S 2553 PCS
Calendar No. 547
106th CONGRESS
2d Session
S. 2553
[Report No. 106-293]
Making appropriations for the Departments of Labor, Health and Human
Services, and Education, and related agencies for the fiscal year ending
September 30, 2001, and for other purposes.
IN THE SENATE OF THE UNITED STATES
May 12, 2000
Mr. SPECTER, from the Committee on Appropriations, reported, under authority
of the order of the Senate of January 6, 1999, the following original bill;
which was read twice and placed on the calendar
A BILL
Making appropriations for the Departments of Labor, Health and Human
Services, and Education, and related agencies for the fiscal year ending
September 30, 2001, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled, That the following sums are
appropriated, out of any money in the Treasury not otherwise appropriated, for
the Departments of Labor, Health and Human Services, and Education, and
related agencies for the fiscal year ending September 30, 2001, and for other
purposes, namely:
TITLE I--DEPARTMENT OF LABOR
Employment and Training Administration
TRAINING AND EMPLOYMENT SERVICES
For necessary expenses of the Workforce Investment Act, including the
purchase and hire of passenger motor vehicles, the construction, alteration,
and repair of buildings and other facilities, and the purchase of real
property for training centers as authorized by the Workforce Investment Act
and the National Skill Standards Act of 1994; $2,990,141,000 plus
reimbursements, of which $1,718,801,000 is available for obligation for the
period July 1, 2001 through June 30, 2002, of which $1,250,965,000 is
available for obligation for the period April 1, 2001 through June 30, 2002,
including $1,000,965,000 to carry out chapter 4 of the Workforce Investment
Act and $250,000,000 to carry out section 169 of such Act; and of which
$20,375,000 is available for the period July 1, 2001 through June 30, 2004 for
necessary expenses of construction, rehabilitation, and acquisition of Job
Corps centers: Provided, That $9,098,000 shall be for carrying out
section 172 of the Workforce Investment Act, and $3,500,000 shall be for
carrying out the National Skills Standards Act of 1994: Provided
further, That no funds from any other appropriation shall be
used to provide meal services at or for Job Corps centers: Provided
further, That funds provided to carry out section 171(d) of such Act may
be used for demonstration projects that provide assistance to new entrants in
the workforce and incumbent workers: Provided further, That funding
provided to carry out projects under section 171 of the Workforce Investment
Act of 1998 that are identified in the Conference Agreement, shall not be
subject to the requirements of section 171(b)(2)(B) of such Act, the
requirements of section 171(c)(4)(D) of such Act, or the joint funding
requirements of sections 171(b)(2)(A) and 171(c)(4)(A) of such Act:
Provided further, That funding appropriated herein for Dislocated
Worker Employment and Training Activities under section 132(a)(2)(A) of the
Workforce Investment Act of 1998 may be distributed for Dislocated Worker
Projects under section 171(d) of the Act without regard to the 10 percent
limitation contained in section 171(d) of the Act.
For necessary expenses of the Workforce Investment Act, including the
purchase and hire of passenger motor vehicles, the construction, alteration,
and repair of buildings and other facilities, and the purchase of real
property for training centers as authorized by the Workforce Investment Act;
$2,463,000,000 plus reimbursements, of which $2,363,000,000 is available for
obligation for the period October 1, 2001 through June 30, 2002, and of which
$100,000,000 is available for the period October 1, 2001 through June 30,
2004, for necessary expenses of construction, rehabilitation, and acquisition
of Job Corps centers.
COMMUNITY SERVICE EMPLOYMENT FOR OLDER AMERICANS
To carry out the activities for national grants or contracts with public
agencies and public or private nonprofit organizations under paragraph (1)(A)
of section 506(a) of title V of the Older Americans Act of 1965, as amended,
or to carry out older worker activities as subsequently authorized,
$343,356,000.
To carry out the activities for grants to States under paragraph (3) of
section 506(a) of title V of the Older Americans Act of 1965, as amended, or
to carry out older worker activities as subsequently authorized,
$96,844,000.
FEDERAL UNEMPLOYMENT BENEFITS AND ALLOWANCES
For payments during the current fiscal year of trade adjustment benefit
payments and allowances under part I; and for training, allowances for job
search and relocation, and related State administrative expenses under part
II, subchapters B and D, chapter 2, title II of the Trade Act of 1974, as
amended, $406,550,000, together with such amounts as may be necessary to be
charged to the subsequent appropriation for payments for any period subsequent
to September 15 of the current year.
STATE UNEMPLOYMENT INSURANCE AND EMPLOYMENT SERVICE OPERATIONS
For authorized administrative expenses, $153,452,000, together with not to
exceed $3,095,978,000 (including not to exceed $1,228,000 which may be used
for amortization payments to States which had independent retirement plans in
their State employment service agencies prior to 1980), which may be expended
from the Employment Security Administration account in the Unemployment Trust
Fund including the cost of administering section 51 of the Internal Revenue
Code of 1986, as amended, section 7(d) of the Wagner-Peyser Act, as amended,
the Trade Act of 1974, as amended, the Immigration Act of 1990, and the
Immigration and Nationality Act, as amended, and of which the sums available
in the allocation for activities authorized by title III of the Social
Security Act, as amended (42 U.S.C. 502-504), and the sums available in the
allocation for necessary administrative expenses for carrying out 5 U.S.C.
8501-8523, shall be available for obligation by the States through December
31, 2001, except that funds used for automation acquisitions shall be
available for obligation by the States through September 30, 2003; and of
which $153,452,000, together with not to exceed $763,283,000 of the amount
which may be expended from said trust fund, shall be available for obligation
for the period July 1, 2001 through June 30, 2002, to fund activities under
the Act of June 6, 1933, as amended, including the cost of penalty mail
authorized under 39 U.S.C. 3202(a)(1)(E) made available to States in lieu of
allotments for such purpose: Provided, That to the extent that the
Average Weekly Insured Unemployment (AWIU) for fiscal year 2001 is projected
by the Department of Labor to exceed 2,396,000, an additional $28,600,000
shall be available for obligation for every 100,000 increase in the AWIU level
(including a pro rata amount for any increment less than 100,000) from the
Employment Security Administration Account of the Unemployment Trust Fund:
Provided further, That funds appropriated in this Act which are used
to establish a national one-stop career center system, or which are used to
support the national activities of the Federal-State unemployment insurance
programs, may be obligated in contracts, grants or agreements with non-State
entities: Provided further, That funds appropriated under this Act
for activities authorized under the Wagner-Peyser Act, as amended, and title
III of the Social Security Act, may be used by the States to fund integrated
Employment Service and Unemployment Insurance automation efforts,
notwithstanding cost allocation principles prescribed under Office of
Management and Budget Circular A-87.
ADVANCES TO THE UNEMPLOYMENT TRUST FUND AND OTHER FUNDS
For repayable advances to the Unemployment Trust Fund as authorized by
sections 905(d) and 1203 of the Social Security Act, as amended, and to the
Black Lung Disability Trust Fund as authorized by section 9501(c)(1) of the
Internal Revenue Code of 1954, as amended; and for nonrepayable advances to
the Unemployment Trust Fund as authorized by section 8509 of title 5, United
States Code, and to the `Federal unemployment benefits and allowances'
account, to remain available until September 30, 2002, $435,000,000.
In addition, for making repayable advances to the Black Lung Disability
Trust Fund in the current fiscal year after September 15, 2001, for costs
incurred by the Black Lung Disability Trust Fund in the current fiscal year,
such sums as may be necessary.
PROGRAM ADMINISTRATION
For expenses of administering employment and training programs,
$107,651,000, including $6,431,000 to support up to 75 full-time equivalent
staff, the majority of which will be term Federal appointments lasting no more
than 1 year, to administer welfare-to-work grants, together with not to exceed
$48,507,000, which may be expended from the Employment Security Administration
account in the Unemployment Trust Fund.
Pension and Welfare Benefits Administration
SALARIES AND EXPENSES
For necessary expenses for the Pension and Welfare Benefits
Administration, $103,342,000.
Pension Benefit Guaranty Corporation
PENSION BENEFIT GUARANTY CORPORATION FUND
The Pension Benefit Guaranty Corporation is authorized to make such
expenditures, including financial assistance authorized by section 104 of
Public Law 96-364, within limits of funds and borrowing authority available to
such Corporation, and in accord with law, and to make such contracts and
commitments without regard to fiscal year limitations as provided by section
104 of the Government Corporation Control Act, as amended (31 U.S.C. 9104), as
may be necessary in carrying out the program through September 30, 2001, for
such Corporation: Provided, That not to exceed $11,652,000 shall be
available for administrative expenses of the Corporation: Provided
further, That expenses of such Corporation in connection with the
termination of pension plans, for the acquisition, protection or management,
and investment of trust assets, and for benefits administration services shall
be considered as non-administrative expenses for the purposes hereof, and
excluded from the above limitation.
Employment Standards Administration
SALARIES AND EXPENSES
For necessary expenses for the Employment Standards Administration,
including reimbursement to State, Federal, and local agencies and their
employees for inspection services rendered, $350,779,000, together with
$1,985,000 which may be expended from the Special Fund in accordance with
sections 39(c), 44(d) and 44(j) of the Longshore and Harbor Workers'
Compensation Act: Provided, That $2,000,000 shall be for the
development of an alternative system for the electronic submission of reports
required to be filed under the Labor-Management Reporting and Disclosure Act
of 1959, as amended, and for a computer database of the information for each
submission by whatever means, that is indexed and easily searchable by the
public via the Internet: Provided further, That the Secretary of
Labor is authorized to accept, retain, and spend, until expended, in the name
of the Department of Labor, all sums of money ordered to be paid to the
Secretary of Labor, in accordance with the terms of the Consent Judgment in
Civil Action No. 91-0027 of the United States District Court for the District
of the Northern Mariana Islands (May 21, 1992): Provided further,
That the Secretary of Labor is authorized to establish and, in accordance with
31 U.S.C. 3302, collect and deposit in the Treasury fees for processing
applications and issuing certificates under sections 11(d) and 14 of the Fair
Labor Standards Act of 1938, as amended (29 U.S.C. 211(d) and 214) and for
processing applications and issuing registrations under title I of the Migrant
and Seasonal Agricultural Worker Protection Act (29 U.S.C. 1801 et seq.).
SPECIAL BENEFITS
(INCLUDING TRANSFER OF FUNDS)
For the payment of compensation, benefits, and expenses (except
administrative expenses) accruing during the current or any prior fiscal year
authorized by title 5, chapter 81 of the United States Code; continuation of
benefits as provided for under the heading `Civilian War Benefits' in the
Federal Security Agency Appropriation Act, 1947; the Employees' Compensation
Commission Appropriation Act, 1944; sections 4(c) and 5(f) of the War Claims
Act of 1948 (50 U.S.C. App. 2012); and 50 percent of the additional
compensation and benefits required by section 10(h) of the Longshore and
Harbor Workers' Compensation Act, as amended, $56,000,000 together with such
amounts as may be necessary to be charged to the subsequent year appropriation
for the payment of compensation and other benefits for any period subsequent
to August 15 of the current year: Provided, That amounts appropriated
may be used under section 8104 of title 5, United States Code, by the
Secretary of Labor to reimburse an employer, who is not the employer at the
time of injury, for portions of the salary of a reemployed, disabled
beneficiary: Provided further, That balances of reimbursements
unobligated on September 30, 2000, shall remain available until expended for
the payment of compensation, benefits, and expenses: Provided
further, That in addition there shall be transferred to this
appropriation from the Postal Service and from any other corporation or
instrumentality required under section 8147(c) of title 5, United States Code,
to pay an amount for its fair share of the cost of administration, such sums
as the Secretary determines to be the cost of administration for employees of
such fair share entities through September 30, 2001: Provided
further, That of those funds transferred to this account from the fair
share entities to pay the cost of administration, $30,510,000 shall be made
available to the Secretary as follows: (1) for the operation of and
enhancement to the automated data processing systems, including document
imaging, medical bill review, and periodic roll management, in support of
Federal Employees' Compensation Act administration, $19,971,000; (2) for
conversion to a paperless office, $7,005,000; (3) for communications redesign,
$750,000; (4) for information technology maintenance and support, $2,784,000;
and (5) the remaining funds shall be paid into the Treasury as miscellaneous
receipts: Provided further, That the Secretary may require that any
person filing a notice of injury or a claim for benefits under chapter 81 of
title 5, United States Code, or 33 U.S.C. 901 et seq., provide as part of such
notice and claim, such identifying information (including Social Security
account number) as such regulations may prescribe.
BLACK LUNG DISABILITY TRUST FUND
(INCLUDING TRANSFER OF FUNDS)
Beginning in fiscal year 2001 and thereafter, such sums as may be
necessary from the Black Lung Disability Trust Fund, to remain available until
expended, for payment of all benefits authorized by section 9501(d)(1) (2) (4)
and (7) of the Internal Revenue Code of 1954, as amended; and interest on
advances as authorized by section 9501(c)(2) of that Act. In addition, the
following amounts shall be available from the Fund for fiscal year 2001 for
expenses of operation and administration of the Black Lung Benefits program as
authorized by section 9501(d)(5) of that Act: $30,393,000 for transfer to the
Employment Standards Administration, `Salaries and Expenses'; $21,590,000 for
transfer to Departmental Management, `Salaries and Expenses'; $318,000 for
transfer to Departmental Management, `Office of Inspector General'; and
$356,000 for payments into Miscellaneous Receipts for the expenses of the
Department of Treasury.
Occupational Safety and Health Administration
SALARIES AND EXPENSES
For necessary expenses for the Occupational Safety and Health
Administration, $425,983,000, including not to exceed $88,493,000 which shall
be the maximum amount available for grants to States under section 23(g) of
the Occupational Safety and Health Act, which grants shall be no less than 50
percent of the costs of State occupational safety and health programs required
to be incurred under plans approved by the Secretary under section 18 of the
Occupational Safety and Health Act of 1970; and, in addition, notwithstanding
31 U.S.C. 3302, the Occupational Safety and Health Administration may retain
up to $750,000 per fiscal year of training institute course tuition fees,
otherwise authorized by law to be collected, and may utilize such sums for
occupational safety and health training and education grants:
Provided, That, notwithstanding 31 U.S.C. 3302, the Secretary of
Labor is authorized, during the fiscal year ending September 30, 2001, to
collect and retain fees for services provided to Nationally Recognized Testing
Laboratories, and may utilize such sums, in accordance with the provisions of
29 U.S.C. 9a, to administer national and international laboratory recognition
programs that ensure the safety of equipment and products used by workers in
the workplace: Provided further, That none of the funds appropriated
under this paragraph shall be obligated or expended to prescribe, issue,
administer, or enforce any standard, rule, regulation, or order under the
Occupational Safety and Health Act of 1970 which is applicable to any person
who is engaged in a farming operation which does not maintain a temporary
labor camp and employs 10 or fewer employees: Provided further, That
no funds appropriated under this paragraph shall be obligated or expended to
administer or enforce any standard, rule, regulation, or order under the
Occupational Safety and Health Act of 1970 with respect to any employer of 10
or fewer employees who is included within a category having an occupational
injury lost workday case rate, at the most precise Standard Industrial
Classification Code for which such data are published, less than the national
average rate as such rates are most recently published by the Secretary,
acting through the Bureau of Labor Statistics, in accordance with section 24
of that Act (29 U.S.C. 673), except--
(1) to provide, as authorized by such Act, consultation, technical
assistance, educational and training services, and to conduct surveys and
studies;
(2) to conduct an inspection or investigation in response to an employee
complaint, to issue a citation for violations found during such inspection,
and to assess a penalty for violations which are not corrected within a
reasonable abatement period and for any willful violations found;
(3) to take any action authorized by such Act with respect to imminent
dangers;
(4) to take any action authorized by such Act with respect to health
hazards;
(5) to take any action authorized by such Act with respect to a report
of an employment accident which is fatal to one or more employees or which
results in hospitalization of two or more employees, and to take any action
pursuant to such investigation authorized by such Act; and
(6) to take any action authorized by such Act with respect to complaints
of discrimination against employees for exercising rights under such
Act:
Provided further, That the foregoing proviso shall not apply to
any person who is engaged in a farming operation which does not maintain a
temporary labor camp and employs 10 or fewer employees.
Mine Safety and Health Administration
SALARIES AND EXPENSES
For necessary expenses for the Mine Safety and Health Administration,
$244,747,000, including purchase and bestowal of certificates and trophies in
connection with mine rescue and first-aid work, and the hire of passenger
motor vehicles; including up to $1,000,000 for mine rescue and recovery
activities, which shall be available only to the extent that fiscal year 2001
obligations for these activities exceed $1,000,000; in addition, not to exceed
$750,000 may be collected by the National Mine Health and Safety Academy for
room, board, tuition, and the sale of training materials, otherwise authorized
by law to be collected, to be available for mine safety and health education
and training activities, notwithstanding 31 U.S.C. 3302; and, in addition, the
Administration may retain up to $1,000,000 from fees collected for the
approval and certification of equipment, materials, and explosives for use in
mines, and may utilize such sums for such activities; the Secretary is
authorized to accept lands, buildings, equipment, and other contributions from
public and private sources and to prosecute projects in cooperation with other
agencies, Federal, State, or private; the Mine Safety and Health
Administration is authorized to promote health and safety education and
training in the mining community through cooperative programs with States,
industry, and safety associations; and any funds available to the department
may be used, with the approval of the Secretary, to provide for the costs of
mine rescue and survival operations in the event of a major disaster.
Bureau of Labor Statistics
SALARIES AND EXPENSES
For necessary expenses for the Bureau of Labor Statistics, including
advances or reimbursements to State, Federal, and local agencies and their
employees for services rendered, $369,327,000, together with not to exceed
$67,257,000, which may be expended from the Employment Security Administration
account in the Unemployment Trust Fund; and $10,000,000 which shall be
available for obligation for the period July 1, 2001 through June 30, 2002,
for Occupational Employment Statistics.
Departmental Management
SALARIES AND EXPENSES
For necessary expenses for Departmental Management, including the hire of
three sedans, and including the management or operation, through contracts,
grants or other arrangements, of Departmental bilateral and multilateral
foreign technical assistance, of which the funds designated to carry out
bilateral assistance under the international child labor initiative shall be
available for obligation through September 30, 2002, $30,000,000 for the
acquisition of Departmental information technology, architecture,
infrastructure, equipment, software and related needs which will be allocated
by the Department's Chief Information Officer in accordance with the
Department's capital investment management process to assure a sound
investment strategy; $337,964,000: Provided, That no funds made
available by this Act may be used by the Solicitor of Labor to participate in
a review in any United States court of appeals of any decision made by the
Benefits Review Board under section 21 of the Longshore and Harbor Workers'
Compensation Act (33 U.S.C. 921) where such participation is precluded by the
decision of the United States Supreme Court in Director, Office of Workers'
Compensation Programs v. Newport News Shipbuilding, 115 S. Ct. 1278 (1995),
notwithstanding any provisions to the contrary contained in Rule 15 of the
Federal Rules of Appellate Procedure: Provided further, That no funds
made available by this Act may be used by the Secretary of Labor to review a
decision under the Longshore and Harbor Workers' Compensation Act (33 U.S.C.
901 et seq.) that has been appealed and that has been pending before the
Benefits Review Board for more than 12 months: Provided further, That
any such decision pending a review by the Benefits Review Board for more than
1 year shall be considered affirmed by the Benefits Review Board on the 1-year
anniversary of the filing of the appeal, and shall be considered the final
order of the Board for purposes of obtaining a review in the United States
courts of appeals: Provided further, That these provisions shall not
be applicable to the review or appeal of any decision issued under the Black
Lung Benefits Act (30 U.S.C. 901 et seq.): Provided further, That
beginning in fiscal year 2001, there is established in the Department of Labor
an office of disability employment policy which shall, under the overall
direction of the Secretary, provide leadership, develop policy and
initiatives, and award grants furthering the objective of eliminating barriers
to the training and employment of people with disabilities. Such office shall
be headed by an assistant secretary: Provided further, That of
amounts provided under this head, not more than $23,002,000 is for this
purpose.
VETERANS EMPLOYMENT AND TRAINING
Not to exceed $186,913,000 may be derived from the Employment Security
Administration account in the Unemployment Trust Fund to carry out the
provisions of 38 U.S.C. 4100-4110A, 4212, 4214, and 4321-4327, and Public Law
103-353, and which shall be available for obligation by the States through
December 31, 2001. To carry out the Stewart B. McKinney Homeless Assistance
Act and section 168 of the Workforce Investment Act of 1998, $19,800,000, of
which $7,300,000 shall be available for obligation for the period July 1,
2001, through June 30, 2002.
OFFICE OF INSPECTOR GENERAL
For salaries and expenses of the Office of Inspector General in carrying
out the provisions of the Inspector General Act of 1978, as amended,
$50,015,000, together with not to exceed $4,770,000, which may be expended
from the Employment Security Administration account in the Unemployment Trust
Fund.
GENERAL PROVISIONS
SEC. 101. None of the funds appropriated in this title for the Job Corps
shall be used to pay the compensation of an individual, either as direct costs
or any proration as an indirect cost, at a rate in excess of Executive Level
II.
(TRANSFER OF FUNDS)
SEC. 102. Not to exceed 1 percent of any discretionary funds (pursuant to
the Balanced Budget and Emergency Deficit Control Act of 1985, as amended)
which are appropriated for the current fiscal year for the Department of Labor
in this Act may be transferred between appropriations, but no such
appropriation shall be increased by more than 3 percent by any such transfer:
Provided, That the Appropriations Committees of both Houses of
Congress are notified at least 15 days in advance of any transfer.
SEC. 103. EXTENDED DEADLINE FOR EXPENDITURE. Section 403(a)(5)(C)(viii) of
the Social Security Act (42 U.S.C. 603(a)(5)(C)(viii)) (as amended by section
806(b) of the Departments of Labor, Health and Human Services, and Education,
and Related Agencies Appropriations Act, 2000 (as enacted into law by section
1000(a)(4) of Public Law 106-113)) is amended by striking `3 years' and
inserting `5 years'.
SEC. 104. ELIMINATION OF SET-ASIDE OF PORTION OF WELFARE-TO-WORK FUNDS FOR
PERFORMANCE BONUSES. (a) IN GENERAL- Section 403(a)(5) of the Social Security
Act (as amended by section 806(b) of the Departments of Labor, Health and
Human Services, and Education, and Related Agencies Appropriations Act, 2000
(as enacted into law by section 1000(a)(4) of Public Law 106-113)) is amended
by striking subparagraph (E) and redesignating subparagraphs (F) through (K)
as subparagraphs (E) through (J), respectively.
(b) CONFORMING AMENDMENTS- The Social Security Act (as amended by section
806(b) of the Departments of Labor, Health and Human Services, and Education,
and Related Agencies Appropriations Act, 2000 (as enacted into law by section
1000(a)(4) of Public Law 106-113)) is further amended as follows:
(1) Section 403(a)(5)(A)(i) (42 U.S.C. 603(a)(5)(A)(i)) is amended by
striking `subparagraph (I)' and inserting `subparagraph (H)'.
(2) Subclause (I) of each of subparagraphs (A)(iv) and (B)(v) of section
403(a)(5) (42 U.S.C. 603(a)(5)(A)(iv)(I) and (B)(v)(I)) is amended--
(i) by striking `(I)' and inserting `(H)'; and
(ii) by striking `(G), and (H)' and inserting `and (G)';
and
(B) in item (bb), by striking `(F)' and inserting `(E)'.
(3) Section 403(a)(5)(B)(v) (42 U.S.C. 603(a)(5)(B)(v)) is amended in
the matter preceding subclause (I) by striking `(I)' and inserting
`(H)'.
(4) Subparagraphs (E), (F), and (G)(i) of section 403(a)(5) (42 U.S.C.
603(a)(5)), as so redesignated by subsection (a) of this section, are each
amended by striking `(I)' and inserting `(H)'.
(5) Section 412(a)(3)(A) (42 U.S.C. 612(a)(3)(A)) is amended by striking
`403(a)(5)(I)' and inserting `403(a)(5)(H)'.
(c) FUNDING AMENDMENT- Section 403(a)(5)(H)(i)(II) of such Act (42 U.S.C.
603(a)(5)(H)(i))(II) (as redesignated by subsection (a) of this section and as
amended by section 806(b) of the Departments of Labor, Health and Human
Services, and Education, and Related Agencies Appropriations Act, 2000 (as
enacted into law by section 1000(a)(4) of Public Law 106-113)) is further
amended by striking `$1,450,000,000' and inserting `$1,400,000,000'.
(d) EFFECTIVE DATE- The amendments made by subsections (a), (b), and (c)
of this section shall take effect on October 1, 2000.
TITLE II--DEPARTMENT OF HEALTH AND HUMAN SERVICES
Health Resources and Services Administration
HEALTH RESOURCES AND SERVICES
For carrying out titles II, III, VII, VIII, X, XII, XIX, and XXVI of the
Public Health Service Act, section 427(a) of the Federal Coal Mine Health and
Safety Act, title V and section 1820 of the Social Security Act, the Health
Care Quality Improvement Act of 1986, as amended, and the Native Hawaiian
Health Care Act of 1988, as amended, $4,522,424,000, of which $150,000 shall
remain available until expended for interest subsidies on loan guarantees made
prior to fiscal year 1981 under part B of title VII of the Public Health
Service Act, and of which $10,000,000 shall be available for the construction
and renovation of health care and other facilities, of which $25,000,000 from
general revenues, notwithstanding section 1820(j) of the Social Security Act,
shall be available for carrying out the Medicare rural hospital flexibility
grants program under section 1820 of such Act: Provided, That the
Division of Federal Occupational Health may utilize personal services
contracting to employ professional management/administrative and occupational
health professionals: Provided further, That of the funds made
available under this heading, $250,000 shall be available until expended for
facilities renovations at the Gillis W. Long Hansen's Disease Center:
Provided further, That in addition to fees authorized by section
427(b) of the Health Care Quality Improvement Act of 1986, fees shall be
collected for the full disclosure of information under the Act sufficient to
recover the full costs of operating the National Practitioner Data Bank, and
shall remain available until expended to carry out that Act: Provided
further, That fees collected for the full disclosure of information under
the `Health Care Fraud and Abuse Data Collection Program', authorized by
section 221 of the Health Insurance Portability and Accountability Act of
1996, shall be sufficient to recover the full costs of operating the Program,
and shall remain available to carry out that Act until expended: Provided
further, That no more than $5,000,000 is available for carrying out the
provisions of Public Law 104-73: Provided further, That of the funds
made available under this heading, $253,932,000 shall be for the program under
title X of the Public Health Service Act to provide for voluntary family
planning projects: Provided further, That amounts provided to said
projects under such title shall not be expended for abortions, that all
pregnancy counseling shall be nondirective, and that such amounts shall not be
expended for any activity (including the publication or distribution of
literature) that in any way tends to promote public support or opposition to
any legislative proposal or candidate for public office: Provided
further, That $538,000,000 shall be for State AIDS Drug Assistance
Programs authorized by section 2616 of the Public Health Service Act.
RICKY RAY HEMOPHILIA RELIEF FUND PROGRAM
For payment to the Ricky Ray Hemophilia Relief Fund, as provided by Public
Law 105-369, $85,000,000, of which $10,000,000 shall be for program
management.
HEALTH EDUCATION ASSISTANCE LOANS PROGRAM ACCOUNT
Such sums as may be necessary to carry out the purpose of the program, as
authorized by title VII of the Public Health Service Act, as amended. For
administrative expenses to carry out the guaranteed loan program, including
section 709 of the Public Health Service Act, $3,679,000.
VACCINE INJURY COMPENSATION PROGRAM TRUST FUND
For payments from the Vaccine Injury Compensation Program Trust Fund, such
sums as may be necessary for claims associated with vaccine-related injury or
death with respect to vaccines administered after September 30, 1988, pursuant
to subtitle 2 of title XXI of the Public Health Service Act, to remain
available until expended: Provided, That for necessary administrative
expenses, not to exceed $2,992,000 shall be available from the Trust Fund to
the Secretary of Health and Human Services.
Centers for Disease Control and Prevention
DISEASE CONTROL, RESEARCH, AND TRAINING
To carry out titles II, III, VII, XI, XV, XVII, XIX and XXVI of the Public
Health Service Act, sections 101, 102, 103, 201, 202, 203, 301, and 501 of the
Federal Mine Safety and Health Act of 1977, sections 20, 21, and 22 of the
Occupational Safety and Health Act of 1970, title IV of the Immigration and
Nationality Act and section 501 of the Refugee Education Assistance Act of
1980; including insurance of official motor vehicles in foreign countries; and
hire, maintenance, and operation of aircraft, $3,204,496,000, of which
$175,000,000 shall remain available until expended for the facilities master
plan for equipment and construction and renovation of facilities, and in
addition, such sums as may be derived from authorized user fees, which shall
be credited to this account: Provided, That in addition to amounts
provided herein, up to $91,129,000 shall be available from amounts available
under section 241 of the Public Health Service Act: Provided further,
That none of the funds made available for injury prevention and control at the
Centers for Disease Control and Prevention may be used to advocate or promote
gun control: Provided further, That the Director may redirect the
total amount made available under authority of Public Law 101-502, section 3,
dated November 3, 1990, to activities the Director may so designate:
Provided further, That the Congress is to be notified promptly of any
such transfer: Provided further, That not to exceed $10,000,000 may
be available for making grants under section 1509 of the Public Health Service
Act to not more than 15 States: Provided further, That
notwithstanding any other provision of law, a single contract or related
contracts for development and construction of facilities may be employed which
collectively include the full scope of the project: Provided further,
That the solicitation and contract shall contain the clause `availability of
funds' found at 48. CFR 52.232-18.
National Institutes of Health
NATIONAL CANCER INSTITUTE
For carrying out section 301 and title IV of the Public Health Service Act
with respect to cancer, $3,804,084,000.
NATIONAL HEART, LUNG, AND BLOOD INSTITUTE
For carrying out section 301 and title IV of the Public Health Service Act
with respect to cardiovascular, lung, and blood diseases, and blood and blood
products, $2,328,102,000.
NATIONAL INSTITUTE OF DENTAL AND CRANIOFACIAL RESEARCH
For carrying out section 301 and title IV of the Public Health Service Act
with respect to dental disease, $309,923,000.
NATIONAL INSTITUTE OF DIABETES AND DIGESTIVE AND KIDNEY DISEASES
For carrying out section 301 and title IV of the Public Health Service Act
with respect to diabetes and digestive and kidney disease, $1,318,106,000.
NATIONAL INSTITUTE OF NEUROLOGICAL DISORDERS AND STROKE
For carrying out section 301 and title IV of the Public Health Service Act
with respect to neurological disorders and stroke, $1,189,425,000.
NATIONAL INSTITUTE OF ALLERGY AND INFECTIOUS DISEASES
For carrying out section 301 and title IV of the Public Health Service Act
with respect to allergy and infectious diseases, $2,066,526,000.
NATIONAL INSTITUTE OF GENERAL MEDICAL SCIENCES
For carrying out section 301 and title IV of the Public Health Service Act
with respect to general medical sciences, $1,554,176,000.
NATIONAL INSTITUTE OF CHILD HEALTH AND HUMAN DEVELOPMENT
For carrying out section 301 and title IV of the Public Health Service Act
with respect to child health and human development, $986,069,000.
NATIONAL EYE INSTITUTE
For carrying out section 301 and title IV of the Public Health Service Act
with respect to eye diseases and visual disorders, $516,605,000.
NATIONAL INSTITUTE OF ENVIRONMENTAL HEALTH SCIENCES
For carrying out sections 301 and 311 and title IV of the Public Health
Service Act with respect to environmental health sciences, $508,263,000.
NATIONAL INSTITUTE ON AGING
For carrying out section 301 and title IV of the Public Health Service Act
with respect to aging, $794,625,000.
NATIONAL INSTITUTE OF ARTHRITIS AND MUSCULOSKELETAL AND SKIN DISEASES
For carrying out section 301 and title IV of the Public Health Service Act
with respect to arthritis and musculoskeletal and skin diseases,
$401,161,000.
NATIONAL INSTITUTE ON DEAFNESS AND OTHER COMMUNICATION DISORDERS
For carrying out section 301 and title IV of the Public Health Service Act
with respect to deafness and other communication disorders, $303,541,000.
NATIONAL INSTITUTE OF NURSING RESEARCH
For carrying out section 301 and title IV of the Public Health Service Act
with respect to nursing research, $106,848,000.
NATIONAL INSTITUTE ON ALCOHOL ABUSE AND ALCOHOLISM
For carrying out section 301 and title IV of the Public Health Service Act
with respect to alcohol abuse and alcoholism, $336,848,000.
NATIONAL INSTITUTE ON DRUG ABUSE
For carrying out section 301 and title IV of the Public Health Service Act
with respect to drug abuse, $790,038,000.
NATIONAL INSTITUTE OF MENTAL HEALTH
For carrying out section 301 and title IV of the Public Health Service Act
with respect to mental health, $1,117,928,000.
NATIONAL HUMAN GENOME RESEARCH INSTITUTE
For carrying out section 301 and title IV of the Public Health Service Act
with respect to human genome research, $385,888,000.
NATIONAL CENTER FOR RESEARCH RESOURCES
For carrying out section 301 and title IV of the Public Health Service Act
with respect to research resources and general research support grants,
$775,212,000: Provided, That none of these funds shall be used to pay
recipients of the general research support grants program any amount for
indirect expenses in connection with such grants: Provided further,
That $75,000,000 shall be for extramural facilities construction grants.
NATIONAL CENTER FOR COMPLEMENTARY AND ALTERNATIVE MEDICINE
For carrying out section 301 and title IV of the Public Health Service Act
with respect to complementary and alternative medicine, $100,089,000.
JOHN E. FOGARTY INTERNATIONAL CENTER
For carrying out the activities at the John E. Fogarty International
Center, $61,260,000.
NATIONAL LIBRARY OF MEDICINE
For carrying out section 301 and title IV of the Public Health Service Act
with respect to health information communications, $256,953,000, of which
$4,000,000 shall be available until expended for improvement of information
systems: Provided, That in fiscal year 2001, the Library may enter
into personal services contracts for the provision of services in facilities
owned, operated, or constructed under the jurisdiction of the National
Institutes of Health.
OFFICE OF THE DIRECTOR
(INCLUDING TRANSFER OF FUNDS)
For carrying out the responsibilities of the Office of the Director,
National Institutes of Health, $352,165,000, of which $48,271,000 shall be for
the Office of AIDS Research: Provided, That funding shall be
available for the purchase of not to exceed 20 passenger motor vehicles for
replacement only: Provided further, That the Director may direct up
to 1 percent of the total amount made available in this or any other Act to
all National Institutes of Health appropriations to activities the Director
may so designate: Provided further, That no such appropriation shall
be decreased by more than 1 percent by any such transfers and that the
Congress is promptly notified of the transfer: Provided further, That
the National Institutes of Health is authorized to collect third party
payments for the cost of clinical services that are incurred in National
Institutes of Health research facilities and that such payments shall be
credited to the National Institutes of Health Management Fund: Provided
further, That all funds credited to the National Institutes of Health
Management Fund shall remain available for one fiscal year after the fiscal
year in which they are deposited: Provided further, That up to
$500,000 shall be available to carry out section 499 of the Public Health
Service Act: Provided further, That, notwithstanding section
499(k)(10) of the Public Health Service Act, funds from the Foundation for the
National Institutes of Health may be transferred to the National Institutes of
Health.
BUILDINGS AND FACILITIES
For the study of, construction of, and acquisition of equipment for,
facilities of or used by the National Institutes of Health, including the
acquisition of real property, $148,900,000, to remain available until
expended, of which $47,300,000 shall be for the neuroscience research center:
Provided, That notwithstanding any other provision of law, a single
contract or related contracts for the development and construction of the
first phase of the National Neuroscience Research Center may be employed which
collectively include the full scope of the project: Provided further,
That the solicitation and contract shall contain the clause `availability of
funds' found at 48 CFR 52.232-18.
Substance Abuse and Mental Health Services Administration
SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES
For carrying out titles V and XIX of the Public Health Service Act with
respect to substance abuse and mental health services, the Protection and
Advocacy for Mentally Ill Individuals Act of 1986, and section 301 of the
Public Health Service Act with respect to program management, $2,730,757,000:
Provided, That in addition to amounts provided herein, $12,000,000
shall be available from amounts available under section 241 of the Public
Health Services Act, to carry out the National Household Survey on Drug
Abuse.
Agency for Healthcare Research and Quality
HEALTHCARE RESEARCH AND QUALITY
For carrying out titles III and IX of the Public Health Service Act,
amounts received from Freedom of Information Act fees, reimbursable and
interagency agreements, and the sale of data shall be credited to this
appropriation and shall remain available until expended: Provided,
That the amount made available pursuant to section 926(b) of the Public Health
Service Act shall not exceed $269,943,000.
Health Care Financing Administration
GRANTS TO STATES FOR MEDICAID
For carrying out, except as otherwise provided, titles XI and XIX of the
Social Security Act, $93,586,251,000, to remain available until expended.
For making, after May 31, 2001, payments to States under title XIX of the
Social Security Act for the last quarter of fiscal year 2001 for unanticipated
costs, incurred for the current fiscal year, such sums as may be necessary.
For making payments to States or in the case of section 1928 on behalf of
States under title XIX of the Social Security Act for the first quarter of
fiscal year 2002, $36,207,551,000, to remain available until expended.
Payment under title XIX may be made for any quarter with respect to a
State plan or plan amendment in effect during such quarter, if submitted in or
prior to such quarter and approved in that or any subsequent quarter.
PAYMENTS TO HEALTH CARE TRUST FUNDS
For payment to the Federal Hospital Insurance and the Federal
Supplementary Medical Insurance Trust Funds, as provided under sections 217(g)
and 1844 of the Social Security Act, sections 103(c) and 111(d) of the Social
Security Amendments of 1965, section 278(d) of Public Law 97-248, and for
administrative expenses incurred pursuant to section 201(g) of the Social
Security Act, $70,381,600,000.
PROGRAM MANAGEMENT
For carrying out, except as otherwise provided, titles XI, XVIII, XIX, and
XXI of the Social Security Act, titles XIII and XXVII of the Public Health
Service Act, and the Clinical Laboratory Improvement Amendments of 1988, not
to exceed $2,018,500,000, to be transferred from the Federal Hospital
Insurance and the Federal Supplementary Medical Insurance Trust Funds, as
authorized by section 201(g) of the Social Security Act; together with all
funds collected in accordance with section 353 of the Public Health Service
Act and such sums as may be collected from authorized user fees and the sale
of data, which shall remain available until expended, and together with
administrative fees collected relative to Medicare overpayment recovery
activities, which shall remain available until expended: Provided,
That all funds derived in accordance with 31 U.S.C. 9701 from organizations
established under title XIII of the Public Health Service Act shall be
credited to and available for carrying out the purposes of this appropriation:
Provided further, That $18,000,000 appropriated under this heading
for the managed care system redesign shall remain available until expended:
Provided further, That $3,000,000 of the amount available for
research, demonstration, and evaluation activities shall be available to
continue carrying out demonstration projects on Medicaid coverage of
community-based attendant care services for people with disabilities which
ensures maximum control by the consumer to select and manage their attendant
care services: Provided further, That the Secretary of Health and
Human Services is directed to collect fees in fiscal year 2001 from
Medicare+Choice organizations pursuant to section 1857(e)(2) of the Social
Security Act and from eligible organizations with risk-sharing contracts under
section 1876 of that Act pursuant to section 1876(k)(4)(D) of that Act:
Provided further, That administrative fees collected relative to
Medicare overpayment recovery activities shall be transferred to the Health
Care Fraud and Abuse Control (HCFAC) account, to be used for Medicare
Integrity Program (MIP) activities in addition to the amounts already
specified, and shall remain available until expended.
Administration for Children and Families
LOW INCOME HOME ENERGY ASSISTANCE
For making payments under title XXVI of the Omnibus Reconciliation Act of
1981, $300,000,000: Provided, That these funds are hereby designated
by the Congress to be emergency requirements pursuant to section 251(b)(2)(A)
of the Balanced Budget and Emergency Deficit Control Act of 1985: Provided
further, That these funds shall be made available only after submission
to the Congress of a formal budget request by the President that includes
designation of the entire amount of the request as an emergency requirement as
defined in such Act.
REFUGEE AND ENTRANT ASSISTANCE
For making payments for refugee and entrant assistance activities
authorized by title IV of the Immigration and Nationality Act and section 501
of the Refugee Education Assistance Act of 1980 (Public Law 96-422),
$418,321,000, to remain available through September 30, 2003.
For carrying out section 5 of the Torture Victims Relief Act of 1998
(Public Law 105-320), $7,265,000.
PAYMENTS TO STATES FOR CHILD SUPPORT ENFORCEMENT AND FAMILY SUPPORT
PROGRAMS
For making payments to States or other non-Federal entities under titles
I, IV-D, X, XI, XIV, and XVI of the Social Security Act and the Act of July 5,
1960 (24 U.S.C. ch. 9), $2,473,880,000, to remain available until expended;
and for such purposes for the first quarter of fiscal year 2002,
$1,000,000,000, to remain available until expended.
For making payments to each State for carrying out the program of Aid to
Families with Dependent Children under title IV-A of the Social Security Act
before the effective date of the program of Temporary Assistance to Needy
Families (TANF) with respect to such State, such sums as may be necessary:
Provided, That the sum of the amounts available to a State with
respect to expenditures under such title IV-A in fiscal year 1997 under this
appropriation and under such title IV-A as amended by the Personal
Responsibility and Work Opportunity Reconciliation Act of 1996 shall not
exceed the limitations under section 116(b) of such Act.
For making, after May 31 of the current fiscal year, payments to States or
other non-Federal entities under titles I, IV-D, X, XI, XIV, and XVI of the
Social Security Act and the Act of July 5, 1960 (24 U.S.C. ch. 9), for the
last 3 months of the current year for unanticipated costs, incurred for the
current fiscal year, such sums as may be necessary.
PAYMENTS TO STATES FOR THE CHILD CARE AND DEVELOPMENT BLOCK GRANT
For carrying out sections 658A through 658R of the Omnibus Budget
Reconciliation Act of 1981 (The Child Care and Development Block Grant Act of
1990), in addition to amounts already appropriated for fiscal year 2001,
$817,328,000: Provided, That of the funds appropriated for fiscal
year 2001, $19,120,000 shall be available for child care resource and referral
and school-aged child care activities: Provided further, That of the
funds appropriated for fiscal year 2001, in addition to the amounts required
to be reserved by the States under section 658G, $222,672,000 shall be
reserved by the States for activities authorized under section 658G, of which
$60,000,000 shall be for activities that improve the quality of infant and
toddler child care.
SOCIAL SERVICES BLOCK GRANT
For making grants to States pursuant to section 2002 of the Social
Security Act, $600,000,000: Provided, That notwithstanding section
2003(c) of such Act, as amended, the amount specified for allocation under
such section for fiscal year 2001 shall be $600,000,000.
CHILDREN AND FAMILIES SERVICES PROGRAMS
(INCLUDING RESCISSIONS)
For carrying out, except as otherwise provided, the Runaway and Homeless
Youth Act, the Developmental Disabilities Assistance and Bill of Rights Act,
the Head Start Act, the Child Abuse Prevention and Treatment Act, the Native
American Programs Act of 1974, title II of Public Law 95-266 (adoption
opportunities), the Adoption and Safe Families Act of 1997 (Public Law
105-89), the Abandoned Infants Assistance Act of 1988, part B(1) of title IV
and sections 413, 429A, 1110, and 1115 of the Social Security Act; for making
payments under the Community Services Block Grant Act, section 473A of the
Social Security Act, and title IV of Public Law 105-285; and for necessary
administrative expenses to carry out said Acts and titles I, IV, X, XI, XIV,
XVI, and XX of the Social Security Act, the Act of July 5, 1960 (24 U.S.C. ch.
9), the Omnibus Budget Reconciliation Act of 1981, title IV of the Immigration
and Nationality Act, section 501 of the Refugee Education Assistance Act of
1980, section 5 of the Torture Victims Relief Act of 1998 (Public Law
105-320), sections 40155, 40211, and 40241 of Public Law 103-322 and section
126 and titles IV and V of Public Law 100-485, $7,881,586,000, of which
$41,791,000, to remain available until September 30, 2002, shall be for grants
to States for adoption incentive payments, as authorized by section 473A of
title IV of the Social Security Act (42 U.S.C. 670-679); of which
$134,074,000, to remain available until expended, shall be for activities
authorized by sections 40155, 40211, and 40241 of Public Law 103-322; of which
$606,676,000 shall be for making payments under the Community Services Block
Grant Act; and of which $6,267,000,000 shall be for making payments under the
Head Start Act, of which $1,400,000,000 shall become available October 1, 2001
and remain available through September 30, 2002: Provided, That to
the extent Community Services Block Grant funds are distributed as grant funds
by a State to an eligible entity as provided under the Act, and have not been
expended by such entity, they shall remain with such entity for carryover into
the next fiscal year for expenditure by such entity consistent with program
purposes: Provided further, That the Secretary shall establish
procedures regarding the disposition of intangible property which permits
grant funds, or intangible assets acquired with funds authorized under section
680 of the Community Services Block Grant Act, as amended, to become the sole
property of such grantees after a period of not more than 12 years after the
end of the grant for purposes and uses consistent with the original grant.
Funds appropriated for fiscal year 2000 under section 429A(e), part B of
title IV of the Social Security Act shall be reduced by $6,000,000.
Funds appropriated for fiscal year 2000 under section 413(h)(1) of the
Social Security Act shall be reduced by $15,000,000.
PROMOTING SAFE AND STABLE FAMILIES
For carrying out section 430 of the Social Security Act, $305,000,000.
PAYMENTS TO STATES FOR FOSTER CARE AND ADOPTION ASSISTANCE
For making payments to States or other non-Federal entities under title
IV-E of the Social Security Act, $4,868,100,000.
For making payments to States or other non-Federal entities under title
IV-E of the Social Security Act, for the first quarter of fiscal year 2002,
$1,735,900,000.
Administration on Aging
AGING SERVICES PROGRAMS
For carrying out, to the extent not otherwise provided, the Older
Americans Act of 1965, as amended, and section 398 of the Public Health
Service Act, $954,619,000: Provided, That notwithstanding section
308(b)(1) of the Older Americans Act of 1965, as amended, the amounts
available to each State for administration of the State plan under title III
of such Act shall be reduced not more than 5 percent below the amount that was
available to such State for such purpose for fiscal year 1995: Provided
further, That in considering grant applications for nutrition services
for elder Indian recipients, the Assistant Secretary shall provide maximum
flexibility to applicants who seek to take into account subsistence, local
customs, and other characteristics that are appropriate to the unique
cultural, regional, and geographic needs of the American Indian, Alaska and
Hawaiian Native communities to be served.
Office of the Secretary
GENERAL DEPARTMENTAL MANAGEMENT
For necessary expenses, not otherwise provided, for general departmental
management, including hire of six sedans, and for carrying out titles III,
XVII, and XX of the Public Health Service Act, and the United States-Mexico
Border Health Commission Act, $206,766,000, together with $5,851,000, to be
transferred and expended as authorized by section 201(g)(1) of the Social
Security Act from the Hospital Insurance Trust Fund and the Supplemental
Medical Insurance Trust Fund: Provided further, That of the funds
made available under this heading for carrying out title XX of the Public
Health Service Act, $10,569,000 shall be for activities specified under
section 2003(b)(2), of which $9,131,000 shall be for prevention service
demonstration grants under section 510(b)(2) of title V of the Social Security
Act, as amended, without application of the limitation of section 2010(c) of
said title XX.
OFFICE OF INSPECTOR GENERAL
For expenses necessary for the Office of Inspector General in carrying out
the provisions of the Inspector General Act of 1978, as amended,
$33,849,000.
OFFICE FOR CIVIL RIGHTS
For expenses necessary for the Office for Civil Rights, $20,742,000,
together with not to exceed $3,314,000, to be transferred and expended as
authorized by section 201(g)(1) of the Social Security Act from the Hospital
Insurance Trust Fund and the Supplemental Medical Insurance Trust Fund.
POLICY RESEARCH
For carrying out, to the extent not otherwise provided, research studies
under section 1110 of the Social Security Act, $16,738,000.
RETIREMENT PAY AND MEDICAL BENEFITS FOR COMMISSIONED OFFICERS
For retirement pay and medical benefits of Public Health Service
Commissioned Officers as authorized by law, for payments under the Retired
Serviceman's Family Protection Plan and Survivor Benefit Plan, for medical
care of dependents and retired personnel under the Dependents' Medical Care
Act (10 U.S.C. ch. 55), and for payments pursuant to section 229(b) of the
Social Security Act (42 U.S.C. 429(b)), such amounts as may be required during
the current fiscal year.
Public Health and Social Services Emergency Fund
For public health and social services, $264,600,000.
GENERAL PROVISIONS
SEC. 201. Funds appropriated in this title shall be available for not to
exceed $37,000 for official reception and representation expenses when
specifically approved by the Secretary.
SEC. 202. The Secretary shall make available through assignment not more
than 60 employees of the Public Health Service to assist in child survival
activities and to work in AIDS programs through and with funds provided by the
Agency for International Development, the United Nations International
Children's Emergency Fund or the World Health Organization.
SEC. 203. None of the funds appropriated under this Act may be used to
implement section 399L(b) of the Public Health Service Act or section 1503 of
the National Institutes of Health Revitalization Act of 1993, Public Law
103-43.
SEC. 204. None of the funds appropriated in this Act for the National
Institutes of Health and the Substance Abuse and Mental Health Services
Administration shall be used to pay the salary of an individual, through a
grant or other extramural mechanism, at a rate in excess of Executive Level
II.
SEC. 205. Notwithstanding section 241(a) of the Public Health Service Act,
such portion as the Secretary shall determine, but not more than 1.6 percent,
of any amounts appropriated for programs authorized under the PHS Act shall be
made available for the evaluation (directly or by grants or contracts) of the
implementation and effectiveness of such programs.
(TRANSFER OF FUNDS)
SEC. 206. Not to exceed 1 percent of any discretionary funds (pursuant to
the Balanced Budget and Emergency Deficit Control Act of 1985, as amended)
which are appropriated for the current fiscal year for the Department of
Health and Human Services in this Act may be transferred between
appropriations, but no such appropriation shall be increased by more than 3
percent by any such transfer: Provided, That the Appropriations
Committees of both Houses of Congress are notified at least 15 days in advance
of any transfer.
SEC. 207. The Director of the National Institutes of Health, jointly with
the Director of the Office of AIDS Research, may transfer up to 3 percent
among institutes, centers, and divisions from the total amounts identified by
these two Directors as funding for research pertaining to the human
immunodeficiency virus: Provided, That the Congress is promptly
notified of the transfer.
SEC. 208. Of the amounts made available in this Act for the National
Institutes of Health, the amount for research related to the human
immunodeficiency virus, as jointly determined by the Director of the National
Institutes of Health and the Director of the Office of AIDS Research, shall be
made available to the `Office of AIDS Research' account. The Director of the
Office of AIDS Research shall transfer from such account amounts necessary to
carry out section 2353(d)(3) of the Public Health Service Act.
SEC. 209. None of the funds appropriated in this Act may be made available
to any entity under title X of the Public Health Service Act unless the
applicant for the award certifies to the Secretary that it encourages family
participation in the decision of minors to seek family planning services and
that it provides counseling to minors on how to resist attempts to coerce
minors into engaging in sexual activities.
SEC. 210. None of the funds appropriated by this Act (including funds
appropriated to any trust fund) may be used to carry out the Medicare+Choice
program if the Secretary denies participation in such program to an otherwise
eligible entity (including a Provider Sponsored Organization) because the
entity informs the Secretary that it will not provide, pay for, provide
coverage of, or provide referrals for abortions: Provided, That the
Secretary shall make appropriate prospective adjustments to the capitation
payment to such an entity (based on an actuarially sound estimate of the
expected costs of providing the service to such entity's enrollees):
Provided further, That nothing in this section shall be construed to
change the Medicare program's coverage for such services and a Medicare+Choice
organization described in this section shall be responsible for informing
enrollees where to obtain information about all Medicare covered services.
SEC. 211. (a) MENTAL HEALTH- Section 1918(b) of the Public Health Service
Act (42 U.S.C. 300x-7(b)) is amended to read as follows:
`(b) MINIMUM ALLOTMENTS FOR STATES- Each State's allotment for fiscal year
2001 for programs under this subpart shall not be less than such State's
allotment for such programs for fiscal year 2000.'.
(b) SUBSTANCE ABUSE- Section 1933(b) of the Public Health Service Act (42
U.S.C. 300x-33(b)) is amended to read as follows:
`(b) MINIMUM ALLOTMENTS FOR STATES- Each State's allotment for fiscal year
2001 for programs under this subpart shall not be less than such State's
allotment for such programs for fiscal year 2000.'.
SEC. 212. Notwithstanding any other provision of law, no provider of
services under title X of the Public Health Service Act shall be exempt from
any State law requiring notification or the reporting of child abuse, child
molestation, sexual abuse, rape, or incest.
SEC. 213. EXTENSION OF CERTAIN ADJUDICATION PROVISIONS- The Foreign
Operations, Export Financing, and Related Programs Appropriations Act, 1990
(Public Law 101-167) is amended--
(1) in section 599D (8 U.S.C. 1157 note)--
(A) in subsection (b)(3), by striking `1997, 1998, 1999, and 2000' and
inserting `1997, 1998, 1999, 2000 and 2001'; and
(B) in subsection (e), by striking `October 1, 2000' each place it
appears and inserting `October 1, 2001'; and
(2) in section 599E (8 U.S.C. 1255 note) in subsection (b)(2), by
striking `September 30, 2000' and inserting `September 30, 2001'.
SEC. 214. None of the funds provided in this Act or in any other Act
making appropriations for fiscal year 2001 may be used to administer or
implement in Arizona or in the Kansas City, Missouri or in the Kansas City,
Kansas area the Medicare Competitive Pricing Demonstration Project (operated
by the Secretary of Health and Human Services).
SEC. 215. WITHHOLDING OF SUBSTANCE ABUSE FUNDS. (a) IN GENERAL- None of
the funds appropriated by this Act may be used to withhold substance abuse
funding from a State pursuant to section 1926 of the Public Health Service Act
(42 U.S.C. 300x-26) if such State certifies to the Secretary of Health and
Human Services by December 15, 2000 that the State will commit additional
State funds, in accordance with subsection (b), to ensure compliance with
State laws prohibiting the sale of tobacco products to individuals under 18
years of age.
(b) AMOUNT OF STATE FUNDS- The amount of funds to be committed by a State
under subsection (a) shall be equal to 1 percent of such State's substance
abuse block grant allocation for each percentage point by which the State
misses the retailer compliance rate goal established by the Secretary of
Health and Human Services under section 1926 of such Act.
(c) ADDITIONAL STATE FUNDS- The State is to maintain State expenditures in
fiscal year 2001 for tobacco prevention programs and for compliance activities
at a level that is not less than the level of such expenditures maintained by
the State for fiscal year 2000, and adding to that level the additional funds
for tobacco compliance activities required under subsection (a). The State is
to submit a report to the Secretary on all fiscal year 2000 State expenditures
and all fiscal year 2001 obligations for tobacco prevention and compliance
activities by program activity by July 31, 2001.
(d) ENFORCEMENT OF STATE OBLIGATIONS- The Secretary shall exercise
discretion in enforcing the timing of the State obligation of the additional
funds required by the certification described in subsection (a) as late as
July 31, 2000.
SEC. 216. Section 403(a)(3) of the Social Security Act (42 U.S.C.
603(a)(3)) is amended--
(1) in subparagraph (A)--
(A) in clause (i), by striking `and' at the end;
(i) by striking `1999, 2000, and 2001' and inserting `1999 and
2000'; and
(ii) by striking the period at the end and inserting `; and';
and
(C) by adding at the end the following new clause:
`(iii) for fiscal year 2001, a grant in an amount equal to the
amount of the grant to the State under clause (i) for fiscal year 1998.'
and
(2) in subparagraph (G), by inserting at the end, `Upon enactment, the
provisions of this Act that would have been estimated by the Director of the
Office of Management and Budget as changing direct spending and receipts for
fiscal year 2001 under section 252 of the Balanced Budget and Emergency
Deficit Control Act of 1985 (Public Law 99-177), to the extent such changes
would have been estimated to result in savings in fiscal year 2001 of
$240,000,000 in budget authority and $122,000,000 in outlays, shall be
treated as if enacted in an appropriations act pursuant to Rule 3 of the
Budget Scorekeeping Guidelines set forth in the Joint Explanatory Statement
of the Committee of Conference accompanying Conference Report No. 105-217,
thereby changing discretionary spending under section 251 of that
Act.'.
SEC. 217. (a) Notwithstanding Section 2104(f) of the Social Security Act
(the Act), the Secretary of Health and Human Services shall reduce the amounts
allotted to a State under subsection (b) of the Act for fiscal year 1998 by
the applicable amount with respect to the State; and
(b) Notwithstanding Section 2104(a) of the Act, the Secretary shall
increase the amount otherwise payable to each State under such subsection for
fiscal year 2003 by the amount of the reduction made under paragraph (a) of
this section. Funds made available under this subsection shall remain
available through September 30, 2004.
(c) APPLICABLE AMOUNT DEFINED- In subsection (a), with respect to a State,
the term `applicable amount' means, with respect to a State, an amount bearing
the same proportion to $1,900,000,000 as the unexpended balance of its fiscal
year 1998 allotment as of September 30, 2000, which would otherwise be
redistributed to States in fiscal year 2001 under Section 2104(f) of the Act,
bears to the sum of the unexpended balances of fiscal year 1998 allotments for
all States as of September 30, 2000: Provided, That, the applicable
amount for a State shall not exceed the unexpended balance of its fiscal year
1998 allotment as of September 30, 2000.
TITLE III--DEPARTMENT OF EDUCATION
Office of Elementary and Secondary Education
EDUCATION REFORM
For carrying out activities authorized by title IV of the Goals 2000:
Educate America Act as in effect prior to September 30, 2000, and sections
3122, 3132, 3136, and 3141, parts B, C, and D of title III, and part I of
title X of the Elementary and Secondary Education Act of 1965, $1,434,500,000,
of which $40,000,000 shall be for the Goals 2000: Educate America Act, and of
which $192,000,000 shall be for section 3122: Provided, That up to
one-half of 1 percent of the amount available under section 3132 shall be set
aside for the outlying areas, to be distributed on the basis of their relative
need as determined by the Secretary in accordance with the purposes of the
program: Provided further, That if any State educational agency does
not apply for a grant under section 3132, that State's allotment under section
3131 shall be reserved by the Secretary for grants to local educational
agencies in that State that apply directly to the Secretary according to the
terms and conditions published by the Secretary in the Federal Register:
Provided further, That, notwithstanding part I of title X of the
Elementary and Secondary Education Act of 1965 or any other provision of law,
a community-based organization that has experience in providing before- and
after-school services shall be eligible to receive a grant under that part, on
the same basis as a school or consortium described in section 10904 of that
Act, and the Secretary shall give priority to any application for such a grant
that is submitted jointly by such a community-based organization and such a
school or consortium.
EDUCATION FOR THE DISADVANTAGED
For carrying out title I of the Elementary and Secondary Education Act of
1965, and section 418A of the Higher Education Act of 1965, $8,986,800,000, of
which $2,729,958,000 shall become available on July 1, 2001, and shall remain
available through September 30, 2002, and of which $6,223,342,000 shall become
available on October 1, 2001 and shall remain available through September 30,
2002, for academic year 2000-2001: Provided, That $7,113,403,000
shall be available for basic grants under section 1124: Provided
further, That up to $3,500,000 of these funds shall be available to the
Secretary on October 1, 2000, to obtain updated local educational agency level
census poverty data from the Bureau of the Census: Provided further,
That $1,222,397,000 shall be available for concentration grants under section
1124A: Provided further, That grant awards under sections 1124 and
1124A of title I of the Elementary and Secondary Education Act of 1965 shall
be made to each State and local educational agency at no less than 100 percent
of the amount such State or local educational agency received under this
authority for fiscal year 2000: Provided further, That
notwithstanding any other provision of law, grant awards under section 1124A
of title I of the Elementary and Secondary Education Act of 1965 shall be made
to those local educational agencies that received a Concentration Grant under
the Department of Education Appropriations Act, 2000, but are not eligible to
receive such a grant for fiscal year 2001: Provided further, That
each such local educational agency shall receive an amount equal to the
Concentration Grant the agency received in fiscal year 2000, ratably reduced,
if necessary, to ensure that these local educational agencies receive no
greater share of their hold-harmless amounts than other local educational
agencies: Provided further, That notwithstanding any other provision
of law, in calculating the amount of Federal assistance awarded to a State or
local educational agency under any program under title I of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.) on the basis of a
formula described in section 1124 or 1124A of such Act (20 U.S.C. 6333, 6334),
any funds appropriated for the program in excess of the amount appropriated
for the program for fiscal year 2000 shall be awarded according to the
formula, except that, for such purposes, the formula shall be applied only to
States or local educational agencies that experience a reduction under the
program for fiscal year 2001 as a result of the application of the 100 percent
hold harmless provisions under the heading `Education for the Disadvantaged':
Provided further, That the Secretary shall not take into account the
hold harmless provisions in this section in determining State allocations
under any other program administered by the Secretary in any fiscal year.
IMPACT AID
For carrying out programs of financial assistance to federally affected
schools authorized by title VIII of the Elementary and Secondary Education Act
of 1965, $1,030,000,000, of which $818,000,000 shall be for basic support
payments under section 8003(b), $50,000,000 shall be for payments for children
with disabilities under section 8003(d), $82,000,000, to remain available
until expended, shall be for payments under section 8003(f), $25,000,000 shall
be for construction under section 8007, $47,000,000 shall be for Federal
property payments under section 8002 and $8,000,000 to remain available until
expended shall be for facilities maintenance under section 8008.
SCHOOL IMPROVEMENT PROGRAMS
For carrying out school improvement activities authorized by titles II,
IV, V-A and B, VI, IX, X, and XIII of the Elementary and Secondary Education
Act of 1965 (`ESEA'); the Stewart B. McKinney Homeless Assistance Act; and the
Civil Rights Act of 1964 and part B of title VIII of the Higher Education Act
of 1965; $4,672,534,000, of which $1,100,200,000 shall become available on
July 1, 2001, and remain available through September 30, 2002, and of which
$2,915,000,000 shall become available on October 1, 2001 and shall remain
available through September 30, 2002 for academic year 2001-2002:
Provided, That of the amount appropriated, $435,000,000 shall be for
Eisenhower professional development State grants under title II-B and
$3,100,000,000 shall be for title VI and up to $750,000 shall be for an
evaluation of comprehensive regional assistance centers under title XIII of
ESEA: Provided further, That of the amount made available for Title
VI, $2,700,000,000 shall be available, notwithstanding any other provision of
law, for purposes consistent with title VI to be determined by the local
education agency as part of a local strategy for improving academic
achievement: Provided further, That these funds may also be used to
address the shortage of highly qualified teachers to reduce class size,
particularly in early grades, using highly qualified teachers to improve
educational achievement for regular and special needs children; to support
efforts to recruit, train and retrain highly qualified teachers or for school
construction and renovation of facilities, at the sole discretion of the local
educational agency.
READING EXCELLENCE
For necessary expenses to carry out the Reading Excellence Act,
$91,000,000, which shall become available on July 1, 2001 and shall remain
available through September 30, 2002 and $195,000,000 which shall become
available on October 1, 2001 and remain available through September 30,
2002.
INDIAN EDUCATION
For expenses necessary to carry out, to the extent not otherwise provided,
title IX, part A of the Elementary and Secondary Education Act of 1965, as
amended, $115,500,000.
Office of Bilingual Education and Minority Languages Affairs
BILINGUAL AND IMMIGRANT EDUCATION
For carrying out, to the extent not otherwise provided, bilingual, foreign
language and immigrant education activities authorized by parts A and C and
section 7203 of title VII of the Elementary and Secondary Education Act of
1965, without regard to section 7103(b), $443,000,000: Provided, That
State educational agencies may use all, or any part of, their part C
allocation for competitive grants to local educational agencies.
Office of Special Education and Rehabilitative Services
SPECIAL EDUCATION
For carrying out the Individuals with Disabilities Education Act,
$7,352,341,000, of which $2,464,452,000 shall become available for obligation
on July 1, 2001, and shall remain available through September 30, 2002, and of
which $4,624,000,000 shall become available on October 1, 2001 and shall
remain available through September 30, 2002, for academic year 2001-2002:
Provided, That $1,500,000 shall be for the recipient of funds
provided by Public Law 105-78 under section 687(b)(2)(G) of the Act to provide
information on diagnosis, intervention, and teaching strategies for children
with disabilities: Provided further, That the amount for section
611(c) of the Act shall be equal to the amount available for that section
under Public Law 106-113, increased by the rate of inflation as specified in
section 611(f)(1)(B)(ii) of the Act.
REHABILITATION SERVICES AND DISABILITY RESEARCH
For carrying out, to the extent not otherwise provided, the Rehabilitation
Act of 1973, the Assistive Technology Act of 1998, and the Helen Keller
National Center Act, $2,799,519,000: Provided, That notwithstanding
section 105(b)(1) of the Assistive Technology Act of 1998 (`the AT Act'), each
State shall be provided $50,000 for activities under section 102 of the AT
Act: Provided further, That notwithstanding section 105(b)(1) and
section 101(f)(2) and (3) of the Assistive Technology Act of 1998, each State
shall be provided a minimum of $500,000 for activities under section 101:
Provided further, That $7,000,000 shall be used to support grants for
up to three years to states under title III of the AT Act, of which the
Federal share shall not exceed 75 percent in the first year, 50 percent in the
second year, and 25 percent in the third year, and that the requirements in
section 301(c)(2) and section 302 of that Act shall not apply to such
grants.
Special Institutions for Persons With Disabilities
AMERICAN PRINTING HOUSE FOR THE BLIND
For carrying out the Act of March 3, 1879, as amended (20 U.S.C. 101 et
seq.), $12,500,000.
NATIONAL TECHNICAL INSTITUTE FOR THE DEAF
For the National Technical Institute for the Deaf under titles I and II of
the Education of the Deaf Act of 1986 (20 U.S.C. 4301 et seq.), $54,366,000,
of which $7,176,000 shall be for construction and shall remain available until
expended: Provided, That from the total amount available, the
Institute may at its discretion use funds for the endowment program as
authorized under section 207.
GALLAUDET UNIVERSITY
For the Kendall Demonstration Elementary School, the Model Secondary
School for the Deaf, and the partial support of Gallaudet University under
titles I and II of the Education of the Deaf Act of 1986 (20 U.S.C. 4301 et
seq.), $87,650,000: Provided, That from the total amount available,
the University may at its discretion use funds for the endowment program as
authorized under section 207.
Office of Vocational and Adult Education
VOCATIONAL AND ADULT EDUCATION
For carrying out, to the extent not otherwise provided, the Carl D.
Perkins Vocational and Technical Education Act, the Adult Education and Family
Literacy Act, and title VIII-D of the Higher Education Act of 1965, as
amended, and Public Law 102-73, $1,726,600,000, of which $1,000,000 shall
remain available until expended, and of which $929,000,000 shall become
available on July 1, 2001 and shall remain available through September 30,
2002 and of which $791,000,000 shall become available on October 1, 2001 and
shall remain available through September 30, 2002: Provided, That of
the amounts made available for the Carl D. Perkins Vocational and Technical
Education Act, $5,600,000 shall be for tribally controlled postsecondary
vocational and technical institutions under section 117: Provided
further, That $9,000,000 shall be for carrying out section 118 of such
Act: Provided further, That up to 15 percent of the funds provided
may be used by the national entity designated under section 118(a) to cover
the cost of authorized activities and operations, including Federal salaries
and expenses: Provided further, That the national entity is
authorized, effective upon enactment, to charge fees for publications,
training, and technical assistance developed by that national entity:
Provided further, That revenues received from publications and
delivery of technical assistance and training, notwithstanding 31 U.S.C. 3302,
may be credited to the national entity's account and shall be available to the
national entity, without fiscal year limitation, so long as such revenues are
used for authorized activities and operations of the national entity:
Provided further, That of the funds made available to carry out
section 204 of the Perkins Act, all funds that a State receives in excess of
its prior-year allocation shall be competitively awarded: Provided
further, That in making these awards, each State shall give priority to
consortia whose applications most effectively integrate all components under
section 204(c): Provided further, That of the amounts made available
for the Carl D. Perkins Vocational and Technical Education Act, $5,000,000
shall be for demonstration activities authorized by section 207: Provided
further, That of the amounts made available for the Adult Education and
Family Literacy Act, $14,000,000 shall be for national leadership activities
under section 243 and $6,500,000 shall be for the National Institute for
Literacy under section 242: Provided further, That $22,000,000 shall
be for Youth Offender Grants, of which $5,000,000 shall be used in accordance
with section 601 of Public Law 102-73 as that section was in effect prior to
the enactment of Public Law 105-220: Provided further, That of the
amounts made available for title I of the Perkins Act, the Secretary may
reserve up to 0.54 percent for incentive grants under section 503 of the
Workforce Investment Act, without regard to section 111(a)(1)(C) of the
Perkins Act: Provided further, That of the amounts made available for
the Adult Education and Family Literacy Act, the Secretary may reserve up to
0.54 percent for incentive grants under section 503 of the Workforce
Investment Act, without regard to section 211(a)(3) of the Adult Education and
Family Literacy Act.
Office of Student Financial Assistance
STUDENT FINANCIAL ASSISTANCE
For carrying out subparts 1, 3 and 4 of part A, part C and part E of title
IV of the Higher Education Act of 1965, as amended, $10,624,000,000, which
shall remain available through September 30, 2002.
The maximum Pell Grant for which a student shall be eligible during award
year 2001-2002 shall be $3,650: Provided, That notwithstanding
section 401(g) of the Act, if the Secretary determines, prior to publication
of the payment schedule for such award year, that the amount included within
this appropriation for Pell Grant awards in such award year, and any funds
available from the fiscal year 2000 appropriation for Pell Grant awards, are
insufficient to satisfy fully all such awards for which students are eligible,
as calculated under section 401(b) of the Act, the amount paid for each such
award shall be reduced by either a fixed or variable percentage, or by a fixed
dollar amount, as determined in accordance with a schedule of reductions
established by the Secretary for this purpose.
FEDERAL FAMILY EDUCATION LOAN PROGRAM ACCOUNT
For Federal administrative expenses to carry out guaranteed student loans
authorized by title IV, part B, of the Higher Education Act of 1965, as
amended, $48,000,000.
Office of Postsecondary Education
HIGHER EDUCATION
For carrying out, to the extent not otherwise provided, section 121 and
titles II, III, IV, V, VI, VII, and VIII of the Higher Education Act of 1965,
as amended, and the Mutual Educational and Cultural Exchange Act of 1961;
$1,694,520,000, of which $10,000,000 for interest subsidies authorized by
section 121 of the Higher Education Act of 1965, shall remain available until
expended: Provided, That $11,000,000, to remain available through
September 30, 2002, shall be available to fund fellowships under part A,
subpart 1 of title VII of said Act, of which up to $1,000,000 shall be
available to fund fellowships for academic year 2001-2002, and the remainder
shall be available to fund fellowships for academic year 2002-2003:
Provided further, That $3,000,000 is for data collection and
evaluation activities for programs under the Higher Education Act of 1965,
including such activities needed to comply with the Government Performance and
Results Act of 1993: Provided further, That section 404F(a) of the
Higher Education Amendments of 1998 is amended by striking out `using funds
appropriated under section 404H that do not exceed $200,000' and inserting in
lieu thereof `using not more than 0.2 percent of the funds appropriated under
section 404H'.
HOWARD UNIVERSITY
For partial support of Howard University (20 U.S.C. 121 et seq.),
$224,000,000, of which not less than $3,530,000 shall be for a matching
endowment grant pursuant to the Howard University Endowment Act (Public Law
98-480) and shall remain available until expended.
COLLEGE HOUSING AND ACADEMIC FACILITIES LOANS PROGRAM
For Federal administrative expenses authorized under section 121 of the
Higher Education Act of 1965, $737,000 to carry out activities related to
existing facility loans entered into under the Higher Education Act of
1965.
HISTORICALLY BLACK COLLEGE AND UNIVERSITY CAPITAL FINANCING PROGRAM
ACCOUNT
The total amount of bonds insured pursuant to section 344 of title III,
part D of the Higher Education Act of 1965 shall not exceed $357,000,000, and
the cost, as defined in section 502 of the Congressional Budget Act of 1974,
of such bonds shall not exceed zero.
For administrative expenses to carry out the Historically Black College
and University Capital Financing Program entered into pursuant to title III,
part D of the Higher Education Act of 1965, as amended, $208,000.
Office of Educational Research and Improvement
EDUCATION RESEARCH, STATISTICS, AND IMPROVEMENT
For carrying out activities authorized by the Educational Research,
Development, Dissemination, and Improvement Act of 1994, including part E; the
National Education Statistics Act of 1994, including sections 411 and 412;
section 2102 of title II, and parts A, B, and K and section 10102, section
10105, and 10601 of title X, and part C of title XIII of the Elementary and
Secondary Education Act of 1965, as amended, and title VI of Public Law
103-227, $496,519,000: Provided, That of the funds appropriated under
section 10601 of title X of the Elementary and Secondary Education Act of
1965, as amended, $1,500,000 shall be used to conduct a violence prevention
demonstration program: Provided further, That $40,000,000 of the
funds provided for the national education research institutes shall be
allocated notwithstanding section 912(m)(1)(B-F) and subparagraphs (B) and (C)
of section 931(c)(2) of Public Law 103-227: Provided further, That of
the funds available for section 10601 of title X of the Elementary and
Secondary Education Act of 1965, as amended, $150,000 shall be awarded to the
Center for Educational Technologies to complete production and distribution of
an effective CD-ROM product that would complement the `We the People: The
Citizen and the Constitution' curriculum: Provided further, That, in
addition to the funds for title VI of Public Law 103-227 and notwithstanding
the provisions of section 601(c)(1)(C) of that Act, $1,000,000 shall be
available to the Center for Civic Education to conduct a civic education
program with Northern Ireland and the Republic of Ireland and, consistent with
the civics and Government activities authorized in section 601(c)(3) of Public
Law 103-227, to provide civic education assistance to democracies in
developing countries. The term `developing countries' shall have the same
meaning as the term `developing country' in the Education for the Deaf Act.
Departmental Management
PROGRAM ADMINISTRATION
For carrying out, to the extent not otherwise provided, the Department of
Education Organization Act, including rental of conference rooms in the
District of Columbia and hire of two passenger motor vehicles,
$396,672,000.
OFFICE FOR CIVIL RIGHTS
For expenses necessary for the Office for Civil Rights, as authorized by
section 203 of the Department of Education Organization Act, $73,224,000.
OFFICE OF THE INSPECTOR GENERAL
For expenses necessary for the Office of Inspector General, as authorized
by section 212 of the Department of Education Organization Act,
$35,456,000.
GENERAL PROVISIONS
SEC. 301. No funds appropriated in this Act may be used for the
transportation of students or teachers (or for the purchase of equipment for
such transportation) in order to overcome racial imbalance in any school or
school system, or for the transportation of students or teachers (or for the
purchase of equipment for such transportation) in order to carry out a plan of
racial desegregation of any school or school system.
SEC. 302. None of the funds contained in this Act shall be used to
require, directly or indirectly, the transportation of any student to a school
other than the school which is nearest the student's home, except for a
student requiring special education, to the school offering such special
education, in order to comply with title VI of the Civil Rights Act of 1964.
For the purpose of this section an indirect requirement of transportation of
students includes the transportation of students to carry out a plan involving
the reorganization of the grade structure of schools, the pairing of schools,
or the clustering of schools, or any combination of grade restructuring,
pairing or clustering. The prohibition described in this section does not
include the establishment of magnet schools.
SEC. 303. No funds appropriated under this Act may be used to prevent the
implementation of programs of voluntary prayer and meditation in the public
schools.
(TRANSFER OF FUNDS)
SEC. 304. Not to exceed 1 percent of any discretionary funds (pursuant to
the Balanced Budget and Emergency Deficit Control Act of 1985, as amended)
which are appropriated for the Department of Education in this Act may be
transferred between appropriations, but no such appropriation shall be
increased by more than 3 percent by any such transfer: Provided, That
the Appropriations Committees of both Houses of Congress are notified at least
15 days in advance of any transfer.
TITLE IV--RELATED AGENCIES
Armed Forces Retirement Home
ARMED FORCES RETIREMENT HOME
For expenses necessary for the Armed Forces Retirement Home to operate and
maintain the United States Soldiers' and Airmen's Home and the United States
Naval Home, to be paid from funds available in the Armed Forces Retirement
Home Trust Fund, $69,832,000, of which $9,832,000 shall remain available until
expended for construction and renovation of the physical plants at the United
States Soldiers' and Airmen's Home and the United States Naval Home:
Provided, That, notwithstanding any other provision of law, a single
contract or related contracts for development and construction, to include
construction of a long-term care facility at the United States Naval Home, may
be employed which collectively include the full scope of the project:
Provided further, That the solicitation and contract shall contain
the clause `availability of funds' found at 48 CFR 52.232-18 and 252.232-7007,
Limitation of Government Obligations. In addition, for completion of the
long-term care facility at the United States Naval Home, $6,228,000 to become
available on October 1, 2001, and remain available until expended.
Corporation for National and Community Service
DOMESTIC VOLUNTEER SERVICE PROGRAMS, OPERATING EXPENSES
For expenses necessary for the Corporation for National and Community
Service to carry out the provisions of the Domestic Volunteer Service Act of
1973, as amended, $302,504,000: Provided, That none of the funds made
available to the Corporation for National and Community Service in this Act
for activities authorized by part E of title II of the Domestic Volunteer
Service Act of 1973 shall be used to provide stipends or other monetary
incentives to volunteers or volunteer leaders whose incomes exceed 125 percent
of the national poverty level.
Corporation for Public Broadcasting
For payment to the Corporation for Public Broadcasting, as authorized by
the Communications Act of 1934, an amount which shall be available within
limitations specified by that Act, for the fiscal year 2003, $365,000,000:
Provided, That no funds made available to the Corporation for Public
Broadcasting by this Act shall be used to pay for receptions, parties, or
similar forms of entertainment for Government officials or employees:
Provided further, That none of the funds contained in this paragraph
shall be available or used to aid or support any program or activity from
which any person is excluded, or is denied benefits, or is discriminated
against, on the basis of race, color, national origin, religion, or sex:
Provided further, That in addition to the amounts provided above,
$20,000,000, to remain available until expended, shall be for digitalization,
pending enactment of authorizing legislation.
Federal Mediation and Conciliation Service
SALARIES AND EXPENSES
For expenses necessary for the Federal Mediation and Conciliation Service
to carry out the functions vested in it by the Labor Management Relations Act,
1947 (29 U.S.C. 171-180, 182-183), including hire of passenger motor vehicles;
for expenses necessary for the Labor-Management Cooperation Act of 1978 (29
U.S.C. 175a); and for expenses necessary for the Service to carry out the
functions vested in it by the Civil Service Reform Act, Public Law 95-454 (5
U.S.C. ch. 71), $38,200,000, including $1,500,000, to remain available through
September 30, 2002, for activities authorized by the Labor-Management
Cooperation Act of 1978 (29 U.S.C. 175a): Provided, That
notwithstanding 31 U.S.C. 3302, fees charged, up to full-cost recovery, for
special training activities and other conflict resolution services and
technical assistance, including those provided to foreign governments and
international organizations, and for arbitration services shall be credited to
and merged with this account, and shall remain available until expended:
Provided further, That fees for arbitration services shall be
available only for education, training, and professional development of the
agency workforce: Provided further, That the Director of the Service
is authorized to accept and use on behalf of the United States gifts of
services and real, personal, or other property in the aid of any projects or
functions within the Director's jurisdiction.
Federal Mine Safety and Health Review Commission
SALARIES AND EXPENSES
For expenses necessary for the Federal Mine Safety and Health Review
Commission (30 U.S.C. 801 et seq.), $6,320,000.
Institute of Museum and Library Services
OFFICE OF LIBRARY SERVICES: GRANTS AND ADMINISTRATION
For carrying out subtitle B of the Museum and Library Services Act,
$168,000,000, to remain available until expended.
Medicare Payment Advisory Commission
SALARIES AND EXPENSES
For expenses necessary to carry out section 1805 of the Social Security
Act, $8,000,000, to be transferred to this appropriation from the Federal
Hospital Insurance and the Federal Supplementary Medical Insurance Trust
Funds.
National Commission on Libraries and Information Science
SALARIES AND EXPENSES
For necessary expenses for the National Commission on Libraries and
Information Science, established by the Act of July 20, 1970 (Public Law
91-345, as amended), $1,495,000.
National Council on Disability
SALARIES AND EXPENSES
For expenses necessary for the National Council on Disability as
authorized by title IV of the Rehabilitation Act of 1973, as amended,
$2,615,000.
National Education Goals Panel
For expenses necessary for the National Education Goals Panel, as
authorized by title II, part A of the Goals 2000: Educate America Act,
$2,350,000.
National Labor Relations Board
SALARIES AND EXPENSES
For expenses necessary for the National Labor Relations Board to carry out
the functions vested in it by the Labor-Management Relations Act, 1947, as
amended (29 U.S.C. 141-167), and other laws, $216,438,000: Provided,
That no part of this appropriation shall be available to organize or assist in
organizing agricultural laborers or used in connection with investigations,
hearings, directives, or orders concerning bargaining units composed of
agricultural laborers as referred to in section 2(3) of the Act of July 5,
1935 (29 U.S.C. 152), and as amended by the Labor-Management Relations Act,
1947, as amended, and as defined in section 3(f) of the Act of June 25, 1938
(29 U.S.C. 203), and including in said definition employees engaged in the
maintenance and operation of ditches, canals, reservoirs, and waterways when
maintained or operated on a mutual, nonprofit basis and at least 95 percent of
the water stored or supplied thereby is used for farming purposes.
National Mediation Board
SALARIES AND EXPENSES
For expenses necessary to carry out the provisions of the Railway Labor
Act, as amended (45 U.S.C. 151-188), including emergency boards appointed by
the President, $10,400,000.
Occupational Safety and Health Review Commission
SALARIES AND EXPENSES
For expenses necessary for the Occupational Safety and Health Review
Commission (29 U.S.C. 661), $8,720,000.
Railroad Retirement Board
DUAL BENEFITS PAYMENTS ACCOUNT
For payment to the Dual Benefits Payments Account, authorized under
section 15(d) of the Railroad Retirement Act of 1974, $160,000,000, which
shall include amounts becoming available in fiscal year 2001 pursuant to
section 224(c)(1)(B) of Public Law 98-76; and in addition, an amount, not to
exceed 2 percent of the amount provided herein, shall be available
proportional to the amount by which the product of recipients and the average
benefit received exceeds $160,000,000: Provided, That the total
amount provided herein shall be credited in 12 approximately equal amounts on
the first day of each month in the fiscal year.
FEDERAL PAYMENTS TO THE RAILROAD RETIREMENT ACCOUNTS
For payment to the accounts established in the Treasury for the payment of
benefits under the Railroad Retirement Act for interest earned on unnegotiated
checks, $150,000, to remain available through September 30, 2002, which shall
be the maximum amount available for payment pursuant to section 417 of Public
Law 98-76.
LIMITATION ON ADMINISTRATION
For necessary expenses for the Railroad Retirement Board for
administration of the Railroad Retirement Act and the Railroad Unemployment
Insurance Act, $92,500,000, to be derived in such amounts as determined by the
Board from the railroad retirement accounts and from moneys credited to the
railroad unemployment insurance administration fund.
LIMITATION ON THE OFFICE OF INSPECTOR GENERAL
For expenses necessary for the Office of Inspector General for audit,
investigatory and review activities, as authorized by the Inspector General
Act of 1978, as amended, not more than $5,700,000, to be derived from the
railroad retirement accounts and railroad unemployment insurance account:
Provided, That none of the funds made available in any other
paragraph of this Act may be transferred to the Office; used to carry out any
such transfer; used to provide any office space, equipment, office supplies,
communications facilities or services, maintenance services, or administrative
services for the Office; used to pay any salary, benefit, or award for any
personnel of the Office; used to pay any other operating expense of the
Office; or used to reimburse the Office for any service provided, or expense
incurred, by the Office.
Social Security Administration
PAYMENTS TO SOCIAL SECURITY TRUST FUNDS
For payment to the Federal Old-Age and Survivors Insurance and the Federal
Disability Insurance trust funds, as provided under sections 201(m), 228(g),
and 1131(b)(2) of the Social Security Act, $20,400,000.
SPECIAL BENEFITS FOR DISABLED COAL MINERS
For carrying out title IV of the Federal Mine Safety and Health Act of
1977, $365,748,000, to remain available until expended.
For making, after July 31 of the current fiscal year, benefit payments to
individuals under title IV of the Federal Mine Safety and Health Act of 1977,
for costs incurred in the current fiscal year, such amounts as may be
necessary.
For making benefit payments under title IV of the Federal Mine Safety and
Health Act of 1977 for the first quarter of fiscal year 2002, $114,000,000, to
remain available until expended.
SUPPLEMENTAL SECURITY INCOME PROGRAM
For carrying out titles XI and XVI of the Social Security Act, section 401
of Public Law 92-603, section 212 of Public Law 93-66, as amended, and section
405 of Public Law 95-216, including payment to the Social Security trust funds
for administrative expenses incurred pursuant to section 201(g)(1) of the
Social Security Act, $23,053,000,000, to remain available until expended:
Provided, That any portion of the funds provided to a State in the
current fiscal year and not obligated by the State during that year shall be
returned to the Treasury.
From funds provided under the previous paragraph, not less than
$100,000,000 shall be available for payment to the Social Security trust funds
for administrative expenses for conducting continuing disability reviews.
In addition, $210,000,000, to remain available until September 30, 2002,
for payment to the Social Security trust funds for administrative expenses for
continuing disability reviews as authorized by section 103 of Public Law
104-121 and section 10203 of Public Law 105-33. The term `continuing
disability reviews' means reviews and redeterminations as defined under
section 201(g)(1)(A) of the Social Security Act, as amended.
For making, after June 15 of the current fiscal year, benefit payments to
individuals under title XVI of the Social Security Act, for unanticipated
costs incurred for the current fiscal year, such sums as may be necessary.
For making benefit payments under title XVI of the Social Security Act for
the first quarter of fiscal year 2002, $10,470,000,000, to remain available
until expended.
LIMITATION ON ADMINISTRATIVE EXPENSES
For necessary expenses, including the hire of two passenger motor
vehicles, and not to exceed $10,000 for official reception and representation
expenses, not more than $6,469,800,000 may be expended, as authorized by
section 201(g)(1) of the Social Security Act, from any one or all of the trust
funds referred to therein: Provided, That not less than $1,800,000
shall be for the Social Security Advisory Board: Provided further,
That unobligated balances at the end of fiscal year 2001 not needed for fiscal
year 2001 shall remain available until expended to invest in the Social
Security Administration information technology and telecommunications hardware
and software infrastructure, including related equipment and non-payroll
administrative expenses
From funds provided under the first paragraph, not less than $200,000,000
shall be available for conducting continuing disability reviews.
In addition to funding already available under this heading, and subject
to the same terms and conditions, $450,000,000, to remain available until
September 30, 2002, for continuing disability reviews as authorized by section
103 of Public Law 104-121 and section 10203 of Public Law 105-33. The term
`continuing disability reviews' means reviews and redeterminations as defined
under section 201(g)(1)(A) of the Social Security Act, as amended.
In addition, $91,000,000 to be derived from administration fees in excess
of $5.00 per supplementary payment collected pursuant to section 1616(d) of
the Social Security Act or section 212(b)(3) of Public Law 93-66, which shall
remain available until expended. To the extent that the amounts collected
pursuant to such section 1616(d) or 212(b)(3) in fiscal year 2001 exceed
$91,000,000, the amounts shall be available in fiscal year 2002 only to the
extent provided in advance in appropriations Acts.
From funds previously appropriated for this purpose, any unobligated
balances at the end of fiscal year 2000 shall be available to continue
Federal-State partnerships which will evaluate means to promote Medicare
buy-in programs targeted to elderly and disabled individuals under titles
XVIII and XIX of the Social Security Act.
OFFICE OF INSPECTOR GENERAL
(INCLUDING TRANSFER OF FUNDS)
For expenses necessary for the Office of Inspector General in carrying out
the provisions of the Inspector General Act of 1978, as amended, $16,944,000,
together with not to exceed $52,500,000, to be transferred and expended as
authorized by section 201(g)(1) of the Social Security Act from the Federal
Old-Age and Survivors Insurance Trust Fund and the Federal Disability
Insurance Trust Fund.
In addition, an amount not to exceed 3 percent of the total provided in
this appropriation may be transferred from the `Limitation on Administrative
Expenses', Social Security Administration, to be merged with this account, to
be available for the time and purposes for which this account is available:
Provided, That notice of such transfers shall be transmitted promptly
to the Committees on Appropriations of the House and Senate.
United States Institute of Peace
OPERATING EXPENSES
For necessary expenses of the United States Institute of Peace as
authorized in the United States Institute of Peace Act, $12,951,000.
TITLE V--GENERAL PROVISIONS
SEC. 501. The Secretaries of Labor, Health and Human Services, and
Education are authorized to transfer unexpended balances of prior
appropriations to accounts corresponding to current appropriations provided in
this Act: Provided, That such transferred balances are used for the
same purpose, and for the same periods of time, for which they were originally
appropriated.
SEC. 502. No part of any appropriation contained in this Act shall remain
available for obligation beyond the current fiscal year unless expressly so
provided herein.
SEC. 503. (a) No part of any appropriation contained in this Act shall be
used, other than for normal and recognized executive-legislative
relationships, for publicity or propaganda purposes, for the preparation,
distribution, or use of any kit, pamphlet, booklet, publication, radio,
television, or video presentation designed to support or defeat legislation
pending before the Congress or any State legislature, except in presentation
to the Congress or any State legislature itself.
(b) No part of any appropriation contained in this Act shall be used to
pay the salary or expenses of any grant or contract recipient, or agent acting
for such recipient, related to any activity designed to influence legislation
or appropriations pending before the Congress or any State legislature.
SEC. 504. The Secretaries of Labor and Education are authorized to make
available not to exceed $20,000 and $15,000, respectively, from funds
available for salaries and expenses under titles I and III, respectively, for
official reception and representation expenses; the Director of the Federal
Mediation and Conciliation Service is authorized to make available for
official reception and representation expenses not to exceed $2,500 from the
funds available for `Salaries and expenses, Federal Mediation and Conciliation
Service'; and the Chairman of the National Mediation Board is authorized to
make available for official reception and representation expenses not to
exceed $2,500 from funds available for `Salaries and expenses, National
Mediation Board'.
SEC. 505. Notwithstanding any other provision of this Act, no funds
appropriated under this Act shall be used to carry out any program of
distributing sterile needles or syringes for the hypodermic injection of any
illegal drug unless the Secretary of Health and Human Services determines that
such programs are effective in preventing the spread of HIV and do not
encourage the use of illegal drugs.
SEC. 506. (a) PURCHASE OF AMERICAN-MADE EQUIPMENT AND PRODUCTS- It is the
sense of the Congress that, to the greatest extent practicable, all equipment
and products purchased with funds made available in this Act should be
American-made.
(b) NOTICE REQUIREMENT- In providing financial assistance to, or entering
into any contract with, any entity using funds made available in this Act, the
head of each Federal agency, to the greatest extent practicable, shall provide
to such entity a notice describing the statement made in subsection (a) by the
Congress.
(c) PROHIBITION OF CONTRACTS WITH PERSONS FALSELY LABELING PRODUCTS AS
MADE IN AMERICA- If it has been finally determined by a court or Federal
agency that any person intentionally affixed a label bearing a `Made in
America' inscription, or any inscription with the same meaning, to any product
sold in or shipped to the United States that is not made in the United States,
the person shall be ineligible to receive any contract or subcontract made
with funds made available in this Act, pursuant to the debarment, suspension,
and ineligibility procedures described in sections 9.400 through 9.409 of
title 48, Code of Federal Regulations.
SEC. 507. When issuing statements, press releases, requests for proposals,
bid solicitations and other documents describing projects or programs funded
in whole or in part with Federal money, all grantees receiving Federal funds
included in this Act, including but not limited to State and local governments
and recipients of Federal research grants, shall clearly state: (1) the
percentage of the total costs of the program or project which will be financed
with Federal money; (2) the dollar amount of Federal funds for the project or
program; and (3) percentage and dollar amount of the total costs of the
project or program that will be financed by non-governmental sources.
SEC. 508. (a) None of the funds appropriated under this Act, and none of
the funds in any trust fund to which funds are appropriated under this Act,
shall be expended for any abortion.
(b) None of the funds appropriated under this Act, and none of the funds
in any trust fund to which funds are appropriated under this Act, shall be
expended for health benefits coverage that includes coverage of abortion.
(c) The term `health benefits coverage' means the package of services
covered by a managed care provider or organization pursuant to a contract or
other arrangement.
SEC. 509. (a) The limitations established in the preceding section shall
not apply to an abortion--
(1) if the pregnancy is the result of an act of rape or incest; or
(2) in the case where a woman suffers from a physical disorder, physical
injury, or physical illness, including a life-endangering physical condition
caused by or arising from the pregnancy itself, that would, as certified by
a physician, place the woman in danger of death unless an abortion is
performed.
(b) Nothing in the preceding section shall be construed as prohibiting the
expenditure by a State, locality, entity, or private person of State, local,
or private funds (other than a State's or locality's contribution of Medicaid
matching funds).
(c) Nothing in the preceding section shall be construed as restricting the
ability of any managed care provider from offering abortion coverage or the
ability of a State or locality to contract separately with such a provider for
such coverage with State funds (other than a State's or locality's
contribution of Medicaid matching funds).
SEC. 510. (a) None of the funds made available in this Act may be used
for--
(1) the creation of a human embryo or embryos for research purposes;
or
(2) research in which a human embryo or embryos are destroyed,
discarded, or knowingly subjected to risk of injury or death greater than
that allowed for research on fetuses in utero under 45 CFR 46.208(a)(2) and
section 498(b) of the Public Health Service Act (42 U.S.C. 289g(b)).
(b) For purposes of this section, the term `human embryo or embryos'
includes any organism, not protected as a human subject under 45 CFR 46 as of
the date of the enactment of this Act, that is derived by fertilization,
parthenogenesis, cloning, or any other means from one or more human gametes or
human diploid cells.
SEC. 511. (a) LIMITATION ON USE OF FUNDS FOR PROMOTION OF LEGALIZATION OF
CONTROLLED SUBSTANCES- None of the funds made available in this Act may be
used for any activity that promotes the legalization of any drug or other
substance included in schedule I of the schedules of controlled substances
established by section 202 of the Controlled Substances Act (21 U.S.C.
812).
(b) EXCEPTIONS- The limitation in subsection (a) shall not apply when
there is significant medical evidence of a therapeutic advantage to the use of
such drug or other substance or that federally sponsored clinical trials are
being conducted to determine therapeutic advantage.
SEC. 512. None of the funds made available in this Act may be obligated or
expended to enter into or renew a contract with an entity if--
(1) such entity is otherwise a contractor with the United States and is
subject to the requirement in section 4212(d) of title 38, United States
Code, regarding submission of an annual report to the Secretary of Labor
concerning employment of certain veterans; and
(2) such entity has not submitted a report as required by that section
for the most recent year for which such requirement was applicable to such
entity.
SEC. 513. Except as otherwise specifically provided by law, unobligated
balances remaining available at the end of fiscal year 2000 from
appropriations made available for salaries and expenses for fiscal year 2000
in this Act, shall remain available through December 31, 2001, for each such
account for the purposes authorized: Provided, That the House and
Senate Committees on Appropriations shall be notified at least 15 days prior
to the obligation of such funds.
SEC. 514. None of the funds made available in this Act may be used to
promulgate or adopt any final standard under section 1173(b) of the Social
Security Act (42 U.S.C. 1320d-2(b)) providing for, or providing for the
assignment of, a unique health identifier for an individual (except in an
individual's capacity as an employer or a health care provider), until
legislation is enacted specifically approving the standard.
SEC. 515. RESTORING BENEFIT PAYMENTS TO APPROPRIATE YEAR. Section 5527 of
Public Law 105-33 is repealed.
SEC. 516. Section 410(b) of The Ticket to Work and Work Incentives
Improvement Act of 1999 (Public Law 106-170) is amended by striking `2009'
both places it appears and inserting `2001'.
This Act may be cited as the `Departments of Labor, Health and Human
Services, and Education, and Related Agencies Appropriations Act, 2001'.
Calendar No. 547
106th CONGRESS
2d Session
S. 2553
[Report No. 106-293]
A BILL
Making appropriations for the Departments of Labor, Health and Human
Services, and Education, and related agencies for the fiscal year ending
September 30, 2001, and for other purposes.
May 12, 2000
Read twice and placed on the calendar
END