ILW.COM - CONFERENCE REPORT ON H.R. 4577

[Congressional Record: December 15, 2000 (House)] [Page H12100-H12150] From the Congressional Record Online via GPO Access [wais.access.gpo.gov] [DOCID:cr15de00-39] 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 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 sections 39(c), 44(d) and 44(j) of the Longshore and Harbor Workers' Compensation Act: Provided, That $2,000,000 shall be for the development of an alternative system for the electronic submission of reports required to be filed under the Labor-Management Reporting and Disclosure Act of 1959, as amended, and for a computer database of the information for each submission by whatever means, that is indexed and easily searchable by the public via the Internet: Provided further, That the Secretary of Labor is authorized to accept, retain, and spend, until expended, in the name of the Department of Labor, all sums of money ordered to be paid to the Secretary of Labor, in accordance with the terms of the Consent Judgment in Civil Action No. 91-0027 of the United States District Court for the District of the Northern Mariana Islands (May 21, 1992): Provided further, That the Secretary of Labor is authorized to establish and, in accordance with 31 U.S.C. 3302, collect and deposit in the Treasury fees for processing applications and issuing certificates under sections 11(d) and 14 of the Fair Labor Standards Act of 1938, as amended (29 U.S.C. 211(d) and 214) and for processing applications and issuing registrations under title I of the Migrant and Seasonal Agricultural Worker Protection Act (29 U.S.C. 1801 et seq.). Special Benefits (including transfer of funds) For the payment of compensation, benefits, and expenses (except administrative expenses) accruing during the current or any prior fiscal year authorized by title 5, chapter 81 of the United States Code; continuation of benefits as provided for under the heading ``Civilian War Benefits'' in the Federal Security Agency Appropriation Act, 1947; the Employees' Compensation Commission Appropriation Act, 1944; sections 4(c) and 5(f) of the War Claims Act of 1948 (50 U.S.C. App. 2012); and 50 percent of the additional compensation and benefits required by section 10(h) of the Longshore and Harbor Workers' Compensation Act, as amended, $56,000,000 together with such amounts as may be necessary to be charged to the subsequent year appropriation for the payment of compensation and other benefits for any period subsequent to August 15 of the current year: Provided, That amounts appropriated may be used under section 8104 of title 5, United States Code, by the Secretary of Labor to reimburse an employer, who is not the employer at the time of injury, for portions of the salary of a reemployed, disabled beneficiary: Provided further, That balances of reimbursements unobligated on September 30, 2000, shall remain available until expended for the payment of compensation, benefits, and expenses: Provided further, That in addition there shall be transferred to this appropriation from the Postal Service and from any other corporation or instrumentality required under section 8147(c) of title 5, United States Code, to pay an amount for its fair share of the cost of administration, such sums as the Secretary determines to be the cost of administration for employees of such fair share entities through September 30, 2001: Provided further, That of those funds transferred to this account from the fair share entities to pay the cost of administration, $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 H12103]] 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 H12104]] 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 sections 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 Insurance and the Federal Supplementary Medical Insurance Trust Funds, as authorized by section 201(g) of the Social Security Act; together with all funds collected in accordance with section 353 of the Public Health Service Act and such sums as may be collected from authorized user fees and the sale of data, which shall remain available until expended, and together with administrative fees collected relative to Medicare overpayment recovery activities, which shall remain available until expended: Provided, That all funds derived in accordance with 31 U.S.C. 9701 from organizations established under title XIII of the Public Health Service Act shall be credited to and available for carrying out the purposes of this appropriation: Provided further, That $18,000,000 appropriated under this heading for the managed care system redesign shall remain available until expended: Provided further, That $20,000,000 of the amount available for research, demonstration, and evaluation activities shall be available to continue carrying out demonstration projects on Medicaid coverage of community-based attendant care services for people with disabilities which ensures maximum control by the consumer to select and manage their attendant care services: Provided further, That the Secretary of Health and Human Services is directed to enter into an agreement with the Mind-Body Institute of Boston, Massachusetts to conduct a demonstration of a lifestyle modification program: Provided further, That $2,800,000 of the amount available for research, demonstration, and evaluation activities shall be awarded for administration, evaluation, quality monitoring and peer review of this lifestyle modification demonstration: Provided further, That $2,800,000 of the amount available for research, demonstration, and evaluation activities shall be awarded to a joint application from the University of Pittsburgh, Case Western Reserve in Cleveland, Ohio, and Mt. Sinai Hospital in Miami, Florida, to use integrated nursing services and technology to implement daily monitoring of congestive heart failure patients in underserved populations in accordance with established clinical guidelines: Provided further, That $500,000 of the amount available for research, demonstration, and evaluation activities shall be awarded to the University of Pittsburgh Medical Center and University of Pennsylvania for a study of the efficacy of surgical versus non- surgical management of abdominal aneurysms: Provided further, That $650,000 of the amount available for research, demonstration, and evaluation activities shall be awarded to the Vascular Surgery Outcome Initiative at Dartmouth College: Provided further, That up to $300,000 of the amount available for research, demonstration, and evaluation activities shall be awarded to the United States-Mexico Border Counties Coalition for a study to determine the unreimbursed costs incurred to treat undocumented aliens for medical emergencies in southwest border States, their border counties, and hospitals within the jurisdiction of these States and counties: Provided further, That $1,700,000 of the amount available for research, demonstration, and evaluation activities shall be awarded to the AIDS Healthcare Foundation in Los Angeles for a demonstration of residential and outpatient treatment facilities: Provided further, That $350,000 of the amount available for research, demonstration, and evaluation activities shall be awarded to the Cook County, Illinois Bureau of Health for the Asthma Champion Initiative demonstration to reduce morbidity and mortality from asthma in high prevalence areas: Provided further, That $1,000,000 of the amount available [[Page H12106]] for research, demonstration, and evaluation activities shall be awarded to the West Virginia University School of Medicine's Eye Center to test interventions and improve the quality of life for individuals with low vision, with a particular focus on the elderly: Provided further, That $1,000,000 of the amount available for research, demonstration, and evaluation activities shall be awarded to the Iowa Department of Public Health for the establishment and operation of a mercantile prescription drug purchasing cooperative or non-profit corporation demonstration: Provided further, That $691,000 of the amount available for research, demonstration, and evaluation activities shall be awarded to Ohio State University to determine the benefits of compliance packaging: Provided further, That $855,000 of the amount available for research, demonstration and evaluation activities shall be awarded to Children's Hospice International for a demonstration project to provide a continuum of care for children with life-threatening conditions and their families: Provided further, That $921,000 of the amount available for research, demonstration, and evaluation activities shall be awarded to Equip for Equality for a demonstration project to document the impact of an independent investigative unit that will examine deaths or other serious allegations of abuse and neglect of people with disabilities at facilities in Illinois: Provided further, That $1,000,000 of the amount available for research, demonstration, and evaluation activities shall be awarded to Duke University Medical Center to demonstrate the potential savings in the Medicare program of a reimbursement system based on preventative care: Provided further, That $1,843,000 of the amount available for research, demonstration, and evaluation activities shall be awarded to Bucks County, Pennsylvania, for a health improvement project: Provided further, That $255,000 of the amount available for research, demonstration, and evaluation activities shall be awarded to the LA Care Health Plan in Los Angeles, California for a demonstration program to improve clinical data coordination among Medicaid providers: Provided further, That $646,000 of the amount available for research, demonstration, and evaluation activities shall be for the Shelby County Regional Medical Center to establish a Master Patient Index to determine patient Medicaid/TennCare eligibility: Provided further, That the Secretary of Health and Human Services is directed to collect fees in fiscal year 2001 from Medicare+Choice organizations pursuant to section 1857(e)(2) of the Social Security Act and from eligible organizations with risk- sharing contracts under section 1876 of that Act pursuant to section 1876(k)(4)(D) of that Act. health maintenance organization loan and loan guarantee fund For carrying out subsections (d) and (e) of section 1308 of the Public Health Service Act, any amounts received by the Secretary in connection with loans and loan guarantees under title XIII of the Public Health Service Act, to be available without fiscal year limitation for the payment of outstanding obligations. During fiscal year 2001, no commitments for direct loans or loan guarantees shall be made. Administration for Children and Families payments to states for child support enforcement and family support programs For making payments to States or other non-Federal entities under titles I, IV-D, X, XI, XIV, and XVI of the Social Security Act and the Act of July 5, 1960 (24 U.S.C. ch. 9), $2,441,800,000, to remain available until expended; and for such purposes for the first quarter of fiscal year 2002, $1,000,000,000, to remain available until expended. For making payments to each State for carrying out the program of Aid to Families with Dependent Children under title IV-A of the Social Security Act before the effective date of the program of Temporary Assistance to Needy Families (TANF) with respect to such State, such sums as may be necessary: Provided, That the sum of the amounts available to a State with respect to expenditures under such title IV-A in fiscal year 1997 under this appropriation and under such title IV-A as amended by the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 shall not exceed the limitations under section 116(b) of such Act. For making, after May 31 of the current fiscal year, payments to States or other non-Federal entities under titles I, IV-D, X, XI, XIV, and XVI of the Social Security Act and the Act of July 5, 1960 (24 U.S.C. ch. 9), for the last 3 months of the current year for unanticipated costs, incurred for the current fiscal year, such sums as may be necessary. low income home energy assistance For making payments under title XXVI of the Omnibus Budget Reconciliation Act of 1981, in addition to amounts already appropriated for fiscal year 2001, $300,000,000. For making payments under title XXVI of the Omnibus Reconciliation Act of 1981, $300,000,000: Provided, That these funds are hereby designated by the Congress to be emergency requirements pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985: Provided further, That these funds shall be made available only after submission to the Congress of a formal budget request by the President that includes designation of the entire amount of the request as an emergency requirement as defined in such Act. Refugee and Entrant Assistance For making payments for refugee and entrant assistance activities authorized by title IV of the Immigration and Nationality Act and section 501 of the Refugee Education Assistance Act of 1980 (Public Law 96-422), $423,109,000: Provided, That funds appropriated pursuant to section 414(a) of the Immigration and Nationality Act for fiscal year 2001 shall be available for the costs of assistance provided and other activities through September 30, 2003: Provided further, That up to $5,000,000 is available to carry out the Trafficking Victims Protection Act of 2000. For carrying out section 5 of the Torture Victims Relief Act of 1998 (Public Law 105-320), $10,000,000. Payments to States for the Child Care and Development Block Grant For carrying out sections 658A through 658R of the Omnibus Budget Reconciliation Act of 1981 (The Child Care and Development Block Grant Act of 1990), in addition to amounts already appropriated for fiscal year 2001, $817,328,000, such funds shall be used to supplement, not supplant state general revenue funds for child care assistance for low-income families: Provided, That of the funds appropriated for fiscal year 2001, $19,120,000 shall be available for child care resource and referral and school-aged child care activities, of which $1,000,000 shall be for the Child Care Aware toll free hotline: Provided further, That of the funds appropriated for fiscal year 2001, in addition to the amounts required to be reserved by the States under section 658G, $272,672,000 shall be reserved by the States for activities authorized under section 658G, of which $100,000,000 shall be for activities that improve the quality of infant and toddler child care: Provided further, That of the funds appropriated for fiscal year 2001, $10,000,000 shall be for use by the Secretary for child care research, demonstration, and evaluation activities. social services block grant For making grants to States pursuant to section 2002 of the Social Security Act, $1,725,000,000: Provided, That notwithstanding section 2003(c) of such Act, as amended, the amount specified for allocation under such section for fiscal year 2001 shall be $1,725,000,000: Provided further, That, notwithstanding subparagraph (B) of section 404(d)(2) of such Act, the applicable percent specified under such subparagraph for a State to carry out State programs pursuant to title XX of such Act shall be 10 percent. children and families services programs (including rescissions) For carrying out, except as otherwise provided, the Runaway and Homeless Youth Act, the Developmental Disabilities Assistance and Bill of Rights Act, the Head Start Act, the Child Abuse Prevention and Treatment Act, the Native American Programs Act of 1974, title II of Public Law 95- 266 (adoption opportunities), the Adoption and Safe Families Act of 1997 (Public Law 105-89), the Abandoned Infants Assistance Act of 1988, the Early Learning Opportunities Act, part B(1) of title IV and sections 413, 429A, 1110, and 1115 of the Social Security Act, and sections 40155, 40211, and 40241 of Public law 103-322; for making payments under the Community Services Block Grant Act, section 473A of the Social Security Act, and title IV of Public Law 105-285, and for necessary administrative expenses to carry out said Acts and titles I, IV, X, XI, XIV, XVI, and XX of the Social Security Act, the Act of July 5, 1960 (24 U.S.C. ch. 9), the Omnibus Budget Reconciliation Act of 1981, title IV of the Immigration and Nationality Act, section 501 of the Refugee Education Assistance Act of 1980, section 5 of the Torture Victims Relief Act of 1998 (Public Law 105-320), sections 40155, 40211, and 40241 of Public Law 103-322 and section 126 and titles IV and V of Public Law 100-485, $7,956,345,000, of which $43,000,000, to remain available until September 30, 2002, shall be for grants to States for adoption incentive payments, as authorized by section 473A of title IV of the Social Security Act (42 U.S.C. 670-679) and may be made for adoptions completed in fiscal years 1999 and 2000; of which $682,876,000 shall be for making payments under the Community Services Block Grant Act; and of which $6,200,000,000 shall be for making payments under the Head Start Act, of which $1,400,000,000 shall become available October 1, 2001 and remain available through September 30, 2002: Provided, That to the extent Community Services Block Grant funds are distributed as grant funds by a State to an eligible entity as provided under the Act, and have not been expended by such entity, they shall remain with such entity for carryover into the next fiscal year for expenditure by such entity consistent with program purposes: Provided further, That the Secretary shall establish procedures regarding the disposition of intangible property which permits grant funds, or intangible assets acquired with funds authorized under section 680 of the Community Services Block Grant Act, as amended, to become the sole property of such grantees after a period of not more than 12 years after the end of the grant for purposes and uses consistent with the original grant. Funds appropriated for fiscal year 2001 under section 429A(e), part B of title IV of the Social Security Act shall be reduced by $6,000,000. Funds appropriated for fiscal year 2001 under section 413(h)(1) of the Social Security Act shall be reduced by $15,000,000. promoting safe and stable families For carrying out section 430 of the Social Security Act, $305,000,000. payments to states for foster care and adoption assistance For making payments to States or other non-Federal entities under title IV-E of the Social Security Act, $4,863,100,000. For making payments to States or other non-Federal entities under title IV-E of the Social Security Act, for the first quarter of fiscal year 2002, $1,735,900,000. Administration on Aging Aging Services Programs For carrying out, to the extent not otherwise provided, the Older Americans Act of 1965, as amended, and section 398 of the Public Health [[Page H12107]] Service Act, $1,103,135,000, of which $5,000,000 shall be available for activities regarding medication management, screening, and education to prevent incorrect medication and adverse drug reactions: Provided, That notwithstanding section 308(b)(1) of the Older Americans Act of 1965, as amended, the amounts available to each State for administration of the State plan under title III of such Act shall be reduced not more than 5 percent below the amount that was available to such State for such purpose for fiscal year 1995. Office of the Secretary general departmental management For necessary expenses, not otherwise provided, for general departmental management, including hire of six sedans, and for carrying out titles III, XVII, and XX of the Public Health Service Act, and the United States-Mexico Border Health Commission Act, $285,224,000, together with $5,851,000, to be transferred and expended as authorized by section 201(g)(1) of the Social Security Act from the Hospital Insurance Trust Fund and the Supplemental Medical Insurance Trust Fund: Provided further, That of the funds made available under this heading for carrying out title XX of the Public Health Service Act, $10,377,000 shall be for activities specified under section 2003(b)(2), of which $10,157,000 shall be for prevention service demonstration grants under section 510(b)(2) of title V of the Social Security Act, as amended, without application of the limitation of section 2010(c) of said title XX: Provided further, That no funds shall be obligated for minority AIDS prevention and treatment activities until the Department of Health and Human Services submits an operating plan to the House and Senate Committees on Appropriations. office of inspector general For expenses necessary for the Office of Inspector General in carrying out the provisions of the Inspector General Act of 1978, as amended, $33,849,000: Provided, That of such amount, necessary sums are available for providing protective services to the Secretary and investigating non-payment of child support cases for which non-payment is a Federal offense under 18 U.S.C. 228, each of which activities is hereby authorized in this and subsequent fiscal years. office for civil rights For expenses necessary for the Office for Civil Rights, $24,742,000, together with not to exceed $3,314,000, to be transferred and expended as authorized by section 201(g)(1) of the Social Security Act from the Hospital Insurance Trust Fund and the Supplemental Medical Insurance Trust Fund. policy research For carrying out, to the extent not otherwise provided, research studies under section 1110 of the Social Security Act, $16,738,000. retirement pay and medical benefits for commissioned officers For retirement pay and medical benefits of Public Health Service Commissioned Officers as authorized by law, for payments under the Retired Serviceman's Family Protection Plan and Survivor Benefit Plan, for medical care of dependents and retired personnel under the Dependents' Medical Care Act (10 U.S.C. ch. 55), and for payments pursuant to section 229(b) of the Social Security Act (42 U.S.C. 429(b)), such amounts as may be required during the current fiscal year. public health and social services emergency fund For expenses necessary to support activities related to countering potential biological, disease and chemical threats to civilian populations, $241,231,000: Provided, That this amount is distributed as follows: Centers for Disease Control and Prevention, $181,131,000, of which $32,000,000 shall be for the Health Alert Network and $18,040,000 shall be for the continued study of the anthrax vaccine; and Office of Emergency Preparedness, $60,100,000. GENERAL PROVISIONS Sec. 201. Funds appropriated in this title shall be available for not to exceed $37,000 for official reception and representation expenses when specifically approved by the Secretary. Sec. 202. The Secretary shall make available through assignment not more than 60 employees of the Public Health Service to assist in child survival activities and to work in AIDS programs through and with funds provided by the Agency for International Development, the United Nations International Children's Emergency Fund or the World Health Organization. Sec. 203. None of the funds appropriated under this Act may be used to implement section 399L(b) of the Public Health Service Act or section 1503 of the National Institutes of Health Revitalization Act of 1993, Public Law 103-43. Sec. 204. None of the funds appropriated in this Act for the National Institutes of Health and the Substance Abuse and Mental Health Services Administration shall be used to pay the salary of an individual, through a grant or other extramural mechanism, at a rate in excess of Executive Level I. Sec. 205. None of the funds appropriated in this Act may be expended pursuant to section 241 of the Public Health Service Act, except for funds specifically provided for in this Act, or for other taps and assessments made by any office located in the Department of Health and Human Services, prior to the Secretary's preparation and submission of a report to the Committee on Appropriations of the Senate and of the House detailing the planned uses of such funds. (transfer of funds) Sec. 206. Not to exceed 1 percent of any discretionary funds (pursuant to the Balanced Budget and Emergency Deficit Control Act of 1985, as amended) which are appropriated for the current fiscal year for the Department of Health and Human Services in this Act may be transferred between appropriations, but no such appropriation shall be increased by more than 3 percent by any such transfer: Provided, That the Appropriations Committees of both Houses of Congress are notified at least 15 days in advance of any transfer. Sec. 207. The Director of the National Institutes of Health, jointly with the Director of the Office of AIDS Research, may transfer up to 3 percent among institutes, centers, and divisions from the total amounts identified by these two Directors as funding for research pertaining to the human immunodeficiency virus: Provided, That the Congress is promptly notified of the transfer. Sec. 208. Of the amounts made available in this Act for the National Institutes of Health, the amount for research related to the human immunodeficiency virus, as jointly determined by the Director of the National Institutes of Health and the Director of the Office of AIDS Research, shall be made available to the ``Office of AIDS Research'' account. The Director of the Office of AIDS Research shall transfer from such account amounts necessary to carry out section 2353(d)(3) of the Public Health Service Act. Sec. 209. None of the funds appropriated in this Act may be made available to any entity under title X of the Public Health Service Act unless the applicant for the award certifies to the Secretary that it encourages family participation in the decision of minors to seek family planning services and that it provides counseling to minors on how to resist attempts to coerce minors into engaging in sexual activities. Sec. 210. None of the funds appropriated by this Act (including funds appropriated to any trust fund) may be used to carry out the Medicare+Choice program if the Secretary denies participation in such program to an otherwise eligible entity (including a Provider Sponsored Organization) because the entity informs the Secretary that it will not provide, pay for, provide coverage of, or provide referrals for abortions: Provided, That the Secretary shall make appropriate prospective adjustments to the capitation payment to such an entity (based on an actuarially sound estimate of the expected costs of providing the service to such entity's enrollees): Provided further, That nothing in this section shall be construed to change the Medicare program's coverage for such services and a Medicare+Choice organization described in this section shall be responsible for informing enrollees where to obtain information about all Medicare covered services. Sec. 211. Notwithstanding any other provision of law, no provider of services under title X of the Public Health Service Act shall be exempt from any State law requiring notification or the reporting of child abuse, child molestation, sexual abuse, rape, or incest. Sec. 212. The Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1990 (Public Law 101- 167) is amended-- (1) in section 599D (8 U.S.C. 1157 note)-- (A) in subsection (b)(3), by striking ``1997, 1998, 1999, and 2000'' and inserting ``1997, 1998, 1999, 2000 and 2001''; and (B) in subsection (e), by striking ``October 1, 2000'' each place it appears and inserting ``October 1, 2001''; and (2) in section 599E (8 U.S.C. 1255 note) in subsection (b)(2), by striking ``September 30, 2000'' and inserting ``September 30, 2001''. Sec. 213. None of the funds provided in this Act or in any other Act making appropriations for fiscal year 2001 may be used to administer or implement in Arizona or in the Kansas City, Missouri or in the Kansas City, Kansas area the Medicare Competitive Pricing Demonstration Project (operated by the Secretary of Health and Human Services). Sec. 214. (a) Except as provided by subsection (e) none of the funds appropriated by this Act may be used to withhold substance abuse funding from a State pursuant to section 1926 of the Public Health Service Act (42 U.S.C. 300x-26) if such State certifies to the Secretary of Health and Human Services by March 1, 2001 that the State will commit additional State funds, in accordance with subsection (b), to ensure compliance with State laws prohibiting the sale of tobacco products to individuals under 18 years of age. (b) The amount of funds to be committed by a State under subsection (a) shall be equal to 1 percent of such State's substance abuse block grant allocation for each percentage point by which the State misses the retailer compliance rate goal established by the Secretary of Health and Human Services under section 1926 of such Act. (c) The State is to maintain State expenditures in fiscal year 2001 for tobacco prevention programs and for compliance activities at a level that is not less than the level of such expenditures maintained by the State for fiscal year 2000, and adding to that level the additional funds for tobacco compliance activities required under subsection (a). The State is to submit a report to the Secretary on all fiscal year 2000 State expenditures and all fiscal year 2001 obligations for tobacco prevention and compliance activities by program activity by July 31, 2001. (d) The Secretary shall exercise discretion in enforcing the timing of the State obligation of the additional funds required by the certification described in subsection (a) as late as July 31, 2001. (e) None of the funds appropriated by this Act may be used to withhold substance abuse funding pursuant to section 1926 from a territory that receives less than $1,000,000. Sec. 215. Section 448 of the Public Health Service Act (42 U.S.C. 285g) is amended by inserting ``gynecologic health,'' after ``with respect to''. Sec. 216. None of the funds appropriated under this Act shall be expended by the National Institutes of Health on a contract for the care of the 288 chimpanzees acquired by the National Institutes of Health from the Coulston [[Page H12108]] Foundation, unless the contractor is accredited by the Association for the Assessment and Accreditation of Laboratory Animal Care International or has a Public Health Services assurance, and has not been charged multiple times with egregious violations of the Animal Welfare Act: Provided, That the requirements of section 481(A)(e)(1) shall not apply to funds awarded to nonhuman primate research facilities of special interest to NIH. Sec. 217. No grants may be awarded under the first paragraph under the heading ``Department of Health and Human Services, Health Resources and Services Administration, Health Resources and Services'' in chapter 4 of title II of the Emergency Supplemental Act, 2000 (Public Law 106-246, division B) until March 1, 2001. Sec. 218. (a) The second sentence of section 5948(d) of title 5, United States Code, is amended to read as follows: ``No agreement shall be entered into under this section later than September 30, 2005, nor shall any agreement cover a period of service extending beyond September 30, 2007.''. (b) Section 3 of the Federal Physicians Comparability Allowance Act of 1978 (5 U.S.C. 5948 note) is amended by striking ``September 30, 2002'' and inserting ``September 30, 2007''. Sec. 219. (a) Congress makes the following findings: (1) Organ procurement organizations play an important role in the effort to increase organ donation in the United States. (2) The current process for the certification and recertification of organ procurement organizations conducted by the Department of Health and Human Services has created a level of uncertainty that is interfering with the effectiveness of organ procurement organizations in raising the level of organ donation. (3) The General Accounting Office, the Institute of Medicine, and the Harvard School of Public Health have identified substantial limitations in the organ procurement organization certification and recertification process and have recommended changes in that process. (4) The limitations in the recertification process include: (A) An exclusive reliance on population-based measures of performance that do not account for the potential in the population for organ donation and do not permit consideration of other outcome and process standards that would more accurately reflect the relative capability and performance of each organ procurement organization. (B) A lack of due process to appeal to the Secretary of Health and Human Services for recertification on either substantive or procedural grounds. (5) The Secretary of Health and Human Services has the authority under section 1138(b)(1)(A)(i) of the Social Security Act (42 U.S.C. 1320b-8(b)(1)(A)(i)) to extend the period for recertification of an organ procurement organization from 2 to 4 years on the basis of its past practices in order to avoid the inappropriate disruption of the nation's organ system. (6) The Secretary of Health and Human Services can use the extended period described in paragraph (5) for recertification of all organ procurement organizations to-- (A) develop improved performance measures that would reflect organ donor potential and interim outcomes, and to test these measures to ensure that they accurately measure performance differences among the organ procurement organizations; and (B) improve the overall certification process by incorporating process as well as outcome performance measures, and developing equitable processes for appeals. (b) Section 371(b)(1) of the Public Health Service Act (42 U.S.C. 273(b)(1)) is amended-- (1) by redesignating subparagraphs (D) through (G) as subparagraphs (E) through (H), respectively; (2) by realigning the margin of subparagraph (F) (as so redesignated) so as to align with subparagraph (E) (as so redesignated); and (3) by inserting after subparagraph (C) the following: ``(D) notwithstanding any other provision of law, has met the other requirements of this section and has been certified or recertified by the Secretary within the previous 4-year period as meeting the performance standards to be a qualified organ procurement organization through a process that either-- ``(i) granted certification or recertification within such 4-year period with such certification or recertification in effect as of January 1, 2000, and remaining in effect through the earlier of-- ``(I) January 1, 2002; or ``(II) the completion of recertification under the requirements of clause (ii); or ``(ii) is defined through regulations that are promulgated by the Secretary by not later than January 1, 2002, that-- ``(I) require recertifications of qualified organ procurement organizations not more frequently than once every 4 years; ``(II) rely on outcome and process performance measures that are based on empirical evidence, obtained through reasonable efforts, of organ donor potential and other related factors in each service area of qualified organ procurement organizations; ``(III) use multiple outcome measures as part of the certification process; and ``(IV) provide for a qualified organ procurement organization to appeal a decertification to the Secretary on substantive and procedural grounds;''. Sec. 220. (a) In order for the Centers for Disease Control and Prevention to carry out international HIV/AIDS and other infectious disease, chronic and environmental disease, and other health activities abroad during fiscal year 2001, the Secretary of Health and Human Services is authorized to-- (1) utilize the authorities contained in subsection 2(c) of the State Department Basic Authorities Act of 1956, as amended, subject to the limitations set forth in subsection (b), and (2) enter into reimbursable agreements with the Department of State using any funds appropriated to the Department of Health and Human Services, for the purposes for which the funds were appropriated in accordance with authority granted to the Secretary of Health and Human Services or under authority governing the activities of the Department of State. (b) In exercising the authority set forth in subsection (a)(1), the Secretary of Health and Human Services-- (1) shall not award contracts for performance of an inherently governmental function; and (2) shall follow otherwise applicable Federal procurement laws and regulations to the maximum extent practicable. Sec. 221. Notwithstanding any other provision of law, the Director, National Institutes of Health, may enter into and administer a long-term lease for facilities for the purpose of providing laboratory, office and other space for biomedical and behavioral research at the Bayview Campus in Baltimore, Maryland: Provided, That the House and Senate Appropriations Committees will be notified of the terms and conditions of the lease upon its execution. Sec. 222. Of the funds appropriated in this Act for the National Institutes of Health, $5,800,000 shall be transferred to the Office of the Secretary, General Departmental Management to support the newly established Office for Human Research Protections. Sec. 223. Section 487E(a)(1) of the Public Health Service Act is amended by striking ``as employees of the National Institutes of Health''. Sec. 224. Notwithstanding any other provision of law relating to vacancies in offices for which appointments must be made by the President, including any time limitation on serving in an acting capacity, the Acting Director of the National Institutes of Health as of January 12, 2000, may serve in that position until a new Director of the National Institutes of Health is confirmed by the Senate. Sec. 225. The National Neuroscience Research Center to be constructed on the National Institutes of Health Bethesda campus is hereby named the John Edward Porter Neuroscience Research Center. This title may be cited as the ``Department of Health and Human Services Appropriations Act, 2001''. TITLE III--DEPARTMENT OF EDUCATION Education Reform For carrying out activities authorized by title IV of the Goals 2000: Educate America Act as in effect prior to September 30, 2000, and sections 3122, 3132, 3136, and 3141, parts B, C, and D of title III, and section 10105 and part I of title X of the Elementary and Secondary Education Act of 1965, $1,880,710,000, of which $38,000,000 shall be for the Goals 2000: Educate America Act, and of which $191,950,000 shall be for section 3122: Provided, That up to one-half of 1 percent of the amount available under section 3132 shall be set aside for the outlying areas, to be distributed on the basis of their relative need as determined by the Secretary in accordance with the purposes of the program: Provided further, That if any State educational agency does not apply for a grant under section 3132, that State's allotment under section 3131 shall be reserved by the Secretary for grants to local educational agencies in that State that apply directly to the Secretary according to the terms and conditions published by the Secretary in the Federal Register: Provided further, That with respect to all funds appropriated to carry out section 10901 et seq. in this Act, the Secretary shall strongly encourage applications for grants that are to be submitted jointly by a local educational agency (or a consortium of local educational agencies) and a community- based organization that has experience in providing before- and after-school services and all applications submitted to the Secretary shall contain evidence that the project contains elements that are designed to assist students in meeting or exceeding state and local standards in core academic subjects, as appropriate to the needs of participating children: Provided further, That $125,000,000, which shall become available on July 1, 2001, and remain available through September 30, 2002, shall be available to support activities under section 10105 of part A of title X of the Elementary and Secondary Education Act of 1965, of which up to 6 percent shall become available October 1, 2000, and be available for evaluation, technical assistance, school networking, peer review of applications, and program outreach activities: Provided further, That funds made available to local educational agencies under this section shall be used only for activities related to establishing smaller learning communities in high schools: Provided further, That $46,328,000 of the funds available to carry out section 3136 of the Elementary and Secondary Education Act of 1965, $8,768,000 of the funds available to carry out part B of title III of that Act and $20,614,000 of the funds available to carry out part I of title X of that Act shall be available for the projects and in the amounts specified in the statement of the managers on the conference report accompanying this Act. Education for the Disadvantaged For carrying out title I of the Elementary and Secondary Education Act of 1965, and section 418A of the Higher Education Act of 1965, $9,532,621,000, of which $2,731,921,000 shall become available on July 1, 2001, and shall remain available through September 30, 2002, and of which $6,758,300,000 shall become available on October 1, 2001 and shall remain available through September 30, 2002, for academic year 2001-2002: Provided, That $7,332,721,000 shall be available for basic grants under section 1124: [[Page H12109]] Provided further, That $225,000,000 of these funds shall be allocated among the States in the same proportion as funds are allocated among the States under section 1122, to carry out section 1116(c): Provided further, That 100 percent of these funds shall be allocated by states to local educational agencies for the purposes of carrying out section 1116(c): Provided further, That all local educational agencies receiving an allocation under the preceding proviso, and all other local educational agencies that are within a State that receives funds under part A of title I of the Elementary and Secondary Education Act of 1965 (other than a local educational agency within a State receiving a minimum grant under section 1124(d) or 1124A(a)(1)(B) of such Act), shall provide all students enrolled in a school identified under section 1116(c) with the option to transfer to another public school within the local educational agency, including a public charter school, that has not been identified for school improvement under section 1116(c), unless such option to transfer is prohibited by State law, or local law, which includes school board-approved local educational agency policy: Provided further, That if the local educational agency demonstrates to the satisfaction of the State educational agency that the local educational agency lacks the capacity to provide all students with the option to transfer to another public school, and after giving notice to the parents of children affected that it is not possible, consistent with State and local law, to accommodate the transfer request of every student, the local educational agency shall permit as many students as possible (who shall be selected by the local educational agency on an equitable basis) to transfer to a public school that has not been identified for school improvement under section 1116(c): Provided further, That up to $3,500,000 of these funds shall be available to the Secretary on October 1, 2000, to obtain updated local educational agency level census poverty data from the Bureau of the Census: Provided further, That $1,364,000,000 shall be available for concentration grants under section 1124A: Provided further, That grant awards under sections 1124 and 1124A of title I of the Elementary and Secondary Education Act of 1965 shall be not less than the greater of 100 percent of the amount each State and local educational agency received under this authority for fiscal year 2000 or the amount such State and local educational agency would receive if $6,883,503,000 for Basic Grants and $1,222,397,000 for Concentration Grants were allocated in accordance with section 1122(c)(3) of title I: Provided further, That notwithstanding any other provision of law, grant awards under section 1124A of title I of the Elementary and Secondary Education Act of 1965 shall be made to those local educational agencies that received a Concentration Grant under the Department of Education Appropriations Act, 2000, but are not eligible to receive such a grant for fiscal year 2001: Provided further, That the Secretary shall not take into account the hold harmless provisions in this section in determining State allocations under any other program administered by the Secretary in any fiscal year: Provided further, That $8,900,000 shall be available for evaluations under section 1501 and not more than $8,500,000 shall be reserved for section 1308, of which not more than $3,000,000 shall be reserved for section 1308(d): Provided further, That $210,000,000 shall be available under section 1002(g)(2) to demonstrate effective approaches to comprehensive school reform to be allocated and expended in accordance with the instructions relating to this activity in the statement of the managers on the conference report accompanying Public Law 105-78 and in the statement of the managers on the conference report accompanying Public Law 105-277: Provided further, That in carrying out this initiative, the Secretary and the States shall support only approaches that show the most promise of enabling children served by title I to meet challenging State content standards and challenging State student performance standards based on reliable research and effective practices, and include an emphasis on basic academics and parental involvement. impact aid For carrying out programs of financial assistance to federally affected schools authorized by title VIII of the Elementary and Secondary Education Act of 1965, $993,302,000, of which $882,000,000 shall be for basic support payments under section 8003(b), $50,000,000 shall be for payments for children with disabilities under section 8003(d), $12,802,000 shall be for construction under section 8007, $40,500,000 shall be for Federal property payments under section 8002, and $8,000,000, to remain available until expended, shall be for facilities maintenance under section 8008: Provided, That $6,802,000 of the funds for section 8007 shall be available for the local educational agencies and in the amounts specified in the statement of the managers on the conference report accompanying this Act: Provided further, That from the amount appropriated for section 8002, the Secretary shall treat as timely filed, and shall process for payment, an application for a fiscal year 1999 payment from Academy School District 20, Colorado, under that section if the Secretary has received that application not later than 30 days after the enactment of this Act: Provided further, That the Secretary of Education shall consider the local educational agency serving the Kadoka School District, 35-1, in South Dakota, eligible for payments under section 8002 for fiscal year 2001 and each succeeding fiscal year, with respect to land in Washabaugh and Jackson Counties, South Dakota, that is owned by the Department of Defense and used as a bombing range: Provided further, That from the amount appropriated for section 8002, the Secretary shall first increase the payment of any local educational agency that was denied funding or had its payment reduced under that section for fiscal year 1998 due to section 8002(b)(1)(C) to the amount that would have been made without the limitation of that section: Provided further, That from the amount appropriated for section 8002, $500,000 shall be for subsection 8002(j). School Improvement Programs For carrying out school improvement activities authorized by titles II, IV, V-A and B, VI, IX, X, and XIII of the Elementary and Secondary Education Act of 1965 (``ESEA''); the McKinney-Vento Homeless Assistance Act; and the Civil Rights Act of 1964 and part B of title VIII of the Higher Education Amendments of 1998; $4,872,084,000, of which $2,403,750,000 shall become available on July 1, 2001, and remain available through September 30, 2002, and of which $1,765,000,000 shall become available on October 1, 2001 and shall remain available through September 30, 2002 for academic year 2001-2002: Provided, That $485,000,000 shall be available for Eisenhower professional development State grants under part B of title II of the Elementary and Secondary Education Act of 1965: Provided further, That each local educational agency shall use funds in excess of the allocation it received under such part for the preceding fiscal year to improve teacher quality by reducing the percentage of teachers who do not have State certification or are certified through emergency or provisional means; are teaching out of field in some or all of the subject areas and grade levels in which they teach; or who lack sufficient content knowledge to teach effectively in the areas they teach to obtain that knowledge: Provided further, That the local educational agency may also use such excess funds for: activities authorized under section 2210 of the Elementary and Secondary Education Act of 1965; mentoring programs for new teachers; providing opportunities for teachers to attend multi-week institutes, such as those provided in the summer months, that provide intensive professional development in partnership with local educational agencies; and carrying out initiatives to promote the retention of highly qualified teachers who have a record of success in helping low-achieving students improve their academic success: Provided further, That each State educational agency may use such excess funds to carry out activities under section 2207 of the Elementary and Secondary Education Act of 1965: Provided further, That each State agency for higher education may use such excess funds to carry out activities under section 2211 of the Elementary and Secondary Education Act of 1965: Provided further, That both State educational agencies and State agencies for higher education may also use such excess funds for multi-week institutes, such as those provided in the summer months, that provide intensive professional development in partnership with local educational agencies; and grants to partnerships of such entities as local educational agencies, institutions of higher education, and private business, to recruit, and prepare, and provide professional development to, and help retain, school principals and superintendents, especially for such individuals who serve, or are preparing to serve, in high-poverty, low-performing schools and local educational agencies: Provided further, That such activities may be undertaken in consortium with other States: Provided further, That of the funds appropriated for part B of title II of the Elementary and Secondary Education Act of 1965, $45,000,000 shall be available to States and allocated in accordance with section 2202(b) of that Act (except that the requirements of section 2203 shall not apply): Provided further, That notwithstanding any other provision of law, each State shall use the amount made available under the preceding proviso to support efforts to meet the requirements for State eligibility for the Ed-Flex Partnership Act of 1999 or the requirements under section 1111 of title I of the Elementary and Secondary Education Act of 1965: Provided further, That $44,000,000 shall be available for national activities under section 2102 of the Elementary and Secondary Education Act of 1965: Provided further, That of the amount available in the preceding proviso, $3,000,000 shall be made available to the Secretary for the Troops- to-Teachers Program for transfer to the Defense Activity for Non-Traditional Education Support of the Department of Defense: Provided further, That the funds transferred under the preceding proviso shall be used by the Secretary of Defense to administer the Troops-to-Teachers Program, including the selection of participants in the Program under the Troops-to-Teachers Program Act of 1999 (title XVII of Public Law 106-65; 20 U.S.C. 9301 et seq.): Provided further, That for purposes of sections 1702(b) and (c) of the Troops-to-Teachers Program Act of 1999, the Secretary of Education shall be the administering Secretary and may, at the Secretary's discretion, carry out the activities under section 1702(c) of that Act and retain a portion of the funds made available for the Troops-to-Teachers Program to carry out section 1702(b) and (c) of that Act: Provided further, That of the amount made available under this heading for national activities under section 2102 of the Elementary and Secondary Education Act of 1965, the Secretary is authorized to use a portion of such funds to carry out activities to improve the knowledge and skills of early childhood educators and caregivers who work in urban or rural communities with high concentrations of young children living in poverty: Provided further, That of the amount appropriated, $3,208,000,000 shall be for title VI of the Elementary and Secondary Education Act of 1965 and to carry out activities under part B of the Individuals with Disabilities Education Act (20 U.S.C. 1411 et seq.): Provided further, That of the amount made available for title VI, [[Page H12110]] $1,623,000,000 shall be available, notwithstanding any other provision of law, in accordance with section 306 of this Act in order to reduce class size, particularly in the early grades, using highly qualified teachers to improve educational achievement for regular and special needs children: Provided further, That of the amount made available for title VI, $1,200,000,000 shall be available, notwithstanding any other provision of law, for grants for school repair and renovation, activities under part B of the Individuals with Disabilities Education Act (20 U.S.C. 1411 et seq.), and technology activities, in accordance with section 321 of this Act: Provided further, That funds made available under this heading to carry out section 6301(b) of the Elementary and Secondary Education Act of 1965 shall be available for education reform projects that provide same gender schools and classrooms, consistent with applicable law: Provided further, That of the amount made available to carry out activities authorized under part C of title IX of the Elementary and Secondary Education Act of 1965, $1,000,000 shall be for the Alaska Humanities Forum for operation of the Rose student exchange program and $1,000,000 shall be for the Alaska Native Heritage Center to support its program of cultural education activities: Provided further, That of the amount made available for subpart 2 of part A of title IV of the Elementary and Secondary Education Act of 1965, $10,000,000, to remain available until expended, shall be for Project School Emergency Response to Violence to provide education-related services to local educational agencies in which the learning environment has been disrupted due to a violent or traumatic crisis. reading excellence For necessary expenses to carry out the Reading Excellence Act, $91,000,000, which shall become available on July 1, 2001 and shall remain available through September 30, 2002 and $195,000,000 which shall become available on October 1, 2001 and remain available through September 30, 2002. Indian Education For expenses necessary to carry out, to the extent not otherwise provided, title IX, part A of the Elementary and Secondary Education Act of 1965, as amended, $115,500,000. Bilingual and Immigrant Education For carrying out, to the extent not otherwise provided, bilingual, foreign language and immigrant education activities authorized by parts A and C and section 7203 of title VII of the Elementary and Secondary Education Act of 1965, $460,000,000: Provided, That State educational agencies may use all, or any part of, their part C allocation for competitive grants to local educational agencies. special education For carrying out the Individuals with Disabilities Education Act, $7,439,948,000, of which $2,090,452,000 shall become available for obligation on July 1, 2001, and shall remain available through September 30, 2002, and of which $5,072,000,000 shall become available on October 1, 2001 and shall remain available through September 30, 2002, for academic year 2001-2002: Provided, That $9,500,000 shall be for Recording for the Blind and Dyslexic to support the development, production, and circulation of recorded educational materials: Provided further, That $1,500,000 shall be for the recipient of funds provided by Public Law 105-78 under section 687(b)(2)(G) of the Act to provide information on diagnosis, intervention, and teaching strategies for children with disabilities: Provided further, That $7,353,000 of the funds for section 672 of the Act shall be available for the projects and in the amounts specified in the statement of the managers on the conference report accompanying this Act. Rehabilitation Services and Disability Research For carrying out, to the extent not otherwise provided, the Rehabilitation Act of 1973, the Assistive Technology Act of 1998, and the Helen Keller National Center Act, $2,805,339,000: Provided, That the funds provided for title I of the Assistive Technology Act of 1998 (``the AT Act'') shall be allocated notwithstanding section 105(b)(1) of the AT Act: Provided further, That each State shall be provided $50,000 for activities under section 102 of the AT Act: Provided further, That $15,000,000 shall be used to support grants for up to three years to States under title III of the AT Act, of which the Federal share shall not exceed 75 percent in the first year, 50 percent in the second year, and 25 percent in the third year, and that the requirements in section 301(c)(2) and section 302 of that Act shall not apply to such grants: Provided further, That $4,600,000 of the funds for section 303 of the Rehabilitation Act of 1973 shall be available for the projects and in the amounts specified in the statement of the managers on the conference report accompanying this Act: Provided further, That $400,000 of the funds for title II of the Rehabilitation Act of 1973 shall be for the Cerebral Palsy Research Foundation in Wichita, Kansas for the establishment of a Rehabilitation Research and Training Center to study and recommend incentives for employers to hire persons with significant disabilities. Special Institutions for Persons With Disabilities american printing house for the blind For carrying out the Act of March 3, 1879, as amended (20 U.S.C. 101 et seq.), $12,000,000. national technical institute for the deaf For the National Technical Institute for the Deaf under titles I and II of the Education of the Deaf Act of 1986 (20 U.S.C. 4301 et seq.), $53,376,000, of which $5,376,000 shall be for construction and shall remain available until expended: Provided, That from the total amount available, the Institute may at its discretion use funds for the endowment program as authorized under section 207. gallaudet university For the Kendall Demonstration Elementary School, the Model Secondary School for the Deaf, and the partial support of Gallaudet University under titles I and II of the Education of the Deaf Act of 1986 (20 U.S.C. 4301 et seq.), $89,400,000: Provided, That from the total amount available, the University may at its discretion use funds for the endowment program as authorized under section 207. Vocational and Adult Education For carrying out, to the extent not otherwise provided, the Carl D. Perkins Vocational and Technical Education Act, the Adult Education and Family Literacy Act, and title VIII-D of the Higher Education Act of 1965, as amended, and Public Law 102-73, $1,825,600,000, of which $1,000,000 shall remain available until expended, and of which $1,028,000,000 shall become available on July 1, 2001 and shall remain available through September 30, 2002 and of which $791,000,000 shall become available on October 1, 2001 and shall remain available through September 30, 2002: Provided, That of the amounts made available for the Carl D. Perkins Vocational and Technical Education Act, $5,600,000 shall be for tribally controlled postsecondary vocational and technical institutions under section 117: Provided further, That $9,000,000 shall be for carrying out section 118 of such Act: Provided further, That of the amounts made available for the Carl D. Perkins Vocational and Technical Education Act, $5,000,000 shall be for demonstration activities authorized by section 207: Provided further, That of the amount provided for Adult Education State Grants, $70,000,000 shall be made available for integrated English literacy and civics education services to immigrants and other limited English proficient populations: Provided further, That of the amount reserved for integrated English literacy and civics education, notwithstanding section 211 of the Adult Education and Family Literacy Act, 65 percent shall be allocated to States based on a State's absolute need as determined by calculating each State's share of a 10-year average of the Immigration and Naturalization Service data for immigrants admitted for legal permanent residence for the 10 most recent years, and 35 percent allocated to States that experienced growth as measured by the average of the 3 most recent years for which Immigration and Naturalization Service data for immigrants admitted for legal permanent residence are available, except that no State shall be allocated an amount less than $60,000: Provided further, That of the amounts made available for the Adult Education and Family Literacy Act, $14,000,000 shall be for national leadership activities under section 243 and $6,500,000 shall be for the National Institute for Literacy under section 242: Provided further, That $22,000,000 shall be for Youth Offender Grants, of which $5,000,000 shall be used in accordance with section 601 of Public Law 102-73 as that section was in effect prior to the enactment of Public Law 105-220. Student Financial Assistance For carrying out subparts 1, 3 and 4 of part A, section 428K, part C and part E of title IV of the Higher Education Act of 1965, as amended, $10,674,000,000, which shall remain available through September 30, 2002. The maximum Pell Grant for which a student shall be eligible during award year 2001-2002 shall be $3,750: Provided, That notwithstanding section 401(g) of the Act, if the Secretary determines, prior to publication of the payment schedule for such award year, that the amount included within this appropriation for Pell Grant awards in such award year, and any funds available from the fiscal year 2000 appropriation for Pell Grant awards, are insufficient to satisfy fully all such awards for which students are eligible, as calculated under section 401(b) of the Act, the amount paid for each such award shall be reduced by either a fixed or variable percentage, or by a fixed dollar amount, as determined in accordance with a schedule of reductions established by the Secretary for this purpose. Federal Family Education Loan Program Account For Federal administrative expenses to carry out guaranteed student loans authorized by title IV, part B, of the Higher Education Act of 1965, as amended, $48,000,000. higher education For carrying out, to the extent not otherwise provided, section 121 and titles II, III, IV, V, VI, and VII of the Higher Education Act of 1965, as amended, section 1543 of the Higher Education Amendments of 1992 and title VIII of the Higher Education Amendments of 1998, and the Mutual Educational and Cultural Exchange Act of 1961, $1,911,710,000, of which $10,000,000 for interest subsidies authorized by section 121 of the Higher Education Act of 1965, shall remain available until expended: Provided, That $10,000,000, to remain available through September 30, 2002, shall be available to fund fellowships for academic year 2002-2003 under part A, subpart 1 of title VII of said Act, under the terms and conditions of part A, subpart 1: Provided further, That $3,000,000 is for data collection and evaluation activities for programs under the Higher Education Act of 1965, including such activities needed to comply with the Government Performance and Results Act of 1993: Provided further, That $15,000,000 shall be available for tribally controlled colleges and universities under section 316 of the Higher Education Act of 1965, of which $5,000,000 shall be used for construction and renovation: Provided further, That $250,000 shall be for the Web-Based Education Commission to continue activities authorized under part [[Page H12111]] J of title VIII of the Higher Education Amendments of 1998: Provided further, That $115,487,000 of the funds for part B of title VII of the Higher Education Act of 1965 shall be available for the projects and in the amounts specified in the statement of the managers on the conference report accompanying this Act. howard university For partial support of Howard University (20 U.S.C. 121 et seq.), $232,474,000, of which not less than $3,600,000 shall be for a matching endowment grant pursuant to the Howard University Endowment Act (Public Law 98-480) and shall remain available until expended. College Housing and Academic Facilities Loans Program For Federal administrative expenses authorized under section 121 of the Higher Education Act of 1965, $762,000 to carry out activities related to existing facility loans entered into under the Higher Education Act of 1965. Historically Black College and University Capital Financing Program Account The total amount of bonds insured pursuant to section 344 of title III, part D of the Higher Education Act of 1965 shall not exceed $357,000,000, and the cost, as defined in section 502 of the Congressional Budget Act of 1974, of such bonds shall not exceed zero. For administrative expenses to carry out the Historically Black College and University Capital Financing Program entered into pursuant to title III, part D of the Higher Education Act of 1965, as amended, $208,000. Education Research, Statistics, and Improvement For carrying out activities authorized by the Educational Research, Development, Dissemination, and Improvement Act of 1994, including part E; the National Education Statistics Act of 1994, including sections 411 and 412; section 2102 of title II, parts A, B, K, and L and sections 10102 and 10601 of title X, and part C of title XIII of the Elementary and Secondary Education Act of 1965, as amended, and title VI of Public Law 103-227, $732,721,000: Provided, That of the funds appropriated for part A of title X of the Elementary and Secondary Education Act of 1965, as amended, $5,000,000 shall be made available for a high school reform program of grants to State educational agencies to improve academic performance and provide technical skills training: Provided further, That of the funds appropriated for part A of title X of the Elementary and Secondary Education Act of 1965, as amended, $5,000,000 shall be made available to carry out part L of title X of the Act: Provided further, That of the amount available for part A of title X of the Elementary and Secondary Education Act of 1965, as amended, $5,000,000 shall be available for grants to State and local educational agencies, in collaboration with other agencies and organizations, for school dropout prevention programs designed to address the needs of populations or communities with the highest dropout rates: Provided further, That of the amount made available for part A of title X of the Elementary and Secondary Education Act of 1965, as amended, $50,000,000 shall be made available to enable the Secretary of Education to award grants to develop, implement, and strengthen programs to teach American history (not social studies) as a separate subject within school curricula: Provided further, That $53,000,000 of the amount available for the national education research institutes shall be allocated notwithstanding section 912(m)(1)(B-F) and subparagraphs (B) and (C) of section 931(c)(2) of Public Law 103-227 and $20,000,000 of that $53,000,000 shall be made available for the Interagency Education Research Initiative: Provided further, That of the funds appropriated for part A of title X of the Elementary and Secondary Education Act, as amended, $50,000,000 shall be available to demonstrate effective approaches to comprehensive school reform, to be allocated and expended in accordance with the instructions relating to this activity in the statement of managers on the conference report accompanying Public Law 105-78 and in the statement of the managers on the conference report accompanying Public Law 105-277: Provided further, That the funds made available for comprehensive school reform shall become available on July 1, 2001, and remain available through September 30, 2002, and in carrying out this initiative, the Secretary and the States shall support only approaches that show the most promise of enabling children to meet challenging State content standards and challenging State student performance standards based on reliable research and effective practices, and include an emphasis on basic academics and parental involvement: Provided further, That $139,624,000 of the funds for section 10101 of the Elementary and Secondary Education Act of 1965 shall be available for the projects and in the amounts specified in the statement of the managers on the conference report accompanying this Act: Provided further, That of the funds appropriated under section 10601 of title X of the Elementary and Secondary Education Act of 1965, as amended, $2,000,000 shall be used to conduct a violence prevention demonstration program: Provided further, That of the funds available for section 10601 of title X of the Elementary and Secondary Education Act of 1965, as amended, $150,000 shall be awarded to the Center for Educational Technologies to complete production and distribution of an effective CD-ROM product that would complement the ``We the People: The Citizen and the Constitution'' curriculum: Provided further, That, of the funds for title VI of Public Law 103-227 and notwithstanding the provisions of section 601(c)(1)(C) of that Act, $1,200,000 shall be available to the Center for Civic Education to conduct a civic education program with Northern Ireland and the Republic of Ireland and, consistent with the civics and Government activities authorized in section 601(c)(3) of Public Law 103-227, to provide civic education assistance to democracies in developing countries. The term ``developing countries'' shall have the same meaning as the term ``developing country'' in the Education for the Deaf Act. Departmental Management Program Administration For carrying out, to the extent not otherwise provided, the Department of Education Organization Act, including rental of conference rooms in the District of Columbia and hire of two passenger motor vehicles, $413,184,000. Office for Civil Rights For expenses necessary for the Office for Civil Rights, as authorized by section 203 of the Department of Education Organization Act, $76,000,000. Office of the Inspector General For expenses necessary for the Office of the Inspector General, as authorized by section 212 of the Department of Education Organization Act, $36,500,000. GENERAL PROVISIONS Sec. 301. No funds appropriated in this Act may be used for the transportation of students or teachers (or for the purchase of equipment for such transportation) in order to overcome racial imbalance in any school or school system, or for the transportation of students or teachers (or for the purchase of equipment for such transportation) in order to carry out a plan of racial desegregation of any school or school system. Sec. 302. None of the funds contained in this Act shall be used to require, directly or indirectly, the transportation of any student to a school other than the school which is nearest the student's home, except for a student requiring special education, to the school offering such special education, in order to comply with title VI of the Civil Rights Act of 1964. For the purpose of this section an indirect requirement of transportation of students includes the transportation of students to carry out a plan involving the reorganization of the grade structure of schools, the pairing of schools, or the clustering of schools, or any combination of grade restructuring, pairing or clustering. The prohibition described in this section does not include the establishment of magnet schools. Sec. 303. No funds appropriated under this Act may be used to prevent the implementation of programs of voluntary prayer and meditation in the public schools. (transfer of funds) Sec. 304. Not to exceed 1 percent of any discretionary funds (pursuant to the Balanced Budget and Emergency Deficit Control Act of 1985, as amended) which are appropriated for the Department of Education in this Act may be transferred between appropriations, but no such appropriation shall be increased by more than 3 percent by any such transfer: Provided, That the Appropriations Committees of both Houses of Congress are notified at least 15 days in advance of any transfer. Sec. 305. The Comptroller General of the United States shall evaluate the extent to which funds made available under part A of title I of the Elementary and Secondary Education Act of 1965 are allocated to schools and local educational agencies with the greatest concentrations of school-age children from low-income families, the extent to which allocations of such funds adjust to shifts in concentrations of pupils from low-income families in different regions, States, and substate areas, the extent to which the allocation of such funds encourages the targeting of State funds to areas with higher concentrations of children from low-income families, and the implications of current distribution methods for such funds, shall make formula and other policy recommendations to improve the targeting of such funds to more effectively serve low-income children in both rural and urban areas, and shall prepare interim and final reports based on the results of the study, to be submitted to Congress not later than February 1, 2001, and April 1, 2001. Sec. 306. (a) From the amount appropriated for title VI of the Elementary and Secondary Education Act of 1965 in accordance with this section, the Secretary of Education-- (1) shall make available a total of $6,000,000 to the Secretary of the Interior (on behalf of the Bureau of Indian Affairs) and the outlying areas for activities under this section; and (2) shall allocate the remainder by providing each State the same percentage of that remainder as it received of the funds allocated to States under section 307(a)(2) of the Department of Education Appropriations Act, 1999. (b)(1) Each State that receives funds under this section shall distribute 100 percent of such funds to local educational agencies, of which-- (A) 80 percent of such amount shall be allocated to such local educational agencies in proportion to the number of children, aged 5 to 17, who reside in the school district served by such local educational agency from families with incomes below the poverty line (as defined by the Office of Management and Budget and revised annually in accordance with section 673(2) of the Community Services Block Grant Act (42 U.S.C. 9902(2))) applicable to a family of the size involved for the most recent fiscal year for which satisfactory data are available compared to the number of such individuals who reside in the school districts served by all the local educational agencies in the State for that fiscal year; and (B) 20 percent of such amount shall be allocated to such local educational agencies in accordance with the relative enrollments of children, aged 5 to 17, in public and private nonprofit elementary and secondary schools within the boundaries of such agencies. (2) Notwithstanding paragraph (1), if the award to a local educational agency under this [[Page H12112]] section is less than the starting salary for a new fully qualified teacher in that agency, who is certified within the State (which may include certification through State or local alternative routes), has a baccalaureate degree, and demonstrates the general knowledge, teaching skills, and subject matter knowledge required to teach in his or her content areas, that agency may use funds under this section to (A) help pay the salary of a full- or part-time teacher hired to reduce class size, which may be in combination with other Federal, State, or local funds; or (B) pay for activities described in subsection (c)(2)(A)(iii) which may be related to teaching in smaller classes. (c)(1) The basic purpose and intent of this section is to reduce class size with fully qualified teachers. Each local educational agency that receives funds under this section shall use such funds to carry out effective approaches to reducing class size with fully qualified teachers who are certified within the State, including teachers certified through State or local alternative routes, and who demonstrate competency in the areas in which they teach, to improve educational achievement for both regular and special needs children, with particular consideration given to reducing class size in the early elementary grades for which some research has shown class size reduction is most effective. (2)(A) Each such local educational agency may use funds under this section for-- (i) recruiting (including through the use of signing bonuses, and other financial incentives), hiring, and training fully qualified regular and special education teachers (which may include hiring special education teachers to team-teach with regular teachers in classrooms that contain both children with disabilities and non-disabled children) and teachers of special-needs children who are certified within the State, including teachers certified through State or local alternative routes, have a baccalaureate degree and demonstrate the general knowledge, teaching skills, and subject matter knowledge required to teach in their content areas; (ii) testing new teachers for academic content knowledge and to meet State certification requirements that are consistent with title II of the Higher Education Act of 1965; and (iii) providing professional development (which may include such activities as those described in section 2210 of the Elementary and Secondary Education Act of 1965, opportunities for teachers to attend multi-week institutes, such as those made available during the summer months that provide intensive professional development in partnership with local educational agencies and initiatives that promote retention and mentoring), to teachers, including special education teachers and teachers of special-needs children, in order to meet the goal of ensuring that all instructional staff have the subject matter knowledge, teaching knowledge, and teaching skills necessary to teach effectively in the content area or areas in which they provide instruction, consistent with title II of the Higher Education Act of 1965. (B)(i) Except as provided under clause (ii), a local educational agency may use not more than a total of 25 percent of the award received under this section for activities described in clauses (ii) and (iii) of subparagraph (A). (ii) A local educational agency in which 10 percent or more of teachers in elementary schools, as defined by section 14101(14) of the Elementary and Secondary Education Act of 1965, have not met applicable State and local certification requirements (including certification through State or local alternative routes), or if such requirements have been waived, may use more than 25 percent of the funds it receives under this section for activities described in subparagraph (A)(iii) to help teachers who are not certified by the State become certified, including through State or local alternative routes, or to help teachers affected by class size reduction who lack sufficient content knowledge to teach effectively in the areas they teach to obtain that knowledge, if the local educational agency notifies the State educational agency of the percentage of the funds that it will use for the purpose described in this clause. (C) A local educational agency that has already reduced class size in the early grades to 18 or less children (or has already reduced class size to a State or local class size reduction goal that was in effect on the day before the enactment of the Department of Education Appropriations Act, 2000, if that State or local educational agency goal is 20 or fewer children) may use funds received under this section-- (i) to make further class size reductions in grades kindergarten through 3; (ii) to reduce class size in other grades; or (iii) to carry out activities to improve teacher quality including professional development. (D) If a local educational agency has already reduced class size in the early grades to 18 or fewer children and intends to use funds provided under this section to carry out professional development activities, including activities to improve teacher quality, then the State shall make the award under subsection (b) to the local educational agency. (3) Each such agency shall use funds under this section only to supplement, and not to supplant, State and local funds that, in the absence of such funds, would otherwise be spent for activities under this section. (4) No funds made available under this section may be used to increase the salaries or provide benefits, other than participation in professional development and enrichment programs, to teachers who are not hired under this section. Funds under this section may be used to pay the salary of teachers hired under section 307 of the Department of Education Appropriations Act, 1999, or under section 310 of the Department of Education Appropriations Act, 2000. (d)(1) Each State receiving funds under this section shall report on activities in the State under this section, consistent with section 6202(a)(2) of the Elementary and Secondary Education Act of 1965. (2) Each State and local educational agency receiving funds under this section shall publicly report to parents on its progress in reducing class size, increasing the percentage of classes in core academic areas taught by fully qualified teachers who are certified within the State and demonstrate competency in the content areas in which they teach, and on the impact that hiring additional highly qualified teachers and reducing class size, has had, if any, on increasing student academic achievement. (3) Each school receiving funds under this section shall provide to parents, upon request, the professional qualifications of their child's teacher. (e) If a local educational agency uses funds made available under this section for professional development activities, the agency shall ensure for the equitable participation of private nonprofit elementary and secondary schools in such activities. Section 6402 of the Elementary and Secondary Education Act of 1965 shall not apply to other activities under this section. (f) A local educational agency that receives funds under this section may use not more than 3 percent of such funds for local administrative costs. (g) Each local educational agency that desires to receive funds under this section shall include in the application required under section 6303 of the Elementary and Secondary Education Act of 1965 a description of the agency's program to reduce class size by hiring additional highly qualified teachers. (h) No funds under this section may be used to pay the salary of any teacher hired with funds under section 307 of the Department of Education Appropriations Act, 1999, unless, by the start of the 2001-2002 school year, the teacher is certified within the State (which may include certification through State or local alternative routes) and demonstrates competency in the subject areas in which he or she teaches. (i) Not later than 30 days after the date of the enactment of this Act, the Secretary shall provide specific notification to each local educational agency eligible to receive funds under this part regarding the flexibility provided under subsection (c)(2)(B)(ii) and the ability to use such funds to carry out activities described in subsection (c)(2)(A)(iii). Sec. 307. Section 412 of the National Education Statistics Act of 1994 (Public Law 103-382) is amended-- (1) in subsection 412(c)(1), after ``period of'' and before ``years,'', by striking ``3'' and inserting ``4''; and (2) after ``expiration of such term.'', by adding the following new subsection: ``(4) Conforming provision.--Members of the Board previously granted 3 year terms, whose terms are in effect on the date of enactment of the Department of Education Appropriations Act, 2001, shall have their terms extended by one year.''. Sec. 308. (a) Section 435(a)(2) of the Higher Education Act of 1965 (20 U.S.C. 1085(a)(2)) is amended by adding at the end thereof the following new subparagraph: ``(D) Notwithstanding the first sentence of subparagraph (A), the Secretary shall restore the eligibility to participate in a program under subpart 1 of part A, part B, or part D of an institution that did not appeal its loss of eligibility within 30 days of receiving notification if the Secretary determines, on a case-by-case basis, that the institution's failure to appeal was substantially justified under the circumstances, and that-- ``(i) the institution made a timely request that the appropriate guaranty agency correct errors in the draft data used to calculate the institution's cohort default rate; ``(ii) the guaranty agency did not correct the erroneous data in a timely fashion; and ``(iii) the institution would have been eligible if the erroneous data had been corrected by the guaranty agency.''. (b) The amendment made by subsection (a) of this section shall be effective for cohort default rate calculations for fiscal years 1997 and 1998. Sec. 309. Section 439(r)(2) of the Higher Education Act of 1965 (20 U.S.C. 1087-2(r)(2)) is amended-- (1) in clause (A)(i), by striking ``auditors and examiners'' and inserting ``and fix the compensation of such auditors and examiners as may be necessary''; and (2) by inserting at the end of subparagraph (E) the following new subparagraph: ``(F) Compensation of auditors and examiners.-- ``(i) Rates of pay.--Rates of basic pay for all auditors and examiners appointed pursuant to subparagraph (A) may be set and adjusted by the Secretary of the Treasury without regard to the provisions of chapter 51 or subchapter III of chapter 53 of title 5, United States Code. ``(ii) Comparability.-- ``(I) In general.--Subject to section 5373 of title 5, United States Code, the Secretary of the Treasury may provide additional compensation and benefits to auditors and examiners appointed pursuant to subparagraph (A) if the same type of compensation or benefits are then being provided by any agency referred to in section 1206 of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 (12 U.S.C. 1833b) or, if not then being provided, could be provided by such an agency under applicable provisions of law, rule, or regulation. ``(II) Consultation.--In setting and adjusting the total amount of compensation and benefits for auditors and examiners appointed pursuant to subparagraph (A), the Secretary of the Treasury shall consult with, and seek to maintain comparability with, the agencies referred to in section 1206 of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 (12 U.S.C. 1833b).''. [[Page H12113]] Sec. 310. Section 117(i) of the Carl D. Perkins Vocational and Technical Education Act of 1998 (20 U.S.C. 2327(i)) is amended by inserting ``such sums as may be necessary for'' before ``each of the 4 succeeding fiscal years.''. Sec. 311. Section 432(m)(1) of the Higher Education Act of 1965 (20 U.S.C. 1082(m)(1)) is amended-- (1) by striking clause (iv) of subparagraph (D); and (2) by adding at the end the following new subparagraph: ``(E) Perfection of security interests in student loans.-- ``(i) In general.--Notwithstanding the provisions of any State law to the contrary, including the Uniform Commercial Code as in effect in any State, a security interest in loans made under this part, on behalf of any eligible lender (as defined in section 435(d)) shall attach, be perfected, and be assigned priority in the manner provided by the applicable State's law for perfection of security interests in accounts, as such law may be amended from time to time (including applicable transition provisions). If any such State's law provides for a statutory lien to be created in such loans, such statutory lien may be created by the entity or entities governed by such State law in accordance with the applicable statutory provisions that created such a statutory lien. ``(ii) Collateral description.--In addition to any other method for describing collateral in a legally sufficient manner permitted under the laws of the State, the description of collateral in any financing statement filed pursuant to this subparagraph shall be deemed legally sufficient if it lists such loans, or refers to records (identifying such loans) retained by the secured party or any designee of the secured party identified in such financing statement, including the debtor or any loan servicer. ``(iii) Sales.--Notwithstanding clauses (i) and (ii) and any provisions of any State law to the contrary, other than any such State's law providing for creation of a statutory lien, an outright sale of loans made under this part shall be effective and perfected automatically upon attachment as defined in the Uniform Commercial Code of such State.''. Sec. 312. Section 435(a)(5) of the Higher Education Act of 1965 (20 U.S.C. 1085(a)(5)) is amended-- (1) in subparagraph (A)(i), by striking ``July 1, 2002,'' and inserting ``July 1, 2004,''; (2) in subparagraph (B), by striking ``1999, 2000, and 2001'' and inserting ``1999 through 2003''. Sec. 313. From the amounts made available for the ``Fund for the Improvement of Education'' under the heading ``Education Research, Statistics, and Improvement'', $10,000,000, to remain available until expended, shall be available to the Secretary of Education to be transferred to the Secretary of the Interior for an award to the National Constitution Center for construction activities authorized under Public Law 100-433. Sec. 314. Section 4116(b)(4) of the Elementary and Secondary Education Act of 1965 is amended by striking subparagraph (D) and inserting in lieu thereof: ``(D) the development and implementation of character education and training programs that reflect the values of parents, teachers, and local communities, and incorporate elements of good character, including honesty, citizenship, courage, justice, respect, personal responsibility, and trustworthiness; and''. Sec. 315. The Secretary of Education shall review the nursing program operated by Graceland University in Lamoni, Iowa, and may exercise the waiver authority provided in section 102(a)(3)(B) of the Higher Education Act of 1965, without regard to the provisions of 34 CFR 600.7(b)(3)(ii), if the Secretary determines that such a waiver is appropriate. Sec. 316. Section 415 of the Higher Education Act of 1965 is amended-- (1) in section 415A(a)(2), by striking ``section 415F'' and inserting ``section 415E''; (2) in section 415E, by striking 415E(c) and inserting in lieu thereof the following: ``(c) Authorized Activities.--Each State receiving a grant under this section may use the grant funds for-- ``(1) making awards that-- ``(A) supplement grants received under section 415C(b)(2) by eligible students who demonstrate financial need; or ``(B) provide grants under section 415C(b)(2) to additional eligible students who demonstrate financial need; ``(2) providing scholarships for eligible students-- ``(A) who demonstrate financial need; and ``(B) who-- ``(i) desire to enter a program of study leading to a career in-- ``(I) information technology; ``(II) mathematics, computer science, or engineering; ``(III) teaching; or ``(IV) another field determined by the State to be critical to the State's workforce needs; or ``(ii) demonstrate merit or academic achievement; and ``(3) making awards that-- ``(A) supplement community service work-study awards received under section 415C(b)(2) by eligible students who demonstrate financial need; or ``(B) provide community service work-study awards under section 415C(b)(2) to additional eligible students who demonstrate financial need.''. (3) in section 415E, adding at the end the following new subsections: ``(f) Special Rule.--Notwithstanding subsection (d), for purposes of determining a State's share of the cost of the authorized activities described in subsection (c), the State shall consider only those expenditures from non-Federal sources that exceed its total expenditures for need-based grants, scholarships, and work-study assistance for fiscal year 1999 (including any such assistance provided under this subpart). ``(g) Use of Funds for Administrative Costs Prohibited.--A State receiving a grant under this section shall not use any of the grant funds to pay administrative costs associated with any of the authorized activities described in subsection (c).''. Sec. 317. (a) Section 402D of the Higher Education Act of 1965 (20 U.S.C. 1070a-14) is amended-- (1) by redesignating subsection (c) as subsection (d); and (2) by inserting after subsection (b) the following new subsection: ``(c) Special Rule.-- ``(1) Use for student aid.--A recipient of a grant that undertakes any of the permissible services identified in subsection (b) may, in addition, use such funds to provide grant aid to students. A grant provided under this paragraph shall not exceed the maximum appropriated Pell Grant or, be less than the minimum appropriated Pell Grant, for the current academic year. In making grants to students under this subsection, an institution shall ensure that adequate consultation takes place between the student support service program office and the institution's financial aid office. ``(2) Eligible students.--For purposes of receiving grant aid under this subsection, eligible students shall be current participants in the student support services program offered by the institution and be-- ``(A) students who are in their first 2 years of postsecondary education and who are receiving Federal Pell Grants under subpart 1; or ``(B) students who have completed their first 2 years of postsecondary education and who are receiving Federal Pell Grants under subpart 1 if the institution demonstrates to the satisfaction of the Secretary that-- ``(i) these students are at high risk of dropping out; and ``(ii) it will first meet the needs of all its eligible first- and second-year students for services under this paragraph. ``(3) Determination of need.--A grant provided to a student under paragraph (1) shall not be considered in determining that student's need for grant or work assistance under this title, except that in no case shall the total amount of student financial assistance awarded to a student under this title exceed that student's cost of attendance, as defined in section 472. ``(4) Matching required.--A recipient of a grant who uses such funds for the purpose described in paragraph (1) shall match the funds used for such purpose, in cash, from non- Federal funds, in an amount that is not less than 33 percent of the total amount of funds used for that purpose. This paragraph shall not apply to any grant recipient that is an institution of higher education eligible to receive funds under part A or B of title III or title V. ``(5) Reservation.--In no event may a recipient use more than 20 percent of the funds received under this section for grant aid. ``(6) Supplement, not supplant.--Funds received by a grant recipient that are used under this subsection shall be used to supplement, and not supplant, non-Federal funds expended for student support services programs.''. (b) The amendments made by subsection (a) shall apply with respect to student support services grants awarded on or after the date of enactment of this Act. Sec. 318. (a) Subparagraph (B) of section 427A(c)(4) of the Higher Education Act of 1965 (20 U.S.C. 1077a(c)(4)) is amended to read as follows: ``(B)(i) For any 12-month period beginning on July 1 and ending on or before June 30, 2001, the rate determined under this subparagraph is determined on the preceding June 1 and is equal to-- ``(I) the bond equivalent rate of 52-week Treasury bills auctioned at the final auction held prior to such June 1; plus ``(II) 3.25 percent. ``(ii) For any 12-month period beginning on July 1 of 2001 or any succeeding year, the rate determined under this subparagraph is determined on the preceding June 26 and is equal to-- ``(I) the weekly average 1-year constant maturity Treasury yield, as published by the Board of Governors of the Federal Reserve System, for the last calendar week ending on or before such June 26; plus ``(II) 3.25 percent.''. (b) Subparagraph (A) of section 455(b)(4) of such Act (20 U.S.C. 1087e(b)(4)) is amended to read as follows: ``(A)(i) For Federal Direct PLUS Loans for which the first disbursement is made on or after July 1, 1994, the applicable rate of interest shall, during any 12-month period beginning on July 1 and ending on or before June 30, 2001, be determined on the preceding June 1 and be equal to-- ``(I) the bond equivalent rate of 52-week Treasury bills auctioned at final auction held prior to such June 1; plus ``(II) 3.1 percent, except that such rate shall not exceed 9 percent. ``(ii) For any 12-month period beginning on July 1 of 2001 or any succeeding year, the applicable rate of interest determined under this subparagraph shall be determined on the preceding June 26 and be equal to-- ``(I) the weekly average 1-year constant maturity Treasury yield, as published by the Board of Governors of the Federal Reserve System, for the last calendar week ending on or before such June 26; plus ``(II) 3.1 percent, except that such rate shall not exceed 9 percent.''. Sec. 319. Section 1543 of the Higher Education Amendments of 1992 (20 U.S.C. 1070 note) is [[Page H12114]] amended by adding at the end the following new subsection: ``(e) Designation.--Scholarships awarded under this section shall be known as `B. J. Stupak Olympic Scholarships'.''. Sec. 320. (a) Subject to subsection (c), the Secretary of Education shall release the reversionary interests that were retained by the United States, as part of the conveyance of certain real property situated in the County of Marin, State of California, in an April 3, 1978 Quitclaim Deed, which was filed for record on June 5, 1978, in Book 3384, at page 33, of the official Records of Marin County, California. (b) The Secretary shall execute the release of the reversionary interests under subsection (a) without consideration. (c) The Secretary shall execute and file in the appropriate office or offices a deed of release, amended deed, or other appropriate instruments effectuating the release of the reversionary interests under subsection (a). In all other respects the provisions of the April 3, 1978 Quitclaim Deed shall remain intact. Sec. 321. (a) Grants to Native American Schools and State Educational Agencies.-- (1) Allocation of funds.--Of the amount made available under the heading ``School improvement programs'' for grants made in accordance with this section for school repair and renovation, activities under part B of the Individuals with Disabilities Education Act (20 U.S.C. 1411 et seq.), and technology activities, the Secretary of Education shall allocate-- (A) $75,000,000 for grants to impacted local educational agencies (as defined in paragraph (3)) for school repair, renovation, and construction; (B) $3,250,000 for grants to outlying areas for school repair and renovation in high-need schools and communities, allocated on such basis, and subject to such terms and conditions, as the Secretary determines appropriate; (C) $25,000,000 for grants to public entities, private nonprofit entities, and consortia of such entities, for use in accordance with subpart 2 of part C of title X of the Elementary and Secondary Education Act of 1965; and (D) the remainder to State educational agencies in proportion to the amount each State received under part A of title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311 et seq.) for fiscal year 2000, except that no State shall receive less than 0.5 percent of the amount allocated under this subparagraph. (2) Determination of grant amount.-- (A) Determination of weighted student units.--For purposes of computing the grant amounts under paragraph (1)(A) for fiscal year 2001, the Secretary shall determine the results obtained by the computation made under section 8003 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7703) with respect to children described in subsection (a)(1)(C) of such section and computed under subsection (a)(2)(B) of such section for such year-- (i) for each impacted local educational agency that receives funds under this section; and (ii) for all such agencies together. (B) Computation of payment.--For fiscal year 2001, the Secretary shall calculate the amount of a grant to an impacted local educational agency by-- (i) dividing the amount described in paragraph (1)(A) by the results of the computation described in subparagraph (A)(ii); and (ii) multiplying the number derived under clause (i) by the results of the computation described in subparagraph (A)(i) for such agency. (3) Definition.--For purposes of this section, the term ``impacted local educational agency'' means, for fiscal year 2001-- (A) a local educational agency that receives a basic support payment under section 8003(b) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7703(b)) for such fiscal year; and (B) with respect to which the number of children determined under section 8003(a)(1)(C) of such Act for the preceding school year constitutes at least 50 percent of the total student enrollment in the schools of the agency during such school year. (b) Within-State Allocations.-- (1) Administrative costs.-- (A) State educational agency administration.--Except as provided in subparagraph (B), each State educational agency may reserve not more than 1 percent of its allocation under subsection (a)(1)(D) for the purpose of administering the distribution of grants under this subsection. (B) State entity administration.--If the State educational agency transfers funds to a State entity described in paragraph (2)(A), the agency shall transfer to such entity 0.75 of the amount reserved under this paragraph for the purpose of administering the distribution of grants under this subsection. (2) Reservation for competitive school repair and renovation grants to local educational agencies.-- (A) In general.--Subject to the reservation under paragraph (1), of the funds allocated to a State educational agency under subsection (a)(1)(D), the State educational agency shall distribute 75 percent of such funds to local educational agencies or, if such State educational agency is not responsible for the financing of education facilities, the agency shall transfer such funds to the State entity responsible for the financing of education facilities (referred to in this section as the ``State entity'') for distribution by such entity to local educational agencies in accordance with this paragraph, to be used, consistent with subsection (c), for school repair and renovation. (B) Competitive grants to local educational agencies.-- (i) In general.--The State educational agency or State entity shall carry out a program of competitive grants to local educational agencies for the purpose described in subparagraph (A). Of the total amount available for distribution to such agencies under this paragraph, the State educational agency or State entity, shall, in carrying out the competition-- (I) award to high poverty local educational agencies described in clause (ii), in the aggregate, at least an amount which bears the same relationship to such total amount as the aggregate amount such local educational agencies received under part A of title I of the Elementary and Secondary Education Act of 1965 for fiscal year 2000 bears to the aggregate amount received for such fiscal year under such part by all local educational agencies in the State; (II) award to rural local educational agencies in the State, in the aggregate, at least an amount which bears the same relationship to such total amount as the aggregate amount such rural local educational agencies received under part A of title I of the Elementary and Secondary Education Act of 1965 for fiscal year 2000 bears to the aggregate amount received for such fiscal year under such part by all local educational agencies in the State; and (III) award the remaining funds to local educational agencies not receiving an award under subclause (I) or (II), including high poverty and rural local educational agencies that did not receive such an award. (ii) High poverty local educational agencies.--A local educational agency is described in this clause if-- (I) the percentage described in subparagraph (C)(i) with respect to the agency is 30 percent or greater; or (II) the number of children described in such subparagraph with respect to the agency is at least 10,000. (C) Criteria for awarding grants.--In awarding competitive grants under this paragraph, a State educational agency or State entity shall take into account the following criteria: (i) The percentage of poor children 5 to 17 years of age, inclusive, in a local educational agency. (ii) The need of a local educational agency for school repair and renovation, as demonstrated by the condition of its public school facilities. (iii) The fiscal capacity of a local educational agency to meet its needs for repair and renovation of public school facilities without assistance under this section, including its ability to raise funds through the use of local bonding capacity and otherwise. (iv) In the case of a local educational agency that proposes to fund a repair or renovation project for a charter school or schools, the extent to which the school or schools have access to funding for the project through the financing methods available to other public schools or local educational agencies in the State. (v) The likelihood that the local educational agency will maintain, in good condition, any facility whose repair or renovation is assisted under this section. (D) Possible matching requirement.-- (i) In general.--A State educational agency or State entity may require local educational agencies to match funds awarded under this subsection. (ii) Match amount.--The amount of a match described in clause (i) may be established by using a sliding scale that takes into account the relative poverty of the population served by the local educational agency. (3) Reservation for competitive idea or technology grants to local educational agencies.-- (A) In general.--Subject to the reservation under paragraph (1), of the funds allocated to a State educational agency under subsection (a)(1)(D), the State educational agency shall distribute 25 percent of such funds to local educational agencies through competitive grant processes, to be used for the following: (i) To carry out activities under part B of the Individuals with Disabilities Education Act (20 U.S.C. 1411 et seq.). (ii) For technology activities that are carried out in connection with school repair and renovation, including-- (I) wiring; (II) acquiring hardware and software; (III) acquiring connectivity linkages and resources; and (IV) acquiring microwave, fiber optics, cable, and satellite transmission equipment. (B) Criteria for awarding idea grants.--In awarding competitive grants under subparagraph (A) to be used to carry out activities under part B of the Individuals with Disabilities Education Act (20 U.S.C. 1411 et seq.), a State educational agency shall take into account the following criteria: (i) The need of a local educational agency for additional funds for a student whose individually allocable cost for expenses related to the Individuals with Disabilities Education Act substantially exceeds the State's average per- pupil expenditure (as defined in section 14101(2) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8801(2))). (ii) The need of a local educational agency for additional funds for special education and related services under part B of the Individuals with Disabilities Education Act (20 U.S.C. 1411 et seq.). (iii) The need of a local educational agency for additional funds for assistive technology devices (as defined in section 602 of the Individuals with Disabilities Education Act (20 U.S.C. 1401)) or assistive technology services (as so defined) for children being served under part B of the Individuals with Disabilities Education Act (20 U.S.C. 1411 et seq.). (iv) The need of a local educational agency for additional funds for activities under part [[Page H12115]] B of the Individuals with Disabilities Education Act (20 U.S.C. 1411 et seq.) in order for children with disabilities to make progress toward meeting the performance goals and indicators established by the State under section 612(a)(16) of such Act (20 U.S.C. 1412). (C) Criteria for awarding technology grants.--In awarding competitive grants under subparagraph (A) to be used for technology activities that are carried out in connection with school repair and renovation, a State educational agency shall take into account the need of a local educational agency for additional funds for such activities, including the need for the activities described in subclauses (I) through (IV) of subparagraph (A)(ii). (c) Rules Applicable to School Repair and Renovation.--With respect to funds made available under this section that are used for school repair and renovation, the following rules shall apply: (1) Permissible uses of funds.--School repair and renovation shall be limited to one or more of the following: (A) Emergency repairs or renovations to public school facilities only to ensure the health and safety of students and staff, including-- (i) repairing, replacing, or installing roofs, electrical wiring, plumbing systems, or sewage systems; (ii) repairing, replacing, or installing heating, ventilation, or air conditioning systems (including insulation); and (iii) bringing public schools into compliance with fire and safety codes. (B) School facilities modifications necessary to render public school facilities accessible in order to comply with the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.). (C) School facilities modifications necessary to render public school facilities accessible in order to comply with section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794). (D) Asbestos abatement or removal from public school facilities. (E) Renovation, repair, and acquisition needs related to the building infrastructure of a charter school. (2) Impermissible uses of funds.--No funds received under this section may be used for-- (A) payment of maintenance costs in connection with any projects constructed in whole or part with Federal funds provided under this section; (B) the construction of new facilities, except for facilities for an impacted local educational agency (as defined in subsection (a)(3)); or (C) stadiums or other facilities primarily used for athletic contests or exhibitions or other events for which admission is charged to the general public. (3) Charter schools.--A public charter school that constitutes a local educational agency under State law shall be eligible for assistance under the same terms and conditions as any other local educational agency (as defined in section 14101(18) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8801(18))). (4) Supplement, not supplant.--Excluding the uses described in subparagraphs (B) and (C) of paragraph (1), a local educational agency shall use Federal funds subject to this subsection only to supplement the amount of funds that would, in the absence of such Federal funds, be made available from non-Federal sources for school repair and renovation. (d) Special Rule.--Each local educational agency that receives funds under this section shall ensure that, if it carries out repair or renovation through a contract, any such contract process ensures the maximum number of qualified bidders, including small, minority, and women-owned businesses, through full and open competition. (e) Public Comment.--Each local educational agency receiving funds under paragraph (2) or (3) of subsection (b)-- (1) shall provide parents, educators, and all other interested members of the community the opportunity to consult on the use of funds received under such paragraph; (2) shall provide the public with adequate and efficient notice of the opportunity described in paragraph (1) in a widely read and distributed medium; and (3) shall provide the opportunity described in paragraph (1) in accordance with any applicable State and local law specifying how the comments may be received and how the comments may be reviewed by any member of the public. (f) Reporting.-- (1) Local reporting.--Each local educational agency receiving funds under subsection (a)(1)(D) shall submit a report to the State educational agency, at such time as the State educational agency may require, describing the use of such funds for-- (A) school repair and renovation (and construction, in the case of an impacted local educational agency (as defined in subsection (a)(3))); (B) activities under part B of the Individuals with Disabilities Education Act (20 U.S.C. 1411 et seq.); and (C) technology activities that are carried out in connection with school repair and renovation, including the activities described in subclauses (I) through (IV) of subsection (b)(3)(A)(ii). (2) State reporting.--Each State educational agency shall submit to the Secretary of Education, not later than December 31, 2002, a report on the use of funds received under subsection (a)(1)(D) by local educational agencies for-- (A) school repair and renovation (and construction, in the case of an impacted local educational agency (as defined in subsection (a)(3))); (B) activities under part B of the Individuals with Disabilities Education Act (20 U.S.C. 1411 et seq.); and (C) technology activities that are carried out in connection with school repair and renovation, including the activities described in subclauses (I) through (IV) of subsection (b)(3)(A)(ii). (3) Additional Reports.--Each entity receiving funds allocated under subsection (a)(1)(A) or (B) shall submit to the Secretary, not later than December 31, 2002, a report on its uses of funds under this section, in such form and containing such information as the Secretary may require. (g) Applicability of Part B of IDEA.--If a local educational agency uses funds received under this section to carry out activities under part B of the Individuals with Disabilities Education Act (20 U.S.C. 1411 et seq.), such part (including provisions respecting the participation of private school children), and any other provision of law that applies to such part, shall apply to such use. (h) Reallocation.--If a State educational agency does not apply for an allocation of funds under subsection (a)(1)(D) for fiscal year 2001, or does not use its entire allocation for such fiscal year, the Secretary may reallocate the amount of the State educational agency's allocation (or the remainder thereof, as the case may be) to the remaining State educational agencies in accordance with subsection (a)(1)(D). (i) Participation of Private Schools.-- (1) In general.--Section 6402 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7372) shall apply to subsection (b)(2) in the same manner as it applies to activities under title VI of such Act, except that-- (A) such section shall not apply with respect to the title to any real property renovated or repaired with assistance provided under this section; (B) the term ``services'' as used in section 6402 of such Act with respect to funds under this section shall be provided only to private, nonprofit elementary or secondary schools with a rate of child poverty of at least 40 percent and may include for purposes of subsection (b)(2) only-- (i) modifications of school facilities necessary to meet the standards applicable to public schools under the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.); (ii) modifications of school facilities necessary to meet the standards applicable to public schools under section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794); and (iii) asbestos abatement or removal from school facilities; and (C) notwithstanding the requirements of section 6402(b) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7372(b)), expenditures for services provided using funds made available under subsection (b)(2) shall be considered equal for purposes of such section if the per-pupil expenditures for services described in subparagraph (B) for students enrolled in private nonprofit elementary and secondary schools that have child poverty rates of at least 40 percent are consistent with the per-pupil expenditures under this section for children enrolled in the public schools in the school district of the local educational agency receiving funds under this section. (2) Remaining funds.--If the expenditure for services described in paragraph (1)(B) is less than the amount calculated under paragraph (1)(C) because of insufficient need for such services, the remainder shall be available to the local educational agency for renovation and repair of public school facilities. (3) Application.--If any provision of this section, or the application thereof, to any person or circumstances is judicially determined to be invalid, the provisions of the remainder of the section and the application to other persons or circumstances shall not be affected thereby. (j) Definitions.--For purposes of this section: (1) Charter school.--The term ``charter school'' has the meaning given such term in section 10310(1) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8066(1)). (2) Elementary school.--The term ``elementary school'' has the meaning given such term in section 14101(14) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8801(14)). (3) Local educational agency.--The term ``local educational agency'' has the meaning given such term in subparagraphs (A) and (B) of section 14101(18) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8801(18)). (4) Outlying area.--The term ``outlying area'' has the meaning given such term in section 14101(21) of the Elementary and Secondary Act of 1965 (20 U.S.C. 8801(21)). (5) Poor children and child poverty.--The terms ``poor children'' and ``child poverty'' refer to children 5 to 17 years of age, inclusive, who are from families with incomes below the poverty line (as defined by the Office of Management and Budget and revised annually in accordance with section 673(2) of the Community Services Block Grant (42 U.S.C. 9902(2)) applicable to a family of the size involved for the most recent fiscal year for which data satisfactory to the Secretary are available. (6) Rural local educational agency.--The term ``rural local educational agency'' means a local educational agency that the State determines is located in a rural area using objective data and a commonly employed definition of the term ``rural''. (7) Secondary school.--The term ``secondary school'' has the meaning given such term in section 14101(25) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8801(25)). (8) State.--The term ``State'' means each of the 50 states, the District of Columbia, and the Commonwealth of Puerto Rico. Sec. 322. (a) Part C of title X of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8061 et seq.) is amended-- [[Page H12116]] (1) by inserting after the part heading the following: ``Subpart 1--Basic Charter School Grant Program''; and (2) by adding at the end the following: ``Subpart 2--Credit Enhancement Initiatives To Assist Charter School Facility Acquisition, Construction, and Renovation ``SEC. 10321. PURPOSE. ``The purpose of this subpart is to provide one-time grants to eligible entities to permit them to demonstrate innovative credit enhancement initiatives that assist charter schools to address the cost of acquiring, constructing, and renovating facilities. ``SEC. 10322. GRANTS TO ELIGIBLE ENTITIES. ``(a) In General.--The Secretary shall use 100 percent of the amount available to carry out this subpart to award not less than 3 grants to eligible entities having applications approved under this subpart to demonstrate innovative methods of assisting charter schools to address the cost of acquiring, constructing, and renovating facilities by enhancing the availability of loans or bond financing. ``(b) Grantee Selection.--The Secretary shall evaluate each application submitted, and shall make a determination of which are sufficient to merit approval and which are not. The Secretary shall award at least one grant to an eligible entity described in section 10330(2)(A), at least one grant to an eligible entity described in section 10330(2)(B), and at least one grant to an eligible entity described in section 10330(2)(C), if applications are submitted that permit the Secretary to do so without approving an application that is not of sufficient quality to merit approval. ``(c) Grant Characteristics.--Grants under this subpart shall be of a sufficient size, scope, and quality so as to ensure an effective demonstration of an innovative means of enhancing credit for the financing of charter school acquisition, construction, or renovation. ``(d) Special Rule.--In the event the Secretary determines that the funds available are insufficient to permit the Secretary to award not less than 3 grants in accordance with subsections (a) through (c), such 3-grant minimum and the second sentence of subsection (b) shall not apply, and the Secretary may determine the appropriate number of grants to be awarded in accordance with subsection (c). ``SEC. 10323. APPLICATIONS. ``(a) In General.--To receive a grant under this subpart, an eligible entity shall submit to the Secretary an application in such form as the Secretary may reasonably require. ``(b) Contents.--An application under subsection (a) shall contain-- ``(1) a statement identifying the activities proposed to be undertaken with funds received under this subpart, including how the applicant will determine which charter schools will receive assistance, and how much and what types of assistance charter schools will receive; ``(2) a description of the involvement of charter schools in the application's development and the design of the proposed activities; ``(3) a description of the applicant's expertise in capital market financing; ``(4) a description of how the proposed activities will leverage the maximum amount of private-sector financing capital relative to the amount of government funding used and otherwise enhance credit available to charter schools; ``(5) a description of how the applicant possesses sufficient expertise in education to evaluate the likelihood of success of a charter school program for which facilities financing is sought; ``(6) in the case of an application submitted by a State governmental entity, a description of the actions that the entity has taken, or will take, to ensure that charter schools within the State receive the funding they need to have adequate facilities; and ``(7) such other information as the Secretary may reasonably require. ``SEC. 10324. CHARTER SCHOOL OBJECTIVES. ``An eligible entity receiving a grant under this subpart shall use the funds deposited in the reserve account established under section 10325(a) to assist one or more charter schools to access private sector capital to accomplish one or both of the following objectives: ``(1) The acquisition (by purchase, lease, donation, or otherwise) of an interest (including an interest held by a third party for the benefit of a charter school) in improved or unimproved real property that is necessary to commence or continue the operation of a charter school. ``(2) The construction of new facilities, or the renovation, repair, or alteration of existing facilities, necessary to commence or continue the operation of a charter school. ``SEC. 10325. RESERVE ACCOUNT. ``(a) Use of Funds.--To assist charter schools to accomplish the objectives described in section 10324, an eligible entity receiving a grant under this subpart shall, in accordance with State and local law, directly or indirectly, alone or in collaboration with others, deposit the funds received under this subpart (other than funds used for administrative costs in accordance with section 10326) in a reserve account established and maintained by the entity for this purpose. Amounts deposited in such account shall be used by the entity for one or more of the following purposes: ``(1) Guaranteeing, insuring, and reinsuring bonds, notes, evidences of debt, loans, and interests therein, the proceeds of which are used for an objective described in section 10324. ``(2) Guaranteeing and insuring leases of personal and real property for an objective described in section 10324. ``(3) Facilitating financing by identifying potential lending sources, encouraging private lending, and other similar activities that directly promote lending to, or for the benefit of, charter schools. ``(4) Facilitating the issuance of bonds by charter schools, or by other public entities for the benefit of charter schools, by providing technical, administrative, and other appropriate assistance (including the recruitment of bond counsel, underwriters, and potential investors and the consolidation of multiple charter school projects within a single bond issue). ``(b) Investment.--Funds received under this subpart and deposited in the reserve account shall be invested in obligations issued or guaranteed by the United States or a State, or in other similarly low-risk securities. ``(c) Reinvestment of Earnings.--Any earnings on funds received under this subpart shall be deposited in the reserve account established under subsection (a) and used in accordance with such subsection. ``SEC. 10326. LIMITATION ON ADMINISTRATIVE COSTS. ``An eligible entity may use not more than 0.25 percent of the funds received under this subpart for the administrative costs of carrying out its responsibilities under this subpart. ``SEC. 10327. AUDITS AND REPORTS. ``(a) Financial Record Maintenance and Audit.--The financial records of each eligible entity receiving a grant under this subpart shall be maintained in accordance with generally accepted accounting principles and shall be subject to an annual audit by an independent public accountant. ``(b) Reports.-- ``(1) Grantee annual reports.--Each eligible entity receiving a grant under this subpart annually shall submit to the Secretary a report of its operations and activities under this subpart. ``(2) Contents.--Each such annual report shall include-- ``(A) a copy of the most recent financial statements, and any accompanying opinion on such statements, prepared by the independent public accountant reviewing the financial records of the eligible entity; ``(B) a copy of any report made on an audit of the financial records of the eligible entity that was conducted under subsection (a) during the reporting period; ``(C) an evaluation by the eligible entity of the effectiveness of its use of the Federal funds provided under this subpart in leveraging private funds; ``(D) a listing and description of the charter schools served during the reporting period; ``(E) a description of the activities carried out by the eligible entity to assist charter schools in meeting the objectives set forth in section 10324; and ``(F) a description of the characteristics of lenders and other financial institutions participating in the activities undertaken by the eligible entity under this subpart during the reporting period. ``(3) Secretarial report.--The Secretary shall review the reports submitted under paragraph (1) and shall provide a comprehensive annual report to the Congress on the activities conducted under this subpart. ``SEC. 10328. NO FULL FAITH AND CREDIT FOR GRANTEE OBLIGATIONS. ``No financial obligation of an eligible entity entered into pursuant to this subpart (such as an obligation under a guarantee, bond, note, evidence of debt, or loan) shall be an obligation of, or guaranteed in any respect by, the United States. The full faith and credit of the United States is not pledged to the payment of funds which may be required to be paid under any obligation made by an eligible entity pursuant to any provision of this subpart. ``SEC. 10329. RECOVERY OF FUNDS. ``(a) In General.--The Secretary, in accordance with chapter 37 of title 31, United States Code, shall collect-- ``(1) all of the funds in a reserve account established by an eligible entity under section 10325(a) if the Secretary determines, not earlier than 2 years after the date on which the entity first received funds under this subpart, that the entity has failed to make substantial progress in carrying out the purposes described in section 10325(a); or ``(2) all or a portion of the funds in a reserve account established by an eligible entity under section 10325(a) if the Secretary determines that the eligible entity has permanently ceased to use all or a portion of the funds in such account to accomplish any purpose described in section 10325(a). ``(b) Exercise of Authority.--The Secretary shall not exercise the authority provided in subsection (a) to collect from any eligible entity any funds that are being properly used to achieve one or more of the purposes described in section 10325(a). ``(c) Procedures.--The provisions of sections 451, 452, and 458 of the General Education Provisions Act (20 U.S.C. 1234 et seq.) shall apply to the recovery of funds under subsection (a). ``(d) Construction.--This section shall not be construed to impair or affect the authority of the Secretary to recover funds under part D of the General Education Provisions Act (20 U.S.C. 1234 et seq.). ``SEC. 10330. DEFINITIONS. ``In this subpart: ``(1) The term `charter school' has the meaning given such term in section 10310. ``(2) The term `eligible entity' means-- ``(A) a public entity, such as a State or local governmental entity; ``(B) a private nonprofit entity; or ``(C) a consortium of entities described in subparagraphs (A) and (B). ``SEC. 10331. AUTHORIZATION OF APPROPRIATIONS. ``For the purpose of carrying out this subpart, there are authorized to be appropriated $100,000,000 for fiscal year 2001.''. [[Page H12117]] (b) Part C of title X of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8061 et seq.) is amended in each of the following provisions by striking ``part'' each place such term appears and inserting ``subpart'': (1) Sections 10301 through 10305. (2) Section 10307. (3) Sections 10309 through 10311. Sec. 323. (a) Section 8003(b)(2)(F) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7703(b)(2)(F)) is amended-- (1) by striking ``the Secretary shall use'' and inserting ``the Secretary-- ``(i) shall use''; (2) by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following: ``(ii) except as provided in subparagraph (C)(i)(I), shall include all of the children described in subparagraphs (F) and (G) of subsection (a)(1) enrolled in schools of the local educational agency in determining (I) the eligibility of the agency for assistance under this paragraph, and (II) the amount of such assistance if the number of such children meet the requirements of subsection (a)(3).''. (b) Section 8003(b)(2) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7703(b)(2)) is amended by adding at the end the following: ``(G) Determination of average tax rates for general fund purposes.--For the purpose of determining average tax rates for general fund purposes for local educational agencies in a State under this paragraph (except under subparagraph (C)(i)(II)(bb)), the Secretary shall use either-- ``(i) the average tax rate for general fund purposes for comparable local educational agencies, as determined by the Secretary in regulations; or ``(ii) the average tax rate of all the local educational agencies in the State.''. This title may be cited as the ``Department of Education Appropriations Act, 2001''. TITLE IV--RELATED AGENCIES Armed Forces Retirement Home For expenses necessary for the Armed Forces Retirement Home to operate and maintain the United States Soldiers' and Airmen's Home and the United States Naval Home, to be paid from funds available in the Armed Forces Retirement Home Trust Fund, $69,832,000, of which $9,832,000 shall remain available until expended for construction and renovation of the physical plants at the United States Soldiers' and Airmen's Home and the United States Naval Home: Provided, That, notwithstanding any other provision of law, a single contract or related contracts for development and construction, to include construction of a long-term care facility at the United States Naval Home, may be employed which collectively include the full scope of the project: Provided further, That the solicitation and contract shall contain the clause ``availability of funds'' found at 48 CFR 52.232-18 and 252.232-7007, Limitation of Government Obligations. Corporation for National and Community Service Domestic Volunteer Service Programs, Operating Expenses For expenses necessary for the Corporation for National and Community Service to carry out the provisions of the Domestic Volunteer Service Act of 1973, as amended, $303,850,000: Provided, That none of the funds made available to the Corporation for National and Community Service in this Act for activities authorized by part E of title II of the Domestic Volunteer Service Act of 1973 shall be used to provide stipends or other monetary incentives to volunteers or volunteer leaders whose incomes exceed 125 percent of the national poverty level. Corporation for Public Broadcasting For payment to the Corporation for Public Broadcasting, as authorized by the Communications Act of 1934, an amount which shall be available within limitations specified by that Act, for the fiscal year 2003, $365,000,000: Provided, That no funds made available to the Corporation for Public Broadcasting by this Act shall be used to pay for receptions, parties, or similar forms of entertainment for Government officials or employees: Provided further, That none of the funds contained in this paragraph shall be available or used to aid or support any program or activity from which any person is excluded, or is denied benefits, or is discriminated against, on the basis of race, color, national origin, religion, or sex: Provided further, That in addition to the amounts provided above, $20,000,000, to remain available until expended, shall be for digitalization, pending enactment of authorizing legislation. Federal Mediation and Conciliation Service Salaries and Expenses For expenses necessary for the Federal Mediation and Conciliation Service to carry out the functions vested in it by the Labor Management Relations Act, 1947 (29 U.S.C. 171- 180, 182-183), including hire of passenger motor vehicles; for expenses necessary for the Labor-Management Cooperation Act of 1978 (29 U.S.C. 175a); and for expenses necessary for the Service to carry out the functions vested in it by the Civil Service Reform Act, Public Law 95-454 (5 U.S.C. ch. 71), $38,200,000, including $1,500,000, to remain available through September 30, 2002, for activities authorized by the Labor-Management Cooperation Act of 1978 (29 U.S.C. 175a): Provided, That notwithstanding 31 U.S.C. 3302, fees charged, up to full-cost recovery, for special training activities and other conflict resolution services and technical assistance, including those provided to foreign governments and international organizations, and for arbitration services shall be credited to and merged with this account, and shall remain available until expended: Provided further, That fees for arbitration services shall be available only for education, training, and professional development of the agency workforce: Provided further, That the Director of the Service is authorized to accept and use on behalf of the United States gifts of services and real, personal, or other property in the aid of any projects or functions within the Director's jurisdiction. Federal Mine Safety and Health Review Commission Salaries and Expenses For expenses necessary for the Federal Mine Safety and Health Review Commission (30 U.S.C. 801 et seq.), $6,320,000. Institute of Museum and Library Services Office of Library Services: Grants and Administration For carrying out subtitle B of the Museum and Library Services Act, $207,219,000: Provided, That of the amount provided, $1,000,000 shall be awarded to the National Museum of Women in the Arts in Washington, D.C., $700,000 shall be awarded to the University of Idaho Institute for the Historic Study of Jazz, $2,600,000 shall be awarded to Southeast Missouri State University River Campus and Museum, $900,000 shall be awarded to the Heritage Harbor Museum in Rhode Island, $500,000 shall be awarded to the Alaska Native Heritage Center, $576,000 shall be awarded to the Franklin Institute in Philadelphia, $925,000 shall be awarded to the Please Touch Museum, $250,000 shall be awarded to the Pittsburgh Children's Museum, $510,000 shall be awarded to the Temple University Library, $1,800,000 shall be awarded to Franklin Pierce College in New Hampshire, $500,000 shall be awarded to the Louisville Zoo in Kentucky, $150,000 shall be awarded to the Oregon Historical Society, $1,200,000 shall be awarded to the Mississippi River Museum and Discovery Center in Dubuque, Iowa, $650,000 shall be awarded to the Salisbury House Foundation in Des Moines, Iowa, $150,000 shall be awarded to the History Center for the Linn County Historical Museum in Iowa, $4,000,000 shall be awarded to the Newsline for the Blind, of which $100,000 shall be awarded to the Iowa Newsline for the Blind and $100,000 shall be awarded to the West Virginia Newsline for the Blind, $1,000,000 shall be awarded to the Clay Center for the Arts and Sciences, $650,000 shall be awarded to Bishops Museum in Hawaii, $500,000 shall be awarded to the Wisconsin Maritime Museum, $250,000 shall be awarded to the Natural History Museum of Los Angeles, $400,000 shall be awarded to the Perkins Geology Museum at the University of Vermont, $400,000 shall be awarded to the Walt Whitman Cultural Arts Center in Camden, New Jersey, $400,000 shall be awarded to the Plainfield Public Library in Plainfield, New Jersey, $150,000 shall be awarded to the Ducktown Arts District in Atlantic City, New Jersey, $400,000 shall be awarded to the Lake Champlain Science Center in Vermont, $250,000 shall be awarded to the Foundation for the Arts, Music, and Entertainment of Shreveport-Bossier, Inc., $100,000 shall be awarded to Bryant College in Rhode Island, $120,000 shall be awarded to the Fenton Historical Museum of Jamestown, New York, $921,000 shall be awarded to the Mariners' Museum in Newport News, Virginia, $461,000 shall be awarded to DuPage County Children's Museum in Naperville, Illinois, $369,000 shall be awarded to the National Baseball Hall of Fame Library in Cooperstown, New York, $92,000 shall be awarded to the City of Corona, Riverside, California, $6,000 shall be awarded to the City of Murrieta, California Public Library, $1,382,000 shall be awarded to the Sierra Madre, California Public Library, $23,000 shall be awarded to the Brooklyn Public Library in Brooklyn, New York, $46,000 shall be awarded to the New York Public Library Staten Island branch, $266,000 shall be awarded to the Edward H. Nabb Research Center at Salisbury State University in Salisbury, Maryland, $461,000 shall be awarded to Texas Tech University, $230,000 shall be awarded to the City of Ontario, California Public Library, $461,000 shall be awarded to the Southern Oregon University in Ashland, Oregon, $1,106,000 shall be awarded to Christopher Newport University in Newport News, Virginia, $128,000 shall be awarded to the Nassau County Museum of Art in Roslyn Harbor, New York, $850,000 shall be awarded to the Children's Museum of Los Angeles, $43,000 shall be awarded to Sumter County Library in Sumter, South Carolina, $298,000 shall be awarded to Columbia College Center for Black Music Research in Chicago, Illinois, $723,000 shall be awarded to Old Sturbridge Village in Sturbridge, Massachusetts, $723,000 shall be awarded to New Bedford Whaling Museum in Massachusetts, $298,000 shall be awarded to Mystic Seaport Museum of America and the Sea in Connecticut, $468,000 shall be awarded to the City of Houston Public Library, $128,000 shall be awarded to the Roberson Museum and Science Center in Binghampton, New York, $850,000 shall be awarded to Berman Museum of Art at Ursinus College in Collegeville, Pennsylvania, $680,000 shall be awarded to AMISTAD Research Center at Tulane University, $2,125,000 shall be awarded to Silas Bronson Library in Waterbury, Connecticut, $213,000 shall be awarded to Fitchburg Art Museum in Fitchburg, Massachusetts, $128,000 shall be awarded to North Carolina Museum of Life and Science, $2,435,000 shall be awarded to New York Public Library, $85,000 shall be awarded to the New York Botanical Garden in Bronx, New York, $170,000 shall be awarded to George Eastman House in Rochester, New York, $425,000 shall be awarded to The National Aviary in Pittsburgh, Pennsylvania, $723,000 shall be awarded to the George C. Page Museum in Los Angeles, California, $461,000 shall be awarded to the Abraham Lincoln Bicentennial Commission, and $410,000 shall be awarded to the AE Seaman Mineral Museum in Houghton, Michigan. [[Page H12118]] Medicare Payment Advisory Commission salaries and expenses For expenses necessary to carry out section 1805 of the Social Security Act, $8,000,000, to be transferred to this appropriation from the Federal Hospital Insurance and the Federal Supplementary Medical Insurance Trust Funds. National Commission on Libraries and Information Science Salaries and Expenses For necessary expenses for the National Commission on Libraries and Information Science, established by the Act of July 20, 1970 (Public Law 91-345, as amended), $1,495,000. National Council on Disability Salaries and Expenses For expenses necessary for the National Council on Disability as authorized by title IV of the Rehabilitation Act of 1973, as amended, $2,615,000. National Education Goals Panel For expenses necessary for the National Education Goals Panel, as authorized by title II, part A of the Goals 2000: Educate America Act, $1,500,000. National Labor Relations Board Salaries and Expenses For expenses necessary for the National Labor Relations Board to carry out the functions vested in it by the Labor- Management Relations Act, 1947, as amended (29 U.S.C. 141- 167), and other laws, $216,438,000: Provided, That no part of this appropriation shall be available to organize or assist in organizing agricultural laborers or used in connection with investigations, hearings, directives, or orders concerning bargaining units composed of agricultural laborers as referred to in section 2(3) of the Act of July 5, 1935 (29 U.S.C. 152), and as amended by the Labor-Management Relations Act, 1947, as amended, and as defined in section 3(f) of the Act of June 25, 1938 (29 U.S.C. 203), and including in said definition employees engaged in the maintenance and operation of ditches, canals, reservoirs, and waterways when maintained or operated on a mutual, nonprofit basis and at least 95 percent of the water stored or supplied thereby is used for farming purposes. National Mediation Board Salaries and Expenses For expenses necessary to carry out the provisions of the Railway Labor Act, as amended (45 U.S.C. 151-188), including emergency boards appointed by the President, $10,400,000. Occupational Safety and Health Review Commission Salaries and Expenses For expenses necessary for the Occupational Safety and Health Review Commission (29 U.S.C. 661), $8,720,000. Railroad Retirement Board dual benefits payments account For payment to the Dual Benefits Payments Account, authorized under section 15(d) of the Railroad Retirement Act of 1974, $160,000,000, which shall include amounts becoming available in fiscal year 2001 pursuant to section 224(c)(1)(B) of Public Law 98-76; and in addition, an amount, not to exceed 2 percent of the amount provided herein, shall be available proportional to the amount by which the product of recipients and the average benefit received exceeds $160,000,000: Provided, That the total amount provided herein shall be credited in 12 approximately equal amounts on the first day of each month in the fiscal year. Federal Payments to the Railroad Retirement Accounts For payment to the accounts established in the Treasury for the payment of benefits under the Railroad Retirement Act for interest earned on unnegotiated checks, $150,000, to remain available through September 30, 2002, which shall be the maximum amount available for payment pursuant to section 417 of Public Law 98-76. limitation on administration For necessary expenses for the Railroad Retirement Board for administration of the Railroad Retirement Act and the Railroad Unemployment Insurance Act, $95,000,000, to be derived in such amounts as determined by the Board from the railroad retirement accounts and from moneys credited to the railroad unemployment insurance administration fund. Limitation on the Office of Inspector General For expenses necessary for the Office of Inspector General for audit, investigatory and review activities, as authorized by the Inspector General Act of 1978, as amended, not more than $5,700,000, to be derived from the railroad retirement accounts and railroad unemployment insurance account: Provided, That none of the funds made available in any other paragraph of this Act may be transferred to the Office; used to carry out any such transfer; used to provide any office space, equipment, office supplies, communications facilities or services, maintenance services, or administrative services for the Office; used to pay any salary, benefit, or award for any personnel of the Office; used to pay any other operating expense of the Office; or used to reimburse the Office for any service provided, or expense incurred, by the Office. Social Security Administration Payments to Social Security Trust Funds For payment to the Federal Old-Age and Survivors Insurance and the Federal Disability Insurance trust funds, as provided under sections 201(m), 228(g), and 1131(b)(2) of the Social Security Act, $20,400,000. Special Benefits for Disabled Coal Miners For carrying out title IV of the Federal Mine Safety and Health Act of 1977, $365,748,000, to remain available until expended. For making, after July 31 of the current fiscal year, benefit payments to individuals under title IV of the Federal Mine Safety and Health Act of 1977, for costs incurred in the current fiscal year, such amounts as may be necessary. For making benefit payments under title IV of the Federal Mine Safety and Health Act of 1977 for the first quarter of fiscal year 2002, $114,000,000, to remain available until expended. Supplemental Security Income Program For carrying out titles XI and XVI of the Social Security Act, section 401 of Public Law 92-603, section 212 of Public Law 93-66, as amended, and section 405 of Public Law 95-216, including payment to the Social Security trust funds for administrative expenses incurred pursuant to section 201(g)(1) of the Social Security Act, $23,043,000,000, to remain available until expended: Provided, That any portion of the funds provided to a State in the current fiscal year and not obligated by the State during that year shall be returned to the Treasury. In addition, $210,000,000, to remain available until September 30, 2002, for payment to the Social Security trust funds for administrative expenses for continuing disability reviews as authorized by section 103 of Public Law 104-121 and section 10203 of Public Law 105-33. The term ``continuing disability reviews'' means reviews and redeterminations as defined under section 201(g)(1)(A) of the Social Security Act, as amended. For making, after June 15 of the current fiscal year, benefit payments to individuals under title XVI of the Social Security Act, for unanticipated costs incurred for the current fiscal year, such sums as may be necessary. For making benefit payments under title XVI of the Social Security Act for the first quarter of fiscal year 2002, $10,470,000,000, to remain available until expended. limitation on administrative expenses For necessary expenses, including the hire of two passenger motor vehicles, and not to exceed $10,000 for official reception and representation expenses, not more than $6,583,000,000 may be expended, as authorized by section 201(g)(1) of the Social Security Act, from any one or all of the trust funds referred to therein: Provided, That not less than $1,800,000 shall be for the Social Security Advisory Board: Provided further, That unobligated balances at the end of fiscal year 2001 not needed for fiscal year 2001 shall remain available until expended to invest in the Social Security Administration information technology and telecommunications hardware and software infrastructure, including related equipment and non-payroll administrative expenses associated solely with this information technology and telecommunications infrastructure: Provided further, That reimbursement to the trust funds under this heading for expenditures for official time for employees of the Social Security Administration pursuant to section 7131 of title 5, United States Code, and for facilities or support services for labor organizations pursuant to policies, regulations, or procedures referred to in section 7135(b) of such title shall be made by the Secretary of the Treasury, with interest, from amounts in the general fund not otherwise appropriated, as soon as possible after such expenditures are made. From funds provided under the previous paragraph, notwithstanding the provision under this heading in Public Law 106-113 regarding unobligated balances at the end of fiscal year 2000 not needed for such fiscal year, an amount not to exceed $50,000,000 from such unobligated balances shall, in addition to funding already available under this heading for fiscal year 2001, be available for necessary expenses. From funds provided under the first paragraph, not less than $200,000,000 shall be available for conducting continuing disability reviews. In addition to funding already available under this heading, and subject to the same terms and conditions, $450,000,000, to remain available until September 30, 2002, for continuing disability reviews as authorized by section 103 of Public Law 104-121 and section 10203 of Public Law 105-33. The term ``continuing disability reviews'' means reviews and redeterminations as defined under section 201(g)(1)(A) of the Social Security Act, as amended. In addition, $91,000,000 to be derived from administration fees in excess of $5.00 per supplementary payment collected pursuant to section 1616(d) of the Social Security Act or section 212(b)(3) of Public Law 93-66, which shall remain available until expended. To the extent that the amounts collected pursuant to such section 1616(d) or 212(b)(3) in fiscal year 2001 exceed $91,000,000, the amounts shall be available in fiscal year 2002 only to the extent provided in advance in appropriations Acts. From funds previously appropriated for this purpose, any unobligated balances at the end of fiscal year 2000 shall be available to continue Federal-State partnerships which will evaluate means to promote Medicare buy-in programs targeted to elderly and disabled individuals under titles XVIII and XIX of the Social Security Act. From funds provided under the first paragraph, up to $6,000,000 shall be available for implementation, development, evaluation, and other costs associated with administration of section 302 of the Ticket to Work and Work Incentives Improvement Act. Office of Inspector General (including transfer of funds) For expenses necessary for the Office of Inspector General in carrying out the provisions of the Inspector General Act of 1978, as amended, $16,944,000, together with not to exceed $52,500,000, to be transferred and expended as authorized by section 201(g)(1) of the Social Security Act from the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund. [[Page H12119]] In addition, an amount not to exceed 3 percent of the total provided in this appropriation may be transferred from the ``Limitation on Administrative Expenses'', Social Security Administration, to be merged with this account, to be available for the time and purposes for which this account is available: Provided, That notice of such transfers shall be transmitted promptly to the Committees on Appropriations of the House and Senate. United States Institute of Peace Operating Expenses For necessary expenses of the United States Institute of Peace as authorized in the United States Institute of Peace Act, $15,000,000. TITLE V--GENERAL PROVISIONS Sec. 501. The Secretaries of Labor, Health and Human Services, and Education are authorized to transfer unexpended balances of prior appropriations to accounts corresponding to current appropriations provided in this Act: Provided, That such transferred balances are used for the same purpose, and for the same periods of time, for which they were originally appropriated. Sec. 502. No part of any appropriation contained in this Act shall remain available for obligation beyond the current fiscal year unless expressly so provided herein. Sec. 503. (a) No part of any appropriation contained in this Act shall be used, other than for normal and recognized executive-legislative relationships, for publicity or propaganda purposes, for the preparation, distribution, or use of any kit, pamphlet, booklet, publication, radio, television, or video presentation designed to support or defeat legislation pending before the Congress or any State legislature, except in presentation to the Congress or any State legislature itself. (b) No part of any appropriation contained in this Act shall be used to pay the salary or expenses of any grant or contract recipient, or agent acting for such recipient, related to any activity designed to influence legislation or appropriations pending before the Congress or any State legislature. Sec. 504. The Secretaries of Labor and Education are authorized to make available not to exceed $20,000 and $15,000, respectively, from funds available for salaries and expenses under titles I and III, respectively, for official reception and representation expenses; the Director of the Federal Mediation and Conciliation Service is authorized to make available for official reception and representation expenses not to exceed $2,500 from the funds available for ``Salaries and expenses, Federal Mediation and Conciliation Service''; and the Chairman of the National Mediation Board is authorized to make available for official reception and representation expenses not to exceed $2,500 from funds available for ``Salaries and expenses, National Mediation Board''. Sec. 505. Notwithstanding any other provision of this Act, no funds appropriated under this Act shall be used to carry out any program of distributing sterile needles or syringes for the hypodermic injection of any illegal drug. Sec. 506. (a) It is the sense of the Congress that, to the greatest extent practicable, all equipment and products purchased with funds made available in this Act should be American-made. (b) In providing financial assistance to, or entering into any contract with, any entity using funds made available in this Act, the head of each Federal agency, to the greatest extent practicable, shall provide to such entity a notice describing the statement made in subsection (a) by the Congress. (c) If it has been finally determined by a court or Federal agency that any person intentionally affixed a label bearing a ``Made in America'' inscription, or any inscription with the same meaning, to any product sold in or shipped to the United States that is not made in the United States, the person shall be ineligible to receive any contract or subcontract made with funds made available in this Act, pursuant to the debarment, suspension, and ineligibility procedures described in sections 9.400 through 9.409 of title 48, Code of Federal Regulations. Sec. 507. When issuing statements, press releases, requests for proposals, bid solicitations and other documents describing projects or programs funded in whole or in part with Federal money, all grantees receiving Federal funds included in this Act, including but not limited to State and local governments and recipients of Federal research grants, shall clearly state: (1) the percentage of the total costs of the program or project which will be financed with Federal money; (2) the dollar amount of Federal funds for the project or program; and (3) percentage and dollar amount of the total costs of the project or program that will be financed by non- governmental sources. Sec. 508. (a) None of the funds appropriated under this Act, and none of the funds in any trust fund to which funds are appropriated under this Act, shall be expended for any abortion. (b) None of the funds appropriated under this Act, and none of the funds in any trust fund to which funds are appropriated under this Act, shall be expended for health benefits coverage that includes coverage of abortion. (c) The term ``health benefits coverage'' means the package of services covered by a managed care provider or organization pursuant to a contract or other arrangement. Sec. 509. (a) The limitations established in the preceding section shall not apply to an abortion-- (1) if the pregnancy is the result of an act of rape or incest; or (2) in the case where a woman suffers from a physical disorder, physical injury, or physical illness, including a life-endangering physical condition caused by or arising from the pregnancy itself, that would, as certified by a physician, place the woman in danger of death unless an abortion is performed. (b) Nothing in the preceding section shall be construed as prohibiting the expenditure by a State, locality, entity, or private person of State, local, or private funds (other than a State's or locality's contribution of Medicaid matching funds). (c) Nothing in the preceding section shall be construed as restricting the ability of any managed care provider from offering abortion coverage or the ability of a State or locality to contract separately with such a provider for such coverage with State funds (other than a State's or locality's contribution of Medicaid matching funds). Sec. 510. (a) None of the funds made available in this Act may be used for-- (1) the creation of a human embryo or embryos for research purposes; or (2) research in which a human embryo or embryos are destroyed, discarded, or knowingly subjected to risk of injury or death greater than that allowed for research on fetuses in utero under 45 CFR 46.208(a)(2) and section 498(b) of the Public Health Service Act (42 U.S.C. 289g(b)). (b) For purposes of this section, the term ``human embryo or embryos'' includes any organism, not protected as a human subject under 45 CFR 46 as of the date of the enactment of this Act, that is derived by fertilization, parthenogenesis, cloning, or any other means from one or more human gametes or human diploid cells. Sec. 511. (a) None of the funds made available in this Act may be used for any activity that promotes the legalization of any drug or other substance included in schedule I of the schedules of controlled substances established by section 202 of the Controlled Substances Act (21 U.S.C. 812). (b) The limitation in subsection (a) shall not apply when there is significant medical evidence of a therapeutic advantage to the use of such drug or other substance or that federally sponsored clinical trials are being conducted to determine therapeutic advantage. Sec. 512. None of the funds made available in this Act may be obligated or expended to enter into or renew a contract with an entity if-- (1) such entity is otherwise a contractor with the United States and is subject to the requirement in section 4212(d) of title 38, United States Code, regarding submission of an annual report to the Secretary of Labor concerning employment of certain veterans; and (2) such entity has not submitted a report as required by that section for the most recent year for which such requirement was applicable to such entity. Sec. 513. (a) Section 403(a)(5)(H)(iii) of the Social Security Act (42 U.S.C. 603(a)(5)(H)(iii)) is amended by striking ``2001'' and inserting ``2005''. (b) Section 403(a)(5)(H) of such Act (42 U.S.C. 603(a)(5)(G)) is amended by adding at the end the following: ``(iv) Interim report.--Not later than January 1, 2002, the Secretary shall submit to the Congress an interim report on the evaluations referred to in clause (i).''. Sec. 514. None of the funds made available in this Act may be used to promulgate or adopt any final standard under section 1173(b) of the Social Security Act (42 U.S.C. 1320d- 2(b)) providing for, or providing for the assignment of, a unique health identifier for an individual (except in an individual's capacity as an employer or a health care provider), until legislation is enacted specifically approving the standard. Sec. 515. Section 410(b) of The Ticket to Work and Work Incentives Improvement Act of 1999 (Public Law 106-170) is amended by striking ``2009'' both places it appears and inserting ``2001''. Sec. 516. Part B of title III of the Public Health Services Act (42 U.S.C. 243 et seq.) is amended by inserting before section 318 the following section: ``HUMAN PAPILLOMAVIRUS ``Sec. 317P. (a) Surveillance.-- ``(1) In general.--The Secretary, acting through the Centers for Disease Control and Prevention, shall-- ``(A) enter into cooperative agreements with States and other entities to conduct sentinel surveillance or other special studies that would determine the prevalence in various age groups and populations of specific types of human papillomavirus (referred to in this section as `HPV') in different sites in various regions of the United States, through collection of special specimens for HPV using a variety of laboratory-based testing and diagnostic tools; and ``(B) develop and analyze data from the HPV sentinel surveillance system described in subparagraph (A). ``(2) Report.--The Secretary shall make a progress report to the Congress with respect to paragraph (1) no later than one year after the effective date of this section. ``(b) Prevention Activities; Education Program.-- ``(1) In general.--The Secretary, acting through the Centers for Disease Control and Prevention, shall conduct prevention research on HPV, including-- ``(A) behavioral and other research on the impact of HPV- related diagnosis on individuals; ``(B) formative research to assist with the development of educational messages and information for the public, for patients, and for their partners about HPV; ``(C) surveys of physician and public knowledge, attitudes, and practices about genital HPV infection; and ``(D) upon the completion of and based on the findings under subparagraphs (A) through (C), develop and disseminate educational materials for the public and health care providers regarding HPV and its impact and prevention. [[Page H12120]] ``(2) Report; final proposal.--The Secretary shall make a progress report to the Congress with respect to paragraph (1) not later than one year after the effective date of this section, and shall develop a final report not later than three years after such effective date, including a detailed summary of the significant findings and problems and the best strategies to prevent future infections, based on available science. ``(c) HPV Education and Prevention.-- ``(1) In general.--The Secretary shall prepare and distribute educational materials for health care providers and the public that include information on HPV. Such materials shall address-- ``(A) modes of transmission; ``(B) consequences of infection, including the link between HPV and cervical cancer; ``(C) the available scientific evidence on the effectiveness or lack of effectiveness of condoms in preventing infection with HPV; and ``(D) the importance of regular Pap smears, and other diagnostics for early intervention and prevention of cervical cancer purposes in preventing cervical cancer. ``(2) Medically accurate information.--Educational material under paragraph (1), and all other relevant educational and prevention materials prepared and printed from this date forward for the public and health care providers by the Secretary (including materials prepared through the Food and Drug Administration, the Centers for Disease Control and Prevention, and the Health Resources and Services Administration), or by contractors, grantees, or subgrantees thereof, that are specifically designed to address STDs including HPV shall contain medically accurate information regarding the effectiveness or lack of effectiveness of condoms in preventing the STD the materials are designed to address. Such requirement only applies to materials mass produced for the public and health care providers, and not to routine communications.''. SEC. 4. LABELING OF CONDOMS. The Secretary of Health and Human Services shall reexamine existing condom labels that are authorized pursuant to the Federal Food, Drug, and Cosmetic Act to determine whether the labels are medically accurate regarding the overall effectiveness or lack of effectiveness of condoms in preventing sexually transmitted diseases, including HPV. Sec. 517. Section 403(o) of the Food, Drug, and Cosmetic Act (21 U.S.C. 343(o)) is repealed. Subsections (c) and (d) of section 4 of the Saccharin Study and Labeling Act are repealed. Sec. 518. (a) Title VIII of the Social Security Act is amended by inserting after section 810 (42 U.S.C. 1010) the following new section: ``SEC. 810A. OPTIONAL FEDERAL ADMINISTRATION OF STATE RECOGNITION PAYMENTS. ``(a) In General.--The Commissioner of Social Security may enter into an agreement with any State (or political subdivision thereof) that provides cash payments on a regular basis to individuals entitled to benefits under this title under which the Commissioner of Social Security shall make such payments on behalf of such State (or subdivision). ``(b) Agreement terms.-- ``(1) In general.--Such agreement shall include such terms as the Commissioner of Social Security finds necessary to achieve efficient and effective administration of both this title and the State program. ``(2) Financial terms.--Such agreement shall provide for the State to pay the Commissioner of Social Security, at such times and in such installments as the parties may specify-- ``(A) an amount equal to the expenditures made by the Commissioner of Social Security pursuant to such agreement as payments to individuals on behalf of such State; and ``(B) an administration fee to reimburse the administrative expenses incurred by the Commissioner of Social Security in making payments to individuals on behalf of the State. ``(c) Special Disposition of Administration Fees.-- Administration fees, upon collection, shall be credited to a special fund established in the Treasury of the United States for State recognition payments for certain World War II veterans. The amounts so credited, to the extent and in the amounts provided in advance in appropriations Acts, shall be available to defray expenses incurred in carrying out this title.''. (b) Conforming Amendments.-- (1) The Table of Contents of title VIII of the Social Security Act is amended by inserting after ``Sec. 810. Other administrative provisions.'' the following: ``Sec. 810A. Optional federal administration of State recognition payments.''. (2) Section 1129A(e) of the Social Security (42 U.S.C. 1320a-8a(e)) is amended-- (A) by inserting ``VIII or'' after ``benefits under''; (B) by inserting ``810A or'' after ``agreement under section''; (C) by inserting ``1010A or'' before ``1382(e)(a)''; and (D) by inserting ``, as the case may be'' immediately before the period. Sec. 519. Section 1612(a)(1) of the Social Security Act (42 U.S.C. 1382(a) is amended-- (1) in subparagraph (A), by inserting ``but without the application of section 210(j)(3)'' immediately before the semicolon; and (2) in subparagraph (B), by-- (A) striking ``and the last'' and inserting ``the last'', and (B) inserting ``, and section 210(j)(3)'' after ``subsection (a)''. Sec. 520. Amounts made available under this Act for the administrative and related expenses for departmental management for the Department of Labor, the Department of Health and Human Services, and the Department of Education shall be reduced on a pro rata basis by $25,000,000: Provided, That this provision shall not apply to the Food and Drug Administration and the Indian Health Service. TITLE VI--ASSETS FOR INDEPENDENCE SECTION 601. SHORT TITLE. That this title may be cited as the ``Assets for Independence Act Amendments of 2000''. SEC. 602. MATCHING CONTRIBUTIONS UNAVAILABLE FOR EMERGENCY WITHDRAWALS. Section 404(5)(A)(v) of the Assets for Independence Act (42 U.S.C. 604 note) is amended by striking ``, or enabling the eligible individual to make an emergency withdrawal''. SEC. 603. ADDITIONAL QUALIFIED ENTITIES. Section 404(7)(A) of the Assets for Independence Act (42 U.S.C. 604 note) is amended-- (1) in clause (i), by striking ``or'' at the end thereof; (2) in clause (ii), by striking the period at the end and inserting ``; or''; and (3) by adding at the end the following new clause: ``(iii) an entity that-- ``(I) is-- ``(aa) a credit union designated as a low-income credit union by the National Credit Union Administration (NCUA); or ``(bb) an organization designated as a community development financial institution by the Secretary of the Treasury (or the Community Development Financial Institutions Fund); and ``(II) can demonstrate a collaborative relationship with a local community-based organization whose activities are designed to address poverty in the community and the needs of community members for economic independence and stability.''. SEC. 604. HOME PURCHASE COSTS. Section 404(8)(B)(i) of the Assets for Independence Act (42 U.S.C. 604 note) is amended by striking `` 100'' and inserting ``120''. SEC. 605. INCREASED SET-ASIDE FOR ECONOMIC LITERACY TRAINING AND ADMINISTRATIVE COSTS. Section 407(c)(3) of the Assets for Independence Act (42 U.S.C. 604 note) is amended-- (1) by striking ``9.5'' and inserting ``15''; and (2) by inserting after the first sentence the following: ``Of the total amount specified in this paragraph, not more than 7.5 percent shall be used for administrative functions under paragraph (1)(C), including program management, reporting requirements, recruitment and enrollment of individuals, and monitoring. The remainder of the total amount specified in this paragraph (not including the amount specified for use for the purposes described in paragraph (1)(D)) shall be used for nonadministrative functions described in paragraph (1)(A), including case management, budgeting. economic literacy, and credit counseling. If the cost of nonadministrative functions described in paragraph (1)(A) is less than 5.5 percent of the total amount specified in this paragraph, such excess funds may be used for administrative functions.''. SEC. 606. ALTERNATIVE ELIGIBILITY CRITERIA. Section 408(a)(1) of the Assets for Independence Act (42 U.S.C. 604 note) is amended by striking ``does not exceed'' and inserting ``is equal to or less than 200 percent of the poverty line (as determined by the Office of Management and Budget) or''. SEC. 607. REVISED ANNUAL PROGRESS REPORT DEADLINE. (a) In General.--Section 412(c) of the Assets for Independence Act (42 U.S.C. 604 note) is amended by striking ``calendar'' and inserting ``project''. (b) Transitional Deadline.--Notwithstanding the amendment made by subsection (a), the submission of the initial report of a qualified entity under section 412(c) shall not be required prior to the date that is 90 days after the date of enactment of this title. SEC. 608. REVISED INTERIM EVALUATION REPORT DEADLINE. (a) In General.--Section 414(d)(1) of the Assets for Independence Act (42 U.S.C. 604 note) is amended by striking ``calendar'' and inserting ``project''. (b) Transitional Deadline.--Notwithstanding the amendment made by subsection (a), the submission of the initial interim report of the Secretary under section 412(c) shall not be required prior to the date that is 90 days after the date of enactment of this title. SEC. 609. INCREASED APPROPRIATIONS FOR EVALUATION EXPENSES. Subsection (e) of section 414 of the Assets for Independence Act (42 U.S.C. 604 note) is amended to read as follows: ``(e) Evaluation Expenses.--Of the amount appropriated under section 416 for a fiscal year, the Secretary may expend not more than $500,000 for such fiscal year to carry out the objectives of this section.''. SEC. 610. NO REDUCTION IN BENEFITS. Section 415 of the Assets for Independence Act (42 U.S.C. 604 note) is amended to read as follows: ``SEC. 415. NO REDUCTION IN BENEFITS. ``Notwithstanding any other provision of Federal law (other than the Internal Revenue Code of 1986) that requires consideration of 1 or more financial circumstances of an individual, for the purpose of determining eligibility to receive, or the amount of, any assistance or benefit authorized by such law to be provided to or for the benefit of such individual, funds (including interest accruing) in an individual development account under this Act shall be disregarded for such purpose with respect to any period during which such individual maintains or makes contributions into such an account.''. TITLE VII--PHYSICAL EDUCATION FOR PROGRESS ACT Sec. 701. Physical Education for Progress. Title X of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8001 et seq.) is amended by adding at the end the following: [[Page H12121]] ``PART L--PHYSICAL EDUCATION FOR PROGRESS ``SEC. 10999A. SHORT TITLE. ``This part may be cited as the `Physical Education for Progress Act'. ``SEC. 10999B. PURPOSE. ``The purpose of this part is to award grants and contracts to local educational agencies to enable the local educational agencies to initiate, expand and improve physical education programs for all kindergarten through 12th grade students. ``SEC. 10999C. FINDINGS. ``Congress makes the following findings: ``(1) Physical education is essential to the development of growing children. ``(2) Physical education helps improve the overall health of children by improving their cardiovascular endurance, muscular strength and power, and flexibility, and by enhancing weight regulation, bone development, posture, skillful moving, active lifestyle habits, and constructive use of leisure time. ``(3) Physical education helps improve the self esteem, interpersonal relationships, responsible behavior, and independence of children. ``(4) Children who participate in high quality daily physical education programs tend to be more healthy and physically fit. ``(5) The percentage of young people who are overweight has more than doubled in the 30 years preceding 1999. ``(6) Low levels of activity contribute to the high prevalence of obesity among children in the United States. ``(7) Obesity related diseases cost the United States economy more than $100,000,000,000 every year. ``(8) Inactivity and poor diet cause at least 300,000 deaths a year in the United States. ``(9) Physically fit adults have significantly reduced risk factors for heart attacks and stroke. ``(10) Children are not as active as they should be and fewer than 1 in 4 children get 20 minutes of vigorous activity every day of the week. ``(11) The Surgeon General's 1996 Report on Physical Activity and Health, and the Centers for Disease Control and Prevention, recommend daily physical education for all students in kindergarten through grade 12. ``(12) Twelve years after Congress passed House Concurrent Resolution 97, 100th Congress, agreed to December 11, 1987, encouraging State and local governments and local educational agencies to provide high quality daily physical education programs for all children in kindergarten through grade 12, little progress has been made. ``(13) Every student in our Nation's schools, from kindergarten through grade 12, should have the opportunity to participate in quality physical education. It is the unique role of quality physical education programs to develop the health-related fitness, physical competence, and cognitive understanding about physical activity for all students so that the students can adopt healthy and physically active lifestyles. ``SEC. 10999D. PROGRAM AUTHORIZED. ``The Secretary is authorized to award grants to, and enter into contracts with, local educational agencies to pay the Federal share of the costs of initiating, expanding, and improving physical education programs for kindergarten through grade 12 students by-- ``(1) providing equipment and support to enable students to actively participate in physical education activities; and ``(2) providing funds for staff and teacher training and education. ``SEC. 10999E. APPLICATIONS; PROGRAM ELEMENTS. ``(a) Applications.--Each local educational agency desiring a grant or contract under this part shall submit to the Secretary an application that contains a plan to initiate, expand, or improve physical education programs in the schools served by the agency in order to make progress toward meeting State standards for physical education. ``(b) Program Elements.--A physical education program described in any application submitted under subsection (a) may provide-- ``(1) fitness education and assessment to help children understand, improve, or maintain their physical well-being; ``(2) instruction in a variety of motor skills and physical activities designed to enhance the physical, mental, and social or emotional development of every child; ``(3) development of cognitive concepts about motor skill and physical fitness that support a lifelong healthy lifestyle; ``(4) opportunities to develop positive social and cooperative skills through physical activity participation; ``(5) instruction in healthy eating habits and good nutrition; and ``(6) teachers of physical education the opportunity for professional development to stay abreast of the latest research, issues, and trends in the field of physical education. ``(c) Special Rule.--For the purpose of this part, extracurricular activities such as team sports and Reserve Officers' Training Corps (ROTC) program activities shall not be considered as part of the curriculum of a physical education program assisted under this part. ``SEC. 10999F. PROPORTIONALITY. ``The Secretary shall ensure that grants awarded and contracts entered into under this part shall be equitably distributed between local educational agencies serving urban and rural areas, and between local educational agencies serving large and small numbers of students. ``SEC. 10999G. PRIVATE SCHOOL STUDENTS AND HOME-SCHOOLED STUDENTS. ``An application for funds under this part may provide for the participation, in the activities funded under this part, of-- ``(1) homeschooled children, and their parents and teachers; or ``(2) children enrolled in private nonprofit elementary schools or secondary schools, and their parents and teachers. ``SEC. 10999H. REPORT REQUIRED FOR CONTINUED FUNDING. ``As a condition to continue to receive grant or contract funding after the first year of a multiyear grant or contract under this part, the administrator of the grant or contract for the local educational agency shall submit to the Secretary an annual report that describes the activities conducted during the preceding year and demonstrates that progress has been made toward meeting State standards for physical education. ``SEC. 10999I. REPORT TO CONGRESS. ``The Secretary shall submit a report to Congress not later than June 1, 2003, that describes the programs assisted under this part, documents the success of such programs in improving physical fitness, and makes such recommendations as the Secretary determines appropriate for the continuation and improvement of the programs assisted under this part. ``SEC. 10999J. ADMINISTRATIVE COSTS. ``Not more than 5 percent of the grant or contract funds made available to a local educational agency under this part for any fiscal year may be used for administrative costs. ``SEC. 10999K. FEDERAL SHARE; SUPPLEMENT NOT SUPPLANT. ``(a) Federal Share.--The Federal share under this part may not exceed-- ``(1) 90 percent of the total cost of a project for the first year for which the project receives assistance under this part; and ``(2) 75 percent of such cost for the second and each subsequent such year. ``(b) Supplement not Supplant.--Funds made available under this part shall be used to supplement and not supplant other Federal, State and local funds available for physical education activities. ``SEC. 10999L. AUTHORIZATION OF APPROPRIATIONS. ``There are authorized to be appropriated $30,000,000 for fiscal year 2001, $70,000,000 for fiscal year 2002, and $100,000,000 for each of the fiscal years 2003 through 2005, to carry out this part. Such funds shall remain available until expended.''. TITLE VIII--EARLY LEARNING OPPORTUNITIES SEC. 801. SHORT TITLE; FINDINGS. (a) Short Title.--This title may be cited as the ``Early Learning Opportunities Act''. (b) Findings.--Congress finds that-- (1) medical research demonstrates that adequate stimulation of a young child's brain between birth and age 5 is critical to the physical development of the young child's brain; (2) parents are the most significant and effective teachers of their children, and they alone are responsible for choosing the best early learning opportunities for their child; (3) parent education and parent involvement are critical to the success of any early learning program or activity; (4) the more intensively parents are involved in their child's early learning, the greater the cognitive and noncognitive benefits to their children; (5) many parents have difficulty finding the information and support the parents seek to help their children grow to their full potential; (6) each day approximately 13,000,000 young children, including 6,000,000 infants or toddlers, spend some or all of their day being cared for by someone other than their parents; (7) quality early learning programs, including those designed to promote effective parenting, can increase the literacy rate, the secondary school graduation rate, the employment rate, and the college enrollment rate for children who have participated in voluntary early learning programs and activities; (8) early childhood interventions can yield substantial advantages to participants in terms of emotional and cognitive development, education, economic well-being, and health, with the latter 2 advantages applying to the children's families as well; (9) participation in quality early learning programs, including those designed to promote effective parenting, can decrease the future incidence of teenage pregnancy, welfare dependency, at-risk behaviors, and juvenile delinquency for children; (10) several cost-benefit analysis studies indicate that for each $1 invested in quality early learning programs, the Federal Government can save over $5 by reducing the number of children and families who participate in Federal Government programs like special education and welfare; (11) for children placed in the care of others during the workday, the low salaries paid to the child care staff, the lack of career progression for the staff, and the lack of child development specialists involved in early learning and child care programs, make it difficult to attract and retain the quality of staff necessary for a positive early learning experience; (12) Federal Government support for early learning has primarily focused on out-of-home care programs like those established under the Head Start Act, the Child Care and Development Block Grant of 1990, and part C of the Individuals with Disabilities Education Act, and these programs-- (A) serve far fewer than half of all eligible children; (B) are not primarily designed to provide support for parents who care for their young children in the home; and (C) lack a means of coordinating early learning opportunities in each community; and [[Page H12122]] (13) by helping communities increase, expand, and better coordinate early learning opportunities for children and their families, the productivity and creativity of future generations will be improved, and the Nation will be prepared for continued leadership in the 21st century. SEC. 802. PURPOSES. The purposes of this title are-- (1) to increase the availability of voluntary programs, services, and activities that support early childhood development, increase parent effectiveness, and promote the learning readiness of young children so that young children enter school ready to learn; (2) to support parents, child care providers, and caregivers who want to incorporate early learning activities into the daily lives of young children; (3) to remove barriers to the provision of an accessible system of early childhood learning programs in communities throughout the United States; (4) to increase the availability and affordability of professional development activities and compensation for caregivers and child care providers; and (5) to facilitate the development of community-based systems of collaborative service delivery models characterized by resource sharing, linkages between appropriate supports, and local planning for services. SEC. 803. DEFINITIONS. In this title: (1) Caregiver.--The term ``caregiver'' means an individual, including a relative, neighbor, or family friend, who regularly or frequently provides care, with or without compensation, for a child for whom the individual is not the parent. (2) Child care provider.--The term ``child care provider'' means a provider of non-residential child care services (including center-based, family-based, and in-home child care services) for compensation who or that is legally operating under State law, and complies with applicable State and local requirements for the provision of child care services. (3) Early learning.--The term ``early learning'', used with respect to a program or activity, means learning designed to facilitate the development of cognitive, language, motor, and social-emotional skills for, and to promote learning readiness in, young children. (4) Early learning program.--The term ``early learning program'' means-- (A) a program of services or activities that helps parents, caregivers, and child care providers incorporate early learning into the daily lives of young children; or (B) a program that directly provides early learning to young children. (5) Indian tribe.--The term ``Indian tribe'' has the meaning given the term in section 4 of the Indian Self- Determination and Education Assistance Act (25 U.S.C. 450b). (6) Local Council.--The term ``Local Council'' means a Local Council established or designated under section 814(a) that serves one or more localities. (7) Locality.--The term ``locality'' means a city, county, borough, township, or area served by another general purpose unit of local government, an Indian tribe, a Regional Corporation, or a Native Hawaiian entity. (8) Parent.--The term ``parent'' means a biological parent, an adoptive parent, a stepparent, a foster parent, or a legal guardian of, or a person standing in loco parentis to, a child. (9) Poverty line.--The term ``poverty line'' means the poverty line (as defined by the Office of Management and Budget, and revised annually in accordance with section 673(2) of the Community Services Block Grant Act (42 U.S.C. 9902(2))) applicable to a family of the size involved. (10) Regional corporation.--The term ``Regional Corporation'' means an entity listed in section 419(4)(B) of the Social Security Act (42 U.S.C. 619(4)(B)). (11) Secretary.--The term ``Secretary'' means the Secretary of Health and Human Services. (12) State.--The term ``State'' means each of the several States of the United States, the District of Columbia, and the Commonwealth of Puerto Rico. (13) Training.--The term ``training'' means instruction in early learning that-- (A) is required for certification under State and local laws, regulations, and policies; (B) is required to receive a nationally or State recognized credential or its equivalent; (C) is received in a postsecondary education program focused on early learning or early childhood development in which the individual is enrolled; or (D) is provided, certified, or sponsored by an organization that is recognized for its expertise in promoting early learning or early childhood development. (14) Young child.--The term ``young child'' means any child from birth to the age of mandatory school attendance in the State where the child resides. SEC. 804. PROHIBITIONS. (a) Participation Not Required.--No person, including a parent, shall be required to participate in any program of early childhood education, early learning, parent education, or developmental screening pursuant to the provisions of this title. (b) Rights of Parents.--Nothing in this title shall be construed to affect the rights of parents otherwise established in Federal, State, or local law. (c) Particular Methods or Settings.--No entity that receives funds under this title shall be required to provide services under this title through a particular instructional method or in a particular instructional setting to comply with this title. (d) Nonduplication.--No funds provided under this title shall be used to carry out an activity funded under another provision of law providing for Federal child care or early learning programs, unless an expansion of such activity is identified in the local needs assessment and performance goals under this title. SEC. 805. AUTHORIZATION AND APPROPRIATION OF FUNDS. There are authorized to be appropriated to the Department of Health and Human Services to carry out this title-- (1) $750,000,000 for fiscal year 2001; (2) $1,000,000,000 for fiscal year 2002; (3) $1,500,000,000 for fiscal year 2003; and (4) such sums as may be necessary for each of the fiscal years 2004 and 2005. SEC. 806. COORDINATION OF FEDERAL PROGRAMS. (a) Coordination.--The Secretary and the Secretary of Education shall develop mechanisms to resolve administrative and programmatic conflicts between Federal programs that would be a barrier to parents, caregivers, service providers, or children related to the coordination of services and funding for early learning programs. (b) Use of Equipment and Supplies.--In the case of a collaborative activity funded under this title and another provision of law providing for Federal child care or early learning programs, the use of equipment and nonconsumable supplies purchased with funds made available under this title or such provision shall not be restricted to children enrolled or otherwise participating in the program carried out under this title or such provision, during a period in which the activity is predominately funded under this title or such provision. SEC. 807. PROGRAM AUTHORIZED. (a) Grants.--From amounts appropriated under section 805 the Secretary shall award grants to States to enable the States to award grants to Local Councils to pay the Federal share of the cost of carrying out early learning programs in the locality served by the Local Council. (b) Federal Share.-- (1) In general.--The Federal share of the cost described in subsections (a) and (e) shall be 85 percent for the first and second years of the grant, 80 percent for the third and fourth years of the grant, and 75 percent for the fifth and subsequent years of the grant. (2) Non-federal share.--The non-Federal share of the cost described in subsections (a) and (e) may be contributed in cash or in kind, fairly evaluated, including facilities, equipment, or services, which may be provided from State or local public sources, or through donations from private entities. For the purposes of this paragraph the term ``facilities'' includes the use of facilities, but the term ``equipment'' means donated equipment and not the use of equipment. (c) Maintenance of Effort.--The Secretary shall not award a grant under this title to any State unless the Secretary first determines that the total expenditures by the State and its political subdivisions to support early learning programs (other than funds used to pay the non-Federal share under subsection (b)(2)) for the fiscal year for which the determination is made is equal to or greater than such expenditures for the preceding fiscal year. (d) Supplement Not Supplant.--Amounts received under this title shall be used to supplement and not supplant other Federal, State, and local public funds expended to promote early learning. (e) Special Rule.--If funds appropriated to carry out this title are less than $150,000,000 for any fiscal year, the Secretary shall award grants for the fiscal year directly to Local Councils, on a competitive basis, to pay the Federal share of the cost of carrying out early learning programs in the locality served by the Local Council. In carrying out the preceding sentence-- (1) subsection (c), subsections (b) and (c) of section 810, and paragraphs (1), (2), and (3) of section 811(a) shall not apply; (2) State responsibilities described in section 811(d) shall be carried out by the Local Council with regard to the locality; (3) the Secretary shall provide such technical assistance and monitoring as necessary to ensure that the use of the funds by Local Councils and the distribution of the funds to Local Councils are consistent with this title; and (4) subject to paragraph (1), the Secretary shall assume the responsibilities of the Lead State Agency under this title, as appropriate. SEC. 808. USES OF FUNDS. (a) In General.--Subject to section 810, grant funds under this title shall be used to pay for developing, operating, or enhancing voluntary early learning programs that are likely to produce sustained gains in early learning. (b) Limited Uses.--Subject to section 810, Lead State Agencies and Local Councils shall ensure that funds made available under this title to the agencies and Local Councils are used for 3 or more of the following activities: (1) Helping parents, caregivers, child care providers, and educators increase their capacity to facilitate the development of cognitive, language comprehension, expressive language, social-emotional, and motor skills, and promote learning readiness. (2) Promoting effective parenting. (3) Enhancing early childhood literacy. (4) Developing linkages among early learning programs within a community and between early learning programs and health care services for young children. (5) Increasing access to early learning opportunities for young children with special needs, including developmental delays, by facilitating coordination with other programs serving such young children. (6) Increasing access to existing early learning programs by expanding the days or times that the young children are served, by expanding the number of young children served, or by improving the affordability of the programs for low-income families. [[Page H12123]] (7) Improving the quality of early learning programs through professional development and training activities, increased compensation, and recruitment and retention incentives, for early learning providers. (8) Removing ancillary barriers to early learning, including transportation difficulties and absence of programs during nontraditional work times. (c) Requirements.--Each Lead State Agency designated under section 810(c) and Local Councils receiving a grant under this title shall ensure-- (1) that Local Councils described in section 814 work with local educational agencies to identify cognitive, social, emotional, and motor developmental abilities which are necessary to support children's readiness for school; (2) that the programs, services, and activities assisted under this title will represent developmentally appropriate steps toward the acquisition of those abilities; and (3) that the programs, services, and activities assisted under this title collectively provide benefits for children cared for in their own homes as well as children placed in the care of others. (d) Sliding Scale Payments.--States and Local Councils receiving assistance under this title shall ensure that programs, services, and activities assisted under this title which customarily require a payment for such programs, services, or activities, adjust the cost of such programs, services, and activities provided to the individual or the individual's child based on the individual's ability to pay. SEC. 809. RESERVATIONS AND ALLOTMENTS. (a) Reservation for Indian Tribes, Alaska Natives, and Native Hawaiians.--The Secretary shall reserve 1 percent of the total amount appropriated under section 805 for each fiscal year, to be allotted to Indian tribes, Regional Corporations, and Native Hawaiian entities, of which-- (1) 0.5 percent shall be available to Indian tribes; and (2) 0.5 percent shall be available to Regional Corporations and Native Hawaiian entities. (b) Allotments.--From the funds appropriated under this title for each fiscal year that are not reserved under subsection (a), the Secretary shall allot to each State the sum of-- (1) an amount that bears the same ratio to 50 percent of such funds as the number of children 4 years of age and younger in the State bears to the number of such children in all States; and (2) an amount that bears the same ratio to 50 percent of such funds as the number of children 4 years of age and younger living in families with incomes below the poverty line in the State bears to the number of such children in all States. (c) Minimum Allotment.--No State shall receive an allotment under subsection (b) for a fiscal year in an amount that is less than .40 percent of the total amount appropriated for the fiscal year under this title. (d) Availability of Funds.--Any portion of the allotment to a State that is not expended for activities under this title in the fiscal year for which the allotment is made shall remain available to the State for 2 additional years, after which any unexpended funds shall be returned to the Secretary. The Secretary shall use the returned funds to carry out a discretionary grant program for research-based early learning demonstration projects. (e) Data.--The Secretary shall make allotments under this title on the basis of the most recent data available to the Secretary. SEC. 810. GRANT ADMINISTRATION. (a) Federal Administrative Costs.--The Secretary may use not more than 3 percent of the amount appropriated under section 805 for a fiscal year to pay for the administrative costs of carrying out this title, including the monitoring and evaluation of State and local efforts. (b) State Administrative Costs.--A State that receives a grant under this title may use-- (1) not more than 2 percent of the funds made available through the grant to carry out activities designed to coordinate early learning programs on the State level, including programs funded or operated by the State educational agency, health, children and family, and human service agencies, and any State-level collaboration or coordination council involving early learning and education, such as the entities funded under section 640(a)(5) of the Head Start Act (42 U.S.C. 9835 (a)(5)); (2) not more than 2 percent of the funds made available through the grant for the administrative costs of carrying out the grant program and the costs of reporting State and local efforts to the Secretary; and (3) not more than 3 percent of the funds made available through the grant for training, technical assistance, and wage incentives provided by the State to Local Councils. (c) Lead State Agency.-- (1) In general.--To be eligible to receive an allotment under this title, the Governor of a State shall appoint, after consultation with the leadership of the State legislature, a Lead State Agency to carry out the functions described in paragraph (2). (2) Lead state agency.-- (A) Allocation of funds.--The Lead State Agency described in paragraph (1) shall allocate funds to Local Councils as described in section 812. (B) Functions of agency.--In addition to allocating funds pursuant to subparagraph (A), the Lead State Agency shall-- (i) advise and assist Local Councils in the performance of their duties under this title; (ii) develop and submit the State application; (iii) evaluate and approve applications submitted by Local Councils under section 813; (iv) ensure collaboration with respect to assistance provided under this title between the State agency responsible for education and the State agency responsible for children and family services; (v) prepare and submit to the Secretary, an annual report on the activities carried out in the State under this title, which shall include a statement describing how all funds received under this title are expended and documentation of the effects that resources under this title have had on-- (I) parental capacity to improve learning readiness in their young children; (II) early childhood literacy; (III) linkages among early learning programs; (IV) linkages between early learning programs and health care services for young children; (V) access to early learning activities for young children with special needs; (VI) access to existing early learning programs through expansion of the days or times that children are served; (VII) access to existing early learning programs through expansion of the number of young children served; (VIII) access to and affordability of existing early learning programs for low-income families; (IX) the quality of early learning programs resulting from professional development, and recruitment and retention incentives for caregivers; and (X) removal of ancillary barriers to early learning, including transportation difficulties and absence of programs during nontraditional work times; and (vi) ensure that training and research is made available to Local Councils and that such training and research reflects the latest available brain development and early childhood development research related to early learning. SEC. 811. STATE REQUIREMENTS. (a) Eligibility.--To be eligible for a grant under this title, a State shall-- (1) ensure that funds received by the State under this title shall be subject to appropriation by the State legislature, consistent with the terms and conditions required under State law; (2) designate a Lead State Agency under section 810(c) to administer and monitor the grant and ensure State-level coordination of early learning programs; (3) submit to the Secretary an application at such time, in such manner, and accompanied by such information as the Secretary may require; (4) ensure that funds made available under this title are distributed on a competitive basis throughout the State to Local Councils serving rural, urban, and suburban areas of the State; and (5) assist the Secretary in developing mechanisms to ensure that Local Councils receiving funds under this title comply with the requirements of this title. (b) State Preference.--In awarding grants to Local Councils under this title, the State, to the maximum extent possible, shall ensure that a broad variety of early learning programs that provide a continuity of services across the age spectrum assisted under this title are funded under this title, and shall give preference to supporting-- (1) a Local Council that meets criteria, that are specified by the State and approved by the Secretary, for qualifying as serving an area of greatest need for early learning programs; and (2) a Local Council that demonstrates, in the application submitted under section 813, the Local Council's potential to increase collaboration as a means of maximizing use of resources provided under this title with other resources available for early learning programs. (c) Local Preference.--In awarding grants under this title, Local Councils shall give preference to supporting-- (1) projects that demonstrate their potential to collaborate as a means of maximizing use of resources provided under this title with other resources available for early learning programs; (2) programs that provide a continuity of services for young children across the age spectrum, individually, or through community-based networks or cooperative agreements; and (3) programs that help parents and other caregivers promote early learning with their young children. (d) Performance Goals.-- (1) Assessments.--Based on information and data received from Local Councils, and information and data available through State resources, the State shall biennially assess the needs and available resources related to the provision of early learning programs within the State. (2) Performance goals.--Based on the analysis of information described in paragraph (1), the State shall establish measurable performance goals to be achieved through activities assisted under this title. (3) Requirement.--The State shall award grants to Local Councils only for purposes that are consistent with the performance goals established under paragraph (2). (4) Report.--The State shall report to the Secretary annually regarding the State's progress toward achieving the performance goals established in paragraph (2) and any necessary modifications to those goals, including the rationale for the modifications. (5) Improvement plans.--If the Secretary determines, based on the State report submitted under paragraph (4), that the State is not making progress toward achieving the performance goals described in paragraph (2), then the State shall submit a performance improvement plan to the Secretary, and demonstrate reasonable progress in implementing such plan, in order to remain eligible for funding under this title. SEC. 812. LOCAL ALLOCATIONS. (a) In General.--The Lead State Agency shall allocate to Local Councils in the State not less than 93 percent of the funds provided to the State under this title for a fiscal year. (b) Limitation.--The Lead State Agency shall allocate funds provided under this title on the basis of the population of the locality served by the Local Council. [[Page H12124]] SEC. 813. LOCAL APPLICATIONS. (a) In General.--To be eligible to receive assistance under this title, the Local Council shall submit an application to the Lead State Agency at such time, in such manner, and containing such information as the Lead State Agency may require. (b) Contents.--Each application submitted pursuant to subsection (a) shall include a statement ensuring that the local government entity, Indian tribe, Regional Corporation, or Native Hawaiian entity has established or designated a Local Council under section 814, and the Local Council has developed a local plan for carrying out early learning programs under this title that includes-- (1) a needs and resources assessment concerning early learning services and a statement describing how early learning programs will be funded consistent with the assessment; (2) a statement of how the Local Council will ensure that early learning programs will meet the performance goals reported by the Lead State Agency under this title; and (3) a description of how the Local Council will form collaboratives among local youth, social service, and educational providers to maximize resources and concentrate efforts on areas of greatest need. SEC. 814. LOCAL ADMINISTRATION. (a) Local Council.-- (1) In general.--To be eligible to receive funds under this title, a local government entity, Indian tribe, Regional Corporation, or Native Hawaiian entity, as appropriate, shall establish or designate a Local Council, which shall be composed of-- (A) representatives of local agencies directly affected by early learning programs assisted under this title; (B) parents; (C) other individuals concerned with early learning issues in the locality, such as representative entities providing elementary education, child care resource and referral services, early learning opportunities, child care, and health services; and (D) other key community leaders. (2) Designating existing entity.--If a local government entity, Indian tribe, Regional Corporation, or Native Hawaiian entity has, before the date of enactment of the Early Learning Opportunities Act, a Local Council or a regional entity that is comparable to the Local Council described in paragraph (1), the entity, tribe or corporation may designate the council or entity as a Local Council under this title, and shall be considered to have established a Local Council in compliance with this subsection. (3) Functions.--The Local Council shall be responsible for preparing and submitting the application described in section 813. (b) Administration.-- (1) Administrative costs.--Not more than 3 percent of the funds received by a Local Council under this title shall be used to pay for the administrative costs of the Local Council in carrying out this title. (2) Fiscal agent.--A Local Council may designate any entity, with a demonstrated capacity for administering grants, that is affected by, or concerned with, early learning issues, including the State, to serve as fiscal agent for the administration of grant funds received by the Local Council under this title. TITLE IX--RURAL EDUCATION ACHIEVEMENT PROGRAM SEC. 901. RURAL EDUCATION INITIATIVE. Subpart 2 of part J of title X of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8291 et seq.) is amended to read as follows: ``Subpart 2--Rural Education Initiative ``SEC. 10971. SHORT TITLE. ``This subpart may be cited as the `Rural Education Achievement Program'. ``SEC. 10972. PURPOSE. ``It is the purpose of this subpart to address the unique needs of rural school districts that frequently-- ``(1) lack the personnel and resources needed to compete for Federal competitive grants; and ``(2) receive formula allocations in amounts too small to be effective in meeting their intended purposes. ``SEC. 10973. AUTHORIZATION OF APPROPRIATIONS. ``There are authorized to be appropriated to carry out this subpart $62,500,000 for fiscal year 2001. ``SEC. 10974. FORMULA GRANT PROGRAM AUTHORIZED. ``(a) Alternative Uses.-- ``(1) In general.--Notwithstanding any other provision of law, an eligible local educational agency may use the applicable funding, that the agency is eligible to receive from the State educational agency for a fiscal year, to carry out local activities authorized in part A of title I, section 2210(b), section 3134, or section 4116. ``(2) Notification.--An eligible local educational agency shall notify the State educational agency of the local educational agency's intention to use the applicable funding in accordance with paragraph (1) not later than a date that is established by the State educational agency for the notification. ``(b) Eligibility.--A local educational agency shall be eligible to use the applicable funding in accordance with subsection (a) if-- ``(1) the total number of students in average daily attendance at all of the schools served by the local educational agency is less than 600; and ``(2) all of the schools served by the local educational agency are designated with a School Locale Code of 7 or 8, as determined by the Secretary of Education. ``(c) Applicable Funding.--In this section, the term `applicable funding' means funds provided under each of titles II, IV, and VI, except for funds made available under section 321 of the Department of Education Appropriations Act, 2001. ``(d) Disbursal.--Each State educational agency that receives applicable funding for a fiscal year shall disburse the applicable funding to local educational agencies for alternative uses under this section for the fiscal year at the same time that the State educational agency disburses the applicable funding to local educational agencies that do not intend to use the applicable funding for such alternative uses for the fiscal year. ``(e) Supplement Not Supplant.--Funds made available under this section shall be used to supplement and not supplant any other State or local education funds. ``(f) Special Rule.--References in Federal law to funds for the provisions of law set forth in subsection (c) may be considered to be references to funds for this section. ``(g) Construction.--Nothing in this subpart shall be construed to prohibit a local educational agency that enters into cooperative arrangements with other local educational agencies for the provision of special, compensatory, or other education services pursuant to State law or a written agreement from entering into similar arrangements for the use or the coordination of the use of the funds made available under this subpart. ``SEC. 10975. COMPETITIVE GRANT PROGRAM AUTHORIZED. ``(a) In General.--The Secretary is authorized to award grants to eligible local educational agencies to enable the local educational agencies to carry out local activities authorized in part A of title I, section 2210(b), section 3134, or section 4116. ``(b) Eligibility.--A local educational agency shall be eligible to receive a grant under this section if-- ``(1) the total number of students in average daily attendance at all of the schools served by the local educational agency is less than 600; and ``(2) all of the schools served by the local educational agency are designated with a School Locale Code of 7 or 8, as determined by the Secretary of Education. ``(c) Amount.-- ``(1) In general.--The Secretary shall award a grant to a local educational agency under this section for a fiscal year in an amount equal to the amount determined under paragraph (2) for the fiscal year minus the total amount received under the provisions of law described under section 10974(c) for the fiscal year. ``(2) Determination.--The amount referred to in paragraph (1) is equal to $100 multiplied by the total number of students in excess of 50 students that are in average daily attendance at the schools served by the local educational agency, plus $20,000, except that the amount may not exceed $60,000. ``(3) Census determination.-- ``(A) In general.--Each local educational agency desiring a grant under this section shall determine for each year the number of kindergarten through grade 12 students in average daily attendance at the schools served by the local educational agency during the period beginning or the first day of classes and ending on December 1. ``(B) Submission.--Each local educational agency shall submit the number described in subparagraph (A) to the Secretary not later than March 1 of each year. ``(4) Penalty.--If the Secretary determines that a local educational agency has knowingly submitted false information under paragraph (3) for the purpose of gaining additional funds under this section, then the local educational agency shall be fined an amount equal to twice the difference between the amount the local educational agency received under this section, and the correct amount the local educational agency would have received under this section if the agency had submitted accurate information under paragraph (3). ``(d) Disbursal.--The Secretary shall disburse the funds awarded to a local educational agency under this section for a fiscal year not later than July 1 of that year. ``(e) Supplement Not Supplant.--Funds made available under this section shall be used to supplement and not supplant any other State or local education funds. ``SEC. 10976. ACCOUNTABILITY. ``(a) Academic Achievement.-- ``(1) In general.--Each local educational agency that uses or receives funds under section 10974 or 10975 for a fiscal year shall-- ``(A) administer an assessment that is used statewide and is consistent with the assessment described in section 1111(b), to assess the academic achievement of students in the schools served by the local educational agency; or ``(B) in the case of a local educational agency for which there is no statewide assessment described in subparagraph (A), administer a test, that is selected by the local educational agency, to assess the academic achievement of students in the schools served by the local educational agency. ``(2) Special rule.--Each local educational agency that uses or receives funds under section 10974 or 10975 shall use the same assessment or test described in paragraph (1) for each year of participation in the program carried out under such section. ``(b) State Educational Agency Determination Regarding Continuing Participation.--Each State educational agency that receives funding under the provisions of law described in section 10974(c) shall-- ``(1) after the third year that a local educational agency in the State participates in a program authorized under section 10974 or 10975 [[Page H12125]] and on the basis of the results of the assessments or tests described in subsection (a), determine whether the students served by the local educational agency participating in the program performed better on the assessments or tests after the third year of the participation than the students performed on the assessments or tests after the first year of the participation; ``(2) permit only the local educational agencies that participated in the program and served students that performed better on the assessments or tests, as described in paragraph (1), to continue to participate in the program for an additional period of 3 years; and ``(3) prohibit the local educational agencies that participated in the program and served students that did not perform better on the assessments or tests, as described in paragraph (1), from participating in the program, for a period of 3 years from the date of the determination. ``SEC. 10977. RATABLE REDUCTIONS IN CASE OF INSUFFICIENT APPROPRIATIONS. ``(a) In General.--If the amount appropriated for any fiscal year and made available for grants under this subpart is insufficient to pay the full amount for which all agencies are eligible under this subpart, the Secretary shall ratably reduce each such amount. ``(b) Additional Amounts.--If additional funds become available for making payments under paragraph (1) for such fiscal year, payments that were reduced under subsection (a) shall be increased on the same basis as such payments were reduced. ``SEC. 10978. APPLICABILITY. ``Sections 10951 and 10952 shall not apply to this subpart.''. This Act may be cited as the ``Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Act, 2001''. DEPARTMENTS OF LABOR, HEALTH AND HUMAN SERVICES, AND EDUCATION, AND RELATED AGENCIES APPROPRIATIONS Following is explanatory language on H.R. 5656, as introduced on December 14, 2000. The conferees on H.R. 4577 agree with the matter included in H.R. 5656 and enacted in this conference report by reference and the following description. This bill was developed through negotiations by the conferees on the differences in H.R. 4577. References in the following description to the ``conference agreement'' mean the matter included in the introduced bill enacted by this conference report. References to the House bill mean the House passed H.R. 4577. References to the Senate bill or to the Senate amendment mean the Senate passed version of H.R. 4577. In implementing this agreement, the Departments and agencies should comply with the language and instructions set forth in House Report 106-645 and Senate Report 106-293. In the case where the language and instructions specifically address the allocation of funds, the Departments and agencies are to follow the funding levels specified in the Congressional budget justifications accompanying the fiscal year 2001 budget or the underlying authorizing statute and should give full consideration to all items, including items allocating specific funding included in the House and Senate reports. With respect to the provisions in the House and Senate reports that specifically allocate funds each has been reviewed and those that are jointly concurred in have been included in this joint statement. The conferees specifically endorse the provisions of the House Report 105-205 directing ``* * * the Departments of Labor, Health and Human Services, and Education and the Social Security Administration and the Railroad Retirement Board to submit operating plans with respect to discretionary appropriations to the House and Senate Committees on Appropriations. These plans, which are to be submitted within 30 days of the final passage of the bill, must be signed by the respective Departmental Secretaries, the Social Security Commissioner and the Chairman of the Railroad Retirement Board.'' The conferees expect the Departments and agencies covered by this directive to meet with the House and Senate Committees as soon as possible after enactment of the bill to develop a methodology to assure adequate and timely information on the allocation of funds within accounts within this conference report while minimizing the need for unnecessary and duplicative submissions. The Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Act, 2001, put in place by this bill, incorporates the following agreements of the managers: TITLE I--DEPARTMENT OF LABOR Employment and Training Administration Training and Employment Services The conference agreement includes $5,670,805,000 for training and employment services instead of $5,015,495,000 as proposed by the House and $5,453,141,000 as proposed by the Senate. Of the amount appropriated, $2,463,000,000 is an advance appropriation for fiscal year 2002. The conference agreement includes $1,400,000,000, which is the House level for Job Corps, but eliminates the October 1, 2000 availability of funds for hiring Business and Community Liaisons. The conference agreement includes $15,000,000 for this purpose, but the funds are made available on July 1, 2001, the normal funding cycle for Job Corps operations. The conference agreement includes $586,487 made available for Job Corps operating expenses to be paid to the city of Vergennes, Vermont in settlement of the city's claim. The conference agreement includes $1,590,040,000 for the Dislocated Worker program, as a step toward providing all dislocated workers who want and need assistance the resources to train for or find new jobs. The conference agreement includes $1,102,965,000 for Youth Activities. This increase will allow local communities to address the reduction in the number of youth served in this year's summer jobs program resulting from a shift to comprehensive services, to establish new local youth councils, and to implement other reforms to youth training activities and services, all required under the Workforce Investment Act. At the time the conferees acted on this bill, an increase in the minimum wage had not yet been enacted by Congress. If Congress enacts an increase in the minimum wage prior to the beginning of program year 2001, which begins April 1, 2001 for the youth activities grants, the conferees expect the Administration to submit a supplemental request for the 2001 youth program as part of its fiscal year 2002 budget request. The conferees intend that the number of program participants to be served will not be decreased as a result of any minimum wage increase. The conference agreement includes $275,000,000 to expand to more communities the Youth Opportunity Grants aimed at increasing the long-term employment of youth who live in empowerment zones, enterprise communities, and other high- poverty areas. The conference agreement includes $55,000,000 for the Responsible Reintegration for Young Offenders initiative to address youth offender issues. This new initiative involving DOL, HHS, and DOJ, will build on work begun earlier. The conference agreement includes language authorizing the use of funds under the dislocated workers program for projects that provide assistance to new entrants in the workforce and incumbent workers as proposed by the Senate. The conference agreement also includes language to waive a 10 percent limitation in the Workforce Investment Act with respect to the use of discretionary funds to carry out demonstration and pilot projects, multi-service projects and multi-state projects with regard to dislocated workers and to waive certain other provisions in that Act. The language is similar to that in the Senate bill. The House bill contained no similar provisions. The conference agreement includes a citation to the Women in Apprenticeship and Nontraditional Occupations Act as proposed by the House. The Senate bill did not cite this Act. The conferees direct the Department, within the funds appropriated for fiscal year 2000 for National Emergency Grants within the Dislocated Worker program, to respond to an anticipated request by the State of Wisconsin for emergency funds to address layoffs in the community of Wisconsin Rapids. The conferees direct the Department, within the funds appropriated for FY 2000 for National Emergency Grants within the Dislocated Worker program, to provide in response to an anticipated request by the State of North Carolina for $175,000 in emergency funds to address major layoffs in the community of Gaston County. With respect to the projects listed below for both the Dislocated Worker program and the Pilots and Demonstrations authority, the conferees acknowledge changes under the Workforce Investment Act to develop and implement techniques and approaches, and demonstrate the effectiveness of specialized methods of addressing the employment and training needs of individuals. The conferees encourage the Department to ensure that these projects are coordinated with local Workforce Investment Boards. The conferees also encourage the Department of Labor to ensure that project performance is adequately documented and evaluated. The conference agreement includes the following amounts for the following projects and activities: Dislocated workers --$600,000 to develop and implement technology training through the Resource Recovery Program--Campbellsville University, TN; --$500,000 for Workforce Development project to retrain older incumbent workers for Montana workforce--Montana State University, Billings; --$1,600,000 to the Montana Tech Foundation for the Northwest Regional Miner--Training and Research Facility-- Butte, Montana; --$800,000 for the River Valley Machine Tool Technology program to retrain displaced workers--Central Maine Technical College; --$1,400,000 for Coastal Enterprises Inc.'s New Enterprise Initiative Fund (NEIF) to provide training for dislocated workers to transition into new jobs--Maine; --$650,000 for the Iowa Training Opportunities Program; --$927,000 for the JobLinks Program; --$50,000 for Clemson University to retrain tobacco farmers; --$185,000 for the Hawaii Department of Labor/Kauai Cooperative Extension; --$464,000 for High Tech Training--Maui, Hawaii; --$861,000 for the Clayton College and State University in Georgia for a virtual education and training project; --$184,000 for the Adult Computer Skills Training Initiative (ACSTI) through the [[Page H12126]] Education and Research Consortium of Western North Carolina, Inc.; --$464,000 for the Bethel Native Corp.--Alaska; and --$500,000 for the University of Alaska/Ketchikan Shipyards training program for shipyard workers. Pilots and demonstrations --$1,275,000 for the Mott Community College Workforce Development Institute for Manufacturing Simulation--access to electronic library of technology, developed as part of DOL's America's Learning Exchange--Michigan; --$1,000,000 for Jobs for America's Graduates, School-to- Work projects for at-risk young people; --$500,000 to the University of Mississippi for Workforce training to support real time captioning initiatives for the hearing disabled--Oxford, Mississippi; --$750,000 for Technology Tool Kit to train at-risk young people in occupations related to the use of automated identification technology--Mississippi Valley State University; --$850,000 to train Northern Maine's workforce for employment in the metal trades--Northern Maine Technical College; --$691,000 to the San Diego State University Foundation to implement innovative high-tech training programs; --$900,000 for the South Dakota Intertribal Bison Cooperative; --$700,000 for the Greater Columbus Ohio Chamber of Commerce Career Academies program--project to design and test programs in partnership with workforce development system; --$250,000 for Job Corps of North Dakota for the Fellowship Executive Training Program; --$276,000 to the City of Monrovia, CA to train youth in information technologies; --$1,059,000 to the Californina State Polytechnic University in Pomona, CA to develop technology training programs; --$921,000 to Precision Manufacturing Institute in Meadville, PA for training in the latest technology in the tooling and machine trades; --$921,000 to Enterprise State Junior College in Enterprise, AL for technology training in the College's Center for Higher Technology; --$369,000 to Employment Solutions in Lexington, KY; --$855,000 to Florida Community College at Jacksonville for aircraft maintenance training at the Aviation/Aerospace Center of Excellence; --$92,000 to the Chesapeake Center for Youth Development in Baltimore, MD for serving at-risk youth; --$276,000 to Benedictine Programs and Services in Ridgely, MD for serving at-risk youth through the Industrial Training Center; --$92,000 to Green Thumb, Inc. to conduct a program for low-income elders to develop entrepreneurial skills that utilize e-commerce and IT in Wadena, MN; --$500,000 for Kirkwood Community College and ACT, Inc. for workforce skills development in Iowa; --$500,000 for SMART Partner programs high-tech skills training through establishment of the Virtual Advanced Manufacturing Training Center--Des Moines Area Community College, Iowa; --$1,036,000 to the National Institue for Metalworking Skills in Fairfax, VA to serve youth and adults in the area's metalworking industry; --$464,000 for the American Indian Science and Engineering Society--Rural Computer Utilizaton Training; --$464,000 for the Maui Economic Development Board--Rural Computer Training; --$2,900,000 for the Remote Rural Hawaii Job Training project for low income youth and adults; --$3,200,000 for Samoan/Asian Pacific Job Training--Hawaii; --$4,000,000 for Training and Education Opportunities-- University of Hawaii at Maui; --$200,000 for the Vermont Information Technology Center model information technology training initiative--Champlain College, Burlington, VT; --$750,000 for the Vermont Department of Employment and Training one-stop career resource centers; --$1,900,000 for the North Country Career Center model education and training program--Newport, VT; --$92,000 for the Westchester-Putnam Counties Consortium for Worker Education and Training, Inc. for apprenticeship and training programs to serve the NY construction industry; --$485,000 for Waukesha, Wisconsin, workforce training for economically disadvantaged youth and adults at La Casa de Esperanza; --$550,000 for the Dream Center to provide job and training skills for new labor market entrants or reentrants--LA, CA; --$300,000 for VT Technical College--Technology Training Initiative; --$880,000 for Focus:HOPE in Detroit for an Information Technologies Center that provides education and training programs to women and minorities; --$691,000 to Campbellsville (KY) Industrial Authority for programs to upgrade the information technology skills in the KY community; --$230,000 to Career Visions, Inc. in Louisville, KY to pilot computer-based assistive technology training; --$276,000 for Career Resources, Inc. in Louisville, KY to develop a basic computer training program focusing on workplace applications; --$461,000 to the University of Northern Iowa for a program to integrate immigrants and refugees into the workforce; --$493,000 to the Greater Sacramento Urban League, CA for an Urban Achievement Program targeting training, employment and support for urban youth; --$921,000 to Jones County Junior College in Ellisville, MS for development and implementation of a technology training program; --$921,000 for Haymarket Center in Chicago, IL, to provide training services through the Family Enrichment Center; --$921,000 to National Student Partnerships in Washington, DC; --$92,000 to the International Agri-Center, in Tulare, CA for a E-Commerce training initiative; --$650,000 for the UNLV Center for Workforce Development and Occupational Research; --$100,000 for the Community Self-Empowerment & Employment Program (CSEEP) (PA)--comprehensive employment readiness, job development, job placement, and case management for area low- income residents--Pennsylvania; --$500,000 for Philadelphia Revitalization and Education Program (PREP) to train minorities for careers in the building trades through its Diversity Apprenticeship Project (DAP)--Pennsylvania; --$921,000 to Wrightco Technologies, Inc. for information technology training through a ``Fast Track to the Future'' program; --$480,000 for hands-on manufacturing training at the Manufacturing and Applied Technology Training Center (MATC)-- Central Oregon Community College; --$100,000 for BASE, Inc. to provide occupational skills through its Youth Competency Development Program and training in the construction trades for low-income/minority women through partnership with Thaddeus Stevens State College of Technology--Lancaster, PA; --$250,000 for Green Thumb, Inc.--conduct program for low- income elders to develop computer skills--Pennsylvania; --$500,000 for Allegheny County, Pennsylvania, training of information technology workers; --$300,000 for Lehigh University Job Training for hard to serve disadvantaged youth in manufacturing sector---PA; --$638,000 for the Collegiate Consortium for Workforce & Economic Development, Philadelphia Naval Business Center--PA; --$232,000 for the Yukon Kushokwim Health Corporation-- Alaska; --$300,000 for Koahnic Broadcasting--Alaska; --$550,000 for Kawerak, Inc. Vocational Training for Alaska Natives--Nome, Alaska; --$800,000 for Ilisagvik College--Barrow, Alaska; --$927,000 for the Alaska Federation of Natives Foundation; --$900,000 for Tlingit-Haida project--job training to unemployed natives in southeast Alaska; --$2,300,000 for Alaska Works, Construction Job Training-- Fairbanks, Alaska; --$2,500,000 for the University of Alaska Fairbanks in consultation with Western Alaska regional Native non-profit corporations to conduct job training programs; --$1,250,000 for the Alaska Native Heritage Center, and Bishop Museum in Hawaii; --$921,000 for Transylvania Vocational Services, Inc. in Brevard, NC for training people with developmental disabilities; --$184,000 for the More Opportunities for Viable Employment program through the Tulare (CA) County Office of Education, Services for Education and Employment Division; --$276,000 to the South Metro Regional Leadership Center in University Park, IL; --$2,037,000 to the Lawton & Rhea Chiles Center for Healthy Mothers and Babies in Tampa, FL for training paraprofessionals in the health-care field; --$170,000 for Community Technology and Education Center at the Los Angeles River Center and Gardens in California for a job training initiative; --$43,000 to Signature Academy Inc., to further develop the Exodus to Excellence Youth Program; --$850,000 for Sinclair Community College, Dayton, Ohio for an out-of-school youth training project; --$850,000 to Kingston-Newburgh Enterprise Community, Newburgh, New York, for a workforce development project; --$213,000 to the Sullivan-Warwarsing Rural Economic Area Partnership, in Ferndale, New York for the planning and development of a manufacturing technology training center; --$723,000 for Reading Berks Emergency Shelter, Reading, Pennsylvania to provide employment and training opportunities for disadvantaged individuals; --$213,000 to the Melwood Horticultural Training Center, Upper Marlboro, Maryland, for workforce training for the disabled; --$340,000 to the Safer Foundation, Chicago, Illinois for a workplace acclimation program for ex-offenders; --$170,000 for South Suburban College, South Holland, Illinois to expand a bus mechanic workforce development program; --$102,000 to the Dallas Urban League, Inc. in Dallas, Texas for the ACES program to provide literacy and job skills to disadvantaged youth and adults; --$765,000 to The West Side Industrial Retention and Expansion Network (WIRE-Net), Cleveland, Ohio; [[Page H12127]] --$43,000 to Full Employment Council in partnership with the Greater Kansas City AFL-CIO in Missouri for Project Prepare; --$85,000 to Alderson-Broaddus College, College Hill, Philippi, West Virginia for a collaborative information technology training program; --$595,000 for the Hiram G. Andrews Rehabilitation Center in Johnstown, Pennsylvania to expand a job training program for people with disabilities; --$590,000 for the Northwest Concentrated Employment Program in Ashland, Wisconsin, for an online skill matching initiative tied to the O*Net database; --$510,000 to the Berkshire Applied Technology Council, Inc., Pittsfield, Massachusetts to expand training and develop distance learning; --$1,275,000 to the San Francisco Department of Human Services, California, for its Community Jobs Initiative; --$616,000 to the Charity Cultural Services Center, San Francisco, California, for job training; --$468,000 for the Rebirth of Englewood Community Development Corporation in Chicago, Illinois for a job training initiative in partnership with the ITT Research Institute; --$468,000 for the Northern Great Plains Initiative for Rural Development, Crookston, Minnesota, to provide education and training in technology support; --$298,000 to Kent State University in Ohio for the Ohio Employee Ownership Center, for workplace development; and --$425,000 to Rhode Island Department of Labor and Training, Providence, Rhode Island, for a job training program; There is a shortage of trained closed captioners to enable the deaf and hard of hearing community to get news and other vital information from live television. In order to meet the requirements set forth by the Telecommunications Act of 1996, there is an urgent need for pilot programs to increase the availability of trained closed captioners. The conferees urge the Employment and Training Administration to invest in and support research and pilot programs, which would allow for an adequate number of captioners to be trained. The conferees believe that the Association of Farmworker Opportunity Programs provides valuable technical assistance and training to grantees and has distinguished itself as a tremendous resource. Its Children in the Fields Campaign provides information, education, and technical assistance related to child labor in agriculture. The Campaign also provides other assistance related to employment, training (including pesticide and other worker safety training for children and adults). The Department is encouraged to continue the services that the Association provides in these areas. The conferees urge the Employment & Training Administration to demonstrate programs that build upon identified best practices such as the Public/Private Venture's model workplace mentoring pilot program. The conferees are concerned with the lack of mentoring and other support services available to the youth of incarcerated parents or legal guardians. The conferees urge the Employment and Training Administration to fund demonstration programs to meet the special needs of these youth. These activities should build upon identified best practices such as the U.S. Dream Academy's model which helps youths with parents or guardians involved in life cycles of incarceration and release. Its aim is to help these youths become good and productive citizens. The fiscal year 2000 conference report (H. Rept. 106-479) included $1,000,000 for the Massachusetts Corporation for Business, Work and Learning for the International Shipbuilding Training Demonstration project. However, the reopening of the Fore River Shipyard in Quincy has been delayed. Workers dislocated from the closing of the shipyard still need job training; therefore, the Department is directed to use the $1,000,000 in the fiscal year 2000 appropriation to fund the Corporation for Business, Work and Learning for the Training of workers in the Quincy area for jobs within the Marine and Shipbuilding industries. State Unemployment Insurance and Employment Service Operations The conference agreement includes $3,365,698,000 for state unemployment insurance and employment service operations instead of $3,097,790,000 as proposed by the House and $3,249,430,000 as proposed by the Senate. The agreement includes $35,000,000 instead of the $25,000,000 proposed by the Senate for reemployment services grants to insure that unemployment insurance claimants will be able to get the customized re-employment services they need to speed their reentry to employment. The House provided no funding for this program. The conference agreement includes $26,100,000 for the foreign labor certification program as proposed by the House instead of $25,600,000 as proposed by the Senate. For one- stop centers/labor market information, the agreement includes $150,000,000 instead of the $110,000,000 proposed by the Senate. The House provided no funding for this program. These funds will be used to support infrastructure upgrades at the State level for one-stop career center system operations, labor market information, and integrated services to employers and job seeker customers. Program Administration The conference agreement includes $159,158,000 for program administration instead of $146,000,000 as proposed by the House and $156,158,000 as proposed by the Senate. The detailed table at the end of this joint statement reflects the activity distribution agreed upon. The conference agreement also includes funding for management and oversight of pilot and demonstration projects and additional administrative funding for backlog reduction in the alien labor certification program as listed in the Senate report. Pension and Welfare Benefits Administration Salaries and Expenses The conference agreement includes $107,832,000 for the pension and welfare benefits administration, salaries and expenses instead of $98,934,000 as proposed by the House and $103,342,000 as proposed by the Senate. The increase will fully fund the request for expanded health and pension education and outreach efforts and enhanced pension enforcement. Pension Benefit Guaranty Corporation The conference agreement includes $11,652,000 for the administrative expense limitation as proposed by the Senate instead of $11,148,000 as proposed by the House. Employment Standards Administration Salaries and Expenses The conference agreement includes $363,476,000 for the employment standards administration, salaries and expenses instead of $338,770,000 as proposed by the House and $352,764,000 as proposed by the Senate. This amount fully funds the request for ESA, including the Wage and Hour Division's request to expand its domestic child labor compliance and enforcement efforts; and the Office of Federal Contractor Compliance's activities to increase outreach, education, and technical assistance to federal contractors through industry partnerships on equal pay issues; and a customer communications initiative in the Office of Worker's Compensation. On contracts for the provision of debt collection services, the Department of Labor shall continue to recognize the payment of commissions in the determination of McNamara- O'Hara Service Contract Act (SCA) wage rates and shall continue to recognize such payments as an offset against an employer's SCA prevailing wage obligation. In addition, the Department is encouraged to consider the special circumstances for contingency fee-based debt collection contracts and the potential fluctuations in commissions, particularly for less experienced employees. Special Benefits The conference agreement includes bill language to allow the Secretary to use fair share collections to fund capital investment projects and special investments to strengthen compensation fund control and oversight. The amounts cited in the House and Senate bills have been modified to reflect updated estimates of fair share collections from the non- appropriated agencies, such as the Postal Service, for fiscal year 2001. Black Lung Disability Trust Fund The conference agreement includes a definite annual appropriation of $975,343,000 for black lung benefit payments and interest payments on advances made to the Trust Fund as proposed by the House instead of an indefinite permanent appropriation as proposed by the Senate. Occupational Safety and Health Administration Salaries and Expenses The conference agreement includes $425,983,000 for occupational safety and health administration, salaries and expenses as proposed by the Senate instead of $381,620,000 as proposed by the House. The conference agreement does not include language proposed by the Senate that would have earmarked $22,200,000 of the increase over the fiscal year 2000 appropriation for education, training, and consultation activities. The House bill contained no similar provision. The detailed table at the end of this joint statement reflects the conferees' agreed upon activity distribution. Mine Safety and Health Administration Salaries and Expenses The conference agreement includes $246,747,000 for mine safety and health administration, salaries and expenses instead of $233,000,000 as proposed by the House and $244,747,000 as proposed by the Senate. The conference agreement includes $2,500,000 over the budget request for physical improvements at the National Mine Safety and Health Academy. The conference agreement includes language proposed by the Senate that allows MSHA to retain and spend up to $1,000,000 in fees collected for the approval and certification of mine equipment and materials. The conference agreement also includes language establishing a $1,000,000 contingency fund for mine rescue and recovery activities. The House bill contained no similar provisions. Concerns have been expressed about the possible ramifications of a rulemaking on the use of conveyor belts in underground coal mines, including concerns about the validity of the testing on which the rule is based. MSHA is urged to carefully examine the record and to conduct additional research that may be required to address any significant concerns that have been raised. The conferees are extremely concerned by a recent catastrophe in Eastern Kentucky. [[Page H12128]] Millions of gallons of slurry coal waste broke free from an impoundment causing considerable damage to the environment and disrupting water supply for citizens along the Big Sandy and Ohio Rivers. The conferees believe this event warrants a thorough examination of current coal waste disposal methods and an exploration of future dumping alternatives. Therefore, the conference agreement includes $2,000,000 for a contract with the National Academy of Sciences to examine engineering standards for coal waste impoundments, provide recommendations for improving impoundment structure stabilization, and evaluate potential alternatives for future coal waste disposal, including the benefits of each alternative. The Academy shall seek the participation of representatives of relevant federal, state, and private entities, to include MSHA, OSM, EPA, Corps of Engineers, State mining authorities, and mining companies. Findings of this study shall be conveyed to the Committees on Appropriations no later than October 15, 2001. Bureau of Labor Statistics Salaries and Expenses The conference agreement includes $451,584,000 for Bureau of Labor Statistics, salaries and expenses instead of $440,000,000 as proposed by the House and $446,584,000 as proposed by the Senate. The conference agreement also includes the Senate provision making $10,000,000 available for obligation on a program year basis from July 1, 2001 to June 30, 2002. The House bill contained no similar provision. This funding level provides increases for improvements to existing economic measures, improvements in labor market information mandated by WIA, and a new time use survey. Departmental Management Salaries and Expenses The conference agreement includes $380,839,000 for departmental management, salaries and expenses instead of $244,889,000 as proposed by the House and $337,964,000 as proposed by the Senate. The conference agreement includes $148,150,000 for the Bureau of International Labor Affairs instead of $70,000,000 as proposed by the House and $115,000,000 as proposed by the Senate. The conference agreement also includes language proposed by the Senate to authorize the expenditure of funds for the management or operation of Departmental bilateral and multilateral foreign technical assistance through grants and contracts. The funds for bilateral assistance are made available through September 30, 2002. The House bill contained no similar provision. In total, the conference agreement includes $82,000,000 to assist developing countries with the elimination of child labor. Of this amount, $45,000,000 is for expansion of ILO's International Programme for the Elimination of Child Labor. In addition, $37,000,000 is provided for bilateral assistance to improve access to basic education in international areas with a high rate of abusive and exploitative child labor. These new bilateral initiatives should be developed in consultation and coordination with USAID to ensure these programs fit with the overall foreign operations policy of the Administration and are in compliance with the Foreign Assistance Act. The conference agreement includes $45,000,000 as proposed by the Senate to augment the capacity of Ministries of Labor to enforce labor standards, to develop social safety net programs, and to develop information on enforcement of labor laws around the world. The conference agreement includes $10,000,000 for the Global HIV-AIDS Workplace Initiative, and these funds are provided in the Department of Labor appropriation instead of the HHS Public Health and Social Services Emergency Fund as proposed by the Senate. The conferees also include funding for the following activities: --$900,000 to the University of Iowa for research on the issue of abusive and exploitive child labor and other labor- related issues; and --$250,000 to the Association of Farmworker Opportunities Programs for public education on abusive child labor. The conferees note from the recent World AIDS Conference that many national economies continue to be profoundly and adversely affected by the HIV-AIDS pandemic. For example, employers in South Africa are now hiring two employees for every one skilled job. The gross domestic product in many countries in Africa and Asia is actually contracting because of a shrinking adult work force attributable to HIV-AIDS related deaths. At the same time, there is mounting evidence that workplace-based HIV-AIDS education and prevention programs can help prevent the spread of HIV, especially in high-risk occupations. Such programs can help stem employers' loss of skilled workers, reverse declining productivity, and provide mechanisms for caring for workers living with HIV and AIDS. Consequently, the conferees expect ILAB to assume a leading role in developing innovative business-trade union partnerships to improve HIV-AIDS prevention and to improve coordination among the Labor Department, Commerce Department, and USAID. The conference agreement includes $23,002,000 and language establishing the Office of Disability Employment Policy in the Department of Labor as proposed by the Senate. The House bill continued funding for the President's Committee on Employment of People with Disabilities, but this activity is subsumed in the new Office of Disability Employment Policy. The conference agreement includes $37,000,000 to establish a permanent, centralized information technology investment fund. Veterans Employment and Training The conference agreement includes $211,713,000 for veterans employment and training instead of $201,277,000 as proposed by the House and $206,713,000 as proposed by the Senate. Included in this amount is $17,500,000 for the homeless veterans program. Office of Inspector General The conference agreement includes $54,785,000 for the office of inspector general as proposed by the Senate instead of $51,925,000 as proposed by the House. GENERAL PROVISIONS Ergonomics The conference agreement does not include a provision included in both the House and Senate bills relating to regulations issued by the Occupational Safety and Health Administration relating to ergonomic protection. Extended Deadline for Expenditure of Welfare to Work Funds The conference agreement includes a provision proposed by the Senate extending the availability of Welfare to Work funding from three to five years. The House bill contained no similar provision. H2A Regulations The conference agreement includes a modified version of the Senate provision prohibiting the implementation or enforcement of the pending H2A regulations, but allows for all activities related to the development of revised regulations. The conferees support the efforts by the Secretary of Labor and the Attorney General designed to streamline the H2A application process. The conferees expect the Department and the Immigration and Naturalization Service to work closely with the stakeholders to expeditiously address concerns raised by the growers so that the streamlined application process produces a more efficient new system. Deadline for Determination on Housing Requirements for H2A Workers The conference agreement includes a provision regarding housing inspections for H2A temporary agricultural laborers. This provision ensures that the deadline for housing inspections for H2A workers corresponds with the Secretary's thirty day statutory deadline for making H2A temporary agricultural labor certification decisions. The thirty day deadline may have been effectively nullified in some cases by the current regulations requiring that inspections on employer provided housing need not be completed until twenty days before the date the employer needs H2A workers. The provision requires housing inspections to be completed in time for the Secretary to make her certification decision in accordance with the thirty day statutory deadline. Alien Labor Certification The conference agreement includes a provision that authorizes the use of H1B fee revenue to process permanent labor certifications. This is needed because the recent legislation increasing the number of H1B visas authorized will result in a substantial increase in the volume of permanent labor certification applications. The Department of Labor has made significant progress over the past 18 months to reduce the backlog of applications for permanent labor certifications, and in expediting the labor condition application process for the H-1B program. In order to allow the Department to make further progress on timeliness of labor certifications without undermining the review process, the Department will be permitted to utilize a portion of fees generated by the H-1B program to support the administration of the permanent labor certification program. Elimination of Welfare to Work Performance Bonuses The conference agreement includes a provision proposed by the Senate to eliminate Welfare to Work performance bonuses. The House bill contained no similar provision. TITLE II--DEPARTMENT OF HEALTH AND HUMAN SERVICES Health Resources and Services Administration Health Resources and Services The conference agreement includes $5,525,476,000 for health resources and services instead of $4,784,232,000 as proposed by the House and $4,677,424,000 as proposed by the Senate. The conference agreement includes bill language identifying $226,224,000 for the construction and renovation of health care and other facilities instead of $10,000,000 as proposed by the Senate. The House bill contained no similar provision. These funds are to be used for the following projects: Northwestern University Life Sciences Building; ACCESS Community Health Network in Illinois; Northwestern Memorial Hospital; University of Chicago Core Genetics Research Facility; Condell Medical Center, Regional Center for Cardiac Health Services; Lake County Health Department; University Center of Lake County, Illinois; Finch University of Health Sciences/Chicago Medical School; Pennington Biomedical Research Center in Baton Rouge, Louisiana; Texas Institute for Rehabilitation and Research; Massey Cancer Center of Virginia Commonwealth University; Aurelia Osborn Fox Memorial Hospital in Oneonta, New York; [[Page H12129]] Margaretville Memorial Hospital in Margaretville, New York; Martha's Village and Kitchen Medical Clinic in Indio, California; Hanson House at the Desert Regional Medical Center; Nutrition Center at Wake Forest University Baptist Medical Center; James Whitcomb Riley Hospital for Children in Indianapolis, Indiana; University of South Alabama Gulf Coast Cancer and Research Institute; North Baldwin Hospital Surgery Center in Bay Minette, Alabama; Monroe County Hospital in Monroesville, Alabama; Touro University College of Osteopathic Medicine in Vallejo, California; Medical Sciences Building at the University of Cincinnati Medical Center in Cincinnati, Ohio; Tinnitus Center for Tinnitus Retraining Therapy at the University of North Carolina at Greensboro; Alfred E. Mann Institute and Biomedical Engineering Center at the University of Southern California; Paradise Valley Hospital in National City, California; Children's Hospital and Health Center in San Diego, California; Dental Education in Care of Disabled Clinic at the University of Washington; Alexander Hughes Community Center in Claremont, California; Biomedical Marine Research Facility at Harbor Branch; Kessler Rehabilitation Research Institute in West Orange, New Jersey; Child Health Institute of New Jersey; University of Nevada Las Vegas Biotechnology/Bioengineering Research Facility; McCready Health Services Foundation in Crisfield, Maryland; Center for Health Sciences at Dominican College in Rockland County, New York; Pediatric Cardiac Intensive Care Unit at Cook Children's Medical Center in Fort Worth, Texas; Tricounty Health Center at Northern Illinois University; Aurora Primary Care Consortium; Turning Point Facility in Union County, North Carolina; Gila River Indian Community Diabetes Center in Arizona; Dalton Cardiovascular Research Center at the University of Missouri at Columbia; Scripps Memorial East County Hospital in El Cajon, California; Marklund Children's Home; Misericordia Hearts of Mercy in Chicago, Illinois; University of Connecticut Health Center; Nassau County Health Care Corporation; Women's Health Center at Proctor Hospital in Peoria, Illinois; Oklahoma Medical Research Foundation; Louisiana State University Health Sciences Center Feist-Weiller Cancer Center in Shreveport, Louisiana; Lewis County General Hospital in Lewis County, New York; Stetson University in Deland, Florida; National Center for Primary Care at Morehouse School of Medicine; Springdale Community Health Center in Springdale, Washington; Edgemoor Geriatric Hospital in San Diego County, California; Union Hospital Midwest Center for Rural Health in Terre Haute, Indiana; Bennett W. Smith Family Life Wellness Center in Buffalo, New York; Children's Hospital of Buffalo; Fresno Community Hospital and Medical Center Regional Ambulatory Care Facility in Fresno, California; Pediatric Oncology and the Batchelor Children's Research Center at the University of Miami/Jackson Memorial Medical Center; Valley Hospital Cancer and Ambulatory Care Center in Paramus, New Jersey; Functional Genomics Research Center at Florida Atlantic University in Boca Raton, Florida; Michael and Dianne Bienes Cancer Center at Holy Cross Hospital in Ft. Lauderdale, Florida; Outpatient Surgery Facility at Memorial Hospital in Towanda, Pennsylvania; University of Scranton Allied Health Laboratory; Southern Illinois Healthcare Foundation in East St. Louis, Illinois; University of St. Francis in Fort Wayne, Indiana; Maricopa Integrated Health Systems in Phoenix, Arizona; Albany Medical Center Breast Cancer Diagnostic and Treatment Center in Albany, New York; Adirondack Medical Center in Saranac Lake, New York; Mary McClellan Hospital in Cambridge, New York; North Central Texas Community Health Care Center in Wichita Falls, Texas; St. Joseph's Hospital New York Regional Hemodialysis and Cardiac Care Enhancement Center in Syracuse, New York; Stroud Regional Hospital in Stroud, Oklahoma; Will County Health Center in Illinois; Molecular Genetics Core for the Center for Excellence in Cardiovascular-Renal Research at the University of Mississippi Medical Center; Tallahatchie General Hospital and Extended Care Facility in Charleston, Mississippi; Operation PAR in Pinellas Park, Florida; Detroit Medical Center, Women's and Children's health facility; Detroit Medical Center, Rehabilitation Institute of Michigan; Big Springs Medical Association in Missouri; Southeast Missouri Health Network; People's Health Center in St. Louis, Missouri; Denver Children's Hospital; National Jewish Medical and Research Center in Denver; Breast Cancer Center at Our Lady of Fatima Hospital in North Providence, Rhode Island; Jackson Medical Mall, Mississippi Institute for Cancer Research; Conehatta Tribal Community Health Care Clinic; Sharkey/ Issaquena Hospital, Rolling Fork, Mississippi; Jackson Laboratory Physiogenomics facility in Maine; St. Joseph's Hospital in Ohio; Huron Hospital in Cleveland, Ohio; Ohio Poison Control Collaborative; Boys Town National Research Hospital in Omaha, Nebraska; University of Utah's Huntsman Cancer Institute; University of North Carolina Genomics and Bioinformatics; Burlington Community Health Center, Burlington, Vermont; Red Logan Community Health Center; Vermont Cancer Center; Vermont Lung Association Asthma Clinic; University of Mississippi, Guyton Building Expansion; Haysi Medical Clinic in Virginia; Allegheny-Clarion Valley Community Health Center; University of Alabama-Birmingham, Interdisciplinary Biomedical Research Facility; Umatilla County Public Health Facility; Bioengineering Research Facility at Oregon Health Sciences University; Temple University Outpatient Facility; Philadelphia College of Osteopathic Medicine; Thomas Jefferson University Cancer Research Facility; State of Alaska Public Health Laboratory in Anchorage; ``Pathways Home'' inpatient facility for the Southcentral Foundation; Montezuma Creek Health Care Center; Sorenson Multicultural Health Center; Midvale/West Jordan and Glendale, Utah Health Centers; St. Vincent Hospital in Billings, Montana; Rocky Mountain Regional Trauma Center at Denver Health and Hospital Authority; Carriozo Health Clinic; Dan C. Trigg Memorial Hospital; El Pueblo Health Services; La Clinica de Familia in Chaparral, New Mexico; La Clinica de Familia in San Miguel, New Mexico; Las Clinical del Norte De Abiquiu; Logan Family Clinic in New Mexico; Montgomery Women's Health Services Clinic of Lea County; Mora Community Health Service; Ruidoso Sub-station Health Service; Sierra Vista Family Community Clinic; Tatum Health Clinic; Children's National Medical Center in Washington; Arkansas Children's Hospital; Biomedical Biotechnology Center at the University of Arkansas Medical School in Little Rock; University of Arkansas, Fayetteville, Center for Protein Structure and Function; University of Arkansas, Little Rock, Applied Biosciences Program; Kansas University Human Imaging Institute; North Philadelphia Health System; Children's Health Fund; Crozer-Keystone Health System in Delaware County; Family Care Health Center in St. Louis, Missouri; Cathedral Healthcare System; Chase Brexton Health Services, Inc.; Children's Hospital of Boston; Children's Hospital of Wisconsin Neonatal Intensive Care Unit; Daviess County Community Health Center; Family Health Centers, Inc. of Orangeburg, South Carolina; Community Health facilities in southeast Iowa; Hillside Hospital in Long Island, New York; La Rabida Children's Hospital, Chicago; Marquette University School of Dentistry; Medical University of South Carolina Oncology Center; Molokai General Hospital; New York University School of Medicine; Palmer College of Chiropractic in Davenport, Iowa; Pioneer Valley Life Sciences Joint Venture between the University of Massachusetts and Baystate Medical Center; Rio Arriba County Residential Treatment Facility; Rutland Regional Medical Center; Sea Island Comprehensive Health Care Corporation; St. Mary's Healthcare Promotion Center in Huntington, West Virginia; St. Mary's Women and Infants Center of Dorchester; the Neurosciences program at West Virginia University; Tufts University Center for Nutrition Research; University of South Carolina School of Public Health; University of Vermont College of Medicine and Fletcher Allen Health Care; University of Nevada, Las Vegas Cancer Center; University of Montana Center for Environmental Health Sciences; University of Florida Genetics Institute; Hackensack University Medical Center in Hackensack, New Jersey; Brandeis University National Center for the Study of Behavioral Genetics and Genomics; Marlborough Hospital in Marlborough, Massachusetts; West Virginia University Eastern Panhandle Clinical Campus in Martinsburg; St. Mary's Hospital for Children, Bayside, New York; Virginia Mason Medical Center, Seattle, Washington; Memorial Hospital of Lafayette County, Darlington, Wisconsin; Saginaw Cooperative Hospitals, Inc., Saginaw, Michigan; El Sereno Family Health Center, El Sereno, Los Angeles; Community College of Southern Nevada Medical Careers Center, North Las Vegas, Nevada; Columbia County Senior Services, Lake City, Florida; San Luis Obispo medical therapy unit, California; Greene County Health Care, Inc., Snow Hill, North Carolina; St. Clair County, Belleville, Illinois, senior center and wellness clinic; Sunshine House, New Haven, Connecticut; City of Culver City, California, senior health and social services center; Community Partners Healthnet Inc., Snow Hill, North Carolina; North Shore Long Island Jewish Health System, Hillside Hospital Campus, Glen Oaks, New York; Cooper Green Hospital, Birmingham, Alabama; Whitman- Walker Clinic, Inc., Washington, DC; Prince George's Hospital Center, Cheverly, Maryland; Roseland Community Hospital, Chicago, Illinois; Metropolitan Family Services, Chicago, Illinois, mental and public health facility; South Suburban Family Shelter Inc., Homewood, Illinois; Rush-Presbyterian-St. Luke's Medical Center, Chicago, Illinois; Lake Charles Memorial Hospital, Lake Charles, Louisiana; West End Medical Centers, Atlanta, Georgia; New York Structural Biology Center, New York, New York; Memorial Freeport-Roosevelt Health Center, Roosevelt, New York; University of North Carolina at Wilmington School of Nursing, Wilmington, North Carolina; Joseph P. Addabbo Family Health Center, Arverne, New York; Los Angeles Eye Institute, Los Angeles, California, Boston College, Chestnut Hill, Massachusetts; West Liberty State College Dental Hygiene Clinic, West Liberty, West Virginia; Grafton City Hospital, Grafton, West Virginia; New York University Downtown Hospital, New York City, New York; Saint Michael's Hospital, Stevens Point, Wisconsin; Holyoke Health Center, Holyoke, Massachusetts; Montefiore Medical Center, Bronx, New York; Christopher Rural Health Planning Corporation, Christopher, Illinois; Centro de Salud Familiar La Fe, El Paso, [[Page H12130]] Texas; Englewood Hospital and Medical Center, Englewood, New Jersey; Plaza Community Center, Inc., Los Angeles, California, children's health and social services center; Fairview University Medical Center, Minneapolis, Minnesota; Asian Human Services community health center, Chicago, Illinois; Strong Memorial Hospital, Rochester, New York; University of Arkansas Medical Sciences, Little Rock, Arkansas; Trinity Health Systems, Detroit, Michigan; Henderson County Rural Health Center in Oquawka, Illinois; and City of Summersville, West Virginia, senior health and social services facility. The conferees are supportive of the efforts of the Academic Medicine Development Corporation to implement a strategic initiative for human genetics research in New York. The conference agreement includes bill language identifying $253,932,000 for family planning instead of $238,932,000 as proposed by the House and $253,932,000 as proposed by the Senate. The conferees concur with Senate report language regarding the distribution of funds appropriated for Title X. The conference agreement includes bill language to provide $30,000,000 for abstinence education in fiscal year 2002 as proposed by the House. The Senate bill contained no similar provision. The conference agreement includes $1,168,700,000 for community health centers as proposed by the Senate instead of $1,100,000,000 as proposed by the House. Within the total provided, $6,250,000 is for native Hawaiian health programs. The conferees recognize the long-standing commitment and expertise of the University of Hawaii in addressing the unique health care needs of the Pacific Basin region. The conferees urge HRSA to give full and fair consideration to proposals to support expanded services to reach priority populations in under-served communities in Kane, Marion, Saline, and Will, Illinois counties on the southwest side of Chicago and in the AAPI community on the north side of Chicago. The conference agreement includes $41,523,000 for the national health service corps, field placements instead of $39,823,000 as proposed by the House and $38,116,000 as proposed by the Senate. The conference agreement includes $87,924,000 for national health service corps, recruitment instead of $81,524,000 as proposed by the House and $78,625,000 as proposed by the Senate. Within the total provided, $4,000,000 is for State offices of rural health. The conferees recommend that national health service corps loan repayment awards continue to be made in areas of greatest need. The conference agreement includes $638,048,000 for health professions instead of $410,987,000 as proposed by the House and $230,714,000 as proposed by the Senate. Within the total provided, $235,000,000 is for children's graduate medical education. Also within the total provided for allied health special projects, $921,000 is for expansion of the Illinois Community College Board's program, in coordination with the Illinois Department of Human Services, to train and place welfare recipients in the allied health field using distance technology. The amount provided does not include funding to continue the demonstration project by the Utah area health education centers. The conferees concur with House and Senate report language regarding priority consideration for health careers opportunities program (H-COP) grants to minority health professions institutions. The conferees urge HRSA to give full and fair consideration to proposals to expand access to primary and dental care services for medically underserved populations located in the areas of St. Louis City, and the Missouri counties of Jefferson, Lafayette, Greene, and Douglas. The conference agreement includes $18,016,000 for Hansen's disease services instead of $17,016,000 as proposed by both the House and the Senate. Within the total provided, $900,000 is for the Diabetes Lower Extremity Amputation Prevention program at the University of South Alabama. The conference agreement includes $714,230,000 for the maternal and child health block grant instead of $709,130,000 as proposed by both the House and the Senate. The conference agreement includes bill language designating $113,728,000 of the funds provided for the block grant for special projects of regional and national significance (SPRANS) as proposed by the House. It is intended that $5,000,000 of the SPRANS amount will be used for the continuation of the traumatic brain injury State demonstration projects as authorized by title XII of the Public Health Service Act. The Senate bill contained no similar provision, instead it provided $5,000,000 as a separate line item in the table for traumatic brain injury. It is also intended that $5,000,000 of the SPRANS amount will be used for Columbia Hospital for Women Medical Center in Washington, DC to support community outreach programs for women and $100,000 will be used for the St. Joseph's Health Services of Rhode Island for the Providence Smiles dental program for low-income children. The conferees are supportive of HRSA's efforts in preventing youth suicides. HRSA has made reducing the rate of youth suicide a priority for State MCH agencies, requiring States to address the crisis of suicide with their block grant funding. The conference agreement includes $90,000,000 for healthy start as proposed by both the House and Senate. It is intended that these projects will be evaluated and those activities that are proven successful and can be replicated will be incorporated into the mission of the maternal and child health block grant program. The conference agreement includes $8,000,000 for newborn and infant hearing screening as proposed by the House instead of $4,000,000 as proposed by the Senate. The conference agreement includes $15,000,000 for organ transplantation as proposed by the Senate instead of $10,000,000 as proposed by the House. The conference agreement includes $22,000,000 for the bone marrow program as proposed by the House instead of $17,959,000 as proposed by the Senate. The conferees continue to be aware of the life saving success of the National Marrow Donor Program, which now includes more than 4,000,000 potential volunteer donors. The conferees recognize the continuing need to increase minority representation in the national registry and support expansion of the National Marrow Donor Program's cord blood bank initiative, which provides another major source of donors for patients, particularly minority patients, in need of a marrow or blood stem cell transplant. The conference agreement includes $58,218,000 for rural health outreach grants instead of $30,867,000 as proposed by the House and $38,892,000 as proposed by the Senate. The conferees are supportive of HRSA providing heart defibrillators to rural areas. The conferees include the following amounts for the following projects and activities in fiscal year 2001: --$50,000 for the La Crosse Health Science Consortium for a demonstration to increase access to dental care in La Crosse county; --$85,000 for the Tillamook County Health Department, Oregon, to expand primary and dental health services for underserved populations; --$850,000 for AIDS Alliance for Children, Youth, and Families; --$115,000 for the Anderson Valley Health Center, Inc., Boonville, California, to expand dental and health care services; --$128,000 for the Partnership for the Children in San Luis Obispo County, California, for a low income dental clinic; --$170,000 for Northern Counties Health Care, Inc., St. Johnsbury, Vermont for a rural outreach initiative; --$213,000 for the Mercer County Health Department in Aledo, Illinois, to extend dental care services to rural underserved populations; --$300,000 for Blackstone Valley Community Health Care, Inc.; --$359,000 for outreach activities of the Blue Ridge Community Health Service; --$400,000 for the Kentucky Emergency Medical Services Academy; --$450,000 for CAP Services in Stevens Point, Wisconsin to extend dental health services to underserved populations; --$500,000 for St. Luke's Free Clinic in Hopkinsville, Kentucky; --$500,000 for the Texas A&M HERO program; --$500,000 for State and University of Alaska to train emergency medical personnel in rural areas; --$500,000 for Inland Health Northwest; --$425,000 for Campbellton-Graceville Hospital in Graceville, Florida, to expand clinical and preventive health care services to low income, rural populations; --$550,000 for Langlade Memorial Hospital, Antigo, Wisconsin, for a four county dental health initiative; --$700,000 for the Western Kentucky University mobile health screening program; --$1,311,000 for outreach activities of the Lourdes Health Network in Pasco, Washington; --$900,000 for Iowa Department of Public Health to develop and demonstrate the use of technology for public health nurses working in rural areas; --$921,000 to continue and expand the development of the Center for Acadiana Genetics and Hereditary Health Care at Louisiana State University Medical Center; --$800,000 for the University of Southern Mississippi Center for Sustainable Health Outreach; --$1,106,000 for Carondelet Health Network of Arizona to improve the health status of multi-cultural and medically disenfranchised populations through increased community health access and comprehensive continuum of care; --$1,200,000 for Southern Illinois University; --$1,318,000 for Voorhees College in Denmark, South Carolina for a Center of Excellence for rural health; --$1,800,000 for the University of Colorado School of Dentistry to conduct an oral health prevention and treatment program in Shannon, Jackson, Bennett, and Todd counties in South Dakota; --$1,900,000 for the Yukon-Kuskokwim Health Corporation's health care delivery system; and --$2,300,000 for the Mississippi State University Rural Health Safety and Security Institute. The conference agreement includes $13,439,000 for rural health research instead of $11,713,000 as proposed by the House and $5,000,000 as proposed by the Senate. The conferees include the following amounts for the following projects and activities in fiscal year 2001: --$143,000 for the University of Pittsburgh Center for Rural Health Practice; --$170,000 for Madison Community Health Center, Madison, Wisconsin, for a model preventive health program for hard to reach and at-risk populations; [[Page H12131]] --$250,000 for the multiple sclerosis disease state management program at the University of Mississippi Center for Pharmaceutical Marketing; --$306,000 for the Texas Tech University Health Sciences Center at El Paso and the University of Texas at El Paso for joint research on health problems of migrant workers; --$400,000 for the McLaughlin Research Institute cancer education program; --$500,000 for the University of Alaska to develop a research and evaluation agenda for health care delivery; --$840,000 for the Marshfield Clinic in Marshfield, Wisconsin, for scientific, ethical and citizen advisory groups and education programs in connection with the development of a personalized medicine program; --$921,000 for the Virginia Center for Sustainable Health Outreach at James Madison University; --$921,000 for Atlantic City Medical Center for prevention services and medical education activities; --$1,275,000 for the University of North Dakota School of Medicine, Grand Forks, North Dakota for a rural health program in preventive medicine and behavioral sciences; and --$1,612,000 for the Carolina's Community Health Initiative for its community health assessment plan. The conferees encourage the National Human Genome Research Institute and the Agency for Healthcare Research and Quality to provide any necessary technical assistance to HRSA in supporting the Marshfield Clinic project. The conference agreement includes $35,981,000 for telehealth instead of $25,000,000 as proposed by the Senate. The House provided funding for this program within rural health research. The conferees include the following amounts for the following projects and activities in fiscal year 2001: --$14,000 for networking capabilities of the Cullman Area, Alabama, Mental Health Authority; --$43,000 for Arrowhead Regional Medical Center, Colton, California, for a telemedicine regional network; --$85,000 for the New York Primary Care Health Foundation, Inc., Flushing, New York, for a telehealth initiative; --$111,000 for Staten Island University Hospital to support a teleconferencing initiative to improve and strengthen linkages within campuses; --$184,000 for the Union Hospital Telehealth Demonstration project in Terre Haute, Indiana; --$300,000 for the University of Michigan Emergency Telemedicine Network; --$350,000 for Molokai General Hospital to use the latest technology advances to provide health care in rural areas; --$340,000 for Massachusetts College of Pharmacy and Health Sciences, Worcester, Massachusetts for a telehealth initiative; --$361,000 for the Center for Telehealth and Distance Education at the University of Texas Medical Branch, Galveston, Texas for a telehealth initiative; --$430,000 for Daemen College in Amherst, New York to continue a project to provide distance learning/medical linkages to rural counties in Western New York State; --$500,000 for a telehealth project at Magee-Women's Hospital; --$500,000 for the Susquehanna Health Systems telemedicine project; --$468,000 for the Southern Illinois University School of Medicine telemedicine and rural health initiative project; --$489,000 for the La Crosse Medical Health Science Consortium, Inc., Wisconsin for a telehealth initiative; --$750,000 for a joint New Mexico-Hawaii Telehealth Outreach for Unified Community Health; --$638,000 for Children's Hospital and Regional Medical Center in Seattle, Washington; --$737,000 for the Community Hospital Telehealth Consortium in Louisiana for continued development of a regional telehealth network; --$783,000 for the Memorial Telehealth Network in Springfield, Illinois; --$723,000 for Childrens Hospital Los Angeles, California, for a telemedicine initiative; --$737,000 for the Rural Telehealth and Community Education Network at Central Michigan University; --$900,000 for the Southwest Alabama Rural Telehealth Network at the University of South Alabama; --$850,000 for New York Presbyterian Hospital for a telehealth initiative; --$850,000 for the University of Pittsburgh Medical Center Information Technology project; --$1,000,000 for the University of Florida Human Brain Functional Imaging Technology project; --$800,000 for the University of Nebraska telemedicine outreach program; --$850,000 for the Fairview Lakes Regional Medical Center in Wyoming, Minnesota telemedicine project; --$1,020,000 for the Northern California Telemedicine Network, Santa Rosa Memorial Hospital, Santa Rosa, California; --$1,290,000 for a telemedicine program for downstate Illinois through the Southern Illinois University Medical School in Springfield, Illinois; --$1,335,000 for the University of Nevada Las Vegas Telemedicine Network; --$1,770,000 for the Idaho Telehealth Integrated Care Center to establish a comprehensive telehealth clinic to support care in rural and frontier areas; --$1,843,000 for the Telehealth Deployment Research Testbed program; --$1,800,000 for a project to link Rocky Mountain College and Deaconess Billings Clinic with telemedicine capabilities; --$1,700,000 for the Saint Vincent Hospital in Billings, Montana for its Telemedicine Model; --$2,418,000 for the Northeast Ohio Outreach Network to expand health services to rural residents in northeastern Ohio; and --$3,400,000 for the Alaska Federal Health Care Access Network. The conference agreement includes $19,000,000 for emergency medical services for children as proposed by the House instead of $15,000,000 as proposed by the Senate. The conference agreement includes $20,000,000 for poison control instead of $6,600,000 as proposed by the House and $26,000,000 as proposed by the Senate. Funds are provided to support activities authorized in the Poison Control Center Enhancement and Awareness Act. The conference agreement includes $6,000,000 for black lung clinics as proposed by the Senate instead of $5,943,000 as proposed by the House. The conference agreement includes $3,000,000 for trauma care as proposed by the Senate. The House bill contained no similar provision. The conference agreement includes a total of $1,807,700,000 for Ryan White programs instead of $1,725,000,000 as proposed by the House and $1,650,000,000 as proposed by the Senate. Included in this amount is $604,200,000 for emergency assistance, $911,000,000 for comprehensive care, $185,900,000 for early intervention, $65,000,000 for pediatric HIV/AIDS, $10,000,000 for dental services, and $31,600,000 for education and training centers. The conference agreement includes bill language identifying $589,000,000 for the Ryan White Title II State AIDS drug assistance programs instead of $554,000,000 as proposed by the House and $538,000,000 as proposed by the Senate. The conferees concur with Senate report language regarding the Institute of Medicine study to evaluate the effectiveness of the current role and structure of the Ryan White CARE Act and the efforts to create a national consumer and provider education center within pediatric HIV/AIDS. The conference agreement includes $109,200,000 for Ryan White AIDS activities that are targeted to address the trend of the HIV/AIDS epidemic in communities of color, based on the most recent estimated living AIDS cases, HIV infections and AIDS mortality among ethnic and racial minorities as reported by the Centers for Disease Control and Prevention. These funds are allocated as follows: Within Ryan White Title I, the agreement provides $34,000,000 to the competitive supplemental allocation targeted to minority community based organizations, as defined by the Centers for Disease Control and Prevention, and directs that these funds be allocated through the established planning council processes of eligible metropolitan areas. These funds are designed to reduce the HIV related health disparities and improve the health outcomes for HIV infected African Americans, Latinos, Native Americans, Asian Americans, Native Hawaiians and Pacific Islanders. These funds are expected to expand medical and supportive service capacity in communities of color, and expand peer treatment education that is both culturally and linguistically appropriate to individuals living with HIV/ AIDS. Within Ryan White Title II, the agreement provides $7,000,000 for State HIV care grants to support educational and outreach grants to minority community-based organizations to increase the number of minorities participating in the AIDS Drug Assistance Program (ADAP). The continuing under representation of African Americans, Latinos, Native Americans, Asian Americans, Native Hawaiians and Pacific Islanders in state run ADAP contributes to their persistently poor health outcomes in comparison to other communities. Within Ryan White Title III, the agreement provides $44,400,000 for planning grants, early intervention service (EIS) grants to minority community-based health care and service providers with a history of service provision to communities of color. Funds should also be made available to national, regional and local organizations representing people of color to provide technical assistance collaborations, and linkages designed to strengthen HIV/AIDS systems of care. Funds are intended to support the implementation of the plans developed by minority community based and health care organizations. The conferees expect that fiscal year 2001 increases to Title III should be directed primarily towards providing early intervention service grants to those organizations that received Title III planning grants in the previous fiscal year and enhancing the service capacity of existing minority EIS providers. Within Ryan White Title IV, the agreement provides $15,700,000 to fund traditional minority community-based providers of services to minority children, youth and families to develop and implement culturally competent and linguistically appropriate research-based interventions that provide additional HIV/AIDS care, services and linkages. Funds are also intended to directly fund minority community based organizations and providers to expand or implement programs specifically designed to provide [[Page H12132]] youth, adolescent, and young adult-focused HIV/AIDS care and services. The agreement provides $7,700,000 to AIDS education and training centers. These funds are intended to increase training of community-based minority health care professionals in AIDS-related treatments, standards of care, guidelines for the use of antiretroviral and other effective clinical interventions, and treatment adherence for HIV/AIDS infected adults, adolescents and children, as developed by the U.S. Public Health Service. The training of minority providers is to be implemented through collaborations with Historically Black Colleges and Universities (HBCU) and Hispanic Serving Institutions, and Tribal Colleges. These efforts are designed to increase the treatment expertise and HIV knowledge of minority front-line providers serving individuals living with HIV/AIDS. Funds are also intended to support minority community based organizations to train minority providers to deliver culturally competent and language appropriate treatment education services. The conferees intend that at least ninety percent of total title IV funding be provided to grantees. The conferees expect the agency to use the funding increases for title IV, with the exception of any increases provided through the CBC/ Minority AIDS Initiative, to provide, at a minimum, additional funds to existing grantees to reflect the increases in the costs of providing comprehensive care. The agency should use a significant portion of the remaining funds to expand comprehensive services for youth, both through existing and new grantees. The conferees believe that the agency should expand efforts to facilitate ongoing communication with grantees so that prospective changes in the administration of the program can be discussed. From within the increase provided to pediatric AIDS demonstrations, the conferees encourage HRSA to target funds towards approved but unfunded applications from the previous fiscal year. The conference agreement includes $140,000,000 for health care access for the uninsured instead of $25,000,000 as proposed by the Senate. The House bill did not contain funding for this unauthorized program. Of this amount, $125,000,000 is included to provide grants to public, private, and non-profit health entities to develop and expand integrated systems of care and address service gaps within such integrated systems with a focus on primary care, mental health services and substance abuse services. The program will supplement existing categorical safety net programs to assist communities in better harnessing their current capabilities and resources. The national health care safety net is under enormous strain and the demand for this initiative large. The remaining $15,000,000 is to continue the initiative that was begun in fiscal year 2000 to help states identify the characteristics of the uninsured within the state and approaches for providing all uninsured with health coverage through an expanded state, Federal and private partnership. States have shown great interest in committing to the initiative and a second year of funding will produce a more comprehensive set of designs for providing insurance coverage for the uninsured. Sufficient funds are included to support up to ten new state grants, provide technical assistance to grantees and, if necessary, provide limited supplemental funding to states funded in fiscal year 2000 to complete their work. The Secretary is requested to submit a final report on state findings no later than December 1, 2001. The report should provide state by state summaries on baseline information, the process by which the state developed recommendations, including a description of data collection and partnerships, characteristics of the uninsured within the state, the proposed approaches for providing all uninsured with health coverage, and the estimated public and private cost of providing coverage. The report should also highlight and summarize common findings, policy development efforts and approaches identified by the states. The conference agreement includes $9,900,000 for an adoption awareness program as authorized in the Child Health Act of 2000. The conference agreement includes $10,000,000 for authorized health-related activities of the Denali Commission. The conference agreement includes $139,246,000 for program management instead of $128,123,000 as proposed by the House and $135,766,000 as proposed by the Senate. The conferees include the following amounts for the following projects and activities in fiscal year 2001: --$230,000 for the Illinois Poison Center; --$250,000 for the University of Alaska to establish an INPSYCH Center to train Alaska natives as psychologists to practice in Alaska villages; --$500,000 for the University of Alaska, Anchorage to recruit and train nurses; --$700,000 to support the efforts of the American Federation for Negro Affairs Education and Research Fund of Philadelphia; --$900,000 for Northeastern University in Boston, Massachusetts to train doctors to serve low-income communities; and --$900,000 for Des Moines University Osteopathic Medical Center for development of a model program for training and education in the field of geriatrics. The Child Health Act of 2000 authorizes oral health activities intended to improve the oral health of children under six years of age who are eligible for services provided under a Federal health program. These activities should increase the utilization of dental services by such children and decrease the incidence of early childhood and baby bottle tooth decay. The conferees are supportive of these efforts. Centers for Disease Control and Prevention Disease Control, Research, and Training The conference agreement includes $3,868,027,000 for disease control, research, and training instead of $3,386,369,000 as proposed by the House and $3,251,996,000 as proposed by the Senate. The conference agreement includes $175,000,000 for equipment, construction, and renovation of facilities as proposed by the Senate instead of $145,000,000 as proposed by the House. The conference agreement includes bill language to allow CDC to enter into a single contract or related contracts for the full scope of development and construction of facilities as proposed by the Senate. The House bill provided this authority only for laboratory building 18. The conference agreement includes a total of $97,354,000 for the National Center for Health Statistics instead of $86,759,000 as proposed by the House and $105,110,000 as proposed by the Senate. The conference agreement also includes bill language designating $71,690,000 of the total to be available to the Center under the Public Health Service Act one percent evaluation set-aside as proposed by the House instead of $91,129,000 as proposed by the Senate. The conference agreement includes bill language to allow funds recouped from fiscal years 2000 and 2001 obligations for the influenza vaccine stockpile to be used in fiscal year 2001 for childhood vaccine purchase. The conference agreement does not include language proposed by the Senate to allow funds made available for section 317A of the Public Health Service Act to be used at Early Head Start program sites. The House bill contained no similar provision. The conference agreement consolidates the salaries and expenses of CDC into a single account. Salaries and expenses activities encompass all non-extramural activities with the exception of program support services, centrally managed services, and buildings and facilities. The agency may allocate administrative funds for extramural program activities according to its judgment. Funds should be apportioned and allocated consistent with the table, and any changes in funding are subject to the normal notification procedures. The conference agreement includes $175,969,000 for the prevention health services block grant instead of $175,964,000 as proposed by the House and $175,124,000 as proposed by the Senate. Within the total provided, $44,225,000 is for rape prevention and education activities previously funded through the Crime Trust Fund. The conference agreement includes $23,012,000 for prevention centers instead of $23,000,000 as proposed by the House and $14,080,000 as proposed by the Senate. The conferees include $700,000 for the Roger Williams Medical Center Healthlink program in Providence, Rhode Island to develop and implement a comprehensive health promotion initiative for senior retirees. The conference agreement includes $529,461,000 for childhood immunization instead of $472,966,000 as proposed by the House and $499,005,000 as proposed by the Senate. Included in this amount is an increase of $42,487,000 for operation/infrastructure activities, $5,000,000 for global polio eradication activities, and $20,000,000 for vaccine purchase. The conferees intend that funds available for vaccine purchase are for all currently licensed and recommended vaccines. In addition, the Vaccines for Children (VFC) program funded through the Medicaid program is expected to provide $469,054,000 in vaccine purchases and distribution support in fiscal year 2001, for a total program level of $1,016,528,000. The conferees recommend that CDC discontinue immunization incentive grants and that CDC award the $33,000,000 previously committed for this program as part of the entire operations funding to support State grantees cumulative core budgets. Incorporating incentive grants into States' base operations award would allow more States to receive a greater proportion of their core budget and help improve their overall immunization coverage levels. The conferees recommend that CDC use grant funding made available due to the completion of Congressionally-directed demonstration projects to ensure that all States receive at least the same level of operational funding received in fiscal year 2000, thereby holding them harmless during this funding shift from a formula based approach. Funding for measles vaccine for supplemental measles immunization campaigns and epidemiological, laboratory, and programmatic/operational support to the World Health Organziation and its member countries is included in measles eradication funding not polio eradication funding as identified in the Senate report. The conference agreement includes $767,246,000 for HIV/AIDS instead of $673,367,000 as proposed by the House and $640,000,000 as proposed by the Senate. Included in this amount is an additional [[Page H12133]] $3,000,000 to maintain the current hematologic and blood safety program commitments and to expand support for the treatment centers network in carrying out initiatives to address the complications of hemophilia, including HIV/AIDS, blood safety surveillance and monitoring, and the needs of women with bleeding disorders. The conferees recognize the devastating impact of the global AIDS epidemic upon individuals, families and communities in Africa and Asia and have included $104,527,000 for global HIV/AIDS activities at CDC, which shall be available until September 30, 2002. This amount is an increase of $69,527,000 over the fiscal year 2000 appropriation. With funding received in fiscal year 2000, CDC, in collaboration with USAID and other federal agencies, has begun to combat the AIDS epidemic in 14 of the hardest hit countries in Africa and in India. The conferees urge CDC to continue to work in collaboration with USAID and other departments such as the Department of Defense and the Department of Labor, and other DHHS agencies especially HRSA, as well as international agencies, non-governmental organizations and country governments to halt the spread of the epidemic and lessen its impact. In those countries where CDC already has a presence, CDC, in collaboration with USAID and HRSA, should assist in implementing country-wide care and prevention programs. This will include partnering with HRSA to develop health care services focused on mobilizing communities for the development of palliative care, basic treatment, and support services. In addition, CDC should begin to assist other areas at high risk for severe epidemics including other African countries, Southeast Asia, and the Caribbean/Latin American region. Finally, CDC should support targeted anti-retroviral treatment demonstration projects in countries where sufficient care and treatment infrastructures exist. Within the total for international HIV/AIDS activities, the conferees provide $3,000,000 through CDC to support HRSA activities aimed at improving professional education and training relating to this initiative. The conferees have also included language to extend certain authorities of the Department of State to the Secretary of HHS so that CDC may use State's administrative systems for personnel, contracting and procurement, and for limited renovation or construction of essential program facilities. As a preventive vaccine offers the world's best hope for turning the tide against the global AIDS pandemic, and since international collaborations are essential for this goal, the conferees encourage CDC to work collaboratively with the International AIDS Vaccine Initiative and other global organizations to accelerate the development and testing of promising vaccine candidates. The conferees have provided additional funds to respond to the unmet needs identified through the community planning process. These funds are to augment the cooperative agreements between CDC and State and local health departments. The conferees recommend that CDC allocate an increase to evaluate HIV prevention service delivery programs to improve funding decision-making and to implement more rapid effective transfer of technology to community based service delivery organizations and health departments. Approximately half of this amount should support evaluation activities to track service delivery by community based organizations, and utilize cost-effectiveness analysis in HIV prevention. The remaining funds would be used to expand technology transfer regarding HIV prevention through activities such as regional technical assistance, technology transfer, and training for the purpose of providing links between evidence-based HIV prevention science and public health departments, community planning groups, healthcare providers, and prevention science providers. The conference agreement includes $88,000,000 to fund CDC activities that are designed to address the trend of the HIV/ AIDS epidemic in communities of color, based on the most recent estimated living AIDS cases, HIV infections and AIDS mortality among ethnic and racial minorities as reported by the CDC. The program initiative includes funds for the ''Know Your Status'' campaign. The conferees have included funds for the Directly Funded Minority Community Based Organization program to fund grant applications from minority organizations with a history of providing services to communities of color to develop and expand HIV prevention interventions and services targeted to highly impacted minority men, women, youth and sub-populations. Funds are also included to create grants under the CDC Community Development Program to support needs assessments and enhance community planning processes to integrate HIV, STD, TB, substance abuse prevention and treatment, care and community development within communities of color. Funds are to be allocated for technical assistance programs for grantees under the Directly Funded Minority CBO program, for Faith- Based Initiative Programs including community based organizations interested in developing coalitions and partnerships with faith based institutions. Funds are also provided for CDC's HIV surveillance activities to better track the epidemic and target resources. These funds are to be allocated based on program priorities identified in the previous fiscal year as well as new priorities. The conference agreement includes $126,528,000 for tuberculosis (TB) instead of $120,364,000 as proposed by the House and $113,413,000 as proposed by the Senate. The conferees intend that the increase over the President's request be used to reduce the number of foreign born TB cases contributing to the U.S. caseload, strengthen domestic TB control programs, and provide preventive therapy to individuals who have latent TB infection and are high-risk for developing active, infectious TB. The conferees include $184,000 for Onondaga County, New York Health Department to establish a prospective tuberculosis control program for Central New York industries. The conference agreement includes $148,256,000 for sexually transmitted diseases instead of $136,743,000 as proposed by the House and $135,978,000 as proposed by the Senate. The conferees provide $6,000,000 over fiscal year 2000 funding for chlamydia and $14,934,000 over fiscal year 2000 funding for syphilis. Except for the administrative contribution required by CDC, all of this increase for chlamydia must be spent on appropriate services to patients to prevent chlamydia infections using the existing partnership between STD and family planning. The conferees recognize that given the problem of re-infection and other factors, some of these funds may be utilized to provide screening and treatment to males as deemed appropriate by CDC. The conference agreement includes $417,039,000 for chronic and environmental diseases instead of $317,374,000 as proposed by the House and $319,553,000 as proposed by the Senate. Programs within this account are funded (including salaries and expenses) at the following levels: Environmental Disease Prevention: Arctic populations...........................................$390,000 Asthma.....................................................27,906,362 Autism......................................................6,734,000 Birth defects..............................................17,608,000 Disabilities prevention....................................15,276,000 Environmental lab and health activities....................46,593,117 Fetal alcohol syndrome......................................9,551,843 Folic Acid..................................................2,500,000 Hanford Study...............................................1,679,000 Limb Loss...................................................3,352,000 Mild mental retardation.....................................4,396,000 Newborn Hearing Screening...................................6,315,576 Pfisteria...................................................9,081,000 Radiation...................................................1,949,000 Spina bifida................................................2,155,000 Volcanic emissions.............................................97,000 ________________ Subtotal, Environmental.................................155,583,898 Chronic Disease Prevention & Health Promotion: Arthritis and healthy aging................................11,889,000 Behavior risk factor surveillance...........................1,918,000 Cancer registries..........................................36,434,297 Cardiovascular diseases....................................35,038,825 Chronic fatigue syndrome....................................7,000,000 Colorectal cancer...........................................8,901,345 Community health promotion..................................7,164,000 Comprehensive cancer control................................3,096,000 Diabetes...................................................58,344,038 Epilepsy....................................................4,074,255 Iron overload.................................................495,000 Nutrition/Physical activity................................16,222,438 Oral health.................................................8,460,000 Prevention of teen pregnancies.............................13,258,000 Prostate cancer............................................11,173,000 School health program.......................................9,775,000 Skin cancer.................................................1,647,000 Tobacco (smoking and health)..............................103,355,034 Women's health..............................................1,500,000 Ovarian cancer..............................................2,625,870 Subtotal, Chronic.......................................342,371,102 Consolidated program administration.......................-80,916,000 ________________ Total, Chronic & Environmental..........................417,039,000 Within the total provided for arthritis, the conferees urge CDC to continue research, surveillance, and health communication efforts, including the impact of lupus on women, within the framework of the National Arthritis Action Plan. Within the total provided for cardiovascular diseases, the conferees expect CDC to enhance professional and public awareness outreach activities on pulmonary hypertension. Within the total provided for nutrition/physical activity, the conferees expect CDC to address overweight, obesity, nutrition, and sedentary lifestyles by supporting state-based programs, by training health professionals to recognize the signs of obesity and recommend prevention activities, by educating the public concerning overweight or obesity through public education campaigns, and by developing strategies for use at worksites and in community health and other community settings. Native American populations have a diabetes rate of four times the national average with Hispanics following a close second. The conferees urge CDC to fund pilot projects to examine nutrition and prevention protocols for these populations. The conferees look forward to the completion of the evidence-based report being developed by CDC and the Agency for [[Page H12134]] Healthcare Research and Quality that will assess the elements of epilepsy treatment as they relate to clinical outcomes. CDC is expected to disseminate the findings of this report to people with epilepsy, health care professionals, and the general public. The Director should be prepared to provide the next steps required to implement an early intervention strategy including diagnosis, treatment, and referral recommendations at the fiscal year 2002 appropriations hearing. The conferees are encouraged that CDC plans to convene a meeting to develop a national prostate cancer public health agenda. The conferees urge the agency to continue its work with voluntary public and professional organizations to develop and implement a national educational and outreach campaign with special attention to minority and under served populations. CDC should be prepared to report on its prostate cancer programs at the fiscal year 2002 appropriations hearing. The conferees urge CDC to give full and fair consideration to a proposal to develop a diversified screening demonstration project with the Dean and Betty Gallo Prostate Cancer Center at the Cancer Center of New Jersey and the Men's Health Network designed to determine effective methods for encouraging men in the underserved population to participate in colorectal screening and screening for other high risk diseases. The conferees urge CDC to provide additional support for Johns Hopkins University to develop the Center for Limb Loss Research. The conferees include the following amounts for the following projects and activities in fiscal year 2001. Within the total provided for asthma, $213,000 is for the Buffalo General Foundation, Buffalo, New York, for a study examining the impact of air pollution on asthma rates and respiratory illness and $921,000 is for Forum Health of Youngstown, Ohio for a pediatric/adolescent asthma school program. Within the total provided for autism, $313,000 is for the Marshall University autism center in Huntington, West Virginia; $921,000 is for the New Jersey Epidemiologic Surveillance and Integration Center for Children with Autism; and $3,000,000 is for the Center of Excellence in Autism. Within the total provided for birth defects, $147,000 is for the Birth Defects Monitoring and Prevention Center at the University of South Alabama and $461,000 is for the University of Louisville Craniofacial Birth Defects Research Center. Within the total provided for cardiovascular diseases, $46,000 is for the Sisters of Charity Health Care System and Staten Island University Hospital's Heart Center; $500,000 for the Michael DeBakey Institute for Comparative Cardiovascular Science; $929,000 is for the Kettering Medical Center Healthy Hearts 2001 Initiative; and $4,500,000 is for The Paul Coverdell National Acute Stroke Registry to track and improve the delivery of care to patients with acute stroke. The conferees direct CDC to consult with the National Institute for Neurological Disorders and Stroke at the National Institutes of Health, the Brain Attack Coalition, and other professional organizations experienced in the treatment of stroke, in developing specific data points for collection as well as appropriate benchmarks for analyzing care. The conferees further direct CDC to include hospitals, universities, state and local health departments, and other appropriate partners to design and pilot test prototypes, that will measure the delivery of care to patients with acute stroke in order to provide real-time data and analysis to reduce death and disability from stroke and improve the quality of life for acute stroke survivors. Within the total provided for colorectal cancer, $184,000 is for the Sisters of Charity Health Care System to ensure that patients have access to early detection of gastro- intestinal cancers. Within the total provided for community health promotion, $553,000 is for the Baltimore City Health Department, Maryland, to establish a Center for Chronic Diseases and $900,000 is for the University of Texas, Dallas, for the Southwestern Medical Center, National Multiple Sclerosis Training Center. Within the total provided for comprehensive cancer control, $425,000 is for Miami-Dade County, Florida for the Health Choice Network to administer the Jesse Trice Cancer Prevention Project; $921,000 is for an Appalachian cancer demonstration project at the East Tennessee State University James H. Quillen College of Medicine to address cancer care in the rural Appalachian region; $900,000 is for the University of Rhode Island Cancer Prevention Research Center to provide interactive interventions of at-risk populations; and $850,000 is for the University of Texas M.D. Anderson Cancer Center in Houston, Texas, for a comprehensive cancer control program to address minority and medically undeserved populations. Within the total provided for diabetes, $230,000 for the Fresno Community Hospital and Medical Center to support a minority-focused diabetes outreach program; $213,000 is for the Diabetes-Endocrinology Center of Western New York in Buffalo for community education and outreach efforts to improve the early detection, prevention and control of diabetes; $276,000 is for a comprehensive diabetic research, education and treatment program at Louisiana State Health Sciences Center in Shreveport; $425,000 is for the University of Puerto Rico to support surveillance, prevention research and education programs at the center for diabetes in Puerto Rico; $1,000,000 is for the National Diabetes Prevention Center in Gallup, New Mexico to continue the prevention center for American Indians; and $1,843,000 is for the Center for Diabetes and Prevention Control at Texas Tech University Health Sciences Center to provide a national model of diabetes outreach, education, prevention and care. Within the total provided for disabilities prevention, $3,000,000 is to establish a paralysis information and support center with the Christopher Reeve Paralysis Foundation and to enhance efforts on the prevention of secondary complications to improve outcomes and the quality of life for people living with paralysis. Within the total provided for environmental health activities, $213,000 is for the San Antonio Metropolitan Health District to expand an assessment of human exposure to environmental contaminants near Kelly Air Force Base, Texas; $400,000 is for the establishment of a National Mass Fatalities Training Response Center, at Kirkwood Community College in Cedar Rapids, Iowa; $500,000 is for the State of Alaska's Department of Health and Social Services to study environmental contaminants; $850,000 for a joint United States/Vietnamese study on the effects of agent orange; $850,000 for the University of North Carolina at Chapel Hill to support additional research on animal modeling of chronic human diseases such as cancer, fibrosis, hypertension, and other diseases; and $1,800,000 for the Center for Environmental Medicine and Toxicology at the University of Mississippi Medical Center in Jackson, Mississippi. Within the total provided for nutrition/physical activity, $250,000 is for the National Youth Fitness and Obesity Institute at the University of Northern Iowa; $298,000 is for the University of North Carolina at Greensboro, North Carolina, Institute for Health, Science and Society for the Children's Healthy Life Skills Initiative; and $461,000 is for the Grenada Lake Medical Center in Grenada, Mississippi to conduct a demonstration on physical fitness in rural areas. Within the total provided for school health program, $140,000 is for Proviso East High School in Maywood, Illinois in collaboration with Loyola University of Chicago and the Cook County Board of Health to improve the delivery of on- site primary care, preventive care, and health outreach to low-income parents and students in the community. Within the total provided for tobacco, $900,000 is for the University of Rhode Island Tobacco Cessation Program to compare media and policy interventions on smoking cessation and adoption of no smoking policies in the home. The conference agreement includes $173,928,000 for breast and cervical cancer screening instead of $160,941,000 as proposed by the House and $167,016,000 as proposed by the Senate. The conference agreement includes bill language to allow the agency to expand the WISEWOMAN program to not more than 15 States as proposed by the Senate. The House bill allowed the agency to expand the program to not more than 10 States. The conferees urge the CDC to give full and fair consideration to proposals from Access Community Health Network in Chicago for delivering breast and cervical cancer screening and follow-up services to minority women. The conferees include the following amounts for the following projects and activities in fiscal year 2001: --$92,000 to evaluate the high incidence of breast cancer in DuPage County, Illinois; --$213,000 for Marin County, California to evaluate the high incidence of breast cancer in the San Francisco Bay Area; --$1,671,000 for the Healthcare Association of New York State for a breast cancer demonstration project to develop an integrated model for the delivery of comprehensive breast cancer services in a coordinated setting. The conference agreement includes $181,701,000 for infectious diseases instead of $111,622,000 as proposed by the House and $112,000,000 as proposed by the Senate. Within the total provided, $25,000,000 is for the establishment of partnerships between CDC and academic institutions and State and local public health departments to carry out pilot programs for antimicrobial resistance detection, surveillance, education and prevention, and to conduct research on resistance mechanisms and new or more effective antimicrobial compounds. The conferees commend CDC for its initiative to work with hospitals in identifying and responding to the risk of hospital-acquired infections and the emergence of antimicrobial resistance in the pediatric population, including its successful development of the largest hospital- based infection control network in the country. The conferees encourage CDC to continue its effort to work with pediatric hospital networks to improve infection control efforts for children, particularly high-risk children. Within the total provided, $25,000,000 is to continue planned activities and to expand efforts to control the West Nile virus, an increase of $20,000,000 above the President's request. The conferees direct CDC to ensure an equitable distribution of these funds based on the impact of the West Nile virus in particular states and localities during calendar year 2000. The criteria should include: the date of first positive findings, intensity of wildlife transmission, occurrence of human illness, geographic extent of positive findings, laboratory testing/activities, and employment of control measures, including spraying. [[Page H12135]] Also within the total provided is $34,577,000 for NEDSS/EID and an increase of $4,000,000 for malaria programs. The conferees urge CDC to give full and fair consideration to a proposal by Advance Paradigm to demonstrate the role of provider utilization of information technology to improve patient safety through management of polypharmacy outcomes. The conferees include the following amounts for the following projects and activities in fiscal year 2001: --$149,000 for Case Western Reserve University, Cleveland, Ohio for prion disease surveillance; --$250,000 for the Institute for Clinical Evaluation for the reduction of medical errors through the development and demonstration of virtual reality medical technology simulation for training health care workers in medical procedures; --$300,000 for the Fletcher Allen Health Care, Burlington, Vermont for a demonstration to reduce medical errors; --$500,000 for the Iowa Department of Public Health for a demonstration to identify and develop strategies to reduce adverse medical events; --$961,000 for the University of Texas Medical Branch, Galveston, Texas, Tyler Border Infectious Disease Monitoring Program; --$921,000 for the Emerging Infectious Diseases Center at the University of New Mexico in Albuquerque to develop a network-based surveillance system; and --$1,843,000 to develop a comprehensive, statewide electronic public health reporting system in the State of Delaware. The conference agreement includes $34,933,000 for lead poisoning prevention instead of $31,019,000 as proposed by the House and $30,978,000 as proposed by the Senate. CDC is encouraged to work with Early Head Start in developing a strategy identify and target resources for childhood lead poisoning prevention to high-risk populations. The conference agreement includes $77,332,000 for injury control instead of $66,298,000 as proposed by the House and $69,000,000 as proposed by the Senate. The conferees have provided an additional $3,000,000 for CDC to strengthen its focus on violence by supporting initiatives directed at the prevention of physical and emotional injuries associated with child abuse and neglect. The conferees note that CDC convened a group of experts on child maltreatment to identify future directions for prevention. Increased funds are provided to begin to improve information on child maltreatment through mechanisms such as state-based surveillance, the development of uniform definitions, and survey information from victims and perpetrators. The conferees also support the evaluation and dissemination of effective interventions and urge CDC to develop and distribute an evaluation primer, a resource guide for evaluated child maltreatment interventions, and educational materials on child maltreatment prevention. The conferees include $2,000,000 to support a joint effort by CDC and the Consumer Product Safety Commission to identify products that contribute to common injuries. The conferees understand that this effort includes collecting information from hospitals that currently offer 24-hour trauma service. The conferees agree that any research and/or study undertaken shall address all products contributing to injuries found in these areas and that all existing restrictions on CDC funding and the Consumer Product Safety Commission apply to all aspects of this effort. CDC is urged to conduct evaluation research on sleepiness, sleep deprivation, and injury prevention associated with fatigue. The conferees concur with Senate report language regarding the development of population-based injury reporting systems and recognize the efforts of the University of Maryland, College Park. The conferees include the following amounts for the following projects and activities in fiscal year 2001: --$92,000 for the Rebuild program at Inova Fairfax Hospital that will enable trauma system doctors and nurses to work effectively with the families of trauma victims; --$200,000 for the National Children's Center of Rural Agricultural Health; --$250,000 for the American Trauma Society for a trauma information and exchange program; --$425,000 for the National SAFE KIDS Campaign, Washington, DC to improve child health through parental training and technical assistance in public housing sites and communities; --$750,000 for an Alaska Injury Prevention Center of which $250,000 is for collaboration with the State of Alaska Department of Health and Social Services and $500,000 is to develop a statewide childhood injury prevention program; --$850,000 for the Kennedy Krieger National Center for Research on Behavior of Children and Youth, Baltimore, Maryland for a youth violence prevention project; and --$921,000 for the Save A Life Foundation to expand the training of its basic life supporting first aid program. The conference agreement includes $119,375,000 for the national occupational safety and health program instead of $86,346,000 as proposed by the House and $105,000,000 as proposed by the Senate. The conferees provide an increase over the request of $10,000,000 for the National Occupational Research Agenda, $9,000,000 for respirator research and personal protective technology, and $1,000,000 for Education and Resource Centers. The conferees urge NIOSH to be supportive of developing a Pacific basin focus at the University of Hawaii at Hilo. The conferees include $723,000 for Purdue University in West Lafayette, Indiana, to support the Construction Safety Alliance for a national program in construction safety and health. The conference agreement includes $174,851,000 for epidemic services instead of $155,338,000 as proposed by the House and $30,254,000 as proposed by the Senate. Within the total provided, $125,000,000 is for a National Campaign to Change Children's Health Behaviors as described in the House report, including promoting mental health. The campaign is designed to clearly communicate messages that will help kids develop habits that foster good health over a lifetime. The conferees expect the goals of the campaign will also address the growing problem of obesity in this country. By displacing the opportunity for young people to make bad choices during after-school and weekend hours (such as being physically inactive) with opportunities to engage in positive goal- directed activities (such as sports and other physical activity) the campaign will reduce the proportion of children and adolescents who are overweight and obese. The conferees commend CDC's leadership role in landmine victim assistance programs and have provided an additional $5,000,000 to support expansion of the landmine survivor program as well as the partnership with the Landmine Survivors Network to further develop peer support networks that address the rehabilitative and socioeconomic needs of landmine victims in mine affected countries. The agreement includes $14,000,000 for the safe motherhood initiative. The conferees urge CDC to further its efforts to prevent deaths and complications during pregnancy and reduce racial disparities, with special focus on complications related to a lack of access to prenatal care and community support. The conferees include the following amounts for the following projects and activities in fiscal year 2001: --$9,000 for the Cross Road Foundation for a pilot project to sponsor singles mother self-help groups to improve parenting skills; --$37,000 for Victory Memorial Hospital in Brooklyn, New York to expand its prenatal program for uninsured, pregnant women; --$100,000 for the Northern New Jersey Maternal Child Health Consortium; --$184,000 for the Children's Hospital of Buffalo for activities related to intestinal motility disorders in infants; --$500,000 for the University Medical Center of Southern Nevada for Maternal and Neonatal Intensive Care; --$900,000 for Sudden Infant Death Syndrome Resources, Inc., Missouri Bootheel Healthy Start project; --$1,000,000 for the Prince George's County Health Department for Infant Mortality Prevention; --$1,020,000 for Jackson State University, Office of Research and Development to establish an epidemiological research institute; --$1,704,000 is for the University of Arizona, College of Public Health to continue comprehensive research and evaluation of the unique public health risks along the U.S.- Mexico border; and --$3,001,000 for the Lawton and Rhea Chiles Center for Healthy Mothers and Babies Friendly Access program to improve the quality of perinatal health service delivery. The conference agreement includes $13,593,000 for prevention research as proposed by the House instead of $13,386,000 as proposed by the Senate. The conference agreement includes $35,009,000 for health disparities demonstrations instead of $32,184,000 as proposed by the House and $27,000,000 as proposed by the Senate. The conference agreement includes $669,130,000 for program administration instead of $648,774,000 as proposed by the House and $626,228,000 as proposed by the Senate. The conferees do not include language proposed by the Senate to reduce administrative expenses of the CDC. The House bill contained no similar provision. National Institutes of Health National Cancer Institute The conference agreement includes $3,757,242,000 for the National Cancer Institute instead of $3,793,587,000 as proposed by the House and $3,804,084,000 as proposed by the Senate. NCI is encouraged to take appropriate steps to take full advantage of scientific opportunities that may be available from using genealogical databases to understand, diagnose, treat and prevent cancer and other diseases. National Heart, Lung and Blood Institute The conference agreement includes $2,299,866,000 for the National Heart, Lung and Blood Institute instead of $2,321,320,000 as proposed by the House and $2,328,102,000 as proposed by the Senate. The conferees support research on the interaction of tuberculosis and AIDS conducted through the Institute's AIDS research program and encourage enhanced research in this area. The conferees also urge NHLBI to continue research and development efforts in the area of polynitroxylated hemoglobin, a blood cell substitute being developed to provide oxygen carrying capacity and adequate blood flow to the critically injured. [[Page H12136]] National Institute of Dental and Craniofacial Research The conference agreement includes $306,448,000 for the National Institute of Dental and Craniofacial Research instead of $309,007,000 as proposed by the House and $309,923,000 as proposed by the Senate. The conferees are concerned about the exceptionally high rate of severe dental caries suffered by American Indian children and encourage NIDCR to support long-term research of the etiology and pathogenesis of dental caries in these populations. The conferees also encourage NIDCR to conduct research on effective ways to control severe caries in American Indian children through all available mechanisms, as appropriate, including clinical trials. national institute of diabetes and digestive and kidney diseases The conference agreement includes $1,303,385,000 for the National Institute of Diabetes and Digestive and Kidney Diseases instead of $1,315,530,000 as proposed by the House and $1,318,106,000 as proposed by the Senate. The conferees are concerned that the urology research effort is not addressing the large public health impact of urological diseases and conditions. NIDDK is strongly urged to enhance its research initiatives in urology. The conferees encourage NIDDK to coordinate with the Office of Dietary Supplements on their findings from the chromium and diabetes nutrition conference held in November of 1999. The Institute is encouraged to enhance basic research grants to examine cellular glucose metabolism and the factors that influence that metabolism, especially the influence of chromium-containing compounds on glucose receptors. The conferees encourage NIDDK to expand research efforts for treatments for mucopolysaccharidosis (MPS). The conferees recognize the recent progress in some areas of MPS research, however the persistent challenges in development of effective treatments remain. NIDDK is encouraged to work with other Institutes, especially NINDS and NICHD, to research effective therapies. The conferees are concerned regarding reports that funding for two of the four recently established Interdisciplinary Research Centers have been significantly reduced. The conferees urge NIDDK, consistent with the PKD Strategic Plan, to fully fund the four Interdisciplinary Research Centers. The conferees are pleased with the growth of the NIDDK research portfolio on inflammatory bowel disease (IBD) and the focus on IBD in several of the Institute's digestive diseases centers. Moreover, several new initiatives are planned, including efforts to create an IBD genetics consortium in followup to a meeting NIDDK held in March 2000 on the genetics of IBD. The conferees are hopeful that IBD will be one of the diseases to be studied in the soon-to-be- established NIDDK digestive diseases trial network. The conferees urge the Institute to foster research on genetic, environmental and other factors that offer promise of shedding light on the underlying causes of immunologic abnormalities and inflammatory mechanisms in IBD, and that may help point the way to more effective therapeutic and preventive strategies. national institute of neurological disorders and stroke The conference agreement includes $1,176,482,000 for the National Institute of Neurological Disorders and Stroke instead of $1,185,767,000 as proposed by the House and $1,189,425,000 as proposed by the Senate. The conferees are aware of the efforts of NINDS to identify the gene that causes Mucolipidosis Type IV (ML-4), a debilitating genetic metabolic disorder that prevents normal development in children. The conferees encourage NINDS to consider conducting workshops and expand research efforts in this area. The conferees urge NINDS to enhance research activities on the development or adaptation of electrical stimulation devices to activate the reflexes of the paralyzed muscles that open the airway during breathing in cases of paralyzed vocal cords due to trauma or neurodegenerative disease. The conferees encourage NINDS to continue their collaborative efforts with advocacy groups to develop treatments for Friedreich's ataxia. Recent advances in Spinal Muscular Atrophy (SMA) research have found that activation of the SMN2 gene may benefit treatment of SMA. The conferees urge NINDS to develop a SMA basic and clinical research portfolio through all available mechanisms, as appropriate, including clinical trials of drug compounds capable of activating SMN2 expression. The conferees also encourage the Institute to explore areas of promising research identified in the 2000 Families of SMA International Workshop. Mitochondrial disorders comprise a panoply of progressive, neurodegenerative syndromes affecting multiple organ systems and causing mild to severe disabling neurological complications. At present there is no cure or therapies that are effective. It is recognized that adult onset disorders such as Parkinson's, Alzheimer's, and Huntington's diseases may have an associated mitochondrial defect. The conferees urge NINDS and other relevant Institutes to explore the potential applicability of promising new therapies for these diseases in treating patients with mitochondrial disorders. The conferees are pleased to note that progress continues to be made both with respect to the treatment and in our understanding of the cause of multiple sclerosis. Recent studies have provided the best evidence to date that the disease is caused by over-reactivity of a person's own immune response. Based on these advances, the conferees encourage NINDS to expand its efforts to test new, innovative therapies. Research strategies should include the use of MRI and other surrogate biomarkers to help determine the stage of the disease, to evaluate effective treatments, and to improve diagnosis. National Institute of Allergy and Infectious Diseases The conference agreement includes $2,043,208,000 for the National Institute of Allergy and Infectious Diseases instead of $2,062,126,000 as proposed by the House and $2,066,526,000 as proposed by the Senate. National Institute of General Medical Sciences The conference agreement includes $1,535,823,000 for the National Institute of General Medical Sciences instead of $1,548,313,000 as proposed by the House and $1,554,176,000 as proposed by the Senate. National Institute of Child Health and Human Development The conference agreement includes $976,455,000 for the National Institute of Child Health and Human Development as proposed by the Senate instead of $984,300,000 as proposed by the House. The conferees are supportive of plans to conduct a national longitudinal study of environmental influences on children's health. The Director of NICHD is urged to establish a consortium of representatives from appropriate Federal agencies, including CDC, EPA and other NIH Institutes to plan and initiate pilot studies that will provide the information necessary to develop and implement the full national longitudinal study. To this end, the conferees have provided funds to support this initiative and look forward to learning of the progress made during the fiscal year 2002 appropriations hearing. National Eye Institute The conference agreement includes $510,611,000 for the National Eye Institute instead of $514,673,000 as proposed by the House and $516,605,000 as proposed by the Senate. Recent progress in genetics research has opened up the potential for gene-based approaches for the prevention and treatment of retinal and other blinding diseases. Gene-based therapies for several forms of retinal degeneration have been successfully demonstrated in laboratory animal studies, and preclinical work has satisfied patient safety and ethical issues. The conferees urge NEI to accelerate the development of these new gene-based approaches through all available mechanisms, as appropriate, including clinical trials. National Institute of Environmental Health Sciences The conference agreement includes $502,549,000 for the National Institute of Environmental Health Sciences instead of $506,730,000 as proposed by the House and $508,263,000 as proposed by the Senate. The causes of breast cancer are largely unknown. There is little agreement in the scientific community on how the environment impacts breast cancer. While studies have been conducted on the links between environmental factors like diet, pesticides, and electromagnetic fields, no conclusive evidence exists. The conferees encourage NIEHS to enhance research efforts to study the links between the environment and breast cancer through all available mechanisms, as appropriate, including establishing centers of excellence. National Institute on Aging The conference agreement includes $786,039,000 for the National Institute on Aging instead of $790,299,000 as proposed by the House and $794,625,000 as proposed by the Senate. National Institute of Arthritis and Musculoskeletal and Skin Diseases The conference agreement includes $396,687,000 for the National Institute of Arthritis and Musculoskeletal and Skin Diseases instead of $400,025,000 as proposed by the House and $401,161,000 as proposed by the Senate. Osteogenesis Imperfecta (OI), more commonly known as Children's Brittle Bone Disease, is a rare genetic disorder for which there is presently no cure. The conferees strongly encourage NIH to expand its support for research into the causes, diagnosis, treatment, prevention, and eventual cure for OI and to coordinate public research efforts with those supported by the private sector. The Director of NIAMS should be prepared to testify on this issue at the fiscal year 2002 appropriations hearing. Important strides have been made with the establishment of the Osteoporosis and Related Bone-Disease National Resource Center. The conferees urge NIAMS to expand support for the resource center's current activities, including developing and disseminating information based on current research findings that improve knowledge and understanding of the prevention, diagnosis, and treatment of osteoporosis and related bone diseases, implementing and evaluating model education programs to enhance bone health and reduce future risk of osteoporosis, and supporting public and private efforts to broaden the base of knowledge about osteoporosis and related bone diseases. [[Page H12137]] The conferees commend NIAMS for its growing support of research on rheumatic diseases of childhood, including the recent opening of a new Pediatric Rheumatology Clinic on the NIH campus. However, the conferees are concerned about the cadre of pediatric rheumatologists who are trained to treat and study these diseases. NIAMS is therefore encouraged to work with the Secretary of HHS and other PHS components, as appropriate, to assist in evaluating the status of the pediatric rheumatology workforce. In particular, the Institute is encouraged to take advantage of opportunities to support loan repayment for researchers working in the area of childhood rheumatic diseases. National Institute on Deafness and Other Communication Disorders The conference agreement includes $300,581,000 for the National Institute on Deafness and Other Communication Disorders as proposed by the Senate instead of $301,787,000 as proposed by the House. The conferees urge NIDCD to continue research on inner ear hair cell regeneration with special emphasis on gene delivery and gene transfer technology with specific relevance to the inner ear and the development of improved hearing aids and cochlear implants using digital processes. The conferees also urge NIDCD to continue to recruit experts from the field of molecular and cellular biology and genetics. National Institute of Nursing Research The conference agreement includes $104,370,000 for the National Institute of Nursing Research instead of $102,312,000 as proposed by the House and $106,848,000 as proposed by the Senate. National Institute on Alcohol Abuse and Alcoholism The conference agreement includes $340,678,000 for the National Institute on Alcohol Abuse and Alcoholism instead of $349,216,000 as proposed by the House and $336,848,000 as proposed by the Senate. National Institute on Drug Abuse The conference agreement includes $781,327,000 for the National Institute on Drug Abuse instead of $788,201,000 as proposed by the House and $790,038,000 as proposed by the Senate. National Institute of Mental Health The conference agreement includes $1,107,028,000 for the National Institute of Mental Health as proposed by the Senate instead of $1,114,638,000 as proposed by the House. National Human Genome Research Institute The conference agreement includes $382,384,000 for the National Human Genome Research Institute instead of $386,410,000 as proposed by the House and $385,888,000 as proposed by the Senate. National Center for Research Resources The conference agreement includes $817,475,000 for the National Center for Research Resources instead of $832,027,000 as proposed by the House and $775,212,000 as proposed by the Senate. The conferees include a provision to waive the matching requirement for the grant or contract to manage the 288 chimpanzees acquired by the Coulston Foundation. The House and Senate bills contained no similar provision. Within the total provided, $100,000,000 is for the Institutional Development Awards (IDeA) program as proposed by the House instead of $60,000,000 as proposed by the Senate. In the implementation of these funds, the conferees concur with the language contained in the House report. In addition, the conferees believe that the General Clinical Research Centers (GCRCs) are essential to furthering biomedical research progress and have included funds for NCRR above the Administration's request to permit an increase for GCRCs commensurate with the overall NIH funding increase. The conferees urge NCRR to use a portion of the increase provided for a new competition of Science Education Program Awards grants. The conferees further urge that these funds be used consistent with language contained in last year's House and Senate reports. John E. Fogarty International Center The conference agreement includes $50,514,000 for the John E. Fogarty International Center instead of $50,299,000 as proposed by the House and $61,260,000 as proposed by the Senate. National Library of Medicine The conference agreement includes $246,801,000 for the National Library of Medicine instead of $256,281,000 as proposed by the House and $256,953,000 as proposed by the Senate. National Center for Complementary and Alternative Medicine The conference agreement includes $89,211,000 for the National Center for Complementary and Alternative Medicine instead of $78,880,000 as proposed by the House and $100,089,000 as proposed by the Senate. The conferees are aware of the health benefits of cranberries and cranberry juice products in maintaining urinary tract health as well as their positive antibacterial and antioxidant effects and believe that independent Federally-funded research to test and/or validate these findings could add to the arsenal of health-based and nutritional alternatives to wellness. The conferees encourage NCCAM to study the health benefits of cranberry products. National Center on Minority Health and Health Disparities While the overall health of the nation has improved over the last two decades, there continues to be striking disparities in the burden of illness and death experienced by African Americans, Hispanics, Native Americans, Alaska Natives, and Asian-Pacific Islanders. Moreover, the largest numbers of medically underserved are white individuals, and many of them have the same health and access problems as do members of minority groups. Overcoming such persistent and perplexing health disparities, and promoting health for all Americans, ranks as one of our Nation's foremost challenges. These disparities are believed to be the result of the complex interaction among socioeconomic and biological factors, the environment, and specific behaviors, as well as other factors. While some of the causes of inequitable health outcomes may be beyond the scope of biomedical research, the conferees recognize that NIH has made research into health disparities a high priority, and has already taken steps to expand the role of research into why some minority groups have disproportionately high rates of disease. Congress recently passed and the President has signed the Minority Health and Health Disparities Research and Education Act of 2000. The Act established the National Center on Minority Health and Health Disparities, which will enable NIH to move ahead more rapidly toward its goal of elucidating the factors that contribute to these disparities. The Center will conduct and support research through grants to support programs targeting diseases and conditions that disproportionately affect minority groups and other populations with health disparities. The Center will build on the work of the Office for Research on Minority Health and the success of the Minority Health Initiative, currently located in the NIH Office of the Director. This will complement the ongoing research of the NIH Research Institutes and Centers also aimed at reducing health disparities. To emphasize the visibility of this new Center and the importance of its research mission, the conferees have included bill language providing $130,200,000 for the Center. Office of the Director (Including Transfer of Funds) The conference agreement includes $213,581,000 for the Office of the Director instead of $342,307,000 as proposed by the House and $352,165,000 as proposed by the Senate. The agreement includes a designation in bill language of $48,271,000 for the operations of the Office of AIDS Research. The conferees understand that with the funds allocated to NIH, the NIH expects to provide $2,266,987,000 in AIDS research funding. The agreement includes funds within the Office of the Director to address the trend of the HIV/AIDS epidemic in communities of color. The Office is encouraged to expand and strengthen science-based HIV prevention research for African Americans, Latinos, Native Americans, Asian Americans, Native Hawaiians and Pacific Islanders and consideration should be given to the U.S. Virgin Islands and Puerto Rico. The Office is also encouraged to expand existing culturally competent behavioral research, conducted by minority principal investigators, that seeks to break the link between HIV infection and high risk behaviors and that seeks to decrease the rate of mortality in targeted minority populations. The conferees continue to be interested in matching the increased needs of researchers who rely upon human tissue and organs to study human diseases and to search for cures. The conferees are aware of a recent review by a panel of expects that found that there is a rapidly expanding and unmet demand for the use of human tissue samples for research purposes. The conferees encourage the Director of NIH to work with the relevant Institutes to consider expanding support in this area and request that the Director be prepared to report on its plan to meet the demand for human tissue at the fiscal year 2002 appropriations hearing. The conferees encourage NIH to consider establishing a trans-NIH coordinating committee to focus on the lymphatic system, with particular emphasis on lymphedema and related lymphatic disorders. The conferees are aware of concerns raised regarding the progress of NIH research into fascioscapulohumeral muscular dystrophy and fascioscapulohumeral disease and encourage NIH to expand research in this area. The conferees concur with the language contained in the Senate report regarding microbicides research. The conferees encourage NIA, NICHD, and NINDS to work collaboratively to enhance research into Hutchison-Gilford Progeria Syndrome, an illness that strikes children in their first year causing them to age rapidly and prematurely and for which the average life expectancy is 13 years. The NIH has developed a five-year Parkinson's Disease Research Agenda. To carry out the plan, the professional judgement budget estimates call for increases over existing Parkinson's research of $71,400,000 in year one (fiscal year 2001). The conferees strongly urge the Director to work toward implementation of the research agenda and oversee coordination of all relevant Institutes, including NINDS, NIEHS, NIA, and others conducting Parkinson's research. The Director is requested to report by March 1, 2001 on the progress towards implementation of the research agenda and to submit updated professional judgement funding projections for subsequent years. [[Page H12138]] The conferees concur with the language in the Senate report regarding a study of the structure of NIH and expect to receive a report and recommendations one year from the date of confirmation of the new NIH Director. The conferees have been made aware of the public interest in securing an appropriate return on the NIH investment in basic research. The conferees are also aware of the mounting concern over the cost to patients of therapeutic drugs. By July 2001, based on a list of such therapeutic drugs which are FDA approved, have reached $500,000,000 per year in sales in the United States, and have received NIH funding, NIH will prepare a plan to ensure that taxpayers' interests are protected. The Office of Dietary Supplements is urged to research the relationship between chromium deficiencies and diabetes in Native Americans through all available mechanisms, as appropriate, including clinical trials. The number of Americans taking dietary supplements containing ephedra has risen dramatically. The conferees encourage the Office of Dietary Supplements to enhance clinical research on the safety and efficacy of these products. The conferees urge NIH to minimize the use of non-human animals in nicotine or tobacco experiments, and is encouraged to explore any non-human research methods that are currently available or under development that may be used as an alternative to using non-human animals. The conferees are concerned about the transfer of HIV prevention interventions that have proven to be effective to service programs supported by other federal agencies, such as CDC and HRSA. The Office of AIDS Research (OAR) should work with the ICs to increase NIH efforts in this area through the establishment of programs for regional technical assistance, technology transfer, and training for the purpose of providing links between evidence-based HIV prevention science and public health departments, community planning groups, healthcare providers, and prevention service providers. The conferees strongly urge NIH to implement an intensified research effort regarding autism consistent with the Children's Health Act of 2000. The Director of NIH should also provide a report to the House and Senate Appropriations Committees by March 1, 2001 regarding a plan for establishing the Centers of Excellence on Autism Program authorized in the Children's Health Act of 2000. The conferees commend the Office of AIDS Research for convening an external review of the Centers for AIDS Research Program and for the five year plan to increase the number of Centers. However, the conferees urge the NIH to consider ways in which the five year plan can be modified to balance the need to expand the number of Centers with the need to adequately support the leading AIDS research institutions with the core center mechanisms that they need to efficiently pursue AIDS research. The conferees encourage NIH to pursue recommendations from the Diabetes Research Working Group to address the specific needs of minority populations. The conferees are aware of the National Institute of Child Health and Human Development's (NICHD) efforts to establish a Perinatology Research Branch (PRB) to conduct research programs on pregnancy and perinatology in the greater metropolitan region of the District of Columbia. After several attempts, the conferees understand that NICHD now intends to hold a nationwide competition for a site for the PRB. The Director is requested to submit a written report by March 1, 2001, explaining why the efforts to establish the PRB in the greater metropolitan region of the District of Columbia have to-date been unsuccessful. The District of Columbia has the highest rate of infant mortality in the United States, the highest rate of infants born with low birthweights, and the lowest percentage of mothers receiving early prenatal care. Therefore, the report should include possible alternative methods for conducting research programs on pregnancy and perinatology in the greater metropolitan region of the District of Columbia. The conferees believe it appropriate for NIH to recognize Paul Rogers' numerous contributions to the public health and medical research. Therefore, the conferees urge the Director to designate the plaza in front of the James Shannon building on the NIH campus as the Paul G. Rogers Plaza and to commemorate it in his honor. The conferees appreciate the efforts of the Director to ensure that NLM's future physical needs are met and encourage that sufficient funds be made available from within NLM funding to meet these needs. Buildings and Facilities The conference agreement includes $153,790,000 for buildings and facilities instead of $178,700,000 as proposed by the House and $148,900,000 as proposed by the Senate. Substance Abuse and Mental Health Services Administration Substance Abuse and Mental Health Services The conference agreement includes $2,958,001,000 for substance abuse and mental health services instead of $2,727,626,000 as proposed by the House and $2,730,757,000 as proposed by the Senate. Within the funds provided, the conferees intend that $15,000,000 is to carry out the fetal alcohol syndrome prevention and services program. Center for Mental Health Services The conference agreement includes $420,000,000 for the mental health block grant instead of $416,000,000 as proposed by the House and $366,000,000 as proposed by the Senate. The conference agreement includes $91,763,000 for children's mental health instead of $86,763,000 as proposed by both the House and Senate. The conference agreement includes $36,883,000 for grants to states for the homeless (PATH) as proposed by the Senate instead of $30,883,000 as proposed by the House. The conference agreement includes $30,000,000 for protection and advocacy instead of $24,903,000 as proposed by the House and $25,903,000 as proposed by the Senate. The conferees continue to be concerned about deaths and serious injuries due to the inappropriate use of seclusion and restraints in facilities that treat individuals with mental illnesses and have provided additional resources so that these deaths can be investigated and future incidences can be prevented. The conference agreement includes $203,674,000 for programs of regional and national significance instead of $132,749,000 as proposed by the House and $146,875,000 as proposed by the Senate. Within the total provided, $90,000,000 provided under section 581 of the Public Health Service Act is for the support and delivery of school-based and school-related mental health services for school-age youth. It is intended that the Department will continue to collaborate its efforts with the Department of Education to develop a coordinated approach. The conferees recognize it may be necessary for the agency to allocate additional resources to the Safe Schools/ Healthy Students Action Center to expand its technical assistance to serve new grantees. Within the total provided, $3,000,000 is for suicide prevention hotlines. The conferees direct SAMHSA to undertake an evaluation of the effectiveness of these hotlines in preventing suicides. The conferees believe that SAMHSA is uniquely qualified to support a clearinghouse for youth suicide prevention, including a database and related files of reference materials and organizations. SAMHSA, through this clearinghouse, could provide training and technical assistance to States to implement the Surgeon General's recommendations for suicide prevention. Within the total provided, $10,000,000 is provided under section 582 of the Public Health Service Act to support up to 22 grants to local mental health providers for the purposes of developing knowledge of best practices and providing mental health services to children and youth suffering from post traumatic stress disorder as a result of having witnessed or experienced a traumatic event. Grantees can include psychiatric hospitals, general hospitals, outpatient mental health clinics, and community and university-based mental health programs. With respect to grants for knowledge development, preference should be given to applicants with experience in the field of trauma related mental disorders in children and youth. Within the total provided, $2,000,000 is to support professional training in restraints and seclusion in residential and day treatment centers for children and youth. This training initiative will support grants to non-profit and public entities for the purpose of developing and demonstrating the effectiveness of a best-practices training model to avoid the inappropriate use of restraints and seclusion. The conferees are supportive of efforts to develop a model training demonstration project to help eliminate deaths and injuries that occur in mental health facilities due to the inappropriate use of seclusion and restraints. Such a model training program should emphasize conflict resolution and de- escalation. Within the total provided, an increase of $2,000,000 is to provide additional support for minority fellowships in mental health. Within the total provided, $7,000,000 is for the treatment of mental health disorders related to HIV disease including: dementia, clinical depression and the chronic, progressive neurological disabilities that often accompany HIV disease. These direct services grants provided to minority community- based providers that operate in traditional and non- traditional settings are designed to strengthen their capacity to provide HIV related mental health services. Funds are included to provide grants to local communities to improve mental health screening and referrals in non- mental health settings and continue support for jail diversion programs for non-violent mentally ill offenders. It is intended that funds used to make grants to States for the purpose of developing data infrastructure will be used for mental health only. The conferees include the following amounts for the following projects and activities in fiscal year 2001: --$83,000 for the Hope Center in Lexington, Kentucky; --$85,000 for Steinway Child and Family Services, Inc. in Queens, New York for HIV/AIDS prevention; --$100,000 for the American Trauma Society to support its Second Trauma Program which helps train trauma system health care professionals to assist individuals facing the shock of an unexpected death or critical injury to their family members. [[Page H12139]] --$200,000 for the Concord-Assabet Family Services Center for a model transitional living program for troubled youth; --$325,000 for Preschool Anger Management, Family Communications; --$500,000 for the Life Quest Community Mental Health Center in Wasilla, Alaska; --$680,000 for Pacific Clinics in Arcadia, California, to support a school-based mental health demonstration program for Latina adolescents in partnership with community groups, mental health agencies, local governments and school systems in Southeast Los Angeles county; --$803,000 for the Bert Nash Community Mental Health Center in Lawrence, Kansas, to provide mental health services in schools and other settings to prevent juvenile crime and substance abuse among high-risk youth; --$800,000 for the Alaska Federation of Natives for innovative homeless mental health services in Alaska; --$850,000 for the Iowa State University Extension to develop a program which would provide outreach, training, and counseling services in rural areas; --$921,000 for the United Power for Action and Justice demonstration project in Chicagoland area to end the cycle of homelessness; --$921,000 for a mentally ill offender crime reduction demonstration in Ventura County, California to create the building blocks for a continuum of care for mentally ill offenders who enter the jail system in the county; --$850,000 for the University of Connecticut for an urban health initiative to improve mental health services to underserved high-risk individuals living in urban public housing; --$1,007,000 for the University of Florida National Rural Behavioral Health Center to train extension agents in crisis intervention and stress management to better equip them to deal with emotional and stress related problems; --$1,500,000 for the Ch'eghutsen program in interior Alaska; and --$1,300,000 for the Alaska Federation of Natives to use integrated community care to treat native Alaska children with mental health disorders. Center for Substance Abuse Treatment The conference agreement includes $1,665,000,000 for the substance abuse block grant instead of $1,631,000,000 as proposed by both the House and the Senate. The conference agreement includes $256,315,000 for programs of regional and national significance instead of $213,716,000 as proposed by the House and $249,566,000 as proposed by the Senate. Within the total provided, $10,000,000 is to initiate grants to local non-profit and public entities for the purpose of developing and expanding substance abuse services for homeless persons. The agreement includes $53,000,000 designed to provide targeted service expansion and capacity building to minority, community-based substance abuse treatment programs with a history of providing services to communities of color severely impacted by substance abuse and HIV/AIDS. The correlation between addiction and HIV/AIDS is well documented. Injection drug use alone still accounts for more than 20 percent of the primary HIV infection risk for African American and Latino adults. These funds are to be allocated based on program priorities identified in the previous fiscal year and new priorities. Funds are also included to enhance state and county efforts to plan and develop integrated substance abuse and HIV/AIDS treatment and prevention services to communities of color. The conferees are supportive of the efforts of the Sunshine Shelter for abused and neglected children in Natchez, Mississippi in treating chemically dependent women and their children and note that additional resources would allow the Shelter to expand its outreach efforts. The conferees include the following amounts for the following projects and activities in fiscal year 2001: --$100,000 for the Vermont Department of Health Office of Alcohol and Drug Abuse Prevention to examine adolescent residential treatment programs; --$106,000 for Center Point, Inc., in Marin County, California, to continue support for substance abuse and related services for minority, homeless and other at risk populations; --$200,000 for Green Door in Washington, D.C. to treat minority consumers with substance abuse problems and mental health issues; --$250,000 for the Allegheny County Drug and Alcohol Rehabilitation Program; --$500,000 for the Cook Inlet Council on Alcohol and Drug Abuse Treatment; --$500,000 for the House of Mercy in Des Moines, Iowa to support treatment programs for pregnant and post-partum women; --$500,000 for the State of Wyoming to carry out an innovative substance abuse prevention and treatment program; --$425,000 for Humboldt County, California, to support residential substance abuse and related services for women who have children; --$608,000 for the Hope Center in Lexington, Kentucky; --$645,000 for the Grove Counseling Center in Winter Springs, Florida for a demonstration project of effective youth substance abuse treatment methods; --$750,000 for the Fairbanks LifeGivers Pregnant and Parenting Teens program; --$900,000 for the Alaska Federation of Natives to identify best substance abuse treatment practices; --$1,105,000 for the City of San Francisco's model ``Treatment on Demand'' program for the homeless; and --$2,210,000 for the Baltimore City Health Department to use innovative methods to enhance drug treatment services. Center for Substance Abuse Prevention The conference agreement includes $175,145,000 for programs of regional and national significance instead of $132,742,000 as proposed by the House and $127,824,000 as proposed by the Senate. Within the total provided, it is intended that high- risk youth grants will at least be maintained at last year's level. The agreement includes $32,100,000 for grants to minority community based organizations to implement programs that strengthen substance abuse prevention capacity in communities of color disproportionately impacted by the HIV/AIDS epidemic, based on the most recent estimated living AIDS cases, HIV infections and AIDS mortality among ethnic and racial minorities as reported by the CDC. The conferees include the following amounts for the following projects and activities in fiscal year 2001: --$85,000 for the City of Alexandria, Virginia, substance abuse prevention demonstration program for high-risk Latino youth; --$213,000 for the Rock Island County Council on Addiction in East Moline, Illinois, for a youth substance abuse prevention program; and --$500,000 for the Drug-free Families Initiative at the University of Missouri, St. Louis. The conferees have included sufficient funds to continue the pregnant and post-partum substance abuse prevention evaluations for both the Community Prevention Parnership of Berks County, Inc. and the Family Planning Council of Pennsylvania Program Management The conference agreement includes $79,221,000 for program management instead of $58,870,000 as proposed by the House and $59,943,000 as proposed by the Senate. Within the total provided, $12,000,000 is for the National Household Drug Survey. The conferees include $3,278,000 in fiscal year 2001 to continue testing the effectiveness of Community Assessment and Intervention Centers in providing integrated mental health and substance abuse services to troubled and at-risk children and youth, and their families in four Florida communities. Building upon successful juvenile programs, this effort responds directly to nationwide concerns about youth violence, substance abuse, declining levels of service availability and the inability of certain communities to respond to the needs of their youth in a coordinated manner. The total provided includes, $2,000,000 for mental health special projects of regional and national significance; $1,000,000 for substance abuse treatment special projects of regional and national significance; $500,000 for substance abuse prevention special projects of regional and national significance; and $200,000 for program management. The agreement includes a general provision proposed by the Senate regarding the withholding of substance abuse funds. The House bill contained no similar provision. The Synar amendment was included as part of the SAMHSA reorganization bill in 1992. The amendment and its implementing regulation required States to reduce sales of tobacco to minors within a negotiated period of time and if a State fails to meet its goals, reduced its substance abuse prevention and treatment block grant funding by 40 percent. The conferees are extremely concerned that several States, after at least four years, are not in compliance with the law and continue to seek an exemption to the penalty requirement. It is the conferees intention that this will be the last year exemption language will be carried in an appropriations bill. SAMHSA is directed to notify States of this intention and work with the affected States to help them come into compliance. Agency for Healthcare Research and Quality Healthcare Research and Quality The conference agreement includes $104,963,000 in appropriated funds instead of $123,669,000 as proposed by the House. The Senate bill did not provide a direct appropriation for the agency, instead it proposed to fund the agency through the evaluation set-aside. The conference agreement designates $164,980,000 to be available to the agency under the Public Health Service Act one percent evaluation set-aside as proposed by the House instead of $269,943,000 as proposed by the Senate. The conferees are troubled by the recent Institute of Medicine study which found that as many as 98,000 deaths are caused by medical errors each year. The conferees have provided an additional $50,000,000 to the agency to determine ways to reduce medical errors. The conferees are supportive of a study to determine the impact of extended work hours for registered nurses on patient safety. The agreement includes $10,000,000 for research that investigates the relationship between the health care workplace and its impact on medical errors and the quality of care provided to patients. Efforts to restructure the health care workplace, often in response to pressures to reduce costs, suggest [[Page H12140]] that work environment and processes have had an impact on health and quality of workers' lives as well as the patients for whom they care. As we have learned from the experience of the aviation industry, reducing errors and promoting safety are a result of improving workforce systems. Likewise, it is important that workforce considerations be integrated into efforts to reduce medical errors and promote patient safety. The conferees believe that better understanding of these workforce considerations will lead to improved workplace practices and better outcomes for patients. The conferees support the efforts of the Agency for Healthcare Research and Quality, the National Institute for Occupational Safety and Health, the Department of Labor, and other agencies to work jointly and coordinate their work to improve healthcare quality, patient safety, and worker safety in health care facilities, through such activities as the October 2000 jointly sponsored conference on ``Enhancing Working Conditions and Patient Safety: Best Practices.'' The conferees urge that such coordinated efforts be continued. The conferees strongly urge the agency to enhance its investigator-initiated research funding through all available mechanisms, as appropriate. Health Care Financing Administration Program Management The conference agreement includes $2,246,326,000 for program management instead of $1,866,302,000 as proposed by the House and $2,018,500,000 as proposed by the Senate. The House bill assumed that the Administration's user fee proposal would be enacted prior to conference. An additional appropriation of $680,000,000 has been provided for the Medicare Integrity Program through the Health Insurance Portability and Accountability Act of 1996. The conferees repeat language included in last year's bill related to administrative fees collected relative to Medicare overpayment recovery activities. Research, Demonstration, and Evaluation The conference agreement includes $139,311,000 for research, demonstration, and evaluation instead of $55,000,000 as proposed by the House and $65,000,000 as proposed by the Senate. The agreement includes $50,000,000 for Real Choice Systems Change Grants to states to fund initiatives that establish specific action steps and timetables to achieve enduring system improvements and to provide long term services and supports, including community-based attendant care, to eligible individuals in the most integrated setting appropriate. Grant applications should be developed jointly by the State and the Consumer Task Force. The Task Force should be composed of individuals with disabilities from diverse backgrounds, representatives from organizations that provide services to individuals with disabilities, consumers of long-term services and supports, and those who advocate on behalf of such individuals. Grant-funded activities should focus on areas of need as determined by the State and the Task Force such as needs assessment and data gathering, strategies to modify policies that unnecessarily bias provision of long term care services to institutional settings or to health care professionals, and training and technical assistance. The agreement includes bill language for the following projects and activities for fiscal year 2001: --$300,000 for the United States-Mexico Border Counties Coalition for a study to determine the unreimbursed costs incurred to treat undocumented aliens for medical emergencies in southwest border States, their border counties, and hospitals within the jurisdiction of these States and counties; --$255,000 for the LA Care Health Plan in Los Angeles, California for a demonstration program to improve clinical data coordination among Medicaid providers; --$350,000 for the Cook County, Illinois Bureau of Health for the Asthma Champion Initiative demonstration to reduce morbidity and mortality from asthma in high prevalence areas; --$500,000 to the University of Pittsburgh Medical Center and University of Pennsylvania for a study of the efficacy of surgical versus non-surgical management of abdominal aneurysms; --$691,000 for a Medicare demonstration project at Ohio State University to determine the benefits of compliance packaging; --$650,000 for the Vascular Surgery Outcomes Initiative at Dartmouth College; --$646,000 for Shelby County Regional Medical Center to establish a Master Patient Index to determine patient Medicaid/TennCare eligibility; --$855,000 for the Children's Hospice International demonstration program to provide a continuum of care for children with life-threatening conditions and their families; --$921,000 for Equip for Equality for a demonstration project to document the impact of an independent investigative unit that will examine deaths or other serious allegations of abuse or neglect of people with disabilities at facilities in Illinois; --$1,000,000 for the West Virginia University School of Medicine's Eye Center to test interventions and improve the quality of life for individuals with low vision; --$1,000,000 for Duke University Medical Center to demonstrate the potential savings in the Medicare program of a reimbursement system based on preventative care. --$1,000,000 for the Iowa Department of Public Health for the establishment and operation of a mercantile prescription drug purchasing cooperative or non-profit corporation demonstration; --$1,843,000 for the Buck's County Health Improvement Project in Pennsylvania; --$1,700,000 for the AIDS Healthcare Foundation in Los Angeles for a demonstration of residential and outpatient treatment facilities; --$2,800,000 for the Mind-Body Institute of Boston, Massachusetts to conduct a demonstration of a lifestyle modification program; --$1,800,000 for a joint project between the University of Pittsburgh, Case Western Reserve in Cleveland, Ohio, and Mt. Sinai Hospital in Miami, Florida, to use integrated nursing services and technology to implement daily monitoring of congestive heart failure patients in underserved populations in accordance with established clinical guidelines; and --$20,000,000 to continue demonstration projects on Medicaid coverage of community-based attendant care services for people with disabilities. HCFA is urged to conduct a demonstration project addressing the extraordinary adverse health status of native Hawaiians at the Waimanalo health center exploring the use of preventive and indigenous health care expertise. HCFA is urged to work with the United States Renal Data System (USRDS) to test potential savings to the Federal government and to the Medicare program by comparing actual Medicare/Medicaid spending for end stage renal disease (ESRD) patients currently on daily hemodialysis with actual Medicare/Medicaid spending for ESRD patients on other treatment modalities, such as peritoneal dialysis and in- center hemodialysis whose demographic and other characteristics match those of the daily hemodialysis patients in 9 to 12 existing programs in the U.S. Such a study should compare spending related to patient dialysis and training, medications, vascular access, ambulance transportation, physician and outpatient medical expenses not related to dialysis, hospitalizations, and other medical services, such as skilled nursing facilities or home health care and any other spending for which data is available to the USRDS. HCFA is encouraged to utilize edit check software programs to scrub electronic data files prior to processing by the respective State agency and/or fiscal intermediary. The identification of errors and omissions prior to submission can provide dramatic improvement in the financial condition of many providers who are experiencing large losses of revenue. The conferees are concerned that HCFA has not instituted a demonstration project to test the potential savings to the Federal government and to the Medicare program by comparing different products used for diabetic wound care treatment as referenced in last year's conference agreement. Such a demonstration should compare the aggregate costs of wound care treatment using different applications regimens. The conferees urge HCFA to proceed with this demonstration project utilizing existing research funds. The conferees are aware that the Health Passport pilot program is helping thousands of low-income families in Nevada, Wyoming and North Dakota and urges HCFA to give full and fair consideration to a proposal to continue the program. The conferees have become increasingly concerned that many people with the most severe disabilities often experience a lack of quality in community residential and treatment services that can result in dangerous or unhealthful conditions. The conferees believe that such services should be monitored by an entity that has the expertise and legal authority necessary to ensure the safety and general well- being of this population. Accordingly, the conferees urge HCFA to support the protection and advocacy system to demonstrate the efficacy of such community monitoring. Medicare Contractors The conference agreement includes $1,357,000,000 for Medicare contractors instead of $1,165,287,000 as proposed by the House and $1,244,000,000 as proposed by the Senate. Of this amount, $1,305,000,000 is to support Medicare claims processing contracts and $52,000,000 is for Medicare+Choice information campaign. State Survey and Certification The conference agreement includes $244,147,000 for State survey and certification instead of $171,147,000 as proposed by the House and $219,674,000 as proposed by the Senate. The agreement includes an increase of $10,000,000 over the President's request for nursing home oversight and quality of care services. Federal Administration The conference agreement includes $505,868,000 for Federal administration instead of $474,868,000 as proposed by the House and $489,826,000 as proposed by the Senate. The conferees urge HCFA to give careful consideration to concerns that substance abuse (alcohol and drug) treatment facilities may not have been intended to be considered institutions for mental diseases exclusion under Medicaid since these facilities were not common when the exclusion policy was implemented. The conferees are aware that restricting Medicaid medical assistance to [[Page H12141]] residential substance abuse treatment facilities with 16 or fewer adult treatment beds places an undue burden on the publicly funded substance abuse treatment and prevention infrastructure. The conferees concur with Senate report language urging HCFA to act more expeditiously to approve new medical technologies, including PET scans, for Medicare patients so that seniors will have access to the latest life-saving technologies and treatments. The conferees understand that HCFA regulations require States to provide documentation and justification before making changes in Medicaid reimbursements. The conferees are concerned that several State Medicaid agencies are currently paying or proposing to pay chain-operated pharmacies lower reimbursement rates than other pharmacies for providing the same prescription products and related services without providing the required justification. The conferees expect HCFA to enforce current regulations when reviewing and approving State submissions. The conferees also believe that the implementation of a different system for Medicaid reimbursements of pharmaceuticals should be addressed by the authorizing committees of jurisdiction. The Administrator should be prepared to testify on the status of this issue at the fiscal year 2002 appropriations hearing. HCFA has proposed guidelines regarding the administrative claims process for schools requesting reimbursement for Medicaid related services. The conferees are concerned that these guidelines are being developed without adequate input from interested parties and will significantly alter the administrative claiming program making it more difficult for schools to provide services to poor and disabled children. HCFA is expected to consult with school practitioners and other groups to draft guidance for Medicaid allowable costs under the administrative claiming section of the School Based Services program. HCFA is also urged to process pending State applications and to continue to review reimbursement procedures until new guidelines are published. The Administrator should be prepared to testify on this issue at the fiscal year 2002 appropriations hearing. Administration for Children and Families payments to states for child support enforcement and family support programs The conference agreement includes $2,441,800,000 for payments to states for child support enforcement and family support programs instead of $2,473,800,000 as proposed by the House and $2,473,880,000 as proposed by the Senate. The conferees provide extended availability of funds as proposed by the Senate. The House bill proposed no extended availability. low income home energy assistance The conference agreement includes an additional $300,000,000 in fiscal year 2001 funding for the Low Income Home Energy Assistance program. When combined with the $1,100,000,000 already appropriated for fiscal year 2001 and the $300,000,000 in emergency funding, a total of $1,700,000,000 is available to support this program in fiscal year 2001. The agreement includes up to $27,500,000 for the leveraging incentive fund within these totals. The conferees are aware that average home heating fuel prices have doubled in the past year, and in some areas are up five-fold, while at the same time many states are expected to experience extremely cold winter. The conferees are deeply concerned that this will force steep reductions in the relative percentage of home heating cost that LIHEAP provides to low-income households. The conferees have provided a $300,000,000 increase in the regular appropriation for fiscal year 2001 to reduce the adverse impact of these fuel price spikes. The conference agreement does not include advance funding for fiscal year 2002 for LIHEAP as proposed by the Senate. The House bill proposed $1,100,000,000 for fiscal year 2002. The conferees are aware that advance funding for LIHEAP was authorized by Congress in 1990 to respond to the States' need to budget and plan their LIHEAP programs in advance of the fall/winter heating season. States are required by statute to hold public hearings in the spring and summer on their proposed LIHEAP programs to determine eligibility levels, establish the size of household benefits, and establish parameters of crisis programs. Consequently, States must be able to reliably predict the LIHEAP appropriation that normally becomes available at the very beginning of the heating season, but which is often delayed due to late enactment of appropriations bills. As noted in the Senate Report 101-421 accompanying the Human Services Reauthorization Act of 1990, ``Forward funding will allow states to identify clients, provide assistance, and put them on responsible budget payment-plans in the summer or fall to avoid the development of life-threatening situations.'' Although advance funding is not included in this bill, the conferees fully intend to provide at least $1,400,000,000 in regular LIHEAP appropriations and $300,000,000 in emergency funds in fiscal year 2002. refugee and entrant assistance The conference agreement includes $433,109,000 for refugee and entrant assistance as proposed by the House instead of $425,586,000 as proposed by the Senate. Within this amount, for the Torture Victims Relief Act funds, the conferees provide $10,000,000 as proposed by the House instead of $7,265,000 as proposed by the Senate. Within this amount, the conferees provide funding to implement the Trafficking Victims Protection Act of 2000, which will support efforts to certify eligibility for benefits and services for trafficking victims. The agreement includes $20,000,000 from carryover funds that are to be used under social services to increase educational support to schools with a significant proportion of refugee children and for the development of alternative cash assistance programs that involve case management approaches to improve resettlement outcomes. Such support should include intensive English language training and cultural assimilation programs. The agreement also includes $26,000,000 for increased support to communities with large concentrations of refugees whose cultural differences make assimilation especially difficult justifying a more intense level and longer duration of Federal assistance. payments to states for the child care and development block grant The conference agreement includes an additional $817,328,000 for child care services, together with the $1,182,672,000 provided as an advance appropriation in last year's bill, raising the funding level for this program to $2,000,000,000 for fiscal year 2001. The agreement does not provide for an advance appropriation for fiscal year 2002 as proposed by the Senate; however, the conferees intend that funding for the child care block grant be at least that level in fiscal year 2002. The House bill proposed advance funding of $2,000,000,000 for fiscal year 2002. The agreement also includes language specifying that funds under the Child Care and Development Block Grant are to be used to supplement, not to supplant, state and local child care funds. The agreement also sets aside an additional $272,672,000 from fiscal year 2001 to be reserved by the States for activities authorized under section 658G, of which $100,000,000 shall be for activities that improve the quality of infant and toddler child care. The House bill set aside $172,672,000 for additional quality purposes in fiscal year 2002. The Senate bill set aside $222,672,000 for additional quality activities, of which $100,000,000 was to be used for infant and toddler care, in fiscal year 2001. The agreement also sets aside $10,000,000 to be used for child care research, demonstration and evaluation activities. Neither the House nor the Senate contained this provision. Within the funds provided for child care resources and referrals, the agreement also includes $1,000,000 for the Child-Care Aware toll-free hotline. social services block grant The conference agreement includes $1,725,000,000 for the social services block grant instead of $1,700,000,000 as proposed by the House and $600,000,000 as proposed by the Senate. The conference agreement includes a provision which maintains the percentage of funds that a state may transfer between the Social Services Block Grant and the Temporary Assistance to Needy Families Programs at 10 percent. children and families services programs (including rescissions) The conference agreement includes $7,956,345,000 for children and families services programs instead of $7,231,253,000 as proposed by the House and $7,895,723,000 as proposed by the Senate. In addition, the agreement rescinds $21,000,000 from permanent appropriations as proposed by both the House and the Senate. Head Start The conference agreement includes $6,200,000,000 for Head Start instead of $5,667,000,000 as proposed by the House and $6,267,000,000 as proposed by the Senate. The agreement includes an advance appropriation of $1,400,000,000 for Head Start for fiscal year 2002 as proposed by both the House and the Senate. The conferees are concerned that while fifty percent of children eligible for the regular Head Start program receive services, only about ten percent of children of farmworkers are served by Migrant Head Start. Therefore, the conferees encourage the Secretary to increase funding for Migrant and Seasonal Head Start in proportion to the overall funding increase for Head Start. The conferees also urge the agency to ensure that all children participating in the Early Head Start program receive a blood lead screening test. The conferees urge the agency to provide funds to the Alaska Federation of Natives to train Head Start teachers in remote Alaska villages. The conferees also encourage the agency to provide funds to the University of Alaska to provide distance training for Head Start teachers through Associate Degree programs. Runaway Youth The conference agreement includes $69,155,000 for runaway youth as proposed by the Senate instead of $64,155,000 as proposed by the House. The agreement allocates funds for the runaway and homeless youth programs following the structure of P.L. 106-71, the Missing, Exploited, and Runaway Children Protection Act, which consolidates the programs into a single funding stream. Adoption Incentive The conference agreement includes $43,000,000 for the adoption incentive program as proposed by the House instead of $55,928,000 as proposed by the Senate. The agreement also includes language that will allow funds under this program to be carried over for use in paying prior year bonuses. [[Page H12142]] Social Services and Income Maintenance Research The conference agreement includes $37,666,000 for social services and income maintenance research instead of $27,491,000 as proposed by both the House and the Senate. Of this total, the conferees intend that $5,000,000 be transferred to the Census Bureau for continued data collection on the Survey of Income and Program Participation. The conferees also provide sufficient funding for the following: --$500,000 for the National Fatherhood Initiative --$500,000 for the Institute for Responsible Fatherhood --$1,000,000 for the State Information Technology Consortium --$175,000 for the Nation Center for Appropriate Technology's information technology clearinghouse The conferees also include $500,000 within Social Services and Income Maintenance Research to support adding LIHEAP related questions to the Residential Energy Consumption Survey (RECS) conducted by the Department of Energy and to the Census Bureau's March current population survey to assure that the low-income household component is included in the surveys, and the conferees urge the expansion of the RECS sample size to target LIHEAP recipients. The conferees have also included $2,500,000 for grants to qualified private, non-profit intermediaries to demonstrate the provision of technical assistance to child care providers to improve the quality and supply of child care facilities in low income communities and to document the changes. Community Services Block Grant The conference agreement includes $600,000,000 for the community services block grant instead of $550,000,000 as proposed by the Senate and $527,700,000 as proposed by the House. The conferees expect that all local entities that are in good standing in the community services block grant program shall receive an increase in funding for the next program year that is proportionate to the overall increase in the appropriation provided for the block grant. The agreement includes language proposed by the Senate that requires the Department to establish certain procedures regarding the disposition of intangible property in the community economic development program under the Community Services Block Grant Act. The House bill contained no similar provision. The conferees also set aside $5,500,000 within the community economic development program for the job creation demonstration authorized under the Family Support Act. Within the funds provided for child abuse prevention programs, the agreement includes the following items: $737,000 University of North Carolina, Greensboro, NC for Violence Abuse Prevention and Education for Deaf and Hard of Hearing Children and their Caretakers; $1,382,000 Public Children Services Association of Ohio, Columbus, OH for child abuse prevention activities; $46,000 New Directions Housing Corp., Louisville, KY for the Homeless Youth Development Program; $230,000 Neighbor to Family, Des Plaines, IL for foster care training program; $524,000 Robert A. Pascal Youth and Family Services Inc., Severna Park, Maryland for the Healthy Families program; $1,773,000 Foster Parents Association, Spokane, WA for the Foster Family Support System; $230,000 Dave Thomas Center for Adoption Law at Capital University Law School, Columbus OH for development of an adoption law online database; $75,000 Operation Breakthrough in Kansas City; $400,000 Parent-to-Parent of Winooski, Vermont; $200,000 Family Friends for respite services for families with disabled children; $900,000 Alaska Native Health Board Child abuse prevention program; $2,500,000 early childhood services- Alaska Seed program; $2,500,000 to continue the Healthy Families Home Visiting Program in Alaska; $550,000 Early Childhood Development Center at Texas Tech University; $900,000 Celeste Foundation for a pilot program to bring in-home professional services via video and audio to disruptive at-risk children in foster home placements; $600,000 Farm Resource Center in West Virginia to provide a mechanism of early intervention for rural families in crisis; $100,000 Phoenix House Domestic Violence Center in Council Bluffs, Iowa; $1,562,000 Indian Oaks Academy in Manteno, IL for a demonstration project serving children and adolescents who are victims of child abuse; $500,000 Strengthen Our Sisters in West Milford, New Jersey to expand services. Within the funds provided for developmental disabilities, special projects $200,000 is included for the Allegheny County Respite Care Coalition to provide respite services for parents with disabled children. Within the funds provided for Native American programs, the agreement includes the following: --$700,000 for the Cook Inlet Tribal Council; --$300,000 for Kawerak, Inc. --$500,000 for the Alaska Federation of Natives to coordinate social service resources in native villages: --$100,000 for the South Dakota Native American Community Board to establish a Dakota language preservation program. The conferees support the idea that a national adoption website could include all youngsters available for adoption and will increase the likelihood that children will find loving, stable homes. The conferees recognize that the National Adoption Center has been at the forefront of developing technology-based resources to facilitate adoptions and is uniquely situated to create a single, national adoption website. The conferees have included sufficient funds for the National Adoption Center to continue to develop and sustain a national adoption photo listing service on the Internet. payments to states for foster care and adoption assistance The conference agreement includes $4,863,100,000 for payments to states for foster care and adoption assistance as proposed by the House instead of $4,868,100,000 as proposed by the Senate. Administration on Aging aging services programs The conference agreement includes $1,103,135,000 for aging services programs instead of $925,805,000 as proposed by the House and $954,619,000 as proposed by the Senate. The conferees include $125,000,000 to provide critically needed services for family caregivers under title III E and title VI C of the Older Americans Act as amended. The conferees intend that $5,000,000 of these funds be dedicated for Native American caregivers. According to the Administration on Aging, over seven million Americans are providing care for disabled seniors in households across the nation. Funds will be provided to states to use their aging networks to provide quality respite care and other support services such as information on available resources; assistance with locating services; and caregiver training, counseling and support. Such services improve the caregiver's ability to provide care, help preserve the family unit, prevent abuse and neglect, and minimize out-of-home placements. Caregiver support services also delay nursing home stays among care recipients. The conferees intend that $5,000,000 be made available from preventive health services for activities regarding medication management, screening, and education to prevent incorrect medication and adverse drug reactions. The agreement includes the following amounts under aging research and training: $961,000 Texas Tech University Health Sciences Center, Lubbock, TX for the Institute for Healthy Aging; $691,000 Florida International University, Miami, FL, National Policy and Research Center on Nutrition and Aging for ``Nutrition 2030'' program; $2,000 Bay Ridge Center for Older Adults, Brooklyn, NY for a demonstration program; $3,000 Staten Island Community Services Friendship Clubs, Inc., Staten Island, NY for a demonstration program in senior centers; $921,000 Mecklenburg County Department of Social Services, Services for Adults Division in Charlotte, NC for Nutrition 2000 program; $461,000 Metropolitan Family Services, Chicago, IL for a community based caregiver training program; $369,000 Ocean County New Jersey, Office of Senior Services for a demonstration program; $369,000 Burlington County New Jersey, Office on Aging for a demonstration program; $184,000 Camden County New Jersey, Division of Senior Services for a demonstration program; $427,000 Florida Atlantic University, Boca Raton, FL for Anne and Louis Green Alzheimer's Care and Research Center; $886,000 St. Petersburg Junior College in FL for Services for Caregivers of Seniors program; $250,000 Access Community Health Network's Senior Outreach Program; $1,400,000 Deaconess-Billings Northwest Area Center for Studies on Aging; $100,000 An elderly meals demonstration program at Progresso Latino in Central Falls, Rhode Island; $100,000 The Senior Fitness and Wellness Program in East Providence; $100,000 Southwest General Health Center Gatekeeper Program; $100,000 An additional $100,000 for the National Asian Pacific Center on Aging; $344,000 Northwest Parkinson's Foundation; $400,000 Champlain Valley Area Agency on Aging mental health project; $500,000 Albert Einstein Life Center in Germantown; $3,685,000 Social research into Alzheimer's disease care options, best practices and other Alzheimer's research priorities as specified in the House report; $100,000 Champlain Senior Center for adult day programming and a technology initiative; $200,000 Brandeis University Center on Women and Aging to conduct research on caregiving, health and financial security among seniors; $64,000 LIFESPAN of Greater Rochester, Inc., New York, to enhance a life course planning initiative to help older adults make informed choices to prepare for retirement; $85,000 San Luis Obispo Medical Society in California for volunteers in health to support a demonstration program to provide prescription drugs for low income, uninsured seniors; [[Page H12143]] $120,000 Marathon County, Wisconsin to continue an initiative to provide respite care services; $170,000 Walk the Walk, Inc, in Long Island City, New York for Mary's House, an elder abuse center in Glendale, New York; $425,000 St. Louis County, Missouri for a seniors job training demonstration program; $468,000 National Association of Home Builders, National Center for Seniors' Housing Research, for a project to improve safety and access for senior housing; $510,000 The University of Akron College of Nursing, Akron, Ohio, to develop best practices in gerontological training, research and instruction; $723,000 Ivy Tech State College in Sellersburg, Indiana, for a seniors technology learning program; $935,000 Landmark Medical Center in Woonsocket, Rhode Island to support the Positive Aging Project to develop and implement model family-centered approaches to address the needs of the elderly; $1,000,000 West Virginia University Center on Aging to conduct follow-up work to the Year 2000 Conference on Rural Aging; $425,000 City of Compton, California for an elderly assistance demonstration program to support and evaluate a community approach to providing services to low income senior; $900,000 Donald Reynolds Aging Center at the University of Arkansas Medical School. Within the funds provided for state and local innovations/ projects of national significance, the conferees intend that funds be used for ongoing projects scheduled for refunding in fiscal year 2001. Office of the Secretary general departmental management The conference agreement includes $291,075,000 for general departmental management instead of $262,631,000 as proposed by the House and $260,117,000 as proposed by the Senate. Within the total provided, $50,000,000 is for minority HIV/ AIDS activities that strengthen the medical treatment and HIV prevention capacity within communities of color disproportionately impacted by the HIV/AIDS epidemic, based on rates of new HIV infection and mortality from AIDS. These funds are available to entities that target a specific minority group or multi-ethnic minority populations that are heavily impacted by HIV/AIDS, and are to complement existing and planned HIV/AIDS activities in communities of color. The agreement also includes bill language that requires the Secretary to submit an operating plan prior to the obligation of these funds. Within the total provided, $2,000,000 is for the United States-Mexico Border Health Commission. The conferees request the Secretary to provide the House and Senate Committees on Appropriations with a complete history of the activities and expenses of the Commission. Also within the total provided, $400,000 is to continue the Surgeon General's violence initiative and $400,000 is for a study on the feasibility of tribe compacting for the operation of Departmental programs. The agreement provides $24,327,000 for the adolescent family life program as proposed by the House instead of $19,327,000 as proposed by the Senate. The agreement includes bill language earmarking $10,377,000 under the adolescent family life program for activities specified under section 2003(b)(2) of the Public Health Service Act, of which $10,157,000 shall be for prevention grants under section 510(b)(2) of Title V of the Social Security Act, without application of the limitation of section 2010(c) of Title XX of the Public Health Service Act. The conferees intend that this set-aside is only for continuation costs of ongoing projects. The agreement provides $49,019,000 for minority health instead of $38,638,000 as proposed by the House and $37,638,000 as proposed by the Senate. Within this total, $9,700,000 is to address the capacity and infrastructure deficiencies within minority community based organizations in rural and historically underserved urban communities, of which $6,600,000 is for the Technical Assistance/Capacity Development Grant Program to fund existing grants in rural and historically underserved urban communities hardest hit by HIV/AIDS; $500,000 is for continuation funding to the Bi- Cultural and Bilingual Demonstration Program; and $2,600,000 is to support existing grants through the Minority Health Coalition program, designed to promote early intervention HIV care in minority communities and to improve the health outcomes of people of color living with HIV disease. Also included is an increase of $1,000,000 for the Office of Minority Health's Center for Linguistics and Cultural Competence in Health Care. The agreement provides $17,270,000 for the office of women's health instead of $16,495,000 as proposed by the House and $16,895,000 as proposed by the Senate. The conferees urge the office to provide funds to the National Osteoporosis Foundation to support its complementary adolescent bone health initiative. The agreement provides $11,668,000 for the office of emergency preparedness instead of $9,668,000 as proposed by both the House and Senate. The conferees include the following amounts for the following projects and activities in fiscal year 2001: --$50,000 for public service announcements regarding abstinence education for the County of Bucks' Department of Health in Doylestown, Pennsylvania; --$298,000 in the Office of Minority Health for the University of Maryland, Baltimore, in partnership with the Community Lead Education and Reduction Corps to prevent lead poisoning among low income and minority children; --$375,000 in the Office of Women's Health for Spelman College's African-American Women's Health and Wellness Project; --$383,000 in the Office of Minority Health for the Trinity Health Systems, Detroit, Michigan, to provide health care and preventive health services for underserved minority populations and low income individuals; --$500,000 to fund, through a contract with the National Academy of Sciences, an evaluation on children's health. This evaluation should assess the adequacy of currently available methods for assessing risks to children, identify scientific uncertainties associated with these methods, and develop a prioritized research agenda to reduce such uncertainties and improve risk assessment for children's health and safety; --$500,000 for the Thomas Jefferson University Hospital (TJUH) in Philadelphia, Pennsylvania, to continue development of its Center for Integrative Medicine, a program combining conventional medical science with promising alternative therapies; --$461,000 for the Glaucoma Caucus Foundation to provide glaucoma screening and outreach activities; --$650,000 in the Office of Minority Health for the University of Pennsylvania School of Dentistry to develop a Minority Oral Health Outreach program; --$638,000 for ARCH National Resource Center on Respite and Crisis Services in Chapel Hill, North Carolina, to expand training, technical assistance, evaluation and networking expertise in respite care; --$750,000 for the Community Transportation Association of America to provide technical assistance; --$680,000 in the Office of Minority Health for the Donald R. Watkins Memorial Foundation in Houston, Texas, to enhance care for African Americans and low income individuals with HIV/AIDS by coordinating services and expanding outreach efforts; --$765,000 in the Office of Minority Health for the Alameda County Medical Center in California for an initiative to reduce health disparities among uninsured, minority populations; --$850,000 in the Office of Minority Health for the Henry Ford Health System in Detroit, Michigan, to address the burden of chronic disease among African Americans through a network of partnerships with community organizations; --$850,000 in the Office of Minority Health for the CORE Center at Cook County Hospital in Chicago, Illinois, for a Community and Minority Education and Training Initiative for HIV/AIDS; --$935,000 in the Office of Minority Health for the Sumter Family Health Care Center, Sumter, South Carolina to support an innovative service delivery effort to provide health care to individuals with disadvantaged backgrounds, including minority populations; --$1,105,000 in the Office of Minority Health for the San Francisco Department of Public Health to provide HIV care and related services with an emphasis on providing care for women and minorities; --$1,165,000 in the Office of Minority Health for the Fresno Community Hospital and Medical Center in California for diabetes care and outreach for Hispanic Americans and low-income individuals; and --$1,700,000 in the Office of Minority Health for the National Council of La Raza for minority health research and outreach. --$150,000 for the Briarpatch Transitional Living Program in Madison, Wisconsin, to provide housing and support services to homeless teens. It is understood that the screening of blood and blood products could be improved through the use of nucleic acid testing (NAT) to better detect known infectious diseases such as Human Immunodeficiency Virus (HIV-1) and Hepatitis C virus (HCV). The National Heart, Lung and Blood Institute in the National Institutes of Health has contracted with private companies to develop fully automated NAT tests for HIV-1 and HCV. In view of the NIH's financial commitment to NAT and the approval of NAT in other countries, the Public Health Service Blood Safety Committee, chaired by the Surgeon General/ Assistant Secretary of Health, is urged to encourage the adoption of these screening tools for individual donor testing of blood and plasma. The conferees request that the Chief Financial Officer report to the House and Senate Committees on Appropriations on the status of the HHS financial audit. The conferees also request that the Chief Information Officer report to the House and Senate Committees on Appropriations on the status of the HHS computer security and related infrastructure protection. Both reports are to be presented to the Committees no later than March 1, 2001. The conferees are concerned about the global AIDS pandemic and are supportive of the Department's international AIDS and infectious diseases efforts, especially those of CDC and NIH. The Department should continue to identify opportunities for strengthened international collaboration with those countries heavily impacted by HIV/AIDS and other new and emerging infectious diseases, as well as those nations that are vulnerable to a rapid acceleration of new cases. The Department should also coordinate its efforts with those of the U.S. Agency for International Development (USAID) to ensure [[Page H12144]] that HHS activities are consistent with the USAID country strategic plan, and with those of multilateral organizations such as the World Health Organization and the Joint United Nations Programme on AIDS. The conferees urge the Secretary to establish a program to provide information and education on autism to health professionals and the general public as authorized in the Children's Health Act of 2000. The conferees direct the Secretary of Health and Human Services, in consultation with the Director of NIH, to conduct a review of the eligibility of the Bermuda Biological Station for Research (BBSR) to receive F&A recovery on NIH- supported research. The conferees are aware that the National Science Foundation, the National Oceanic and Atmospheric Administration, the National Aeronautics and Space Administration, and the Office of Naval Research provide BBSR with direct and indirect costs of research in peer-reviewed, competitive awards. The conferees request that the Secretary report to the House and Senate Appropriations Committees on the status of this review. The conferees expect the Office of Population Statistics to better coordinate with the Health Resources and Services Administration regarding family planning activities. The conferees support the HHS agreement to provide the Interdepartmental Task Force on AIDS with administrative support funding totalling $250,000 from within funds available to the Department. The conferees request the Secretary to provide a report to the House and Senate Appropriations Committees by May 1, 2001 on the Department's review and action steps taken in response to the Institute of Medicine's report, ``No Time to Lose: Getting More from HIV Prevention.'' This should include a review of current investments in HIV prevention as they relate to the issues raised by the Institute of Medicine. The conferees are aware that the Secretary is working to establish the Advisory Committee on Minority Health to assist the Secretary in improving the health of racial and ethnic minority groups, and encourage the Secretary to proceed expeditiously so that the Department's goals and program activities better reflect the health care needs of Hispanic Americans and other racial and ethnic minorities. The conferees are concerned about the current situation regarding the availability and uneven distribution of influenza vaccine for the nation at a critical time for our most vulnerable populations, especially the elderly, sick and very young. The conferees understand the Department's role in developing influenza vaccine each year for distribution by private industry and commend the Department for its efforts to communicate with the American public as this unfortunate situation developed. The Secretary, through the National Vaccine Program Office, is directed to prepare a report to the Committees on Appropriations of the House and Senate by June 30, 2001 regarding its assessment of this year's distribution problems along with any recommendations for changes in the vaccine development and distribution process. The conferees understand that the incidence of unreimbursed health care provided to foreign nationals in U.S. hospital emergency rooms is a problem costing taxpayers millions of dollars per year. The conferees direct the Secretary to conduct a study regarding the extent of the problem, including U.S. hospitals' experiences in obtaining reimbursement from foreign insurers, the identity of foreign insurance companies who do not cooperate with or reimburse U.S. health care providers, the amount of unreimbursed services provided to foreign nationals, along with recommended solutions. This study shall be submitted to the Committees on Appropriations of the House and Senate no later than December 31, 2001. Office of Inspector General The conference agreement includes $33,849,000 for the Office of Inspector General as proposed by the Senate instead of $31,394,000 as proposed by the House. The conferees do not include language proposed by the House to limit the amount of funds available to the Inspector General in fiscal year 2001 under the Health Insurance Portability and Accountability Act of 1996 (HIPAA) to not more than $130,000,000. The Senate bill contained no similar provision. The agreement includes language not proposed by the House or the Senate to allow funds to be used to provide protective services to the Secretary and investigate non-payment of child support cases for which non-payment is a Federal offense under 18 U.S.C. 228. Office for Civil Rights The conference agreement includes $24,742,000 for the Office for Civil Rights instead of $18,774,000 as proposed by the House and $23,242,000 as proposed by the Senate. policy research The conference agreement includes $16,738,000 for policy research as proposed by both the House and the Senate. The conferees include $7,125,000 to continue the study of the outcomes of welfare reform and to assess the impacts of policy changes on the low-income population. The conferees recommend that this effort include the collection and use of state-specific surveys and state and federal administration data, including data which are newly becoming available from state surveys. These studies should focus on assessing the well-being of the low-income population, developing and reporting reliable state-by-state measures of family hardship and well-being and of the utilization of other support programs, and improving the capabilities and comparability of data collection efforts. These studies should continue to measure outcomes for a broad population of welfare recipients, former recipients, potential recipients, and other special populations affected by state TANF policies. The conferees further expect a report on these topics to be submitted to the House and Senate Appropriations Committees by May 1, 2001. Public Health and Social Services Emergency Fund The conference agreement includes $241,231,000 for the Public Health and Social Services Emergency Fund instead of $254,640,000 as proposed by the House and $214,600,000 as proposed by the Senate. The amount provided includes $181,131,000 for the Centers for Disease Control and Prevention for the following bioterrorism and related activities: --$2,000,000 to continue to discover, develop, and transition anti-infective agents to combat emerging diseases; --$18,040,000 for the second year of a collaborative research program on the anthrax vaccine; --$32,000,000 for a national health alert network; and --$129,950,000 for all other activities, except tobacco litigation. The conferees do not provide funding for this activity. Regarding the anthrax study, the conferees understand that clinical studies will be greatly facilitated by the establishment of the Vaccine Healthcare Center Network, with the first site at Walter Reed Army Medical Center. This Network will facilitate data collection, standardization of the anthrax immunization, training and general data collection for this project. The conferees recommend that CDC continue and expand the public health preparedness center program. The remaining $60,100,000 is for the Office of Emergency Preparedness for bioterrorism-related activities. Within the total provided for CDC, the conferees include the following amounts for the following projects and activities in fiscal year 2001: --$500,000 for the National Bioterrorism Civilian Medical Response Center at Drexel University; --$750,000 for the National Rapid Response Bioterrorism Defense Center at the University of Texas Medical Branch, Galveston; --$941,000 for the University of Findlay National Center for Terrorism Preparedness to train and prepare underserved populations and facilities to react to bioterrorism and related incidents; --$900,000 for the St. Louis University Center for Research and Education on Bioterrorism; --$1,000,000 for the West Virginia University Virtual Medical Campus, to conduct an assessment for Disaster Medical Assistance Teams, National Guard Civilian Support Teams and hospital emergency and administrative personnel for medical preparedness and readiness for Weapons of Mass Destruction or similar events. These funds can only be used for this purpose. A report is due to the Congress by June 30, 2001 on this initiative; --$900,000 for the Rhode Island Hospital disaster preparedness initiative; --$1,400,000 for the Charlotte Mecklenburg Advanced Local Emergency Response Team (ALERT) project in Charlotte, North Carolina; --$1,900,000 for the Public Health Service Moble Training Center at Fort McClellan, Alabama for bioterrorism training; and --$2,200,000 for the Washington Hospital Center, the University of Pennsylvania Department of Emergency Medicine, and the University of Tennessee ER One initiative. GENERAL PROVISIONS nih and samhsa salary cap The conference agreement includes a provision proposed by the House limiting the use of the National Institutes of Health and the Substance Abuse and Mental Health Services Administration funds to pay the salary of an individual, through a grant or other extramural mechanism, at a rate in excess of Level I of the Executive Schedule instead of Level II as proposed by the Senate. one-percent evaluation tap The conference agreement includes a provision proposed by the House to allow for a one percent evaluation tap pursuant to section 241 of the Public Health Service Act. The Senate bill contained a provision to allow for an evaluation tap of not more than 1.6 percent. transfer authority The conference agreement includes language to provide general transfer authority for the Department of Health and Human Services. This authority was first provided in fiscal year 1996 with the understanding that the flexibility it provides can only be carried out when proper financial management controls and systems are in place. However, CDC has provided Congress with inaccurate spending data on a number of programs. While it is recognized that CDC is working to rectify problems that have been identified, for fiscal year 2001 the conferees are requiring a letter of reprogramming to the House and Senate Appropriations Committees and a written response from the Committees before any transfer of funds can be made to CDC. [[Page H12145]] The conferees reiterate that it is not the purpose of the transfer authority to provide funding for new policy proposals that can, and should, be included in subsequent budget proposals. Absent the need to respond to emergencies or unforeseen circumstances, this authority cannot be used simply to increase funding for programs, projects or activities because of disagreements over the funding level or the difficulty or inconvenience with operating levels set by the Congress. substance abuse and mental block grant formula allocation The conference agreement does not include a provision proposed by either the House or the Senate regarding the distribution of substance abuse and mental health block grant funding. nih obligations The conference agreement does not include a provision proposed by the House to limit NIH obligations to the President's budget request. The Senate bill contained no similar provision. extension of certain adjudication provisions The conference agreement includes a provision proposed by the Senate to extend the refugee status for persecuted religious groups. The House bill contained no similar provision. medicare competitive pricing demonstration project The conference agreement includes a provision proposed by the Senate to prohibit funding to implement or administer the Medicare Prepaid Competitive Pricing Demonstration Project in Arizona or in Kansas City, Missouri or in the Kansas City, Kansas area. The House bill contained no similar provision. withholding of substance abuse funds The conference agreement includes a provision proposed by the Senate to prohibit the Secretary from withholding a State's substance abuse block grant funds if that State is not in compliance with the requirements of the Synar Amendment. The provision also prohibits the Secretary from withholding substance abuse funding from a territory that receives less than $1,000,000. The House bill contained no similar provisions. state children's health insurance program (schip) The conference agreement does not include a provision proposed by the Senate to shift unspent fiscal year 1998 SCHIP funds to fiscal year 2003. The House bill contained no similar provision. sense of the senate regarding needlestick injury prevention The conferees delete without prejudice a Sense of the Senate provision regarding needlestick injury prevention. The House bill contained no similar provision. clearinghouse on safe needle technology The conference agreement does not include a provision proposed by the Senate to provide additional funds to the Centers for Disease Control and Prevention to establish a clearinghouse on safe needle technology offset by an across- the-board reduction to travel, consulting, and printing services of the Departments of Labor, Health and Human Services, and Education. The House bill contained no similar provision. reasonable rate of return on both intramural and extramural research The conference agreement does not include a provision proposed by the Senate to withhold funding if the Director of NIH did not provide a proposal to require a reasonable rate of return on both intramural and extramural research by March 31, 2001. The House bill contained no similar provision. study on unreimbursed health care provided to foreign nationals The conference agreement does not include a provision proposed by the Senate to require the Secretary to conduct a study on the unreimbursed health care provided to foreign nationals. The House bill contained no similar provision. national institute of child health and human development The conference agreement includes a provision proposed by the Senate to amend the Public Health Service Act to revise the purpose of the Institute relating to gynecologic health. The House bill contained no similar provision. immunization infrastructure and operations activities The conference agreement does not include a provision proposed by the Senate to provide additional funds to the Centers for Disease Control and Prevention for State and local immunization infrastructure and operations activities offset by an across-the-board reduction to administrative and related expenses of the Departments of Labor, Health and Human Services, and Education. The House bill contained no similar provision. animal care contract requirements The conference agreement includes a provision proposed by the Senate to require that the contractor hired for the care of the 288 chimpanzees acquired by NIH from the Coulston Foundation be accredited by the Association for the Assessment and Accreditation of Laboratory Animal Care International or has PHS assurance. The House bill contained no similar provision. Poison Prevention and Control Centers The conference agreement does not include a provision proposed by the Senate to provide additional funds to the Health Resources and Services Administration to provide assistance for poison prevention and control activities offset by an across-the-board reduction to administrative and related expenses of the Departments of Labor, Health and Human Services, and Education. The House bill contained no similar provision. Sense of the Senate Regarding the Delivery of Emergency Medical Services The conferees delete without prejudice a Sense of the Senate provision regarding the delivery of emergency medical services. The House bill contained no similar provision. Sense of the Senate Regarding Impacts of the Balanced Budget Act of 1997 The conferees delete without prejudice a Sense of the Senate provision regarding impacts of The Balanced Budget Act of 1997. The House bill contained no similar provision. ARKids The conference agreement does not include a provision proposed by the House to prohibit the Health Care Financing Administration from revoking a waiver to the State of Arkansas that implements its own children's health insurance plan. The Senate bill contained no similar provision. Abstinence Education The conference agreement includes language to prohibit the awarding of abstinence education grants authorized in the Emergency Supplemental Act, 2000 until March 1, 2001. The House and Senate bills contained no similar provision. Physicians Comparability Allowances The conference agreement includes a provision not proposed by either the House or the Senate to extend the authority of physicians comparability allowances for five years. Organ Procurement Organizations The conference agreement includes language to prohibit the termination of the Lifelink of Puerto Rico Organ Procurement Organization, the Northeast Organ Procurement Organization and Tissue Bank, and the Arkansas Regional Organ Recovery Agency from participation in the Medicare and Medicaid programs for one year from the date of enactment of this Act. The agreement further requires that future certification be determined based upon performance information from these individual Organ Procurement Organizations beginning on January 1, 2000. The House and Senate bills contained no similar provision. CDC International Authority The conference agreement includes a provision not proposed by either the House or the Senate to provide authority to support CDC carrying out international HIV/AIDS and other infectious and chronic disease activities abroad. Subsection (a)(1) is intended to allow CDC to meet relatively short-term requirements for technical, management, and administrative personnel needs abroad through the award of personal services contracts in situations where other options, such as use of existing staff or hiring of new staff, or award of a service contract, other than one for personal services, are ineffective and impractical. During FY 2001, the conferees expect HHS to work with the Office of Management and Budget and other relevant agencies and Congressional committees as appropriate to consider effective longer-term solutions for addressing these types of needs. Section (a)(2) is intended to ensure that the Department of State can provide necessary support services (including Administrative Support services agreements) to support CDC's international health programs, including the purchase of necessary laboratory equipment and the lease, repair and renovation of laboratory and other facilities. Bayview The conference agreement includes language to allow the Director of the National Institutes of Health to enter into and administer a long-term lease agreement for facilities at the Bayview Campus in Baltimore, Maryland. Office for Human Research Protections Transfer The conference agreement includes a provision to transfer $5,800,000 from the National Institutes of Health to the Office of the Secretary, General Departmental Management to support the newly established Office for Human Research Protections. This transfer of funds implements the Secretary's decision to move the Office to the Department from NIH and that in the future the Department will request funding for the Office within the Office of the Secretary. The House and Senate bills contained no similar provision. Clinical Research Loan Repayment The conference agreement includes a provision to allow extramural clinical researchers to be included in the clinical research loan repayment program for individuals from disadvantaged backgrounds. The House and Senate bills contained no similar provision. Acting Director of NIH The conference agreement includes a provision to allow the current Acting Director of NIH to remain in that position until a new Director is confirmed by the Senate. The House and Senate bills contained no similar provision. [[Page H12146]] national neuroscience research center The conference agreement includes a provision to name the National Neuroscience Research Center at the National Institutes of Health the John Edward Porter Neuroscience Research Center. Title II Citation The conference agreement includes a provision proposed by the House to cite title II as the ``Department of Health and Human Services Appropriations Act, 2001''. The Senate bill contained no similar provision. TITLE III--DEPARTMENT OF EDUCATION Education Reform The conference agreement includes $1,880,710,000 for Education Reform instead of $1,505,000,000 as proposed by the House and $1,434,500,000 as proposed by the Senate. Parental Assistance The conference agreement includes $38,000,000 for parental assistance instead of $40,000,000 as proposed by the Senate. The House did not propose funding for this program. Education Technology For education technology, the conference agreement includes $872,096,000 instead of $905,000,000 as proposed by the House and $794,500,000 as proposed by the Senate. Technology Literacy Challenge Fund For the Technology Literacy Challenge Fund, the conference agreement includes $450,000,000 instead of $425,000,000 as proposed by the Senate and $517,000,000 as proposed by the House. Technology Innovation Challenge Grants For the Technology Innovation Challenge Grants, the conference agreement includes $136,328,000 instead of $197,500,000 as proposed by the House and $100,000,000 as proposed by the Senate. Within the amounts provided for Technology Innovation Challenge Grants, the conference agreement includes $46,328,000 for the following: $921,000 to be divided equally among the Blount, Cherokee, Cullman, DeKalb, Etowah, Fayette, Franklin, Lamar, Lawrence, Marion, Marshall, Pickens, Walker and Winston County Boards of Education in Alabama for technology enhancements for schools; $369,000 Harford County Magnet School, Aberdeen, MD for technology enhancements; $92,000 Community School District 31, Staten Island, NY for school computer lab enhancements; $147,000 Community School District 20, Brooklyn, NY for school computer lab enhancements; $921,000 Rockford Public Schools- District 205, Rockford, IL for Digital Community Classroom project; $207,000 Grant Joint Union High School District, Sacramento, CA for technology enhancements; $44,000 Bibb County Board of Education, AL for technology enhancements; $44,000 Calhoun County Board of Education, AL for technology enhancements; $44,000 Chambers County Board of Education, AL for technology enhancements; $44,000 Chilton County Board of Education, AL for technology enhancements; $44,000 Clay County Board of Education, AL for technology enhancements; $44,000 Cleburne County Board of Education, AL for technology enhancements; $44,000 Coosa County Board of Education, AL for technology enhancements; $44,000 Lee County Board of Education, AL for technology enhancements; $44,000 Macon County Board of Education, AL for technology enhancements; $44,000 St. Clair County Board of Education, AL for technology enhancements; $44,000 Talladega County Board of Education, AL for technology enhancements; $44,000 Tallapoosa County Board of Education, AL for technology enhancements; $44,000 Randolph County Board of Education, AL for technology enhancements; $44,000 Russell County Board of Education, AL for technology enhancements; $44,000 Jacksonville City Board of Education, AL for technology enhancements; $44,000 Oxford City Board of Education, AL for technology enhancements; $44,000 Sylacauga City Board of Education, AL for technology enhancements; $44,000 Phenix City Board of Education, AL for technology enhancements; $44,000 Auburn City Board of Education, AL for technology enhancements; $44,000 Opelika City Board of Education, AL for technology enhancements; $44,000 Piedmont City Board of Education, AL for technology enhancements; $921,000 Corbin Technology and Training Center, Corbin KY; $921,000 Regional Technology and Training Center in West Liberty, KY; $415,000 Cherokee County, Murphy NC for computers; $46,000 Meredith-Dunn School, Louisville, KY for technology enhancements; $184,000 Crawford County Public Schools in Roberta GA for technology development and equipment; $35,000 Thomas Jefferson High School for Science and Technology, Alexandria, VA for technology enhancements; $921,000 California Institute of the Arts, Community Arts Partnership, Santa Clarita, CA for the Digital Arts Network Project; $184,000 Travis Unified School District, Fairfield, CA for a technology plan; $9,000,000 I CAN LEARN; $1,800,000 Beaufort County School District in South Carolina to continue implementing the Learning with Laptops initiative; $900,000 Metropolitan Regional and Technical Center in Providence, Rhode Island to provide training and support in computer technology through Project Family Net; $1,500,000 Tupelo Public School District in Tupelo, Mississippi to Model successful, replicable technology application and utilization; $2,000,000 South Carolina Educational TV in Columbia, South Carolina for its public-private partnership established to develop model communication tools that support the use of technology in improving students' reading and writing; $1,275,000 Washington State Educational Agency in Olympia, Washington for the Linking Educational Technology and Educational Reform (LINKS) project to provide electronic student learning and teacher training; $500,000 Discovery Center in Springfield, Missouri, in partnership with area schools, to enhance student access to and use of technology-based learning; $100,000 Montgomery Public School system in Montgomery, Alabama for technology upgrades at the Brewbaker Technology Magnet High School; $850,000 New Mexico State Department of Education for an online advanced placement course demonstration program; $450,000 Western Kentucky University to improve teacher preparation programs that help incorporate technology into the school curriculum; $680,000 Houston Independent School District in Houston, Texas to provide advanced telecommunications systems for schools in the district; $500,000 McDermitt Combined School in Nevada to improve student access to and understanding of computers; $55,000 Northwood School District in Minong, Wisconsin for distance education programs; $100,000 New Mexico State Department of Education for a virtual school designed to increase educational access for students; $850,000 Washington State Office of Public Instruction for online advanced placement course development and delivery; $1,800,000 Iowa Department of Education for online advance placement course development and delivery; $2,500,000 Wheeling Jesuit University NASA Center for Educational Technologies in West Virginia for technology training of math and science teachers; $65,000 Reid Elementary School District in Searchlight, Nevada for educational technology enhancements; $100,000 City of Philadelphia, Pennsylvania for technology training and access to the internet and other high-technology tools; $925,000 Marymount University in Virginia for an instructional technology program for teachers; $3,100,000 Rutgers, the State University of New Jersey, for the RUNet 2000 project; $2,200,000 South Dakota Board of Regents to support distance learning technology; $1,421,000 Future of the Piedmont Foundation, Regional Education Center, Danville, VA for technology enhancements; $170,000 Santa Barbara Industry Education Council and Santa Barbara County Education Office, California for a computers for families program; $250,000 Nicolet Distance Education Network in Rhinelander, Wisconsin, for a distance learning initiative; $417,000 Gadsden School District in Quincy, Florida for technology upgrades and equipment for a distance education initiative; $451,000 Woodburn School District, Woodburn, Oregon for technology equipment for a distance learning center; $489,000 Southwest Virginia Education and Training Network, Abington, Virginia, for technology upgrades; $561,000 Adelphi University, New York, for the Information Commons distance education initiative; $638,000 Liberty Science Center, Jersey City, New Jersey, for technology upgrades for its partnership program with 28 school districts in New Jersey; $723,000 Maine School Administrative District Number 64, East Corinth, Maine, for the STAR technology teacher training project; $723,000 The Appalachian Center for Economic Networks, Athens, Ohio, to expand a computer entrepreneurship project; $808,000 Detroit Educational Television Foundation, Detroit, Michigan, to deliver expanded arts educational programs to schools through the Enrichment Channel; $1,169,000 Puget Sound Center for Teaching, Learning, and Technology, Seattle, Washington, for technology training, equipment and support; and $100,000 Rose Tree Media School District in Pennsylvania for integrating distance learning in the classroom through the HUBS project. National Activities The conference agreement includes $191,950,000 for education technology initiatives funded under National Activities. This includes $125,000,000 for teacher training in technology, the same amount as proposed by the Senate instead of $85,000,000 as proposed by the House. It also includes $64,950,000 to establish computer learning centers in low-income communities instead of $32,500,000 as proposed by the House and $65,000,000 as proposed by the Senate. [[Page H12147]] Star Schools For Star Schools, the conference agreement includes $59,318,000 instead of $45,000,000 as proposed by the House and $43,000,000 as proposed by the Senate. Within the amounts provided for Star Schools, the conference agreement includes $8,768,000 for the following: $478,000 Winston-Salem/Forsyth County Schools, Winston- Salem, NC for Winston-Net program; $1,290,000 Galena School District, Galena Alaska for a distance education program; $4,000,000 Iowa Communications Network statewide fiber optic demonstration program; and $3,000,000 South Dakota Department of Education and Cultural Affairs to continue and expand the Digital Dakota Network which provides high speed Internet and local and wide area networking to all public K-12 schools in South Dakota. Telecommunications demonstration project for mathematics The conference agreement includes $8,500,000 for telecommunications demonstration project for mathematics as proposed by the Senate. The House proposed no funds. The conferees recognize the positive work that the Public Broadcasting Service (PBS) has done in demonstrating and evaluating the use of different technologies to provide professional development opportunities in mathematics to elementary and secondary school teachers. While the Mathline program clearly has reached many teachers through various media, the conferees want to ensure that the greatest number of educators and students will benefit from this program. The conferees encourage PBS to continue to explore cost effective options for providing high quality professional development opportunities in core curricula to current and future teachers. In addition, the conferees encourage PBS to continue evaluating this program to measure the change in student academic achievement that results from teaching techniques learned through this program. 21st Century Learning Centers The conference agreement includes $845,614,000 for the 21st Century Learning Centers instead of $600,000,000 as proposed by both the House and the Senate. Within the amounts provided for 21st Century Learning Centers, the conference agreement includes $20,614,000 for the following: $9,000 Thirteenth Place Youth and Family Services in Gadsen Alabama for ``The After School Program''; $921,000 The Community House Inc. in Hinsdale, IL for youth programs and services; $230,000 Boys and Girls Club of Coachella Valley in Palm Desert, CA for after school programs; $553,000 Boys and Girls Club of Danville, Danville IL for youth programs; $461,000 Fayette and Clark Counties, Kentucky for after school programs; $69,000 Chrysalis House Inc. in Lexington, KY for equipment related to afterschool programs; $18,000 Goodhue Center, Staten Island, NY for an educational and technology enrichment project; $18,000 Central Family Life Center Inc. in Staten Island NY for after school family preservation program for tutoring and after school; $23,000 Jewish Community Center of Staten Island, NY for an after school program; $41,000 Catholic Youth Organization Inc., Staten Island NY for an after school program; $92,000 Boys and Girls Club of Rochester, MN for Project Learn; $23,000 Children's Museum of Elizabethtown, KY for after school programming; $921,000 Boys and Girls Clubs of Santa Clarita Valley, Santa Clarita, CA for youth development programs; $9,000 First Gethsemane Center for Family Development, Louisville, KY for tutoring program; $18,000 Summerbridge, Louisville, KY for tutoring program; $14,000 New Creations Development Programs, Inc., Louisville, KY for tutoring/mentoring program; $18,000 New Zion Community Development Foundation, Louisville, KY for after school mentoring program; $18,000 Robbie Valentine Stars Club Education Program, Louisville, KY for mentoring programs; $14,000 Shiloh Community Renewal Center in Louisville, KY for after school and summer tutoring; $276,000 Tulare County Office of Education, Visalia, CA for a Summer Youth program; $691,000 West-End YMCA Association, Ontario, CA for after school programming; $250,000 Big Brothers/Big Sisters of America to expand its school-based mentoring program to the State of New Hampshire; $250,000 City of Portland, Oregon to increase student achievement and family involvement with children through its Schools Uniting Neighborhoods program; $350,000 Cranston Public School District in Cranston, Rhode Island, in collaboration with community partners, to improve parental participation in student learning and enhance the use of technology in after school programs; $200,000 Discovery Center in Springfield, Missouri for expansion of science education programs available to at risk youth; $375,000 Bibb County Board of Education in Macon, Georgia for after school programming; $200,000 John A. Logan College to develop a community learning center in rural Southern Illinois; $100,000 Project 2000 for mentoring and other support services for low-income and inner-city students in the District of Columbia; $250,000 Holy Redeemer Health System in Philadelphia, Pennsylvania for after school programs for at risk children; $1,100,000 State of Alaska for extended learning opportunities for school children provided through the Right Start program; $400,000 National Ten-Point Leadership Foundation in Boston, MA to address the mentoring needs of at-risk inner- city youth; $425,000 Clark County School District, Las Vegas, Nevada for an after school community learning center; $293,000 Centennial School District, Circle Pines, Minnesota, for an after school program; $213,000 City School District of New Rochelle, New York, for an after school program; $370,000 Abbotsford School District, Abbotsford, Wisconsin, for an after school program; $213,000 Community School District 24, Glendale, New York for before- and after-school programs; $213,000 Community School District 28, Forest Hills, New York for an after school program; $213,000 Community School District 30, Jackson Heights, New York for an after school program; $60,000 Crosby Independent School District in Barrett Station, Texas, for an after school program; $85,000 Eastchester Union Free School District, Eastchester, New York for an after school program; $128,000 Fontana Unified School District, Fontana, California, for the educational component of a teen center for at-risk youth; $234,000 Sauk Prairie Schools, Sauk City, Wisconsin for an after school program; $468,000 Hastings Public Schools, Hastings, Minnesota, for an after school program; $750,000 Hayward Community School District, Hayward, Wisconsin for an after school; $191,000 Independence School District, Independence, Missouri, to expand before and after school programs; $510,000 Macomb County Intermediate School District, Michigan for the ``Kids Klub'' after school program; $1,275,000 Milwaukee Public Schools, Wisconsin, for after school programs; $170,000 New London Public Schools, New London, Connecticut, for an after school program; $298,000 New York Hall of Science in Queens, New York for an after school program; $629,000 Pojoaque Valley Schools in Pojoaque, New Mexico for the Para Los Ninos after school consortium; $213,000 Port Chester-Rye Union Free School District, Port Chester, New York for an after school program; $850,000 Rock Island County Regional Office of Education, Moline, Illinois for after school programs in the Moline-Coal Valley School District and the Rock Island-Milan School District; $361,000 South Washington County Schools, Cottage Grove, Minnesota, for an after school program; $340,000 St. Clair County Intermediate School District, Michigan for the ``Kids Klub'' after school program; $230,000 St. Francis School District, Milwaukee, Wisconsin for an after school program; $1,300,000 Wausau School District, Wausau, Wisconsin, for an after school program; $170,000 Windham Public Schools, Willimantic, Connecticut, for an after school program; and $2,500,000 Expansion of Gallery 37 after school programming in Chicago, Illinois. The conference agreement includes bill language stating that the Secretary shall strongly encourage applications for 21st Century Community Learning Center grants to be submitted jointly by a local educational agency (or a consortium of local educational agencies) and a community-based organization, including public or private entities with demonstrated effectiveness in providing educational or related services to individuals in the community, such as child care providers, youth development organizations (such as YMCAs, the Boys and Girls Clubs, Big Brothers Big Sisters of America, Camp Fire Boys and Girls, and the Girl Scouts), museums, libraries, and Departments of Parks and Recreation. In including this language, the conferees intend that the Secretary shall strongly encourage joint applications in order to promote local collaboration and coordination of services. This is especially important where more than one application is received proposing to serve the same community. Additionally, the language requires all applications submitted to the Secretary to contain evidence that the project includes elements that are designed to assist students to meet or exceed State and local standards in core academic subjects, as appropriate to the needs of participating children. The Senate bill included language stating that a community-based organization that has experience in providing before- and after-school services shall be eligible to receive a grant on the same basis as a school or consortium, and stating that the [[Page H12148]] Secretary shall give priority to any applications jointly submitted by a community-based organization and a school or consortium. The House bill contained no similar language. Small Schools The conference agreement includes $125,000,000 for the Small, Safe and Successful Schools initiative authorized under section 10105 of part X of the Elementary and Secondary Education Act. The House bill included funding for this initiative under the Fund for the Improvement of Education and the Senate bill proposed no funding. The conferees agree that these funds shall be used only for activities related to the redesign of large high schools enrolling 1,000 or more students, and that this initiative shall continue to be jointly managed by the Office of Elementary and Secondary Education and the Office of Vocational and Adult Education. EDUCATION FOR THE DISADVANTAGED The conference agreement includes $9,532,621,000 for Education for the Disadvantaged instead of $8,986,800,000 as proposed by the Senate and $8,816,986,000 as proposed by the House. The agreement includes advance funding for this account of $6,758,300,000 instead of $6,204,763,000 as proposed by the House and $6,223,342,000 as proposed by the Senate. For Grants to Local Educational Agencies (LEAs) the agreement provides $8,601,721,000 instead of $8,335,800,000 as provided by the Senate and $7,941,397,000 as provided by the House. Of the funds made available for basic grants, $5,394,300,000 becomes available on October 1, 2001 for the academic year 2001-2002. The conference agreement includes $7,237,721,000 for basic grants and $1,364,000,000 for concentration grants. For fiscal year 2001, $1,158,397,000 was advance funded in the fiscal year 2000 Departments of Labor, Health and Human Services and Education and Related Agencies Act (P.L. 105- 227). The funding of $1,364,000,000 for concentration grants is advanced for fiscal year 2002. The conferees have included $225,000,000 for school improvement activities under section 1116(c) of the Elementary and Secondary Education Act (ESEA) of 1965 to assist low performing schools under Title I of ESEA. School improvement activities are those measures designed to help turn around low performing schools. One hundred percent of the funds provided for these activities are to be allocated by states to school districts. The conferees have also included a requirement that all school districts receiving funds under Part A of Title I shall provide students in low performing Title I schools with the option to transfer to another public school or public charter school in the school district, unless prohibited by state or local law or policy. Local educational agencies located within States that qualify for the small state minimum under Title I Part A are not required to comply with this requirement, but may comply if they so choose. The conference agreement includes $6,000,000 for capital expenses for private school children as proposed by the Senate. The House bill contained no funding for this program. The conference agreement includes $250,000,000 for the Even Start program as proposed by the House instead of $185,000,000 as proposed by the Senate. The conference agreement includes $380,000,000 for the migrant education program as proposed by the Senate instead of $354,689,000 as proposed by the House. The agreement also includes $46,000,000 for neglected and delinquent youth instead of $50,000,000 as proposed by the Senate and $42,000,000 as proposed by the House. The conference agreement includes $8,900,000 for evaluation of title I programs as proposed by the House. The Senate bill did not propose funding for this activity. The conference agreement includes $210,000,000 for the comprehensive school reform demonstration program instead of $190,000,000 as proposed by the House. The Senate bill did not propose funding for this activity. The conferees direct the Department to follow the directives in the report accompanying the fiscal year 1998 bill (House Report 105-390) and in the conference report accompanying the fiscal year 1999 bill (House Report 105-825) in administering this program. For the education for the disadvantaged program, the agreement includes a provision not contained in either House or Senate bills which allows each state and local educational agency (LEA) to receive the greater of either the amount it would receive at specified levels under the 100% hold harmless contained in the Senate bill or what it would receive using the statutory formulas. This comparison is intended to be used for allocating funds in fiscal year 2001 for both basic and concentration grants. The conferees expect the Department to use updated demographic and financial expenditure data in determining allocations when such data becomes available. The Senate bill included a 100% hold harmless for States and LEAs for both basic and concentration grants. The House bill contained no similar provision. The conferees adopt language included in the Senate bill providing that the Department shall make 100% hold harmless awards to LEAs that were eligible for concentration grants in 2000, but are not eligible to receive grants in fiscal year 2001. The conferees also adopt language included in the Senate bill providing that the Secretary of Education shall not take into account the 100% hold harmless provision in determining State allocations under any other program. The House bill did not contain these hold harmless provisions. IMPACT AID The conference agreement includes $993,302,000 for the Impact Aid programs instead of $985,000,000 as proposed by the House and $1,075,000,000 as proposed by the Senate. For basic grants the agreement includes $882,000,000; for payments for children with disabilities the conferees include $50,000,000. The agreement also includes $8,000,000 for facilities maintenance, $12,802,000 for construction, and $40,500,000 for payments for federal property. The conferees note that funds for basic grants and payments for heavily impacted districts are combined pursuant to the provisions of the Impact Aid Reauthorization Act of 2000. Sufficient funding is provided within the account for construction for the following: $1,981,000 for the North Chicago Community Unit School District 187; $921,000 for the Wheatland School District, Wheatland, California; $400,000 for Brockton Elementary Public School District in Montana; $2,600,000 for Craig School District in Alaska; and $900,000 for Cannon Ball Elementary School on Standing Rock Sioux Reservation in Cannon Ball, North Dakota. The conferees also include the following language provisions: timely filing of an application by the Academy School District 20 in Colorado; restoration of payments to school districts affected by a section 8002 cap in 1998; and deeming eligibility for Kadoka School District in South Dakota. Neither the House nor Senate bills contained similar provisions. SCHOOL IMPROVEMENT PROGRAMS The conference agreement includes $4,872,084,000 for School Improvement Programs instead of $3,165,334,000 as proposed by the House and $4,672,534,000 as proposed by the Senate. The agreement provides $3,107,084,000 in fiscal year 2001 and $1,765,000,000 in fiscal year 2002 funding for this account. Eisenhower professional development state and local activities For Eisenhower professional development state and local activities, the conferees provide $485,000,000. The House bill provided $1,750,000,000 for the Teacher Empowerment Act, subject to authorization, which included funds previously dedicated to the Eisenhower professional development programs. The Senate bill provided $435,000,000. The conference agreement includes bill language providing that a local educational agency shall use funds received in excess of the allocation received for the preceding fiscal year to improve teacher quality by reducing the percentage of teachers who are uncertified, teaching out of field, or who lack sufficient content knowledge to teach effectively in the areas they teach. These additional funds may be used for mentoring programs for new teachers, to provide opportunities for teachers to participate in multi-week institutes, such as those offered in the summer months that provide intensive professional development and to implement incentives to retain quality teachers who have a record of success in helping low-achieving students improve their academic success. State educational agencies and State agencies for higher education may also use additional funds provided in excess of the allocation received for the preceding fiscal year for multi-week institutes, such as those provided in the summer months, that provide intensive professional development in partnership with local educational agencies, and to provide grants to recruit, prepare, retain, and train school principals and superintendents, especially individuals serving or intending to serve in high-poverty, low-performing schools and districts. The conference agreement also includes $45,000,000 within the amount for Eisenhower state grants to be available to States to support efforts to meet the requirements under section 1111 of title I of the Elementary and Secondary Education Act of 1965 or the requirements for State eligibility for the Ed-Flex Partnership Act of 1999. Eisenhower professional development national activities The conference agreement provides $44,000,000 for Eisenhower professional development national activities under this account. Early Childhood Educators.--Within the funds available for Eisenhower professional development national activities, the conference agreement includes $10,000,000 for training early childhood educators and caregivers in high-poverty communities to focus on professional development activities to further children's language and literacy skills to help prevent them from encountering reading difficulties once they enter school. Teacher Recruitment Initiatives.--Within the funds available for Eisenhower professional development activities, the conference agreement also includes $34,000,000 for new teacher recruitment initiatives. The conferees believe that an expanded effort to get more talented individuals from non- traditional routes into classrooms is warranted and is an efficient means to get highly skilled people into schools at a time when the demand for these skills is the greatest. For example, the conferees acknowledge that the Troops to Teachers and Teach for America programs have been innovative models [[Page H12149]] for recruiting qualified, nontraditional candidates into teaching and offer viable solutions to our nation's need to hire over 2.2 million teachers over the next ten years to replace veteran retiring teachers and to accommodate additional student enrollment. Of the amount made available for teacher recruitment initiatives, $3,000,000 shall be available to the Secretary for transfer to the Defense Activity for Non-Traditional Education Support of the Department of Defense (Troops-to- Teachers). The remaining $31,000,000 available for teacher recruitment initiatives shall be available for grants as described in the prior paragraph for local educational agencies, State educational agencies, educational service agencies, or nonprofit agencies and organizations, including organizations with expertise in teacher recruitment, or partnerships comprised of these entities to recruit, prepare, place and support mid-career professionals from diverse fields who possess strong subject matter skills to become teachers, particularly in high-need fields such as mathematics, science, foreign languages, bilingual education, reading, and special education; and to attract, recruit, screen, select, train, place and provide financial incentives to recent college graduates with outstanding academic records and a baccalaureate in a field other than education to become fully qualified teachers through nontraditional routes. Innovative education program strategies For innovative education program strategies, title VI of the Elementary and Secondary Education Act of 1965, the conference agreement includes $385,000,000 instead of $3,100,000,000 as proposed by the Senate and $365,750,000 as proposed by the House. The conferees support the use of funds appropriated under section 6301(b) to provide single-sex school or classroom programs provided that the recipient ``complies with applicable law,'' a phrase intended to incorporate all relevant Supreme Court opinions, including U.S. v. Virginia, 116 S. Ct. 2264 (1996), as proposed by the Senate. The House bill contained no similar provision. The conferees intend that this provision does not require local educational agencies to use title VI funds only for gender equity activities. Class size The conference agreement includes $1,623,000,000 to continue the initiative to reduce class size that was begun in fiscal year 1999. The House bill provided $1,750,000,000 for the Teacher Empowerment Act, subject to authorization. The Senate bill provided $3,100,000,000 for activities to improve teacher quality, reduce class size, and renovate school facilities and to carry out activities under title VI of the Elementary and Secondary Education Act of 1965. The conference agreement provides that the allocation of funds under section 306 to the States shall be based on the proportional share that each State received from the fiscal year 1999 appropriation for class size reduction. States will continue to allocate their grant funds among local educational agencies based on a formula that reflects both their relative numbers of children in low-income families and their school enrollments. Local educational agencies would use funds for recruiting, hiring and training fully qualified regular and special education teachers who are certified within the States, have a baccalaureate degree and demonstrate subject matter knowledge in their content areas. Twenty five percent of these funds may be used by local educational agencies to test new teachers for academic content knowledge, to meet State certification requirements, or to provide professional development for existing teachers. In addition, local educational agencies may use these funds for carrying out activities authorized under section 2210 of the Elementary and Secondary Education Act of 1965 (the Eisenhower Professional Development program); mentoring programs for new teachers; providing opportunities for teachers to attend multi-week institutes, such as those provided in the summer months, that provide intensive professional development in partnership with local educational agencies; and carrying out initiatives to promote the retention of highly qualified teachers who have a record of success in helping low- achieving students improve their academic success. Such activities shall have the goal of ensuring that all instructional staff are fully qualified. A local educational agency that has already reduced class size in the early grades may use its funds to make further reductions in grades kindergarten through 3 or other grades, or carry out activities to improve teacher quality. A local educational agency in which 10 percent or more of its elementary teachers have not met applicable State and local certification requirements (including certification through State or local alternative routes), or if such requirements have been waived, may use 100 percent of funds under this program for the purpose of helping those teachers become certified or to help teachers who lack sufficient content knowledge to teach effectively in the areas they teach to obtain that knowledge. A local educational agency must notify the State educational agency of the percentage of funds it will use for these purposes. A local educational agency that receives an award under this section that is less than the starting salary for a new teacher may use these funds to help pay the salary of a teacher or pay for professional development activities to ensure that all the instructional staff are fully qualified. To improve accountability, the conference agreement maintains language included as part of last year's appropriations law requiring that each State and local educational agency receiving funds publicly report to parents on their progress in reducing class size and in increasing the percentage of classes in core academic areas taught by fully qualified teachers, and on the impact that such activities have had on increasing student academic achievement. Parents, upon request, will also have the right to know the professional qualifications of their children's teachers. The conference agreement requires the Secretary of Education to inform local educational agencies of the additional flexibility provided to local educational agencies in which more than 10 percent of their teachers are not fully qualified to spend all of these funds on professional development activities. The conferees also intend that the Secretary notify local educational agencies of the flexibility provisions already incorporated into the class size reduction initiative, including the ability of local educational agencies to use up to 25 percent of local educational agency allocations on professional development activities; to spend funds on professional development for existing teachers if the local educational agency receives an award that is less than the starting salary for a new fully qualified teacher; and to spend funds to reduce class sizes in other grades or to improve teacher quality if the local educational agency has already reduced class sizes in the early grades to 18 or fewer children. School renovation The conference agreement includes $1,200,000,000 for grants to local educational agencies for emergency school renovation and repair activities; activities under part B of the Individuals with Disabilities Education Act (IDEA); and technology activities. The House bill provided no funding for this activity. The Senate bill provided $3,100,000,000 for activities to improve teacher quality, reduce class size, renovate school facilities and to carry out activities under title VI of the Elementary and Secondary Education Act of 1965. The conference agreement provides $75,000,000 of the $1,200,000,000 for formula grants to local educational agencies with at least 50 percent of their student population living on Native American or Native Alaskan lands. These funds may be used for school renovations and repairs, as well as new construction activities, which may include construction of new facilities for specialized programs such as vocational-technical education and the installation of plumbing, sewage and electrical systems. For some of the schools in these local educational agencies, new construction may represent a more prudent use of resources than the repair or renovation of existing structures. The conference agreement provides $3,250,000 of the $1,200,000,000 for grants to local educational agencies in outlying areas for the renovation and repair of high-need schools. The conference agreement provides $25,000,000 for a new Charter Schools Facilities Financing Demonstration Program authorized as subpart 2 of part C of title X of the Elementary and Secondary Education Act (ESEA). Charter schools are break-the-mold public schools that are free of bureaucratic red tape, and accountable for academic results. Many of these innovative schools receive no assistance from their states for capital financing expenses, or at best, only a modest amount of assistance for capital expenses. Furthermore, in most states, charter schools do not have bonding authority or a tax base for capital financing. The Charter School Facilities Financing Demonstration Program would establish a credit enhancement demonstration program for the acquisition, renovation, or construction of public charter schools. Non-profit private entities (including those that benefit Native Alaskans), public entities, or consortia of the two entities would compete for one-time grants to be used to establish reserve funds to leverage private capital. For example, the reserve funds could be used for activities such as guaranteeing bonds, notes, or leases; encouraging private lending; or facilitating the issuance of bonds. The conferees intend that the Secretary of Education widely disseminate information gleaned from these demonstration efforts with a view toward these demonstrations serving as models for replication in states with charter schools. The conference agreement provides that the remaining funds ($1,096,750,000) would be distributed to State educational agencies based on the title I, part A allocations under the Elementary and Secondary Education Act, with a small state minimum of one half of one percent. After allowing for not more than one percent set aside at the state level for administrative expenses, the State educational agency or other entity with jurisdiction over school facilities financing, as the case may be, would distribute 75 percent of the state's funds to local educational agencies through competitive grants for emergency school repair and renovation activities. The state educational agency or other responsible entity would ensure, through a competitive grant process, that high poverty local educational agencies receive, in the aggregate, shares of the state allocation of Federal emergency repair and renovation [[Page H12150]] funds that are proportionate to their share of the state allocation of title I, part A funds. For the purposes of this program high poverty school districts are considered to be those with 30 percent or greater child poverty or 10,000 or greater poor children. The state educational agency or entity would also ensure that rural local educational agencies receive, in the aggregate, shares of the state allocation of Federal emergency repair and renovation funds that are proportionate to their share of title I, part A funds. Each state shall determine which local educational agencies within the state qualify as rural for the purposes of this program. Those local educational agencies eligible to compete for an emergency repair and renovation grant either because of their high poverty status or their rural status, but who do not actually receive a grant, may be considered for a grant from the remaining funds for repair and renovation activities. Additionally, local educational agencies not eligible to receive a grant because of their lack of high poverty or rural status may be considered for a grant from the remaining repair and renovation funds. These funds may be used by local educational agencies to meet the requirements of federal mandates such as the Americans with Disabilities Act, Section 504 of the Rehabilitation Act, and asbestos abatement requirements. Funds may also be used for the renovation, acquisition, and repair of charter schools and for emergency renovations or repairs to public school facilities to ensure the health and safety of students and staff (repairing, replacing, or installing roofs, electrical wiring, plumbing systems, or sewage systems; repairing, replacing, or installing heating, ventilation, or air conditioning systems, including insulation; and bringing schools into compliance with fire and safety codes). The conference agreement clarifies that public charter schools that are considered to be a local educational agency under state law are eligible to compete for renovation and repair funds from the state in the same manner as local educational agencies. In addition, public charter schools that are not considered to be a local educational agency are eligible to receive assistance, in the same manner as a public school, from a local educational agency that is awarded a grant under this section. The conference agreement provides for the equitable participation of non-profit, private elementary and secondary schools in repair and renovation activities. The eligible non-profit, private elementary and secondary schools would be limited to those schools with a child poverty rate of 40 percent or greater. Private school participation, in general, would be controlled by section 6402 of the Elementary and Secondary Education Act (ESEA), which provides for the equitable participation of children enrolled in non-profit private elementary and secondary schools in the title VI block grant program of ESEA. This provision would allow these schools to receive the following services: (1) modifications of private school facilities in order to meet the standards under the Americans with Disabilities Act; (2) modifications of private school facilities to meet the standards under Section 504 of the Rehabilitation Act; and (3) asbestos abatement or removal from such school facilities. The conference agreement includes a prohibition on using federal emergency repair and renovation funds to supplant state and local funds available for repair and renovation. However, federal funds used for compliance with the Americans with Disabilities Act and Section 504 of the Rehabilitation Act would not be subject to a supplement, not supplant requirement. While schools are required to make facilities modifications to ensure accessibility and should have already made these modifications, it is most important that these modifications be made. Minimizing the restrictions placed upon federal funds for these purposes can help ensure that school buildings become accessible to disabled individuals. The conference agreement also provides for flexibility in the use of funds by local educational agencies. State educational agencies would distribute 25 percent of the funds they receive to local educational agencies through a competitive grant process for activities under part B of IDEA, technology activities, or both IDEA and technology activities. State educational agencies would base the grant awards for IDEA activities upon the need of a local educational agency for additional funds due to substantially high costs associated with serving a child with a disability; the costs of special education and related services, including transportation as needed to assist a child with a disability to benefit from special education; the costs of assistive technology devices and services, and the costs associated with helping children with disabilities progress toward state performance goals and indicators. State educational agencies would base the technology grant awards upon the need of a local educational agency for additional funds for technology activities carried out in connection with school repair and renovation, including wiring; acquiring hardware and software; acquiring connectivity linkages and resources; and acquiring microwave, fiber optics, cable, and satellite transmission equipment. Under the conference agreement, local educational agencies choose whether to apply for an IDEA grant, a technology grant, or both categories of grants. Local educational agencies that receive competitive grants for activities authorized under part B of IDEA would be required to use the grant funds in compliance with the provisions of that part. This requirement includes providing for the participation of private school children eligible for IDEA services. Technology activities would be for technology activities carried out in connection with school repair and renovation and include wiring; acquiring hardware and software; acquiring connectivity linkages and resources; and acquiring microwave, fiber optics, cable, and satellite transmission equipment. Safe and drug free schools The conference agreement includes $644,250,000 for the Safe and Drug Free Schools and Communities Act instead of the $599,250,000 as proposed by the House and $642,000,000 as proposed by the Senate. Included within this amount is $439,250,000 for state grants as proposed by the House and $447,000,000 as proposed by the Senate. The agreement also includes $155,000,000 for national programs instead of $145,000,000 as proposed by the Senate and $110,000,000 as proposed by the House. Within this amount, the conferees include $117,000,000 to support the Safe Schools/Healthy Students initiative. Within the funds for national programs, the agreement also provides $10,000,000 to remain available until expended for Project School Emergency Response to Violence to provide services to local educational agencies in which the learning environment has been disrupted due to a violent or traumatic crisis. Reading is fundamental For the Reading is Fundamental program, the conference agreement provides $23,000,000 as proposed by the Senate instead of $21,000,000 as proposed by the House. Arts in education For Arts in Education, the conference agreement includes $28,000,000 instead of $16,500,000 as proposed by the House and $18,000,000 as proposed by the Senate. The conferees provide that within this total, $6,500,000 is for VSA arts, $5,500,000 is for the John F. Kennedy Center for the Performing Arts, $2,000,000 is to be used to continue a youth violence prevention initiative, and $10,000,000 is to be used for the Secretary to make grants to school districts, state educational agencies, institutions of higher education and/or state and local non-profit arts organizations for activities authorized under subpart 1 of the Arts in Education program, particularly for supporting model projects and programs that integrate arts education into the regular elementary and secondary school curriculum and that provide for the development of model preservice and inservice professional development programs for arts educators and other instructional staff. In addition, $2,000,000 is for model professional development programs for music educators and $2,000,000 is for activities authorized under subpart 2 of the Arts in Education program. Education for homeless children and youth The conference agreement includes $35,000,000 for Education for Homeless Children and Youth instead of $32,000,000 as proposed by the House and $31,700,000 as proposed by the Senate. Education of Native Hawaiians The conference agreement includes $28,000,000 for the Education of Native Hawaiians as proposed by the Senate instead of $23,000,000 as proposed by the House. When making awards for this program, the Department should provide: $6,500,000 for curricula development, teacher training, and recruitment programs, including native language revitalization (for which the conferees encourage priority to be given to the University of Hawaii at Hilo Native Language College), aquaculture, prisoner education initiatives, waste management, computer literacy, big island astronomy, and indigenous health programs; $1,600,000 for community-based learning centers; $3,200,000 for the native Hawaiian higher education program; $500,000 for the native Hawaiian education councils; and $10,900,000 for family based education centers, including early childhood education for native Hawaiian children. If the Department proposes to provide 10% less than the stated amounts for any activity within this program, it must notify the House and Senate Committees on Appropriations at least 90 days prior to the end of the fiscal year. Alaska Native educational equity The conference agreement includes $15,000,000 for the Alaska Native Educational Equity program as proposed by the Senate instead of $13,000,000 as proposed by the House. From the increase in funds provided over the fiscal year 2000 level, $1,000,000 shall be for the Alaska Humanities Forum for operation of the Rose student exchange program and $1,000,000 shall be for the Alaska Native Heritage Center for support of its cultural education programs. Charter schools The conference agreement includes $190,000,000 for Charter Schools instead of $175,000,000 as proposed by the House and $210,000,000 as proposed by the Senate. READING EXCELLENCE The conference agreement includes $286,000,000 for activities authorized under the Reading Excellence Act as proposed by the Senate instead of $260,000,000 as proposed by the House. The agreement provides $91,000,000 in fiscal year 2001 and $195,000,000 in fiscal year 2002 funding for this account. INDIAN EDUCATION The conference agreement includes $115,500,000 for Indian Education as proposed [[Continued on page H12151]]

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