Title I: Department of Labor - Department of Labor Appropriations Act, 2000 - Makes appropriations for FY 2000 to the Department of Labor for: (1) training and employment services; (2) community service employment for older Americans; (3) Federal unemployment benefits and allowances; (4) State unemployment insurance and employment service operations; (5) advances to the Unemployment Trust Fund and other trust funds; (6) employment and training program administration; (7) the Pension and Welfare Benefits Administration and the Pension Benefit Guaranty Corporation; (8) the Employment Standards Administration; (9) certain special benefits; (10) the Black Lung Disability Trust Fund; (11) the Occupational Safety and Health Administration; (12) the Mine Safety and Health Administration; (13) the Bureau of Labor Statistics; (14) departmental management; (15) the Assistant Secretary for Veterans Employment and Training; and (16) the Office of Inspector General.
Sets forth authorized uses of, and limitations on, funds appropriated under this title.
Title II: Department of Health and Human Services - Department of Health and Human Services Appropriations Act, 2000 - Makes appropriations for FY 2000 to the Department of Health and Human Services (HHS) for: (1) the Health Resources and Services Administration; (2) the Medical Facilities Guarantee and Loan Fund for Federal interest subsidies for medical facilities; (3) health education assistance loans; (4) the Vaccine Injury Compensation Program Trust Fund; (5) Centers for Disease Control and Prevention; (6) the National Institutes of Health, including amounts for the John E. Fogarty International Center, the National Library of Medicine, the Office of the Director, and buildings and facilities; (7) the Substance Abuse and Mental Health Services Administration; (8) the Agency for Health Care Policy and Research; (9) the Health Care Financing Administration for grants to States for Medicaid, payments to health care trust funds, program management, and the Health Maintenance Organization Loan and Loan Guarantee Fund; (10) the Administration for Children and Families for family support payments to States; (11) low income home energy assistance; (12) refugee and entrant assistance; (13) the social services block grant; (14) children and families services programs; (15) family preservation and support pursuant to a specified provision of the Social Security Act; (16) payments to States for foster care and adoption assistance; (17) the Administration on Aging; (18) the Office of the Secretary for general departmental management; (19) the Office of Inspector General; (20) the Office for Civil Rights; (21) policy research; (22) retirement pay and medical benefits for Public Health Service commissioned officers; and (23) activities related to countering potential biological, disease, and chemical threats to civilian populations.
Rescinds FY 2000 funds for a sample study of child welfare.
Sets forth authorized uses of, and limitations on, funds appropriated under this title.
(Sec. 208) Prohibits funds appropriated in this Act from being made available under title X (population research and voluntary family planning) of the Public Health Service Act unless the award applicant certifies to the Secretary of HHS that it encourages family participation in the decision of minors to seek family planning services and provides counseling to minors on resisting attempts to coerce them into engaging in sexual activities.
(Sec. 210) Prohibits the use of funds appropriated by this Act to carry out the Medicare+Choice program if the Secretary of HHS 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.
(Sec. 211) Amends the Public Health Service Act to require State allotments under block grants for: (1) community health services for FY 2000 to be at least the amount the State received for FY 1998; and (2) substance abuse prevention and treatment for FY 2000 to be equal to allotments for FY 1999.
Title III: Department of Education - Department of Education Appropriations Act, 2000 - Makes appropriations for FY 2000 to the Department of Education for: (1) education reform; (2) education for the disadvantaged; (3) impact aid; (4) school improvement activities; (5) reading excellence; (6) Indian education; (7) bilingual and immigrant education; (8) special education; (9) rehabilitation services and disability research; (10) special institutions for persons with disabilities, including the American Printing House for the Blind, the National Technical Institute for the Deaf, the Kendall Demonstration Elementary School, the Model Secondary School for the Deaf, and Gallaudet University; (11) vocational and adult education; (12) student financial assistance; (13) the Federal Family Education Loan program account; (14) higher education; (15) Howard University; (16) the college housing and academic facilities loans program; (17) the historically Black college and university capital financing program account; (18) education research, statistics, and improvement; (19) departmental management; (20) the Office for Civil Rights; and (21) the Office of the Inspector General.
Sets forth authorized uses of, and limitations on, funds appropriated under this title.
(Sec. 301) Prohibits funds appropriated in this Act from being used to: (1) transport teachers or students in order to overcome racial imbalance in any school or to carry out a racial desegregation plan; or (2) prevent the implementation of programs of voluntary prayer and meditation in public schools.
(Sec. 306) Amends the Elementary and Secondary Education Act of 1965 to reduce to 35 percent the Federal share available for Even Start family literacy programs in any year after the eighth year of receiving assistance. Removes a provision which limits the receipt of such assistance to a period of eight years.
Title IV: Related Agencies - Makes appropriations for FY 2000 to the: (1) Armed Forces Retirement Home; (2) Corporation for National and Community Service; (3) Corporation for Public Broadcasting; (4) Federal Mediation and Conciliation Service; (5) Federal Mine Safety and Health Review Commission; (6) Institute of Museum and Library Services; (7) Medicare Payment Advisory Commission; (8) National Commission on Libraries and Information Science; (9) National Council on Disability; (10) National Education Goals Panel; (11) National Labor Relations Board; (12) National Mediation Board; (13) Occupational Safety and Health Review Commission; (14) Railroad Retirement Board for the dual benefits payments account, Federal payments to the railroad retirement accounts, administration, and the Office of Inspector General; (15) Social Security Administration for payments to the social security trust funds, special benefits for disabled coal miners, the Supplemental Security Income (SSI) Program, administrative expenses, and the Office of Inspector General; and (16) U.S. Institute of Peace.
Sets forth authorized uses of, and limitations on, funds appropriated under this title.
Title V: General Provisions - Sets forth authorized uses of, and limitations on, funds appropriated under this Act.
(Sec. 505) Prohibits the use of funds appropriated under this Act for programs to distribute sterile needles or syringes for the injection of illegal drugs.
(Sec. 506) Sets forth Buy American requirements.
(Sec. 508) Prohibits funds appropriated under this Act from being expended for abortions or for health benefits coverage that includes coverage of abortion, except in cases where the pregnancy is the result of rape or incest or where a woman suffers from a physical condition that would, as certified by a physician, place her in danger of death unless an abortion is performed.
(Sec. 510) Prohibits the use of funds made available in this Act for: (1) the creation of a human embryo for research purposes; or (2) research in which a human embryo is destroyed or knowingly subjected to risk of injury or death greater than that allowed for research on fetuses in utero under Federal regulations and the Public Health Service Act.
(Sec. 511) Prohibits the use of funds made available in this Act for activities to promote the legalization of a controlled substance unless there is significant medical evidence of a therapeutic advantage to the use of such substance or that federally-sponsored trials are being conducted to determine such advantage.
(Sec. 514) Bars the use of funds made available in this Act to promulgate a final standard under the Social Security Act providing for a unique health identifier for an individual (except in an individual's capacity as an employer or health care provider) until legislation is enacted specifically approving the standard.
Title VI: Early Detection, Diagnosis, and Interventions For Newborns and Infants With Hearing Loss - Mandates grants or cooperative agreements to: (1) develop statewide newborn and infant hearing screening, evaluation, and intervention programs and systems; and (2) provide technical assistance to State agencies to complement an intramural program and to conduct applied research related to newborn and infant hearing screening, evaluation, and intervention programs and systems. Requires the National Institutes of Health to continue a program of research and development on the efficacy of new screening techniques and technology. Mandates Federal coordination and collaboration with State and local agencies, consumer groups, national medical, health, and education specialty organizations, deaf or hard-of-hearing individuals and their families, qualified professional personnel, and related commercial industries. Authorizes appropriations.
Title VII: Child Protection Act of 1999 - Child Protection Act of 1999 - Requires any elementary or secondary school or public library that has received Federal funds for the acquisition or operation of any computer that is accessible to minors and that has access to the Internet to: (1) install software on that computer adequately designed to prevent minors from obtaining access to any obscene information or child pornography; and (2) ensure that such software is operational whenever that computer is used by minors.
Allows temporary interruption of software operation to permit a minor, under the direct supervision of an adult designated by the school or library, to have access to information that is not obscene, is not child pornography, or is otherwise unprotected by the Constitution.
Requires determinations of adequate design to be made by an agency or official designated by the chief executive officer of the State.
Authorizes Federal agency heads to respond to violations of this Act by seeking remedies, in the same manner as under the General Education Provisions Act, including withholding of further payments, issuing a complaint to compel compliance through a cease and desist order, or entering into a compliance agreement with the recipient of funds. Prohibits seeking recovery of funds from the recipient.
Title VIII: Inflation Adjustments to Mandatory Jurisdiction Thresholds of National Labor Relations Board - Amends the National Labor Relations Act to provide for inflation adjustments to the mandatory jurisdiction thresholds of the National Labor Relations Board.
Title IX: Miscellaneous Provisions - Amends the Internal Revenue Code to require earned income credit refunds to be paid in 12 substantially equal installments. Makes such requirement inapplicable to refunds under $600.
Terminates provisions regarding advanced payment of earned income credit after September 30, 1999. Makes such termination inapplicable to earned income eligibility certificates in effect on such date and to renewals of such certificates which are so in effect.
Applies the preceding amendments to taxable years beginning after December 31, 1998.
(Sec. 902) Directs the General Accounting Office to conduct a study of the impact on earned income tax credit recipients with respect to a disbursement over 12 months versus the current one-time, lump-sum payment.
Title X: Disaster Relief for Farmers - Makes a specified amount of Commodity Credit Corporation funds available to the Secretary of Agriculture to provide assistance to producers for crop and livestock losses incurred as a result of the hurricanes and flooding that struck the eastern United States in August and September 1999.
[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3037 Reported in House (RH)]
Union Calendar No. 211
106th CONGRESS
1st Session
H. R. 3037
[Report No. 106-370]
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 HOUSE OF REPRESENTATIVES
October 7, 1999
Mr. Porter, from the Committee on Appropriations, reported the
following bill; which was committed to the Committee of the Whole House
on the State of the Union and ordered to be printed
_______________________________________________________________________
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 Women in Apprenticeship and Nontraditional Occupations Act;
and the National Skill Standards Act of 1994; $1,964,758,000 plus
reimbursements, of which $1,025,889,000 is available for obligation for
the period July 1, 2000, through June 30, 2001, of which $900,869,000
is available for obligation for the period April 1, 2000, through June
30, 2001, and of which $34,000,000 is available for the period July 1,
2000, through June 30, 2003, for necessary expenses of construction,
rehabilitation, and acquisition of Job Corps centers: Provided, That
$53,815,000 shall be for carrying out section 166 of the Workforce
Investment Act, and $7,000,000 shall be for carrying out the National
Skill 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.
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; $2,607,300,000 plus reimbursements, of which
$2,507,300,000 is available for obligation for the period October 1,
2000, through June 30, 2001; and of which $100,000,000 is available for
the period October 1, 2000, through June 30, 2003, for necessary
expenses of construction, rehabilitation, and acquisition of Job Corps
centers.
community service employment for older americans
To carry out the activities for national grants or contracts with
public agencies and public or private nonprofit organizations under
paragraph (1)(A) of section 506(a) of title V of the Older Americans
Act of 1965, as amended, or to carry out older worker activities as
subsequently authorized, $343,356,000.
To carry out the activities for grants to States under paragraph
(3) of section 506(a) of title V of the Older Americans Act of 1965, as
amended, or to carry out older worker activities as subsequently
authorized, $96,844,000.
federal unemployment benefits and allowances
For payments during the current fiscal year of trade adjustment
benefit payments and allowances under part I; and for training,
allowances for job search and relocation, and related State
administrative expenses under part II, subchapters B and D, chapter 2,
title II of the Trade Act of 1974, as amended, $314,400,000, 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, $123,452,000, together with
not to exceed $3,018,288,000 (including not to exceed $1,228,000 which
may be used for amortization payments to States which had independent
retirement plans in their State employment service agencies prior to
1980), which may be expended from the Employment Security
Administration account in the Unemployment Trust Fund including the
cost of administering section 1201 of the Small Business Job Protection
Act of 1996, section 7(d) of the Wagner-Peyser Act, as amended, the
Trade Act of 1974, as amended, the Immigration Act of 1990, and the
Immigration and Nationality Act, as amended, and of which the sums
available in the allocation for activities authorized by title III of
the Social Security Act, as amended (42 U.S.C. 502-504), and the sums
available in the allocation for necessary administrative expenses for
carrying out 5 U.S.C. 8501-8523, shall be available for obligation by
the States through December 31, 2000, except that funds used for
automation acquisitions shall be available for obligation by the States
through September 30, 2002; and of which $123,452,000, together with
not to exceed $738,283,000 of the amount which may be expended from
said trust fund, shall be available for obligation for the period July
1, 2000, through June 30, 2001, to fund activities under the Act of
June 6, 1933, as amended, including the cost of penalty mail authorized
under 39 U.S.C. 3202(a)(1)(E) made available to States in lieu of
allotments for such purpose, and of which $75,000,000 shall be
available only to the extent necessary for additional State allocations
to administer unemployment compensation laws to finance increases in
the number of unemployment insurance claims filed and claims paid or
changes in a State law: Provided, That to the extent that the Average
Weekly Insured Unemployment (AWIU) for fiscal year 2000 is projected by
the Department of Labor to exceed 2,638,000, an additional $28,600,000
shall be available for obligation for every 100,000 increase in the
AWIU level (including a pro rata amount for any increment less than
100,000) from the Employment Security Administration Account of the
Unemployment Trust Fund: Provided further, That funds appropriated in
this Act which are used to establish a national one-stop career center
network may be obligated in contracts, grants or agreements with non-
State entities: Provided further, That funds appropriated under this
Act for activities authorized under the Wagner-Peyser Act, as amended,
and title III of the Social Security Act, may be used by the States to
fund integrated Employment Service and Unemployment Insurance
automation efforts, notwithstanding cost allocation principles
prescribed under Office of Management and Budget Circular A-87.
advances to the unemployment trust fund and other funds
For repayable advances to the Unemployment Trust Fund as authorized
by sections 905(d) and 1203 of the Social Security Act, as amended, and
to the Black Lung Disability Trust Fund as authorized by section
9501(c)(1) of the Internal Revenue Code of 1954, as amended; and for
nonrepayable advances to the Unemployment Trust Fund as authorized by
section 8509 of title 5, United States Code, and to the ``Federal
unemployment benefits and allowances'' account, to remain available
until September 30, 2001, $356,000,000.
In addition, for making repayable advances to the Black Lung
Disability Trust Fund in the current fiscal year after September 15,
2000, for costs incurred by the Black Lung Disability Trust Fund in the
current fiscal year, such sums as may be necessary.
program administration
For expenses of administering employment and training programs,
$94,410,000, including $6,360,000 to support up to 75 full-time
equivalent staff, the majority of which will be term Federal
appointments lasting no more than one year, to administer welfare-to-
work grants, together with not to exceed $43,716,000, 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, $90,000,000.
Pension Benefit Guaranty Corporation
pension benefit guaranty corporation fund
The Pension Benefit Guaranty Corporation is authorized to make such
expenditures, including financial assistance authorized by section 104
of Public Law 96-364, within limits of funds and borrowing authority
available to such Corporation, and in accord with law, and to make such
contracts and commitments without regard to fiscal year limitations as
provided by section 104 of the Government Corporation Control Act, as
amended (31 U.S.C. 9104), as may be necessary in carrying out the
program through September 30, 2000, for such Corporation: Provided,
That not to exceed $10,958,000 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, $312,076,000, together with
$1,924,000 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; and 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)
For payments from the Black Lung Disability Trust Fund,
$1,013,266,000, of which $963,506,000 shall be available until
September 30, 2001, for payment of all benefits as authorized by
section 9501(d) (1), (2), (4), and (7) of the Internal Revenue Code of
1954, as amended, and interest on advances as authorized by section
9501(c)(2) of that Act, and of which $28,676,000 shall be available for
transfer to Employment Standards Administration, Salaries and Expenses,
$20,422,000 for transfer to Departmental Management, Salaries and
Expenses, $306,000 for transfer to Departmental Management, Office of
Inspector General, and $356,000 for payment into miscellaneous receipts
for the expenses of the Department of Treasury, for expenses of
operation and administration of the Black Lung Benefits program as
authorized by section 9501(d)(5) of that Act: Provided, That, in
addition, such amounts as may be necessary may be charged to the
subsequent year appropriation for the payment of compensation,
interest, or other benefits for any period subsequent to August 15 of
the current year.
Occupational Safety and Health Administration
salaries and expenses
For necessary expenses for the Occupational Safety and Health
Administration, $337,408,000, including not to exceed $76,080,000 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, $211,165,000, including purchase and bestowal of
certificates and trophies in connection with mine rescue and first-aid
work, and the hire of passenger motor vehicles; including not to exceed
$750,000 may be collected by the National Mine Health and Safety
Academy for room, board, tuition, and the sale of training materials,
otherwise authorized by law to be collected, to be available for mine
safety and health education and training activities, notwithstanding 31
U.S.C. 3302; the Secretary is authorized to accept lands, buildings,
equipment, and other contributions from public and private sources and
to prosecute projects in cooperation with other agencies, Federal,
State, or private; the Mine Safety and Health Administration is
authorized to promote health and safety education and training in the
mining community through cooperative programs with States, industry,
and safety associations; and any funds available to the Department may
be used, with the approval of the Secretary, to provide for the costs
of mine rescue and survival operations in the event of a major
disaster: Provided, That none of the funds appropriated under this
paragraph shall be obligated or expended to carry out section 115 of
the Federal Mine Safety and Health Act of 1977 or to carry out that
portion of section 104(g)(1) of such Act relating to the enforcement of
any training requirements, with respect to shell dredging, or with
respect to any sand, gravel, surface stone, surface clay, colloidal
phosphate, or surface limestone mine prior to June 1, 2000.
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, $340,551,000, 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 $54,146,000, 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 $6,750,000 for the
President's Committee on Employment of People with Disabilities,
$190,832,000; together with not to exceed $299,000, 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.).
assistant secretary for veterans employment and training
Not to exceed $182,719,000 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, $43,852,000, together with not to exceed $3,648,000, which may
be expended from the Employment Security Administration account in the
Unemployment Trust Fund.
GENERAL PROVISIONS
Sec. 101. None of the funds appropriated in this title for the Job
Corps shall be used to pay the compensation of an individual, either as
direct costs or any proration as an indirect cost, at a rate in excess
of Executive Level II.
(transfer of funds)
Sec. 102. Not to exceed 1 percent of any discretionary funds
(pursuant to the Balanced Budget and Emergency Deficit Control Act, 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.
Sec. 103. None of the funds made available in this title may be
used to implement, administer, or enforce the rule entitled
``Procedures for Predetermination of Wage Rates'' published by the Wage
and Hour Division, Employment Standards Administration, Department of
Labor on April 9, 1999 (64 Fed. Reg. 17441 et seq.).
Sec. 104. None of the funds made available in this Act may be used
to implement, administer, or enforce the rules revising 29 CFR parts
2520 and 2560 published by the Pension and Welfare Benefits
Administration on September 9, 1998, in Volume 63, No. 174 of the
Federal Register.
This title may be cited as the ``Department of Labor Appropriations
Act, 2000''.
TITLE II--DEPARTMENT OF HEALTH AND HUMAN SERVICES
Health Resources and Services Administration
health resources and services
For carrying out titles II, III, VII, VIII, X, XII, XIX, and XXVI
of the Public Health Service Act, section 427(a) of the Federal Coal
Mine Health and Safety Act, title V and section 1820 of the Social
Security Act, the Health Care Quality Improvement Act of 1986, as
amended, and the Native Hawaiian Health Care Act of 1988, as amended,
$4,204,395,000, 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 $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, $215,000,000 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 $500,000,000 shall
be for State AIDS Drug Assistance Programs authorized by section 2616
of the Public Health Service Act: Provided further, That,
notwithstanding section 502(a)(1) of the Social Security Act, not to
exceed $198,742,000 is available for carrying out special projects of
regional and national significance pursuant to section 501(a)(2) of
such Act.
medical facilities guarantee and loan fund
federal interest subsidies for medical facilities
For carrying out subsections (d) and (e) of section 1602 of the
Public Health Service Act, $1,000,000, together with any amounts
received by the Secretary in connection with loans and loan guarantees
under title VI of the Public Health Service Act, to be available
without fiscal year limitation for the payment of interest subsidies.
During the fiscal year, no commitments for direct loans or loan
guarantees shall be made.
health education assistance loans program
Such sums as may be necessary to carry out the purpose of the
program, as authorized by title VII of the Public Health Service Act,
as amended. For administrative expenses to carry out the guaranteed
loan program, including section 709 of the Public Health Service Act,
$3,688,000.
vaccine injury compensation program trust fund
For payments from the Vaccine Injury Compensation Program Trust
Fund, such sums as may be necessary for claims associated with vaccine-
related injury or death with respect to vaccines administered after
September 30, 1988, pursuant to subtitle 2 of title XXI of the Public
Health Service Act, to remain available until expended: Provided, That
for necessary administrative expenses, not to exceed $3,000,000 shall
be available from the Trust Fund to the Secretary of Health and Human
Services.
Centers for Disease Control and Prevention
disease control, research, and training
To carry out titles II, III, VII, XI, XV, XVII, XIX, and XXVI of
the Public Health Service Act, sections 101, 102, 103, 201, 202, 203,
301, and 501 of the Federal Mine Safety and Health Act of 1977,
sections 20, 21, and 22 of the Occupational Safety and Health Act of
1970, title IV of the Immigration and Nationality Act and section 501
of the Refugee Education Assistance Act of 1980; including insurance of
official motor vehicles in foreign countries; and hire, maintenance,
and operation of aircraft, $2,621,476,000, of which $40,000,000 shall
remain available until expended for equipment and construction and
renovation of facilities, and in addition, such sums as may be derived
from authorized user fees, which shall be credited to this account:
Provided, That in addition to amounts provided herein, up to
$71,793,000 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, $3,163,417,000.
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, $1,937,404,000.
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, $256,022,000.
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,
$1,087,455,000.
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,
$979,281,000.
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,
$1,694,019,000.
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, $1,298,551,000.
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,
$815,970,000.
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,
$428,594,000.
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,
$419,009,000.
national institute on aging
For carrying out section 301 and title IV of the Public Health
Service Act with respect to aging, $651,665,000.
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, $333,378,000.
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,
$251,218,000.
national institute of nursing research
For carrying out section 301 and title IV of the Public Health
Service Act with respect to nursing research, $76,204,000.
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, $279,901,000.
national institute on drug abuse
For carrying out section 301 and title IV of the Public Health
Service Act with respect to drug abuse, $656,551,000.
national institute of mental health
For carrying out section 301 and title IV of the Public Health
Service Act with respect to mental health, $930,436,000.
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, $308,012,000.
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, $639,251,000: 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 $30,000,000 shall be for extramural
facilities construction grants.
john e. fogarty international center
For carrying out the activities at the John E. Fogarty
International Center, $40,190,000.
national library of medicine
For carrying out section 301 and title IV of the Public Health
Service Act with respect to health information communications,
$202,027,000, of which $4,000,000 shall be available until expended for
improvement of information systems: Provided, That in fiscal year 2000,
the Library may enter into personal services contracts for the
provision of services in facilities owned, operated, or constructed
under the jurisdiction of the National Institutes of Health.
national center for complementary and alternative medicine
For carrying out section 301 and title IV of the Public Health
Service Act with respect to complementary and alternative medicine,
$68,000,000.
office of the director
(including transfer of funds)
For carrying out the responsibilities of the Office of the
Director, National Institutes of Health, $270,383,000, of which
$44,953,000 shall be for the Office of AIDS Research: Provided, That
funding shall be available for the purchase of not to exceed 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: Provided further, That up to
$500,000 shall be available to carry out section 499 of the Public
Health Service Act: Provided further, That, notwithstanding section
499(k)(10) of the Public Health Service Act, funds from the Foundation
for the National Institutes of Health may be transferred to the
National Institutes of Health.
buildings and facilities
For the study of, construction of, and acquisition of equipment
for, facilities of or used by the National Institutes of Health,
including the acquisition of real property, $108,376,000, to remain
available until expended.
Substance Abuse and Mental Health Services Administration
substance abuse and mental health services
For carrying out titles V and XIX of the Public Health Service Act
with respect to substance abuse and mental health services, the
Protection and Advocacy for Mentally Ill Individuals Act of 1986, and
section 301 of the Public Health Service Act with respect to program
management, $2,413,731,000.
Agency for Health Care Policy and Research
health care policy and research
For carrying out titles III and IX of the Public Health Service
Act, and part A of title XI of the Social Security Act, $104,403,000;
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
$70,647,000.
Health Care Financing Administration
grants to states for medicaid
For carrying out, except as otherwise provided, titles XI and XIX
of the Social Security Act, $86,087,393,000, to remain available until
expended.
For making, after May 31, 2000, payments to States under title XIX
of the Social Security Act for the last quarter of fiscal year 2000 for
unanticipated costs, incurred for the current fiscal year, such sums as
may be necessary.
For making payments to States or in the case of section 1928 on
behalf of States under title XIX of the Social Security Act for the
first quarter of fiscal year 2001, $30,589,003,000, to remain available
until expended.
Payment under title XIX may be made for any quarter with respect to
a State plan or plan amendment in effect during such quarter, if
submitted in or prior to such quarter and approved in that or any
subsequent quarter.
payments to health care trust funds
For payment to the Federal Hospital Insurance and the Federal
Supplementary Medical Insurance Trust Funds, as provided under sections
217(g) and 1844 of the Social Security Act, sections 103(c) and 111(d)
of the Social Security Amendments of 1965, section 278(d) of Public Law
97-248, and for administrative expenses incurred pursuant to section
201(g) of the Social Security Act, $69,289,100,000.
program management
For carrying out, except as otherwise provided, titles XI, XVIII,
XIX, and XXI of the Social Security Act, titles XIII and XXVII of the
Public Health Service Act, and the Clinical Laboratory Improvement
Amendments of 1988, not to exceed $1,752,050,000 to be transferred from
the Federal Hospital Insurance and the Federal Supplementary Medical
Insurance Trust Funds, as authorized by section 201(g) of the Social
Security Act; together with all funds collected in accordance with
section 353 of the Public Health Service Act and such sums as may be
collected from authorized user fees and the sale of data, which shall
remain available until expended, and together with administrative fees
collected relative to Medicare overpayment recovery activities, which
shall remain available until expended: Provided, That all funds derived
in accordance with 31 U.S.C. 9701 from organizations established under
title XIII of the Public Health Service Act shall be credited to and
available for carrying out the purposes of this appropriation: Provided
further, That $18,000,000 appropriated under this heading for the
managed care system redesign shall remain available until expended:
Provided further, That the Secretary of Health and Human Services is
directed to collect, in aggregate, $15,000,000 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: Provided further, That, for the current
fiscal year, not more than $560,000,000 may be made available under
section 1817(k)(4) of the Social Security Act (42 U.S.C. 1395i(k)(4))
from the Health Care Fraud and Abuse Control Account of the Federal
Hospital Insurance Trust Fund to carry out the Medicare Integrity
Program under section 1893 of such Act.
health maintenance organization loan and loan guarantee fund
For carrying out subsections (d) and (e) of section 1308 of the
Public Health Service Act, any amounts received by the Secretary in
connection with loans and loan guarantees under title XIII of the
Public Health Service Act, to be available without fiscal year
limitation for the payment of outstanding obligations. During fiscal
year 2000, no commitments for direct loans or loan guarantees shall be
made.
Administration for Children and Families
payments to states for child support enforcement and family support
programs
For making payments to States or other non-Federal entities under
titles I, IV-D, X, XI, XIV, and XVI of the Social Security Act and the
Act of July 5, 1960 (24 U.S.C. ch. 9), for the first quarter of fiscal
year 2001, $650,000,000.
For making payments to each State for carrying out the program of
Aid to Families with Dependent Children under title IV-A of the Social
Security Act before the effective date of the program of Temporary
Assistance to Needy Families (TANF) with respect to such State, such
sums as may be necessary: Provided, That the sum of the amounts
available to a State with respect to expenditures under such title IV-A
in fiscal year 1997 under this appropriation and under such title IV-A
as amended by the Personal Responsibility and Work Opportunity
Reconciliation Act of 1996 shall not exceed the limitations under
section 116(b) of such Act.
For making, after May 31 of the current fiscal year, payments to
States or other non-Federal entities under titles I, IV-D, X, XI, XIV,
and XVI of the Social Security Act and the Act of July 5, 1960 (24
U.S.C. ch. 9), for the last 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 Budget
Reconciliation Act of 1981, $1,100,000,000, to be available for
obligation in the period October 1, 2000, through September 30, 2001.
For making payments under title XXVI of such Act, $300,000,000:
Provided, That these funds are hereby designated by Congress to be
emergency requirements pursuant to section 251(b)(2)(A) of the Balanced
Budget and Emergency Deficit Control Act of 1985: Provided further,
That these funds shall be made available only after submission to
Congress of a formal budget request by the President that includes
designation of the entire amount of the request as an emergency
requirement as defined in the Balanced Budget and Emergency Deficit
Control Act of 1985.
The $1,100,000,000 provided in the first paragraph under this
heading in the Departments of Labor, Health and Human Services, and
Education, and Related Agencies Appropriations Act, 1999 (as contained
in section 101(f) of division A of Public Law 105-277) is hereby
designated by the Congress as an emergency requirement pursuant to
section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit
Control Act of 1985: Provided, That such funds shall be available only
if the President submits to the Congress one official budget request
for $1,100,000,000 that includes designation of the entire amount as an
emergency requirement pursuant to such section: Provided further, That
such funds shall be distributed in accordance with section 2604 of the
Omnibus Budget Reconciliation Act of 1981 (42 U.S.C. 8623), other than
subsection (e) of such section.
refugee and entrant assistance
For making payments for refugee and entrant assistance activities
authorized by title IV of the Immigration and Nationality Act and
section 501 of the Refugee Education Assistance Act of 1980 (Public Law
96-422), $416,000,000: Provided, That funds appropriated pursuant to
section 414(a) of the Immigration and Nationality Act under Public Law
105-78 for fiscal year 1998 and under Public Law 105-277 for fiscal
year 1999 shall be available for the costs of assistance provided and
other activities through September 30, 2001.
For carrying out section 5 of the Torture Victims Relief Act of
1998 (Public Law 105-320), $7,500,000.
social services block grant
For making grants to States pursuant to section 2002 of the Social
Security Act, $1,909,000,000: 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
$1,909,000,000 and (2) notwithstanding subparagraph (B) of section
404(d)(2) of such Act, the applicable percent specified under such
subparagraph for a State to carry out State programs pursuant to title
XX of such Act for fiscal year 2000 shall be 4.25 percent.
children and families services programs
(including rescissions)
For carrying out, except as otherwise provided, the Runaway and
Homeless Youth Act, the Developmental Disabilities Assistance and Bill
of Rights Act, the Head Start Act, the Child Abuse Prevention and
Treatment Act, the Native American Programs Act of 1974, title II of
Public Law 95-266 (adoption opportunities), the Adoption and Safe
Families Act of 1997 (Public Law 105-89), the Abandoned Infants
Assistance Act of 1988, part B(1) of title IV and sections 413, 429A,
1110, and 1115 of the Social Security Act; for making payments under
the Community Services Block Grant Act, section 473A of the Social
Security Act, and title IV of Public Law 105-285; and for necessary
administrative expenses to carry out said Acts and titles I, IV, X, XI,
XIV, XVI, and XX of the Social Security Act, the Act of July 5, 1960
(24 U.S.C. ch. 9), the Omnibus Budget Reconciliation Act of 1981, title
IV of the Immigration and Nationality Act, section 501 of the Refugee
Education Assistance Act of 1980, section 5 of the Torture Victims
Relief Act of 1998 (Public Law 105-320), sections 40155, 40211, and
40241 of Public Law 103-322 and section 126 and titles IV and V of
Public Law 100-485, $6,135,216,000, 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 $568,555,000
shall be for making payments under the Community Services Block Grant
Act; and of which $4,760,000,000 shall be for making payments under the
Head Start Act, of which $1,400,000,000 shall become available October
1, 2000, and remain available through September 30, 2001: Provided,
That to the extent Community Services Block Grant funds are distributed
as grant funds by a State to an eligible entity as provided under the
Act, and have not been expended by such entity, they shall remain with
such entity for carryover into the next fiscal year for expenditure by
such entity consistent with program purposes.
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.
Funds appropriated for fiscal year 2000 under section 429A(e), part
B of title IV of the Social Security Act shall be reduced by
$6,000,000.
Funds appropriated for fiscal year 2000 under section 413(h)(1) of
the Social Security Act shall be reduced by $15,000,000.
family preservation and support
For carrying out section 430 of the Social Security Act,
$295,000,000.
payments to states for foster care and adoption assistance
For making payments to States or other non-Federal entities under
title IV-E of the Social Security Act, $4,307,300,000.
For making payments to States or other non-Federal entities under
title IV-E of the Social Security Act, for the first quarter of fiscal
year 2001, $1,538,000,000.
Administration on Aging
aging services programs
For carrying out, to the extent not otherwise provided, the Older
Americans Act of 1965, as amended, and sections 339A, 398, and 399 of
the Public Health Service Act, $881,976,000: 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, $221,936,000, of
which $50,000,000 shall become available on October 1, 2000, and shall
remain available until September 30, 2001, together with $5,851,000, to
be transferred and expended as authorized by section 201(g)(1) of the
Social Security Act from the Hospital Insurance Trust Fund and the
Supplemental Medical Insurance Trust Fund: Provided, That $450,000
shall be for a contract with the National Academy of Sciences to
conduct a study of the proposed tuberculosis standard promulgated by
the Occupational Safety and Health Administration: Provided further,
That said contract shall be awarded not later than sixty days after
enactment of this Act: Provided further, That said study shall be
submitted to the Congress not later than twelve months after the award
of the contract.
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, $29,000,000: Provided, That, for the current fiscal year, not
more than $100,000,000 may be made available under section
1817(k)(3)(A) of the Social Security Act (42 U.S.C. 1395i(k)(3)(A))
from the Health Care Fraud and Abuse Control Account of the Federal
Hospital Insurance Trust Fund for purposes of the activities of the
Office of Inspector General with respect to the Medicare and Medicaid
programs.
office for civil rights
For expenses necessary for the Office for Civil Rights,
$17,338,000, together with not to exceed $3,314,000, to be transferred
and expended as authorized by section 201(g)(1) of the Social Security
Act from the Hospital Insurance Trust Fund and the Supplemental Medical
Insurance Trust Fund.
policy research
For carrying out, to the extent not otherwise provided, research
studies under section 1110 of the Social Security Act, $14,000,000.
retirement pay and medical benefits for commissioned officers
For retirement pay and medical benefits of Public Health Service
Commissioned Officers as authorized by law, for payments under the
Retired Serviceman's Family Protection Plan and Survivor Benefit Plan,
for medical care of dependents and retired personnel under the
Dependents' Medical Care Act (10 U.S.C. ch. 55), and for payments
pursuant to section 229(b) of the Social Security Act (42 U.S.C.
429(b)), such amounts as may be required during the current fiscal
year.
public health and social services emergency fund
For expenses necessary to support activities related to countering
potential biological, disease and chemical threats to civilian
populations, $201,833,000: Provided, That this amount is distributed as
follows: Centers for Disease Control and Prevention, $118,000,000;
Office of the Secretary, $30,000,000; Office of Emergency Preparedness,
$24,600,000; and National Institutes of Health, $29,233,000. In
addition, $150,000,000 for carrying out the Department's Year 2000
computer conversion activities, $20,000,000 for carrying out polio
eradication activities, and $20,000,000 to support the Ricky Ray
Hemophilia Relief Fund Act: Provided, That the entire amount under this
heading is hereby designated by Congress to be emergency requirements
pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended: Provided further, That the
entire amount under this heading shall be made available only after
submission to Congress of a formal budget request by the President that
includes designation of the entire amount of the request as an
emergency requirement as defined in the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended: Provided further, That no
funds shall be obligated until the Department of Health and Human
Services submits an operating plan to the House and Senate Committees
on Appropriations.
GENERAL PROVISIONS
Sec. 201. Funds appropriated in this title shall be available for
not to exceed $37,000 for official reception and representation
expenses when specifically approved by the Secretary.
Sec. 202. The Secretary shall make available through assignment not
more than 60 employees of the Public Health Service to assist in child
survival activities and to work in AIDS programs through and with funds
provided by the Agency for International Development, the United
Nations International Children's Emergency Fund or the World Health
Organization.
Sec. 203. None of the funds appropriated under this Act may be used
to implement section 399L(b) of the Public Health Service Act or
section 1503 of the National Institutes of Health Revitalization Act of
1993, Public Law 103-43.
Sec. 204. None of the funds appropriated in this Act 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. 205. 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 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. 206. 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. 207. 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. 208. 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. 209. The final rule entitled ``Organ Procurement and
Transplantation Network'', promulgated by the Secretary of Health and
Human Services on April 2, 1998 (63 FR 16295 et seq.) (relating to part
121 of title 42, Code of Federal Regulations), shall not become
effective before October 1, 2000.
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.--With respect to fiscal year
2000, the amount of the allotment of a State under section 1911 shall
not be less than the amount the State received under section 1911 for
fiscal year 1998.''.
(b) Substance Abuse.--Section 1933(b) of the Public Health Service
Act (42 U.S.C. 300x-33(b)) is amended to read as follows:
``(b) Minimum Allotments for States.--Each State's allotment for
fiscal year 2000 for programs under this subpart shall be equal to such
State's allotment for such programs for fiscal year 1999.''.
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.
This title may be cited as the ``Department of Health and Human
Services Appropriations Act, 2000''.
TITLE III--DEPARTMENT OF EDUCATION
education reform
For carrying out activities authorized by sections 3122, 3132, and
3136, and part I of title X of the Elementary and Secondary Education
Act of 1965, $800,100,000, of which $10,000,000 shall be for section
3122: Provided, 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,
$8,417,897,000, of which $1,524,134,000 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 $6,574,000,000 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, $7,500,000
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 $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, $907,200,000, of which $737,200,000
shall be for basic support payments under section 8003(b), $50,000,000
shall be for payments for children with disabilities under section
8003(d), $76,000,000, to remain available until expended, shall be for
payments under section 8003(f), $7,000,000 shall be for construction
under section 8007, $32,000,000 shall be for Federal property payments
under section 8002 and $5,000,000 to remain available until expended
shall be for facilities maintenance under section 8008.--
school improvement programs
For carrying out school improvement activities authorized by titles
IV, V-A and B, VI, IX, X, and XIII of the Elementary and Secondary
Education Act of 1965; the Stewart B. McKinney Homeless Assistance Act;
the Civil Rights Act of 1964 and part B of title VIII of the Higher
Education Act; $3,115,188,000, of which $1,018,300,000 shall become
available on July 1, 2000, and remain available through September 30,
2001, and of which $1,638,000,000 shall become available on October 1,
2000, and shall remain available through September 30, 2001, for
academic year 2000-2001: Provided, That of the amount appropriated,
$385,000,000 shall be for title VI: Provided further, That of the
amount appropriated, $1,800,000,000 shall be for the Teacher
Empowerment Act, if such legislation is enacted.
reading excellence
For necessary expenses to carry out the Reading Excellence Act,
$200,000,000, which shall become available on July 1, 2000, and shall
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, $66,000,000.
bilingual and immigrant education
For carrying out, to the extent not otherwise provided, bilingual,
foreign language and immigrant education activities authorized by parts
A and C and section 7203 of title VII of the Elementary and Secondary
Education Act of 1965, without regard to section 7103(b), $380,000,000:
Provided, That State educational agencies may use all, or any part of,
their part C allocation for competitive grants to local educational
agencies.
special education
For carrying out the Individuals with Disabilities Education Act,
$5,833,146,000, of which $1,981,885,000 shall become available for
obligation on July 1, 2000, and shall remain available through
September 30, 2001, and of which $3,608,000,000 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, $2,687,150,000.
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.), $9,000,000.
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
remain available until expended: Provided, That from the total amount
available, the Institute may at its discretion use funds for the
endowment program as authorized under section 207.
gallaudet university
For the Kendall Demonstration Elementary School, the Model
Secondary School for the Deaf, and the partial support of Gallaudet
University under titles I and II of the Education of the Deaf Act of
1986 (20 U.S.C. 4301 et seq.), $85,980,000, of which $2,500,000 shall
be for construction and shall remain available until expended:
Provided, That from the total amount available, the University may at
its discretion use funds for the endowment program as authorized under
section 207.
vocational and adult education
For carrying out, to the extent not otherwise provided, the Carl D.
Perkins Vocational and Technical Education Act and the Adult Education
and Family Literacy Act, $1,582,247,000, of which $533,147,000 shall
become available on July 1, 2000, and shall remain available through
September 30, 2001, and of which $1,045,000,000 shall become available
on October 1, 2000, and shall remain available through September 30,
2001, for academic year 2000-2001: Provided, That of the amounts made
available for the Perkins Act, $4,100,000 shall be for tribally
controlled vocational institutions under section 117: Provided further,
That, of the amounts made available for the Adult Education and Family
Literacy Act, $7,000,000 shall be for national leadership activities
under section 243 and $6,000,000 shall be for the National Institute
for Literacy under section 242.
student financial assistance
For carrying out subparts 1 and 3 of part A, part C and part E of
title IV of the Higher Education Act of 1965, as amended,
$9,249,000,000, which shall remain available through September 30,
2001, and of which $2,286,000,000 shall become available on October 1,
2000, and shall remain available through September 30, 2001.
The maximum Pell Grant for which a student shall be eligible during
award year 2000-2001 shall be $3,275: Provided, That notwithstanding
section 401(g) of the Act, if the Secretary determines, prior to
publication of the payment schedule for such award year, that the
amount included within this appropriation for Pell Grant awards in such
award year, and any funds available from the fiscal year 1999
appropriation for Pell Grant awards, are insufficient to satisfy fully
all such awards for which students are eligible, as calculated under
section 401(b) of the Act, the amount paid for each such award shall be
reduced by either a fixed or variable percentage, or by a fixed dollar
amount, as determined in accordance with a schedule of reductions
established by the Secretary for this purpose.
For an additional amount for ``student financial assistance'' for
payment of allocations to institutions of higher education for Federal
Supplemental Educational Opportunity Grants for award years 1999-2000
and 2000-2001, made under title IV, part A, subpart 3, of the Higher
Education Act of 1965, as amended, $10,000,000: Provided, That
notwithstanding any other provision of law, the Secretary of Education
may waive or modify any statutory or regulatory provision applicable to
the Federal Supplemental Educational Opportunity Grant program and the
determination of need for such grants, that the Secretary deems
necessary to assist individuals who suffered financial harm resulting
from the hurricanes, and the flooding associated with the hurricanes,
that struck the eastern United States in August and September 1999, and
who, at the time of the disaster were residing, attending an
institution of higher education, or employed within an area affected by
such a disaster on the date which the President declared the existence
of a major disaster (or, in the case of an individual who is a
dependent student, whose parent or stepparent suffered financial harm
from such disaster, and who resided, or was employed in such an area at
that time): Provided further, That notwithstanding section 437 of the
General Education Provisions Act (20 U.S.C. 1232) and section 553 of
title 5, United States Code, the Secretary shall, by notice in the
Federal Register, exercise this authority, through publication of
waivers or modifications of statutory and regulatory provisions, as the
Secretary deems necessary to assist such individuals: Provided further,
That notwithstanding section 413D of the Higher Education Act of 1965,
allocations from such additional amount shall not be taken into account
in determining institutional allocations under such section in future
years: Provided further, That the entire amount made available under
this paragraph is designated by Congress as an emergency requirement
pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency
Deficit Control Act of 1985, and that the entire amount shall be
available only to the extent an official budget request for the entire
amount, that includes designation of the entire amount as an emergency
requirement pursuant to the Balanced Budget and Emergency Deficit
Control Act of 1985, is transmitted by the President to the Congress.
federal family education loan program account
For Federal administrative expenses to carry out guaranteed student
loans authorized by title IV, part B, of the Higher Education Act, as
amended, $46,482,000.
higher education
For carrying out, to the extent not otherwise provided, section 121
and titles II, III, IV, V, VI, and VII of the Higher Education Act of
1965, as amended, and the Mutual Educational and Cultural Exchange Act
of 1961; $1,151,786,000, 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 $4,000,000 is for data
collection and evaluation activities for programs under the Higher
Education Act, including such activities needed to comply with the
Government Performance and Results Act of 1993.
howard university
For partial support of Howard University (20 U.S.C. 121 et seq.),
$219,444,000, of which not less than $3,530,000 shall be for a matching
endowment grant pursuant to the Howard University Endowment Act (Public
Law 98-480) and shall remain available until expended.
college housing and academic facilities loans program
For Federal administrative expenses authorized under section 121 of
the Higher Education Act, $698,000 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, $96,000.
education research, statistics, and improvement
For carrying out activities authorized by the Educational Research,
Development, Dissemination, and Improvement Act of 1994, including part
E; the National Education Statistics Act of 1994, including sections
411 and 412; section 2102 of title II, and parts A, B, and K and
section 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, $390,867,000: 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 and in the statement
of the managers on the conference report accompanying Public Law 105-
277: Provided further, That the funds made available for comprehensive
school reform shall become available on July 1, 2000, and remain
available through September 30, 2001, and in carrying out this
initiative, the Secretary and the States shall support only approaches
that show the most promise of enabling children to meet challenging
State content standards and challenging State student performance
standards based on reliable research and effective practices, and
include an emphasis on basic academics and parental involvement:
Provided further, That $10,000,000 of the funds provided for the
national education research institutes shall be allocated
notwithstanding section 931(c)(2)(B) 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, $362,000,000.
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, $66,000,000.
office of inspector general
For expenses necessary for the Office of Inspector General, as
authorized by section 212 of the Department of Education Organization
Act, $31,242,000.
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.
Sec. 305. (a) From the funds appropriated for payments to local
educational agencies under section 8003(f) of the Elementary and
Secondary Education Act of 1965 (ESEA) for fiscal year 2000, the
Secretary of Education shall distribute supplemental payments for
certain local educational agencies, as follows:
(1) First, from the amount of $74,000,000, the Secretary
shall make supplemental payments to the following agencies
under section 8003(b) of the ESEA:
(A) Local educational agencies that received
assistance under section 8003(f) for fiscal year 1999;
and
(i) in fiscal year 1997 had at least 40
percent federally connected children described
in section 8003(a)(1) in average daily
attendance; and in fiscal year 1997 had an
adopted operations tax rate which was at least
95 percent of the state average operations tax
rate; or
(ii) whose boundary is coterminous with the
boundary of a federal military installation.
(B) Local educational agencies that received
assistance under section 8003(f) for fiscal year 1999;
and in fiscal year 1997 had at least 30 percent
federally connected children described in section
8003(a)(1) in average daily attendance; and in fiscal
year 1997 had an adopted operations tax rate which was
at least 125 percent of the State average operations
tax rate.
(C) Any eligible local educational agency that in
fiscal year 1997, which had at least 25,000 children in
average daily attendance, at least 50 percent federally
connected children described in section 8003(a)(1) in
average daily attendance, and at least 6,000 children
described in sections 8003(a)(1) (A) and (B) in average
daily attendance.
(2) From the remaining $2,000,000 and any amounts available
after making payments under paragraph (1), the Secretary shall
then make supplemental payments to local educational agencies
that are not described in paragraph (1) of this subsection, but
that meet the requirements of paragraphs (2) and (4) of section
8003(f) of the ESEA for fiscal year 2000.
(b) In calculating the amounts of supplemental payments for
agencies described in subparagraphs (1) (A) and (B) and paragraph (2)
of subsection (a), the Secretary shall use the formula contained in
section 8003(b)(1)(C) of the ESEA, except that---
(1) eligible local educational agencies may count all
children described in section 8003(a)(1) in computing the
amount of those payments;
(2) maximum payments for any of those agencies that use
local contribution rates identified in section 8003(b)(1)(C)
(i) or (ii) shall be computed by using four-fifths instead of
one-half of those rates;
(3) the learning opportunity threshold percentage of all
such agencies under section 8003(b)(2)(B) shall be deemed to be
100;
(4) for an eligible local educational agency with 35
percent or more of its children in average daily attendance
described in either subparagraph (D) or (E) of section
8003(a)(1) in fiscal year 1997, the weighted student unit
figure from its regular basic support payment shall be
recomputed by using a factor of 0.55 for such children;
(5) for an eligible local educational agency with fewer
than 100 children in average daily attendance in fiscal year
1997, the weighted student unit figure from its regular basic
support payment shall be recomputed by multiplying the total
number of children described in section 8003(a)(1) by a factor
of 1.75; and
(6) for an eligible local educational agency whose total
number of children in average daily attendance in fiscal year
1997 was at least 100, but fewer than 750, the weighted student
unit figure from its regular basic support payment shall be
recomputed by multiplying the total number of children
described in section 8003(a)(1) by a factor of 1.25.
(c) For a local educational agency described in subsection
(a)(1)(C) above, the Secretary shall use the formula contained in
section 8003(b)(1)(C) of the ESEA, except that the weighted student
unit total from its regular basic support payment shall be recomputed
by using a factor of 1.35 for children described in 8003(a)(1) (A) and
(B) and its learning opportunity threshold percentage shall be deemed
to be 100.
(d) For each eligible local educational agency, the calculated
supplemental basic support payment shall be reduced by subtracting the
agency's regular fiscal year 2000 section 8003(b) basic support
payment.
(e) The actual supplemental basic support payment that local
educational agencies receive shall be treated under section 8009 in the
same manner as payments under section 8003(f).
(f) If the sums described in subsections (a)(1) and (2) above are
insufficient to pay in full the calculated supplemental basic support
payments for the local educational agencies identified in those
subsections, the Secretary shall ratably reduce the supplemental basic
support payment to each local educational agency.--
(g) After making payments to all eligible local educational
agencies described in paragraph (1) of subsection (a), the Secretary
shall use any remaining funds from paragraph (1) for making payments to
the eligible local educational agencies described in paragraph (2) of
that subsection.
(h) After making payments to all eligible local educational
agencies described in paragraph (2) of subsection (a), the Secretary
shall use any remaining funds from paragraph (2) for making payments to
the eligible local educational agencies described in paragraph (1) of
subsection (a) if the amount available under paragraph (1) is
insufficient to fully fund all eligible local educational agencies.
(i) After making payments to all eligible local educational
agencies as described in subsections (g) and (h), the Secretary shall
use any remaining funds to increase basic support payments under
section 8003(b) for fiscal year 2000 for all eligible students.
Sec. 306. (a) Section 1204(b)(1)(A) of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 6364(b)(1)(a)) is amended--
(1) in clause (iv), by striking ``and'' after the
semicolon;
(2) by striking clause (v) and adding the following:
``(v) 50 percent in the fifth, sixth, seventh, and eighth
such years; and
``(vi) 35 percent in any subsequent such year.''.
(b) Section 1208(b) of the Elementary and Secondary Education Act
of 1965 is amended--
(1) by striking paragraph (3) and inserting the following:
``(3) Continuing eligibility.--In awarding subgrant funds
to continue a program under this part after the first year, the
State educational agency shall review the progress of each
eligible entity in meeting the goals of the program referred to
in section 1207(c)(1)(A) and shall evaluate the program based
on the indicators of program quality developed by the State
under section 1210.''; and
(2) in paragraph (5)(A), by striking the last sentence.
Sec. 307. Title III of the Departments of Labor, Health and Human
Services, Education, and Related Agencies Appropriations Act, 1999 (as
contained in division A, section 101(f) of the Omnibus Consolidated and
Emergency Supplemental Appropriations Act, 1999 (Public Law 105-277)),
is amended under the heading ``Education Research, Statistics, and
Improvement'' by striking ``at the former LaSalle Academy''.
Sec. 308. The Higher Education Act of 1965 (20 U.S.C. 1001 et seq.)
is amended in Section 458 (a)(1) by striking ``$735,000,000'' and
inserting ``$617,000,000''.
This title may be cited as the ``Department of Education
Appropriations Act, 2000''.
TITLE IV--RELATED AGENCIES
armed forces retirement home
For expenses necessary for the Armed Forces Retirement Home to
operate and maintain the United States Soldiers' and Airmen's Home and
the United States Naval Home, to be paid from funds available in the
Armed Forces Retirement Home Trust Fund, $68,295,000, of which
$12,696,000 shall remain available until expended for construction and
renovation of the physical plants at the United States Soldiers' and
Airmen's Home and the United States Naval Home: Provided, That,
notwithstanding any other provision of law, a single contract or
related contracts for development and construction, to include
construction of a long-term care facility at the United States Naval
Home, may be employed which collectively include the full scope of the
project: Provided further, That the solicitation and contract shall
contain the clause ``availability of funds'' found at 48 CFR 52.232-18
and 252.232-7007, Limitation of Government Obligations.
Corporation for National and Community Service
domestic volunteer service programs, operating expenses
For expenses necessary for the Corporation for National and
Community Service to carry out the provisions of the Domestic Volunteer
Service Act of 1973, as amended, $274,959,000.
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, $340,000,000: Provided, That no funds made available to the
Corporation for Public Broadcasting by this Act shall be used to pay
for receptions, parties, or similar forms of entertainment for
Government officials or employees: Provided further, That none of the
funds contained in this paragraph shall be available or used to aid or
support any program or activity from which any person is excluded, or
is denied benefits, or is discriminated against, on the basis of race,
color, national origin, religion, or sex: Provided further, That in
addition to the amounts provided above, $10,000,000 shall be for
digitalization, only if specifically authorized by subsequent
legislation enacted by September 30, 2000.
Federal Mediation and Conciliation Service
salaries and expenses
For expenses necessary for the Federal Mediation and Conciliation
Service to carry out the functions vested in it by the Labor Management
Relations Act, 1947 (29 U.S.C. 171-180, 182-183), including hire of
passenger motor vehicles; for expenses necessary for the Labor-
Management Cooperation Act of 1978 (29 U.S.C. 175a); and for expenses
necessary for the Service to carry out the functions vested in it by
the Civil Service Reform Act, Public Law 95-454 (5 U.S.C. ch. 71),
$34,620,000, 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 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.), $6,060,000.
Institute of Museum and Library Services
For carrying out subtitle B of the Museum and Library Services Act,
$149,500,000.
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 by Public Law 102-95), $1,000,000.
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,
$2,344,000.
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,
$2,100,000.
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,
$174,661,000: 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: Provided further, That none of the funds made available by
this Act shall be used in any way to promulgate a final rule (altering
29 CFR part 103) regarding single location bargaining units in
representation cases.
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, $8,400,000: Provided, That unobligated
balances at the end of fiscal year 2000 not needed for emergency boards
shall remain available for other statutory purposes through September
30, 2001.
Occupational Safety and Health Review Commission
salaries and expenses
For expenses necessary for the Occupational Safety and Health
Review Commission (29 U.S.C. 661), $8,100,000.
Railroad Retirement Board
dual benefits payments account
For payment to the Dual Benefits Payments Account, authorized under
section 15(d) of the Railroad Retirement Act of 1974, $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,
$21,474,000,000, 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 $5,996,000,000 may be expended,
as authorized by section 201(g)(1) of the Social Security Act, from any
one or all of the trust funds referred to therein: Provided, That not
less than $1,800,000 shall be for the Social Security Advisory Board:
Provided further, That unobligated balances at the end of fiscal year
2000 not needed for fiscal year 2000 shall remain available until
expended to invest in the Social Security Administration computing
network, including related equipment and non-payroll administrative
expenses associated solely with this network: Provided further, That
reimbursement to the trust funds under this heading for expenditures
for official time for employees of the Social Security Administration
pursuant to section 7131 of title 5, United States Code, and for
facilities or support services for labor organizations pursuant to
policies, regulations, or procedures referred to in section 7135(b) of
such title shall be made by the Secretary of the Treasury, with
interest, from amounts in the general fund not otherwise appropriated,
as soon as possible after such expenditures are made.
From funds provided under the previous paragraph, notwithstanding
the provision under this heading in Public Law 105-277 regarding
unobligated balances at the end of fiscal year 1999 not needed for such
fiscal year, an amount not to exceed $50,000,000 from such unobligated
balances shall, in addition to funding already available under this
heading for fiscal year 2000, be available for necessary expenses.
From funds provided under the first paragraph, not less than
$200,000,000 shall be available for conducting continuing disability
reviews.
In addition to funding already available under this heading, and
subject to the same terms and conditions, $405,000,000, to remain
available until September 30, 2001, for continuing disability reviews
as authorized by section 103 of Public Law 104-121 and section 10203 of
Public Law 105-33. The term ``continuing disability reviews'' means
reviews and redeterminations as defined under section 201(g)(1)(A) of
the Social Security Act as amended.
In addition, $80,000,000 to be derived from administration fees in
excess of $5.00 per supplementary payment collected pursuant to section
1616(d) of the Social Security Act or section 212(b)(3) of Public Law
93-66, which shall remain available until expended. To the extent that
the amounts collected pursuant to such section 1616(d) or 212(b)(3) in
fiscal year 2000 exceed $80,000,000, the amounts shall be available in
fiscal year 2001 only to the extent provided in advance in
appropriations Acts.
From amounts previously made available under this heading for a
state-of-the-art computing network, not to exceed $100,000,000 shall be
available for necessary expenses under this heading, subject to the
same terms and conditions.
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, $12,000,000, together with not to exceed $44,000,000, 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, $12,160,000.
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.
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. Except as otherwise specifically provided by law,
unobligated balances remaining available at the end of fiscal year 2000
from appropriations made available for salaries and expenses for fiscal
year 2000 in this Act, shall remain available through December 31,
2000, for each such account for the purposes authorized: Provided, That
the House and Senate Committees on Appropriations shall be notified at
least fifteen days prior to the obligation of such funds.
Sec. 514. None of the funds made available in this Act may be used
to promulgate or adopt any final standard under section 1173(b) of the
Social Security Act (42 U.S.C. 1320d-2(b)) providing for, or providing
for the assignment of, a unique health identifier for an individual
(except in an individual's capacity as an employer or a health care
provider), until legislation is enacted specifically approving the
standard.
TITLE VI--EARLY DETECTION, DIAGNOSIS, AND INTERVENTIONS FOR NEWBORNS
AND INFANTS WITH HEARING LOSS
Sec. 601. (a) Definitions.--For the purposes of this section only,
the following terms in this section are defined as follows:
(1) Hearing screening.--Newborn and infant hearing
screening consists of objective physiologic procedures to
detect possible hearing loss and to identify newborns and
infants who, after rescreening, require further audiologic and
medical evaluations.
(2) Audiologic evaluation.--Audiologic evaluation consists
of procedures to assess the status of the auditory system; to
establish the site of the auditory disorder; the type and
degree of hearing loss, and the potential effects of hearing
loss on communication; and to identify appropriate treatment
and referral options. Referral options should include linkage
to State IDEA part C coordinating agencies or other appropriate
agencies, medical evaluation, hearing aid/sensory aid
assessment, audiologic rehabilitation treatment, national and
local consumer, self-help, parent, and education organizations,
and other family-centered services.
(3) Medical evaluation.--Medical evaluation by a physician
consists of key components including history, examination, and
medical decision making focused on symptomatic and related body
systems for the purpose of diagnosing the etiology of hearing
loss and related physical conditions, and for identifying
appropriate treatment and referral options.
(4) Medical intervention.--Medical intervention is the
process by which a physician provides medical diagnosis and
direction for medical and/or surgical treatment options of
hearing loss and/or related medical disorder associated with
hearing loss.
(5) Audiologic rehabilitation.--Audiologic rehabilitation
(intervention) consists of procedures, techniques, and
technologies to facilitate the receptive and expressive
communication abilities of a child with hearing loss.
(6) Early intervention.--Early intervention (e.g.,
nonmedical) means providing appropriate services for the child
with hearing loss and ensuring that families of the child are
provided comprehensive, consumer-oriented information about the
full range of family support, training, information services,
communication options and are given the opportunity to consider
the full range of educational and program placements and
options for their child.
(b) Purposes.--The purposes of this section are to clarify the
authority within the Public Health Service Act to authorize statewide
newborn and infant hearing screening, evaluation and intervention
programs and systems, technical assistance, a national applied research
program, and interagency and private sector collaboration for policy
development, in order to assist the States in making progress toward
the following goals:
(1) All babies born in hospitals in the United States and
its territories should have a hearing screening before leaving
the birthing facility. Babies born in other countries and
residing in the United States via immigration or adoption
should have a hearing screening as early as possible.
(2) All babies who are not born in hospitals in the United
States and its territories should have a hearing screening
within the first 3 months of life.
(3) Appropriate audiologic and medical evaluations should
be conducted by 3 months for all newborns and infants suspected
of having hearing loss to allow appropriate referral and
provisions for audiologic rehabilitation, medical and early
intervention before the age of 6 months.
(4) All newborn and infant hearing screening programs and
systems should include a component for audiologic
rehabilitation, medical and early intervention options that
ensures linkage to any new and existing statewide systems of
intervention and rehabilitative services for newborns and
infants with hearing loss.
(5) Public policy in regard to newborn and infant hearing
screening and intervention should be based on applied research
and the recognition that newborns, infants, toddlers, and
children who are deaf or hard-of-hearing have unique language,
learning, and communication needs, and should be the result of
consultation with pertinent public and private sectors.
(c) Statewide Newborn and Infant Hearing Screening, Evaluation and
Intervention Programs and Systems.--Under the existing authority of the
Public Health Service Act, the Secretary of Health and Human Services
(in this section referred to as the ``Secretary''), acting through the
Administrator of the Health Resources and Services Administration,
shall make awards of grants or cooperative agreements to develop
statewide newborn and infant hearing screening, evaluation and
intervention programs and systems for the following purposes:
(1) To develop and monitor the efficacy of statewide
newborn and infant hearing screening, evaluation and
intervention programs and systems. Early intervention includes
referral to schools and agencies, including community,
consumer, and parent-based agencies and organizations and other
programs mandated by part C of the Individuals with
Disabilities Education Act, which offer programs specifically
designed to meet the unique language and communication needs of
deaf and hard of hearing newborns, infants, toddlers, and
children.
(2) To collect data on statewide newborn and infant hearing
screening, evaluation and intervention programs and systems
that can be used for applied research, program evaluation and
policy development.
(d) Technical Assistance, Data Management, and Applied Research.--
(1) Centers for disease control and prevention.--Under the
existing authority of the Public Health Service Act, the
Secretary, acting through the Director of the Centers for
Disease Control and Prevention, shall make awards of grants or
cooperative agreements to provide technical assistance to State
agencies to complement an intramural program and to conduct
applied research related to newborn and infant hearing
screening, evaluation and intervention programs and systems.
The program shall develop standardized procedures for data management
and program effectiveness and costs, such as--
(A) to ensure quality monitoring of newborn and
infant hearing loss screening, evaluation, and
intervention programs and systems;
(B) to provide technical assistance on data
collection and management;
(C) to study the costs and effectiveness of newborn
and infant hearing screening, evaluation and
intervention programs and systems conducted by State-
based programs in order to answer issues of importance
to State and national policymakers;
(D) to identify the causes and risk factors for
congenital hearing loss;
(E) to study the effectiveness of newborn and
infant hearing screening, audiologic and medical
evaluations and intervention programs and systems by
assessing the health, intellectual and social
developmental, cognitive, and language status of these
children at school age; and
(F) to promote the sharing of data regarding early
hearing loss with state-based birth defects and
developmental disabilities monitoring programs for the
purpose of identifying previously unknown causes of
hearing loss.
(2) National institutes of health.--Under the existing
authority of the Public Health Service Act, the Director of the
National Institutes of Health, acting through the Director of
the National Institute on Deafness and Other Communication
Disorders, shall for purposes of this section, continue a
program of research and development on the efficacy of new
screening techniques and technology, including clinical studies
of screening methods, studies on efficacy of intervention, and
related research.
(e) Coordination and Collaboration.--
(1) In general.--Under the existing authority of the Public
Health Service Act, in carrying out programs under this
section, the Administrator of the Health Resources and Services
Administration, the Director of the Centers for Disease Control
and Prevention, and the Director of the National Institutes of
Health shall collaborate and consult with other Federal
agencies; State and local agencies, including those responsible
for early intervention services pursuant to title XIX of the
Social Security Act (Medicaid Early and Periodic Screening,
Diagnosis and Treatment Program); title XXI of the Social
Security Act (State Children's Health Insurance Program); title
V of the Social Security Act (Maternal and Child Health Block
Grant Program); and part C of the Individuals with Disabilities
Education Act; consumer groups of and that serve individuals
who are deaf and hard-of-hearing and their families;
appropriate national medical and other health and education
specialty organizations; persons who are deaf and hard-of-
hearing and their families; other qualified professional
personnel who are proficient in deaf or hard-of-hearing
children's language and who possess the specialized knowledge,
skills, and attributes needed to serve deaf and hard-of-hearing
newborns, infants, toddlers, children, and their families;
third-party payers and managed care organizations; and related
commercial industries.
(2) Policy development.--Under the existing authority of
the Public Health Service Act, the Administrator of the Health
Resources and Services Administration, the Director of the
Centers for Disease Control and Prevention, and the Director of
the National Institutes of Health shall coordinate and
collaborate on recommendations for policy development at the
Federal and State levels and with the private sector, including
consumer, medical and other health and education professional-
based organizations, with respect to newborn and infant hearing
screening, evaluation and intervention programs and systems.
(3) State early detection, diagnosis, and intervention
programs and systems; data collection.--Under the existing
authority of the Public Health Service Act, the Administrator
of the Health Resources and Services Administration and the
Director of the Centers for Disease Control and Prevention
shall coordinate and collaborate in assisting States to
establish newborn and infant hearing screening, evaluation and
intervention programs and systems under subsection (c) and to
develop a data collection system under subsection (d).
(f) Rule of Construction.--Nothing in this section shall be
construed to preempt any State law.
(g) Authorization of Appropriations.--
(1) Statewide newborn and infant hearing screening,
evaluation and intervention programs and systems.--For the
purpose of carrying out subsection (c) under the existing
authority of the Public Health Service Act, there are
authorized to the Health Resources and Services Administration
appropriations in the amount of $5,000,000 for fiscal year
2000, $8,000,000 for fiscal year 2001, and such sums as may be
necessary for fiscal year 2002.
(2) Technical assistance, data management, and applied
research; centers for disease control and prevention.--For the
purpose of carrying out subsection (d)(1) under the existing
authority of the Public Health Service Act, there are
authorized to the Centers for Disease Control and Prevention,
appropriations in the amount of $5,000,000 for fiscal year
2000, $7,000,000 for fiscal year 2001, and such sums as may be
necessary for fiscal year 2002.
(3) Technical assistance, data management, and applied
research; national institute on deafness and other
communication disorders.--For the purpose of carrying out
subsection (d)(2) under the existing authority of the Public
Health Service Act, there are authorized to the National
Institute on Deafness and Other Communication Disorders
appropriations for such sums as may be necessary for each of
the fiscal years 2000 through 2002.
TITLE VII--CHILD PROTECTION ACT OF 1999
Sec. 701. This title may be cited as the ``Child Protection Act of
1999''.
Sec. 702. (a) Computer Software Installation Required.--Any
elementary or secondary school or public library that has received
under any program or activity of any Federal agency any funds for the
acquisition or operation of any computer that is accessible to minors
and that has access to the Internet shall--
(1) install software on that computer that is determined
(in accordance with subsection (b)) to be adequately designed
to prevent minors from obtaining access to any obscene
information or child pornography using that computer; and
(2) ensure that such software is operational whenever that
computer is used by minors, except that such software's
operation may be temporarily interrupted to permit a minor to
have access to information that is not obscene, is not child
pornography, or is otherwise unprotected by the Constitution
under the direct supervision of an adult designated by such
school or library.
(b) Determination of Adequate Design.--For any elementary or
secondary school or public library within the jurisdiction of any
State, the determinations required for purposes of subsection (a)(1)
shall be made by an agency or official designated by the chief
executive officer of such State. For any elementary or secondary school
or public library that is not within the jurisdiction of any State, the
determinations required for purposes of subsection (a)(1) shall be made
by the Secretary of Education.
(c) Consequences of Violations.--
(1) Use of general education provisions act remedies.--
Whenever the head of any Federal agency has reason to believe
that any recipient of funds under any program or activity is
failing to comply substantially with the requirements of
subsection (a), the head of such agency may--
(A) withhold further payments under that program or
activity,
(B) issue a complaint to compel compliance through
a cease and desist order, or
(C) enter into a compliance agreement with a
recipient to bring it into compliance,
in same manner as the Secretary of Education is authorized to
take such actions under sections 455, 456, and 457,
respectively, of the General Education Provisions Act (20
U.S.C. 1234d).
(2) Recovery of funds prohibited.--The actions authorized
by paragraph (1) are the exclusive remedies available with
respect to a violation of subsection (a), and the head of any
Federal agency shall not seek a recovery of funds from the
recipient.
(d) Definitions.--For purposes of this section:
(1) Elementary or secondary school.--The term ``elementary
or secondary school'' means an elementary school or a secondary
school as such terms are defined in section 14101 of the
Elementary and Secondary Education Act of 1965 (20 U.S.C.
8801).
(2) Public library.--The term ``public library'' has the
meaning given the term ``library'' by section 213 of the
Library Services and Technology Act (20 U.S.C. 9122).
(3) Computer.--The term ``computer'' includes any hardware,
software, or other technology attached or connected to,
installed in, or otherwise used in connection with a computer.
(4) Access to internet.--A computer shall be considered to
have access to the Internet if such computer is equipped with a
modem or is connected to a computer network which has access to
the Internet.
(5) Acquisition or operation.--An elementary or secondary
school or public library shall be considered to have received
under a program or activity of any Federal agency any funds for
the acquisition or operation of any computer if such funds are
used in any manner, directly or indirectly--
(A) to purchase, lease, or otherwise acquire or
obtain the use of such computer, or
(B) to obtain services, supplies, software, or
other actions or materials to support, or in connection
with, the operation of such computer.
(6) Federal agency.--The term ``Federal agency'' has the
meaning given the term ``agency'' by section 551(1) of title 5,
United States Code.
(7) State.--The term ``State'' means each of the 50 States,
the District of Columbia, the Commonwealth of Puerto Rico, the
Virgin Islands, Guam, American Samoa, the Commonwealth of the
Northern Mariana Islands, the Republic of the Marshall Islands,
the Federated States of Micronesia, and the Republic of Palau.
(8) Child pornography.--The term ``child pornography'' has
the meaning provided in section 2256(8) of title 18, United
States Code.
TITLE VIII--INFLATION ADJUSTMENTS TO MANDATORY JURISDICTION THRESHOLDS
OF NATIONAL LABOR RELATIONS BOARD
Sec. 801. Section 14(c)(1) of the National Labor Relations Act (29
U.S.C. 164(c)(1)) is amended to read as follows:
``(c)(1)(A) Mandatory Jurisdiction.--The Board shall assert
jurisdiction over any labor dispute involving any class or category of
employers over which it would assert jurisdiction under the standards
prevailing on August 1, 1959, with the financial threshold amounts
adjusted for inflation under subparagraph (B).
``(B) Inflation Adjustments.--The Board, beginning on October 1,
1999, and not less often than every 5 years thereafter, shall adjust
each of the financial threshold amounts referred to in subparagraph (A)
for inflation, using as the base period the later of (i) the most
recent calendar quarter ending before the financial threshold amount
was established, or (ii) the calendar quarter ending June 30, 1959. The
inflation adjustments shall be determined using changes in the Consumer
Price Index for all urban consumers published by the Department of
Labor and shall be rounded to the nearest $10,000. The Board shall
prescribe any regulations necessary for making the inflation
adjustments.''.
TITLE IX--MISCELLANEOUS PROVISIONS
SEC. 901. INSTALLMENT PAYMENTS OF EARNED INCOME CREDIT REFUNDS;
TERMINATION OF ADVANCE PAYMENTS OF EARNED INCOME CREDIT.
(a) Installment Payments of Earned Income Credit Refunds.--
(1) In general.--Section 6402 of the Internal Revenue Code
of 1986 (relating to authority to make credits or refunds) is
amended by adding at the end the following new subsection:
``(l) Installment Payments of Earned Income Credit Refunds.--
``(1) In general.--Earned income credit refunds shall be
paid in 12 substantially equal installments with--
``(A) the first installment payable without regard
to this subsection,
``(B) the second installment payable not later than
the 90th day after the first installment is paid, and
``(C) the remaining installments payable at monthly
intervals over the 10 months following the month in
which the second installment is paid.
``(2) Earned income credit refunds.--For purposes of this
subsection, the term `earned income credit refund' means, with
respect to any taxable year, the lesser of--
``(A) the credit allowed by section 32 for such
year (determined without regard to section 32(n)), or
``(B) the overpayment for such year determined
after the reductions under subsections (c), (d), and
(e) and without regard to the credit under section 31.
``(3) Exception if earned income credit refund is $600 or
less.--Paragraph (1) shall not apply to any earned income
credit refund which does not exceed $600 for the taxable year.
``(4) Interest.--Notwithstanding any other provision of
this title, interest shall not be allowed or paid on--
``(A) any earned income credit refund payable in
installments under this subsection, or
``(B) any such installment under this subsection
which is paid within 45 days after the due date for the
payment of such installment.''
(2) Conforming amendment.--Subsection (a) of section 6402
of such Code is amended by striking ``(c) and (d)'' and
inserting ``(c), (d), and (l)''.
(b) Termination of Advance Payments of Earned Income Credit.--
Section 3507 of such Code is amended by adding at the end the following
new subsection:
``(g) Termination.--
``(1) In general.--This section shall not apply after
September 30, 1999.
``(2) Exception for certificates in effect.--Paragraph (1)
shall not apply to earned income eligibility certificates in
effect on September 30, 1999, and to renewals of such
certificates which are so in effect.''
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 1998.
Sec. 902. The General Accounting Office is directed to conduct a
study of the impact on EITC recipients with respect to a disbursement
over 12 months versus the current one-time, lump-sum, payment.
SEC. 903. CLARIFICATION OF REQUIREMENT FOR ORIGINATION FEES.
Section 455(c) of the Higher Education Act of 1965 (20 U.S.C.
1087e(c)) is amended--
(1) by striking ``The Secretary shall'' and inserting
``Notwithstanding subsection (a)(1), the Secretary shall''; and
(2) by adding at the end the following: ``For purposes of
subsection (a)(1), this subsection is one of many provisions of
this part that specifies a term, condition, or benefit of a
loan under this part that is different than the terms,
conditions, and benefits of loans made to borrowers under
sections 428, 428B, and 428H of this title.''.
Sec. 904. Mutual Mortgage Insurance Fund Premiums.--Section
203(c)(2)(A) of the National Housing Act (12 U.S.C. 1709(c)) is amended
by adding at the end the following new sentence: ``Notwithstanding any
other provision of this section or section 205, in the case of a
mortgage executed after the date of the enactment of this sentence, the
entire premium charge collected pursuant to this subparagraph shall be
considered to be earned by the Secretary at the time of insurance, and
no portion of the premium charge collected may be refunded to the
mortgagor as unearned.''.
TITLE X--DISASTER RELIEF FOR FARMERS
AGRICULTURAL PROGRAMS
Commodity Credit Corporation
disaster assistance
From funds of the Commodity Credit Corporation, $508,000,000 shall
be available to the Secretary of Agriculture to provide assistance to
producers for crop and livestock losses incurred as a result of the
hurricanes, and the flooding associated with the hurricanes, that
struck the eastern United States in August and September 1999:
Provided, That, of the entire amount made available, $494,000,000 shall
be available for crop loss assistance to such producers, which shall be
provided in the same manner as the Secretary provided assistance under
section 1102(b) of the Agriculture, Rural Development, Food and Drug
Administration, and Related Agencies Appropriations Act, 1999 (7 U.S.C.
1421 note; Public Law 105-277): Provided further, That, of the entire
amount made available, $14,000,000 shall be available to provide
assistance, in a manner determined appropriate by the Secretary, to
such producers for livestock losses: Provided further, That the entire
amount made available under this paragraph is designated by Congress as
an emergency requirement pursuant to section 251(b)(2)(A) of the
Balanced Budget and Emergency Deficit Control Act of 1985, and that the
entire amount shall be available only to the extent an official budget
request for the entire amount, that includes designation of the entire
amount as an emergency requirement pursuant to the Balanced Budget and
Emergency Deficit Control Act of 1985, is transmitted by the President
to the Congress.
This Act may be cited as the ``Departments of Labor, Health and
Human Services, and Education, and Related Agencies Appropriations Act,
2000''.
Union Calendar No. 211
106th CONGRESS
1st Session
H. R. 3037
[Report No. 106-370]
_______________________________________________________________________
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.
_______________________________________________________________________
October 7, 1999
Reported from the Committee on Appropriations, committed to the
Committee of the Whole House on the State of the Union, and ordered to
be printed
Introduced in House
The House Committee on Appropriations reported an original measure, H. Rept. 106-370, by Mr. Porter.
The House Committee on Appropriations reported an original measure, H. Rept. 106-370, by Mr. Porter.
Placed on the Union Calendar, Calendar No. 211.
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