H. R. 3064—54
the Hospital Insurance Trust Fund and the Supplemental Medical
Insurance Trust Fund: Provided, That $450,000 shall be for a
contract with the National Academy of Sciences to conduct a study
of the proposed tuberculosis standard promulgated by the Occupa-
tional Safety and Health Administration: Provided further, That
said contract shall be awarded not later than 60 days after the
enactment of this Act: Provided further, That said study shall
be submitted to the Congress not later than 12 months after award
of the contract: Provided further, That of the funds made available
under this heading for carrying out title XX of the Public Health
Service Act, $10,569,000 shall be for activities specified under sec-
tion 2003(b)(2), of which $9,131,000 shall be for prevention service
demonstration grants under section 510(b)(2) of title V of the Social
Security Act, as amended, without application of the limitation
of section 2010(c) of said title XX: Provided further, That $2,000,000
shall be available to the Office of the Surgeon General, within
the Office of Public Health and Science, to prepare and disseminate
the findings of the Surgeon General’s report on youth violence,
and to coordinate with other agencies throughout the Federal
Government, through the establishment of a Federal Coordinating
Committee, activities to prevent youth violence: Provided further,
That the Secretary may transfer a portion of such funds to other
Federal entities for youth violence prevention coordination activi-
ties.
OFFICE OF INSPECTOR GENERAL
For expenses necessary for the Office of Inspector General
in carrying out the provisions of the Inspector General Act of
1978, as amended, $31,500,000.
OFFICE FOR CIVIL RIGHTS
For expenses necessary for the Office for Civil Rights,
$18,338,000, together with not to exceed $3,314,000, to be trans-
ferred and expended as authorized by section 201(g)(1) of the Social
Security Act from the Hospital Insurance Trust Fund and the
Supplemental Medical Insurance Trust Fund.
POLICY RESEARCH
For carrying out, to the extent not otherwise provided, research
studies under section 1110 of the Social Security Act, $17,000,000.
RETIREMENT PAY AND MEDICAL BENEFITS FOR COMMISSIONED
OFFICERS
For retirement pay and medical benefits of Public Health
Service Commissioned Officers as authorized by law, for payments
under the Retired Serviceman’s Family Protection Plan and Sur-
vivor Benefit Plan, for medical care of dependents and retired
personnel under the Dependents’ Medical Care Act (10 U.S.C. ch.
55), and for payments pursuant to section 229(b) of the Social
Security Act (42 U.S.C. 429(b)), such amounts as may be required
during the current fiscal year.
H. R. 3064—55
PUBLIC HEALTH AND SOCIAL SERVICES EMERGENCY FUND
For expenses necessary to support activities related to coun-
tering potential biological, disease and chemical threats to civilian
populations, $181,600,000: Provided, That this amount is distrib-
uted as follows: Centers for Disease Control and Prevention,
$122,000,000, of which $30,000,000 shall be for the Health Alert
Network, $1,000,000 shall be for the Carnegie Mellon Research
Institute, $1,000,000 shall be for the St. Louis University School
of Public Health, $1,000,000 shall be for the University of Texas
Medical Branch at Galveston, and $1,000,000 shall be for the Johns
Hopkins University Center for Civilian Biodefense; Office of the
Secretary, $30,000,000, Agency for Health Care Policy and
Research, $5,000,000, and Office of Emergency Preparedness,
$24,600,000. In addition, for expenses necessary for the portion
of the Global Health Initiative conducted by the Centers for Disease
Control and Prevention, $69,000,000: Provided further, That this
amount is distributed as follows: $35,000,000 shall be for inter-
national HIV/AIDS programs, $9,000,000 shall be for malaria pro-
grams, $5,000,000 shall be for global micronutrient malnutrition
programs and $20,000,000 shall be for carrying out polio eradication
activities. In addition, $150,000,000 for carrying out the Depart-
ment’s Year 2000 computer conversion activities, $5,000,000 for
the environmental health laboratory at the Centers for Disease
Control and Prevention, $35,000,000 for minority AIDS prevention
and treatment activities, $20,000,000 for the National Institutes
of Health challenge grant program, and $50,000,000 to support
the Ricky Ray Hemophilia Relief Fund Act of 1998: Provided further,
That notwithstanding any other provision of law, up to $10,000,000
of the amount provided for the Ricky Ray Hemophilia Relief Fund
Act may be available for administrative expenses: Provided further,
That the entire amount under this heading is hereby designated
by the Congress to be emergency requirements pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control
Act of 1985, as amended: Provided further, That the entire amount
under this heading shall be made available only after submission
to the Congress of a formal budget request by the President that
includes designation of the entire amount of the request as an
emergency requirement as defined in the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended: Provided fur-
ther, That no funds shall be obligated until the Department of
Health and Human Services submits an operating plan to the
House and Senate Committees on Appropriations.
GENERAL PROVISIONS
SEC. 201. Funds appropriated in this title shall be available
for not to exceed $37,000 for official reception and representation
expenses when specifically approved by the Secretary.
SEC. 202. The Secretary shall make available through assign-
ment 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 Emer-
gency Fund or the World Health Organization.
SEC. 203. None of the funds appropriated under this Act may
be used to implement section 399L(b) of the Public Health Service
H. R. 3064—56
Act or section 1503 of the National Institutes of Health Revitaliza-
tion Act of 1993, Public Law 103–43.
SEC. 204. None of the funds appropriated in this Act for the
National Institutes of Health and the Substance Abuse and Mental
Health Services Administration shall be used to pay the salary
of an individual, through a grant or other extramural mechanism,
at a rate in excess of Executive Level II.
SEC. 205. None of the funds appropriated in this Act may
be expended pursuant to section 241 of the Public Health Service
Act, except for funds specifically provided for in this Act, or for
other taps and assessments made by any office located in the
Department of Health and Human Services, prior to the Secretary’s
preparation and submission of a report to the Committee on Appro-
priations of the Senate and of the House detailing the planned
uses of such funds.
(TRANSFER OF FUNDS)
SEC. 206. Not to exceed 1 percent of any discretionary funds
(pursuant to the Balanced Budget and Emergency Deficit Control
Act of 1985, as amended) which are appropriated for the current
fiscal year for the Department of Health and Human Services
in this Act may be transferred between appropriations, but no
such appropriation shall be increased by more than 3 percent by
any such transfer: Provided, That the Appropriations Committees
of both Houses of Congress are notified at least 15 days in advance
of any transfer.
SEC. 207. The Director of the National Institutes of Health,
jointly with the Director of the Office of AIDS Research, may
transfer up to 3 percent among institutes, centers, and divisions
from the total amounts identified by these two Directors as funding
for research pertaining to the human immunodeficiency virus: Pro-
vided, That the Congress is promptly notified of the transfer.
SEC. 208. Of the amounts made available in this Act for the
National Institutes of Health, the amount for research related to
the human immunodeficiency virus, as jointly determined by the
Director of the National Institutes of Health and the Director of
the Office of AIDS Research, shall be made available to the ‘‘Office
of AIDS Research’’ account. The Director of the Office of AIDS
Research shall transfer from such account amounts necessary to
carry out section 2353(d)(3) of the Public Health Service Act.
SEC. 209. None of the funds appropriated in this Act may
be made available to any entity under title X of the Public Health
Service Act unless the applicant for the award certifies to the
Secretary that it encourages family participation in the decision
of minors to seek family planning services and that it provides
counseling to minors on how to resist attempts to coerce minors
into engaging in sexual activities.
SEC. 210. (a) The final rule entitled ‘‘Organ Procurement and
Transplantation Network’’, promulgated by the Secretary of Health
and Human Services on April 2, 1998 (63 Fed. Reg. 16295 et
seq.) (relating to part 121 of title 42, Code of Federal Regulations),
together with the amendments to such rules promulgated on
October 20, 1999 (64 Fed. Reg. 56649 et seq.) shall not become
effective before the expiration of the 90 day period beginning on
the date of the enactment of this Act.
(b) For purposes of subsection (a):
H. R. 3064—57
(1) Not later than 3 days after the date of the enactment
of this Act, the Secretary of Health and Human Services
(referred to in this section as the ‘‘Secretary’’) shall publish
in the Federal Register a notice providing that the period
within which comments on the final rule may be submitted
to the Secretary is 60 days after the date of such publication
of the notice.
(2) Not later than 21 days after the expiration of such
60-day period, the Secretary shall complete the review of the
comments submitted pursuant to paragraph (1) and shall
amend the final rule with any revisions appropriate according
to the review by the Secretary of such comments. The final
rule may be in the form of amendments to the rule referred
to in subsection (a) that was promulgated on April 2, 1998,
and in the form of amendments to the rule referred to in
such subsection that was promulgated on October 20, 1999.
SEC. 211. None of the funds appropriated by this Act (including
funds appropriated to any trust fund) may be used to carry out
the Medicare+Choice program if the Secretary denies participation
in such program to an otherwise eligible entity (including a Provider
Sponsored Organization) because the entity informs the Secretary
that it will not provide, pay for, provide coverage of, or provide
referrals for abortions: Provided, That the Secretary shall make
appropriate prospective adjustments to the capitation payment to
such an entity (based on an actuarially sound estimate of the
expected costs of providing the service to such entity’s enrollees):
Provided further, That nothing in this section shall be construed
to change the Medicare program’s coverage for such services and
a Medicare+Choice organization described in this section shall be
responsible for informing enrollees where to obtain information
about all Medicare covered services.
SEC. 212. (a) MENTAL HEALTH.—Section 1918(b) of the Public
Health Service Act (42 U.S.C. 300x–7(b)) is amended to read as
follows:
‘‘(b) MINIMUM ALLOTMENTS FOR STATES.—With respect to fiscal
year 2000, the amount of the allotment of a State under section
1911 shall not be less than the amount the State received under
section 1911 for fiscal year 1998.’’.
(b) SUBSTANCE ABUSE.—Section 1933(b) of the Public Health
Service Act (42 U.S.C. 300x–33(b)) is amended to read as follows:
‘‘(b) MINIMUM ALLOTMENTS FOR STATES.—Each State’s allot-
ment for fiscal year 2000 for programs under this subpart shall
be equal to such State’s allotment for such programs for fiscal
year 1999, except that, if the amount appropriated in fiscal year
2000 is less than the amount appropriated in fiscal year 1999,
then the amount of a State’s allotment under section 1921 shall
be equal to the amount that the State received under section
1921 in fiscal year 1999 decreased by the percentage by which
the amount appropriated for fiscal year 2000 is less than the
amount appropriated for such section for fiscal year 1999.’’.
SEC. 213. Notwithstanding any other provision of law, no pro-
vider 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.