Departments of Labor, Health and Human Services, and Education and related agencies appropriation bill, 1993 : report (to accompany H.R. 5677)

344 Pages·1992·23.6 MB·English

by  United States. Congress. Senate. Committee on Appropriations

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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 pur-
poses, reports the same to the Senate with various amendments
and presents herewith information relative to the changes rec-
ommended.
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
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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 rec-
ommendations result in full use ofdiscretionary outlays and discre-
tionary 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 re-
quest.
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 in-
crease 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 emer-
gency.
Prostate cancer.—The Committee has provided $39,976,000 in re-
search 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 re-
quested 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
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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 in-
crease 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 pro-
gram activities associated with aids. This is a $150,207,000 in-
crease 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 stu-
dent 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 num-
ber 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 pro-
vide awards to those States making progress toward full implemen-
tation. —
Rehabilitation services. Rehabilitation programs receive a 6-per-
cent 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 pro-
grams, 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 pro-
grams 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 ac-
tivities prior to the planned implementation of such reorganiza-
tions.
Finally, the Committee requests that each department and agen-
cy 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 imple-
ment 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 posi-
tions, 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 spe-
cial training program positions with limited appointments not to
exceed 2 years.
The total savings that result from the full-time equivalent em-
ployment 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 employ-
ment 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 unem-
ployment trust fund provides for Federal staff costs related to em-
ployment 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 re-
quest 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 relat-
ed to the Urban Mass Transportation Act, are deemed more appro-
priate to the Employment and TrainingAdministration.
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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 al-
lowance.
This account is comprised of programs designed to enhance the
employment and earnings of economically disadvantaged and dis-
located 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 sup-
port 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 economi-
cally disadvantaged adults. The private sector has an important
role in oversight, planning, and decisionmaking, as well as oper-
ation 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 re-
sponsibility 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 en-
hance 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 dis-
advantaged—individuals that would otherw—ise be possible.
Title II-B summeryouth employment. The Summer Youth Em-
ployment and Training Program provides jobs for economically dis-
advantaged youth during the summer months. The Committee rec-
ommendation is $778,207,000. The total is $102,124,000 over the
House allow—ance. —
Title III dislocated worker assistance. The Committee rec-
ommends $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 dis-
located worker assistance and $50,000,000 for employment transi-
tion 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 assist-
ance 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 con-
version into a career development institute for military and civilian
employment. The institute will provide a regional, multistate ca-
reer 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