H. R. 2673—249
RETIREMENT PAY AND MEDICAL BENEFITS FOR COMMISSIONED
OFFICERS
For retirement pay and medical benefits of Public Health
Service Commissioned Officers as authorized by law, for payments
under the Retired Serviceman’s Family Protection Plan and Sur-
vivor 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 payments pursuant to section 229(b) of the
Social Security Act (42 U.S.C. 429(b)), such amounts as may be
required during the current fiscal year. The following are definitions
for the medical benefits of the Public Health Service Commissioned
Officers that apply to 10 U.S.C. chapter 56, section 1116(c). The
source of funds for the monthly accrual payments into the Depart-
ment 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 mem-
bers’’ shall be construed to be synonymous with retirement pay-
ments to United States Public Health Service officers who are
retired for age, disability, or length of service; payments to survivors
of deceased officers; medical care to active duty and retired members
and dependents and beneficiaries; and for payments 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 coun-
tering potential biological, disease and chemical threats to civilian
populations, $1,726,846,000: Provided, That this amount is distrib-
uted as follows: Centers for Disease Control and Prevention,
$1,116,156,000; Office of the Secretary, $64,820,000; and Health
Resources and Services Administration, $545,870,000: Provided fur-
ther, That at the discretion of the Secretary of Health and Human
Services, these amounts may be transferred between categories
subject to normal reprogramming procedures: Provided further,
That employees of the Centers for Disease Control and Prevention
or the Public Health Service, both civilian and Commissioned Offi-
cers, detailed to States, municipalities, or other organizations under
authority of section 214 of the Public Health Service Act for pur-
poses related to homeland security, shall be treated as non-Federal
employees for reporting purposes only and shall not be included
within any personnel ceiling applicable to the Agency, Service,
or the Department of Health and Human Services during the period
of detail or assignment.
In addition, for activities to ensure a year-round influenza
vaccine production capacity and the development and implementa-
tion of rapidly expandable influenza vaccine production tech-
nologies, $50,000,000, to remain available until expended.
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 assign-
ment not more than 60 employees of the Public Health Service
H. R. 2673—250
to assist in child survival activities and to work in AIDS programs
through and with funds provided by the Agency for International
Development, the United Nations International Children’s Emer-
gency Fund or the World Health Organization.
SEC. 203. None of the funds appropriated under this Act may
be used to implement section 399F(b) of the Public Health Service
Act or section 1503 of the National Institutes of Health Revitaliza-
tion Act of 1993, Public Law 103–43.
SEC. 204. None of the funds appropriated in this Act for the
National Institutes of Health, the Agency for Healthcare Research
and Quality, and the Substance Abuse and Mental Health Services
Administration shall be used to pay the salary of an individual,
through a grant or other extramural mechanism, at a rate in
excess of Executive Level I.
SEC. 205. None of the funds appropriated in this Act may
be expended pursuant to section 241 of the Public Health Service
Act, except for funds specifically provided for in this Act, or for
other taps and assessments made by any office located in the
Department of Health and Human Services, prior to the Secretary’s
preparation and submission of a report to the Committee on Appro-
priations of the Senate and of the House detailing the planned
uses of such funds.
SEC. 206. Notwithstanding section 241(a) of the Public Health
Service Act, such portion as the Secretary shall determine, but
not more than 2.2 percent, of any amounts appropriated for pro-
grams authorized under said Act shall be made available for the
evaluation (directly, or by grants or contracts) of the implementation
and effectiveness of such programs.
(TRANSFER OF FUNDS)
SEC. 207. Not to exceed 1 percent of any discretionary funds
(pursuant to the Balanced Budget and Emergency Deficit Control
Act of 1985, as amended) which are appropriated for the current
fiscal year for the Department of Health and Human Services
in this Act may be transferred between appropriations, but no
such appropriation shall be increased by more than 3 percent by
any such transfer: Provided, That an appropriation may be
increased by up to an additional 2 percent subject to approval
by the House and Senate Committees on Appropriations: Provided
further, That the Appropriations Committees of both Houses of
Congress are notified at least 15 days in advance of any transfer.
SEC. 208. The Director of the National Institutes of Health,
jointly with the Director of the Office of AIDS Research, may
transfer up to 3 percent among institutes, centers, and divisions
from the total amounts identified by these two Directors as funding
for research pertaining to the human immunodeficiency virus: Pro-
vided, That the Congress is promptly notified of the transfer.
SEC. 209. Of the amounts made available in this Act for the
National Institutes of Health, the amount for research related to
the human immunodeficiency virus, as jointly determined by the
Director of the National Institutes of Health and the Director of
the Office of AIDS Research, shall be made available to the ‘‘Office
of AIDS Research’’ account. The Director of the Office of AIDS
Research shall transfer from such account amounts necessary to
carry out section 2353(d)(3) of the Public Health Service Act.
SEC. 210. None of the funds appropriated in this Act may
be made available to any entity under title X of the Public Health
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Service Act unless the applicant for the award certifies to the
Secretary that it encourages family participation in the decision
of minors to seek family planning services and that it provides
counseling to minors on how to resist attempts to coerce minors
into engaging in sexual activities.
SEC. 211. None of the funds appropriated by this Act (including
funds appropriated to any trust fund) may be used to carry out
the Medicare+Choice program if the Secretary denies participation
in such program to an otherwise eligible entity (including a Provider
Sponsored Organization) because the entity informs the Secretary
that it will not provide, pay for, provide coverage of, or provide
referrals for abortions: Provided, That the Secretary shall make
appropriate prospective adjustments to the capitation payment to
such an entity (based on an actuarially sound estimate of the
expected costs of providing the service to such entity’s enrollees):
Provided further, That nothing in this section shall be construed
to change the Medicare program’s coverage for such services and
a Medicare+Choice organization described in this section shall be
responsible for informing enrollees where to obtain information
about all Medicare covered services.
SEC. 212. Notwithstanding any other provision of law, no 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, 2001, 2002, and 2003’’ and inserting ‘‘1997, 1998,
1999, 2000, 2001, 2002, 2003, and 2004’’; and
(B) in subsection (e), by striking ‘‘October 1, 2003’’
each place it appears and inserting ‘‘October 1, 2004’’;
(C) in subsection (b)(1)—
(i) in subparagraph (A), by striking ‘‘and’’ at the
end;
(ii) in subparagraph (B), by striking the period
and inserting ‘‘; and’’; and
(iii) by adding at the end the following:
‘‘(C) one or more categories of aliens who are or were
nationals and residents of the Islamic Republic or Iran who,
as members of a religious minority in Iran, share common
characteristics that identify them as targets of persecution in
that state on account of race, religion, nationality, membership
in a particular social group, or political opinion.’’; and
(2) in section 599E (8 U.S.C. 1255 note) in subsection
(b)(2), by striking ‘‘September 30, 2003’’ and inserting ‘‘Sep-
tember 30, 2004’’.
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, 2004, that the State will commit additional State funds, in
accordance with subsection (b), to ensure compliance with State
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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
2004 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 2003, 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 2003 State expenditures and all fiscal year 2004
obligations for tobacco prevention and compliance activities by pro-
gram activity by July 31, 2004.
(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, 2004.
(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 2004,
the Secretary of Health and Human Services—
(1) may exercise authority equivalent to that available
to the Secretary of State in section 2(c) of the State Department
Basic Authorities Act of 1956 (22 U.S.C. 2669(c)). The Secretary
of Health and Human Services shall consult with the Secretary
of State and relevant Chief of Mission to ensure that the
authority provided in this section is exercised in a manner
consistent with section 207 of the Foreign Service Act of 1980
(22 U.S.C. 3927) and other applicable statutes administered
by the Department of State; and
(2) is authorized to provide such funds by advance or
reimbursement to the Secretary 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 Sec-
retary 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 loca-
tion, setback, and other facilities requirements and serve the
purposes established by this Act. The Secretary of Health and
Human Services is authorized, in consultation with the Sec-
retary 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