I 

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.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 That the following sums are appropriated, out of any 

4 money in the Treasury not otherwise appropriated, for the 

5 Departments of Labor, Health and Human Services, and 

6 Education, and related agencies for the fiscal year ending 

7 September 30, 2003, and for other purposes, namely:
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1 TITLE I—DEPARTMENT OF LABOR 

2 EMPLOYMENT AND TRAINING 

3 ADMINISTRATION 

4 TRAINING AND EMPLOYMENT SERVICES

5 For necessary expenses of the Workforce Investment 

6 Act of 1998, including the purchase and hire of passenger 

7 motor vehicles, the construction, alteration, and repair of 

8 buildings and other facilities, and the purchase of real 

9 property for training centers as authorized by the Work10 force Investment Act of 1998 and the Women in Appren11 ticeship and Nontraditional Occupations Act; 

12 $2,675,513,000 plus reimbursements, of which 

13 $1,601,498,000 is available for obligation for the period 

14 July 1, 2003 through June 30, 2004, of which 

15 $1,045,465,000 is available for obligation for the period 

16 April 1, 2003 through June 30, 2004 to carry out chapter 

17 4 of the Workforce Investment Act of 1998; and of which 

18 $27,550,000 is available for the period July 1, 2003 

19 through June 30, 2006 for necessary expenses of construc20 tion, rehabilitation, and acquisition of Job Corps centers: 

21 Provided, That notwithstanding any other provision of 

22 law, of the funds provided herein under section 137(c) of 

23 the Workforce Investment Act of 1998, $276,608,000 

24 shall be for activities described in section 132(a)(2)(A) of 

25 such Act and $1,207,892,000 shall be for activities de-
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1 scribed in section 132(a)(2)(B) of such Act: Provided fur2 ther, That $9,098,000 shall be for carrying out section 

3 172 of the Workforce Investment Act of 1998: Provided 

4 further, That, notwithstanding any other provision of law 

5 or related regulation, $74,900,000 shall be for carrying 

6 out section 167 of the Workforce Investment Act of 1998, 

7 including $4,786,000 for migrant and seasonal housing: 

8 Provided further, That notwithstanding the transfer limi9 tation under section 133(b)(4) of the Workforce Invest10 ment Act of 1998, up to 40 percent of such funds may 

11 be transferred by a local board if approved by the Gov12 ernor: Provided further, That notwithstanding sections 

13 127(b)(1)(A) and 174(a)(2)(B) of such Act, no funds pro14 vided herein shall be available to carry out section 167 

15 of such Act: Provided further, That no funds from any 

16 other appropriation shall be used to provide meal services 

17 at or for Job Corps centers. 

18 For necessary expenses of the Workforce Investment 

19 Act of 1998, including the purchase and hire of passenger 

20 motor vehicles, the construction, alteration, and repair of 

21 buildings and other facilities, and the purchase of real 

22 property for training centers as authorized by the Work23 force Investment Act of 1998; $2,463,000,000 plus reim24 bursements, of which $2,363,000,000 is available for obli25 gation for the period October 1, 2003 through June 30, 
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1 2004, and of which $100,000,000 is available for the pe2 riod October 1, 2003 through June 30, 2006, for nec3 essary expenses of construction, rehabilitation, and acqui4 sition of Job Corps centers. 

5 COMMUNITY SERVICE EMPLOYMENT FOR OLDER

6 AMERICANS

7 To carry out title V of the Older Americans Act of 

8 1965, as amended, $440,200,000. 

9 FEDERAL UNEMPLOYMENT BENEFITS AND ALLOWANCES

10 For payments during the current fiscal year of trade 

11 adjustment benefit payments and allowances under part 

12 I; and for training, allowances for job search and reloca13 tion, and related State administrative expenses under part 

14 II, subchapters B and D, chapter 2, title II of the Trade 

15 Act of 1974, as amended, $972,200,000, together with 

16 such amounts as may be necessary to be charged to the 

17 subsequent appropriation for payments for any period sub18 sequent to September 15 of the current year. 

19 STATE UNEMPLOYMENT INSURANCE AND EMPLOYMENT

20 SERVICE OPERATIONS

21 For authorized administrative expenses, 

22 $143,452,000, together with not to exceed 

23 $3,475,451,000 (including not to exceed $1,228,000 

24 which may be used for amortization payments to States 

25 which had independent retirement plans in their State em-
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1 ployment service agencies prior to 1980), which may be 

2 expended from the Employment Security Administration 

3 Account in the Unemployment Trust Fund including the 

4 cost of administering section 51 of the Internal Revenue 

5 Code of 1986, as amended, section 7(d) of the Wagner6 Peyser Act, as amended, the Trade Act of 1974, as 

7 amended, the Immigration Act of 1990, and the Immigra8 tion and Nationality Act, as amended, and of which the 

9 sums available in the allocation for activities authorized 

10 by title III of the Social Security Act, as amended (42 

11 U.S.C. 502–504), and the sums available in the allocation 

12 for necessary administrative expenses for carrying out 5 

13 U.S.C. 8501–8523, shall be available for obligation by the 

14 States through December 31, 2003, except that funds 

15 used for automation acquisitions shall be available for obli16 gation by the States through September 30, 2005; of 

17 which $143,452,000, together with not to exceed 

18 $773,283,000 of the amount which may be expended from 

19 said trust fund, shall be available for obligation for the 

20 period July 1, 2003 through June 30, 2004, to fund ac21 tivities under the Act of June 6, 1933, as amended, in22 cluding the cost of penalty mail authorized under 39 

23 U.S.C. 3202(a)(1)(E) made available to States in lieu of 

24 allotments for such purpose: Provided, That to the extent 

25 that the Average Weekly Insured Unemployment (AWIU) 
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1 for fiscal year 2003 is projected by the Department of 

2 Labor to exceed 4,526,000, an additional $28,600,000 

3 shall be available for obligation for every 100,000 increase 

4 in the AWIU level (including a pro rata amount for any 

5 increment less than 100,000) from the Employment Secu6 rity Administration Account of the Unemployment Trust 

7 Fund: Provided further, That funds appropriated in this 

8 Act which are used to establish a national one-stop career 

9 center system, or which are used to support the national 

10 activities of the Federal-State unemployment insurance 

11 programs, may be obligated in contracts, grants or agree12 ments with non-State entities: Provided further, That 

13 funds appropriated under this Act for activities authorized 

14 under the Wagner-Peyser Act, as amended, and title III 

15 of the Social Security Act, may be used by the States to 

16 fund integrated Employment Service and Unemployment 

17 Insurance automation efforts, notwithstanding cost alloca18 tion principles prescribed under Office of Management 

19 and Budget Circular A–87. 

20 ADVANCES TO THE UNEMPLOYMENT TRUST FUND AND

21 OTHER FUNDS

22 For repayable advances to the Unemployment Trust 

23 Fund as authorized by sections 905(d) and 1203 of the 

24 Social Security Act, as amended, and to the Black Lung 

25 Disability Trust Fund as authorized by section 9501(c)(1) 
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1 of the Internal Revenue Code of 1954, as amended; and 

2 for nonrepayable advances to the Unemployment Trust 

3 Fund as authorized by section 8509 of title 5, United 

4 States Code, and to the ‘‘Federal unemployment benefits 

5 and allowances’’ account, to remain available until Sep6 tember 30, 2004, $463,000,000. 

7 In addition, for making repayable advances to the 

8 Black Lung Disability Trust Fund in the current fiscal 

9 year after September 15, 2003, for costs incurred by the 

10 Black Lung Disability Trust Fund in the current fiscal 

11 year, such sums as may be necessary. 

12 PROGRAM ADMINISTRATION

13 For expenses of administering employment and train14 ing programs, $121,451,000, of which $4,711,000 is to 

15 administer welfare-to-work grants, together with not to ex16 ceed $50,610,000, which may be expended from the Em17 ployment Security Administration Account in the Unem18 ployment Trust Fund. 

19 PENSION AND WELFARE BENEFITS 

20 ADMINISTRATION 

21 SALARIES AND EXPENSES

22 For necessary expenses for the Pension and Welfare 

23 Benefits Administration, $117,044,000. 
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1 PENSION BENEFIT GUARANTY CORPORATION 

2 PENSION BENEFIT GUARANTY CORPORATION FUND

3 The Pension Benefit Guaranty Corporation is author4 ized to make such expenditures, including financial assist5 ance authorized by section 104 of Public Law 96–364, 

6 within limits of funds and borrowing authority available 

7 to such Corporation, and in accord with law, and to make 

8 such contracts and commitments without regard to fiscal 

9 year limitations as provided by section 104 of the Govern10 ment Corporation Control Act, as amended (31 U.S.C. 

11 9104), as may be necessary in carrying out the program 

12 through September 30, 2003, for such Corporation: Pro13 vided, That not to exceed $13,050,000 shall be available 

14 for administrative expenses of the Corporation: Provided 

15 further, That expenses of such Corporation in connection 

16 with the termination of pension plans, for the acquisition, 

17 protection or management, and investment of trust assets, 

18 and for benefits administration services shall be consid19 ered as non-administrative expenses for the purposes here20 of, and excluded from the above limitation. 

21 EMPLOYMENT STANDARDS ADMINISTRATION 

22 SALARIES AND EXPENSES

23 For necessary expenses for the Employment Stand24 ards Administration, including reimbursement to State, 

25 Federal, and local agencies and their employees for inspec-
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1 tion services rendered, $378,728,000, together with 

2 $2,029,000 which may be expended from the Special Fund 

3 in accordance with sections 39(c), 44(d) and 44(j) of the 

4 Longshore and Harbor Workers’ Compensation Act: Pro5 vided, That $2,000,000 shall be for the development of 

6 an alternative system for the electronic submission of re7 ports required to be filed under the Labor-Management 

8 Reporting and Disclosure Act of 1959, as amended, and 

9 for a computer database of the information for each sub10 mission by whatever means, that is indexed and easily 

11 searchable by the public via the Internet: Provided further,

12 That the Secretary of Labor is authorized to accept, re13 tain, and spend, until expended, in the name of the De14 partment of Labor, all sums of money ordered to be paid 

15 to the Secretary of Labor, in accordance with the terms 

16 of the Consent Judgment in Civil Action No. 91–0027 of 

17 the United States District Court for the District of the 

18 Northern Mariana Islands (May 21, 1992): Provided fur19 ther, That the Secretary of Labor is authorized to estab20 lish and, in accordance with 31 U.S.C. 3302, collect and 

21 deposit in the Treasury fees for processing applications 

22 and issuing certificates under sections 11(d) and 14 of the 

23 Fair Labor Standards Act of 1938, as amended (29 

24 U.S.C. 211(d) and 214) and for processing applications 

25 and issuing registrations under title I of the Migrant and 
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1 Seasonal Agricultural Worker Protection Act (29 U.S.C. 

2 1801 et seq.). 

3 SPECIAL BENEFITS

4 (INCLUDING TRANSFER OF FUNDS)

5 For the payment of compensation, benefits, and ex6 penses (except administrative expenses) accruing during 

7 the current or any prior fiscal year authorized by title 5, 

8 chapter 81 of the United States Code; continuation of ben9 efits as provided for under the heading ‘‘Civilian War Ben10 efits’’ in the Federal Security Agency Appropriation Act, 

11 1947; the Employees’ Compensation Commission Appro12 priation Act, 1944; sections 4(c) and 5(f) of the War 

13 Claims Act of 1948 (50 U.S.C. App. 2012); and 50 per14 cent of the additional compensation and benefits required 

15 by section 10(h) of the Longshore and Harbor Workers’ 

16 Compensation Act, as amended, $163,000,000, together 

17 with such amounts as may be necessary to be charged to 

18 the subsequent year appropriation for the payment of 

19 compensation and other benefits for any period subse20 quent to August 15 of the current year: Provided, That 

21 amounts appropriated may be used under section 8104 of 

22 title 5, United States Code, by the Secretary of Labor to 

23 reimburse an employer, who is not the employer at the 

24 time of injury, for portions of the salary of a reemployed, 

25 disabled beneficiary: Provided further, That balances of re-
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1 imbursements unobligated on September 30, 2002, shall 

2 remain available until expended for the payment of com3 pensation, benefits, and expenses: Provided further, That 

4 in addition there shall be transferred to this appropriation 

5 from the Postal Service and from any other corporation 

6 or instrumentality required under section 8147(c) of title 

7 5, United States Code, to pay an amount for its fair share 

8 of the cost of administration, such sums as the Secretary 

9 determines to be the cost of administration for employees 

10 of such fair share entities through September 30, 2003: 

11 Provided further, That of those funds transferred to this 

12 account from the fair share entities to pay the cost of ad13 ministration of the Federal Employees’ Compensation Act, 

14 $36,986,000 shall be made available to the Secretary as 

15 follows: (1) for the operation of and enhancement to the 

16 automated data processing systems, including document 

17 imaging and conversion to a paperless office, $24,928,000; 

18 (2) for medical bill review and periodic roll management, 

19 $11,356,000; (3) for communications redesign, $702,000; 

20 and (4) the remaining funds shall be paid into the Treas21 ury as miscellaneous receipts: Provided further, That the 

22 Secretary may require that any person filing a notice of 

23 injury or a claim for benefits under chapter 81 of title 

24 5, United States Code, or 33 U.S.C. 901 et seq., provide 

25 as part of such notice and claim, such identifying informa-
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1 tion (including Social Security account number) as such 

2 regulations may prescribe. 

3 ADMINISTRATIVE EXPENSES, ENERGY EMPLOYEES

4 OCCUPATIONAL ILLNESS COMPENSATION FUND

5 (INCLUDING TRANSFER OF FUNDS)

6 For necessary expenses to administer the Energy 

7 Employees Occupational Illness Compensation Act, 

8 $104,867,000, to remain available until expended: Pro9 vided, That the Secretary of Labor is authorized to trans10 fer to any Executive agency with authority under the En11 ergy Employees Occupational Illness Compensation Act, 

12 including within the Department of Labor, such sums as 

13 may be necessary in fiscal year 2003 to carry out those 

14 authorities: Provided further, That the Secretary may re15 quire that any person filing a claim for benefits under the 

16 Act provide as part of such claim, such identifying infor17 mation (including Social Security account number) as may 

18 be prescribed. 

19 BLACK LUNG DISABILITY TRUST FUND

20 (INCLUDING TRANSFER OF FUNDS)

21 Beginning in fiscal year 2003 and thereafter, such 

22 sums as may be necessary from the Black Lung Disability 

23 Trust Fund, to remain available until expended, for pay24 ment of all benefits authorized by section 9501(d)(1), (2), 

25 (4), and (7) of the Internal Revenue Code of 1954, as 
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1 amended; and interest on advances, as authorized by sec2 tion 9501(c)(2) of that Act. In addition, the following 

3 amounts shall be available from the Fund for fiscal year 

4 2003 for expenses of operation and administration of the 

5 Black Lung Benefits program, as authorized by section 

6 9501(d)(5): $34,151,000 for transfer to the Employment 

7 Standards Administration, ‘‘Salaries and Expenses’’; 

8 $24,033,000 for transfer to Departmental Management, 

9 ‘‘Salaries and Expenses’’; $345,000 for transfer to De10 partmental Management, ‘‘Office of Inspector General’’; 

11 and $356,000 for payments into miscellaneous receipts for 

12 the expenses of the Department of Treasury. 

13 OCCUPATIONAL SAFETY AND HEALTH 

14 ADMINISTRATION 

15 SALARIES AND EXPENSES

16 For necessary expenses for the Occupational Safety 

17 and Health Administration, $444,194,000, including not 

18 to exceed $89,747,000 which shall be the maximum 

19 amount available for grants to States under section 23(g) 

20 of the Occupational Safety and Health Act (the ‘‘Act’’), 

21 which grants shall be no less than 50 percent of the costs 

22 of State occupational safety and health programs required 

23 to be incurred under plans approved by the Secretary 

24 under section 18 of the Act; and, in addition, notwith25 standing 31 U.S.C. 3302, the Occupational Safety and 
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1 Health Administration may retain up to $750,000 per fis2 cal year of training institute course tuition fees, otherwise 

3 authorized by law to be collected, and may utilize such 

4 sums for occupational safety and health training and edu5 cation grants: Provided, That, notwithstanding 31 U.S.C. 

6 3302, the Secretary of Labor is authorized, during the fis7 cal year ending September 30, 2003, to collect and retain 

8 fees for services provided to Nationally Recognized Test9 ing Laboratories, and may utilize such sums, in accord10 ance with the provisions of 29 U.S.C. 9a, to administer 

11 national and international laboratory recognition pro12 grams that ensure the safety of equipment and products 

13 used by workers in the workplace: Provided further, That 

14 none of the funds appropriated under this paragraph shall 

15 be obligated or expended to prescribe, issue, administer, 

16 or enforce any standard, rule, regulation, or order under 

17 the Act which is applicable to any person who is engaged 

18 in a farming operation which does not maintain a tem19 porary labor camp and employs 10 or fewer employees: 

20 Provided further, That no funds appropriated under this 

21 paragraph shall be obligated or expended to administer or 

22 enforce any standard, rule, regulation, or order under the 

23 Act with respect to any employer of 10 or fewer employees 

24 who is included within a category having an occupational 

25 injury lost workday case rate, at the most precise Stand-
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1 ard Industrial Classification Code for which such data are 

2 published, less than the national average rate as such 

3 rates are most recently published by the Secretary, acting 

4 through the Bureau of Labor Statistics, in accordance 

5 with section 24 of that Act (29 U.S.C. 673), except—

6 (1) to provide, as authorized by such Act, con7 sultation, technical assistance, educational and train8 ing services, and to conduct surveys and studies; 

9 (2) to conduct an inspection or investigation in 

10 response to an employee complaint, to issue a cita11 tion for violations found during such inspection, and 

12 to assess a penalty for violations which are not cor13 rected within a reasonable abatement period and for 

14 any willful violations found; 

15 (3) to take any action authorized by such Act 

16 with respect to imminent dangers; 

17 (4) to take any action authorized by such Act 

18 with respect to health hazards; 

19 (5) to take any action authorized by such Act 

20 with respect to a report of an employment accident 

21 which is fatal to one or more employees or which re22 sults in hospitalization of two or more employees, 

23 and to take any action pursuant to such investiga24 tion authorized by such Act; and 
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1 (6) to take any action authorized by such Act 

2 with respect to complaints of discrimination against 

3 employees for exercising rights under such Act: 

4 Provided further, That the foregoing proviso shall not 

5 apply to any person who is engaged in a farming operation 

6 which does not maintain a temporary labor camp and em7 ploys 10 or fewer employees. 

8 MINE SAFETY AND HEALTH ADMINISTRATION 

9 SALARIES AND EXPENSES

10 For necessary expenses for the Mine Safety and 

11 Health Administration, $254,323,000, including purchase 

12 and bestowal of certificates and trophies in connection 

13 with mine rescue and first-aid work, and the hire of pas14 senger motor vehicles; including up to $1,000,000 for 

15 mine rescue and recovery activities, which shall be avail16 able only to the extent that fiscal year 2003 obligations 

17 for these activities exceed $1,000,000; in addition, not to 

18 exceed $750,000 may be collected by the National Mine 

19 Health and Safety Academy for room, board, tuition, and 

20 the sale of training materials, otherwise authorized by law 

21 to be collected, to be available for mine safety and health 

22 education and training activities, notwithstanding 31 

23 U.S.C. 3302; and, in addition, the Mine Safety and Health 

24 Administration may retain up to $1,000,000 from fees col25 lected for the approval and certification of equipment, ma-
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1 terials, and explosives for use in mines, and may utilize 

2 such sums for such activities; the Secretary is authorized 

3 to accept lands, buildings, equipment, and other contribu4 tions from public and private sources and to prosecute 

5 projects in cooperation with other agencies, Federal, 

6 State, or private; the Mine Safety and Health Administra7 tion is authorized to promote health and safety education 

8 and training in the mining community through cooperative 

9 programs with States, industry, and safety associations; 

10 and any funds available to the department may be used, 

11 with the approval of the Secretary, to provide for the costs 

12 of mine rescue and survival operations in the event of a 

13 major disaster. 

14 BUREAU OF LABOR STATISTICS 

15 SALARIES AND EXPENSES

16 For necessary expenses for the Bureau of Labor Sta17 tistics, including advances or reimbursements to State, 

18 Federal, and local agencies and their employees for serv19 ices rendered, $415,855,000, together with not to exceed 

20 $72,029,000, which may be expended from the Employ21 ment Security Administration Account in the Unemploy22 ment Trust Fund; and $10,280,000 which shall be avail23 able for obligation for the period July 1, 2003 through 

24 June 30, 2004, for Occupational Employment Statistics. 
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1 OFFICE OF DISABILITY EMPLOYMENT POLICY

2 SALARIES AND EXPENSES

3 For necessary expenses for the Office of Disability 

4 Employment Policy to provide leadership, develop policy 

5 and initiatives, and award grants furthering the objective 

6 of eliminating barriers to the training and employment of 

7 people with disabilities, $42,500,000. 

8 DEPARTMENTAL MANAGEMENT 

9 SALARIES AND EXPENSES

10 For necessary expenses for Departmental Manage11 ment, including the hire of three sedans, and including 

12 the management or operation, through contracts, grants 

13 or other arrangements of Departmental activities con14 ducted by or through the Bureau of International Labor 

15 Affairs, including bilateral and multilateral technical as16 sistance and other international labor activities, 

17 $55,000,000, for the acquisition of Departmental informa18 tion technology, architecture, infrastructure, equipment, 

19 software and related needs which will be allocated by the 

20 Department’s Chief Information Officer in accordance 

21 with the Department’s capital investment management 

22 process to assure a sound investment strategy; 

23 $294,103,000; together with not to exceed $310,000, 

24 which may be expended from the Employment Security 

25 Administration Account in the Unemployment Trust 
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1 Fund: Provided, That no funds made available by this Act 

2 may be used by the Solicitor of Labor to participate in 

3 a review in any United States court of appeals of any deci4 sion made by the Benefits Review Board under section 21 

5 of the Longshore and Harbor Workers’ Compensation Act 

6 (33 U.S.C. 921) where such participation is precluded by 

7 the decision of the United States Supreme Court in Direc8 tor, Office of Workers’ Compensation Programs v. New9 port News Shipbuilding, 115 S. Ct. 1278 (1995), notwith10 standing any provisions to the contrary contained in Rule 

11 15 of the Federal Rules of Appellate Procedure: Provided 

12 further, That no funds made available by this Act may 

13 be used by the Secretary of Labor to review a decision 

14 under the Longshore and Harbor Workers’ Compensation 

15 Act (33 U.S.C. 901 et seq.) that has been appealed and 

16 that has been pending before the Benefits Review Board 

17 for more than 12 months: Provided further, That any such 

18 decision pending a review by the Benefits Review Board 

19 for more than 1 year shall be considered affirmed by the 

20 Benefits Review Board on the 1-year anniversary of the 

21 filing of the appeal, and shall be considered the final order 

22 of the Board for purposes of obtaining a review in the 

23 United States courts of appeals: Provided further, That 

24 these provisions shall not be applicable to the review or 
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1 appeal of any decision issued under the Black Lung Bene2 fits Act (30 U.S.C. 901 et seq.). 

3 VETERANS EMPLOYMENT AND TRAINING

4 Not to exceed $185,537,000 may be derived from the 

5 Employment Security Administration Account in the Un6 employment Trust Fund to carry out the provisions of 38 

7 U.S.C. 4100–4110A, 4212, 4214, and 4321–4327, and 

8 Public Law 103–353, and which shall be available for obli9 gation by the States through December 31, 2003. To 

10 carry out the Stewart B. McKinney Homeless Assistance 

11 Act and section 168 of the Workforce Investment Act of 

12 1998, $24,800,000, of which $7,300,000 shall be available 

13 for obligation for the period July 1, 2003 through June 

14 30, 2004. 

15 OFFICE OF INSPECTOR GENERAL

16 For salaries and expenses of the Office of Inspector 

17 General in carrying out the provisions of the Inspector 

18 General Act of 1978, as amended, $56,659,000, together 

19 with not to exceed $5,597,000, which may be expended 

20 from the Employment Security Administration Account in 

21 the Unemployment Trust Fund. 

22 GENERAL PROVISIONS 

23 SEC. 101. None of the funds appropriated in this title 

24 for the Job Corps shall be used to pay the compensation 

25 of an individual, either as direct costs or any proration 
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1 as an indirect cost, at a rate in excess of Executive Level 

2 II.

3 (TRANSFER OF FUNDS)

4 SEC. 102. Not to exceed 1 percent of any discre5 tionary funds (pursuant to the Balanced Budget and 

6 Emergency Deficit Control Act of 1985, as amended) 

7 which are appropriated for the current fiscal year for the 

8 Department of Labor in this Act may be transferred be9 tween appropriations, but no such appropriation shall be 

10 increased by more than 3 percent by any such transfer: 

11 Provided, That the Appropriations Committees of both 

12 Houses of Congress are notified at least 15 days in ad13 vance of any transfer. 

14 TITLE II—DEPARTMENT OF HEALTH AND 

15 HUMAN SERVICES 

16 HEALTH RESOURCES AND SERVICES 

17 ADMINISTRATION 

18 HEALTH RESOURCES AND SERVICES

19 For carrying out titles II, III, IV, VII, VIII, X, XII, 

20 XIX, and XXVI of the Public Health Service Act, section 

21 427(a) of the Federal Coal Mine Health and Safety Act, 

22 title V, and sections 1128E and 1820 of the Social Secu23 rity Act, the Health Care Quality Improvement Act of 

24 1986, as amended, the Native Hawaiian Health Care Act 

25 of 1988, as amended, the Cardiac Arrest Survival Act of 

26 2000, and the Poison Control Center Enhancement and 
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1 Awareness Act, $5,885,497,000, of which $30,000,000 

2 from general revenues, notwithstanding section 1820(j) of 

3 the Social Security Act, shall be available for carrying out 

4 the Medicare rural hospital flexibility grants program 

5 under section 1820 of such Act: Provided, That of the 

6 funds made available under this heading, $250,000 shall 

7 be available until expended for facilities renovations at the 

8 Gillis W. Long Hansen’s Disease Center: Provided further,

9 That in addition to fees authorized by section 427(b) of 

10 the Health Care Quality Improvement Act of 1986, fees 

11 shall be collected for the full disclosure of information 

12 under the Act sufficient to recover the full costs of oper13 ating the National Practitioner Data Bank, and shall re14 main available until expended to carry out that Act: Pro15 vided further, That fees collected for the full disclosure of 

16 information under the ‘‘Health Care Fraud and Abuse 

17 Data Collection Program’’, authorized by section 

18 1128E(d)(2) of the Social Security Act, shall be sufficient 

19 to recover the full costs of operating the program, and 

20 shall remain available until expended to carry out that 

21 Act: Provided further, That no more than $25,000,000 is 

22 available for carrying out the provisions of Public Law 

23 104–73: Provided further, That of the funds made avail24 able under this heading, $265,275,000 shall be for the 

25 program under title X of the Public Health Service Act 
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1 to provide for voluntary family planning projects: Provided 

2 further, That amounts provided to said projects under 

3 such title shall not be expended for abortions, that all 

4 pregnancy counseling shall be nondirective, and that such 

5 amounts shall not be expended for any activity (including 

6 the publication or distribution of literature) that in any 

7 way tends to promote public support or opposition to any 

8 legislative proposal or candidate for public office: Provided 

9 further, That $659,000,000 shall be for State AIDS Drug 

10 Assistance Programs authorized by section 2616 of the 

11 Public Health Service Act: Provided further, That 

12 $60,000,000 is available for special projects of regional 

13 and national significance under section 501(a)(2) of the 

14 Social Security Act, which shall not be counted toward 

15 compliance with the allocation required in section 

16 502(a)(1) of such Act, and which shall be used only for 

17 making competitive grants to provide abstinence education 

18 (as defined in section 510(b)(2) of such Act) to adoles19 cents and for evaluations (including longitudinal evalua20 tions) of activities under the grants and for Federal costs 

21 of administering the grants: Provided further, That grants 

22 under the immediately preceding proviso shall be made 

23 only to public and private entities which agree that, with 

24 respect to an adolescent to whom the entities provide ab25 stinence education under such grant, the entities will not 
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1 provide to that adolescent any other education regarding 

2 sexual conduct, except that, in the case of an entity ex3 pressly required by law to provide health information or 

4 services the adolescent shall not be precluded from seeking 

5 health information or services from the entity in a dif6 ferent setting than the setting in which the abstinence 

7 education was provided: Provided further, That the funds 

8 expended for such evaluations may not exceed 3.5 percent 

9 of such amount. 

10 HEALTH EDUCATION ASSISTANCE LOANS PROGRAM

11 ACCOUNT

12 Such sums as may be necessary to carry out the pur13 pose of the program, as authorized by title VII of the Pub14 lic Health Service Act, as amended. For administrative ex15 penses to carry out the guaranteed loan program, includ16 ing section 709 of the Public Health Service Act, 

17 $3,914,000. 

18 VACCINE INJURY COMPENSATION PROGRAM TRUST

19 FUND

20 For payments from the Vaccine Injury Compensation 

21 Program Trust Fund, such sums as may be necessary for 

22 claims associated with vaccine-related injury or death with 

23 respect to vaccines administered after September 30, 

24 1988, pursuant to subtitle 2 of title XXI of the Public 

25 Health Service Act, to remain available until expended: 
25

HR 246 IH 

1 Provided, That for necessary administrative expenses, not 

2 to exceed $2,991,000 shall be available from the Trust 

3 Fund to the Secretary of Health and Human Services. 

4 CENTERS FOR DISEASE CONTROL AND 

5 PREVENTION 

6 DISEASE CONTROL, RESEARCH, AND TRAINING

7 To carry out titles II, III, VII, XI, XV, XVII, XIX, 

8 XXI, and XXVI of the Public Health Service Act, sections 

9 101, 102, 103, 201, 202, 203, 301, and 501 of the Federal 

10 Mine Safety and Health Act of 1977, sections 20, 21, and 

11 22 of the Occupational Safety and Health Act of 1970, 

12 title IV of the Immigration and Nationality Act, and sec13 tion 501 of the Refugee Education Assistance Act of 1980; 

14 including insurance of official motor vehicles in foreign 

15 countries; and hire, maintenance, and operation of air16 craft, $4,288,857,000, of which $200,000,000 shall re17 main available until expended for equipment and construc18 tion and renovation of facilities, and of which 

19 $183,763,000 for international HIV/AIDS shall remain 

20 available until September 30, 2004, and in addition, such 

21 sums as may be derived from authorized user fees, which 

22 shall be credited to this account: Provided, That in addi23 tion to amounts provided herein, up to $46,982,000 shall 

24 be available from amounts available under section 241 of 

25 the Public Health Service Act to carry out the National 
26

HR 246 IH 

1 Center for Health Statistics surveys: Provided further,

2 That none of the funds made available for injury preven3 tion and control at the Centers for Disease Control and 

4 Prevention may be used, in whole or in part, to advocate 

5 or promote gun control: Provided further, That the Direc6 tor may redirect the total amount made available under 

7 authority of Public Law 101–502, section 3, dated Novem8 ber 3, 1990, to activities the Director may so designate: 

9 Provided further, That the Congress is to be notified 

10 promptly of any such transfer: Provided further, That not 

11 to exceed $10,000,000 may be available for making grants 

12 under section 1509 of the Public Health Service Act to 

13 not more than 15 States: Provided further, That notwith14 standing any other provision of law, a single contract or 

15 related contracts for development and construction of fa16 cilities may be employed which collectively include the full 

17 scope of the project: Provided further, That the solicitation 

18 and contract shall contain the clause ‘‘availability of 

19 funds’’ found at 48 CFR 52.232–18. 

20 NATIONAL INSTITUTES OF HEALTH 

21 NATIONAL CANCER INSTITUTE

22 For carrying out section 301 and title IV of the Pub23 lic Health Service Act with respect to cancer, 

24 $4,299,493,000. 
27

HR 246 IH 

1 NATIONAL HEART, LUNG, AND BLOOD INSTITUTE

2 For carrying out section 301 and title IV of the Pub3 lic Health Service Act with respect to cardiovascular, lung, 

4 and blood diseases, and blood and blood products, 

5 $2,698,391,000. 

6 NATIONAL INSTITUTE OF DENTAL AND CRANIOFACIAL

7 RESEARCH

8 For carrying out section 301 and title IV of the Pub9 lic Health Service Act with respect to dental disease, 

10 $360,528,000. 

11 NATIONAL INSTITUTE OF DIABETES AND DIGESTIVE

12 AND KIDNEY DISEASES

13 For carrying out section 301 and title IV of the Pub14 lic Health Service Act with respect to diabetes and diges15 tive and kidney disease, $1,532,394,000. 

16 NATIONAL INSTITUTE OF NEUROLOGICAL DISORDERS

17 AND STROKE

18 For carrying out section 301 and title IV of the Pub19 lic Health Service Act with respect to neurological dis20 orders and stroke, $1,372,256,000. 
28

HR 246 IH 

1 NATIONAL INSTITUTE OF ALLERGY AND INFECTIOUS

2 DISEASES

3 (INCLUDING TRANSFER OF FUNDS)

4 For carrying out section 301 and title IV of the Pub5 lic Health Service Act with respect to allergy and infec6 tious diseases, $2,674,213,000. 

7 NATIONAL INSTITUTE OF GENERAL MEDICAL SCIENCES

8 For carrying out section 301 and title IV of the Pub9 lic Health Service Act with respect to general medical 

10 sciences, $1,742,596,000. 

11 NATIONAL INSTITUTE OF CHILD HEALTH AND HUMAN

12 DEVELOPMENT

13 For carrying out section 301 and title IV of the Pub14 lic Health Service Act with respect to child health and 

15 human development, $1,159,405,000. 

16 NATIONAL EYE INSTITUTE

17 For carrying out section 301 and title IV of the Pub18 lic Health Service Act with respect to eye diseases and 

19 visual disorders, $600,796,000. 

20 NATIONAL INSTITUTE OF ENVIRONMENTAL HEALTH

21 SCIENCES

22 For carrying out sections 301 and 311 and title IV 

23 of the Public Health Service Act with respect to environ24 mental health sciences, $589,701,000. 
29

HR 246 IH 

1 NATIONAL INSTITUTE ON AGING

2 For carrying out section 301 and title IV of the Pub3 lic Health Service Act with respect to aging, 

4 $939,608,000. 

5 NATIONAL INSTITUTE OF ARTHRITIS AND

6 MUSCULOSKELETAL AND SKIN DISEASES

7 For carrying out section 301 and title IV of the Pub8 lic Health Service Act with respect to arthritis and mus9 culoskeletal and skin diseases, $474,392,000. 

10 NATIONAL INSTITUTE ON DEAFNESS AND OTHER

11 COMMUNICATION DISORDERS

12 For carrying out section 301 and title IV of the Pub13 lic Health Service Act with respect to deafness and other 

14 communication disorders, $351,376,000. 

15 NATIONAL INSTITUTE OF NURSING RESEARCH

16 For carrying out section 301 and title IV of the Pub17 lic Health Service Act with respect to nursing research, 

18 $130,044,000. 

19 NATIONAL INSTITUTE ON ALCOHOL ABUSE AND

20 ALCOHOLISM

21 For carrying out section 301 and title IV of the Pub22 lic Health Service Act with respect to alcohol abuse and 

23 alcoholism, $401,933,000. 
30

HR 246 IH 

1 NATIONAL INSTITUTE ON DRUG ABUSE

2 For carrying out section 301 and title IV of the Pub3 lic Health Service Act with respect to drug abuse, 

4 $912,489,000. 

5 NATIONAL INSTITUTE OF MENTAL HEALTH

6 For carrying out section 301 and title IV of the Pub7 lic Health Service Act with respect to mental health, 

8 $1,290,274,000. 

9 NATIONAL HUMAN GENOME RESEARCH INSTITUTE

10 For carrying out section 301 and title IV of the Pub11 lic Health Service Act with respect to human genome re12 search, $431,985,000. 

13 NATIONAL INSTITUTE OF BIOMEDICAL IMAGING AND

14 BIOENGINEERING

15 For carrying out section 301 and title IV of the Pub16 lic Health Service Act with respect to biomedical imaging 

17 and bioengineering research, $140,973,000. 

18 NATIONAL CENTER FOR RESEARCH RESOURCES

19 For carrying out section 301 and title IV of the Pub20 lic Health Service Act with respect to research resources 

21 and general research support grants, $1,015,395,000: 

22 Provided, That none of these funds shall be used to pay 

23 recipients of the general research support grants program 

24 any amount for indirect expenses in connection with such 

25 grants. 
31

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1 NATIONAL CENTER FOR COMPLEMENTARY AND

2 ALTERNATIVE MEDICINE

3 For carrying out section 301 and title IV of the Pub4 lic Health Service Act with respect to complementary and 

5 alternative medicine, $105,212,000. 

6 NATIONAL CENTER ON MINORITY HEALTH AND HEALTH

7 DISPARITIES

8 For carrying out section 301 and title IV of the Pub9 lic Health Service Act with respect to minority health and 

10 health disparities research, $151,062,000. 

11 JOHN E. FOGARTY INTERNATIONAL CENTER

12 For carrying out the activities at the John E. 

13 Fogarty International Center, $57,064,000. 

14 NATIONAL LIBRARY OF MEDICINE

15 For carrying out section 301 and title IV of the Pub16 lic Health Service Act with respect to health information 

17 communications, $277,273,000, of which $4,000,000 shall 

18 be available until expended for improvement of informa19 tion systems: Provided, That in fiscal year 2003, the Li20 brary may enter into personal services contracts for the 

21 provision of services in facilities owned, operated, or con22 structed under the jurisdiction of the National Institutes 

23 of Health. 
32

HR 246 IH 

1 OFFICE OF THE DIRECTOR

2 (INCLUDING TRANSFER OF FUNDS)

3 For carrying out the responsibilities of the Office of 

4 the Director, National Institutes of Health, 

5 $2,476,111,000, of which $2,240,711,000 shall be avail6 able for the Director of NIH to transfer to any National 

7 Institutes of Health appropriation: Provided, That funding 

8 shall be available for the purchase of not to exceed 29 pas9 senger motor vehicles for replacement only: Provided fur10 ther, That the Director may direct up to 1 percent of the 

11 total amount made available in this or any other Act to 

12 all National Institutes of Health appropriations to activi13 ties the Director may so designate: Provided further, That 

14 no such appropriation shall be decreased by more than 1 

15 percent by any such transfers and that the Congress is 

16 promptly notified of the transfer: Provided further, That 

17 the National Institutes of Health is authorized to collect 

18 third party payments for the cost of clinical services that 

19 are incurred in National Institutes of Health research fa20 cilities and that such payments shall be credited to the 

21 National Institutes of Health Management Fund: Pro22 vided further, That all funds credited to the National Insti23 tutes of Health Management Fund shall remain available 

24 for 1 fiscal year after the fiscal year in which they are 

25 deposited: Provided further, That up to $500,000 shall be 
33

HR 246 IH 

1 available to carry out section 499 of the Public Health 

2 Service Act. 

3 BUILDINGS AND FACILITIES

4 (INCLUDING TRANSFER OF FUNDS)

5 For the study of, construction of, renovation of, and 

6 acquisition of equipment for, facilities of or used by the 

7 National Institutes of Health, including the acquisition of 

8 real property, $296,100,000, to remain available until ex9 pended. 

10 SUBSTANCE ABUSE AND MENTAL HEALTH 

11 SERVICES ADMINISTRATION 

12 SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES

13 For carrying out titles V and XIX of the Public 

14 Health Service Act with respect to substance abuse and 

15 mental health services, the Protection and Advocacy for 

16 Mentally Ill Individuals Act of 1986, and section 301 of 

17 the Public Health Service Act with respect to program 

18 management, $3,167,897,000. 

19 AGENCY FOR HEALTHCARE RESEARCH AND 

20 QUALITY 

21 HEALTHCARE RESEARCH AND QUALITY

22 For carrying out titles III and IX of the Public 

23 Health Service Act, and part A of title XI of the Social 

24 Security Act, $2,600,000; in addition, amounts received 

25 from Freedom of Information Act fees, reimbursable and 
34

HR 246 IH 

1 interagency agreements, and the sale of data shall be cred2 ited to this appropriation and shall remain available until 

3 expended: Provided, That the amount made available pur4 suant to section 927(c) of the Public Health Service Act 

5 shall not exceed $296,145,000. 

6 CENTERS FOR MEDICARE AND MEDICAID 

7 SERVICES 

8 GRANTS TO STATES FOR MEDICAID

9 For carrying out, except as otherwise provided, titles 

10 XI and XIX of the Social Security Act, $112,090,218,000, 

11 to remain available until expended. 

12 For making, after May 31, 2003, payments to States 

13 under title XIX of the Social Security Act for the last 

14 quarter of fiscal year 2003 for unanticipated costs, in15 curred for the current fiscal year, such sums as may be 

16 necessary. 

17 For making payments to States or in the case of sec18 tion 1928 on behalf of States under title XIX of the Social 

19 Security Act for the first quarter of fiscal year 2004, 

20 $51,861,386,000, to remain available until expended. 

21 Payment under title XIX may be made for any quar22 ter with respect to a State plan or plan amendment in 

23 effect during such quarter, if submitted in or prior to such 

24 quarter and approved in that or any subsequent quarter. 
35

HR 246 IH 

1 PAYMENTS TO HEALTH CARE TRUST FUNDS

2 For payment to the Federal Hospital Insurance and 

3 the Federal Supplementary Medical Insurance Trust 

4 Funds, as provided under section 1844 of the Social Secu5 rity Act, sections 103(c) and 111(d) of the Social Security 

6 Amendments of 1965, section 278(d) of Public Law 97–

7 248, and for administrative expenses incurred pursuant 

8 to section 201(g) of the Social Security Act, 

9 $81,462,700,000. 

10 PROGRAM MANAGEMENT

11 For carrying out, except as otherwise provided, titles 

12 XI, XVIII, XIX, and XXI of the Social Security Act, titles 

13 XIII and XXVII of the Public Health Service Act, the 

14 Medicare, Medicaid, and SCHIP Benefits Improvement 

15 and Protection Act of 2000, and the Clinical Laboratory 

16 Improvement Amendments of 1988, not to exceed 

17 $2,550,488,000, to be transferred from the Federal Hos18 pital Insurance and the Federal Supplementary Medical 

19 Insurance Trust Funds, as authorized by section 201(g) 

20 of the Social Security Act; together with all funds collected 

21 in accordance with section 353 of the Public Health Serv22 ice Act and section 1857(e)(2) of the Social Security Act, 

23 and such sums as may be collected from authorized user 

24 fees and the sale of data, which shall remain available 

25 until expended, and together with administrative fees col-
36

HR 246 IH 

1 lected relative to Medicare overpayment recovery activities, 

2 which shall remain available until expended: Provided,

3 That all funds derived in accordance with 31 U.S.C. 9701 

4 from organizations established under title XIII of the Pub5 lic Health Service Act shall be credited to and available 

6 for carrying out the purposes of this appropriation: Pro7 vided further, That from amounts appropriated under this 

8 heading, $13,000,000 shall be available for production and 

9 distribution of informational materials on infant and tod10 dler health care to expectant parents and to parents and 

11 guardians enrolled in Medicaid: Provided further, That 

12 from amounts appropriated under this heading, 

13 $3,000,000 for the managed care system redesign shall 

14 remain available until expended: Provided further, That 

15 $51,000,000, to remain available until September 30, 

16 2004, is for contract costs for the Healthcare Integrated 

17 General Ledger Accounting System: Provided further, 

18 That the Secretary of Health and Human Services is di19 rected to collect fees in fiscal year 2003 from Medi20 care∂Choice organizations pursuant to section 

21 1857(e)(2) of the Social Security Act and from eligible 

22 organizations with risk-sharing contracts under section 

23 1876 of that Act pursuant to section 1876(k)(4)(D) of 

24 that Act: Provided further, That to the extent Medicare 

25 claims volume is projected by the Centers for Medicare 
37

HR 246 IH 

1 and Medicaid Services (CMS) to exceed 223,500,000 Part 

2 A claims and/or 870,000,000 Part B claims, an additional 

3 $46,800,000 shall be available for obligation for every 

4 50,000,000 increase in Medicare claims volume (including 

5 a pro rata amount for any increment less than 

6 50,000,000) from the Federal Hospital Insurance and the 

7 Federal Supplementary Medical Insurance Trust Fund: 

8 Provided further, That, for the current fiscal year, not 

9 more than $700,000,000 may be made available under 

10 section 1817(k)(4) of the Social Security Act (42 U.S.C. 

11 1395i(k)(4)) from the Health Care Fraud and Abuse Con12 trol Account of the Federal Hospital Insurance Trust 

13 Fund to carry out the Medicare Integrity Program under 

14 section 1893 of such Act. 

15 HEALTH MAINTENANCE ORGANIZATION LOAN AND LOAN

16 GUARANTEE FUND

17 For carrying out subsections (d) and (e) of section 

18 1308 of the Public Health Service Act, any amounts re19 ceived by the Secretary in connection with loans and loan 

20 guarantees under title XIII of the Public Health Service 

21 Act, to be available without fiscal year limitation for the 

22 payment of outstanding obligations. During fiscal year 

23 2003, no commitments for direct loans or loan guarantees 

24 shall be made. 
38

HR 246 IH 

1 ADMINISTRATION FOR CHILDREN AND FAMILIES

2 PAYMENTS TO STATES FOR CHILD SUPPORT

3 ENFORCEMENT AND FAMILY SUPPORT PROGRAMS

4 For making payments to States or other non-Federal 

5 entities under titles I, IV–D, X, XI, XIV, and XVI of the 

6 Social Security Act and the Act of July 5, 1960 (24 

7 U.S.C. ch. 9), $2,475,800,000, to remain available until 

8 expended; and for such purposes for the first quarter of 

9 fiscal year 2004, $1,100,000,000, to remain available until 

10 expended. 

11 For making payments to each State for carrying out 

12 the program of Aid to Families with Dependent Children 

13 under title IV–A of the Social Security Act before the ef14 fective date of the program of Temporary Assistance to 

15 Needy Families (TANF) with respect to such State, such 

16 sums as may be necessary: Provided, That the sum of the 

17 amounts available to a State with respect to expenditures 

18 under such title IV–A in fiscal year 1997 under this ap19 propriation and under such title IV–A as amended by the 

20 Personal Responsibility and Work Opportunity Reconcili21 ation Act of 1996 shall not exceed the limitations under 

22 section 116(b) of such Act. 

23 For making, after May 31 of the current fiscal year, 

24 payments to States or other non-Federal entities under 

25 titles I, IV–D, X, XI, XIV, and XVI of the Social Security 
39

HR 246 IH 

1 Act and the Act of July 5, 1960 (24 U.S.C. ch. 9), for 

2 the last 3 months of the current fiscal year for unantici3 pated costs, incurred for the current fiscal year, such sums 

4 as may be necessary. 

5 LOW INCOME HOME ENERGY ASSISTANCE

6 For making payments under title XXVI of the Omni7 bus Budget Reconciliation Act of 1981, $1,700,000,000. 

8 REFUGEE AND ENTRANT ASSISTANCE

9 For making payments for refugee and entrant assist10 ance activities authorized by title IV of the Immigration 

11 and Nationality Act and section 501 of the Refugee Edu12 cation Assistance Act of 1980 (Public Law 96–422), 

13 $436,724,000: Provided, That funds appropriated pursu14 ant to section 414(a) of the Immigration and Nationality 

15 Act for fiscal year 2003 shall be available for the costs 

16 of assistance provided and other activities through Sep17 tember 30, 2005: Provided further, That up to 

18 $10,000,000 is available to carry out the Trafficking Vic19 tims Protection Act of 2000. 

20 For carrying out section 5 of the Torture Victims Re21 lief Act of 1998 (Public Law 105–320), $10,000,000. 

22 PAYMENTS TO STATES FOR THE CHILD CARE AND

23 DEVELOPMENT BLOCK GRANT

24 For carrying out sections 658A through 658R of the 

25 Omnibus Budget Reconciliation Act of 1981 (The Child 
40

HR 246 IH 

1 Care and Development Block Grant Act of 1990), 

2 $2,099,994,000 shall be used to supplement, not supplant 

3 state general revenue funds for child care assistance for 

4 low-income families: Provided, That $19,120,000 shall be 

5 available for child care resource and referral and school6 aged child care activities, of which $1,000,000 shall be for 

7 the Child Care Aware toll free hotline: Provided further,

8 That, in addition to the amounts required to be reserved 

9 by the States under section 658G, $272,672,000 shall be 

10 reserved by the States for activities authorized under sec11 tion 658G, of which $100,000,000 shall be for activities 

12 that improve the quality of infant and toddler care: Pro13 vided further, That $10,000,000 shall be for use by the 

14 Secretary for child care research, demonstration, and eval15 uation activities. 

16 SOCIAL SERVICES BLOCK GRANT

17 For making grants to States pursuant to section 

18 2002 of the Social Security Act, $1,700,000,000: Pro19 vided, That notwithstanding subparagraph (B) of section 

20 404(d)(2) of such Act, the applicable percent specified 

21 under such subparagraph for a State to carry out State 

22 programs pursuant to title XX of such Act shall be 10 

23 percent. 
41

HR 246 IH 

1 CHILDREN AND FAMILIES SERVICES PROGRAMS

2 For carrying out, except as otherwise provided, the 

3 Runaway and Homeless Youth Act, the Developmental 

4 Disabilities Assistance and Bill of Rights Act, the Head 

5 Start Act, the Child Abuse Prevention and Treatment Act, 

6 sections 310 and 316 of the Family Violence Prevention 

7 and Services Act, as amended, the Native American Pro8 grams Act of 1974, title II of Public Law 95–266 (adop9 tion opportunities), the Adoption and Safe Families Act 

10 of 1997 (Public Law 105–89), sections 1201 and 1211 

11 of the Children’s Health Act of 2000, the Abandoned In12 fants Assistance Act of 1988, sections 413, 429A, 1110, 

13 and 1115 of the Social Security Act, and sections 40155, 

14 40211, and 40241 of Public Law 103–322; for making 

15 payments under the Community Services Block Grant Act, 

16 sections 473A and 477(i) of the Social Security Act, and 

17 title IV of Public Law 105–285, and for necessary admin18 istrative expenses to carry out said Acts and titles I, IV, 

19 X, XI, XIV, XVI, and XX of the Social Security Act, the 

20 Act of July 5, 1960 (24 U.S.C. ch. 9), the Omnibus Budg21 et Reconciliation Act of 1981, title IV of the Immigration 

22 and Nationality Act, section 501 of the Refugee Education 

23 Assistance Act of 1980, section 5 of the Torture Victims 

24 Relief Act of 1998 (Public Law 105–320), sections 40155, 

25 40211, and 40241 of Public Law 103–322, and section 
42

HR 246 IH 

1 126 and titles IV and V of Public Law 100–485, 

2 $8,467,062,000, of which $43,000,000, to remain avail3 able until September 30, 2004, shall be for grants to 

4 States for adoption incentive payments, as authorized by 

5 section 473A of title IV of the Social Security Act (42 

6 U.S.C. 670–679) and may be made for adoptions com7 pleted in fiscal years 2001 and 2002; of which 

8 $658,164,000 shall be for making payments under the 

9 Community Services Block Grant Act; and of which 

10 $6,667,533,000 shall be for making payments under the 

11 Head Start Act, of which $1,400,000,000 shall become 

12 available October 1, 2003 and remain available through 

13 September 30, 2004: Provided, That to the extent Com14 munity Services Block Grant funds are distributed as 

15 grant funds by a State to an eligible entity as provided 

16 under the Act, and have not been expended by such entity, 

17 they shall remain with such entity for carryover into the 

18 next fiscal year for expenditure by such entity consistent 

19 with program purposes: Provided further, That 

20 $88,133,000 shall be for activities authorized by the Run21 away and Homeless Youth Act, notwithstanding the allo22 cation requirements of section 388(a) of such Act, of 

23 which $39,739,900 is for the transitional living program: 

24 Provided further, That $30,000,000 is for a compassion 

25 capital fund to provide grants to charitable organizations 
43

HR 246 IH 

1 to emulate model social service programs and to encourage 

2 research on the best practices of social service organiza3 tions: Provided further, That the Secretary shall establish 

4 procedures regarding the disposition of intangible property 

5 which permits grant funds, or intangible assets acquired 

6 with funds authorized under section 680 of the Commu7 nity Services Block Grant Act, as amended, to become the 

8 sole property of such grantees after a period of not more 

9 than 12 years after the end of the grant for purposes and 

10 uses consistent with the original grant: Provided further,

11 That funds appropriated for section 680(a)(2) of the Com12 munity Services Block Grant Act, as amended, shall be 

13 available for financing construction and rehabilitation and 

14 loans or investments in private business enterprises owned 

15 by community development corporations. 

16 PROMOTING SAFE AND STABLE FAMILIES

17 For carrying out section 436 of the Social Security 

18 Act, $305,000,000; and for section 437, $70,000,000. 

19 PAYMENTS TO STATES FOR FOSTER CARE AND

20 ADOPTION ASSISTANCE

21 For making payments to States or other non-Federal 

22 entities under title IV–E of the Social Security Act, 

23 $4,855,000,000. 
44

HR 246 IH 

1 For making payments to States or other non-Federal 

2 entities under title IV–E of the Act, for the first quarter 

3 of fiscal year 2004, $1,745,600,000. 

4 For making, after May 31 of the current fiscal year, 

5 payments to States or other non-Federal entities under 

6 section 474 of title IV–E, for the last 3 months of the 

7 current fiscal year for unanticipated costs, incurred for the 

8 current fiscal year, such sums as may be necessary. 

9 ADMINISTRATION ON AGING 

10 AGING SERVICES PROGRAMS

11 For carrying out, to the extent not otherwise pro12 vided, the Older Americans Act of 1965, as amended, and 

13 section 398 of the Public Health Service Act, 

14 $1,355,844,000, of which $5,000,000 shall be available for 

15 activities regarding medication management, screening, 

16 and education to prevent incorrect medication and adverse 

17 drug reactions; and of which $149,670,000 shall be allo18 cated to States consistent with the formula in section 311 

19 of the Older Americans Act of 1965. 

20 OFFICE OF THE SECRETARY 

21 GENERAL DEPARTMENTAL MANAGEMENT

22 For necessary expenses, not otherwise provided, for 

23 general departmental management, including hire of six 

24 sedans, and for carrying out titles III, XVII, and XX of 

25 the Public Health Service Act, and the United States-Mex-
45

HR 246 IH 

1 ico Border Health Commission Act, $352,600,000, to2 gether with $5,851,000 to be transferred and expended 

3 as authorized by section 201(g)(1) of the Social Security 

4 Act from the Hospital Insurance Trust Fund and the Sup5 plemental Medical Insurance Trust Fund: Provided, That 

6 of the funds made available under this heading for car7 rying out title XX of the Public Health Service Act, 

8 $11,885,000 shall be for activities specified under section 

9 2003(b)(2), of which $10,157,000 shall be for prevention 

10 service demonstration grants under section 510(b)(2) of 

11 title V of the Social Security Act, as amended, without 

12 application of the limitation of section 2010(c) of said title 

13 XX: Provided further, That of this amount, $50,000,000 

14 is for minority AIDS prevention and treatment activities; 

15 and $20,000,000 shall be for an Information Technology 

16 Security and Innovation Fund for Department-wide activi17 ties involving cybersecurity, information technology secu18 rity, and related innovation projects. 

19 OFFICE OF INSPECTOR GENERAL

20 For expenses necessary for the Office of Inspector 

21 General in carrying out the provisions of the Inspector 

22 General Act of 1978, as amended, $37,300,000: Provided,

23 That, of such amount, necessary sums are available for 

24 providing protective services to the Secretary and inves-
46

HR 246 IH 

1 tigating non-payment of child support cases for which non2 payment is a Federal offense under 18 U.S.C. 228. 

3 OFFICE FOR CIVIL RIGHTS

4 For expenses necessary for the Office for Civil 

5 Rights, $30,328,000, together with not to exceed 

6 $3,314,000 to be transferred and expended as authorized 

7 by section 201(g)(1) of the Social Security Act from the 

8 Hospital Insurance Trust Fund and the Supplemental 

9 Medical Insurance Trust Fund. 

10 POLICY RESEARCH

11 For carrying out, to the extent not otherwise pro12 vided, research studies under section 1110 of the Social 

13 Security Act and title III of the Public Health Service Act, 

14 $2,499,000: Provided, That in addition to amounts pro15 vided herein, $18,000,000 shall be available from amounts 

16 available under section 241 of the Public Health Service 

17 Act to carry out national health or human services re18 search and evaluation activities: Provided further, That the 

19 expenditure of any funds available under section 241 of 

20 the Public Health Service Act are subject to the require21 ments of section 205 of this Act. 

22 MEDICAL BENEFITS FOR COMMISSIONED OFFICERS

23 For medical benefits of Public Health Service Com24 missioned Officers as authorized by law, and for medical 

25 care of dependents and retired personnel under the De-
47

HR 246 IH 

1 pendents’ Medical Care Act (10 U.S.C. ch. 55), such 

2 amounts as may be required during the current fiscal year. 

3 PUBLIC HEALTH AND SOCIAL SERVICES EMERGENCY

4 FUND

5 For expenses necessary to support activities related 

6 to countering potential biological, disease and chemical 

7 threats to civilian populations, $2,507,184,000: Provided, 

8 That this amount is distributed as follows: Centers for 

9 Disease Control and Prevention, $1,522,944,000, of which 

10 $300,000,000 shall remain available until expended for 

11 the National Pharmaceutical Stockpile; Office of the Sec12 retary, $152,240,000; Health Resources and Services Ad13 ministration, $572,000,000; Substance Abuse and Mental 

14 Health Services Administration, $10,000,000; and Na15 tional Institute of Allergy and Infectious Diseases, 

16 $250,000,000, to remain available until expended; Pro17 vided further, That at the discretion of the Secretary, these 

18 amounts may be transferred between categories subject to 

19 normal reprogramming procedures. 

20 GENERAL PROVISIONS 

21 SEC. 201. Funds appropriated in this title shall be 

22 available for not to exceed $37,000 for official reception 

23 and representation expenses when specifically approved by 

24 the Secretary. 
48

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1 SEC. 202. The Secretary shall make available through 

2 assignment not more than 60 employees of the Public 

3 Health Service to assist in child survival activities and to 

4 work in AIDS programs through and with funds provided 

5 by the Agency for International Development, the United 

6 Nations International Children’s Emergency Fund or the 

7 World Health Organization. 

8 SEC. 203. None of the funds appropriated under this 

9 Act may be used to implement section 399F(b) of the Pub10 lic Health Service Act or section 1503 of the National In11 stitutes of Health Revitalization Act of 1993, Public Law 

12 103–43. 

13 SEC. 204. None of the funds appropriated in this Act 

14 for the National Institutes of Health, the Agency for 

15 Healthcare Research and Quality, and the Substance 

16 Abuse and Mental Health Services Administration shall 

17 be used to pay the salary of an individual, through a grant 

18 or other extramural mechanism, at a rate in excess of Ex19 ecutive Level I. 

20 SEC. 205. None of the funds appropriated in this Act 

21 may be expended pursuant to section 241 of the Public 

22 Health Service Act, except for funds specifically provided 

23 for in this Act, or for other taps and assessments made 

24 by any office located in the Department of Health and 

25 Human Services, prior to the Secretary’s preparation and 
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1 submission of a report to the Committee on Appropria2 tions of the Senate and of the House detailing the planned 

3 uses of such funds. 

4 SEC. 206. Notwithstanding section 241(a) of the 

5 Public Health Service Act, such portion as the Secretary 

6 shall determine, but not more than 1.25 percent, of any 

7 amounts appropriated for programs authorized under said 

8 Act shall be made available for the evaluation (directly, 

9 or by grants or contracts) of the implementation and effec10 tiveness of such programs. 

11 (TRANSFER OF FUNDS)

12 SEC. 207. Not to exceed 1 percent of any discre13 tionary funds (pursuant to the Balanced Budget and 

14 Emergency Deficit Control Act of 1985, as amended) 

15 which are appropriated for the current fiscal year for the 

16 Department of Health and Human Services in this or any 

17 other Act may be transferred between appropriations, but 

18 no such appropriation shall be increased by more than 3 

19 percent by any such transfer: Provided, That an appro20 priation may be increased by up to an additional 2 percent 

21 subject to approval by the House and Senate Committees 

22 on Appropriations: Provided further, That the Appropria23 tions Committees of both Houses of Congress are notified 

24 at least 15 days in advance of any transfer. 

25 SEC. 208. The Director of the National Institutes of 

26 Health, jointly with the Director of the Office of AIDS 
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1 Research, may transfer up to 3 percent among institutes, 

2 centers, and divisions from the total amounts identified 

3 by these two Directors as funding for research pertaining 

4 to the human immunodeficiency virus: Provided, That the 

5 Congress is promptly notified of the transfer. 

6 SEC. 209. Of the amounts made available in this Act 

7 for the National Institutes of Health, the amount for re8 search related to the human immunodeficiency virus, as 

9 jointly determined by the Director of the National Insti10 tutes of Health and the Director of the Office of AIDS 

11 Research, shall be made available to the ‘‘Office of AIDS 

12 Research’’ account. The Director of the Office of AIDS 

13 Research shall transfer from such account amounts nec14 essary to carry out section 2353(d)(3) of the Public 

15 Health Service Act. 

16 SEC. 210. None of the funds appropriated in this Act 

17 may be made available to any entity under title X of the 

18 Public Health Service Act unless the applicant for the 

19 award certifies to the Secretary that it encourages family 

20 participation in the decision of minors to seek family plan21 ning services and that it provides counseling to minors on 

22 how to resist attempts to coerce minors into engaging in 

23 sexual activities. 

24 SEC. 211. None of the funds appropriated by this Act 

25 (including funds appropriated to any trust fund) may be 
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1 used to carry out the Medicare+Choice program if the 

2 Secretary denies participation in such program to an oth3 erwise eligible entity (including a Provider Sponsored Or4 ganization) because the entity informs the Secretary that 

5 it will not provide, pay for, provide coverage of, or provide 

6 referrals for abortions: Provided, That the Secretary shall 

7 make appropriate prospective adjustments to the capita8 tion payment to such an entity (based on an actuarially 

9 sound estimate of the expected costs of providing the serv10 ice to such entity’s enrollees): Provided further, That noth11 ing in this section shall be construed to change the Medi12 care program’s coverage for such services and a 

13 Medicare+Choice organization described in this section 

14 shall be responsible for informing enrollees where to obtain 

15 information about all Medicare covered services. 

16 SEC. 212. Notwithstanding any other provision of 

17 law, no provider of services under title X of the Public 

18 Health Service Act shall be exempt from any State law 

19 requiring notification or the reporting of child abuse, child 

20 molestation, sexual abuse, rape, or incest. 

21 SEC. 213. (a) Except as provided by subsection (e) 

22 none of the funds appropriated by this Act may be used 

23 to withhold substance abuse funding from a State pursu24 ant to section 1926 of the Public Health Service Act (42 

25 U.S.C. 300x–26) if such State certifies to the Secretary 
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1 of Health and Human Services by May 1, 2003 that the 

2 State will commit additional State funds, in accordance 

3 with subsection (b), to ensure compliance with State laws 

4 prohibiting the sale of tobacco products to individuals 

5 under 18 years of age. 

6 (b) The amount of funds to be committed by a State 

7 under subsection (a) shall be equal to 1 percent of such 

8 State’s substance abuse block grant allocation for each 

9 percentage point by which the State misses the retailer 

10 compliance rate goal established by the Secretary of 

11 Health and Human Services under section 1926 of such 

12 Act. 

13 (c) The State is to maintain State expenditures in 

14 fiscal year 2003 for tobacco prevention programs and for 

15 compliance activities at a level that is not less than the 

16 level of such expenditures maintained by the State for fis17 cal year 2002, and adding to that level the additional 

18 funds for tobacco compliance activities required under 

19 subsection (a). The State is to submit a report to the Sec20 retary on all fiscal year 2002 State expenditures and all 

21 fiscal year 2003 obligations for tobacco prevention and 

22 compliance activities by program activity by July 31, 

23 2003. 

24 (d) The Secretary shall exercise discretion in enforc25 ing the timing of the State obligation of the additional 
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1 funds required by the certification described in subsection 

2 (a) as late as July 31, 2003. 

3 (e) None of the funds appropriated by this Act may 

4 be used to withhold substance abuse funding pursuant to 

5 section 1926 from a territory that receives less than 

6 $1,000,000. 

7 SEC. 214. In order for the Centers for Disease Con8 trol and Prevention to carry out international health ac9 tivities, including HIV/AIDS and other infectious disease, 

10 chronic and environmental disease, and other health ac11 tivities abroad during fiscal year 2003, the Secretary of 

12 Health and Human Services is authorized to—

13 (1) utilize the authorities contained in sub14 section 2(c) of the State Department Basic Authori15 ties Act of 1956, as amended; and 

16 (2) utilize the authorities contained in 22 

17 U.S.C. 291 and 292 and directly or through contract 

18 or cooperative agreement to lease, alter or renovate 

19 facilities in foreign countries, to carry out programs 

20 supported by this appropriation notwithstanding 

21 PHS Act section 307. 

22 In exercising the authority set forth in paragraphs (1) and 

23 (2), the Secretary of Health and Human Services shall 

24 consult with the Department of State to assure that 

25 planned activities are within the legal strictures of the 
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1 State Department Basic Authorities Act of 1956, as 

2 amended, and other applicable parts of title 22, United 

3 States Code. 

4 SEC. 215. The Division of Federal Occupational 

5 Health may utilize personal services contracting to employ 

6 professional management/administrative and occupational 

7 health professionals. 

8 SEC. 216. The Director of the National Institutes of 

9 Health may transfer up to $100,000,000 from National 

10 Institutes of Health appropriations to International As11 sistance Programs, ‘‘Global Fund to Fight HIV/AIDS, 

12 Malaria, and Tuberculosis’’, to remain available until ex13 pended.

14 TITLE III—DEPARTMENT OF EDUCATION 

15 EDUCATION FOR THE DISADVANTAGED

16 For carrying out title I of the Elementary and Sec17 ondary Education Act of 1965 (‘‘ESEA’’) and section 

18 418A of the Higher Education Act of 1965, 

19 $12,936,900,000, of which $5,892,199,000 shall become 

20 available on July 1, 2003, and shall remain available 

21 through September 30, 2004, and of which 

22 $6,883,301,000 shall become available on October 1, 

23 2003, and shall remain available through September 30, 

24 2004, for academic year 2003–2004: Provided, That 

25 $235,000,000 shall be available for comprehensive school 
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1 reform grants under part F of the ESEA: Provided fur2 ther, That $7,172,971,000 shall be available for basic 

3 grants under section 1124: Provided further, That up to 

4 $3,500,000 of these funds shall be available to the Sec5 retary of Education on October 1, 2002, to obtain updated 

6 local educational-agency-level census poverty data from 

7 the Bureau of the Census: Provided further, That 

8 $1,365,031,000 shall be available for concentration grants 

9 under section 1124A: Provided further, That 

10 $1,518,499,000 shall be available for targeted grants 

11 under section 1125: Provided further, That $793,499,000 

12 shall be available for education finance incentive grants 

13 under section 1125A. 

14 IMPACT AID

15 For carrying out programs of financial assistance to 

16 federally affected schools authorized by title VIII of the 

17 Elementary and Secondary Education Act of 1965, 

18 $1,185,000,000, of which $1,022,000,000 shall be for 

19 basic support payments under section 8003(b), 

20 $50,000,000 shall be for payments for children with dis21 abilities under section 8003(d), $45,000,000 shall be for 

22 construction under section 8007 and shall remain avail23 able through September 30, 2004, $60,000,000 shall be 

24 for Federal property payments under section 8002, and 
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1 $8,000,000, to remain available until expended, shall be 

2 for facilities maintenance under section 8008. 

3 SCHOOL IMPROVEMENT PROGRAMS

4 For carrying out school improvement activities au5 thorized by titles II, IV, V, subpart 1 of part A of title 

6 VI, and parts B and C of title VII of the Elementary and 

7 Secondary Education Act of 1965 (‘‘ESEA’’); the McKin8 ney-Vento Homeless Assistance Act; and the Civil Rights 

9 Act of 1964, $7,347,584,000, of which $500,000,000 shall 

10 become available October 1, 2002, and shall remain avail11 able through September 30, 2004, of which 

12 $3,558,017,000 shall become available on July 1, 2003, 

13 and remain available through September 30, 2004, and 

14 of which $2,265,000,000 shall become available on Octo15 ber 1, 2003, and shall remain available through September 

16 30, 2004, for academic year 2003–2004: Provided, That 

17 of the funds made available for subpart 2 of part A of 

18 title IV of the ESEA, $10,000,000, to remain available 

19 until expended, shall be for the Project School Emergency 

20 Response to Violence program to provide education-related 

21 services to local educational agencies in which the learning 

22 environment has been disrupted due to a violent or trau23 matic crisis: Provided further, That $387,000,000 shall be 

24 for subpart 1 of part A of title VI of the ESEA. 
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1 INDIAN EDUCATION

2 For expenses necessary to carry out, to the extent 

3 not otherwise provided, title VII, part A of the Elementary 

4 and Secondary Education Act of 1965, $122,368,000.

5 ENGLISH LANGUAGE ACQUISITION

6 For carrying out title III, part A of the ESEA, 

7 $665,000,000, of which $469,000,000 shall become avail8 able on July 1, 2003, and shall remain available through 

9 September 30, 2004. 

10 SPECIAL EDUCATION

11 For carrying out the Individuals with Disabilities 

12 Education Act, $9,187,804,000, of which $4,335,233,000 

13 shall become available for obligation on July 1, 2003, and 

14 shall remain available through September 30, 2004, and 

15 of which $5,072,000,000 shall become available on Octo16 ber 1, 2003, and shall remain available through September 

17 30, 2004, for academic year 2003–2004: Provided, That 

18 the amount for section 611(c) of the Act shall be equal 

19 to the amount available for that section in the Department 

20 of Education Appropriations Act, 2002, increased by the 

21 amount of inflation as specified in section 611(f)(1)(B)(ii) 

22 of the Act. 

23 REHABILITATION SERVICES AND DISABILITY RESEARCH

24 For carrying out, to the extent not otherwise pro25 vided, the Rehabilitation Act of 1973, the Assistive Tech-
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1 nology Act of 1998, and the Helen Keller National Center 

2 Act, $2,956,676,000, of which $45,218,000 shall remain 

3 available through September 30, 2004: Provided further,

4 That the funds provided for title I of the Assistive Tech5 nology Act of 1998 (‘‘the AT Act’’) shall be allocated not6 withstanding section 105(b)(1) of the AT Act: Provided 

7 further, That each State shall be provided $50,000 for ac8 tivities under section 102 of the AT Act: Provided further,

9 That $15,218,000 shall be used to support grants for up 

10 to 3 years to States under title III of the AT Act, of which 

11 the Federal share shall not exceed 75 percent in the first 

12 year, 50 percent in the second year, and 25 percent in 

13 the third year, and that the requirements in section 

14 301(c)(2) and section 302 of that Act shall not apply to 

15 such grants. 

16 SPECIAL INSTITUTIONS FOR PERSONS WITH

17 DISABILITIES

18 AMERICAN PRINTING HOUSE FOR THE BLIND

19 For carrying out the Act of March 3, 1879, as 

20 amended (20 U.S.C. 101 et seq.), $15,500,000. 

21 NATIONAL TECHNICAL INSTITUTE FOR THE DEAF

22 For the National Technical Institute for the Deaf 

23 under titles I and II of the Education of the Deaf Act 

24 of 1986 (20 U.S.C. 4301 et seq.), $53,500,000, of which 

25 $1,600,000 shall be for construction and shall remain 
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1 available until expended, and of which not less than 

2 $1,000,000 shall be used for the endowment program as 

3 authorized under section 207: Provided, That such 

4 $1,000,000 is available until expended. 

5 GALLAUDET UNIVERSITY

6 For the Kendall Demonstration Elementary School, 

7 the Model Secondary School for the Deaf, and the partial 

8 support of Gallaudet University under titles I and II of 

9 the Education of the Deaf Act of 1986 (20 U.S.C. 4301 

10 et seq.), $95,000,000, of which not less than $1,000,000 

11 shall be used for the endowment program as authorized 

12 under section 207: Provided, That such $1,000,000 is 

13 available until expended. 

14 VOCATIONAL AND ADULT EDUCATION

15 For carrying out, to the extent not otherwise pro16 vided, the Carl D. Perkins Vocational and Applied Tech17 nology Education Act, and the Adult Education and Fam18 ily Literacy Act, $1,919,560,000 of which $1,122,060,000 

19 shall become available on July 1, 2003 and shall remain 

20 available through September 30, 2004 and of which 

21 $791,000,000 shall become available on October 1, 2003 

22 and shall remain available through September 30, 2004: 

23 Provided, That of the amount provided for Adult Edu24 cation State Grants, $70,000,000 shall be made available 

25 for integrated English literacy and civics education serv-
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1 ices to immigrants and other limited English proficient 

2 populations: Provided further, That of the amount re3 served for integrated English literacy and civics education, 

4 notwithstanding section 211 of the Adult Education and 

5 Family Literacy Act, 65 percent shall be allocated to 

6 States based on a State’s absolute need as determined by 

7 calculating each State’s share of a 10-year average of the 

8 Immigration and Naturalization Service data for immi9 grants admitted for legal permanent residence for the 10 

10 most recent years, and 35 percent allocated to States that 

11 experienced growth as measured by the average of the 3 

12 most recent years for which Immigration and Naturaliza13 tion Service data for immigrants admitted for legal perma14 nent residence are available, except that no State shall be 

15 allocated an amount less than $60,000: Provided further,

16 That of the amounts made available for the Adult Edu17 cation and Family Literacy Act, $9,500,000 shall be for 

18 national leadership activities under section 243 and 

19 $6,560,000 shall be for the National Institute for Literacy 

20 under section 242. 

21 STUDENT FINANCIAL ASSISTANCE

22 For carrying out subparts 1, 3, and 4 of part A, sec23 tion 428K, part C and part E of title IV of the Higher 

24 Education Act of 1965, as amended, $13,171,610,000, 

25 which shall remain available through September 30, 2004. 
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1 The maximum Pell Grant for which a student shall 

2 be eligible during award year 2002–2003 shall be $4,000. 

3 HIGHER EDUCATION

4 For carrying out, to the extent not otherwise pro5 vided, section 121 and titles II, III, IV, V, VI, and VII 

6 of the Higher Education Act of 1965, as amended, section 

7 1543 of the Higher Education Amendments of 1992, title 

8 VIII of the Higher Education Amendments of 1998 

9 (‘‘HEA’’), and the Mutual Educational and Cultural Ex10 change Act of 1961, $1,903,553,000, of which $3,000,000 

11 for interest subsidies authorized by section 121 of the 

12 HEA, shall remain available until expended: Provided,

13 That $10,000,000, to remain available through September 

14 30, 2004, shall be available to fund fellowships for aca15 demic year 2004–2005 under part A, subpart 1 of title 

16 VII of said Act, under the terms and conditions of part 

17 A, subpart 1: Provided further, That $1,000,000 is for 

18 data collection and evaluation activities for programs 

19 under the HEA, including such activities needed to comply 

20 with the Government Performance and Results Act of 

21 1993: Provided further, That notwithstanding any other 

22 provision of law, funds made available in this Act to carry 

23 out title VI of the HEA and section 102(b)(6) of the Mu24 tual Educational and Cultural Exchange Act of 1961 may 

25 be used to support visits and study in foreign countries 
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1 by individuals who are participating in advanced foreign 

2 language training and international studies in areas that 

3 are vital to United States national security and who plan 

4 to apply their language skills and knowledge of these coun5 tries in the fields of government, the professions, or inter6 national development: Provided further, That up to one 

7 percent of the funds referred to in the preceding proviso 

8 may be used for program evaluation, national outreach, 

9 and information dissemination activities: Provided further, 

10 That the funds provided for part B of title VII of the HEA 

11 may be used, at the discretion of the Secretary of Edu12 cation, to fund continuation awards under title VII, part 

13 D of said Act. 

14 HOWARD UNIVERSITY

15 For partial support of Howard University (20 U.S.C. 

16 121 et seq.), $240,000,000, of which not less than 

17 $3,600,000 shall be for a matching endowment grant pur18 suant to the Howard University Endowment Act (Public 

19 Law 98–480) and shall remain available until expended. 

20 COLLEGE HOUSING AND ACADEMIC FACILITIES LOANS

21 PROGRAM

22 For Federal administrative expenses authorized 

23 under section 121 of the Higher Education Act of 1965, 

24 $762,000 to carry out activities related to existing facility 
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1 loans entered into under the Higher Education Act of 

2 1965. 

3 HISTORICALLY BLACK COLLEGE AND UNIVERSITY

4 CAPITAL FINANCING PROGRAM ACCOUNT

5 The aggregate principal amount of outstanding bonds 

6 insured pursuant to section 344 of title III, part D of the 

7 Higher Education Act of 1965 shall not exceed 

8 $357,000,000, and the cost, as defined in section 502 of 

9 the Congressional Budget Act of 1974, of such bonds shall 

10 not exceed zero. 

11 For administrative expenses to carry out the Histori12 cally Black College and University Capital Financing Pro13 gram entered into pursuant to title III, part D of the 

14 Higher Education Act of 1965, as amended, $208,000. 

15 EDUCATION RESEARCH, STATISTICS, AND ASSESSMENT

16 For carrying out activities authorized by the Edu17 cational Research, Development, Dissemination, and Im18 provement Act of 1994, including part E; the National 

19 Education Statistics Act of 1994, including sections 411 

20 and 412, $397,887,000. 

21 DEPARTMENTAL MANAGEMENT 

22 PROGRAM ADMINISTRATION

23 For carrying out, to the extent not otherwise pro24 vided, the Department of Education Organization Act, in25 cluding rental of conference rooms in the District of Co-
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1 lumbia and hire of three passenger motor vehicles, 

2 $411,795,000, of which $12,795,000, to remain available 

3 until expended, shall be for building alterations and re4 lated expenses for the modernization of the Mary E. 

5 Switzer Building in Washington, D.C. 

6 OFFICE FOR CIVIL RIGHTS

7 For expenses necessary for the Office for Civil 

8 Rights, as authorized by section 203 of the Department 

9 of Education Organization Act, $86,276,000. 

10 OFFICE OF THE INSPECTOR GENERAL

11 For expenses necessary for the Office of the Inspector 

12 General, as authorized by section 212 of the Department 

13 of Education Organization Act, $41,000,000. 

14 STUDENT AID ADMINISTRATION

15 For Federal administrative expenses (in addition to 

16 funds made available under section 458), to carry out part 

17 D of title I, and subparts 1, 3, and 4 of part A, and parts 

18 B, C, D, and E of title IV of the Higher Education Act 

19 of 1965, as amended, $105,388,000. 

20 GENERAL PROVISIONS 

21 SEC. 301. No funds appropriated in this Act may be 

22 used for the transportation of students or teachers (or for 

23 the purchase of equipment for such transportation) in 

24 order to overcome racial imbalance in any school or school 

25 system, or for the transportation of students or teachers 

26 (or for the purchase of equipment for such transportation) 
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1 in order to carry out a plan of racial desegregation of any 

2 school or school system. 

3 SEC. 302. None of the funds contained in this Act 

4 shall be used to require, directly or indirectly, the trans5 portation of any student to a school other than the school 

6 which is nearest the student’s home, except for a student 

7 requiring special education, to the school offering such 

8 special education, in order to comply with title VI of the 

9 Civil Rights Act of 1964. For the purpose of this section 

10 an indirect requirement of transportation of students in11 cludes the transportation of students to carry out a plan 

12 involving the reorganization of the grade structure of 

13 schools, the pairing of schools, or the clustering of schools, 

14 or any combination of grade restructuring, pairing or clus15 tering. The prohibition described in this section does not 

16 include the establishment of magnet schools. 

17 SEC. 303. No funds appropriated under this Act may 

18 be used to prevent the implementation of programs of vol19 untary prayer and meditation in the public schools.

20 (TRANSFER OF FUNDS)

21 SEC. 304. Not to exceed 1 percent of any discre22 tionary funds (pursuant to the Balanced Budget and 

23 Emergency Deficit Control Act of 1985, as amended) 

24 which are appropriated for the Department of Education 

25 in this Act may be transferred between appropriations, but 

26 no such appropriation shall be increased by more than 3 
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1 percent by any such transfer: Provided, That the Appro2 priations Committees of both Houses of Congress are noti3 fied at least 15 days in advance of any transfer. 

4 TITLE IV—RELATED AGENCIES 

5 ARMED FORCES RETIREMENT HOME

6 For expenses necessary for the Armed Forces Retire7 ment Home to operate and maintain the Armed Forces 

8 Retirement Home—Washington and the Armed Forces 

9 Retirement Home—Gulfport, to be paid from funds avail10 able in the Armed Forces Retirement Home Trust Fund, 

11 $67,340,000 of which $5,712,000 shall remain available 

12 until expended for construction and renovation of the 

13 physical plants at the Armed Forces Retirement Home—

14 Washington and the Armed Forces Retirement Home—

15 Gulfport. 

16 CORPORATION FOR NATIONAL AND 

17 COMMUNITY SERVICE 

18 DOMESTIC VOLUNTEER SERVICE PROGRAMS, OPERATING

19 EXPENSES

20 For expenses necessary for the Corporation for Na21 tional and Community Service to carry out the provisions 

22 of the Domestic Volunteer Service Act of 1973, as amend23 ed, $350,331,000: Provided, That none of the funds made 

24 available to the Corporation for National and Community 

25 Service in this Act shall be used to provide stipends or 
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1 other monetary incentives to volunteers or volunteer lead2 ers whose incomes exceed 125 percent of the national pov3 erty level. 

4 CORPORATION FOR PUBLIC BROADCASTING

5 (INCLUDING RESCISSION)

6 For payment to the Corporation for Public Broad7 casting, as authorized by the Communications Act of 

8 1934, an amount which shall be available within limita9 tions specified by that Act, for the fiscal year 2005, 

10 $380,000,000: Provided, That no funds made available to 

11 the Corporation for Public Broadcasting by this Act shall 

12 be used to pay for receptions, parties, or similar forms 

13 of entertainment for Government officials or employees: 

14 Provided further, That none of the funds contained in this 

15 paragraph shall be available or used to aid or support any 

16 program or activity from which any person is excluded, 

17 or is denied benefits, or is discriminated against, on the 

18 basis of race, color, national origin, religion, or sex: Pro19 vided further, That, for fiscal year 2003, in addition to 

20 the amounts provided above, $25,000,000, for costs re21 lated to digital program production, development, and dis22 tribution, associated with the transition of public broad23 casting to digital broadcasting, to be awarded as deter24 mined by the Corporation in consultation with public radio 

25 and television licensees or permittees, or their designated 
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1 representations: Provided further, That, of the funds ap2 propriated under this heading for fiscal year 2003 in the 

3 Departments of Labor, Health, and Human Services, and 

4 Education, and Related Agencies Appropriations Act, 

5 2001 (as enacted into law by Public Law 106–554), 

6 $15,000,000 is rescinded. 

7 FEDERAL MEDIATION AND CONCILIATION 

8 SERVICE 

9 SALARIES AND EXPENSES

10 For expenses necessary for the Federal Mediation 

11 and Conciliation Service to carry out the functions vested 

12 in it by the Labor Management Relations Act, 1947 (29 

13 U.S.C. 171–180, 182–183), including hire of passenger 

14 motor vehicles; for expenses necessary for the Labor-Man15 agement Cooperation Act of 1978 (29 U.S.C. 175a); and 

16 for expenses necessary for the Service to carry out the 

17 functions vested in it by the Civil Service Reform Act, 

18 Public Law 95–454 (5 U.S.C. ch. 71), $40,718,000, in19 cluding $1,500,000, to remain available through Sep20 tember 30, 2004, for activities authorized by the Labor21 Management Cooperation Act of 1978 (29 U.S.C. 175a): 

22 Provided, That notwithstanding 31 U.S.C. 3302, fees 

23 charged, up to full-cost recovery, for special training ac24 tivities and other conflict resolution services and technical 

25 assistance, including those provided to foreign govern-
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1 ments and international organizations, and for arbitration 

2 services shall be credited to and merged with this account, 

3 and shall remain available until expended: Provided fur4 ther, That fees for arbitration services shall be available 

5 only for education, training, and professional development 

6 of the agency workforce: Provided further, That the Direc7 tor of the Service is authorized to accept and use on behalf 

8 of the United States gifts of service and real, personal, 

9 or other property in the aid of any projects or functions 

10 within the Director’s jurisdiction. 

11 FEDERAL MINE SAFETY AND HEALTH REVIEW 

12 COMMISSION 

13 SALARIES AND EXPENSES

14 For expenses necessary for the Federal Mine Safety 

15 and Health Review Commission (30 U.S.C. 801 et seq.), 

16 $7,127,000. 

17 INSTITUTE OF MUSEUM AND LIBRARY SERVICES

18 For carrying out the Museum and Library Services 

19 Act, $210,000,000, of which $10,000,000 shall remain 

20 available until expended for the Laura Bush Recruiting 

21 and Educating Librarians for the 21st Century Initiative. 

22 MEDICARE PAYMENT ADVISORY COMMISSION

23 SALARIES AND EXPENSES

24 For expenses necessary to carry out section 1805 of 

25 the Social Security Act, $8,250,000, to be transferred to 
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1 this appropriation from the Federal Hospital Insurance 

2 and the Federal Supplementary Medical Insurance Trust 

3 Funds. 

4 NATIONAL COMMISSION ON LIBRARIES AND

5 INFORMATION SCIENCE

6 SALARIES AND EXPENSES

7 For necessary expenses for the National Commission 

8 on Libraries and Information Science, established by the 

9 Act of July 20, 1970 (Public Law 91–345, as amended), 

10 $1,000,000. 

11 NATIONAL COUNCIL ON DISABILITY 

12 SALARIES AND EXPENSES

13 For expenses necessary for the National Council on 

14 Disability as authorized by title IV of the Rehabilitation 

15 Act of 1973, as amended, $2,830,000. 

16 NATIONAL LABOR RELATIONS BOARD 

17 SALARIES AND EXPENSES

18 For expenses necessary for the National Labor Rela19 tions Board to carry out the functions vested in it by the 

20 Labor-Management Relations Act, 1947, as amended (29 

21 U.S.C. 141–167), and other laws, $226,618,000: Pro22 vided, That no part of this appropriation shall be available 

23 to organize or assist in organizing agricultural laborers or 

24 used in connection with investigations, hearings, direc25 tives, or orders concerning bargaining units composed of 
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1 agricultural laborers as referred to in section 2(3) of the 

2 Act of July 5, 1935 (29 U.S.C. 152), and as amended 

3 by the Labor-Management Relations Act, 1947, as amend4 ed, and as defined in section 3(f) of the Act of June 25, 

5 1938 (29 U.S.C. 203), and including in said definition em6 ployees engaged in the maintenance and operation of 

7 ditches, canals, reservoirs, and waterways when main8 tained or operated on a mutual, nonprofit basis and at 

9 least 95 percent of the water stored or supplied thereby 

10 is used for farming purposes. 

11 NATIONAL MEDIATION BOARD 

12 SALARIES AND EXPENSES

13 For expenses necessary to carry out the provisions 

14 of the Railway Labor Act, as amended (45 U.S.C. 151–

15 188), including emergency boards appointed by the Presi16 dent, $11,203,000. 

17 OCCUPATIONAL SAFETY AND HEALTH REVIEW 

18 COMMISSION 

19 SALARIES AND EXPENSES

20 For expenses necessary for the Occupational Safety 

21 and Health Review Commission (29 U.S.C. 661), 

22 $9,577,000. 
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1 RAILROAD RETIREMENT BOARD 

2 DUAL BENEFITS PAYMENTS ACCOUNTS

3 For payment to the Dual Benefits Payments Ac4 count, authorized under section 15(d) of the Railroad Re5 tirement Act of 1974, $132,000,000, which shall include 

6 amounts becoming available in fiscal year 2003 pursuant 

7 to section 224(c)(1)(B) of Public Law 98–76; and in addi8 tion an amount, not to exceed 2 percent of the amount 

9 provided herein shall be available proportional to the 

10 amount by which the product of recipients and the average 

11 benefit received exceeds $132,000,000: Provided, That the 

12 total amount provided herein shall be credited in 12 ap13 proximately equal amounts on the first day of each month 

14 in the fiscal year. 

15 FEDERAL PAYMENTS TO THE RAILROAD RETIREMENT

16 ACCOUNTS

17 For payment to the accounts established in the 

18 Treasury for the payment of benefits under the Railroad 

19 Retirement Act for interest earned on unnegotiated 

20 checks, $150,000, to remain available through September 

21 30, 2004, which shall be the maximum amount available 

22 for payment pursuant to section 417 of Public Law 98–

23 76. 

24 LIMITATION ON ADMINISTRATION

25 For necessary expenses for the Railroad Retirement 

26 Board for administration of the Railroad Retirement Act 
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1 and the Railroad Unemployment Insurance Act, 

2 $100,000,000, to be derived in such amounts as deter3 mined by the Board from the railroad retirement accounts 

4 and from moneys credits to the railroad unemployment in5 surance administration fund. 

6 LIMITATION ON THE OFFICE OF INSPECTOR GENERAL

7 For expenses necessary for the Office of Inspector 

8 General for audit, investigatory and review activities, as 

9 authorized by the Inspector General Act of 1978, as 

10 amended, not more than $6,300,000, to be derived from 

11 the railroad retirement accounts and railroad unemploy12 ment insurance account: Provided further, That none of 

13 the funds made available in any other paragraph of this 

14 Act may be transferred to the Office; used to carry out 

15 any such transfer; used to provide any office space, equip16 ment, office supplies, communications facilities or services, 

17 maintenance services, or administrative services for the 

18 Office; used to pay any salary, benefit, or award for any 

19 personnel of the Office; used to pay any other operating 

20 expense of the Office; or used to reimburse the Office for 

21 any service provided, or expense incurred, by the Office. 

22 SOCIAL SECURITY ADMINISTRATION

23 PAYMENTS TO SOCIAL SECURITY TRUST FUNDS

24 For payment to the Federal Old-Age and Survivors 

25 Insurance and the Federal Disability Insurance trust 
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1 funds, as provided under sections 201(m), 228(g), and 

2 1131(b)(2) of the Social Security Act, $20,400,000. 

3 SPECIAL BENEFITS FOR DISABLED COAL MINERS

4 For carrying out title IV of the Federal Mine Safety 

5 and Health Act of 1977, $300,177,000, to remain avail6 able until expended. 

7 For making, after July 31 of the current fiscal year, 

8 benefit payments to individuals under title IV of the Fed9 eral Mine Safety and Health Act of 1977, for costs in10 curred in the current fiscal year, such amounts as may 

11 be necessary. 

12 For making benefit payments under title IV of the 

13 Federal Mine Safety and Health Act of 1977 for the first 

14 quarter of fiscal year 2004, $97,000,000, to remain avail15 able until expended 

16 SUPPLEMENTAL SECURITY INCOME PROGRAM

17 For carrying out titles XI and XVI of the Social Se18 curity Act, section 401 of Public Law 92–603, section 212 

19 of Public Law 93–66, as amended, and section 405 of 

20 Public Law 95–216, including payment to the Social Secu21 rity trust funds for administrative expenses incurred pur22 suant to section 201(g)(1) of the Social Security Act, 

23 $23,906,392,000, to remain available until expended: Pro24 vided, That any portion of the funds provided to a State 
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1 in the current fiscal year and not obligated by the State 

2 during that year shall be returned to the Treasury. 

3 For making, after June 15 of the current fiscal year, 

4 benefit payments to individuals under title XVI of the So5 cial Security Act, for unanticipated costs incurred for the 

6 current fiscal year, such sums as may be necessary. 

7 For making benefit payments under title XVI of the 

8 Social Security Act for the first quarter of fiscal year 

9 2004, $11,080,000,000, to remain available until ex10 pended. 

11 LIMITATION ON ADMINISTRATIVE EXPENSES

12 For necessary expenses, including the hire of two pas13 senger motor vehicles, and not to exceed $15,000 for offi14 cial reception and representation expenses, not more than 

15 $7,825,000,000 may be expended, as authorized by sec16 tion 201(g)(1) of the Social Security Act, from any one 

17 or all of the trust funds referred to therein: Provided, That 

18 not less than $1,800,000 shall be for the Social Security 

19 Advisory Board: Provided further, That unobligated bal20 ances of funds provided under this paragraph at the end 

21 of fiscal year 2003 not needed for fiscal year 2003 shall 

22 remain available through fiscal year 2004 to invest in the 

23 Social Security Administration information technology 

24 and telecommunications hardware and software infra25 structure, including related equipment and non-payroll ad-
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1 ministrative expenses associated solely with this informa2 tion technology and telecommunications infrastructure: 

3 Provided further, That reimbursement to the trust funds 

4 under this heading for expenditures for official time for 

5 employees of the Social Security Administration pursuant 

6 to section 7131 of title 5, United States Code, and for 

7 facilities or support services for labor organizations pursu8 ant to policies, regulations, or procedures referred to in 

9 section 7135(b) of such title shall be made by the Sec10 retary of the Treasury, with interest, from amounts in the 

11 general fund not otherwise appropriated, as soon as pos12 sible after such expenditures are made. 

13 In addition, $111,000,000 to be derived from admin14 istration fees in excess of $5.00 per supplementary pay15 ment collected pursuant to section 1616(d) of the Social 

16 Security Act or section 212(b)(3) of Public Law 93–66, 

17 which shall remain available until expended. To the extent 

18 that the amounts collected pursuant to such section 

19 1616(d) or 212(b)(3) in fiscal year 2003 exceed 

20 $111,000,000, the amounts shall be available in fiscal year 

21 2004 only to the extent provided in advance in appropria22 tions Acts. 

23 From funds previously appropriated for this purpose, 

24 any unobligated balances at the end of fiscal year 2002 

25 shall be available to continue Federal-State partnerships 
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1 which will evaluate means to promote Medicare buy-in pro2 grams targeted to elderly and disabled individuals under 

3 titles XVIII and XIX of the Social Security Act. 

4 OFFICE OF INSPECTOR GENERAL

5 (INCLUDING TRANSFER OF FUNDS)

6 For expenses necessary for the Office of Inspector 

7 General in carrying out the provisions of the Inspector 

8 General Act of 1978, as amended, $21,000,000, together 

9 with not to exceed $62,000,000, to be transferred and ex10 pended as authorized by section 201(g)(1) of the Social 

11 Security Act from the Federal Old-Age and Survivors In12 surance Trust Fund and the Federal Disability Insurance 

13 Trust Fund. 

14 In addition, an amount not to exceed 3 percent of 

15 the total provided in this appropriation may be transferred 

16 from the ‘‘Limitation on Administrative Expenses’’, Social 

17 Security Administration, to be merged with this account, 

18 to be available for the time and purposes for which this 

19 account is available: Provided, That notice of such trans20 fers shall be transmitted promptly to the Committees on 

21 Appropriations of the House and Senate. 
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1 UNITED STATES INSTITUTE OF PEACE 

2 OPERATING EXPENSES

3 For necessary expenses of the United States Institute 

4 of Peace as authorized in the United States Institute of 

5 Peace Act, $15,104,000. 

6 TITLE V—GENERAL PROVISIONS 

7 SEC. 501. The Secretaries of Labor, Health and 

8 Human Services, and Education are authorized to transfer 

9 unexpended balances of prior appropriations to accounts 

10 corresponding to current appropriations provided in this 

11 Act: Provided, That such transferred balances are used for 

12 the same purpose, and for the same periods of time, for 

13 which they were originally appropriated. 

14 SEC. 502. No part of any appropriation contained in 

15 this Act shall remain available for obligation beyond the 

16 current fiscal year unless expressly so provided herein. 

17 SEC. 503. (a) No part of any appropriation contained 

18 in this Act shall be used, other than for normal and recog19 nized executive-legislative relationships, for publicity or 

20 propaganda purposes, for the preparation, distribution, or 

21 use of any kit, pamphlet, booklet, publication, radio, tele22 vision, or video presentation designed to support or defeat 

23 legislation pending before the Congress or any State legis24 lature, except in presentation to the Congress or any State 

25 legislature itself. 
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1 (b) No part of any appropriation contained in this 

2 Act shall be used to pay the salary or expenses of any 

3 grant or contract recipient, or agent acting for such recipi4 ent, related to any activity designed to influence legislation 

5 or appropriations pending before the Congress or any 

6 State legislature. 

7 SEC. 504. The Secretaries of Labor and Education 

8 are authorized to make available not to exceed $28,000 

9 and $20,000, respectively, from funds available for sala10 ries and expenses under titles I and III, respectively, for 

11 official reception and representation expenses; the Direc12 tor of the Federal Mediation and Conciliation Service is 

13 authorized to make available for official reception and rep14 resentation expenses not to exceed $2,500 from the funds 

15 available for ‘‘Salaries and expenses, Federal Mediation 

16 and Conciliation Service’’; and the Chairman of the Na17 tional Mediation Board is authorized to make available for 

18 official reception and representation expenses not to ex19 ceed $2,500 from funds available for ‘‘Salaries and ex20 penses, National Mediation Board’’. 

21 SEC. 505. Notwithstanding any other provision of 

22 this Act, no funds appropriated under this Act shall be 

23 used to carry out any program of distributing sterile nee24 dles or syringes for the hypodermic injection of any illegal 

25 drug. 
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1 SEC. 506. (a) It is the sense of the Congress that, 

2 to the greatest extent practicable, all equipment and prod3 ucts purchased with funds made available in this Act 

4 should be American-made. 

5 (b) In providing financial assistance to, or entering 

6 into any contract with, any entity using funds made avail7 able in this Act, the head of each Federal agency, to the 

8 greatest extent practicable, shall provide to such entity a 

9 notice describing the statement made in subsection (a) by 

10 the Congress. 

11 (c) If it has been finally determined by a court or 

12 Federal agency that any person intentionally affixed a 

13 label bearing a ‘‘Made in America’’ inscription, or any in14 scription with the same meaning, to any product sold in 

15 or shipped to the United States that is not made in the 

16 United States, the person shall be ineligible to receive any 

17 contract or subcontract made with funds made available 

18 in this Act, pursuant to the debarment, suspension, and 

19 ineligibility procedures described in sections 9.400 through 

20 9.409 of title 48, Code of Federal Regulations. 

21 SEC. 507. When issuing statements, press releases, 

22 requests for proposals, bid solicitations and other docu23 ments describing projects or programs funded in whole or 

24 in part with Federal money, all grantees receiving Federal 

25 funds included in this Act, including but not limited to 
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1 State and local governments and recipients of Federal re2 search grants, shall clearly state: (1) the percentage of the 

3 total costs of the program or project which will be financed 

4 with Federal money; (2) the dollar amount of Federal 

5 funds for the project or program; and (3) percentage and 

6 dollar amount of the total costs of the project or program 

7 that will be financed by non-governmental sources. 

8 SEC. 508. (a) None of the funds appropriated under 

9 this Act, and none of the funds in any trust fund to which 

10 funds are appropriated under this Act, shall be expended 

11 for any abortion. 

12 (b) None of the funds appropriated under this Act, 

13 and none of the funds in any trust fund to which funds 

14 are appropriated under this Act, shall be expended for 

15 health benefits coverage that includes coverage of abor16 tion. 

17 (c) The term ‘‘health benefits coverage’’ means the 

18 package of services covered by a managed care provider 

19 or organization pursuant to a contract or other arrange20 ment. 

21 SEC. 509. (a) The limitations established in the pre22 ceding section shall not apply to an abortion—

23 (1) if the pregnancy is the result of an act of 

24 rape or incest; or 
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1 (2) in the case where a woman suffers from a 

2 physical disorder, physical injury, or physical illness, 

3 including a life-endangering physical condition 

4 caused by or arising from the pregnancy itself, that 

5 would, as certified by a physician, place the woman 

6 in danger of death unless an abortion is performed. 

7 (b) Nothing in the preceding section shall be con8 strued as prohibiting the expenditure by a State, locality, 

9 entity, or private person of State, local, or private funds 

10 (other than a State’s or locality’s contribution of Medicaid 

11 matching funds). 

12 (c) Nothing in the preceding section shall be con13 strued as restricting the ability of any managed care pro14 vider from offering abortion coverage or the ability of a 

15 State or locality to contract separately with such a pro16 vider for such coverage with State funds (other than a 

17 State’s or locality’s contribution of Medicaid matching 

18 funds). 

19 SEC. 510. (a) None of the funds made available in 

20 this Act may be used for—

21 (1) the creation of a human embryo or embryos 

22 for research purposes; or 

23 (2) research in which a human embryo or em24 bryos are destroyed, discarded, or knowingly sub25 jected to risk of injury or death greater than that 
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1 allowed for research on fetuses in utero under 45 

2 CFR 46.208(a)(2) and section 498(b) of the Public 

3 Health Service Act (42 U.S.C. 289g(b)). 

4 (b) For purposes of this section, the term ‘‘human 

5 embryo or embryos’’ includes any organism, not protected 

6 as a human subject under 45 CFR 46 as of the date of 

7 the enactment of this Act, that is derived by fertilization, 

8 parthenogenesis, cloning, or any other means from one or 

9 more human gametes or human diploid cells. 

10 SEC. 511. (a) None of the funds made available in 

11 this Act may be used for any activity that promotes the 

12 legalization of any drug or other substance included in 

13 schedule I of the schedules of controlled substances estab14 lished by section 202 of the Controlled Substances Act (21 

15 U.S.C. 812). 

16 (b) The limitation in subsection (a) shall not apply 

17 when there is significant medical evidence of a therapeutic 

18 advantage to the use of such drug or other substance or 

19 that federally sponsored clinical trials are being conducted 

20 to determine therapeutic advantage. 

21 SEC. 512. None of the funds made available in this 

22 Act may be obligated or expended to enter into or renew 

23 a contract with an entity if—

24 (1) such entity is otherwise a contractor with 

25 the United States and is subject to the requirement 
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1 in section 4212(d) of title 38, United States Code, 

2 regarding submission of an annual report to the Sec3 retary of Labor concerning employment of certain 

4 veterans; and 

5 (2) such entity has not submitted a report as 

6 required by that section for the most recent year for 

7 which such requirement was applicable to such enti8 ty. 

9 SEC. 513. None of the funds made available in this 

10 Act may be used to promulgate or adopt any final stand11 ard under section 1173(b) of the Social Security Act (42 

12 U.S.C. 1320d–2(b)) providing for, or providing for the as13 signment of, a unique health identifier for an individual 

14 (except in an individual’s capacity as an employer or a 

15 health care provider), until legislation is enacted specifi16 cally approving the standard.

17 SEC. 514. None of the funds made available in this 

18 Act may be transferred to any department, agency, or in19 strumentality of the United States Government, except 

20 pursuant to a transfer made by, or transfer authority pro21 vided in, this Act or any other appropriation Act. 

22 This Act may be cited as the ‘‘Departments of Labor, 

23 Health and Human Services, and Education, and Related 

24 Agencies Appropriations Act, 2003’’.