--H.R.3064--
H.R.3064
One Hundred Sixth Congress
of the
United States of America
AT THE FIRST SESSION
Begun and held at the City of Washington on Wednesday,
the sixth day of January, one thousand nine hundred and ninety-nine
An Act
Making appropriations for the District of Columbia, and for the
Departments of Labor, Health and Human Services, and Education, and Related
Agencies for the fiscal year ending September 30, 2000, 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 District of Columbia, and for the Departments of Labor, Health and Human
Services, and Education, and related agencies for the fiscal year ending
September 30, 2000, and for other purposes, namely:
DIVISION A
DISTRICT OF COLUMBIA APPROPRIATIONS
For programs, projects, or activities in the District of Columbia
Appropriations Act, 2000, provided as follows, to be effective as if it had
been enacted into law as the regular appropriations Act:
An Act
Making appropriations for the government of the District of Columbia
and other activities chargeable in whole or in part against revenues of said
District for the fiscal year ending September 30, 2000, and for other
purposes.
TITLE I--FISCAL YEAR 2000 APPROPRIATIONS
FEDERAL FUNDS
Federal Payment for Resident Tuition Support
For a Federal payment to the District of Columbia for a program to be
administered by the Mayor for District of Columbia resident tuition support,
subject to the enactment of authorizing legislation for such program by
Congress, $17,000,000, to remain available until expended: Provided,
That such funds may be used on behalf of eligible District of Columbia
residents to pay an amount based upon the difference between in-State and
out-of-State tuition at public institutions of higher education, usable at
both public and private institutions of higher education: Provided
further, That the awarding of such funds may be prioritized on the basis
of a resident's academic merit and such other factors as may be authorized:
Provided further, That if the authorized program is a nationwide
program, the Mayor may expend up to $17,000,000: Provided further,
That if the authorized program is for a limited number of States, the Mayor
may expend up to $11,000,000: Provided further, That the District of
Columbia may expend funds other than the funds provided under this heading,
including local tax revenues and contributions, to support such program.
Federal Payment for Incentives for Adoption of Children
For a Federal payment to the District of Columbia to create incentives to
promote the adoption of children in the District of Columbia foster care
system, $5,000,000: Provided, That such funds shall remain available
until September 30, 2001 and shall be used in accordance with a program
established by the Mayor and the Council of the District of Columbia and
approved by the Committees on Appropriations of the House of Representatives
and the Senate: Provided further, That funds provided under this
heading may be used to cover the costs to the District of Columbia of
providing tax credits to offset the costs incurred by individuals in adopting
children in the District of Columbia foster care system and in providing for
the health care needs of such children, in accordance with legislation enacted
by the District of Columbia government.
Federal Payment to the Citizen Complaint Review Board
For a Federal payment to the District of Columbia for administrative
expenses of the Citizen Complaint Review Board, $500,000, to remain available
until September 30, 2001.
Federal Payment to the Department of Human Services
For a Federal payment to the Department of Human Services for a mentoring
program and for hotline services, $250,000.
Federal Payment to the District of Columbia Corrections Trustee
Operations
For salaries and expenses of the District of Columbia Corrections Trustee,
$176,000,000 for the administration and operation of correctional facilities
and for the administrative operating costs of the Office of the Corrections
Trustee, as authorized by section 11202 of the National Capital Revitalization
and Self-Government Improvement Act of 1997 (Public Law 105-33; 111 Stat.
712): Provided, That notwithstanding any other provision of law,
funds appropriated in this Act for the District of Columbia Corrections
Trustee shall be apportioned quarterly by the Office of Management and Budget
and obligated and expended in the same manner as funds appropriated for
salaries and expenses of other Federal agencies: Provided further,
That in addition to the funds provided under this heading, the District of
Columbia Corrections Trustee may use a portion of the interest earned on the
Federal payment made to the Trustee under the District of Columbia
Appropriations Act, 1998, (not to exceed $4,600,000) to carry out the
activities funded under this heading.
Federal Payment to the District of Columbia Courts
For salaries and expenses for the District of Columbia Courts, $99,714,000
to be allocated as follows: for the District of Columbia Court of Appeals,
$7,209,000; for the District of Columbia Superior Court, $68,351,000; for the
District of Columbia Court System, $16,154,000; and $8,000,000, to remain
available until September 30, 2001, for capital improvements for District of
Columbia courthouse facilities: Provided, That of the amounts
available for operations of the District of Columbia Courts, not to exceed
$2,500,000 shall be for the design of an Integrated Justice Information System
and that such funds shall be used in accordance with a plan and design
developed by the courts and approved by the Committees on Appropriations of
the House of Representatives and the Senate: Provided further, That
notwithstanding any other provision of law, all amounts under this heading
shall be apportioned quarterly by the Office of Management and Budget and
obligated and expended in the same manner as funds appropriated for salaries
and expenses of other Federal agencies, with payroll and financial services to
be provided on a contractual basis with the General Services Administration
(GSA), said services to include the preparation of monthly financial reports,
copies of which shall be submitted directly by GSA to the President and to the
Committees on Appropriations of the Senate and House of Representatives, the
Committee on Governmental Affairs of the Senate, and the Committee on
Government Reform of the House of Representatives.
Defender Services in District of Columbia Courts
For payments authorized under section 11-2604 and section 11-2605, D.C.
Code (relating to representation provided under the District of Columbia
Criminal Justice Act), payments for counsel appointed in proceedings in the
Family Division of the Superior Court of the District of Columbia under
chapter 23 of title 16, D.C. Code, and payments for counsel authorized under
section 21-2060, D.C. Code (relating to representation provided under the
District of Columbia Guardianship, Protective Proceedings, and Durable Power
of Attorney Act of 1986), $33,336,000, to remain available until expended:
Provided, That the funds provided in this Act under the heading
`Federal Payment to the District of Columbia Courts' (other than the
$8,000,000 provided under such heading for capital improvements for District
of Columbia courthouse facilities) may also be used for payments under this
heading: Provided further, That in addition to the funds provided
under this heading, the Joint Committee on Judicial Administration in the
District of Columbia may use a portion (not to exceed $1,200,000) of the
interest earned on the Federal payment made to the District of Columbia courts
under the District of Columbia Appropriations Act, 1999, together with funds
provided in this Act under the heading `Federal Payment to the District of
Columbia Courts' (other than the $8,000,000 provided under such heading for
capital improvements for District of Columbia courthouse facilities), to make
payments described under this heading for obligations incurred during fiscal
year 1999 if the Comptroller General certifies that the amount of obligations
lawfully incurred for such payments during fiscal year 1999 exceeds the
obligational authority otherwise available for making such payments:
Provided further, That such funds shall be administered by the Joint
Committee on Judicial Administration in the District of Columbia: Provided
further, That notwithstanding any other provision of law, this
appropriation shall be apportioned quarterly by the Office of Management and
Budget and obligated and expended in the same manner as funds appropriated for
expenses of other Federal agencies, with payroll and financial services to be
provided on a contractual basis with the General Services Administration
(GSA), said services to include the preparation of monthly financial reports,
copies of which shall be submitted directly by GSA to the President and to the
Committees on Appropriations of the Senate and House of Representatives, the
Committee on Governmental Affairs of the Senate, and the Committee on
Government Reform of the House of Representatives.
Federal Payment to the Court Services and Offender Supervision Agency for
the District of Columbia
For salaries and expenses of the Court Services and Offender Supervision
Agency for the District of Columbia, as authorized by the National Capital
Revitalization and Self-Government Improvement Act of 1997, (Public Law
105-33; 111 Stat. 712), $93,800,000, of which $58,600,000 shall be for
necessary expenses of Parole Revocation, Adult Probation, Offender
Supervision, and Sex Offender Registration, to include expenses relating to
supervision of adults subject to protection orders or provision of services
for or related to such persons; $17,400,000 shall be available to the Public
Defender Service; and $17,800,000 shall be available to the Pretrial Services
Agency: Provided, That notwithstanding any other provision of law,
all amounts under this heading shall be apportioned quarterly by the Office of
Management and Budget and obligated and expended in the same manner as funds
appropriated for salaries and expenses of other Federal agencies: Provided
further, That of the amounts made available under this heading,
$20,492,000 shall be used in support of universal drug screening and testing
for those individuals on pretrial, probation, or parole supervision with
continued testing, intermediate sanctions, and treatment for those identified
in need, of which $7,000,000 shall be for treatment services.
Children's National Medical Center
For a Federal contribution to the Children's National Medical Center in
the District of Columbia, $2,500,000 for construction, renovation, and
information technology infrastructure costs associated with establishing
community pediatric health clinics for high risk children in medically
underserved areas of the District of Columbia.
Federal Payment for Metropolitan Police Department
For payment to the Metropolitan Police Department, $1,000,000, for a
program to eliminate open air drug trafficking in the District of Columbia:
Provided, That the Chief of Police shall provide quarterly reports to
the Committees on Appropriations of the Senate and House of Representatives by
the 15th calendar day after the end of each quarter beginning December 31,
1999, on the status of the project financed under this heading.
DISTRICT OF COLUMBIA FUNDS
OPERATING EXPENSES
Division of Expenses
The following amounts are appropriated for the District of Columbia for
the current fiscal year out of the general fund of the District of Columbia,
except as otherwise specifically provided.
Governmental Direction and Support
Governmental direction and support, $162,356,000 (including $137,134,000
from local funds, $11,670,000 from Federal funds, and $13,552,000 from other
funds): Provided, That not to exceed $2,500 for the Mayor, $2,500 for
the Chairman of the Council of the District of Columbia, and $2,500 for the
City Administrator shall be available from this appropriation for official
purposes: Provided further, That any program fees collected from the
issuance of debt shall be available for the payment of expenses of the debt
management program of the District of Columbia: Provided further,
That no revenues from Federal sources shall be used to support the operations
or activities of the Statehood Commission and Statehood Compact Commission:
Provided further, That the District of Columbia shall identify the
sources of funding for Admission to Statehood from its own locally-generated
revenues: Provided further, That all employees permanently assigned
to work in the Office of the Mayor shall be paid from funds allocated to the
Office of the Mayor: Provided further, That, notwithstanding any
other provision of law now or hereafter enacted, no Member of the District of
Columbia Council eligible to earn a part-time salary of $92,520, exclusive of
the Council Chairman, shall be paid a salary of more than $84,635 during
fiscal year 2000.
Economic Development and Regulation
Economic development and regulation, $190,335,000 (including $52,911,000
from local funds, $84,751,000 from Federal funds, and $52,673,000 from other
funds), of which $15,000,000 collected by the District of Columbia in the form
of BID tax revenue shall be paid to the respective BIDs pursuant to the
Business Improvement Districts Act of 1996 (D.C. Law 11-134; D.C. Code, sec.
1-2271 et seq.), and the Business Improvement Districts Temporary Amendment
Act of 1997 (D.C. Law 12-23): Provided, That such funds are available
for acquiring services provided by the General Services Administration:
Provided further, That Business Improvement Districts shall be exempt
from taxes levied by the District of Columbia.
Public Safety and Justice
Public safety and justice, including purchase or lease of 135
passenger-carrying vehicles for replacement only, including 130 for
police-type use and five for fire-type use, without regard to the general
purchase price limitation for the current fiscal year, $778,770,000 (including
$565,511,000 from local funds, $29,012,000 from Federal funds, and
$184,247,000 from other funds): Provided, That the Metropolitan
Police Department is authorized to replace not to exceed 25 passenger-carrying
vehicles and the Department of Fire and Emergency Medical Services of the
District of Columbia is authorized to replace not to exceed five
passenger-carrying vehicles annually whenever the cost of repair to any
damaged vehicle exceeds three-fourths of the cost of the replacement:
Provided further, That not to exceed $500,000 shall be available from
this appropriation for the Chief of Police for the prevention and detection of
crime: Provided further, That the Metropolitan Police Department
shall provide quarterly reports to the Committees on Appropriations of the
House of Representatives and the Senate on efforts to increase efficiency and
improve the professionalism in the department: Provided further, That
notwithstanding any other provision of law, or Mayor's Order 86-45, issued
March 18, 1986, the Metropolitan Police Department's delegated small purchase
authority shall be $500,000: Provided further, That the District of
Columbia government may not require the Metropolitan Police Department to
submit to any other procurement review process, or to obtain the approval of
or be restricted in any manner by any official or employee of the District of
Columbia government, for purchases that do not exceed $500,000: Provided
further, That the Mayor shall reimburse the District of Columbia National
Guard for expenses incurred in connection with services that are performed in
emergencies by the National Guard in a militia status and are requested by the
Mayor, in amounts that shall be jointly determined and certified as due and
payable for these services by the Mayor and the Commanding General of the
District of Columbia National Guard: Provided further, That such sums
as may be necessary for reimbursement to the District of Columbia National
Guard under the preceding proviso shall be available from this appropriation,
and the availability of the sums shall be deemed as constituting payment in
advance for emergency services involved: Provided further, That the
Metropolitan Police Department is authorized to maintain 3,800 sworn officers,
with leave for a 50 officer attrition: Provided further, That no more
than 15 members of the Metropolitan Police Department shall be detailed or
assigned to the Executive Protection Unit, until the Chief of Police submits a
recommendation to the Council for its review: Provided further, That
$100,000 shall be available for inmates released on medical and geriatric
parole: Provided further, That commencing on December 31, 1999, the
Metropolitan Police Department shall provide to the Committees on
Appropriations of the Senate and House of Representatives, the Committee on
Governmental Affairs of the Senate, and the Committee on Government Reform of
the House of Representatives, quarterly reports on the status of crime
reduction in each of the 83 police service areas established throughout the
District of Columbia: Provided further, That up to $700,000 in local
funds shall be available for the operations of the Citizen Complaint Review
Board.
Public Education System
Public education system, including the development of national defense
education programs, $867,411,000 (including $721,847,000 from local funds,
$120,951,000 from Federal funds, and $24,613,000 from other funds), to be
allocated as follows: $713,197,000 (including $600,936,000 from local funds,
$106,213,000 from Federal funds, and $6,048,000 from other funds), for the
public schools of the District of Columbia; $10,700,000 from local funds for
the District of Columbia Teachers' Retirement Fund; $17,000,000 from local
funds, previously appropriated in this Act as a Federal payment, for resident
tuition support at public and private institutions of higher learning for
eligible District of Columbia residents; $27,885,000 from local funds for
public charter schools: Provided, That if the entirety of this
allocation has not been provided as payments to any public charter schools
currently in operation through the per pupil funding formula, the funds shall
be available for new public charter schools on a per pupil basis: Provided
further, That $480,000 of this amount shall be available to the District
of Columbia Public Charter School Board for administrative costs; $72,347,000
(including $40,491,000 from local funds, $13,536,000 from Federal funds, and
$18,320,000 from other funds) for the University of the District of Columbia;
$24,171,000 (including $23,128,000 from local funds, $798,000 from Federal
funds, and $245,000 from other funds) for the Public Library; $2,111,000
(including $1,707,000 from local funds and $404,000 from Federal funds) for
the Commission on the Arts and Humanities: Provided further, That the
public schools of the District of Columbia are authorized to accept not to
exceed 31 motor vehicles for exclusive use in the driver education program:
Provided further, That not to exceed $2,500 for the Superintendent of
Schools, $2,500 for the President of the University of the District of
Columbia, and $2,000 for the Public Librarian shall be available from this
appropriation for official purposes: Provided further, That none of
the funds contained in this Act may be made available to pay the salaries of
any District of Columbia Public School teacher, principal, administrator,
official, or employee who knowingly provides false enrollment or attendance
information under article II, section 5 of the Act entitled `An Act to provide
for compulsory school attendance, for the taking of a school census in the
District of Columbia, and for other purposes', approved February 4, 1925 (D.C.
Code, sec. 31-401 et seq.): Provided further, That this appropriation
shall not be available to subsidize the education of any nonresident of the
District of Columbia at any District of Columbia public elementary and
secondary school during fiscal year 2000 unless the nonresident pays tuition
to the District of Columbia at a rate that covers 100 percent of the costs
incurred by the District of Columbia which are attributable to the education
of the nonresident (as established by the Superintendent of the District of
Columbia Public Schools): Provided further, That this appropriation
shall not be available to subsidize the education of nonresidents of the
District of Columbia at the University of the District of Columbia, unless the
Board of Trustees of the University of the District of Columbia adopts, for
the fiscal year ending September 30, 2000, a tuition rate schedule that will
establish the tuition rate for nonresident students at a level no lower than
the nonresident tuition rate charged at comparable public institutions of
higher education in the metropolitan area: Provided further, That the
District of Columbia Public Schools shall not spend less than $365,500,000 on
local schools through the Weighted Student Formula in fiscal year 2000:
Provided further, That notwithstanding any other provision of law,
the Chief Financial Officer of the District of Columbia shall apportion from
the budget of the District of Columbia Public Schools a sum totaling 5 percent
of the total budget to be set aside until the current student count for Public
and Charter schools has been completed, and that this amount shall be
apportioned between the Public and Charter schools based on their respective
student population count: Provided further, That the District of
Columbia Public Schools may spend $500,000 to engage in a Schools Without
Violence program based on a model developed by the University of North
Carolina, located in Greensboro, North Carolina.
Human Support Services
Human support services, $1,526,361,000 (including $635,373,000 from local
funds, $875,814,000 from Federal funds, and $15,174,000 from other funds):
Provided, That $25,150,000 of this appropriation, to remain available
until expended, shall be available solely for District of Columbia employees'
disability compensation: Provided further, That a peer review
committee shall be established to review medical payments and the type of
service received by a disability compensation claimant: Provided
further, That the District of Columbia shall not provide free government
services such as water, sewer, solid waste disposal or collection, utilities,
maintenance, repairs, or similar services to any legally constituted private
nonprofit organization, as defined in section 411(5) of the Stewart B.
McKinney Homeless Assistance Act (101 Stat. 485; Public Law 100-77; 42 U.S.C.
11371), providing emergency shelter services in the District, if the District
would not be qualified to receive reimbursement pursuant to such Act (101
Stat. 485; Public Law 100-77; 42 U.S.C. 11301 et seq.).
Public Works
Public works, including rental of one passenger-carrying vehicle for use
by the Mayor and three passenger-carrying vehicles for use by the Council of
the District of Columbia and leasing of passenger-carrying vehicles,
$271,395,000 (including $258,341,000 from local funds, $3,099,000 from Federal
funds, and $9,955,000 from other funds): Provided, That this
appropriation shall not be available for collecting ashes or miscellaneous
refuse from hotels and places of business.
Receivership Programs
For all agencies of the District of Columbia government under court
ordered receivership, $342,077,000 (including $217,606,000 from local funds,
$106,111,000 from Federal funds, and $18,360,000 from other funds).
Workforce Investments
For workforce investments, $8,500,000 from local funds, to be transferred
by the Mayor of the District of Columbia within the various appropriation
headings in this Act for which employees are properly payable.
Reserve
For a reserve to be established by the Chief Financial Officer of the
District of Columbia and the District of Columbia Financial Responsibility and
Management Assistance Authority, $150,000,000.
District of Columbia Financial Responsibility and Management Assistance
Authority
For the District of Columbia Financial Responsibility and Management
Assistance Authority, established by section 101(a) of the District of
Columbia Financial Responsibility and Management Assistance Act of 1995 (109
Stat. 97; Public Law 104-8), $3,140,000: Provided, That none of the
funds contained in this Act may be used to pay any compensation of the
Executive Director or General Counsel of the Authority at a rate in excess of
the maximum rate of compensation which may be paid to such individual during
fiscal year 2000 under section 102 of such Act, as determined by the
Comptroller General (as described in GAO letter report B-279095.2).
Repayment of Loans and Interest
For payment of principal, interest and certain fees directly resulting
from borrowing by the District of Columbia to fund District of Columbia
capital projects as authorized by sections 462, 475, and 490 of the District
of Columbia Home Rule Act, approved December 24, 1973, as amended, and that
funds shall be allocated for expenses associated with the Wilson Building,
$328,417,000 from local funds: Provided, That for equipment leases,
the Mayor may finance $27,527,000 of equipment cost, plus cost of issuance not
to exceed 2 percent of the par amount being financed on a lease purchase basis
with a maturity not to exceed 5 years: Provided further, That
$5,300,000 is allocated to the Metropolitan Police Department, $3,200,000 for
the Fire and Emergency Medical Services Department, $350,000 for the
Department of Corrections, $15,949,000 for the Department of Public Works and
$2,728,000 for the Public Benefit Corporation.
Repayment of General Fund Recovery Debt
For the purpose of eliminating the $331,589,000 general fund accumulated
deficit as of September 30, 1990, $38,286,000 from local funds, as authorized
by section 461(a) of the District of Columbia Home Rule Act (105 Stat. 540;
D.C. Code, sec. 47-321(a)(1)).
Payment of Interest on Short-Term Borrowing
For payment of interest on short-term borrowing, $9,000,000 from local
funds.
Certificates of Participation
For lease payments in accordance with the Certificates of Participation
involving the land site underlying the building located at One Judiciary
Square, $7,950,000 from local funds.
Optical and Dental Insurance Payments
For optical and dental insurance payments, $1,295,000 from local funds.
Productivity Bank
The Chief Financial Officer of the District of Columbia, under the
direction of the Mayor and the District of Columbia Financial Responsibility
and Management Assistance Authority, shall finance projects totaling
$20,000,000 in local funds that result in cost savings or additional revenues,
by an amount equal to such financing: Provided, That the Mayor shall
provide quarterly reports to the Committees on Appropriations of the House of
Representatives and the Senate by the 15th calendar day after the end of each
quarter beginning December 31, 1999, on the status of the projects financed
under this heading.
Productivity Bank Savings
The Chief Financial Officer of the District of Columbia, under the
direction of the Mayor and the District of Columbia Financial Responsibility
and Management Assistance Authority, shall make reductions totaling
$20,000,000 in local funds. The reductions are to be allocated to projects
funded through the Productivity Bank that produce cost savings or additional
revenues in an amount equal to the Productivity Bank financing:
Provided, That the Mayor shall provide quarterly reports to the
Committees on Appropriations of the House of Representatives and the Senate by
the 15th calendar day after the end of each quarter beginning December 31,
1999, on the status of the cost savings or additional revenues funded under
this heading.
Procurement and Management Savings
The Chief Financial Officer of the District of Columbia, under the
direction of the Mayor and the District of Columbia Financial Responsibility
and Management Assistance Authority, shall make reductions of $14,457,000 for
general supply schedule savings and $7,000,000 for management reform savings,
in local funds to one or more of the appropriation headings in this Act:
Provided, That the Mayor shall provide quarterly reports to the
Committees on Appropriations of the House of Representatives and the Senate by
the 15th calendar day after the end of each quarter beginning December 31,
1999, on the status of the general supply schedule savings and management
reform savings projected under this heading.
ENTERPRISE AND OTHER FUNDS
Water and Sewer Authority and the Washington Aqueduct
For operation of the Water and Sewer Authority and the Washington
Aqueduct, $279,608,000 from other funds (including $236,075,000 for the Water
and Sewer Authority and $43,533,000 for the Washington Aqueduct) of which
$35,222,000 shall be apportioned and payable to the District's debt service
fund for repayment of loans and interest incurred for capital improvement
projects.
For construction projects, $197,169,000, as authorized by the Act entitled
`An Act authorizing the laying of watermains and service sewers in the
District of Columbia, the levying of assessments therefor, and for other
purposes' (33 Stat. 244; Public Law 58-140; D.C. Code, sec. 43-1512 et seq.):
Provided, That the requirements and restrictions that are applicable
to general fund capital improvements projects and set forth in this Act under
the Capital Outlay appropriation title shall apply to projects approved under
this appropriation title.
Lottery and Charitable Games Enterprise Fund
For the Lottery and Charitable Games Enterprise Fund, established by the
District of Columbia Appropriation Act for the fiscal year ending September
30, 1982 (95 Stat. 1174 and 1175; Public Law 97-91), for the purpose of
implementing the Law to Legalize Lotteries, Daily Numbers Games, and Bingo and
Raffles for Charitable Purposes in the District of Columbia (D.C. Law 3-172;
D.C. Code, sec. 2-2501 et seq. and sec. 22-1516 et seq.), $234,400,000:
Provided, That the District of Columbia shall identify the source of
funding for this appropriation title from the District's own locally generated
revenues: Provided further, That no revenues from Federal sources
shall be used to support the operations or activities of the Lottery and
Charitable Games Control Board.
Sports and Entertainment Commission
For the Sports and Entertainment Commission, $10,846,000 from other funds
for expenses incurred by the Armory Board in the exercise of its powers
granted by the Act entitled `An Act To Establish A District of Columbia Armory
Board, and for other purposes' (62 Stat. 339; D.C. Code, sec. 2-301 et seq.)
and the District of Columbia Stadium Act of 1957 (71 Stat. 619; Public Law
85-300; D.C. Code, sec. 2-321 et seq.): Provided, That the Mayor
shall submit a budget for the Armory Board for the forthcoming fiscal year as
required by section 442(b) of the District of Columbia Home Rule Act (87 Stat.
824; Public Law 93-198; D.C. Code, sec. 47-301(b)).
District of Columbia Health and Hospitals Public Benefit Corporation
For the District of Columbia Health and Hospitals Public Benefit
Corporation, established by D.C. Law 11-212; D.C. Code, sec. 32-262.2,
$133,443,000 of which $44,435,000 shall be derived by transfer from the
general fund and $89,008,000 from other funds.
District of Columbia Retirement Board
For the District of Columbia Retirement Board, established by section 121
of the District of Columbia Retirement Reform Act of 1979 (93 Stat. 866; D.C.
Code, sec. 1-711), $9,892,000 from the earnings of the applicable retirement
funds to pay legal, management, investment, and other fees and administrative
expenses of the District of Columbia Retirement Board: Provided, That
the District of Columbia Retirement Board shall provide to the Congress and to
the Council of the District of Columbia a quarterly report of the allocations
of charges by fund and of expenditures of all funds: Provided
further, That the District of Columbia Retirement Board shall provide the
Mayor, for transmittal to the Council of the District of Columbia, an itemized
accounting of the planned use of appropriated funds in time for each annual
budget submission and the actual use of such funds in time for each annual
audited financial report: Provided further, That section 121(c)(1) of
the District of Columbia Retirement Reform Act (D.C. Code, sec. 1-711(c)(1))
is amended by striking `the total amount to which a member may be entitled'
and all that follows and inserting the following: `the total amount to which a
member may be entitled under this subsection during a year (beginning with
1998) may not exceed $5,000, except that in the case of the Chairman of the
Board and the Chairman of the Investment Committee of the Board, such amount
may not exceed $7,500 (beginning with 2000).'.
Correctional Industries Fund
For the Correctional Industries Fund, established by the District of
Columbia Correctional Industries Establishment Act (78 Stat. 1000; Public Law
88-622), $1,810,000 from other funds.
Washington Convention Center Enterprise Fund
For the Washington Convention Center Enterprise Fund, $50,226,000 from
other funds.
Capital Outlay
(INCLUDING RESCISSIONS)
For construction projects, $1,260,524,000 of which $929,450,000 is from
local funds, $54,050,000 is from the highway trust fund, and $277,024,000 is
from Federal funds, and a rescission of $41,886,500 from local funds
appropriated under this heading in prior fiscal years, for a net amount of
$1,218,637,500 to remain available until expended: Provided, That
funds for use of each capital project implementing agency shall be managed and
controlled in accordance with all procedures and limitations established under
the Financial Management System: Provided further, That all funds
provided by this appropriation title shall be available only for the specific
projects and purposes intended: Provided further, That
notwithstanding the foregoing, all authorizations for capital outlay projects,
except those projects covered by the first sentence of section 23(a) of the
Federal-Aid Highway Act of 1968 (82 Stat. 827; Public Law 90-495; D.C. Code,
sec. 7-134, note), for which funds are provided by this appropriation title,
shall expire on September 30, 2001, except authorizations for projects as to
which funds have been obligated in whole or in part prior to September 30,
2001: Provided further, That upon expiration of any such project
authorization, the funds provided herein for the project shall lapse.
General Provisions
SEC. 101. The expenditure of any appropriation under this Act for any
consulting service through procurement contract, pursuant to 5 U.S.C. 3109,
shall be limited to those contracts where such expenditures are a matter of
public record and available for public inspection, except where otherwise
provided under existing law, or under existing Executive order issued pursuant
to existing law.
SEC. 102. Except as otherwise provided in this Act, all vouchers covering
expenditures of appropriations contained in this Act shall be audited before
payment by the designated certifying official, and the vouchers as approved
shall be paid by checks issued by the designated disbursing official.
SEC. 103. Whenever in this Act, an amount is specified within an
appropriation for particular purposes or objects of expenditure, such amount,
unless otherwise specified, shall be considered as the maximum amount that may
be expended for said purpose or object rather than an amount set apart
exclusively therefor.
SEC. 104. Appropriations in this Act shall be available, when authorized
by the Mayor, for allowances for privately owned automobiles and motorcycles
used for the performance of official duties at rates established by the Mayor:
Provided, That such rates shall not exceed the maximum prevailing
rates for such vehicles as prescribed in the Federal Property Management
Regulations 101-7 (Federal Travel Regulations).
SEC. 105. Appropriations in this Act shall be available for expenses of
travel and for the payment of dues of organizations concerned with the work of
the District of Columbia government, when authorized by the Mayor:
Provided, That in the case of the Council of the District of
Columbia, funds may be expended with the authorization of the chair of the
Council.
SEC. 106. There are appropriated from the applicable funds of the District
of Columbia such sums as may be necessary for making refunds and for the
payment of judgments that have been entered against the District of Columbia
government: Provided, That nothing contained in this section shall be
construed as modifying or affecting the provisions of section 11(c)(3) of
title XII of the District of Columbia Income and Franchise Tax Act of 1947 (70
Stat. 78; Public Law 84-460; D.C. Code, sec. 47-1812.11(c)(3)).
SEC. 107. Appropriations in this Act shall be available for the payment of
public assistance without reference to the requirement of section 544 of the
District of Columbia Public Assistance Act of 1982 (D.C. Law 4-101; D.C. Code,
sec. 3-205.44), and for the payment of the non-Federal share of funds
necessary to qualify for grants under subtitle A of title II of the Violent
Crime Control and Law Enforcement Act of 1994.
SEC. 108. 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. 109. No funds appropriated in this Act for the District of Columbia
government for the operation of educational institutions, the compensation of
personnel, or for other educational purposes may be used to permit, encourage,
facilitate, or further partisan political activities. Nothing herein is
intended to prohibit the availability of school buildings for the use of any
community or partisan political group during non-school hours.
SEC. 110. None of the funds appropriated in this Act shall be made
available to pay the salary of any employee of the District of Columbia
government whose name, title, grade, salary, past work experience, and salary
history are not available for inspection by the House and Senate Committees on
Appropriations, the Subcommittee on the District of Columbia of the House
Committee on Government Reform, the Subcommittee on Oversight of Government
Management, Restructuring and the District of Columbia of the Senate Committee
on Governmental Affairs, and the Council of the District of Columbia, or their
duly authorized representative.
SEC. 111. There are appropriated from the applicable funds of the District
of Columbia such sums as may be necessary for making payments authorized by
the District of Columbia Revenue Recovery Act of 1977 (D.C. Law 2-20; D.C.
Code, sec. 47-421 et seq.).
SEC. 112. No part of this appropriation shall be used for publicity or
propaganda purposes or implementation of any policy including boycott designed
to support or defeat legislation pending before Congress or any State
legislature.
SEC. 113. At the start of the fiscal year, the Mayor shall develop an
annual plan, by quarter and by project, for capital outlay borrowings:
Provided, That within a reasonable time after the close of each
quarter, the Mayor shall report to the Council of the District of Columbia and
the Congress the actual borrowings and spending progress compared with
projections.
SEC. 114. The Mayor shall not borrow any funds for capital projects unless
the Mayor has obtained prior approval from the Council of the District of
Columbia, by resolution, identifying the projects and amounts to be financed
with such borrowings.
SEC. 115. The Mayor shall not expend any moneys borrowed for capital
projects for the operating expenses of the District of Columbia government.
SEC. 116. None of the funds provided under this Act to the agencies funded
by this Act, both Federal and District government agencies, that remain
available for obligation or expenditure in fiscal year 2000, or provided from
any accounts in the Treasury of the United States derived by the collection of
fees available to the agencies funded by this Act, shall be available for
obligation or expenditure for an agency through a reprogramming of funds
which: (1) creates new programs; (2) eliminates a program, project, or
responsibility center; (3) establishes or changes allocations specifically
denied, limited or increased by Congress in this Act; (4) increases funds or
personnel by any means for any program, project, or responsibility center for
which funds have been denied or restricted; (5) reestablishes through
reprogramming any program or project previously deferred through
reprogramming; (6) augments existing programs, projects, or responsibility
centers through a reprogramming of funds in excess of $1,000,000 or 10
percent, whichever is less; or (7) increases by 20 percent or more personnel
assigned to a specific program, project, or responsibility center; unless the
Appropriations Committees of both the Senate and House of Representatives are
notified in writing 30 days in advance of any reprogramming as set forth in
this section.
SEC. 117. None of the Federal funds provided in this Act shall be
obligated or expended to provide a personal cook, chauffeur, or other personal
servants to any officer or employee of the District of Columbia government.
SEC. 118. None of the Federal funds provided in this Act shall be
obligated or expended to procure passenger automobiles as defined in the
Automobile Fuel Efficiency Act of 1980 (94 Stat. 1824; Public Law 96-425; 15
U.S.C. 2001(2)), with an Environmental Protection Agency estimated miles per
gallon average of less than 22 miles per gallon: Provided, That this
section shall not apply to security, emergency rescue, or armored vehicles.
SEC. 119. (a) CITY ADMINISTRATOR- The last sentence of section 422(7) of
the District of Columbia Home Rule Act (D.C. Code, sec. 1-242(7)) is amended
by striking `, not to exceed' and all that follows and inserting a period.
(b) BOARD OF DIRECTORS OF REDEVELOPMENT LAND AGENCY- Section 1108(c)(2)(F)
of the District of Columbia Government Comprehensive Merit Personnel Act of
1978 (D.C. Code, sec. 1-612.8(c)(2)(F)) is amended to read as follows:
`(F) Redevelopment Land Agency board members shall be paid per diem
compensation at a rate established by the Mayor, except that such rate may
not exceed the daily equivalent of the annual rate of basic pay for level 15
of the District Schedule for each day (including travel time) during which
they are engaged in the actual performance of their duties.'.
SEC. 120. Notwithstanding any other provisions of law, the provisions of
the District of Columbia Government Comprehensive Merit Personnel Act of 1978
(D.C. Law 2-139; D.C. Code, sec. 1-601.1 et seq.), enacted pursuant to section
422(3) of the District of Columbia Home Rule Act (87 Stat. 790; Public Law
93-198; D.C. Code, sec. 1-242(3)), shall apply with respect to the
compensation of District of Columbia employees: Provided, That for
pay purposes, employees of the District of Columbia government shall not be
subject to the provisions of title 5, United States Code.
SEC. 121. No later than 30 days after the end of the first quarter of the
fiscal year ending September 30, 2000, the Mayor of the District of Columbia
shall submit to the Council of the District of Columbia the new fiscal year
2000 revenue estimates as of the end of the first quarter of fiscal year 2000.
These estimates shall be used in the budget request for the fiscal year ending
September 30, 2001. The officially revised estimates at midyear shall be used
for the midyear report.
SEC. 122. No sole source contract with the District of Columbia government
or any agency thereof may be renewed or extended without opening that contract
to the competitive bidding process as set forth in section 303 of the District
of Columbia Procurement Practices Act of 1985 (D.C. Law 6-85; D.C. Code, sec.
1-1183.3), except that the District of Columbia government or any agency
thereof may renew or extend sole source contracts for which competition is not
feasible or practical: Provided, That the determination as to whether
to invoke the competitive bidding process has been made in accordance with
duly promulgated rules and procedures and said determination has been reviewed
and approved by the District of Columbia Financial Responsibility and
Management Assistance Authority.
SEC. 123. For purposes of the Balanced Budget and Emergency Deficit
Control Act of 1985 (99 Stat. 1037; Public Law 99-177), the term `program,
project, and activity' shall be synonymous with and refer specifically to each
account appropriating Federal funds in this Act, and any sequestration order
shall be applied to each of the accounts rather than to the aggregate total of
those accounts: Provided, That sequestration orders shall not be
applied to any account that is specifically exempted from sequestration by the
Balanced Budget and Emergency Deficit Control Act of 1985.
SEC. 124. In the event a sequestration order is issued pursuant to the
Balanced Budget and Emergency Deficit Control Act of 1985 (99 Stat. 1037;
Public Law 99-177), after the amounts appropriated to the District of Columbia
for the fiscal year involved have been paid to the District of Columbia, the
Mayor of the District of Columbia shall pay to the Secretary of the Treasury,
within 15 days after receipt of a request therefor from the Secretary of the
Treasury, such amounts as are sequestered by the order: Provided,
That the sequestration percentage specified in the order shall be applied
proportionately to each of the Federal appropriation accounts in this Act that
are not specifically exempted from sequestration by such Act.
SEC. 125. (a) An entity of the District of Columbia government may accept
and use a gift or donation during fiscal year 2000 if--
(1) the Mayor approves the acceptance and use of the gift or donation:
Provided, That the Council of the District of Columbia may accept
and use gifts without prior approval by the Mayor; and
(2) the entity uses the gift or donation to carry out its authorized
functions or duties.
(b) Each entity of the District of Columbia government shall keep accurate
and detailed records of the acceptance and use of any gift or donation under
subsection (a) of this section, and shall make such records available for
audit and public inspection.
(c) For the purposes of this section, the term `entity of the District of
Columbia government' includes an independent agency of the District of
Columbia.
(d) This section shall not apply to the District of Columbia Board of
Education, which may, pursuant to the laws and regulations of the District of
Columbia, accept and use gifts to the public schools without prior approval by
the Mayor.
SEC. 126. None of the Federal funds provided in this Act may be used by
the District of Columbia to provide for salaries, expenses, or other costs
associated with the offices of United States Senator or United States
Representative under section 4(d) of the District of Columbia Statehood
Constitutional Convention Initiatives of 1979 (D.C. Law 3-171; D.C. Code, sec.
1-113(d)).
SEC. 127. (a) The University of the District of Columbia shall submit to
the Mayor, the District of Columbia Financial Responsibility and Management
Assistance Authority and the Council of the District of Columbia no later than
15 calendar days after the end of each quarter a report that sets forth--
(1) current quarter expenditures and obligations, year-to-date
expenditures and obligations, and total fiscal year expenditure projections
versus budget broken out on the basis of control center, responsibility
center, and object class, and for all funds, non-appropriated funds, and
capital financing;
(2) a list of each account for which spending is frozen and the amount
of funds frozen, broken out by control center, responsibility center,
detailed object, and for all funding sources;
(3) a list of all active contracts in excess of $10,000 annually, which
contains the name of each contractor; the budget to which the contract is
charged, broken out on the basis of control center and responsibility
center, and contract identifying codes used by the University of the
District of Columbia; payments made in the last quarter and year-to-date,
the total amount of the contract and total payments made for the contract
and any modifications, extensions, renewals; and specific modifications made
to each contract in the last month;
(4) all reprogramming requests and reports that have been made by the
University of the District of Columbia within the last quarter in compliance
with applicable law; and
(5) changes made in the last quarter to the organizational structure of
the University of the District of Columbia, displaying previous and current
control centers and responsibility centers, the names of the organizational
entities that have been changed, the name of the staff member supervising
each entity affected, and the reasons for the structural change.
(b) The Mayor, the Authority, and the Council shall provide the Congress
by February 1, 2000, a summary, analysis, and recommendations on the
information provided in the quarterly reports.
SEC. 128. Funds authorized or previously appropriated to the government of
the District of Columbia by this or any other Act to procure the necessary
hardware and installation of new software, conversion, testing, and training
to improve or replace its financial management system are also available for
the acquisition of accounting and financial management services and the
leasing of necessary hardware, software or any other related goods or
services, as determined by the District of Columbia Financial Responsibility
and Management Assistance Authority.
SEC. 129. (a) None of the funds contained in this Act may be made
available to pay the fees of an attorney who represents a party who prevails
in an action, including an administrative proceeding, brought against the
District of Columbia Public Schools under the Individuals with Disabilities
Education Act (20 U.S.C. 1400 et seq.) if--
(1) the hourly rate of compensation of the attorney exceeds 120 percent
of the hourly rate of compensation under section 11-2604(a), District of
Columbia Code; or
(2) the maximum amount of compensation of the attorney exceeds 120
percent of the maximum amount of compensation under section 11-2604(b)(1),
District of Columbia Code, except that compensation and reimbursement in
excess of such maximum may be approved for extended or complex
representation in accordance with section 11-2604(c), District of Columbia
Code.
(b) Notwithstanding the preceding subsection, if the Mayor, District of
Columbia Financial Responsibility and Management Assistance Authority and the
Superintendent of the District of Columbia Public Schools concur in a
Memorandum of Understanding setting forth a new rate and amount of
compensation, then such new rates shall apply in lieu of the rates set forth
in the preceding subsection.
SEC. 130. None of the funds appropriated under this Act shall be expended
for any abortion except where the life of the mother would be endangered if
the fetus were carried to term or where the pregnancy is the result of an act
of rape or incest.
SEC. 131. None of the funds made available in this Act may be used to
implement or enforce the Health Care Benefits Expansion Act of 1992 (D.C. Law
9-114; D.C. Code, sec. 36-1401 et seq.) or to otherwise implement or enforce
any system of registration of unmarried, cohabiting couples (whether
homosexual, heterosexual, or lesbian), including but not limited to
registration for the purpose of extending employment, health, or governmental
benefits to such couples on the same basis that such benefits are extended to
legally married couples.
SEC. 132. The Superintendent of the District of Columbia Public Schools
shall submit to the Congress, the Mayor, the District of Columbia Financial
Responsibility and Management Assistance Authority, and the Council of the
District of Columbia no later than 15 calendar days after the end of each
quarter a report that sets forth--
(1) current quarter expenditures and obligations, year-to-date
expenditures and obligations, and total fiscal year expenditure projections
versus budget, broken out on the basis of control center, responsibility
center, agency reporting code, and object class, and for all funds,
including capital financing;
(2) a list of each account for which spending is frozen and the amount
of funds frozen, broken out by control center, responsibility center,
detailed object, and agency reporting code, and for all funding
sources;
(3) a list of all active contracts in excess of $10,000 annually, which
contains the name of each contractor; the budget to which the contract is
charged, broken out on the basis of control center, responsibility center,
and agency reporting code; and contract identifying codes used by the
District of Columbia Public Schools; payments made in the last quarter and
year-to-date, the total amount of the contract and total payments made for
the contract and any modifications, extensions, renewals; and specific
modifications made to each contract in the last month;
(4) all reprogramming requests and reports that are required to be, and
have been, submitted to the Board of Education; and
(5) changes made in the last quarter to the organizational structure of
the District of Columbia Public Schools, displaying previous and current
control centers and responsibility centers, the names of the organizational
entities that have been changed, the name of the staff member supervising
each entity affected, and the reasons for the structural change.
SEC. 133. (a) IN GENERAL- The Superintendent of the District of Columbia
Public Schools and the University of the District of Columbia shall annually
compile an accurate and verifiable report on the positions and employees in
the public school system and the university, respectively. The annual report
shall set forth--
(1) the number of validated schedule A positions in the District of
Columbia public schools and the University of the District of Columbia for
fiscal year 1999, fiscal year 2000, and thereafter on full-time equivalent
basis, including a compilation of all positions by control center,
responsibility center, funding source, position type, position title, pay
plan, grade, and annual salary; and
(2) a compilation of all employees in the District of Columbia public
schools and the University of the District of Columbia as of the preceding
December 31, verified as to its accuracy in accordance with the functions
that each employee actually performs, by control center, responsibility
center, agency reporting code, program (including funding source), activity,
location for accounting purposes, job title, grade and classification,
annual salary, and position control number.
(b) SUBMISSION- The annual report required by subsection (a) of this
section shall be submitted to the Congress, the Mayor, the District of
Columbia Council, the Consensus Commission, and the Authority, not later than
February 15 of each year.
SEC. 134. (a) No later than November 1, 1999, or within 30 calendar days
after the date of the enactment of this Act, whichever occurs later, and each
succeeding year, the Superintendent of the District of Columbia Public Schools
and the University of the District of Columbia shall submit to the appropriate
congressional committees, the Mayor, the District of Columbia Council, the
Consensus Commission, and the District of Columbia Financial Responsibility
and Management Assistance Authority, a revised appropriated funds operating
budget for the public school system and the University of the District of
Columbia for such fiscal year that is in the total amount of the approved
appropriation and that realigns budgeted data for personal services and
other-than-personal services, respectively, with anticipated actual
expenditures.
(b) The revised budget required by subsection (a) of this section shall be
submitted in the format of the budget that the Superintendent of the District
of Columbia Public Schools and the University of the District of Columbia
submit to the Mayor of the District of Columbia for inclusion in the Mayor's
budget submission to the Council of the District of Columbia pursuant to
section 442 of the District of Columbia Home Rule Act (Public Law 93-198; D.C.
Code, sec. 47-301).
SEC. 135. The District of Columbia Financial Responsibility and Management
Assistance Authority, acting on behalf of the District of Columbia Public
Schools (DCPS) in formulating the DCPS budget, the Board of Trustees of the
University of the District of Columbia, the Board of Library Trustees, and the
Board of Governors of the University of the District of Columbia School of Law
shall vote on and approve the respective annual or revised budgets for such
entities before submission to the Mayor of the District of Columbia for
inclusion in the Mayor's budget submission to the Council of the District of
Columbia in accordance with section 442 of the District of Columbia Home Rule
Act (Public Law 93-198; D.C. Code, sec. 47-301), or before submitting their
respective budgets directly to the Council.
SEC. 136. (a) CEILING ON TOTAL OPERATING EXPENSES-
(1) IN GENERAL- Notwithstanding any other provision of law, the total
amount appropriated in this Act for operating expenses for the District of
Columbia for fiscal year 2000 under the heading `Division of Expenses' shall
not exceed the lesser of--
(A) the sum of the total revenues of the District of Columbia for such
fiscal year; or
(B) $5,515,379,000 (of which $152,753,000 shall be from intra-District
funds and $3,113,854,000 shall be from local funds), which amount may be
increased by the following:
(i) proceeds of one-time transactions, which are expended for
emergency or unanticipated operating or capital needs approved by the
District of Columbia Financial Responsibility and Management Assistance
Authority; or
(ii) after notification to the Council, additional expenditures
which the Chief Financial Officer of the District of Columbia certifies
will produce additional revenues during such fiscal year at least equal
to 200 percent of such additional expenditures, and that are approved by
the Authority.
(2) ENFORCEMENT- The Chief Financial Officer of the District of Columbia
and the Authority shall take such steps as are necessary to assure that the
District of Columbia meets the requirements of this section, including the
apportioning by the Chief Financial Officer of the appropriations and funds
made available to the District during fiscal year 2000, except that the
Chief Financial Officer may not reprogram for operating expenses any funds
derived from bonds, notes, or other obligations issued for capital
projects.
(b) ACCEPTANCE AND USE OF GRANTS NOT INCLUDED IN CEILING-
(1) IN GENERAL- Notwithstanding subsection (a), the Mayor, in
consultation with the Chief Financial Officer, during a control year, as
defined in section 305(4) of the District of Columbia Financial
Responsibility and Management Assistance Act of 1995 (Public Law 104-8; 109
Stat. 152), may accept, obligate, and expend Federal, private, and other
grants received by the District government that are not reflected in the
amounts appropriated in this Act.
(2) REQUIREMENT OF CHIEF FINANCIAL OFFICER REPORT AND AUTHORITY
APPROVAL- No such Federal, private, or other grant may be accepted,
obligated, or expended pursuant to paragraph (1) until--
(A) the Chief Financial Officer of the District of Columbia submits to
the Authority a report setting forth detailed information regarding such
grant; and
(B) the Authority has reviewed and approved the acceptance,
obligation, and expenditure of such grant in accordance with review and
approval procedures consistent with the provisions of the District of
Columbia Financial Responsibility and Management Assistance Act of
1995.
(3) PROHIBITION ON SPENDING IN ANTICIPATION OF APPROVAL OR RECEIPT- No
amount may be obligated or expended from the general fund or other funds of
the District government in anticipation of the approval or receipt of a
grant under paragraph (2)(B) of this subsection or in anticipation of the
approval or receipt of a Federal, private, or other grant not subject to
such paragraph.
(4) QUARTERLY REPORTS- The Chief Financial Officer of the District of
Columbia shall prepare a quarterly report setting forth detailed information
regarding all Federal, private, and other grants subject to this subsection.
Each such report shall be submitted to the Council of the District of
Columbia, and to the Committees on Appropriations of the House of
Representatives and the Senate, not later than 15 days after the end of the
quarter covered by the report.
(c) REPORT ON EXPENDITURES BY FINANCIAL RESPONSIBILITY AND MANAGEMENT
ASSISTANCE AUTHORITY- Not later than 20 calendar days after the end of each
fiscal quarter starting October 1, 1999, the Authority shall submit a report
to the Committees on Appropriations of the House of Representatives and the
Senate, the Committee on Government Reform of the House, and the Committee on
Governmental Affairs of the Senate providing an itemized accounting of all
non-appropriated funds obligated or expended by the Authority for the quarter.
The report shall include information on the date, amount, purpose, and vendor
name, and a description of the services or goods provided with respect to the
expenditures of such funds.
SEC. 137. If a department or agency of the government of the District of
Columbia is under the administration of a court-appointed receiver or other
court-appointed official during fiscal year 2000 or any succeeding fiscal
year, the receiver or official shall prepare and submit to the Mayor, for
inclusion in the annual budget of the District of Columbia for the year,
annual estimates of the expenditures and appropriations necessary for the
maintenance and operation of the department or agency. All such estimates
shall be forwarded by the Mayor to the Council, for its action pursuant to
sections 446 and 603(c) of the District of Columbia Home Rule Act, without
revision but subject to the Mayor's recommendations. Notwithstanding any
provision of the District of Columbia Home Rule Act (87 Stat. 774; Public Law
93-198) the Council may comment or make recommendations concerning such annual
estimates but shall have no authority under such Act to revise such
estimates.
SEC. 138. (a) Notwithstanding any other provision of law, rule, or
regulation, an employee of the District of Columbia public schools shall
be--
(1) classified as an Educational Service employee;
(2) placed under the personnel authority of the Board of Education;
and
(3) subject to all Board of Education rules.
(b) School-based personnel shall constitute a separate competitive area
from nonschool-based personnel who shall not compete with school-based
personnel for retention purposes.
SEC. 139. (a) RESTRICTIONS ON USE OF OFFICIAL VEHICLES- Except as
otherwise provided in this section, none of the funds made available by this
Act or by any other Act may be used to provide any officer or employee of the
District of Columbia with an official vehicle unless the officer or employee
uses the vehicle only in the performance of the officer's or employee's
official duties. For purposes of this paragraph, the term `official duties'
does not include travel between the officer's or employee's residence and
workplace (except: (1) in the case of an officer or employee of the
Metropolitan Police Department who resides in the District of Columbia or is
otherwise designated by the Chief of the Department; (2) at the discretion of
the Fire Chief, an officer or employee of the District of Columbia Fire and
Emergency Medical Services Department who resides in the District of Columbia
and is on call 24 hours a day; (3) the Mayor of the District of Columbia; and
(4) the Chairman of the Council of the District of Columbia).
(b) INVENTORY OF VEHICLES- The Chief Financial Officer of the District of
Columbia shall submit, by November 15, 1999, an inventory, as of September 30,
1999, of all vehicles owned, leased or operated by the District of Columbia
government. The inventory shall include, but not be limited to, the department
to which the vehicle is assigned; the year and make of the vehicle; the
acquisition date and cost; the general condition of the vehicle; annual
operating and maintenance costs; current mileage; and whether the vehicle is
allowed to be taken home by a District officer or employee and if so, the
officer or employee's title and resident location.
SEC. 140. (a) SOURCE OF PAYMENT FOR EMPLOYEES DETAILED WITHIN GOVERNMENT-
For purposes of determining the amount of funds expended by any entity within
the District of Columbia government during fiscal year 2000 and each
succeeding fiscal year, any expenditures of the District government
attributable to any officer or employee of the District government who
provides services which are within the authority and jurisdiction of the
entity (including any portion of the compensation paid to the officer or
employee attributable to the time spent in providing such services) shall be
treated as expenditures made from the entity's budget, without regard to
whether the officer or employee is assigned to the entity or otherwise treated
as an officer or employee of the entity.
(b) MODIFICATION OF REDUCTION IN FORCE PROCEDURES- The District of
Columbia Government Comprehensive Merit Personnel Act of 1978 (D.C. Code, sec.
1-601.1 et seq.), is further amended in section 2408(a) by striking `1999' and
inserting `2000'; in subsection (b), by striking `1999' and inserting `2000';
in subsection (i), by striking `1999' and inserting `2000'; and in subsection
(k), by striking `1999' and inserting `2000'.
SEC. 141. Notwithstanding any other provision of law, not later than 120
days after the date that a District of Columbia Public Schools (DCPS) student
is referred for evaluation or assessment--
(1) the District of Columbia Board of Education, or its successor, and
DCPS shall assess or evaluate a student who may have a disability and who
may require special education services; and
(2) if a student is classified as having a disability, as defined in
section 101(a)(1) of the Individuals with Disabilities Education Act (84
Stat. 175; 20 U.S.C. 1401(a)(1)) or in section 7(8) of the Rehabilitation
Act of 1973 (87 Stat. 359; 29 U.S.C. 706(8)), the Board and DCPS shall place
that student in an appropriate program of special education services.
SEC. 142. (a) COMPLIANCE WITH BUY AMERICAN ACT- None of the funds made
available in this Act may be expended by an entity unless the entity agrees
that in expending the funds the entity will comply with the Buy American Act
(41 U.S.C. 10a-10c).
(b) SENSE OF THE CONGRESS; REQUIREMENT REGARDING NOTICE-
(1) PURCHASE OF AMERICAN-MADE EQUIPMENT AND PRODUCTS- In the case of any
equipment or product that may be authorized to be purchased with financial
assistance provided using funds made available in this Act, it is the sense
of the Congress that entities receiving the assistance should, in expending
the assistance, purchase only American-made equipment and products to the
greatest extent practicable.
(2) NOTICE TO RECIPIENTS OF ASSISTANCE- In providing financial
assistance using funds made available in this Act, the head of each agency
of the Federal or District of Columbia government shall provide to each
recipient of the assistance a notice describing the statement made in
paragraph (1) by the Congress.
(c) PROHIBITION OF CONTRACTS WITH PERSONS FALSELY LABELING PRODUCTS AS
MADE IN AMERICA- 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. 143. None of the funds contained in this Act may be used for purposes
of the annual independent audit of the District of Columbia government
(including the District of Columbia Financial Responsibility and Management
Assistance Authority) for fiscal year 2000 unless--
(1) the audit is conducted by the Inspector General of the District of
Columbia pursuant to section 208(a)(4) of the District of Columbia
Procurement Practices Act of 1985 (D.C. Code, sec. 1-1182.8(a)(4));
and
(2) the audit includes a comparison of audited actual year-end results
with the revenues submitted in the budget document for such year and the
appropriations enacted into law for such year.
SEC. 144. Nothing in this Act shall be construed to authorize any office,
agency or entity to expend funds for programs or functions for which a
reorganization plan is required but has not been approved by the District of
Columbia Financial Responsibility and Management Assistance Authority.
Appropriations made by this Act for such programs or functions are conditioned
only on the approval by the Authority of the required reorganization plans.
SEC. 145. Notwithstanding any other provision of law, rule, or regulation,
the evaluation process and instruments for evaluating District of Columbia
Public School employees shall be a non-negotiable item for collective
bargaining purposes.
SEC. 146. None of the funds contained in this Act may be used by the
District of Columbia Corporation Counsel or any other officer or entity of the
District government to provide assistance for any petition drive or civil
action which seeks to require Congress to provide for voting representation in
Congress for the District of Columbia.
SEC. 147. None of the funds contained in this Act may be used to transfer
or confine inmates classified above the medium security level, as defined by
the Federal Bureau of Prisons classification instrument, to the Northeast Ohio
Correctional Center located in Youngstown, Ohio.
SEC. 148. (a) Section 202(i) of the District of Columbia Financial
Responsibility and Management Assistance Act of 1995 (Public Law 104-8), as
added by section 155 of the District of Columbia Appropriations Act, 1999, is
amended to read as follows:
`(1) IN GENERAL- Beginning with fiscal year 2000, the plan or budget
submitted pursuant to this Act shall contain $150,000,000 for a reserve to
be established by the Mayor, Council of the District of Columbia, Chief
Financial Officer for the District of Columbia, and the District of Columbia
Financial Responsibility and Management Assistance Authority.
`(2) CONDITIONS ON USE- The reserve funds--
`(A) shall only be expended according to criteria established by the
Chief Financial Officer and approved by the Mayor, Council of the District
of Columbia, and District of Columbia Financial Responsibility and
Management Assistance Authority, but, in no case may any of the reserve
funds be expended until any other surplus funds have been used;
`(B) shall not be used to fund the agencies of the District of
Columbia government under court ordered receivership; and
`(C) shall not be used to fund shortfalls in the projected reductions
budgeted in the budget proposed by the District of Columbia government for
general supply schedule savings and management reform savings.
`(3) REPORT REQUIREMENT- The Authority shall notify the Appropriations
Committees of both the Senate and House of Representatives in writing 30
days in advance of any expenditure of the reserve funds.'.
(b) Section 202 of such Act (Public Law 104-8), as amended by subsection
(a), is further amended by adding at the end the following:
`(k) POSITIVE FUND BALANCE-
`(1) IN GENERAL- The District of Columbia shall maintain at the end of a
fiscal year an annual positive fund balance in the general fund of not less
than 4 percent of the projected general fund expenditures for the following
fiscal year.
`(2) EXCESS FUNDS- Of funds remaining in excess of the amounts required
by paragraph (1)--
`(A) not more than 50 percent may be used for authorized non-recurring
expenses; and
`(B) not less than 50 percent shall be used to reduce the debt of the
District of Columbia.'.
SEC. 149. (a) No later than November 1, 1999, or within 30 calendar days
after the date of the enactment of this Act, whichever occurs later, the Chief
Financial Officer of the District of Columbia shall submit to the appropriate
committees of Congress, the Mayor, and the District of Columbia Financial
Responsibility and Management Assistance Authority a revised appropriated
funds operating budget for all agencies of the District of Columbia government
for such fiscal year that is in the total amount of the approved appropriation
and that realigns budgeted data for personal services and
other-than-personal-services, respectively, with anticipated actual
expenditures.
(b) The revised budget required by subsection (a) of this section shall be
submitted in the format of the budget that the District of Columbia government
submitted pursuant to section 442 of the District of Columbia Home Rule Act
(Public Law 93-198; D.C. Code, sec. 47-301).
SEC. 150. None of the funds contained in this Act may be used for any
program of distributing sterile needles or syringes for the hypodermic
injection of any illegal drug.
SEC. 151. (a) RESTRICTIONS ON LEASES- Upon the expiration of the 60-day
period that begins on the date of the enactment of this Act, none of the funds
contained in this Act may be used to make rental payments under a lease for
the use of real property by the District of Columbia government (including any
independent agency of the District) unless the lease and an abstract of the
lease have been filed (by the District of Columbia or any other party to the
lease) with the central office of the Deputy Mayor for Economic Development,
in an indexed registry available for public inspection.
(b) ADDITIONAL RESTRICTIONS ON CURRENT LEASES-
(1) IN GENERAL- Upon the expiration of the 60-day period that begins on
the date of the enactment of this Act, in the case of a lease described in
paragraph (3), none of the funds contained in this Act may be used to make
rental payments under the lease unless the lease is included in periodic
reports submitted by the Mayor and Council of the District of Columbia to
the Committees on Appropriations of the House of Representatives and Senate
describing for each such lease the following information:
(A) The location of the property involved, the name of the owners of
record according to the land records of the District of Columbia, the name
of the lessors according to the lease, the rate of payment under the
lease, the period of time covered by the lease, and the conditions under
which the lease may be terminated.
(B) The extent to which the property is or is not occupied by the
District of Columbia government as of the end of the reporting period
involved.
(C) If the property is not occupied and utilized by the District
government as of the end of the reporting period involved, a plan for
occupying and utilizing the property (including construction or renovation
work) or a status statement regarding any efforts by the District to
terminate or renegotiate the lease.
(2) TIMING OF REPORTS- The reports described in paragraph (1) shall be
submitted for each calendar quarter (beginning with the quarter ending
December 31, 1999) not later than 20 days after the end of the quarter
involved, plus an initial report submitted not later than 60 days after the
date of the enactment of this Act, which shall provide information as of the
date of the enactment of this Act.
(3) LEASES DESCRIBED- A lease described in this paragraph is a lease in
effect as of the date of the enactment of this Act for the use of real
property by the District of Columbia government (including any independent
agency of the District) which is not being occupied by the District
government (including any independent agency of the District) as of such
date or during the 60-day period which begins on the date of the enactment
of this Act.
SEC. 152. (a) MANAGEMENT OF EXISTING DISTRICT GOVERNMENT PROPERTY- Upon
the expiration of the 60-day period that begins on the date of the enactment
of this Act, none of the funds contained in this Act may be used to enter into
a lease (or to make rental payments under such a lease) for the use of real
property by the District of Columbia government (including any independent
agency of the District) or to purchase real property for the use of the
District of Columbia government (including any independent agency of the
District) or to manage real property for the use of the District of Columbia
(including any independent agency of the District) unless the following
conditions are met:
(1) The Mayor and Council of the District of Columbia certify to the
Committees on Appropriations of the House of Representatives and Senate that
existing real property available to the District (whether leased or owned by
the District government) is not suitable for the purposes intended.
(2) Notwithstanding any other provisions of law, there is made available
for sale or lease all real property of the District of Columbia that the
Mayor from time-to-time determines is surplus to the needs of the District
of Columbia, unless a majority of the members of the Council override the
Mayor's determination during the 30-day period which begins on the date the
determination is published.
(3) The Mayor and Council implement a program for the periodic survey of
all District property to determine if it is surplus to the needs of the
District.
(4) The Mayor and Council within 60 days of the date of the enactment of
this Act have filed with the Committees on Appropriations of the House of
Representatives and Senate, the Committee on Government Reform and Oversight
of the House of Representatives, and the Committee on Governmental Affairs
of the Senate a report which provides a comprehensive plan for the
management of District of Columbia real property assets, and are proceeding
with the implementation of the plan.
(b) TERMINATION OF PROVISIONS- If the District of Columbia enacts
legislation to reform the practices and procedures governing the entering into
of leases for the use of real property by the District of Columbia government
and the disposition of surplus real property of the District government, the
provisions of subsection (a) shall cease to be effective upon the effective
date of the legislation.
SEC. 153. Section 603(e)(2)(B) of the Student Loan Marketing Association
Reorganization Act of 1996 (Public Law 104-208; 110 Stat. 3009-293) is
amended--
(1) by inserting `and public charter' after `public'; and
(2) by adding at the end the following: `Of such amounts and proceeds,
$5,000,000 shall be set aside for use as a credit enhancement fund for
public charter schools in the District of Columbia, with the administration
of the fund (including the making of loans) to be carried out by the Mayor
through a committee consisting of three individuals appointed by the Mayor
of the District of Columbia and two individuals appointed by the Public
Charter School Board established under section 2214 of the District of
Columbia School Reform Act of 1995.'.
SEC. 154. The Mayor, District of Columbia Financial Responsibility and
Management Assistance Authority, and the Superintendent of Schools shall
implement a process to dispose of excess public school real property within 90
days of the enactment of this Act.
SEC. 155. Section 2003 of the District of Columbia School Reform Act of
1995 (Public Law 104-134; D.C. Code, sec. 31-2851) is amended by striking
`during the period' and `and ending 5 years after such date.'.
SEC. 156. Section 2206(c) of the District of Columbia School Reform Act of
1995 (Public Law 104-134; D.C. Code, sec. 31-2853.16(c)) is amended by adding
at the end the following: `, except that a preference in admission may be
given to an applicant who is a sibling of a student already attending or
selected for admission to the public charter school in which the applicant is
seeking enrollment.'.
SEC. 157. (a) TRANSFER OF FUNDS- There is hereby transferred from the
District of Columbia Financial Responsibility and Management Assistance
Authority (hereafter referred to as the `Authority') to the District of
Columbia the sum of $18,000,000 for severance payments to individuals
separated from employment during fiscal year 2000 (under such terms and
conditions as the Mayor considers appropriate), expanded contracting authority
of the Mayor, and the implementation of a system of managed competition among
public and private providers of goods and services by and on behalf of the
District of Columbia: Provided, That such funds shall be used only in
accordance with a plan agreed to by the Council and the Mayor and approved by
the Committees on Appropriations of the House of Representatives and the
Senate: Provided further, That the Authority and the Mayor shall
coordinate the spending of funds for this program so that continuous progress
is made. The Authority shall release said funds, on a quarterly basis, to
reimburse such expenses, so long as the Authority certifies that the expenses
reduce re-occurring future costs at an annual ratio of at least 2 to 1
relative to the funds provided, and that the program is in accordance with the
best practices of municipal government.
(b) SOURCE OF FUNDS- The amount transferred under subsection (a) shall be
derived from interest earned on accounts held by the Authority on behalf of
the District of Columbia.
SEC. 158. (a) IN GENERAL- The District of Columbia Financial
Responsibility and Management Assistance Authority (hereafter referred to as
the `Authority'), working with the Commonwealth of Virginia and the Director
of the National Park Service, shall carry out a project to complete all design
requirements and all requirements for compliance with the National
Environmental Policy Act for the construction of expanded lane capacity for
the Fourteenth Street Bridge.
(b) SOURCE OF FUNDS; TRANSFER- For purposes of carrying out the project
under subsection (a), there is hereby transferred to the Authority from the
District of Columbia dedicated highway fund established pursuant to section
3(a) of the District of Columbia Emergency Highway Relief Act (Public Law
104-21; D.C. Code, sec. 7-134.2(a)) an amount not to exceed $5,000,000.
SEC. 159. (a) IN GENERAL- The Mayor of the District of Columbia shall
carry out through the Army Corps of Engineers, an Anacostia River
environmental cleanup program.
(b) SOURCE OF FUNDS- There are hereby transferred to the Mayor from the
escrow account held by the District of Columbia Financial Responsibility and
Management Assistance Authority pursuant to section 134 of division A of the
Omnibus Consolidated and Emergency Supplemental Appropriations Act, 1999
(Public Law 105-277; 112 Stat. 2681-552), for infrastructure needs of the
District of Columbia, $5,000,000.
SEC. 160. (a) PROHIBITING PAYMENT OF ADMINISTRATIVE COSTS FROM FUND-
Section 16(e) of the Victims of Violent Crime Compensation Act of 1996 (D.C.
Code, sec. 3-435(e)) is amended--
(1) by striking `and administrative costs necessary to carry out this
chapter'; and
(2) by striking the period at the end and inserting the following: `,
and no monies in the Fund may be used for any other purpose.'.
(b) MAINTENANCE OF FUND IN TREASURY OF THE UNITED STATES-
(1) IN GENERAL- Section 16(a) of such Act (D.C. Code, sec. 3-435(a)) is
amended by striking the second sentence and inserting the following: `The
Fund shall be maintained as a separate fund in the Treasury of the United
States. All amounts deposited to the credit of the Fund are appropriated
without fiscal year limitation to make payments as authorized under
subsection (e).'.
(2) CONFORMING AMENDMENT- Section 16 of such Act (D.C. Code, sec. 3-435)
is amended by striking subsection (d).
(c) DEPOSIT OF OTHER FEES AND RECEIPTS INTO FUND- Section 16(c) of such
Act (D.C. Code, sec. 3-435(c)) is amended by inserting after `1997,' the
second place it appears the following: `any other fines, fees, penalties, or
assessments that the Court determines necessary to carry out the purposes of
the Fund,'.
(d) ANNUAL TRANSFER OF UNOBLIGATED BALANCES TO MISCELLANEOUS RECEIPTS OF
TREASURY- Section 16 of such Act (D.C. Code, sec. 3-435), as amended by
subsection (b)(2), is further amended by inserting after subsection (c) the
following new subsection:
`(d) Any unobligated balance existing in the Fund in excess of $250,000 as
of the end of each fiscal year (beginning with fiscal year 2000) shall be
transferred to miscellaneous receipts of the Treasury of the United States not
later than 30 days after the end of the fiscal year.'.
(e) RATIFICATION OF PAYMENTS AND DEPOSITS- Any payments made from or
deposits made to the Crime Victims Compensation Fund on or after April 9, 1997
are hereby ratified, to the extent such payments and deposits are authorized
under the Victims of Violent Crime Compensation Act of 1996 (D.C. Code, sec.
3-421 et seq.), as amended by this section.
SEC. 161. CERTIFICATION- None of the funds contained in this Act may be
used after the expiration of the 60-day period that begins on the date of the
enactment of this Act to pay the salary of any chief financial officer of any
office of the District of Columbia government (including any independent
agency of the District) who has not filed a certification with the Mayor and
the Chief Financial Officer of the District of Columbia that the officer
understands the duties and restrictions applicable to the officer and their
agency as a result of this Act.
SEC. 162. The proposed budget of the government of the District of
Columbia for fiscal year 2001 that is submitted by the District to Congress
shall specify potential adjustments that might become necessary in the event
that the management savings achieved by the District during the year do not
meet the level of management savings projected by the District under the
proposed budget.
SEC. 163. In submitting any document showing the budget for an office of
the District of Columbia government (including an independent agency of the
District) that contains a category of activities labeled as `other',
`miscellaneous', or a similar general, nondescriptive term, the document shall
include a description of the types of activities covered in the category and a
detailed breakdown of the amount allocated for each such activity.
SEC. 164. (a) AUTHORIZING CORPS OF ENGINEERS TO PERFORM REPAIRS AND
IMPROVEMENTS- In using the funds made available under this Act for carrying
out improvements to the Southwest Waterfront in the District of Columbia
(including upgrading marina dock pilings and paving and restoring walkways in
the marina and fish market areas) for the portions of Federal property in the
Southwest quadrant of the District of Columbia within Lots 847 and 848, a
portion of Lot 846, and the unassessed Federal real property adjacent to Lot
848 in Square 473, any entity of the District of Columbia government
(including the District of Columbia Financial Responsibility and Management
Assistance Authority or its designee) may place orders for engineering and
construction and related services with the Chief of Engineers of the United
States Army Corps of Engineers. The Chief of Engineers may accept such orders
on a reimbursable basis and may provide any part of such services by contract.
In providing such services, the Chief of Engineers shall follow the Federal
Acquisition Regulations and the implementing Department of Defense
regulations.
(b) TIMING FOR AVAILABILITY OF FUNDS UNDER 1999 ACT-
(1) IN GENERAL- The District of Columbia Appropriations Act, 1999
(Public Law 105-277; 112 Stat. 2681-124) is amended in the item relating to
`FEDERAL FUNDS--Federal Payment for Waterfront Improvements'--
(A) by striking `existing lessees' the first place it appears and
inserting `existing lessees of the Marina'; and
(B) by striking `the existing lessees' the second place it appears and
inserting `such lessees'.
(2) EFFECTIVE DATE- This subsection shall take effect as if included in
the District of Columbia Appropriations Act, 1999.
(c) Additional Funding for Improvements Carried Out Through Corps of
Engineers-
(1) IN GENERAL- There is hereby transferred from the District of
Columbia Financial Responsibility and Management Assistance Authority to the
Mayor the sum of $3,000,000 for carrying out the improvements described in
subsection (a) through the Chief of Engineers of the United States Army
Corps of Engineers.
(2) SOURCE OF FUNDS- The funds transferred under paragraph (1) shall be
derived from the escrow account held by the District of Columbia Financial
Responsibility and Management Assistance Authority pursuant to section 134
of division A of the Omnibus Consolidated and Emergency Supplemental
Appropriations Act, 1999 (Public Law 105-277; 112 Stat. 2681-552), for
infrastructure needs of the District of Columbia.
(d) QUARTERLY REPORTS ON PROJECT- The Mayor shall submit reports to the
Committee on Appropriations of the House of Representatives and the Committee
on Appropriations of the Senate on the status of the improvements described in
subsection (a) for each calendar quarter occurring until the improvements are
completed.
SEC. 165. It is the sense of the Congress that the District of Columbia
should not impose or take into consideration any height, square footage,
set-back, or other construction or zoning requirements in authorizing the
issuance of industrial revenue bonds for a project of the American National
Red Cross at 2025 E Street Northwest, Washington, D.C., in as much as this
project is subject to approval of the National Capital Planning Commission and
the Commission of Fine Arts pursuant to section 11 of the joint resolution
entitled `Joint Resolution to grant authority for the erection of a permanent
building for the American National Red Cross, District of Columbia Chapter,
Washington, District of Columbia', approved July 1, 1947 (Public Law 100-637;
36 U.S.C. 300108 note).
SEC. 166. (a) PERMITTING COURT SERVICES AND OFFENDER SUPERVISION AGENCY TO
CARRY OUT SEX OFFENDER REGISTRATION- Section 11233(c) of the National Capital
Revitalization and Self-Government Improvement Act of 1997 (D.C. Code, sec.
24-1233(c)) is amended by adding at the end the following new paragraph:
`(5) SEX OFFENDER REGISTRATION- The Agency shall carry out sex offender
registration functions in the District of Columbia, and shall have the
authority to exercise all powers and functions relating to sex offender
registration that are granted to the Agency under any District of Columbia
law.'.
(b) AUTHORITY DURING TRANSITION TO FULL OPERATION OF AGENCY-
(1) AUTHORITY OF PRETRIAL SERVICES, PAROLE, ADULT PROBATION AND OFFENDER
SUPERVISION TRUSTEE- Notwithstanding section 11232(b)(1) of the National
Capital Revitalization and Self-Government Improvement Act of 1997 (D.C.
Code, sec. 24-1232(b)(1)), the Pretrial Services, Parole, Adult Probation
and Offender Supervision Trustee appointed under section 11232(a) of such
Act (hereafter referred to as the `Trustee') shall, in accordance with
section 11232 of such Act, exercise the powers and functions of the Court
Services and Offender Supervision Agency for the District of Columbia
(hereafter referred to as the `Agency') relating to sex offender
registration (as granted to the Agency under any District of Columbia law)
only upon the Trustee's certification that the Trustee is able to assume
such powers and functions.
(2) AUTHORITY OF METROPOLITAN POLICE DEPARTMENT- During the period that
begins on the date of the enactment of the Sex Offender Registration
Emergency Act of 1999 and ends on the date the Trustee makes the
certification described in paragraph (1), the Metropolitan Police Department
of the District of Columbia shall have the authority to carry out any powers
and functions relating to sex offender registration that are granted to the
Agency or to the Trustee under any District of Columbia law.
SEC. 167. (a) None of the funds contained in this Act may be used to enact
or carry out any law, rule, or regulation to legalize or otherwise reduce
penalties associated with the possession, use, or distribution of any schedule
I substance under the Controlled Substances Act (21 U.S.C. 802) or any
tetrahydrocannabinols derivative.
(b) The Legalization of Marijuana for Medical Treatment Initiative of
1998, also known as Initiative 59, approved by the electors of the District of
Columbia on November 3, 1998, shall not take effect.
SEC. 168. (a) IN GENERAL- There is hereby transferred from the District of
Columbia Financial Responsibility and Management Assistance Authority
(hereinafter referred to as the `Authority') to the District of Columbia the
sum of $5,000,000 for the Mayor, in consultation with the Council of the
District of Columbia, to provide offsets against local taxes for a commercial
revitalization program, such program to be available in enterprise zones and
low and moderate income areas in the District of Columbia: Provided,
That in carrying out such a program, the Mayor shall use Federal commercial
revitalization proposals introduced in Congress as a guideline.
(b) SOURCE OF FUNDS- The amount transferred under subsection (a) shall be
derived from interest earned on accounts held by the Authority on behalf of
the District of Columbia.
(c) REPORT- Not later than 180 days after the date of the enactment of
this Act, the Mayor shall report to the Committees on Appropriations of the
Senate and House of Representatives on the progress made in carrying out the
commercial revitalization program.
SEC. 169. Section 456 of the District of Columbia Home Rule Act (section
47-231 et seq. of the D.C. Code, as added by the Federal Payment
Reauthorization Act of 1994 (Public Law 103-373)) is amended--
(1) in subsection (a)(1), by striking `District of Columbia Financial
Responsibility and Management Assistance Authority' and inserting `Mayor';
and
(2) in subsection (b)(1), by striking `Authority' and inserting
`Mayor'.
SEC. 170. (a) FINDINGS- The Congress finds the following:
(1) The District of Columbia has recently witnessed a spate of senseless
killings of innocent citizens caught in the crossfire of shootings. A
Justice Department crime victimization survey found that while the city saw
a decline in the homicide rate between 1996 and 1997, the rate was the
highest among a dozen cities and more than double the second highest
city.
(2) The District of Columbia has not made adequate funding available to
fight drug abuse in recent years, and the city has not deployed its
resources as effectively as possible. In fiscal year 1998, $20,900,000 was
spent on publicly funded drug treatment in the District compared to
$29,000,000 in fiscal year 1993. The District's Addiction and Prevention and
Recovery Agency currently has only 2,200 treatment slots, a 50 percent drop
from 1994, with more than 1,100 people on waiting lists.
(3) The District of Columbia has seen a rash of inmate escapes from
halfway houses. According to Department of Corrections records, between
October 21, 1998 and January 19, 1999, 376 of the 1,125 inmates assigned to
halfway houses walked away. Nearly 280 of the 376 escapees were awaiting
trial including two charged with murder.
(4) The District of Columbia public schools system faces serious
challenges in correcting chronic problems, particularly long-standing
deficiencies in providing special education services to the 1 in 10 District
students needing program benefits, including backlogged assessments, and
repeated failure to meet a compliance agreement on special education reached
with the Department of Education.
(5) Deficiencies in the delivery of basic public services from cleaning
streets to waiting time at Department of Motor Vehicles to a rat population
estimated earlier this year to exceed the human population have generated
considerable public frustration.
(6) Last year, the District of Columbia forfeited millions of dollars in
Federal grants after Federal auditors determined that several agencies
exceeded grant restrictions and in other instances, failed to spend funds
before the grants expired.
(7) Findings of a 1999 report by the Annie E. Casey Foundation that
measured the well-being of children reflected that, with one exception, the
District ranked worst in the United States in every category from infant
mortality to the rate of teenage births to statistics chronicling child
poverty.
(b) SENSE OF THE CONGRESS- It is the sense of the Congress that in
considering the District of Columbia's fiscal year 2001 budget, the Congress
will take into consideration progress or lack of progress in addressing the
following issues:
(1) Crime, including the homicide rate, implementation of community
policing, the number of police officers on local beats, and the closing down
of open-air drug markets.
(2) Access to drug abuse treatment, including the number of treatment
slots, the number of people served, the number of people on waiting lists,
and the effectiveness of treatment programs.
(3) Management of parolees and pretrial violent offenders, including the
number of halfway house escapes and steps taken to improve monitoring and
supervision of halfway house residents to reduce the number of
escapes.
(4) Education, including access to special education services and
student achievement.
(5) Improvement in basic city services, including rat control and
abatement.
(6) Application for and management of Federal grants.
(7) Indicators of child well-being.
SEC. 171. The Mayor, prior to using Federal Medicaid payments to
Disproportionate Share Hospitals to serve a small number of childless adults,
should consider the recommendations of the Health Care Development Commission
that has been appointed by the Council of the District of Columbia to review
this program, and consult and report to Congress on the use of these funds.
SEC. 172. GAO STUDY OF DISTRICT OF COLUMBIA CRIMINAL JUSTICE SYSTEM. Not
later than 1 year after the date of the enactment of this Act, the Comptroller
General of the United States shall--
(1) conduct a study of the law enforcement, court, prison, probation,
parole, and other components of the criminal justice system of the District
of Columbia, in order to identify the components most in need of additional
resources, including financial, personnel, and management resources;
and
(2) submit to Congress a report on the results of the study under
paragraph (1).
SEC. 173. Nothing in this Act bars the District of Columbia Corporation
Counsel from reviewing or commenting on briefs in private lawsuits, or from
consulting with officials of the District government regarding such
lawsuits.
SEC. 174. WIRELESS COMMUNICATIONS. (a) IN GENERAL- Not later than 7 days
after the date of the enactment of this Act, the Secretary of the Interior,
acting through the Director of the National Park Service, shall--
(1) implement the notice of decision approved by the National Capital
Regional Director, dated April 7, 1999, including the provisions of the
notice of decision concerning the issuance of right-of-way permits at market
rates; and
(2) expend such sums as are necessary to carry out paragraph (1).
(b) ANTENNA APPLICATIONS-
(1) IN GENERAL- Not later than 120 days after the receipt of an
application, a Federal agency that receives an application submitted after
the enactment of this Act to locate a wireless communications antenna on
Federal property in the District of Columbia or surrounding area over which
the Federal agency exercises control shall take final action on the
application, including action on the issuance of right-of-way permits at
market rates.
(2) EXISTING LAW- Nothing in this subsection shall be construed to
affect the applicability of existing laws regarding--
(A) judicial review under chapter 7 of title 5, United States Code
(the Administrative Procedure Act), and the Communications Act of
1934;
(B) the National Environmental Policy Act, the National Historic
Preservation Act and other applicable Federal statutes; and
(C) the authority of a State or local government or instrumentality
thereof, including the District of Columbia, in the placement,
construction, and modification of personal wireless service
facilities.
SEC. 175. (a)(1) The first paragraph under the heading `Community
Development Block Grants' in title II of H.R. 2684 (Public Law 106-74) is
amended by inserting after `National American Indian Housing Council,' the
following: `$4,000,000 shall be available as a grant for the Special Olympics
in Anchorage, Alaska to develop the Ben Boeke Arena and Hilltop Ski Area,';
and
(2) The paragraph that includes the words `Economic Development Initiative
(EDI)' under the heading `Community Development Block Grants' in title II of
H.R. 2684 (Public Law 106-74) is amended by striking `$240,000,000' and
inserting `$243,500,000'.
(b) The statement of the managers of the committee of conference
accompanying H.R. 2684 is deemed to be amended under the heading `Community
Development Block Grants' to include in the description of targeted economic
development initiatives the following:
`--$1,000,000 for the New Jersey Community Development Corporation for
the construction of the New Jersey Community Development Corporation's
Transportation Opportunity Center;
`--$750,000 for South Dakota State University in Brookings, South Dakota
for the development of a performing arts center;
`--$925,000 for the Florida Association of Counties for a Rural Capacity
Building Pilot Project in Tallahassee, Florida;
`--$500,000 for the Osceola County Agriculture Center for construction
of a new and expanded agriculture center in Osceola County, Florida;
`--$1,000,000 for the University of Syracuse in Syracuse, New York for
electrical infrastructure improvements.'; and the current descriptions are
amended as follows:
`--$1,700,000 to the City of Miami, Florida for the development of a
Homeownership Zone to assist residents displaced by the demolition of public
housing in the Model City area;' is amended to read as follows:
`--$1,700,000 to Miami-Dade County, Florida for an economic development
project at the Opa-locka Neighborhood Center;';
`--$250,000 to the Arizona Science Center in Yuma, Arizona for its
after-school program for inner-city youth;' is amended to read as
follows:
`--$250,000 to the Arizona Science Center in Phoenix, Arizona for its
after-school program for inner-city youth;';
`--$200,000 to the Schuylkill County Fire Fighters Association for a
smoke-maze building on the grounds of the firefighters facility in Morea,
Pennsylvania;' is amended to read as follows:
`--$200,000 to the Schuylkill County Fire Fighters Association for a
smoke-maze building and other facilities and improvements on the grounds of
the firefighters facility in Morea, Pennsylvania;'.
(c) Notwithstanding any other provision of law, the $2,000,000 made
available pursuant to Public Law 105-276 for Pittsburgh, Pennsylvania to
redevelop the Sun Co./LTV Steel Site in Hazelwood, Pennsylvania is available
to the Department of Economic Development in Allegheny County, Pennsylvania
for the development of a technology based project in the county.
(d) Insert the following new sections at the end of the administrative
provisions in title II of H.R. 2684 (Public Law 106-74):
`FHA MULTIFAMILY MORTGAGE CREDIT DEMONSTRATION
`SEC. 226. Section 542 of the Housing and Community Development Act of
1992 is amended--
`(1) in subsection (b)(5) by striking `during fiscal year 1999' and
inserting `in each of the fiscal years 1999 and 2000'; and
`(2) in the first sentence of subsection (c)(4) by striking `during
fiscal year 1999' and inserting `in each of fiscal years 1999 and
2000'.
`DRUG ELIMINATION PROGRAM
`SEC. 227. (a) Section 5126(4) of the Public and Assisted Housing Drug
Elimination Act of 1990 is amended--
`(1) in subparagraph (B), by inserting after `1965;' the following:
`or';
`(2) in subparagraph (C), by striking `1937: or' and inserting `1937.';
and
`(3) by striking subparagraph (D).
`(b) The amendments made by subsection (a) shall be construed to have
taken effect on October 21, 1998.'.
This title may be cited as the `District of Columbia Appropriations Act,
2000'.
TITLE II--TAX REDUCTION
SEC. 201. COMMENDING REDUCTION OF TAXES BY DISTRICT OF COLUMBIA. The
Congress commends the District of Columbia for its action to reduce taxes, and
ratifies D.C. Act 13-110 (commonly known as the Service Improvement and Fiscal
Year 2000 Budget Support Act of 1999).
SEC. 202. RULE OF CONSTRUCTION. Nothing in this title may be construed to
limit the ability of the Council of the District of Columbia to amend or
repeal any provision of law described in this title.
DIVISION B
DEPARTMENTS OF LABOR, HEALTH AND HUMAN SERVICES, AND EDUCATION, AND RELATED
AGENCIES APPROPRIATIONS
For programs, projects, and activities in the Departments of Labor, Health
and Human Services, and Education, and Related Agencies Appropriations Act,
2000, provided as follows, to be effective as if it had been enacted into law
as the regular appropriations Act:
An Act
Making appropriations for the Departments of Labor, Health and Human
Services, and Education, and Related Agencies for the fiscal year ending
September 30, 2000, and for other purposes.
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 Stewart B. McKinney Homeless Assistance Act; the Women in Apprenticeship
and Nontraditional Occupations Act; the National Skill Standards Act of 1994;
and the School-to-Work Opportunities Act; $3,002,618,000 plus reimbursements,
of which $1,650,153,000 is available for obligation for the period July 1,
2000 through June 30, 2001; of which $1,250,965,000 is available for
obligation for the period April 1, 2000 through June 30, 2001; of which
$35,500,000 is available for the period July 1, 2000 through June 30, 2003
including $34,000,000 for necessary expenses of construction, rehabilitation,
and acquisition of Job Corps centers, and $1,500,000 under authority of
section 171(d) of the Workforce Investment Act for use by the Organizing
Committee for the 2001 Special Olympics World Winter Games in Alaska to
promote employment opportunities for individuals with disabilities and other
staffing needs; and of which $55,000,000 shall be available from July 1, 2000
through September 30, 2001, for carrying out activities of the School-to-Work
Opportunities Act: Provided, That $58,800,000 shall be for carrying
out section 166 of the Workforce Investment Act, including $5,000,000 for
carrying out section 166(j)(1) of the Workforce Investment Act, including the
provision of assistance to American Samoans who reside in Hawaii for the
co-location of federally funded and State-funded workforce investment
activities, and $7,000,000 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.
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, 2000 through June 30, 2001; and of which
$100,000,000 is available for the period October 1, 2000 through June 30,
2003, for necessary expenses of construction, rehabilitation, and acquisition
of Job Corps centers.
COMMUNITY SERVICE EMPLOYMENT FOR OLDER AMERICANS
To carry out the activities for national grants or contracts with public
agencies and public or private nonprofit organizations under paragraph (1)(A)
of section 506(a) of title V of the Older Americans Act of 1965, as amended,
or to carry out older worker activities as subsequently authorized,
$343,356,000.
To carry out the activities for grants to States under paragraph (3) of
section 506(a) of title V of the Older Americans Act of 1965, as amended, or
to carry out older worker activities as subsequently authorized,
$96,844,000.
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, $415,150,000, 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, $163,452,000, together with not to
exceed $3,090,288,000 (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 1201 of the Small Business
Job Protection Act of 1996, 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, 2000, except that funds used for automation acquisitions shall be
available for obligation by the States through September 30, 2002; and of
which $163,452,000, together with not to exceed $738,283,000 of the amount
which may be expended from said trust fund, shall be available for obligation
for the period July 1, 2000 through June 30, 2001, 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, and of which $125,000,000 shall be available only
to the extent necessary for additional State allocations to administer
unemployment compensation laws to finance increases in the number of
unemployment insurance claims filed and claims paid or changes in a State law:
Provided, That to the extent that the Average Weekly Insured
Unemployment (AWIU) for fiscal year 2000 is projected by the Department of
Labor to exceed 2,638,000, 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 network 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 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, 2001, $356,000,000.
In addition, for making repayable advances to the Black Lung Disability
Trust Fund in the current fiscal year after September 15, 2000, 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,
$100,944,000, 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
$45,056,000, 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, $96,000,000.
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, 2000, for
such Corporation: Provided, That not to exceed $11,155,000 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, $333,260,000, together with
$1,740,000 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
as 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, $79,000,000 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, 1999, 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, 2000: Provided
further, That of those funds transferred to this account from the fair
share entities to pay the cost of administration, $21,849,000 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 and medical bill review, in support of Federal Employees' Compensation
Act administration, $13,433,000; (2) for program staff training to operate the
new imaging system, $1,300,000; (3) for the periodic roll review program,
$7,116,000; and (4) 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, $1,013,633,000, of
which $963,506,000 shall be available until September 30, 2001, 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 $28,676,000 shall
be available for transfer to Employment Standards Administration, Salaries and
Expenses, $20,783,000 for transfer to Departmental Management, Salaries and
Expenses, $312,000 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, $370,000,000, including not to exceed $81,000,000 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, 2000, 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
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,
$228,373,000, 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 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; 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, $353,781,000, of which $6,986,000 shall be
for expenses of revising the Consumer Price Index and shall remain available
until September 30, 2001, together with not to exceed $55,663,000, which may
be expended from the Employment Security Administration account in the
Unemployment Trust Fund.
Departmental Management
SALARIES AND EXPENSES
For necessary expenses for Departmental Management, including the hire of
three sedans, and including up to $7,250,000 for the President's Committee on
Employment of People With Disabilities, and including the management or
operation of Departmental bilateral and multilateral foreign technical
assistance, $210,478,000; 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.).
ASSISTANT SECRETARY FOR VETERANS EMPLOYMENT AND TRAINING
Not to exceed $184,341,000 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, 2000.
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,
$48,095,000, together with not to exceed $3,830,000, 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.
This title may be cited as the `Department of Labor Appropriations Act,
2000'.
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, and the Native Hawaiian
Health Care Act of 1988, as amended, $4,429,292,000, of which $150,000 shall
remain available until expended for interest subsidies on loan guarantees made
prior to fiscal year 1981 under part B of title VII of the Public Health
Service Act, and of which $104,052,000 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 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, $214,932,000 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 $518,000,000 shall be for State AIDS Drug Assistance
Programs authorized by section 2616 of the Public Health Service Act:
Provided further, That, notwithstanding section 502(a)(1) of the
Social Security Act, not to exceed $108,742,000 is available for carrying out
special projects of regional and national significance pursuant to section
501(a)(2) of such Act: Provided further, That of the amount provided
under the heading, $20,000,000 shall be available for children's hospitals
graduate medical education payments, subject to authorization: Provided
further, That of the amount provided under this heading, $900,000 shall
be for the American Federation of Negro Affairs Education and Research
Fund.
MEDICAL FACILITIES GUARANTEE AND LOAN FUND
FEDERAL INTEREST SUBSIDIES FOR MEDICAL FACILITIES
For carrying out subsections (d) and (e) of section 1602 of the Public
Health Service Act, $1,000,000, together with any amounts received by the
Secretary in connection with loans and loan guarantees under title VI of the
Public Health Service Act, to be available without fiscal year limitation for
the payment of interest subsidies. During the fiscal year, no commitments for
direct loans or loan guarantees shall be made.
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, $3,688,000.
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 $3,000,000 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, $2,798,886,000 of which
$60,000,000 shall remain available until expended 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:
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 notwithstanding any other provision of law, a single
contract or related contracts for the development and construction of the
infectious disease laboratory through the General Services Administration 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 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 10
States: Provided further, That of the amount provided under this
heading, $3,000,000 shall be for the Center for Environmental Medicine and
Toxicology at the University of Mississippi Medical Center at Jackson and
$1,000,000 shall be for the University of South Alabama birth defects
monitoring and prevention activities.
In addition, $51,000,000, to be derived from the Violent Crime Reduction
Trust Fund, for carrying out sections 40151 and 40261 of Public Law
103-322.
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, $3,332,317,000.
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, $2,040,291,000.
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, $270,253,000.
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, $1,147,588,000.
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, $1,034,886,000.
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, $1,803,063,000.
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, $1,361,668,000.
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, $862,884,000.
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, $452,706,000.
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, $444,817,000.
NATIONAL INSTITUTE ON AGING
For carrying out section 301 and title IV of the Public Health Service Act
with respect to aging, $690,156,000.
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,
$351,840,000.
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 deafness and other communication disorders, $265,185,000.
NATIONAL INSTITUTE OF NURSING RESEARCH
For carrying out section 301 and title IV of the Public Health Service Act
with respect to nursing research, $90,000,000.
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, $293,935,000.
NATIONAL INSTITUTE ON DRUG ABUSE
For carrying out section 301 and title IV of the Public Health Service Act
with respect to drug abuse, $689,448,000.
NATIONAL INSTITUTE OF MENTAL HEALTH
For carrying out section 301 and title IV of the Public Health Service Act
with respect to mental health, $978,360,000.
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, $337,322,000.
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,
$680,176,000: 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, $43,723,000.
NATIONAL LIBRARY OF MEDICINE
For carrying out section 301 and title IV of the Public Health Service Act
with respect to health information communications, $215,214,000, of which
$4,000,000 shall be available until expended for improvement of information
systems: Provided, That in fiscal year 2000, 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, $68,753,000.
OFFICE OF THE DIRECTOR
(INCLUDING TRANSFER OF FUNDS)
For carrying out the responsibilities of the Office of the Director,
National Institutes of Health, $283,509,000, of which $44,953,000 shall be for
the Office of AIDS Research: Provided, That funding shall be
available for the purchase of not to exceed 29 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, $135,376,000, to remain available until
expended.
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,
$2,549,728,000.
Agency for Health Care Policy and Research
HEALTH CARE POLICY AND RESEARCH
For carrying out titles III and IX of the Public Health Service Act, and
part A of title XI of the Social Security Act, $111,424,000; in addition,
amounts received from Freedom of Information Act fees, reimbursable and
interagency agreements, and the sale of data tapes 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 $83,576,000.
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, $86,087,393,000, to remain available until expended.
For making, after May 31, 2000, payments to States under title XIX of the
Social Security Act for the last quarter of fiscal year 2000 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 2001, $30,589,003,000, 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, $69,289,100,000.
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 $1,971,648,000, 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 $2,000,000 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 $3,000,000 of the amount
available for research, demonstration, and evaluation activities shall be
awarded to an application from the University of Pennsylvania Medical Center,
the University of Louisville Sciences Center, and St. Vincent's Hospital in
Montana to conduct a demonstration to reduce hospitalizations among high-risk
patients with congestive heart failure: Provided further, That
$2,000,000 of the amount available for research, demonstration, and evaluation
activities shall be awarded to the AIDS Healthcare Foundation in Los Angeles:
Provided further, That $100,000 of the amount available for research,
demonstration, and evaluation activities shall be awarded to Littleton
Regional Hospital in New Hampshire, to assist in the development of rural
emergency medical services: Provided further, That $250,000 of the
amount available for research, demonstration, and evaluation activities shall
be awarded to the University of Missouri-Kansas City to test behavorial
interventions of nursing home residents with moderate to severe dementia:
Provided further, That the Secretary of Health and Human Services is
directed to collect, in aggregate, $95,000,000 in fees in fiscal year 2000
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 2000, 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), for the first quarter of fiscal year 2001,
$650,000,000.
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, $1,100,000,000, to be available for obligation in the period
October 1, 2000 through September 30, 2001.
For making payments under title XXVI of such Act, $300,000,000:
Provided, That these funds are hereby designated by 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 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 the Balanced
Budget and Emergency Deficit Control Act of 1985.
The $1,100,000,000 provided in the first paragraph under this heading in
the Departments of Labor, Health and Human Services, and Education, and
Related Agencies Appropriations Act, 1999 (as contained in section 101(f) of
division A of Public Law 105-277) is hereby designated by the Congress as an
emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget
and Emergency Deficit Control Act of 1985: Provided, That such funds
shall be available only if the President submits to the Congress one official
budget request for $1,100,000,000 that includes designation of the entire
amount as an emergency requirement pursuant to such section: Provided
further, That such funds shall be distributed in accordance with section
2604 of the Omnibus Budget Reconciliation Act of 1981 (42 U.S.C. 8623), other
than subsection (e) of such section.
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),
$419,005,000: Provided, That funds appropriated pursuant to section
414(a) of the Immigration and Nationality Act under Public Law 105-78 for
fiscal year 1998 and under Public Law 105-277 for fiscal year 1999 shall be
available for the costs of assistance provided and other activities through
September 30, 2001.
For carrying out section 5 of the Torture Victims Relief Act of 1998
(Public Law 105-320), $7,500,000.
The $426,505,000 provided under this heading is hereby designated by the
Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the
Balanced Budget and Emergency Deficit Control Act of 1985: Provided,
That such funds shall be available only if the President submits to the
Congress one official budget request for $426,505,000 that includes
designation of the entire amount as an emergency requirement pursuant to such
section.
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), to become available on October 1, 2000 and remain available through
September 30, 2001, $1,182,672,000: Provided, That $19,120,000 shall
be available for child care resource and referral and school-aged child care
activities.
SOCIAL SERVICES BLOCK GRANT
For making grants to States pursuant to section 2002 of the Social
Security Act, $1,700,000,000: Provided, That: (1) notwithstanding
section 2003(c) of such Act, as amended, the amount specified for allocation
under such section for fiscal year 2000 shall be $1,700,000,000; and (2)
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 for fiscal year 2000 shall be
4.25 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, part B(1) of title IV
and sections 413, 429A, 1110, and 1115 of the Social Security Act; 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, $6,708,733,000, of which
$43,000,000, to remain available until September 30, 2001, 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); of which $567,065,000
shall be for making payments under the Community Services Block Grant Act; and
of which $5,267,000,000 shall be for making payments under the Head Start Act,
of which $1,400,000,000 shall become available October 1, 2000 and remain
available through September 30, 2001: 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.
In addition, $101,000,000, to be derived from the Violent Crime Reduction
Trust Fund for carrying out sections 40155, 40211, and 40241 of Public Law
103-322.
Funds appropriated for fiscal year 2000 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 2000 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, $295,000,000.
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, $4,307,300,000.
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 2001,
$1,538,000,000.
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
Service Act, $930,225,000: 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: Provided
further, That in considering grant applications for nutrition services
for elder Indian recipients, the Assistant Secretary shall provide maximum
flexibility to applicants who seek to take into account subsistence, local
customs, and other characteristics that are appropriate to the unique
cultural, regional, and geographic needs of the American Indian, Alaska and
Hawaiian Native communities to be served.
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, $209,701,000, of which $20,000,000 shall become
available on October 1, 2000, and shall remain available until September 30,
2001, 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, That $450,000 shall be for a contract with the National
Academy of Sciences to conduct a study of the proposed tuberculosis standard
promulgated by the Occupational Safety and Health Administration: Provided
further, That said contract shall be awarded not later than 60 days after
the enactment of this Act: Provided further, That said study shall be
submitted to the Congress not later than 12 months after award of the
contract: Provided further, That of the funds made available under
this heading for carrying out title XX of the Public Health Service Act,
$10,569,000 shall be for activities specified under section 2003(b)(2), of
which $9,131,000 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 $2,000,000 shall be available to the Office of
the Surgeon General, within the Office of Public Health and Science, to
prepare and disseminate the findings of the Surgeon General's report on youth
violence, and to coordinate with other agencies throughout the Federal
Government, through the establishment of a Federal Coordinating Committee,
activities to prevent youth violence: Provided further, That the
Secretary may transfer a portion of such funds to other Federal entities for
youth violence prevention coordination activities.
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,
$31,500,000.
OFFICE FOR CIVIL RIGHTS
For expenses necessary for the Office for Civil Rights, $18,338,000,
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, $17,000,000.
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,
$181,600,000: Provided, That this amount is distributed as follows:
Centers for Disease Control and Prevention, $122,000,000, of which $30,000,000
shall be for the Health Alert Network, $1,000,000 shall be for the Carnegie
Mellon Research Institute, $1,000,000 shall be for the St. Louis University
School of Public Health, $1,000,000 shall be for the University of Texas
Medical Branch at Galveston, and $1,000,000 shall be for the Johns Hopkins
University Center for Civilian Biodefense; Office of the Secretary,
$30,000,000, Agency for Health Care Policy and Research, $5,000,000, and
Office of Emergency Preparedness, $24,600,000. In addition, for expenses
necessary for the portion of the Global Health Initiative conducted by the
Centers for Disease Control and Prevention, $69,000,000: Provided
further, That this amount is distributed as follows: $35,000,000 shall be
for international HIV/AIDS programs, $9,000,000 shall be for malaria programs,
$5,000,000 shall be for global micronutrient malnutrition programs and
$20,000,000 shall be for carrying out polio eradication activities. In
addition, $150,000,000 for carrying out the Department's Year 2000 computer
conversion activities, $5,000,000 for the environmental health laboratory at
the Centers for Disease Control and Prevention, $35,000,000 for minority AIDS
prevention and treatment activities, $20,000,000 for the National Institutes
of Health challenge grant program, and $50,000,000 to support the Ricky Ray
Hemophilia Relief Fund Act of 1998: Provided further, That
notwithstanding any other provision of law, up to $10,000,000 of the amount
provided for the Ricky Ray Hemophilia Relief Fund Act may be available for
administrative expenses: Provided further, That the entire amount
under this heading is 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, as amended: Provided further,
That the entire amount under this heading 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 the Balanced Budget and Emergency Deficit Control
Act of 1985, as amended: Provided further, That no funds shall be
obligated until the Department of Health and Human Services submits an
operating plan to the House and Senate Committees on Appropriations.
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
II.
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. (a) The final rule entitled `Organ Procurement and
Transplantation Network', promulgated by the Secretary of Health and Human
Services on April 2, 1998 (63 Fed. Reg. 16295 et seq.) (relating to part 121
of title 42, Code of Federal Regulations), together with the amendments to
such rules promulgated on October 20, 1999 (64 Fed. Reg. 56649 et seq.) shall
not become effective before the expiration of the 90 day period beginning on
the date of the enactment of this Act.
(b) For purposes of subsection (a):
(1) Not later than 3 days after the date of the enactment of this Act,
the Secretary of Health and Human Services (referred to in this section as
the `Secretary') shall publish in the Federal Register a notice providing
that the period within which comments on the final rule may be submitted to
the Secretary is 60 days after the date of such publication of the
notice.
(2) Not later than 21 days after the expiration of such 60-day period,
the Secretary shall complete the review of the comments submitted pursuant
to paragraph (1) and shall amend the final rule with any revisions
appropriate according to the review by the Secretary of such comments. The
final rule may be in the form of amendments to the rule referred to in
subsection (a) that was promulgated on April 2, 1998, and in the form of
amendments to the rule referred to in such subsection that was promulgated
on October 20, 1999.
SEC. 211. 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. 212. (a) MENTAL HEALTH- Section 1918(b) of the Public Health Service
Act (42 U.S.C. 300x-7(b)) is amended to read as follows:
`(b) MINIMUM ALLOTMENTS FOR STATES- With respect to fiscal year 2000, the
amount of the allotment of a State under section 1911 shall not be less than
the amount the State received under section 1911 for fiscal year 1998.'.
(b) SUBSTANCE ABUSE- Section 1933(b) of the Public Health Service Act (42
U.S.C. 300x-33(b)) is amended to read as follows:
`(b) MINIMUM ALLOTMENTS FOR STATES- Each State's allotment for fiscal year
2000 for programs under this subpart shall be equal to such State's allotment
for such programs for fiscal year 1999, except that, if the amount
appropriated in fiscal year 2000 is less than the amount appropriated in
fiscal year 1999, then the amount of a State's allotment under section 1921
shall be equal to the amount that the State received under section 1921 in
fiscal year 1999 decreased by the percentage by which the amount appropriated
for fiscal year 2000 is less than the amount appropriated for such section for
fiscal year 1999.'.
SEC. 213. 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. 214. EXTENSION OF CERTAIN ADJUDICATION PROVISIONS- 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, and 1999' and
inserting `1997, 1998, 1999, and 2000'; and
(B) in subsection (e), by striking `October 1, 1999' each place it
appears and inserting `October 1, 2000'; and
(2) in section 599E (8 U.S.C. 1255 note) in subsection (b)(2), by
striking `September 30, 1999' and inserting `September 30, 2000'.
SEC. 215. None of the funds provided in this Act or in any other Act
making appropriations for fiscal year 2000 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 under authority granted in
section 4011 of the Balanced Budget Act of 1997 (Public Law 105-33)).
SEC. 216. Of the funds appropriated for the National Institutes of Health
for fiscal year 2000, $7,500,000,000 shall not be available for obligation
until September 29, 2000. Of the funds appropriated for the Health Resources
and Services Administration for fiscal year 2000, $1,120,000,000 shall not be
available for obligation until September 29, 2000. Of the funds appropriated
for the Centers for Disease Control and Prevention for fiscal year 2000,
$965,000,000 shall not be available for obligation until September 29, 2000.
Of the funds appropriated for the Children and Families Services Programs for
fiscal year 2000, $400,000,000 shall not be available for obligation until
September 29, 2000. Of the funds appropriated for the Social Services Block
Grant for fiscal year 2000, $425,000,000 shall not be available for obligation
until September 29, 2000. Of the funds appropriated for the Substance Abuse
and Mental Health Services Administration for fiscal year 2000, $450,000,000
shall not be available for obligation until September 29, 2000.
SEC. 217. STUDY AND REPORT ON THE GEOGRAPHIC ADJUSTMENT FACTORS UNDER THE
MEDICARE PROGRAM. (a) STUDY- The Secretary of Health and Human Services shall
conduct a study on--
(1) the reasons why, and the appropriateness of the fact that, the
geographic adjustment factor (determined under paragraph (2) of section
1848(e) (42 U.S.C. 1395w-4(e)) used in determining the amount of payment for
physicians' services under the Medicare program is less for physicians'
services provided in New Mexico than for physicians' services provided in
Arizona, Colorado, and Texas; and
(2) the effect that the level of the geographic cost-of-practice
adjustment factor (determined under paragraph (3) of such section) has on
the recruitment and retention of physicians in small rural States, including
New Mexico, Iowa, Louisiana, and Arkansas.
(b) REPORT- Not later than 3 months after the date of the enactment of
this Act, the Secretary of Health and Human Services shall submit a report to
Congress on the study conducted under subsection (a), together with any
recommendations for legislation that the Secretary determines to be
appropriate as a result of such study.
SEC. 218. WITHHOLDING OF SUBSTANCE ABUSE FUNDS. (a) IN GENERAL- 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 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) AMOUNT OF STATE FUNDS- 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, except that the
Secretary may agree to a smaller commitment of additional funds by the
State.
(c) SUPPLEMENT NOT SUPPLANT- Amounts expended by a State pursuant to a
certification under subsection (a) shall be used to supplement and not
supplant State funds used for tobacco prevention programs and for compliance
activities described in such subsection in the fiscal year preceding the
fiscal year to which this section applies.
(d) ENFORCEMENT OF STATE EXPENDITURE- The Secretary shall exercise
discretion in enforcing the timing of the State expenditure required by the
certification described in subsection (a) as late as July 31, 2000.
SEC. 219. None of the funds made available under this title may be used to
carry out the transmittal of August 13, 1997 (relating to self-administered
drugs) of the Deputy Director of the Division of Acute Care of the Health Care
Financing Administration to regional offices of such Administration or to
promulgate any regulation or other transmittal or policy directive that has
the effect of imposing (or clarifying the imposition of) a restriction on the
coverage of injectable drugs under section 1861(s)(2) of the Social Security
Act beyond the restrictions applied before the date of such transmittal.
SEC. 220. In accordance with section 1557 of title 31, United States Code,
funds obligated and awarded in fiscal years 1994 and 1995 under the heading
`National Cancer Institute' for the Cancer Therapy and Research Center in San
Antonio, Texas, grant numbers 1 C06 CA58690-01 and 3 C06 CA58690-01S1, shall
be exempt from subchapter IV of chapter 15 of such title and the obligated
unexpended dollars shall remain available to the grantee for expenditure
without fiscal year limitation to fulfill the purpose of the award.
This title may be cited as the `Department of Health and Human Services
Appropriations Act, 2000'.
TITLE III--DEPARTMENT OF EDUCATION
EDUCATION REFORM
For carrying out activities authorized by titles III and IV of the Goals
2000: Educate America Act, the School-to-Work Opportunities Act, and sections
3122, 3132, 3136, and 3141, parts B, C, and D of title III, and part I of
title X of the Elementary and Secondary Education Act of 1965, $1,586,560,000,
of which $456,500,000 for the Goals 2000: Educate America Act and $55,000,000
for the School-to-Work Opportunities Act shall become available on July 1,
2000 and remain available through September 30, 2001, and of which $87,000,000
shall be for section 3122: Provided, That none of the funds
appropriated under this heading shall be obligated or expended to carry out
section 304(a)(2)(A) of the Goals 2000: Educate America Act, except that no
more than $1,500,000 may be used to carry out activities under section
314(a)(2) of that Act: Provided further, That section 315(a)(2) of
the Goals 2000: Educate America Act shall not apply: Provided
further, 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 of the funds made available
to carry out section 3136 and notwithstanding any other provision of law,
$500,000 shall be awarded to the Houston Independent School District for
technology infrastructure, $8,000,000 shall be awarded to the I CAN LEARN
program, $2,000,000 shall be awarded to the Linking Education Technology and
Educational Reform (LINKS) project for educational technology, $1,000,000
shall be awarded to the Center for Advanced Research and Technology (CART) for
comprehensive secondary education reform, $250,000 shall be awarded to the
Vaughn Reno Starks Community Center in Elizabethtown, Kentucky for a
technology program, $125,000 shall be awarded to the Wyandanch Compel Youth
Academy Educational Assistance Program in New York, $3,000,000 shall be
awarded to Hi-Technology High School in San Bernardino County, California for
technology enhancement, $300,000 shall be awarded to the Long Island 21st
Century Technology and E-Commerce Alliance, $800,000 shall be awarded to
Montana State University for a distance learning initiative, $2,000,000 for
the Tupelo School District in Tupelo, Mississippi for technology innovation in
education, $900,000 for the University of Alaska at Anchorage for distance
learning education, $1,000,000 shall be awarded to the Seton Hill College in
Greensburg, Pennsylvania for a model education technology training program,
$500,000 shall be awarded to the University of Alaska-Fairbanks, in Fairbanks,
Alaska for a teacher technology training program, $200,000 shall be awarded to
the Alaska Department of Education for the Alaska State Distance Education
Technology Consortium, $1,000,000 shall be awarded to the North East
Vocational Area Cooperative in Washington State for a multi-district
technology education center, $400,000 shall be awarded to the University of
Vermont for the Vermont Learning Gateway Program, $2,500,000 shall be awarded
to the State University of New Jersey for the RUNet 2000 project at Rutgers
for an integrated voice-video-data network to link students, faculty and
administration via a high-speed, broad band fiber optic network, $500,000
shall be awarded to the Iowa Area Education Agency 13 for a public/private
partnership to demonstrate the effective use of technology in grades 1-3,
$235,000 shall be for the Louisville Deaf Oral School for technology
enhancements: Provided further, That in the State of Alabama $50,000
shall be awarded to the Bibb County Board of Education for technology
enhancements, $50,000 shall be awarded to the Calhoun County Board of
Education for technology enhancements, $50,000 shall be awarded to the
Chambers County Board of Education for technology enhancements, $50,000 shall
be awarded to the Chilton County Board of Education for technology
enhancements, $50,000 shall be awarded to the Clay County Board of Education
for technology enhancements, $50,000 shall be awarded to the Cleburne County
Board of Education for technology enhancements, $50,000 shall be awarded to
the Coosa County Board of Education for technology enhancements, $50,000 shall
be awarded to the Lee County Board of Education for technology enhancements,
$50,000 shall be awarded to the Macon County Board of Education for technology
enhancements, $50,000 shall be awarded to the St. Clair County Board of
Education for technology enhancements, $50,000 shall be awarded to the
Talladega County Board of Education for technology enhancements, $50,000 shall
be awarded to the Tallapoosa County Board of Education for technology
enhancements, $50,000 shall be awarded to the Randolph County Board of
Education for technology enhancements, $50,000 shall be awarded to the Russell
County Board of Education for technology enhancements, $50,000 shall be
awarded to the Alexander City Board of Education for technology enhancements,
$50,000 shall be awarded to the Anniston City Board of Education for
technology enhancements, $50,000 shall be awarded to the Lanett City Board of
Education for technology enhancements, $50,000 shall be awarded to the Pell
City Board of Education for technology enhancements, $50,000 shall be awarded
to the Roanoke City Board of Education for technology enhancements, $50,000
shall be awarded to the Talledega City Board of Education for technology
enhancements and $500,000 shall be to continue a state-of-the-art information
technology system at Mansfield University, Mansfield, Pennsylvania:
Provided further, That of the funds made available to carry out title
III, part B of the Elementary and Secondary Education Act of 1965 and
notwithstanding any other provision of law, $750,000 shall be awarded to the
Technology Literacy Center at the Museum of Science and Industry, Chicago,
$1,000,000 shall be awarded to an on-line math and science training program at
Oklahoma State University, $4,000,000 shall be awarded to continue and expand
the Iowa Communications Network statewide fiber optic demonstration project:
Provided further, That of the funds made available for title X, part
I of the Elementary and Secondary Education Act of 1965 and notwithstanding
any other provision of law, $6,000 shall be awarded to the Study Partners
Program, Inc., in Louisville, Kentucky, $12,000 shall be awarded to the
Shawnee Gardens Tenants Association Inc., in Louisville, Kentucky for a
tutorial program, $12,000 shall be awarded to the 100 Black Men of Louisville,
Kentucky for a mentoring and leadership training program, $500,000 shall be
awarded to the Omaha, Nebraska Public Schools for the OPS 21st Century
Learning Grant, $25,000 shall be for the Plymouth Renewal Center in Kentucky
for a tutoring program, $25,000 shall be for the Canaan Community Development
Corporation's Village Learning Center Program, $25,000 shall be for the St.
Stephen Life Center After School Program, $25,000 shall be for the Louisville
Central Community Centers Youth Education Program, $15,000 shall be for the
Trinity Family Life Center tutoring program, $15,000 shall be for the New Zion
Community Development Foundation, Inc., after school mentoring program,
$20,000 shall be for the St. Joseph Catholic Orphan Society program for abused
and neglected children, $25,000 shall be for the Portland Neighborhood House
after school program, and $25,000 shall be for the St. Anthony Community
Outreach Center, Inc., for the Education PAYs program.
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, $8,547,986,000, of
which $2,317,823,000 shall become available on July 1, 2000, and shall remain
available through September 30, 2001, and of which $6,204,763,000 shall become
available on October 1, 2000 and shall remain available through September 30,
2001, for academic year 2000-2001: Provided, That $6,649,000,000
shall be available for basic grants under section 1124: Provided
further, That up to $3,500,000 of these funds shall be available to the
Secretary on October 1, 1999, to obtain updated local-educational-agency-level
census poverty data from the Bureau of the Census: Provided further,
That $1,158,397,000 shall be available for concentration grants under section
1124A: 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 grant awards under sections
1124 and 1124A of title I of the Elementary and Secondary Education Act of
1965 shall be made to each State and local educational agency at no less than
100 percent of the amount such State or local educational agency received
under this authority for fiscal year 1999: 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, 1998, but are not eligible to
receive such a grant for fiscal year 2000: Provided further, That
each such local educational agency shall receive an amount equal to the
Concentration Grant the agency received in fiscal year 1998, ratably reduced,
if necessary, to ensure that these local educational agencies receive no
greater share of their hold-harmless amounts than other local educational
agencies: 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 $160,000,000 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, $910,500,000, of which $737,200,000 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), $76,000,000, to remain available
until expended, shall be for payments under section 8003(f), $10,300,000 shall
be for construction under section 8007, $32,000,000 shall be for Federal
property payments under section 8002 and $5,000,000 to remain available until
expended shall be for facilities maintenance under section 8008:
Provided, That of the funds available for section 8007 and
notwithstanding any other provision of law, $500,000 shall be awarded to the
Fort Sam Houston Independent School District, Texas, $800,000 shall be awarded
to the Hays Lodgepole School District, Montana, and $2,000,000 shall be
awarded to the North Chicago Community Unit SD 187: Provided further,
That these funds shall remain available until expended: Provided
further, That the Secretary of Education shall treat as timely filed, and
shall process for payment, an application for a fiscal year 1999 payment from
the local educational agency for Brookeland, Texas under section 8002 of the
Elementary and Secondary Education Act of 1965 if the Secretary has received
that application not later than 30 days after the enactment of this Act:
Provided further, That section 8002(f) of the Elementary and
Secondary Education Act of 1965 is amended by adding a new paragraph `(3)' at
the end to read as follows:
`(3) For each fiscal year beginning with fiscal year 2000, the Secretary
shall treat the Central Union, California; Island, California; Hill City,
South Dakota; and Wall, South Dakota local educational agencies as meeting
the eligibility requirements of subsection (a)(1)(C) of this
section.':
Provided further, That the Secretary of Education shall consider
all payments received by the educational agency for Hatboro-Horsham and
Delaware Valley, Pennsylvania for fiscal year 1995 under section 8002(a) of
the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7702(a)), and
all payments under section 8002(h)(2)(A) for subsequent years through fiscal
year 1999, to be correct: Provided further, That section 8002(f) of
the Elementary and Secondary Education Act of 1965 is amended by adding at the
end thereof a new paragraph (4) to read as follows:
`(4) For the purposes of payments under this section for each fiscal
year beginning with fiscal year 2000, the Secretary shall treat the Hot
Springs, South Dakota local educational agency as if it had filed a timely
application under section 8002 of the Elementary and Secondary Education Act
of 1965 for fiscal year 1994 if the Secretary has received the fiscal year
1994 application, as well as Exhibits A and B not later than December 1,
1999.':
Provided further, That section 8002(f) of the Elementary and
Secondary Education Act of 1965 is amended by adding at the end thereof a new
paragraph (5) to read as follows:
`(5) For purposes of payments under this section for each fiscal year
beginning with fiscal year 2000, the Secretary shall treat the Hueneme,
California local educational agency as if it had filed a timely application
under section 8002 of the Elementary and Secondary Education Act of 1965 if
the Secretary has received the fiscal year 1995 application not later than
December 1, 1999.':
Provided further, That the Secretary of Education shall treat as
timely filed, and shall process for payment, an application for a fiscal year
1998 payment from the local educational agency for Hydaburg, Alaska, under
section 8003 of the Elementary and Secondary Education Act of 1965 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 treat as timely, and process for payment, an application for
fiscal years 1996 and 1997 payment from the local education agency for
Fallbrook Unified High School District, California, under section 8002 of the
Elementary and Secondary Education Act of 1965, if the Secretary has received
that application not later than 30 days after the enactment of this Act:
Provided further, That for the purpose of computing the amount of a
payment for a local educational agency for children identified under section
8003 of the Elementary and Secondary Education Act of 1965, children residing
in housing initially acquired or constructed under section 801 of the Military
Construction Authorization Act of 1984 (Public Law 98-115) (`Build to Lease'
program) shall be considered as children described under section 8003(a)(1)(B)
if the property described is within the fenced security perimeter of the
military facility upon which such housing is situated: Provided
further, That if such property is not owned by the Federal Government, is
subject to taxation by a State or political subdivision of a State, and
thereby generates revenues for a local educational agency which received a
payment from the Secretary under section 8003, the Secretary shall: (1)
require such local educational agency to provide certification from an
appropriate official of the Department of Defense that such property is being
used to provide military housing; and (2) reduce the amount of such payment by
an amount equal to the amount of revenue from such taxation received in the
second preceding fiscal year by such local educational agency, unless the
amount of such revenue was taken into account by the State for such second
preceding fiscal year and already resulted in a reduction in the amount of
State aid paid to such local educational agency.
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 Stewart B. McKinney Homeless Assistance Act; and the
Civil Rights Act of 1964 and part B of title VIII of the Higher Education Act
of 1965; $2,926,134,000, of which $875,300,000 shall become available on July
1, 2000, and remain available through September 30, 2001, and of which
$1,530,000,000 shall become available on October 1, 2000 and shall remain
available through September 30, 2001 for academic year 2000-2001:
Provided, That of the amount appropriated, $335,000,000 shall be for
Eisenhower professional development State grants under title II-B and
$380,000,000 shall be for title VI and up to $750,000 shall be for an
evaluation of comprehensive regional assistance centers under title XIII of
ESEA: Provided further, That $1,200,000,000 is for a class
size/teacher assistance initiative to be distributed as described in
subparagraphs (A) and (B) of section 307(b)(1) of the Department of Education
Appropriations Act, 1999. School districts may use the funds for class size
reduction activities as described in section 307(c)(2)(A)(i)-(iii) of the
Department of Education Appropriations Act, 1999: Provided further,
That, if the local educational agency determines that it wishes to use the
funds for purposes other than class size reduction as part of a local strategy
for improving academic achievement, funds may be used for professional
development activities, teacher training or any other local need that is
designed to improve student performance: Provided further, That each
such agency shall use funds under this section only to supplement, and not to
supplant, State and local funds, that in absence of such funds, would
otherwise be spent for activities under this section.
READING EXCELLENCE
For necessary expenses to carry out the Reading Excellence Act,
$65,000,000, which shall become available on July 1, 2000 and shall remain
available through September 30, 2001 and $195,000,000 which shall become
available on October 1, 2000 and remain available through September 30,
2001.
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, $77,000,000.
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, without regard to section 7103(b), $387,000,000: 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,
$6,036,646,000, of which $2,047,885,000 shall become available for obligation
on July 1, 2000, and shall remain available through September 30, 2001, and of
which $3,742,000,000 shall become available on October 1, 2000 and shall
remain available through September 30, 2001, for academic year 2000-2001:
Provided, 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 $1,500,000 shall be awarded
to the Organizing Committee for the 2001 Special Olympics World Winter Games
in Alaska and $1,000,000 shall be awarded to the Salt Lake City Organizing
Committee for the VIII Paralympic Winter Games: Provided further,
That $1,000,000 shall be for the Early Childhood Development Project of the
National Easter Seal Society for the Mississippi Delta Region, which funds
shall be used to provide training, technical support, services and equipment
to address personnel and other needs: Provided further, That
$1,000,000 shall be awarded to the Center for Literacy and Assessment at the
University of Southern Mississippi for research dissemination and teacher and
parent training.
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, $2,701,772,000: Provided, That notwithstanding
section 105(b)(1) of the Assistive Technology Act of 1998 (`the AT Act'), each
State shall be provided $50,000 for activities under section 102 of the AT
Act: Provided further, That of the funds available for section 303 of
the Rehabilitation Act of 1973 and notwithstanding any other provision of law,
$750,000 shall be awarded to the Krasnow Institute at George Mason University
for a Receptive Language Disorders research center, $1,000,000 shall be
awarded to the University of Central Florida for a virtual reality-based
education and training program for the deaf, $2,000,000 shall be awarded to
the Seattle Lighthouse for the Blind for interpreter, orientation, mobility,
and education services for deaf, blind and other visually impaired adults,
$1,000,000 shall be awarded to the Professional Development and Research
Institute on Blindness in Louisiana for the training of professionals in the
field of education and rehabilitation of blind adults and children, and
$600,000 shall be awarded to the Alaska Center for Independent Living in
Anchorage, Alaska to develop capacity to implement a self-directed model for
personal assistance services, including training of self-employed personal
assistants and their clients: Provided further, That of the funds
available for section 305 of the Rehabilitation Act of 1973 and
notwithstanding any other provision of law, $1,000,000 shall be awarded to the
California State University at Northridge for a Western Center for Adaptive
Therapy.
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.), $10,100,000.
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.), $48,151,000,
of which $2,651,000 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.), $85,980,000, of which $2,500,000 shall be for construction and shall
remain available until expended: 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, $1,656,750,000, of which $3,500,000 shall
remain available until expended, and of which $833,150,000 shall become
available on July 1, 2000 and shall remain available through September 30,
2001 and of which $791,000,000 shall become available on October 1, 2000 and
shall remain available through September 30, 2001: Provided, That of
the amounts made available for the Carl D. Perkins Vocational and Technical
Education Act, $4,600,000 shall be for tribally controlled vocational
institutions under section 117: Provided further, That $9,000,000
shall be for carrying out section 118 of such act for all activities conducted
by and through the National Occupational Information Coordinating Committee:
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 $6,000,000 shall be for the
National Institute for Literacy under section 242: Provided further,
That $19,000,000 shall be for Youth Offender Grants, of which $5,000,000,
which shall become available on July 1, 2000, and remain available through
September 30, 2001, 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, part C and part E of title
IV of the Higher Education Act of 1965, as amended, $9,435,000,000, which
shall remain available through September 30, 2001.
The maximum Pell Grant for which a student shall be eligible during award
year 2000-2001 shall be $3,300: 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 1999 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.
For an additional amount for `STUDENT FINANCIAL ASSISTANCE' for payment of
allocations to institutions of higher education for Federal Supplemental
Educational Opportunity Grants for award years 1999-2000 and 2000-2001, made
under title IV, part A, subpart 3, of the Higher Education Act of 1965, as
amended, $10,000,000: Provided, That notwithstanding any other
provision of law, the Secretary of Education may waive or modify any statutory
or regulatory provision applicable to the Federal Supplemental Educational
Opportunity Grant program and the determination of need for such grants, that
the Secretary deems necessary to assist individuals who suffered financial
harm resulting from the hurricanes, and the flooding associated with the
hurricanes, that struck the eastern United States in August and September
1999, and who, at the time of the disaster were residing, attending an
institution of higher education, or employed within an area affected by such a
disaster on the date which the President declared the existence of a major
disaster (or, in the case of an individual who is a dependent student, whose
parent or stepparent suffered financial harm from such disaster, and who
resided, or was employed in such an area at that time): Provided
further, That notwithstanding section 437 of the General Education
Provisions Act (20 U.S.C. 1232) and section 553 of title 5, United States
Code, the Secretary shall, by notice in the Federal Register, exercise this
authority, through publication of waivers or modifications of statutory and
regulatory provisions, as the Secretary deems necessary to assist such
individuals: Provided further, That notwithstanding section 413D of
the Higher Education Act of 1965, allocations from such additional amount
shall not be taken into account in determining institutional allocations under
such section in future years: Provided further, That the entire
amount made available under this paragraph is designated by the Congress as an
emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget
and Emergency Deficit Control Act of 1985, and that the entire amount shall be
available only to the extent an official budget request for the entire amount,
that includes designation of the entire amount as an emergency requirement
pursuant to the Balanced Budget and Emergency Deficit Control Act of 1985, is
transmitted by the President to the Congress.
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, VII, and VIII of the Higher Education Act of 1965,
as amended, and the Mutual Educational and Cultural Exchange Act of 1961;
$1,466,826,000, of which $12,000,000 for interest subsidies authorized by
section 121 of the Higher Education Act of 1965, shall remain available until
expended: Provided, That of the funds available for part A, subpart 2
of title VII of the Higher Education Act of 1965, $10,000,000 shall be
available to fund awards for academic year 2000-2001, and $10,000,000 to
remain available through September 30, 2001, shall be available to fund awards
for academic year 2001-2002, for fellowships under part A, subpart 1 of title
VII of said Act, under the terms and conditions of part A, subpart 1:
Provided further, That section 852(b)(1) of the Higher Education
Amendments of 1998 is amended--
(1) in the matter preceding subparagraph (A), by striking `14' and
inserting `16';
(2) in subparagraph (E), by striking `and' after the semicolon;
(3) in subparagraph (F), by striking the period and inserting a
semicolon; and
(4) by adding at the end the following:
`(G) one member shall be appointed by the Chairperson of the Committee
on Health, Education, Labor, and Pensions of the Senate from among members
of the Senate; and
`(H) one member shall be appointed by the Chairperson of the Committee
on Education and the Workforce of the House of Representatives from among
members of the House of Representatives.':
Provided further, That the matter preceding paragraph (1) of
section 853(b) of the Higher Education Amendments of 1998 is amended by
striking `6 months' and inserting `12 months': Provided further, That
the amounts provided under this heading in division A, section 101(f) of
Public Law 105-277 for the Web-Based Education Commission, authorized by part
J of title VIII of the Higher Education Amendments of 1998, shall remain
available through September 30, 2000: 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 of the funds available for title IV, part A, subpart 8 of
the Higher Education Act of 1965 and notwithstanding any other provision of
law, $3,000,000 shall be awarded to the University of South Florida for a
distance learning program, $190,000 shall be awarded to the New York Global
Communication Center in West Islip, New York for a distance learning program,
$1,000,000 shall be awarded to the Alliance for Technology, Learning and
Society (ATLAS) at the University of Colorado for technology-enhanced
learning, $2,500,000 shall be awarded to the Illinois Community College Board
to develop a systemwide, on-line virtual degree program for the community
college system in Illinois, and $1,250,000 shall be made available to the
University of Idaho Interactive Learning Environments to develop and improve
Internet-based delivery of education programs.
HOWARD UNIVERSITY
For partial support of Howard University (20 U.S.C. 121 et seq.),
$219,444,000, of which not less than $3,530,000 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, $737,000 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, $207,000.
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, and parts A, B, and K and section 10102 and section
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,
$492,679,000: Provided, That $25,000,000 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, 2000, and remain available through September 30, 2001, 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
$10,000,000 of the funds provided for the national education research
institutes shall be allocated notwithstanding subparagrphs (B) and (C) of
section 931(c)(2) of Public Law 103-227: Provided further, That of
the funds appropriated under section 10601 of title X of the Elementary and
Secondary Education Act of 1965, as amended, $1,500,000 shall be used to
conduct a violence prevention demonstration program: Provided
further, That of the funds available for part A of title X of the
Elementary and Secondary Education Act of 1965, $10,000,000 shall be awarded
to the National Constitution Center, established by Public Law 100-433, for
exhibition design, program planning and operation of the center, $10,000,000
shall be provided to continue a demonstration of public school facilities to
the Iowa Department of Education, $1,000,000 shall be made available to the
New Mexico Department of Education for school performance improvement and
drop-out prevention, $300,000 shall be made available to Semos Unlimited,
Inc., in New Mexico to support bilingual education and literacy programs,
$700,000 shall be awarded to Loyola University Chicago for recruitment and
preparation of new teacher candidates for employment in rural and inner-city
schools, $500,000 shall be awarded to Shedd Aquarium/Brookfield Zoo for
science education/exposure programs for local elementary school students,
$3,000,000 shall be awarded to Big Brothers/Big Sisters of America to expand
school-based mentoring, $2,500,000 shall be awarded to the Chicago Public
School System to support a substance abuse pilot program in conjunction with
Elgin and East Aurora School Systems, $1,000,000 shall be awarded to the
University of Virginia Center for Governmental Studies for the Youth
Leadership Initiative, $800,000 shall be awarded to the Institute for Student
Achievement at Holmes Middle School and Annandale High School in Virginia for
academic enrichment programs, $100,000 shall be awarded to the Mountain Arts
Center for educational programming, $1,500,000 shall be awarded to the
University of Louisville for research in the area of academic readiness,
$500,000 shall be awarded to the West Ed Regional Educational Laboratory for
the 24 Challenge and Jumping Levels Math Demonstration Project, $1,000,000
shall be awarded to Central Michigan University for a charter schools
development and performance institute, $950,000 shall be awarded to the Living
Science Interactive Learning Model partnership in Indian River, Florida for a
science education program, $825,000 shall be awarded to the North Babylon
Community Youth Services for an educational program, $1,000,000 shall be
awarded to the Los Angeles County Office of Education/Educational
Telecommunications and Technology for a pilot program for teachers, $650,000
shall be awarded to the University of Northern Iowa for an institute of
technology for inclusive education, $500,000 shall be awarded to Youth Crime
Watch of America to expand a program to prevent crime, drugs and violence in
schools, $892,000 shall be awarded to Muhlenberg College in Pennsylvania for
an environmental science program, $560,000 shall be awarded to the Western
Suffolk St. Johns-LaSalle Academy Science and Technology Mentoring Program,
$4,000,000 shall be awarded to the National Teaching Academy of Chicago for a
model teacher recruitment, preparation and professional development program,
$2,000,000 shall be awarded to the University of West Florida for a teacher
enhancement program, $1,000,000 shall be awarded to Delta State University in
Mississippi for innovative teacher training, $1,000,000 shall be awarded to
the Alaska Humanities Forum, Inc., in Anchorage, Alaska, $250,000 shall be
awarded to An Achievable Dream in Newport News, Virginia to improve academic
performance of at-risk youths, $250,000 shall be awarded to the Rock School of
Ballet in Philadelphia, Pennsylvania, to expand its community-outreach
programs for inner-city children and underprivileged youth in Camden, New
Jersey and southern New Jersey, $1,000,000 shall be awarded to the University
of Maryland Center for Quality and Productivity to provide a link for the Blue
Ribbon Schools, $1,000,000 shall be awarded to the Continuing Education Center
and Teachers' Institute in South Boston, Virginia to promote participation
among youth in the United States democratic process, $1,000,000 shall be for
the National Museum of Women in the Arts to expand its `Discovering Art'
program to elementary and secondary schools and other educational
organizations, $400,000 shall be awarded to the Alaska Department of
Education's summer reading program, $400,000 shall be awarded to the Partners
in Education, Inc., to foster successful business-school partnerships,
$250,000 shall be for the Kodiak Island Borough School District for
development of an environmental education program, $2,000,000 shall be for the
Reach Out and Read Program to expand literacy and health awareness for at-risk
families, $1,000,000 shall be for the Virginia Living Museum in Newport News,
Virginia for an educational program, $450,000 shall be for the Challenger
Learning Center in Hardin County, Kentucky for technology assistance and
teacher training, $250,000 shall be for the Crawford County School System in
Georgia for technology and curriculum support, $500,000 shall be for the
Berrien County School System in Georgia for technology development, $35,000
shall be for the Louisville Salvation Army Boys and Girls Club Diversion
Enhancement Program, $100,000 shall be awarded to the Philadelphia Orchestra's
Philly Pops to operate the Jazz in the Schools program in the Philadelphia
school district, $500,000 for the Mississippi Delta Education for a teacher
incentive program initiative, $500,000 shall be for enhanced teacher training
in reading in the District of Columbia, and $100,000 shall be awarded to the
Project 2000 D.C. mentoring project: Provided further, That of the
funds available for section 10601 of title X of such Act, $2,000,000 shall be
awarded to the Center for Educational Technologies for 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, in addition to the funds for title VI of Public Law
103-227 and notwithstanding the provisions of section 601(c)(1)(C) of that
Act, $1,000,000 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,
$370,184,000.
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, $71,200,000.
OFFICE OF INSPECTOR GENERAL
For expenses necessary for the Office of Inspector General, as authorized
by section 212 of the Department of Education Organization Act,
$34,000,000.
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. (a) From the funds appropriated for payments to local
educational agencies under section 8003(f) of the Elementary and Secondary
Education Act of 1965 (`ESEA') for fiscal year 2000, the Secretary of
Education shall distribute supplemental payments for certain local educational
agencies, as follows:
(1) First, from the amount of $74,000,000, the Secretary shall make
supplemental payments to the following agencies under section 8003(f) of
ESEA:
(A) Local educational agencies that received assistance under section
8003(f) for fiscal year 1999--
(i) in fiscal year 1997 had at least 40 percent federally connected
children described in section 8003(a)(1) in average daily attendance;
and in fiscal year 1997 had a tax rate for general fund purposes which
was at least 95 percent of the State average tax rate for general fund
purposes; or
(ii) whose boundary is coterminous with the boundary of a Federal
military installation.
(B) Local educational agencies that received assistance under section
8003(f) for fiscal year 1999; and in fiscal year 1997 had at least 30
percent federally connected children described in section 8003(a)(1) in
average daily attendance; and in fiscal year 1997 had a tax rate for
general fund purposes which was at least 125 percent of the State average
tax rate for general fund purposes.
(C) Any eligible local educational agency that in fiscal year 1997,
which had at least 25,000 children in average daily attendance, at least
50 percent federally connected children described in section 8003(a)(1) in
average daily attendance, and at least 6,000 children described in
subparagraphs (A) and (B) of section 8003(a)(1) in average daily
attendance.
(2) From the remaining $2,000,000 and any amounts available after making
payments under paragraph (1), the Secretary shall then make supplemental
payments to local educational agencies that are not described in paragraph
(1) of this subsection, but that meet the requirements of paragraphs (2) and
(4) of section 8003(f) of ESEA for fiscal year 2000.
(3) After making payments to all eligible local educational agencies
described in paragraph (2) of subsection (a), the Secretary shall use any
remaining funds from paragraph (2) for making payments to the eligible local
educational agencies described in paragraph (1) of subsection (a) if the
amount available under paragraph (1) is insufficient to fully fund all
eligible local educational agencies.
(4) After making payments to all eligible local educational agencies as
described in paragraphs 1 through 3, the Secretary shall use any remaining
funds to increase basic support payments under section 8003(b) for fiscal
year 2000 for all eligible applicants.
(b) In calculating the amounts of supplemental payments for agencies
described in subparagraphs (1)(A) and (B) and paragraph (2) of subsection (a),
the Secretary shall use the formula contained in section 8003(b)(1)(C) of
ESEA, except that--
(1) eligible local educational agencies may count all children described
in section 8003(a)(1) in computing the amount of those payments;
(2) maximum payments for any of those agencies that use local
contribution rates identified in section 8003(b)(1)(C) (i) or (ii) shall be
computed by using four-fifths instead of one-half of those rates;
(3) the learning opportunity threshold percentage of all such agencies
under section 8003(b)(2)(B) shall be deemed to be 100;
(4) for an eligible local educational agency with 35 percent or more of
its children in average daily attendance described in either subparagraph
(D) or (E) of section 8003(a)(1) in fiscal year 1997, the weighted student
unit figure from its regular basic support payment shall be recomputed by
using a factor of 0.55 for such children;
(5) for an eligible local educational agency with fewer than 100
children in average daily attendance in fiscal year 1997, the weighted
student unit figure from its regular basic support payment shall be
recomputed by multiplying the total number of children described in section
8003(a)(1) by a factor of 1.75; and
(6) for an eligible local educational agency whose total number of
children in average daily attendance in fiscal year 1997 was at least 100,
but fewer than 750, the weighted student unit figure from its regular basic
support payment shall be recomputed by multiplying the total number of
children described in section 8003(a)(1) by a factor of 1.25.
(c) For a local educational agency described in subsection (a)(1)(C)
above, the Secretary shall use the formula contained in section 8003(b)(1)(C)
of ESEA, except that the weighted student unit total from its regular basic
support payment shall be recomputed by using a factor of 1.35 for children
described in subparagraphs (A) and (B) of section 8003(a)(1) and its learning
opportunity threshold percentage shall be deemed to be 100.
(d) For each eligible local educational agency, the calculated
supplemental section 8003(f) payment shall be reduced by subtracting the
agency's fiscal year 2000 section 8003(b) basic support payment.
(e) If the sums described in subsections (a)(1) and (2) above are
insufficient to pay in full the calculated supplemental payments for the local
educational agencies identified in those subsections, the Secretary shall
ratably reduce the supplemental section 8003(f) payment to each local
educational agency.
SEC. 306. (a) Section 1204(b)(1)(A) of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 6364(b)(1)(a)) is amended--
(1) in clause (iv), by striking `and' after the semicolon;
(2) by striking clause (v) and adding the following:
`(v) 50 percent in the fifth, sixth, seventh, and eighth such years;
and
`(vi) 35 percent in any subsequent such year.'.
(b) Section 1208(b) of the Elementary and Secondary Education Act of 1965
is amended--
(1) by striking paragraph (3) and inserting the following:
`(3) CONTINUING ELIGIBILITY- In awarding subgrant funds to continue a
program under this part after the first year, the State educational agency
shall review the progress of each eligible entity in meeting the goals of
the program referred to in section 1207(c)(1)(A) and shall evaluate the
program based on the indicators of program quality developed by the State
under section 1210.'; and
(2) in paragraph (5)(A), by striking the last sentence.
SEC. 307. (a) Notwithstanding sections 401(j) and 435(a)(2) of the Higher
Education Act of 1965 (20 U.S.C. 1070a(j) and 1085(a)(2)) and subject to the
requirements of subsection (b), the Secretary of Education shall--
(1) recalculate the official fiscal year 1996 cohort default rate for
Jacksonville College of Jacksonville, Texas, on the basis of data
corrections confirmed by the Texas Guaranteed Student Loan Corporation;
and
(2) restore the eligibility of Jacksonville College to participate in
the Federal Pell Grant Program for the 1999-2000 award year and succeeding
award years.
(b) Jacksonville College shall implement a default management plan that is
satisfactory to the Secretary of Education.
(c) For purposes of determining its Federal Pell Grant Program
eligibility, Jacksonville College shall be deemed to have withdrawn from the
Federal Family Education Loan program as of October 6, 1998.
SEC. 308. An amount of $14,500,000 from the balances of returned reserve
funds, formerly held by the Higher Education Assistance Foundation, that are
currently held in Higher Education Assistance Foundation Claims Reserves,
Treasury account number 91X6192, and $12,000,000 from funds formerly held by
the Higher Education Assistance Foundation, that are currently held in trust,
shall be deposited in the general fund of the Treasury.
SEC. 309. Of the funds provided in title III of this Act, under the
heading `Higher Education', for title VII, part B of the Higher Education Act
of 1965, $250,000 shall be awarded to the Snelling Center for Government at
the University of Vermont for a model school program, $750,000 shall be
awarded to Texas A&M University, Corpus Christi, for operation of the
Early Childhood Development Center, $1,000,000 shall be awarded to Southeast
Missouri State University for equipment and curriculum development associated
with the University's Polytechnic Institute, $800,000 shall be awarded to the
Washington Virtual Classroom Consortium to develop, equip and implement an
ecosystem curriculum, $500,000 shall be provided to the Puget Sound Center for
Technology for faculty development activities for the use of technology in the
classroom, $500,000 shall be awarded to the Center for the Advancement of
Distance Education in Rural America, $3,000,000, to be available until
expended, shall be awarded to the University Center of Lake County, Illinois
and $1,000,000, to be available until expended, shall be awarded to the Oregon
University System for activities authorized under title III, part A, section
311(c)(2), of the Higher Education Act of 1965, as amended, $500,000 shall be
awarded to Columbia College Illinois for a freshman retention program,
$1,500,000 shall be awarded to the University of Hawaii at Manoa for a
Globalization Research Center, $2,000,000 shall be awarded to the University
of Arkansas at Pine Bluff for technology infrastructure, $1,000,000 shall be
awarded to the I Have a Dream Foundation, $1,000,000 shall be awarded to a
demonstration program for activities authorized under part G of title VIII of
the Higher Education Act of 1965, as amended, $1,500,000 shall be awarded to
the Daniel J. Evans School of Public Policy at the University of Washington,
$200,000 shall be awarded to North Dakota State University for the Career
Program for Dislocated Farmers and Ranchers, $350,000 shall be awarded to
North Dakota State University for the Tech-based Industry Traineeship Program,
$1,500,000 shall be awarded to Washington State University for the Thomas S.
Foley Institute to support programs in congressional studies, public policy,
voter education, and to ensure community access and outreach, $200,000 shall
be awarded to Minot State University for the Rural Communications Disabilities
Program, $300,000 shall be awarded to Bryant College for the Linking
International Trade Education Program (LITE), $1,000,000 shall be awarded to
Concord College, West Virginia for a technology center to further enhance the
technical skills of West Virginia teachers and students, $200,000 shall be
awarded to Peirce College in Philadelphia, Pennsylvania for education and
training programs, $250,000 shall be awarded to the Philadelphia Zoo for
educational programs, $800,000 shall be awarded to Spelman College in Georgia
for educational operations, $1,000,000 shall be awarded to the Philadelphia
University Education Center for technology education, $725,000 shall be
awarded to Lock Haven University for technology innovations, $250,000 for
Middle Georgia College for an advanced distributed learning center
demonstration program, $1,000,000 for the University of the Incarnate Word in
San Antonio, Texas, to improve teacher capabilities in technology, $1,000,000
for Elmira College in New York for a technology enhancement initiative,
$1,000,000 shall be awarded to the Southeastern Pennsylvania Consortium on
Higher Education for education programs, $400,000 shall be awarded to Lehigh
University Iacocca Institute for educational training, $250,000 shall be
awarded to Lafayette College for arts education, $1,000,000 shall be awarded
to Lewis and Clark College for the Crime Victims Law Institute, $1,650,000 for
Rust College in Mississippi for technology infrastructure, $500,000 for the
University of Notre Dame for a teacher quality initiative, and $2,000,000
shall be awarded to the Western Governors University for a distance learning
initiative.
This title may be cited as the `Department of Education Appropriations
Act, 2000'.
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, $68,295,000, of which $12,696,000 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, $295,645,000: 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 to volunteers or
volunteer leaders whose incomes exceed the income guidelines established for
payment of stipends under the Foster Grandparent and Senior Companion
programs: Provided further, That the foregoing proviso shall not
apply to the Seniors for Schools program.
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 2002, $350,000,000:
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,
$10,000,000 shall be for digitalization, only if specifically authorized by
subsequent legislation enacted by September 30, 2000.
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), $36,834,000, including $1,500,000, to remain available through
September 30, 2001, 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.), $6,159,000.
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,
$163,250,000, of which $19,356,000 shall be awarded to national leadership
projects, notwithstanding section 221(a)(1)(B): Provided, That of the
amount provided, $700,000 shall be awarded to the Library and Archives of New
Hampshire's Political Tradition at the New Hampshire State Library, $1,000,000
shall be awarded to the Vermont Department of Libraries in Montpelier,
Vermont, $750,000 shall be awarded to consolidation and preservation of
archives and special collections at the University of Miami Library in Coral
Gables, Florida, $1,900,000 shall be awarded to exhibits and library
improvements for the Mississippi River Museum and Discovery Center in Dubuque,
Iowa, $750,000 shall be awarded to the Alaska Native Heritage Center in
Anchorage, Alaska, $750,000 shall be awarded to the Peabody-Essex Museum in
Salem, Massachusetts, $750,000 shall be awarded to the Bishop Museum in
Hawaii, $200,000 shall be awarded to Oceanside Public Library in California
for a local cultural heritage project, $1,000,000 shall be awarded to the
Urban Children's Museum Collaborative to develop and implement pilot programs
dedicated to serving at-risk children and their families, $150,000 shall be
awarded to the Troy State University Dothan in Alabama for archival of a
special collection, $450,000 shall be awarded to Chadron State College in
Nebraska for the Mari Sandoz Center, and $350,000 shall be awarded to the
Alabama A&M University Alabama State Black Archives Research Center and
Museum.
Medicare Payment Advisory Commission
SALARIES AND EXPENSES
For expenses necessary to carry out section 1805 of the Social Security
Act, $7,015,000, 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), $1,300,000.
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,
$2,400,000.
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,
$2,250,000.
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, $199,500,000: 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, $9,100,000: Provided, That unobligated balances at the
end of fiscal year 2000 not needed for emergency boards shall remain available
for other statutory purposes through September 30, 2001.
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), $8,500,000.
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, $174,000,000, which
shall include amounts becoming available in fiscal year 2000 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 $174,000,000: 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, 2001, 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, $91,000,000, 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 $5,400,000, 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, $20,764,000.
SPECIAL BENEFITS FOR DISABLED COAL MINERS
For carrying out title IV of the Federal Mine Safety and Health Act of
1977, $383,638,000, 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 2001, $124,000,000, 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, $21,503,085,000, 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.
From funds provided under the previous paragraph, not less than
$100,000,000 shall be available for payment to the Social Security trust funds
for administrative expenses for conducting continuing disability reviews.
In addition, $200,000,000, to remain available until September 30, 2001,
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 2001, $9,890,000,000, 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 $6,093,871,000 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 2000 not needed for fiscal
year 2000 shall remain available until expended to invest in the Social
Security Administration computing network, including related equipment and
non-payroll administrative expenses associated solely with this network:
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 105-277 regarding unobligated
balances at the end of fiscal year 1999 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 2000,
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, $405,000,000, to remain available until
September 30, 2001, 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, $80,000,000 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 2000 exceed
$80,000,000, the amounts shall be available in fiscal year 2001 only to the
extent provided in advance in appropriations Acts.
From amounts previously made available under this heading for a
state-of-the-art computing network, not to exceed $100,000,000 shall be
available for necessary expenses under this heading, subject to the same terms
and conditions.
From funds provided under the first paragraph, the Commissioner of Social
Security may direct up to $3,000,000, in addition to funds previously
appropriated for this purpose, 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.
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, $15,000,000,
together with not to exceed $51,000,000, 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.
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, $13,000,000.
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) PURCHASE OF AMERICAN-MADE EQUIPMENT AND PRODUCTS- 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) NOTICE REQUIREMENT- 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) PROHIBITION OF CONTRACTS WITH PERSONS FALSELY LABELING PRODUCTS AS
MADE IN AMERICA- 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) LIMITATION ON USE OF FUNDS FOR PROMOTION OF LEGALIZATION OF
CONTROLLED SUBSTANCES- 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) EXCEPTIONS- 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. Except as otherwise specifically provided by law, unobligated
balances remaining available at the end of fiscal year 2000 from
appropriations made available for salaries and expenses for fiscal year 2000
in this Act, shall remain available through December 31, 2000, for each such
account for the purposes authorized: Provided, That the House and
Senate Committees on Appropriations shall be notified at least 15 days prior
to the obligation of such funds.
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 520(c)(2)(D) of the Departments of Labor, Health and
Human Services, and Education, and Related Agencies Appropriations Act, 1997,
as amended, is further amended by striking `December 31, 1997' and inserting
`December 31, 1999'.
SEC. 516. The United States-Mexico Border Health Commission Act (22 U.S.C.
290n et seq.) is amended--
(1) by striking section 2 and inserting the following:
`SEC. 2. APPOINTMENT OF MEMBERS OF BORDER HEALTH COMMISSION.
`Not later than 30 days after the date of the enactment of this section,
the President shall appoint the United States members of the United
States-Mexico Border Health Commission, and shall attempt to conclude an
agreement with Mexico providing for the establishment of such Commission.';
and
(A) in paragraph (1), by striking the semicolon and inserting `;
and';
(B) in paragraph (2)(B), by striking `; and' and inserting a period;
and
(C) by striking paragraph (3).
SEC. 517. The applicable time limitations with respect to the giving of
notice of injury and the filing of a claim for compensation for disability or
death by an individual under the Federal Employees' Compensation Act, as
amended, for injuries sustained as a result of the person's exposure to a
nitrogen or sulfur mustard agent in the performance of official duties as an
employee at the Department of the Army's Edgewood Arsenal before March 20,
1944, shall not begin to run until the date of the enactment of this Act.
SEC. 518. Section 169(d)(2)(B) of Public Law 105-220, the Workforce
Investment Act of 1998, is amended by striking `or Alaska Native villages or
Native groups (as such terms are defined in section 3 of the Alaska Native
Claims Settlement Act (43 U.S.C. 1602)).' and inserting `or Alaska
Natives.'.
SEC. 519. Of the funds appropriated or otherwise made available in this
Act for salaries and expenses for fiscal year 2000, $121,000,000, to be
allocated by the Office of Management and Budget, are permanently canceled:
Provided, That, within 30 days of the enactment of this Act, the
Director of the Office of Management and Budget shall submit a report to the
Committees on Appropriations of the House of Representatives and the Senate
showing the allocation of the $121,000,000.
TITLE VI--EARLY DETECTION, DIAGNOSIS, AND INTERVENTIONS FOR NEWBORNS AND
INFANTS WITH HEARING LOSS
SEC. 601. (a) DEFINITIONS- For the purposes of this section only, the
following terms in this section are defined as follows:
(1) HEARING SCREENING- Newborn and infant hearing screening consists of
objective physiologic procedures to detect possible hearing loss and to
identify newborns and infants who, after rescreening, require further
audiologic and medical evaluations.
(2) AUDIOLOGIC EVALUATION- Audiologic evaluation consists of procedures
to assess the status of the auditory system; to establish the site of the
auditory disorder; the type and degree of hearing loss, and the potential
effects of hearing loss on communication; and to identify appropriate
treatment and referral options. Referral options should include linkage to
State IDEA part C coordinating agencies or other appropriate agencies,
medical evaluation, hearing aid/sensory aid assessment, audiologic
rehabilitation treatment, national and local consumer, self-help, parent,
and education organizations, and other family-centered services.
(3) MEDICAL EVALUATION- Medical evaluation by a physician consists of
key components including history, examination, and medical decision making
focused on symptomatic and related body systems for the purpose of
diagnosing the etiology of hearing loss and related physical conditions, and
for identifying appropriate treatment and referral options.
(4) MEDICAL INTERVENTION- Medical intervention is the process by which a
physician provides medical diagnosis and direction for medical and/or
surgical treatment options of hearing loss and/or related medical disorder
associated with hearing loss.
(5) AUDIOLOGIC REHABILITATION- Audiologic rehabilitation (intervention)
consists of procedures, techniques, and technologies to facilitate the
receptive and expressive communication abilities of a child with hearing
loss.
(6) EARLY INTERVENTION- Early intervention (e.g., nonmedical) means
providing appropriate services for the child with hearing loss and ensuring
that families of the child are provided comprehensive, consumer-oriented
information about the full range of family support, training, information
services, communication options and are given the opportunity to consider
the full range of educational and program placements and options for their
child.
(b) PURPOSES- The purposes of this section are to clarify the authority
within the Public Health Service Act to authorize statewide newborn and infant
hearing screening, evaluation and intervention programs and systems, technical
assistance, a national applied research program, and interagency and private
sector collaboration for policy development, in order to assist the States in
making progress toward the following goals:
(1) All babies born in hospitals in the United States and its
territories should have a hearing screening before leaving the birthing
facility. Babies born in other countries and residing in the United States
via immigration or adoption should have a hearing screening as early as
possible.
(2) All babies who are not born in hospitals in the United States and
its territories should have a hearing screening within the first 3 months of
life.
(3) Appropriate audiologic and medical evaluations should be conducted
by 3 months for all newborns and infants suspected of having hearing loss to
allow appropriate referral and provisions for audiologic rehabilitation,
medical and early intervention before the age of 6 months.
(4) All newborn and infant hearing screening programs and systems should
include a component for audiologic rehabilitation, medical and early
intervention options that ensures linkage to any new and existing statewide
systems of intervention and rehabilitative services for newborns and infants
with hearing loss.
(5) Public policy in regard to newborn and infant hearing screening and
intervention should be based on applied research and the recognition that
newborns, infants, toddlers, and children who are deaf or hard-of-hearing
have unique language, learning, and communication needs, and should be the
result of consultation with pertinent public and private sectors.
(c) STATEWIDE NEWBORN AND INFANT HEARING SCREENING, EVALUATION AND
INTERVENTION PROGRAMS AND SYSTEMS- Under the existing authority of the Public
Health Service Act, the Secretary of Health and Human Services (in this
section referred to as the `Secretary'), acting through the Administrator of
the Health Resources and Services Administration, shall make awards of grants
or cooperative agreements to develop statewide newborn and infant hearing
screening, evaluation and intervention programs and systems for the following
purposes:
(1) To develop and monitor the efficacy of statewide newborn and infant
hearing screening, evaluation and intervention programs and systems. Early
intervention includes referral to schools and agencies, including community,
consumer, and parent-based agencies and organizations and other programs
mandated by part C of the Individuals with Disabilities Education Act, which
offer programs specifically designed to meet the unique language and
communication needs of deaf and hard-of-hearing newborns, infants, toddlers,
and children.
(2) To collect data on statewide newborn and infant hearing screening,
evaluation and intervention programs and systems that can be used for
applied research, program evaluation and policy development.
(d) TECHNICAL ASSISTANCE, DATA MANAGEMENT, AND APPLIED RESEARCH-
(1) CENTERS FOR DISEASE CONTROL AND PREVENTION- Under the existing
authority of the Public Health Service Act, the Secretary, acting through
the Director of the Centers for Disease Control and Prevention, shall make
awards of grants or cooperative agreements to provide technical assistance
to State agencies to complement an intramural program and to conduct applied
research related to newborn and infant hearing screening, evaluation and
intervention programs and systems. The program shall develop standardized
procedures for data management and program effectiveness and costs, such
as--
(A) to ensure quality monitoring of newborn and infant hearing loss
screening, evaluation, and intervention programs and systems;
(B) to provide technical assistance on data collection and
management;
(C) to study the costs and effectiveness of newborn and infant hearing
screening, evaluation and intervention programs and systems conducted by
State-based programs in order to answer issues of importance to State and
national policymakers;
(D) to identify the causes and risk factors for congenital hearing
loss;
(E) to study the effectiveness of newborn and infant hearing
screening, audiologic and medical evaluations and intervention programs
and systems by assessing the health, intellectual and social
developmental, cognitive, and language status of these children at school
age; and
(F) to promote the sharing of data regarding early hearing loss with
State-based birth defects and developmental disabilities monitoring
programs for the purpose of identifying previously unknown causes of
hearing loss.
(2) NATIONAL INSTITUTES OF HEALTH- Under the existing authority of the
Public Health Service Act, the Director of the National Institutes of
Health, acting through the Director of the National Institute on Deafness
and Other Communication Disorders, shall for purposes of this section,
continue a program of research and development on the efficacy of new
screening techniques and technology, including clinical studies of screening
methods, studies on efficacy of intervention, and related research.
(e) COORDINATION AND COLLABORATION-
(1) IN GENERAL- Under the existing authority of the Public Health
Service Act, in carrying out programs under this section, the Administrator
of the Health Resources and Services Administration, the Director of the
Centers for Disease Control and Prevention, and the Director of the National
Institutes of Health shall collaborate and consult with other Federal
agencies; State and local agencies, including those responsible for early
intervention services pursuant to title XIX of the Social Security Act
(Medicaid Early and Periodic Screening, Diagnosis and Treatment Program);
title XXI of the Social Security Act (State Children's Health Insurance
Program); title V of the Social Security Act (Maternal and Child Health
Block Grant Program); and part C of the Individuals with Disabilities
Education Act; consumer groups of and that serve individuals who are deaf
and hard-of-hearing and their families; appropriate national medical and
other health and education specialty organizations; persons who are deaf and
hard-of-hearing and their families; other qualified professional personnel
who are proficient in deaf or hard-of-hearing children's language and who
possess the specialized knowledge, skills, and attributes needed to serve
deaf and hard-of-hearing newborns, infants, toddlers, children, and their
families; third-party payers and managed care organizations; and related
commercial industries.
(2) POLICY DEVELOPMENT- Under the existing authority of the Public
Health Service Act, the Administrator of the Health Resources and Services
Administration, the Director of the Centers for Disease Control and
Prevention, and the Director of the National Institutes of Health shall
coordinate and collaborate on recommendations for policy development at the
Federal and State levels and with the private sector, including consumer,
medical and other health and education professional-based organizations,
with respect to newborn and infant hearing screening, evaluation and
intervention programs and systems.
(3) STATE EARLY DETECTION, DIAGNOSIS, AND INTERVENTION PROGRAMS AND
SYSTEMS; DATA COLLECTION- Under the existing authority of the Public Health
Service Act, the Administrator of the Health Resources and Services
Administration and the Director of the Centers for Disease Control and
Prevention shall coordinate and collaborate in assisting States to establish
newborn and infant hearing screening, evaluation and intervention programs
and systems under subsection (c) and to develop a data collection system
under subsection (d).
(f) RULE OF CONSTRUCTION- Nothing in this section shall be construed to
preempt any State law.
(g) AUTHORIZATION OF APPROPRIATIONS-
(1) STATEWIDE NEWBORN AND INFANT HEARING SCREENING, EVALUATION AND
INTERVENTION PROGRAMS AND SYSTEMS- For the purpose of carrying out
subsection (c) under the existing authority of the Public Health Service
Act, there are authorized to the Health Resources and Services
Administration appropriations in the amount of $5,000,000 for fiscal year
2000, $8,000,000 for fiscal year 2001, and such sums as may be necessary for
fiscal year 2002.
(2) TECHNICAL ASSISTANCE, DATA MANAGEMENT, AND APPLIED RESEARCH; CENTERS
FOR DISEASE CONTROL AND PREVENTION- For the purpose of carrying out
subsection (d)(1) under the existing authority of the Public Health Service
Act, there are authorized to the Centers for Disease Control and Prevention,
appropriations in the amount of $5,000,000 for fiscal year 2000, $7,000,000
for fiscal year 2001, and such sums as may be necessary for fiscal year
2002.
(3) TECHNICAL ASSISTANCE, DATA MANAGEMENT, AND APPLIED RESEARCH;
NATIONAL INSTITUTE ON DEAFNESS AND OTHER COMMUNICATION DISORDERS- For the
purpose of carrying out subsection (d)(2) under the existing authority of
the Public Health Service Act, there are authorized to the National
Institute on Deafness and Other Communication Disorders appropriations for
such sums as may be necessary for each of the fiscal years 2000 through
2002.
This Act may be cited as the `Departments of Labor, Health and Human
Services, and Education, and Related Agencies Appropriations Act, 2000'.
DIVISION C
RESCISSIONS AND OFFSETS
SEC. 1001. (a) ACROSS-THE-BOARD RESCISSIONS- There is hereby rescinded an
amount equal to 0.97 percent of--
(1) the budget authority provided (or obligation limitation established)
for fiscal year 2000 for any discretionary account in any fiscal year 2000
appropriation law;
(2) the budget authority provided (or obligation limitation established)
in any advance appropriation for fiscal year 2000 for any discretionary
account in any prior fiscal year appropriation law; and
(3) the budget authority provided in any fiscal year 2000 appropriation
law that would have been estimated as increasing direct spending for fiscal
year 2000 under section 252 of the Balanced Budget and Emergency Deficit
Control Act of 1985 were it included in a law other than an appropriation
law and not designated as an emergency requirement.
(b) PROPORTIONATE APPLICATION- Any rescission made by subsection (a) shall
be applied proportionately--
(1) to each discretionary account and each item of budget authority
described in subsection (a)(3); and
(2) within each such account and item, to each program, project, and
activity (with programs, projects, and activities as delineated in the
appropriation Act or accompanying report for the relevant fiscal year
covering such account or item, or for accounts and items not included in
appropriation Acts, as delineated in the most recently submitted President's
budget).
(c) SUBSEQUENT APPROPRIATION LAWS- In the case of any fiscal year 2000
appropriation law enacted after the enactment of this section, any rescission
required by subsection (a) shall take effect immediately after the enactment
of such law.
(d) OMB REPORTS- Within 30 days after the date of the enactment of this
section (or, if later, 30 days after the date of the enactment of any fiscal
year 2000 appropriation law), the Director of the Office of Management and
Budget shall submit to the Committees on Appropriations of the House of
Representatives and the Senate a report specifying the amount of each
rescission made pursuant to this section.
(e) SAME PERCENTAGE REDUCTION APPLICABLE TO PAY FOR MEMBERS OF
CONGRESS-
(1) IN GENERAL- In determining rates of pay for service performed in any
fiscal year beginning after September 30, 1999, the rate of pay for a Member
of Congress shall be determined as if the fiscal year 2000 pay adjustment
(taking effect in January 2000) had resulted in a rate equal to--
(A) the rate of pay that would otherwise have taken effect for the
position involved beginning in January 2000 (if this section had not been
enacted), reduced by
(B) the same percentage as specified in subsection (a).
(2) DEFINITIONS- For purposes of this subsection--
(A) the term `Member of Congress' refers to any position under
subparagraph (A), (B), or (C) of section 601(a)(1) of the Legislative
Reorganization Act of 1946 (2 U.S.C. 31(1)(A)-(C)); and
(B) the term `fiscal year 2000 pay adjustment' means the adjustment in
rates of pay scheduled to take effect in fiscal year 2000 under section
601(a)(2) of the Legislative Reorganization Act of 1946 (2 U.S.C.
31(2)).
SEC. 1002. (a) Section 453(j) of the Social Security Act (42 U.S.C.
653(j)) is amended by adding at the end the following:
`(6) INFORMATION COMPARISONS AND DISCLOSURE FOR ENFORCEMENT OF
OBLIGATIONS ON HIGHER EDUCATION ACT LOANS AND GRANTS-
`(A) FURNISHING OF INFORMATION BY THE SECRETARY OF EDUCATION- The
Secretary of Education shall furnish to the Secretary, on a quarterly
basis or at such less frequent intervals as may be determined by the
Secretary of Education, information in the custody of the Secretary of
Education for comparison with information in the National Directory of New
Hires, in order to obtain the information in such directory with respect
to individuals who--
`(i) are borrowers of loans made under title IV of the Higher
Education Act of 1965 that are in default; or
`(ii) owe an obligation to refund an overpayment of a grant awarded
under such title.
`(B) REQUIREMENT TO SEEK MINIMUM INFORMATION NECESSARY- The Secretary
of Education shall seek information pursuant to this section only to the
extent essential to improving collection of the debt described in
subparagraph (A).
`(C) DUTIES OF THE SECRETARY-
`(i) INFORMATION COMPARISON; DISCLOSURE TO THE SECRETARY OF
EDUCATION- The Secretary, in cooperation with the Secretary of
Education, shall compare information in the National Directory of New
Hires with information in the custody of the Secretary of Education, and
disclose information in that Directory to the Secretary of Education, in
accordance with this paragraph, for the purposes specified in this
paragraph.
`(ii) CONDITION ON DISCLOSURE- The Secretary shall make disclosures
in accordance with clause (i) only to the extent that the Secretary
determines that such disclosures do not interfere with the effective
operation of the program under this part. Support collection under
section 466(b) shall be given priority over collection of any defaulted
student loan or grant overpayment against the same income.
`(D) USE OF INFORMATION BY THE SECRETARY OF EDUCATION- The Secretary
of Education may use information resulting from a data match pursuant to
this paragraph only--
`(i) for the purpose of collection of the debt described in
subparagraph (A) owed by an individual whose annualized wage level
(determined by taking into consideration information from the National
Directory of New Hires) exceeds $16,000; and
`(ii) after removal of personal identifiers, to conduct analyses of
student loan defaults.
`(E) DISCLOSURE OF INFORMATION BY THE SECRETARY OF EDUCATION-
`(i) DISCLOSURES PERMITTED- The Secretary of Education may disclose
information resulting from a data match pursuant to this paragraph only
to--
`(I) a guaranty agency holding a loan made under part B of title
IV of the Higher Education Act of 1965 on which the individual is
obligated;
`(II) a contractor or agent of the guaranty agency described in
subclause (I);
`(III) a contractor or agent of the Secretary; and
`(IV) the Attorney General.
`(ii) PURPOSE OF DISCLOSURE- The Secretary of Education may make a
disclosure under clause (i) only for the purpose of collection of the
debts owed on defaulted student loans, or overpayments of grants, made
under title IV of the Higher Education Act of 1965.
`(iii) RESTRICTION ON REDISCLOSURE- An entity to which information
is disclosed under clause (i) may use or disclose such information only
as needed for the purpose of collecting on defaulted student loans, or
overpayments of grants, made under title IV of the Higher Education Act
of 1965.
`(F) REIMBURSEMENT OF HHS COSTS- The Secretary of Education shall
reimburse the Secretary, in accordance with subsection (k)(3), for the
additional costs incurred by the Secretary in furnishing the information
requested under this subparagraph.'.
(b) PENALTIES FOR MISUSE OF INFORMATION- Section 402(a) of the Child
Support Performance and Incentive Act of 1998 (112 Stat. 669) is amended in
the matter added by paragraph (2) by inserting `or any other person' after
`officer or employee of the United States'.
(c) EFFECTIVE DATE- The amendments made by this section shall become
effective October 1, 1999.
SEC. 1003. Section 110 of title 23, United States Code, is amended by
adding at the end the following:
`(e) After making any calculation necessary to implement this section
for fiscal year 2001, the amount available under paragraph (a)(1) shall be
increased by $328,655,000. The amounts added under this subsection shall
not apply to any calculation in any other fiscal year.
`(f) For fiscal year 2001, prior to making any distribution under this
section, $56,231,000 of the allocation under paragraph (a)(1) shall be
available only for each program authorized under chapter 53 of title 49,
United States Code, and title III of Public Law 105-178, in proportion to
each such program's share of the total authorizations in section 5338
(other than 5338(h)) of such title and sections 3037 and 3038 of such
Public Law, under the terms and conditions of chapter 53 of such
title.
`(g) For fiscal year 2001, prior to making any distribution under this
section, $1,019,000 of the allocation under paragraph (a)(1) shall be
available only for motor carrier safety programs under sections 31104 and
31107 of title 49, United States Code; $698,000 for NHTSA operations and
research under section 403 of title 23, United States Code; and $2,008,000
for NHTSA highway traffic safety grants under chapter 4 of title 23,
United States Code.'.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.
END