[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4274 Reported in House (RH)]





                                                 Union Calendar No. 356

105th CONGRESS

  2d Session

                               H. R. 4274

                          [Report No. 105-635]

_______________________________________________________________________

                                 A BILL

 Making appropriations for the Departments of Labor, Health and Human 
   Services, and Education, and related agencies for the fiscal year 
           ending September 30, 1999, and for other purposes.

_______________________________________________________________________

                             July 20, 1998

    Reported from the Committee on Appropriations, committed to the 
Committee of the Whole House on the State of the Union, and ordered to 
                               be printed
                                                 Union Calendar No. 356
105th CONGRESS
  2d Session
                                H.R. 4274

                          [Report No. 105-635]

 Making appropriations for the Departments of Labor, Health and Human 
   Services, and Education, and related agencies for the fiscal year 
           ending September 30, 1999, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 20, 1998

    Mr. Porter, from the Committee on Appropriations, reported the 
following bill; which was committed to the Committee of the Whole House 
          on the State of the Union and ordered to be printed

_______________________________________________________________________

                                 A BILL


 
 Making appropriations for the Departments of Labor, Health and Human 
   Services, and Education, and related agencies for the fiscal year 
           ending September 30, 1999, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, That the following sums 
are appropriated, out of any money in the Treasury not otherwise 
appropriated, for the Departments of Labor, Health and Human Services, 
and Education, and related agencies for the fiscal year ending 
September 30, 1999, and for other purposes, namely:

                      TITLE I--DEPARTMENT OF LABOR

                 Employment and Training Administration

                    training and employment services

                         (including rescission)

    For necessary expenses of the Job Training Partnership Act, as 
amended, including the purchase and hire of passenger motor vehicles, 
the construction, alteration, and repair of buildings and other 
facilities, and the purchase of real property for training centers as 
authorized by the Job Training Partnership Act; the Stewart B. McKinney 
Homeless Assistance Act; the Women in Apprenticeship and Nontraditional 
Occupations Act; the National Skill Standards Act of 1994; and the 
School-to-Work Opportunities Act; $4,000,873,000 plus reimbursements, 
of which $3,771,654,000 is available for obligation for the period July 
1, 1999 through June 30, 2000; of which $150,572,000 is available for 
the period July 1, 1999 through June 30, 2002 for necessary expenses of 
construction, rehabilitation, and acquisition of Job Corps centers; and 
of which $75,000,000 shall be available from July 1, 1999 through 
September 30, 2000, for carrying out activities of the School-to-Work 
Opportunities Act: Provided, That $53,815,000 shall be for carrying out 
section 401 of the Job Training Partnership Act, $71,017,000 shall be 
for carrying out section 402 of such Act, $7,300,000 shall be for 
carrying out section 441 of such Act, $5,000,000 shall be for all 
activities conducted by and through the National Occupational 
Information Coordinating Committee under such Act, $955,000,000 shall 
be for carrying out title II, part A of such Act, and $129,965,000 
shall be for carrying out title II, part C of such Act: Provided 
further, That the National Occupational Information Coordinating 
Committee is authorized, effective upon enactment, to charge fees for 
publications, training and technical assistance developed by the 
National Occupational Information Coordinating Committee: Provided 
further, That revenues received from publications and delivery of 
technical assistance and training, notwithstanding 31 U.S.C. 3302, 
shall be credited to the National Occupational Information Coordinating 
Committee program account and shall be available to the National 
Occupational Information Coordinating Committee without further 
appropriations, so long as such revenues are used for authorized 
activities of the National Occupational Information Coordinating 
Committee: Provided further, That no funds from any other appropriation 
shall be used to provide meal services at or for Job Corps centers: 
Provided further, That funds provided for title III of the Job Training 
Partnership Act shall not be subject to the limitation contained in 
subsection (b) of section 315 of such Act; that the waiver described in 
section 315(a)(2) may be granted if a substate grantee demonstrates to 
the Governor that such waiver is appropriate due to the availability of 
low-cost retraining services, is necessary to facilitate the provision 
of needs-related payments to accompany long-term training, or is 
necessary to facilitate the provision of appropriate basic readjustment 
services; and that funds provided for discretionary grants under part B 
of such title III may be used to provide needs-related payments to 
participants who, in lieu of meeting the enrollment requirements under 
section 314(e) of such Act, are enrolled in training by the end of the 
sixth week after grant funds have been awarded: Provided further, That 
service delivery areas and substate areas may transfer up to 20 percent 
of the funding provided herein under authority of title II, part A and 
title III of the Job Training Partnership Act between the programs 
authorized by those titles of the Act, if such transfer is approved by 
the Governor: Provided further, That, notwithstanding any other 
provision of law, any proceeds from the sale of Job Corps center 
facilities shall be retained by the Secretary of Labor to carry out the 
Job Corps program: Provided further, That notwithstanding any other 
provision of law, the Secretary of Labor may waive any of the statutory 
or regulatory requirements of titles I-III of the Job Training 
Partnership Act (except for requirements relating to wage and labor 
standards, worker rights, participation and protection, grievance 
procedures and judicial review, nondiscrimination, allocation of funds 
to local areas, eligibility, review and approval of plans, the 
establishment and functions of service delivery areas and private 
industry councils, and the basic purposes of the Act), and any of the 
statutory or regulatory requirements of sections 8-10 of the Wagner-
Peyser Act (except for requirements relating to the provision of 
services to unemployment insurance claimants and veterans, and to 
universal access to basic labor exchange services without cost to job 
seekers), only for funds available for expenditure in program year 
1999, pursuant to a request submitted by a State which identifies the 
statutory or regulatory requirements that are requested to be waived 
and the goals which the State or local service delivery areas intend to 
achieve, describes the actions that the State or local service delivery 
areas have undertaken to remove State or local statutory or regulatory 
barriers, describes the goals of the waiver and the expected 
programmatic outcomes if the request is granted, describes the 
individuals impacted by the waiver, and describes the process used to 
monitor the progress in implementing a waiver, and for which notice and 
an opportunity to comment on such request has been provided to the 
organizations identified in section 105(a)(1) of the Job Training 
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 
requiring such State to meet agreed upon outcomes and implement other 
appropriate measures to ensure accountability.
    Of the funds made available beginning on October 1, 1998 under this 
heading in Public Law 105-78 for Opportunity 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 contracts with 
public agencies and public or private nonprofit organizations under 
paragraph (1)(A) of section 506(a) of title V of the Older Americans 
Act of 1965, as amended, or to carry out older worker activities as 
subsequently authorized, $343,356,000.
    To carry out the activities for grants to States under paragraph 
(3) of section 506(a) of title V of the Older Americans Act of 1965, as 
amended, or to carry out older worker activities as subsequently 
authorized, $96,844,000.

              federal unemployment benefits and allowances

    For payments during the current fiscal year of trade adjustment 
benefit payments and allowances under part I; and for training, 
allowances for job search and relocation, and related State 
administrative expenses under part II, subchapters B and D, chapter 2, 
title II of the Trade Act of 1974, as amended, $360,700,000, together 
with such amounts as may be necessary to be charged to the subsequent 
appropriation for payments for any period subsequent to September 15 of 
the current year.

     state unemployment insurance and employment service operations

    For authorized administrative expenses, $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 employment service agencies prior to 
1980), which may be expended from the Employment Security 
Administration account in the Unemployment Trust Fund including the 
cost of administering section 1201 of the Small Business Job Protection 
Act of 1996, section 7(d) of the Wagner-Peyser Act, as amended, the 
Trade Act of 1974, as amended, 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 available in the 
allocation for activities authorized by title III of the Social 
Security Act, as amended (42 U.S.C. 502-504), and the sums available in 
the allocation for necessary administrative expenses for carrying out 5 
U.S.C. 8501-8523, shall be available for obligation by the States 
through December 31, 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 purpose, 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 Insured 
Unemployment (AWIU) for fiscal year 1999 is projected 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 a pro rata amount for any increment less than 100,000) from 
the Employment Security Administration Account of the Unemployment 
Trust Fund: Provided further, That funds appropriated in this Act which 
are used to establish a national one-stop career center network may be 
obligated in contracts, grants or agreements with non-State entities: 
Provided further, That funds appropriated under this Act for activities 
authorized under the Wagner-Peyser Act, as amended, and title III of 
the Social Security Act, may be used by the States to fund integrated 
Employment Service and Unemployment Insurance automation efforts, 
notwithstanding cost allocation principles prescribed under Office of 
Management and Budget Circular A-87.

        advances to the unemployment trust fund and other funds

    For repayable advances to the Unemployment Trust Fund as authorized 
by sections 905(d) and 1203 of the Social Security Act, as amended, and 
to the Black Lung Disability Trust Fund as authorized by section 
9501(c)(1) of the Internal Revenue Code of 1954, as amended; and for 
nonrepayable advances to the Unemployment Trust Fund as authorized by 
section 8509 of title 5, United States Code, and to the ``Federal 
unemployment benefits and allowances'' account, to remain available 
until September 30, 2000, $357,000,000.
    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 training programs, 
$93,995,000, including $6,360,000 to support up to 75 full-time 
equivalent staff, the majority of which will be term Federal 
appointments lasting no more than two years, to administer welfare-to-
work grants, together with not to exceed $43,716,000, which may be 
expended from the Employment Security Administration account in the 
Unemployment Trust Fund.

              Pension and Welfare Benefits Administration

                         salaries and expenses

    For necessary expenses for the Pension and Welfare Benefits 
Administration, $86,159,000.

                  Pension Benefit Guaranty Corporation

               pension benefit guaranty corporation fund

    The Pension Benefit Guaranty Corporation is authorized to make such 
expenditures, including financial assistance authorized by section 104 
of Public Law 96-364, within limits of funds and borrowing authority 
available to such Corporation, and in accord with law, and to make such 
contracts and commitments without regard to fiscal year limitations as 
provided by section 104 of the Government Corporation Control Act, as 
amended (31 U.S.C. 9104), as may be necessary in carrying out the 
program through September 30, 1999, for such Corporation: Provided, 
That not to exceed $10,958,000 shall be available for administrative 
expenses of the Corporation: Provided further, That expenses of such 
Corporation in connection with the termination of pension plans, for 
the acquisition, protection or management, and investment of trust 
assets, and for benefits administration services shall be considered as 
non-administrative expenses for the purposes hereof, and excluded from 
the above limitation.

                  Employment Standards Administration

                         salaries and expenses

    For necessary expenses for the Employment Standards Administration, 
including reimbursement to State, Federal, and local agencies and their 
employees for inspection services rendered, $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: Provided, That $1,500,000 shall be for the 
development of an alternative system for the electronic submission of 
reports as required to be filed under the Labor-Management Reporting 
and Disclosure Act of 1959, as amended, and for a computer database of 
the information for each submission by whatever means, that is indexed 
and easily searchable by the public via the Internet: Provided further, 
That the Secretary of Labor is authorized to accept, retain, and spend, 
until expended, in the name of the Department of Labor, all sums of 
money ordered to be paid to the Secretary of Labor, in accordance with 
the terms of the Consent Judgment in Civil Action No. 91-0027 of the 
United States District Court for the District of the Northern Mariana 
Islands (May 21, 1992): Provided further, That the Secretary of Labor 
is authorized to establish and, in accordance with 31 U.S.C. 3302, 
collect and deposit in the Treasury fees for processing applications 
and issuing certificates under sections 11(d) and 14 of the Fair Labor 
Standards Act of 1938, as amended (29 U.S.C. 211(d) and 214) and for 
processing applications and issuing registrations under title I of the 
Migrant and Seasonal Agricultural Worker Protection Act (29 U.S.C. 1801 
et seq.).

                            special benefits

                     (including transfer of funds)

    For the payment of compensation, benefits, and expenses (except 
administrative expenses) accruing during the current or any prior 
fiscal year authorized by title 5, chapter 81 of the United States 
Code; continuation of benefits as provided for under the head 
``Civilian War Benefits'' in the Federal Security Agency Appropriation 
Act, 1947; the Employees' Compensation Commission Appropriation Act, 
1944; sections 4(c) and 5(f) of the War Claims Act of 1948 (50 U.S.C. 
App. 2012); and 50 percent of the additional compensation and benefits 
required by section 10(h) of the Longshore and Harbor Workers' 
Compensation Act, as amended, $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 
subsequent to August 15 of the current year: Provided, That amounts 
appropriated may be used under section 8104 of title 5, United States 
Code, by the Secretary of Labor to reimburse an employer, who is not 
the employer at the time of injury, for portions of the salary of a 
reemployed, disabled beneficiary: Provided further, That balances of 
reimbursements unobligated on September 30, 1998, shall remain 
available until expended for the payment of compensation, benefits, and 
expenses: Provided further, That in addition there shall be transferred 
to this appropriation from the Postal Service and from any other 
corporation or instrumentality required under section 8147(c) of title 
5, United States Code, to pay an amount for its fair share of the cost 
of administration, such sums as the Secretary determines to be the cost 
of administration for employees of such fair share entities through 
September 30, 1999: Provided further, That of those funds transferred 
to this account from the fair share entities to pay the cost of 
administration, $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 
9501(c)(2) of that Act, and of which $30,191,000 shall be available for 
transfer to Employment Standards Administration, Salaries and Expenses, 
$20,422,000 for transfer to Departmental Management, Salaries and 
Expenses, $306,000 for transfer to Departmental Management, Office of 
Inspector General, and $356,000 for payment into miscellaneous receipts 
for the expenses of the Department of Treasury, for expenses of 
operation and administration of the Black Lung Benefits program as 
authorized by section 9501(d)(5)(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 occupational 
safety and health programs required to be incurred under plans approved 
by the Secretary under section 18 of the Occupational Safety and Health 
Act of 1970, and 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 Occupational Safety and Health 
Administration may retain up to $750,000 per fiscal year of training 
institute course tuition fees, otherwise authorized by law to be 
collected, and may utilize such sums for occupational safety and health 
training and education grants: Provided, That, notwithstanding 31 
U.S.C. 3302, the Secretary of Labor is authorized, during the fiscal 
year ending September 30, 1999, to collect and retain fees for services 
provided to Nationally Recognized Testing Laboratories, and may utilize 
such sums, in accordance with the provisions of 29 U.S.C. 9a, to 
administer national and international laboratory recognition programs 
that ensure the safety of equipment and products used by workers in the 
workplace: Provided further, That none of the funds appropriated under 
this paragraph shall be obligated or expended to prescribe, issue, 
administer, or enforce any standard, rule, regulation, or order under 
the Occupational Safety and Health Act of 1970 which is applicable to 
any person who is engaged in a farming operation which does not 
maintain a temporary labor camp and employs ten or fewer employees: 
Provided further, That no funds appropriated under this paragraph shall 
be obligated or expended to administer or enforce any standard, rule, 
regulation, or order under the Occupational Safety and Health Act of 
1970 with respect to any employer of ten or fewer employees who is 
included within a category having an occupational injury lost workday 
case rate, at the most precise Standard Industrial Classification Code 
for which such data are published, less than the national average rate 
as such rates are most recently published by the Secretary, acting 
through the Bureau of Labor Statistics, in accordance with section 24 
of that Act (29 U.S.C. 673), except--
            (1) to provide, as authorized by such Act, consultation, 
        technical assistance, educational and training services, and to 
        conduct surveys and studies;
            (2) to conduct an inspection or investigation in response 
        to an employee complaint, to issue a citation for violations 
        found during such inspection, and to assess a penalty for 
        violations which are not corrected within a reasonable 
        abatement period and for any willful violations found;
            (3) to take any action authorized by such Act with respect 
        to imminent dangers;
            (4) to take any action authorized by such Act with respect 
        to health hazards;
            (5) to take any action authorized by such Act with respect 
        to a report of an employment accident which is fatal to one or 
        more employees or which results in hospitalization of two or 
        more employees, and to take any action pursuant to such 
        investigation authorized by such Act; and
            (6) to take any action authorized by such Act with respect 
        to complaints of discrimination against employees for 
        exercising rights under such Act: Provided further, That the 
        foregoing proviso shall not apply to any person who is engaged 
        in a farming operation which does not maintain a temporary 
        labor camp and employs ten or fewer employees.

                 Mine Safety and Health Administration

                         salaries and expenses

    For necessary expenses for the Mine Safety and Health 
Administration, $203,397,000, including purchase and bestowal of 
certificates and trophies in connection with mine rescue and first-aid 
work, and the hire of passenger motor vehicles; 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 education and training activities, 
notwithstanding 31 U.S.C. 3302; the Secretary is authorized to accept 
lands, buildings, equipment, and other contributions from public and 
private sources and to prosecute projects in cooperation with other 
agencies, Federal, State, or private; the Mine Safety and Health 
Administration is authorized to promote health and safety education and 
training in the mining community through cooperative programs with 
States, industry, and safety associations; and any funds available to 
the Department may be used, with the approval of the Secretary, to 
provide for the costs of mine rescue and survival operations in the 
event of a major disaster: Provided, That none of the funds 
appropriated under this paragraph shall be obligated or expended to 
carry out section 115 of the Federal Mine Safety and Health Act of 1977 
or to carry out that portion of section 104(g)(1) of such Act relating 
to the enforcement of any training requirements, with respect to shell 
dredging, or with respect to any sand, gravel, surface stone, surface 
clay, colloidal phosphate, or surface limestone mine.

                       Bureau of Labor Statistics

                         salaries and expenses

    For necessary expenses for the Bureau of Labor Statistics, 
including advances or reimbursements to State, Federal, and local 
agencies and their employees for services rendered, $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 
with not to exceed $54,146,000, which may be expended from the 
Employment Security Administration account in the Unemployment Trust 
Fund.

                        Departmental Management

                         salaries and expenses

    For necessary expenses for Departmental Management, including the 
hire of three sedans, and including up to $4,679,000 for the 
President's Committee on Employment of People With Disabilities, 
$163,471,000; together with not to exceed $299,000, which may be 
expended from the Employment Security Administration account in the 
Unemployment Trust Fund: Provided, That no funds made available by this 
Act may be used by the Solicitor of Labor to participate in a review in 
any United States court of appeals of any decision made by the Benefits 
Review Board under section 21 of the Longshore and Harbor Workers' 
Compensation Act (33 U.S.C. 921) where such participation is precluded 
by the decision of the United States Supreme Court in Director, Office 
of Workers' Compensation Programs v. Newport News Shipbuilding, 115 S. 
Ct. 1278 (1995): Provided further, That no funds made available by this 
Act may be used by the Secretary of Labor to review a decision under 
the Longshore and Harbor Workers' Compensation Act (33 U.S.C. 901 et 
seq.) that has been appealed and that has been pending before the 
Benefits Review Board for more than 12 months: Provided further, That 
any such decision pending a review by the Benefits Review Board for 
more than one year shall be considered affirmed by the Benefits Review 
Board on 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 Unemployment 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.

                           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 discretionary funds 
(pursuant to the Balanced Budget and Emergency Deficit Control Act, as 
amended) which are appropriated for the current fiscal year for the 
Department of Labor in this Act may be transferred between 
appropriations, but no such appropriation shall be increased by more 
than 3 percent by any such transfer: Provided, That the Appropriations 
Committees of both Houses of Congress are notified at least fifteen 
days in advance of any transfer.
    Sec. 103. Funds shall be available for carrying out title IV-B of 
the Job Training Partnership Act, notwithstanding 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 Secretary of Labor 
determines that a standard should be promulgated 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 
of the Secretary to appoint an advisory committee described 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 represented 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 
interest 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 submitted 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.
    (e) Ergonomics.--None of the provisions of this section 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 Regulatory 
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 regulatory flexibility) and the Small Business 
Regulatory Enforcement Fairness Act of 1996.
    (b) After a certification is made pursuant to subsection (a), the 
Department of Labor shall permit the submission of public comments on 
the proposed rules for an additional 60 days beginning on the date of 
the certification.
    This title may be cited as the ``Department of Labor Appropriations 
Act, 1999''.

           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 Division of 
Federal Occupational Health may utilize personal services contracting 
to employ professional management/administrative and occupational 
health professionals: Provided further, That of the funds made 
available under this heading, $250,000 shall be available until 
expended for facilities renovations at the Gillis W. Long Hansen's 
Disease Center: Provided further, That in addition to fees authorized 
by section 427(b) of the Health Care Quality Improvement Act of 1986, 
fees shall be collected for the full disclosure of information under 
the Act sufficient to recover the full costs of operating the National 
Practitioner Data Bank, and shall remain available until expended to 
carry out that Act: Provided further, That no more than $5,000,000 is 
available for carrying out the provisions of Public Law 104-73: 
Provided further, That of the funds made available under this heading, 
$202,903,000 shall be for the program under title X of the Public 
Health Service Act to provide for voluntary family planning projects: 
Provided further, That amounts provided to said projects under such 
title shall not be expended for abortions, that all pregnancy 
counseling shall be nondirective, and that such amounts shall not be 
expended for any activity (including the publication or distribution of 
literature) that in any way tends to promote public support or 
opposition to any legislative proposal or candidate for public office: 
Provided further, That $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 continue 
operating the Council on Graduate Medical Education 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 national significance pursuant to section 501(a)(2) of 
such Act.

               medical facilities guarantee and loan fund

           federal interest subsidies for medical facilities

    For carrying out subsections (d) and (e) of section 1602 of the 
Public Health Service Act, $1,000,000, together with any amounts 
received by the Secretary in connection with loans and loan guarantees 
under title VI of the Public Health Service Act, to be 
available without fiscal year limitation for the payment of interest 
subsidies. During the fiscal year, no commitments for direct loans or 
loan guarantees shall be made.

               health education assistance loans program

    Such sums as may be necessary to carry out the purpose of the 
program, as authorized by Title VII of the Public Health Service Act, 
as amended. For administrative expenses to carry out the guaranteed 
loan program, including section 709 of the Public Health Service Act, 
$3,688,000.

             vaccine injury compensation program trust fund

    For payments from the Vaccine Injury Compensation Program Trust 
Fund, such sums as may be necessary for claims associated with vaccine-
related injury or death with respect to vaccines administered after 
September 30, 1988, pursuant to subtitle 2 of title XXI of the Public 
Health Service Act, to remain available until expended: Provided, That 
for necessary administrative expenses, not to exceed $3,000,000 shall 
be available from the Trust Fund to the Secretary of Health and Human 
Services.

               Centers for Disease Control and Prevention

                disease control, research, and training

    To carry out titles II, III, VII, XI, XV, XVII, 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; including insurance of official motor 
vehicles in foreign countries; and hire, maintenance, and operation of 
aircraft, $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 Center 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 the funds made available for injury 
prevention and control at the Centers for Disease Control and 
Prevention may be used to advocate or promote gun control: Provided 
further, That the Director may redirect the total amount made available 
under authority of Public Law 101-502, section 3, dated November 3, 
1990, to activities the Director may so designate: Provided further, 
That the Congress is to be notified promptly of any such transfer.
    In addition, $51,000,000, to be derived from the Violent Crime 
Reduction Trust Fund, for carrying out sections 40151 and 40261 of 
Public Law 103-322.

                     National Institutes of Health

                       national cancer institute

    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to cancer, $2,787,830,000.

               national heart, lung, and blood institute

    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to cardiovascular, lung, and blood diseases, 
and blood and blood products, $1,720,344,000.

         national institute of dental and craniofacial research

    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to dental disease, $228,961,000.

    national institute of diabetes and digestive and kidney diseases

    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to diabetes and digestive and kidney disease, 
$951,203,000.

        national institute of neurological disorders and stroke

    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to neurological disorders and stroke, 
$851,066,000.

         national institute of allergy and infectious diseases

    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to allergy and infectious diseases, 
$1,470,460,000.

             national institute of general medical sciences

    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to general medical sciences, $1,150,840,000.

        national institute of child health and human development

    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to child health and human development, 
$728,817,000.

                         national eye institute

    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to eye diseases and visual disorders, 
$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 environmental health sciences, 
$356,047,000.

                      national institute on aging

    For carrying out section 301 and title IV of the Public 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 Public Health 
Service Act with respect to arthritis and musculoskeletal and skin 
diseases, $296,668,000.

    national institute on deafness and other communication disorders

    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to deafness and other communication disorders, 
$216,995,000.

                 national institute of nursing research

    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to nursing research, $68,198,000.

           national institute on alcohol abuse and alcoholism

    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to alcohol abuse and alcoholism, $248,778,000.

                    national institute on drug abuse

    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to drug abuse, $575,426,000.

                  national institute of mental health

    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to mental health, $815,707,000.

                national human genome research institute

    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to human genome research, $246,111,000.

                 national center for research resources

    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to research resources and general research 
support grants, $513,948,000: Provided, That none of these funds shall 
be used to pay recipients of the general research support grants 
program any amount for indirect expenses in connection with such 
grants: Provided further, That $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 Public 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 information systems: Provided, That in fiscal year 1999, 
the Library may enter into personal services contracts for the 
provision of services in facilities owned, operated, or constructed 
under the jurisdiction of the National Institutes of Health.

                         office of the director

                     (including transfer of funds)

    For carrying out the responsibilities of the Office of the 
Director, National Institutes of Health, $254,145,000, of which 
$41,752,000 shall be for the Office of AIDS Research: Provided, That 
funding shall be available for the purchase of not to exceed twenty-
nine passenger motor vehicles for replacement only: Provided further, 
That the Director may direct up to 1 percent of the total amount made 
available in this or any other Act to all National Institutes of Health 
appropriations to activities the Director may so designate: Provided 
further, That no such appropriation shall be decreased by more than 1 
percent by any such transfers and that the Congress is promptly 
notified of the transfer: Provided further, That NIH is authorized to 
collect third party payments for the cost of clinical services that are 
incurred in National Institutes of Health research facilities and that 
such payments shall be credited to the National Institutes of Health 
Management Fund: Provided further, That all funds credited to the NIH 
Management Fund shall remain available for one fiscal year after the 
fiscal year in which they are deposited: Provided further, That up to 
$500,000 shall be available to carry out section 499 of the Public 
Health Service Act: Provided further, That, notwithstanding section 
499(k)(10) of the Public Health Service Act, funds from the 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 Institutes 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, That notwithstanding any other provision of law, a 
single contract or related contracts for the development and 
construction of the clinical research center may be employed which 
collectively include the full scope of the project: Provided further, 
That the solicitation and contract shall contain the clause 
``availability of funds'' found at 48 CFR 52.232-18.

       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 
Dependents' Medical Care Act (10 U.S.C. ch. 55), and for payments 
pursuant to section 229(b) of the Social Security Act (42 U.S.C. 
429(b)), such amounts as may be required during the current fiscal 
year.

               Agency for Health Care Policy and Research

                    health care policy and research

    For carrying out titles III and IX of the Public Health Service 
Act, and part A of title XI of the Social Security Act, $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 available 
until expended: Provided, That the amount made available pursuant to 
section 926(b) of the Public Health Service Act shall not exceed 
$70,647,000.

                  Health Care Financing Administration

                     grants to states for medicaid

    For carrying out, except as otherwise provided, titles XI and XIX 
of the Social Security Act, $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, incurred 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 2000, 
$28,733,605,000, to remain available until expended.
    Payment under title XIX may be made for any quarter with respect to 
a State plan or plan amendment in effect during such quarter, if 
submitted in or prior to such quarter and approved in that or any 
subsequent quarter.

                  payments to health care trust funds

    For payment to the Federal Hospital Insurance and the Federal 
Supplementary Medical Insurance Trust Funds, as provided under sections 
217(g) and 1844 of the Social Security Act, sections 103(c) and 111(d) 
of the Social Security Amendments of 1965, section 278(d) of Public Law 
97-248, and for administrative expenses incurred pursuant to section 
201(g) of the Social Security Act, $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 Supplementary Medical 
Insurance Trust Funds, as authorized by section 201(g) of the Social 
Security Act; together with all funds collected in accordance with 
section 353 of the Public Health Service Act and such sums as may be 
collected from authorized user fees and the sale of data, which shall 
remain available until expended, and together with administrative fees 
collected relative to Medicare overpayment recovery activities, which 
shall remain available until expended: Provided, That all funds derived 
in accordance with 31 U.S.C. 9701 from organizations established under 
title XIII of the Public Health Service Act shall be credited to and 
available for carrying out the purposes of this appropriation: Provided 
further, That $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 Medicare costs, and the potential for coordinating Medicare with 
cost-effective long-term care services: Provided further, 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 implement the 
Department's corrective action plan to the Chief Financial Officer's 
audit of the Health Care Financing Administration's oversight of 
Medicare: Provided further, That the Secretary of Health and Human 
Services is directed to collect, in aggregate, $95,000,000 in fees in 
fiscal year 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 received by the Secretary in 
connection with loans and loan guarantees under title XIII of the 
Public Health Service Act, to be available without fiscal year 
limitation for the payment of outstanding obligations. During fiscal 
year 1999, no commitments for direct loans or loan guarantees shall be 
made.

                Administration for Children and Families

                   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 quarter 
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 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 Omnibus 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 assistance activities 
authorized by title IV of the Immigration and Nationality Act and 
section 501 of the Refugee Education Assistance Act of 1980 (Public Law 
96-422), $415,165,000: Provided, That funds appropriated pursuant 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.

                 child care and development block grant

    For carrying out sections 658A through 658R of the Omnibus Budget 
Reconciliation Act of 1981 (The Child Care and Development Block Grant 
Act of 1990), to become available on October 1, 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: Provided, 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 fiscal 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 and Treatment Act), the Native American Programs Act of 
1974, title II of Public Law 95-266 (adoption opportunities), the 
Adoption and Safe Families Act of 1997 (Public Law 105-89), the 
Abandoned Infants Assistance Act of 1988, part B(1) of title IV and 
sections 413, 429A 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 section 126 and titles IV and V of 
Public Law 100-485, $5,841,820,000, of which $20,000,000, to remain 
available 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 making 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 
set aside for the Head Start Program for Families with Infants and 
Toddlers (Early Head Start): Provided further, That to the extent 
Community Services Block Grant funds are distributed as grant funds by 
a State to an eligible entity as provided under the Act, and have not 
been expended by such entity, they shall remain with such entity for 
carryover into the next fiscal year for expenditure by such entity 
consistent with program purposes.
    In addition, $105,000,000, to be derived from the Violent Crime 
Reduction Trust Fund, for carrying out sections 40155, 40211 and 40241 
of Public Law 103-322.
    Funds appropriated for fiscal year 1999 under section 429A(e), part 
B of title IV of the Social Security Act shall be reduced by 
$6,000,000.
    Funds appropriated for fiscal year 1999 under section 413(h)(1) of 
the Social Security Act shall be reduced by $15,000,000.

                    family preservation and support

    For carrying out section 430 of the Social Security Act, 
$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.
    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 provided, 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 section 308(b)(1) of the Older Americans Act of 1965, 
as amended, the amounts available to each State for administration of 
the State plan under title III of such Act shall be reduced not more 
than 5 percent below the amount that was available to such State for 
such purpose for fiscal year 1995: Provided further, That in 
considering grant applications for nutrition services for elder Indian 
recipients, the Assistant Secretary shall provide maximum flexibility 
to applicants who seek to take into account subsistence, local customs, 
and other characteristics that are appropriate to the unique cultural, 
regional, and geographic needs of the American Indian, Alaska and 
Hawaiian Native communities to be served.

                        Office of the Secretary

                    general departmental management

    For necessary expenses, not otherwise provided, for general 
departmental management, including hire of six sedans, and for carrying 
out titles III, XVII, and XX of the Public Health Service Act, 
$166,662,000, together with $5,851,000, to be transferred and expended 
as authorized by section 201(g)(1) of the Social Security Act from the 
Hospital Insurance Trust Fund and the Supplemental Medical Insurance 
Trust Fund: Provided, That $890,000 shall be for a contract with the 
National Academy of Sciences to conduct a study of all the available 
scientific literature examining the cause-and-effect relationship 
between repetitive tasks in the workplace and musculoskeletal 
disorders: Provided further, That said contract 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 Hospital Insurance Trust Fund and the Supplemental Medical 
Insurance Trust Fund.

                            policy research

    For carrying out, to the extent not otherwise provided, research 
studies under section 1110 of the Social Security Act, $14,000,000.

                           GENERAL PROVISIONS

    Sec. 201. Funds appropriated in this title shall be available for 
not to exceed $37,000 for official reception and representation 
expenses when specifically approved by the Secretary.
    Sec. 202. The Secretary shall make available through assignment not 
more than 60 employees of the Public Health Service to assist in child 
survival activities and to work in AIDS programs through and with funds 
provided by the Agency for International Development, the United 
Nations International Children's Emergency Fund or the World Health 
Organization.
    Sec. 203. None of the funds appropriated under this Act may be used 
to implement section 399L(b) of the Public Health Service Act or 
section 1503 of the National Institutes of Health Revitalization Act of 
1993, Public Law 103-43.
    Sec. 204. None of the funds appropriated in this Act for the 
National Institutes of Health and the Substance Abuse and Mental Health 
Services Administration shall be used to pay the salary of an 
individual, through a grant or other extramural mechanism, at a rate in 
excess of $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 Appropriations 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 discretionary funds 
(pursuant to the Balanced Budget and Emergency Deficit Control Act, as 
amended) which are appropriated for the current fiscal year for the 
Department of Health and Human Services in this Act may be transferred 
between appropriations, but no such appropriation shall be increased by 
more than 3 percent by any such transfer: Provided, That the 
Appropriations Committees of both Houses of Congress are notified at 
least fifteen days in advance of any transfer.
    Sec. 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 research related to the 
human immunodeficiency virus, as jointly determined by the Director of 
NIH and the Director of the Office of AIDS Research, shall be made 
available to the ``Office of AIDS Research'' account. The Director of 
the Office of AIDS Research shall transfer from such account amounts 
necessary to carry out section 2353(d)(3) of the Public Health Service 
Act.
    Sec. 210. Funds appropriated in this Act for the National 
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.
    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 planning 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 Research'' 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 
Department in the Federal Register on April 2, 1998 (63 Fed. Reg. 16295 
et seq.), and such rule shall not become effective 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 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 paragraph (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 hereby 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 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. 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 Security 
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 
Management 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 behavior.
    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 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, unless--
            (1) the minor is emancipated under applicable State law;
            (2) the minor has the written consent of a custodial parent 
        or custodial legal guardian to receive the drugs or devices;
            (3) a court of competent jurisdiction has directed that the 
        minor may receive the drugs or devices; 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 guardian of the intent to 
        provide the drugs or devices, at least five business days 
        before providing the drugs or devices.
    (c) Each provider of services under title X of the Public Health 
Service Act shall each year certify to the Secretary 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 
Secondary 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 
under section 314(a)(2) of that Act: Provided further, That section 
315(a)(2) of the Goals 2000 Act shall not apply: Provided further, That 
up to one-half of 1 percent of the amount available under section 3132 
shall be set aside for the outlying areas, to be distributed on the 
basis of their relative need as determined by the Secretary in 
accordance with the purposes of the program: Provided further, That if 
any State educational agency does not apply for a grant under section 
3132, that State's allotment under section 3131 shall be reserved by 
the Secretary for grants to local educational agencies in that State 
that apply directly to the Secretary according to the terms and 
conditions published by the Secretary in the Federal Register.

                    education for the disadvantaged

    For carrying out title I of the Elementary and Secondary Education 
Act of 1965, and section 418A of the Higher Education Act, 
$8,056,132,000, 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 September 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 Secretary on October 1, 1998, to 
obtain updated local-educational-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 effective approaches to comprehensive school reform to be 
allocated and expended in accordance with the instructions relating to 
this activity in the statement of the managers on the conference report 
accompanying Public Law 105-78: Provided further, That in carrying out 
this initiative, the Secretary and the States shall support only 
approaches that show the most promise of enabling children served by 
title I to meet challenging State content standards and challenging 
State student performance standards based on reliable research and 
effective practices, and include an emphasis on basic academics and 
parental involvement: Provided further, That no funds appropriated 
under section 1002(g)(2) shall be available for section 1503.

                               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 authorized 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: Provided, 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 
innovative education program strategies State grants under title VI-A 
of said Act.

                            indian education

    For expenses necessary to carry out, to the extent not otherwise 
provided, title IX, part A of the Elementary and Secondary Education 
Act of 1965, as amended, $66,000,000.

                   bilingual and immigrant education

    For carrying out, to the extent not otherwise provided, bilingual, 
foreign language and immigrant education activities authorized by parts 
A and C and section 7203 of title VII of the Elementary and Secondary 
Education Act of 1965, without regard to section 7103(b), $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 provided, the 
Rehabilitation Act of 1973, the Technology-Related Assistance for 
Individuals with Disabilities Act, and the Helen Keller National Center 
Act, as amended, $2,646,640,000.

           Special Institutions for Persons With Disabilities

                 american printing house for the blind

    For carrying out the Act of March 3, 1879, as amended (20 U.S.C. 
101 et seq.), $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 
authorized under section 207.

                          gallaudet university

    For the Kendall Demonstration Elementary School, the Model 
Secondary School for the Deaf, and the partial support of Gallaudet 
University under titles I and II of the Education of the Deaf Act of 
1986 (20 U.S.C. 4301 et seq.), $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 provided, the Carl D. 
Perkins Vocational and Applied Technology Education Act and the Adult 
Education Act, $1,532,247,000, of which $1,528,147,000 shall become 
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 section 384(c): Provided, That, of the amounts made available for 
title II of the Carl D. Perkins Vocational and Applied 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 included within this appropriation for Pell Grant awards in such 
award year, and any funds available from the fiscal year 1998 
appropriation for Pell Grant awards, are insufficient to satisfy fully 
all such awards for which students are eligible, as calculated under 
section 401(b) of the Act, the amount paid for each such award shall be 
reduced by either a fixed or variable percentage, or by a fixed dollar 
amount, as determined in accordance with a schedule of reductions 
established by the Secretary for this purpose: Provided further, That 
if the Secretary determines 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 allowances 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 allowance 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.

             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 provided, 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 subpart 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 expended.

                           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 activities related 
to facility loans entered into under title VII, part C and section 702 
of the Higher Education Act, as amended, $698,000.

 historically black college and university capital financing, program 
                                account

    The total amount of bonds insured pursuant to section 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 Historically Black 
College and University Capital Financing Program 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 Educational Research, 
Development, Dissemination, and Improvement 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 approaches 
to comprehensive school reform to be allocated and expended in 
accordance with the instructions relating to this activity in the 
statement of managers on the conference report accompanying Public Law 
105-78: Provided further, That the funds made available for 
comprehensive school reform shall become available on July 1, 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 effective practices, and 
include an emphasis on basic academics and parental involvement.

                        Departmental Management

                         program administration

    For carrying out, to the extent not otherwise provided, the 
Department of Education Organization Act, including rental of 
conference rooms in the District of Columbia and hire of two passenger 
motor vehicles, $362,000,000.

                        office for civil rights

    For expenses necessary for the Office for Civil Rights, as 
authorized by section 203 of the Department of Education Organization 
Act, $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.

                           GENERAL PROVISIONS

    Sec. 301. No funds appropriated in this Act may be used for the 
transportation of students or teachers (or for the purchase of 
equipment for such transportation) in order to overcome racial 
imbalance in any school or school system, or for the transportation 
of students or teachers (or for the purchase of equipment for such 
transportation) in order to carry out a plan of racial desegregation of 
any school or school system.
    Sec. 302. None of the funds contained in this Act shall be used to 
require, directly or indirectly, the transportation of any student to a 
school other than the school which is nearest the student's home, 
except for a student requiring special education, to the school 
offering such special education, in order to comply with title VI of 
the Civil Rights Act of 1964. For the purpose of this section an 
indirect requirement of transportation of students includes the 
transportation of students to carry out a plan involving the 
reorganization of the grade structure of schools, the pairing of 
schools, or the clustering of schools, or any combination of grade 
restructuring, pairing or clustering. The prohibition described in this 
section does not include the establishment of magnet schools.
    Sec. 303. No funds appropriated under this Act may be used to 
prevent the implementation of programs of voluntary prayer and 
meditation in the public schools.

                          (transfer of funds)

    Sec. 304. Not to exceed 1 percent of any discretionary funds 
(pursuant to the Balanced Budget and Emergency Deficit Control Act, as 
amended) which are appropriated for the Department of Education in this 
Act may be transferred between appropriations, but no such 
appropriation shall be increased by more than 3 percent by any such 
transfer: Provided, That the Appropriations Committees of both Houses 
of Congress are notified at least fifteen days in advance of any 
transfer.
    Sec. 305. Part C of the General Education Provisions Act (20 U.S.C. 
1231 et seq.) is amended by adding at the end the following:

``SEC. 447. PROHIBITION ON FEDERALLY SPONSORED TESTING.

    ``(a) General Prohibition.--Notwithstanding any other provision of 
Federal law, funds provided to the Department 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 
sponsored national test in reading, mathematics, or any other subject 
that is not specifically and explicitly provided for in authorizing 
legislation enacted into law.
    ``(b) Exceptions.--Subsection (a) shall not apply to the Third 
International Mathematics and Science Study or other international 
comparative assessments developed under the authority of section 
404(a)(6) of the National Education Statistics Act of 1994 (20 U.S.C. 
9003(a)(6) et seq.), and administered to only a representative sample 
of pupils in the United States and in foreign nations.''.
    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 percent 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 intention in its application to 
the Secretary and shall abide by departmental regulations governing the 
endowment challenge 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 B of title IV of 
such Act that is equal to or less than $5,000,000.
    Sec. 308. (a) State Funds for Innovative Programs.--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 educational 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 Elementary 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 striking ``, but 
        for not more than 45 days'';
            (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 
                                exhibits violent behavior that has 
                                resulted in, or could have resulted in, 
                                physical injury to the child or to 
                                others while at school or at a school 
                                function under the jurisdiction of a 
                                State or local agency.''.
    Sec. 310. Section 616(c) of the Individuals with Disabilities 
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 provisions 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 to take corrective action to ensure 
compliance with this part, may take only the following such corrective 
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 disabilities 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 specific agency 
                responsible for the failure to comply with this part.
            ``(2) Upon reduction or withholding of payments to a State 
        for a fiscal year under paragraph (1)--
                    ``(A) with respect to children with disabilities 
                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
                    ``(B) no additional corrective action may be taken 
                against the State with respect to the failure by the 
                public agency described in paragraph (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 satisfactory 
        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:
            ``(2) assists students enrolled in the program or activity 
        to move into a classroom where instruction is not tailored for 
        students of limited English proficiency--
                    ``(A) by the end of the first grade, in the case of 
                students enrolling when they are in kindergarten; or
                    ``(B) by the end of their second academic year of 
                enrollment, in the case of other students;
            ``(3) demonstrates that students of limited English 
        proficiency meet the same challenging State content standards 
        and challenging student performance standards during and after 
        the period in which students are enrolled in a bilingual 
        education program 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 following new 
        sections:

``SEC. 7125. MAXIMUM ENROLLMENT PERIOD.

    ``(a) Limitation.--Except as provided in this section, no student 
may be enrolled in a bilingual education program or a special 
alternative instructional program under this subpart for a period of 
more than 2 years, except 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 personnel 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 carried out at the 
        end of the third year the student is in the program described 
        in subsection (a) if the student is to continue in the program 
        for a fourth year and shall be conducted in accordance with 
        paragraph (1).
            ``(3) Language development.--Each evaluation shall indicate 
        how the student's English language development will be 
        addressed during the period a student is retained in the 
        program. The student'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 instructional program 
described in subsection (a) for more than 4 years.

``SEC. 7126. ANNUAL REPORT.

    ``(a) In General.--The Secretary shall submit a report each year, 
beginning in fiscal year 2001, to the Committees on Appropriations and 
Education and the Workforce 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 report 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 academic year of enrollment in a bilingual 
        education program or special alternative instructional program.
            ``(2) Continuance.--Such report shall also explain if and 
        why funding will be continued for a program described under 
        paragraph (1).''; and
            (4) in section 7501(15)--
                    (A) by striking subparagraph (C);
                    (B) by inserting ``and'' at the end of subparagraph 
                (A); and
                    (C) by striking ``; and'' at the end of 
                subparagraph (B) and inserting a period.
    This title may be cited as the ``Department of Education 
Appropriations Act, 1999''.

                       TITLE IV--RELATED AGENCIES

                      Armed Forces Retirement Home

    For expenses necessary for the Armed Forces Retirement Home to 
operate and maintain the United States Soldiers' and Airmen's Home and 
the United States Naval Home, to be paid from funds available in the 
Armed Forces Retirement Home Trust Fund, $70,745,000, of which 
$15,717,000 shall be for construction and renovation of the physical 
plants at the United States Soldiers' and Airmen's Home and the United 
States Naval Home.

             Corporation for National and Community Service

        domestic volunteer service programs, operating expenses

    For expenses necessary for the Corporation for National and 
Community Service to carry out the provisions of the Domestic Volunteer 
Service Act of 1973, as amended, $251,369,000.

                  Corporation for Public Broadcasting

    For payment to the Corporation for Public Broadcasting, as 
authorized by the Communications Act of 1934, an amount which shall be 
available within limitations specified by that Act, for the fiscal year 
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 in it by the Labor Management 
Relations Act, 1947 (29 U.S.C. 171-180, 182-183), including hire of 
passenger motor vehicles; for expenses necessary for the Labor-
Management Cooperation Act of 1978 (29 U.S.C. 175a); and for expenses 
necessary for the Service to carry out the functions vested in it by 
the Civil Service Reform Act, Public Law 95-454 (5 U.S.C. ch. 71), 
$34,620,000, including $1,500,000, to remain available through 
September 30, 2000, for activities authorized by the Labor-Management 
Cooperation Act of 1978 (29 U.S.C. 175a): Provided, That 
notwithstanding 31 U.S.C. 3302, fees charged, up to full-cost recovery, 
for special training activities and for arbitration services shall be 
credited to and merged with this account, and shall remain available 
until expended: Provided further, That fees for arbitration services 
shall be available only for education, training, and professional 
development of the agency workforce: Provided further, That the 
Director of the Service is authorized to accept on behalf of the United 
States gifts of services and real, personal, or other property in the 
aid of any projects or functions within the Director's jurisdiction.

            Federal Mine Safety and Health Review Commission

                         salaries and expenses

    For expenses necessary for the Federal Mine Safety and Health 
Review Commission (30 U.S.C. 801 et seq.), $6,060,000.

                Institute of Museum and Library Services

    For carrying out subtitle B of the Museum and Library Services Act, 
$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.

                     National Council on Disability

                         salaries and expenses

    For expenses necessary for the National Council on Disability as 
authorized by title IV of the Rehabilitation Act of 1973, as amended, 
$2,344,000.

                     National Education Goals Panel

    For expenses necessary for the National Education Goals Panel, as 
authorized by title II, part A of the Goals 2000: Educate America Act, 
$2,100,000.

                     National Labor Relations Board

                         salaries and expenses

    For expenses necessary for the National Labor Relations Board to 
carry out the functions vested in it by the Labor-Management Relations 
Act, 1947, as amended (29 U.S.C. 141-167), and other laws, 
$174,661,000, of which $10,046,000 shall be available only for 
information technology: Provided, That no part of this appropriation 
shall be available to organize or assist in organizing agricultural 
laborers or used in connection with investigations, hearings, 
directives, or orders concerning bargaining units composed of 
agricultural laborers as referred to in section 2(3) of the Act of July 
5, 1935 (29 U.S.C. 152), and as amended by the Labor-Management 
Relations Act, 1947, as amended, and as defined in section 3(f) of the 
Act of June 25, 1938 (29 U.S.C. 203), and including in said definition 
employees engaged in the maintenance and operation of ditches, canals, 
reservoirs, and waterways when maintained or operated on a mutual, 
nonprofit basis and at least 95 percent of the water stored or supplied 
thereby is used for farming purposes: Provided further, That none of 
the funds made available by this Act shall be used in any way to 
promulgate a final rule (altering 29 CFR part 103) regarding single 
location bargaining units in representation cases.

                        National Mediation Board

                         salaries and expenses

    For expenses necessary to carry out the provisions of the Railway 
Labor Act, as amended (45 U.S.C. 151-188), including emergency boards 
appointed by the President, $8,400,000: Provided, That unobligated 
balances at the end of fiscal year 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.

                       Railroad Retirement Board

                     dual benefits payments account

    For payment to the Dual Benefits Payments Account, authorized under 
section 15(d) of the Railroad Retirement Act of 1974, $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 addition, 
an amount, not to exceed 2 percent of the amount provided herein, shall 
be available proportional to the amount by which the product of 
recipients and the average benefit received exceeds $191,000,000: 
Provided, That the total amount provided herein shall be credited in 12 
approximately equal amounts on the first day of each month in the 
fiscal year.

          federal payments to the railroad retirement accounts

    For payment to the accounts established in the Treasury for the 
payment of benefits under the Railroad Retirement Act for interest 
earned on unnegotiated checks, $150,000, to remain available through 
September 30, 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 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 insurance 
administration fund.

             limitation on the office of inspector general

    For expenses necessary for the Office of Inspector General for 
audit, investigatory and review activities, as authorized by the 
Inspector General Act of 1978, as amended, not more than $5,400,000, to 
be derived from the railroad retirement accounts and railroad 
unemployment insurance account: Provided, That none of the funds made 
available in any other paragraph of this Act may be transferred to the 
Office; used to carry out any such transfer; used to provide any office 
space, equipment, office supplies, communications facilities or 
services, maintenance services, or administrative services for the 
Office; used to pay any salary, benefit, or award for any personnel of 
the Office; used to pay any other operating expense of the Office; or 
used to reimburse the Office for any service provided, or expense 
incurred, by the Office: Provided further, That none of the funds made 
available in this paragraph may be used for any audit, investigation, 
or review of the Medicare Program.

                     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 available until expended.
    For making, after July 31 of the current fiscal year, benefit 
payments to individuals under title IV of the Federal Mine Safety and 
Health Act of 1977, for costs incurred in the current fiscal year, such 
amounts as may be necessary.
    For making benefit payments under title IV of the Federal Mine 
Safety and Health Act of 1977 for the first quarter of fiscal year 
2000, $141,000,000, to remain available until expended.

                  supplemental security income program

    For carrying out titles XI and XVI of the Social Security Act, 
section 401 of Public Law 92-603, section 212 of Public Law 93-66, as 
amended, and section 405 of Public Law 95-216, including payment to the 
Social Security trust funds for administrative expenses incurred 
pursuant to section 201(g)(1) of the Social Security Act, 
$21,495,000,000, to remain available until expended: Provided, That any 
portion of the funds provided to a State in the current fiscal year and 
not obligated by the State during that year shall be returned to the 
Treasury.
    From funds provided under the previous paragraph, not less than 
$100,000,000 shall be available for payment to the Social Security 
trust funds for administrative expenses for conducting continuing 
disability reviews.
    In addition, $177,000,000, to remain available until September 30, 
2000, for payment to the Social Security trust funds for administrative 
expenses for continuing disability reviews as authorized by section 103 
of Public Law 104-121 and section 10203 of Public Law 105-33. The term 
``continuing disability reviews'' means reviews and redeterminations as 
defined under section 201(g)(1)(A) of the Social Security Act, as 
amended.
    For making, after June 15 of the current fiscal year, benefit 
payments to individuals under title XVI of the Social Security Act, for 
unanticipated costs incurred for the current fiscal year, such sums as 
may be necessary.
    For making benefit payments under title XVI of the Social Security 
Act for the first quarter of fiscal year 2000, $9,550,000,000, to 
remain available until expended.

                 limitation on administrative expenses

    For necessary expenses, including the hire of two passenger motor 
vehicles, and not to exceed $10,000 for official reception and 
representation expenses, not more than $5,949,000,000 may be expended, 
as authorized by section 201(g)(1) of the Social Security Act, from any 
one or all of the trust funds referred to therein: Provided, That not 
less than $1,600,000 shall be for the Social Security Advisory Board: 
Provided further, That unobligated balances 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 administrative 
expenses associated solely with this network: Provided further, That 
reimbursement to the trust funds under this heading for expenditures 
for official time for employees of the Social Security Administration 
pursuant to section 7131 of title 5, United States Code, and for 
facilities or support services for labor organizations pursuant to 
policies, regulations, or procedures referred to in section 7135(b) of 
such title shall be made by the Secretary of the Treasury, with 
interest, from amounts in the general fund not otherwise appropriated, 
as soon as possible after such expenditures are made.
    From funds provided under the previous paragraph, notwithstanding 
the provision under this heading in Public Law 105-78 regarding 
unobligated balances at the end of fiscal year 1998 not needed for such 
fiscal year, an amount not to exceed $50,000,000 from such unobligated 
balances shall, in addition to funding already available under this 
heading for fiscal year 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 reviews'' 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 administration fees in 
excess of $5.00 per supplementary payment collected pursuant to section 
1616(d) of the Social Security Act or section 212(b)(3) of Public Law 
93-66, which shall remain available until expended. To the extent that 
the amounts collected pursuant to such section 1616(d) or 212(b)(3) in 
fiscal year 1999 exceed $75,000,000, the amounts shall be available in 
fiscal year 2000 only to the extent provided in advance in 
appropriations Acts.

                      office of inspector general

                     (including transfer of funds)

    For expenses necessary for the Office of Inspector General in 
carrying out the provisions of the Inspector General Act of 1978, as 
amended, $12,000,000, together with not to exceed $44,000,000, to be 
transferred and expended as authorized by section 201(g)(1) of the 
Social Security Act from the Federal Old-Age and Survivors Insurance 
Trust Fund and the Federal Disability Insurance Trust Fund.
    In addition, an amount not to exceed 3 percent of the total 
provided in this appropriation may be transferred from the ``Limitation 
on Administrative Expenses'', Social Security Administration, to be 
merged with this account, to be available for the time and purposes for 
which this account is available: Provided, That notice of such 
transfers shall be transmitted promptly to the Committees on 
Appropriations of the House and Senate.

                    United States Institute of Peace

                           operating expenses

    For necessary expenses of the United States Institute of Peace as 
authorized in the United States Institute of Peace Act, $11,160,000.

                      TITLE V--GENERAL PROVISIONS

    Sec. 501. The Secretaries of Labor, Health and Human Services, and 
Education are authorized to transfer unexpended balances of prior 
appropriations to accounts corresponding to current appropriations 
provided in this Act: Provided, That such transferred balances are used 
for the same purpose, and for the same periods of time, for which they 
were originally appropriated.
    Sec. 502. No part of any appropriation contained in this Act shall 
remain available for obligation beyond the current fiscal year unless 
expressly so provided herein.
    Sec. 503. (a) No part of any appropriation contained in this Act 
shall be used, other than for normal and recognized executive-
legislative relationships, for publicity or propaganda purposes, for 
the preparation, distribution, or use of any kit, pamphlet, booklet, 
publication, radio, television, or video presentation designed to 
support or defeat legislation pending before the Congress or any State 
legislature, except in presentation to the Congress or any State 
legislature itself.
    (b) No part of any appropriation contained in this Act shall be 
used to pay the salary or expenses of any grant or contract recipient, 
or agent acting for such recipient, related to any activity designed to 
influence legislation or appropriations pending before the Congress or 
any State legislature.
    Sec. 504. The Secretaries of Labor and Education are each 
authorized to make available not to exceed $15,000 from funds available 
for salaries and expenses under titles I and III, respectively, for 
official reception and representation expenses; the Director of the 
Federal Mediation and Conciliation Service is authorized to make 
available for official reception and representation expenses not to 
exceed $2,500 from the funds available for ``Salaries and expenses, 
Federal Mediation and Conciliation Service''; and the Chairman of the 
National Mediation Board is authorized to make available for official 
reception and representation expenses not to exceed $2,500 from funds 
available for ``Salaries and expenses, National Mediation Board''.
    Sec. 505. Notwithstanding any other provision of this Act, no funds 
appropriated under this Act shall be used to carry out any program of 
distributing sterile needles or syringes for the hypodermic injection 
of any illegal drug.
    Sec. 506. (a) Purchase of American-Made Equipment and Products.--It 
is the sense of the Congress that, to the greatest extent practicable, 
all equipment and products purchased with funds made available in this 
Act should be American-made.
    (b) Notice Requirement.--In providing financial assistance to, or 
entering into any contract with, any entity using funds made available 
in this Act, the head of each Federal agency, to the greatest extent 
practicable, shall provide to such entity a notice describing the 
statement made in subsection (a) by the Congress.
    (c) Prohibition of Contracts With Persons Falsely Labeling Products 
as Made in America.--If it has been finally determined by a court or 
Federal agency that any person intentionally affixed a label bearing a 
``Made in America'' inscription, or any inscription with the same 
meaning, to any product sold in or shipped to the United States that is 
not made in the United States, the person shall be ineligible to 
receive any contract or subcontract made with funds made available in 
this Act, pursuant to the debarment, suspension, and ineligibility 
procedures described in sections 9.400 through 9.409 of title 48, Code 
of Federal Regulations.
    Sec. 507. When issuing statements, press releases, requests for 
proposals, bid solicitations and other documents describing projects or 
programs funded in whole or in part with Federal money, all grantees 
receiving Federal funds included in this Act, including but not limited 
to State and local governments and recipients of Federal research 
grants, shall clearly state: (1) the percentage of the total costs of 
the program or project which will be financed with Federal money; (2) 
the dollar amount of Federal funds for the project or program; and (3) 
percentage and dollar amount of the total costs of the project or 
program that will be financed by nongovernmental sources.
    Sec. 508. (a) None of the funds appropriated under this Act, and 
none of the funds in any trust fund to which funds are appropriated 
under this Act, shall be expended for any abortion.
    (b) None of the funds appropriated under this Act, and none of the 
funds in any trust fund to which funds are appropriated under this Act, 
shall be expended for health benefits coverage that includes coverage 
of abortion.
    (c) The term ``health benefits coverage'' means the package of 
services covered by a managed care provider or organization pursuant to 
a contract or other arrangement.
    Sec. 509. (a) The limitations established in the preceding section 
shall not apply to an abortion--
            (1) if the pregnancy is the result of an act of rape or 
        incest; or
            (2) in the case where a woman suffers from a physical 
        disorder, physical injury, or physical illness, including a 
        life-endangering physical condition caused by or arising from 
        the pregnancy itself, that would, as certified by a physician, 
        place the woman in danger of death unless an abortion is 
        performed.
    (b) Nothing in the preceding section shall be construed as 
prohibiting the expenditure by a State, locality, entity, or private 
person of State, local, or private funds (other than a State's or 
locality's contribution of Medicaid matching funds).
    (c) Nothing in the preceding section shall be construed as 
restricting the ability of any managed care provider from offering 
abortion coverage or the ability of a State or locality to contract 
separately with such a provider for such coverage with State funds 
(other than a State's or locality's contribution of Medicaid matching 
funds).
    Sec. 510. Notwithstanding any other provision of law--
            (1) no amount may be transferred from an appropriation 
        account for the Departments of Labor, Health and Human 
        Services, and Education except as authorized in this or any 
        subsequent appropriation 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 timing of the obligation and expenditure of 
        such appropriation, or for the purpose for which it is 
        obligated and expended, except to the extent and in the manner 
        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 embryos are 
        destroyed, discarded, or knowingly subjected to risk of injury 
        or death greater than that allowed for research on fetuses in 
        utero under 45 CFR 46.208(a)(2) and section 498(b) of the 
        Public Health Service Act (42 U.S.C. 289g(b)).
    (b) For purposes of this section, the term ``human embryo or 
embryos'' includes any organism, not protected as a human subject under 
45 CFR 46 as of the date of the enactment of this Act, that is derived 
by fertilization, parthenogenesis, cloning, or any other means from one 
or more human gametes or human diploid cells.
    Sec. 512. (a) Limitation on Use of Funds for Promotion of 
Legalization of Controlled Substances.--None of the funds made 
available in this Act may be used for any activity 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 official having authority to 
obligate or expend such funds that there is significant medical 
evidence of a therapeutic advantage to the use of such drug or other 
substance or that federally sponsored clinical trials are being 
conducted to determine therapeutic advantage.
    Sec. 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 in section 4212(d) of 
        title 38, United States Code, regarding submission of an annual 
        report to the Secretary of Labor concerning employment of 
        certain veterans; and
            (2) such entity has not submitted a report as required by 
        that section for the most recent year for which such 
        requirement was applicable to such entity.
    Sec. 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 available 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: Provided, That 
the House and Senate Committees on Appropriations shall be notified at 
least fifteen days prior to the obligation of such funds.
    Sec. 516. Section 14(c)(1) of the National Labor Relations Act is 
amended to read as follows:
    ``(c)(1)(A) Mandatory Jurisdiction.--The Board shall assert 
jurisdiction over any labor dispute involving any class or category of 
employers over which it would assert jurisdiction under the standards 
prevailing on August 1, 1959, with the financial threshold amounts 
adjusted for inflation under subparagraph (B).
    ``(B) Inflation Adjustments.--The Board, beginning on October 1, 
1998, and not less often than every 5 years thereafter, shall adjust 
each of the financial threshold amounts referred to in subparagraph (A) 
for inflation, using as the base period the later of (i) the most 
recent calendar quarter ending before the financial threshold amount 
was established, or (ii) the calendar quarter ending June 30, 1959. The 
inflation adjustments shall be determined using changes in the Consumer 
Price Index for all urban consumers published by the Department of 
Labor and shall be rounded to the nearest $10,000. The Board shall 
prescribe any regulations necessary for making the inflation 
adjustments.''.

                 TITLE VI--CHILD PROTECTION ACT OF 1998

    Sec. 601. This title may be cited as the ``Child Protection Act of 
1998''.
    Sec. 602. (a) Computer Software Installation Required.--Any 
elementary or secondary school or public library that has received 
under any program or activity of any Federal agency any funds for the 
acquisition or operation of any computer that is accessible to minors 
and that has access to the Internet shall--
            (1) install software on that computer that is determined 
        (in accordance with subsection (b)) to be adequately designed 
        to prevent minors from obtaining access to any obscene 
        information using that computer; and
            (2) ensure that such software is operational whenever that 
        computer is used by minors, except that such software's 
        operation may be temporarily interrupted to permit a minor to 
        have access to information that is not obscene or otherwise 
        unprotected by the Constitution under the direct supervision of 
        an adult designated by such school or library.
    (b) Determination of Adequate Design.--For any elementary or 
secondary school or public library within the jurisdiction of any 
State, the determinations required for purposes of subsection (a)(1) 
shall be made by an agency or official designated by the chief 
executive officer of such State. For any elementary or secondary school 
or public library that is not within the jurisdiction of any State, the 
determinations required for purposes of subsection (a)(1) shall be made 
by the Secretary of Education.
    (c) Consequences of Violations.--
            (1) Use of general education provisions act remedies.--
        Whenever the head of any Federal agency has reason to believe 
        that any recipient of funds under any program or activity is 
        failing to comply substantially with the requirements of 
        subsection (a), the head of such agency may--
                    (A) withhold further payments under that program or 
                activity,
                    (B) issue a complaint to compel compliance through 
                a cease and desist order, or
                    (C) enter into a compliance agreement with a 
                recipient to bring it into compliance,
        in the same manner as the Secretary of Education is authorized 
        to take such actions under sections 455, 456, and 457, 
        respectively, of the General Education Provisions Act (20 
        U.S.C. 1234d).
            (2) Recovery of funds prohibited.--The actions authorized 
        by paragraph (1) are the exclusive remedies available with 
        respect to a violation of subsection (a), and the head of any 
        Federal agency shall not seek a recovery of funds from the 
        recipient.
    (d) Definitions.--For purposes of this section:
            (1) Elementary or secondary school.--The term ``elementary 
        or secondary school'' means an elementary school or a secondary 
        school as such terms are defined in section 14101 of the 
        Elementary and Secondary Education Act of 1965 (20 U.S.C. 
        8801).
            (2) Public library.--The term ``public library'' has the 
        meaning given the term ``library'' by section 213 of the 
        Library Services and Technology Act (20 U.S.C. 9122).
            (3) Computer.--The term ``computer'' includes any hardware, 
        software, or other technology attached or connected to, 
        installed in, or otherwise used in connection with a computer.
            (4) Access to internet.--A computer shall be considered to 
        have access to the Internet if such computer is equipped with a 
        modem or is connected to a computer network which has access to 
        the Internet.
            (5) Acquisition or operation.--An elementary or secondary 
        school or public library shall be considered to have received 
        under a program or activity of any Federal agency any funds for 
        the acquisition or operation of any computer if such funds are 
        used in any manner, directly or indirectly--
                    (A) to purchase, lease, or otherwise acquire or 
                obtain the use of such computer, or
                    (B) to obtain services, supplies, software, or 
                other actions or materials to support, or in connection 
                with, the operation of such computer.
            (6) Federal agency.--The term ``Federal agency'' has the 
        meaning given the term ``agency'' by section 551(1) of title 5, 
        United States Code.
            (7) State.--The term ``State'' means each of the 50 States, 
        the District of Columbia, the Commonwealth of Puerto Rico, the 
        Virgin Islands, Guam, American Samoa, the Commonwealth of the 
        Northern Mariana Islands, the Republic of the Marshall Islands, 
        the Federated States of Micronesia, and the Republic of Palau.

                  TITLE VII--MISCELLANEOUS PROVISIONS

assuring access to routine and preventive obstetrical 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 amendments.--(A) Subpart 2 of 
        part A of title XXVII, the Public Health Service Act, as 
        amended by section 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 GYNECOLOGICAL SERVICES.

    ``(a) In General.--If a group health plan or health insurance 
issuer, in the provision of health insurance coverage in connection 
with a group health plan, requires or provides for an enrollee to 
designate a participating primary 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 enrollee'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 otherwise for 
                coverage of routine and preventive obstetric and 
                gynecologic care provided by a participating 
                obstetrician-gynecologist, or a participating health 
                care professional practicing in collaboration with the 
                obstetrician-gynecologist 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 physician 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 relating 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 and type of reimbursement with a provider for care provided 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 
subject to section 2723(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 requirement solely relating to 
health insurance issuers in connection with group health insurance 
coverage that provides greater protections to enrollees than the 
protections 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 
                        ``section 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 Retirement Income Security Act of 
        1974, as amended by section 702(a) of Public Law 104-204, is 
        amended by adding at the end the following new section:

``SEC. 713. STANDARDS RELATING TO ACCESS TO ROUTINE AND PREVENTIVE 
              OBSTETRICAL AND GYNECOLOGICAL 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 
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.--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 requirement solely relating to 
health insurance issuers in connection with group health insurance 
coverage that provides 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 
                        ``section 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 amended by section 605(a) of Public Law 
104-204, is amended by inserting after section 2751 the following new 
section:

``SEC. 2752. STANDARDS RELATING TO ACCESS TO ROUTINE AND PREVENTIVE 
              OBSTETRICAL AND GYNECOLOGICAL 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 section 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 requirement solely relating to health 
insurance issuers in connection with group health insurance coverage 
that provides greater protections to enrollees than the protections 
provided under this section.''.
            (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 section 
                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 Social 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 requirements 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:
                    ``(E) The requirement to provide access to routine 
                and preventive obstetrical and gynecological 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 amended 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 individuals 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 authorizing a health insurance issuer 
                to impose cost sharing with respect to the coverage 
                described in subparagraph (A) that is inconsistent with 
                the cost sharing that is otherwise permitted under this 
                title.
                    ``(C) Waivers prohibited.--The requirement 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 reference 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 individual market on or after January 1, 1999.
            (3) Medicare.--The amendments made by subsection (c) shall 
        apply to Medicare+Choice organizations and eligible 
        organizations for contract years beginning on or after January 
        1, 1999.
            (4) Medicaid.--The amendment made by subsection (d) shall 
        apply to State plans under title XIX of the Social Security Act 
        for contract years beginning on or after January 1, 1999.
    Sec. 702. Section 4 of the Federal Cigarette Labeling 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: African 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: African 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: African 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''.