PUBLIC LAW 106–554—DEC. 21, 2000 114 STAT. 2763 *Public Law 106–554 106th Congress An Act Making consolidated appropriations for the fiscal year ending September 30, 2001, Dec. 21, 2000 and for other purposes. [H.R. 4577] Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, Consolidated Appropriations SECTION 1. (a) The provisions of the following bills of the Act, 2001. 106th Congress are hereby enacted into law: Incorporation by (1) H.R. 5656, as introduced on December 14, 2000. reference. (2) H.R. 5657, as introduced on December 14, 2000. (3) H.R. 5658, as introduced on December 14, 2000. (4) H.R. 5666, as introduced on December 15, 2000, except that the text of H.R. 5666, as so enacted, shall not include section 123 (relating to the enactment of H.R. 4904). (5) H.R. 5660, as introduced on December 14, 2000. (6) H.R. 5661, as introduced on December 14, 2000. (7) H.R. 5662, as introduced on December 14, 2000. (8) H.R. 5663, as introduced on December 14, 2000. (9) H.R. 5667, as introduced on December 15, 2000. (b) In publishing this Act in slip form and in the United Publication. States Statutes at Large pursuant to section 112 of title 1, United 1 USC 112 note. 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 Transpor- tation 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 informa- tion required by that section, the Director of the Office of Manage- ment and Budget shall change any balance of direct spending * See Endnote on 114 Stat. 2764. VerDate 27-APR-2000 09:11 Feb 16, 2001 Jkt 089139 PO 00000 Frm 00001 Fmt 9791 Sfmt 6581 W:\PUBLAW\PUBL554.106 ofrpc45 PsN: ofrpc45 114 STAT. 2764 PUBLIC LAW 106–554—DEC. 21, 2000 and receipts legislation for fiscal year 2001 under section 252 of that Act to zero. (c) This Act may be cited as the ‘‘Consolidated Appropriations Act, 2001’’. Approved December 21, 2000. LEGISLATIVEHISTORY—H.R. 4577 (S. 2553): HOUSE REPORTS: Nos. 106–645 (Comm. on Appropriations) and 106–1033 (Comm. of Conference). SENATE REPORTS: No. 106–293 accompanying S. 2553 (Comm. on Appropria- tions). CONGRESSIONAL RECORD, Vol. 146 (2000): June 8, 12–14, considered and passed House. June 22, 23, 26–30, considered and passed Senate, amended. Dec. 15, House and Senate agreed to conference report. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 36 (2000): Dec. 21, Presidential remarks and statement. *ENDNOTE: The following appendixes were added pursuant to the provisions of section 1 of this Act (114 Stat. 2763). Æ VerDate 27-APR-2000 07:52 Feb 16, 2001 Jkt 089139 PO 00000 Frm 00002 Fmt 9790 Sfmt 6580 W:\PUBLAW\PUBL554.106 ofrpc45 PsN: ofrpc45 PUBLIC LAW 106–554—APPENDIX 114 STAT. 2763A–1 TABLE OF CONTENTS The table of contents is as follows: APPENDIX A—H.R. 5656 APPENDIX B—H.R. 5657 APPENDIX C—H.R. 5658 APPENDIX D—H.R. 5666 APPENDIX D–1—S. 2273 APPENDIX D–2—S. 2885 APPENDIX E—H.R. 5660 APPENDIX F—H.R. 5661 APPENDIX G—H.R. 5662 APPENDIX H—H.R. 5663 APPENDIX I—H.R. 5667 VerDate 27-APR-2000 07:52 Feb 16, 2001 Jkt 089139 PO 00000 Frm 00003 Fmt 6580 Sfmt 6581 W:\PUBLAW\PUBL554.106 ofrpc45 PsN: ofrpc45 VerDate 27-APR-2000 07:52 Feb 16, 2001 Jkt 089139 PO 00000 Frm 00004 Fmt 6580 Sfmt 6581 W:\PUBLAW\PUBL554.106 ofrpc45 PsN: ofrpc45 PUBLIC LAW 106–554—APPENDIX A 114 STAT. 2763A–3 APPENDIX A—H.R. 5656 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 Stand- ards Act of 1994; $3,207,805,000 plus reimbursements, of which $1,808,465,000 is available for obligation for the period July 1, 2001 through June 30, 2002; of which $1,377,965,000 is 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 construc- tion, 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 sec- tions 171(b)(2)(A) and 171(c)(4)(A) of such Act: Provided further, That funding appropriated herein for Dislocated Worker Employ- ment and Training Activities under section 132(a)(2)(A) of 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 VerDate 27-APR-2000 07:52 Feb 16, 2001 Jkt 089139 PO 00000 Frm 00005 Fmt 6580 Sfmt 6581 W:\PUBLAW\PUBL554.106 ofrpc45 PsN: ofrpc45 114 STAT. 2763A–4 PUBLIC LAW 106–554—APPENDIX A Act: Provided further, That of the funds made available for Job Corps operating expenses in the Department of Labor Appropria- tions 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 Telecommuni- cations Call Center Training Consortium for training in tele- communications-related occupations. For necessary expenses of the Workforce Investment Act, including the purchase and hire of passenger motor vehicles, 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 reimburse- ments, 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 adminis- trative expenses under part II, subchapters B and D, chapter 2, title II of the Trade Act of 1974, as amended, $406,550,000, 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 VerDate 27-APR-2000 07:52 Feb 16, 2001 Jkt 089139 PO 00000 Frm 00006 Fmt 6580 Sfmt 6581 W:\PUBLAW\PUBL554.106 ofrpc45 PsN: ofrpc45 PUBLIC LAW 106–554—APPENDIX A 114 STAT. 2763A–5 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 Unemploy- ment 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 enti- ties: 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 Insur- ance automation efforts, notwithstanding cost allocation principles prescribed under Office of Management and Budget Circular A– 87. ADVANCES TO THE UNEMPLOYMENT TRUST FUND AND OTHER FUNDS For repayable advances to the Unemployment Trust Fund as authorized by sections 905(d) and 1203 of the Social Security Act, as amended, and to the Black Lung Disability Trust Fund as authorized by section 9501(c)(1) of the Internal Revenue Code of 1954, as amended; and for nonrepayable advances to the Unemploy- ment Trust Fund as authorized by section 8509 of title 5, United States Code, and to the ‘‘Federal unemployment benefits and allow- ances’’ account, to remain available until September 30, 2002, $435,000,000. In addition, for making repayable advances to the Black 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 pro- grams, $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. VerDate 27-APR-2000 07:52 Feb 16, 2001 Jkt 089139 PO 00000 Frm 00007 Fmt 6580 Sfmt 6581 W:\PUBLAW\PUBL554.106 ofrpc45 PsN: ofrpc45 114 STAT. 2763A–6 PUBLIC LAW 106–554—APPENDIX A 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 Corpora- tion 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 nonadministrative 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 process- ing 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 VerDate 27-APR-2000 07:52 Feb 16, 2001 Jkt 089139 PO 00000 Frm 00008 Fmt 6580 Sfmt 6581 W:\PUBLAW\PUBL554.106 ofrpc45 PsN: ofrpc45 PUBLIC LAW 106–554—APPENDIX A 114 STAT. 2763A–7 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 mis- cellaneous 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 the Treasury, for expenses of operation and administration of the Black Lung Benefits program as authorized VerDate 27-APR-2000 07:52 Feb 16, 2001 Jkt 089139 PO 00000 Frm 00009 Fmt 6580 Sfmt 6581 W:\PUBLAW\PUBL554.106 ofrpc45 PsN: ofrpc45 114 STAT. 2763A–8 PUBLIC LAW 106–554—APPENDIX A 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 author- ized, during the fiscal year ending September 30, 2001, to collect and retain fees for services provided to Nationally Recognized Test- ing Laboratories, and may utilize such sums, in accordance with the provisions of 29 U.S.C. 9a, to administer national and inter- national 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, admin- ister, 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 Occupa- tional 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 viola- tions 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; VerDate 27-APR-2000 07:52 Feb 16, 2001 Jkt 089139 PO 00000 Frm 00010 Fmt 6580 Sfmt 6581 W:\PUBLAW\PUBL554.106 ofrpc45 PsN: ofrpc45