[Congressional Record Volume 146, Number 73 (Tuesday, June 13, 2000)]
[House]
[Pages H4229-H4231]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




  DEPARTMENTS OF LABOR, HEALTH AND HUMAN SERVICES, AND EDUCATION, AND 
               RELATED AGENCIES APPROPRIATIONS ACT, 2001

  The SPEAKER pro tempore. Pursuant to House Resolution 518 and rule 
XVIII, the Chair declares the House in the Committee of the Whole House 
on the State of the Union for the further consideration of the bill, 
H.R. 4577.

                              {time}  1054


                     In the Committee of the Whole

  Accordingly, the House resolved itself into the Committee of the 
Whole House on the State of the Union for the further consideration of 
the bill (H.R. 4577) making appropriations for the Departments of 
Labor, Health and Human Services, and Education, and related agencies 
for the fiscal year ending September 30, 2001, and for other purposes, 
with Mr. Bereuter in the chair.
  The Clerk read the title of the bill.
  The CHAIRMAN. When the Committee of the Whole rose on Monday, June 
12, 2000, Amendment No. 24 by the gentleman from Wisconsin (Mr. Obey) 
had been withdrawn and the bill was open for amendment from page 37, 
line 13, through page 38, line 5.
  Pursuant to the order of the House of that day, no further amendments 
shall be in order except pro forma amendments offered by the chairman 
and ranking member or their designees; the amendment printed in part B 
of House Report 106-657; the remaining amendments listed in the order 
of the House of Thursday, June 8, 2000, as modified; and the following 
further amendments, which may be offered by the Member designated in 
the order of the House or a designee, or the Member who caused it to be 
printed or a designee, shall be considered read, shall be debatable for 
10 minutes, equally divided and controlled by the proponent and an 
opponent, shall not be subject to amendment, and shall not be subject 
to a demand for a division of the question;
  an amendment by the gentleman from Florida (Mr. Young) regarding an 
across-the-board reduction;
  an amendment by the gentleman from Michigan (Mr. Hoekstra) regarding 
reductions in education for the disadvantaged, Impact Aid, school 
improvement programs, and bilingual and immigrant education and 
increase in special education;
  an amendment by the gentleman from Colorado (Mr. Schaffer) regarding 
reduction in education research, statistics, and improvement and 
increase in special education;
  an amendment by the gentleman from Colorado (Mr. Schaffer) regarding 
reduction in Even Start and increase in special education for grants to 
States;
  an amendment by the gentleman from Colorado (Mr. Schaffer) regarding 
reduction in Job Corps training and increase in special education for 
grants to States;
  an amendment by the gentleman from Colorado (Mr. Schaffer) regarding 
reduction in the United States Institute of Peace and increase in 
special education for grants to States;
  an amendment by the gentleman from Oklahoma (Mr. Coburn) regarding 
fetal tissue research;
  an amendment by the gentlewoman from Ohio (Ms. Kaptur) regarding a 
report on the impact of PNTR on United States jobs;
  an amendment by the gentleman from Vermont (Mr. Sanders) regarding 
NIH;
  an amendment by the gentleman from Ohio (Mr. Hall) regarding 
additional funding for Meals on Wheels; and
  the amendments printed in the Congressional Record numbered 1, 2, 3, 
4, 5, 7, 182, 183, 184, 185, 186, 189, 190, 191, 192, 196, 198 and 201.
  The Clerk will read.
  The Clerk read, as follows:


                      social services block grant

       For making grants to States pursuant to section 2002 of the 
     Social Security Act, $1,700,000,000: Provided, That 
     notwithstanding section 2003(c) of such Act, as amended, the 
     amount specified for allocation under such section for fiscal 
     year 2001 shall be $1,700,000,000.


                children and families services programs

                        (including rescissions)

       For carrying out, except as otherwise provided, the Runaway 
     and Homeless Youth Act, the Developmental Disabilities 
     Assistance and Bill of Rights Act, the Head Start Act, the 
     Child Abuse Prevention and Treatment Act, the Native American 
     Programs Act of 1974, title II of Public Law 95-266 (adoption 
     opportunities), the Adoption and Safe Families Act of 1997 
     (Public Law 105-89), the Abandoned Infants Assistance Act of 
     1988, part B(1) of title IV and sections 413, 429A, 1110, and 
     1115 of the Social Security Act, and sections 40155, 40211, 
     and 40241 of Public law 103-322; for making payments under 
     the Community Services Block Grant Act, section 473A of the 
     Social Security Act, and title IV of Public Law 105-285; and 
     for necessary administrative expenses to carry out said Acts 
     and titles I, IV, X, XI, XIV, XVI, and XX of the Social 
     Security Act, the Act of July 5, 1960 (24 U.S.C. ch. 9), the 
     Omnibus Budget Reconciliation Act of 1981, title IV of the 
     Immigration and Nationality Act, section 501 of the Refugee 
     Education Assistance Act of 1980, section 5 of the Torture 
     Victims Relief Act of 1998 (Public Law 105-320), sections 
     40155, 40211, and 40241 of Public Law 103-322 and section 126 
     and titles IV and V of Public Law 100-485, $7,231,253,000, of 
     which $43,000,000, to remain available until September 30, 
     2002, 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 
     $595,376,000 shall be for making payments under the Community 
     Services Block Grant Act; and of which $5,667,000,000 shall 
     be for making payments under the Head Start Act, of which 
     $1,400,000,000 shall become available October 1, 2001 and 
     remain available through September 30, 2002: Provided, That 
     to the extent Community Services Block Grant funds are 
     distributed as grant funds by a State to an eligible entity 
     as provided under the Act, and have not been expended by such 
     entity, they shall remain with such entity for carryover into 
     the next fiscal year for expenditure by such entity 
     consistent with program purposes.
       Funds appropriated for fiscal year 2001 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 2001 under section 
     413(h)(1) of the Social Security Act shall be reduced by 
     $15,000,000.


                   promoting safe and stable families

       For carrying out section 430 of the Social Security Act, 
     $305,000,000.


       payments to states for foster care and adoption assistance

       For making payments to States or other non-Federal entities 
     under title IV-E of the Social Security Act, $4,863,100,000;
       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 2002, $1,735,900,000.

                        Administration on Aging


                        aging services programs

       For carrying out, to the extent not otherwise provided, the 
     Older Americans Act of 1965, as amended, and section 398 of 
     the Public Health Service Act, $925,805,000: Provided, That 
     notwithstanding section 308(b)(1) of the Older Americans Act 
     of 1965, as amended, the amounts available to each State for 
     administration of the State plan under title III of such Act 
     shall be reduced not more than 5 percent below the amount 
     that was available to such State for such purpose for fiscal 
     year 1995: Provided further, That in considering grant 
     applications for nutrition services for elder Indian 
     recipients, the Assistant Secretary shall provide maximum 
     flexibility to applicants who seek to take into account 
     subsistence, local customs, and other characteristics that 
     are appropriate to the unique cultural, regional, and 
     geographic needs of the American Indian, Alaska and Hawaiian 
     Native communities to be served.

                        Office of the Secretary


                    general departmental management

       For necessary expenses, not otherwise provided, for general 
     departmental management, including hire of six sedans, and 
     for carrying out titles III, XVII, and XX of the Public 
     Health Service Act, and the United States-Mexico Border 
     Health Commission Act, $206,780,000, 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.


                      office of inspector general

       For expenses necessary for the Office of Inspector General 
     in carrying out the provisions of the Inspector General Act 
     of 1978, as amended, $31,394,000: Provided, That, for the 
     current fiscal year, not more than $120,000,000 may be made 
     available under section 1817(k)(3)(A) of the Social Security 
     Act (42 U.S.C. 1395i(k)(3)(A)) from the Health Care Fraud and 
     Abuse Control Account of the Federal Hospital Insurance Trust 
     Fund for purposes of the activities of the Office of 
     Inspector General with respect to the Medicare and Medicaid 
     programs.


                        office for civil rights

       For expenses necessary for the Office for Civil Rights, 
     $18,774,000, 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.

[[Page H4230]]

                            policy research

       For carrying out, to the extent not otherwise provided, 
     research studies under section 1110 of the Social Security 
     Act, $16,738,000.


     retirement pay and medical benefits for commissioned officers

       For retirement pay and medical benefits of Public Health 
     Service Commissioned Officers as authorized by law, for 
     payments under the Retired Serviceman's Family Protection 
     Plan and Survivor Benefit Plan, for medical care of 
     dependents and retired personnel under the Dependents' 
     Medical Care Act (10 U.S.C. ch. 55), and for payments 
     pursuant to section 229(b) of the Social Security Act (42 
     U.S.C. 429(b)), such amounts as may be required during the 
     current fiscal year.


            public health and social services emergency fund

       For expenses necessary to support activities related to 
     countering potential biological, disease and chemical threats 
     to civilian populations, $236,600,000: Provided, That this 
     amount is distributed as follows: Centers for Disease Control 
     and Prevention, $182,000,000, of which $30,000,000 shall be 
     for the Health Alert Network; and Office of Emergency 
     Preparedness, $54,600,000. In addition, $114,040,000 shall be 
     available to the Centers for Disease Control and Prevention 
     for the following activities: $61,000,000 for international 
     HIV/AIDS programs; $25,000,000 for global polio eradication 
     activities; $18,040,000 for continued study of the anthrax 
     vaccine; and $10,000,000 for activities related to the West 
     Nile-like virus. In addition, $100,000,000 shall be available 
     to support the Ricky Ray Hemophilia Relief Fund Act of 1988: 
     Provided further, That, notwithstanding any other provision 
     of law, up to $8,000,000 of the amount provided for the Ricky 
     Ray Hemophilia Relief Fund Act may be available for 
     administrative expenses of the Health Resources and Services 
     Administration. In addition, $50,000,000 shall be available 
     to the Office of the Secretary for minority AIDS prevention 
     and treatment activities: Provided further, That the entire 
     amount under this heading is hereby designated by the 
     Congress to be emergency requirements pursuant to section 
     251(b)(2)(A) of the Balanced Budget and Emergency Deficit 
     Control Act of 1985, as amended: Provided further, That the 
     entire amount under this heading shall be made available only 
     after submission to the Congress of a formal budget request 
     by the President that includes designation of the entire 
     amount of the request as an emergency requirement as defined 
     in the Balanced Budget and Emergency Deficit Control Act of 
     1985, as amended: Provided further, That no funds shall be 
     obligated until the Department of Health and Human Services 
     submits an operating plan to the House and Senate Committees 
     on Appropriations.


                             Point of Order

  Mr. COBURN. Mr. Chairman, I make a point of order.
  The CHAIRMAN. The gentleman will state his point of order.
  Mr. COBURN. Mr. Chairman, on page 44, beginning on line 4 with the 
word ``provided'' and continuing through the colon on line 14, 
constitutes legislating on an appropriation and is, therefore, a 
violation of clause 2 of rule XXI.
  I ask for a ruling from the Chair.
  The CHAIRMAN. Does any other Member wish to be heard on the point of 
order?
  Mr. PORTER. Mr. Chairman, this is the money for bioterrorism; and it 
has historically for the last 3 years been designated an emergency. We 
have designated it as an emergency in this bill. But the point of order 
of the gentleman is correct, and we would have to concede it.
  Mr. OBEY. Mr. Chairman, I would also like to be heard on the point of 
order.
  Mr. Chairman, if I understand it correctly, the point of order of the 
gentleman is being lodged to the proviso that begins on line 4, page 
44; is that correct?
  The CHAIRMAN. Two provisos.

                              {time}  1100

  Mr. OBEY. All right, Mr. Chairman, both provisos down through line 
14?
  The CHAIRMAN. That is correct.
  Mr. OBEY. Mr. Chairman, as I understand it, if that proviso is 
stricken, then the CBO is estimating that this bill will be $479 
billion above the budget cap in budget authority and $1.7 billion in 
outlays.
  I want to make sure I understand what these numbers are. I understand 
that the committee itself is estimating that if the supplemental passes 
that, then this bill would be in excess of the budget cap by $500 
million in budget authority and $217 million in outlays.
  Since the argument is being made that Democratic amendments are 
breaching the ceilings, I think it is interesting to note that if this 
point of order lies, that the committee bill itself will be in excess 
of the amount in the budget resolution.
  I would ask either the gentleman from Illinois (Mr. Porter) or the 
gentleman from Oklahoma (Mr. Coburn), do these numbers correspond with 
your understanding of the situation?
  Mr. COBURN. Mr. Chairman, will the gentleman yield?
  Mr. OBEY. I yield to the gentleman from Oklahoma.
  The CHAIRMAN. The gentleman from Wisconsin may not yield. The Chair 
hears argument from each member in his own time.
  Mr. OBEY. Mr. Chairman, I got my answer, so I appreciate it. And we 
concede the point of order.
  The CHAIRMAN. The Chair is prepared to rule. The gentleman from 
Oklahoma (Mr. Coburn) makes a point of order that the provision 
beginning with ``provided'' on page 44, line 4, through ``as amended'' 
on line 14 changes existing law in violation of clause 2(b) of rule 
XXI.
  The provision designates an amount as emergency spending for purposes 
of the Balanced Budget and Emergency Deficit Control Act of 1985. As 
stated on page 796 of the House Rules and Manual, such a designation is 
fundamentally legislative in character.
  Accordingly, the point of order is sustained and the provision is 
stricken.
  The Clerk will read.

                           GENERAL PROVISIONS

       Sec. 201. Funds appropriated in this title shall be 
     available for not to exceed $37,000 for official reception 
     and representation expenses when specifically approved by the 
     Secretary.
       Sec. 202. The Secretary shall make available through 
     assignment not more than 60 employees of the Public Health 
     Service to assist in child survival activities and to work in 
     AIDS programs through and with funds provided by the Agency 
     for International Development, the United Nations 
     International Children's Emergency Fund or the World Health 
     Organization.
       Sec. 203. None of the funds appropriated under this Act may 
     be used to implement section 399L(b) of the Public Health 
     Service Act or section 1503 of the National Institutes of 
     Health Revitalization Act of 1993, Public Law 103-43.
       Sec. 204. None of the funds appropriated in this Act for 
     the National Institutes of Health and the Substance Abuse and 
     Mental Health Services Administration shall be used to pay 
     the salary of an individual, through a grant or other 
     extramural mechanism, at a rate in excess of Executive Level 
     I.
       Sec. 205. None of the funds appropriated in this Act may be 
     expended pursuant to section 241 of the Public Health Service 
     Act, except for funds specifically provided for in this Act, 
     or for other taps and assessments made by any office located 
     in the Department of Health and Human Services, prior to the 
     Secretary's preparation and submission of a report to the 
     Committee on Appropriations of the Senate and of the House 
     detailing the planned uses of such funds.


                          (transfer of funds)

       Sec. 206. Not to exceed 1 percent of any discretionary 
     funds (pursuant to the Balanced Budget and Emergency Deficit 
     Control Act of 1985, as amended) which are appropriated for 
     the current fiscal year for the Department of Health and 
     Human Services in this Act may be transferred between 
     appropriations, but no such appropriation shall be increased 
     by more than 3 percent by any such transfer: Provided, That 
     the Appropriations Committees of both Houses of Congress are 
     notified at least 15 days in advance of any transfer: 
     Provided further, That this section shall not apply to funds 
     appropriated under the heading ``Centers for Disease Control 
     and Prevention-Disease Control, Research, and Training'', 
     funds made available to the Centers for Disease Control and 
     Prevention under the heading ``Public Health and Social 
     Services Emergency Fund'', or any other funds made available 
     in this Act to the Centers for Disease Control and 
     Prevention.
       Sec. 207. The Director of the National Institutes of 
     Health, jointly with the Director of the Office of AIDS 
     Research, may transfer up to 3 percent among institutes, 
     centers, and divisions from the total amounts identified by 
     these two Directors as funding for research pertaining to the 
     human immunodeficiency virus: Provided, That the Congress is 
     promptly notified of the transfer.
       Sec. 208. Of the amounts made available in this Act for the 
     National Institutes of Health, the amount for research 
     related to the human immunodeficiency virus, as jointly 
     determined by the Director of the National Institutes of 
     Health and the Director of the Office of AIDS Research, shall 
     be made available to the ``Office of AIDS Research'' account. 
     The Director of the Office of AIDS Research shall transfer 
     from such account amounts necessary to carry out section 
     2353(d)(3) of the Public Health Service Act.
       Sec. 209. None of the funds appropriated in this Act may be 
     made available to any entity under title X of the Public 
     Health Service Act unless the applicant for the award 
     certifies to the Secretary that it encourages family 
     participation in the decision of minors to seek family 
     planning services and that it provides counseling to minors 
     on how to resist attempts to coerce minors into engaging in 
     sexual activities.

[[Page H4231]]

       Sec. 210. None of the funds appropriated by this Act 
     (including funds appropriated to any trust fund) may be used 
     to carry out the Medicare+Choice program if the Secretary 
     denies participation in such program to an otherwise eligible 
     entity (including a Provider Sponsored Organization) because 
     the entity informs the Secretary that it will not provide, 
     pay for, provide coverage of, or provide referrals for 
     abortions: Provided, That the Secretary shall make 
     appropriate prospective adjustments to the capitation payment 
     to such an entity (based on an actuarially sound estimate of 
     the expected costs of providing the service to such entity's 
     enrollees): Provided further, That nothing in this section 
     shall be construed to change the Medicare program's coverage 
     for such services and a Medicare+Choice organization 
     described in this section shall be responsible for informing 
     enrollees where to obtain information about all Medicare 
     covered services.
       Sec. 211. Substance Abuse.--With respect to fiscal year 
     2001, the amount of an allotment of a State under section 
     1921 of the Public Health Services Act shall not be less than 
     the amount the State received under such section for fiscal 
     year 2000 increased by 33.33 percent of the percentage by 
     which the amount allotted to the States for fiscal year 2001 
     exceeds the amount allotted to the States for fiscal year 
     2000.
       Sec. 212. Notwithstanding any other provision of law, no 
     provider of services under title X of the Public Health 
     Service Act shall be exempt from any State law requiring 
     notification or the reporting of child abuse, child 
     molestation, sexual abuse, rape, or incest.

  Mr. PORTER. Mr. Chairman, I ask unanimous consent that the remainder 
of title II of the bill through page 48, line 25, be considered as 
read, printed in the Record and open to amendment at any point.
  The CHAIRMAN. Is there objection to the request of the gentleman from 
Illinois?
  There was no objection.
  The CHAIRMAN. The Clerk will read.
  The Clerk read as follows:
       Sec. 213. None of the funds in this Act or any other Act 
     may be used to obligate funds for the National Institutes of 
     Health in excess of the total amount identified for this 
     purpose for fiscal year 2001 in the President's budget 
     request (H. Doc 106-162): Provided, That none of the funds 
     made available for each Institute, Center, Office, or 
     Buildings and Facilities shall be reduced below the amounts 
     shown in the budget request column of the table printed in 
     the report accompanying the bill making appropriations for 
     the Departments of Labor, Health and Human Services, 
     Education, and Related Agencies for fiscal year 2001.


                 Amendment No. 13 Offered by Ms. Pelosi

  Ms. PELOSI. Mr. Chairman, I offer Amendment No. 13.
  The CHAIRMAN. Is the gentlewoman from California a designee of the 
gentleman from Wisconsin (Mr. Obey)?
  Ms. PELOSI. Yes, I am, Mr. Chairman.
  Mr. PORTER. Mr. Chairman, I reserve a point of order on the 
gentlewoman's amendment.
  The CHAIRMAN. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Amendment No. 13 offered by Ms. Pelosi:
       Page 49, strike line 1 through 12 (section 213).

  The CHAIRMAN. Pursuant to the order of the House of Thursday, June 8, 
2000, the gentlewoman from California (Ms. Pelosi) and a Member opposed 
each will control 15 minutes.
  The Chair recognizes the gentlewoman from California (Ms. Pelosi).
  Ms. PELOSI. Mr. Chairman, I yield myself such time as I may consume.
  Mr. Chairman, I am introducing this amendment to add $1.7 billion to 
the NIH budget. That would bring us to an increase of $2.7 billion in 
this bill, which will keep us on track for doubling NIH budget in 5 
years.
  The distinguished chairman of our committee, the gentleman from 
Illinois (Mr. Porter), has long been a champion and advocate for the 
National Institutes of Health. It is a sad thing then to see in this 
bill that we cannot stay on track.
  Why can we not? We cannot stay on track because of the bad budget 
numbers that have reduced a bad result in this bill, as I said, when we 
talked about this during general debate, when they asked the question 
why do so many excellent mathematicians come out of MIT, because so 
many good mathematicians go into MIT.
  Why, conversely, do so many bad results come out of this 
appropriations process? Because a bad budget bill went into this 
appropriations process, because that budget agreement, that budget bill 
insists on a huge tax cut for the wealthiest Americans.
  If the majority were willing to cut that tax break for the wealthiest 
1 percent in our country by 20 percent, we would have more than enough 
money to cover all of the amendments that we are talking about in the 
course of this debate on this legislation; whether it deals with 
afternoon childcare or worker training or increasing the funding at the 
National Institutes of Health; whether we are talking about having more 
funds available to stop substance abuse in our country.
  The list goes on and on, but who benefits instead? The wealthiest 1 
percent in our country. Indeed, that same wealthiest 1 percent would 
benefit from increased investments at the National Institutes of 
Health. Members all know that the National Institutes of Health almost 
has a biblical power to cure every person in America, rich or poor, who 
is one episode, one diagnosis, one accident away from needing access to 
excellent health care. The research at the National Institutes of 
Health can find cures.
  We have far more scientific opportunity and applications for 
excellent grants than we are able to meet with appropriate funding. Mr. 
Chairman, again, the gentleman from Illinois (Mr. Porter) and the 
gentleman from Wisconsin (Mr. Obey) have both been long-time champions 
of increased funding at NIH, but that cannot happen in this bill, sad 
to say.
  In fact, in the bill before us it says that we have a $2.7 billion 
increase, recognizing the need that my amendment spells out; yet a 
provision in the back of the bill limits the amount appropriated each 
of the accounts to the level requested by the President.
  I will have more to say on this, Mr. Chairman, after we hear from 
some of our other colleagues.
  Mr. Chairman, I reserve the balance of my time.
  The CHAIRMAN. The Committee will rise informally.
  The SPEAKER pro tempore (Mr. Sessions) assumed the Chair.

                          ____________________