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to comment on such request has been provided to the orga-
nizations identified in section 105(a)(1) of the Job Train-
ing Partnership Act, if and only to the extent that the
Secretary determines that such requirements impede the
ability of the State to implement a plan to improve the
workforce development system and the State has executed
a Memorandum of Understanding with the Secretary re-
quiring such State to meet agreed upon outcomes and im-
plement other appropriate measures to ensure accountabil-
ity.
Of the funds made available beginning on October 1,
1998 under this heading in Public Law 105–78 for Oppor-
tunity Areas of Out-of-School Youth, $250,000,000 are
rescinded.
COMMUNITY SERVICE EMPLOYMENT FOR OLDER
AMERICANS
To carry out the activities for national grants or con-
tracts 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 au-
thorized, $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.
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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 reloca-
tion, and related State administrative expenses under part
II, subchapters B and D, chapter 2, title II of the Trade
Act of 1974, as amended, $360,700,000, together with
such amounts as may be necessary to be charged to the
subsequent appropriation for payments for any period sub-
sequent to September 15 of the current year.
STATE UNEMPLOYMENT INSURANCE AND EMPLOYMENT
SERVICE OPERATIONS
For 
authorized 
administrative 
expenses,
$152,097,000, 
together 
with 
not 
to 
exceed
$3,122,476,000 (including not to exceed $1,228,000
which may be used for amortization payments to States
which had independent retirement plans in their State em-
ployment 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, section 461 of the Job Training Partnership
Act, the Immigration Act of 1990, and the Immigration
and Nationality Act, as amended, and of which the sums
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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 nec-
essary administrative expenses for carrying out 5 U.S.C.
8501–8523, shall be available for obligation by the States
through December 31, 1999, except that funds used for
automation acquisitions shall be available for obligation by
the States through September 30, 2001; and of which
$152,097,000, together with not to exceed $746,138,000
of the amount which may be expended from said trust
fund, shall be available for obligation for the period July
1, 1999 through June 30, 2000, 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 pur-
pose, and of which $196,333,000 shall be available only
to the extent necessary for additional State allocations to
administer unemployment compensation laws to finance
increases in the number of unemployment insurance
claims filed and claims paid or changes in a State law:
Provided, That to the extent that the Average Weekly In-
sured Unemployment (AWIU) for fiscal year 1999 is pro-
jected by the Department of Labor to exceed 2,629,000,
an additional $28,600,000 shall be available for obligation
for every 100,000 increase in the AWIU level (including
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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 obli-
gated 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 Sep-
tember 30, 2000, $357,000,000.
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In addition, for making repayable advances to the
Black Lung Disability Trust Fund in the current fiscal
year after September 15, 1999, 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 train-
ing programs, $93,995,000, including $6,360,000 to sup-
port up to 75 full-time equivalent staff, the majority of
which will be term Federal appointments lasting no more
than two years, to administer welfare-to-work grants, to-
gether with not to exceed $43,716,000, which may be ex-
pended from the Employment Security Administration ac-
count in the Unemployment Trust Fund.
PENSION AND WELFARE BENEFITS ADMINISTRATION
SALARIES AND EXPENSES
For necessary expenses for the Pension and Welfare
Benefits Administration, $86,159,000.
PENSION BENEFIT GUARANTY CORPORATION
PENSION BENEFIT GUARANTY CORPORATION FUND
The Pension Benefit Guaranty Corporation is author-
ized to make such expenditures, including financial assist-
ance 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
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year limitations as provided by section 104 of the Govern-
ment Corporation Control Act, as amended (31 U.S.C.
9104), as may be necessary in carrying out the program
through September 30, 1999, for such Corporation: Pro-
vided, 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 consid-
ered as non-administrative expenses for the purposes here-
of, and excluded from the above limitation.
EMPLOYMENT STANDARDS ADMINISTRATION
SALARIES AND EXPENSES
For necessary expenses for the Employment Stand-
ards Administration, including reimbursement to State,
Federal, and local agencies and their employees for inspec-
tion services rendered, $310,409,000, 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: Pro-
vided, That $1,500,000 shall be for the development of
an alternative system for the electronic submission of re-
ports as required to be filed under the Labor-Management
Reporting and Disclosure Act of 1959, as amended, and
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for a computer database of the information for each sub-
mission 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, re-
tain, and spend, until expended, in the name of the De-
partment 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 fur-
ther, That the Secretary of Labor is authorized to estab-
lish 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 ex-
penses (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 ben-
efits as provided for under the head ‘‘Civilian War Bene-
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fits’’ in the Federal Security Agency Appropriation Act,
1947; the Employees’ Compensation Commission Appro-
priation Act, 1944; sections 4(c) and 5(f) of the War
Claims Act of 1948 (50 U.S.C. App. 2012); and 50 per-
cent of the additional compensation and benefits required
by section 10(h) of the Longshore and Harbor Workers’
Compensation Act, as amended, $179,000,000 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 subse-
quent 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 re-
imbursements unobligated on September 30, 1998, shall
remain available until expended for the payment of com-
pensation, 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
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of such fair share entities through September 30, 1999:
Provided further, That of those funds transferred to this
account from the fair share entities to pay the cost of ad-
ministration, $20,250,000 shall be made available to the
Secretary as follows: for the operation of and enhancement
to the automated data processing systems in support of
Federal Employees’ Compensation Act administration,
$11,969,000; for expenditures relating to the expansion
of the periodic roll management project, $6,652,000; for
the 
financial 
management 
improvement 
project,
$1,629,000; 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, $1,021,000,000, of which $969,725,000 shall be
available until September 30, 2000, 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
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9501(c)(2) of that Act, and of which $30,191,000 shall
be available for transfer to Employment Standards Ad-
ministration, Salaries and Expenses, $20,422,000 for
transfer to Departmental Management, Salaries and Ex-
penses, $306,000 for transfer to Departmental Manage-
ment, Office of Inspector General, and $356,000 for pay-
ment into miscellaneous receipts for the expenses of the
Department of Treasury, for expenses of operation and
administration of the Black Lung Benefits program as au-
thorized by section 9501(d)(5)(A) 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, $336,678,000, including not
to exceed $77,941,000 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 occu-
pational safety and health programs required to be in-
curred under plans approved by the Secretary under sec-
tion 18 of the Occupational Safety and Health Act of
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1970, and including not less than $300,000 which shall
be for peer review of safety and health standards; and,
in addition, notwithstanding 31 U.S.C. 3302, the Occupa-
tional Safety and Health Administration may retain up
to $750,000 per fiscal year of training institute course tui-
tion fees, otherwise authorized by law to be collected, and
may utilize such sums for occupational safety and health
training and education grants: Provided, That, notwith-
standing 31 U.S.C. 3302, the Secretary of Labor is au-
thorized, during the fiscal year ending September 30,
1999, to collect and retain fees for services provided to
Nationally Recognized Testing Laboratories, and may uti-
lize such sums, in accordance with the provisions of 29
U.S.C. 9a, to administer national and international lab-
oratory 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 employ-
ees: Provided further, That no funds appropriated under
this paragraph shall be obligated or expended to admin-
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ister 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 Stand-
ard 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, con-
sultation, technical assistance, educational and train-
ing services, and to conduct surveys and studies;
(2) to conduct an inspection or investigation in
response to an employee complaint, to issue a cita-
tion for violations found during such inspection, and
to assess a penalty for violations which are not cor-
rected 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
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which is fatal to one or more employees or which re-
sults in hospitalization of two or more employees,
and to take any action pursuant to such investiga-
tion 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: Pro-
vided further, That the foregoing proviso shall not
apply to any person who is engaged in a farming op-
eration 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, $203,397,000, including purchase
and bestowal of certificates and trophies in connection
with mine rescue and first-aid work, and the hire of pas-
senger motor vehicles; and, in addition, 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 heath edu-
cation and training activities, notwithstanding 31 U.S.C.
3302; the Secretary is authorized to accept lands, build-
ings, equipment, and other contributions from public and
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private sources and to prosecute projects in cooperation
with other agencies, Federal, State, or private; the Mine
Safety and Health Administration is authorized to pro-
mote health and safety education and training in the min-
ing 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 sur-
vival 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.
BUREAU OF LABOR STATISTICS
SALARIES AND EXPENSES
For necessary expenses for the Bureau of Labor Sta-
tistics, including advances or reimbursements to State,
Federal, and local agencies and their employees for serv-
ices rendered, $344,724,000, of which $11,159,000 shall
be for expenses of revising the Consumer Price Index and
shall remain available until September 30, 2000, together
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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 Manage-
ment, including the hire of three sedans, and including
up to $4,679,000 for the President’s Committee on Em-
ployment of People With Disabilities, $163,471,000; to-
gether with not to exceed $299,000, which may be ex-
pended from the Employment Security Administration ac-
count 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 Bene-
fits 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 Ship-
building, 115 S. Ct. 1278 (1995): 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
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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 that date, 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
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 Un-
employment Trust Fund to carry out the provisions of 38
U.S.C. 4100–4110A and 4321–4327, and Public Law
103–353, and which shall be available for obligation by
the States through December 31, 1999.
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, $42,627,000, together
with not to exceed $3,645,000, which may be expended
from the Employment Security Administration account in
the Unemployment Trust Fund.
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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 $125,000.
(TRANSFER OF FUNDS)
SEC. 102. Not to exceed 1 percent of any discre-
tionary funds (pursuant to the Balanced Budget and
Emergency Deficit Control Act, as amended) which are
appropriated for the current fiscal year for the Depart-
ment of Labor in this Act may be transferred between ap-
propriations, 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. Funds shall be available for carrying out
title IV–B of the Job Training Partnership Act, notwith-
standing section 427(c) of that Act, if a Job Corps center
fails to meet national performance standards established
by the Secretary.
SEC. 104. (a) GENERAL RULE.—Whenever the Sec-
retary of Labor determines that a standard should be pro-
mulgated under section 6(b) of the Occupational Safety
and Health Act of 1970, the Secretary shall, in order to
serve the objectives of such Act and in lieu of the authority
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of the Secretary to appoint an advisory committee de-
scribed in section 6(b)(1) of such Act, appoint a panel of
individuals to review the scientific and economic data
which forms the basis for such standard.
(b) PANEL.—A panel appointed under subsection (a)
shall be balanced in terms of the points of view rep-
resented and shall consist of persons who are able to give
independent judgment and who have expertise in scientific
or economic analysis related to the matter which is the
subject of the standard. An individual with a financial in-
terest in the outcome of the standard may be included as
a member of the panel if such individual fully discloses
such interest to the Secretary.
(c) REPORTS.—Reports of the panel shall be submit-
ted to the Secretary prior to publication of any final rule
promulgating a standard and shall be published together
with any such final rule. The Secretary shall provide a
written response to all significant comments of the panel
and shall include such responses with the final rule to
which the reports of the panel are attached.
(d) NEGOTIATED RULEMAKING.—The requirement of
subsection (a) shall not apply when the rule is completed
through negotiated rulemaking under subchapter III of
chapter 5 of title 5, United States Code.
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(e) ERGONOMICS.—None of the provisions of this sec-
tion shall apply to any standard on ergonomics.
SEC. 105. (a) None of the funds appropriated in this
or any other Act may be used to implement any final rules
altering the regulations Implementing the Federal Coal
Mine Health and Safety Act of 1969 (20 CFR Part 718,
et seq.) until the Office of Advocacy of the Small Business
Administration and the Office of Information and Regu-
latory Affairs of the Office of Management and Budget
have certified to the Congress that such rules comply with
chapter 6 of title 5, United States Code (relating to regu-
latory flexibility) and the Small Business Regulatory En-
forcement Fairness Act of 1996.
(b) After a certification is made pursuant to sub-
section (a), the Department of Labor shall permit the sub-
mission of public comments on the proposed rules for an
additional 60 days beginning on the date of the certifi-
cation.
This title may be cited as the ‘‘Department of Labor
Appropriations Act, 1999’’.
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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 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,
$3,888,522,000, 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: Provided, That the Divi-
sion of Federal Occupational Health may utilize personal
services contracting to employ professional management/
administrative and occupational health professionals: Pro-
vided 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 Dis-
ease Center: Provided further, That in addition to fees au-
thorized by section 427(b) of the Health Care Quality Im-
provement Act of 1986, fees shall be collected for the full
disclosure of information under the Act sufficient to re-
cover the full costs of operating the National Practitioner
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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, $202,903,000 shall be
for the program under title X of the Public Health Service
Act to provide for voluntary family planning projects: Pro-
vided 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 (in-
cluding 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 $385,500,000 shall be for State
AIDS Drug Assistance Programs authorized by section
2616 of the Public Health Service Act: Provided further,
That notwithstanding any other provision of law, funds
made available under this heading may be used to con-
tinue operating the Council on Graduate Medical Edu-
cation established by section 301 of Public Law 102–408:
Provided further, That, notwithstanding section 502(a)(1)
of the Social Security Act, not to exceed $103,863,000 is
available for carrying out special projects of regional and
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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, to-
gether with any amounts received by the Secretary in con-
nection with loans and loan guarantees under title VI of
the Public Health Service Act, to be available without fis-
cal 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 pur-
pose of the program, as authorized by Title VII of the
Public Health Service Act, as amended. For administra-
tive 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:
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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, and
XIX 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; in-
cluding insurance of official motor vehicles in foreign
countries; and hire, maintenance, and operation of air-
craft, $2,540,433,000, of which $12,800,000 shall remain
available until expended for equipment and construction
and renovation of facilities, and in addition, such sums
as may be derived from authorized user fees, which shall
be credited to this account: Provided, That in addition to
amounts provided herein, up to $59,232,000 shall be
available from amounts available under section 241 of the
Public Health Service Act, to carry out the National Cen-
ter for Health Statistics surveys: Provided further, That
$51,000,000 shall be for a civilian stockpile of antidotes,
antibiotics, and vaccines: Provided further, That none of
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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 fur-
ther, 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 Direc-
tor 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 Vio-
lent Crime Reduction Trust Fund, for carrying out sec-
tions 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 Pub-
lic 
Health 
Service 
Act 
with 
respect 
to 
cancer,
$2,787,830,000.
NATIONAL HEART, LUNG, AND BLOOD INSTITUTE
For carrying out section 301 and title IV of the Pub-
lic Health Service Act with respect to cardiovascular, lung,
and blood diseases, and blood and blood products,
$1,720,344,000.
NATIONAL INSTITUTE OF DENTAL AND CRANIOFACIAL
RESEARCH
For carrying out section 301 and title IV of the Pub-
lic Health Service Act with respect to dental disease,
$228,961,000.
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NATIONAL INSTITUTE OF DIABETES AND DIGESTIVE AND
KIDNEY DISEASES
For carrying out section 301 and title IV of the Pub-
lic Health Service Act with respect to diabetes and diges-
tive and kidney disease, $951,203,000.
NATIONAL INSTITUTE OF NEUROLOGICAL DISORDERS
AND STROKE
For carrying out section 301 and title IV of the Pub-
lic Health Service Act with respect to neurological dis-
orders and stroke, $851,066,000.
NATIONAL INSTITUTE OF ALLERGY AND INFECTIOUS
DISEASES
For carrying out section 301 and title IV of the Pub-
lic Health Service Act with respect to allergy and infec-
tious diseases, $1,470,460,000.
NATIONAL INSTITUTE OF GENERAL MEDICAL SCIENCES
For carrying out section 301 and title IV of the Pub-
lic Health Service Act with respect to general medical
sciences, $1,150,840,000.
NATIONAL INSTITUTE OF CHILD HEALTH AND HUMAN
DEVELOPMENT
For carrying out section 301 and title IV of the Pub-
lic Health Service Act with respect to child health and
human development, $728,817,000.
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NATIONAL EYE INSTITUTE
For carrying out section 301 and title IV of the Pub-
lic Health Service Act with respect to eye diseases and
visual disorders, $383,447,000.
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 environ-
mental health sciences, $356,047,000.
NATIONAL INSTITUTE ON AGING
For carrying out section 301 and title IV of the Pub-
lic 
Health 
Service 
Act 
with 
respect 
to 
aging,
$565,574,000.
NATIONAL INSTITUTE OF ARTHRITIS AND
MUSCULOSKELETAL AND SKIN DISEASES
For carrying out section 301 and title IV of the Pub-
lic Health Service Act with respect to arthritis and mus-
culoskeletal and skin diseases, $296,668,000.
NATIONAL INSTITUTE ON DEAFNESS AND OTHER
COMMUNICATION DISORDERS
For carrying out section 301 and title IV of the Pub-
lic Health Service Act with respect to deafness and other
communication disorders, $216,995,000.
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NATIONAL INSTITUTE OF NURSING RESEARCH
For carrying out section 301 and title IV of the Pub-
lic Health Service Act with respect to nursing research,
$68,198,000.
NATIONAL INSTITUTE ON ALCOHOL ABUSE AND
ALCOHOLISM
For carrying out section 301 and title IV of the Pub-
lic Health Service Act with respect to alcohol abuse and
alcoholism, $248,778,000.
NATIONAL INSTITUTE ON DRUG ABUSE
For carrying out section 301 and title IV of the Pub-
lic Health Service Act with respect to drug abuse,
$575,426,000.
NATIONAL INSTITUTE OF MENTAL HEALTH
For carrying out section 301 and title IV of the Pub-
lic Health Service Act with respect to mental health,
$815,707,000.
NATIONAL HUMAN GENOME RESEARCH INSTITUTE
For carrying out section 301 and title IV of the Pub-
lic Health Service Act with respect to human genome re-
search, $246,111,000.
NATIONAL CENTER FOR RESEARCH RESOURCES
For carrying out section 301 and title IV of the Pub-
lic Health Service Act with respect to research resources
and general research support grants, $513,948,000: Pro-
vided, That none of these funds shall be used to pay recipi-
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ents of the general research support grants program any
amount for indirect expenses in connection with such
grants: Provided further, That $20,000,000 shall be for
extramural facilities construction grants.
JOHN E. FOGARTY INTERNATIONAL CENTER
For carrying out the activities at the John E.
Fogarty International Center, $30,367,000.
NATIONAL LIBRARY OF MEDICINE
For carrying out section 301 and title IV of the Pub-
lic Health Service Act with respect to health information
communications, $176,492,000, of which $4,000,000 shall
be available until expended for improvement of informa-
tion systems: Provided, That in fiscal year 1999, the Li-
brary may enter into personal services contracts for the
provision of services in facilities owned, operated, or con-
structed under the jurisdiction of the National Institutes
of Health.
OFFICE OF THE DIRECTOR
(INCLUDING TRANSFER OF FUNDS)
For carrying out the responsibilities of the Office of
the Director, National Institutes of Health, $254,145,000,
of which $41,752,000 shall be for the Office of AIDS Re-
search: Provided, That funding shall be available for the
purchase of not to exceed twenty-nine passenger motor ve-
hicles for replacement only: Provided further, That the Di-
rector may direct up to 1 percent of the total amount
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made available in this or any other Act to all National
Institutes of Health appropriations to activities the Direc-
tor may so designate: Provided further, That no such ap-
propriation shall be decreased by more than 1 percent by
any such transfers and that the Congress is promptly noti-
fied of the transfer: Provided further, That NIH is author-
ized 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 cred-
ited to the National Institutes of Health Management
Fund: Provided further, That all funds credited to the
NIH Management Fund shall remain available for one fis-
cal 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 National Foundation for Biomedical Research 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 Insti-
tutes of Health, including the acquisition of real property,
$224,599,000, to remain available until expended, of
which $90,000,000 shall be for the clinical research center
and $9,143,000 shall be for the Vaccine Facility: Provided,
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That notwithstanding any other provision of law, a single
contract or related contracts for the development and con-
struction of the clinical research center may be employed
which collectively include the full scope of the project: Pro-
vided further, That the solicitation and contract shall con-
tain the clause ‘‘availability of funds’’ found at 48 CFR
52.232–18.
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, $2,418,005,000, of which $10,000,000 shall
be for grants to rural and Native American projects.
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 De-
pendents’ Medical Care Act (10 U.S.C. ch. 55), and for
payments pursuant to section 229(b) of the Social Secu-
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rity Act (42 U.S.C. 429(b)), such amounts as may be re-
quired during the current fiscal year.
AGENCY FOR HEALTH CARE POLICY AND RESEARCH
HEALTH CARE POLICY AND RESEARCH
For carrying out titles III and IX of the Public
Health Service Act, and part A of title XI of the Social
Security Act, $100,408,000; 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 avail-
able 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, $74,593,733,000,
to remain available until expended.
For making, after May 31, 1999, payments to States
under title XIX of the Social Security Act for the last
quarter of fiscal year 1999 for unanticipated costs, in-
curred for the current fiscal year, such sums as may be
necessary.
For making payments to States under title XIX of
the Social Security Act for the first quarter of fiscal year
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2000, $28,733,605,000, to remain available until ex-
pended.
Payment under title XIX may be made for any quar-
ter 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 So-
cial Security Amendments of 1965, section 278(d) of Pub-
lic Law 97–248, and for administrative expenses incurred
pursuant to section 201(g) of the Social Security Act,
$62,953,000,000.
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 $1,942,500,000 to be transferred
from the Federal Hospital Insurance and the Federal Sup-
plementary 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 col-
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lected 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 avail-
able until expended: Provided, That all funds derived in
accordance with 31 U.S.C. 9701 from organizations estab-
lished under title XIII of the Public Health Service Act
shall be credited to and available for carrying out the pur-
poses of this appropriation: Provided further, That
$600,000 shall be for carrying out section 4021 of Public
Law 105–33: Provided further, That in carrying out its
legislative mandate, the National Bipartisan Commission
on the Future of Medicare shall examine the impact of
increased investments in health research on future Medi-
care costs, and the potential for coordinating Medicare
with cost-effective long-term care services: Provided fur-
ther, That $45,000,000 appropriated under this heading
for the transition to a single Part A and Part B processing
system shall remain available until expended: Provided
further, That funds appropriated under this heading may
be obligated to increase Medicare provider audits and im-
plement the Department’s corrective action plan to the
Chief Financial Officer’s audit of the Health Care Financ-
ing Administration’s oversight of Medicare: Provided fur-
ther, That the Secretary of Health and Human Services
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is directed to collect, in aggregate, $95,000,000 in fees
in fiscal year 1999 from Medicare + Choice organizations
pursuant to section 1857(e)(2) of the Social Security Act
and from eligible organizations with risk-sharing contracts
under section 1876 of that Act pursuant to section
1876(k)(4)(D) of that Act.
HEALTH MAINTENANCE ORGANIZATION LOAN AND LOAN
GUARANTEE FUND
For carrying out subsections (d) and (e) of section
1308 of the Public Health Service Act, any amounts re-
ceived by the Secretary in connection with loans and loan
guarantees under title XIII of the Public Health Service
Act, to be available without fiscal year limitation for the
payment of outstanding obligations. During fiscal year
1999, no commitments for direct loans or loan guarantees
shall be made.
ADMINISTRATION FOR CHILDREN AND FAMILIES
FAMILY SUPPORT PAYMENTS TO STATES
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), to remain available until expended,
$1,989,000,000; and for such purposes for the first quar-
ter of fiscal year 2000, $750,000,000.
For making, after May 31 of the current fiscal year,
payments to States or other non-Federal entities under
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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
(INCLUDING RESCISSION)
Of the funds made available beginning on October 1,
1998 under this heading in Public Law 105–78,
$1,100,000,000 are rescinded.
For making payments under title XXVI of the Omni-
bus Budget Reconciliation Act of 1981, $1,100,000,000,
to be available for obligation in the period October 1, 1999
through September 30, 2000.
REFUGEE AND ENTRANT ASSISTANCE
For making payments for refugee and entrant assist-
ance activities authorized by title IV of the Immigration
and Nationality Act and section 501 of the Refugee Edu-
cation Assistance Act of 1980 (Public Law 96–422),
$415,165,000: Provided, That funds appropriated pursu-
ant to section 414(a) of the Immigration and Nationality
Act under Public Law 104–208 for fiscal year 1997 shall
be available for the costs of assistance provided and other
activities conducted in such year and in fiscal years 1998
and 1999.
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CHILD CARE AND DEVELOPMENT BLOCK GRANT
For carrying out sections 658A through 658R of the
Omnibus Budget Reconciliation Act of 1981 (The Child
Care and Development Block Grant Act of 1990), to be-
come available on October 1, 1999 and remain available
through September 30, 2000, $1,000,000,000.
SOCIAL SERVICES BLOCK GRANT
For making grants to States pursuant to section
2002 of the Social Security Act, $2,299,000,000: Pro-
vided, That (1) notwithstanding section 2003(c) of such
Act, as amended, the amount specified for allocation under
such section for fiscal year 1999 shall be $2,299,000,000
and (2) notwithstanding subparagraph (B) of section
404(d)(2) of such Act, the applicable percent specified
under such subparagraph for a State for fiscal year 1999
shall be the percent of the State grant under section
403(a) of such Act for fiscal year 1998 transferred in fis-
cal year 1998 to the State program under title XX of such
Act.
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
(including section 105(a)(2) of the Child Abuse Prevention
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and Treatment Act), the Native American Programs Act
of 1974, title II of Public Law 95–266 (adoption opportu-
nities), the Adoption and Safe Families Act of 1997 (Pub-
lic Law 105–89), the Abandoned Infants Assistance Act
of 1988, part B(1) of title IV and sections 413, 429A and
1110 of the Social Security Act; for making payments
under the Community Services Block Grant Act; 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, sections
40155, 40211 and 40241 of Public Law 103–322 and sec-
tion 126 and titles IV and V of Public Law 100–485,
$5,841,820,000, of which $20,000,000, to remain avail-
able until September 30, 2000, 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 $548,502,000 shall be for
making payments under the Community Services Block
Grant Act; and of which $4,500,000,000 shall be for mak-
ing payments under the Head Start Act: Provided, That,
notwithstanding section 640(a)(6), of the funds made
available for the Head Start Act, $337,500,000 shall be
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set aside for the Head Start Program for Families with
Infants and Toddlers (Early Head Start): Provided fur-
ther, That to the extent Community Services Block Grant
funds are distributed as grant funds by a State to an eligi-
ble entity as provided under the Act, and have not been
expended by such entity, they shall remain with such en-
tity 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 sec-
tions 40155, 40211 and 40241 of Public Law 103–322.
Funds appropriated for fiscal year 1999 under sec-
tion 429A(e), part B of title IV of the Social Security Act
shall be reduced by $6,000,000.
Funds appropriated for fiscal year 1999 under sec-
tion 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, $275,000,000.
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,
$3,764,900,000.
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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 2000, $1,355,000,000.
ADMINISTRATION ON AGING
AGING SERVICES PROGRAMS
For carrying out, to the extent not otherwise pro-
vided, the Older Americans Act of 1965, as amended, and
sections 398, 399 and 339A of the Public Health Service
Act, $861,020,000: Provided, That notwithstanding sec-
tion 308(b)(1) of the Older Americans Act of 1965, as
amended, the amounts available to each State for adminis-
tration 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 applica-
tions 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 commu-
nities to be served.
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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, $166,662,000, together
with $5,851,000, to be transferred and expended as au-
thorized by section 201(g)(1) of the Social Security Act
from the Hospital Insurance Trust Fund and the Supple-
mental Medical Insurance Trust Fund: Provided, That
$890,000 shall be for a contract with the National Acad-
emy of Sciences to conduct a study of all the available
scientific literature examining the cause-and-effect rela-
tionship between repetitive tasks in the workplace and
musculoskeletal disorders: Provided further, That said con-
tract shall be awarded not later than January 1, 1999.
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.
OFFICE FOR CIVIL RIGHTS
For expenses necessary for the Office for Civil
Rights, $17,345,000, 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
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Hospital Insurance Trust Fund and the Supplemental
Medical Insurance Trust Fund.
POLICY RESEARCH
For carrying out, to the extent not otherwise pro-
vided, research studies under section 1110 of the Social
Security Act, $14,000,000.
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 Pub-
lic Health Service Act or section 1503 of the National In-
stitutes of Health Revitalization Act of 1993, Public Law
103–43.
SEC. 204. None of the funds appropriated in this Act
for the National Institutes of Health and the Substance
Abuse and Mental Health Services Administration shall
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be used to pay the salary of an individual, through a grant
or other extramural mechanism, at a rate in excess of
$125,000 per year.
SEC. 205. None of the funds appropriated in this Act
may be expended pursuant to section 241 of the Public
Health Service Act, except for funds specifically provided
for in this Act, or for other taps and assessments made
by any office located in the Department of Health and
Human Services, prior to the Secretary’s preparation and
submission of a report to the Committee on Appropria-
tions of the Senate and of the House detailing the planned
uses of such funds.
SEC. 206. None of the funds appropriated in this Act
may be obligated or expended for the Federal Council on
Aging under the Older Americans Act or the Advisory
Board on Child Abuse and Neglect under the Child Abuse
Prevention and Treatment Act.
(TRANSFER OF FUNDS)
SEC. 207. Not to exceed 1 percent of any discre-
tionary funds (pursuant to the Balanced Budget and
Emergency Deficit Control Act, as amended) which are
appropriated for the current fiscal year for the Depart-
ment of Health and Human Services in this Act may be
transferred between appropriations, but no such appro-
priation shall be increased by more than 3 percent by any
such transfer: Provided, That the Appropriations Commit-
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tees of both Houses of Congress are notified at least fif-
teen days in advance of any transfer.
SEC. 208. 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. 209. Of the amounts made available in this Act
for the National Institutes of Health, the amount for re-
search related to the human immunodeficiency virus, as
jointly determined by the Director of NIH and the Direc-
tor of the Office of AIDS Research, shall be made avail-
able to the ‘‘Office of AIDS Research’’ account. The Di-
rector 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. 210. Funds appropriated in this Act for the Na-
tional Institutes of Health may be used to provide transit
subsidies in amounts consistent with the transportation
subsidy programs authorized under section 629 of Public
Law 101–509 to non-FTE bearing positions including
trainees, visiting fellows and volunteers.
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SEC. 211. 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 plan-
ning services and that it provides counseling to minors on
how to resist attempts to coerce minors into engaging in
sexual activities.
SEC. 212. Subsection (b)(1)(H) of section 401 of the
Public Health Service Act (42 U.S.C. 281 (b)(1)(H)) is
amended by striking ‘‘National Institute of Dental Re-
search’’ and inserting ‘‘National Institute of Dental and
Craniofacial Research’’.
SEC. 213. Notwithstanding any other provision of
law, the Department of Health and Human Services shall
permit the submission of public comments until September
30, 1999, on the final rule entitled ‘‘Organ Procurement
and Transplantation Network’’ published by the Depart-
ment in the Federal Register on April 2, 1998 (63 Fed.
Reg. 16295 et seq.), and such rule shall not become effec-
tive before November 1, 1999.
SEC. 214. None of the funds made available in this
Act may be used to implement or enforce the provisions
described in section 482.110(c) or section 482.120(a)(8)
of part 482 of title 42, Code of Federal Regulations, as
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contained in the proposed rule issued on December 19,
1997 (62 FR 66726).
SEC. 215. (a) Section 2003(c) of the Social Security
Act (42 U.S.C. 1397b(c)) is amended by striking para-
graph (8) and inserting the following:
‘‘(8) $2,299,000,000 for the fiscal year 1998;’’.
(b) The amendment made by this section takes effect
immediately after the amendments made by section 8401
of the Transportation Equity Act for the 21st Century
take effect.
SEC. 216. The Consolidated Laboratory Building
(Building 50) at the National Institutes of Health is here-
by named the Louis Stokes Laboratories.
SEC. 217. 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 oth-
erwise eligible entity (including a Provider Sponsored Or-
ganization) 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 capita-
tion payment to such an entity (based on an actuarially
sound estimate of the expected costs of providing the serv-
ice to such entity’s enrollees): Provided further, That noth-
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ing in this section shall be construed to change the Medi-
care 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. 218. (a) LIMITATION ON USE OF FUNDS FOR
VIAGRA.—Except for postsurgical treatment, none of the
funds appropriated in this Act shall be expended by the
Health Care Financing Administration to reimburse
States for Viagra under section 1927 of the Social Secu-
rity Act.
(b) USE
OF FUNDS
FOR CHILDREN’S MENTAL
HEALTH SERVICES.—Of the amount of the reduction in
budget authority and outlays resulting from the limitation
in subsection (a), as estimated by the Office of Manage-
ment and Budget and scored by the Congressional Budget
Office, up to $100,000,000 shall be available for children’s
mental health services under title V of the Public Health
Service Act to enhance services for children with emotional
and behavioral disorders who are at risk of violent behav-
ior.
SEC. 219. No funds made available in this Act may
be used to take any administrative action against States
that do not cover Viagra or any other drug or device under
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section 1927 of the Social Security Act for the treatment
of erectile dysfunction.
SEC. 220. (a) 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.
(b) None of the funds appropriated in this or any
other Act for any fiscal year for carrying out title X of
the Public Health Service Act may be made available to
any family planning project under section 1001 of such
title if any provider of services in the project knowingly
provides contraceptive drugs or devices to a minor, un-
less—
(1) the minor is emancipated under applicable
State law;
(2) the minor has the written consent of a cus-
todial parent or custodial legal guardian to receive
the drugs or devices;
(3) a court of competent jurisdiction has di-
rected that the minor may receive the drugs or de-
vices; or
(4) such provider of services has given actual
written notice to a custodial parent or custodial legal
guardian of the minor, notifying the parent or legal
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guardian of the intent to provide the drugs or de-
vices, at least five business days before providing the
drugs or devices.
(c) Each provider of services under title X of the Pub-
lic Health Service Act shall each year certify to the Sec-
retary of Health and Human Services compliance with this
section. Such Secretary shall prescribe such regulations as
may be necessary to effectuate this section.
This title may be cited as the ‘‘Department of Health
and Human Services Appropriations Act, 1999’’.
TITLE III—DEPARTMENT OF EDUCATION
EDUCATION REFORM
For carrying out activities authorized by titles III
and IV of the Goals 2000: Educate America Act, the
School-to-Work Opportunities Act, and sections 3132,
3136, and 3141 of title III of the Elementary and Second-
ary Education Act of 1965, $861,500,000, of which
$219,000,000 for the Goals 2000: Educate America Act
and $75,000,000 for the School-to-Work Opportunities
Act shall become available on July 1, 1999 and remain
available through September 30, 2000: Provided, That
none of the funds appropriated under this heading shall
be obligated or expended to carry out section 304(a)(2)(A)
of the Goals 2000: Educate America Act, except that no
more than $1,500,000 may be used to carry out activities
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under section 314(a)(2) of that Act: Provided further,
That section 315(a)(2) of the Goals 2000 Act shall not
apply: Provided further, That up to one-half of 1 percent
of the amount available under section 3132 shall be set
aside for the outlying areas, to be distributed on the basis
of their relative need as determined by the Secretary in
accordance with the purposes of the program: Provided
further, That if any State educational agency does not
apply for a grant under section 3132, that State’s allot-
ment under section 3131 shall be reserved by the Sec-
retary 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 Sec-
ondary Education Act of 1965, and section 418A of the
Higher 
Education 
Act, 
$8,056,132,000, 
of 
which
$6,583,346,000 shall become available on July 1, 1999,
and shall remain available through September 30, 2000,
and of which $1,448,386,000 shall become available on
October 1, 1999 and shall remain available through Sep-
tember 30, 2000, for academic year 1999–2000: Provided,
That $5,949,980,000 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 Sec-
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retary on October 1, 1998, to obtain updated local-edu-
cational-agency-level census poverty data from the Bureau
of the Census: Provided further, That $1,125,252,000
shall be available for concentration grants under section
1124A, $300,000,000 shall be available for targeted
grants under section 1125, $8,900,000 shall be available
for evaluations under section 1501 and not more than
$8,500,000 shall be reserved for section 1308, of which
not more than $3,000,000 shall be reserved for section
1308(d): Provided further, That $120,000,000 shall be
available under section 1002(g)(2) to demonstrate effec-
tive approaches to comprehensive school reform to be allo-
cated 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: Provided further, That in carrying out this initiative,
the Secretary and the States shall support only ap-
proaches that show the most promise of enabling children
served by title I to meet challenging State content stand-
ards and challenging State student performance standards
based on reliable research and effective practices, and in-
clude an emphasis on basic academics and parental in-
volvement: Provided further, That no funds appropriated
under section 1002(g)(2) shall be available for section
1503.
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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,
$848,000,000, of which $704,000,000 shall be for basic
support payments under section 8003(b), $50,000,000
shall be for payments for children with disabilities under
section 8003(d), $70,000,000, to remain available until
expended, shall be for payments under section 8003(f),
and $24,000,000 shall be for Federal property payments
under section 8002.
SCHOOL IMPROVEMENT PROGRAMS
For carrying out school improvement activities au-
thorized by titles II, IV, V–A and B, VI, X, and XIII of
the Elementary and Secondary Education Act of 1965; the
Stewart B. McKinney Homeless Assistance Act; and the
Civil Rights Act of 1964; $1,542,334,000, of which
$1,247,500,000 shall become available on July 1, 1999,
and remain available through September 30, 2000: Pro-
vided, That of the amount appropriated, $285,000,000
shall be for Eisenhower professional development State
grants under title II–B of the Elementary and Secondary
Education Act of 1965, and $400,000,000 shall be for in-
novative education program strategies State grants under
title VI–A of said Act.
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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 pro-
vided, bilingual, foreign language and immigrant edu-
cation activities authorized by parts A and C and section
7203 of title VII of the Elementary and Secondary Edu-
cation Act of 1965, without regard to section 7103(b),
$354,000,000: 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, $5,104,146,000, of which $4,859,885,000
shall become available for obligation on July 1, 1999, and
shall remain available through September 30, 2000.
REHABILITATION SERVICES AND DISABILITY RESEARCH
For carrying out, to the extent not otherwise pro-
vided, the Rehabilitation Act of 1973, the Technology-Re-
lated Assistance for Individuals with Disabilities Act, and
the Helen Keller National Center Act, as amended,
$2,646,640,000.
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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.), $8,661,000.
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.), $44,791,000: Provided,
That from the amount available, the Institute may at its
discretion use funds for the endowment program as au-
thorized 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.), $83,480,000: Provided, That from the 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 pro-
vided, the Carl D. Perkins Vocational and Applied Tech-
nology Education Act and the Adult Education Act,
$1,532,247,000, of which $1,528,147,000 shall become
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available on July 1, 1999 and shall remain available
through September 30, 2000; and of which $6,000,000
from amounts available under the Adult Education Act
shall be for the National Institute for Literacy under sec-
tion 384(c): Provided, That, of the amounts made avail-
able for title II of the Carl D. Perkins Vocational and Ap-
plied Technology Education Act, $13,497,000 shall be
used by the Secretary for national programs under title
IV, without regard to section 451: Provided further, That
the Secretary may reserve up to $7,000,000 under section
313(d) of the Adult Education Act for activities carried
out under section 383 of that Act: Provided further, That
no funds shall be awarded to a State Council under section
112(f) of the Carl D. Perkins Vocational and Applied
Technology Education Act, and no State shall be required
to operate such a Council.
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, $9,672,654,000, which shall remain
available through September 30, 2000.
The maximum Pell Grant for which a student shall
be eligible during award year 1999–2000 shall be $3,150:
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
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included within this appropriation for Pell Grant awards
in such award year, and any funds available from the fis-
cal year 1998 appropriation for Pell Grant awards, are
insufficient to satisfy fully all such awards for which stu-
dents 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: Provided further, That if the Secretary deter-
mines that the funds available to fund Pell Grants for
award year 1999–2000 exceed the amount needed to fund
Pell Grants at a maximum award of $3,150 for that award
year, the Secretary may increase the income protection al-
lowances 
in 
sections 
475(g)(2)(D), 
and
476(b)(1)(A)(iv)(I), (II) and (III) up to the amounts at
which Pell Grant awards calculated using the increased
income protection allowances equal the funds available to
make Pell Grants in award year 1999–2000 with a $3,150
maximum award, except that the income protection allow-
ance in section 475(g)(2)(D) may not exceed $2,200, the
income 
protection 
allowance 
in 
sections
476(b)(1)(A)(iv)(I) and (II) may not exceed $4,250, and
the 
income 
protection 
allowance 
in 
section
476(b)(1)(A)(iv)(III) may not exceed $7,250.
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FEDERAL FAMILY EDUCATION LOAN PROGRAM ACCOUNT
For Federal administrative expenses to carry out
guaranteed student loans authorized by title IV, part B,
of the Higher Education Act, as amended, $48,482,000.
HIGHER EDUCATION
For carrying out, to the extent not otherwise pro-
vided, parts A and B of title III, without regard to section
360(a)(1)(B)(ii), titles IV, V, VI, VII, and part A and sub-
part 1 of part B of title X of the Higher Education Act
of 1965, as amended, and the Mutual Educational and
Cultural Exchange Act of 1961; $944,198,000, of which
$13,000,000 for interest subsidies under title VII of the
Higher Education Act shall remain available until ex-
pended.
HOWARD UNIVERSITY
For partial support of Howard University (20 U.S.C.
121 et seq.), $214,489,000: Provided, That from the
amount available, the University may at its discretion use
funds for the endowment program as authorized under the
Howard University Endowment Act (Public Law 98–480).
COLLEGE HOUSING AND ACADEMIC FACILITIES LOANS
PROGRAM
For Federal administrative expenses to carry out ac-
tivities related to facility loans entered into under title VII,
part C and section 702 of the Higher Education Act, as
amended, $698,000.
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HISTORICALLY BLACK COLLEGE AND UNIVERSITY
CAPITAL FINANCING, PROGRAM ACCOUNT
The total amount of bonds insured pursuant to sec-
tion 724 of title VII, part B 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 Histori-
cally Black College and University Capital Financing Pro-
gram entered into pursuant to title VII, part B of the
Higher Education Act, as amended, $196,000.
EDUCATION RESEARCH, STATISTICS, AND IMPROVEMENT
For carrying out activities authorized by the Edu-
cational Research, Development, Dissemination, and Im-
provement Act of 1994, including part E; the National
Education Statistics Act of 1994; section 2102 of title II,
and parts A, B, I, 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, $447,667,000: Provided, That
$25,000,000 shall be available to demonstrate effective ap-
proaches 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 con-
ference report accompanying Public Law 105–78: Pro-
vided further, That the funds made available for com-
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prehensive school reform shall become available on July
1, 1999, and remain available through September 30,
2000, 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 ef-
fective practices, and include an emphasis on basic aca-
demics and parental involvement.
DEPARTMENTAL MANAGEMENT
PROGRAM ADMINISTRATION
For carrying out, to the extent not otherwise pro-
vided, the Department of Education Organization Act, in-
cluding rental of conference rooms in the District of Co-
lumbia 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, $61,500,000.
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, $30,242,000.
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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 trans-
portation 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 in-
cludes 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 clus-
tering. The prohibition described in this section does not
include the establishment of magnet schools.
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SEC. 303. No funds appropriated under this Act may
be used to prevent the implementation of programs of vol-
untary prayer and meditation in the public schools.
(TRANSFER OF FUNDS)
SEC. 304. Not to exceed 1 percent of any discre-
tionary 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. Part C of the General Education Provi-
sions Act (20 U.S.C. 1231 et seq.) is amended by adding
at the end the following:
‘‘SEC. 447. PROHIBITION ON FEDERALLY SPONSORED TEST-
ING.
‘‘(a) GENERAL PROHIBITION.—Notwithstanding any
other provision of Federal law, funds provided to the De-
partment of Education or to an applicable program, may
not be used to develop, plan, implement (including pilot
testing or field testing), or administer any federally spon-
sored national test in reading, mathematics, or any other
subject that is not specifically and explicitly provided for
in authorizing legislation enacted into law.
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‘‘(b) EXCEPTIONS.—Subsection (a) shall not apply to
the Third International Mathematics and Science Study
or other international comparative assessments developed
under the authority of section 404(a)(6) of the National
Education Statistics Act of 1994 (20 U.S.C. 9003(a)(6)
et seq.), and administered to only a representative sample
of pupils in the United States and in foreign nations.’’.
SEC. 306. Notwithstanding any other provision of
law, any institution of higher education which receives
funds under title III of the Higher Education Act, except
for grants made under section 326, may use up to 20 per-
cent of its award under part A or part B of the Act for
endowment building purposes authorized under section
331. Any institution seeking to use part A or part B funds
for endowment building purposes shall indicate such inten-
tion in its application to the Secretary and shall abide by
departmental regulations governing the endowment chal-
lenge grant program.
SEC. 307. None of the funds made available in this
Act may be used to enforce the requirements of section
428(b)(1)(U)(iii) of the Higher Education Act of 1965
with respect to any lender when it is made known to the
Federal official having authority to obligate or expend
such funds that the lender has a loan portfolio under part
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B of title IV of such Act that is equal to or less than
$5,000,000.
SEC. 308. (a) STATE FUNDS FOR INNOVATIVE PRO-
GRAMS.—Notwithstanding any other provision of law, a
State may, upon notice to the Secretary, use some or all
of the funds made available to the State for fiscal year
1999 under title III of the Goals 2000: Educate America
Act (20 U.S.C. 5881 et seq.) and part B of title II of
the Elementary and Secondary Education Act of 1965 (20
U.S.C. 6641 et seq.) as if made available under title VI
of the Elementary and Secondary Education Act of 1965.
(b) LOCAL FUNDS FOR INNOVATIVE PROGRAMS.—
Notwithstanding any other provision of law, a local edu-
cational agency described in section 304(e) of the Goals
2000: Educate America Act (20 U.S.C. 5881 et seq.) may,
upon notice to the Secretary, use some or all of the funds
made available to it under title III of such Act for fiscal
year 1999 as if made available under title VI of the Ele-
mentary and Secondary Education Act of 1965.
SEC. 309. Section 615(k)(1)(A)(ii) of the Individuals
with 
Disabilities 
Education 
Act 
(20 
U.S.C.
1415(k)(1)(A)(ii)) is amended—
(1) in matter preceding subclause (I), by strik-
ing ‘‘, but for not more than 45 days’’;
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(2) in subclause (I), by striking ‘‘or’’ at the
end;
(3) in subclause (II), by striking the period at
the end and inserting ‘‘; or’’; and
(4) by adding at the end the following:
‘‘(III) the child intentionally ex-
hibits violent behavior that has re-
sulted in, or could have resulted in,
physical injury to the child or to oth-
ers while at school or at a school func-
tion under the jurisdiction of a State
or local agency.’’.
SEC. 310. Section 616(c) of the Individuals with Dis-
abilities Education Act (20 U.S.C. 1416(c)) is amended—
(1) by striking ‘‘For purposes of this section’’
and inserting ‘‘(1) Notwithstanding subsections (a)
and (b)’’; and
(2) by striking ‘‘the Secretary, in instances’’
and all that follows and inserting the following: ‘‘the
Secretary, in instances where the Secretary finds
that the failure to comply substantially with the pro-
visions of this part are related to a failure by the
public agency during a fiscal year to provide special
education and related services to individuals who are
18 years of age or older, and the Secretary decides
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to take corrective action to ensure compliance with
this part, may take only the following such correc-
tive action (and such corrective action may only be
taken with respect to payments for that fiscal year):
‘‘(A) Reduce or withhold payments to the
State in an amount that is proportionate to the
total funds allotted under section 611 to the
State as the number of such individuals who
are 18 years of age or older is proportionate to
the number of eligible individuals with disabil-
ities in the State under the supervision of the
State educational agency.
‘‘(B) Ensure that any withholding of funds
under paragraph (1) shall be limited to the spe-
cific agency responsible for the failure to com-
ply with this part.
‘‘(2) Upon reduction or withholding of pay-
ments to a State for a fiscal year under paragraph
(1)—
‘‘(A) with respect to children with disabil-
ities who are convicted as adults under State
law and incarcerated in adult prisons, the State
shall be deemed to be in compliance with this
part for that fiscal year; and
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‘‘(B) no additional corrective action may
be taken against the State with respect to the
failure by the public agency described in para-
graph (1).
‘‘(3) For purposes of paragraph (1)(A), the
number of eligible children with disabilities in adult
prisons under the supervision of the other public
agency and the number of eligible individuals with
disabilities in the State under the supervision of the
State educational agency shall be determined by the
Secretary on the basis of the most recent satisfac-
tory data available to the Secretary.’’.
SEC. 311. The Elementary and Secondary Education
Act of 1965 is amended—
(1) in section 7116(i)—
(A) by striking paragraphs (1) through
(3); and
(B) by redesignating paragraphs (4) and
(5) as (1) and (2), respectively;
(2) in section 7120—
(A) by redesignating paragraphs (2) and
(3) as (4) and (5), respectively; and
(B) by inserting after paragraph (1) the
following:
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‘‘(2) assists students enrolled in the program or
activity to move into a classroom where instruction
is not tailored for students of limited English pro-
ficiency—
‘‘(A) by the end of the first grade, in the
case of students enrolling when they are in kin-
dergarten; or
‘‘(B) by the end of their second academic
year of enrollment, in the case of other stu-
dents;
‘‘(3) demonstrates that students of limited
English proficiency meet the same challenging State
content standards and challenging student perform-
ance standards during and after the period in which
students are enrolled in a bilingual education pro-
gram or a special alternative instructional program
expected for all children and youth as required by
section 1111(b);’’;
(3) in subpart 1, by adding at the end the fol-
lowing new sections:
‘‘SEC. 7125. MAXIMUM ENROLLMENT PERIOD.
‘‘(a) LIMITATION.—Except as provided in this sec-
tion, no student may be enrolled in a bilingual education
program or a special alternative instructional program
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under this subpart for a period of more than 2 years, ex-
cept where the school in which the student is enrolled—
‘‘(1) conducts a comprehensive evaluation of the
overall academic progress of the student; and
‘‘(2) the results of the evaluation indicate that
lack of English proficiency is impeding the academic
progress of the student in meeting grade promotion
and graduation standards and, in the case of a child
with a disability, attainment of the objective in the
child’s individualized education program under the
Individuals with Disabilities Education Act (20
U.S.C. 1400 et seq.).
Any student with respect to whom the requirements of this
subsection are met may remain in the program for a third
year, except as provided in subsection (b)(2).
‘‘(b) EVALUATION.—
‘‘(1) IN GENERAL.—The evaluation required by
subsection (a) shall involve teachers and school per-
sonnel familiar with the student’s overall academic
progress. The results of such an evaluation shall be
made available to the parents of the student.
‘‘(2) SCHEDULE.—An evaluation shall be car-
ried out at the end of the third year the student is
in the program described in subsection (a) if the stu-
dent is to continue in the program for a fourth year
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and shall be conducted in accordance with paragraph
(1).
‘‘(3) LANGUAGE DEVELOPMENT.—Each evalua-
tion shall indicate how the student’s English lan-
guage development will be addressed during the pe-
riod a student is retained in the program. The stu-
dent’s academic program during that period shall
emphasize mastery of English.
‘‘(c) FINAL EXTENSION.—No student shall remain in
a bilingual education program or special alternative in-
structional program described in subsection (a) for more
than 4 years.
‘‘SEC. 7126. ANNUAL REPORT.
‘‘(a) IN GENERAL.—The Secretary shall submit a re-
port each year, beginning in fiscal year 2001, to the Com-
mittees on Appropriations and Education and the Work-
force of the House of Representatives and the Committees
on Appropriations and Labor and Human Resources of
the Senate in accordance with subsection (b).
‘‘(b) CONTENTS.—
‘‘(1) EFFECTIVENESS OF PROGRAMS.—Such re-
port shall identify the 10 percent of eligible entities
receiving funds under this subpart that have been
the least successful in assisting students in attaining
English proficiency by the end of their second aca-
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demic year of enrollment in a bilingual education
program or special alternative instructional program.
‘‘(2) CONTINUANCE.—Such report shall also ex-
plain if and why funding will be continued for a pro-
gram described under paragraph (1).’’; and
(4) in section 7501(15)—
(A) by striking subparagraph (C);
(B) by inserting ‘‘and’’ at the end of sub-
paragraph (A); and
(C) by striking ‘‘; and’’ at the end of sub-
paragraph (B) and inserting a period.
This title may be cited as the ‘‘Department of Edu-
cation Appropriations Act, 1999’’.
TITLE IV—RELATED AGENCIES
ARMED FORCES RETIREMENT HOME
For expenses necessary for the Armed Forces Retire-
ment 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, $70,745,000, of
which $15,717,000 shall be for construction and renova-
tion of the physical plants at the United States Soldiers’
and Airmen’s Home and the United States Naval Home.
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CORPORATION FOR NATIONAL AND COMMUNITY SERVICE
DOMESTIC VOLUNTEER SERVICE PROGRAMS, OPERATING
EXPENSES
For expenses necessary for the Corporation for Na-
tional and Community Service to carry out the provisions
of the Domestic Volunteer Service Act of 1973, as amend-
ed, $251,369,000.
CORPORATION FOR PUBLIC BROADCASTING
For payment to the Corporation for Public Broad-
casting, as authorized by the Communications Act of
1934, an amount which shall be available within limita-
tions specified by that Act, for the fiscal year 2001,
$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.
FEDERAL MEDIATION AND CONCILIATION SERVICE
SALARIES AND EXPENSES
For expenses necessary for the Federal Mediation
and Conciliation Service to carry out the functions vested
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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-Man-
agement 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, in-
cluding $1,500,000, to remain available through Septem-
ber 30, 2000, for activities authorized by the Labor-Man-
agement Cooperation Act of 1978 (29 U.S.C. 175a): Pro-
vided, That notwithstanding 31 U.S.C. 3302, fees
charged, up to full-cost recovery, for special training ac-
tivities 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 serv-
ices shall be available only for education, training, and
professional development of the agency workforce: Pro-
vided further, That the Director of the Service is author-
ized to accept on behalf of the United States gifts of serv-
ices and real, personal, or other property in the aid of any
projects or functions within the Director’s jurisdiction.
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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 Li-
brary Services Act, $146,340,000.
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.
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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 Rela-
tions 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, of which
$10,046,000 shall be available only for information tech-
nology: Provided, That no part of this appropriation shall
be available to organize or assist in organizing agricultural
laborers or used in connection with investigations, hear-
ings, 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 defi-
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nition employees engaged in the maintenance and oper-
ation 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 rep-
resentation 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 Presi-
dent, $8,400,000: Provided, That unobligated balances at
the end of fiscal year 1999 not needed for emergency
boards shall remain available for other statutory purposes
through September 30, 2000.
OCCUPATIONAL SAFETY AND HEALTH REVIEW
COMMISSION
SALARIES AND EXPENSES
For expenses necessary for the Occupational Safety
and Health Review Commission (29 U.S.C. 661),
$8,100,000.
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RAILROAD RETIREMENT BOARD
DUAL BENEFITS PAYMENTS ACCOUNT
For payment to the Dual Benefits Payments Ac-
count, authorized under section 15(d) of the Railroad Re-
tirement Act of 1974, $191,000,000, which shall include
amounts becoming available in fiscal year 1999 pursuant
to section 224(c)(1)(B) of Public Law 98–76; and in addi-
tion, 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 $191,000,000: Provided, That the
total amount provided herein shall be credited in 12 ap-
proximately 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, 2000, 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
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and 
the 
Railroad 
Unemployment 
Insurance 
Act,
$86,000,000, to be derived in such amounts as determined
by the Board from the railroad retirement accounts and
from moneys credited to the railroad unemployment insur-
ance 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 unemploy-
ment 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, of-
fice supplies, communications facilities or services, mainte-
nance 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: Provided fur-
ther, That none of the funds made available in this para-
graph may be used for any audit, investigation, or review
of the Medicare Program.
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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, $19,689,000.
SPECIAL BENEFITS FOR DISABLED COAL MINERS
For carrying out title IV of the Federal Mine Safety
and Health Act of 1977, $382,803,000, to remain avail-
able until expended.
For making, after July 31 of the current fiscal year,
benefit payments to individuals under title IV of the Fed-
eral Mine Safety and Health Act of 1977, for costs in-
curred 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 2000, $141,000,000, to remain
available until expended.
SUPPLEMENTAL SECURITY INCOME PROGRAM
For carrying out titles XI and XVI of the Social Se-
curity 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 Secu-
rity trust funds for administrative expenses incurred pur-
suant to section 201(g)(1) of the Social Security Act,
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$21,495,000,000, to remain available until expended: Pro-
vided, 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 ex-
penses for conducting continuing disability reviews.
In addition, $177,000,000, to remain available until
September 30, 2000, for payment to the Social Security
trust funds for administrative expenses for continuing dis-
ability 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 So-
cial 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
2000, $9,550,000,000, to remain available until expended.
LIMITATION ON ADMINISTRATIVE EXPENSES
For necessary expenses, including the hire of two pas-
senger motor vehicles, and not to exceed $10,000 for offi-
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cial reception and representation expenses, not more than
$5,949,000,000 may be expended, as authorized by sec-
tion 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 $1,600,000 shall be for the Social Security
Advisory Board: Provided further, That unobligated bal-
ances at the end of fiscal year 1999 not needed for fiscal
year 1999 shall remain available until expended to invest
in the Social Security Adminstration computing network,
including related equipment and non-payroll administra-
tive 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 poli-
cies, 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 105–78 regarding unobligated balances at the end
of fiscal year 1998 not needed for such fiscal year, an
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amount not to exceed $50,000,000 from such unobligated
balances shall, in addition to funding already available
under this heading for fiscal year 1999, 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,
$355,000,000, to remain available until September 30,
2000, 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 re-
views’’ means reviews and redeterminations as defined
under section 201(g)(1)(A) of the Social Security Act as
amended.
In addition, $75,000,000 to be derived from adminis-
tration fees in excess of $5.00 per supplementary payment
collected pursuant to section 1616(d) of the Social Secu-
rity 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 1999 exceed $75,000,000, the
amounts shall be available in fiscal year 2000 only to the
extent provided in advance in appropriations Acts.
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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 ex-
pended as authorized by section 201(g)(1) of the Social
Security Act from the Federal Old-Age and Survivors In-
surance 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 trans-
fers 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, $11,160,000.
TITLE V—GENERAL PROVISIONS
SEC. 501. The Secretaries of Labor, Health and
Human Services, and Education are authorized to transfer
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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 recog-
nized executive-legislative relationships, for publicity or
propaganda purposes, for the preparation, distribution, or
use of any kit, pamphlet, booklet, publication, radio, tele-
vision, or video presentation designed to support or defeat
legislation pending before the Congress or any State legis-
lature, 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 recipi-
ent, 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
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$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 ‘‘Sala-
ries 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 Medi-
ation 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 nee-
dles 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 Con-
gress that, to the greatest extent practicable, all equip-
ment 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 en-
tity using funds made available in this Act, the head of
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each Federal agency, to the greatest extent practicable,
shall provide to such entity a notice describing the state-
ment 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 bear-
ing 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 con-
tract or subcontract made with funds made available in
this Act, pursuant to the debarment, suspension, and ineli-
gibility 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 docu-
ments 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 re-
search 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
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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 abor-
tion.
(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 arrange-
ment.
SEC. 509. (a) The limitations established in the pre-
ceding 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.
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(b) Nothing in the preceding section shall be con-
strued 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 con-
strued as restricting the ability of any managed care pro-
vider from offering abortion coverage or the ability of a
State or locality to contract separately with such a pro-
vider for such coverage with State funds (other than a
State’s or locality’s contribution of Medicaid matching
funds).
SEC. 510. Notwithstanding any other provision of
law—
(1) no amount may be transferred from an ap-
propriation account for the Departments of Labor,
Health and Human Services, and Education except
as authorized in this or any subsequent appropria-
tion Act, or in the Act establishing the program or
activity for which funds are contained in this Act;
(2) no department, agency, or other entity,
other than the one responsible for administering the
program or activity for which an appropriation is
made in this Act, may exercise authority for the tim-
ing of the obligation and expenditure of such appro-
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priation, or for the purpose for which it is obligated
and expended, except to the extent and in the man-
ner otherwise provided in sections 1512 and 1513 of
title 31, United States Code; and
(3) no funds provided under this Act shall be
available for the salary (or any part thereof) of an
employee who is reassigned on a temporary detail
basis to another position in the employing agency or
department or in any other agency or department,
unless the detail is independently approved by the
head of the employing department or agency.
SEC. 511. (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 em-
bryos are destroyed, discarded, or knowingly sub-
jected 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,
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parthenogenesis, cloning, or any other means from one or
more human gametes or human diploid cells.
SEC. 512. (a) LIMITATION ON USE OF FUNDS FOR
PROMOTION OF LEGALIZATION OF CONTROLLED SUB-
STANCES.—None of the funds made available in this Act
may be used for any activity when it is made known to
the Federal official having authority to obligate or expend
such funds that the activity 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 it is made known to the Federal offi-
cial having authority to obligate or expend such funds that
there is significant medical evidence of a therapeutic ad-
vantage to the use of such drug or other substance or that
federally sponsored clinical trials are being conducted to
determine therapeutic advantage.
SEC. 513. None of the funds made available in this
Act may be obligated or expended to enter into or renew
a contract with an entity when it is made known to the
Federal official having authority to obligate or expend
such funds that—
(1) such entity is otherwise a contractor with
the United States and is subject to the requirement
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in section 4212(d) of title 38, United States Code,
regarding submission of an annual report to the Sec-
retary 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 en-
tity.
SEC. 514. None of the funds made available in this
Act may be used to pay the expenses of an election officer
appointed by a court to oversee an election of any officer
or trustee for the International Brotherhood of Teamsters.
SEC. 515. Except as otherwise specifically provided
by law, unobligated balances remaining available at the
end of fiscal year 1999 from appropriations made avail-
able for salaries and expenses for fiscal year 1999 in this
Act, shall remain available through December 31, 1999,
for each such account for the purposes authorized: Pro-
vided, That the House and Senate Committees on Appro-
priations shall be notified at least fifteen days prior to the
obligation of such funds.
SEC. 516. Section 14(c)(1) of the National Labor Re-
lations Act is amended to read as follows:
‘‘(c)(1)(A) MANDATORY JURISDICTION.—The Board
shall assert jurisdiction over any labor dispute involving
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any class or category of employers over which it would
assert jurisdiction under the standards prevailing on Au-
gust 1, 1959, with the financial threshold amounts ad-
justed for inflation under subparagraph (B).
‘‘(B) INFLATION ADJUSTMENTS.—The Board, begin-
ning on October 1, 1998, and not less often than every
5 years thereafter, shall adjust each of the financial
threshold amounts referred to in subparagraph (A) for in-
flation, using as the base period the later of (i) the most
recent calendar quarter ending before the financial thresh-
old 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 mak-
ing the inflation adjustments.’’.
TITLE VI—CHILD PROTECTION ACT OF 1998
SEC. 601. This title may be cited as the ‘‘Child Pro-
tection Act of 1998’’.
SEC. 602. (a) COMPUTER SOFTWARE INSTALLATION
REQUIRED.—Any elementary or secondary school or pub-
lic library that has received under any program or activity
of any Federal agency any funds for the acquisition or
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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 de-
termined (in accordance with subsection (b)) to be
adequately designed to prevent minors from obtain-
ing access to any obscene information 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 in-
formation that is not obscene or otherwise unpro-
tected by the Constitution under the direct super-
vision of an adult designated by such school or li-
brary.
(b) DETERMINATION OF ADEQUATE DESIGN.—For
any elementary or secondary school or public library with-
in the jurisdiction of any State, the determinations re-
quired for purposes of subsection (a)(1) shall be made by
an agency or official designated by the chief executive offi-
cer 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 sub-
section (a)(1) shall be made by the Secretary of Edu-
cation.
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(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 sub-
section (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 the same manner as the Secretary of Education
is authorized to take such actions under sections
455, 456, and 457, respectively, of the General Edu-
cation Provisions Act (20 U.S.C. 1234d).
(2) RECOVERY OF FUNDS PROHIBITED.—The
actions authorized by paragraph (1) are the exclu-
sive 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
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an elementary school or a secondary school as such
terms are defined in section 14101 of the Elemen-
tary and Secondary Education Act of 1965 (20
U.S.C. 8801).
(2) PUBLIC
LIBRARY.—The term ‘‘public li-
brary’’ 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’’ in-
cludes 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 elemen-
tary or secondary school or public library shall be
considered to have received under a program or ac-
tivity of any Federal agency any funds for the acqui-
sition 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
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(B) to obtain services, supplies, software,
or other actions or materials to support, or in
connection with, the operation of such com-
puter.
(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 Com-
monwealth of Puerto Rico, the Virgin Islands,
Guam, American Samoa, the Commonwealth of the
Northern Mariana Islands, the Republic of the Mar-
shall Islands, the Federated States of Micronesia,
and the Republic of Palau.
TITLE VII—MISCELLANEOUS PROVISIONS
ASSURING
ACCESS
TO
ROUTINE
AND
PREVENTIVE
OB-
STETRICAL AND GYNECOLOGICAL SERVICES UNDER
GROUP
HEALTH
PLANS, GROUP
AND
INDIVIDUAL
HEALTH
INSURANCE
COVERAGE, MEDICARE, AND
MEDICAID
SEC. 701. (a) GROUP HEALTH PLANS.—
(1) PUBLIC
HEALTH
SERVICE
ACT
AMEND-
MENTS.—(A) Subpart 2 of part A of title XXVII,
the Public Health Service Act, as amended by sec-
100
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tion 703(a) of Public Law 104–204, is amended by
adding at the end the following new section:
‘‘SEC. 2706. STANDARDS RELATING TO ACCESS TO ROUTINE
AND PREVENTIVE OBSTETRICAL AND GYNE-
COLOGICAL SERVICES.
‘‘(a) IN GENERAL.—If a group health plan or health
insurance issuer, in the provision of health insurance cov-
erage in connection with a group health plan, requires or
provides for an enrollee to designate a participating pri-
mary care provider—
‘‘(1) the plan or issuer shall permit a female
enrollee to designate an obstetrician-gynecologist
who has agreed to be designated as such, as the en-
rollee’s primary care provider; and
‘‘(2) if such an enrollee has not designated such
a provider as a primary care provider, the plan or
issuer—
‘‘(A) may not require prior authorization
by the enrollee’s primary care provider or other-
wise for coverage of routine and preventive ob-
stetric and gynecologic care provided by a par-
ticipating obstetrician-gynecologist, or a partici-
pating health care professional practicing in col-
laboration with the obstetrician-gynecologist
101
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and in accordance with State law, to the extent
such care is otherwise covered, and
‘‘(B) may treat the ordering of other
gynecologic care by such a participating physi-
cian as the prior authorization of the primary
care provider with respect to such care under
the coverage.
‘‘(b) 
CONSTRUCTION.—Nothing 
in 
subsection
(a)(2)(B) shall waive any requirements of coverage relat-
ing to medical necessity or appropriateness with respect
to coverage of gynecologic care so ordered.
‘‘(c) PROHIBITIONS.—The provisions of paragraphs
(1) through (3) of section 2704(b) shall apply to a woman
under this section in the same manner as they apply to
a mother under section 2704.
‘‘(d) NOTICE.—A group health plan under this part
shall comply with the notice requirement under section
713(b) of the Employee Retirement Income Security Act
of 1974 with respect to the requirements of this section
as if such section applied to such plan.
‘‘(e) LEVEL
AND TYPE
OF REIMBURSEMENTS.—
Nothing in this section shall be construed to prevent a
group health plan or a health insurance issuer offering
group health insurance coverage from negotiating the level
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and type of reimbursement with a provider for care pro-
vided in accordance with this section.
‘‘(f) NON-PREEMPTION
OF
MORE
PROTECTIVE
STATE LAW WITH RESPECT
TO HEALTH INSURANCE
ISSUERS.—Notwithstanding section 2723(a)(1) but sub-
ject to section 2723(a)(2), this section shall not be con-
strued to supersede any provision of State law which es-
tablishes, implements, or continues in effect any standard
or requirement solely relating to health insurance issuers
in connection with group health insurance coverage that
provides greater protections to enrollees than the protec-
tions provided under this section.’’.
(B) Section 2723 of such Act (42 U.S.C.
300gg–23) is amended—
(i) in subsection (a)(1), by inserting
‘‘and section 2706(f)’’ after ‘‘Subject to
paragraph (2)’’, and
(ii) in subsection (c), by striking ‘‘sec-
tion 2704’’ and inserting ‘‘sections 2704
and 2706’’.
(2) ERISA AMENDMENTS.—(A) Subpart B of
part 7 of subtitle B of title I of the Employee Re-
tirement Income Security Act of 1974, as amended
by section 702(a) of Public Law 104–204, is amend-
ed by adding at the end the following new section:
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‘‘SEC. 713. STANDARDS RELATING TO ACCESS TO ROUTINE
AND PREVENTIVE OBSTETRICAL AND GYNE-
COLOGICAL SERVICES.
‘‘(a) IN GENERAL.—The provisions of section 2706
(other than subsections (d) and (f)) of the Public Health
Service Act shall apply to group health plans and health
insurance coverage offered by a health insurance issuer
in connection with a group health plan in the same man-
ner as it applies to health insurance coverage offered by
a health insurance issuer in connection with a group
health plan in the small or large group market.
‘‘(b) NOTICE.—The imposition of the requirements of
this section shall be treated as a material modification in
the terms of the plan described in section 102(a)(1), for
purposes of assuring notice of such requirements under
the plan; except that the summary description required to
be provided under the last sentence of section 104(b)(1)
with respect to such modification shall be provided by not
later than 60 days after the first day of the first plan
year in which such requirements apply.
‘‘(c) NON-PREEMPTION
OF
MORE
PROTECTIVE
STATE LAW WITH RESPECT
TO HEALTH INSURANCE
ISSUERS.—Notwithstanding section 731(a)(1) but subject
to section 731(a)(2), this section shall not be construed
to supersede any provision of State law which establishes,
implements, or continues in effect any standard or re-
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quirement solely relating to health insurance issuers in
connection with group health insurance coverage that pro-
vides greater protections to enrollees than the protections
provided under this section.’’.
(B) Section 731 of such Act (29 U.S.C.
1191) is amended—
(i) in subsection (a)(1), by inserting
‘‘and section 713(c)’’ after ‘‘Subject to
paragraph (2)’’, and
(ii) in subsection (c), by striking ‘‘sec-
tion 711’’ and inserting ‘‘sections 711 and
713’’.
(C) Section 732(a) of such Act (29 U.S.C.
1191a(a)), as amended by section 603(b)(2) of
Public Law 104–204, is amended by striking
‘‘section 711’’ and inserting ‘‘sections 711 and
713’’.
(D) The table of contents in section 1 of
such Act is amended by inserting after the item
relating to section 712 the following new item:
‘‘Sec. 713. Standards relating to access to routine and preventive obstetrical and
gynecological services.’’.
(b) INDIVIDUAL HEALTH INSURANCE.—(1) Part B
of title XXVII of the Public Health Service Act, as amend-
ed by section 605(a) of Public Law 104–204, is amended
by inserting after section 2751 the following new section:
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‘‘SEC. 2752. STANDARDS RELATING TO ACCESS TO ROUTINE
AND PREVENTIVE OBSTETRICAL AND GYNE-
COLOGICAL SERVICES.
‘‘(a) IN GENERAL.—The provisions of section 2706
(other than subsections (d) and (f)) shall apply to health
insurance coverage offered by a health insurance issuer
in the individual market in the same manner as it applies
to health insurance coverage offered by a health insurance
issuer in connection with a group health plan in the small
or large group market.
‘‘(b) NOTICE.—A health insurance issuer under this
part shall comply with the notice requirement under sec-
tion 713(b) of the Employee Retirement Income Security
Act of 1974 with respect to the requirements referred to
in subsection (a) as if such section applied to such issuer
and such issuer were a group health plan.
‘‘(c) NON-PREEMPTION
OF
MORE
PROTECTIVE
STATE LAW WITH RESPECT
TO HEALTH INSURANCE
ISSUERS.—Notwithstanding section 2762(a) but subject
to section 2762(b)(1), this section shall not be construed
to supersede any provision of State law which establishes,
implements, or continues in effect any standard or re-
quirement solely relating to health insurance issuers in
connection with group health insurance coverage that pro-
vides greater protections to enrollees than the protections
provided under this section.’’.
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(2) Section 2762 of such Act (42 U.S.C.
300gg–62) is amended—
(A) in subsection (a), by inserting ‘‘and
section 2752(c)’’ after ‘‘Subject to subsection
(b)’’, and
(B) in subsection (b)(2), as added by sec-
tion 605(b)(3)(B) of Public Law 104–204, by
striking ‘‘section 2751’’ and inserting ‘‘sections
2751 and 2752’’.
(c) APPLICATION
UNDER
MEDICARE
MANAGED
CARE.—
(1) IN GENERAL.—Section 1852(d) of the So-
cial Security Act (42 U.S.C. 1395w–22(d)) is
amended by adding at the end the following new
paragraph:
‘‘(5) ACCESS
TO
ROUTINE
AND
PREVENTIVE
OBSTETRICAL
AND
GYNECOLOGICAL
SERVICES.—A
Medicare+Choice organization shall meet the re-
quirements of section 2706 of the Public Health
Service Act with respect to individuals enrolled with
the organization under this part.’’.
(2) 
CONFORMING
AMENDMENT.—Section
1876(k)(4) of such Act (42 U.S.C. 1395mm(k)(4))
is amended by adding at the end the following new
subparagraph:
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‘‘(E) The requirement to provide access to
routine and preventive obstetrical and gyneco-
logical services under section 1852(d)(5).’’.
(d) MEDICAID MANAGED CARE.—Section 1932(b) of
the Social Security Act (42 U.S.C. 1396u–2(b)) is amend-
ed by adding at the end the following new paragraph:
‘‘(9) ACCESS
TO
ROUTINE
AND
PREVENTIVE
OBSTETRICAL AND GYNECOLOGICAL SERVICES.—
‘‘(A) IN GENERAL.—Each contract with a
managed care entity under section 1903(m) or
under section 1905(t)(3) shall require the entity
to meet the requirements of section 2706 of the
Public Health Service Act with respect to indi-
viduals enrolled with the organization under
this title.
‘‘(B) COST
SHARING.—Nothing in this
paragraph or section 2706(c) of the Public
Health Service Act shall be construed as au-
thorizing a health insurance issuer to impose
cost sharing with respect to the coverage de-
scribed in subparagraph (A) that is inconsistent
with the cost sharing that is otherwise per-
mitted under this title.
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‘‘(C) WAIVERS PROHIBITED.—The require-
ment of subparagraph (A) may not be waived
under section 1115 or section 1915(b).’’.
(e) EFFECTIVE DATES.—
(1) GROUP HEALTH PLANS.—The amendments
made by subsection (a) shall apply with respect to
group health plans for plan years beginning on or
after January 1, 1999; except that the special rules
under section 102(c)(3) of the Health Insurance
Portability and Accountability Act of 1996 (relating
to collective bargaining agreements) shall apply to
the effectiveness of such amendments as if any ref-
erence in such section to ‘‘July 1, 1997’’ were
deemed a reference to ‘‘January 1, 1999’’.
(2) INDIVIDUAL
HEALTH
INSURANCE.—The
amendments made by subsection (b) shall apply with
respect to health insurance coverage offered, sold,
issued, renewed, in effect, or operated in the individ-
ual market on or after January 1, 1999.
(3) MEDICARE.—The amendments made by
subsection (c) shall apply to Medicare+Choice orga-
nizations and eligible organizations for contract
years beginning on or after January 1, 1999.
(4) MEDICAID.—The amendment made by sub-
section (d) shall apply to State plans under title
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XIX of the Social Security Act for contract years be-
ginning on or after January 1, 1999.
SEC. 702. Section 4 of the Federal Cigarette Label-
ing and Advertising Act (15 U.S.C. 1333) is amended—
(1) in subsection (a)(1), by adding at the end
the following:
‘‘SURGEON GENERAL’S WARNING: Afri-
can Americans suffer the highest death rates from
several diseases caused by smoking.’’;
(2) in subsection (a)(2), by adding at the end
the following:
‘‘SURGEON GENERAL’S WARNING: Afri-
can Americans suffer the highest death rates from
several diseases caused by smoking.’’; and
(3) in subsection (a)(3), by adding at the end
the following:
‘‘SURGEON GENERAL’S WARNING: Afri-
can Americans suffer the highest death rates from
several diseases caused by smoking.’’.
This Act may be cited as the ‘‘Departments of Labor,
Health and Human Services, and Education, and Related
Agencies Appropriations Act, 1999’’.