S.2553 - Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Act, 2001106th Congress (1999-2000)
Bill
Hide Overview| Sponsor: | Sen. Specter, Arlen [R-PA] (Introduced 05/12/2000) |
|---|---|
| Committees: | Senate - Appropriations |
| Committee Reports: | S. Rept. 106-293 |
| Latest Action: | Senate - 06/30/2000 Indefinitely postponed by Senate by Unanimous Consent. (consideration: CR S6293) (All Actions) |
| Notes: | For further action, see H.R. 4577, which became Public Law 106-554. |
Tracker:
This bill has the status Introduced
Here are the steps for Status of Legislation:
- Introduced
Subject — Policy Area:
- Economics and Public Finance
- View subjects
Text: S.2553 — 106th Congress (1999-2000)All Information (Except Text)
There is one version of the bill.
Text available as:
- TXT
- PDF (PDF provides a complete and accurate display of this text.) Tip?
Shown Here:
Placed on Calendar Senate (05/12/2000)
[Congressional Bills 106th Congress]
[From the U.S. Government Printing Office]
[S. 2553 Placed on Calendar Senate (PCS)]
Calendar No. 547
106th CONGRESS
2d Session
S. 2553
[Report No. 106-293]
Making appropriations for the Departments of Labor, Health and Human
Services, and Education, and related agencies for the fiscal year
ending September 30, 2001, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 12, 2000
Mr. Specter, from the Committee on Appropriations, reported, under
authority of the order of the Senate of January 6, 1999, the following
original bill; which was read twice and placed on the calendar
_______________________________________________________________________
A BILL
Making appropriations for the Departments of Labor, Health and Human
Services, and Education, and related agencies for the fiscal year
ending September 30, 2001, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That the following sums
are appropriated, out of any money in the Treasury not otherwise
appropriated, for the Departments of Labor, Health and Human Services,
and Education, and related agencies for the fiscal year ending
September 30, 2001, and for other purposes, namely:
TITLE I--DEPARTMENT OF LABOR
Employment and Training Administration
training and employment services
For necessary expenses of the Workforce Investment Act, including
the purchase and hire of passenger motor vehicles, the construction,
alteration, and repair of buildings and other facilities, and the
purchase of real property for training centers as authorized by the
Workforce Investment Act and the National Skill Standards Act of 1994;
$2,990,141,000 plus reimbursements, of which $1,718,801,000 is
available for obligation for the period July 1, 2001 through June 30,
2002, of which $1,250,965,000 is available for obligation for the
period April 1, 2001 through June 30, 2002, including $1,000,965,000 to
carry out chapter 4 of the Workforce Investment Act and $250,000,000 to
carry out section 169 of such Act; and of which $20,375,000 is
available for the period July 1, 2001 through June 30, 2004 for
necessary expenses of construction, rehabilitation, and acquisition of
Job Corps centers: Provided, That $9,098,000 shall be for carrying out
section 172 of the Workforce Investment Act, and $3,500,000 shall be
for carrying out the National Skills Standards Act of 1994: Provided
further, That no funds from any other appropriation shall be used to
provide meal services at or for Job Corps centers: Provided further,
That funds provided to carry out section 171(d) of such Act may be used
for demonstration projects that provide assistance to new entrants in
the workforce and incumbent workers: Provided further, That funding
provided to carry out projects under section 171 of the Workforce
Investment Act of 1998 that are identified in the Conference Agreement,
shall not be subject to the requirements of section 171(b)(2)(B) of
such Act, the requirements of section 171(c)(4)(D) of such Act, or the
joint funding requirements of sections 171(b)(2)(A) and 171(c)(4)(A) of
such Act: Provided further, That funding appropriated herein for
Dislocated Worker Employment and Training Activities under section
132(a)(2)(A) of the Workforce Investment Act of 1998 may be distributed
for Dislocated Worker Projects under section 171(d) of the Act without
regard to the 10 percent limitation contained in section 171(d) of the
Act.
For necessary expenses of the Workforce Investment Act, including
the purchase and hire of passenger motor vehicles, the construction,
alteration, and repair of buildings and other facilities, and the
purchase of real property for training centers as authorized by the
Workforce Investment Act; $2,463,000,000 plus reimbursements, of which
$2,363,000,000 is available for obligation for the period October 1,
2001 through June 30, 2002, and of which $100,000,000 is available for
the period October 1, 2001 through June 30, 2004, for necessary
expenses of construction, rehabilitation, and acquisition of Job Corps
centers.
community service employment for older americans
To carry out the activities for national grants or contracts with
public agencies and public or private nonprofit organizations under
paragraph (1)(A) of section 506(a) of title V of the Older Americans
Act of 1965, as amended, or to carry out older worker activities as
subsequently authorized, $343,356,000.
To carry out the activities for grants to States under paragraph
(3) of section 506(a) of title V of the Older Americans Act of 1965, as
amended, or to carry out older worker activities as subsequently
authorized, $96,844,000.
federal unemployment benefits and allowances
For payments during the current fiscal year of trade adjustment
benefit payments and allowances under part I; and for training,
allowances for job search and relocation, and related State
administrative expenses under part II, subchapters B and D, chapter 2,
title II of the Trade Act of 1974, as amended, $406,550,000, together
with such amounts as may be necessary to be charged to the subsequent
appropriation for payments for any period subsequent to September 15 of
the current year.
state unemployment insurance and employment service operations
For authorized administrative expenses, $153,452,000, together with
not to exceed $3,095,978,000 (including not to exceed $1,228,000 which
may be used for amortization payments to States which had independent
retirement plans in their State employment service agencies prior to
1980), which may be expended from the Employment Security
Administration account in the Unemployment Trust Fund including the
cost of administering section 51 of the Internal Revenue Code of 1986,
as amended, section 7(d) of the Wagner-Peyser Act, as amended, the
Trade Act of 1974, as amended, the Immigration Act of 1990, and the
Immigration and Nationality Act, as amended, and of which the sums
available in the allocation for activities authorized by title III of
the Social Security Act, as amended (42 U.S.C. 502-504), and the sums
available in the allocation for necessary administrative expenses for
carrying out 5 U.S.C. 8501-8523, shall be available for obligation by
the States through December 31, 2001, except that funds used for
automation acquisitions shall be available for obligation by the States
through September 30, 2003; and of which $153,452,000, together with
not to exceed $763,283,000 of the amount which may be expended from
said trust fund, shall be available for obligation for the period July
1, 2001 through June 30, 2002, to fund activities under the Act of June
6, 1933, as amended, including the cost of penalty mail authorized
under 39 U.S.C. 3202(a)(1)(E) made available to States in lieu of
allotments for such purpose: Provided, That to the extent that the
Average Weekly Insured Unemployment (AWIU) for fiscal year 2001 is
projected by the Department of Labor to exceed 2,396,000, an additional
$28,600,000 shall be available for obligation for every 100,000
increase in the AWIU level (including a pro rata amount for any
increment less than 100,000) from the Employment Security
Administration Account of the Unemployment Trust Fund: Provided
further, That funds appropriated in this Act which are used to
establish a national one-stop career center system, or which are used
to support the national activities of the Federal-State unemployment
insurance programs, may be obligated in contracts, grants or agreements
with non-State entities: Provided further, That funds appropriated
under this Act for activities authorized under the Wagner-Peyser Act,
as amended, and title III of the Social Security Act, may be used by
the States to fund integrated Employment Service and Unemployment
Insurance automation efforts, notwithstanding cost allocation
principles prescribed under Office of Management and Budget Circular A-
87.
advances to the unemployment trust fund and other funds
For repayable advances to the Unemployment Trust Fund as authorized
by sections 905(d) and 1203 of the Social Security Act, as amended, and
to the Black Lung Disability Trust Fund as authorized by section
9501(c)(1) of the Internal Revenue Code of 1954, as amended; and for
nonrepayable advances to the Unemployment Trust Fund as authorized by
section 8509 of title 5, United States Code, and to the ``Federal
unemployment benefits and allowances'' account, to remain available
until September 30, 2002, $435,000,000.
In addition, for making repayable advances to the Black Lung
Disability Trust Fund in the current fiscal year after September 15,
2001, for costs incurred by the Black Lung Disability Trust Fund in the
current fiscal year, such sums as may be necessary.
program administration
For expenses of administering employment and training programs,
$107,651,000, including $6,431,000 to support up to 75 full-time
equivalent staff, the majority of which will be term Federal
appointments lasting no more than 1 year, to administer welfare-to-work
grants, together with not to exceed $48,507,000, which may be expended
from the Employment Security Administration account in the Unemployment
Trust Fund.
Pension and Welfare Benefits Administration
salaries and expenses
For necessary expenses for the Pension and Welfare Benefits
Administration, $103,342,000.
Pension Benefit Guaranty Corporation
pension benefit guaranty corporation fund
The Pension Benefit Guaranty Corporation is authorized to make such
expenditures, including financial assistance authorized by section 104
of Public Law 96-364, within limits of funds and borrowing authority
available to such Corporation, and in accord with law, and to make such
contracts and commitments without regard to fiscal year limitations as
provided by section 104 of the Government Corporation Control Act, as
amended (31 U.S.C. 9104), as may be necessary in carrying out the
program through September 30, 2001, for such Corporation: Provided,
That not to exceed $11,652,000 shall be available for administrative
expenses of the Corporation: Provided further, That expenses of such
Corporation in connection with the termination of pension plans, for
the acquisition, protection or management, and investment of trust
assets, and for benefits administration services shall be considered as
non-administrative expenses for the purposes hereof, and excluded from
the above limitation.
Employment Standards Administration
salaries and expenses
For necessary expenses for the Employment Standards Administration,
including reimbursement to State, Federal, and local agencies and their
employees for inspection services rendered, $350,779,000, together with
$1,985,000 which may be expended from the Special Fund in accordance
with sections 39(c), 44(d) and 44(j) of the Longshore and Harbor
Workers' Compensation Act: Provided, That $2,000,000 shall be for the
development of an alternative system for the electronic submission of
reports required to be filed under the Labor-Management Reporting and
Disclosure Act of 1959, as amended, and for a computer database of the
information for each submission by whatever means, that is indexed and
easily searchable by the public via the Internet: Provided further,
That the Secretary of Labor is authorized to accept, retain, and spend,
until expended, in the name of the Department of Labor, all sums of
money ordered to be paid to the Secretary of Labor, in accordance with
the terms of the Consent Judgment in Civil Action No. 91-0027 of the
United States District Court for the District of the Northern Mariana
Islands (May 21, 1992): Provided further, That the Secretary of Labor
is authorized to establish and, in accordance with 31 U.S.C. 3302,
collect and deposit in the Treasury fees for processing applications
and issuing certificates under sections 11(d) and 14 of the Fair Labor
Standards Act of 1938, as amended (29 U.S.C. 211(d) and 214) and for
processing applications and issuing registrations under title I of the
Migrant and Seasonal Agricultural Worker Protection Act (29 U.S.C. 1801
et seq.).
special benefits
(including transfer of funds)
For the payment of compensation, benefits, and expenses (except
administrative expenses) accruing during the current or any prior
fiscal year authorized by title 5, chapter 81 of the United States
Code; continuation of benefits as provided for under the heading
``Civilian War Benefits'' in the Federal Security Agency Appropriation
Act, 1947; the Employees' Compensation Commission Appropriation Act,
1944; sections 4(c) and 5(f) of the War Claims Act of 1948 (50 U.S.C.
App. 2012); and 50 percent of the additional compensation and benefits
required by section 10(h) of the Longshore and Harbor Workers'
Compensation Act, as amended, $56,000,000 together with such amounts as
may be necessary to be charged to the subsequent year appropriation for
the payment of compensation and other benefits for any period
subsequent to August 15 of the current year: Provided, That amounts
appropriated may be used under section 8104 of title 5, United States
Code, by the Secretary of Labor to reimburse an employer, who is not
the employer at the time of injury, for portions of the salary of a
reemployed, disabled beneficiary: Provided further, That balances of
reimbursements unobligated on September 30, 2000, shall remain
available until expended for the payment of compensation, benefits, and
expenses: Provided further, That in addition there shall be transferred
to this appropriation from the Postal Service and from any other
corporation or instrumentality required under section 8147(c) of title
5, United States Code, to pay an amount for its fair share of the cost
of administration, such sums as the Secretary determines to be the cost
of administration for employees of such fair share entities through
September 30, 2001: Provided further, That of those funds transferred
to this account from the fair share entities to pay the cost of
administration, $30,510,000 shall be made available to the Secretary as
follows: (1) for the operation of and enhancement to the automated data
processing systems, including document imaging, medical bill review,
and periodic roll management, in support of Federal Employees'
Compensation Act administration, $19,971,000; (2) for conversion to a
paperless office, $7,005,000; (3) for communications redesign,
$750,000; (4) for information technology maintenance and support,
$2,784,000; and (5) the remaining funds shall be paid into the Treasury
as miscellaneous receipts: Provided further, That the Secretary may
require that any person filing a notice of injury or a claim for
benefits under chapter 81 of title 5, United States Code, or 33 U.S.C.
901 et seq., provide as part of such notice and claim, such identifying
information (including Social Security account number) as such
regulations may prescribe.
black lung disability trust fund
(including transfer of funds)
Beginning in fiscal year 2001 and thereafter, such sums as may be
necessary from the Black Lung Disability Trust Fund, to remain
available until expended, for payment of all benefits authorized by
section 9501(d)(1) (2) (4) and (7) of the Internal Revenue Code of
1954, as amended; and interest on advances as authorized by section
9501(c)(2) of that Act. In addition, the following amounts shall be
available from the Fund for fiscal year 2001 for expenses of operation
and administration of the Black Lung Benefits program as authorized by
section 9501(d)(5) of that Act: $30,393,000 for transfer to the
Employment Standards Administration, ``Salaries and Expenses'';
$21,590,000 for transfer to Departmental Management, ``Salaries and
Expenses''; $318,000 for transfer to Departmental Management, ``Office
of Inspector General''; and $356,000 for payments into Miscellaneous
Receipts for the expenses of the Department of Treasury.
Occupational Safety and Health Administration
salaries and expenses
For necessary expenses for the Occupational Safety and Health
Administration, $425,983,000, including not to exceed $88,493,000 which
shall be the maximum amount available for grants to States under
section 23(g) of the Occupational Safety and Health Act, which grants
shall be no less than 50 percent of the costs of State occupational
safety and health programs required to be incurred under plans approved
by the Secretary under section 18 of the Occupational Safety and Health
Act of 1970; and, in addition, notwithstanding 31 U.S.C. 3302, the
Occupational Safety and Health Administration may retain up to $750,000
per fiscal year of training institute course tuition fees, otherwise
authorized by law to be collected, and may utilize such sums for
occupational safety and health training and education grants: Provided,
That, notwithstanding 31 U.S.C. 3302, the Secretary of Labor is
authorized, during the fiscal year ending September 30, 2001, to
collect and retain fees for services provided to Nationally Recognized
Testing Laboratories, and may utilize such sums, in accordance with the
provisions of 29 U.S.C. 9a, to administer national and international
laboratory recognition programs that ensure the safety of equipment and
products used by workers in the workplace: Provided further, That none
of the funds appropriated under this paragraph shall be obligated or
expended to prescribe, issue, administer, or enforce any standard,
rule, regulation, or order under the Occupational Safety and Health Act
of 1970 which is applicable to any person who is engaged in a farming
operation which does not maintain a temporary labor camp and employs 10
or fewer employees: Provided further, That no funds appropriated under
this paragraph shall be obligated or expended to administer or enforce
any standard, rule, regulation, or order under the Occupational Safety
and Health Act of 1970 with respect to any employer of 10 or fewer
employees who is included within a category having an occupational
injury lost workday case rate, at the most precise Standard Industrial
Classification Code for which such data are published, less than the
national average rate as such rates are most recently published by the
Secretary, acting through the Bureau of Labor Statistics, in accordance
with section 24 of that Act (29 U.S.C. 673), except--
(1) to provide, as authorized by such Act, consultation,
technical assistance, educational and training services, and to
conduct surveys and studies;
(2) to conduct an inspection or investigation in response
to an employee complaint, to issue a citation for violations
found during such inspection, and to assess a penalty for
violations which are not corrected within a reasonable
abatement period and for any willful violations found;
(3) to take any action authorized by such Act with respect
to imminent dangers;
(4) to take any action authorized by such Act with respect
to health hazards;
(5) to take any action authorized by such Act with respect
to a report of an employment accident which is fatal to one or
more employees or which results in hospitalization of two or
more employees, and to take any action pursuant to such
investigation authorized by such Act; and
(6) to take any action authorized by such Act with respect
to complaints of discrimination against employees for
exercising rights under such Act:
Provided further, That the foregoing proviso shall not apply to any
person who is engaged in a farming operation which does not maintain a
temporary labor camp and employs 10 or fewer employees.
Mine Safety and Health Administration
salaries and expenses
For necessary expenses for the Mine Safety and Health
Administration, $244,747,000, including purchase and bestowal of
certificates and trophies in connection with mine rescue and first-aid
work, and the hire of passenger motor vehicles; including up to
$1,000,000 for mine rescue and recovery activities, which shall be
available only to the extent that fiscal year 2001 obligations for
these activities exceed $1,000,000; in addition, not to exceed $750,000
may be collected by the National Mine Health and Safety Academy for
room, board, tuition, and the sale of training materials, otherwise
authorized by law to be collected, to be available for mine safety and
health education and training activities, notwithstanding 31 U.S.C.
3302; and, in addition, the Administration may retain up to $1,000,000
from fees collected for the approval and certification of equipment,
materials, and explosives for use in mines, and may utilize such sums
for such activities; the Secretary is authorized to accept lands,
buildings, equipment, and other contributions from public and private
sources and to prosecute projects in cooperation with other agencies,
Federal, State, or private; the Mine Safety and Health Administration
is authorized to promote health and safety education and training in
the mining community through cooperative programs with States,
industry, and safety associations; and any funds available to the
department may be used, with the approval of the Secretary, to provide
for the costs of mine rescue and survival operations in the event of a
major disaster.
Bureau of Labor Statistics
salaries and expenses
For necessary expenses for the Bureau of Labor Statistics,
including advances or reimbursements to State, Federal, and local
agencies and their employees for services rendered, $369,327,000,
together with not to exceed $67,257,000, which may be expended from the
Employment Security Administration account in the Unemployment Trust
Fund; and $10,000,000 which shall be available for obligation for the
period July 1, 2001 through June 30, 2002, for Occupational Employment
Statistics.
Departmental Management
salaries and expenses
For necessary expenses for Departmental Management, including the
hire of three sedans, and including the management or operation,
through contracts, grants or other arrangements, of Departmental
bilateral and multilateral foreign technical assistance, of which the
funds designated to carry out bilateral assistance under the
international child labor initiative shall be available for obligation
through September 30, 2002, $30,000,000 for the acquisition of
Departmental information technology, architecture, infrastructure,
equipment, software and related needs which will be allocated by the
Department's Chief Information Officer in accordance with the
Department's capital investment management process to assure a sound
investment strategy; $337,964,000: Provided, That no funds made
available by this Act may be used by the Solicitor of Labor to
participate in a review in any United States court of appeals of any
decision made by the Benefits Review Board under section 21 of the
Longshore and Harbor Workers' Compensation Act (33 U.S.C. 921) where
such participation is precluded by the decision of the United States
Supreme Court in Director, Office of Workers' Compensation Programs v.
Newport News Shipbuilding, 115 S. Ct. 1278 (1995), notwithstanding any
provisions to the contrary contained in Rule 15 of the Federal Rules of
Appellate Procedure: Provided further, That no funds made available by
this Act may be used by the Secretary of Labor to review a decision
under the Longshore and Harbor Workers' Compensation Act (33 U.S.C. 901
et seq.) that has been appealed and that has been pending before the
Benefits Review Board for more than 12 months: Provided further, That
any such decision pending a review by the Benefits Review Board for
more than 1 year shall be considered affirmed by the Benefits Review
Board on the 1-year anniversary of the filing of the appeal, and shall
be considered the final order of the Board for purposes of obtaining a
review in the United States courts of appeals: Provided further, That
these provisions shall not be applicable to the review or appeal of any
decision issued under the Black Lung Benefits Act (30 U.S.C. 901 et
seq.): Provided further, That beginning in fiscal year 2001, there is
established in the Department of Labor an office of disability
employment policy which shall, under the overall direction of the
Secretary, provide leadership, develop policy and initiatives, and
award grants furthering the objective of eliminating barriers to the
training and employment of people with disabilities. Such office shall
be headed by an assistant secretary: Provided further, That of amounts
provided under this head, not more than $23,002,000 is for this
purpose.
veterans employment and training
Not to exceed $186,913,000 may be derived from the Employment
Security Administration account in the Unemployment Trust Fund to carry
out the provisions of 38 U.S.C. 4100-4110A, 4212, 4214, and 4321-4327,
and Public Law 103-353, and which shall be available for obligation by
the States through December 31, 2001. To carry out the Stewart B.
McKinney Homeless Assistance Act and section 168 of the Workforce
Investment Act of 1998, $19,800,000, of which $7,300,000 shall be
available for obligation for the period July 1, 2001, through June 30,
2002.
office of inspector general
For salaries and expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978, as
amended, $50,015,000, together with not to exceed $4,770,000, which may
be expended from the Employment Security Administration account in the
Unemployment Trust Fund.
GENERAL PROVISIONS
Sec. 101. None of the funds appropriated in this title for the Job
Corps shall be used to pay the compensation of an individual, either as
direct costs or any proration as an indirect cost, at a rate in excess
of Executive Level II.
(transfer of funds)
Sec. 102. Not to exceed 1 percent of any discretionary funds
(pursuant to the Balanced Budget and Emergency Deficit Control Act of
1985, as amended) which are appropriated for the current fiscal year
for the Department of Labor in this Act may be transferred between
appropriations, but no such appropriation shall be increased by more
than 3 percent by any such transfer: Provided, That the Appropriations
Committees of both Houses of Congress are notified at least 15 days in
advance of any transfer.
Sec. 103. Extended Deadline for Expenditure. Section
403(a)(5)(C)(viii) of the Social Security Act (42 U.S.C.
603(a)(5)(C)(viii)) (as amended by section 806(b) of the Departments of
Labor, Health and Human Services, and Education, and Related Agencies
Appropriations Act, 2000 (as enacted into law by section 1000(a)(4) of
Public Law 106-113)) is amended by striking ``3 years'' and inserting
``5 years''.
Sec. 104. Elimination of Set-Aside of Portion of Welfare-to-Work
Funds for Performance Bonuses. (a) In General.--Section 403(a)(5) of
the Social Security Act (as amended by section 806(b) of the
Departments of Labor, Health and Human Services, and Education, and
Related Agencies Appropriations Act, 2000 (as enacted into law by
section 1000(a)(4) of Public Law 106-113)) is amended by striking
subparagraph (E) and redesignating subparagraphs (F) through (K) as
subparagraphs (E) through (J), respectively.
(b) Conforming Amendments.--The Social Security Act (as amended by
section 806(b) of the Departments of Labor, Health and Human Services,
and Education, and Related Agencies Appropriations Act, 2000 (as
enacted into law by section 1000(a)(4) of Public Law 106-113)) is
further amended as follows:
(1) Section 403(a)(5)(A)(i) (42 U.S.C. 603(a)(5)(A)(i)) is
amended by striking ``subparagraph (I)'' and inserting
``subparagraph (H)''.
(2) Subclause (I) of each of subparagraphs (A)(iv) and
(B)(v) of section 403(a)(5) (42 U.S.C. 603(a)(5)(A)(iv)(I) and
(B)(v)(I)) is amended--
(A) in item (aa)--
(i) by striking ``(I)'' and inserting
``(H)''; and
(ii) by striking ``(G), and (H)'' and
inserting ``and (G)''; and
(B) in item (bb), by striking ``(F)'' and inserting
``(E)''.
(3) Section 403(a)(5)(B)(v) (42 U.S.C. 603(a)(5)(B)(v)) is
amended in the matter preceding subclause (I) by striking
``(I)'' and inserting ``(H)''.
(4) Subparagraphs (E), (F), and (G)(i) of section 403(a)(5)
(42 U.S.C. 603(a)(5)), as so redesignated by subsection (a) of
this section, are each amended by striking ``(I)'' and
inserting ``(H)''.
(5) Section 412(a)(3)(A) (42 U.S.C. 612(a)(3)(A)) is
amended by striking ``403(a)(5)(I)'' and inserting
``403(a)(5)(H)''.
(c) Funding Amendment.--Section 403(a)(5)(H)(i)(II) of such Act (42
U.S.C. 603(a)(5)(H)(i))(II) (as redesignated by subsection (a) of this
section and as amended by section 806(b) of the Departments of Labor,
Health and Human Services, and Education, and Related Agencies
Appropriations Act, 2000 (as enacted into law by section 1000(a)(4) of
Public Law 106-113)) is further amended by striking ``$1,450,000,000''
and inserting ``$1,400,000,000''.
(d) Effective Date.--The amendments made by subsections (a), (b),
and (c) of this section shall take effect on October 1, 2000.
TITLE II--DEPARTMENT OF HEALTH AND HUMAN SERVICES
Health Resources and Services Administration
health resources and services
For carrying out titles II, III, VII, VIII, X, XII, XIX, and XXVI
of the Public Health Service Act, section 427(a) of the Federal Coal
Mine Health and Safety Act, title V and section 1820 of the Social
Security Act, the Health Care Quality Improvement Act of 1986, as
amended, and the Native Hawaiian Health Care Act of 1988, as amended,
$4,522,424,000, of which $150,000 shall remain available until expended
for interest subsidies on loan guarantees made prior to fiscal year
1981 under part B of title VII of the Public Health Service Act, and of
which $10,000,000 shall be available for the construction and
renovation of health care and other facilities, of which $25,000,000
from general revenues, notwithstanding section 1820(j) of the Social
Security Act, shall be available for carrying out the Medicare rural
hospital flexibility grants program under section 1820 of such Act:
Provided, That the Division of Federal Occupational Health may utilize
personal services contracting to employ professional management/
administrative and occupational health professionals: Provided further,
That of the funds made available under this heading, $250,000 shall be
available until expended for facilities renovations at the Gillis W.
Long Hansen's Disease Center: Provided further, That in addition to
fees authorized by section 427(b) of the Health Care Quality
Improvement Act of 1986, fees shall be collected for the full
disclosure of information under the Act sufficient to recover the full
costs of operating the National Practitioner Data Bank, and shall
remain available until expended to carry out that Act: Provided
further, That fees collected for the full disclosure of information
under the ``Health Care Fraud and Abuse Data Collection Program'',
authorized by section 221 of the Health Insurance Portability and
Accountability Act of 1996, shall be sufficient to recover the full
costs of operating the Program, and shall remain available to carry out
that Act until expended: Provided further, That no more than $5,000,000
is available for carrying out the provisions of Public Law 104-73:
Provided further, That of the funds made available under this heading,
$253,932,000 shall be for the program under title X of the Public
Health Service Act to provide for voluntary family planning projects:
Provided further, That amounts provided to said projects under such
title shall not be expended for abortions, that all pregnancy
counseling shall be nondirective, and that such amounts shall not be
expended for any activity (including the publication or distribution of
literature) that in any way tends to promote public support or
opposition to any legislative proposal or candidate for public office:
Provided further, That $538,000,000 shall be for State AIDS Drug
Assistance Programs authorized by section 2616 of the Public Health
Service Act.
ricky ray hemophilia relief fund program
For payment to the Ricky Ray Hemophilia Relief Fund, as provided by
Public Law 105-369, $85,000,000, of which $10,000,000 shall be for
program management.
health education assistance loans program account
Such sums as may be necessary to carry out the purpose of the
program, as authorized by title VII of the Public Health Service Act,
as amended. For administrative expenses to carry out the guaranteed
loan program, including section 709 of the Public Health Service Act,
$3,679,000.
vaccine injury compensation program trust fund
For payments from the Vaccine Injury Compensation Program Trust
Fund, such sums as may be necessary for claims associated with vaccine-
related injury or death with respect to vaccines administered after
September 30, 1988, pursuant to subtitle 2 of title XXI of the Public
Health Service Act, to remain available until expended: Provided, That
for necessary administrative expenses, not to exceed $2,992,000 shall
be available from the Trust Fund to the Secretary of Health and Human
Services.
Centers for Disease Control and Prevention
disease control, research, and training
To carry out titles II, III, VII, XI, XV, XVII, XIX and XXVI of the
Public Health Service Act, sections 101, 102, 103, 201, 202, 203, 301,
and 501 of the Federal Mine Safety and Health Act of 1977, sections 20,
21, and 22 of the Occupational Safety and Health Act of 1970, title IV
of the Immigration and Nationality Act and section 501 of the Refugee
Education Assistance Act of 1980; including insurance of official motor
vehicles in foreign countries; and hire, maintenance, and operation of
aircraft, $3,204,496,000, of which $175,000,000 shall remain available
until expended for the facilities master plan for equipment and
construction and renovation of facilities, and in addition, such sums
as may be derived from authorized user fees, which shall be credited to
this account: Provided, That in addition to amounts provided herein, up
to $91,129,000 shall be available from amounts available under section
241 of the Public Health Service Act: Provided further, That none of
the funds made available for injury prevention and control at the
Centers for Disease Control and Prevention may be used to advocate or
promote gun control: Provided further, That the Director may redirect
the total amount made available under authority of Public Law 101-502,
section 3, dated November 3, 1990, to activities the Director may so
designate: Provided further, That the Congress is to be notified
promptly of any such transfer: Provided further, That not to exceed
$10,000,000 may be available for making grants under section 1509 of
the Public Health Service Act to not more than 15 States: Provided
further, That notwithstanding any other provision of law, a single
contract or related contracts for development and construction of
facilities may be employed which collectively include the full scope of
the project: Provided further, That the solicitation and contract shall
contain the clause ``availability of funds'' found at 48. CFR 52.232-
18.
National Institutes of Health
national cancer institute
For carrying out section 301 and title IV of the Public Health
Service Act with respect to cancer, $3,804,084,000.
national heart, lung, and blood institute
For carrying out section 301 and title IV of the Public Health
Service Act with respect to cardiovascular, lung, and blood diseases,
and blood and blood products, $2,328,102,000.
national institute of dental and craniofacial research
For carrying out section 301 and title IV of the Public Health
Service Act with respect to dental disease, $309,923,000.
national institute of diabetes and digestive and kidney diseases
For carrying out section 301 and title IV of the Public Health
Service Act with respect to diabetes and digestive and kidney disease,
$1,318,106,000.
national institute of neurological disorders and stroke
For carrying out section 301 and title IV of the Public Health
Service Act with respect to neurological disorders and stroke,
$1,189,425,000.
national institute of allergy and infectious diseases
For carrying out section 301 and title IV of the Public Health
Service Act with respect to allergy and infectious diseases,
$2,066,526,000.
national institute of general medical sciences
For carrying out section 301 and title IV of the Public Health
Service Act with respect to general medical sciences, $1,554,176,000.
national institute of child health and human development
For carrying out section 301 and title IV of the Public Health
Service Act with respect to child health and human development,
$986,069,000.
national eye institute
For carrying out section 301 and title IV of the Public Health
Service Act with respect to eye diseases and visual disorders,
$516,605,000.
national institute of environmental health sciences
For carrying out sections 301 and 311 and title IV of the Public
Health Service Act with respect to environmental health sciences,
$508,263,000.
national institute on aging
For carrying out section 301 and title IV of the Public Health
Service Act with respect to aging, $794,625,000.
national institute of arthritis and musculoskeletal and skin diseases
For carrying out section 301 and title IV of the Public Health
Service Act with respect to arthritis and musculoskeletal and skin
diseases, $401,161,000.
national institute on deafness and other communication disorders
For carrying out section 301 and title IV of the Public Health
Service Act with respect to deafness and other communication disorders,
$303,541,000.
national institute of nursing research
For carrying out section 301 and title IV of the Public Health
Service Act with respect to nursing research, $106,848,000.
national institute on alcohol abuse and alcoholism
For carrying out section 301 and title IV of the Public Health
Service Act with respect to alcohol abuse and alcoholism, $336,848,000.
national institute on drug abuse
For carrying out section 301 and title IV of the Public Health
Service Act with respect to drug abuse, $790,038,000.
national institute of mental health
For carrying out section 301 and title IV of the Public Health
Service Act with respect to mental health, $1,117,928,000.
national human genome research institute
For carrying out section 301 and title IV of the Public Health
Service Act with respect to human genome research, $385,888,000.
national center for research resources
For carrying out section 301 and title IV of the Public Health
Service Act with respect to research resources and general research
support grants, $775,212,000: Provided, That none of these funds shall
be used to pay recipients of the general research support grants
program any amount for indirect expenses in connection with such
grants: Provided further, That $75,000,000 shall be for extramural
facilities construction grants.
national center for complementary and alternative medicine
For carrying out section 301 and title IV of the Public Health
Service Act with respect to complementary and alternative medicine,
$100,089,000.
john e. fogarty international center
For carrying out the activities at the John E. Fogarty
International Center, $61,260,000.
national library of medicine
For carrying out section 301 and title IV of the Public Health
Service Act with respect to health information communications,
$256,953,000, of which $4,000,000 shall be available until expended for
improvement of information systems: Provided, That in fiscal year 2001,
the Library may enter into personal services contracts for the
provision of services in facilities owned, operated, or constructed
under the jurisdiction of the National Institutes of Health.
office of the director
(including transfer of funds)
For carrying out the responsibilities of the Office of the
Director, National Institutes of Health, $352,165,000, of which
$48,271,000 shall be for the Office of AIDS Research: Provided, That
funding shall be available for the purchase of not to exceed 20
passenger motor vehicles for replacement only: Provided further, That
the Director may direct up to 1 percent of the total amount made
available in this or any other Act to all National Institutes of Health
appropriations to activities the Director may so designate: Provided
further, That no such appropriation shall be decreased by more than 1
percent by any such transfers and that the Congress is promptly
notified of the transfer: Provided further, That the National
Institutes of Health is authorized to collect third party payments for
the cost of clinical services that are incurred in National Institutes
of Health research facilities and that such payments shall be credited
to the National Institutes of Health Management Fund: Provided further,
That all funds credited to the National Institutes of Health Management
Fund shall remain available for one fiscal year after the fiscal year
in which they are deposited: Provided further, That up to $500,000
shall be available to carry out section 499 of the Public Health
Service Act: Provided further, That, notwithstanding section 499(k)(10)
of the Public Health Service Act, funds from the Foundation for the
National Institutes of Health may be transferred to the National
Institutes of Health.
buildings and facilities
For the study of, construction of, and acquisition of equipment
for, facilities of or used by the National Institutes of Health,
including the acquisition of real property, $148,900,000, to remain
available until expended, of which $47,300,000 shall be for the
neuroscience research center: Provided, That notwithstanding any other
provision of law, a single contract or related contracts for the
development and construction of the first phase of the National
Neuroscience Research Center may be employed which collectively include
the full scope of the project: Provided further, That the solicitation
and contract shall contain the clause ``availability of funds'' found
at 48 CFR 52.232-18.
Substance Abuse and Mental Health Services Administration
substance abuse and mental health services
For carrying out titles V and XIX of the Public Health Service Act
with respect to substance abuse and mental health services, the
Protection and Advocacy for Mentally Ill Individuals Act of 1986, and
section 301 of the Public Health Service Act with respect to program
management, $2,730,757,000: Provided, That in addition to amounts
provided herein, $12,000,000 shall be available from amounts available
under section 241 of the Public Health Services Act, to carry out the
National Household Survey on Drug Abuse.
Agency for Healthcare Research and Quality
healthcare research and quality
For carrying out titles III and IX of the Public Health Service
Act, amounts received from Freedom of Information Act fees,
reimbursable and interagency agreements, and the sale of data shall be
credited to this appropriation and shall remain available until
expended: Provided, That the amount made available pursuant to section
926(b) of the Public Health Service Act shall not exceed $269,943,000.
Health Care Financing Administration
grants to states for medicaid
For carrying out, except as otherwise provided, titles XI and XIX
of the Social Security Act, $93,586,251,000, to remain available until
expended.
For making, after May 31, 2001, payments to States under title XIX
of the Social Security Act for the last quarter of fiscal year 2001 for
unanticipated costs, incurred for the current fiscal year, such sums as
may be necessary.
For making payments to States or in the case of section 1928 on
behalf of States under title XIX of the Social Security Act for the
first quarter of fiscal year 2002, $36,207,551,000, to remain available
until expended.
Payment under title XIX may be made for any quarter with respect to
a State plan or plan amendment in effect during such quarter, if
submitted in or prior to such quarter and approved in that or any
subsequent quarter.
payments to health care trust funds
For payment to the Federal Hospital Insurance and the Federal
Supplementary Medical Insurance Trust Funds, as provided under sections
217(g) and 1844 of the Social Security Act, sections 103(c) and 111(d)
of the Social Security Amendments of 1965, section 278(d) of Public Law
97-248, and for administrative expenses incurred pursuant to section
201(g) of the Social Security Act, $70,381,600,000.
program management
For carrying out, except as otherwise provided, titles XI, XVIII,
XIX, and XXI of the Social Security Act, titles XIII and XXVII of the
Public Health Service Act, and the Clinical Laboratory Improvement
Amendments of 1988, not to exceed $2,018,500,000, to be transferred
from the Federal Hospital Insurance and the Federal Supplementary
Medical Insurance Trust Funds, as authorized by section 201(g) of the
Social Security Act; together with all funds collected in accordance
with section 353 of the Public Health Service Act and such sums as may
be collected from authorized user fees and the sale of data, which
shall remain available until expended, and together with administrative
fees collected relative to Medicare overpayment recovery activities,
which shall remain available until expended: Provided, That all funds
derived in accordance with 31 U.S.C. 9701 from organizations
established under title XIII of the Public Health Service Act shall be
credited to and available for carrying out the purposes of this
appropriation: Provided further, That $18,000,000 appropriated under
this heading for the managed care system redesign shall remain
available until expended: Provided further, That $3,000,000 of the
amount available for research, demonstration, and evaluation activities
shall be available to continue carrying out demonstration projects on
Medicaid coverage of community-based attendant care services for people
with disabilities which ensures maximum control by the consumer to
select and manage their attendant care services: Provided further, That
the Secretary of Health and Human Services is directed to collect fees
in fiscal year 2001 from Medicare+Choice organizations pursuant to
section 1857(e)(2) of the Social Security Act and from eligible
organizations with risk-sharing contracts under section 1876 of that
Act pursuant to section 1876(k)(4)(D) of that Act: Provided further,
That administrative fees collected relative to Medicare overpayment
recovery activities shall be transferred to the Health Care Fraud and
Abuse Control (HCFAC) account, to be used for Medicare Integrity
Program (MIP) activities in addition to the amounts already specified,
and shall remain available until expended.
Administration for Children and Families
low income home energy assistance
For making payments under title XXVI of the Omnibus Reconciliation
Act of 1981, $300,000,000: Provided, That these funds are hereby
designated by the Congress to be emergency requirements pursuant to
section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit
Control Act of 1985: Provided further, That these funds shall be made
available only after submission to the Congress of a formal budget
request by the President that includes designation of the entire amount
of the request as an emergency requirement as defined in such Act.
refugee and entrant assistance
For making payments for refugee and entrant assistance activities
authorized by title IV of the Immigration and Nationality Act and
section 501 of the Refugee Education Assistance Act of 1980 (Public Law
96-422), $418,321,000, to remain available through September 30, 2003.
For carrying out section 5 of the Torture Victims Relief Act of
1998 (Public Law 105-320), $7,265,000.
payments to states for child support enforcement and family support
programs
For making payments to States or other non-Federal entities under
titles I, IV-D, X, XI, XIV, and XVI of the Social Security Act and the
Act of July 5, 1960 (24 U.S.C. ch. 9), $2,473,880,000, to remain
available until expended; and for such purposes for the first quarter
of fiscal year 2002, $1,000,000,000, to remain available until
expended.
For making payments to each State for carrying out the program of
Aid to Families with Dependent Children under title IV-A of the Social
Security Act before the effective date of the program of Temporary
Assistance to Needy Families (TANF) with respect to such State, such
sums as may be necessary: Provided, That the sum of the amounts
available to a State with respect to expenditures under such title IV-A
in fiscal year 1997 under this appropriation and under such title IV-A
as amended by the Personal Responsibility and Work Opportunity
Reconciliation Act of 1996 shall not exceed the limitations under
section 116(b) of such Act.
For making, after May 31 of the current fiscal year, payments to
States or other non-Federal entities under titles I, IV-D, X, XI, XIV,
and XVI of the Social Security Act and the Act of July 5, 1960 (24
U.S.C. ch. 9), for the last 3 months of the current year for
unanticipated costs, incurred for the current fiscal year, such sums as
may be necessary.
payments to states for the child care and development block grant
For carrying out sections 658A through 658R of the Omnibus Budget
Reconciliation Act of 1981 (The Child Care and Development Block Grant
Act of 1990), in addition to amounts already appropriated for fiscal
year 2001, $817,328,000: Provided, That of the funds appropriated for
fiscal year 2001, $19,120,000 shall be available for child care
resource and referral and school-aged child care activities: Provided
further, That of the funds appropriated for fiscal year 2001, in
addition to the amounts required to be reserved by the States under
section 658G, $222,672,000 shall be reserved by the States for
activities authorized under section 658G, of which $60,000,000 shall be
for activities that improve the quality of infant and toddler child
care.
social services block grant
For making grants to States pursuant to section 2002 of the Social
Security Act, $600,000,000: Provided, That notwithstanding section
2003(c) of such Act, as amended, the amount specified for allocation
under such section for fiscal year 2001 shall be $600,000,000.
children and families services programs
(including rescissions)
For carrying out, except as otherwise provided, the Runaway and
Homeless Youth Act, the Developmental Disabilities Assistance and Bill
of Rights Act, the Head Start Act, the Child Abuse Prevention and
Treatment Act, the Native American Programs Act of 1974, title II of
Public Law 95-266 (adoption opportunities), the Adoption and Safe
Families Act of 1997 (Public Law 105-89), the Abandoned Infants
Assistance Act of 1988, part B(1) of title IV and sections 413, 429A,
1110, and 1115 of the Social Security Act; for making payments under
the Community Services Block Grant Act, section 473A of the Social
Security Act, and title IV of Public Law 105-285; and for necessary
administrative expenses to carry out said Acts and titles I, IV, X, XI,
XIV, XVI, and XX of the Social Security Act, the Act of July 5, 1960
(24 U.S.C. ch. 9), the Omnibus Budget Reconciliation Act of 1981, title
IV of the Immigration and Nationality Act, section 501 of the Refugee
Education Assistance Act of 1980, section 5 of the Torture Victims
Relief Act of 1998 (Public Law 105-320), sections 40155, 40211, and
40241 of Public Law 103-322 and section 126 and titles IV and V of
Public Law 100-485, $7,881,586,000, of which $41,791,000, to remain
available until September 30, 2002, shall be for grants to States for
adoption incentive payments, as authorized by section 473A of title IV
of the Social Security Act (42 U.S.C. 670-679); of which $134,074,000,
to remain available until expended, shall be for activities authorized
by sections 40155, 40211, and 40241 of Public Law 103-322; of which
$606,676,000 shall be for making payments under the Community Services
Block Grant Act; and of which $6,267,000,000 shall be for making
payments under the Head Start Act, of which $1,400,000,000 shall become
available October 1, 2001 and remain available through September 30,
2002: Provided, That to the extent Community Services Block Grant funds
are distributed as grant funds by a State to an eligible entity as
provided under the Act, and have not been expended by such entity, they
shall remain with such entity for carryover into the next fiscal year
for expenditure by such entity consistent with program purposes:
Provided further, That the Secretary shall establish procedures
regarding the disposition of intangible property which permits grant
funds, or intangible assets acquired with funds authorized under
section 680 of the Community Services Block Grant Act, as amended, to
become the sole property of such grantees after a period of not more
than 12 years after the end of the grant for purposes and uses
consistent with the original grant.
Funds appropriated for fiscal year 2000 under section 429A(e), part
B of title IV of the Social Security Act shall be reduced by
$6,000,000.
Funds appropriated for fiscal year 2000 under section 413(h)(1) of
the Social Security Act shall be reduced by $15,000,000.
promoting safe and stable families
For carrying out section 430 of the Social Security Act,
$305,000,000.
payments to states for foster care and adoption assistance
For making payments to States or other non-Federal entities under
title IV-E of the Social Security Act, $4,868,100,000.
For making payments to States or other non-Federal entities under
title IV-E of the Social Security Act, for the first quarter of fiscal
year 2002, $1,735,900,000.
Administration on Aging
aging services programs
For carrying out, to the extent not otherwise provided, the Older
Americans Act of 1965, as amended, and section 398 of the Public Health
Service Act, $954,619,000: Provided, That notwithstanding section
308(b)(1) of the Older Americans Act of 1965, as amended, the amounts
available to each State for administration of the State plan under
title III of such Act shall be reduced not more than 5 percent below
the amount that was available to such State for such purpose for fiscal
year 1995: Provided further, That in considering grant applications for
nutrition services for elder Indian recipients, the Assistant Secretary
shall provide maximum flexibility to applicants who seek to take into
account subsistence, local customs, and other characteristics that are
appropriate to the unique cultural, regional, and geographic needs of
the American Indian, Alaska and Hawaiian Native communities to be
served.
Office of the Secretary
general departmental management
For necessary expenses, not otherwise provided, for general
departmental management, including hire of six sedans, and for carrying
out titles III, XVII, and XX of the Public Health Service Act, and the
United States-Mexico Border Health Commission Act, $206,766,000,
together with $5,851,000, to be transferred and expended as authorized
by section 201(g)(1) of the Social Security Act from the Hospital
Insurance Trust Fund and the Supplemental Medical Insurance Trust Fund:
Provided further, That of the funds made available under this heading
for carrying out title XX of the Public Health Service Act, $10,569,000
shall be for activities specified under section 2003(b)(2), of which
$9,131,000 shall be for prevention service demonstration grants under
section 510(b)(2) of title V of the Social Security Act, as amended,
without application of the limitation of section 2010(c) of said title
XX.
office of inspector general
For expenses necessary for the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978, as
amended, $33,849,000.
office for civil rights
For expenses necessary for the Office for Civil Rights,
$20,742,000, together with not to exceed $3,314,000, to be transferred
and expended as authorized by section 201(g)(1) of the Social Security
Act from the Hospital Insurance Trust Fund and the Supplemental Medical
Insurance Trust Fund.
policy research
For carrying out, to the extent not otherwise provided, research
studies under section 1110 of the Social Security Act, $16,738,000.
retirement pay and medical benefits for commissioned officers
For retirement pay and medical benefits of Public Health Service
Commissioned Officers as authorized by law, for payments under the
Retired Serviceman's Family Protection Plan and Survivor Benefit Plan,
for medical care of dependents and retired personnel under the
Dependents' Medical Care Act (10 U.S.C. ch. 55), and for payments
pursuant to section 229(b) of the Social Security Act (42 U.S.C.
429(b)), such amounts as may be required during the current fiscal
year.
Public Health and Social Services Emergency Fund
For public health and social services, $264,600,000.
GENERAL PROVISIONS
Sec. 201. Funds appropriated in this title shall be available for
not to exceed $37,000 for official reception and representation
expenses when specifically approved by the Secretary.
Sec. 202. The Secretary shall make available through assignment not
more than 60 employees of the Public Health Service to assist in child
survival activities and to work in AIDS programs through and with funds
provided by the Agency for International Development, the United
Nations International Children's Emergency Fund or the World Health
Organization.
Sec. 203. None of the funds appropriated under this Act may be used
to implement section 399L(b) of the Public Health Service Act or
section 1503 of the National Institutes of Health Revitalization Act of
1993, Public Law 103-43.
Sec. 204. None of the funds appropriated in this Act for the
National Institutes of Health and the Substance Abuse and Mental Health
Services Administration shall be used to pay the salary of an
individual, through a grant or other extramural mechanism, at a rate in
excess of Executive Level II.
Sec. 205. Notwithstanding section 241(a) of the Public Health
Service Act, such portion as the Secretary shall determine, but not
more than 1.6 percent, of any amounts appropriated for programs
authorized under the PHS Act shall be made available for the evaluation
(directly or by grants or contracts) of the implementation and
effectiveness of such programs.
(transfer of funds)
Sec. 206. Not to exceed 1 percent of any discretionary funds
(pursuant to the Balanced Budget and Emergency Deficit Control Act of
1985, as amended) which are appropriated for the current fiscal year
for the Department of Health and Human Services in this Act may be
transferred between appropriations, but no such appropriation shall be
increased by more than 3 percent by any such transfer: Provided, That
the Appropriations Committees of both Houses of Congress are notified
at least 15 days in advance of any transfer.
Sec. 207. The Director of the National Institutes of Health,
jointly with the Director of the Office of AIDS Research, may transfer
up to 3 percent among institutes, centers, and divisions from the total
amounts identified by these two Directors as funding for research
pertaining to the human immunodeficiency virus: Provided, That the
Congress is promptly notified of the transfer.
Sec. 208. Of the amounts made available in this Act for the
National Institutes of Health, the amount for research related to the
human immunodeficiency virus, as jointly determined by the Director of
the National Institutes of Health and the Director of the Office of
AIDS Research, shall be made available to the ``Office of AIDS
Research'' account. The Director of the Office of AIDS Research shall
transfer from such account amounts necessary to carry out section
2353(d)(3) of the Public Health Service Act.
Sec. 209. None of the funds appropriated in this Act may be made
available to any entity under title X of the Public Health Service Act
unless the applicant for the award certifies to the Secretary that it
encourages family participation in the decision of minors to seek
family planning services and that it provides counseling to minors on
how to resist attempts to coerce minors into engaging in sexual
activities.
Sec. 210. None of the funds appropriated by this Act (including
funds appropriated to any trust fund) may be used to carry out the
Medicare+Choice program if the Secretary denies participation in such
program to an otherwise eligible entity (including a Provider Sponsored
Organization) because the entity informs the Secretary that it will not
provide, pay for, provide coverage of, or provide referrals for
abortions: Provided, That the Secretary shall make appropriate
prospective adjustments to the capitation payment to such an entity
(based on an actuarially sound estimate of the expected costs of
providing the service to such entity's enrollees): Provided further,
That nothing in this section shall be construed to change the Medicare
program's coverage for such services and a Medicare+Choice organization
described in this section shall be responsible for informing enrollees
where to obtain information about all Medicare covered services.
Sec. 211. (a) Mental Health.--Section 1918(b) of the Public Health
Service Act (42 U.S.C. 300x-7(b)) is amended to read as follows:
``(b) Minimum Allotments for States.--Each State's allotment for
fiscal year 2001 for programs under this subpart shall not be less than
such State's allotment for such programs for fiscal year 2000.''.
(b) Substance Abuse.--Section 1933(b) of the Public Health Service
Act (42 U.S.C. 300x-33(b)) is amended to read as follows:
``(b) Minimum Allotments for States.--Each State's allotment for
fiscal year 2001 for programs under this subpart shall not be less than
such State's allotment for such programs for fiscal year 2000.''.
Sec. 212. Notwithstanding any other provision of law, no provider
of services under title X of the Public Health Service Act shall be
exempt from any State law requiring notification or the reporting of
child abuse, child molestation, sexual abuse, rape, or incest.
Sec. 213. Extension of Certain Adjudication Provisions.--The
Foreign Operations, Export Financing, and Related Programs
Appropriations Act, 1990 (Public Law 101-167) is amended--
(1) in section 599D (8 U.S.C. 1157 note)--
(A) in subsection (b)(3), by striking ``1997, 1998,
1999, and 2000'' and inserting ``1997, 1998, 1999, 2000
and 2001''; and
(B) in subsection (e), by striking ``October 1,
2000'' each place it appears and inserting ``October 1,
2001''; and
(2) in section 599E (8 U.S.C. 1255 note) in subsection
(b)(2), by striking ``September 30, 2000'' and inserting
``September 30, 2001''.
Sec. 214. None of the funds provided in this Act or in any other
Act making appropriations for fiscal year 2001 may be used to
administer or implement in Arizona or in the Kansas City, Missouri or
in the Kansas City, Kansas area the Medicare Competitive Pricing
Demonstration Project (operated by the Secretary of Health and Human
Services).
Sec. 215. Withholding of Substance Abuse Funds. (a) In General.--
None of the funds appropriated by this Act may be used to withhold
substance abuse funding from a State pursuant to section 1926 of the
Public Health Service Act (42 U.S.C. 300x-26) if such State certifies
to the Secretary of Health and Human Services by December 15, 2000 that
the State will commit additional State funds, in accordance with
subsection (b), to ensure compliance with State laws prohibiting the
sale of tobacco products to individuals under 18 years of age.
(b) Amount of State Funds.--The amount of funds to be committed by
a State under subsection (a) shall be equal to 1 percent of such
State's substance abuse block grant allocation for each percentage
point by which the State misses the retailer compliance rate goal
established by the Secretary of Health and Human Services under section
1926 of such Act.
(c) Additional State Funds.--The State is to maintain State
expenditures in fiscal year 2001 for tobacco prevention programs and
for compliance activities at a level that is not less than the level of
such expenditures maintained by the State for fiscal year 2000, and
adding to that level the additional funds for tobacco compliance
activities required under subsection (a). The State is to submit a
report to the Secretary on all fiscal year 2000 State expenditures and
all fiscal year 2001 obligations for tobacco prevention and compliance
activities by program activity by July 31, 2001.
(d) Enforcement of State Obligations.--The Secretary shall exercise
discretion in enforcing the timing of the State obligation of the
additional funds required by the certification described in subsection
(a) as late as July 31, 2000.
Sec. 216. Section 403(a)(3) of the Social Security Act (42 U.S.C.
603(a)(3)) is amended--
(1) in subparagraph (A)--
(A) in clause (i), by striking ``and'' at the end;
(B) in clause (ii)--
(i) by striking ``1999, 2000, and 2001''
and inserting ``1999 and 2000''; and
(ii) by striking the period at the end and
inserting ``; and''; and
(C) by adding at the end the following new clause:
``(iii) for fiscal year 2001, a grant in an
amount equal to the amount of the grant to the
State under clause (i) for fiscal year 1998.''
and
(2) in subparagraph (G), by inserting at the end, ``Upon
enactment, the provisions of this Act that would have been
estimated by the Director of the Office of Management and
Budget as changing direct spending and receipts for fiscal year
2001 under section 252 of the Balanced Budget and Emergency
Deficit Control Act of 1985 (Public Law 99-177), to the extent
such changes would have been estimated to result in savings in
fiscal year 2001 of $240,000,000 in budget authority and
$122,000,000 in outlays, shall be treated as if enacted in an
appropriations act pursuant to Rule 3 of the Budget
Scorekeeping Guidelines set forth in the Joint Explanatory
Statement of the Committee of Conference accompanying
Conference Report No. 105-217, thereby changing discretionary
spending under section 251 of that Act.''.
Sec. 217. (a) Notwithstanding Section 2104(f) of the Social
Security Act (the Act), the Secretary of Health and Human Services
shall reduce the amounts allotted to a State under subsection (b) of
the Act for fiscal year 1998 by the applicable amount with respect to
the State; and
(b) Notwithstanding Section 2104(a) of the Act, the Secretary shall
increase the amount otherwise payable to each State under such
subsection for fiscal year 2003 by the amount of the reduction made
under paragraph (a) of this section. Funds made available under this
subsection shall remain available through September 30, 2004.
(c) Applicable Amount Defined.--In subsection (a), with respect to
a State, the term ``applicable amount'' means, with respect to a State,
an amount bearing the same proportion to $1,900,000,000 as the
unexpended balance of its fiscal year 1998 allotment as of September
30, 2000, which would otherwise be redistributed to States in fiscal
year 2001 under Section 2104(f) of the Act, bears to the sum of the
unexpended balances of fiscal year 1998 allotments for all States as of
September 30, 2000: Provided, That, the applicable amount for a State
shall not exceed the unexpended balance of its fiscal year 1998
allotment as of September 30, 2000.
TITLE III--DEPARTMENT OF EDUCATION
Office of Elementary and Secondary Education
education reform
For carrying out activities authorized by title IV of the Goals
2000: Educate America Act as in effect prior to September 30, 2000, and
sections 3122, 3132, 3136, and 3141, parts B, C, and D of title III,
and part I of title X of the Elementary and Secondary Education Act of
1965, $1,434,500,000, of which $40,000,000 shall be for the Goals 2000:
Educate America Act, and of which $192,000,000 shall be for section
3122: Provided, That up to one-half of 1 percent of the amount
available under section 3132 shall be set aside for the outlying areas,
to be distributed on the basis of their relative need as determined by
the Secretary in accordance with the purposes of the program: Provided
further, That if any State educational agency does not apply for a
grant under section 3132, that State's allotment under section 3131
shall be reserved by the Secretary for grants to local educational
agencies in that State that apply directly to the Secretary according
to the terms and conditions published by the Secretary in the Federal
Register: Provided further, That, notwithstanding part I of title X of
the Elementary and Secondary Education Act of 1965 or any other
provision of law, a community-based organization that has experience in
providing before- and after-school services shall be eligible to
receive a grant under that part, on the same basis as a school or
consortium described in section 10904 of that Act, and the Secretary
shall give priority to any application for such a grant that is
submitted jointly by such a community-based organization and such a
school or consortium.
education for the disadvantaged
For carrying out title I of the Elementary and Secondary Education
Act of 1965, and section 418A of the Higher Education Act of 1965,
$8,986,800,000, of which $2,729,958,000 shall become available on July
1, 2001, and shall remain available through September 30, 2002, and of
which $6,223,342,000 shall become available on October 1, 2001 and
shall remain available through September 30, 2002, for academic year
2000-2001: Provided, That $7,113,403,000 shall be available for basic
grants under section 1124: Provided further, That up to $3,500,000 of
these funds shall be available to the Secretary on October 1, 2000, to
obtain updated local educational agency level census poverty data from
the Bureau of the Census: Provided further, That $1,222,397,000 shall
be available for concentration grants under section 1124A: Provided
further, That grant awards under sections 1124 and 1124A of title I of
the Elementary and Secondary Education Act of 1965 shall be made to
each State and local educational agency at no less than 100 percent of
the amount such State or local educational agency received under this
authority for fiscal year 2000: Provided further, That notwithstanding
any other provision of law, grant awards under section 1124A of title I
of the Elementary and Secondary Education Act of 1965 shall be made to
those local educational agencies that received a Concentration Grant
under the Department of Education Appropriations Act, 2000, but are not
eligible to receive such a grant for fiscal year 2001: Provided
further, That each such local educational agency shall receive an
amount equal to the Concentration Grant the agency received in fiscal
year 2000, ratably reduced, if necessary, to ensure that these local
educational agencies receive no greater share of their hold-harmless
amounts than other local educational agencies: Provided further, That
notwithstanding any other provision of law, in calculating the amount
of Federal assistance awarded to a State or local educational agency
under any program under title I of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 6301 et seq.) on the basis of a
formula described in section 1124 or 1124A of such Act (20 U.S.C. 6333,
6334), any funds appropriated for the program in excess of the amount
appropriated for the program for fiscal year 2000 shall be awarded
according to the formula, except that, for such purposes, the formula
shall be applied only to States or local educational agencies that
experience a reduction under the program for fiscal year 2001 as a
result of the application of the 100 percent hold harmless provisions
under the heading ``Education for the Disadvantaged'': Provided
further, That the Secretary shall not take into account the hold
harmless provisions in this section in determining State allocations
under any other program administered by the Secretary in any fiscal
year.
impact aid
For carrying out programs of financial assistance to federally
affected schools authorized by title VIII of the Elementary and
Secondary Education Act of 1965, $1,030,000,000, of which $818,000,000
shall be for basic support payments under section 8003(b), $50,000,000
shall be for payments for children with disabilities under section
8003(d), $82,000,000, to remain available until expended, shall be for
payments under section 8003(f), $25,000,000 shall be for construction
under section 8007, $47,000,000 shall be for Federal property payments
under section 8002 and $8,000,000 to remain available until expended
shall be for facilities maintenance under section 8008.
school improvement programs
For carrying out school improvement activities authorized by titles
II, IV, V-A and B, VI, IX, X, and XIII of the Elementary and Secondary
Education Act of 1965 (``ESEA''); the Stewart B. McKinney Homeless
Assistance Act; and the Civil Rights Act of 1964 and part B of title
VIII of the Higher Education Act of 1965; $4,672,534,000, of which
$1,100,200,000 shall become available on July 1, 2001, and remain
available through September 30, 2002, and of which $2,915,000,000 shall
become available on October 1, 2001 and shall remain available through
September 30, 2002 for academic year 2001-2002: Provided, That of the
amount appropriated, $435,000,000 shall be for Eisenhower professional
development State grants under title II-B and $3,100,000,000 shall be
for title VI and up to $750,000 shall be for an evaluation of
comprehensive regional assistance centers under title XIII of ESEA:
Provided further, That of the amount made available for Title VI,
$2,700,000,000 shall be available, notwithstanding any other provision
of law, for purposes consistent with title VI to be determined by the
local education agency as part of a local strategy for improving
academic achievement: Provided further, That these funds may also be
used to address the shortage of highly qualified teachers to reduce
class size, particularly in early grades, using highly qualified
teachers to improve educational achievement for regular and special
needs children; to support efforts to recruit, train and retrain highly
qualified teachers or for school construction and renovation of
facilities, at the sole discretion of the local educational agency.
reading excellence
For necessary expenses to carry out the Reading Excellence Act,
$91,000,000, which shall become available on July 1, 2001 and shall
remain available through September 30, 2002 and $195,000,000 which
shall become available on October 1, 2001 and remain available through
September 30, 2002.
indian education
For expenses necessary to carry out, to the extent not otherwise
provided, title IX, part A of the Elementary and Secondary Education
Act of 1965, as amended, $115,500,000.
Office of Bilingual Education and Minority Languages Affairs
bilingual and immigrant education
For carrying out, to the extent not otherwise provided, bilingual,
foreign language and immigrant education activities authorized by parts
A and C and section 7203 of title VII of the Elementary and Secondary
Education Act of 1965, without regard to section 7103(b), $443,000,000:
Provided, That State educational agencies may use all, or any part of,
their part C allocation for competitive grants to local educational
agencies.
Office of Special Education and Rehabilitative Services
special education
For carrying out the Individuals with Disabilities Education Act,
$7,352,341,000, of which $2,464,452,000 shall become available for
obligation on July 1, 2001, and shall remain available through
September 30, 2002, and of which $4,624,000,000 shall become available
on October 1, 2001 and shall remain available through September 30,
2002, for academic year 2001-2002: Provided, That $1,500,000 shall be
for the recipient of funds provided by Public Law 105-78 under section
687(b)(2)(G) of the Act to provide information on diagnosis,
intervention, and teaching strategies for children with disabilities:
Provided further, That the amount for section 611(c) of the Act shall
be equal to the amount available for that section under Public Law 106-
113, increased by the rate of inflation as specified in section
611(f)(1)(B)(ii) of the Act.
rehabilitation services and disability research
For carrying out, to the extent not otherwise provided, the
Rehabilitation Act of 1973, the Assistive Technology Act of 1998, and
the Helen Keller National Center Act, $2,799,519,000: Provided, That
notwithstanding section 105(b)(1) of the Assistive Technology Act of
1998 (``the AT Act''), each State shall be provided $50,000 for
activities under section 102 of the AT Act: Provided further, That
notwithstanding section 105(b)(1) and section 101(f)(2) and (3) of the
Assistive Technology Act of 1998, each State shall be provided a
minimum of $500,000 for activities under section 101: Provided further,
That $7,000,000 shall be used to support grants for up to three years
to states under title III of the AT Act, of which the Federal share
shall not exceed 75 percent in the first year, 50 percent in the second
year, and 25 percent in the third year, and that the requirements in
section 301(c)(2) and section 302 of that Act shall not apply to such
grants.
Special Institutions for Persons With Disabilities
american printing house for the blind
For carrying out the Act of March 3, 1879, as amended (20 U.S.C.
101 et seq.), $12,500,000.
national technical institute for the deaf
For the National Technical Institute for the Deaf under titles I
and II of the Education of the Deaf Act of 1986 (20 U.S.C. 4301 et
seq.), $54,366,000, of which $7,176,000 shall be for construction and
shall remain available until expended: Provided, That from the total
amount available, the Institute may at its discretion use funds for the
endowment program as authorized under section 207.
gallaudet university
For the Kendall Demonstration Elementary School, the Model
Secondary School for the Deaf, and the partial support of Gallaudet
University under titles I and II of the Education of the Deaf Act of
1986 (20 U.S.C. 4301 et seq.), $87,650,000: Provided, That from the
total amount available, the University may at its discretion use funds
for the endowment program as authorized under section 207.
Office of Vocational and Adult Education
vocational and adult education
For carrying out, to the extent not otherwise provided, the Carl D.
Perkins Vocational and Technical Education Act, the Adult Education and
Family Literacy Act, and title VIII-D of the Higher Education Act of
1965, as amended, and Public Law 102-73, $1,726,600,000, of which
$1,000,000 shall remain available until expended, and of which
$929,000,000 shall become available on July 1, 2001 and shall remain
available through September 30, 2002 and of which $791,000,000 shall
become available on October 1, 2001 and shall remain available through
September 30, 2002: Provided, That of the amounts made available for
the Carl D. Perkins Vocational and Technical Education Act, $5,600,000
shall be for tribally controlled postsecondary vocational and technical
institutions under section 117: Provided further, That $9,000,000 shall
be for carrying out section 118 of such Act: Provided further, That up
to 15 percent of the funds provided may be used by the national entity
designated under section 118(a) to cover the cost of authorized
activities and operations, including Federal salaries and expenses:
Provided further, That the national entity is authorized, effective
upon enactment, to charge fees for publications, training, and
technical assistance developed by that national entity: Provided
further, That revenues received from publications and delivery of
technical assistance and training, notwithstanding 31 U.S.C. 3302, may
be credited to the national entity's account and shall be available to
the national entity, without fiscal year limitation, so long as such
revenues are used for authorized activities and operations of the
national entity: Provided further, That of the funds made available to
carry out section 204 of the Perkins Act, all funds that a State
receives in excess of its prior-year allocation shall be competitively
awarded: Provided further, That in making these awards, each State
shall give priority to consortia whose applications most effectively
integrate all components under section 204(c): Provided further, That
of the amounts made available for the Carl D. Perkins Vocational and
Technical Education Act, $5,000,000 shall be for demonstration
activities authorized by section 207: Provided further, That of the
amounts made available for the Adult Education and Family Literacy Act,
$14,000,000 shall be for national leadership activities under section
243 and $6,500,000 shall be for the National Institute for Literacy
under section 242: Provided further, That $22,000,000 shall be for
Youth Offender Grants, of which $5,000,000 shall be used in accordance
with section 601 of Public Law 102-73 as that section was in effect
prior to the enactment of Public Law 105-220: Provided further, That of
the amounts made available for title I of the Perkins Act, the
Secretary may reserve up to 0.54 percent for incentive grants under
section 503 of the Workforce Investment Act, without regard to section
111(a)(1)(C) of the Perkins Act: Provided further, That of the amounts
made available for the Adult Education and Family Literacy Act, the
Secretary may reserve up to 0.54 percent for incentive grants under
section 503 of the Workforce Investment Act, without regard to section
211(a)(3) of the Adult Education and Family Literacy Act.
Office of Student Financial Assistance
student financial assistance
For carrying out subparts 1, 3 and 4 of part A, part C and part E
of title IV of the Higher Education Act of 1965, as amended,
$10,624,000,000, which shall remain available through September 30,
2002.
The maximum Pell Grant for which a student shall be eligible during
award year 2001-2002 shall be $3,650: Provided, That notwithstanding
section 401(g) of the Act, if the Secretary determines, prior to
publication of the payment schedule for such award year, that the
amount included within this appropriation for Pell Grant awards in such
award year, and any funds available from the fiscal year 2000
appropriation for Pell Grant awards, are insufficient to satisfy fully
all such awards for which students are eligible, as calculated under
section 401(b) of the Act, the amount paid for each such award shall be
reduced by either a fixed or variable percentage, or by a fixed dollar
amount, as determined in accordance with a schedule of reductions
established by the Secretary for this purpose.
federal family education loan program account
For Federal administrative expenses to carry out guaranteed student
loans authorized by title IV, part B, of the Higher Education Act of
1965, as amended, $48,000,000.
Office of Postsecondary Education
higher education
For carrying out, to the extent not otherwise provided, section 121
and titles II, III, IV, V, VI, VII, and VIII of the Higher Education
Act of 1965, as amended, and the Mutual Educational and Cultural
Exchange Act of 1961; $1,694,520,000, of which $10,000,000 for interest
subsidies authorized by section 121 of the Higher Education Act of
1965, shall remain available until expended: Provided, That
$11,000,000, to remain available through September 30, 2002, shall be
available to fund fellowships under part A, subpart 1 of title VII of
said Act, of which up to $1,000,000 shall be available to fund
fellowships for academic year 2001-2002, and the remainder shall be
available to fund fellowships for academic year 2002-2003: Provided
further, That $3,000,000 is for data collection and evaluation
activities for programs under the Higher Education Act of 1965,
including such activities needed to comply with the Government
Performance and Results Act of 1993: Provided further, That section
404F(a) of the Higher Education Amendments of 1998 is amended by
striking out ``using funds appropriated under section 404H that do not
exceed $200,000'' and inserting in lieu thereof ``using not more than
0.2 percent of the funds appropriated under section 404H''.
howard university
For partial support of Howard University (20 U.S.C. 121 et seq.),
$224,000,000, of which not less than $3,530,000 shall be for a matching
endowment grant pursuant to the Howard University Endowment Act (Public
Law 98-480) and shall remain available until expended.
college housing and academic facilities loans program
For Federal administrative expenses authorized under section 121 of
the Higher Education Act of 1965, $737,000 to carry out activities
related to existing facility loans entered into under the Higher
Education Act of 1965.
historically black college and university capital financing program
account
The total amount of bonds insured pursuant to section 344 of title
III, part D of the Higher Education Act of 1965 shall not exceed
$357,000,000, and the cost, as defined in section 502 of the
Congressional Budget Act of 1974, of such bonds shall not exceed zero.
For administrative expenses to carry out the Historically Black
College and University Capital Financing Program entered into pursuant
to title III, part D of the Higher Education Act of 1965, as amended,
$208,000.
Office of Educational Research and Improvement
education research, statistics, and improvement
For carrying out activities authorized by the Educational Research,
Development, Dissemination, and Improvement Act of 1994, including part
E; the National Education Statistics Act of 1994, including sections
411 and 412; section 2102 of title II, and parts A, B, and K and
section 10102, section 10105, and 10601 of title X, and part C of title
XIII of the Elementary and Secondary Education Act of 1965, as amended,
and title VI of Public Law 103-227, $496,519,000: Provided, That of the
funds appropriated under section 10601 of title X of the Elementary and
Secondary Education Act of 1965, as amended, $1,500,000 shall be used
to conduct a violence prevention demonstration program: Provided
further, That $40,000,000 of the funds provided for the national
education research institutes shall be allocated notwithstanding
section 912(m)(1)(B-F) and subparagraphs (B) and (C) of section
931(c)(2) of Public Law 103-227: Provided further, That of the funds
available for section 10601 of title X of the Elementary and Secondary
Education Act of 1965, as amended, $150,000 shall be awarded to the
Center for Educational Technologies to complete production and
distribution of an effective CD-ROM product that would complement the
``We the People: The Citizen and the Constitution'' curriculum:
Provided further, That, in addition to the funds for title VI of Public
Law 103-227 and notwithstanding the provisions of section 601(c)(1)(C)
of that Act, $1,000,000 shall be available to the Center for Civic
Education to conduct a civic education program with Northern Ireland
and the Republic of Ireland and, consistent with the civics and
Government activities authorized in section 601(c)(3) of Public Law
103-227, to provide civic education assistance to democracies in
developing countries. The term ``developing countries'' shall have the
same meaning as the term ``developing country'' in the Education for
the Deaf Act.
Departmental Management
program administration
For carrying out, to the extent not otherwise provided, the
Department of Education Organization Act, including rental of
conference rooms in the District of Columbia and hire of two passenger
motor vehicles, $396,672,000.
office for civil rights
For expenses necessary for the Office for Civil Rights, as
authorized by section 203 of the Department of Education Organization
Act, $73,224,000.
office of the inspector general
For expenses necessary for the Office of Inspector General, as
authorized by section 212 of the Department of Education Organization
Act, $35,456,000.
GENERAL PROVISIONS
Sec. 301. No funds appropriated in this Act may be used for the
transportation of students or teachers (or for the purchase of
equipment for such transportation) in order to overcome racial
imbalance in any school or school system, or for the transportation of
students or teachers (or for the purchase of equipment for such
transportation) in order to carry out a plan of racial desegregation of
any school or school system.
Sec. 302. None of the funds contained in this Act shall be used to
require, directly or indirectly, the transportation of any student to a
school other than the school which is nearest the student's home,
except for a student requiring special education, to the school
offering such special education, in order to comply with title VI of
the Civil Rights Act of 1964. For the purpose of this section an
indirect requirement of transportation of students includes the
transportation of students to carry out a plan involving the
reorganization of the grade structure of schools, the pairing of
schools, or the clustering of schools, or any combination of grade
restructuring, pairing or clustering. The prohibition described in this
section does not include the establishment of magnet schools.
Sec. 303. No funds appropriated under this Act may be used to
prevent the implementation of programs of voluntary prayer and
meditation in the public schools.
(transfer of funds)
Sec. 304. Not to exceed 1 percent of any discretionary funds
(pursuant to the Balanced Budget and Emergency Deficit Control Act of
1985, as amended) which are appropriated for the Department of
Education in this Act may be transferred between appropriations, but no
such appropriation shall be increased by more than 3 percent by any
such transfer: Provided, That the Appropriations Committees of both
Houses of Congress are notified at least 15 days in advance of any
transfer.
TITLE IV--RELATED AGENCIES
Armed Forces Retirement Home
armed forces retirement home
For expenses necessary for the Armed Forces Retirement Home to
operate and maintain the United States Soldiers' and Airmen's Home and
the United States Naval Home, to be paid from funds available in the
Armed Forces Retirement Home Trust Fund, $69,832,000, of which
$9,832,000 shall remain available until expended for construction and
renovation of the physical plants at the United States Soldiers' and
Airmen's Home and the United States Naval Home: Provided, That,
notwithstanding any other provision of law, a single contract or
related contracts for development and construction, to include
construction of a long-term care facility at the United States Naval
Home, may be employed which collectively include the full scope of the
project: Provided further, That the solicitation and contract shall
contain the clause ``availability of funds'' found at 48 CFR 52.232-18
and 252.232-7007, Limitation of Government Obligations. In addition,
for completion of the long-term care facility at the United States
Naval Home, $6,228,000 to become available on October 1, 2001, and
remain available until expended.
Corporation for National and Community Service
domestic volunteer service programs, operating expenses
For expenses necessary for the Corporation for National and
Community Service to carry out the provisions of the Domestic Volunteer
Service Act of 1973, as amended, $302,504,000: Provided, That none of
the funds made available to the Corporation for National and Community
Service in this Act for activities authorized by part E of title II of
the Domestic Volunteer Service Act of 1973 shall be used to provide
stipends or other monetary incentives to volunteers or volunteer
leaders whose incomes exceed 125 percent of the national poverty level.
Corporation for Public Broadcasting
For payment to the Corporation for Public Broadcasting, as
authorized by the Communications Act of 1934, an amount which shall be
available within limitations specified by that Act, for the fiscal year
2003, $365,000,000: Provided, That no funds made available to the
Corporation for Public Broadcasting by this Act shall be used to pay
for receptions, parties, or similar forms of entertainment for
Government officials or employees: Provided further, That none of the
funds contained in this paragraph shall be available or used to aid or
support any program or activity from which any person is excluded, or
is denied benefits, or is discriminated against, on the basis of race,
color, national origin, religion, or sex: Provided further, That in
addition to the amounts provided above, $20,000,000, to remain
available until expended, shall be for digitalization, pending
enactment of authorizing legislation.
Federal Mediation and Conciliation Service
salaries and expenses
For expenses necessary for the Federal Mediation and Conciliation
Service to carry out the functions vested in it by the Labor Management
Relations Act, 1947 (29 U.S.C. 171-180, 182-183), including hire of
passenger motor vehicles; for expenses necessary for the Labor-
Management Cooperation Act of 1978 (29 U.S.C. 175a); and for expenses
necessary for the Service to carry out the functions vested in it by
the Civil Service Reform Act, Public Law 95-454 (5 U.S.C. ch. 71),
$38,200,000, including $1,500,000, to remain available through
September 30, 2002, for activities authorized by the Labor-Management
Cooperation Act of 1978 (29 U.S.C. 175a): Provided, That
notwithstanding 31 U.S.C. 3302, fees charged, up to full-cost recovery,
for special training activities and other conflict resolution services
and technical assistance, including those provided to foreign
governments and international organizations, and for arbitration
services shall be credited to and merged with this account, and shall
remain available until expended: Provided further, That fees for
arbitration services shall be available only for education, training,
and professional development of the agency workforce: Provided further,
That the Director of the Service is authorized to accept and use on
behalf of the United States gifts of services and real, personal, or
other property in the aid of any projects or functions within the
Director's jurisdiction.
Federal Mine Safety and Health Review Commission
salaries and expenses
For expenses necessary for the Federal Mine Safety and Health
Review Commission (30 U.S.C. 801 et seq.), $6,320,000.
Institute of Museum and Library Services
office of library services: grants and administration
For carrying out subtitle B of the Museum and Library Services Act,
$168,000,000, to remain available until expended.
Medicare Payment Advisory Commission
salaries and expenses
For expenses necessary to carry out section 1805 of the Social
Security Act, $8,000,000, to be transferred to this appropriation from
the Federal Hospital Insurance and the Federal Supplementary Medical
Insurance Trust Funds.
National Commission on Libraries and Information Science
salaries and expenses
For necessary expenses for the National Commission on Libraries and
Information Science, established by the Act of July 20, 1970 (Public
Law 91-345, as amended), $1,495,000.
National Council on Disability
salaries and expenses
For expenses necessary for the National Council on Disability as
authorized by title IV of the Rehabilitation Act of 1973, as amended,
$2,615,000.
National Education Goals Panel
For expenses necessary for the National Education Goals Panel, as
authorized by title II, part A of the Goals 2000: Educate America Act,
$2,350,000.
National Labor Relations Board
salaries and expenses
For expenses necessary for the National Labor Relations Board to
carry out the functions vested in it by the Labor-Management Relations
Act, 1947, as amended (29 U.S.C. 141-167), and other laws,
$216,438,000: Provided, That no part of this appropriation shall be
available to organize or assist in organizing agricultural laborers or
used in connection with investigations, hearings, directives, or orders
concerning bargaining units composed of agricultural laborers as
referred to in section 2(3) of the Act of July 5, 1935 (29 U.S.C. 152),
and as amended by the Labor-Management Relations Act, 1947, as amended,
and as defined in section 3(f) of the Act of June 25, 1938 (29 U.S.C.
203), and including in said definition employees engaged in the
maintenance and operation of ditches, canals, reservoirs, and waterways
when maintained or operated on a mutual, nonprofit basis and at least
95 percent of the water stored or supplied thereby is used for farming
purposes.
National Mediation Board
salaries and expenses
For expenses necessary to carry out the provisions of the Railway
Labor Act, as amended (45 U.S.C. 151-188), including emergency boards
appointed by the President, $10,400,000.
Occupational Safety and Health Review Commission
salaries and expenses
For expenses necessary for the Occupational Safety and Health
Review Commission (29 U.S.C. 661), $8,720,000.
Railroad Retirement Board
dual benefits payments account
For payment to the Dual Benefits Payments Account, authorized under
section 15(d) of the Railroad Retirement Act of 1974, $160,000,000,
which shall include amounts becoming available in fiscal year 2001
pursuant to section 224(c)(1)(B) of Public Law 98-76; and in addition,
an amount, not to exceed 2 percent of the amount provided herein, shall
be available proportional to the amount by which the product of
recipients and the average benefit received exceeds $160,000,000:
Provided, That the total amount provided herein shall be credited in 12
approximately equal amounts on the first day of each month in the
fiscal year.
federal payments to the railroad retirement accounts
For payment to the accounts established in the Treasury for the
payment of benefits under the Railroad Retirement Act for interest
earned on unnegotiated checks, $150,000, to remain available through
September 30, 2002, which shall be the maximum amount available for
payment pursuant to section 417 of Public Law 98-76.
limitation on administration
For necessary expenses for the Railroad Retirement Board for
administration of the Railroad Retirement Act and the Railroad
Unemployment Insurance Act, $92,500,000, to be derived in such amounts
as determined by the Board from the railroad retirement accounts and
from moneys credited to the railroad unemployment insurance
administration fund.
limitation on the office of inspector general
For expenses necessary for the Office of Inspector General for
audit, investigatory and review activities, as authorized by the
Inspector General Act of 1978, as amended, not more than $5,700,000, to
be derived from the railroad retirement accounts and railroad
unemployment insurance account: Provided, That none of the funds made
available in any other paragraph of this Act may be transferred to the
Office; used to carry out any such transfer; used to provide any office
space, equipment, office supplies, communications facilities or
services, maintenance services, or administrative services for the
Office; used to pay any salary, benefit, or award for any personnel of
the Office; used to pay any other operating expense of the Office; or
used to reimburse the Office for any service provided, or expense
incurred, by the Office.
Social Security Administration
payments to social security trust funds
For payment to the Federal Old-Age and Survivors Insurance and the
Federal Disability Insurance trust funds, as provided under sections
201(m), 228(g), and 1131(b)(2) of the Social Security Act, $20,400,000.
special benefits for disabled coal miners
For carrying out title IV of the Federal Mine Safety and Health Act
of 1977, $365,748,000, to remain available until expended.
For making, after July 31 of the current fiscal year, benefit
payments to individuals under title IV of the Federal Mine Safety and
Health Act of 1977, for costs incurred in the current fiscal year, such
amounts as may be necessary.
For making benefit payments under title IV of the Federal Mine
Safety and Health Act of 1977 for the first quarter of fiscal year
2002, $114,000,000, to remain available until expended.
supplemental security income program
For carrying out titles XI and XVI of the Social Security Act,
section 401 of Public Law 92-603, section 212 of Public Law 93-66, as
amended, and section 405 of Public Law 95-216, including payment to the
Social Security trust funds for administrative expenses incurred
pursuant to section 201(g)(1) of the Social Security Act,
$23,053,000,000, to remain available until expended: Provided, That any
portion of the funds provided to a State in the current fiscal year and
not obligated by the State during that year shall be returned to the
Treasury.
From funds provided under the previous paragraph, not less than
$100,000,000 shall be available for payment to the Social Security
trust funds for administrative expenses for conducting continuing
disability reviews.
In addition, $210,000,000, to remain available until September 30,
2002, for payment to the Social Security trust funds for administrative
expenses for continuing disability reviews as authorized by section 103
of Public Law 104-121 and section 10203 of Public Law 105-33. The term
``continuing disability reviews'' means reviews and redeterminations as
defined under section 201(g)(1)(A) of the Social Security Act, as
amended.
For making, after June 15 of the current fiscal year, benefit
payments to individuals under title XVI of the Social Security Act, for
unanticipated costs incurred for the current fiscal year, such sums as
may be necessary.
For making benefit payments under title XVI of the Social Security
Act for the first quarter of fiscal year 2002, $10,470,000,000, to
remain available until expended.
limitation on administrative expenses
For necessary expenses, including the hire of two passenger motor
vehicles, and not to exceed $10,000 for official reception and
representation expenses, not more than $6,469,800,000 may be expended,
as authorized by section 201(g)(1) of the Social Security Act, from any
one or all of the trust funds referred to therein: Provided, That not
less than $1,800,000 shall be for the Social Security Advisory Board:
Provided further, That unobligated balances at the end of fiscal year
2001 not needed for fiscal year 2001 shall remain available until
expended to invest in the Social Security Administration information
technology and telecommunications hardware and software infrastructure,
including related equipment and non-payroll administrative expenses
From funds provided under the first paragraph, not less than
$200,000,000 shall be available for conducting continuing disability
reviews.
In addition to funding already available under this heading, and
subject to the same terms and conditions, $450,000,000, to remain
available until September 30, 2002, for continuing disability reviews
as authorized by section 103 of Public Law 104-121 and section 10203 of
Public Law 105-33. The term ``continuing disability reviews'' means
reviews and redeterminations as defined under section 201(g)(1)(A) of
the Social Security Act, as amended.
In addition, $91,000,000 to be derived from administration fees in
excess of $5.00 per supplementary payment collected pursuant to section
1616(d) of the Social Security Act or section 212(b)(3) of Public Law
93-66, which shall remain available until expended. To the extent that
the amounts collected pursuant to such section 1616(d) or 212(b)(3) in
fiscal year 2001 exceed $91,000,000, the amounts shall be available in
fiscal year 2002 only to the extent provided in advance in
appropriations Acts.
From funds previously appropriated for this purpose, any
unobligated balances at the end of fiscal year 2000 shall be available
to continue Federal-State partnerships which will evaluate means to
promote Medicare buy-in programs targeted to elderly and disabled
individuals under titles XVIII and XIX of the Social Security Act.
office of inspector general
(including transfer of funds)
For expenses necessary for the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978, as
amended, $16,944,000, together with not to exceed $52,500,000, to be
transferred and expended as authorized by section 201(g)(1) of the
Social Security Act from the Federal Old-Age and Survivors Insurance
Trust Fund and the Federal Disability Insurance Trust Fund.
In addition, an amount not to exceed 3 percent of the total
provided in this appropriation may be transferred from the ``Limitation
on Administrative Expenses'', Social Security Administration, to be
merged with this account, to be available for the time and purposes for
which this account is available: Provided, That notice of such
transfers shall be transmitted promptly to the Committees on
Appropriations of the House and Senate.
United States Institute of Peace
operating expenses
For necessary expenses of the United States Institute of Peace as
authorized in the United States Institute of Peace Act, $12,951,000.
TITLE V--GENERAL PROVISIONS
Sec. 501. The Secretaries of Labor, Health and Human Services, and
Education are authorized to transfer unexpended balances of prior
appropriations to accounts corresponding to current appropriations
provided in this Act: Provided, That such transferred balances are used
for the same purpose, and for the same periods of time, for which they
were originally appropriated.
Sec. 502. No part of any appropriation contained in this Act shall
remain available for obligation beyond the current fiscal year unless
expressly so provided herein.
Sec. 503. (a) No part of any appropriation contained in this Act
shall be used, other than for normal and recognized executive-
legislative relationships, for publicity or propaganda purposes, for
the preparation, distribution, or use of any kit, pamphlet, booklet,
publication, radio, television, or video presentation designed to
support or defeat legislation pending before the Congress or any State
legislature, except in presentation to the Congress or any State
legislature itself.
(b) No part of any appropriation contained in this Act shall be
used to pay the salary or expenses of any grant or contract recipient,
or agent acting for such recipient, related to any activity designed to
influence legislation or appropriations pending before the Congress or
any State legislature.
Sec. 504. The Secretaries of Labor and Education are authorized to
make available not to exceed $20,000 and $15,000, respectively, from
funds available for salaries and expenses under titles I and III,
respectively, for official reception and representation expenses; the
Director of the Federal Mediation and Conciliation Service is
authorized to make available for official reception and representation
expenses not to exceed $2,500 from the funds available for ``Salaries
and expenses, Federal Mediation and Conciliation Service''; and the
Chairman of the National Mediation Board is authorized to make
available for official reception and representation expenses not to
exceed $2,500 from funds available for ``Salaries and expenses,
National Mediation Board''.
Sec. 505. Notwithstanding any other provision of this Act, no funds
appropriated under this Act shall be used to carry out any program of
distributing sterile needles or syringes for the hypodermic injection
of any illegal drug unless the Secretary of Health and Human Services
determines that such programs are effective in preventing the spread of
HIV and do not encourage the use of illegal drugs.
Sec. 506. (a) Purchase of American-Made Equipment and Products.--It
is the sense of the Congress that, to the greatest extent practicable,
all equipment and products purchased with funds made available in this
Act should be American-made.
(b) Notice Requirement.--In providing financial assistance to, or
entering into any contract with, any entity using funds made available
in this Act, the head of each Federal agency, to the greatest extent
practicable, shall provide to such entity a notice describing the
statement made in subsection (a) by the Congress.
(c) Prohibition of Contracts With Persons Falsely Labeling Products
as Made in America.--If it has been finally determined by a court or
Federal agency that any person intentionally affixed a label bearing a
``Made in America'' inscription, or any inscription with the same
meaning, to any product sold in or shipped to the United States that is
not made in the United States, the person shall be ineligible to
receive any contract or subcontract made with funds made available in
this Act, pursuant to the debarment, suspension, and ineligibility
procedures described in sections 9.400 through 9.409 of title 48, Code
of Federal Regulations.
Sec. 507. When issuing statements, press releases, requests for
proposals, bid solicitations and other documents describing projects or
programs funded in whole or in part with Federal money, all grantees
receiving Federal funds included in this Act, including but not limited
to State and local governments and recipients of Federal research
grants, shall clearly state: (1) the percentage of the total costs of
the program or project which will be financed with Federal money; (2)
the dollar amount of Federal funds for the project or program; and (3)
percentage and dollar amount of the total costs of the project or
program that will be financed by non-governmental sources.
Sec. 508. (a) None of the funds appropriated under this Act, and
none of the funds in any trust fund to which funds are appropriated
under this Act, shall be expended for any abortion.
(b) None of the funds appropriated under this Act, and none of the
funds in any trust fund to which funds are appropriated under this Act,
shall be expended for health benefits coverage that includes coverage
of abortion.
(c) The term ``health benefits coverage'' means the package of
services covered by a managed care provider or organization pursuant to
a contract or other arrangement.
Sec. 509. (a) The limitations established in the preceding section
shall not apply to an abortion--
(1) if the pregnancy is the result of an act of rape or
incest; or
(2) in the case where a woman suffers from a physical
disorder, physical injury, or physical illness, including a
life-endangering physical condition caused by or arising from
the pregnancy itself, that would, as certified by a physician,
place the woman in danger of death unless an abortion is
performed.
(b) Nothing in the preceding section shall be construed as
prohibiting the expenditure by a State, locality, entity, or private
person of State, local, or private funds (other than a State's or
locality's contribution of Medicaid matching funds).
(c) Nothing in the preceding section shall be construed as
restricting the ability of any managed care provider from offering
abortion coverage or the ability of a State or locality to contract
separately with such a provider for such coverage with State funds
(other than a State's or locality's contribution of Medicaid matching
funds).
Sec. 510. (a) None of the funds made available in this Act may be
used for--
(1) the creation of a human embryo or embryos for research
purposes; or
(2) research in which a human embryo or embryos are
destroyed, discarded, or knowingly subjected to risk of injury
or death greater than that allowed for research on fetuses in
utero under 45 CFR 46.208(a)(2) and section 498(b) of the
Public Health Service Act (42 U.S.C. 289g(b)).
(b) For purposes of this section, the term ``human embryo or
embryos'' includes any organism, not protected as a human subject under
45 CFR 46 as of the date of the enactment of this Act, that is derived
by fertilization, parthenogenesis, cloning, or any other means from one
or more human gametes or human diploid cells.
Sec. 511. (a) Limitation on Use of Funds for Promotion of
Legalization of Controlled Substances.--None of the funds made
available in this Act may be used for any activity that promotes the
legalization of any drug or other substance included in schedule I of
the schedules of controlled substances established by section 202 of
the Controlled Substances Act (21 U.S.C. 812).
(b) Exceptions.--The limitation in subsection (a) shall not apply
when there is significant medical evidence of a therapeutic advantage
to the use of such drug or other substance or that federally sponsored
clinical trials are being conducted to determine therapeutic advantage.
Sec. 512. None of the funds made available in this Act may be
obligated or expended to enter into or renew a contract with an entity
if--
(1) such entity is otherwise a contractor with the United
States and is subject to the requirement in section 4212(d) of
title 38, United States Code, regarding submission of an annual
report to the Secretary of Labor concerning employment of
certain veterans; and
(2) such entity has not submitted a report as required by
that section for the most recent year for which such
requirement was applicable to such entity.
Sec. 513. Except as otherwise specifically provided by law,
unobligated balances remaining available at the end of fiscal year 2000
from appropriations made available for salaries and expenses for fiscal
year 2000 in this Act, shall remain available through December 31,
2001, for each such account for the purposes authorized: Provided, That
the House and Senate Committees on Appropriations shall be notified at
least 15 days prior to the obligation of such funds.
Sec. 514. None of the funds made available in this Act may be used
to promulgate or adopt any final standard under section 1173(b) of the
Social Security Act (42 U.S.C. 1320d-2(b)) providing for, or providing
for the assignment of, a unique health identifier for an individual
(except in an individual's capacity as an employer or a health care
provider), until legislation is enacted specifically approving the
standard.
Sec. 515. Restoring Benefit Payments to Appropriate Year. Section
5527 of Public Law 105-33 is repealed.
Sec. 516. Section 410(b) of The Ticket to Work and Work Incentives
Improvement Act of 1999 (Public Law 106-170) is amended by striking
``2009'' both places it appears and inserting ``2001''.
This Act may be cited as the ``Departments of Labor, Health and
Human Services, and Education, and Related Agencies Appropriations Act,
2001''.
Calendar No. 547
106th CONGRESS
2d Session
S. 2553
[Report No. 106-293]
_______________________________________________________________________
A BILL
Making appropriations for the Departments of Labor, Health and Human
Services, and Education, and related agencies for the fiscal year
ending September 30, 2001, and for other purposes.
_______________________________________________________________________
May 12, 2000
Read twice and placed on the calendar