[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had been withdrawn and the bill was open for amendment from page 37,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.
____________________