Table Of Content

W m /mi ^ h&Wto tSf*t* Calendar No. 662 102d Congress Report 2dSession 1 SENATE f 102_397 DEPARTMENTS OF LABOR, HEALTH AND HUMAN SERV- ICES, AND EDUCATION AND RELATED AGENCIES AP- PROPRIATION BILL, 1993 September 10 (legislative day, September8), 1992.—Orderedtobe printed Mr. Harkin, from the Committee on Appropriations, submitted the following REPORT [To accompanyH.R. 5677] The Committee on Appropriations, to which was referred the bill (H.R. 5677) making appropriations for the Departments of Labor, Health and Human Services, and Education and related agencies for the fiscal year ending September 30, 1993, and for other purposes, reports the same to the Senate with various amendments and presents herewith information relative to the changes recommended. Amount ofbudget authority *Amount ofHouse bill $240,360,387,000 Amount ofSenate bill over House bill +512,787,000 Total bill as reported to Senate 240,873,174,000 Amount ofadjusted appropriations, 1992 219,036,041,000 Budget estimates, 1993 240,406,973,000 The Dili as reported to the Senate: Over the adjusted appropriations for 1992 +21,837,133,000 Over the budget estimates for 1993 +466,201,000 58-801cc CONTENTS Budget—estimates 4 Title I DepartmentofLabor: Employment andTrainingAdministration 8 Labor-ManagementStandards 19 Pension andWelfare BenefitsAdministration 20 PensionBenefit Guaranty Corporation 20 Employment Standards Administration 22 OccupationalSafety andHealthAdministration 25 Mine Safety andHealthAdministration 27 Bureau ofLaborStatistics 28 Departmental management 30 Off—ice ofthe InspectorGeneral 32 Title II DepartmentofHealth andHuman Services: Acquiredimmune deficiency syndrome 36 HealthResources andServices Administration 38 Centers forDisease Control 55 National Institutes ofHealth 73 Substance Abuse andMentalHealth ServicesAdministration 146 Office ofthe Assistant Secretary forHealth 152 Health Care FinancingAdministration 158 SocialSecurityAdministration 165 Administration for Children andFamilies 170 Depa—rtmental management 189 Title III DepartmentoiEducation: Compensatory education forthe disadvantaged 191 Impact aid 195 Schoolimprovement programs 198 America 200 excellence ineducation 207 Bilingual, immigrant and refugee education 207 Special education 209 Rehabilitation services andhandicappedresearch 215 Specialinstitutions forpersons with disabilities 222 NationalTechnicalInstitute forthe Deaf 222 GallaudetUniversity 223 Vocational and adulteducation 224 Student financial assistance 230 Guaranteed student loans 234 Highereducation 239 HowardUniversity 251 Collegehousing and academicfacilities loans 252 Education research, statistics, andimprovement 254 Libraries • 261 Departmental management 264 Office forCivilRights 265 Offi—ceofthe InspectorGeneral 265 Title IV Related agencies: ACTION 267 CorporationforPublic Broadcasting 269 Federal Mediation and ConciliationService 270 Federal Mine Safety andHealthReview Commission 270 National CommissiononAcquiredImmune DeficiencySyndrome 270 National Commissionon Libraries and Information Science 271 White Conference on Library andInformationServices 271 National Commissionto Prevent InfantMortality 272 National Council on Disability 272 (2) 3 Page — — Title IV Relatedagencies Continued National LaborKelations Board 272 NationalMediation Board 273 OccupationalSafetyandHealthReview Commission 273 Physician PaymentReview Commission 273 Prospective PaymentAssessment Commission 274 RailroadRetirement Board 274 Soldiers' andAirmen'sHome 276 U.S. Institute ofPeace 276 U.S. NavalHome 277 Budgetaryimpactofbill 278 Compliance with standingrules ofthe Senate 278 Comparative statementofnewbudget authority 280 Summary of Budget Estimates and Committee Recommendations For fiscal year 1993, the Committee recommends total current year budget authority of $240,873,174,000 for the Department of Labor, Health and Human Services, Education, and Related Agen- cies. Of this amount, $61,670,000,000 is discretionary and $179,203,174,000 is mandatory funding. The discretionary amount represents a 2-percent increase over the fiscal year 1992 level, while mandatory funding represents an increase of 13 percent. The bill total, including subsequent year advances, is $245,027,298,000. ALLOCATION CEILING Consistent with Budget Committee scorekeeping, the recommendations result in full use ofdiscretionary outlays and discretionary budget authority pursuant to section 602(b) ofthe Congres- sional Budget Act of 1974, as amended. Highlights of the Bill — Job trainingprograms. $4,295,429,000 is included for Labor De- artment training and employment services. This includes 571,216,000 for dislocated worker assistance. The amount of $958,722,000 is recommended for the Job Corps. Employment of older Americans.—$395,181,000 is included for the employment of older Americans. This program provides jobs for low-income persons aged 55 and over in a variety of community service activities. This is $52,367,000 more than the President's request. National Institutes of Health.—$10,374,926,000 is included for the National Institutes of Health, a $303,359,000 increase over last year. — Tuberculosis elimination grants. The Committee has provided $40,000,000 in funding for tuberculosis elimination grants, an increase of$24,679,000 over fiscal year 1992, and $5,000,000 over the President. In view ofthe growing incidences of multidrug resistant TB, the Committee has also provided an additional $40,000,000 to be made available upon the declaration of a Presidential emergency. Prostate cancer.—The Committee has provided $39,976,000 in research funding, a 33-percent increase, and $1,000,000 to begin a screening program for prostate cancer. Alzheimer's.—The Committee has included $303,503,000 for Alz- heimer's disease research and care, $10,000,000 more than requested by the administration. Women's health.—The Committee has included $220,000,000 for breast cancer research, the full professional judgment budget and an increase of $87,334,000 over last year. $42,225,000 is included (4) 5 for cervical cancer and $25,372,000 is included for ovarian cancer, one-third more th—an lastvear. Immunization. The Committee has provided $344,293,000 for immunization, an increase of—$47,649,000 over fiscal year 1992. Lead poisoning prevention. The Committee has included an increase of $8,698,000 over fiscal year 1992, to provide a total of $30,000,000 for this program in fiscal year 1993. AIDS.—$2,112,843,000 is included for public health service program activities associated with aids. This is a $150,207,000 increase over the—levels provided in 1992. Rural health. The Committee has provided over $480,000,000 in funding for rural health programs such as the National Health Service Corps, rural health transition grants, rural health out- reach, and rural health research and in health professions funding. In addition, $602,277,000 is provided for community and migrant health centers, many ofwhich are in rural are—as. Health professions and nursing education. The Committee has fully restored funding for health professions and nursing education programs. The sum of $268,719,000 is provided to train essential health care p—roviders. Homeless. The Committee recommends over $179,000,000 for programs authorized under the Stuart B. McKinney Act. This is $3,199,000 over the request. — Drug and alcohol treatment and research. Over $2,870,000,000 is provided for treatment, education, and research programs to combat substance abuse. — Low-Income Home Energy Assistance Program. $1,356,905,000 is provided for the Low-Income Home Energy Assistance Program and $600,000,000 in an emergency fund. Also, $1,449,000,000 is provided for the 9-month transition period to a new program year as required by law. — Child care. The Committee recommends the fully authorized level of$975,000,000 fo—r child care block grants to States. Community services. The Committee has included $380,000,000 for the community services block grant, a 6-percent increase over the current level; the administration had proposed elimination of this program. — Chapter 1. The Committee recommendation provides $6,760,368,000 for chapter 1, or $64,689,000 more than the amount provided in 19—92. Head Start. Recognizing that early intervention programs work, the Committee has provided $2,801,800,000 for the Head Start Pro- gram, an increase of$600,000,000 over fiscal year 1992. Student financial aid.—The bill includes $7,427,928,000 for student financial aid, an increase of $530,698,000 or 8 percent. The Committee restores the President's cuts in campus-based programs and provides increases as well. Supplemental educational oppor- tunity grants increase by $25,000,000 over fiscal year 1992. The work-study program increases by $20,000,000 and State student in- centive grants rise by $3,000,000. The Perkins Loan Program is funded at a level sufficient to maintain the current loan volume. Although the Committee is providing a 9-percent increase for the Pell Grant Program, it is unable to both serve the increasing number of applicants and maintain the current maximum award level. 6 The Committee is, therefore, reducing the maximum award from $2,400 to $2,300. — Education of individuals with disabilities. Special education programs receive a 7-percent increase overall. The Grants for In- fants and Families Program receives an additional $60,000,000 to assist States facing a fiscal crisis to stay in the program and to provide awards to those States making progress toward full implementation. — Rehabilitation services. Rehabilitation programs receive a 6-percent increase overall. These programs are critical to ensure that the promises of the Americans with Disabilities Act become a re- ality for individuals with disabilities seeking employment. Reprogramming and Initiation of New Programs Reprogramming is the utilization of funds for purposes other than those contemplated at the time of appropriation enactment. Reprogramming actions do not represent requests for additional funds from the Congress, rather, the reapplication of resources al- ready available. The Committee has a particular interest in approving repro- grammings which, although they may not change either tne total amount available in an account or any of the purposes for which the appropriation is legally available, represent a significant depar- ture from budget plans presented to the Committee in an agency's budgetjustifications. Consequently, the Committee directs that the departments and agencies funded through this bill make a written request to the chairman ofthe Committee prior to reprogramming offunds in ex- cess of 10 percent or $250,000, whichever is less, between programs, activities, or elements. The Committee desires to have the requests for reprogramming actions which involve less than the above-mentioned amounts if such actions would have the effect of changing an agency's funding requirements in future years if programs or projects specifically cited in the Committee's reports are affected or if the action can be considered to be the initiation of a new program. Prior Committee notification is required for actions requiring the use of general transfer authority, or which move funds between appropriations accounts. The Committee also wishes to be notified regarding reorganization of offices, programs, or activities prior to the planned implementation of such reorganiza- tions. Finally, the Committee requests that each department and agency submit to the Committee by February 1, 1993, their internal in- struction necessary to implement this reprogramming authority. ADMINISTRATIVE COST SAVINGS AND BUDGETING The Committee has reduced requested funding in order to implement a personnel freeze. Funding is provided only to maintain in fiscal year 1993 the same number of full-time equivalent positions in total for each department as existed at the end of fiscal year 1992. Mandatory increases necessary to annualize the cost of positions, to pay cost-of-living adjustments and necessary retirement benefits are included in the recommended levels. The Committee has provided an exception to this policy only in those cases where specific positions are added and funded by the Committee, and when employee salaries are reimbursed by other organizations. The Committee has also required that for every two vacancies that occur during fiscal year 1993, only one ofthose vacancies may be filled. To accomplish this policy, the Committee has made the funding reductions that will result from this initiative. In those instances where positions have been specifically added by the Committee, the one-for-two hiring restriction will not apply until the positions have been filled, after which these positions will be subject to the hiring restrictions. The hiring restrictions would not apply to any positions qualifying as ceiling-exempt, or any special training program positions with limited appointments not to exceed 2 years. The total savings that result from the full-time equivalent employment freeze and the proviso permitting only one out of every two positions that become vacant to be filled saves $324,633,000. An absolute freeze of every administrative and executive direction line in the budget would only save $179,120,000. Finally, the Committee has included language that will require all the departments and agencies to include in their budget submis- sions for each appropriations account and organizational entity a separate request for administrative expenses. TITLE I—DEPARTMENT OF LABOR Employment and Training Administration PROGRAM ADMINISTRATION Appropriations, 1992 $128,299,000 Budgetestimate, 1993 136,295,000 House allowance 132,030,000 Committeerecommendation 134,012,000 The Committee recommends an appropriation of $76,227,000 from the general fund of the Treasury for program administration. This amount is $3,562,000 more than the comparable amount for fiscal year 1992, $1,502,000 less than the budget request, and $725,000 less than the House allowance. The Committee also recommends a trust fund limitation of $57,785,000 for fiscal year 1993, which is $781,000 less than the budget request and $2,707,000 more than the House allowance. The recommendation provides for 1,708 full-time equivalent [FTE] staff, 14 less than the amount of the request and the same amount as is available for fiscal year 1992. Of the total amount recommended, the general revenue portion provides for the Federal staff costs of the Employment and Train- ing Administration for the direction and operation of the employment and training programs authorized under the Job Training Partnership Act, as amended; the Older Americans Act of 1965, as amended; and the National Apprenticeship Act of 1937. The unemployment trust fund provides for Federal staff costs related to employment service functions under title III ofthe Social Security Act of 1935, as amended; and the Immigration and Nationality Act, as amended. Federal staff costs for activities related to employment service functions under the Wagner-Peyser Act, as amended, are split 97 percent to 3 percent, respectively, between unemployment trust funds and general revenues. The Committee recommends built-in increases of $4,871,000 for pay, benefits, and workmen's compensation, as well as nonpersonnel costs for rent and administrative support. In addition the Committee concurs with the administration's request for transfer of 13 FTE and funding for statutory programs from the Bureau of Labor-Management Relations to the "Program administration" account ofthe Employment and Training Adminis- tration. These programs, which include certification activities related to the Urban Mass Transportation Act, are deemed more appro- priate to the Employment and TrainingAdministration. (8) 9 TRAINING AND EMPLOYMENT SERVICES Appropriations, 1992 $4,216,918,000 Budgetestimate, 1993 4,136,465,000 House allowance 4,213,736,000 Committeerecommendation 4,295,429,000 The Committee recommends an appropriation of $4,295,429,000 for training and employment services. This is $158,964,000 more than the budget request and $81,693,000 more than the House allowance. This account is comprised of programs designed to enhance the employment and earnings of economically disadvantaged and dislocated workers, operated through a decentralized system of skill training and related services as primarily authorized by the Job Training Partnership Act. This appropriation is forward-funded on a July-to-June cycle. Funds provided for fiscal year 1993 will support the program from July 1, 1993, through June 30, 1994. Amendments to the Job Training Partnership Act were recently enacted, which provide separate grant programs of assistance to adults and youth who were formerly served under the block grant. A total of$1,755,749,000 is p—rovided for these programs. Adult Training Program. The Adult Training Program gives Governors primary responsibility for an array ofjob training and employment services in their States directed to assisting economically disadvantaged adults. The private sector has an important role in oversight, planning, and decisionmaking, as well as operation ofprograms at the local level. This new program is designed to insure high-quality, comprehensive training and services to its clients. The $1,053,000,000 recommendation will provide approxi- mately 288,000 new partici—pants during program year 1993. Youth Training Program. The Youth Training Program, like the new program directed toward adults, gives Governors primary responsibility for an array ofjob training and employment services in their States directed to assisting economically disadvantaged in- school and out-of-school youth. This new program is designed to enhance the educational and occupational skills of youth, improve their employment, earnings, and long-term employability, reduce welfare dependency, and assist them in addressing problems which impair their ability to make successful transitions from school to work. The $702,300,600 recommendation will provide approxi- mately 240,000 new participants during program year 1993. The Committee remains concerned over continuing reports of ex- cessive on-the-job training payments. As in the past, the Commit- tee urges the Department to take necessary steps to curtail waste- ful spending, using the savings to serve greater numbers of disadvantaged—individuals that would otherw—ise be possible. Title II-B summeryouth employment. The Summer Youth Em- ployment and Training Program provides jobs for economically disadvantaged youth during the summer months. The Committee recommendation is $778,207,000. The total is $102,124,000 over the House allow—ance. — Title III dislocated worker assistance. The Committee recommends $571,216,000 for dislocated worker programs, which is $28,230,000 over the budget request, $5,770,000 less than the fiscal year 1992 funding level, and the same as the House allowance. 10 This amount is comprised of $521,216,000 for JTPA title III dislocated worker assistance and $50,000,000 for employment transition assistance under the Clean Air Act. An estimated 256,000 new participants are expected to be served. Title III of JTPA includes components to promote early identification of dislocated workers, the rapid provision ofservices to such workers, and emphasizes the provision ofquality training to them. The Committee expects the Department to process applications for emergency discretionary grants in an expeditious manner. The Committee continues to be concerned about job dislocations resulting from the interruption in the supply of natural resources, raw materials, or goods required for manufacturing as a result of the listing of any species under the Endangered Species Act of 1973. In Oregon and Washington, the forest products and fisheries industries face future losses of tens of thousands ofjobs resulting from changes in Federal environmental policies. In the last 2V2 years, Oregon lost an estimated 17,000 full-time jobs in the forest products industry alone. Because of the nature ofthese industries, the impact ofjob losses will fall most heavily on small communities and rural counties, many of which are almost entirely dependent upon the affected industries for their employment and revenue base. The Committee, therefore, urges the Department to continue to give expeditious consideration to applications for emergency assistance from States with affected communities. The Secretary also is encouraged to provide technical assistance when requested, to frant the necessary regulatory flexibility and to support innovative emonstration programs to facilitate the delivery of readjustment services to workers residing in heavily impacted rural communities. The Committee encourages that, from the funds available under the Defense Conversion Adjustment Program, the program provide $300,000 to fund the Premilitary Development Program at Mis- sissippi Gulf Coast Community College for its expansion and conversion into a career development institute for military and civilian employment. The institute will provide a regional, multistate career development program to enable underemployed, unemployed, and individuals on welfare to qualify for full-time career opportuni- ties. The Committee is encouraged by the results ofthe demonstration project entitle "New Beginnings" funded through the Women's Bu- reau of the Department of Labor. This $10,000 pilot project in the timber-dependent community of Forks, WA, provided a 10-week program for women, assisting them in making future educational and employment choices. Testimony before the Committee indi- cated that 23 of the 25 enrollees obtained employment or entered further vocational training after completing the program. In light of the program's demonstrated success, and evidence that other women in timber communities in the Pacific Northwest are eager to receive such assistance, the Committee strongly recommends that the Department of Labor utilize the expertise of the Women's Bureau to continue and expand New Beginnings in Forks, WA, to add Grays Harbor, Skamania, and Pend Oreille Counties to the program, and to identify four similar timber communities in the State of Oregon for participation. The Committee recommends that