary expenses, not otherwise provided, for
general departmental management, including hire of six se-
dans, and for carrying out titles III, XVII, and XX of the
Public Health Service Act, and the United States-Mexico
Border Health Commission Act, $206,766,000, together
with $5,851,000, to be transferred and expended as author-
ized by section 201(g)(1) of the Social Security Act from
the Hospital Insurance Trust Fund and the Supplemental
Medical Insurance Trust Fund: Provided further, That of
the funds made available under this heading for carrying
out title XX of the Public Health Service Act, $10,569,000
shall be for activities specified under section 2003(b)(2), of
which $9,131,000 shall be for prevention service demonstra-
tion grants under section 510(b)(2) of title V of the Social
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Security Act, as amended, without application of the limi-
tation of section 2010(c) of said title XX.
OFFICE OF INSPECTOR GENERAL
For expenses necessary for the Office of Inspector Gen-
eral in carrying out the provisions of the Inspector General
Act of 1978, as amended, $33,849,000.
OFFICE FOR CIVIL RIGHTS
For expenses necessary for the Office for Civil Rights,
$20,742,000, together with not to exceed $3,314,000, to be
transferred and expended as authorized by section 201(g)(1)
of the Social Security Act from the Hospital Insurance
Trust Fund and the Supplemental Medical Insurance Trust
Fund: Provided, That an additional $2,500,000 shall be
made available for the Office for Civil Rights: Provided fur-
ther, That amounts made available under this title for the
administrative and related expenses of the Department of
Health and Human Services shall be reduced by
$2,500,000’’.
POLICY RESEARCH
For carrying out, to the extent not otherwise provided,
research studies under section 1110 of the Social Security
Act, $16,738,000.
RETIREMENT PAY AND MEDICAL BENEFITS FOR
COMMISSIONED OFFICERS
For retirement pay and medical benefits of Public
Health Service Commissioned Officers as authorized by law,
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for payments under the Retired Serviceman’s Family Pro-
tection Plan and Survivor Benefit Plan, for medical care
of dependents and retired personnel under the Dependents’
Medical Care Act (10 U.S.C. ch. 55), and for payments pur-
suant to section 229(b) of the Social Security Act (42
U.S.C. 429(b)), such amounts as may be required during
the current fiscal year.
PUBLIC HEALTH AND SOCIAL SERVICES EMERGENCY
FUND
For public health and social services, $264,600,000.
GENERAL PROVISIONS
SEC. 201. Funds appropriated in this title shall be
available for not to exceed $37,000 for official reception and
representation expenses when specifically approved by the
Secretary.
SEC. 202. The Secretary shall make available through
assignment not more than 60 employees of the Public
Health Service to assist in child survival activities and to
work in AIDS programs through and with funds provided
by the Agency for International Development, the United
Nations International Children’s Emergency Fund or the
World Health Organization.
SEC. 203. None of the funds appropriated under this
Act may be used to implement section 399L(b) of the Public
Health Service Act or section 1503 of the National Insti-
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tutes 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 Exec-
utive Level II.
SEC. 205. Notwithstanding section 241(a) of the Public
Health Service Act, such portion as the Secretary shall de-
termine, but not more than 1.6 percent, of any amounts
appropriated for programs authorized under the PHS Act
shall be made available for the evaluation (directly or by
grants or contracts) of the implementation and effectiveness
of such programs.
(TRANSFER OF FUNDS)
SEC. 206. Not to exceed 1 percent of any discretionary
funds (pursuant to the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended) which are appro-
priated 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: Pro-
vided, That the Appropriations Committees of both Houses
of Congress are notified at least 15 days in advance of any
transfer.
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SEC. 207. The Director of the National Institutes of
Health, jointly with the Director of the Office of AIDS Re-
search, may transfer up to 3 percent among institutes, cen-
ters, 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 Institutes
of Health and the Director of the Office of AIDS Research,
shall be made available to the ‘‘Office of AIDS Research’’
account. The Director of the Office of AIDS Research shall
transfer from such account amounts necessary to carry out
section 2353(d)(3) of the Public Health Service Act.
SEC. 209. None of the funds appropriated in this Act
may be made available to any entity under title X of the
Public Health Service Act unless the applicant for the
award certifies to the Secretary that it encourages family
participation in the decision of minors to seek family plan-
ning services and that it provides counseling to minors on
how to resist attempts to coerce minors into engaging in
sexual activities.
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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 Sec-
retary denies participation in such program to an other-
wise eligible entity (including a Provider Sponsored Orga-
nization) because the entity informs the Secretary that it
will not provide, pay for, provide coverage of, or provide
referrals for abortions: Provided, That the Secretary shall
make appropriate prospective adjustments to the capitation
payment to such an entity (based on an actuarially sound
estimate of the expected costs of providing the service to such
entity’s enrollees): Provided further, That nothing in this
section shall be construed to change the Medicare program’s
coverage for such services and a Medicare+Choice organiza-
tion described in this section shall be responsible for inform-
ing enrollees where to obtain information about all Medi-
care covered services.
SEC. 211. (a) MENTAL HEALTH.—Section 1918(b) of
the Public Health Service Act (42 U.S.C. 300x–7(b)) is
amended to read as follows:
‘‘(b) MINIMUM
ALLOTMENTS
FOR
STATES.—Each
State’s allotment for fiscal year 2001 for programs under
this subpart shall not be less than such State’s allotment
for such programs for fiscal year 2000.’’.
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(b) SUBSTANCE ABUSE.—Section 1933(b) of the Public
Health Service Act (42 U.S.C. 300x–33(b)) is amended to
read as follows:
‘‘(b) MINIMUM
ALLOTMENTS
FOR
STATES.—Each
State’s allotment for fiscal year 2001 for programs under
this subpart shall not be less than such State’s allotment
for such programs for fiscal year 2000.’’.
SEC. 212. Notwithstanding any other provision of law,
no provider of services under title X of the Public Health
Service Act shall be exempt from any State law requiring
notification or the reporting of child abuse, child molesta-
tion, sexual abuse, rape, or incest.
SEC. 213. EXTENSION
OF CERTAIN ADJUDICATION
PROVISIONS.—The Foreign Operations, Export Financing,
and Related Programs Appropriations Act, 1990 (Public
Law 101–167) is amended—
(1) in section 599D (8 U.S.C. 1157 note)—
(A) in subsection (b)(3), by striking ‘‘1997,
1998, 1999, and 2000’’ and inserting ‘‘1997,
1998, 1999, 2000 and 2001’’; and
(B) in subsection (e), by striking ‘‘October
1, 2000’’ each place it appears and inserting
‘‘October 1, 2001’’; and
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(2) in section 599E (8 U.S.C. 1255 note) in sub-
section (b)(2), by striking ‘‘September 30, 2000’’ and
inserting ‘‘September 30, 2001’’.
SEC. 214. None of the funds provided in this Act or
in any other Act making appropriations for fiscal year
2001 may be used to administer or implement in Arizona
or in the Kansas City, Missouri or in the Kansas City,
Kansas area the Medicare Competitive Pricing Demonstra-
tion Project (operated by the Secretary of Health and
Human Services).
SEC. 215. WITHHOLDING
OF
SUBSTANCE
ABUSE
FUNDS. (a) IN GENERAL.—Except as provided by sub-
section (e) none of the funds appropriated by this Act may
be used to withhold substance abuse funding from a State
pursuant to section 1926 of the Public Health Service Act
(42 U.S.C. 300x–26) if such State certifies to the Secretary
of Health and Human Services by March 1, 2001 that the
State will commit additional State funds, in accordance
with subsection (b), to ensure compliance with State laws
prohibiting the sale of tobacco products to individuals
under 18 years of age.
(b) AMOUNT OF STATE FUNDS.—The amount of funds
to be committed by a State under subsection (a) shall be
equal to 1 percent of such State’s substance abuse block
grant allocation for each percentage point by which the
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State misses the retailer compliance rate goal established
by the Secretary of Health and Human Services under sec-
tion 1926 of such Act.
(c) ADDITIONAL STATE FUNDS.—The State is to main-
tain State expenditures in fiscal year 2001 for tobacco pre-
vention programs and for compliance activities at a level
that is not less than the level of such expenditures main-
tained by the State for fiscal year 2000, and adding to that
level the additional funds for tobacco compliance activities
required under subsection (a). The State is to submit a re-
port to the Secretary on all fiscal year 2000 State expendi-
tures and all fiscal year 2001 obligations for tobacco pre-
vention and compliance activities by program activity by
July 31, 2001.
(d) ENFORCEMENT
OF STATE OBLIGATIONS.—The
Secretary shall exercise discretion in enforcing the timing
of the State obligation of the additional funds required by
the certification described in subsection (a) as late as July
31, 2001.
(e) TERRITORIES.—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. 216. Section 403(a)(3) of the Social Security Act
(42 U.S.C. 603(a)(3)) is amended—
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(1) in subparagraph (A)—
(A) in clause (i), by striking ‘‘and’’ at the
end;
(B) in clause (ii)—
(i) by striking ‘‘1999, 2000, and 2001’’
and inserting ‘‘1999 and 2000’’; and
(ii) by striking the period at the end
and inserting ‘‘; and’’; and
(C) by adding at the end the following new
clause:
‘‘(iii) for fiscal year 2001, a grant in
an amount equal to the amount of the grant
to the State under clause (i) for fiscal year
1998.’’ and
(2) in subparagraph (G), by inserting at the
end, ‘‘Upon enactment, the provisions of this Act that
would have been estimated by the Director of the Of-
fice of Management and Budget as changing direct
spending and receipts for fiscal year 2001 under sec-
tion 252 of the Balanced Budget and Emergency Def-
icit Control Act of 1985 (Public Law 99–177), to the
extent such changes would have been estimated to re-
sult in savings in fiscal year 2001 of $240,000,000 in
budget authority and $122,000,000 in outlays, shall
be treated as if enacted in an appropriations act pur-
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suant to Rule 3 of the Budget Scorekeeping Guide-
lines set forth in the Joint Explanatory Statement of
the Committee of Conference accompanying Con-
ference Report No. 105–217, thereby changing discre-
tionary spending under section 251 of that Act.’’.
SEC. 217. (a) Notwithstanding Section 2104(f) of the
Social Security Act (the Act), the Secretary of Health and
Human Services shall reduce the amounts allotted to a
State under subsection (b) of the Act for fiscal year 1998
by the applicable amount with respect to the State; and
(b) Notwithstanding Section 2104(a) of the Act, the
Secretary shall increase the amount otherwise payable to
each State under such subsection for fiscal year 2003 by
the amount of the reduction made under paragraph (a) of
this section. Funds made available under this subsection
shall remain available through September 30, 2004.
(c) APPLICABLE AMOUNT DEFINED.—In subsection
(a), with respect to a State, the term ‘‘applicable amount’’
means, with respect to a State, an amount bearing the same
proportion to $1,900,000,000 as the unexpended balance of
its fiscal year 1998 allotment as of September 30, 2000,
which would otherwise be redistributed to States in fiscal
year 2001 under Section 2104(f) of the Act, bears to the
sum of the unexpended balances of fiscal year 1998 allot-
ments for all States as of September 30, 2000: Provided,
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That, the applicable amount for a State shall not exceed
the unexpended balance of its fiscal year 1998 allotment
as of September 30, 2000.
SEC. 218. SENSE OF THE SENATE ON PREVENTION OF
NEEDLESTICK INJURIES. (a) FINDINGS.—The Senate finds
that—
(1) the Centers for Disease Control and Preven-
tion reports that American health care workers report
600,000 to 800,000 needlestick and sharps injuries
each year;
(2) the occurrence of needlestick injuries is be-
lieved to be widely under-reported;
(3) needlestick and sharps injuries result in at
least 1,000 new cases of health care workers with
HIV, hepatitis C or hepatitis B every year;
(4) more than 80 percent of needlestick injuries
can be prevented through the use of safer devices; and
(5) the Occupational Safety and Health Admin-
istration’s November 1999 Compliance Directive has
helped clarify the duty of employers to use safer nee-
dle devices to protect their workers. However, millions
of State and local government employees are not cov-
ered by OSHA’s bloodborne pathogen standards and
are not protected against the hazards of needlesticks.
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(b) SENSE OF THE SENATE.—It is the sense of the Sen-
ate that the Senate should pass legislation that would elimi-
nate or minimize the significant risk of needlestick injury
to health care workers.
SEC. 219. (a) IN GENERAL.—There is appropriated
$10,000,000 that may be used by the Director of the Na-
tional Institute for Occupational Safety and Health to—
(1) establish and maintain a national database
on existing needleless systems and sharps with engi-
neered sharps injury protections;
(2) develop a set of evaluation criteria for use by
employers, employees, and other persons when they
are evaluating and selecting needleless systems and
sharps with engineered sharps injury protections;
(3) develop a model training curriculum to train
employers, employees, and other persons on the proc-
ess of evaluating needleless systems and sharps with
engineered sharps injury protections and to the extent
feasible to provide technical assistance to persons who
request such assistance; and
(4) establish a national system to collect com-
prehensive data on needlestick injuries to health care
workers, including data on mechanisms to analyze
and evaluate prevention interventions in relation to
needlestick injury occurrence.
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(b) DEFINITIONS.—In this section:
(1) EMPLOYER.—The term ‘‘employer’’ means
each employer having an employee with occupational
exposure to human blood or other material potentially
containing bloodborne pathogens.
(2) ENGINEERED
SHARPS
INJURY
PROTEC-
TIONS.—The term ‘‘engineered sharps injury protec-
tions’’ means—
(A) a physical attribute built into a needle
device used for withdrawing body fluids, access-
ing a vein or artery, or administering medica-
tions or other fluids, that effectively reduces the
risk of an exposure incident by a mechanism
such as barrier creation, blunting, encapsulation,
withdrawal, retraction, destruction, or other ef-
fective mechanisms; or
(B) a physical attribute built into any other
type of needle device, or into a nonneedle sharp,
which effectively reduces the risk of an exposure
incident.
(3) NEEDLELESS SYSTEM.—The term ‘‘needleless
system’’ means a device that does not use needles
for—
(A) the withdrawal of body fluids after ini-
tial venous or arterial access is established;
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(B) the administration of medication or
fluids; and
(C) any other procedure involving the po-
tential for an exposure incident.
(4) SHARP.—The term ‘‘sharp’’ means any object
used or encountered in a health care setting that can
be reasonably anticipated to penetrate the skin or any
other part of the body, and to result in an exposure
incident, including, but not limited to, needle devices,
scalpels, lancets, broken glass, broken capillary tubes,
exposed ends of dental wires and dental knives, drills,
and burs.
(5) SHARPS INJURY.—The term ‘‘sharps injury’’
means any injury caused by a sharp, including cuts,
abrasions, or needlesticks.
(c) OFFSET.—Amounts made available under this Act
for the travel, consulting, and printing services for the De-
partment of Labor, the Department of Health and Human
Services, and the Department of Education shall be reduced
on a pro rata basis by $10,000,000.
SEC. 220. None of the funds made available under this
Act may be made available to any entity under the Public
Health Service Act after September 1, 2001, unless the Di-
rector of the National Institutes of Health has provided to
the Chairman and Ranking Member of the Senate Commit-
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tees on Appropriations, and Health, Education, Labor, and
Pensions a proposal to require a reasonable rate of return
on both intramural and extramural research by March 31,
2001.
SEC. 221. (a) STUDY.—The Secretary of Health and
Human Services shall conduct a study to examine—
(1) the experiences of hospitals in the United
States in obtaining reimbursement from foreign
health insurance companies whose enrollees receive
medical treatment in the United States;
(2) the identity of the foreign health insurance
companies that do not cooperate with or reimburse
(in whole or in part) United States health care pro-
viders for medical services rendered in the United
States to enrollees who are foreign nationals;
(3) the amount of unreimbursed services that
hospitals in the United States provide to foreign na-
tionals described in paragraph (2); and
(4) solutions to the problems identified in the
study.
(b) REPORT.—Not later than March 31, 2001, the Sec-
retary of Health and Human Services shall prepare and
submit to the Committee on Health, Education, Labor, and
Pensions of the Senate and the Committee on Appropria-
tions, a report concerning the results of the study conducted
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under subsection (a), including the recommendations de-
scribed in paragraph (4) of such subsection.
SEC. 222. NATIONAL INSTITUTE OF CHILD HEALTH
AND HUMAN DEVELOPMENT. Section 448 of the Public
Health Service Act (42 U.S.C. 285g) is amended by insert-
ing ‘‘gynecologic health,’’ after ‘‘with respect to’’.
SEC. 223. In addition to amounts otherwise appro-
priated under this title for the Centers for Disease Control
and Prevention, $37,500,000, to be utilized to provide
grants to States and political subdivisions of States under
section 317 of the Public Health Service Act to enable such
States and political subdivisions to carry out immuniza-
tion infrastructure and operations activities: Provided,
That of the total amount made available in this Act for
infrastructure funding for the Centers for Disease Control
and Prevention, not less than 10 percent shall be used for
immunization projects in areas with low or declining im-
munization rates or areas that are particularly susceptible
to disease outbreaks, and not more than 14 percent shall
be used to carry out the incentive bonus program: Provided
further, That amounts made available under this Act for
the administrative and related expenses of the Department
of Health and Human Services, the Department of Labor,
and the Department of Education shall be further reduced
on a pro rata basis by $37,500,000.
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SEC. 224. 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 Asso-
ciation for the Assessment and Accreditation of Laboratory
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.
SEC. 225. (a) In addition to amounts made available
under the heading ‘‘Health Resources and Services Admin-
istration-Health Resources and Services’’ for poison preven-
tion and poison control center activities, there shall be
available an additional $20,000,000 to provide assistance
for such activities and to stabilize the funding of regional
poison control centers as provided for pursuant to the Poi-
son Control Center Enhancement and Awareness Act (Pub-
lic Law 106–174).
(b) Amounts made available under this Act for the ad-
ministrative and related expenses of the Department of
Health and Human Services, the Department of Labor, and
the Department of Education shall be further reduced on
a pro rata basis by $20,000,000.
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SEC. 226. SENSE OF THE SENATE REGARDING THE
DELIVERY OF EMERGENCY MEDICAL SERVICES. (a) FIND-
INGS.—The Senate finds the following:
(1) Several States have developed and imple-
mented a unique 2-tiered emergency medical services
system that effectively provides services to the resi-
dents of those States.
(2) These 2-tiered systems include volunteer and
for-profit emergency medical technicians who provide
basic life support and hospital-based paramedics who
provide advanced life support.
(3) These 2-tiered systems have provided uni-
versal access for residents of those States to affordable
emergency services, while simultaneously ensuring
that those persons in need of the most advanced care
receive such care from the proper authorities.
(4) One State’s 2-tiered system currently has an
estimated 20,000 emergency medical technicians pro-
viding ambulance transportation for basic life sup-
port and advanced life support emergencies, over 80
percent of which are handled by volunteers who are
not reimbursed under the medicare program under
title XVIII of the Social Security Act.
(5) The hospital-based paramedics, also known
as mobile intensive care units, are reimbursed under