S 1650 PCS
Calendar No. 290
106th CONGRESS
1st Session
S. 1650
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.
IN THE SENATE OF THE UNITED STATES
September 28, 1999
Mr. SPECTER, from the Committee on Appropriations, reported the following
original bill; which was read twice and placed on the calendar
A BILL
Making appropriations for the Departments of Labor, Health and Human
Services, and Education, and related agencies for the fiscal year ending
September 30, 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 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:
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 National Skill Standards
Act of 1994; and the School-to-Work Opportunities Act; $2,750,694,000 plus
reimbursements, of which $1,380,266,000 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 $53,463,000 is available for the period July 1, 2000 through June 30,
2003, for necessary expenses of construction, rehabilitation, and acquisition
of Job Corps centers; 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 $60,000,000 shall be
for carrying out section 166 of the Workforce Investment Act, 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
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;
$2,720,315,000 plus reimbursements, of which $2,637,120,000 is available for
obligation for the period October 1, 2000 through June 30, 2001; and of which
$83,195,000 is available for the period October 1, 2000 through June 30, 2003,
including $80,195,000 for necessary expenses of construction, rehabilitation,
and acquisition of Job Corps centers.
In addition to the amounts appropriated under this heading in Public Law
105-277 to carry out the provisions of section 402 of the Job Training
Partnership Act, an additional $1,551,000 is made available for obligation
from October 1, 1999 through June 30, 2000.
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, $196,952,000, together with not to
exceed $3,161,121,000 (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,
section 461 of the Job Training Partnership Act, 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 $196,952,000, together
with not to exceed $778,283,000 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 $151,333,000 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,
$103,208,000, including $6,578,000 to support up to 75 full-time equivalent
staff, to administer welfare-to-work grants, together with not to exceed
$46,132,000, 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, $99,831,000.
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 $11,352,000 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, $341,047,000, 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 head `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: 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; for program staff training to operate the new imaging system,
$1,300,000; for the periodic roll review program, $7,116,000; and 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)
Beginning in fiscal year 2000 and thereafter, such sums as may be
necessary from the Black Lung Disability Trust Fund, to remain available until
expended, for payment of all benefits 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. In addition, the
following amounts shall be available from the Fund for fiscal year 2000 for
expenses of operation and administration of the Black Lung Benefits program as
authorized by section 9501 (d)(5) of that Act: $28,676,000 for transfer to the
Employment Standards Administration, `Salaries and Expenses'; $21,144,000 for
transfer to Departmental Management, `Salaries and Expenses'; $318,000 for
transfer to Departmental Management, `Office of Inspector General'; and
$356,000 for payments into Miscellaneous Receipts for the expenses of the
Department of Treasury.
Occupational Safety and Health Administration
SALARIES AND EXPENSES
For necessary expenses for the Occupational Safety and Health
Administration, $388,142,000, including not to exceed $83,501,000 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 ten 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 ten
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 ten or fewer employees.
Mine Safety and Health Administration
SALARIES AND EXPENSES
For necessary expenses for the Mine Safety and Health Administration,
$230,873,000, 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; and, in addition, the Mine Safety and Health
Administration may retain up to $1,000,000 in fees collected for the approval
and certification of equipment, materials, and explosives for use in mines,
and may utilize such sums for such activities; the Secretary is authorized to
accept lands, buildings, equipment, and other contributions from public and
private sources and to prosecute projects in cooperation with other agencies,
Federal, State, or private; the Mine Safety and Health Administration is
authorized to promote health and safety education and training in the mining
community through cooperative programs with States, industry, and safety
associations; and any funds available to the Department may be used, with the
approval of the Secretary, to provide for the costs of mine rescue and
survival operations in the event of a major disaster.
Bureau of Labor Statistics
SALARIES AND EXPENSES
For necessary expenses for the Bureau of Labor Statistics, including
advances or reimbursements to State, Federal, and local agencies and their
employees for services rendered, $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, $247,001,000; 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 one year
shall be considered affirmed by the Benefits Review Board on the one-year
anniversary of the filing of the appeal, and shall be considered the final
order of the Board for purposes of obtaining a review in the United States
courts of appeals: Provided further, That these provisions shall not
be applicable to the review or appeal of any decision issued under the Black
Lung Benefits Act (30 U.S.C. 901 et seq.): Provided further, That
notwithstanding any other provision of this Act, up to $10,000 of funding
appropriated under title I of this Act for salaries and expenses may be used
for receiving and hosting officials of foreign states and official foreign
delegations in furtherance of Departmental functions or activities.
ASSISTANT SECRETARY FOR VETERANS EMPLOYMENT AND TRAINING
Not to exceed $185,613,000 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
III.
(TRANSFER OF FUNDS)
SEC. 102. Not to exceed 1 percent of any discretionary funds (pursuant to
the Balanced Budget and Emergency Deficit Control Act, 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 fifteen days in advance of any transfer.
TITLE II--DEPARTMENT OF HEALTH AND HUMAN SERVICES
Health Resources and Services Administration
HEALTH RESOURCES AND SERVICES
For carrying out titles II, III, VII, VIII, X, XII, XIX, and XXVI of the
Public Health Service Act, section 427(a) of the Federal Coal Mine Health and
Safety Act, title V and section 1820 of the Social Security Act, the Health
Care Quality Improvement Act of 1986, as amended, the Native Hawaiian Health
Care Act of 1988, as amended, and the Ricky Ray Hemophilia Relief Fund Act of
1998, $4,365,498,000, 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 $10,000,000
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, $222,432,000 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 $536,000,000
shall be for State AIDS Drug Assistance Programs authorized by section 2616 of
the Public Health Service Act: Provided further, That notwithstanding
any other provision of law, funds made available under this heading may be
used to continue operating the Council on Graduate Medical Education
established by section 301 of Public Law 102-408: Provided further,
That of the funds made available under this heading, $50,000,000 shall remain
available for the Ricky Ray Hemophilia Relief Fund until November 11, 2003:
Provided further, That fees collected for the full disclosure of
information under the `Health Care Fraud and Abuse Data Collection Program,'
authorized by section 221 of the Health Insurance Portability and
Accountability Act of 1996, shall be sufficient to recover the full costs of
operating the Program, and shall remain available to carry out that Act until
expended.
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 ACCOUNT
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, $2,751,838,000 of which
$39,800,000 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
$109,573,000 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.
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, $3,286,859,000.
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, $2,001,185,000.
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, $267,543,000.
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, $1,130,056,000.
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, $1,019,271,000.
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, $1,786,718,000.
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, $1,352,843,000.
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, $848,044,000.
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, $445,172,000.
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, $436,113,000.
NATIONAL INSTITUTE ON AGING
For carrying out section 301 and title IV of the Public Health Service Act
with respect to aging, $680,332,000.
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,
$350,429,000.
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, $261,962,000.
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, $291,247,000.
NATIONAL INSTITUTE ON DRUG ABUSE
For carrying out section 301 and title IV of the Public Health Service Act
with respect to drug abuse, $682,536,000.
NATIONAL INSTITUTE OF MENTAL HEALTH
For carrying out section 301 and title IV of the Public Health Service Act
with respect to mental health, $969,494,000.
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,
$655,988,000: 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 $60,000,000 shall be for extramural facilities construction grants, of
which $30,000,000 shall become available October 1, 2000, and remain available
through September 30, 2001.
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, $56,214,000 to be
available for obligation through September 30, 2001.
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, $210,183,000, 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.
OFFICE OF THE DIRECTOR
(INCLUDING TRANSFER OF FUNDS)
For carrying out the responsibilities of the Office of the Director,
National Institutes of Health, $299,504,000: Provided, That funding
shall be available for the purchase of not to exceed twenty-nine 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 NIH 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 NIH Management Fund shall remain
available for one fiscal year after the fiscal year in which they are
deposited.
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, $100,732,000, 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, $2,750,700,000,
of which $100,000,000 shall become available on October 1, 2000 and remain
available until September 30, 2001.
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.
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, $19,504,000; 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 $191,751,000.
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:
Provided, That beginning in fiscal year 2000 and thereafter, for
expenses incurred by Medicaid under title XXI of the Social Security Act,
Medicaid may accept as reimbursement in advance amounts from the `State
Children's Health Insurance Fund,' such amounts to remain available as
provided under title XXI.
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 $1,991,321,000, 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 be transferred to the Health Care Fraud and Abuse
Control (HCFAC) account and 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 funds appropriated under this
heading may be obligated to increase Medicare provider audits and implement
the Department's corrective action plan to the Chief Financial Officer's audit
of the Health Care Financing Administration's oversight of Medicare:
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 1999, 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, to remain available until expended.
For making payments to each State for carrying out the program of Aid to
Families with Dependent Children under title IV-A of the Social Security Act
before the effective date of the program of Temporary Assistance to Needy
Families (TANF) with respect to such State, such sums as may be necessary:
Provided, That the sum of the amounts available to a State with
respect to expenditures under such title IV-A in fiscal year 1997 under this
appropriation and under such title IV-A as amended by the Personal
Responsibility and Work Opportunity Reconciliation Act of 1996 shall not
exceed the limitations under section 116(b) of such Act.
For making, after May 31 of the current fiscal year, payments to States or
other non-Federal entities under titles I, IV-D, X, XI, XIV, and XVI of the
Social Security Act and the Act of July 5, 1960 (24 U.S.C. ch. 9), for the
last three 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 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 the Congress to
be emergency requirements pursuant to section 251(b)(2)(D) of the Balanced
Budget and Emergency Deficit Control Act of 1985: Provided further,
That these funds shall be made available only after submission to the Congress
of a formal budget request by the President that includes designation of the
entire amount of the request as an emergency requirement as defined in the
Balanced Budget and Emergency Deficit Control Act of 1985.
REFUGEE AND ENTRANT ASSISTANCE
For making payments for refugee and entrant assistance activities
authorized by title IV of the Immigration and Nationality Act and section 501
of the Refugee Education Assistance Act of 1980 (Public Law 96-422),
$423,000,000, to remain available through September 30, 2002:
Provided, That funds appropriated pursuant to section 414(a) of the
Immigration and Nationality Act under Public 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, to remain available until expended.
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, $1,050,000,000: 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 $1,050,000,000 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
5 percent.
CHILDREN AND FAMILIES SERVICES PROGRAMS
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, $6,682,635,000, of which
$20,000,000, 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 $500,000,000
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 $1,900,000,000 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.
In addition, $105,000,000, to be derived from the Violent Crime Reduction
Trust Fund for carrying out sections 40155, 40211 and 40241 of Public Law
103-322.
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, $4,312,300,000.
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, $928,055,000: 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, $193,203,000, together with $6,517,000, 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 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 $4,000,000 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.
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,
$35,000,000.
OFFICE FOR CIVIL RIGHTS
For expenses necessary for the Office for Civil Rights, $18,845,000,
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, $15,000,000.
Public Health and Social Services Fund
For expenses necessary to support activities related to countering
potential biological, disease and chemical threats to civilian populations,
$175,000,000: Provided, That this amount is distributed as follows:
Centers for Disease Control and Prevention, $120,000,000, of which $30,000,000
shall be for the Health Alert Network; Office of the Secretary, $30,000,000,
and Office of Emergency Preparedness, $25,000,000. In addition, for expenses
necessary for the Global Health Initiative: $75,000,000: Provided,
That this amount is distributed as follows: Centers for Disease Control and
Prevention, $49,000,000, of which $35,000,000 shall be for international
HIV/AIDS programs, $9,000,000 shall be for malaria programs, and $5,000,000
shall be for global micronutrient malnutrition programs; National Institutes
of Health, $26,000,000, of which $15,000,000 shall be for international
HIV/AIDS programs, $6,000,000 shall be for malaria programs, and $5,000,000
shall be for global micronutrient malnutrition programs. In addition,
$150,000,000 for carrying out the Department's Year 2000 computer conversion
activities, $35,000,000 for minority AIDS prevention and treatment activities,
$20,000,000 for buildings and facilities at the Centers for Disease Control
and Prevention, and $20,000,000 for the National Institutes of Health
challenge grant program.
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
III.
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, 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 (except the Public Health and Social Services Emergency
Fund) 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 fifteen 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 NIH and the
Director of the Office of AIDS Research, shall be made available to the
`Office of AIDS Research' account. The Director of the Office of AIDS Research
shall transfer from such account amounts necessary to carry out section
2353(d)(3) of the Public Health Service Act.
SEC. 209. None of the funds appropriated in this Act may be made available
to any entity under title X of the Public Health Service Act unless the
applicant for the award certifies to the Secretary that it encourages family
participation in the decision of minors to seek family planning services and
that it provides counseling to minors on how to resist attempts to coerce
minors into engaging in sexual activities.
SEC. 210. None of the funds appropriated by this Act (including funds
appropriated to any trust fund) may be used to carry out the Medicare+Choice
program if the Secretary denies participation in such program to an otherwise
eligible entity (including a Provider Sponsored Organization) because the
entity informs the Secretary that it will not provide, pay for, provide
coverage of, or provide referrals for abortions: Provided, That the
Secretary shall make appropriate prospective adjustments to the capitation
payment to such an entity (based on an actuarially sound estimate of the
expected costs of providing the service to such entity's enrollees):
Provided further, That nothing in this section shall be construed to
change the Medicare program's coverage for such services and a Medicare+Choice
organization described in this section shall be responsible for informing
enrollees where to obtain information about all Medicare covered services.
SEC. 211. (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-
`(1) IN GENERAL- 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-
`(1) IN GENERAL- With respect to fiscal year 2000, the amount of the
allotment of a State under section 1921 shall not be less than the amount
the State received under section 1921 for fiscal year 1999 increased by
30.65 percent of the percentage by which the amount allotted to the States
for fiscal year 2000 exceeds the amount allotted to the States for fiscal
year 1999.
`(A) IN GENERAL- Except as provided in subparagraph (B), a State
shall not receive an allotment under section 1921 for fiscal year 2000
in an amount that is less than an amount equal to 0.375 percent of the
amount appropriated under section 1935(a) for such fiscal
year.
`(B) EXCEPTION- In applying subparagraph (A), the Secretary shall
ensure that no State receives an increase in its allotment under section
1921 for fiscal year 2000 (as compared to the amount allotted to the
State in the fiscal year 1999) that is in excess of an amount equal to
300 percent of the percentage by which the amount appropriated under
section 1935(a) for fiscal year 2000 exceeds the amount appropriated for
fiscal year 1999.'.
SEC. 212. 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. 213. 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. 214. 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. 215. Of the funds appropriated for the National Institutes of Health
for fiscal year 2000, $3,000,000,000 shall not be available for obligation
until September 29, 2000.
TITLE III--DEPARTMENT OF EDUCATION
Office of Elementary and Secondary 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, $1,655,600,000,
of which $459,500,000 shall be for the Goals 2000 Act, of which $114,875,000
shall become available on July 1, 2000 and remain available through September
30, 2001, and $344,625,000 shall become available on October 1, 2000 and
remain available through September 30, 2001, 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 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 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.
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, $8,750,986,000, of which
$2,520,823,000 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 $6,894,000,000
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 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 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 $120,000,000 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, $892,000,000, of which $725,000,000 shall be for basic support
payments under section 8003(b), $50,000,000 shall be for payments for children
with disabilities under section 8003(d), $75,000,000, to remain available
until expended, shall be for payments under section 8003(f), $7,000,000 shall
be for construction under section 8007, $30,000,000 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.
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;
$2,886,634,000, of which $1,151,550,000 shall become available on July 1,
2000, and remain available through September 30, 2001, and of which
$1,239,750,000 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 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 shall be for teacher assistance to local educational agencies
only if specifically authorized by subsequent legislation.
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 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.
Office of Bilingual Education and Minority Languages Affairs
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), $394,000,000: Provided, That
State educational agencies may use all, or any part of, their part C
allocation for competitive grants to local educational agencies.
Office of Special Education and Rehabilitative Services
SPECIAL EDUCATION
For carrying out the Individuals with Disabilities Education Act,
$6,035,646,000, of which $3,834,587,000 shall become available for obligation
on July 1, 2000, and shall remain available through September 30, 2001, and of
which $2,201,059,000 shall become available on October 1, 2000 and shall
remain available through September 30, 2001, for academic year 2000-2001.
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, $2,692,872,000.
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.), $85,500,000, 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.
Office of Vocational and Adult Education
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, $1,676,750,000, of which $3,500,000 shall
remain available until expended, and of which $1,658,150,000 shall become
available on July 1, 2000 and shall remain available through September 30,
2001: Provided, That of the amounts made available for the Perkins
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 enactment of Public Law 105-220.
Office of Postsecondary Education
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, $9,498,000,000, which
shall remain available through September 30, 2001 and of which $1,176,400,000
shall become available on October 1, 2000 and remain available through
September 30, 2001.
The maximum Pell Grant for which a student shall be eligible during award
year 2000-2001 shall be $3,325: 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.
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, 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;
$1,404,631,000, of which $12,000,000 for interest subsidies authorized by
section 121 of the Higher Education Act, shall remain available until
expended: Provided, That funds available for part A, subpart 2 of
title VII of the Higher Education Act shall be available to fund awards for
academic year 2000-2001 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 not more than 0.75 percent of the funds appropriated to
carry out title II of the Higher Education Act may be used to conduct
activities evaluating that program.
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), of which $3,530,000 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, $737,000 to carry out activities related to existing
facility loans entered into under the Higher Education Act.
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 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, as amended, $207,000.
Office of Educational Research and Improvement
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 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, $468,867,000:
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:
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 sections 912(m)(1)(B)-(F) and 931(c)(2)(B)-(C) of Public Law
103-227.
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,
$378,184,000.
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 THE INSPECTOR GENERAL
For expenses necessary for the Office of the Inspector General, as
authorized by section 212 of the Department of Education Organization Act,
$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, 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
fifteen days in advance of any transfer.
NATIONAL TESTING
SEC. 305. (a) IN GENERAL- Part C of the General Education Provisions Act
(20 U.S.C. 1231 et seq.) is amended by adding at the end the following:
`SEC. 447. PROHIBITION ON FEDERALLY SPONSORED TESTING.
`(a) GENERAL PROHIBITION- Notwithstanding any other provision of Federal
law and except as provided in subsection (b), no funds provided to the
Department of Education or to an applicable program, may be used to pilot
test, field test, implement, administer or distribute in any way any federally
sponsored national test in reading, mathematics, or any other subject that is
not specifically and explicitly provided for in authorizing legislation
enacted into law.
`(b) EXCEPTIONS- Subsection (a) shall not apply to the Third International
Mathematics and Science Study or other international comparative assessments
developed under the authority of section 404(a)(6) of the National Education
Statistics Act of 1994 (20 U.S.C. 9003(a)(6) et seq.) and administered to only
a representative sample of pupils in the United States and in foreign
nations.'.
(b) AUTHORITY OF NATIONAL ASSESSMENT GOVERNING BOARD- Subject to section
447 of the General Education Provisions Act, the exclusive authority over the
direction and all policies and guidelines for developing voluntary national
tests pursuant to contract RJ97153001 previously entered into between the
United States Department of Education and the American Institutes for Research
and executed on August 15, 1997, and subsequently modified by the National
Assessment Governing Board on February 11, 1998, shall continue to be vested
in the National Assessment Governing Board established under section 412 of
the National Education Statistics Act of 1994 (20 U.S.C. 9011).
TITLE IV--RELATED AGENCIES
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, $293,261,000.
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 any grantee or entity that receives funds in
this or any other Act shall be prohibited from selling, exchanging or
otherwise transferring, either directly or indirectly, the names of current or
former members or donors to any political organization: Provided
further, That none of the funds appropriated in this Act or any other Act
shall be awarded to any grantee or entity that sells, exchanges or transfers,
either directly or indirectly, the names of current or former members or
donors to any political organization: Provided further, That
notwithstanding any other provision of law, none of the funds appropriated for
fiscal years 2000 or 2001 in the Departments of Labor, Health and Human
Services and Education and Related Agencies Acts of fiscal years 1998 and
1999, shall be awarded to any grantee or entity of the Corporation for Public
Broadcasting that sells, exchanges or transfers, either directly or
indirectly, the names of current or former members or donors to any political
organization.
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.
Office of Library Services: Grants and Administration
For carrying out subtitle B of the Museum and Library Services Act,
$154,500,000.
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, $210,193,000: 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 1999 not needed for emergency boards shall remain available
for other statutory purposes through September 30, 2000.
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
FEDERAL WINDFALL SUBSIDY
For payment to the Dual Benefits Payments Account, authorized under
section 15(d) of the Railroad Retirement Act of 1974, $175,000,000, 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 $175,000,000: 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, $90,000,000, 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, $21,553,085,000, 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 $6,188,871,000 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 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.
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 each authorized to
make available not to exceed $15,000 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 unless the Secretary of Health and Human Services determines that
such programs are effective in preventing the spread of HIV and do not
encourage the use of illegal drugs.
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 nongovernmental 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. 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. 514. 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'.
This Act may be cited as the `Departments of Labor, Health and Human
Services, and Education, and Related Agencies Appropriations Act, 2000'.
Calendar No. 290
106th CONGRESS
1st Session
S. 1650
A BILL
Making appropriations for the Departments of Labor, Health and Human
Services, and Education, and related agencies for the fiscal year ending
September 30, 2000, and for other purposes.
September 28, 1999
Read twice and placed on the calendar
END