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CONFERENCE REPORT ON H.R. 4577, DEPARTMENTS OF LABOR, HEALTH AND HUMAN SERVICES, AND EDUCATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2001
(House of Representatives - December 15, 2000)
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CONFERENCE REPORT ON
H.R. 4577, DEPARTMENTS OF LABOR, HEALTH AND HUMAN
SERVICES, AND EDUCATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2001
Mr. YOUNG of Florida submitted the following conference report and
statement on the bill (
H.R. 4577) 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:
Conference Report (H. Rept. 106-1033)
The committee of conference on the disagreeing votes of the
two Houses on the amendment of the Senate to the bill (
H.R.
4577) ``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'', having met, after full and free
conference, have agreed to recommend and do recommend to
their respective Houses as follows:
That the House recede from its disagreement to the
amendment of the Senate, and agree to the same with
amendments, as follows:
In lieu of the matter stricken and inserted by said
amendment, insert:
Section 1. (a) The provisions of the following bills of the
106th 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.
(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 United
States Statutes at Large pursuant to section 112 of title 1,
United States Code, the Archivist of the United States shall
include after the date of approval at the end appendixes
setting forth the texts of the bills referred to in
subsection (a) of this section and the text of any other bill
enacted into law by reference by reason of the enactment of
this Act.
Sec. 2. (a) Notwithstanding Rule 3 of the Budget
Scorekeeping Guidelines set forth in the joint explanatory
statement of the committee of conference accompanying
Conference Report 105-217, legislation enacted in section 505
of the Department of Transportation and Related Agencies
Appropriations Act, 2001, section 312 of the Legislative
Branch Appropriations Act, 2001, titles X and XI of
H.R. 5548
(106th Congress) as enacted by
H.R. 4942 (106th Congress),
Division B of
H.R. 5666 (106th Congress) as enacted by this
Act, and sections 1(a)(5) through 1(a)(9) of this Act that
would have been estimated by the Office of Management and
Budget as changing direct spending or receipts under section
252 of the Balanced Budget and Emergency Deficit Control Act
of 1985 were it included in an Act other than an
appropriations Act shall be treated as direct spending or
receipts legislation, as appropriate, under section 252 of
the Balanced Budget and Emergency Deficit Control Act of
1985.
(b) In preparing the final sequestration report required by
section 254(f)(3) of the Balanced Budget and Emergency
Deficit Control Act of 1985 for fiscal year 2001, in addition
to the information required by that section, the Director of
the Office of Management and Budget shall change any balance
of direct spending and receipts legislation for fiscal year
2001 under section 252 of that Act to zero.
This Act may be cited as the ``Consolidated Appropriations
Act, 2001''.
Amend the title of the bill so as to read:
``An Act making consolidated appropriations for the fiscal
year ending September 30, 2001, and for other purposes.''.
And the Senate agree to the same.
John Edward Porter,
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C.W. Bill Young,
Henry Bonilla,
Ernest J. Istook, Jr.,
Dan Miller,
Jay Dickey,
Roger F. Wicker,
Anne M. Northup,
Randy ``Duke'' Cunningham,
David R. Obey,
Steny H. Hoyer,
Nancy Pelosi,
Nita M. Lowey,
Rosa L. DeLauro,
Jesse L. Jackson, Jr.
(Except elimination of LIHEAP and CCDBG advanced funding;
immigration and charitable choice provisions.)
Managers on the Part of the House.
Arlen Specter,
Thad Cochran,
Slade Gorton,
Judd Gregg,
Kay Bailey Hutchison,
Ted Stevens,
Pete V. Domenici,
Tom Harkin,
Ernest F. Hollings,
Daniel K. Inouye,
Harry Reid,
Herb Kohl,
Patty Murray,
Dianne Feinstein,
Robert C. Byrd,
Managers on the Part of the Senate.
JOINT EXPLANATORY STATEMENT OF THE COMMITTEE OF CONFERENCE
The managers on the part of the House and Senate at the
conference on the disagreeing votes of the two Houses on the
amendment of the Senate to the bill (
H.R. 4577) making
appropriations for the Departments of Labor, Health and Human
Services, and Education, and Related Agencies, and for other
purposes, submit the following joint statement of the House
and Senate in explanation of the effect of the action agreed
upon by the managers and recommended in the accompanying
conference report.
This conference agreement includes more than the
Departments of Labor, Health and Human Services, and
Education, and Related Agencies Appropriations Act, 2001. The
conference agreement has been expanded to including the
Legislative Branch Appropriations Act, 2001; the Treasury and
General Government Appropriations Act, 2001; the
Miscellaneous Appropriations Act, 2001; the Commodity Futures
Modernization Act of 2000; the Medicare, Medicaid, and SCHIP
Benefits Improvement and Protection Act of 2000; the
Community Renewal Tax Relief Act of 2000; the New Markets
Venture Capital Program Act of 2000; and the Small Business
Reauthorization Act of 2000; as well as the Departments of
Labor, Health and Human Services, and Education, and Related
Agencies Appropriations Act, 2001. The provisions of all of
these Acts have been enacted into law by reference in this
conference report; however, a copy of the referenced
legislation has been included in this statement for
convenience.
DEPARTMENTS OF LABOR, HEALTH AND HUMAN SERVICES, AND EDUCATION, AND
RELATED AGENCIES APPROPRIATIONS
The conference agreement would enact the provisions of
H.R.
5656 as introduced on December 14, 2000. The text of that
bill follows:
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; the Women in Apprenticeship and Nontraditional
Occupations Act; and the National Skill Standards Act of
1994; $3,207,805,000 plus reimbursements, of which
$1,808,465,000 is available for obligation for the period
July 1, 2001 through June 30, 2002; of which $1,377,965,000
is available for obligation for the period April 1, 2001
through June 30, 2002, including $1,102,965,000 to carry out
chapter 4 of the Workforce Investment Act and $275,000,000 to
carry out section 169 of such Act; and of which $20,375,000
is available for the period July 1, 2001 through June 30,
2004 for necessary expenses of construction, rehabilitation,
and 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: Provided further, That of the
funds made available for Job Corps operating expenses in the
Department of Labor Appropriations Act, 2000, as enacted by
section 1000(a)(4) of Public Law 106-113, $586,487 shall be
paid to the city of Vergennes, Vermont in settlement of the
city's claim: Provided further, That $4,600,000 provided
herein for dislocated worker employment and training
activities shall be made available to the New Mexico
Telecommunications Call Center Training Consortium for
training in telecommunications-related occupations.
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 title V of the Older Americans Act of 1965, as
amended, $440,200,000.
Federal Unemployment Benefits and Allowances
For payments during the current fiscal year of trade
adjustment benefit payments and allowances under part I; and
for training, allowances for job search and 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, $193,452,000,
together with not to exceed $3,172,246,000 (including not to
exceed $1,228,000 which may be used for amortization payments
to States which had independent retirement plans in their
State 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
$193,452,000, together with not to exceed $773,283,000 of
the amount which may be expended from said trust fund,
shall be available for obligation for the period July 1,
2001 through June 30, 2002, to fund 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
[[Page
H12102]]
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, $110,651,000, 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, $107,832,000.
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, $361,491,000, together with $1,985,000
which may be expended from the Special Fund in accordance
with section
s 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,
$34,910,000 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, $23,371,000; (2) for conversion to a
paperless office, $7,005,000; (3) for communications
redesign, $1,750,000; (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)
For payments from the Black Lung Disability Trust Fund,
$1,028,000,000, of which $975,343,000 shall be available
until September 30, 2002, for payment of all benefits as
authorized by section 9501(d)(1), (2), (4), and (7) of the
Internal Revenue Code of 1954, as amended, and interest on
advances as authorized by section 9501(c)(2) of that Act, and
of which $30,393,000 shall be available for transfer to
Employment Standards 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
payment into miscellaneous receipts for the expenses of the
Department of Treasury, for expenses of operation and
administration of the Black Lung Benefits program as
authorized by section 9501(d)(5) of that Act: Provided, That,
in addition, such amounts as may be necessary may be charged
to the subsequent year appropriation for the payment of
compensation, interest, or other benefits for any period
subsequent to August 15 of the current year.
Occupational Safety and Health Administration
Salaries and Expenses
For necessary expenses for the Occupational Safety and
Health Administration, $425,983,000, including not to exceed
$88,493,000 which shall be the maximum amount available for
grants to States under section 23(g) of the Occupational
Safety and Health Act, which grants shall be no less than 50
percent of the costs of State 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
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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, $246,747,000, 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 Mine
Safety and Health 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,
$374,327,000, 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, and $37,000,000 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; $380,529,000; together with not to
exceed $310,000, which may be expended from the Employment
Security Administration account in the Unemployment Trust
Fund: Provided, That no funds made available by this Act may
be used by the Solicitor of Labor to participate in a review
in any United States court of appeals of any decision made by
the 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, $24,800,000, of which
$7,300,000 shall be available for obligation for the period
July 1, 2001, through June 30, 2002.
Office of Inspector General
For salaries and expenses of the Office of Inspector
General in carrying out the provisions of the Inspector
General Act of 1978, as amended, $50,015,000, together with
not to exceed $4,770,000, which may be expended from the
Employment Security Administration account in the
Unemployment Trust Fund.
GENERAL PROVISIONS
Sec. 101. None of the funds appropriated in this title for
the Job Corps shall be used to pay the compensation of an
individual, either as direct costs or any proration as an
indirect cost, at a rate in excess of Executive Level II.
(transfer of funds)
Sec. 102. Not to exceed 1 percent of any 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. 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, 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. No funds appropriated in this Act or any other
Act making appropriations for fiscal year 2001 may be used to
implement or enforce the proposed and final regulations
appearing in 65 Fed. Reg. 43528-43583, regarding temporary
alien labor certification applications and petitions for
admission of nonimmigrant workers, or any similar or
successor rule with an effective date prior to October 1,
2001: Provided, That nothing in this section shall prohibit
the development or revision of such a rule, or the
publication of any similar or successor proposed or final
rule, or the provision of training or technical assistance,
or other activities necessary and appropriate in preparing to
implement such a rule with an effective date after September
30, 2001.
Sec. 105. Section 218(c)(4) of the Immigration and
Nationality Act (8 U.S.C. 1188(c)(4)) is amended by adding at
the end the following new sentence: ``The determination as to
whether the housing furnished by an employer for an H-2A
worker meets the requirements imposed by this paragraph must
be made prior to the date specified in paragraph (3)(A) by
which the Secretary of Labor is required to make a
certification described in subsection (a)(1) with respect to
a petition for the importation of such worker.''.
Sec. 106. Section 286(s)(6) of the Immigration and
Naturalization Act (8 U.S.C. 1356(s)(6)) is amended by
inserting, ``and section 212(a)(5)(A)'' after the second
reference to ``section 212(n)(1)''.
Sec. 107. (a) Section 403(a)(5) of the Social Security Act
(as amended by section 806(b) of the Departments of Labor,
Health and Human Services, and Education, and Related
Agencies Appropriations Act, 2000 (as 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) 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) 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) The amendments made by subsections (a), (b), and (c) of
this section shall take effect on October 1, 2000.
This title may be cited as the ``Department of Labor
Appropriations Act, 2001''.
[[Page
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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, the Native
Hawaiian Health Care Act of 1988, as amended, and the Poison
Control Center Enhancement and Awareness Act, $5,525,476,000,
of which $226,224,000 shall be available for the construction
and renovation of health care and other facilities, and of
which $25,000,000 from general revenues, notwithstanding
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 1128E(d)(2) of the Social Security Act,
shall be sufficient to recover the full costs of operating
the program, and shall remain available until expended to
carry out that Act: Provided further, That no more than
$5,000,000 is available for carrying out the provisions of
Public Law 104-73: Provided further, That of the funds made
available under this heading, $253,932,000 shall be for the
program under title X of the Public Health Service Act to
provide for voluntary family planning projects: Provided
further, That amounts provided to said projects under such
title shall not be 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 $589,000,000 shall be for State AIDS Drug Assistance
Programs authorized by section 2616 of the Public Health
Service Act: Provided further, That of the amount provided
under this heading, $700,000 shall be for the American
Federation of Negro Affairs Education and Research Fund of
Philadelphia, $900,000 shall be for the Des Moines University
Osteopathic Medical Center, $250,000 shall be for the
University of Alaska, Anchorage, to train Alaska Natives as
psychologists, $900,000 shall be for Northeastern University
in Boston, Massachusetts to train doctors to serve in low-
income communities, $500,000 shall be for the University of
Alaska, Anchorage, to recruit and train nurses in rural
areas, and $230,000 shall be for the Illinois Poison Center:
Provided further, That, notwithstanding section 502(a)(1) of
the Social Security Act, not to exceed $113,728,000 is
available for carrying out special projects of regional and
national significance pursuant to section 501(a)(2) of such
Act, of which $5,000,000 is for Columbia Hospital for Women
Medical Center in Washington, D.C., to support community
outreach programs for women, $5,000,000 is for continuation
of the traumatic brain injury State demonstration projects,
and $100,000 is for St. Joseph's Health Services of Rhode
Island for the Providence Smiles dental program for low-
income children.
For special projects of regional and national significance
under section 501(a)(2) of the Social Security Act,
$30,000,000, which shall become available on October 1, 2001,
and shall remain available until September 30, 2002:
Provided, That such amount shall not be counted toward
compliance with the allocation required in section 502(a)(1)
of such Act: Provided further, That such amount shall be used
only for making competitive grants to provide abstinence
education (as defined in section 510(b)(2) of such Act) to
adolescents and for evaluations (including longitudinal
evaluations) of activities under the grants and for Federal
costs of administering the grants: Provided further, That
grants shall be made only to public and private entities
which agree that, with respect to an adolescent to whom the
entities provide abstinence education under such grant, the
entities will not provide to that adolescent any other
education regarding sexual conduct, except that, in the case
of an entity expressly required by law to provide health
information or services the adolescent shall not be precluded
from seeking health information or services from the entity
in a different setting than the setting in which the
abstinence education was provided: Provided further, That the
funds expended for such evaluations may not exceed 3.5
percent of such amount.
health education assistance loans program
Such sums as may be necessary to carry out the 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, $3,868,027,000, 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, and of which $104,527,000 for international
HIV/AIDS programs shall remain available until September 30,
2002: Provided, That in addition to amounts provided herein,
up to $71,690,000 shall be available from amounts available
under section 241 of the Public Health Service Act to carry
out the National Center for Health Statistics Surveys:
Provided further, That none of the funds made available for
injury prevention and control at the Centers for Disease
Control and Prevention may be used to 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: Provided
further, That funds obligated for influenza vaccine stockpile
in fiscal year 2000 and fiscal year 2001 shall be considered
as appropriated under Section 3 of Public Law 101-502.
National Institutes of Health
National Cancer Institute
For carrying out section 301 and title IV of the Public
Health Service Act with respect to cancer, $3,757,242,000.
National Heart, Lung, and Blood Institute
For carrying out section 301 and title IV of the Public
Health Service Act with respect to cardiovascular, lung, and
blood diseases, and blood and blood products, $2,299,866,000.
National Institute of Dental and Craniofacial Research
For carrying out section 301 and title IV of the Public
Health Service Act with respect to dental disease,
$306,448,000.
National Institute of Diabetes and Digestive and Kidney Diseases
For carrying out section 301 and title IV of the Public
Health Service Act with respect to diabetes and digestive and
kidney disease, $1,303,385,000.
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, $1,176,482,000.
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, $2,043,208,000.
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,
$1,535,823,000.
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, $976,455,000.
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, $510,611,000.
National Institute of Environmental Health Sciences
For carrying out section
s 301 and 311 and title IV of the
Public Health Service Act with respect to environmental
health sciences, $502,549,000.
National Institute on Aging
For carrying out section 301 and title IV of the Public
Health Service Act with respect to aging, $786,039,000.
National Institute of Arthritis and Musculoskeletal and Skin Diseases
For carrying out section 301 and title IV of the Public
Health Service Act with respect to arthritis and
musculoskeletal and skin diseases, $396,687,000.
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
[[Page
H12105]]
deafness and other communication disorders, $300,581,000.
National Institute of Nursing Research
For carrying out section 301 and title IV of the Public
Health Service Act with respect to nursing research,
$104,370,000.
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, $340,678,000.
National Institute on Drug Abuse
For carrying out section 301 and title IV of the Public
Health Service Act with respect to drug abuse, $781,327,000.
National Institute of Mental Health
For carrying out section 301 and title IV of the Public
Health Service Act with respect to mental health,
$1,107,028,000.
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,
$382,384,000.
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, $817,475,000: 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.
John E. Fogarty International Center
For carrying out the activities at the John E. Fogarty
International Center, $50,514,000.
National Library of Medicine
For carrying out section 301 and title IV of the Public
Health Service Act with respect to health information
communications, $246,801,000, of which $4,000,000 shall be
available until expended for improvement of 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.
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, $89,211,000.
National Center on Minority Health and Health Disparities
For carrying out section 301 and title IV of the Public
Health Service Act with respect to minority health and health
disparities research, $130,200,000.
Office of the Director
(including transfer of funds)
For carrying out the responsibilities of the Office of the
Director, National Institutes of Health, $213,581,000, of
which $48,271,000 shall be for the Office of AIDS 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, $153,790,000, to remain available until expended,
of which $47,300,000 shall be for the National Neuroscience
Research Center: Provided, That notwithstanding any other
provision of law, a single contract or related 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,
$2,958,001,000, of which $24,605,000 shall be available for
the projects and in the amounts specified in the statement of
the managers on the conference report accompanying this Act.
Agency for Healthcare Research and Quality
healthcare research and quality
For carrying out titles III and IX of the Public Health
Service Act, and part A of title XI of the Social Security
Act, $104,963,000; in addition, 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
$164,980,000.
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
$2,246,326,000, to be transferred from the Federal Hospital
Insura
Major Actions:
All articles in House section
CONFERENCE REPORT ON H.R. 4577, DEPARTMENTS OF LABOR, HEALTH AND HUMAN SERVICES, AND EDUCATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2001
(House of Representatives - December 15, 2000)
Text of this article available as:
TXT
PDF
[Pages
H12100-H12439]
CONFERENCE REPORT ON
H.R. 4577, DEPARTMENTS OF LABOR, HEALTH AND HUMAN
SERVICES, AND EDUCATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2001
Mr. YOUNG of Florida submitted the following conference report and
statement on the bill (
H.R. 4577) 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:
Conference Report (H. Rept. 106-1033)
The committee of conference on the disagreeing votes of the
two Houses on the amendment of the Senate to the bill (
H.R.
4577) ``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'', having met, after full and free
conference, have agreed to recommend and do recommend to
their respective Houses as follows:
That the House recede from its disagreement to the
amendment of the Senate, and agree to the same with
amendments, as follows:
In lieu of the matter stricken and inserted by said
amendment, insert:
Section 1. (a) The provisions of the following bills of the
106th 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.
(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 United
States Statutes at Large pursuant to section 112 of title 1,
United States Code, the Archivist of the United States shall
include after the date of approval at the end appendixes
setting forth the texts of the bills referred to in
subsection (a) of this section and the text of any other bill
enacted into law by reference by reason of the enactment of
this Act.
Sec. 2. (a) Notwithstanding Rule 3 of the Budget
Scorekeeping Guidelines set forth in the joint explanatory
statement of the committee of conference accompanying
Conference Report 105-217, legislation enacted in section 505
of the Department of Transportation and Related Agencies
Appropriations Act, 2001, section 312 of the Legislative
Branch Appropriations Act, 2001, titles X and XI of
H.R. 5548
(106th Congress) as enacted by
H.R. 4942 (106th Congress),
Division B of
H.R. 5666 (106th Congress) as enacted by this
Act, and sections 1(a)(5) through 1(a)(9) of this Act that
would have been estimated by the Office of Management and
Budget as changing direct spending or receipts under section
252 of the Balanced Budget and Emergency Deficit Control Act
of 1985 were it included in an Act other than an
appropriations Act shall be treated as direct spending or
receipts legislation, as appropriate, under section 252 of
the Balanced Budget and Emergency Deficit Control Act of
1985.
(b) In preparing the final sequestration report required by
section 254(f)(3) of the Balanced Budget and Emergency
Deficit Control Act of 1985 for fiscal year 2001, in addition
to the information required by that section, the Director of
the Office of Management and Budget shall change any balance
of direct spending and receipts legislation for fiscal year
2001 under section 252 of that Act to zero.
This Act may be cited as the ``Consolidated Appropriations
Act, 2001''.
Amend the title of the bill so as to read:
``An Act making consolidated appropriations for the fiscal
year ending September 30, 2001, and for other purposes.''.
And the Senate agree to the same.
John Edward Porter,
[[Page
H12101]]
C.W. Bill Young,
Henry Bonilla,
Ernest J. Istook, Jr.,
Dan Miller,
Jay Dickey,
Roger F. Wicker,
Anne M. Northup,
Randy ``Duke'' Cunningham,
David R. Obey,
Steny H. Hoyer,
Nancy Pelosi,
Nita M. Lowey,
Rosa L. DeLauro,
Jesse L. Jackson, Jr.
(Except elimination of LIHEAP and CCDBG advanced funding;
immigration and charitable choice provisions.)
Managers on the Part of the House.
Arlen Specter,
Thad Cochran,
Slade Gorton,
Judd Gregg,
Kay Bailey Hutchison,
Ted Stevens,
Pete V. Domenici,
Tom Harkin,
Ernest F. Hollings,
Daniel K. Inouye,
Harry Reid,
Herb Kohl,
Patty Murray,
Dianne Feinstein,
Robert C. Byrd,
Managers on the Part of the Senate.
JOINT EXPLANATORY STATEMENT OF THE COMMITTEE OF CONFERENCE
The managers on the part of the House and Senate at the
conference on the disagreeing votes of the two Houses on the
amendment of the Senate to the bill (
H.R. 4577) making
appropriations for the Departments of Labor, Health and Human
Services, and Education, and Related Agencies, and for other
purposes, submit the following joint statement of the House
and Senate in explanation of the effect of the action agreed
upon by the managers and recommended in the accompanying
conference report.
This conference agreement includes more than the
Departments of Labor, Health and Human Services, and
Education, and Related Agencies Appropriations Act, 2001. The
conference agreement has been expanded to including the
Legislative Branch Appropriations Act, 2001; the Treasury and
General Government Appropriations Act, 2001; the
Miscellaneous Appropriations Act, 2001; the Commodity Futures
Modernization Act of 2000; the Medicare, Medicaid, and SCHIP
Benefits Improvement and Protection Act of 2000; the
Community Renewal Tax Relief Act of 2000; the New Markets
Venture Capital Program Act of 2000; and the Small Business
Reauthorization Act of 2000; as well as the Departments of
Labor, Health and Human Services, and Education, and Related
Agencies Appropriations Act, 2001. The provisions of all of
these Acts have been enacted into law by reference in this
conference report; however, a copy of the referenced
legislation has been included in this statement for
convenience.
DEPARTMENTS OF LABOR, HEALTH AND HUMAN SERVICES, AND EDUCATION, AND
RELATED AGENCIES APPROPRIATIONS
The conference agreement would enact the provisions of
H.R.
5656 as introduced on December 14, 2000. The text of that
bill follows:
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; the Women in Apprenticeship and Nontraditional
Occupations Act; and the National Skill Standards Act of
1994; $3,207,805,000 plus reimbursements, of which
$1,808,465,000 is available for obligation for the period
July 1, 2001 through June 30, 2002; of which $1,377,965,000
is available for obligation for the period April 1, 2001
through June 30, 2002, including $1,102,965,000 to carry out
chapter 4 of the Workforce Investment Act and $275,000,000 to
carry out section 169 of such Act; and of which $20,375,000
is available for the period July 1, 2001 through June 30,
2004 for necessary expenses of construction, rehabilitation,
and 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: Provided further, That of the
funds made available for Job Corps operating expenses in the
Department of Labor Appropriations Act, 2000, as enacted by
section 1000(a)(4) of Public Law 106-113, $586,487 shall be
paid to the city of Vergennes, Vermont in settlement of the
city's claim: Provided further, That $4,600,000 provided
herein for dislocated worker employment and training
activities shall be made available to the New Mexico
Telecommunications Call Center Training Consortium for
training in telecommunications-related occupations.
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 title V of the Older Americans Act of 1965, as
amended, $440,200,000.
Federal Unemployment Benefits and Allowances
For payments during the current fiscal year of trade
adjustment benefit payments and allowances under part I; and
for training, allowances for job search and 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, $193,452,000,
together with not to exceed $3,172,246,000 (including not to
exceed $1,228,000 which may be used for amortization payments
to States which had independent retirement plans in their
State 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
$193,452,000, together with not to exceed $773,283,000 of
the amount which may be expended from said trust fund,
shall be available for obligation for the period July 1,
2001 through June 30, 2002, to fund 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
[[Page
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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, $110,651,000, 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, $107,832,000.
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, $361,491,000, together with $1,985,000
which may be expended from the Special Fund in accordance
with section
s 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,
$34,910,000 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, $23,371,000; (2) for conversion to a
paperless office, $7,005,000; (3) for communications
redesign, $1,750,000; (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)
For payments from the Black Lung Disability Trust Fund,
$1,028,000,000, of which $975,343,000 shall be available
until September 30, 2002, for payment of all benefits as
authorized by section 9501(d)(1), (2), (4), and (7) of the
Internal Revenue Code of 1954, as amended, and interest on
advances as authorized by section 9501(c)(2) of that Act, and
of which $30,393,000 shall be available for transfer to
Employment Standards 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
payment into miscellaneous receipts for the expenses of the
Department of Treasury, for expenses of operation and
administration of the Black Lung Benefits program as
authorized by section 9501(d)(5) of that Act: Provided, That,
in addition, such amounts as may be necessary may be charged
to the subsequent year appropriation for the payment of
compensation, interest, or other benefits for any period
subsequent to August 15 of the current year.
Occupational Safety and Health Administration
Salaries and Expenses
For necessary expenses for the Occupational Safety and
Health Administration, $425,983,000, including not to exceed
$88,493,000 which shall be the maximum amount available for
grants to States under section 23(g) of the Occupational
Safety and Health Act, which grants shall be no less than 50
percent of the costs of State 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
[[Page
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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, $246,747,000, 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 Mine
Safety and Health 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,
$374,327,000, 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, and $37,000,000 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; $380,529,000; together with not to
exceed $310,000, which may be expended from the Employment
Security Administration account in the Unemployment Trust
Fund: Provided, That no funds made available by this Act may
be used by the Solicitor of Labor to participate in a review
in any United States court of appeals of any decision made by
the 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, $24,800,000, of which
$7,300,000 shall be available for obligation for the period
July 1, 2001, through June 30, 2002.
Office of Inspector General
For salaries and expenses of the Office of Inspector
General in carrying out the provisions of the Inspector
General Act of 1978, as amended, $50,015,000, together with
not to exceed $4,770,000, which may be expended from the
Employment Security Administration account in the
Unemployment Trust Fund.
GENERAL PROVISIONS
Sec. 101. None of the funds appropriated in this title for
the Job Corps shall be used to pay the compensation of an
individual, either as direct costs or any proration as an
indirect cost, at a rate in excess of Executive Level II.
(transfer of funds)
Sec. 102. Not to exceed 1 percent of any 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. 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, 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. No funds appropriated in this Act or any other
Act making appropriations for fiscal year 2001 may be used to
implement or enforce the proposed and final regulations
appearing in 65 Fed. Reg. 43528-43583, regarding temporary
alien labor certification applications and petitions for
admission of nonimmigrant workers, or any similar or
successor rule with an effective date prior to October 1,
2001: Provided, That nothing in this section shall prohibit
the development or revision of such a rule, or the
publication of any similar or successor proposed or final
rule, or the provision of training or technical assistance,
or other activities necessary and appropriate in preparing to
implement such a rule with an effective date after September
30, 2001.
Sec. 105. Section 218(c)(4) of the Immigration and
Nationality Act (8 U.S.C. 1188(c)(4)) is amended by adding at
the end the following new sentence: ``The determination as to
whether the housing furnished by an employer for an H-2A
worker meets the requirements imposed by this paragraph must
be made prior to the date specified in paragraph (3)(A) by
which the Secretary of Labor is required to make a
certification described in subsection (a)(1) with respect to
a petition for the importation of such worker.''.
Sec. 106. Section 286(s)(6) of the Immigration and
Naturalization Act (8 U.S.C. 1356(s)(6)) is amended by
inserting, ``and section 212(a)(5)(A)'' after the second
reference to ``section 212(n)(1)''.
Sec. 107. (a) Section 403(a)(5) of the Social Security Act
(as amended by section 806(b) of the Departments of Labor,
Health and Human Services, and Education, and Related
Agencies Appropriations Act, 2000 (as 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) 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) 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) The amendments made by subsections (a), (b), and (c) of
this section shall take effect on October 1, 2000.
This title may be cited as the ``Department of Labor
Appropriations Act, 2001''.
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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, the Native
Hawaiian Health Care Act of 1988, as amended, and the Poison
Control Center Enhancement and Awareness Act, $5,525,476,000,
of which $226,224,000 shall be available for the construction
and renovation of health care and other facilities, and of
which $25,000,000 from general revenues, notwithstanding
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 1128E(d)(2) of the Social Security Act,
shall be sufficient to recover the full costs of operating
the program, and shall remain available until expended to
carry out that Act: Provided further, That no more than
$5,000,000 is available for carrying out the provisions of
Public Law 104-73: Provided further, That of the funds made
available under this heading, $253,932,000 shall be for the
program under title X of the Public Health Service Act to
provide for voluntary family planning projects: Provided
further, That amounts provided to said projects under such
title shall not be 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 $589,000,000 shall be for State AIDS Drug Assistance
Programs authorized by section 2616 of the Public Health
Service Act: Provided further, That of the amount provided
under this heading, $700,000 shall be for the American
Federation of Negro Affairs Education and Research Fund of
Philadelphia, $900,000 shall be for the Des Moines University
Osteopathic Medical Center, $250,000 shall be for the
University of Alaska, Anchorage, to train Alaska Natives as
psychologists, $900,000 shall be for Northeastern University
in Boston, Massachusetts to train doctors to serve in low-
income communities, $500,000 shall be for the University of
Alaska, Anchorage, to recruit and train nurses in rural
areas, and $230,000 shall be for the Illinois Poison Center:
Provided further, That, notwithstanding section 502(a)(1) of
the Social Security Act, not to exceed $113,728,000 is
available for carrying out special projects of regional and
national significance pursuant to section 501(a)(2) of such
Act, of which $5,000,000 is for Columbia Hospital for Women
Medical Center in Washington, D.C., to support community
outreach programs for women, $5,000,000 is for continuation
of the traumatic brain injury State demonstration projects,
and $100,000 is for St. Joseph's Health Services of Rhode
Island for the Providence Smiles dental program for low-
income children.
For special projects of regional and national significance
under section 501(a)(2) of the Social Security Act,
$30,000,000, which shall become available on October 1, 2001,
and shall remain available until September 30, 2002:
Provided, That such amount shall not be counted toward
compliance with the allocation required in section 502(a)(1)
of such Act: Provided further, That such amount shall be used
only for making competitive grants to provide abstinence
education (as defined in section 510(b)(2) of such Act) to
adolescents and for evaluations (including longitudinal
evaluations) of activities under the grants and for Federal
costs of administering the grants: Provided further, That
grants shall be made only to public and private entities
which agree that, with respect to an adolescent to whom the
entities provide abstinence education under such grant, the
entities will not provide to that adolescent any other
education regarding sexual conduct, except that, in the case
of an entity expressly required by law to provide health
information or services the adolescent shall not be precluded
from seeking health information or services from the entity
in a different setting than the setting in which the
abstinence education was provided: Provided further, That the
funds expended for such evaluations may not exceed 3.5
percent of such amount.
health education assistance loans program
Such sums as may be necessary to carry out the 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, $3,868,027,000, 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, and of which $104,527,000 for international
HIV/AIDS programs shall remain available until September 30,
2002: Provided, That in addition to amounts provided herein,
up to $71,690,000 shall be available from amounts available
under section 241 of the Public Health Service Act to carry
out the National Center for Health Statistics Surveys:
Provided further, That none of the funds made available for
injury prevention and control at the Centers for Disease
Control and Prevention may be used to 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: Provided
further, That funds obligated for influenza vaccine stockpile
in fiscal year 2000 and fiscal year 2001 shall be considered
as appropriated under Section 3 of Public Law 101-502.
National Institutes of Health
National Cancer Institute
For carrying out section 301 and title IV of the Public
Health Service Act with respect to cancer, $3,757,242,000.
National Heart, Lung, and Blood Institute
For carrying out section 301 and title IV of the Public
Health Service Act with respect to cardiovascular, lung, and
blood diseases, and blood and blood products, $2,299,866,000.
National Institute of Dental and Craniofacial Research
For carrying out section 301 and title IV of the Public
Health Service Act with respect to dental disease,
$306,448,000.
National Institute of Diabetes and Digestive and Kidney Diseases
For carrying out section 301 and title IV of the Public
Health Service Act with respect to diabetes and digestive and
kidney disease, $1,303,385,000.
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, $1,176,482,000.
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, $2,043,208,000.
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,
$1,535,823,000.
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, $976,455,000.
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, $510,611,000.
National Institute of Environmental Health Sciences
For carrying out section
s 301 and 311 and title IV of the
Public Health Service Act with respect to environmental
health sciences, $502,549,000.
National Institute on Aging
For carrying out section 301 and title IV of the Public
Health Service Act with respect to aging, $786,039,000.
National Institute of Arthritis and Musculoskeletal and Skin Diseases
For carrying out section 301 and title IV of the Public
Health Service Act with respect to arthritis and
musculoskeletal and skin diseases, $396,687,000.
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
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deafness and other communication disorders, $300,581,000.
National Institute of Nursing Research
For carrying out section 301 and title IV of the Public
Health Service Act with respect to nursing research,
$104,370,000.
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, $340,678,000.
National Institute on Drug Abuse
For carrying out section 301 and title IV of the Public
Health Service Act with respect to drug abuse, $781,327,000.
National Institute of Mental Health
For carrying out section 301 and title IV of the Public
Health Service Act with respect to mental health,
$1,107,028,000.
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,
$382,384,000.
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, $817,475,000: 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.
John E. Fogarty International Center
For carrying out the activities at the John E. Fogarty
International Center, $50,514,000.
National Library of Medicine
For carrying out section 301 and title IV of the Public
Health Service Act with respect to health information
communications, $246,801,000, of which $4,000,000 shall be
available until expended for improvement of 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.
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, $89,211,000.
National Center on Minority Health and Health Disparities
For carrying out section 301 and title IV of the Public
Health Service Act with respect to minority health and health
disparities research, $130,200,000.
Office of the Director
(including transfer of funds)
For carrying out the responsibilities of the Office of the
Director, National Institutes of Health, $213,581,000, of
which $48,271,000 shall be for the Office of AIDS 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, $153,790,000, to remain available until expended,
of which $47,300,000 shall be for the National Neuroscience
Research Center: Provided, That notwithstanding any other
provision of law, a single contract or related 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,
$2,958,001,000, of which $24,605,000 shall be available for
the projects and in the amounts specified in the statement of
the managers on the conference report accompanying this Act.
Agency for Healthcare Research and Quality
healthcare research and quality
For carrying out titles III and IX of the Public Health
Service Act, and part A of title XI of the Social Security
Act, $104,963,000; in addition, 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
$164,980,000.
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
$2,246,326,000, 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 fun
