H. J. Res. 2—314
responsible for informing enrollees where to obtain information
about all Medicare covered services.
SEC. 212. Notwithstanding any other provision of law, no pro-
vider of services under title X of the Public Health Service Act
shall be exempt from any State law requiring notification or the
reporting of child abuse, child molestation, sexual abuse, rape,
or incest.
SEC. 213. 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
(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 subsection
(b)(2), by striking ‘‘September 30, 2002’’ and inserting ‘‘Sep-
tember 30, 2003’’.
SEC. 214. (a) Except as provided by subsection (e) none of
the funds appropriated by this Act may be used to withhold sub-
stance 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 accord-
ance with subsection (b), to ensure compliance with State laws
prohibiting the sale of tobacco products to individuals under 18
years of age.
(b) The amount of funds to be committed by a State under
subsection (a) shall be equal to 1 percent of such State’s substance
abuse block grant allocation for each percentage point by which
the State misses the retailer compliance rate goal established by
the Secretary of Health and Human Services under section 1926
of such Act.
(c) The State is to maintain State expenditures in fiscal year
2003 for tobacco prevention programs and for compliance activities
at a level that is not less than the level of such expenditures
maintained by the State for fiscal year 2002, and adding to that
level the additional funds for tobacco compliance activities required
under subsection (a). The State is to submit a report to the Secretary
on all fiscal year 2002 State expenditures and all fiscal year 2003
obligations for tobacco prevention and compliance activities by pro-
gram 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 pro-
vide such funds by advance or reimbursement to the Secretary
H. J. Res. 2—315
of State as may be necessary to pay the costs of acquisition, lease,
alteration, renovation, and management of facilities outside of the
United States for the use of the Department of Health and Human
Services. The Department of State shall cooperate fully with the
Secretary of Health and Human Services to ensure that the Depart-
ment of Health and Human Services has secure, safe, functional
facilities that comply with applicable regulation governing location,
setback, and other facilities requirements and serve the purposes
established by this Act. The Secretary of Health and Human Serv-
ices is authorized, in consultation with the Secretary of State,
through grant or cooperative agreement, to make available to public
or nonprofit private institutions or agencies in participating foreign
countries, funds to acquire, lease, alter, or renovate facilities in
those countries as necessary to conduct programs of assistance
for international health activities, including activities relating to
HIV/AIDS and other infectious diseases, chronic and environmental
diseases, and other health activities abroad.
SEC. 216. The Division of Federal Occupational Health may
utilize personal services contracting to employ professional manage-
ment/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 Agriculture shall
allot and provide in the form of cash or commodities
or a combination thereof (at the discretion of the State)
to each State agency’’ and inserting ‘‘The Secretary
shall allot and provide, in accordance 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: ‘‘Option to obtain
commodities from Secretary of Agriculture’’;
(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 program.’’;
(C) by redesignating paragraphs (2) and (4) as para-
graphs (4) and (5), respectively;
(D) by striking paragraph (3);
(E) by adding after paragraph (1) the following new
paragraphs:
‘‘(2) The Secretary of Agriculture shall determine and report
to the Secretary, by such date as the Secretary may require,
the amount (if any) of its allotment 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 Secretary
of Agriculture of providing such commodities under this sub-
section as the value of commodities received by such State
H. J. Res. 2—316
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 sen-
tence, to read as follows: ‘‘Each State agency shall promptly
and equitably disburse amounts received under this sub-
section to recipients of grants and contracts.’’; and
(G) in paragraph (5), as redesignated, by striking
‘‘donation’’ and inserting ‘‘provision’’.
SEC. 218. Notwithstanding section 409B(c) of the Public Health
Service Act regarding a limitation on the number 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 development of innovative multidisciplinary
research and provide 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 107–20) is amended, in the matter under the heading ‘‘Low
Income Home Energy Assistance’’ under the heading ‘‘Administra-
tion for Children and Families’’ under the heading ‘‘DEPARTMENT
OF HEALTH AND HUMAN SERVICES’’, in chapter 7 of title
11, by striking ‘‘$300,000,000’’ and inserting ‘‘$200,000,000’’, and
by adding under such heading the following new paragraph: ‘‘For
an additional amount for the Low Income Home Energy Assistance
Program authorized under title XXVI of the Omnibus Budget Rec-
onciliation Act of 1981 (42 U.S.C. 8621(e)), $100,000,000, to remain
available until expended.’’.
SEC. 220. 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 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 Secondary Edu-
cation Act of 1965 (‘‘ESEA’’) and section 418A of the Higher Edu-
cation Act of 1965, $13,853,400,000, of which $4,651,199,000 shall
become available on July 1, 2003, and shall remain available
through September 30, 2004, and of which $9,027,301,000 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 educational-agency-level census poverty
data from the Bureau of the Census: Provided further, That
$1,365,031,000 shall be available for concentration grants under
H. J. Res. 2—317
section 1124A: Provided further, That $1,670,239,000 shall be avail-
able for targeted grants under section 1125: Provided further, That
$1,541,759,000 shall be available for education finance incentive
grants under section 1125A: Provided further, That $235,000,000
shall be available for comprehensive school reform grants under
part F of the ESEA.
IMPACT AID
For carrying out programs of financial assistance to federally
affected schools authorized by title VIII of the Elementary and
Secondary Education Act of 1965, $1,196,000,000, of which
$1,032,000,000 shall be for basic support payments under section
8003(b), $51,000,000 shall be for payments for children with disabil-
ities under section 8003(d), $45,000,000 shall be for construction
under section 8007 and shall remain available through September
30, 2004, $60,000,000 shall be for Federal property payments under
section 8002, and $8,000,000, to remain available until expended,
shall be for facilities maintenance under section 8008.
SCHOOL IMPROVEMENT PROGRAMS
For carrying out school improvement activities authorized by
titles II, IV, V, 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, $8,052,957,000,
of which $508,100,000 shall become available October 1, 2002, and
shall remain available through September 30, 2004, of which
$4,132,167,000 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 avail-
able through September 30, 2004, for academic year 2003–2004:
Provided, That up to $12,000,000 may be used to carry out section
2345 of the ESEA: Provided further, 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 improve public knowledge, under-
standing, 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 expended, shall be for the Project School Emergency Response
to Violence program to provide education-related services to local
educational agencies in which the learning environment has been
disrupted due to a violent or traumatic crisis: Provided further,
That $75,000,000 for continuing and new grants to demonstrate
effective approaches to comprehensive school reform shall be allo-
cated and expended in the same manner as the funds provided
under the Fund for the Improvement of Education for this purpose
were allocated and expended in fiscal year 2002: Provided further,
That $162,000,000 shall be available to support the activities
authorized under subpart 4 of part D of title V of the ESEA,
of which up to 5 percent shall become available October 1, 2002,
for evaluation, technical assistance, school networking, peer review
of applications, and program outreach activities and of which not
less than 95 percent shall become available on July 1, 2003, and
remain available through September 30, 2004, for grants to local
educational agencies: Provided further, That funds made available