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Pueblo’s written consent, but road mainte-
nance to the rights-of-way shall not be sub-
ject to Pueblo consent.
(ii) The rights-of-way shall not author-
ize uses for any purpose other than roads
without the Pueblo’s written consent.
(iii) Except as provided in the Settle-
ment Agreement, existing rights-of-way or
leasehold interests and obligations held by
the Sandia Peak Tram Company and its
affiliates, shall be preserved, protected, and
unaffected by this title.
(2) UTILITY
RIGHTS-OF-WAY.—In accordance
with the Pueblo having given its consent in the Settle-
ment Agreement, the Secretary of the Interior shall
grant irrevocable utility rights-of-way in perpetuity
across Pueblo land to appropriate utility or other
service providers serving Sandia Heights Addition,
Sandia Heights North Units I, II, and 3, the special
use permit land, Tierra Monte, and Valley View
Acres, including rights-of-way for natural gas, power,
water, telecommunications, and cable television serv-
ices. Such rights-of-way shall be within existing util-
ity corridors as depicted on the map or, for certain
water lines, as described in the existing grant of ease-
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ment to the Sandia Peak Utility Company: Provided,
That use of water line easements outside the utility
corridors depicted on the map shall not be used for
utility purposes other than water lines and associated
facilities. Except where above-ground facilities al-
ready exist, all new utility facilities shall be installed
underground unless the Pueblo agrees otherwise. To
the extent that enlargement of existing utility cor-
ridors is required for any technologically-advanced
telecommunication, television, or utility services, the
Pueblo shall not unreasonably withhold agreement to
a reasonable enlargement of the easements described
above.
(3) FOREST
SERVICE
RIGHTS-OF-WAY.—In ac-
cordance with the Pueblo having given its consent in
the Settlement Agreement, the Secretary of the Inte-
rior shall grant to the Forest Service the following ir-
revocable rights-of-way in perpetuity for Forest Serv-
ice trails crossing land of the Pueblo in order to pro-
vide for public access to the Area and through Pueblo
land—
(A) a right-of-way for a portion of the Crest
Spur Trail (Trail No. 84), crossing a portion of
the La Luz tract, as identified on the map;
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(b) EXISTING RIGHTS.—To the extent there exist with-
in the Area as of the date of enactment of this Act any
valid private property rights associated with private land
that are not otherwise addressed in this title, such rights
are not modified or otherwise affected by this title, nor is
the exercise of any such right subject to the Pueblo’s right
to withhold consent to new uses in the Area as set forth
in section 405(a)(3)(A).
(c) NOT PRECEDENT.—The provisions of this title cre-
ating certain rights and interests in the National Forest
System are uniquely suited to resolve the Pueblo’s claim
and the geographic and societal situation involved, and
shall not be construed as precedent for any other situation
involving management of the National Forest System.
(d) FISH AND WILDLIFE.—Except as provided in sec-
tion 408(b)(2)(B), nothing in this title shall be construed
as affecting the responsibilities of the State of New Mexico
with respect to fish and wildlife, including the regulation
of hunting, fishing, or trapping within the Area.
(e) FEDERAL LAND POLICY AND MANAGEMENT ACT.—
Section 316 of the Federal Land Policy and Management
Act of 1976 (43 U.S.C. 1746) is amended by adding at the
end the following: ‘‘Any corrections authorized by this sec-
tion which affect the boundaries of, or jurisdiction over,
land administered by another Federal agency shall be made
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only after consultation with, and the approval of, the head
of such other agency.’’
SEC. 412. JUDICIAL REVIEW.
(a) ENFORCEMENT.—A civil action to enforce the pro-
visions of this title may be brought to the extent permitted
under chapter 7 of title 5, United States Code. Judicial re-
view shall be based on the administrative record and subject
to the applicable standard of review set forth in section 706
of title 5, United States Code.
(b) WAIVER.—A civil action may be brought against
the Pueblo for declaratory judgment or injunctive relief
under this title, but no money damages, including costs or
attorney’s fees, may be imposed on the Pueblo as a result
of such judicial action.
(c) VENUE.—Venue for any civil action provided for
in this section, as well as any civil action to contest the
constitutionality of this title, shall lie only in the United
States District Court for the District of New Mexico.
SEC. 413. PROVISIONS RELATING TO CONTRIBUTIONS AND
LAND EXCHANGE.
(a) CONTRIBUTIONS.—
(1) IN
GENERAL.—The Secretary may accept
contributions from the Pueblo, or from other persons
or governmental entities—
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(A) to perform and complete a survey of the
Area; or
(B) to carry out any other project or activ-
ity for the benefit of the Area in accordance with
this title.
(2) DEADLINE.—Not later than 1 year after the
date of enactment of this Act, the Secretary shall com-
plete the survey of the Area under paragraph (1)(A).
(b) LAND EXCHANGE.—
(1) IN GENERAL.—Not later than 180 days after
the date of enactment of this Act, after consultation
with the Pueblo, the Secretary shall, in accordance
with applicable laws, prepare and offer a land ex-
change of National Forest land outside the Area and
contiguous to the northern boundary of the Pueblo’s
Reservation within sections 10, 11, and 14 of T12N,
R4E, N.M.P.M., Sandoval County, New Mexico ex-
cluding wilderness land, for land owned by the Pueblo
in the Evergreen Hills subdivision in Sandoval Coun-
ty contiguous to National Forest land, and the La
Luz tract in Bernalillo County.
(2) 
ACCEPTANCE
OF
PAYMENT.—Notwith-
standing section 206(b) of the Federal Land Policy
and Management Act (43 U.S.C. 1716(b)), the Sec-
retary may either make or accept a cash equalization
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payment in excess of 25 percent of the total value of
the land or interests transferred out of Federal owner-
ship.
(3) FUNDS RECEIVED.—Any funds received by
the Secretary as a result of the exchange shall be de-
posited in the fund established under the Act of De-
cember 4, 1967, known as the Sisk Act (16 U.S.C.
484a), and shall be available to purchase non-Federal
land within or adjacent to the National Forests in the
State of New Mexico.
(4) TREATMENT OF LAND EXCHANGED OR CON-
VEYED.—All land exchanged or conveyed to the Pueb-
lo is declared to be held in trust for the Pueblo by the
United States and added to the Pueblo’s Reservation
subject to all existing and outstanding rights and
shall remain in its natural state and shall not be sub-
ject to commercial development of any kind. Land ex-
changed or conveyed to the Forest Service shall be
subject to all limitations on use pertaining to the
Area under this title.
(5) FAILURE TO MAKE OFFER.—If the land ex-
change offer is not made by the date that is 180 days
after the date of enactment of this Act, the Secretary
shall submit to the Committee on Energy and Natural
Resources of the United States Senate and the Com-
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mittee on Resources of the United States House of
Representatives, a report explaining the reasons for
the failure to make the offer including an assessment
of the need for any additional legislation that may be
necessary for the exchange. If additional legislation is
not necessary, the Secretary, consistent with this sec-
tion, should proceed with the exchange pursuant to
existing law.
(c) LAND ACQUISITION AND OTHER COMPENSATION.—
(1) IN GENERAL.—The Secretary may acquire
land owned by the Pueblo within the Evergreen Hills
Subdivision in Sandoval County or any other pri-
vately held land inside of the exterior boundaries of
the Area. The boundaries of the Cibola National For-
est and the Area shall be adjusted to encompass any
land acquired pursuant to this section.
(2) PIEDRA LISA TRACT.—Subject to the avail-
ability of appropriations, the Secretary shall com-
pensate the Pueblo for the fair market value of—
(A) the right-of-way established pursuant to
section 409(h)(3)(C); and
(B) the conservation easement established by
the limitations on use of the Piedra Lisa tract
pursuant to section 409(b)(2).
(d) REIMBURSEMENT OF CERTAIN COSTS.—
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(1) IN
GENERAL.—The Pueblo, the County of
Bernalillo, New Mexico, and any person that owns or
has owned property inside of the exterior boundaries
of the Area as designated on the map, and who has
incurred actual and direct costs as a result of partici-
pating in the case of Pueblo of Sandia v. Babbitt,
Civ. No. 94–2624 HHG (D.D.C.), or other pro-
ceedings directly related to resolving the issues liti-
gated in that case, may apply for reimbursement in
accordance with this section. Costs directly related to
such participation which shall qualify for reimburse-
ment shall be—
(A) dues or payments to a homeowner asso-
ciation for the purpose of legal representation;
and
(B) legal fees and related expenses.
(2) TREATMENT OF REIMBURSEMENT.—Any re-
imbursement provided in this subsection shall be in
lieu of that which might otherwise be available pursu-
ant to the Equal Access to Justice Act (24 U.S.C.
2412).
(3) PAYMENTS.—The Secretary of the Treasury
shall make reimbursement payments as provided in
this section out of any money not otherwise appro-
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HJ 2 EAS
priated as provided in advance in appropriations
Acts.
(4) APPLICATIONS.—Not later than 180 days
after the date of enactment of this Act, applications
for reimbursement shall be filed with the Department
of the Treasury, Financial Management Service,
Washington, D.C.
(5) MAXIMUM REIMBURSEMENT.—No party shall
be reimbursed in excess of $750,000 under this sec-
tion, and the total amount reimbursed in accordance
with this section shall not exceed $3,000,000.
SEC. 414. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as
are necessary to carry out this title, including such sums
as are necessary for the Forest Service to carry out respon-
sibilities of the Forest Service in accordance with section
413(c).
SEC. 415. EFFECTIVE DATE.
The provisions of this title shall take effect imme-
diately on enactment of this Act.
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TITLE V—OTTAWA NATIONAL
WILDLIFE REFUGE COMPLEX
SEC. 501. SHORT TITLE.
This title may be cited as the ‘‘Ottawa National Wild-
life Refuge Complex Expansion and Detroit River Inter-
national Wildlife Refuge Expansion Act’’.
SEC. 502. DEFINITIONS.
In this title:
(1) INTERNATIONAL REFUGE.—The term ‘‘Inter-
national Refuge’’ means the Detroit River Inter-
national Wildlife Refuge established by section 5(a) of
the Detroit River International Wildlife Refuge Es-
tablishment Act (16 U.S.C. 668dd note; 115 Stat.
894).
(2) REFUGE COMPLEX.—The term ‘‘Refuge Com-
plex’’ means the Ottawa National Wildlife Refuge
Complex and the lands and waters in the complex, as
described in the document entitled ‘‘The Comprehen-
sive Conservation Plan for the Ottawa National Wild-
life Refuge Complex’’ and dated September 22, 2000,
including—
(A) the Ottawa National Wildlife Refuge,
established by the Secretary in accordance with
the Migratory Bird Conservation Act (16 U.S.C.
715 et seq.);
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(B) the West Sister Island National Wildlife
Refuge established by Executive Order No. 7937,
dated August 2, 1937; and
(C) the Cedar Point National Wildlife Ref-
uge established by the Secretary in accordance
with the Migratory Bird Conservation Act (16
U.S.C. 715 et seq.).
(3) SECRETARY.—The term ‘‘Secretary’’ means
the Secretary of the Interior.
(4) WESTERN BASIN.—
(A) IN
GENERAL.—The term ‘‘western
basin’’ means the western basin of Lake Erie,
consisting of the land and water in the water-
sheds of Lake Erie extending from the watershed
of the Lower Detroit River in the State of Michi-
gan to and including Sandusky Bay and the wa-
tershed of Sandusky Bay in the State of Ohio.
(B) INCLUSION.—The term ‘western basin’
includes the Bass Island archipelago in the State
of Ohio.
SEC. 503. EXPANSION OF BOUNDARIES.
(a) REFUGE COMPLEX BOUNDARIES.—
(1) EXPANSION.—The boundaries of the Refuge
Complex are expanded to include land and water in
the State of Ohio from the eastern boundary of
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Maumee Bay State Park to the eastern boundary of
the Darby Unit (including the Bass Island archi-
pelago), as depicted on the map entitled ‘‘Ottawa Na-
tional Wildlife Refuge Complex Expansion and De-
troit River International Wildlife Refuge Expansion
Act’’ and dated September 6, 2002.
(2) AVAILABILITY OF MAP.—The map referred to
in paragraph (1) shall be available for inspection in
appropriate offices of the United States Fish and
Wildlife Service.
(b) BOUNDARY REVISIONS.—The Secretary may make
such revisions of the boundaries of the Refuge Complex as
the Secretary determines to be appropriate—
(1) to facilitate the acquisition of property with-
in the Refuge Complex; or
(2) to carry out this title.
(c) ACQUISITION.—
(1) IN GENERAL.—Subject to paragraph (2), the
Secretary may acquire by donation, purchase with
donated or appropriated funds, or exchange the land
and water, and interests in land and water (includ-
ing conservation easements), within the boundaries of
the Refuge Complex.
(2) CONSENT.—No land, water, or interest in
land or water described in paragraph (1) may be ac-
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quired by the Secretary without the consent of the
owner of the land, water, or interest.
(d) TRANSFERS FROM OTHER AGENCIES.—Adminis-
trative jurisdiction over any Federal property that is lo-
cated within the boundaries of the Refuge Complex and
under the administrative jurisdiction of an agency of the
United States other than the Department of the Interior
may, with the concurrence of the head of the administering
agency, be transferred without consideration to the Sec-
retary for the purpose of this title.
(e) STUDY OF ASSOCIATED AREA.—
(1) IN GENERAL.—The Secretary, acting through
the Director of the United States Fish and Wildlife
Service, shall conduct a study of fish and wildlife
habitat and aquatic and terrestrial communities in
and around the 2 dredge spoil disposal sites that
are—
(A) referred to by the Toledo-Lucas County
Port Authority as ‘‘Port Authority Facility
Number Three’’ and ‘‘Grassy Island’’, respec-
tively; and
(B) located within Toledo Harbor near the
mouth of the Maumee River.
(2) REPORT.—Not later than 18 months after the
date of enactment of this Act, the Secretary shall—
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(A) complete the study under paragraph
(1); and
(B) submit to Congress a report on the re-
sults of the study.
SEC. 504. EXPANSION OF INTERNATIONAL REFUGE BOUND-
ARIES.
The southern boundary of the International Refuge is
extended south to include additional land and water in the
State of Michigan located east of Interstate Route 75, ex-
tending from the southern boundary of Sterling State Park
to the Ohio State boundary, as depicted on the map referred
to in section 503(a)(1).
SEC. 505. ADMINISTRATION.
(a) REFUGE COMPLEX.—
(1) IN GENERAL.—The Secretary shall admin-
ister all federally owned land, water, and interests in
land and water that are located within the bound-
aries of the Refuge Complex in accordance with—
(A) the National Wildlife Refuge System
Administration Act of 1966 (16 U.S.C. 668dd et
seq.); and
(B) this title.
(2) ADDITIONAL
AUTHORITY.—The Secretary
may use such additional statutory authority available
to the Secretary for the conservation of fish and wild-
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life, and the provision of opportunities for fish- and
wildlife-dependent recreation, as the Secretary deter-
mines to be appropriate to carry out this title.
(b) ADDITIONAL PURPOSES.—In addition to the pur-
poses of the Refuge Complex under other laws, regulations,
executive orders, and comprehensive conservation plans, the
Refuge Complex shall be managed—
(1) to strengthen and complement existing re-
source management, conservation, and education pro-
grams and activities at the Refuge Complex in a
manner consistent with the primary purposes of the
Refuge Complex—
(A) to provide major resting, feeding, and
wintering habitats for migratory birds and other
wildlife; and
(B) to enhance national resource conserva-
tion and management in the western basin;
(2) in partnership with nongovernmental and
private organizations and private individuals dedi-
cated to habitat enhancement, to conserve, enhance,
and restore the native aquatic and terrestrial commu-
nity characteristics of the western basin (including
associated fish, wildlife, and plant species);
(3) to facilitate partnerships among the United
States Fish and Wildlife Service, Canadian national
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and provincial authorities, State and local govern-
ments, local communities in the United States and
Canada, conservation organizations, and other non-
Federal entities to promote public awareness of the re-
sources of the western basin; and
(4) to advance the collective goals and priorities
that—
(A) were established in the report entitled
‘‘Great Lakes Strategy 2002—A Plan for the
New Millennium’’, developed by the United
States Policy Committee, comprised of Federal
agencies (including the United States Fish and
Wildlife Service, the National Oceanic and At-
mospheric Administration, the United States Ge-
ological Survey, the Forest Service, and the
Great Lakes Fishery Commission) and State
governments and tribal governments in the Great
Lakes basin; and
(B) include the goals of cooperating to pro-
tect and restore the chemical, physical, and bio-
logical integrity of the Great Lakes basin eco-
system.
(c) PRIORITY USES.—In providing opportunities for
compatible fish- and wildlife-dependent recreation, the Sec-
retary, in accordance with paragraphs (3) and (4) of sec-
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HJ 2 EAS
tion 4(a) of the National Wildlife Refuge System Adminis-
tration Act of 1966 (16 U.S.C. 668dd(a)), shall ensure, to
the maximum extent practicable, that hunting, trapping,
fishing, wildlife observation and photography, and environ-
mental education and interpretation are the priority public
uses of the Refuge Complex.
(d) COOPERATIVE AGREEMENTS REGARDING NON-
FEDERAL LAND.—To promote public awareness of the re-
sources of the western basin and encourage public partici-
pation in the conservation of those resources, the Secretary
may enter into cooperative agreements with the State of
Ohio or Michigan, any political subdivision of the State,
or any person for the management, in a manner consistent
with this title, of land that—
(1) is owned by the State, political subdivision,
or person; and
(2) is located within the boundaries of the Refuge
Complex.
(e) USE OF EXISTING GREENWAY AUTHORITY.—The
Secretary shall encourage the State of Ohio to use authority
under the recreational trails program under section 206 of
title 23, United States Code, to provide funding for acquisi-
tion and development of trails within the boundaries of the
Refuge Complex.
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SEC. 506. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as
are necessary—
(1) to acquire land and water within the Refuge
Complex under section 503(c);
(2) to carry out the study under section 503(e);
and
(3) to develop, operate, and maintain the Refuge
Complex.
This division may be cited as the ‘‘Department of the
Interior and Related Agencies Appropriations Act, 2003’’.
DIVISION G—LABOR, HEALTH AND HUMAN SERV-
ICES, AND EDUCATION, AND RELATED AGEN-
CIES APPROPRIATIONS, 2003
Making appropriations for the Departments of Labor,
Health and Human Services, and Education, and re-
lated agencies for the fiscal year ending September
30, 2003, and for other purposes.
That the following sums are appropriated, out of any
money in the Treasury not otherwise appropriated, for the
Departments of Labor, Health and Human Services, and
Education, and related agencies for the fiscal year ending
September 30, 2003, and for other purposes, namely:
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HJ 2 EAS
TITLE I—DEPARTMENT OF LABOR
EMPLOYMENT AND TRAINING ADMINISTRATION
TRAINING AND EMPLOYMENT SERVICES
For necessary expenses of the Workforce Investment
Act, including the purchase and hire of passenger motor
vehicles, the construction, alteration, and repair of build-
ings and other facilities, and the purchase of real property
for training centers as authorized by the Workforce Invest-
ment Act and the Women in Apprenticeship and Nontradi-
tional Occupations Act; and the National Skill Standards
Act of 1994; $2,657,084,000 plus reimbursements, of which
$1,583,069,000 is available for obligation for the period
July 1, 2003 through June 30, 2004; of which
$1,045,465,000 is available for obligation for the period
April 1, 2003 through June 30, 2004, including
$1,000,965,000 to carry out chapter 4 of the Workforce In-
vestment Act and $44,500,000 to carry out section 169 of
such Act; and of which $27,550,000 is available for the pe-
riod July 1, 2003 through June 30, 2006 for necessary ex-
penses of construction, rehabilitation, and acquisition of
Job Corps centers: Provided, That $9,098,000 shall be for
carrying out section 172 of the Workforce Investment Act:
Provided further, That, notwithstanding any other provi-
sion of law or related regulation, $80,770,000 shall be for
carrying out section 167 of the Workforce Investment Act,
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HJ 2 EAS
including $74,965,000 for formula grants, $4,786,000 for
migrant and seasonal housing, and $1,019,000 for other
discretionary purposes: Provided further, That funds pro-
vided to carry out section 171(d) of the Workforce Invest-
ment Act may be used for demonstration projects that pro-
vide assistance to new entrants in the workforce and incum-
bent workers: Provided further, That no funds from any
other appropriation shall be used to provide meal services
at or for Job Corps centers.
For necessary expenses of the Workforce Investment
Act, including the purchase and hire of passenger motor
vehicles, the construction, alteration, and repair of build-
ings and other facilities, and the purchase of real property
for training centers as authorized by the Workforce Invest-
ment Act; $2,463,000,000 plus reimbursements, of which
$2,363,000,000 is available for obligation for the period Oc-
tober 1, 2003 through June 30, 2004, and of which
$100,000,000 is available for the period October 1, 2003
through June 30, 2006, for necessary expenses of construc-
tion, rehabilitation, and acquisition of Job Corps centers.
COMMUNITY SERVICE EMPLOYMENT FOR OLDER AMERICANS
To carry out title V of the Older Americans Act of
1965, as amended, $440,200,000.
FEDERAL UNEMPLOYMENT BENEFITS AND ALLOWANCES
For payments during the current fiscal year of trade
adjustment benefit payments and allowances under part I;
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HJ 2 EAS
and for training, allowances for job search and relocation,
and related State administrative expenses under part II,
subchapters B and D, chapter 2, title II of the Trade Act
of 1974, as amended, $972,200,000, together with such
amounts as may be necessary to be charged to the subse-
quent appropriation for payments for any period subse-
quent to September 15 of the current year.
STATE UNEMPLOYMENT INSURANCE AND EMPLOYMENT
SERVICE OPERATIONS
For authorized administrative expenses, $143,452,000,
together with not to exceed $3,475,451,000 (including not
to exceed $1,228,000 which may be used for amortization
payments to States which had independent retirement plans
in their State employment service agencies prior to 1980),
which may be expended from the Employment Security Ad-
ministration Account in the Unemployment Trust Fund in-
cluding the cost of administering section 51 of the Internal
Revenue Code of 1986, as amended, section 7(d) of the Wag-
ner-Peyser Act, as amended, the Trade Act of 1974, as
amended, the Immigration Act of 1990, and the Immigra-
tion and Nationality Act, as amended, and of which the
sums available in the allocation for activities authorized by
title III of the Social Security Act, as amended (42 U.S.C.
502–504), and the sums available in the allocation for nec-
essary administrative expenses for carrying out 5 U.S.C.
8501–8523, shall be available for obligation by the States
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through December 31, 2003, except that funds used for auto-
mation acquisitions shall be available for obligation by the
States through September 30, 2005; of which $143,452,000,
together with not to exceed $773,283,000 of the amount
which may be expended from said trust fund, shall be avail-
able for obligation for the period July 1, 2003 through June
30, 2004, to fund activities under the Act of June 6, 1933,
as amended, including the cost of penalty mail authorized
under 39 U.S.C. 3202(a)(1)(E) made available to States in
lieu of allotments for such purpose: Provided, That to the
extent that the Average Weekly Insured Unemployment
(AWIU) for fiscal year 2003 is projected by the Department
of Labor to exceed 4,526,000, an additional $28,600,000
shall be available for obligation for every 100,000 increase
in the AWIU level (including a pro rata amount for any
increment less than 100,000) from the Employment Secu-
rity Administration Account of the Unemployment Trust
Fund: Provided further, That funds appropriated in this
Act which are used to establish a national one-stop career
center system, or which are used to support the national
activities of the Federal-State unemployment insurance
programs, may be obligated in contracts, grants or agree-
ments with non-State entities: Provided further, That funds
appropriated under this Act for activities authorized under
the Wagner-Peyser Act, as amended, and title III of the So-
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HJ 2 EAS
cial Security Act, may be used by the States to fund inte-
grated Employment Service and Unemployment Insurance
automation efforts, notwithstanding cost allocation prin-
ciples prescribed under Office of Management and Budget
Circular A–87.
ADVANCES TO THE UNEMPLOYMENT TRUST FUND AND
OTHER FUNDS
For repayable advances to the Unemployment Trust
Fund as authorized by sections 905(d) and 1203 of the So-
cial Security Act, as amended, and to the Black Lung Dis-
ability Trust Fund as authorized by section 9501(c)(1) of
the Internal Revenue Code of 1954, as amended; and for
nonrepayable advances to the Unemployment Trust Fund
as authorized by section 8509 of title 5, United States Code,
and to the ‘‘Federal unemployment benefits and allow-
ances’’ account, to remain available until September 30,
2004, $463,000,000.
In addition, for making repayable advances to the
Black Lung Disability Trust Fund in the current fiscal
year after September 15, 2003, for costs incurred by the
Black Lung Disability Trust Fund in the current fiscal
year, such sums as may be necessary.
PROGRAM ADMINISTRATION
For expenses of administering employment and train-
ing programs, $121,032,000, including $4,711,000 to ad-
minister welfare-to-work grants, together with not to exceed
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HJ 2 EAS
$56,610,000, which may be expended from the Employment
Security Administration Account in the Unemployment
Trust Fund.
PENSION AND WELFARE BENEFITS ADMINISTRATION
SALARIES AND EXPENSES
For necessary expenses for the Pension and Welfare
Benefits Administration, $117,044,000.
PENSION BENEFIT GUARANTY CORPORATION
PENSION BENEFIT GUARANTY CORPORATION FUND
The Pension Benefit Guaranty Corporation is author-
ized to make such expenditures, including financial assist-
ance authorized by section 104 of Public Law 96–364, with-
in limits of funds and borrowing authority available to
such Corporation, and in accord with law, and to make
such contracts and commitments without regard to fiscal
year limitations as provided by section 104 of the Govern-
ment Corporation Control Act, as amended (31 U.S.C.
9104), as may be necessary in carrying out the program
through September 30, 2003, for such Corporation: Pro-
vided, That not to exceed $13,050,000 shall be available for
administrative expenses of the Corporation: Provided fur-
ther, That expenses of such Corporation in connection with
the termination of pension plans, for the acquisition, pro-
tection or management, and investment of trust assets, and
for benefits administration services shall be considered as
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non-administrative expenses for the purposes hereof, and ex-
cluded from the above limitation.
EMPLOYMENT STANDARDS ADMINISTRATION
SALARIES AND EXPENSES
For necessary expenses for the Employment Standards
Administration, including reimbursement to State, Federal,
and local agencies and their employees for inspection serv-
ices rendered, $383,428,000, together with $2,029,000 which
may be expended from the Special Fund in accordance with
sections 39(c), 44(d) and 44(j) of the Longshore and Harbor
Workers’ Compensation Act: Provided, That $2,000,000
shall be for the development of an alternative system for
the electronic submission of reports required to be filed
under the Labor-Management Reporting and Disclosure Act
of 1959, as amended, and for a computer database of the
information for each submission by whatever means, that
is indexed and easily searchable by the public via the Inter-
net: Provided further, That the Secretary of Labor is au-
thorized to accept, retain, and spend, until expended, in
the name of the Department of Labor, all sums of money
ordered to be paid to the Secretary of Labor, in accordance
with the terms of the Consent Judgment in Civil Action
No. 91–0027 of the United States District Court for the Dis-
trict of the Northern Mariana Islands (May 21, 1992): Pro-
vided further, That the Secretary of Labor is authorized to
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establish and, in accordance with 31 U.S.C. 3302, collect
and deposit in the Treasury fees for processing applications
and issuing certificates under sections 11(d) and 14 of the
Fair Labor Standards Act of 1938, as amended (29 U.S.C.
211(d) and 214) and for processing applications and
issuing registrations under title I of the Migrant and Sea-
sonal Agricultural Worker Protection Act (29 U.S.C. 1801
et seq.).
SPECIAL BENEFITS
(INCLUDING TRANSFER OF FUNDS)
For the payment of compensation, benefits, and ex-
penses (except administrative expenses) accruing during the
current or any prior fiscal year authorized by title 5, chap-
ter 81 of the United States Code; continuation of benefits
as provided for under the heading ‘‘Civilian War Benefits’’
in the Federal Security Agency Appropriation Act, 1947;
the Employees’ Compensation Commission Appropriation
Act, 1944; sections 4(c) and 5(f) of the War Claims Act
of 1948 (50 U.S.C. App. 2012); and 50 percent of the addi-
tional compensation and benefits required by section 10(h)
of the Longshore and Harbor Workers’ Compensation Act,
as amended, $163,000,000, together with such amounts as
may be necessary to be charged to the subsequent year ap-
propriation for the payment of compensation and other ben-
efits for any period subsequent to August 15 of the current
year: Provided, That amounts appropriated may be used
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under section 8104 of title 5, United States Code, by the
Secretary of Labor to reimburse an employer, who is not
the employer at the time of injury, for portions of the salary
of a reemployed, disabled beneficiary: Provided further,
That balances of reimbursements unobligated on September
30, 2002, shall remain available until expended for the pay-
ment of compensation, benefits, and expenses: Provided fur-
ther, That in addition there shall be transferred to this ap-
propriation from the Postal Service and from any other cor-
poration or instrumentality required under section 8147(c)
of title 5, United States Code, to pay an amount for its
fair share of the cost of administration, such sums as the
Secretary determines to be the cost of administration for
employees of such fair share entities through September 30,
2003: Provided further, That of those funds transferred to
this account from the fair share entities to pay the cost of
administration of the Federal Employees’ Compensation
Act, $37,657,000 shall be made available to the Secretary
as follows: (1) for the operation of and enhancement to the
automated data processing systems, including document
imaging and conversion to a paperless office, $24,928,000;
(2) for medical bill review and periodic roll management,
$12,027,000; (3) for communications redesign, $702,000;
and (4) the remaining funds shall be paid into the Treasury
as miscellaneous receipts: Provided further, That the Sec-
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retary may require that any person filing a notice of injury
or a claim for benefits under chapter 81 of title 5, United
States Code, or 33 U.S.C. 901 et seq., provide as part of
such notice and claim, such identifying information (in-
cluding Social Security account number) as such regula-
tions may prescribe.
ADMINISTRATIVE EXPENSES, ENERGY EMPLOYEES
OCCUPATIONAL ILLNESS COMPENSATION FUND
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses to administer the Energy Em-
ployees 
Occupational 
Illness 
Compensation 
Act,
$104,867,000, to remain available until expended: Pro-
vided, That the Secretary of Labor is authorized to transfer
to any Executive agency with authority under the Energy
Employees Occupational Illness Compensation Act, includ-
ing within the Department of Labor, such sums as may
be necessary in fiscal year 2003 to carry out those authori-
ties: Provided further, That the Secretary may require that
any person filing a claim for benefits under the Act provide
as part of such claim, such identifying information (includ-
ing Social Security account number) as may be prescribed.
BLACK LUNG DISABILITY TRUST FUND
(INCLUDING TRANSFER OF FUNDS)
Beginning in fiscal year 2003 and thereafter, such
sums as may be necessary from the Black Lung Disability
Trust Fund, to remain available until expended, for pay-
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ment of all benefits authorized by section 9501(d)(1), (2),
(4), and (7) of the Internal Revenue Code of 1954, as
amended; and interest on advances, as authorized by section
9501(c)(2) of that Act. In addition, the following amounts
shall be available from the Fund for fiscal year 2003 for
expenses of operation and administration of the Black Lung
Benefits program, as authorized by section 9501(d)(5):
$31,987,000 for transfer to the Employment Standards Ad-
ministration, ‘‘Salaries and Expenses’’; $22,952,000 for
transfer to Departmental Management, ‘‘Salaries and Ex-
penses’’; $334,000 for transfer to Departmental Manage-
ment, ‘‘Office of Inspector General’’; and $356,000 for pay-
ments into miscellaneous receipts for the expenses of the De-
partment of Treasury.
OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION
SALARIES AND EXPENSES
For necessary expenses for the Occupational Safety
and Health Administration, $462,314,000, including not to
exceed $92,531,000 which shall be the maximum amount
available for grants to States under section 23(g) of the Oc-
cupational Safety and Health Act (the ‘‘Act’’), which grants
shall be no less than 50 percent of the costs of State occupa-
tional safety and health programs required to be incurred
under plans approved by the Secretary under section 18
of the Act, and including $18,000,000 for safety and health
640
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standards, of which notwithstanding any other provision
of law, not less than $2,000,000 is available to provide for
the reissuance of a rule relating to ergonomics by the Sec-
retary of Labor, in accordance with section 6 of the Occupa-
tional Safety and Health Act; and, in addition, notwith-
standing 31 U.S.C. 3302, the Occupational Safety and
Health Administration may retain up to $750,000 per fis-
cal year of training institute course tuition fees, otherwise
authorized by law to be collected, and may utilize such sums
for occupational safety and health training and education
grants: Provided, That, notwithstanding 31 U.S.C. 3302,
the Secretary of Labor is authorized, during the fiscal year
ending September 30, 2003, to collect and retain fees for
services provided to Nationally Recognized Testing Labora-
tories, and may utilize such sums, in accordance with the
provisions of 29 U.S.C. 9a, to administer national and
international laboratory recognition programs that ensure
the safety of equipment and products used by workers in
the workplace: Provided further, That none of the funds ap-
propriated under this paragraph shall be obligated or ex-
pended to prescribe, issue, administer, or enforce any stand-
ard, rule, regulation, or order under the Act which is appli-
cable to any person who is engaged in a farming operation
which does not maintain a temporary labor camp and em-
ploys 10 or fewer employees: Provided further, That no
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funds appropriated under this paragraph shall be obligated
or expended to administer or enforce any standard, rule,
regulation, or order under the Act with respect to any em-
ployer of 10 or fewer employees who is included within a
category having an occupational injury lost workday case
rate, at the most precise Standard Industrial Classification
Code for which such data are published, less than the na-
tional average rate as such rates are most recently published
by the Secretary, acting through the Bureau of Labor Sta-
tistics, in accordance with section 24 of that Act (29 U.S.C.
673), except—
(1) to provide, as authorized by such Act, con-
sultation, technical assistance, educational and train-
ing services, and to conduct surveys and studies;
(2) to conduct an inspection or investigation in
response to an employee complaint, to issue a citation
for violations found during such inspection, and to
assess a penalty for violations which are not corrected
within a reasonable abatement period and for any
willful violations found;
(3) to take any action authorized by such Act
with respect to imminent dangers;
(4) to take any action authorized by such Act
with respect to health hazards;
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HJ 2 EAS
(5) to take any action authorized by such Act
with respect to a report of an employment accident
which is fatal to one or more employees or which re-
sults in hospitalization of two or more employees, and
to take any action pursuant to such investigation au-
thorized by such Act; and
(6) to take any action authorized by such Act
with respect to complaints of discrimination against
employees for exercising rights under such Act:
Provided further, That the foregoing proviso shall not apply
to any person who is engaged in a farming operation which
does not maintain a temporary labor camp and employs
10 or fewer employees: Provided further, That not less than
$3,200,000 shall be used to extend funding for the Institu-
tional Competency Building training grants which com-
menced in September 2000, for program activities for the
period of September 30, 2003 to September 30, 2004, pro-
vided that a grantee has demonstrated satisfactory perform-
ance.
MINE SAFETY AND HEALTH ADMINISTRATION
SALARIES AND EXPENSES
For necessary expenses for the Mine Safety and Health
Administration, $271,841,000, including purchase and be-
stowal of certificates and trophies in connection with mine
rescue and first-aid work, and the hire of passenger motor
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vehicles; including up to $2,000,000 for mine rescue and
recovery activities; and including $10,000,000 for digitizing
mine maps and developing technologies to detect mine
voids, through contracts, grants, or other arrangements, to
remain available until expended; in addition, not to exceed
$750,000 may be collected by the National Mine Health and
Safety Academy for room, board, tuition, and the sale of
training materials, otherwise authorized by law to be col-
lected, to be available for mine safety and health education
and training activities, notwithstanding 31 U.S.C. 3302;
and, in addition, the Mine Safety and Health Administra-
tion may retain up to $1,000,000 from fees collected for the
approval and certification of equipment, materials, and ex-
plosives for use in mines, and may utilize such sums for
such activities; the Secretary is authorized to accept lands,
buildings, equipment, and other contributions from public
and private sources and to prosecute projects in cooperation
with other agencies, Federal, State, or private; the Mine
Safety and Health Administration is authorized to promote
health and safety education and training in the mining
community through cooperative programs with States, in-
dustry, and safety associations; and any funds available to
the department may be used, with the approval of the Sec-
retary, to provide for the costs of mine rescue and survival
operations in the event of a major disaster.
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BUREAU OF LABOR STATISTICS
SALARIES AND EXPENSES
For necessary expenses for the Bureau of Labor Statis-
tics, including advances or reimbursements to State, Fed-
eral, and local agencies and their employees for services ren-
dered, 
$415,855,000, 
together 
with 
not 
to 
exceed
$72,029,000, which may be expended from the Employment
Security Administration Account in the Unemployment
Trust Fund; and $2,570,000 which shall be available for
obligation for the period July 1, 2003 through September
30, 2003, for Occupational Employment Statistics, and
$6,600,000 to be used to fund the mass layoff statistics pro-
gram under section 15 of the Wagner-Peyser Act (29 U.S.C.
49l–2).
OFFICE OF DISABILITY EMPLOYMENT POLICY
SALARIES AND EXPENSES
For necessary expenses for the Office of Disability Em-
ployment Policy to provide leadership, develop policy and
initiatives, and award grants furthering the objective of
eliminating barriers to the training and employment of
people with disabilities, $47,015,000.
DEPARTMENTAL MANAGEMENT
SALARIES AND EXPENSES
For necessary expenses for Departmental Management,
including the hire of three sedans, and including the man-
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agement or operation, through contracts, grants or other ar-
rangements of Departmental activities conducted by or
through the Bureau of International Labor Affairs, includ-
ing bilateral and multilateral technical assistance and other
international labor activities, of which the funds designated
to carry out bilateral assistance under the international
child labor initiative shall be available for obligation
through September 30, 2004, and not less than $3,000,000
shall be for an Office of Pension Participant Advocacy, and
$55,000,000, for the acquisition of Departmental informa-
tion technology, architecture, infrastructure, equipment,
software and related needs which will be allocated by the
Department’s Chief Information Officer in accordance with
the Department’s capital investment management process
to assure a sound investment strategy; $396,313,000; to-
gether with not to exceed $310,000, which may be expended
from the Employment Security Administration Account in
the Unemployment Trust Fund: Provided, That no funds
made available by this Act may be used by the Solicitor
of Labor to participate in a review in any United States
court of appeals of any decision made by the Benefits Re-
view Board under section 21 of the Longshore and Harbor
Workers’ Compensation Act (33 U.S.C. 921) where such
participation is precluded by the decision of the United
States Supreme Court in Director, Office of Workers’ Com-
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pensation Programs v. Newport News Shipbuilding, 115 S.
Ct. 1278 (1995), notwithstanding any provisions to the con-
trary contained in Rule 15 of the Federal Rules of Appellate
Procedure: Provided further, That no funds made available
by this Act may be used by the Secretary of Labor to review
a decision under the Longshore and Harbor Workers’ Com-
pensation Act (33 U.S.C. 901 et seq.) that has been appealed
and that has been pending before the Benefits Review Board
for more than 12 months: Provided further, That any such
decision pending a review by the Benefits Review Board
for more than 1 year shall be considered affirmed by the
Benefits Review Board on the 1-year anniversary of the fil-
ing of the appeal, and shall be considered the final order
of the Board for purposes of obtaining a review in the
United States courts of appeals: Provided further, That
these provisions shall not be applicable to the review or ap-
peal of any decision issued under the Black Lung Benefits
Act (30 U.S.C. 901 et seq.).
VETERANS EMPLOYMENT AND TRAINING
Not to exceed $191,537,000 may be derived from the
Employment Security Administration Account in the Un-
employment Trust Fund to carry out the provisions of 38
U.S.C. 4100–4110A, 4212, 4214, and 4321–4327, and Pub-
lic Law 103–353, and which shall be available for obliga-
tion by the States through December 31, 2003. To carry
out the Stewart B. McKinney Homeless Assistance Act and
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section 168 of the Workforce Investment Act of 1998,
$26,550,000, of which $7,550,000 shall be available for obli-
gation for the period July 1, 2003 through June 30, 2004.
OFFICE OF INSPECTOR GENERAL
For salaries and expenses of the Office of Inspector
General in carrying out the provisions of the Inspector Gen-
eral Act of 1978, as amended, $56,659,000, together with
not to exceed $5,597,000, which may be expended from the
Employment Security Administration Account in the Un-
employment Trust Fund.
GENERAL PROVISIONS
SEC. 101. None of the funds appropriated in this title
for the Job Corps shall be used to pay the compensation
of an individual, either as direct costs or any proration
as an indirect cost, at a rate in excess of Executive Level
II.
(TRANSFER OF FUNDS)
SEC. 102. Not to exceed 1 percent of any discretionary
funds (pursuant to the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended) which are appro-
priated for the current fiscal year for the Department of
Labor in this Act may be transferred between appropria-
tions, but no such appropriation shall be increased by more
than 3 percent by any such transfer: Provided, That the
Appropriations Committees of both Houses of Congress are
notified at least 15 days in advance of any transfer.
648
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SEC. 103. In accordance with Executive Order No.
13126, none of the funds appropriated or otherwise made
available pursuant to this Act shall be obligated or expended
for the procurement of goods mined, produced, manufac-
tured, or harvested or services rendered, whole or in part,
by forced or indentured child labor in industries and host
countries already identified by the U.S. Department of
Labor prior to enactment of this Act.
SEC. 104. There is authorized to be appropriated such
sums as may be necessary to the Denali Commission
through the Department of Labor to conduct job training
of the local workforce where Denali Commission projects
will be constructed.
SEC. 105. (a) Section 218(d)(6)(C) of the Social Secu-
rity Act (42 U.S.C. 418(d)(6)(C)) is amended by inserting
‘‘Kentucky,’’ after ‘‘Illinois,’’.
(b) The amendment made by subsection (a) takes effect
on January 1, 2003.
This title may be cited as the ‘‘Department of Labor
Appropriations Act, 2003’’.
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TITLE II—DEPARTMENT OF HEALTH AND
HUMAN SERVICES
HEALTH RESOURCES AND SERVICES ADMINISTRATION
HEALTH RESOURCES AND SERVICES
For carrying out titles II, III, IV, VII, VIII, X, XII,
XIX, and XXVI of the Public Health Service Act, section
427(a) of the Federal Coal Mine Health and Safety Act,
title V (including section 510), and sections 1128E and
1820 of the Social Security Act, the Health Care Quality
Improvement Act of 1986, as amended, the Native Hawai-
ian Health Care Act of 1988, as amended, the Cardiac Ar-
rest Survival Act of 2000, and the Poison Control Center
Enhancement and Awareness Act, $6,115,654,000, of which
$45,000,000 from general revenues, notwithstanding section
1820(j) of the Social Security Act, shall be available for
carrying out the Medicare rural hospital flexibility grants
program under section 1820 of such Act: Provided, That
of the funds made available under this heading, $250,000
shall be available until expended for facilities renovations
at the Gillis W. Long Hansen’s Disease Center: Provided
further, That in addition to fees authorized by section
427(b) of the Health Care Quality Improvement Act of
1986, fees shall be collected for the full disclosure of informa-
tion under the Act sufficient to recover the full costs of oper-
ating the National Practitioner Data Bank, and shall re-
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HJ 2 EAS
main available until expended to carry out that Act: Pro-
vided further, That fees collected for the full disclosure of
information under the ‘‘Health Care Fraud and Abuse Data
Collection Program’’, authorized by section 1128E(d)(2) of
the Social Security Act, shall be sufficient to recover the
full costs of operating the program, and shall remain avail-
able until expended to carry out that Act: Provided further,
That no more than $50,000,000 is available for carrying
out the provisions of Public Law 104–73: Provided further,
That of the funds made available under this heading,
$285,000,000 shall be for the program under title X of the
Public Health Service Act to provide for voluntary family
planning projects: Provided further, That amounts provided
to said projects under such title shall not be expended for
abortions, that all pregnancy counseling shall be nondirec-
tive, and that such amounts shall not be expended for any
activity (including the publication or distribution of lit-
erature) that in any way tends to promote public support
or opposition to any legislative proposal or candidate for
public office: Provided further, That $739,000,000 shall be
for State AIDS Drug Assistance Programs authorized by
section 2616 of the Public Health Service Act: Provided fur-
ther, That in addition to amounts provided herein,
$25,000,000 shall be available from amounts available
under section 241 of the Public Health Service Act to carry
651
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out Parts A, B, C, and D of Title XXVI of the Public Health
Service Act to fund section 2691 Special Projects of Na-
tional Significance: Provided further, That $40,000,000 is
available for special projects of regional and national sig-
nificance under section 501(a)(2) of the Social Security Act,
which shall not be counted toward compliance with the allo-
cation required in section 502(a)(1) of such Act, and which
shall be used only for making competitive grants to provide
abstinence education (as defined in section 510(b)(2) of such
Act) to adolescents and for evaluations (including longitu-
dinal evaluations) of activities under the grants and for
Federal costs of administering the grants: Provided further,
That grants under the immediately preceding proviso shall
be made only to public and private entities which agree
that, with respect to an adolescent to whom the entities pro-
vide abstinence education under such grant, the entities will
not provide to that adolescent any other education regard-
ing sexual conduct, except that, in the case of an entity ex-
pressly required by law to provide health information or
services the adolescent shall not be precluded from seeking
health information or services from the entity in a different
setting than the setting in which the abstinence education
was provided: Provided further, That the funds expended
for such evaluations may not exceed 3.5 percent of such
amount: Provided further, That $120,027,000 shall be ap-
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HJ 2 EAS
propriated to carry out the community access program to
increase the capacity and effectiveness of community health
care institutions and providers who serve patients regard-
less of their ability to pay.
HEALTH EDUCATION ASSISTANCE LOANS PROGRAM
ACCOUNT
Such sums as may be necessary to carry out the pur-
pose of the program, as authorized by title VII of the Public
Health Service Act, as amended. For administrative ex-
penses to carry out the guaranteed loan program, including
section 709 of the Public Health Service Act, $3,914,000.
VACCINE INJURY COMPENSATION PROGRAM TRUST FUND
For payments from the Vaccine Injury Compensation
Program Trust Fund, such sums as may be necessary for
claims associated with vaccine-related injury or death with
respect to vaccines administered after September 30, 1988,
pursuant to subtitle 2 of title XXI of the Public Health
Service Act, to remain available until expended: Provided,
That for necessary administrative expenses, not to exceed
$2,991,000 shall be available from the Trust Fund to the
Secretary of Health and Human Services.
CENTERS FOR DISEASE CONTROL AND PREVENTION
DISEASE CONTROL, RESEARCH, AND TRAINING
To carry out titles II, III, VII, XI, XV, XVII, XIX,
XXI, and XXVI of the Public Health Service Act, sections
101, 102, 103, 201, 202, 203, 301, and 501 of the Federal
653
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Mine Safety and Health Act of 1977, sections 20, 21, and
22 of the Occupational Safety and Health Act of 1970, title
IV of the Immigration and Nationality Act, and section 501
of the Refugee Education Assistance Act of 1980; including
insurance of official motor vehicles in foreign countries; and
hire, 
maintenance, 
and 
operation 
of 
aircraft,
$4,317,749,000, of which $270,000,000 shall remain avail-
able until expended for equipment, and construction and
renovation of facilities, and of which $183,763,000 for
international HIV/AIDS shall remain available until Sep-
tember 30, 2004, and in addition, such sums as may be
derived from authorized user fees, which shall be credited
to this account: Provided, That in addition to amounts pro-
vided herein, $14,000,000 shall be available from amounts
available under section 241 of the Public Health Service
Act to carry out the National Immunization Surveys: Pro-
vided further, That in addition to amounts provided herein,
$28,600,000 shall be available from amounts available
under section 241 of the Public Health Service Act to carry
out information systems standards development and archi-
tecture and applications-based research used at local public
health levels: Provided further, That in addition to amounts
provided herein, $41,900,000 shall be available from
amounts available under section 241 of the Public Health
Service Act to carry out Research Tools and Approaches
654
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activities within the National Occupational Research Agen-
da: Provided further, That of the amounts provided herein
for international HIV/AIDS, $40,000,000 shall be for the
International Mother and Child HIV Prevention Initiative:
Provided further, That employees of the Centers for Disease
Control and Prevention or the Public Health Service, both
civilian and Commissioned Officers, detailed to States, mu-
nicipalities or other organizations under authority of Sec-
tion 214 of the Public Health Service Act for purposes re-
lated to homeland security, shall be treated as non-Federal
employees for reporting purposes only and shall not be in-
cluded within any personnel ceiling applicable to the Agen-
cy, Service, or the Department of Health and Human Serv-
ices during the period of detail or assignment: Provided fur-
ther, That none of the funds made available for injury pre-
vention and control at the Centers for Disease Control and
Prevention may be used to advocate or promote gun control:
Provided further, That the Director may redirect the total
amount made available under authority of Public Law
101–502, section 3, dated November 3, 1990, to activities
the Director may so designate: Provided further, That the
Congress is to be notified promptly of any such transfer:
Provided further, That not to exceed $15,000,000 may be
available for making grants under section 1509 of the Pub-
lic Health Service Act to not more than 15 States: Provided
655
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further, That without regard to existing statute, funds ap-
propriated may be used to proceed, at CDC’s discretion,
with property acquisition, including a long-term ground
lease for construction on non-federal land, to support the
construction of a replacement laboratory in the Fort Col-
lins, Colorado area: Provided further, That notwithstanding
any other provision of law, a single contract or related con-
tracts for development and construction of facilities may
be employed which collectively include the full scope of the
project: Provided further, That the solicitation and contract
shall contain the clause ‘‘availability of funds’’ found at
48 CFR 52.232–18.
NATIONAL INSTITUTES OF HEALTH
NATIONAL CANCER INSTITUTE
For carrying out section 301 and title IV of the Public
Health Service Act with respect to cancer, $4,642,394,000.
NATIONAL HEART, LUNG, AND BLOOD INSTITUTE
For carrying out section 301 and title IV of the Public
Health Service Act with respect to cardiovascular, lung,
and blood diseases, and blood and blood products,
$2,820,011,000.
NATIONAL INSTITUTE OF DENTAL AND CRANIOFACIAL
RESEARCH
For carrying out section 301 and title IV of the Public
Health Service Act with respect to dental disease,
$374,067,000.
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NATIONAL INSTITUTE OF DIABETES AND DIGESTIVE AND
KIDNEY DISEASES
For carrying out section 301 and title IV of the Public
Health Service Act with respect to diabetes and digestive
and kidney disease, $1,637,347,000.
NATIONAL INSTITUTE OF NEUROLOGICAL DISORDERS AND
STROKE
For carrying out section 301 and title IV of the Public
Health Service Act with respect to neurological disorders
and stroke, $1,466,005,000.
NATIONAL INSTITUTE OF ALLERGY AND INFECTIOUS
DISEASES
(INCLUDING TRANSFER OF FUNDS)
For carrying out section 301 and title IV of the Public
Health Service Act with respect to allergy and infectious
diseases, $3,727,473,000: Provided, That $100,000,000 may
be made available to International Assistance Programs,
‘‘Global Fund to Fight HIV/AIDS, Malaria, and Tuber-
culosis’’, to remain available until expended: Provided fur-
ther, That up to $150,000,000 shall be for extramural facili-
ties construction grants to enhance the Nation’s capability
to do research on biological and other agents.
NATIONAL INSTITUTE OF GENERAL MEDICAL SCIENCES
For carrying out section 301 and title IV of the Public
Health Service Act with respect to general medical sciences,
$1,853,584,000.
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NATIONAL INSTITUTE OF CHILD HEALTH AND HUMAN
DEVELOPMENT
For carrying out section 301 and title IV of the Public
Health Service Act with respect to child health and human
development, $1,213,817,000.
NATIONAL EYE INSTITUTE
For carrying out section 301 and title IV of the Public
Health Service Act with respect to eye diseases and visual
disorders, $634,290,000.
NATIONAL INSTITUTE OF ENVIRONMENTAL HEALTH
SCIENCES
For carrying out sections 301 and 311 and title IV
of the Public Health Service Act with respect to environ-
mental health sciences, $617,258,000.
NATIONAL INSTITUTE ON AGING
For carrying out section 301 and title IV of the Public
Health Service Act with respect to aging, $1,000,099,000.
NATIONAL INSTITUTE OF ARTHRITIS AND
MUSCULOSKELETAL AND SKIN DISEASES
For carrying out section 301 and title IV of the Public
Health Service Act with respect to arthritis and musculo-
skeletal and skin diseases, $489,324,000.
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NATIONAL INSTITUTE ON DEAFNESS AND OTHER
COMMUNICATION DISORDERS
For carrying out section 301 and title IV of the Public
Health Service Act with respect to deafness and other com-
munication disorders, $372,805,000.
NATIONAL INSTITUTE OF NURSING RESEARCH
For carrying out section 301 and title IV of the Public
Health Service Act with respect to nursing research,
$131,438,000.
NATIONAL INSTITUTE ON ALCOHOL ABUSE AND
ALCOHOLISM
For carrying out section 301 and title IV of the Public
Health Service Act with respect to alcohol abuse and alco-
holism, $418,773,000.
NATIONAL INSTITUTE ON DRUG ABUSE
For carrying out section 301 and title IV of the Public
Health 
Service 
Act 
with 
respect 
to 
drug 
abuse,
$968,013,000.
NATIONAL INSTITUTE OF MENTAL HEALTH
For carrying out section 301 and title IV of the Public
Health Service Act with respect to mental health,
$1,350,788,000.
NATIONAL HUMAN GENOME RESEARCH INSTITUTE
For carrying out section 301 and title IV of the Public
Health Service Act with respect to human genome research,
$468,037,000.
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NATIONAL INSTITUTE OF BIOMEDICAL IMAGING AND
BIOENGINEERING
For carrying out section 301 and title IV of the Public
Health Service Act with respect to biomedical imaging and
bioengineering research, $283,100,000.
NATIONAL CENTER FOR RESEARCH RESOURCES
For carrying out section 301 and title IV of the Public
Health Service Act with respect to research resources and
general research support grants, $1,161,272,000: Provided,
That none of these funds shall be used to pay recipients
of the general research support grants program any amount
for indirect expenses in connection with such grants: Pro-
vided further, That $125,000,000 shall be for extramural
facilities construction grants.
NATIONAL CENTER FOR COMPLEMENTARY AND
ALTERNATIVE MEDICINE
For carrying out section 301 and title IV of the Public
Health Service Act with respect to complementary and al-
ternative medicine, $114,149,000.
NATIONAL CENTER ON MINORITY HEALTH AND HEALTH
DISPARITIES
For carrying out section 301 and title IV of the Public
Health Service Act with respect to minority health and
health disparities research, $186,929,000.
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JOHN E. FOGARTY INTERNATIONAL CENTER
For carrying out the activities at the John E. Fogarty
International Center, $60,880,000.
NATIONAL LIBRARY OF MEDICINE
For carrying out section 301 and title IV of the Public
Health Service Act with respect to health information com-
munications, $302,099,000, of which $4,000,000 shall be
available until expended for improvement of information
systems: Provided, That in fiscal year 2003, the Library
may enter into personal services contracts for the provision
of services in facilities owned, operated, or constructed
under the jurisdiction of the National Institutes of Health:
Provided further, That in addition to amounts provided
herein, $8,200,000 shall be available from amounts avail-
able under section 241 of the Public Health Service Act to
carry out National Information Center on Health Services
Research and Health Care Technology and related health
services.
OFFICE OF THE DIRECTOR
(INCLUDING TRANSFER OF FUNDS)
For carrying out the responsibilities of the Office of
the Director, National Institutes of Health, $257,974,000:
Provided, That funding shall be available for the purchase
of not to exceed 29 passenger motor vehicles for replacement
only: Provided further, That the Director may direct up to
1 percent of the total amount made available in this or any
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other Act to all National Institutes of Health appropria-
tions to activities the Director may so designate: Provided
further, That no such appropriation shall be decreased by
more than 1 percent by any such transfers and that the
Congress is promptly notified of the transfer: Provided fur-
ther, That the National Institutes of Health is authorized
to collect third party payments for the cost of clinical serv-
ices that are incurred in National Institutes of Health re-
search facilities and that such payments shall be credited
to the National Institutes of Health Management Fund:
Provided further, That all funds credited to the National
Institutes of Health Management Fund shall remain avail-
able for 1 fiscal year after the fiscal year in which they
are deposited: Provided further, That up to $500,000 shall
be available to carry out section 499 of the Public Health
Service Act.
BUILDINGS AND FACILITIES
(INCLUDING TRANSFER OF FUNDS)
For the study of, construction of, renovation of, and
acquisition of equipment for, facilities of or used by the Na-
tional Institutes of Health, including the acquisition of real
property, $607,800,000, to remain available until expended:
Provided, That notwithstanding any other provision of law,
single contracts or related contracts, which collectively in-
clude the full scope of the project, may be employed for the
development and construction of the first and second phases
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of the John Edward Porter Neuroscience Research Center:
Provided further, That the solicitations and contracts shall
contain the clause ‘‘availability of funds’’ found at 48 CFR
52.232–18.
SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES
ADMINISTRATION
SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES
For carrying out titles V and XIX of the Public Health
Service Act with respect to substance abuse and mental
health services, the Protection and Advocacy for Mentally
Ill Individuals Act of 1986, and section 301 of the Public
Health Service Act with respect to program management,
$3,129,717,000: Provided, That, $955,000, to remain avail-
able until expended, shall be for protection, maintenance,
and environmental remediation of the Federally owned fa-
cilities at St. Elizabeths Hospital: Provided further, That
in addition to amounts provided herein, $62,200,000 shall
be available from amounts available under section 241 of
the Public Health Service Act to carry out Subpart II of
Title XIX of the Public Health Service Act to fund section
1935(b) national data, data collection and evaluation ac-
tivities, and further that the total available under this Act
for section 1935(b) activities shall not exceed 5 percent of
the amounts appropriated for Subpart II of Title XIX: Pro-
vided further, That in addition to amounts provided herein,
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$12,000,000 shall be made available from amounts avail-
able under section 241 of the Public Health Service Act to
carry out data collection activities supporting the annual
National Household Survey.
AGENCY FOR HEALTHCARE RESEARCH AND QUALITY
HEALTHCARE RESEARCH AND QUALITY
For carrying out titles III and IX of the Public Health
Service Act, and part A of title XI of the Social Security
Act, $308,645,000; in addition, amounts received from
Freedom of Information Act fees, reimbursable and inter-
agency agreements, and the sale of data shall be credited
to this appropriation and shall remain available until ex-
pended.
CENTERS FOR MEDICARE AND MEDICAID SERVICES
GRANTS TO STATES FOR MEDICAID
For carrying out, except as otherwise provided, titles
XI and XIX of the Social Security Act, $112,090,218,000,
to remain available until expended.
For making, after May 31, 2003, payments to States
under title XIX of the Social Security Act for the last quar-
ter of fiscal year 2003 for unanticipated costs, incurred for
the current fiscal year, such sums as may be necessary.
For making payments to States or in the case of sec-
tion 1928 on behalf of States under title XIX of the Social
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Security Act for the first quarter of fiscal year 2004,
$51,861,386,000, to remain available until expended.
Payment under title XIX may be made for any quarter
with respect to a State plan or plan amendment in effect
during such quarter, if submitted in or prior to such quar-
ter and approved in that or any subsequent quarter.
PAYMENTS TO HEALTH CARE TRUST FUNDS
For payment to the Federal Hospital Insurance and
the Federal Supplementary Medical Insurance Trust
Funds, as provided under section 1844 of the Social Secu-
rity Act, sections 103(c) and 111(d) of the Social Security
Amendments of 1965, section 278(d) of Public Law 97–248,
and for administrative expenses incurred pursuant to sec-
tion 201(g) of the Social Security Act, $81,462,700,000.
PROGRAM MANAGEMENT
For carrying out, except as otherwise provided, titles
XI, XVIII, XIX, and XXI of the Social Security Act, titles
XIII and XXVII of the Public Health Service Act, and the
Clinical Laboratory Improvement Amendments of 1988, not
to exceed $2,559,664,000, to be transferred from the Federal
Hospital Insurance and the Federal Supplementary Med-
ical Insurance Trust Funds, as authorized by section 201(g)
of the Social Security Act; together with all funds collected
in accordance with section 353 of the Public Health Service
Act and section 1857(e)(2) of the Social Security Act, and
such sums as may be collected from authorized user fees and
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the sale of data, which shall remain available until ex-
pended, and together with administrative fees collected rel-
ative to Medicare overpayment recovery activities, which
shall remain available until expended: Provided, That all
funds derived in accordance with 31 U.S.C. 9701 from or-
ganizations established under title XIII of the Public Health
Service Act shall be credited to and available for carrying
out the purposes of this appropriation: Provided further,
That from amounts appropriated under this heading,
$3,000,000 for the managed care system redesign shall re-
main available until expended: Provided further, That
$51,000,000, to remain available until September 30, 2004,
is for contract costs for the Healthcare Integrated General
Ledger Accounting System: Provided further, That to the
extent Medicare claims volume is projected by the Centers
for Medicare and Medicaid Services (CMS) to exceed
223,500,000 Part A claims and/or 870,000,000 Part B
claims, an additional $46,800,000 shall be available for ob-
ligation for every 50,000,000 increase in Medicare claims
volume (including a pro rata amount for any increment
less than 50,000,000) from the Federal Hospital Insurance
and the Federal Supplementary Medical Insurance Trust
Fund: Provided further, That the Secretary of Health and
Human Services is directed to collect fees in fiscal year
2003 from Medicare∂Choice organizations pursuant to sec-
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tion 1857(e)(2) of the Social Security Act and from eligible
organizations with risk-sharing contracts under section
1876 of that Act pursuant to section 1876(k)(4)(D) of that
Act.
HEALTH MAINTENANCE ORGANIZATION LOAN AND LOAN
GUARANTEE FUND
For carrying out subsections (d) and (e) of section
1308 of the Public Health Service Act, any amounts re-
ceived by the Secretary in connection with loans and loan
guarantees under title XIII of the Public Health Service
Act, to be available without fiscal year limitation for the
payment of outstanding obligations. During fiscal year
2003, no commitments for direct loans or loan guarantees
shall be made.
ADMINISTRATION FOR CHILDREN AND FAMILIES
PAYMENTS TO STATES FOR CHILD SUPPORT ENFORCEMENT
AND FAMILY SUPPORT PROGRAMS
For making payments to States or other non-Federal
entities under titles I, IV–D, X, XI, XIV, and XVI of the
Social Security Act and the Act of July 5, 1960 (24 U.S.C.
ch. 9), $2,475,800,000, to remain available until expended;
and for such purposes for the first quarter of fiscal year
2004, $1,100,000,000, to remain available until expended.
For making payments to each State for carrying out
the program of Aid to Families with Dependent Children
under title IV–A of the Social Security Act before the effec-
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tive date of the program of Temporary Assistance for Needy
Families (TANF) with respect to such State, such sums as
may be necessary: Provided, That the sum of the amounts
available to a State with respect to expenditures under such
title IV–A in fiscal year 1997 under this appropriation and
under such title IV–A as amended by the Personal Respon-
sibility and Work Opportunity Reconciliation Act of 1996
shall not exceed the limitations under section 116(b) of such
Act.
For making, after May 31 of the current fiscal year,
payments to States or other non-Federal entities under ti-
tles I, IV–D, X, XI, XIV, and XVI of the Social Security
Act and the Act of July 5, 1960 (24 U.S.C. ch. 9), for the
last 3 months of the current fiscal year for unanticipated
costs, incurred for the current fiscal year, such sums as may
be necessary.
LOW INCOME HOME ENERGY ASSISTANCE
For making payments under title XXVI of the Omni-
bus Budget Reconciliation Act of 1981, $1,700,000,000.
REFUGEE AND ENTRANT ASSISTANCE
For making payments for refugee and entrant assist-
ance activities authorized by title IV of the Immigration
and Nationality Act and section 501 of the Refugee Edu-
cation Assistance Act of 1980 (Public Law 96–422),
$432,724,000: Provided, That funds appropriated pursuant
to section 414(a) of the Immigration and Nationality Act
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for fiscal year 2003 shall be available for the costs of assist-
ance provided and other activities through September 30,
2005: Provided further, That up to $10,000,000 is available
to carry out the Trafficking Victims Protection Act of 2000.
For carrying out section 5 of the Torture Victims Re-
lief Act of 1998 (Public Law 105–320), $10,000,000.
PAYMENTS TO STATES FOR THE CHILD CARE AND
DEVELOPMENT BLOCK GRANT
For carrying out sections 658A through 658R of the
Omnibus Budget Reconciliation Act of 1981 (The Child
Care and Development Block Grant Act of 1990),
$2,099,994,000 shall be used to supplement, not supplant
state general revenue funds for child care assistance for low-
income families: Provided, That $19,120,000 shall be avail-
able for child care resource and referral and school-aged
child care activities, of which $1,000,000 shall be for the
Child Care Aware toll free hotline: Provided further, That,
in addition to the amounts required to be reserved by the
States under section 658G, $272,672,000 shall be reserved
by the States for activities authorized under section 658G,
of which $100,000,000 shall be for activities that improve
the quality of infant and toddler care: Provided further,
That $10,000,000 shall be for use by the Secretary for child
care research, demonstration, and evaluation activities.
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SOCIAL SERVICES BLOCK GRANT
For making grants to States pursuant to section 2002
of the Social Security Act, $1,700,000,000: Provided, That
notwithstanding subparagraph (B) of section 404(d)(2) of
such Act, the applicable percent specified under such sub-
paragraph for a State to carry out State programs pursu-
ant to title XX of such Act shall be 10 percent.
CHILDREN AND FAMILIES SERVICES PROGRAMS
For carrying out, except as otherwise provided, the
Runaway and Homeless Youth Act, the Developmental Dis-
abilities Assistance and Bill of Rights Act, the Head Start
Act, the Child Abuse Prevention and Treatment Act, sec-
tions 310 and 316 of the Family Violence Prevention and
Services Act, as amended, the Native American Programs
Act of 1974, title II of Public Law 95–266 (adoption oppor-
tunities), the Adoption and Safe Families Act of 1997 (Pub-
lic Law 105–89), sections 1201 and 1211 of the Children’s
Health Act of 2000, the Abandoned Infants Assistance Act
of 1988, the Early Learning Opportunities Act, part B(1)
of title IV and sections 413, 429A, 1110, and 1115 of the
Social Security Act, and sections 40155, 40211, and 40241
of Public Law 103–322; for making payments under the
Community Services Block Grant Act, sections 439(h),
473A and 477(h)(2) of the Social Security Act, and title
IV of Public Law 105–285, and for necessary administra-
tive expenses to carry out said Acts and titles I, IV, X, XI,
670
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XIV, XVI, and XX of the Social Security Act, the Act of
July 5, 1960 (24 U.S.C. ch. 9), the Omnibus Budget Rec-
onciliation Act of 1981, title IV of the Immigration and
Nationality Act, section 501 of the Refugee Education As-
sistance Act of 1980, section 5 of the Torture Victims Relief
Act of 1998 (Public Law 105–320), sections 40155, 40211,
and 40241 of Public Law 103–322, and section 126 and
titles IV and V of Public Law 100–485, $8,648,884,000, of
which $43,000,000, to remain available until September 30,
2004, shall be for grants to States for adoption incentive
payments, as authorized by section 473A of title IV of the
Social Security Act (42 U.S.C. 670–679) and may be made
for adoptions completed in fiscal years 2001 and 2002; of
which $6,667,533,000 shall be for making payments under
the Head Start Act, of which $1,400,000,000 shall become
available October 1, 2003 and remain available through
September 30, 2004; and of which $740,477,000 shall be for
making payments under the Community Services Block
Grant Act: Provided, That not less than $7,500,000 shall
be for section 680(3)(B) of the Community Services Block
Grant Act, as amended: Provided further, That in addition
to amounts provided herein, $6,000,000 shall be available
from amounts available under section 241 of the Public
Health Service Act to carry out the provisions of Section
1110 of the Social Security Act: Provided further, That to
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the extent Community Services Block Grant funds are dis-
tributed as grant funds by a State to an eligible entity as
provided under the Act, and have not been expended by such
entity, they shall remain with such entity for carryover into
the next fiscal year for expenditure by such entity consistent
with program purposes: Provided further, That the Sec-
retary shall establish procedures regarding the disposition
of intangible property which permits grant funds, or intan-
gible assets acquired with funds authorized under section
680 of the Community Services Block Grant Act, as amend-
ed, to become the sole property of such grantees after a pe-
riod of not more than 12 years after the end of the grant
for purposes and uses consistent with the original grant:
Provided further, That funds appropriated for section
680(a)(2) of the Community Services Block Grant Act, as
amended, shall be available for financing construction and
rehabilitation and loans or investments in private business
enterprises owned by community development corporations:
Provided further, That $93,000,000 shall be for activities
authorized by the Runaway and Homeless Youth Act, not-
withstanding the allocation requirements of section 388(a)
of such Act, of which $41,800,000 is for the transitional
living program: Provided further, That $45,000,000 is for
a compassion capital fund to provide grants to charitable
organizations to emulate model social service programs and
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to encourage research on the best practices of social service
organizations.
PROMOTING SAFE AND STABLE FAMILIES
For carrying out section 436 of the Social Security
Act, $305,000,000 and for section 437, $200,000,000.
PAYMENTS TO STATES FOR FOSTER CARE AND ADOPTION
ASSISTANCE
For making payments to States or other non-Federal
entities under title IV–E of the Social Security Act,
$4,855,000,000.
For making payments to States or other non-Federal
entities under title IV–E of the Act, for the first quarter
of fiscal year 2004, $1,745,600,000.
For making, after May 31 of the current fiscal year,
payments to States or other non-Federal entities under sec-
tion 474 of title IV–E, for the last 3 months of the current
fiscal year for unanticipated costs, incurred for the current
fiscal year, such sums as may be necessary.
ADMINISTRATION ON AGING
AGING SERVICES PROGRAMS
For carrying out, to the extent not otherwise provided,
the Older Americans Act of 1965, as amended, and section
398 of the Public Health Service Act, $1,369,290,000, of
which $6,000,000 shall be available for activities regarding
medication management, screening, and education to pre-
vent incorrect medication and adverse drug reactions: Pro-
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vided, That $149,670,000 shall be available for carrying out
section 311 of the Older Americans Act of 1965 consistent
with the formula of such Act (as amended by section 217
of this Act).
OFFICE OF THE SECRETARY
GENERAL DEPARTMENTAL MANAGEMENT
For necessary expenses, not otherwise provided, for
general departmental management, including hire of six se-
dans, and for carrying out titles III, XVII, and XX of the
Public Health Service Act, and the United States-Mexico
Border Health Commission Act, $368,535,000, together
with $5,851,000 to be transferred and expended as author-
ized by section 201(g)(1) of the Social Security Act from
the Hospital Insurance Trust Fund and the Supplemental
Medical Insurance Trust Fund: Provided, That of the funds
made available under this heading for carrying out title
XX of the Public Health Service Act, $11,885,000 shall be
for activities specified under section 2003(b)(2), of which
$10,157,000 shall be for prevention service demonstration
grants under section 510(b)(2) of title V of the Social Secu-
rity Act, as amended, without application of the limitation
of section 2010(c) of said title XX: Provided further, That
of this amount, $50,000,000 is for minority AIDS preven-
tion and treatment activities; and $20,000,000 shall be for
an Information Technology Security and Innovation Fund
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for Department-wide activities involving cybersecurity, in-
formation technology security, and related innovation
projects.
OFFICE OF INSPECTOR GENERAL
For expenses necessary for the Office of Inspector Gen-
eral in carrying out the provisions of the Inspector General
Act of 1978, as amended, $39,747,000: Provided, That, of
such amount, necessary sums are available for providing
protective services to the Secretary and investigating non-
payment of child support cases for which non-payment is
a Federal offense under 18 U.S.C. 228.
OFFICE FOR CIVIL RIGHTS
For expenses necessary for the Office for Civil Rights,
$30,328,000, together with not to exceed $3,314,000 to be
transferred and expended as authorized by section 201(g)(1)
of the Social Security Act from the Hospital Insurance
Trust Fund and the Supplemental Medical Insurance Trust
Fund.
POLICY RESEARCH
For carrying out, to the extent not otherwise provided,
research studies under section 1110 of the Social Security
Act and title III of the Public Health Service Act,
$2,499,000: Provided, That in addition to amounts pro-
vided herein, $18,000,000 shall be available from amounts
available under section 241 of the Public Health Service
Act to carry out national health or human services research
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and evaluation activities: Provided further, That the ex-
penditure of any funds available under section 241 of the
Public Health Service Act are subject to the requirements
of section 205 of this Act.
RETIREMENT PAY AND MEDICAL BENEFITS FOR
COMMISSIONED OFFICERS
For retirement pay and medical benefits of Public
Health Service Commissioned Officers as authorized by law,
for payments under the Retired Serviceman’s Family Pro-
tection Plan and Survivor Benefit Plan, for medical care
of dependents and retired personnel under the Dependents’
Medical Care Act (10 U.S.C. ch. 55 and 56), and for pay-
ments pursuant to section 229(b) of the Social Security Act
(42 U.S.C. 429(b)), such amounts as may be required dur-
ing the current fiscal year. The following are definitions
for the medical benefits of the Public Health Service Com-
missioned Officers that apply to 10 U.S.C. chapter 56, sec-
tion 1116(c). The source of funds for the monthly accrual
payments into the Department of Defense Medicare-Eligible
Retiree Health Care Fund shall be the Retirement Pay and
Medical Benefits for Commissioned Officers account. For
purposes of this Act, the term ‘‘pay of members’’ shall be
construed to be synonymous with retirement payments to
U.S. Public Health Service officers who are retired for age,
disability, or length of service; payments to survivors of de-
ceased officers; medical care to active duty and retired
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members and dependents and beneficiaries; and for pay-
ments to the Social Security Administration for military
service credits; all of which payments are provided for by
the Retirement Pay and Medical Benefits for Commissioned
Officers account.
PUBLIC HEALTH AND SOCIAL SERVICES EMERGENCY FUND
For expenses necessary to support activities related to
countering potential biological, disease and chemical threats
to civilian populations, $2,255,980,000: Provided, That this
amount is distributed as follows: Centers for Disease Con-
trol and Prevention, $1,541,740,000 of which $300,000,000
shall remain available until expended for the National
Pharmaceutical 
Stockpile; 
Office 
of 
the 
Secretary,
$152,240,000; Health Resources and Services Administra-
tion, $547,000,000; Substance Abuse and Mental Health
Services Administration, $10,000,000; and the Agency for
Healthcare Research and Quality, $5,000,000.
GENERAL PROVISIONS
SEC. 201. Funds appropriated in this title shall be
available for not to exceed $50,000 for official reception and
representation expenses when specifically approved by the
Secretary.
SEC. 202. The Secretary shall make available through
assignment not more than 60 employees of the Public
Health Service to assist in child survival activities and to
work in AIDS programs through and with funds provided
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by the Agency for International Development, the United
Nations International Children’s Emergency Fund or the
World Health Organization.
SEC. 203. None of the funds appropriated under this
Act may be used to implement section 399F(b) of the Public
Health Service Act or section 1503 of the National Insti-
tutes of Health Revitalization Act of 1993, Public Law 103–
43.
SEC. 204. None of the funds appropriated in this Act
for the National Institutes of Health, the Agency for
Healthcare Research and Quality, and the Substance Abuse
and Mental Health Services Administration shall be used
to pay the salary of an individual, through a grant or other
extramural mechanism, at a rate in excess of Executive
Level I.
SEC. 205. None of the funds appropriated in this Act
may be expended pursuant to section 241 of the Public
Health Service Act, except for funds specifically provided
for in this Act, or for other taps and assessments made by
any office located in the Department of Health and Human
Services, prior to the Secretary’s preparation and submis-
sion of a report to the Committee on Appropriations of the
Senate and of the House detailing the planned uses of such
funds.
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SEC. 206. Notwithstanding section 241(a) of the Public
Health Service Act, such portion as the Secretary shall de-
termine, but not more than 1.25 percent, of any amounts
appropriated for programs authorized under said Act and
other Acts shall be made available for the evaluation (di-
rectly, or by grants or contracts) of the implementation and
effectiveness of such programs.
(TRANSFER OF FUNDS)
SEC. 207. Not to exceed 1 percent of any discretionary
funds (pursuant to the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended) which are appro-
priated for the current fiscal year for the Department of
Health and Human Services in this Act may be transferred
between appropriations, but no such appropriation shall be
increased by more than 3 percent by any such transfer: Pro-
vided, That an appropriation may be increased by up to
an additional 2 percent subject to approval by the House
and Senate Committees on Appropriations: Provided fur-
ther, That the Appropriations Committees of both Houses
of Congress are notified at least 15 days in advance of any
transfer.
SEC. 208. The Director of the National Institutes of
Health, jointly with the Director of the Office of AIDS Re-
search, may transfer up to 3 percent among institutes, cen-
ters, and divisions from the total amounts identified by
these two Directors as funding for research pertaining to
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the human immunodeficiency virus: Provided, That the
Congress is promptly notified of the transfer.
SEC. 209. Of the amounts made available in this Act
for the National Institutes of Health, the amount for re-
search related to the human immunodeficiency virus, as
jointly determined by the Director of the National Institutes
of Health and the Director of the Office of AIDS Research,
shall be made available to the ‘‘Office of AIDS Research’’
account. The Director of the Office of AIDS Research shall
transfer from such account amounts necessary to carry out
section 2353(d)(3) of the Public Health Service Act.
SEC. 210. None of the funds appropriated in this Act
may be made available to any entity under title X of the
Public Health Service Act unless the applicant for the
award certifies to the Secretary that it encourages family
participation in the decision of minors to seek family plan-
ning services and that it provides counseling to minors on
how to resist attempts to coerce minors into engaging in
sexual activities.
SEC. 211. None of the funds appropriated by this Act
(including funds appropriated to any trust fund) may be
used to carry out the Medicare+Choice program if the Sec-
retary denies participation in such program to an other-
wise eligible entity (including a Provider Sponsored Orga-
nization) because the entity informs the Secretary that it
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will not provide, pay for, provide coverage of, or provide
referrals for abortions: Provided, That the Secretary shall
make appropriate prospective adjustments to the capitation
payment to such an entity (based on an actuarially sound
estimate of the expected costs of providing the service to such
entity’s enrollees): Provided further, That nothing in this
section shall be construed to change the Medicare program’s
coverage for such services and a Medicare+Choice organiza-
tion described in this section shall be responsible for inform-
ing enrollees where to obtain information about all Medi-
care covered services.
SEC. 212. Notwithstanding any other provision of law,
no provider of services under title X of the Public Health
Service Act shall be exempt from any State law requiring
notification or the reporting of child abuse, child molesta-
tion, sexual abuse, rape, or incest.
SEC. 213. The Foreign Operations, Export Financing,
and Related Programs Appropriations Act, 1990 (Public
Law 101–167) is amended—
(1) in section 599D (8 U.S.C. 1157 note)—
(A) in subsection (b)(3), by striking ‘‘1997,
1998, 1999, 2000, and 2001’’ and inserting
‘‘1997, 1998, 1999, 2000, 2001, 2002 and 2003’’;
and
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(B) in subsection (e), by striking ‘‘October
1, 2002’’ each place it appears and inserting
‘‘October 1, 2003’’; and
(2) in section 599E (8 U.S.C. 1255 note) in sub-
section (b)(2), by striking ‘‘September 30, 2002’’ and
inserting ‘‘September 30, 2003’’.
SEC. 214. (a) Except as provided by subsection (e)
none of the funds appropriated by this Act may be used
to withhold substance abuse funding from a State pursuant
to section 1926 of the Public Health Service Act (42 U.S.C.
300x–26) if such State certifies to the Secretary of Health
and Human Services by May 1, 2003 that the State will
commit additional State funds, in accordance with sub-
section (b), to ensure compliance with State laws prohib-
iting the sale of tobacco products to individuals under 18
years of age.
(b) The amount of funds to be committed by a State
under subsection (a) shall be equal to 1 percent of such
State’s substance abuse block grant allocation for each per-
centage point by which the State misses the retailer compli-
ance rate goal established by the Secretary of Health and
Human Services under section 1926 of such Act.
(c) The State is to maintain State expenditures in fis-
cal year 2003 for tobacco prevention programs and for com-
pliance activities at a level that is not less than the level
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of such expenditures maintained by the State for fiscal year
2002, and adding to that level the additional funds for to-
bacco compliance activities required under subsection (a).
The State is to submit a report to the Secretary on all fiscal
year 2002 State expenditures and all fiscal year 2003 obli-
gations for tobacco prevention and compliance activities by
program activity by July 31, 2003.
(d) The Secretary shall exercise discretion in enforcing
the timing of the State obligation of the additional funds
required by the certification described in subsection (a) as
late as July 31, 2003.
(e) None of the funds appropriated by this Act may
be used to withhold substance abuse funding pursuant to
section 1926 from a territory that receives less than
$1,000,000.
SEC. 215. In order for the Centers for Disease Control
and Prevention to carry out international health activities,
including HIV/AIDS and other infectious disease, chronic
and environmental disease, and other health activities
abroad during fiscal year 2003, the Secretary of Health and
Human Services is authorized to—
(1) utilize the authorities contained in subsection
2(c) of the State Department Basic Authorities Act of
1956, as amended; and
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(2) utilize the authorities contained in 22 U.S.C.
291 and 292 and directly or through contract or coop-
erative agreement to lease, alter or renovate facilities
in foreign countries, to carry out programs supported
by this appropriation notwithstanding section 307 of
the Public Health Service Act.
In exercising the authority set forth in paragraphs (1) and
(2), the Secretary of Health and Human Services shall con-
sult with the Department of State to assure that planned
activities are within the legal strictures of the State Depart-
ment Basic Authorities Act of 1956, as amended, and other
applicable parts of title 22, United States Code.
SEC. 216. The Division of Federal Occupational
Health may utilize personal services contracting to employ
professional management/administrative and occupational
health professionals.
SEC. 217. (a) Section 311 of the Older Americans Act
of 1965 (42 U.S.C. 3030a) is amended—
(1) in subsection (b)—
(A) in the caption, by striking ‘‘of cash or
commodities’’ and inserting ‘‘and payment’’; and
(B) in paragraph (1)—
(i) by striking ‘‘The Secretary of Agri-
culture shall allot and provide in the form
of cash or commodities or a combination
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thereof (at the discretion of the State) to
each State agency’’ and inserting ‘‘The Sec-
retary shall allot and provide, in accord-
ance with this section, to or on behalf of
each State agency’’; and
(ii) by striking ‘‘to each grantee’’ and
inserting ‘‘to or on behalf of each grantee’’;
and
(2) in subsection (d)—
(A) in the caption, to read as follows: ‘‘Op-
tion to obtain commodities from Secretary of Ag-
riculture’’;
(B) in paragraph (1), to read as follows:
‘‘Each State agency and each grantee under title
VI shall be entitled to use all or any part of
amounts allotted under subsection (b) to obtain
from the Secretary of Agriculture commodities
available through any Federal food commodity
processing program, at the rates at which such
commodities are valued for purposes of such pro-
gram.’’;
(C) by redesignating paragraphs (2) and
(4) as paragraphs (4) and (5), respectively;
(D) by striking paragraph (3);
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(E) by adding after paragraph (1) the fol-
lowing new paragraphs:
‘‘(2) The Secretary of Agriculture shall deter-
mine and report to the Secretary, by such date as the
Secretary may require, the amount (if any) of its al-
lotment under subsection (b) which each State agency
and title VI grantee has elected to receive in the form
of commodities. Such amount shall include an
amount bearing the same ratio to the costs to the Sec-
retary of Agriculture of providing such commodities
under this subsection as the value of commodities re-
ceived by such State agency or title VI grantee under
this subsection bears to the total value of commodities
so received.
‘‘(3) From the allotment under subsection (b) for
each State agency and title VI grantee, the Secretary
shall first reimburse the Secretary of Agriculture for
costs of commodities received by such State agency or
grantee under this subsection, and shall then pay the
balance (if any) to such State agency or grantee.’’;
(F) in paragraph (4), as redesignated, in
the first sentence, to read as follows: ‘‘Each State
agency shall promptly and equitably disburse
amounts received under this subsection to recipi-
ents of grants and contracts.’’; and
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(G) in paragraph (5), as redesignated, by
striking ‘‘donation’’ and inserting ‘‘provision’’.
SEC. 218. Notwithstanding section 409B(c) of the Pub-
lic Health Service Act regarding a limitation on the num-
ber of such grants, funds appropriated in this Act may be
expended by the Director of the National Institutes of
Health to award Core Center Grants to encourage the devel-
opment of innovative multidisciplinary research and pro-
vide training concerning Parkinson’s disease. Each center
funded under such grants shall be designated as a Morris
K. Udall Center for Research on Parkinson’s Disease.
SEC. 219. The Supplemental Appropriations Act, 2001
(Public Law 107–020) is amended, in the matter under the
heading ‘‘LOW INCOME HOME ENERGY ASSISTANCE’’ under
the heading ‘‘ADMINISTRATION FOR CHILDREN AND FAMI-
LIES’’ under the heading ‘‘DEPARTMENT OF HEALTH
AND HUMAN SERVICES’’, in chapter 7 of title II, by
striking ‘‘amount for’’ and all that follows, and inserting
the following: ‘‘amount for making payments under title
XXVI of the Omnibus Budget Reconciliation Act of 1981,
$300,000,000.’’.
SEC. 220. (a) IN GENERAL.—In addition to amounts
otherwise appropriated under this Act to carry out pro-
grams and activities under title VIII of the Public Health
Service Act, there are appropriated an additional
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$20,000,000, to remain available until expended, to carry
out programs and activities authorized under sections 831,
846, 846A, 851, 852, and 855 of such Act (as amended by
the Nurse Reinvestment Act (Public Law 107–205)).
SEC. 221. GRANTS FOR PURCHASE OF ULTRASOUND
EQUIPMENT. The Secretary of Health and Human Services
may make grants for the purchase of ultrasound equipment.
Such ultrasound equipment shall be used by the recipients
of such grants to provide, under the direction and super-
vision of a licensed physician, free ultrasound examinations
to pregnant woman needing medical services: Provided,
That the Secretary shall give priority in awarding grants
to those organizations that agree to adhere to professional
guidelines for counseling pregnant women, whereby a preg-
nant woman is fully informed in a nonbiased manner about
all options.
This title may be cited as the ‘‘Department of Health
and Human Services Appropriations Act, 2003’’.
TITLE III—DEPARTMENT OF EDUCATION
EDUCATION FOR THE DISADVANTAGED
For carrying out title I of the Elementary and Sec-
ondary Education Act of 1965 (‘‘ESEA’’) and section 418A
of the Higher Education Act of 1965, $13,178,400,000, of
which $4,354,199,000 shall become available on July 1,
2003, and shall remain available through September 30,
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2004, and of which $8,627,301,000 shall become available
on October 1, 2003, and shall remain available through
September 30, 2004, for academic year 2003–2004: Pro-
vided, That $7,172,971,000 shall be available for basic
grants under section 1124: Provided further, That up to
$3,500,000 of these funds shall be available to the Secretary
of Education on October 1, 2002, to obtain updated edu-
cational-agency-level census poverty data from the Bureau
of the Census: Provided further, That $1,365,031,000 shall
be available for concentration grants under section 1124A:
Provided further, That $1,405,999,000 shall be available for
targeted grants under section 1125: Provided further, That
$1,405,999,000 shall be available for education finance in-
centive grants under section 1125A.
IMPACT AID
For carrying out programs of financial assistance to
federally affected schools authorized by title VIII of the Ele-
mentary 
and 
Secondary 
Education 
Act 
of 
1965,
$1,176,500,000, of which $1,012,500,000 shall be for basic
support payments under section 8003(b), $52,000,000 shall
be for payments for children with disabilities under section
8003(d), $47,000,000 shall be for construction under section
8007 and shall remain available through September 30,
2004, $57,000,000 shall be for Federal property payments
under section 8002, and $8,000,000, to remain available
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until expended, shall be for facilities maintenance under
section 8008.
SCHOOL IMPROVEMENT PROGRAMS
For carrying out school improvement activities author-
ized by titles II, IV, V, VI, and parts B and C of title VII
of the Elementary and Secondary Education Act of 1965
(‘‘ESEA’’); part B of title II of the Higher Education Act;
the McKinney-Vento Homeless Assistance Act; and the Civil
Rights Act of 1964, $7,788,329,000, of which $500,000,000
shall become available October 1, 2002, and shall remain
available 
through 
September 
30, 
2004, 
of 
which
$3,818,517,000 shall become available on July 1, 2003, and
remain available through September 30, 2004, and of which
$1,765,000,000 shall become available on October 1, 2003,
and shall remain available through September 30, 2004, for
academic year 2003–2004: Provided, That of the amount
made available for subpart 3, part C, of title II of the
ESEA, $3,000,000 shall be used by the Center for Civic
Education to implement a comprehensive program to im-
prove public knowledge, understanding, and support of the
Congress and the state legislatures: Provided further, That
of the funds made available for subpart 2 of part A of title
IV of the ESEA, $5,000,000, to remain available until ex-
pended, shall be for the Project School Emergency Response
to Violence program to provide education-related services
to local educational agencies in which the learning environ-
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ment has been disrupted due to a violent or traumatic cri-
sis: Provided further, That no funds appropriated under
this heading may be used to carry out section 5494 under
the Elementary and Secondary Education Act: Provided
further, That $735,661,000 shall be available to carry out
part D of title V of the ESEA.
INDIAN EDUCATION
For expenses necessary to carry out, to the extent not
otherwise provided, title VII, part A of the Elementary and
Secondary Education Act of 1965, $122,368,000.
ENGLISH LANGUAGE ACQUISITION
For carrying out title III, part A of the ESEA,
$690,000,000, of which $494,000,000 shall become available
on July 1, 2003, and shall remain available through Sep-
tember 30, 2004.
SPECIAL EDUCATION
For carrying out the Individuals with Disabilities
Education Act, $9,691,424,000, of which $3,335,233,000
shall become available for obligation on July 1, 2003, and
shall remain available through September 30, 2004, and of
which $6,072,000,000 shall become available on October 1,
2003, and shall remain available through September 30,
2004, for academic year 2003–2004: Provided, That
$9,500,000 shall be for Recording for the Blind and
Dyslexic to support the development, production, and cir-
culation of recorded educational materials: Provided fur-
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ther, That $1,500,000 shall be for the recipient of funds pro-
vided by Public Law 105–78 under section 687(b)(2)(G) of
the Act to provide information on diagnosis, intervention,
and teaching strategies for children with disabilities: Pro-
vided further, That the amount for section 611(c) of the Act
shall be equal to the amount available for that section in
the Department of Education Appropriations Act, 2002, in-
creased by the amount of inflation as specified in section
611(f)(1)(B)(ii) of the Act.
REHABILITATION SERVICES AND DISABILITY RESEARCH
For carrying out, to the extent not otherwise provided,
the Rehabilitation Act of 1973, the Assistive Technology Act
of 1998, and the Helen Keller National Center Act,
$2,959,838,000, of which $1,000,000 available for section
303(b) of the Rehabilitation Act of 1973 shall be used to
improve the quality of applied orthotic and prosthetic re-
search and help meet the demand for provider services: Pro-
vided, That the funds provided for title I of the Assistive
Technology Act of 1998 (‘‘the AT Act’’) shall be allocated
notwithstanding section 105(b)(1) of the AT Act: Provided
further, That section 101(f) of the AT Act shall not limit
the award of an extension grant to three years: Provided
further, That no State or outlying area awarded funds
under section 101 shall receive less than the amount re-
ceived in fiscal year 2002: Provided further, That each
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State shall be provided $100,000 and each outlying area
$30,000 for activities under section 102 of the AT Act.
SPECIAL INSTITUTIONS FOR PERSONS WITH DISABILITIES
AMERICAN PRINTING HOUSE FOR THE BLIND
For carrying out the Act of March 3, 1879, as amended
(20 U.S.C. 101 et seq.), $15,500,000.
NATIONAL TECHNICAL INSTITUTE FOR THE DEAF
For the National Technical Institute for the Deaf
under titles I and II of the Education of the Deaf Act of
1986 (20 U.S.C. 4301 et seq.), $54,600,000, of which
$1,600,000 shall be for construction and shall remain avail-
able until expended: Provided, That from the total amount
available, the Institute may at its discretion use funds for
the endowment program as authorized under section 207.
GALLAUDET UNIVERSITY
For the Kendall Demonstration Elementary School,
the Model Secondary School for the Deaf, and the partial
support of Gallaudet University under titles I and II of
the Education of the Deaf Act of 1986 (20 U.S.C. 4301 et
seq.), $98,438,000: Provided, That from the total amount
available, the University may at its discretion use funds
for the endowment program as authorized under section
207.
VOCATIONAL AND ADULT EDUCATION
For carrying out, to the extent not otherwise provided,
the Carl D. Perkins Vocational and Applied Technology
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Education Act, and the Adult Education and Family Lit-
eracy Act, and title VIII–D of the Higher Education Act
of 
1965, 
as 
amended, 
and 
Public 
Law 
102–73,
$1,938,060,000, of which $1,140,060,000 shall become avail-
able on July 1, 2003 and shall remain available through
September 30, 2004 and of which $791,000,000 shall become
available on October 1, 2003 and shall remain available
through September 30, 2004: Provided, That of the amounts
made available for the Carl D. Perkins Vocational and Ap-
plied Technology Education Act, $7,000,000 shall be for
tribally controlled postsecondary vocational and technical
institutions under section 117: Provided further, That not-
withstanding any other provision of law or any regulation,
the Secretary of Education shall not require the use of a
restricted indirect cost rate for grants issued pursuant to
section 117 of the Carl D. Perkins Vocational and Applied
Technology 
Education 
Act: 
Provided 
further, 
That
$10,000,000 shall be for carrying out section 118 of such
Act: Provided further, That of the amounts made available
for the Carl D. Perkins Vocational and Applied Technology
Education Act, $5,000,000 shall be for demonstration ac-
tivities authorized by section 207: Provided further, That
of the amount provided for Adult Education State Grants,
$70,000,000 shall be made available for integrated English
literacy and civics education services to immigrants and
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other limited English proficient populations: Provided fur-
ther, That of the amount reserved for integrated English
literacy and civics education, notwithstanding section 211
of the Adult Education and Family Literacy Act, 65 per-
cent shall be allocated to States based on a State’s absolute
need as determined by calculating each State’s share of a
10-year average of the Immigration and Naturalization
Service data for immigrants admitted for legal permanent
residence for the 10 most recent years, and 35 percent allo-
cated to States that experienced growth as measured by the
average of the 3 most recent years for which Immigration
and Naturalization Service data for immigrants admitted
for legal permanent residence are available, except that no
State shall be allocated an amount less than $60,000: Pro-
vided further, That of the amounts made available for the
Adult Education and Family Literacy Act, $9,500,000
shall be for national leadership activities under section 243
and $6,560,000 shall be for the National Institute for Lit-
eracy 
under 
section 
242: 
Provided 
further, 
That
$25,000,000 shall be for Youth Offender Grants, of which
$5,000,000 shall be used in accordance with section 601 of
Public Law 102–73 as that section was in effect prior to
the enactment of Public Law 105–220.
STUDENT FINANCIAL ASSISTANCE
For carrying out subparts 1, 3 and 4 of part A, section
428K, part C and part E of title IV of the Higher Edu-
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cation Act of 1965, as amended, $13,151,500,000, which
shall remain available through September 30, 2004.
The maximum Pell Grant for which a student shall
be eligible during award year 2003–2004 shall be $4,100.
HIGHER EDUCATION
For carrying out, to the extent not otherwise provided,
section 121 and titles II, III, IV, V, VI, and VII of the
Higher Education Act of 1965 (‘‘HEA’’), as amended, title
VIII of the Higher Education Amendments of 1998, and
the Mutual Educational and Cultural Exchange Act of
1961, $2,047,640,000, of which $3,000,000 for interest sub-
sidies authorized by section 121 of the HEA, shall remain
available until expended: Provided, That $10,000,000, to re-
main available through September 30, 2004, shall be avail-
able to fund fellowships for academic year 2004–2005 under
part A, subpart 1 of title VII of said Act, under the terms
and conditions of part A, subpart 1: Provided further, That
$1,000,000 is for data collection and evaluation activities
for programs under the HEA, including such activities
needed to comply with the Government Performance and
Results Act of 1993: Provided further, That notwith-
standing any other provision of law, funds made available
in this Act to carry out title VI of the HEA and section
102(b)(6) of the Mutual Educational and Cultural Ex-
change Act of 1961 may be used to support visits and study
in foreign countries by individuals who are participating
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in advanced foreign language training and international
studies in areas that are vital to United States national
security and who plan to apply their language skills and
knowledge of these countries in the fields of government, the
professions, or international development: Provided further,
That up to one percent of the funds referred to in the pre-
ceding proviso may be used for program evaluation, na-
tional outreach, and information dissemination activities.
HOWARD UNIVERSITY
For partial support of Howard University (20 U.S.C.
121 et seq.), $239,974,000, of which not less than $3,600,000
shall be for a matching endowment grant pursuant to the
Howard University Endowment Act (Public Law 98–480)
and shall remain available until expended.
COLLEGE HOUSING AND ACADEMIC FACILITIES LOANS
PROGRAM
For Federal administrative expenses authorized under
section 121 of the Higher Education Act of 1965, $762,000
to carry out activities related to existing facility loans en-
tered into under the Higher Education Act of 1965.
HISTORICALLY BLACK COLLEGE AND UNIVERSITY CAPITAL
FINANCING PROGRAM ACCOUNT
The aggregate principal amount of outstanding bonds
insured pursuant to section 344 of title III, part D of the
Higher 
Education 
Act 
of 
1965 
shall 
not 
exceed
$357,000,000, and the cost, as defined in section 502 of the
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Congressional Budget Act of 1974, of such bonds shall not
exceed zero.
For administrative expenses to carry out the Histori-
cally Black College and University Capital Financing Pro-
gram entered into pursuant to title III, part D of the High-
er Education Act of 1965, as amended, $208,000.
INSTITUTE OF EDUCATION SCIENCE
For carrying out activities authorized by Public Law
107–279, $397,387,000: Provided, That of the amount ap-
propriated, $89,500,000 shall be available for obligation
through September 30, 2004.
DEPARTMENTAL MANAGEMENT
PROGRAM ADMINISTRATION
For carrying out, to the extent not otherwise provided,
the Department of Education Organization Act, including
rental of conference rooms in the District of Columbia and
hire of three passenger motor vehicles, $412,093,000, of
which $12,795,000, to remain available until expended,
shall be for building alterations and related expenses for
the modernization of the Mary E. Switzer Building in
Washington, D.C.
OFFICE FOR CIVIL RIGHTS
For expenses necessary for the Office for Civil Rights,
as authorized by section 203 of the Department of Edu-
cation Organization Act, $86,276,000.
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OFFICE OF THE INSPECTOR GENERAL
For expenses necessary for the Office of the Inspector
General, as authorized by section 212 of the Department
of Education Organization Act, $41,000,000.
STUDENT AID ADMINISTRATION
For Federal administrative expenses (in addition to
funds made available under section 458), to carry out part
D of title I, and subparts 1, 3, and 4 of part A, and parts
B, C, D and E of title IV of the Higher Education Act
of 1965, as amended, $105,388,000.
GENERAL PROVISIONS
SEC. 301. No funds appropriated in this Act may be
used for the transportation of students or teachers (or for
the purchase of equipment for such transportation) in order
to overcome racial imbalance in any school or school system,
or for the transportation of students or teachers (or for the
purchase of equipment for such transportation) in order to
carry out a plan of racial desegregation of any school or
school system.
SEC. 302. None of the funds contained in this Act shall
be used to require, directly or indirectly, the transportation
of any student to a school other than the school which is
nearest the student’s home, except for a student requiring
special education, to the school offering such special edu-
cation, in order to comply with title VI of the Civil Rights
Act of 1964. For the purpose of this section an indirect re-
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quirement of transportation of students includes the trans-
portation of students to carry out a plan involving the reor-
ganization of the grade structure of schools, the pairing of
schools, or the clustering of schools, or any combination of
grade restructuring, pairing or clustering. The prohibition
described in this section does not include the establishment
of magnet schools.
SEC. 303. No funds appropriated under this Act may
be used to prevent the implementation of programs of vol-
untary prayer and meditation in the public schools.
(TRANSFER OF FUNDS)
SEC. 304. Not to exceed 1 percent of any discretionary
funds (pursuant to the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended) which are appro-
priated for the Department of Education in this Act may
be transferred between appropriations, but no such appro-
priation shall be increased by more than 3 percent by any
such transfer: Provided, That the Appropriations Commit-
tees of both Houses of Congress are notified at least 15 days
in advance of any transfer.
SEC. 305. Section 1202 of the Elementary and Sec-
ondary Education Act of 1965 is amended by inserting the
following subsection at the end thereof:
‘‘(g) SUPPLEMENT, NOT SUPPLANT.—State or local
educational agency shall use funds received under this sub-
part only to supplement the level of non-Federal funds that,
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in the absence of funds under this subpart, would be ex-
pended for activities authorized under this subpart, and not
to supplant those non-Federal funds.’’.
SEC. 306. Notwithstanding section 1124(c)(2) of the
Elementary and Secondary Education Act of 1965 (20
U.S.C. 6333(c)(2)), for each fiscal year, if the local edu-
cational agency serving New York City receives an alloca-
tion under section 1122 of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 6332) in an amount that
is greater than the amount received by the agency under
section 1122 of the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 6332) for fiscal year 2002, then—
(1) the agency shall distribute any funds received
under section 1122 of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 6332) in excess of
the amount of the fiscal year 2002 allocation con-
sistent with section 1113(c) of the Elementary and
Secondary Education Act of 1965 (20 U.S.C.
6313(c)); and
(2) each county in New York City shall receive
an amount from the agency that is not less than the
amount the county received in fiscal year 2002.
SEC. 307. Section 7304 of the No Child Left Behind
Act of 2001, Public Law 107–110 is amended—
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(1) by striking ‘‘(a)(2)(P) Dropout prevention
programs such as’’ and inserting ‘‘(a)(2)(P) Dropout
prevention programs operated by’’; and
(2) by striking ‘‘(a)(2)(S) Provision of oper-
ational support and purchasing equipment,’’ and in-
serting ‘‘(a)(2)(S) Provision of operational support
and construction funding, and purchasing of equip-
ment,’’.
SEC. 308. Section 7205 of the No Child Left Behind
Act of 2001, Public Law 107–110 is amended by adding
the following new subsection after subsection (L):
‘‘(M) construction, renovation, and mod-
ernization of any elementary school, secondary
school, or structure related to an elementary
school or secondary school, run by the Depart-
ment of Education of the State of Hawaii, that
serves a predominantly Native Hawaiian stu-
dent body.’’.
SEC. 309. FUNDING FOR INNOVATIVE PROGRAMS. In
addition to any amounts otherwise appropriated under this
Act for part A of title I of the Elementary and Secondary
Education Act of 1965, the following sums are appro-
priated, out of any money in the Treasury not otherwise
appropriated for the fiscal year ending September 30, 2003,
$5,000,000,000 for carrying out such part, to remain avail-
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able through September 30, 2004: Provided, That notwith-
standing any other provision of this Act, any amounts ap-
propriated for programs or activities under title III of Di-
vision G that are in excess of $54,195,685,000 shall be dis-
tributed to States and local educational agencies in accord-
ance with sections 5111 and 5112 of the Elementary and
Secondary Education Act of 1965 to be used by such States
and local educational agencies to carry out any activity
authorized under the Elementary and Secondary Education
Act of 1965, the Individuals with Disabilities in Education
Act, or the Higher Education Act of 1965, to remain avail-
able through September 30, 2004: Provided further, That
the percentage amount of any across-the-board rescission
provided for under section 601 of Division N of this Act
shall be increased by the percentage amount necessary to
rescind an amount of funds equal to the total amounts ap-
propriated in excess of $54,195,685,000 for title III of Divi-
sion G.
SEC. 310. FUNDING FOR THE INDIVIDUALS WITH DIS-
ABILITIES EDUCATION ACT. Not withstanding any other
provision of this Act, in addition to any amounts otherwise
appropriated under this Act for support of part B of the
Individuals with Disabilities Education Act other than sec-
tion 619 of such part, the following sum is appropriated
out of any money in the Treasury not otherwise appro-
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priated for the fiscal year ending September 30, 2003,
$1,500,000,000, which shall become available on October 1,
2003, and shall remain available through September 30,
2004, for academic year 2003–2004: Provided, That not-
withstanding any other provision of this Act, funds pro-
vided under this section shall not result in a further across-
the-board rescission under section 601 of division N.
SEC. 311. FUNDING FOR AFTER-SCHOOL PROGRAMS.
(a) FINDINGS.—Congress finds that:
(1) There remains a great need for after-school
programs. The Census Bureau reported that at least
8 to 15 million children have no place to go after
school is out.
(2) According to the FBI, youth are most at risk
for committing violent acts and being victims of vio-
lent crimes between 3:00 p.m. and 8:00 p.m.—after
school is out and before parents arrive home.
(3) Studies show that organized extracurricular
activities, such as after-school programs, reduce crime,
drug use, and teenage pregnancy.
(b) SENSE OF THE SENATE.—It is the sense of the Sen-
ate that every effort should be made to—
(1) accommodate the waiting lists of children
needing access to after-school programs; and
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(2) fund after-school programs at the level au-
thorized in the Leave No Child Behind Act.
SEC. 312. Notwithstanding any other provision of this
Act, the $6,667,533,000 provided for the Head Start Act
shall be exempt from the across-the-board rescission under
section 601 of division N.
This title may be cited as the ‘‘Department of Edu-
cation Appropriations Act, 2003’’.
TITLE IV—RELATED AGENCIES
ARMED FORCES RETIREMENT HOME
For expenses necessary for the Armed Forces Retire-
ment Home to operate and maintain the Armed Forces Re-
tirement Home—Washington and the Armed Forces Retire-
ment Home—Gulfport, to be paid from funds available in
the Armed Forces Retirement Home Trust Fund,
$67,340,000, of which $5,712,000 shall remain available
until expended for construction and renovation of the phys-
ical plants at the Armed Forces Retirement Home—Wash-
ington and the Armed Forces Retirement Home—Gulfport:
Provided, That, notwithstanding any other provision of
law, a single contract or related contracts for development
and construction, to include construction of a facility at
the United States Naval Home, may be employed which col-
lectively include the full scope of the project: Provided fur-
ther, That the solicitation and contract shall contain the
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clause ‘‘availability of funds’’ found at 48 CFR 52.232–18
and 252.232–7007, Limitation of Government Obligations.
CORPORATION FOR NATIONAL AND COMMUNITY SERVICE
DOMESTIC VOLUNTEER SERVICE PROGRAMS, OPERATING
EXPENSES
For expenses necessary for the Corporation for Na-
tional and Community Service to carry out the provisions
of the Domestic Volunteer Service Act of 1973, as amended,
$351,063,000: Provided, That none of the funds made avail-
able to the Corporation for National and Community Serv-
ice in this Act for activities authorized by part E of title
II of the Domestic Volunteer Service Act of 1973 shall be
used to provide stipends or other monetary incentives to vol-
unteers or volunteer leaders whose incomes exceed the re-
strictions outlined in Part B of title II of such Act.
CORPORATION FOR PUBLIC BROADCASTING
For payment to the Corporation for Public Broad-
casting, as authorized by the Communications Act of 1934,
an amount which shall be available within limitations spec-
ified by that Act, for the fiscal year 2005, $395,000,000:
Provided, That no funds made available to the Corporation
for Public Broadcasting by this Act shall be used to pay
for receptions, parties, or similar forms of entertainment
for Government officials or employees: Provided further,
That none of the funds contained in this paragraph shall
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be available or used to aid or support any program or activ-
ity from which any person is excluded, or is denied benefits,
or is discriminated against, on the basis of race, color, na-
tional origin, religion, or sex: Provided further, That for
fiscal year 2003, in addition to the amounts provided above,
$48,744,000, for costs related to digital program produc-
tion, development, and distribution, associated with the
transition of public broadcasting to digital broadcasting, to
be awarded as determined by the Corporation in consulta-
tion with public radio and television licensees or permittees,
or their designated representatives.
FEDERAL MEDIATION AND CONCILIATION SERVICE
SALARIES AND EXPENSES
For expenses necessary for the Federal Mediation and
Conciliation Service to carry out the functions vested in
it by the Labor Management Relations Act, 1947 (29 U.S.C.
171–180, 182–183), including hire of passenger motor vehi-
cles; for expenses necessary for the Labor-Management Co-
operation Act of 1978 (29 U.S.C. 175a); and for expenses
necessary for the Service to carry out the functions vested
in it by the Civil Service Reform Act, Public Law 95–454
(5 U.S.C. ch. 71), $40,718,000, including $1,500,000, to re-
main available through September 30, 2004, for activities
authorized by the Labor-Management Cooperation Act of
1978 (29 U.S.C. 175a): Provided, That notwithstanding 31
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U.S.C. 3302, fees charged, up to full-cost recovery, for spe-
cial training activities and other conflict resolution services
and technical assistance, including those provided to foreign
governments and international organizations, and for arbi-
tration services shall be credited to and merged with this
account, and shall remain available until expended: Pro-
vided further, That fees for arbitration services shall be
available only for education, training, and professional de-
velopment of the agency workforce: Provided further, That
the Director of the Service is authorized to accept and use
on behalf of the United States gifts of services and real, per-
sonal, or other property in the aid of any projects or func-
tions within the Director’s jurisdiction.
FEDERAL MINE SAFETY AND HEALTH REVIEW
COMMISSION
SALARIES AND EXPENSES
For expenses necessary for the Federal Mine Safety
and Health Review Commission (30 U.S.C. 801 et seq.),
$7,127,000.
INSTITUTE OF MUSEUM AND LIBRARY SERVICES
For carrying out the Museum and Library Services
Act, $203,000,000.
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MEDICARE PAYMENT ADVISORY COMMISSION
SALARIES AND EXPENSES
For expenses necessary to carry out section 1805 of the
Social Security Act, $8,250,000, to be transferred to this
appropriation from the Federal Hospital Insurance and the
Federal Supplementary Medical Insurance Trust Funds.
NATIONAL COMMISSION ON LIBRARIES AND INFORMATION
SCIENCE
SALARIES AND EXPENSES
For necessary expenses for the National Commission
on Libraries and Information Science, established by the
Act of July 20, 1970 (Public Law 91–345, as amended),
$1,000,000.
NATIONAL COUNCIL ON DISABILITY
SALARIES AND EXPENSES
For expenses necessary for the National Council on
Disability as authorized by title IV of the Rehabilitation
Act of 1973, as amended, $2,830,000.
NATIONAL LABOR RELATIONS BOARD
SALARIES AND EXPENSES
For expenses necessary for the National Labor Rela-
tions Board to carry out the functions vested in it by the
Labor-Management Relations Act, 1947, as amended (29
U.S.C. 141–167), and other laws, $238,223,000: Provided,
That no part of this appropriation shall be available to or-
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ganize or assist in organizing agricultural laborers or used
in connection with investigations, hearings, directives, or
orders concerning bargaining units composed of agricul-
tural laborers as referred to in section 2(3) of the Act of
July 5, 1935 (29 U.S.C. 152), and as amended by the
Labor-Management Relations Act, 1947, as amended, and
as defined in section 3(f) of the Act of June 25, 1938 (29
U.S.C. 203), and including in said definition employees en-
gaged in the maintenance and operation of ditches, canals,
reservoirs, and waterways when maintained or operated on
a mutual, nonprofit basis and at least 95 percent of the
water stored or supplied thereby is used for farming pur-
poses.
NATIONAL MEDIATION BOARD
SALARIES AND EXPENSES
For expenses necessary to carry out the provisions of
the Railway Labor Act, as amended (45 U.S.C. 151–188),
including emergency boards appointed by the President,
$11,203,000.
OCCUPATIONAL SAFETY AND HEALTH REVIEW
COMMISSION
SALARIES AND EXPENSES
For expenses necessary for the Occupational Safety
and Health Review Commission (29 U.S.C. 661),
$9,577,000.
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RAILROAD RETIREMENT BOARD
DUAL BENEFITS PAYMENTS ACCOUNT
For payment to the Dual Benefits Payments Account,
authorized under section 15(d) of the Railroad Retirement
Act of 1974, $132,000,000, which shall include amounts be-
coming available in fiscal year 2003 pursuant to section
224(c)(1)(B) of Public Law 98–76; and in addition, an
amount, not to exceed 2 percent of the amount provided
herein, shall be available proportional to the amount by
which the product of recipients and the average benefit re-
ceived exceeds $132,000,000: Provided, That the total
amount provided herein shall be credited in 12 approxi-
mately equal amounts on the first day of each month in
the fiscal year.
FEDERAL PAYMENTS TO THE RAILROAD RETIREMENT
ACCOUNTS
For payment to the accounts established in the Treas-
ury for the payment of benefits under the Railroad Retire-
ment Act for interest earned on unnegotiated checks,
$150,000, to remain available through September 30, 2004,
which shall be the maximum amount available for payment
pursuant to section 417 of Public Law 98–76.
LIMITATION ON ADMINISTRATION
For necessary expenses for the Railroad Retirement
Board for administration of the Railroad Retirement Act
and 
the 
Railroad 
Unemployment 
Insurance 
Act,
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$97,720,000, to be derived in such amounts as determined
by the Board from the railroad retirement accounts and
from moneys credited to the railroad unemployment insur-
ance administration fund: Provided, That notwithstanding
any other provision of law, no monies made available under
this head for administration of the Railroad Retirement or
Railroad Unemployment Insurance Acts shall be available
for payment of charges, in excess of actual rent costs, pursu-
ant to section 210(j) of the Federal Property and Adminis-
trative Services Act of 1949, as amended (40 U.S.C. 490(j)).
LIMITATION ON THE OFFICE OF INSPECTOR GENERAL
For expenses necessary for the Office of Inspector Gen-
eral for audit, investigatory and review activities, as au-
thorized by the Inspector General Act of 1978, as amended,
not more than $6,300,000, to be derived from the railroad
retirement accounts and railroad unemployment insurance
account: Provided, That none of the funds made available
in any other paragraph of this Act may be transferred to
the Office; used to carry out any such transfer; used to pro-
vide any office space, equipment, office supplies, commu-
nications facilities or services, maintenance services, or ad-
ministrative services for the Office; used to pay any salary,
benefit, or award for any personnel of the Office; used to
pay any other operating expense of the Office; or used to
reimburse the Office for any service provided, or expense
incurred, by the Office: Provided further, That funds made
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available under the heading in this Act, or subsequent De-
partments of Labor, Health and Human Services, and Edu-
cation, and Related Agencies Appropriations Act, may be
used for any audit, investigation, or review of the Medicare
program.
SOCIAL SECURITY ADMINISTRATION
PAYMENTS TO SOCIAL SECURITY TRUST FUNDS
For payment to the Federal Old-Age and Survivors In-
surance and the Federal Disability Insurance trust funds,
as provided under sections 201(m), 228(g), and 1131(b)(2)
of the Social Security Act, $20,400,000.
SPECIAL BENEFITS FOR DISABLED COAL MINERS
For carrying out title IV of the Federal Mine Safety
and Health Act of 1977, $300,177,000, to remain available
until expended.
For making, after July 31 of the current fiscal year,
benefit payments to individuals under title IV of the Fed-
eral Mine Safety and Health Act of 1977, for costs incurred
in the current fiscal year, such amounts as may be nec-
essary.
For making benefit payments under title IV of the Fed-
eral Mine Safety and Health Act of 1977 for the first quar-
ter of fiscal year 2004, $97,000,000, to remain available
until expended.
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SUPPLEMENTAL SECURITY INCOME PROGRAM
For carrying out titles XI and XVI of the Social Secu-
rity Act, section 401 of Public Law 92–603, section 212
of Public Law 93–66, as amended, and section 405 of Public
Law 95–216, including payment to the Social Security
trust funds for administrative expenses incurred pursuant
to 
section 
201(g)(1) 
of 
the 
Social 
Security 
Act,
$23,914,392,000, to remain available until expended: Pro-
vided, That any portion of the funds provided to a State
in the current fiscal year and not obligated by the State
during that year shall be returned to the Treasury.
For making, after June 15 of the current fiscal year,
benefit payments to individuals under title XVI of the So-
cial Security Act, for unanticipated costs incurred for the
current fiscal year, such sums as may be necessary.
For making benefit payments under title XVI of the
Social Security Act for the first quarter of fiscal year 2004,
$11,080,000,000, to remain available until expended.
LIMITATION ON ADMINISTRATIVE EXPENSES
For necessary expenses, including the hire of two pas-
senger motor vehicles, and not to exceed $20,000 for official
reception and representation expenses, not more than
$7,825,000,000 may be expended, as authorized by section
201(g)(1) of the Social Security Act, from any one or all
of the trust funds referred to therein: Provided, That not
less than $1,800,000 shall be for the Social Security Advi-
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sory Board: Provided further, That unobligated balances of
funds provided under this paragraph at the end of fiscal
year 2003 not needed for fiscal year 2003 shall remain
available until expended to invest in the Social Security
Administration information technology and telecommuni-
cations hardware and software infrastructure, including re-
lated equipment and non-payroll administrative expenses
associated solely with this information technology and tele-
communications infrastructure: Provided further, That re-
imbursement to the trust funds under this heading for ex-
penditures for official time for employees of the Social Secu-
rity Administration pursuant to section 7131 of title 5,
United States Code, and for facilities or support services
for labor organizations pursuant to policies, regulations, or
procedures referred to in section 7135(b) of such title shall
be made by the Secretary of the Treasury, with interest,
from amounts in the general fund not otherwise appro-
priated, as soon as possible after such expenditures are
made.
In addition, $111,000,000 to be derived from adminis-
tration fees in excess of $5.00 per supplementary payment
collected pursuant to section 1616(d) of the Social Security
Act or section 212(b)(3) of Public Law 93–66, which shall
remain available until expended. To the extent that the
amounts collected pursuant to such section 1616(d) or
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212(b)(3) in fiscal year 2003 exceed $111,000,000, the
amounts shall be available in fiscal year 2004 only to the
extent provided in advance in appropriations Acts.
From funds previously appropriated for this purpose,
any unobligated balances at the end of fiscal year 2002 shall
be available to continue Federal-State partnerships which
will evaluate means to promote Medicare buy-in programs
targeted to elderly and disabled individuals under titles
XVIII and XIX of the Social Security Act.
OFFICE OF INSPECTOR GENERAL
(INCLUDING TRANSFER OF FUNDS)
For expenses necessary for the Office of Inspector Gen-
eral in carrying out the provisions of the Inspector General
Act of 1978, as amended, $21,000,000, together with not to
exceed $62,000,000, to be transferred and expended as au-
thorized by section 201(g)(1) of the Social Security Act from
the Federal Old-Age and Survivors Insurance Trust Fund
and the Federal Disability Insurance Trust Fund.
In addition, an amount not to exceed 3 percent of the
total provided in this appropriation may be transferred
from the ‘‘Limitation on Administrative Expenses’’, Social
Security Administration, to be merged with this account,
to be available for the time and purposes for which this
account is available: Provided, That notice of such transfers
shall be transmitted promptly to the Committees on Appro-
priations of the House and Senate.
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UNITED STATES INSTITUTE OF PEACE
OPERATING EXPENSES
For necessary expenses of the United States Institute
of Peace as authorized in the United States Institute of
Peace Act, $16,200,000.
TITLE V—GENERAL PROVISIONS
SEC. 501. The Secretaries of Labor, Health and
Human Services, and Education are authorized to transfer
unexpended balances of prior appropriations to accounts
corresponding to current appropriations provided in this
Act: Provided, That such transferred balances are used for
the same purpose, and for the same periods of time, for
which they were originally appropriated.
SEC. 502. No part of any appropriation contained in
this Act shall remain available for obligation beyond the
current fiscal year unless expressly so provided herein.
SEC. 503. (a) No part of any appropriation contained
in this Act shall be used, other than for normal and recog-
nized executive-legislative relationships, for publicity or
propaganda purposes, for the preparation, distribution, or
use of any kit, pamphlet, booklet, publication, radio, tele-
vision, or video presentation designed to support or defeat
legislation pending before the Congress or any State legisla-
ture, except in presentation to the Congress or any State
legislature itself.
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(b) No part of any appropriation contained in this
Act shall be used to pay the salary or expenses of any grant
or contract recipient, or agent acting for such recipient, re-
lated to any activity designed to influence legislation or ap-
propriations pending before the Congress or any State legis-
lature.
SEC. 504. The Secretaries of Labor and Education are
authorized to make available not to exceed $28,000 and
$20,000, respectively, from funds available for salaries and
expenses under titles I and III, respectively, for official re-
ception and representation expenses; the Director of the
Federal Mediation and Conciliation Service is authorized
to make available for official reception and representation
expenses not to exceed $5,000 from the funds available for
‘‘Salaries and expenses, Federal Mediation and Concilia-
tion Service’’; and the Chairman of the National Mediation
Board is authorized to make available for official reception
and representation expenses not to exceed $5,000 from funds
available for ‘‘Salaries and expenses, National Mediation
Board’’.
SEC. 505. Notwithstanding any other provision of this
Act, no funds appropriated under this Act shall be used to
carry out any program of distributing sterile needles or sy-
ringes for the hypodermic injection of any illegal drug.
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SEC. 506. (a) It is the sense of the Congress that, to
the greatest extent practicable, all equipment and products
purchased with funds made available in this Act should be
American-made.
(b) In providing financial assistance to, or entering
into any contract with, any entity using funds made avail-
able in this Act, the head of each Federal agency, to the
greatest extent practicable, shall provide to such entity a
notice describing the statement made in subsection (a) by
the Congress.
(c) If it has been finally determined by a court or Fed-
eral agency that any person intentionally affixed a label
bearing a ‘‘Made in America’’ inscription, or any inscrip-
tion with the same meaning, to any product sold in or
shipped to the United States that is not made in the United
States, the person shall be ineligible to receive any contract
or subcontract made with funds made available in this Act,
pursuant to the debarment, suspension, and ineligibility
procedures described in sections 9.400 through 9.409 of title
48, Code of Federal Regulations.
SEC. 507. When issuing statements, press releases, re-
quests for proposals, bid solicitations and other documents
describing projects or programs funded in whole or in part
with Federal money, all grantees receiving Federal funds
included in this Act, including but not limited to State and
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local governments and recipients of Federal research grants,
shall clearly state: (1) the percentage of the total costs of
the program or project which will be financed with Federal
money; (2) the dollar amount of Federal funds for the
project or program; and (3) percentage and dollar amount
of the total costs of the project or program that will be fi-
nanced by non-governmental sources.
SEC. 508. (a) None of the funds appropriated under
this Act, and none of the funds in any trust fund to which
funds are appropriated under this Act, shall be expended
for any abortion.
(b) None of the funds appropriated under this Act, and
none of the funds in any trust fund to which funds are
appropriated under this Act, shall be expended for health
benefits coverage that includes coverage of abortion.
(c) The term ‘‘health benefits coverage’’ means the
package of services covered by a managed care provider or
organization pursuant to a contract or other arrangement.
SEC. 509. (a) The limitations established in the pre-
ceding section shall not apply to an abortion—
(1) if the pregnancy is the result of an act of
rape or incest; or
(2) in the case where a woman suffers from a
physical disorder, physical injury, or physical illness,
including a life-endangering physical condition
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HJ 2 EAS
caused by or arising from the pregnancy itself, that
would, as certified by a physician, place the woman
in danger of death unless an abortion is performed.
(b) Nothing in the preceding section shall be construed
as prohibiting the expenditure by a State, locality, entity,
or private person of State, local, or private funds (other
than a State’s or locality’s contribution of Medicaid match-
ing funds).
(c) Nothing in the preceding section shall be construed
as restricting the ability of any managed care provider
from offering abortion coverage or the ability of a State or
locality to contract separately with such a provider for such
coverage with State funds (other than a State’s or locality’s
contribution of Medicaid matching funds).
SEC. 510. (a) None of the funds made available in this
Act may be used for—
(1) the creation of a human embryo or embryos
for research purposes; or
(2) research in which a human embryo or em-
bryos are destroyed, discarded, or knowingly subjected
to risk of injury or death greater than that allowed
for research on fetuses in utero under 45 CFR
46.208(a)(2) and section 498(b) of the Public Health
Service Act (42 U.S.C. 289g(b)).
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(b) For purposes of this section, the term ‘‘human em-
bryo or embryos’’ includes any organism, not protected as
a human subject under 45 CFR 46 as of the date of the
enactment of this Act, that is derived by fertilization, par-
thenogenesis, cloning, or any other means from one or more
human gametes or human diploid cells.
SEC. 511. (a) None of the funds made available in this
Act may be used for any activity that promotes the legaliza-
tion of any drug or other substance included in schedule
I of the schedules of controlled substances established by sec-
tion 202 of the Controlled Substances Act (21 U.S.C. 812).
(b) The limitation in subsection (a) shall not apply
when there is significant medical evidence of a therapeutic
advantage to the use of such drug or other substance or that
federally sponsored clinical trials are being conducted to de-
termine therapeutic advantage.
SEC. 512. None of the funds made available in this
Act may be obligated or expended to enter into or renew
a contract with an entity if—
(1) such entity is otherwise a contractor with the
United States and is subject to the requirement in
section 4212(d) of title 38, United States Code, re-
garding submission of an annual report to the Sec-
retary of Labor concerning employment of certain vet-
erans; and
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(2) such entity has not submitted a report as re-
quired by that section for the most recent year for
which such requirement was applicable to such entity.
SEC. 513. None of the funds made available in this
Act may be used to promulgate or adopt any final standard
under section 1173(b) of the Social Security Act (42 U.S.C.
1320d–2(b)) providing for, or providing for the assignment
of, a unique health identifier for an individual (except in
an individual’s capacity as an employer or a health care
provider), until legislation is enacted specifically approving
the standard.
SEC. 514. (a) Section 1708 of the United States Insti-
tute of Peace Act (22 U.S.C. 4607) is amended in subsection
(g), by striking ‘‘on or before December 31, 1970’’.
(b) Section 1710 of the United States Institute of Peace
Act (22 U.S.C. 4609) is amended in subsection (a)(1), by
striking the numeral ‘‘4’’ preceding the phrase ‘‘succeeding
fiscal years’’ and inserting the numeral ‘‘5’’.
SEC. 515. Of the budgetary resources available to the
Departments of Labor, Health and Human Services, and
Education in this Act for salaries and expenses during fis-
cal year 2003, $138,264,000, to be allocated by the Office
of Management and Budget, are permanently canceled.
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HJ 2 EAS
This division may be cited as the ‘‘Departments of
Labor, Health and Human Services, and Education, and
Related Agencies Appropriations Act, 2003’’.
DIVISION H—LEGISLATIVE BRANCH
APPROPRIATIONS, 2003
Making appropriations for the Legislative Branch for the
fiscal year ending September 30, 2003, and for other
purposes.
That the following sums are appropriated, out of any
money in the Treasury not otherwise appropriated, for the
Legislative Branch for the fiscal year ending September 30,
2003, and for other purposes, namely:
TITLE I—LEGISLATIVE BRANCH
APPROPRIATIONS
SENATE
PAYMENT TO WIDOWS AND HEIRS OF DECEASED
MEMBERS OF CONGRESS
For a payment to Paul David Wellstone, Jr., son of
Paul David Wellstone, late a Senator from Minnesota,
$50,000; Mark D. Wellstone, son of Paul David Wellstone,
late a Senator from Minnesota, $50,000; and Michael
Kerner, Guardian of the Estate of Joshua Kerner, for Josh-
ua Kerner, minor, son of Marcia Wellstone Markuson, de-
ceased, daughter of Paul David Wellstone, late a Senator
from Minnesota, $50,000.
724
HJ 2 EAS
EXPENSE ALLOWANCES
For expense allowances of the Vice President, $20,000;
the President Pro Tempore of the Senate, $20,000; Majority
Leader of the Senate, $20,000; Minority Leader of the Sen-
ate, $20,000; Majority Whip of the Senate, $10,000; Minor-
ity Whip of the Senate, $10,000; President Pro Tempore
emeritus, $7,500; Chairmen of the Majority and Minority
Conference Committees, $5,000 for each Chairman; and
Chairmen of the Majority and Minority Policy Committees,
$5,000 for each Chairman; in all, $127,500.
REPRESENTATION ALLOWANCES FOR THE MAJORITY AND
MINORITY LEADERS
For representation allowances of the Majority and Mi-
nority Leaders of the Senate, $15,000 for each such Leader;
in all, $30,000.
SALARIES, OFFICERS AND EMPLOYEES
For compensation of officers, employees, and others as
authorized by law, including agency contributions,
$117,041,000, which shall be paid from this appropriation
without regard to the following limitations:
OFFICE OF THE VICE PRESIDENT
For the Office of the Vice President, $1,949,000.
OFFICE OF THE PRESIDENT PRO TEMPORE
For the Office of the President Pro Tempore, $518,000.
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HJ 2 EAS
OFFICE OF THE PRESIDENT PRO TEMPORE EMERITUS
For the Office of the President Pro Tempore emeritus,
$150,000.
OFFICES OF THE MAJORITY AND MINORITY LEADERS
For Offices of the Majority and Minority Leaders,
$3,094,000.
OFFICES OF THE MAJORITY AND MINORITY WHIPS
For Offices of the Majority and Minority Whips,
$2,042,000.
COMMITTEE ON APPROPRIATIONS
For salaries of the Committee on Appropriations,
$11,266,000.
CONFERENCE COMMITTEES
For the Conference of the Majority and the Conference
of the Minority, at rates of compensation to be fixed by the
Chairman of each such committee, $1,305,000 for each such
committee; in all, $2,610,000.
OFFICES OF THE SECRETARIES OF THE CONFERENCE OF
THE MAJORITY AND THE CONFERENCE OF THE MINORITY
For Offices of the Secretaries of the Conference of the
Majority and the Conference of the Minority, $648,000.
POLICY COMMITTEES
For salaries of the Majority Policy Committee and the
Minority Policy Committee, $1,362,000 for each such com-
mittee; in all, $2,724,000.
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HJ 2 EAS
OFFICE OF THE CHAPLAIN
For Office of the Chaplain, $315,000.
OFFICE OF THE SECRETARY
For Office of the Secretary, $17,079,000.
OFFICE OF THE SERGEANT AT ARMS AND DOORKEEPER
For Office of the Sergeant at Arms and Doorkeeper,
$43,161,000.
OFFICES OF THE SECRETARIES FOR THE MAJORITY AND
MINORITY
For Offices of the Secretary for the Majority and the
Secretary for the Minority, $1,410,000.
AGENCY CONTRIBUTIONS AND RELATED EXPENSES
For agency contributions for employee benefits, as au-
thorized by law, and related expenses, $30,075,000.
OFFICE OF THE LEGISLATIVE COUNSEL OF THE SENATE
For salaries and expenses of the Office of the Legisla-
tive Counsel of the Senate, $4,581,000.
OFFICE OF SENATE LEGAL COUNSEL
For salaries and expenses of the Office of Senate Legal
Counsel, $1,176,000.
EXPENSE ALLOWANCES OF THE SECRETARY OF THE SEN-
ATE, SERGEANT AT ARMS AND DOORKEEPER OF THE
SENATE, AND SECRETARIES FOR THE MAJORITY AND
MINORITY OF THE SENATE
For expense allowances of the Secretary of the Senate,
$3,000; Sergeant at Arms and Doorkeeper of the Senate,
727
HJ 2 EAS
$3,000; Secretary for the Majority of the Senate, $3,000;
Secretary for the Minority of the Senate, $3,000; in all,
$12,000.
CONTINGENT EXPENSES OF THE SENATE
INQUIRIES AND INVESTIGATIONS
For expenses of inquiries and investigations ordered
by the Senate, or conducted under section 134(a) of Public
Law 601, Seventy-ninth Congress section 112 of Public Law
96–304 and Senate Resolution 281, agreed to March 11,
1980, $109,450,000.
EXPENSES OF THE UNITED STATES SENATE CAUCUS ON
INTERNATIONAL NARCOTICS CONTROL
For expenses of the United States Senate Caucus on
International Narcotics Control, $520,000.
SECRETARY OF THE SENATE
For expenses of the Office of the Secretary of the Sen-
ate, $7,077,000, of which $5,000,000 shall remain available
until September 30, 2007.
SERGEANT AT ARMS AND DOORKEEPER OF THE SENATE
For expenses of the Office of the Sergeant at Arms and
Doorkeeper of the Senate, $114,423,000, of which
$9,570,000 shall remain available until September 30,
2005, and of which $13,574,000 shall remain available
until September 30, 2007.
728
HJ 2 EAS
MISCELLANEOUS ITEMS
For miscellaneous items, $18,355,500, of which up to
$500,000 shall be made available for a pilot program for
mailings of postal patron postcards by Senators for the pur-
pose of providing notice of a town meeting by a Senator
in a county (or equivalent unit of local government) with
a population of less than 250,000 and at which the Senator
will personally attend: Provided, That any amount allo-
cated to a Senator for such mailing shall not exceed 50 per-
cent of the cost of the mailing and the remaining cost shall
be paid by the Senator from other funds available to the
Senator: Provided further, That not later than October 31,
2003, the Sergeant at Arms and Doorkeeper of the Senate
shall submit a report to the Committee on Rules and Ad-
ministration and Committee on Appropriations of the Sen-
ate on the results of the program.
SENATORS’ OFFICIAL PERSONNEL AND OFFICE EXPENSE
ACCOUNT
For Senators’ Official Personnel and Office Expense
Account, $294,545,000.
OFFICIAL MAIL COSTS
For expenses necessary for official mail costs of the
Senate, $300,000.
ADMINISTRATIVE PROVISIONS
SEC. 1. (a) Section 111 of title 3, United States Code,
is amended by striking ‘‘$10,000’’ and inserting ‘‘$20,000’’.
729
HJ 2 EAS
(b) The matter under the subheading ‘‘EXPENSE AL-
LOWANCES OF THE VICE PRESIDENT, PRESIDENT PRO TEM-
PORE, MAJORITY AND MINORITY LEADERS AND MAJORITY
AND MINORITY WHIPS’’ under the heading ‘‘LEGISLATIVE
BRANCH’’ under chapter VI of title I of the Second Sup-
plemental Appropriations Act, 1978 (Public Law 95–355;
92 Stat. 532) is amended—
(1) in the second sentence (2 U.S.C. 31a–1) (re-
lating to the Majority and Minority Leaders of the
Senate) 
by 
striking 
‘‘$10,000’’ 
and 
inserting
‘‘$20,000’’; and
(2) in the third sentence (2 U.S.C. 32b) (relating
to the President pro tempore) by striking ‘‘$10,000’’
and inserting ‘‘$20,000’’.
(c) The matter under the subheading ‘‘EXPENSE AL-
LOWANCES OF THE VICE PRESIDENT, THE PRESIDENT PRO
TEMPORE, MAJORITY AND MINORITY LEADERS, AND MAJOR-
ITY AND MINORITY WHIPS’’ under the heading ‘‘LEGISLA-
TIVE BRANCH’’ under chapter IX of title I of the Supple-
mental Appropriations Act, 1983 (2 U.S.C. 31a–1; Public
Law 98–63; 97 Stat. 333) (relating to the Majority and
Minority Whips) is amended by striking ‘‘not exceed
$5,000’’ and inserting ‘‘not exceed $10,000’’.
(d) The matter under the subheading ‘‘EXPENSE AL-
LOWANCES OF THE VICE PRESIDENT, THE PRESIDENT PRO
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HJ 2 EAS
TEMPORE, MAJORITY AND MINORITY LEADERS, THE MA-
JORITY AND MINORITY WHIPS, AND THE CHAIRMEN OF THE
MAJORITY
AND MINORITY CONFERENCE COMMITTEES’’
under the heading ‘‘LEGISLATIVE BRANCH’’ under
chapter IX of title I of the Supplemental Appropriations
Act, 1985 (2 U.S.C. 31a–3; Public Law 99–88; 99 Stat.
348) (relating to the Chairmen of the Majority and Minor-
ity Conference Committees) is amended by striking ‘‘not ex-
ceed $3,000’’ and inserting ‘‘not exceed $5,000’’.
(e) Section 5 of title I of the Legislative Branch Appro-
priations Act, 2001, as enacted into law by section 1(a)
of Public Law 106–554 (2 U.S.C. 31a–4; 114 Stat. 2763A–
97) (relating to the Chairmen of the Majority and Minority
Policy Committees) is amended by striking ‘‘$3,000’’ and
inserting ‘‘$5,000’’.
(f) The amendments made by this section shall apply
to fiscal year 2003 and each fiscal year thereafter.
SEC. 2. (a) The matter under the subheading ‘‘STA-
TIONERY (REVOLVING FUND)’’ under the heading ‘‘CONTIN-
GENT EXPENSES
OF
THE SENATE’’ under the heading
‘‘LEGISLATIVE BRANCH’’ under chapter VII of title I
of the Second Supplemental Appropriations Act, 1975 (2
U.S.C. 46a; Public Law 94–32; 89 Stat. 182) is amended
by striking ‘‘$4,500’’ and inserting ‘‘$8,000’’.
731
HJ 2 EAS
(b) The amendment made by this section shall apply
to fiscal year 2003 and each fiscal year thereafter.
SEC. 3. Effective on and after October 1, 2002, each
of the dollar amounts contained in the table under section
105(d)(1)(A) of the Legislative Branch Appropriations Act,
1968 (2 U.S.C. 61–1(d)(1)(A)) shall be deemed to be the
dollar amounts in that table, as adjusted by law and in
effect on September 30, 2002, increased by an additional
$50,000 each.
SEC. 4. (a) The Majority Policy Committee, Minority
Policy Committee, Conference of the Majority, and Con-
ference of the Minority of the Senate are authorized, in the
discretion of each committee or conference, with the prior
consent of the Government department or agency concerned
and the Committee on Rules and Administration of the
Senate to use, on a reimbursable or nonreimbursable basis,
the services of personnel of any such department or agency.
(b) This section shall apply to fiscal year 2003 and
each fiscal year thereafter.
SEC. 5. PUBLIC SAFETY EXCEPTION TO INSCRIPTIONS
REQUIREMENT ON MOBILE OFFICES. (a) IN GENERAL.—
Section 3(f)(3) under the subheading ‘‘ADMINISTRATIVE
PROVISIONS’’ under the heading ‘‘SENATE’’ in the Legisla-
tive Branch Appropriation Act, 1975 (2 U.S.C. 59(f)(3))
732
HJ 2 EAS
is amended by adding at the end the following flush sen-
tence:
‘‘The Committee on Rules and Administration of the Senate
may prescribe regulations to waive or modify the require-
ment under subparagraph (B) if such waiver or modifica-
tion is necessary to provide for the public safety of a Sen-
ator and the Senator’s staff and constituents.’’.
(b) EFFECTIVE DATE.—The amendment made by this
section shall take effect on the date of enactment of this Act
and apply to fiscal year 2003 and each fiscal year there-
after.
SEC. 6. MULTI-YEAR CONTRACTING AUTHORITY. (a)
Subject to regulations prescribed by the Committee on Rules
and Administration of the Senate, the Secretary and the
Sergeant at Arms and Doorkeeper of the Senate may—
(1) enter into contracts for the acquisition of sev-
erable services for a period that begins in one fiscal
year and ends in the next fiscal year to the same ex-
tent and under the same conditions as the head of an
executive agency under the authority of section 303L
of the Federal Property and Administrative Services
Act of 1949 (41 U.S.C. 253l); and
(2) enter into multiyear contracts for the acqui-
sition of property and services to the same extent and
under the same conditions as the head of an executive
733
HJ 2 EAS
agency under the authority of section 304B of the
Federal Property and Administrative Services Act of
1949 (41 U.S.C. 254c).
(b) This section shall take effect on October 1, 2002,
and shall apply in fiscal year 2003 and successive fiscal
years.
SEC. 7. CONSULTANTS. (a) IN GENERAL.—Section 101
of the Supplemental Appropriations Act, 1977 (2 U.S.C.
61h–6) is amended—
(1) in subsection (a), in the first sentence by
striking ‘‘six individual consultants’’ and inserting
‘‘eight individual consultants’’; and
(2) by adding at the end the following:
‘‘(C) Each appointing authority under subsection (a)
may designate the title of the position of any individual
appointed under that subsection.’’.
(b) EFFECTIVE DATE.—This section shall apply to fis-
cal year 2003 and each fiscal year thereafter.
SEC. 8. OFFICE OF THE PRESIDENT PRO TEMPORE
EMERITUS OF THE SENATE. (a) ESTABLISHMENT.—There
is established the Office of the President pro tempore emer-
itus of the Senate.
(b) DESIGNATION.—Any Member of the Senate who—
734
HJ 2 EAS
(1) is designated by the Senate as the President
pro tempore emeritus of the United States Senate;
and
(2) is serving as a Member of the Senate,
shall be the President pro tempore emeritus of the United
States Senate.
(c) APPOINTMENT AND COMPENSATION OF EMPLOY-
EES.—The President pro tempore emeritus is authorized to
appoint and fix the compensation of such employees as the
President pro tempore emeritus determines appropriate.
(d) EXPENSE ALLOWANCE.—There is authorized an
expense allowance for the President pro tempore emeritus
which shall not exceed $7,500 each fiscal year. The Presi-
dent pro tempore emeritus may receive the expense allow-
ance (1) as reimbursement for actual expenses incurred
upon certification and documentation of such expenses by
the President pro tempore emeritus, or (2) in equal monthly
payments. Such amounts paid to the President pro tempore
emeritus as reimbursement of actual expenses incurred
upon certification and documentation under this sub-
section, shall not be reported as income, and the expenses
so reimbursed shall not be allowed as a deduction under
the Internal Revenue Code of 1986.
735
HJ 2 EAS
(e) EFFECTIVE DATE.—This section shall take effect on
the date of enactment of this Act and shall apply only with
respect to the 108th Congress.
JOINT ITEMS
For Joint Committees, as follows:
JOINT ECONOMIC COMMITTEE
For salaries and expenses of the Joint Economic Com-
mittee, $3,658,000, to be disbursed by the Secretary of the
Senate.
JOINT COMMITTEE ON TAXATION
For salaries and expenses of the Joint Committee on
Taxation, $7,323,000, to be disbursed by the Chief Adminis-
trative Officer of the House.
For other joint items, as follows:
OFFICE OF THE ATTENDING PHYSICIAN
For medical supplies, equipment, and contingent ex-
penses of the emergency rooms, and for the Attending Physi-
cian and his assistants, including: (1) an allowance of
$2,175 per month to the Attending Physician; (2) an allow-
ance of $725 per month each to four medical officers while
on duty in the Office of the Attending Physician; (3) an
allowance of $725 per month to two assistants and $580
per month each not to exceed 11 assistants on the basis here-
tofore provided for such assistants; and (4) $1,414,000 for
reimbursement to the Department of the Navy for expenses
736
HJ 2 EAS
incurred for staff and equipment assigned to the Office of
the Attending Physician, which shall be advanced and cred-
ited to the applicable appropriation or appropriations from
which such salaries, allowances, and other expenses are pay-
able and shall be available for all the purposes thereof,
$3,000,000, of which $300,000 shall remain available until
expended, to be disbursed by the Chief Administrative Offi-
cer of the House of Representatives.
CAPITOL GUIDE SERVICE AND SPECIAL SERVICES OFFICE
For salaries and expenses of the Capitol Guide Service
and Special Services Office, $3,035,000, to be disbursed by
the Secretary of the Senate: Provided, That no part of such
amount may be used to employ more than 58 individuals:
Provided further, That the Capitol Guide Board is author-
ized, during emergencies, to employ not more than two ad-
ditional individuals for not more than 120 days each, and
not more than 10 additional individuals for not more than
6 months each, for the Capitol Guide Service.
STATEMENTS OF APPROPRIATIONS
For the preparation, under the direction of the Com-
mittees on Appropriations of the Senate and the House of
Representatives, of the statements for the second session of
the One Hundred Seventh Congress, showing appropria-
tions made, indefinite appropriations, and contracts au-
thorized, together with a chronological history of the regular
737
HJ 2 EAS
appropriations bills as required by law, $30,000, to be paid
to the persons designated by the chairmen of such commit-
tees to supervise the work.
CAPITOL POLICE
SALARIES
For salaries of employees of the Capitol Police, includ-
ing overtime, hazardous duty pay differential, and Govern-
ment contributions for health, retirement, Social Security,
and other applicable employee benefits, $175,675,000, to be
disbursed by the Chief of the Capitol Police or his designee.
GENERAL EXPENSES
For necessary expenses of the Capitol Police, including
motor vehicles, communications and other equipment, secu-
rity equipment and installation, uniforms, weapons, sup-
plies, materials, training, medical services, forensic services,
stenographic services, personal and professional services, the
employee assistance program, the awards program, postage,
communication services, travel advances, relocation of in-
structor and liaison personnel for the Federal Law Enforce-
ment Training Center, and not more than $5,000 to be ex-
pended on the certification of the Chief of the Capitol Police
in connection with official representation and reception ex-
penses, $28,100,000, to be disbursed by the Chief of the Cap-
itol Police or his designee: Provided, That, notwithstanding
any other provision of law, the cost of basic training for
738
HJ 2 EAS
the Capitol Police at the Federal Law Enforcement Train-
ing Center for fiscal year 2003 shall be paid by the Sec-
retary of Homeland Security from funds available to the
Department of Homeland Security.
ADMINISTRATIVE PROVISIONS
(INCLUDING TRANSFER OF FUNDS)
SEC. 1001. TRANSFER AUTHORITY.—Amounts appro-
priated for fiscal year 2003 for the Capitol Police may be
transferred between the headings ‘‘SALARIES’’ and ‘‘GEN-
ERAL EXPENSES’’ upon the approval of the Committees on
Appropriations of the Senate and the House of Representa-
tives.
SEC. 1002. CAPITOL POLICE CONTRACT AUTHORITY.
(a) IN GENERAL.—The United States Capitol Police may—
(1) enter into contracts for the acquisition of sev-
erable services for a period that begins in 1 fiscal
year and ends in the next fiscal year to the same ex-
tent as the head of an executive agency under the au-
thority of section 303L of the Federal Property and
Administrative Services Act of 1949 (41 U.S.C. 253l);
and
(2) enter into multiyear contracts for the acqui-
sitions of property and nonaudit-related services to
the same extent as executive agencies under the au-
739
HJ 2 EAS
thority of section 304B of the Federal Property and
Administrative Services Act of 1949 (41 U.S.C. 254c).
(b) EFFECTIVE DATE.—This section shall apply to fis-
cal year 2003 and each fiscal year thereafter.
SEC. 1003. DISPOSAL OF SURPLUS PROPERTY. (a) IN
GENERAL.—Within the limits of available appropriations,
the Capitol Police may dispose of surplus or obsolete prop-
erty of the Capitol Police by interagency transfer, donation,
sale, trade-in, or other appropriate method.
(b) AMOUNTS RECEIVED.—Any amounts received by
the Capitol Police from the disposition of property under
subsection (a) shall be credited to the account established
for the general expenses of the Capitol Police, and shall be
available to carry out the purposes of such account during
the fiscal year in which the amounts are received and the
following fiscal year.
(c) EFFECTIVE DATEection shall apply to fiscal year
2003 and each fiscal year thereafter.
SEC. 1004. RECRUITMENT
AND RELOCATION BO-
NUSES. Section 909 of the Emergency Supplemental Act,
2002 (Public Law 107–117; 115 Stat. 2320) is amended—
(1) in subsection (a)—
(A) in paragraph (1), by striking ‘‘the
Board determines that the Capitol Police would
be likely, in the absence of such a bonus, to en-
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HJ 2 EAS
counter difficulty in filling the position’’ and in-
serting ‘‘the Chief, in the Chief’s sole discretion,
determines that such a bonus will assist the Cap-
itol Police in recruitment efforts’’; and
(B) by adding at the end the following:
‘‘(6) DETERMINATION NOT APPEALABLE OR RE-
VIEWABLE.—Any determination of the Chief under
this subsection shall not be appealable or reviewable
in any manner.’’;
(2) by striking subsections (e) and (f)(2); and
(3) by redesignating subsections (f) and (g) as
subsections (e) and (f), respectively.
SEC. 1005. RECRUITMENT OF INDIVIDUALS WITHOUT
REGARD TO AGE. (a) IN GENERAL.—The Chief of the Cap-
itol Police shall carry out any activities and programs to
recruit individuals to serve as members of the Capitol Police
without regard to the age of the individuals.
(b) RULE OF CONSTRUCTION.—Nothing in this sub-
section may be construed to affect any provision of law of
any rule or regulation providing for the mandatory separa-
tion of members of the Capitol Police on the basis of age,
or any provision of law or any rule or regulation regarding
the calculation of retirement or other benefits for members
of the Capitol Police.
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HJ 2 EAS
SEC. 1006. RETENTION ALLOWANCES. Section 909(b)
of the Emergency Supplemental Act, 2002 (Public Law
107–117; 115 Stat. 2320) is amended—
(1) in paragraph (1)—
(A) by striking subparagraphs (A) and (B);
and
(B) by striking ‘‘if—’’ and inserting ‘‘if the
Chief, in the Chief’s sole discretion, determines
that such a bonus will assist the Capitol Police
in retention efforts.’’; and
(2) in paragraph (3), by striking ‘‘the reduction
or the elimination of a retention allowance may not
be appealed’’ and inserting ‘‘any determination of the
Chief under this subsection, or the reduction or elimi-
nation of a retention allowance, shall not be appeal-
able or reviewable in any manner’’.
SEC. 1007. EDUCATIONAL ASSISTANCE PROGRAM. Sec-
tion 908 of the Emergency Supplemental Act, 2002 (2
U.S.C. 1924; Public Law 107–117; 115 Stat. 2319) is
amended to read as follows:
‘‘EDUCATIONAL ASSISTANCE PROGRAM FOR EMPLOYEES
‘‘SEC. 908. (a) ESTABLISHMENT.—In order to recruit
or retain qualified personnel, the Chief of the Capitol Police
may establish an educational assistance program for em-
ployees of the Capitol Police under which the Capitol Police
may agree—
742
HJ 2 EAS
‘‘(1) to repay (by direct payments on behalf of
the participating employee) all or any portion of a
student loan previously taken out by the employee;
‘‘(2) to make direct payments to an educational
institution on behalf of a participating employee or
to reimburse a participating employee for all or any
portion of any tuition or related educational expenses
paid by the employee.
‘‘(b) SPECIAL RULES FOR STUDENT LOAN REPAY-
MENTS.—
‘‘(1) APPLICATION OF REGULATIONS UNDER EX-
ECUTIVE BRANCH PROGRAM.—In carrying out sub-
section (a)(1), the Capitol Police Board may, by regu-
lation, make applicable such provisions of section
5379 of title 5, United States Code, as the Board de-
termines necessary to provide for such program.
‘‘(2) RESTRICTIONS
ON
PRIOR
REIMBURSE-
MENTS.—The Capitol Police may not reimburse any
individual under subsection (a)(1) for any repay-
ments made by the individual prior to entering into
an agreement with the Capitol Police to participate
in the program under this section.
‘‘(3) USE
OF
RECOVERED
AMOUNTS.—Any
amount repaid by, or recovered from, an individual
under subsection (a)(1) and its implementing regula-
743
HJ 2 EAS
tions shall be credited to the appropriation account
available for salaries and expenses of the Capitol Po-
lice at the time of repayment or recovery. Such cred-
ited amount may be used for any authorized purpose
of the account and shall remain available until ex-
pended.
‘‘(c) LIMIT ON AMOUNT OF PAYMENTS.—The total
amount paid by the Capitol Police with respect to any indi-
vidual under the program under this section may not exceed
$40,000.
‘‘(d) NO REVIEW OF DETERMINATIONS.—Any deter-
mination made under the program under this section shall
not be reviewable or appealable in any manner.
‘‘(e) EFFECTIVE DATE.—This section shall apply with
respect to fiscal year 2003 and each succeeding fiscal year.’’.
SEC. 1008. APPLICABLE PAY RATE UPON APPOINT-
MENT. (a) IN GENERAL.—Notwithstanding any other provi-
sion of law, the rate of basic pay payable to an individual
upon appointment to a position with the Capitol Police
shall be at a rate within the minimum and maximum pay
rates applicable to the position.
(b) EFFECTIVE DATE.—This section shall apply to fis-
cal year 2003 and each fiscal year thereafter.
SEC. 1009. OVERTIME COMPENSATION FOR OFFICERS
AT RANK OF LIEUTENANT OR HIGHER. (a) IN GENERAL.—
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HJ 2 EAS
The Chief of the Capitol Police may provide for the com-
pensation of overtime work of officers of the Capitol Police
at the rank of lieutenant and higher. Nothing in this sub-
section may be construed to affect the compensation of over-
time work of officers of the Capitol Police at any rank not
described in the previous sentence.
(b) TERMS AND CONDITIONS.—In providing for the
compensation of overtime work under this section, the Chief
shall provide the compensation in the same manner and
subject to the same terms and conditions which are applica-
ble to the compensation of overtime work of officers and
members of the United States Secret Service Uniformed Di-
vision and the United States Park Police who serve at the
rank of lieutenant and higher, in accordance with section
1 of the Act entitled ‘‘An Act to provide a 5-day week for
officers and members of the Metropolitan Police force, the
United States Park Police force, and the White House Police
force, and for other purposes’’, approved August 15, 1950
(sec. 5–1304, D.C. Official Code).
SEC. 1010. TRAINING PROGRAMS FOR PERSONNEL. (a)
IN GENERAL.—Chapter 41 of title 5, United States Code,
is amended by adding at the end the following new section:
‘‘§ 4120. Training for employees of the Capitol Police
‘‘(a) The Chief of the Capitol Police may, by regula-
tion, make applicable such provisions of this chapter as the
745
HJ 2 EAS
Chief determines necessary to provide for training of em-
ployees of the Capitol Police. The regulations shall provide
for training which, in the determination of the Chief, is
consistent with the training provided by agencies under the
preceding sections of this chapter.
‘‘(b) The Office of Personnel Management shall provide
the Chief of the Capitol Police with such advice and assist-
ance as the Chief may request in order to enable the Chief
to carry out the purposes of this section.’’.
(b) CLERICAL AMENDMENT.—The table of sections for
chapter 41 of such title is amended by adding at the end
the following:
‘‘4120. Training for employees of the Capitol Police.’’.
SEC. 1011. ADDITIONAL COMPENSATION FOR EMPLOY-
EES WITH SPECIALTY ASSIGNMENTS AND PROFICIENCIES.
(a) ESTABLISHMENT OF POSITIONS.—The Chief of the Cap-
itol Police may establish and determine, from time to time,
positions in salary classes of employees of the Capitol Police
to be designated as employees with specialty assignments
or proficiencies, based on the experience, education, train-
ing, or other appropriate factors required to carry out the
duties of such employees.
(b) ADDITIONAL COMPENSATION.—In addition to the
regularly scheduled rate of basic pay, each employee holding
a position designated under this section shall receive a per
annum amount determined by the Chief, except that—
746
HJ 2 EAS
(1) such amount may not exceed 25 percent of
the employee’s annual rate of basic pay; and
(2) such amount may not be paid in a calendar
year to the extent that, when added to the total basic
pay paid or payable to such employee for service per-
formed in the year, such amount would cause the
total to exceed the annual rate of basic pay payable
for level II of the Executive Schedule, as of the end
of such year.
(c) MANNER OF PAYMENT.—The additional compensa-
tion authorized by this subsection shall be paid to an em-
ployee in a manner determined by the Chief or his designee
except when the employee ceases to be assigned to the spe-
cialty assignment or ceases to maintain the required pro-
ficiency. The loss of such additional compensation shall not
constitute an adverse action for any purpose.
(d) DETERMINATION NOT APPEALABLE OR REVIEW-
ABLE.—Any determination under section (a) shall not be
appealable or reviewable in any manner.
SEC. 1012. APPLICATION OF PREMIUM PAY LIMITS ON
ANNUALIZED BASIS. (a) IN GENERAL.—Any limits on the
amount of premium pay which may be earned by officers
and members of the Capitol Police during emergencies (as
determined by the Capitol Police Board) shall be applied
by the Chief of the Capitol Police on an annual basis and
747
HJ 2 EAS
not on a pay period basis. Any determination under this
subsection shall not be reviewable or appealable in any
manner.
(b) EFFECTIVE DATE.—Subsection (a) shall apply
with respect to hours of duty occurring on or after Sep-
tember 11, 2001.
SEC. 1013. TRANSFER OF LIBRARY OF CONGRESS PO-
LICE TO THE UNITED STATES CAPITOL POLICE. (a) TRANS-
FER OF LIBRARY OF CONGRESS POLICE TO THE UNITED
STATES CAPITOL POLICE.—
(1) TRANSFER
OF
PERSONNEL
AND
FUNC-
TIONS.—There are transferred to the United States
Capitol Police—
(A) each Library of Congress Police em-
ployee; and
(B) any functions performed under the first
section of the Act of August 4, 1950 (2 U.S.C.
167) and section 9 of that Act (2 U.S.C. 167h)
(as in effect immediately before the effective date
of this section).
(2) EFFECT ON PERSONNEL.—
(A) ANNUAL
AND
SICK
LEAVE.—Any an-
nual or sick leave to the credit of an individual
transferred under paragraph (1) shall be trans-
748
HJ 2 EAS
ferred to the credit of that individual as an em-
ployee of the United States Capitol Police.
(B) SERVICE PERFORMED FOR RETIREMENT
PURPOSES.—For those Library of Congress Po-
lice employees transferred under paragraph
(1)(A), any period of service performed by a Li-
brary of Congress Police employee shall be
deemed to be service performed as a member of
the United States Capitol Police for purposes of
chapters 83 and 84 of title 5, United States
Code.
(C) 
VACANCIES.—Notwithstanding 
any
other provision of law, upon the date of enact-
ment of this section and until completion of the
transfer under paragraph (1), vacancies in Li-
brary of Congress police employee positions, if
filled, shall be filled in accordance with the em-
ployment standards of the United States Capitol
Police, to the extent practicable.
(3) EFFECTIVE
DATE
OF
TRANSFER
OF
PER-
SONNEL AND FUNCTIONS.—Library of Congress em-
ployees transferred to the United States Capitol Police
under paragraph (1)(A), and Library of Congress
functions transferred under paragraph (1)(B) shall be
transferred to the United States Capitol Police as
749
HJ 2 EAS
specified in the implementation plan under subsection
(b)(1), but no later than 3 years after the date of en-
actment of this section.
(b) TRANSITION.—
(1) IMPLEMENTATION PLAN.—
(A) PLAN.—Not later than 180 days after
the date of enactment of this section, the Chief of
the Capitol Police shall prepare and submit to
the appropriate committees of Congress, the Cap-
itol Police Board, and the Librarian of Congress,
a plan—
(i) describing the policies and proce-
dures, and actions the Chief of the Capitol
Police will take in implementing the trans-
fer provisions under this section;
(ii) establishing dates by which Li-
brary of Congress personnel and functions
authorized to be transferred under sub-
section (a)(1) shall be transferred to the
United States Capitol Police, with all such
transfers completed not later than 3 years
after the date of enactment of this section;
(iii) in consultation with the Librar-
ian of Congress, providing for the perform-
ance of law enforcement and protection
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functions relating to the buildings and
grounds of the Library of Congress, includ-
ing collections security, within the overall
security responsibilities of the United States
Capitol Police;
(iv) recommending legislative changes
needed to implement the transfers under
subsection (a)(1), including—
(I) identifying options for ad-
dressing how to apply United States
Capitol Police retirement provisions to
such transferred personnel;
(II) identifying options related to
providing voluntary separation incen-
tives to transferred personnel; and
(III) identifying options to ensure
the Librarian of Congress maintains
appropriate authority to execute his se-
curity responsibilities;
(v) detailing the mechanisms to be used
by the Chief of the Capitol Police for ensur-
ing that Library of Congress employees
transferred to the United States Capitol Po-
lice under subsection (a)(1) are not ad-
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versely affected by the transfer with respect
to pay;
(vi) addressing—
(I) how United States Capitol Po-
lice training and qualification require-
ments will be applied to Library of
Congress employees transferred under
subsection (a)(1); and
(II) the overall training needs of
the merged police force; and
(vii) providing an analysis of the cost
implications of implementing the plan.
(2) IMPLEMENTATION REPORT.—Not later than 1
year after the date of enactment of this section, and
annually thereafter until the transfer is fully imple-
mented, the Chief of the Capitol Police shall prepare
and submit a report to the appropriate committees of
Congress, the Capitol Police Board, and the Librarian
of Congress, on the Chief of the Capitol Police’s
progress in implementing the plan required in para-
graph (1)(A) of this subsection, including any adjust-
ments to cost estimates or legislative changes needed
to implement the provisions of this section.
(c) DEFINITIONS.—In this section—
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(1) the term ‘‘Act of August 4, 1950’’ means the
Act entitled ‘‘An Act relating to the policing of the
buildings and grounds of the Library of Congress’’,
approved August 4, 1950 (2 U.S.C. 167 et seq.); and
(2) the term ‘‘Library of Congress Police
employee’’—
(A) means an employee of the Library of
Congress designated as police under the first sec-
tion of the Act of August 4, 1950 (2 U.S.C. 167)
(as in effect immediately before the effective date
of this section); and
(B) does not include any civilian employee
performing police support functions.
(d) EFFECTIVE DATE.—Except as otherwise provided
in this section, this section shall take effect on the date of
enactment of this section.
SEC. 1014. CLARIFICATION OF AUTHORITY OF CAP-
ITOL POLICE TO POLICE BOTANIC GARDEN. (a) BUILD-
INGS.—Section 5101 of title 40, United States Code, is
amended by inserting ‘‘all buildings on the real property
described under section 5102(c) (including the Administra-
tive Building of the United States Botanic Garden),’’ after
‘‘Capitol Power Plant,’’.
(b) GROUNDS.—Section 5102 of title 40, United States
Code, is amended by adding at the end the following:
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‘‘(c) NATIONAL GARDEN OF THE UNITED STATES BO-
TANIC GARDEN.—
‘‘(1) IN GENERAL.—Except as provided under
paragraph (2), the United States Capitol Grounds
shall include—
‘‘(A) the National Garden of the United
States Botanic Garden;
‘‘(B) all grounds contiguous to the Adminis-
trative Building of the United States Botanic
Garden, including Bartholdi Park; and
‘‘(C) all grounds bounded by the curblines of
First Street, Southwest on the east; Washington
Avenue, Southwest to its intersection with Inde-
pendence Avenue, and Independence Avenue from
such intersection to its intersection with Third
Street, Southwest on the south; Third Street,
Southwest on the west; and Maryland Avenue,
Southwest on the north.
‘‘(2) MAINTENANCE AND IMPROVEMENTS.—Not-
withstanding subsections (a) and (b), jurisdiction and
control over the buildings on the grounds described in
paragraph (1) shall be retained by the Joint Com-
mittee on the Library, and the Joint Committee on
the Library shall continue to be solely responsible for
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the maintenance and improvement of the grounds de-
scribed in such paragraph.
‘‘(3) AUTHORITY NOT LIMITED.—Nothing in this
subsection shall limit the authority of the Architect of
the Capitol under section 307E of the Legislative
Branch Appropriations Act, 1989 (40 U.S.C. 216c).’’.
(c) TECHNICAL AND CONFORMING AMENDMENT.—Sec-
tion 9(a) of the Act of July 31, 1946 (2 U.S.C. 1961(a))
is amended by striking ‘‘sections 193a to 193m, 212a,
212a–2, and 212b of this title and regulations promulgated
under section 212b of this title,’’ and inserting ‘‘this Act
(and regulations promulgated under section 14 of this Act
(2 U.S.C. 1969)), and chapter 51 of title 40, United States
Code,’’.
(d) EFFECTIVE DATE.—The amendments made by this
subsection shall apply to fiscal year 2003 and each fiscal
year thereafter.
SEC. 1015. CAPITOL POLICE SPECIAL OFFICERS. (a)
IN GENERAL.—In the event of an emergency, as determined
by the Capitol Police Board or in a concurrent resolution
of Congress, the Chief of the Capitol Police may appoint—
(1) any law enforcement officer from any Fed-
eral agency or State or local government agency made
available by that agency to serve as a special officer
of the Capitol Police; and
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(2) any member of the uniformed services, in-
cluding members of the National Guard, made avail-
able by the appropriate authority to serve as a special
officer of the Capitol Police.
(b) CONDITIONS
OF APPOINTMENT.—An individual
appointed as a special officer under this section shall—
(1) serve without pay for service performed as a
special officer (other than pay received from the ap-
plicable employing agency or service);
(2) serve as a special officer no longer than a pe-
riod specified at the time of appointment;
(3) not be a Federal employee by reason of serv-
ice as a special officer, except as provided under
paragraph (4); and
(4) shall be an employee of the Government for
purposes of chapter 171 of title 28, United States
Code, if that individual is acting within the scope of
his office or employment in service as a special offi-
cer.
(c) QUALIFICATIONS.—Any individual appointed
under subsection (a) shall be subject to—
(1) qualification requirements as the Chief of the
Capitol Police determines necessary; and
(2) approval by the Capitol Police Board.
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(d) AUTHORITIES AND DUTIES.—During any period
of service as a special officer under this section, a special
officer—
(1) may exercise all authorities and perform all
duties of members of the Capitol Police in any appro-
priate capacity, in the policing, protection, and phys-
ical security responsibilities of the Capitol Police
Board and Capitol Police; and
(2) shall wear an emblem provided by the Chief
of the Capitol Police that designates the wearer as a
special officer.
(e) REIMBURSEMENT AGREEMENTS.—Nothing in this
section shall prohibit the Capitol Police from entering into
an agreement for the reimbursement of services provided
under this section with any Federal, State, or local agency.
(f) REGULATIONS.—The Capitol Police Board may
prescribe regulations to carry out this section.
(g) EFFECTIVE DATE.—This section shall take effect
on the date of enactment of this Act and shall apply to fiscal
year 2003 and each fiscal year thereafter.
SEC. 1016. TRANSFER OF DISBURSING FUNCTION. (a)
IN GENERAL.—
(1) DISBURSING
OFFICER.—The Chief of the
Capitol Police shall be the disbursing officer for the
Capitol Police. Any reference in any law or resolution
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before the date of enactment of this section to funds
paid or disbursed by the Chief Administrative Officer
of the House of Representatives and the Secretary of
the Senate relating to the pay and allowances of Cap-
itol Police employees shall be deemed to refer to the
Chief of the Capitol Police.
(2) TRANSFER.—Any statutory function, duty,
or authority of the Chief Administrative Officer of the
House of Representatives or the Secretary of the Sen-
ate as disbursing officers for the Capitol Police shall
transfer to the Chief of the Capitol Police as the single
disbursing officer for the Capitol Police.
(3) CONTINUITY OF FUNCTION DURING TRANSI-
TION.—Until such time as the Chief notifies the Chief
Administrative Officer of the House of Representa-
tives and the Secretary of the Senate that systems are
in place for discharging the disbursing functions
under this subsection, the House of Representatives
and the Senate shall continue to serve as the dis-
bursing authority on behalf of the Capitol Police.
(b) TREASURY ACCOUNTS.—
(1) SALARIES.—
(A) IN GENERAL.—There is established in
the Treasury of the United States a separate ac-
count for the Capitol Police, into which shall be
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deposited appropriations received by the Chief of
the Capitol Police and available for the salaries
of the Capitol Police.
(B) TRANSFER AUTHORITY DURING TRANSI-
TION.—Until such time as the Chief notifies the
Chief Administrative Officer of the House of
Representatives and the Secretary of the Senate
that systems are in place for discharging the dis-
bursing functions under subsection (a), the Chief
shall have the authority to transfer amounts in
the account to the House of Representatives and
the Senate to the extent necessary to enable the
Chief Administrative Officer of the House of
Representatives and the Secretary of the Senate
to continue to serve as the disbursing authority
on behalf of the Capitol Police pursuant to sub-
section (a)(3).
(2) GENERAL EXPENSES.—There is established
in the Treasury of the United States a separate ac-
count for the Capitol Police, into which shall be de-
posited appropriations received by the Chief of the
Capitol Police and available for the general expenses
of the Capitol Police.
(c) TRANSFER
OF
FUNDS, ASSETS, ACCOUNTS,
RECORDS, AND AUTHORITY.—
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(1) IN GENERAL.—The Chief Administrative Of-
ficer of the House of Representatives and the Sec-
retary of the Senate are authorized and directed to
transfer to the Chief of the Capitol Police all funds,
assets, accounts, and copies of original records of the
Capitol Police that are in the possession or under the
control of the Chief Administrative Officer of the
House of Representatives or the Secretary of the Sen-
ate in order that all such items may be available for
the unified operation of the Capitol Police. Any funds
so transferred shall be deposited in the Treasury ac-
counts established under subsection (b) and be avail-
able to the Chief of the Capitol Police for the same
purposes as, and in like manner and subject to the
same conditions as, the funds prior to the transfer.
(2) 
EXISTING
TRANSFER
AUTHORITY.—Any
transfer authority existing before the date of enact-
ment of this Act granted to the Chief Administrative
Officer of the House of Representatives or the Sec-
retary of the Senate for salaries, expenses, and oper-
ations of the Capitol Police shall be transferred to the
Chief of the Capitol Police.
(d) UNEXPENDED BALANCES.—Except as may other-
wise be provided in law, the unexpended balances of appro-
priations for the fiscal year 2003 and succeeding fiscal
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years that are subject to disbursement by the Chief of the
Capitol Police shall be withdrawn as of September 30 of
the fifth fiscal year following the period or year for which
provided. Unpaid obligations chargeable to any of the bal-
ances so withdrawn or appropriations for prior years shall
be liquidated from any appropriations for the same general
purpose, which, at the time of payment, are available for
disbursement.
(e) HIRING AUTHORITY; ELIGIBILITY FOR SAME BEN-
EFITS AS HOUSE EMPLOYEES.—
(1) AUTHORITY.—
(A) IN GENERAL.—Subject to subparagraph
(B), the Chief of the Capitol Police, in carrying
out the duties of office, is authorized to appoint,
hire, discharge, and set the terms, conditions,
and privileges of employment of employees of the
Capitol Police, subject to and in accordance with
applicable laws and regulations.
(B) REVIEW
OR
APPROVAL.—In carrying
out the authority provided under this paragraph,
the Chief of the Capitol Police shall be subject to
the same statutory requirements for review or
approval by committees of Congress that were
applicable to the Capitol Police Board on the
day before the date of enactment of this Act.
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(2) BENEFITS.—Employees of the Capitol Police
who are appointed by the Chief under the authority
of this subsection shall be subject to the same type of
benefits (including the payment of death gratuities,
the withholding of debt, and health, retirement, Social
Security, and other applicable employee benefits) as
are provided to employees of the House of Representa-
tives, and any such individuals serving as employees
of the Capitol Police as of the date of enactment of
this Act shall be subject to the same rules governing
rights, protections, pay, and benefits in effect imme-
diately before such date until such rules are changed
under applicable laws or regulations.
(f) WORKER’S COMPENSATION.—
(1) ACCOUNT.—There shall be established a sepa-
rate account in the Capitol Police for purposes of
making payments for employees of the Capitol Police
under section 8147 of title 5, United States Code.
(2) PAYMENTS WITHOUT FISCAL YEAR LIMITA-
TION.—Notwithstanding any other provision of law,
payments may be made from the account established
under paragraph (1) of this subsection without regard
to the fiscal year for which the obligation to make
such payments is incurred.
(g) EFFECT ON EXISTING LAW.—
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(1) IN GENERAL.—The provisions of this section
shall not be construed to reduce the pay or benefits of
any employee of the Capitol Police whose pay was
disbursed by the Chief Administrative Officer of the
House of Representatives or the Secretary of the Sen-
ate before the date of enactment of this Act.
(2) SUPERSEDING
PROVISIONS.—All provisions
of law inconsistent with this section are hereby super-
seded to the extent of the inconsistency.
(h) CONFORMING AMENDMENTS.—(1) Section 1821 of
the Revised Statutes of the United States (2 U.S.C. 1901)
is amended by striking the third sentence.
(2) Section 1822 of the Revised Statutes of the United
States (2 U.S.C. 1921) is repealed.
(3) Section 111 of title I of the Act entitled ‘‘Making
supplemental appropriations for the fiscal year ending Sep-
tember 30, 1977, and for other purposes’’, approved May
4, 1977 (2 U.S.C. 64–3), is amended—
(A) by striking ‘‘Secretary of the Senate’’ and
inserting ‘‘Chief of the Capitol Police’’; and
(B) by striking ‘‘United States Senate’’ and in-
serting ‘‘Capitol Police’’.
(i) EFFECTIVE DATE.—This section and the amend-
ments made by this section shall take effect on the date of
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enactment of this Act and shall apply to fiscal year 2003
and each fiscal year thereafter.
SEC. 1017. DEADLINE FOR REGULATIONS. Not later
than 60 days after the date of the enactment of this Act,
the Chief of the Capitol Police shall promulgate any regula-
tions required by Sections 1004, 1006, 1007 and 1011 of
this Act.
OFFICE OF COMPLIANCE
SALARIES AND EXPENSES
For salaries and expenses of the Office of Compliance,
as authorized by section 305 of the Congressional Account-
ability Act of 1995 (2 U.S.C. 1385), $2,059,000, of which
$254,000 shall remain available until September 30, 2004:
Provided, That the Executive Director of the Office of Com-
pliance may have the authority, within the limits of avail-
able appropriations, to dispose of surplus or obsolete per-
sonal property by interagency transfer, donation, or dis-
carding.
CONGRESSIONAL BUDGET OFFICE
SALARIES AND EXPENSES
For salaries and expenses necessary for operation of
the Congressional Budget Office, including not more than
$3,000 to be expended on the certification of the Director
of the Congressional Budget Office in connection with offi-
cial representation and reception expenses, $32,101,000, of
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which not more than $100,000 is to remain available until
September 30, 2006, for the acquisition and partial support
for implementation of a Central Financial Management
System: Provided, That no part of such amount may be
used for the purchase or hire of a passenger motor vehicle.
ADMINISTRATIVE PROVISIONS
SEC. 1101. (a) The Director of the Congressional
Budget Office may, by regulation, make applicable such
provisions of section 3396 of title 5, United States Code,
as the Director determines necessary to establish a program
providing opportunities for employees of the Office to en-
gage in details or other temporary assignments in other
agencies, study or uncompensated work experience which
will contribute to the employees’ development and effective-
ness.
(b) EFFECTIVE DATE.—This section shall apply to fis-
cal year 2003 and each fiscal year thereafter.
SEC. 1102. (a) The Director of the Congressional
Budget Office may enter into agreements or contracts with-
out regard to section 3709 of the Revised Statutes of the
United States (41 U.S.C. 5).
(b) EFFECTIVE DATE.—This section shall apply to fis-
cal year 2003 and each fiscal year thereafter.
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ARCHITECT OF THE CAPITOL
GENERAL ADMINISTRATION
For salaries for the Architect of the Capitol, and other
personal services, at rates of pay provided by law; for sur-
veys and studies in connection with activities under the
care of the Architect of the Capitol; for all necessary ex-
penses for the general and administrative support of the
operations under the Architect of the Capitol including the
Botanic Garden; electrical substations of the Capitol, Sen-
ate and House office buildings, and other facilities under
the jurisdiction of the Architect of the Capitol; including
furnishings and office equipment; including not more than
$5,000 for official reception and representation expenses, to
be expended as the Architect of the Capitol may approve;
for purchase or exchange, maintenance, and operation of
a passenger motor vehicle, $59,343,000, of which $450,000
shall remain available until September 30, 2007.
CAPITOL BUILDING
For all necessary expenses for the maintenance, care
and operation of the Capitol, $32,094,000, of which
$19,065,000 shall remain available until September 30,
2007.
CAPITOL GROUNDS
For all necessary expenses for care and improvement
of grounds surrounding the Capitol, the Senate and House
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office buildings, and the Capitol Power Plant, $8,356,000,
of which $1,780,000 shall remain available until September
30, 2007.
SENATE OFFICE BUILDINGS
For all necessary expenses for the maintenance, care
and operation of Senate office buildings; and furniture and
furnishings to be expended under the control and super-
vision of the Architect of the Capitol, $64,871,000, of which
$21,600,000 shall remain available until September 30,
2007.
CAPITOL POWER PLANT
For all necessary expenses for the maintenance, care
and operation of the Capitol Power Plant; lighting, heating,
power (including the purchase of electrical energy) and
water and sewer services for the Capitol, Senate and House
office buildings, Library of Congress buildings, and the
grounds about the same, Botanic Garden, Senate garage,
and air conditioning refrigeration not supplied from plants
in any of such buildings; heating the Government Printing
Office and Washington City Post Office, and heating and
chilled water for air conditioning for the Supreme Court
Building, the Union Station complex, the Thurgood Mar-
shall Federal Judiciary Building and the Folger Shake-
speare Library, expenses for which shall be advanced or re-
imbursed upon request of the Architect of the Capitol and
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amounts so received shall be deposited into the Treasury
to the credit of this appropriation, $102,286,000, of which
$61,739,000 shall remain available until September 30,
2007: Provided, That not more than $4,400,000 of the funds
credited or to be reimbursed to this appropriation as herein
provided shall be available for obligation during fiscal year
2003.
LIBRARY BUILDINGS AND GROUNDS
For all necessary expenses for the mechanical and
structural maintenance, care and operation of the Library
buildings and grounds, $37,521,000, of which $18,014,000
shall remain available until September 30, 2007 and
$5,500,000 shall remain available until expended.
CAPITOL POLICE BUILDINGS AND GROUNDS
(INCLUDING TRANSFER OF FUNDS)
For all necessary expenses for the maintenance, care,
and operation of buildings and grounds of the United States
Capitol Police, $23,900,000, of which $23,500,000 shall re-
main available until September 30, 2007: Provided, That
$22,000,000 of the amount provided is withheld from obli-
gation subject to the notification of the Committees on Ap-
propriations of the House of Representatives and Senate:
Provided further, That any amounts provided to the Archi-
tect of the Capitol prior to the date of the enactment of this
Act for maintenance, care, and operation of buildings of
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the United States Capitol Police which remain unobligated
as of the date of the enactment of this Act shall be trans-
ferred to the account under this heading.
BOTANIC GARDEN
For all necessary expenses for the maintenance, care
and operation of the Botanic Garden and the nurseries,
buildings, grounds, and collections; and purchase and ex-
change, maintenance, repair, and operation of a passenger
motor vehicle; all under the direction of the Joint Com-
mittee on the Library, $6,103,000, of which $120,000 shall
remain available until September 30, 2007: Provided, That
this appropriation shall not be available for any activities
of the National Garden.
ADMINISTRATIVE PROVISIONS
SEC. 1201. SMALL PURCHASE CONTRACTING AUTHOR-
ITY. (a) IN GENERAL.—Notwithstanding any other provi-
sion of law—
(1) section 3709 of the Revised Statutes of the
United States (41 U.S.C. 5) shall apply with respect
to purchases and contracts for the Architect of the
Capitol as if the reference to ‘‘$25,000’’ in paragraph
(1) of such section were a reference to ‘‘$100,000’’;
and
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(2) the Architect may procure services, equip-
ment, and construction for security related projects in
the most efficient manner he determines appropriate.
(b) EFFECTIVE DATE.—This section shall apply to fis-
cal year 2003 and each fiscal year thereafter.
SEC. 1202. MULTI-YEAR CONTRACT AUTHORITY. (a) IN
GENERAL.—The Architect of the Capitol may—
(1) enter into contracts for the acquisition of sev-
erable services for a period that begins in 1 fiscal
year and ends in the next fiscal year to the same ex-
tent as the head of an executive agency under the au-
thority of section 303L of the Federal Property and
Administrative Services Act of 1949 (41 U.S.C. 253l);
and
(2) enter into multiyear contracts for the acqui-
sitions of property and nonaudit-related services to
the same extent as executive agencies under the au-
thority of section 304B of the Federal Property and
Administrative Services Act of 1949 (41 U.S.C. 254c).
(b) EFFECTIVE DATE.—This section shall apply to fis-
cal year 2003 and each fiscal year thereafter.
SEC. 1203. DEPUTY ARCHITECT OF THE CAPITOL/
CHIEF OPERATING OFFICER. (a) ESTABLISHMENT OF DEP-
UTY ARCHITECT OF THE CAPITOL.—There shall be a Dep-
uty Architect of the Capitol who shall serve as the Chief