[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 246 Introduced in House (IH)]
108th CONGRESS
1st Session
H. R. 246
Making appropriations for the Departments of Labor, Health and Human
Services, and Education, and realted agencies for the fiscal year
ending September 30, 2003, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 8, 2003
Mr. Regula introduced the following bill; which was referred to the
Committee on Appropriations
_______________________________________________________________________
A BILL
Making appropriations for the Departments of Labor, Health and Human
Services, and Education, and realted agencies for the fiscal year
ending September 30, 2003, 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, 2003, and for other purposes, namely:
TITLE I--DEPARTMENT OF LABOR
EMPLOYMENT AND TRAINING ADMINISTRATION
Training and Employment Services
For necessary expenses of the Workforce Investment Act of 1998,
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 Workforce Investment Act of 1998 and the Women in Apprenticeship
and Nontraditional Occupations Act; $2,675,513,000 plus reimbursements,
of which $1,601,498,000 is available for obligation for the period July
1, 2003 through June 30, 2004, of which $1,045,465,000 is available for
obligation for the period April 1, 2003 through June 30, 2004 to carry
out chapter 4 of the Workforce Investment Act of 1998; and of which
$27,550,000 is available for the period July 1, 2003 through June 30,
2006 for necessary expenses of construction, rehabilitation, and
acquisition of Job Corps centers: Provided, That notwithstanding any
other provision of law, of the funds provided herein under section
137(c) of the Workforce Investment Act of 1998, $276,608,000 shall be
for activities described in section 132(a)(2)(A) of such Act and
$1,207,892,000 shall be for activities described in section
132(a)(2)(B) of such Act: Provided further, That $9,098,000 shall be
for carrying out section 172 of the Workforce Investment Act of 1998:
Provided further, That, notwithstanding any other provision of law or
related regulation, $74,900,000 shall be for carrying out section 167
of the Workforce Investment Act of 1998, including $4,786,000 for
migrant and seasonal housing: Provided further, That notwithstanding
the transfer limitation under section 133(b)(4) of the Workforce
Investment Act of 1998, up to 40 percent of such funds may be
transferred by a local board if approved by the Governor: Provided
further, That notwithstanding sections 127(b)(1)(A) and 174(a)(2)(B) of
such Act, no funds provided herein shall be available to carry out
section 167 of such Act: Provided further, That no funds from any other
appropriation shall be used to provide meal services at or for Job
Corps centers.
For necessary expenses of the Workforce Investment Act of 1998,
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 Workforce Investment Act of 1998; $2,463,000,000 plus
reimbursements, of which $2,363,000,000 is available for obligation for
the period October 1, 2003 through June 30, 2004, and of which
$100,000,000 is available for the period October 1, 2003 through June
30, 2006, for necessary expenses of construction, rehabilitation, and
acquisition of Job Corps centers.
Community Service Employment for Older Americans
To carry out title V of the Older Americans Act of 1965, as
amended, $440,200,000.
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, $972,200,000, 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, $143,452,000, together with
not to exceed $3,475,451,000 (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 51 of the Internal Revenue Code of 1986,
as amended, section 7(d) of the Wagner-Peyser Act, as amended, the
Trade Act of 1974, as amended, 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, 2003, except that funds used for
automation acquisitions shall be available for obligation by the States
through September 30, 2005; of which $143,452,000, together with not to
exceed $773,283,000 of the amount which may be expended from said trust
fund, shall be available for obligation for the period July 1, 2003
through June 30, 2004, 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: Provided, That to the extent that the Average Weekly
Insured Unemployment (AWIU) for fiscal year 2003 is projected by the
Department of Labor to exceed 4,526,000, 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
system, or which are used to support the national activities of the
Federal-State unemployment insurance programs, 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, 2004, $463,000,000.
In addition, for making repayable advances to the Black Lung
Disability Trust Fund in the current fiscal year after September 15,
2003, 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,
$121,451,000, of which $4,711,000 is to administer welfare-to-work
grants, together with not to exceed $50,610,000, 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, $117,044,000.
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, 2003, for such Corporation: Provided,
That not to exceed $13,050,000 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, $378,728,000, together with
$2,029,000 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 $2,000,000 shall be for the
development of an alternative system for the electronic submission of
reports 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 heading
``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, $163,000,000, 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, 2002, 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, 2003: Provided further, That of those funds transferred
to this account from the fair share entities to pay the cost of
administration of the Federal Employees' Compensation Act, $36,986,000
shall be made available to the Secretary as follows: (1) for the
operation of and enhancement to the automated data processing systems,
including document imaging and conversion to a paperless office,
$24,928,000; (2) for medical bill review and periodic roll management,
$11,356,000; (3) for communications redesign, $702,000; and (4) 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.
Administrative Expenses, Energy Employees Occupational Illness
Compensation Fund
(including transfer of funds)
For necessary expenses to administer the Energy Employees
Occupational Illness Compensation Act, $104,867,000, to remain
available until expended: Provided, That the Secretary of Labor is
authorized to transfer to any Executive agency with authority under the
Energy Employees Occupational Illness Compensation Act, including
within the Department of Labor, such sums as may be necessary in fiscal
year 2003 to carry out those authorities: Provided further, That the
Secretary may require that any person filing a claim for benefits under
the Act provide as part of such claim, such identifying information
(including Social Security account number) as may be prescribed.
Black Lung Disability Trust Fund
(including transfer of funds)
Beginning in fiscal year 2003 and thereafter, such sums as may be
necessary from the Black Lung Disability Trust Fund, to remain
available until expended, for payment of all benefits 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. In addition, the following amounts shall be
available from the Fund for fiscal year 2003 for expenses of operation
and administration of the Black Lung Benefits program, as authorized by
section 9501(d)(5): $34,151,000 for transfer to the Employment
Standards Administration, ``Salaries and Expenses''; $24,033,000 for
transfer to Departmental Management, ``Salaries and Expenses'';
$345,000 for transfer to Departmental Management, ``Office of Inspector
General''; and $356,000 for payments into miscellaneous receipts for
the expenses of the Department of Treasury.
OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION
Salaries and Expenses
For necessary expenses for the Occupational Safety and Health
Administration, $444,194,000, including not to exceed $89,747,000 which
shall be the maximum amount available for grants to States under
section 23(g) of the Occupational Safety and Health Act (the ``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 Act; 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, 2003, 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 Act which is applicable to any person who is engaged in a farming
operation which does not maintain a temporary labor camp and employs 10
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 Act with respect to
any employer of 10 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 10 or fewer employees.
MINE SAFETY AND HEALTH ADMINISTRATION
Salaries and Expenses
For necessary expenses for the Mine Safety and Health
Administration, $254,323,000, including purchase and bestowal of
certificates and trophies in connection with mine rescue and first-aid
work, and the hire of passenger motor vehicles; including up to
$1,000,000 for mine rescue and recovery activities, which shall be
available only to the extent that fiscal year 2003 obligations for
these activities exceed $1,000,000; 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
health education and training activities, notwithstanding 31 U.S.C.
3302; and, in addition, the Mine Safety and Health Administration may
retain up to $1,000,000 from fees collected for the approval and
certification of equipment, materials, and explosives for use in mines,
and may utilize such sums for such activities; 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.
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, $415,855,000,
together with not to exceed $72,029,000, which may be expended from the
Employment Security Administration Account in the Unemployment Trust
Fund; and $10,280,000 which shall be available for obligation for the
period July 1, 2003 through June 30, 2004, for Occupational Employment
Statistics.
Office of Disability Employment Policy
salaries and expenses
For necessary expenses for the Office of Disability Employment
Policy to provide leadership, develop policy and initiatives, and award
grants furthering the objective of eliminating barriers to the training
and employment of people with disabilities, $42,500,000.
DEPARTMENTAL MANAGEMENT
Salaries and Expenses
For necessary expenses for Departmental Management, including the
hire of three sedans, and including the management or operation,
through contracts, grants or other arrangements of Departmental
activities conducted by or through the Bureau of International Labor
Affairs, including bilateral and multilateral technical assistance and
other international labor activities, $55,000,000, for the acquisition
of Departmental information technology, architecture, infrastructure,
equipment, software and related needs which will be allocated by the
Department's Chief Information Officer in accordance with the
Department's capital investment management process to assure a sound
investment strategy; $294,103,000; together with not to exceed
$310,000, 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),
notwithstanding any provisions to the contrary contained in Rule 15 of
the Federal Rules of Appellate Procedure: 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 1 year shall be considered
affirmed by the Benefits Review Board on the 1-year anniversary of the
filing of the appeal, 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 or appeal of any decision issued under the
Black Lung Benefits Act (30 U.S.C. 901 et seq.).
Veterans Employment and Training
Not to exceed $185,537,000 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, 4212, 4214, and 4321-4327,
and Public Law 103-353, and which shall be available for obligation by
the States through December 31, 2003. To carry out the Stewart B.
McKinney Homeless Assistance Act and section 168 of the Workforce
Investment Act of 1998, $24,800,000, of which $7,300,000 shall be
available for obligation for the period July 1, 2003 through June 30,
2004.
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, $56,659,000, together with not to exceed $5,597,000, 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 Executive Level II.
(transfer of funds)
Sec. 102. 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 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 15 days in
advance of any transfer.
TITLE II--DEPARTMENT OF HEALTH AND HUMAN SERVICES
HEALTH RESOURCES AND SERVICES ADMINISTRATION
Health Resources and Services
For carrying out titles II, III, IV, 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, and sections 1128E and 1820
of the Social Security Act, the Health Care Quality Improvement Act of
1986, as amended, the Native Hawaiian Health Care Act of 1988, as
amended, the Cardiac Arrest Survival Act of 2000, and the Poison
Control Center Enhancement and Awareness Act, $5,885,497,000, of which
$30,000,000 from general revenues, notwithstanding section 1820(j) of
the Social Security Act, shall be available for carrying out the
Medicare rural hospital flexibility grants program under section 1820
of such Act: Provided, 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 fees collected for the full disclosure of
information under the ``Health Care Fraud and Abuse Data Collection
Program'', authorized by section 1128E(d)(2) of the Social Security
Act, shall be sufficient to recover the full costs of operating the
program, and shall remain available until expended to carry out that
Act: Provided further, That no more than $25,000,000 is available for
carrying out the provisions of Public Law 104-73: Provided further,
That of the funds made available under this heading, $265,275,000 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 $659,000,000 shall be for State AIDS Drug Assistance Programs
authorized by section 2616 of the Public Health Service Act: Provided
further, That $60,000,000 is available for special projects of regional
and national significance under section 501(a)(2) of the Social
Security Act, which shall not be counted toward compliance with the
allocation required in section 502(a)(1) of such Act, and which shall
be used only for making competitive grants to provide abstinence
education (as defined in section 510(b)(2) of such Act) to adolescents
and for evaluations (including longitudinal evaluations) of activities
under the grants and for Federal costs of administering the grants:
Provided further, That grants under the immediately preceding proviso
shall be made only to public and private entities which agree that,
with respect to an adolescent to whom the entities provide abstinence
education under such grant, the entities will not provide to that
adolescent any other education regarding sexual conduct, except that,
in the case of an entity expressly required by law to provide health
information or services the adolescent shall not be precluded from
seeking health information or services from the entity in a different
setting than the setting in which the abstinence education was
provided: Provided further, That the funds expended for such
evaluations may not exceed 3.5 percent of such amount.
Health Education Assistance Loans Program Account
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,
$3,914,000.
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 $2,991,000 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, XIX, XXI, and XXVI
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, $4,288,857,000, of which $200,000,000 shall
remain available until expended for equipment and construction and
renovation of facilities, and of which $183,763,000 for international
HIV/AIDS shall remain available until September 30, 2004, 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 $46,982,000 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 none of the funds made available for injury prevention
and control at the Centers for Disease Control and Prevention may be
used, in whole or in part, 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:
Provided further, That not to exceed $10,000,000 may be available for
making grants under section 1509 of the Public Health Service Act to
not more than 15 States: Provided further, That notwithstanding any
other provision of law, a single contract or related contracts for
development and construction of facilities 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.
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, $4,299,493,000.
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, $2,698,391,000.
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, $360,528,000.
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,
$1,532,394,000.
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,
$1,372,256,000.
National Institute of Allergy and Infectious Diseases
(including transfer of funds)
For carrying out section 301 and title IV of the Public Health
Service Act with respect to allergy and infectious diseases,
$2,674,213,000.
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, $1,742,596,000.
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,
$1,159,405,000.
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,
$600,796,000.
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,
$589,701,000.
National Institute on Aging
For carrying out section 301 and title IV of the Public Health
Service Act with respect to aging, $939,608,000.
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, $474,392,000.
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,
$351,376,000.
National Institute of Nursing Research
For carrying out section 301 and title IV of the Public Health
Service Act with respect to nursing research, $130,044,000.
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, $401,933,000.
National Institute on Drug Abuse
For carrying out section 301 and title IV of the Public Health
Service Act with respect to drug abuse, $912,489,000.
National Institute of Mental Health
For carrying out section 301 and title IV of the Public Health
Service Act with respect to mental health, $1,290,274,000.
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, $431,985,000.
National Institute of Biomedical Imaging and Bioengineering
For carrying out section 301 and title IV of the Public Health
Service Act with respect to biomedical imaging and bioengineering
research, $140,973,000.
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, $1,015,395,000: 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.
National Center for Complementary and Alternative Medicine
For carrying out section 301 and title IV of the Public Health
Service Act with respect to complementary and alternative medicine,
$105,212,000.
National Center on Minority Health and Health Disparities
For carrying out section 301 and title IV of the Public Health
Service Act with respect to minority health and health disparities
research, $151,062,000.
John E. Fogarty International Center
For carrying out the activities at the John E. Fogarty
International Center, $57,064,000.
National Library of Medicine
For carrying out section 301 and title IV of the Public Health
Service Act with respect to health information communications,
$277,273,000, of which $4,000,000 shall be available until expended for
improvement of information systems: Provided, That in fiscal year 2003,
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, $2,476,111,000, of which
$2,240,711,000 shall be available for the Director of NIH to transfer
to any National Institutes of Health appropriation: Provided, That
funding shall be available for the purchase of not to exceed 29
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 the National
Institutes of Health 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 National Institutes of Health Management
Fund shall remain available for 1 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.
buildings and facilities
(including transfer of funds)
For the study of, construction of, renovation of, and acquisition
of equipment for, facilities of or used by the National Institutes of
Health, including the acquisition of real property, $296,100,000, to
remain available until expended.
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, $3,167,897,000.
AGENCY FOR HEALTHCARE RESEARCH AND QUALITY
Healthcare Research and Quality
For carrying out titles III and IX of the Public Health Service
Act, and part A of title XI of the Social Security Act, $2,600,000; in
addition, amounts received from Freedom of Information Act fees,
reimbursable and interagency agreements, and the sale of data shall be
credited to this appropriation and shall remain available until
expended: Provided, That the amount made available pursuant to section
927(c) of the Public Health Service Act shall not exceed $296,145,000.
CENTERS FOR MEDICARE AND MEDICAID SERVICES
Grants to States for Medicaid
For carrying out, except as otherwise provided, titles XI and XIX
of the Social Security Act, $112,090,218,000, to remain available until
expended.
For making, after May 31, 2003, payments to States under title XIX
of the Social Security Act for the last quarter of fiscal year 2003 for
unanticipated costs, incurred for the current fiscal year, such sums as
may be necessary.
For making payments to States or in the case of section 1928 on
behalf of States under title XIX of the Social Security Act for the
first quarter of fiscal year 2004, $51,861,386,000, 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 section
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, $81,462,700,000.
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, the Medicare, Medicaid, and SCHIP Benefits
Improvement and Protection Act of 2000, and the Clinical Laboratory
Improvement Amendments of 1988, not to exceed $2,550,488,000, 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
section 1857(e)(2) of the Social Security 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 from amounts appropriated under this heading, $13,000,000
shall be available for production and distribution of informational
materials on infant and toddler health care to expectant parents and to
parents and guardians enrolled in Medicaid: Provided further, That from
amounts appropriated under this heading, $3,000,000 for the managed
care system redesign shall remain available until expended: Provided
further, That $51,000,000, to remain available until September 30,
2004, is for contract costs for the Healthcare Integrated General
Ledger Accounting System: Provided further, That the Secretary of
Health and Human Services is directed to collect fees in fiscal year
2003 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: Provided further, That to the extent
Medicare claims volume is projected by the Centers for Medicare and
Medicaid Services (CMS) to exceed 223,500,000 Part A claims and/or
870,000,000 Part B claims, an additional $46,800,000 shall be available
for obligation for every 50,000,000 increase in Medicare claims volume
(including a pro rata amount for any increment less than 50,000,000)
from the Federal Hospital Insurance and the Federal Supplementary
Medical Insurance Trust Fund: Provided further, That, for the current
fiscal year, not more than $700,000,000 may be made available under
section 1817(k)(4) of the Social Security Act (42 U.S.C. 1395i(k)(4))
from the Health Care Fraud and Abuse Control Account of the Federal
Hospital Insurance Trust Fund to carry out the Medicare Integrity
Program under section 1893 of such 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 2003, no commitments for direct loans or loan guarantees shall be
made.
Administration for Children and Families
Payments to States for Child Support Enforcement and Family Support
Programs
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), $2,475,800,000, to remain
available until expended; and for such purposes for the first quarter
of fiscal year 2004, $1,100,000,000, to remain available until
expended.
For making payments to each State for carrying out the program of
Aid to Families with Dependent Children under title IV-A of the Social
Security Act before the effective date of the program of Temporary
Assistance to Needy Families (TANF) with respect to such State, such
sums as may be necessary: Provided, That the sum of the amounts
available to a State with respect to expenditures under such title IV-A
in fiscal year 1997 under this appropriation and under such title IV-A
as amended by the Personal Responsibility and Work Opportunity
Reconciliation Act of 1996 shall not exceed the limitations under
section 116(b) of such Act.
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 3 months of the current fiscal year for
unanticipated costs, incurred for the current fiscal year, such sums as
may be necessary.
Low Income Home Energy Assistance
For making payments under title XXVI of the Omnibus Budget
Reconciliation Act of 1981, $1,700,000,000.
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), $436,724,000: Provided, That funds appropriated pursuant to
section 414(a) of the Immigration and Nationality Act for fiscal year
2003 shall be available for the costs of assistance provided and other
activities through September 30, 2005: Provided further, That up to
$10,000,000 is available to carry out the Trafficking Victims
Protection Act of 2000.
For carrying out section 5 of the Torture Victims Relief Act of
1998 (Public Law 105-320), $10,000,000.
Payments to States for the 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), $2,099,994,000 shall be used to supplement, not supplant
state general revenue funds for child care assistance for low-income
families: Provided, That $19,120,000 shall be available for child care
resource and referral and school-aged child care activities, of which
$1,000,000 shall be for the Child Care Aware toll free hotline:
Provided further, That, in addition to the amounts required to be
reserved by the States under section 658G, $272,672,000 shall be
reserved by the States for activities authorized under section 658G, of
which $100,000,000 shall be for activities that improve the quality of
infant and toddler care: Provided further, That $10,000,000 shall be
for use by the Secretary for child care research, demonstration, and
evaluation activities.
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
subparagraph (B) of section 404(d)(2) of such Act, the applicable
percent specified under such subparagraph for a State to carry out
State programs pursuant to title XX of such Act shall be 10 percent.
Children and Families Services Programs
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, sections 310 and 316 of the Family Violence Prevention
and Services Act, as amended, 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), sections 1201 and
1211 of the Children's Health Act of 2000, the Abandoned Infants
Assistance Act of 1988, 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, sections 473A and 477(i) 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,
$8,467,062,000, of which $43,000,000, to remain available until
September 30, 2004, 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) and may be made for adoptions
completed in fiscal years 2001 and 2002; of which $658,164,000 shall be
for making payments under the Community Services Block Grant Act; and
of which $6,667,533,000 shall be for making payments under the Head
Start Act, of which $1,400,000,000 shall become available October 1,
2003 and remain available through September 30, 2004: 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: Provided further, That
$88,133,000 shall be for activities authorized by the Runaway and
Homeless Youth Act, notwithstanding the allocation requirements of
section 388(a) of such Act, of which $39,739,900 is for the
transitional living program: Provided further, That $30,000,000 is for
a compassion capital fund to provide grants to charitable organizations
to emulate model social service programs and to encourage research on
the best practices of social service organizations: Provided further,
That the Secretary shall establish procedures regarding the disposition
of intangible property which permits grant funds, or intangible assets
acquired with funds authorized under section 680 of the Community
Services Block Grant Act, as amended, to become the sole property of
such grantees after a period of not more than 12 years after the end of
the grant for purposes and uses consistent with the original grant:
Provided further, That funds appropriated for section 680(a)(2) of the
Community Services Block Grant Act, as amended, shall be available for
financing construction and rehabilitation and loans or investments in
private business enterprises owned by community development
corporations.
Promoting Safe and Stable Families
For carrying out section 436 of the Social Security Act,
$305,000,000; and for section 437, $70,000,000.
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, $4,855,000,000.
For making payments to States or other non-Federal entities under
title IV-E of the Act, for the first quarter of fiscal year 2004,
$1,745,600,000.
For making, after May 31 of the current fiscal year, payments to
States or other non-Federal entities under section 474 of title IV-E,
for the last 3 months of the current fiscal year for unanticipated
costs, incurred for the current fiscal year, such sums as may be
necessary.
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, $1,355,844,000, of which $5,000,000 shall be available for
activities regarding medication management, screening, and education to
prevent incorrect medication and adverse drug reactions; and of which
$149,670,000 shall be allocated to States consistent with the formula
in section 311 of the Older Americans Act of 1965.
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, $352,600,000,
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 of the funds made available under this heading for
carrying out title XX of the Public Health Service Act, $11,885,000
shall be for activities specified under section 2003(b)(2), of which
$10,157,000 shall be for prevention service demonstration grants under
section 510(b)(2) of title V of the Social Security Act, as amended,
without application of the limitation of section 2010(c) of said title
XX: Provided further, That of this amount, $50,000,000 is for minority
AIDS prevention and treatment activities; and $20,000,000 shall be for
an Information Technology Security and Innovation Fund for Department-
wide activities involving cybersecurity, information technology
security, and related innovation projects.
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, $37,300,000: Provided, That, of such amount, necessary sums
are available for providing protective services to the Secretary and
investigating non-payment of child support cases for which non-payment
is a Federal offense under 18 U.S.C. 228.
office for civil rights
For expenses necessary for the Office for Civil Rights,
$30,328,000, 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 and title III of
the Public Health Service Act, $2,499,000: Provided, That in addition
to amounts provided herein, $18,000,000 shall be available from amounts
available under section 241 of the Public Health Service Act to carry
out national health or human services research and evaluation
activities: Provided further, That the expenditure of any funds
available under section 241 of the Public Health Service Act are
subject to the requirements of section 205 of this Act.
medical benefits for commissioned officers
For medical benefits of Public Health Service Commissioned Officers
as authorized by law, and for medical care of dependents and retired
personnel under the Dependents' Medical Care Act (10 U.S.C. ch. 55),
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, $2,507,184,000: Provided, That this amount is distributed
as follows: Centers for Disease Control and Prevention, $1,522,944,000,
of which $300,000,000 shall remain available until expended for the
National Pharmaceutical Stockpile; Office of the Secretary,
$152,240,000; Health Resources and Services Administration,
$572,000,000; Substance Abuse and Mental Health Services
Administration, $10,000,000; and National Institute of Allergy and
Infectious Diseases, $250,000,000, to remain available until expended;
Provided further, That at the discretion of the Secretary, these
amounts may be transferred between categories subject to normal
reprogramming procedures.
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 399F(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, the Agency for Healthcare Research and
Quality, 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.
Sec. 206. Notwithstanding section 241(a) of the Public Health
Service Act, such portion as the Secretary shall determine, but not
more than 1.25 percent, of any amounts appropriated for programs
authorized under said Act shall be made available for the evaluation
(directly, or by grants or contracts) of the implementation and
effectiveness of such programs.
(transfer of funds)
Sec. 207. 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 or any other
Act may be transferred between appropriations, but no such
appropriation shall be increased by more than 3 percent by any such
transfer: Provided, That an appropriation may be increased by up to an
additional 2 percent subject to approval by the House and Senate
Committees on Appropriations: Provided further, That the Appropriations
Committees of both Houses of Congress are notified at least 15 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
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. 210. 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. 211. None of the funds appropriated by this Act (including
funds appropriated to any trust fund) may be used to carry out the
Medicare+Choice program if the Secretary denies participation in such
program to an otherwise eligible entity (including a Provider Sponsored
Organization) because the entity informs the Secretary that it will not
provide, pay for, provide coverage of, or provide referrals for
abortions: Provided, That the Secretary shall make appropriate
prospective adjustments to the capitation payment to such an entity
(based on an actuarially sound estimate of the expected costs of
providing the service to such entity's enrollees): Provided further,
That nothing in this section shall be construed to change the Medicare
program's coverage for such services and a Medicare+Choice organization
described in this section shall be responsible for informing enrollees
where to obtain information about all Medicare covered services.
Sec. 212. 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.
Sec. 213. (a) Except as provided by subsection (e) none of the
funds appropriated by this Act may be used to withhold substance abuse
funding from a State pursuant to section 1926 of the Public Health
Service Act (42 U.S.C. 300x-26) if such State certifies to the
Secretary of Health and Human Services by May 1, 2003 that the State
will commit additional State funds, in accordance with subsection (b),
to ensure compliance with State laws prohibiting the sale of tobacco
products to individuals under 18 years of age.
(b) The amount of funds to be committed by a State under subsection
(a) shall be equal to 1 percent of such State's substance abuse block
grant allocation for each percentage point by which the State misses
the retailer compliance rate goal established by the Secretary of
Health and Human Services under section 1926 of such Act.
(c) The State is to maintain State expenditures in fiscal year 2003
for tobacco prevention programs and for compliance activities at a
level that is not less than the level of such expenditures maintained
by the State for fiscal year 2002, and adding to that level the
additional funds for tobacco compliance activities required under
subsection (a). The State is to submit a report to the Secretary on all
fiscal year 2002 State expenditures and all fiscal year 2003
obligations for tobacco prevention and compliance activities by program
activity by July 31, 2003.
(d) The Secretary shall exercise discretion in enforcing the timing
of the State obligation of the additional funds required by the
certification described in subsection (a) as late as July 31, 2003.
(e) None of the funds appropriated by this Act may be used to
withhold substance abuse funding pursuant to section 1926 from a
territory that receives less than $1,000,000.
Sec. 214. In order for the Centers for Disease Control and
Prevention to carry out international health activities, including HIV/
AIDS and other infectious disease, chronic and environmental disease,
and other health activities abroad during fiscal year 2003, the
Secretary of Health and Human Services is authorized to--
(1) utilize the authorities contained in subsection 2(c) of
the State Department Basic Authorities Act of 1956, as amended;
and
(2) utilize the authorities contained in 22 U.S.C. 291 and
292 and directly or through contract or cooperative agreement
to lease, alter or renovate facilities in foreign countries, to
carry out programs supported by this appropriation
notwithstanding PHS Act section 307.
In exercising the authority set forth in paragraphs (1) and (2), the
Secretary of Health and Human Services shall consult with the
Department of State to assure that planned activities are within the
legal strictures of the State Department Basic Authorities Act of 1956,
as amended, and other applicable parts of title 22, United States Code.
Sec. 215. The Division of Federal Occupational Health may utilize
personal services contracting to employ professional management/
administrative and occupational health professionals.
Sec. 216. The Director of the National Institutes of Health may
transfer up to $100,000,000 from National Institutes of Health
appropriations to International Assistance Programs, ``Global Fund to
Fight HIV/AIDS, Malaria, and Tuberculosis'', to remain available until
expended.
TITLE III--DEPARTMENT OF EDUCATION
Education for the Disadvantaged
For carrying out title I of the Elementary and Secondary Education
Act of 1965 (``ESEA'') and section 418A of the Higher Education Act of
1965, $12,936,900,000, of which $5,892,199,000 shall become available
on July 1, 2003, and shall remain available through September 30, 2004,
and of which $6,883,301,000 shall become available on October 1, 2003,
and shall remain available through September 30, 2004, for academic
year 2003-2004: Provided, That $235,000,000 shall be available for
comprehensive school reform grants under part F of the ESEA: Provided
further, That $7,172,971,000 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 of Education on October 1, 2002, to
obtain updated local educational-agency-level census poverty data from
the Bureau of the Census: Provided further, That $1,365,031,000 shall
be available for concentration grants under section 1124A: Provided
further, That $1,518,499,000 shall be available for targeted grants
under section 1125: Provided further, That $793,499,000 shall be
available for education finance incentive grants under section 1125A.
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, $1,185,000,000, of which
$1,022,000,000 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), $45,000,000 shall be for
construction under section 8007 and shall remain available through
September 30, 2004, $60,000,000 shall be for Federal property payments
under section 8002, and $8,000,000, to remain available until expended,
shall be for facilities maintenance under section 8008.
School Improvement Programs
For carrying out school improvement activities authorized by titles
II, IV, V, subpart 1 of part A of title VI, and parts B and C of title
VII of the Elementary and Secondary Education Act of 1965 (``ESEA'');
the McKinney-Vento Homeless Assistance Act; and the Civil Rights Act of
1964, $7,347,584,000, of which $500,000,000 shall become available
October 1, 2002, and shall remain available through September 30, 2004,
of which $3,558,017,000 shall become available on July 1, 2003, and
remain available through September 30, 2004, and of which
$2,265,000,000 shall become available on October 1, 2003, and shall
remain available through September 30, 2004, for academic year 2003-
2004: Provided, That of the funds made available for subpart 2 of part
A of title IV of the ESEA, $10,000,000, to remain available until
expended, shall be for the Project School Emergency Response to
Violence program to provide education-related services to local
educational agencies in which the learning environment has been
disrupted due to a violent or traumatic crisis: Provided further, That
$387,000,000 shall be for subpart 1 of part A of title VI of the ESEA.
Indian Education
For expenses necessary to carry out, to the extent not otherwise
provided, title VII, part A of the Elementary and Secondary Education
Act of 1965, $122,368,000.
English Language Acquisition
For carrying out title III, part A of the ESEA, $665,000,000, of
which $469,000,000 shall become available on July 1, 2003, and shall
remain available through September 30, 2004.
Special Education
For carrying out the Individuals with Disabilities Education Act,
$9,187,804,000, of which $4,335,233,000 shall become available for
obligation on July 1, 2003, and shall remain available through
September 30, 2004, and of which $5,072,000,000 shall become available
on October 1, 2003, and shall remain available through September 30,
2004, for academic year 2003-2004: Provided, That the amount for
section 611(c) of the Act shall be equal to the amount available for
that section in the Department of Education Appropriations Act, 2002,
increased by the amount of inflation as specified in section
611(f)(1)(B)(ii) of the Act.
Rehabilitation Services and Disability Research
For carrying out, to the extent not otherwise provided, the
Rehabilitation Act of 1973, the Assistive Technology Act of 1998, and
the Helen Keller National Center Act, $2,956,676,000, of which
$45,218,000 shall remain available through September 30, 2004: Provided
further, That the funds provided for title I of the Assistive
Technology Act of 1998 (``the AT Act'') shall be allocated
notwithstanding section 105(b)(1) of the AT Act: Provided further, That
each State shall be provided $50,000 for activities under section 102
of the AT Act: Provided further, That $15,218,000 shall be used to
support grants for up to 3 years to States under title III of the AT
Act, of which the Federal share shall not exceed 75 percent in the
first year, 50 percent in the second year, and 25 percent in the third
year, and that the requirements in section 301(c)(2) and section 302 of
that Act shall not apply to such grants.
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.), $15,500,000.
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.), $53,500,000, of which $1,600,000 shall be for construction and
shall remain available until expended, and of which not less than
$1,000,000 shall be used for the endowment program as authorized under
section 207: Provided, That such $1,000,000 is available until
expended.
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.), $95,000,000, of which not less than
$1,000,000 shall be used for the endowment program as authorized under
section 207: Provided, That such $1,000,000 is available until
expended.
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 and Family Literacy Act, $1,919,560,000 of which
$1,122,060,000 shall become available on July 1, 2003 and shall remain
available through September 30, 2004 and of which $791,000,000 shall
become available on October 1, 2003 and shall remain available through
September 30, 2004: Provided, That of the amount provided for Adult
Education State Grants, $70,000,000 shall be made available for
integrated English literacy and civics education services to immigrants
and other limited English proficient populations: Provided further,
That of the amount reserved for integrated English literacy and civics
education, notwithstanding section 211 of the Adult Education and
Family Literacy Act, 65 percent shall be allocated to States based on a
State's absolute need as determined by calculating each State's share
of a 10-year average of the Immigration and Naturalization Service data
for immigrants admitted for legal permanent residence for the 10 most
recent years, and 35 percent allocated to States that experienced
growth as measured by the average of the 3 most recent years for which
Immigration and Naturalization Service data for immigrants admitted for
legal permanent residence are available, except that no State shall be
allocated an amount less than $60,000: Provided further, That of the
amounts made available for the Adult Education and Family Literacy Act,
$9,500,000 shall be for national leadership activities under section
243 and $6,560,000 shall be for the National Institute for Literacy
under section 242.
Student Financial Assistance
For carrying out subparts 1, 3, and 4 of part A, section 428K, part
C and part E of title IV of the Higher Education Act of 1965, as
amended, $13,171,610,000, which shall remain available through
September 30, 2004.
The maximum Pell Grant for which a student shall be eligible during
award year 2002-2003 shall be $4,000.
Higher Education
For carrying out, to the extent not otherwise provided, section 121
and titles II, III, IV, V, VI, and VII of the Higher Education Act of
1965, as amended, section 1543 of the Higher Education Amendments of
1992, title VIII of the Higher Education Amendments of 1998 (``HEA''),
and the Mutual Educational and Cultural Exchange Act of 1961,
$1,903,553,000, of which $3,000,000 for interest subsidies authorized
by section 121 of the HEA, shall remain available until expended:
Provided, That $10,000,000, to remain available through September 30,
2004, shall be available to fund fellowships for academic year 2004-
2005 under part A, subpart 1 of title VII of said Act, under the terms
and conditions of part A, subpart 1: Provided further, That $1,000,000
is for data collection and evaluation activities for programs under the
HEA, including such activities needed to comply with the Government
Performance and Results Act of 1993: Provided further, That
notwithstanding any other provision of law, funds made available in
this Act to carry out title VI of the HEA and section 102(b)(6) of the
Mutual Educational and Cultural Exchange Act of 1961 may be used to
support visits and study in foreign countries by individuals who are
participating in advanced foreign language training and international
studies in areas that are vital to United States national security and
who plan to apply their language skills and knowledge of these
countries in the fields of government, the professions, or
international development: Provided further, That up to one percent of
the funds referred to in the preceding proviso may be used for program
evaluation, national outreach, and information dissemination
activities: Provided further, That the funds provided for part B of
title VII of the HEA may be used, at the discretion of the Secretary of
Education, to fund continuation awards under title VII, part D of said
Act.
Howard University
For partial support of Howard University (20 U.S.C. 121 et seq.),
$240,000,000, of which not less than $3,600,000 shall be for a matching
endowment grant pursuant to the Howard University Endowment Act (Public
Law 98-480) and shall remain available until expended.
College Housing and Academic Facilities Loans Program
For Federal administrative expenses authorized under section 121 of
the Higher Education Act of 1965, $762,000 to carry out activities
related to existing facility loans entered into under the Higher
Education Act of 1965.
Historically Black College and University Capital Financing Program
Account
The aggregate principal amount of outstanding bonds insured
pursuant to section 344 of title III, part D of the Higher Education
Act of 1965 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 III, part D of the Higher Education Act of 1965, as amended,
$208,000.
Education Research, Statistics, and Assessment
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, including sections
411 and 412, $397,887,000.
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 three
passenger motor vehicles, $411,795,000, of which $12,795,000, to remain
available until expended, shall be for building alterations and related
expenses for the modernization of the Mary E. Switzer Building in
Washington, D.C.
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, $86,276,000.
Office of the Inspector General
For expenses necessary for the Office of the Inspector General, as
authorized by section 212 of the Department of Education Organization
Act, $41,000,000.
student aid administration
For Federal administrative expenses (in addition to funds made
available under section 458), to carry out part D of title I, and
subparts 1, 3, and 4 of part A, and parts B, C, D, and E of title IV of
the Higher Education Act of 1965, as amended, $105,388,000.
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 of
1985, 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 15 days in advance of any
transfer.
TITLE IV--RELATED AGENCIES
Armed Forces Retirement Home
For expenses necessary for the Armed Forces Retirement Home to
operate and maintain the Armed Forces Retirement Home--Washington and
the Armed Forces Retirement Home--Gulfport, to be paid from funds
available in the Armed Forces Retirement Home Trust Fund, $67,340,000
of which $5,712,000 shall remain available until expended for
construction and renovation of the physical plants at the Armed Forces
Retirement Home--Washington and the Armed Forces Retirement Home--
Gulfport.
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, $350,331,000: Provided, That none of
the funds made available to the Corporation for National and Community
Service in this Act shall be used to provide stipends or other monetary
incentives to volunteers or volunteer leaders whose incomes exceed 125
percent of the national poverty level.
Corporation for Public Broadcasting
(including rescission)
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
2005, $380,000,000: 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: Provided further, That, for
fiscal year 2003, in addition to the amounts provided above,
$25,000,000, for costs related to digital program production,
development, and distribution, associated with the transition of public
broadcasting to digital broadcasting, to be awarded as determined by
the Corporation in consultation with public radio and television
licensees or permittees, or their designated representations: Provided
further, That, of the funds appropriated under this heading for fiscal
year 2003 in the Departments of Labor, Health, and Human Services, and
Education, and Related Agencies Appropriations Act, 2001 (as enacted
into law by Public Law 106-554), $15,000,000 is rescinded.
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),
$40,718,000, including $1,500,000, to remain available through
September 30, 2004, 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 other conflict resolution services
and technical assistance, including those provided to foreign
governments and international organizations, 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 and use on
behalf of the United States gifts of service 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.), $7,127,000.
Institute of Museum and Library Services
For carrying out the Museum and Library Services Act, $210,000,000,
of which $10,000,000 shall remain available until expended for the
Laura Bush Recruiting and Educating Librarians for the 21st Century
Initiative.
Medicare Payment Advisory Commission
salaries and expenses
For expenses necessary to carry out section 1805 of the Social
Security Act, $8,250,000, 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), $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,
$2,830,000.
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,
$226,618,000: 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.
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, $11,203,000.
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), $9,577,000.
RAILROAD RETIREMENT BOARD
Dual Benefits Payments Accounts
For payment to the Dual Benefits Payments Account, authorized under
section 15(d) of the Railroad Retirement Act of 1974, $132,000,000,
which shall include amounts becoming available in fiscal year 2003
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 $132,000,000:
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, 2004, 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, $100,000,000, to be derived in such amounts
as determined by the Board from the railroad retirement accounts and
from moneys credits 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 $6,300,000, to
be derived from the railroad retirement accounts and railroad
unemployment insurance account: Provided further, 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.
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, $20,400,000.
Special Benefits for Disabled Coal Miners
For carrying out title IV of the Federal Mine Safety and Health Act
of 1977, $300,177,000, 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
2004, $97,000,000, 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,
$23,906,392,000, 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.
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 2004, $11,080,000,000, to
remain available until expended.
Limitation on Administrative Expenses
For necessary expenses, including the hire of two passenger motor
vehicles, and not to exceed $15,000 for official reception and
representation expenses, not more than $7,825,000,000 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 $1,800,000 shall be for the Social Security Advisory Board:
Provided further, That unobligated balances of funds provided under
this paragraph at the end of fiscal year 2003 not needed for fiscal
year 2003 shall remain available through fiscal year 2004 to invest in
the Social Security Administration information technology and
telecommunications hardware and software infrastructure, including
related equipment and non-payroll administrative expenses associated
solely with this information technology and telecommunications
infrastructure: 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.
In addition, $111,000,000 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 2003 exceed $111,000,000, the amounts shall be available in
fiscal year 2004 only to the extent provided in advance in
appropriations Acts.
From funds previously appropriated for this purpose, any
unobligated balances at the end of fiscal year 2002 shall be available
to continue Federal-State partnerships which will evaluate means to
promote Medicare buy-in programs targeted to elderly and disabled
individuals under titles XVIII and XIX of the Social Security Act.
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, $21,000,000, together with not to exceed $62,000,000, 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, $15,104,000.
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 authorized to
make available not to exceed $28,000 and $20,000, respectively, 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) 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) 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) 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 non-governmental 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. (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. 511. (a) None of the funds made available in this Act may be
used for any activity that 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) The limitation in subsection (a) shall not apply when 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. 512. None of the funds made available in this Act may be
obligated or expended to enter into or renew a contract with an entity
if--
(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. 513. None of the funds made available in this Act may be used
to promulgate or adopt any final standard under section 1173(b) of the
Social Security Act (42 U.S.C. 1320d-2(b)) providing for, or providing
for the assignment of, a unique health identifier for an individual
(except in an individual's capacity as an employer or a health care
provider), until legislation is enacted specifically approving the
standard.
Sec. 514. None of the funds made available in this Act may be
transferred to any department, agency, or instrumentality of the United
States Government, except pursuant to a transfer made by, or transfer
authority provided in, this Act or any other appropriation Act.
This Act may be cited as the ``Departments of Labor, Health and
Human Services, and Education, and Related Agencies Appropriations Act,
2003''.