public law 106–554 106th congress an actpublic law 106–554—dec. 21, 2000 114 stat. 2763 * see...

114 STAT. 2763PUBLIC LAW 106–554—DEC. 21, 2000

* See Endnote on 114 Stat. 2764.

*Public Law 106–554106th Congress

An ActMaking consolidated appropriations for the fiscal year ending September 30, 2001,

and for other purposes.

Be it enacted by the Senate and House of Representatives ofthe United States of America in Congress assembled,

SECTION 1. (a) The provisions of the following bills of the106th Congress are hereby enacted into law:

(1) H.R. 5656, as introduced on December 14, 2000.(2) H.R. 5657, as introduced on December 14, 2000.(3) H.R. 5658, as introduced on December 14, 2000.(4) H.R. 5666, as introduced on December 15, 2000, except

that the text of H.R. 5666, as so enacted, shall not includesection 123 (relating to the enactment of H.R. 4904).

(5) H.R. 5660, as introduced on December 14, 2000.(6) H.R. 5661, as introduced on December 14, 2000.(7) H.R. 5662, as introduced on December 14, 2000.(8) H.R. 5663, as introduced on December 14, 2000.(9) H.R. 5667, as introduced on December 15, 2000.

(b) In publishing this Act in slip form and in the UnitedStates Statutes at Large pursuant to section 112 of title 1, UnitedStates Code, the Archivist of the United States shall include afterthe date of approval at the end appendixes setting forth the textsof the bills referred to in subsection (a) of this section and thetext of any other bill enacted into law by reference by reasonof the enactment of this Act.

SEC. 2. (a) Notwithstanding Rule 3 of the Budget ScorekeepingGuidelines set forth in the joint explanatory statement of thecommittee of conference accompanying Conference Report 105–217,legislation enacted in section 505 of the Department of Transpor-tation and Related Agencies Appropriations Act, 2001, section 312of the Legislative Branch Appropriations Act, 2001, titles X andXI of H.R. 5548 (106th Congress) as enacted by H.R. 4942 (106thCongress), division B of H.R. 5666 (106th Congress) as enactedby this Act, and sections 1(a)(5) through 1(a)(9) of this Act thatwould have been estimated by the Office of Management and Budgetas changing direct spending or receipts under section 252 of theBalanced Budget and Emergency Deficit Control Act of 1985 wereit included in an Act other than an appropriations Act shall betreated as direct spending or receipts legislation, as appropriate,under section 252 of the Balanced Budget and Emergency DeficitControl Act of 1985.

(b) In preparing the final sequestration report required bysection 254(f )(3) of the Balanced Budget and Emergency DeficitControl Act of 1985 for fiscal year 2001, in addition to the informa-tion required by that section, the Director of the Office of Manage-ment and Budget shall change any balance of direct spending

Publication.1 USC 112 note.

Incorporation byreference.

ConsolidatedAppropriationsAct, 2001.

Dec. 21, 2000

[H.R. 4577]

VerDate 27-APR-2000 09:11 Feb 16, 2001 Jkt 089139 PO 00000 Frm 00001 Fmt 9791 Sfmt 6581 W:\PUBLAW\PUBL554.106 ofrpc45 PsN: ofrpc45

114 STAT. 2764 PUBLIC LAW 106–554—DEC. 21, 2000

LEGISLATIVE HISTORY—H.R. 4577 (S. 2553):HOUSE REPORTS: Nos. 106–645 (Comm. on Appropriations) and 106–1033 (Comm.

of Conference).SENATE REPORTS: No. 106–293 accompanying S. 2553 (Comm. on Appropria-

tions).CONGRESSIONAL RECORD, Vol. 146 (2000):

June 8, 12–14, considered and passed House.June 22, 23, 26–30, considered and passed Senate, amended.Dec. 15, House and Senate agreed to conference report.

WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 36 (2000):Dec. 21, Presidential remarks and statement.

*ENDNOTE: The following appendixes were added pursuant to the provisions of section 1of this Act (114 Stat. 2763).

Æ

and receipts legislation for fiscal year 2001 under section 252 ofthat Act to zero.

(c) This Act may be cited as the ‘‘Consolidated AppropriationsAct, 2001’’.

Approved December 21, 2000.


114 STAT. 2763A–1PUBLIC LAW 106–554—APPENDIX

TABLE OF CONTENTS

The table of contents is as follows:

APPENDIX A—H.R. 5656

APPENDIX B—H.R. 5657

APPENDIX C—H.R. 5658

APPENDIX D—H.R. 5666

APPENDIX D–1—S. 2273

APPENDIX D–2—S. 2885

APPENDIX E—H.R. 5660

APPENDIX F—H.R. 5661

APPENDIX G—H.R. 5662

APPENDIX H—H.R. 5663

APPENDIX I—H.R. 5667


114 STAT. 2763A–3PUBLIC LAW 106–554—APPENDIX A

APPENDIX A—H.R. 5656

That the following sums are appropriated, out of any money inthe Treasury not otherwise appropriated, for the Departments ofLabor, Health and Human Services, and Education, and relatedagencies for the fiscal year ending September 30, 2001, and forother 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, theconstruction, alteration, and repair of buildings and other facilities,and the purchase of real property for training centers as authorizedby the Workforce Investment Act; the Women in Apprenticeshipand Nontraditional Occupations Act; and the National Skill Stand-ards Act of 1994; $3,207,805,000 plus reimbursements, of which$1,808,465,000 is available for obligation for the period July 1,2001 through June 30, 2002; of which $1,377,965,000 is availablefor obligation for the period April 1, 2001 through June 30, 2002,including $1,102,965,000 to carry out chapter 4 of the WorkforceInvestment Act and $275,000,000 to carry out section 169 of suchAct; and of which $20,375,000 is available for the period July1, 2001 through June 30, 2004 for necessary expenses of construc-tion, rehabilitation, and acquisition of Job Corps centers: Provided,That $9,098,000 shall be for carrying out section 172 of theWorkforce Investment Act, and $3,500,000 shall be for carryingout the National Skills Standards Act of 1994: Provided further,That no funds from any other appropriation shall be used to providemeal services at or for Job Corps centers: Provided further, Thatfunds provided to carry out section 171(d) of such Act may beused for demonstration projects that provide assistance to newentrants in the workforce and incumbent workers: Provided further,That funding provided to carry out projects under section 171of the Workforce Investment Act of 1998 that are identified inthe Conference Agreement, shall not be subject to the requirementsof section 171(b)(2)(B) of such Act, the requirements of section171(c)(4)(D) of such Act, or the joint funding requirements of sec-tions 171(b)(2)(A) and 171(c)(4)(A) of such Act: Provided further,That funding appropriated herein for Dislocated Worker Employ-ment and Training Activities under section 132(a)(2)(A) of theWorkforce Investment Act of 1998 may be distributed for DislocatedWorker Projects under section 171(d) of the Act without regardto the 10 percent limitation contained in section 171(d) of the


114 STAT. 2763A–4 PUBLIC LAW 106–554—APPENDIX A

Act: Provided further, That of the funds made available for JobCorps operating expenses in the Department of Labor Appropria-tions Act, 2000, as enacted by section 1000(a)(4) of Public Law106–113, $586,487 shall be paid to the city of Vergennes, Vermontin settlement of the city’s claim: Provided further, That $4,600,000provided herein for dislocated worker employment and trainingactivities shall be made available to the New Mexico Telecommuni-cations Call Center Training Consortium for training in tele-communications-related occupations.

For necessary expenses of the Workforce Investment Act,including the purchase and hire of passenger motor vehicles, theconstruction, alteration, and repair of buildings and other facilities,and the purchase of real property for training centers as authorizedby the Workforce Investment Act; $2,463,000,000 plus reimburse-ments, of which $2,363,000,000 is available for obligation for theperiod October 1, 2001 through June 30, 2002, and of which$100,000,000 is available for the period October 1, 2001 throughJune 30, 2004, for necessary expenses of construction, rehabilitation,and acquisition of Job Corps centers.

COMMUNITY SERVICE EMPLOYMENT FOR OLDER AMERICANS

To carry out title V of the Older Americans Act of 1965, asamended, $440,200,000.

FEDERAL UNEMPLOYMENT BENEFITS AND ALLOWANCES

For payments during the current fiscal year of trade adjustmentbenefit payments and allowances under part I; and for training,allowances for job search and relocation, and related State adminis-trative expenses under part II, subchapters B and D, chapter 2,title II of the Trade Act of 1974, as amended, $406,550,000, togetherwith such amounts as may be necessary to be charged to thesubsequent appropriation for payments for any period subsequentto September 15 of the current year.

STATE UNEMPLOYMENT INSURANCE AND EMPLOYMENT SERVICEOPERATIONS

For authorized administrative expenses, $193,452,000, togetherwith not to exceed $3,172,246,000 (including not to exceed$1,228,000 which may be used for amortization payments to Stateswhich had independent retirement plans in their State employmentservice agencies prior to 1980), which may be expended from theEmployment Security Administration account in the UnemploymentTrust Fund including the cost of administering section 51 of theInternal Revenue Code of 1986, as amended, section 7(d) of theWagner-Peyser Act, as amended, the Trade Act of 1974, as amended,the Immigration Act of 1990, and the Immigration and NationalityAct, as amended, and of which the sums available in the allocationfor activities authorized by title III of the Social Security Act,as amended (42 U.S.C. 502–504), and the sums available in theallocation for necessary administrative expenses for carrying out5 U.S.C. 8501–8523, shall be available for obligation by the Statesthrough December 31, 2001, except that funds used for automationacquisitions shall be available for obligation by the States throughSeptember 30, 2003; and of which $193,452,000, together withnot to exceed $773,283,000 of the amount which may be expended



from said trust fund, shall be available for obligation for the periodJuly 1, 2001 through June 30, 2002, to fund activities under theAct of June 6, 1933, as amended, including the cost of penaltymail authorized under 39 U.S.C. 3202(a)(1)(E) made available toStates in lieu of allotments for such purpose: Provided, That tothe extent that the Average Weekly Insured Unemployment (AWIU)for fiscal year 2001 is projected by the Department of Labor toexceed 2,396,000, an additional $28,600,000 shall be available forobligation for every 100,000 increase in the AWIU level (includinga pro rata amount for any increment less than 100,000) fromthe Employment Security Administration Account of the Unemploy-ment Trust Fund: Provided further, That funds appropriated inthis Act which are used to establish a national one-stop careercenter system, or which are used to support the national activitiesof the Federal-State unemployment insurance programs, may beobligated in contracts, grants, or agreements with non-State enti-ties: Provided further, That funds appropriated under this Act foractivities authorized under the Wagner-Peyser Act, as amended,and title III of the Social Security Act, may be used by the Statesto fund integrated Employment Service and Unemployment Insur-ance automation efforts, notwithstanding cost allocation principlesprescribed 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 asauthorized by sections 905(d) and 1203 of the Social Security Act,as amended, and to the Black Lung Disability Trust Fund asauthorized by section 9501(c)(1) of the Internal Revenue Code of1954, as amended; and for nonrepayable advances to the Unemploy-ment Trust Fund as authorized by section 8509 of title 5, UnitedStates Code, and to the ‘‘Federal unemployment benefits and allow-ances’’ account, to remain available until September 30, 2002,$435,000,000.

In addition, for making repayable advances to the Black LungDisability Trust Fund in the current fiscal year after September15, 2001, for costs incurred by the Black Lung Disability TrustFund in the current fiscal year, such sums as may be necessary.

PROGRAM ADMINISTRATION

For expenses of administering employment and training pro-grams, $110,651,000, including $6,431,000 to support up to 75full-time equivalent staff, the majority of which will be term Federalappointments lasting no more than 1 year, to administer welfare-to-work grants, together with not to exceed $48,507,000, whichmay be expended from the Employment Security Administrationaccount in the Unemployment Trust Fund.

PENSION AND WELFARE BENEFITS ADMINISTRATION

SALARIES AND EXPENSES

For necessary expenses for the Pension and Welfare BenefitsAdministration, $107,832,000.



PENSION BENEFIT GUARANTY CORPORATION

PENSION BENEFIT GUARANTY CORPORATION FUND

The Pension Benefit Guaranty Corporation is authorized tomake such expenditures, including financial assistance authorizedby section 104 of Public Law 96–364, within limits of funds andborrowing authority available to such Corporation, and in accordwith law, and to make such contracts and commitments withoutregard to fiscal year limitations as provided by section 104 ofthe Government Corporation Control Act, as amended (31 U.S.C.9104), as may be necessary in carrying out the program throughSeptember 30, 2001, for such Corporation: Provided, That not toexceed $11,652,000 shall be available for administrative expensesof the Corporation: Provided further, That expenses of such Corpora-tion in connection with the termination of pension plans, for theacquisition, protection or management, and investment of trustassets, and for benefits administration services shall be consideredas nonadministrative expenses for the purposes hereof, and excludedfrom the above limitation.

EMPLOYMENT STANDARDS ADMINISTRATION


For necessary expenses for the Employment StandardsAdministration, including reimbursement to State, Federal, andlocal agencies and their employees for inspection services rendered,$361,491,000, together with $1,985,000 which may be expendedfrom the Special Fund in accordance with sections 39(c), 44(d),and 44( j) of the Longshore and Harbor Workers’ CompensationAct: Provided, That $2,000,000 shall be for the development ofan alternative system for the electronic submission of reportsrequired to be filed under the Labor-Management Reporting andDisclosure Act of 1959, as amended, and for a computer databaseof the information for each submission by whatever means, thatis indexed and easily searchable by the public via the Internet:Provided further, That the Secretary of Labor is authorized toaccept, retain, and spend, until expended, in the name of theDepartment of Labor, all sums of money ordered to be paid tothe Secretary of Labor, in accordance with the terms of the ConsentJudgment in Civil Action No. 91–0027 of the United States DistrictCourt for the District of the Northern Mariana Islands (May 21,1992): Provided further, That the Secretary of Labor is authorizedto establish and, in accordance with 31 U.S.C. 3302, collect anddeposit in the Treasury fees for processing applications and issuingcertificates under sections 11(d) and 14 of the Fair Labor StandardsAct of 1938, as amended (29 U.S.C. 211(d) and 214) and for process-ing applications and issuing registrations under title I of theMigrant 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 orany prior fiscal year authorized by title 5, chapter 81 of the United



States Code; continuation of benefits as provided for under theheading ‘‘Civilian War Benefits’’ in the Federal Security AgencyAppropriation Act, 1947; the Employees’ Compensation CommissionAppropriation Act, 1944; sections 4(c) and 5(f ) of the War ClaimsAct of 1948 (50 U.S.C. App. 2012); and 50 percent of the additionalcompensation and benefits required by section 10(h) of theLongshore and Harbor Workers’ Compensation Act, as amended,$56,000,000 together with such amounts as may be necessary tobe charged to the subsequent year appropriation for the paymentof compensation and other benefits for any period subsequent toAugust 15 of the current year: Provided, That amounts appropriatedmay be used under section 8104 of title 5, United States Code,by the Secretary of Labor to reimburse an employer, who is notthe employer at the time of injury, for portions of the salary ofa reemployed, disabled beneficiary: Provided further, That balancesof reimbursements unobligated on September 30, 2000, shall remainavailable until expended for the payment of compensation, benefits,and expenses: Provided further, That in addition there shall betransferred to this appropriation from the Postal Service and fromany other corporation or instrumentality required under section8147(c) of title 5, United States Code, to pay an amount for itsfair share of the cost of administration, such sums as the Secretarydetermines to be the cost of administration for employees of suchfair share entities through September 30, 2001: Provided further,That of those funds transferred to this account from the fair shareentities to pay the cost of administration, $34,910,000 shall bemade available to the Secretary as follows: (1) for the operationof and enhancement to the automated data processing systems,including document imaging, medical bill review, and periodic rollmanagement, in support of Federal Employees’ Compensation Actadministration, $23,371,000; (2) for conversion to a paperless office,$7,005,000; (3) for communications redesign, $1,750,000; (4) forinformation technology maintenance and support, $2,784,000; and(5) the remaining funds shall be paid into the Treasury as mis-cellaneous receipts: Provided further, That the Secretary mayrequire that any person filing a notice of injury or a claim forbenefits under chapter 81 of title 5, United States Code, or 33U.S.C. 901 et seq., provide as part of such notice and claim, suchidentifying information (including Social Security account number)as such regulations may prescribe.

BLACK LUNG DISABILITY TRUST FUND


For payments from the Black Lung Disability Trust Fund,$1,028,000,000, of which $975,343,000 shall be available untilSeptember 30, 2002, for payment of all benefits as authorizedby section 9501(d)(1), (2), (4), and (7) of the Internal RevenueCode of 1954, as amended, and interest on advances as authorizedby section 9501(c)(2) of that Act, and of which $30,393,000 shallbe available for transfer to Employment Standards Administration,Salaries and Expenses, $21,590,000 for transfer to DepartmentalManagement, Salaries and Expenses, $318,000 for transfer toDepartmental Management, Office of Inspector General, and$356,000 for payment into miscellaneous receipts for the expensesof the Department of the Treasury, for expenses of operation andadministration of the Black Lung Benefits program as authorized



by section 9501(d)(5) of that Act: Provided, That, in addition, suchamounts as may be necessary may be charged to the subsequentyear appropriation for the payment of compensation, interest, orother benefits for any period subsequent to August 15 of the currentyear.

OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION


For necessary expenses for the Occupational Safety and HealthAdministration, $425,983,000, including not to exceed $88,493,000which shall be the maximum amount available for grants to Statesunder section 23(g) of the Occupational Safety and Health Act,which grants shall be no less than 50 percent of the costs ofState occupational safety and health programs required to beincurred under plans approved by the Secretary under section 18of the Occupational Safety and Health Act of 1970; and, in addition,notwithstanding 31 U.S.C. 3302, the Occupational Safety andHealth Administration may retain up to $750,000 per fiscal yearof training institute course tuition fees, otherwise authorized bylaw to be collected, and may utilize such sums for occupationalsafety and health training and education grants: Provided, That,notwithstanding 31 U.S.C. 3302, the Secretary of Labor is author-ized, during the fiscal year ending September 30, 2001, to collectand retain fees for services provided to Nationally Recognized Test-ing Laboratories, and may utilize such sums, in accordance withthe provisions of 29 U.S.C. 9a, to administer national and inter-national laboratory recognition programs that ensure the safetyof equipment and products used by workers in the workplace:Provided further, That none of the funds appropriated under thisparagraph shall be obligated or expended to prescribe, issue, admin-ister, or enforce any standard, rule, regulation, or order underthe Occupational Safety and Health Act of 1970 which is applicableto any person who is engaged in a farming operation which doesnot maintain a temporary labor camp and employs 10 or feweremployees: Provided further, That no funds appropriated underthis paragraph shall be obligated or expended to administer orenforce any standard, rule, regulation, or order under the Occupa-tional Safety and Health Act of 1970 with respect to any employerof 10 or fewer employees who is included within a category havingan occupational injury lost workday case rate, at the most preciseStandard Industrial Classification Code for which such data arepublished, less than the national average rate as such rates aremost recently published by the Secretary, acting through the Bureauof Labor Statistics, in accordance with section 24 of that Act (29U.S.C. 673), except—

(1) to provide, as authorized by such Act, consultation,technical assistance, educational and training services, and toconduct surveys and studies;

(2) to conduct an inspection or investigation in responseto an employee complaint, to issue a citation for violationsfound during such inspection, and to assess a penalty for viola-tions which are not corrected within a reasonable abatementperiod and for any willful violations found;

(3) to take any action authorized by such Act with respectto imminent dangers;



(4) to take any action authorized by such Act with respectto health hazards;

(5) to take any action authorized by such Act with respectto a report of an employment accident which is fatal to oneor more employees or which results in hospitalization of twoor more employees, and to take any action pursuant to suchinvestigation authorized by such Act; and

(6) to take any action authorized by such Act with respectto complaints of discrimination against employees for exercisingrights under such Act:

Provided further, That the foregoing proviso shall not apply toany person who is engaged in a farming operation which doesnot maintain a temporary labor camp and employs 10 or feweremployees.

MINE SAFETY AND HEALTH ADMINISTRATION


For necessary expenses for the Mine Safety and HealthAdministration, $246,747,000, including purchase and bestowal ofcertificates and trophies in connection with mine rescue and first-aid work, and the hire of passenger motor vehicles; including upto $1,000,000 for mine rescue and recovery activities, which shallbe available only to the extent that fiscal year 2001 obligationsfor these activities exceed $1,000,000; in addition, not to exceed$750,000 may be collected by the National Mine Health and SafetyAcademy for room, board, tuition, and the sale of training materials,otherwise authorized by law to be collected, to be available formine safety and health education and training activities, notwith-standing 31 U.S.C. 3302; and, in addition, the Mine Safety andHealth Administration may retain up to $1,000,000 from fees col-lected for the approval and certification of equipment, materials,and explosives for use in mines, and may utilize such sums forsuch activities; the Secretary is authorized to accept lands, build-ings, equipment, and other contributions from public and privatesources and to prosecute projects in cooperation with other agencies,Federal, State, or private; the Mine Safety and Health Administra-tion is authorized to promote health and safety education andtraining in the mining community through cooperative programswith States, industry, and safety associations; and any funds avail-able to the department may be used, with the approval of theSecretary, to provide for the costs of mine rescue and survivaloperations in the event of a major disaster.

BUREAU OF LABOR STATISTICS


For necessary expenses for the Bureau of Labor Statistics,including advances or reimbursements to State, Federal, and localagencies and their employees for services rendered, $374,327,000,together with not to exceed $67,257,000, which may be expendedfrom the Employment Security Administration account in theUnemployment Trust Fund; and $10,000,000 which shall be avail-able for obligation for the period July 1, 2001 through June 30,2002, for Occupational Employment Statistics.



DEPARTMENTAL MANAGEMENT


For necessary expenses for Departmental Management, includ-ing the hire of three sedans, and including the management oroperation, through contracts, grants, or other arrangements ofDepartmental bilateral and multilateral foreign technical assist-ance, of which the funds designated to carry out bilateral assistanceunder the international child labor initiative shall be availablefor obligation through September 30, 2002, and $37,000,000 forthe acquisition of Departmental information technology, architec-ture, infrastructure, equipment, software, and related needs whichwill be allocated by the Department’s Chief Information Officerin accordance with the Department’s capital investment manage-ment process to assure a sound investment strategy, $380,529,000;together with not to exceed $310,000, which may be expendedfrom the Employment Security Administration account in theUnemployment Trust Fund: Provided, That no funds made availableby this Act may be used by the Solicitor of Labor to participatein a review in any United States court of appeals of any decisionmade by the Benefits Review Board under section 21 of theLongshore and Harbor Workers’ Compensation Act (33 U.S.C. 921)where such participation is precluded by the decision of the UnitedStates Supreme Court in Director, Office of Workers’ CompensationPrograms v. Newport News Shipbuilding, 115 S. Ct. 1278 (1995),notwithstanding any provisions to the contrary contained in Rule15 of the Federal Rules of Appellate Procedure: Provided further,That no funds made available by this Act may be used by theSecretary of Labor to review a decision under the Longshore andHarbor Workers’ Compensation Act (33 U.S.C. 901 et seq.) thathas been appealed and that has been pending before the BenefitsReview Board for more than 12 months: Provided further, Thatany such decision pending a review by the Benefits Review Boardfor more than 1 year shall be considered affirmed by the BenefitsReview Board on the 1-year anniversary of the filing of the appeal,and shall be considered the final order of the Board for purposesof obtaining a review in the United States courts of appeals: Pro-vided further, That these provisions shall not be applicable to thereview or appeal of any decision issued under the Black LungBenefits Act (30 U.S.C. 901 et seq.): Provided further, That begin-ning in fiscal year 2001, there is established in the Departmentof 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 theobjective of eliminating barriers to the training and employmentof people with disabilities. Such office shall be headed by an Assist-ant Secretary: Provided further, That of amounts provided underthis 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 Employ-ment Security Administration account in the Unemployment TrustFund to carry out the provisions of 38 U.S.C. 4100–4110A, 4212,4214, and 4321–4327, and Public Law 103–353, and which shallbe 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,$24,800,000, of which $7,300,000 shall be available for obligationfor the period July 1, 2001 through June 30, 2002.

OFFICE OF INSPECTOR GENERAL

For salaries and expenses of the Office of Inspector Generalin carrying out the provisions of the Inspector General Act of1978, as amended, $50,015,000, together with not to exceed$4,770,000, which may be expended from the Employment SecurityAdministration account in the Unemployment Trust Fund.

GENERAL PROVISIONS

SEC. 101. None of the funds appropriated in this title forthe Job Corps shall be used to pay the compensation of an individ-ual, 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 ControlAct of 1985, as amended) which are appropriated for the currentfiscal year for the Department of Labor in this Act may be trans-ferred between appropriations, but no such appropriation shall beincreased by more than 3 percent by any such transfer: Provided,That the Appropriations Committees of both Houses of Congressare notified at least 15 days in advance of any transfer.

SEC. 103. Section 403(a)(5)(C)(viii) of the Social Security Act(42 U.S.C. 603(a)(5)(C)(viii)) (as amended by section 801(b)(1)(A)of the Departments of Labor, Health and Human Services, andEducation, and Related Agencies Appropriations Act, 2000 (asenacted into law by section 1000(a)(4) of Public Law 106–113))is amended by striking ‘‘3 years’’ and inserting ‘‘5 years’’.

SEC. 104. No funds appropriated in this Act or any otherAct making appropriations for fiscal year 2001 may be used toimplement or enforce the proposed and final regulations appearingin 65 Fed. Reg. 43528–43583, regarding temporary alien labor cer-tification applications and petitions for admission of nonimmigrantworkers, or any similar or successor rule with an effective dateprior to October 1, 2001: Provided, That nothing in this sectionshall prohibit the development or revision of such a rule, or thepublication of any similar or successor proposed or final rule, orthe provision of training or technical assistance, or other activitiesnecessary and appropriate in preparing to implement such a rulewith an effective date after September 30, 2001.

SEC. 105. Section 218(c)(4) of the Immigration and NationalityAct (8 U.S.C. 1188(c)(4)) is amended by adding at the end thefollowing new sentence: ‘‘The determination as to whether the hous-ing furnished by an employer for an H–2A worker meets the require-ments imposed by this paragraph must be made prior to the datespecified in paragraph (3)(A) by which the Secretary of Labor isrequired to make a certification described in subsection (a)(1) withrespect to a petition for the importation of such worker.’’.

SEC. 106. Section 286(s)(6) of the Immigration and Naturaliza-tion Act (8 U.S.C. 1356(s)(6)) is amended by inserting ‘‘and section212(a)(5)(A)’’ after the second reference to ‘‘section 212(n)(1)’’.



SEC. 107. (a) Section 403(a)(5) of the Social Security Act (asamended by section 806(b) of the Departments of Labor, Healthand Human Services, and Education, and Related Agencies Appro-priations Act, 2000 (as enacted into law by section 1000(a)(4) ofPublic Law 106–113)) is amended by striking subparagraph (E)and redesignating subparagraphs (F) through (K) as subparagraphs(E) through (J), respectively.

(b) The Social Security Act (as amended by section 806(b)of the Departments of Labor, Health and Human Services, andEducation, and Related Agencies Appropriations Act, 2000 (asenacted 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)) isamended by striking ‘‘subparagraph (I)’’ and inserting ‘‘subpara-graph (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)) isamended 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) ofthis 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 amendedby striking ‘‘403(a)(5)(I)’’ and inserting ‘‘403(a)(5)(H)’’.(c) Section 403(a)(5)(H)(i)(II) of such Act (42 U.S.C.

603(a)(5)(H)(i)(II)) (as redesignated by subsection (a) of this sectionand as amended by section 806(b) of the Departments of Labor,Health and Human Services, and Education, and Related AgenciesAppropriations Act, 2000 (as enacted into law by section 1000(a)(4)of Public Law 106–113)) is further amended by striking‘‘$1,450,000,000’’ and inserting ‘‘$1,400,000,000’’.

(d) The amendments made by subsections (a), (b), and (c) ofthis section shall take effect on October 1, 2000.

This title may be cited as the ‘‘Department of Labor Appropria-tions Act, 2001’’.

TITLE II—DEPARTMENT OF HEALTH AND HUMANSERVICES

HEALTH RESOURCES AND SERVICES ADMINISTRATION

HEALTH RESOURCES AND SERVICES

For carrying out titles II, III, VII, VIII, X, XII, XIX, andXXVI of the Public Health Service Act, section 427(a) of the FederalCoal Mine Health and Safety Act, title V and section 1820 ofthe Social Security Act, the Health Care Quality ImprovementAct of 1986, as amended, the Native Hawaiian Health Care Actof 1988, as amended, and the Poison Control Center Enhancementand Awareness Act, $5,525,476,000, of which $226,224,000 shall



be available for the construction and renovation of health careand other facilities, and of which $25,000,000 from general reve-nues, notwithstanding section 1820( j) of the Social Security Act,shall be available for carrying out the Medicare rural hospitalflexibility grants program under section 1820 of such Act: Provided,That the Division of Federal Occupational Health may utilize per-sonal services contracting to employ professional management/administrative and occupational health professionals: Provided fur-ther, That of the funds made available under this heading, $250,000shall be available until expended for facilities renovations at theGillis W. Long Hansen’s Disease Center: Provided further, Thatin addition to fees authorized by section 427(b) of the Health CareQuality Improvement Act of 1986, fees shall be collected for thefull disclosure of information under the Act sufficient to recoverthe 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 ofinformation under the ‘‘Health Care Fraud and Abuse Data Collec-tion Program,’’ authorized by section 1128E(d)(2) of the Social Secu-rity Act, shall be sufficient to recover the full costs of operatingthe program, and shall remain available until expended to carryout that Act: Provided further, That no more than $5,000,000 isavailable for carrying out the provisions of Public Law 104–73:Provided further, That of the funds made available under thisheading, $253,932,000 shall be for the program under title X ofthe Public Health Service Act to provide for voluntary family plan-ning projects: Provided further, That amounts provided to saidprojects under such title shall not be expended for abortions, thatall pregnancy counseling shall be nondirective, and that suchamounts shall not be expended for any activity (including thepublication or distribution of literature) that in any way tendsto promote public support or opposition to any legislative proposalor candidate for public office: Provided further, That $589,000,000shall be for State AIDS Drug Assistance Programs authorized bysection 2616 of the Public Health Service Act: Provided further,That of the amount provided under this heading, $700,000 shallbe for the American Federation of Negro Affairs Education andResearch Fund of Philadelphia, $900,000 shall be for the Des MoinesUniversity Osteopathic Medical Center, $250,000 shall be for theUniversity of Alaska, Anchorage, to train Alaska Natives aspsychologists, $900,000 shall be for Northeastern University inBoston, Massachusetts, to train doctors to serve in low-incomecommunities, $500,000 shall be for the University of Alaska,Anchorage, to recruit and train nurses in rural areas, and $230,000shall be for the Illinois Poison Center: Provided further, That,notwithstanding section 502(a)(1) of the Social Security Act, notto exceed $113,728,000 is available for carrying out special projectsof regional and national significance pursuant to section 501(a)(2)of such Act, of which $5,000,000 is for Columbia Hospital for WomenMedical Center in Washington, D.C., to support community outreachprograms for women, $5,000,000 is for continuation of the traumaticbrain injury State demonstration projects, and $100,000 is for St.Joseph’s Health Services of Rhode Island for the Providence Smilesdental program for low-income children.

For special projects of regional and national significance undersection 501(a)(2) of the Social Security Act, $30,000,000, which



shall become available on October 1, 2001, and shall remain avail-able until September 30, 2002: Provided, That such amount shallnot be counted toward compliance with the allocation requiredin section 502(a)(1) of such Act: Provided further, That such amountshall be used only for making competitive grants to provideabstinence education (as defined in section 510(b)(2) of such Act)to adolescents and for evaluations (including longitudinal evalua-tions) of activities under the grants and for Federal costs of admin-istering the grants: Provided further, That grants shall be madeonly to public and private entities which agree that, with respectto an adolescent to whom the entities provide abstinence educationunder such grant, the entities will not provide to that adolescentany other education regarding sexual conduct, except that, in thecase of an entity expressly required by law to provide healthinformation or services the adolescent shall not be precluded fromseeking health information or services from the entity in a differentsetting than the setting in which the abstinence education wasprovided: Provided further, That the funds expended for suchevaluations may not exceed 3.5 percent of such amount.

HEALTH EDUCATION ASSISTANCE LOANS PROGRAM

Such sums as may be necessary to carry out the purposeof the program, as authorized by title VII of the Public HealthService Act, as amended. For administrative expenses to carryout the guaranteed loan program, including section 709 of thePublic Health Service Act, $3,679,000.

VACCINE INJURY COMPENSATION PROGRAM TRUST FUND

For payments from the Vaccine Injury Compensation ProgramTrust Fund, such sums as may be necessary for claims associatedwith vaccine-related injury or death with respect to vaccinesadministered after September 30, 1988, pursuant to subtitle 2 oftitle XXI of the Public Health Service Act, to remain availableuntil expended: Provided, That for necessary administrativeexpenses, not to exceed $2,992,000 shall be available from theTrust 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 XXVIof the Public Health Service Act, sections 101, 102, 103, 201, 202,203, 301, and 501 of the Federal Mine Safety and Health Actof 1977, sections 20, 21, and 22 of the Occupational Safety andHealth Act of 1970, title IV of the Immigration and NationalityAct, and section 501 of the Refugee Education Assistance Act of1980; including insurance of official motor vehicles in foreign coun-tries; and hire, maintenance, and operation of aircraft,$3,868,027,000, of which $175,000,000 shall remain available untilexpended for the facilities master plan for equipment and construc-tion and renovation of facilities, and in addition, such sums asmay be derived from authorized user fees, which shall be creditedto this account, and of which $104,527,000 for international HIV/AIDS programs shall remain available until September 30, 2002:Provided, That in addition to amounts provided herein, up to



$71,690,000 shall be available from amounts available under section241 of the Public Health Service Act to carry out the NationalCenter for Health Statistics Surveys: Provided further, That noneof the funds made available for injury prevention and control atthe Centers for Disease Control and Prevention may be used toadvocate or promote gun control: Provided further, That the Directormay redirect the total amount made available under authorityof Public Law 101–502, section 3, dated November 3, 1990, toactivities the Director may so designate: Provided further, Thatthe Congress is to be notified promptly of any such transfer: Pro-vided further, That not to exceed $10,000,000 may be availablefor making grants under section 1509 of the Public Health ServiceAct to not more than 15 States: Provided further, That notwith-standing any other provision of law, a single contract or relatedcontracts for development and construction of facilities may beemployed which collectively include the full scope of the project:Provided further, That the solicitation and contract shall containthe clause ‘‘availability of funds’’ found at 48 CFR 52.232–18: Pro-vided further, That funds obligated for influenza vaccine stockpilein fiscal year 2000 and fiscal year 2001 shall be considered asappropriated under section 3 of Public Law 101–502.

NATIONAL INSTITUTES OF HEALTH

NATIONAL CANCER INSTITUTE

For carrying out section 301 and title IV of the Public HealthService Act with respect to cancer, $3,757,242,000.

NATIONAL HEART, LUNG, AND BLOOD INSTITUTE

For carrying out section 301 and title IV of the Public HealthService Act with respect to cardiovascular, lung, and blood diseases,and blood and blood products, $2,299,866,000.

NATIONAL INSTITUTE OF DENTAL AND CRANIOFACIAL RESEARCH

For carrying out section 301 and title IV of the Public HealthService Act with respect to dental disease, $306,448,000.

NATIONAL INSTITUTE OF DIABETES AND DIGESTIVE AND KIDNEYDISEASES

For carrying out section 301 and title IV of the Public HealthService Act with respect to diabetes and digestive and kidney dis-ease, $1,303,385,000.

NATIONAL INSTITUTE OF NEUROLOGICAL DISORDERS AND STROKE

For carrying out section 301 and title IV of the Public HealthService Act with respect to neurological disorders and stroke,$1,176,482,000.

NATIONAL INSTITUTE OF ALLERGY AND INFECTIOUS DISEASES

For carrying out section 301 and title IV of the Public HealthService Act with respect to allergy and infectious diseases,$2,043,208,000.



NATIONAL INSTITUTE OF GENERAL MEDICAL SCIENCES

For carrying out section 301 and title IV of the Public HealthService Act with respect to general medical sciences, $1,535,823,000.

NATIONAL INSTITUTE OF CHILD HEALTH AND HUMAN DEVELOPMENT

For carrying out section 301 and title IV of the Public HealthService Act with respect to child health and human development,$976,455,000.

NATIONAL EYE INSTITUTE

For carrying out section 301 and title IV of the Public HealthService Act with respect to eye diseases and visual disorders,$510,611,000.

NATIONAL INSTITUTE OF ENVIRONMENTAL HEALTH SCIENCES

For carrying out sections 301 and 311 and title IV of thePublic Health Service Act with respect to environmental healthsciences, $502,549,000.

NATIONAL INSTITUTE ON AGING

For carrying out section 301 and title IV of the Public HealthService Act with respect to aging, $786,039,000.

NATIONAL INSTITUTE OF ARTHRITIS AND MUSCULOSKELETAL AND SKINDISEASES

For carrying out section 301 and title IV of the Public HealthService Act with respect to arthritis and musculoskeletal and skindiseases, $396,687,000.

NATIONAL INSTITUTE ON DEAFNESS AND OTHER COMMUNICATIONDISORDERS

For carrying out section 301 and title IV of the Public HealthService Act with respect to deafness and other communication dis-orders, $300,581,000.

NATIONAL INSTITUTE OF NURSING RESEARCH

For carrying out section 301 and title IV of the Public HealthService Act with respect to nursing research, $104,370,000.

NATIONAL INSTITUTE ON ALCOHOL ABUSE AND ALCOHOLISM

For carrying out section 301 and title IV of the Public HealthService Act with respect to alcohol abuse and alcoholism,$340,678,000.

NATIONAL INSTITUTE ON DRUG ABUSE

For carrying out section 301 and title IV of the Public HealthService Act with respect to drug abuse, $781,327,000.

NATIONAL INSTITUTE OF MENTAL HEALTH

For carrying out section 301 and title IV of the Public HealthService Act with respect to mental health, $1,107,028,000.



NATIONAL HUMAN GENOME RESEARCH INSTITUTE

For carrying out section 301 and title IV of the Public HealthService Act with respect to human genome research, $382,384,000.

NATIONAL CENTER FOR RESEARCH RESOURCES

For carrying out section 301 and title IV of the Public HealthService Act with respect to research resources and general researchsupport grants, $817,475,000: Provided, That none of these fundsshall be used to pay recipients of the general research supportgrants program any amount for indirect expenses in connectionwith such grants: Provided further, That $75,000,000 shall be forextramural facilities construction grants.

JOHN E. FOGARTY INTERNATIONAL CENTER

For carrying out the activities at the John E. Fogarty Inter-national Center, $50,514,000.

NATIONAL LIBRARY OF MEDICINE

For carrying out section 301 and title IV of the Public HealthService Act with respect to health information communications,$246,801,000, of which $4,000,000 shall be available until expendedfor improvement of information systems: Provided, That in fiscalyear 2001, the Library may enter into personal services contractsfor the provision of services in facilities owned, operated, or con-structed under the jurisdiction of the National Institutes of Health.

NATIONAL CENTER FOR COMPLEMENTARY AND ALTERNATIVEMEDICINE

For carrying out section 301 and title IV of the Public HealthService Act with respect to complementary and alternative medi-cine, $89,211,000.

NATIONAL CENTER ON MINORITY HEALTH AND HEALTH DISPARITIES

For carrying out section 301 and title IV of the Public HealthService Act with respect to minority health and health disparitiesresearch, $130,200,000.

OFFICE OF THE DIRECTOR


For carrying out the responsibilities of the Office of the Director,National Institutes of Health, $213,581,000, of which $48,271,000shall be for the Office of AIDS Research: Provided, That fundingshall be available for the purchase of not to exceed 20 passengermotor vehicles for replacement only: Provided further, That theDirector may direct up to 1 percent of the total amount madeavailable in this or any other Act to all National Institutes ofHealth appropriations to activities the Director may so designate:Provided further, That no such appropriation shall be decreasedby more than 1 percent by any such transfers and that the Congressis promptly notified of the transfer: Provided further, That theNational Institutes of Health is authorized to collect third partypayments for the cost of clinical services that are incurred in



National Institutes of Health research facilities and that such pay-ments shall be credited to the National Institutes of Health Manage-ment Fund: Provided further, That all funds credited to the NationalInstitutes of Health Management Fund shall remain available for1 fiscal year after the fiscal year in which they are deposited:Provided further, That up to $500,000 shall be available to carryout section 499 of the Public Health Service Act: Provided further,That, notwithstanding section 499(k)(10) of the Public Health Serv-ice Act, funds from the Foundation for the National Institutesof Health may be transferred to the National Institutes of Health.

BUILDINGS AND FACILITIES

For the study of, construction of, and acquisition of equipmentfor, facilities of or used by the National Institutes of Health, includ-ing the acquisition of real property, $153,790,000, to remain avail-able until expended, of which $47,300,000 shall be for the NationalNeuroscience Research Center: Provided, That notwithstanding anyother provision of law, a single contract or related contracts forthe development and construction of the first phase of the NationalNeuroscience Research Center may be employed which collectivelyinclude the full scope of the project: Provided further, That thesolicitation and contract shall contain the clause ‘‘availability offunds’’ 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 ServiceAct with respect to substance abuse and mental health services,the Protection and Advocacy for Mentally Ill Individuals Act of1986, and section 301 of the Public Health Service Act with respectto program management, $2,958,001,000, of which $24,605,000 shallbe available for the projects and in the amounts specified in thestatement of the managers on the conference report accompanyingthis Act.

AGENCY FOR HEALTHCARE RESEARCH AND QUALITY

HEALTHCARE RESEARCH AND QUALITY

For carrying out titles III and IX of the Public Health ServiceAct, and part A of title XI of the Social Security Act, $104,963,000;in addition, amounts received from Freedom of Information Actfees, reimbursable and interagency agreements, and the sale ofdata shall be credited to this appropriation and shall remain avail-able until expended: Provided, That the amount made availablepursuant to section 926(b) of the Public Health Service Act shallnot exceed $164,980,000.

HEALTH CARE FINANCING ADMINISTRATION

GRANTS TO STATES FOR MEDICAID

For carrying out, except as otherwise provided, titles XI andXIX of the Social Security Act, $93,586,251,000, to remain availableuntil expended.



For making, after May 31, 2001, payments to States undertitle XIX of the Social Security Act for the last quarter of fiscalyear 2001 for unanticipated costs, incurred for the current fiscalyear, such sums as may be necessary.

For making payments to States or in the case of section 1928on behalf of States under title XIX of the Social Security Actfor the first quarter of fiscal year 2002, $36,207,551,000, to remainavailable until expended.

Payment under title XIX may be made for any quarter withrespect to a State plan or plan amendment in effect during suchquarter, if submitted in or prior to such quarter and approvedin that or any subsequent quarter.

PAYMENTS TO HEALTH CARE TRUST FUNDS

For payment to the Federal Hospital Insurance and the FederalSupplementary Medical Insurance Trust Funds, as provided undersections 217(g) and 1844 of the Social Security Act, sections 103(c)and 111(d) of the Social Security Amendments of 1965, section278(d) of Public Law 97–248, and for administrative expensesincurred 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 XXVIIof the Public Health Service Act, and the Clinical LaboratoryImprovement Amendments of 1988, not to exceed $2,246,326,000,to be transferred from the Federal Hospital Insurance and theFederal Supplementary Medical Insurance Trust Funds, as author-ized by section 201(g) of the Social Security Act; together withall funds collected in accordance with section 353 of the PublicHealth Service Act and such sums as may be collected from author-ized user fees and the sale of data, which shall remain availableuntil expended, and together with administrative fees collectedrelative to Medicare overpayment recovery activities, which shallremain available until expended: Provided, That all funds derivedin accordance with 31 U.S.C. 9701 from organizations establishedunder title XIII of the Public Health Service Act shall be creditedto and available for carrying out the purposes of this appropriation:Provided further, That $18,000,000 appropriated under this headingfor the managed care system redesign shall remain available untilexpended: Provided further, That $20,000,000 of the amount avail-able for research, demonstration, and evaluation activities shallbe available to continue carrying out demonstration projects onMedicaid coverage of community-based attendant care services forpeople with disabilities which ensures maximum control by theconsumer to select and manage their attendant care services: Pro-vided further, That the Secretary of Health and Human Servicesis directed to enter into an agreement with the Mind-Body Instituteof Boston, Massachusetts, to conduct a demonstration of a lifestylemodification program: Provided further, That $2,800,000 of theamount available for research, demonstration, and evaluation activi-ties shall be awarded for administration, evaluation, quality mon-itoring and peer review of this lifestyle modification demonstration:Provided further, That $2,800,000 of the amount available forresearch, demonstration, and evaluation activities shall be awarded



to a joint application from the University of Pittsburgh, Case West-ern Reserve in Cleveland, Ohio, and Mt. Sinai Hospital in Miami,Florida, to use integrated nursing services and technology to imple-ment daily monitoring of congestive heart failure patients in under-served populations in accordance with established clinical guide-lines: Provided further, That $500,000 of the amount availablefor research, demonstration, and evaluation activities shall beawarded to the University of Pittsburgh Medical Center and Univer-sity of Pennsylvania for a study of the efficacy of surgical versusnon-surgical management of abdominal aneurysms: Provided fur-ther, That $650,000 of the amount available for research, dem-onstration, and evaluation activities shall be awarded to the Vascu-lar Surgery Outcome Initiative at Dartmouth College: Providedfurther, That up to $300,000 of the amount available for research,demonstration, and evaluation activities shall be awarded to theUnited States-Mexico Border Counties Coalition for a study to deter-mine the unreimbursed costs incurred to treat undocumented aliensfor medical emergencies in southwest border States, their bordercounties, and hospitals within the jurisdiction of these States andcounties: Provided further, That $1,700,000 of the amount availablefor research, demonstration, and evaluation activities shall beawarded to the AIDS Healthcare Foundation in Los Angeles fora demonstration of residential and outpatient treatment facilities:Provided further, That $350,000 of the amount available forresearch, demonstration, and evaluation activities shall be awardedto the Cook County, Illinois Bureau of Health for the AsthmaChampion Initiative demonstration to reduce morbidity and mortal-ity from asthma in high prevalence areas: Provided further, That$1,000,000 of the amount available for research, demonstration,and evaluation activities shall be awarded to the West VirginiaUniversity School of Medicine’s Eye Center to test interventionsand improve the quality of life for individuals with low vision,with a particular focus on the elderly: Provided further, That$1,000,000 of the amount available for research, demonstration,and evaluation activities shall be awarded to the Iowa Departmentof Public Health for the establishment and operation of a mercantileprescription drug purchasing cooperative or non-profit corporationdemonstration: Provided further, That $691,000 of the amount avail-able for research, demonstration, and evaluation activities shallbe awarded to Ohio State University to determine the benefitsof compliance packaging: Provided further, That $855,000 of theamount available for research, demonstration, and evaluation activi-ties shall be awarded to Children’s Hospice International for ademonstration project to provide a continuum of care for childrenwith life-threatening conditions and their families: Provided further,That $921,000 of the amount available for research, demonstration,and evaluation activities shall be awarded to Equip for Equalityfor a demonstration project to document the impact of an independ-ent investigative unit that will examine deaths or other seriousallegations of abuse and neglect of people with disabilities at facili-ties in Illinois: Provided further, That $1,000,000 of the amountavailable for research, demonstration, and evaluation activities shallbe awarded to Duke University Medical Center to demonstratethe potential savings in the Medicare program of a reimbursementsystem based on preventative care: Provided further, That$1,843,000 of the amount available for research, demonstration,and evaluation activities shall be awarded to Bucks County,



Pennsylvania, for a health improvement project: Provided further,That $255,000 of the amount available for research, demonstration,and evaluation activities shall be awarded to the LA Care HealthPlan in Los Angeles, California, for a demonstration program toimprove clinical data coordination among Medicaid providers: Pro-vided further, That $646,000 of the amount available for research,demonstration, and evaluation activities shall be for the ShelbyCounty Regional Medical Center to establish a Master PatientIndex to determine patient Medicaid/TennCare eligibility: Providedfurther, That the Secretary of Health and Human Services isdirected to collect fees in fiscal year 2001 from Medicare∂Choiceorganizations pursuant to section 1857(e)(2) of the Social SecurityAct and from eligible organizations with risk-sharing contractsunder section 1876 of that Act pursuant to section 1876(k)(4)(D)of that Act.

HEALTH MAINTENANCE ORGANIZATION LOAN AND LOAN GUARANTEEFUND

For carrying out subsections (d) and (e) of section 1308 ofthe Public Health Service Act, any amounts received by the Sec-retary in connection with loans and loan guarantees under titleXIII of the Public Health Service Act, to be available withoutfiscal year limitation for the payment of outstanding obligations.During fiscal year 2001, no commitments for direct loans or loanguarantees shall be made.

ADMINISTRATION FOR CHILDREN AND FAMILIES

PAYMENTS TO STATES FOR CHILD SUPPORT ENFORCEMENT ANDFAMILY SUPPORT PROGRAMS

For making payments to States or other non-Federal entitiesunder titles I, IV–D, X, XI, XIV, and XVI of the Social SecurityAct and the Act of July 5, 1960 (24 U.S.C. ch. 9), $2,441,800,000,to remain available until expended; and for such purposes for thefirst quarter of fiscal year 2002, $1,000,000,000, to remain availableuntil expended.

For making payments to each State for carrying out the pro-gram of Aid to Families with Dependent Children under title IV–A of the Social Security Act before the effective date of the programof Temporary Assistance to Needy Families (TANF) with respectto such State, such sums as may be necessary: Provided, Thatthe sum of the amounts available to a State with respect to expendi-tures under such title IV–A in fiscal year 1997 under this appropria-tion and under such title IV–A as amended by the Personal Respon-sibility and Work Opportunity Reconciliation Act of 1996 shallnot exceed the limitations under section 116(b) of such Act.

For making, after May 31 of the current fiscal year, paymentsto 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 July5, 1960 (24 U.S.C. ch. 9), for the last 3 months of the currentyear for unanticipated costs, incurred for the current fiscal year,such sums as may be necessary.



LOW INCOME HOME ENERGY ASSISTANCE

For making payments under title XXVI of the Omnibus BudgetReconciliation Act of 1981, in addition to amounts already appro-priated for fiscal year 2001, $300,000,000.

For making payments under title XXVI of the Omnibus Rec-onciliation Act of 1981, $300,000,000: Provided, That these fundsare hereby designated by the Congress to be emergency require-ments pursuant to section 251(b)(2)(A) of the Balanced Budgetand Emergency Deficit Control Act of 1985: Provided further, Thatthese funds shall be made available only after submission to theCongress of a formal budget request by the President that includesdesignation of the entire amount of the request as an emergencyrequirement as defined in such Act.

REFUGEE AND ENTRANT ASSISTANCE

For making payments for refugee and entrant assistance activi-ties authorized by title IV of the Immigration and NationalityAct and section 501 of the Refugee Education Assistance Act of1980 (Public Law 96–422), $423,109,000: Provided, That fundsappropriated pursuant to section 414(a) of the Immigration andNationality Act for fiscal year 2001 shall be available for the costsof assistance provided and other activities through September 30,2003: Provided further, That up to $5,000,000 is available to carryout the Trafficking Victims Protection Act of 2000.

For carrying out section 5 of the Torture Victims Relief Actof 1998 (Public Law 105–320), $10,000,000.

PAYMENTS TO STATES FOR THE CHILD CARE AND DEVELOPMENTBLOCK GRANT

For carrying out sections 658A through 658R of the OmnibusBudget Reconciliation Act of 1981 (The Child Care and DevelopmentBlock Grant Act of 1990), in addition to amounts already appro-priated for fiscal year 2001, $817,328,000, such funds shall beused to supplement, not supplant State general revenue fundsfor child care assistance for low-income families: Provided, Thatof the funds appropriated for fiscal year 2001, $19,120,000 shallbe available for child care resource and referral and school-agedchild care activities, of which $1,000,000 shall be for the ChildCare Aware toll free hotline: Provided further, That of the fundsappropriated for fiscal year 2001, in addition to the amountsrequired to be reserved by the States under section 658G,$272,672,000 shall be reserved by the States for activities author-ized under section 658G, of which $100,000,000 shall be for activi-ties that improve the quality of infant and toddler child care:Provided further, That of the funds appropriated for fiscal year2001, $10,000,000 shall be for use by the Secretary for child careresearch, demonstration, and evaluation activities.

SOCIAL SERVICES BLOCK GRANT

For making grants to States pursuant to section 2002 of theSocial Security Act, $1,725,000,000: Provided, That notwithstandingsection 2003(c) of such Act, as amended, the amount specifiedfor allocation under such section for fiscal year 2001 shall be$1,725,000,000: Provided further, That, notwithstanding subpara-graph (B) of section 404(d)(2) of such Act, the applicable percent



specified under such subparagraph for a State to carry out Stateprograms pursuant to title XX of such Act shall be 10 percent.

CHILDREN AND FAMILIES SERVICES PROGRAMS

(INCLUDING RESCISSIONS)

For carrying out, except as otherwise provided, the Runawayand Homeless Youth Act, the Developmental Disabilities Assistanceand Bill of Rights Act, the Head Start Act, the Child Abuse Preven-tion and Treatment Act, the Native American Programs Act of1974, title II of Public Law 95–266 (adoption opportunities), theAdoption and Safe Families Act of 1997 (Public Law 105–89), theAbandoned Infants Assistance Act of 1988, the Early LearningOpportunities Act, part B(1) of title IV and sections 413, 429A,1110, and 1115 of the Social Security Act, and sections 40155,40211, and 40241 of Public law 103–322; for making paymentsunder the Community Services Block Grant Act, section 473A ofthe Social Security Act, and title IV of Public Law 105–285, andfor necessary administrative expenses to carry out said Acts andtitles 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 BudgetReconciliation Act of 1981, title IV of the Immigration and National-ity Act, section 501 of the Refugee Education Assistance Act of1980, section 5 of the Torture Victims Relief Act of 1998 (PublicLaw 105–320), sections 40155, 40211, and 40241 of Public Law103–322 and section 126 and titles IV and V of Public Law 100–485, $7,956,345,000, of which $43,000,000, to remain available untilSeptember 30, 2002, shall be for grants to States for adoptionincentive payments, as authorized by section 473A of title IV ofthe Social Security Act (42 U.S.C. 670–679) and may be madefor adoptions completed in fiscal years 1999 and 2000; of which$682,876,000 shall be for making payments under the CommunityServices Block Grant Act; and of which $6,200,000,000 shall befor making payments under the Head Start Act, of which$1,400,000,000 shall become available October 1, 2001 and remainavailable through September 30, 2002: Provided, That to the extentCommunity Services Block Grant funds are distributed as grantfunds by a State to an eligible entity as provided under the Act,and have not been expended by such entity, they shall remainwith such entity for carryover into the next fiscal year for expendi-ture by such entity consistent with program purposes: Providedfurther, That the Secretary shall establish procedures regardingthe disposition of intangible property which permits grant funds,or intangible assets acquired with funds authorized under section680 of the Community Services Block Grant Act, as amended,to become the sole property of such grantees after a period ofnot more than 12 years after the end of the grant for purposesand uses consistent with the original grant.

Funds appropriated for fiscal year 2001 under section 429A(e),part B of title IV of the Social Security Act shall be reducedby $6,000,000.

Funds appropriated for fiscal year 2001 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 entitiesunder title IV–E of the Social Security Act, $4,863,100,000.

For making payments to States or other non-Federal entitiesunder title IV–E of the Social Security Act, for the first quarterof fiscal year 2002, $1,735,900,000.

ADMINISTRATION ON AGING

AGING SERVICES PROGRAMS

For carrying out, to the extent not otherwise provided, theOlder Americans Act of 1965, as amended, and section 398 ofthe Public Health Service Act, $1,103,135,000, of which $5,000,000shall be available for activities regarding medication management,screening, and education to prevent incorrect medication andadverse drug reactions: Provided, That notwithstanding section308(b)(1) of the Older Americans Act of 1965, as amended, theamounts available to each State for administration of the Stateplan under title III of such Act shall be reduced not more than5 percent below the amount that was available to such State forsuch purpose for fiscal year 1995.

OFFICE OF THE SECRETARY

GENERAL DEPARTMENTAL MANAGEMENT

For necessary expenses, not otherwise provided, for generaldepartmental management, including hire of six sedans, and forcarrying out titles III, XVII, and XX of the Public Health ServiceAct, and the United States-Mexico Border Health Commission Act,$285,224,000, together with $5,851,000, to be transferred andexpended as authorized by section 201(g)(1) of the Social SecurityAct from the Hospital Insurance Trust Fund and the SupplementalMedical Insurance Trust Fund: Provided further, That of the fundsmade available under this heading for carrying out title XX ofthe Public Health Service Act, $10,377,000 shall be for activitiesspecified under section 2003(b)(2), of which $10,157,000 shall befor prevention service demonstration grants under section 510(b)(2)of title V of the Social Security Act, as amended, without applicationof the limitation of section 2010(c) of said title XX: Provided further,That no funds shall be obligated for minority AIDS preventionand treatment activities until the Department of Health and HumanServices submits an operating plan to the House and SenateCommittees on Appropriations.

OFFICE OF INSPECTOR GENERAL

For expenses necessary for the Office of Inspector Generalin carrying out the provisions of the Inspector General Act of1978, as amended, $33,849,000: Provided, That of such amount,necessary sums are available for providing protective services tothe Secretary and investigating non-payment of child support cases



for which non-payment is a Federal offense under 18 U.S.C. 228,each of which activities is hereby authorized in this and subsequentfiscal years.

OFFICE FOR CIVIL RIGHTS

For expenses necessary for the Office for Civil Rights,$24,742,000, together with not to exceed $3,314,000, to be trans-ferred and expended as authorized by section 201(g)(1) of the SocialSecurity Act from the Hospital Insurance Trust Fund and theSupplemental Medical Insurance Trust Fund.

POLICY RESEARCH

For carrying out, to the extent not otherwise provided, researchstudies under section 1110 of the Social Security Act, $16,738,000.

RETIREMENT PAY AND MEDICAL BENEFITS FOR COMMISSIONEDOFFICERS

For retirement pay and medical benefits of Public Health Serv-ice Commissioned Officers as authorized by law, for payments underthe Retired Serviceman’s Family Protection Plan and SurvivorBenefit Plan, for medical care of dependents and retired personnelunder the Dependents’ Medical Care Act (10 U.S.C. ch. 55), andfor payments pursuant to section 229(b) of the Social SecurityAct (42 U.S.C. 429(b)), such amounts as may be required duringthe current fiscal year.

PUBLIC HEALTH AND SOCIAL SERVICES EMERGENCY FUND

For expenses necessary to support activities related to counter-ing potential biological, disease and chemical threats to civilianpopulations, $241,231,000: Provided, That this amount is distrib-uted as follows: Centers for Disease Control and Prevention,$181,131,000, of which $32,000,000 shall be for the Health AlertNetwork and $18,040,000 shall be for the continued study of theanthrax vaccine; and Office of Emergency Preparedness,$60,100,000.

GENERAL PROVISIONS

SEC. 201. Funds appropriated in this title shall be availablefor not to exceed $37,000 for official reception and representationexpenses when specifically approved by the Secretary.

SEC. 202. The Secretary shall make available through assign-ment not more than 60 employees of the Public Health Serviceto assist in child survival activities and to work in AIDS programsthrough and with funds provided by the Agency for InternationalDevelopment, the United Nations International Children’s Emer-gency Fund or the World Health Organization.

SEC. 203. None of the funds appropriated under this Act maybe used to implement section 399L(b) of the Public Health ServiceAct or section 1503 of the National Institutes of Health Revitaliza-tion Act of 1993, Public Law 103–43.

SEC. 204. None of the funds appropriated in this Act for theNational Institutes of Health and the Substance Abuse and MentalHealth 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 I.

SEC. 205. None of the funds appropriated in this Act maybe expended pursuant to section 241 of the Public Health ServiceAct, except for funds specifically provided for in this Act, or forother taps and assessments made by any office located in theDepartment of Health and Human Services, prior to the Secretary’spreparation and submission of a report to the Committee on Appro-priations of the Senate and of the House detailing the planneduses of such funds.

(TRANSFER OF FUNDS)

SEC. 206. Not to exceed 1 percent of any discretionary funds(pursuant to the Balanced Budget and Emergency Deficit ControlAct of 1985, as amended) which are appropriated for the currentfiscal year for the Department of Health and Human Servicesin this Act may be transferred between appropriations, but nosuch appropriation shall be increased by more than 3 percent byany such transfer: Provided, That the Appropriations Committeesof both Houses of Congress are notified at least 15 days in advanceof any transfer.

SEC. 207. The Director of the National Institutes of Health,jointly with the Director of the Office of AIDS Research, maytransfer up to 3 percent among institutes, centers, and divisionsfrom the total amounts identified by these two Directors as fundingfor research pertaining to the human immunodeficiency virus: Pro-vided, That the Congress is promptly notified of the transfer.

SEC. 208. Of the amounts made available in this Act for theNational Institutes of Health, the amount for research related tothe human immunodeficiency virus, as jointly determined by theDirector of the National Institutes of Health and the Director ofthe Office of AIDS Research, shall be made available to the ‘‘Officeof AIDS Research’’ account. The Director of the Office of AIDSResearch shall transfer from such account amounts necessary tocarry out section 2353(d)(3) of the Public Health Service Act.

SEC. 209. None of the funds appropriated in this Act maybe made available to any entity under title X of the Public HealthService Act unless the applicant for the award certifies to theSecretary that it encourages family participation in the decisionof minors to seek family planning services and that it providescounseling to minors on how to resist attempts to coerce minorsinto engaging in sexual activities.

SEC. 210. None of the funds appropriated by this Act (includingfunds appropriated to any trust fund) may be used to carry outthe Medicare+Choice program if the Secretary denies participationin such program to an otherwise eligible entity (including a ProviderSponsored Organization) because the entity informs the Secretarythat it will not provide, pay for, provide coverage of, or providereferrals for abortions: Provided, That the Secretary shall makeappropriate prospective adjustments to the capitation payment tosuch an entity (based on an actuarially sound estimate of theexpected costs of providing the service to such entity’s enrollees):Provided further, That nothing in this section shall be construedto change the Medicare program’s coverage for such services anda Medicare+Choice organization described in this section shall beresponsible for informing enrollees where to obtain informationabout all Medicare covered services.



SEC. 211. Notwithstanding any other provision of law, no pro-vider of services under title X of the Public Health Service Actshall be exempt from any State law requiring notification or thereporting of child abuse, child molestation, sexual abuse, rape,or incest.

SEC. 212. The Foreign Operations, Export Financing, andRelated 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, and2001’’; 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 ‘‘Septem-ber 30, 2001’’.SEC. 213. None of the funds provided in this Act or in any

other Act making appropriations for fiscal year 2001 may be usedto administer or implement in Arizona or in the Kansas City,Missouri or in the Kansas City, Kansas area the Medicare Competi-tive Pricing Demonstration Project (operated by the Secretary ofHealth and Human Services).

SEC. 214. (a) Except as provided by subsection (e) none ofthe funds appropriated by this Act may be used to withhold sub-stance abuse funding from a State pursuant to section 1926 ofthe Public Health Service Act (42 U.S.C. 300x–26) if such Statecertifies to the Secretary of Health and Human Services by March1, 2001 that the State will commit additional State funds, in accord-ance with subsection (b), to ensure compliance with State lawsprohibiting the sale of tobacco products to individuals under 18years of age.

(b) The amount of funds to be committed by a State undersubsection (a) shall be equal to 1 percent of such State’s substanceabuse block grant allocation for each percentage point by whichthe State misses the retailer compliance rate goal established bythe Secretary of Health and Human Services under section 1926of such Act.

(c) The State is to maintain State expenditures in fiscal year2001 for tobacco prevention programs and for compliance activitiesat a level that is not less than the level of such expendituresmaintained by the State for fiscal year 2000, and adding to thatlevel the additional funds for tobacco compliance activities requiredunder subsection (a). The State is to submit a report to the Secretaryon all fiscal year 2000 State expenditures and all fiscal year 2001obligations for tobacco prevention and compliance activities by pro-gram activity by July 31, 2001.

(d) The Secretary shall exercise discretion in enforcing thetiming of the State obligation of the additional funds requiredby the certification described in subsection (a) as late as July31, 2001.

(e) None of the funds appropriated by this Act may be usedto withhold substance abuse funding pursuant to section 1926 froma territory that receives less than $1,000,000.



SEC. 215. Section 448 of the Public Health Service Act (42U.S.C. 285g) is amended by inserting ‘‘gynecologic health,’’ after‘‘with respect to’’.

SEC. 216. None of the funds appropriated under this Act shallbe expended by the National Institutes of Health on a contractfor the care of the 288 chimpanzees acquired by the NationalInstitutes of Health from the Coulston Foundation, unless the con-tractor is accredited by the Association for the Assessment andAccreditation of Laboratory Animal Care International or has aPublic Health Services assurance, and has not been charged mul-tiple times with egregious violations of the Animal Welfare Act:Provided, That the requirements of section 481(A)(e)(1) shall notapply to funds awarded to nonhuman primate research facilitiesof special interest to NIH.

SEC. 217. No grants may be awarded under the first paragraphunder the heading ‘‘Department of Health and Human Services,Health Resources and Services Administration, Health Resourcesand Services’’ in chapter 4 of title II of the Emergency SupplementalAct, 2000 (Public Law 106–246, division B) until March 1, 2001.

SEC. 218. (a) The second sentence of section 5948(d) of title5, United States Code, is amended to read as follows: ‘‘No agreementshall be entered into under this section later than September 30,2005, nor shall any agreement cover a period of service extendingbeyond September 30, 2007.’’.

(b) Section 3 of the Federal Physicians Comparability AllowanceAct of 1978 (5 U.S.C. 5948 note) is amended by striking ‘‘September30, 2002’’ and inserting ‘‘September 30, 2007’’.

SEC. 219. (a) Congress makes the following findings:(1) Organ procurement organizations play an important

role in the effort to increase organ donation in the UnitedStates.

(2) The current process for the certification and recertifi-cation of organ procurement organizations conducted by theDepartment of Health and Human Services has created a levelof uncertainty that is interfering with the effectiveness of organprocurement organizations in raising the level of organ dona-tion.

(3) The General Accounting Office, the Institute of Medi-cine, and the Harvard School of Public Health have identifiedsubstantial limitations in the organ procurement organizationcertification and recertification process and have recommendedchanges in that process.

(4) The limitations in the recertification process include:(A) An exclusive reliance on population-based measures

of performance that do not account for the potential inthe population for organ donation and do not permit consid-eration of other outcome and process standards that wouldmore accurately reflect the relative capability and perform-ance of each organ procurement organization.

(B) A lack of due process to appeal to the Secretaryof Health and Human Services for recertification on eithersubstantive or procedural grounds.(5) The Secretary of Health and Human Services has the

authority under section 1138(b)(1)(A)(i) of the Social SecurityAct (42 U.S.C. 1320b–8(b)(1)(A)(i)) to extend the period forrecertification of an organ procurement organization from 2



to 4 years on the basis of its past practices in order to avoidthe inappropriate disruption of the nation’s organ system.

(6) The Secretary of Health and Human Services can usethe extended period described in paragraph (5) for recertifi-cation of all organ procurement organizations to—

public law 106–554 106th congress an actpublic law 106–554—dec. 21, 2000 114 stat. 2763 * see...

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