I
107TH CONGRESS
2D SESSION
H. R. 5320
Making appropriations 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.
IN THE HOUSE OF REPRESENTATIVES
SEPTEMBER 4, 2002
Mr. YOUNG of Florida introduced the following bill; which was referred to the
Committee on Appropriations
A BILL
Making appropriations for the Departments of Labor, Health
and Human Services, and Education, and related agen-
cies for the fiscal year ending September 30, 2003, and
for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
That the following sums are appropriated, out of any
money in the Treasury not otherwise appropriated, for the
Departments of Labor, Health and Human Services, and
Education, and related agencies for the fiscal year ending
September 30, 2003, and for other purposes, namely:
HR 5320 IH
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 In-
vestment Act and the Women in Apprenticeship and Non-
traditional Occupations Act; $2,512,763,000 plus reim-
bursements, of which $1,438,748,000 is available for obli-
gation 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
Investment Act and $44,500,000 to carry out section 169
of such Act; and of which $27,550,000 is available for the
period July 1, 2003 through June 30, 2006 for necessary
expenses of construction, rehabilitation, and acquisition of
Job Corps centers: Provided, That notwithstanding the
transfer limitation under section 133(b)(4) of the Work-
force Investment Act, up to 40 percent of such funds may
be transferred by a local board if approved by the Gov-
ernor: Provided further, That notwithstanding sections
HR 5320 IH
127(b)(1)(A) and 174(a)(2)(B) of such Act, no funds pro-
vided herein shall be available to carry out section 167
of such Act: Provided further, That no funds from any
other appropriation shall be used to provide meal services
at or for Job Corps centers.
For necessary expenses of the Workforce Investment
Act, 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 In-
vestment Act; $2,463,000,000 plus reimbursements, of
which $2,363,000,000 is available for obligation for the
period October 1, 2003 through June 30, 2004, and of
which $100,000,000 is available for the period October 1,
2003 through June 30, 2006, for necessary expenses of
construction, rehabilitation, and acquisition of Job Corps
centers.
COMMUNITY SERVICE EMPLOYMENT FOR OLDER
AMERICANS
To carry out title V of the Older Americans Act of
1965, as amended, $440,200,000.
FEDERAL UNEMPLOYMENT BENEFITS AND ALLOWANCES
For payments during the current fiscal year of trade
adjustment benefit payments and allowances under part
I; and for training, allowances for job search and reloca-
HR 5320 IH
tion, and related State administrative expenses under part
II, subchapters B and D, chapter 2, title II of the Trade
Act of 1974, as amended, $415,650,000, together with
such amounts as may be necessary to be charged to the
subsequent appropriation for payments for any period sub-
sequent to September 15 of the current year.
STATE UNEMPLOYMENT INSURANCE AND EMPLOYMENT
SERVICE OPERATIONS
For 
authorized 
administrative 
expenses,
$156,452,000, 
together 
with 
not 
to 
exceed
$3,530,091,000 (including not to exceed $1,228,000
which may be used for amortization payments to States
which had independent retirement plans in their State em-
ployment service agencies prior to 1980), which may be
expended from the Employment Security Administration
Account in the Unemployment Trust Fund including the
cost of administering section 51 of the Internal Revenue
Code of 1986, as amended, section 7(d) of the Wagner-
Peyser Act, as amended, the Trade Act of 1974, as
amended, the Immigration Act of 1990, and the 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 necessary administrative expenses for carrying out 5
HR 5320 IH
U.S.C. 8501–8523, shall be available for obligation by the
States through December 31, 2003, except that funds
used for automation acquisitions shall be available for obli-
gation by the States through September 30, 2005; of
which $156,452,000, together with not to exceed
$773,283,000 of the amount which may be expended from
said trust fund, shall be available for obligation for the
period July 1, 2003 through June 30, 2004, to fund ac-
tivities under the Act of June 6, 1933, as amended, in-
cluding 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 4,096,000, 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
HR 5320 IH
funds appropriated under this Act for activities authorized
under the Wagner-Peyser Act, as amended, and title III
of the Social Security Act, may be used by the States to
fund integrated Employment Service and Unemployment
Insurance automation efforts, notwithstanding cost alloca-
tion principles prescribed under Office of Management
and Budget Circular A–87.
ADVANCES TO THE UNEMPLOYMENT TRUST FUND AND
OTHER FUNDS
For repayable advances to the Unemployment Trust
Fund as authorized by sections 905(d) and 1203 of the
Social Security Act, as amended, and to the Black Lung
Disability Trust Fund as authorized by section 9501(c)(1)
of the Internal Revenue Code of 1954, as amended; and
for nonrepayable advances to the Unemployment Trust
Fund as authorized by section 8509 of title 5, United
States Code, and to the ‘‘Federal unemployment benefits
and allowances’’ account, to remain available until Sep-
tember 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.
HR 5320 IH
PROGRAM ADMINISTRATION
For expenses of administering employment and train-
ing programs, $121,451,000, of which $4,711,000 is to
administer welfare-to-work grants, together with not to ex-
ceed $50,610,000, which may be expended from the Em-
ployment Security Administration Account in the Unem-
ployment 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,
within limits of funds and borrowing authority available
to such Corporation, and in accord with law, and to make
such contracts and commitments without regard to fiscal
year limitations as provided by section 104 of the 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
HR 5320 IH
for administrative expenses of the Corporation: Provided
further, That expenses of such Corporation in connection
with the termination of pension plans, for the acquisition,
protection or management, and investment of trust assets,
and for benefits administration services shall be consid-
ered as non-administrative expenses for the purposes here-
of, and excluded from the above limitation.
EMPLOYMENT STANDARDS ADMINISTRATION
SALARIES AND EXPENSES
For necessary expenses for the Employment Stand-
ards Administration, including reimbursement to State,
Federal, and local agencies and their employees for inspec-
tion services rendered, $378,728,000, together with
$2,029,000 which may be expended from the Special Fund
in accordance with sections 39(c), 44(d) and 44(j) of the
Longshore and Harbor Workers’ Compensation Act: Pro-
vided, That $2,000,000 shall be for the development of
an alternative system for the electronic submission of re-
ports 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 sub-
mission by whatever means, that is indexed and easily
searchable by the public via the Internet: Provided further,
That the Secretary of Labor is authorized to accept, re-
tain, and spend, until expended, in the name of the De-
HR 5320 IH
partment of Labor, all sums of money ordered to be paid
to the Secretary of Labor, in accordance with the terms
of the Consent Judgment in Civil Action No. 91–0027 of
the United States District Court for the District of the
Northern Mariana Islands (May 21, 1992): Provided fur-
ther, That the Secretary of Labor is authorized to estab-
lish and, in accordance with 31 U.S.C. 3302, collect and
deposit in the Treasury fees for processing applications
and issuing certificates under sections 11(d) and 14 of the
Fair Labor Standards Act of 1938, as amended (29
U.S.C. 211(d) and 214) and for processing applications
and issuing registrations under title I of the Migrant and
Seasonal Agricultural Worker Protection Act (29 U.S.C.
1801 et seq.).
SPECIAL BENEFITS
(INCLUDING TRANSFER OF FUNDS)
For the payment of compensation, benefits, and ex-
penses (except administrative expenses) accruing during
the current or any prior fiscal year authorized by title 5,
chapter 81 of the United States Code; continuation of ben-
efits as provided for under the heading ‘‘Civilian War Ben-
efits’’ in the Federal Security Agency Appropriation Act,
1947; the Employees’ Compensation Commission Appro-
priation Act, 1944; sections 4(c) and 5(f) of the War
Claims Act of 1948 (50 U.S.C. App. 2012); and 50 per-
HR 5320 IH
cent of the additional compensation and benefits required
by section 10(h) of the Longshore and Harbor Workers’
Compensation Act, as amended, $163,000,000, together
with such amounts as may be necessary to be charged to
the subsequent year appropriation for the payment of
compensation and other benefits for any period subse-
quent to August 15 of the current year: Provided, That
amounts appropriated may be used under section 8104 of
title 5, United States Code, by the Secretary of Labor to
reimburse an employer, who is not the employer at the
time of injury, for portions of the salary of a reemployed,
disabled beneficiary: Provided further, That balances of re-
imbursements unobligated on September 30, 2002, shall
remain available until expended for the payment of com-
pensation, benefits, and expenses: Provided further, That
in addition there shall be transferred to this appropriation
from the Postal Service and from any other corporation
or instrumentality required under section 8147(c) of title
5, United States Code, to pay an amount for its fair share
of the cost of administration, such sums as the Secretary
determines to be the cost of administration for employees
of such fair share entities through September 30, 2003:
Provided further, That of those funds transferred to this
account from the fair share entities to pay the cost of ad-
ministration of the Federal Employees’ Compensation Act,
HR 5320 IH
$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 Treas-
ury as miscellaneous receipts: Provided further, That the
Secretary may require that any person filing a notice of
injury or a claim for benefits under chapter 81 of title
5, United States Code, or 33 U.S.C. 901 et seq., provide
as part of such notice and claim, such identifying informa-
tion (including Social Security account number) as such
regulations may prescribe.
ADMINISTRATIVE EXPENSES, ENERGY EMPLOYEES
OCCUPATIONAL ILLNESS COMPENSATION FUND
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses to administer the Energy
Employees Occupational Illness Compensation Act,
$104,867,000, to remain available until expended: Pro-
vided, That the Secretary of Labor is authorized to trans-
fer to any Executive agency with authority under the En-
ergy Employees Occupational Illness Compensation Act,
including within the Department of Labor, such sums as
may be necessary in fiscal year 2003 to carry out those
HR 5320 IH
authorities: Provided further, That the Secretary may re-
quire that any person filing a claim for benefits under the
Act provide as part of such claim, such identifying infor-
mation (including Social Security account number) as may
be prescribed.
BLACK LUNG DISABILITY TRUST FUND
(INCLUDING TRANSFER OF FUNDS)
Beginning in fiscal year 2003 and thereafter, such
sums as may be necessary from the Black Lung Disability
Trust Fund, to remain available until expended, for pay-
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 sec-
tion 9501(c)(2) of that Act. In addition, the following
amounts shall be available from the Fund for fiscal year
2003 for expenses of operation and administration of the
Black Lung Benefits program, as authorized by section
9501(d)(5): $34,151,000 for transfer to the Employment
Standards Administration, ‘‘Salaries and Expenses’’;
$24,033,000 for transfer to Departmental Management,
‘‘Salaries and Expenses’’; $345,000 for transfer to De-
partmental Management, ‘‘Office of Inspector General’’;
and $356,000 for payments into miscellaneous receipts for
the expenses of the Department of Treasury.
HR 5320 IH
OCCUPATIONAL SAFETY AND HEALTH
ADMINISTRATION
SALARIES AND EXPENSES
For necessary expenses for the Occupational Safety
and Health Administration, $437,019,000, including not
to exceed $89,747,000 which shall be the maximum
amount available for grants to States under section 23(g)
of the Occupational Safety and Health Act (the ‘‘Act’’),
which grants shall be no less than 50 percent of the costs
of State occupational safety and health programs required
to be incurred under plans approved by the Secretary
under section 18 of the Act; and, in addition, 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 edu-
cation grants: Provided, That, notwithstanding 31 U.S.C.
3302, the Secretary of Labor is authorized, during the fis-
cal year ending September 30, 2003, to collect and retain
fees for services provided to Nationally Recognized Test-
ing Laboratories, and may utilize such sums, in accord-
ance with the provisions of 29 U.S.C. 9a, to administer
national and international laboratory recognition pro-
grams that ensure the safety of equipment and products
HR 5320 IH
used by workers in the workplace: Provided further, That
none of the funds appropriated under this paragraph shall
be obligated or expended to prescribe, issue, administer,
or enforce any standard, rule, regulation, or order under
the Act which is applicable to any person who is engaged
in a farming operation which does not maintain a tem-
porary labor camp and employs 10 or fewer employees:
Provided further, That no funds appropriated under this
paragraph shall be obligated or expended to administer or
enforce any standard, rule, regulation, or order under the
Act with respect to any employer of 10 or fewer employees
who is included within a category having an occupational
injury lost workday case rate, at the most precise Stand-
ard Industrial Classification Code for which such data are
published, less than the national average rate as such
rates are most recently published by the Secretary, acting
through the Bureau of Labor Statistics, in accordance
with section 24 of that Act (29 U.S.C. 673), except—
(1) to provide, as authorized by such Act, 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 cita-
tion for violations found during such inspection, and
to assess a penalty for violations which are not cor-
HR 5320 IH
rected within a reasonable abatement period and for
any willful violations found;
(3) to take any action authorized by such Act
with respect to imminent dangers;
(4) to take any action authorized by such Act
with respect to health hazards;
(5) to take any action authorized by such Act
with respect to a report of an employment accident
which is fatal to one or more employees or which re-
sults in hospitalization of two or more employees,
and to take any action pursuant to such investiga-
tion authorized by such Act; and
(6) to take any action authorized by such Act
with respect to complaints of discrimination against
employees for exercising rights under such Act:
Provided further, That the foregoing proviso shall not
apply to any person who is engaged in a farming operation
which does not maintain a temporary labor camp and em-
ploys 10 or fewer employees.
MINE SAFETY AND HEALTH ADMINISTRATION
SALARIES AND EXPENSES
For necessary expenses for the Mine Safety and
Health Administration, $254,323,000, including purchase
and bestowal of certificates and trophies in connection
with mine rescue and first-aid work, and the hire of pas-
HR 5320 IH
senger motor vehicles; including up to $1,000,000 for
mine rescue and recovery activities, which shall be avail-
able only to the extent that fiscal year 2003 obligations
for these activities exceed $1,000,000; in addition, not to
exceed $750,000 may be collected by the National Mine
Health and Safety Academy for room, board, tuition, and
the sale of training materials, otherwise authorized by law
to be collected, to be available for mine safety and health
education and training activities, notwithstanding 31
U.S.C. 3302; and, in addition, the Mine Safety and Health
Administration may retain up to $1,000,000 from fees col-
lected for the approval and certification of equipment, ma-
terials, and explosives for use in mines, and may utilize
such sums for such activities; the Secretary is authorized
to accept lands, buildings, equipment, and other contribu-
tions from public and private sources and to prosecute
projects in cooperation with other agencies, Federal,
State, or private; the Mine Safety and Health Administra-
tion is authorized to promote health and safety education
and training in the mining community through cooperative
programs with States, industry, and safety associations;
and any funds available to the department may be used,
with the approval of the Secretary, to provide for the costs
of mine rescue and survival operations in the event of a
major disaster.
HR 5320 IH
BUREAU OF LABOR STATISTICS
SALARIES AND EXPENSES
For necessary expenses for the Bureau of Labor Sta-
tistics, including advances or reimbursements to State,
Federal, and local agencies and their employees for serv-
ices rendered, $415,855,000, together with not to exceed
$72,029,000, which may be expended from the Employ-
ment Security Administration Account in the Unemploy-
ment Trust Fund; and $10,280,000 which shall be avail-
able for obligation for the period July 1, 2003 through
June 30, 2004, for Occupational Employment Statistics.
OFFICE OF DISABILITY EMPLOYMENT POLICY
SALARIES AND EXPENSES
For necessary expenses for the Office of Disability
Employment Policy to provide leadership, develop policy
and initiatives, and award grants furthering the objective
of eliminating barriers to the training and employment of
people with disabilities, $47,015,000.
DEPARTMENTAL MANAGEMENT
SALARIES AND EXPENSES
For necessary expenses for Departmental Manage-
ment, including the hire of three sedans, and including
the management or operation, through contracts, grants
or other arrangements of Departmental activities con-
ducted by or through the Bureau of International Labor
HR 5320 IH
Affairs, including bilateral and multilateral technical as-
sistance 
and 
other 
international 
labor 
activities,
$74,000,000, 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;
$317,624,000; together with not to exceed $310,000,
which may be expended from the Employment Security
Administration Account in the Unemployment Trust
Fund: Provided, That no funds made available by this Act
may be used by the Solicitor of Labor to participate in
a review in any United States court of appeals of any deci-
sion made by the Benefits Review Board under section 21
of the Longshore and Harbor Workers’ Compensation Act
(33 U.S.C. 921) where such participation is precluded by
the decision of the United States Supreme Court in Direc-
tor, Office of Workers’ Compensation Programs v. New-
port News Shipbuilding, 115 S. Ct. 1278 (1995), notwith-
standing any provisions to the contrary contained in Rule
15 of the Federal Rules of Appellate Procedure: Provided
further, That no funds made available by this Act may
be used by the Secretary of Labor to review a decision
under the Longshore and Harbor Workers’ Compensation
HR 5320 IH
Act (33 U.S.C. 901 et seq.) that has been appealed and
that has been pending before the Benefits Review Board
for more than 12 months: Provided further, That any such
decision pending a review by the Benefits Review Board
for more than 1 year shall be considered affirmed by the
Benefits Review Board on the 1-year anniversary of the
filing of the appeal, and shall be considered the final order
of the Board for purposes of obtaining a review in the
United States courts of appeals: Provided further, That
these provisions shall not be applicable to the review or
appeal of any decision issued under the Black Lung Bene-
fits Act (30 U.S.C. 901 et seq.).
VETERANS EMPLOYMENT AND TRAINING
Not to exceed $185,537,000 may be derived from the
Employment Security Administration Account in the Un-
employment Trust Fund to carry out the provisions of 38
U.S.C. 4100–4110A, 4212, 4214, and 4321–4327, and
Public Law 103–353, and which shall be available for obli-
gation by the States through December 31, 2003. To
carry out the Stewart B. McKinney Homeless Assistance
Act and section 168 of the Workforce Investment Act of
1998, $24,800,000, of which $7,300,000 shall be available
for obligation for the period July 1, 2003 through June
30, 2004.
HR 5320 IH
OFFICE OF INSPECTOR GENERAL
For salaries and expenses of the Office of Inspector
General in carrying out the provisions of the Inspector
General Act of 1978, as amended, $56,659,000, together
with not to exceed $5,597,000, which may be expended
from the Employment Security Administration Account in
the Unemployment Trust Fund.
GENERAL PROVISIONS
SEC. 101. None of the funds appropriated in this title
for the Job Corps shall be used to pay the compensation
of an individual, either as direct costs or any proration
as an indirect cost, at a rate in excess of Executive Level
II.
(TRANSFER OF FUNDS)
SEC. 102. Not to exceed 3 percent of any discre-
tionary funds (pursuant to the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended)
which are appropriated for the current fiscal year for the
Department of Labor in this Act may be transferred be-
tween appropriations, but no such appropriation shall be
increased by more than 10 percent by any such transfer:
Provided, That the Appropriations Committees of both
Houses of Congress are notified at least 15 days in ad-
vance of any transfer.
HR 5320 IH
TITLE II—DEPARTMENT OF HEALTH AND
HUMAN SERVICES
HEALTH RESOURCES AND SERVICES
ADMINISTRATION
HEALTH RESOURCES AND SERVICES
For carrying out titles II, III, IV, VII, VIII, X, XII,
XIX, and XXVI of the Public Health Service Act, section
427(a) of the Federal Coal Mine Health and Safety Act,
title V, and sections 1128E and 1820 of the Social Secu-
rity Act, the Health Care Quality Improvement Act of
1986, as amended, the Native Hawaiian Health Care Act
of 1988, as amended, the Cardiac Arrest Survival Act of
2000, and the Poison Control Center Enhancement and
Awareness Act, $5,365,404,000, of which $25,000,000
from general revenues, notwithstanding section 1820(j) of
the Social Security Act, shall be available for carrying out
the Medicare rural hospital flexibility grants program
under section 1820 of such Act: Provided, That of the
funds made available under this heading, $250,000 shall
be available until expended for facilities renovations at the
Gillis W. Long Hansen’s Disease Center: Provided further,
That in addition to fees authorized by section 427(b) of
the Health Care Quality Improvement Act of 1986, fees
shall be collected for the full disclosure of information
under the Act sufficient to recover the full costs of oper-
HR 5320 IH
ating the National Practitioner Data Bank, and shall re-
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 available until expended to carry out that
Act: Provided further, That no more than $25,000,000 is
available for carrying out the provisions of Public Law
104–73: Provided further, That of the funds made avail-
able under this heading, $265,275,000 shall be for the
program under title X of the Public Health Service Act
to provide for voluntary family planning projects: Provided
further, That amounts provided to said projects under
such title shall not be expended for abortions, that all
pregnancy counseling shall be nondirective, and that such
amounts shall not be expended for any activity (including
the publication or distribution of literature) that in any
way tends to promote public support or opposition to any
legislative proposal or candidate for public office: Provided
further, That $639,000,000 shall be for State AIDS Drug
Assistance Programs authorized by section 2616 of the
Public Health Service Act: Provided further, That
$72,979,000 is available for special projects of regional
HR 5320 IH
and national significance under section 501(a)(2) of the
Social Security Act, which shall not be counted toward
compliance with the allocation required in section
502(a)(1) of such Act, and which shall be used only for
making competitive grants to provide abstinence education
(as defined in section 510(b)(2) of such Act) to adoles-
cents and for evaluations (including longitudinal evalua-
tions) of activities under the grants and for Federal costs
of administering the grants: Provided further, That grants
under the immediately preceding proviso shall be made
only to public and private entities which agree that, with
respect to an adolescent to whom the entities provide ab-
stinence education under such grant, the entities will not
provide to that adolescent any other education regarding
sexual conduct, except that, in the case of an entity 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 dif-
ferent 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.
HR 5320 IH
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 Pub-
lic Health Service Act, as amended. For administrative ex-
penses to carry out the guaranteed loan program, includ-
ing 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
HR 5320 IH
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 sec-
tion 501 of the Refugee Education Assistance Act of 1980;
including insurance of official motor vehicles in foreign
countries; and hire, maintenance, and operation of air-
craft, $4,058,444,000, of which $143,763,000 for inter-
national HIV/AIDS shall remain available until September
30, 2004, and in addition, such sums as may be derived
from authorized user fees, which shall be credited to this
account: Provided, That in addition to amounts provided
herein, up to $46,982,000 shall be available from amounts
available under section 241 of the Public Health Service
Act to carry out the National Center for Health Statistics
surveys: Provided further, That none of the funds made
available for injury prevention and control at the Centers
for Disease Control and Prevention may be used, in whole
or in part, to advocate or promote gun control: Provided
further, That the Director may redirect the total amount
made available under authority of Public Law 101–502,
section 3, dated November 3, 1990, to activities the Direc-
tor may so designate: Provided further, That the Congress
is to be notified promptly of any such transfer: Provided
further, That not to exceed $10,000,000 may be available
HR 5320 IH
for making grants under section 1509 of the Public
Health Service Act to not more than 15 States.
NATIONAL INSTITUTES OF HEALTH
NATIONAL CANCER INSTITUTE
For carrying out section 301 and title IV of the Pub-
lic 
Health 
Service 
Act 
with 
respect 
to 
cancer,
$4,702,394,000.
NATIONAL HEART, LUNG, AND BLOOD INSTITUTE
For carrying out section 301 and title IV of the Pub-
lic Health Service Act with respect to cardiovascular, lung,
and blood diseases, and blood and blood products,
$2,791,411,000.
NATIONAL INSTITUTE OF DENTAL AND CRANIOFACIAL
RESEARCH
For carrying out section 301 and title IV of the Pub-
lic Health Service Act with respect to dental disease,
$372,167,000.
NATIONAL INSTITUTE OF DIABETES AND DIGESTIVE
AND KIDNEY DISEASES
For carrying out section 301 and title IV of the Pub-
lic Health Service Act with respect to diabetes and diges-
tive and kidney disease, $1,604,647,000.
HR 5320 IH
NATIONAL INSTITUTE OF NEUROLOGICAL DISORDERS
AND STROKE
For carrying out section 301 and title IV of the Pub-
lic Health Service Act with respect to neurological dis-
orders and stroke, $1,439,405,000.
NATIONAL INSTITUTE OF ALLERGY AND INFECTIOUS
DISEASES
(INCLUDING TRANSFER OF FUNDS)
For carrying out section 301 and title IV of the Pub-
lic Health Service Act with respect to allergy and infec-
tious 
diseases, 
$3,990,473,000: 
Provided, 
That
$100,000,000 may be made available to International As-
sistance Programs, ‘‘Global Fund to Fight HIV/AIDS,
Malaria, and Tuberculosis’’, to remain available until ex-
pended, to further the Institute’s efforts to prevent and
alleviate these diseases.
NATIONAL INSTITUTE OF GENERAL MEDICAL SCIENCES
For carrying out section 301 and title IV of the Pub-
lic Health Service Act with respect to general medical
sciences, $1,879,984,000.
NATIONAL INSTITUTE OF CHILD HEALTH AND HUMAN
DEVELOPMENT
For carrying out section 301 and title IV of the Pub-
lic Health Service Act with respect to child health and
human development, $1,213,817,000.
HR 5320 IH
NATIONAL EYE INSTITUTE
For carrying out section 301 and title IV of the Pub-
lic Health Service Act with respect to eye diseases and
visual disorders, $629,990,000.
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, $614,258,000.
NATIONAL INSTITUTE ON AGING
For carrying out section 301 and title IV of the Pub-
lic 
Health 
Service 
Act 
with 
respect 
to 
aging,
$968,699,000.
NATIONAL INSTITUTE OF ARTHRITIS AND
MUSCULOSKELETAL AND SKIN DISEASES
For carrying out section 301 and title IV of the Pub-
lic Health Service Act with respect to arthritis and mus-
culoskeletal and skin diseases, $486,624,000.
NATIONAL INSTITUTE ON DEAFNESS AND OTHER
COMMUNICATION DISORDERS
For carrying out section 301 and title IV of the Pub-
lic Health Service Act with respect to deafness and other
communication disorders, $370,805,000.
HR 5320 IH
NATIONAL INSTITUTE OF NURSING RESEARCH
For carrying out section 301 and title IV of the Pub-
lic Health Service Act with respect to nursing research,
$130,438,000.
NATIONAL INSTITUTE ON ALCOHOL ABUSE AND
ALCOHOLISM
For carrying out section 301 and title IV of the Pub-
lic Health Service Act with respect to alcohol abuse and
alcoholism, $416,773,000.
NATIONAL INSTITUTE ON DRUG ABUSE
For carrying out section 301 and title IV of the Pub-
lic Health Service Act with respect to drug abuse,
$964,613,000.
NATIONAL INSTITUTE OF MENTAL HEALTH
For carrying out section 301 and title IV of the Pub-
lic Health Service Act with respect to mental health,
$1,353,088,000.
NATIONAL HUMAN GENOME RESEARCH INSTITUTE
For carrying out section 301 and title IV of the Pub-
lic Health Service Act with respect to human genome re-
search, $465,137,000.
HR 5320 IH
NATIONAL INSTITUTE OF BIOMEDICAL IMAGING AND
BIOENGINEERING
For carrying out section 301 and title IV of the Pub-
lic Health Service Act with respect to biomedical imaging
and bioengineering research, $121,200,000.
NATIONAL CENTER FOR RESEARCH RESOURCES
For carrying out section 301 and title IV of the Pub-
lic Health Service Act with respect to research resources
and general research support grants, $1,090,272,000:
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.
NATIONAL CENTER FOR COMPLEMENTARY AND
ALTERNATIVE MEDICINE
For carrying out section 301 and title IV of the Pub-
lic Health Service Act with respect to complementary and
alternative medicine, $113,249,000.
NATIONAL CENTER ON MINORITY HEALTH AND HEALTH
DISPARITIES
For carrying out section 301 and title IV of the Pub-
lic Health Service Act with respect to minority health and
health disparities research, $186,929,000.
HR 5320 IH
JOHN E. FOGARTY INTERNATIONAL CENTER
For carrying out the activities at the John E.
Fogarty International Center, $63,380,000.
NATIONAL LIBRARY OF MEDICINE
For carrying out section 301 and title IV of the Pub-
lic Health Service Act with respect to health information
communications, $310,299,000, of which $4,000,000 shall
be available until expended for improvement of informa-
tion systems: Provided, That in fiscal year 2003, the Li-
brary may enter into personal services contracts for the
provision of services in facilities owned, operated, or con-
structed under the jurisdiction of the National Institutes
of Health.
OFFICE OF THE DIRECTOR
(INCLUDING TRANSFER OF FUNDS)
For carrying out the responsibilities of the Office of
the Director, National Institutes of Health, $255,074,000,
of which $58,040,000 shall be for the Office of AIDS Re-
search: Provided, That funding shall be available for the
purchase of not to exceed 29 passenger motor vehicles for
replacement only: Provided further, That the Director may
direct up to 1 percent of the total amount made available
in this or any other Act to all National Institutes of
Health appropriations to activities the Director may so
designate: Provided further, That no such appropriation
HR 5320 IH
shall be decreased by more than 1 percent by any such
transfers and that the Congress is promptly notified of
the transfer: Provided further, That the National Insti-
tutes of Health is authorized to collect third party pay-
ments for the cost of clinical services that are incurred
in National Institutes of Health research facilities and
that such payments shall be credited to the National Insti-
tutes of Health Management Fund: Provided further, That
all funds credited to the National Institutes of Health
Management Fund shall remain available for 1 fiscal year
after the fiscal year in which they are deposited.
BUILDINGS AND FACILITIES
(INCLUDING TRANSFER OF FUNDS)
For the study of, construction of, renovation of, and
acquisition of equipment for, facilities of or used by the
National Institutes of Health, including the acquisition of
real property, $632,800,000, to remain available until ex-
pended.
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
HR 5320 IH
the Public Health Service Act with respect to program
management, $3,193,086,000.
AGENCY FOR HEALTHCARE RESEARCH AND
QUALITY
HEALTHCARE RESEARCH AND QUALITY
For carrying out titles III and IX of the Public
Health Service Act, and part A of title XI of the Social
Security Act, amounts received from Freedom of Informa-
tion Act fees, reimbursable and interagency agreements,
and the sale of data shall be credited to this appropriation
and shall remain available until expended: Provided, That
the amount made available pursuant to section 927(c) of
the Public Health Service Act shall not exceed
$250,000,000.
CENTERS FOR MEDICARE AND MEDICAID
SERVICES
GRANTS TO STATES FOR MEDICAID
For carrying out, except as otherwise provided, titles
XI and XIX of the Social Security Act, $112,090,218,000,
to remain available until expended.
For making, after May 31, 2003, payments to States
under title XIX of the Social Security Act for the last
quarter of fiscal year 2003 for unanticipated costs, in-
curred for the current fiscal year, such sums as may be
necessary.
HR 5320 IH
For making payments to States or in the case of sec-
tion 1928 on behalf of States under title XIX of the Social
Security Act for the first quarter of fiscal year 2004,
$51,861,386,000, to remain available until expended.
Payment under title XIX may be made for any quar-
ter with respect to a State plan or plan amendment in
effect during such quarter, if submitted in or prior to such
quarter and approved in that or any subsequent quarter.
PAYMENTS TO HEALTH CARE TRUST FUNDS
For payment to the Federal Hospital Insurance and
the Federal Supplementary Medical Insurance Trust
Funds, as provided under section 1844 of the Social 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 
section 
201(g) 
of 
the 
Social 
Security 
Act,
$81,462,700,000.
PROGRAM MANAGEMENT
For carrying out, except as otherwise provided, titles
XI, XVIII, XIX, and XXI of the Social Security Act, titles
XIII and XXVII of the Public Health Service Act, and
the Clinical Laboratory Improvement Amendments of
1988, not to exceed $2,507,914,000, to be transferred
from the Federal Hospital Insurance and the Federal Sup-
plementary Medical Insurance Trust Funds, as authorized
HR 5320 IH
by section 201(g) of the Social Security Act; together with
all funds collected in accordance with section 353 of the
Public Health Service Act and section 1857(e)(2) of the
Social Security Act, and such sums as may be collected
from authorized user fees and the sale of data, which shall
remain available until expended, and together with admin-
istrative fees collected relative to Medicare overpayment
recovery activities, which shall remain available until ex-
pended: Provided, That all funds derived in accordance
with 31 U.S.C. 9701 from organizations established under
title XIII of the Public Health Service Act shall be cred-
ited to and available for carrying out the purposes of this
appropriation: Provided further, That from amounts ap-
propriated under this heading, $3,000,000 for the man-
aged care system redesign shall remain available until ex-
pended: Provided further, That $51,000,000, to remain
available until September 30, 2004, is for contract costs
for the Healthcare Integrated General Ledger Accounting
System: Provided further, That the Secretary of Health
and Human Services is directed to collect fees in fiscal
year 2003 from Medicare∂Choice organizations pursuant
to section 1857(e)(2) of the Social Security Act and from
eligible organizations with risk-sharing contracts under
section 
1876 
of 
that 
Act 
pursuant 
to 
section
1876(k)(4)(D) of that Act.
HR 5320 IH
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 ef-
fective date of the program of Temporary Assistance to
Needy Families (TANF) with respect to such State, such
HR 5320 IH
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 ap-
propriation and under such title IV–A as amended by the
Personal Responsibility and Work Opportunity Reconcili-
ation Act of 1996 shall not exceed the limitations under
section 116(b) of such Act.
For making, after May 31 of the current fiscal year,
payments to States or other non-Federal entities under
titles I, IV–D, X, XI, XIV, and XVI of the Social Security
Act and the Act of July 5, 1960 (24 U.S.C. ch. 9), for
the last 3 months of the current fiscal year for unantici-
pated 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, $1,400,000,000.
For making payments under title XXVI of the Omni-
bus Budget Reconciliation Act of 1981, $300,000,000:
Provided, That these funds are for the unanticipated home
energy assistance needs of one or more States, as author-
ized by section 2604(e) of the Act, and notwithstanding
the designation requirement of section 2602(e).
HR 5320 IH
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),
$442,724,000: Provided, That funds appropriated pursu-
ant to section 414(a) of the Immigration and Nationality
Act for fiscal year 2003 shall be available for the costs
of assistance provided and other activities through Sep-
tember 30, 2005: Provided further, That up to
$10,000,000 is available to carry out the Trafficking Vic-
tims 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
available for child care resource and referral and school-
aged child care activities, of which $1,000,000 shall be for
the Child Care Aware toll free hotline: Provided further,
HR 5320 IH
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 sec-
tion 658G, of which $100,000,000 shall be for activities
that improve the quality of infant and toddler care: Pro-
vided further, That $10,000,000 shall be for use by the
Secretary for child care research, demonstration, and eval-
uation activities.
SOCIAL SERVICES BLOCK GRANT
For making grants to States pursuant to section
2002 of the Social Security Act, $1,700,000,000.
CHILDREN AND FAMILIES SERVICES PROGRAMS
For carrying out, except as otherwise provided, the
Runaway and Homeless Youth Act, the Developmental
Disabilities Assistance and Bill of Rights Act, the Head
Start Act, the Child Abuse Prevention and Treatment Act,
sections 310 and 316 of the Family Violence Prevention
and Services Act, as amended, the Native American Pro-
grams Act of 1974, title II of Public Law 95–266 (adop-
tion opportunities), the Adoption and Safe Families Act
of 1997 (Public Law 105–89), sections 1201 and 1211
of the Children’s Health Act of 2000, the Abandoned In-
fants Assistance Act of 1988, sections 413, 429A, 1110,
and 1115 of the Social Security Act, and sections 40155,
40211, and 40241 of Public Law 103–322; for making
HR 5320 IH
payments under the Community Services Block Grant Act,
section 473A of the Social Security Act, and title IV of
Public Law 105–285, and for necessary administrative ex-
penses to carry out said Acts and titles I, IV, X, XI, XIV,
XVI, and XX of the Social Security Act, the Act of July
5, 1960 (24 U.S.C. ch. 9), the Omnibus Budget Reconcili-
ation Act of 1981, title IV of the Immigration and Nation-
ality Act, section 501 of the Refugee Education Assistance
Act of 1980, section 5 of the Torture Victims Relief Act
of 1998 (Public Law 105–320), sections 40155, 40211,
and 40241 of Public Law 103–322, sections 310 and 316
of the Family Violence Prevention and Services Act, as
amended, and section 126 and titles IV and V of Public
Law 100–485, $8,593,364,000, of which $43,000,000, to
remain available until September 30, 2004, shall be for
grants to States for adoption incentive payments, as au-
thorized 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
$640,325,000 shall be for making payments under the
Community Services Block Grant Act; and of which
$6,667,533,000 shall be for making payments under the
Head Start Act, of which $1,400,000,000 shall become
available October 1, 2003 and remain available through
September 30, 2004: Provided, That to the extent Com-
HR 5320 IH
munity Services Block Grant funds are distributed as
grant funds by a State to an eligible entity as provided
under the Act, and have not been expended by such entity,
they shall remain with such entity for carryover into the
next fiscal year for expenditure by such entity consistent
with program purposes: Provided further, That all eligible
entities currently in good standing in the Community
Services Block Grant program shall receive an increase in
funding proportionate to the increase provided in this Act
for the Community Services Block Grant: Provided fur-
ther, That $88,133,000 shall be for activities authorized
by the Runaway and Homeless Youth Act, notwith-
standing the allocation requirements of section 388(a) of
such Act, of which $39,739,900 is for the transitional liv-
ing program: Provided further, That $100,000,000 is for
a compassion capital fund to provide grants to charitable
organizations to emulate model social service programs
and to encourage research on the best practices of social
service organizations: Provided further, That the Secretary
shall establish procedures regarding the disposition of in-
tangible property which permits grant funds, or intangible
assets acquired with funds authorized under section 680
of the Community Services Block Grant Act, as amended,
to become the sole property of such grantees after a period
of not more than 12 years after the end of the grant for
HR 5320 IH
ADMINISTRATION ON AGING
AGING SERVICES PROGRAMS
For carrying out, to the extent not otherwise pro-
vided, the Older Americans Act of 1965, as amended, and
section 
398 
of 
the 
Public 
Health 
Service 
Act,
$1,341,344,000, of which $5,000,000 shall be available for
activities regarding medication management, screening,
and education to prevent incorrect medication and adverse
drug reactions; and of which $149,670,000 shall be allo-
cated to States consistent with the formula in section 311
of the Older Americans Act of 1965.
OFFICE OF THE SECRETARY
GENERAL DEPARTMENTAL MANAGEMENT
For necessary expenses, not otherwise provided, for
general departmental management, including hire of six
sedans, and for carrying out titles III, XVII, and XX of
the Public Health Service Act, and the United States-Mex-
ico Border Health Commission Act, $378,544,000, to-
gether with $5,851,000 to be transferred and expended
as authorized by section 201(g)(1) of the Social Security
Act from the Hospital Insurance Trust Fund and the Sup-
plemental 
Medical 
Insurance 
Trust 
Fund; 
and
$52,951,000 to be transferred from the accounts of the
National Institutes of Health and $1,610,000 to be trans-
ferred from ‘‘Healthcare Research and Quality’’ for car-
HR 5320 IH
rying out public affairs and legislative affairs activities of
the National Institutes of Health and the Agency for
Healthcare Research and Quality, respectively: Provided,
That of the funds made available under this heading for
carrying out title XX of the Public Health Service Act,
$11,885,000 shall be for activities specified under section
2003(b)(2), of which $10,157,000 shall be for prevention
service demonstration grants under section 510(b)(2) of
title V of the Social Security Act, as amended, without
application of the limitation of section 2010(c) of said title
XX: Provided further, That of this amount, $50,000,000
is for minority AIDS prevention and treatment activities;
and $20,000,000 shall be for an Information Technology
Security and Innovation Fund for Department-wide activi-
ties involving cybersecurity, information technology secu-
rity, and related innovation projects.
OFFICE OF INSPECTOR GENERAL
For expenses necessary for the Office of Inspector
General in carrying out the provisions of the Inspector
General Act of 1978, as amended, $39,747,000: Provided,
That, of such amount, necessary sums are available for
providing protective services to the Secretary and inves-
tigating non-payment of child support cases for which non-
payment is a Federal offense under 18 U.S.C. 228.
HR 5320 IH
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 pro-
vided, 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 re-
search and evaluation activities: Provided further, That the
expenditure of any funds available under section 241 of
the Public Health Service Act are subject to the require-
ments of section 205 of this Act.
MEDICAL BENEFITS FOR COMMISSIONED OFFICERS
For medical benefits of Public Health Service Com-
missioned Officers as authorized by law, and for medical
care of dependents and retired personnel under the De-
pendents’ Medical Care Act (10 U.S.C. ch. 55), such
amounts as may be required during the current fiscal year.
HR 5320 IH
HEALTH FACILITIES CONSTRUCTION AND MANAGEMENT
FUND
For the study of, construction of, renovation of, and
acquisition of equipment for, facilities of the Centers for
Disease Control and Prevention and the National Insti-
tutes of Health, including the acquisition of real property,
as well as extramural facilities construction grants and se-
curity improvements for Federal and non-Federal labora-
tories, $1,056,980,000, to remain available until ex-
pended, of which $632,800,000 shall be derived by trans-
fer from the NIH Buildings and Facilities account,
$150,000,000 shall be derived by transfer from the Na-
tional Institute of Allergy and Infectious Diseases account
and is for extramural bioterrorism and infectious disease
research facility construction and renovation: $5,000,000
shall be derived by transfer from the National Cancer In-
stitute account; $8,180,000 shall be derived by transfer
from the National Center for Minority Health and Health
Disparities account; and $77,000,000 shall be derived by
transfer from the National Center for Research Resources
account: Provided, That after notice thereof is transmitted
to Congress, the Secretary of HHS may transfer funds
in this account among the purposes and activities of the
account.
HR 5320 IH
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, $2,295,184,000.
GENERAL PROVISIONS
SEC. 201. Funds appropriated in this title shall be
available for not to exceed $37,000 for official reception
and representation expenses when specifically approved by
the Secretary.
SEC. 202. The Secretary shall make available through
assignment not more than 60 employees of the Public
Health Service to assist in child survival activities and to
work in AIDS programs through and with funds provided
by the Agency for International Development, the United
Nations International Children’s Emergency Fund or the
World Health Organization.
SEC. 203. None of the funds appropriated under this
Act may be used to implement section 399F(b) of the Pub-
lic Health Service Act or section 1503 of the National In-
stitutes 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
HR 5320 IH
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 Ex-
ecutive Level II.
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 Appropria-
tions of the Senate and of the House detailing the planned
uses of such funds.
SEC. 206. Notwithstanding section 241(a) of the
Public Health Service Act, such portion as the Secretary
shall determine, but not more than 1.25 percent, of any
amounts appropriated for programs authorized under said
Act shall be made available for the evaluation (directly,
or by grants or contracts) of the implementation and effec-
tiveness of such programs.
SEC. 207. 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
HR 5320 IH
to the human immunodeficiency virus: Provided, That the
Congress is promptly notified of the transfer.
SEC. 208. 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 Insti-
tutes 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 nec-
essary to carry out section 2353(d)(3) of the Public
Health Service Act.
SEC. 209. 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. 210. 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 oth-
erwise eligible entity (including a Provider Sponsored Or-
HR 5320 IH
ganization) 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 capita-
tion payment to such an entity (based on an actuarially
sound estimate of the expected costs of providing the serv-
ice to such entity’s enrollees): Provided further, That noth-
ing in this section shall be construed to change the Medi-
care 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. 211. Notwithstanding any other provision of
law, no provider of services under title X of the Public
Health Service Act shall be exempt from any State law
requiring notification or the reporting of child abuse, child
molestation, sexual abuse, rape, or incest.
SEC. 212. (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 pursu-
ant to section 1926 of the Public Health Service Act (42
U.S.C. 300x–26) if such State certifies to the Secretary
of Health and Human Services by May 1, 2003 that the
State will commit additional State funds, in accordance
with subsection (b), to ensure compliance with State laws
HR 5320 IH
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 fis-
cal 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 Sec-
retary on all fiscal year 2002 State expenditures and all
fiscal year 2003 obligations for tobacco prevention and
compliance activities by program activity by July 31,
2003.
(d) The Secretary shall exercise discretion in enforc-
ing the timing of the State obligation of the additional
funds required by the certification described in subsection
(a) as late as July 31, 2003.
HR 5320 IH
(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. 213. In order for the Centers for Disease Con-
trol and Prevention to carry out international health ac-
tivities, including HIV/AIDS and other infectious disease,
chronic and environmental disease, and other health ac-
tivities abroad during fiscal year 2003, the Secretary of
Health and Human Services is authorized to—
(1) utilize the authorities contained in sub-
section 2(c) of the State Department Basic Authori-
ties Act of 1956, as amended; and
(2) utilize the authorities contained in 22
U.S.C. 291 and 292 and directly or through contract
or cooperative agreement to lease, alter or renovate
facilities in foreign countries, to carry out programs
supported by this appropriation notwithstanding
PHS Act section 307.
In exercising the authority set forth in paragraphs (1) and
(2), the Secretary of Health and Human Services shall
consult with the Department of State to assure that
planned activities are within the legal strictures of the
State Department Basic Authorities Act of 1956, as
HR 5320 IH
amended, and other applicable parts of title 22, United
States Code.
SEC. 214. The Division of Federal Occupational
Health may utilize personal services contracting to employ
professional management/administrative and occupational
health professionals.
SEC. 215. Of funds appropriated in this Act and
awarded to a State under the Public Health Service Act
and title V of the Social Security Act, each State may
transfer up to 20 percent of such funds between such
grants: Provided, That funds for a single grant shall not
be increased by more than 50 percent above the original
grant award amount: Provided further, That a State exer-
cising this transfer authority must notify the Secretary of
Health and Human Services in writing at least 30 days
prior to implementing such a transfer: Provided further,
That the Secretary of Health and Human Services shall
issue guidance to implement this transfer authority.
SEC. 216. With the funds appropriated to the Na-
tional Institutes of Health in this Act, NIH is authorized
to obligate in fiscal year 2003 the full multi-year cost of
a grant or contract that is awarded in that year, and any
funds which may be deobligated subsequently shall remain
available until expended for the same purposes.
HR 5320 IH
(TRANSFER OF FUNDS)
SEC. 217. Not to exceed 3 percent of any discre-
tionary 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 10 percent
by any such transfer: Provided, That the Appropriations
Committees of both Houses of Congress are notified at
least 15 days in advance of any transfer.
TITLE 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,
$13,385,400,000, of which $5,842,199,000 shall become
available on July 1, 2003, and shall remain available
through 
September 
30, 
2004, 
and 
of 
which
$7,383,301,000 shall become available on October 1,
2003, and shall remain available through September 30,
2004, for academic year 2003–2004: Provided, That
$235,000,000 shall be available for comprehensive school
reform grants under part F of the ESEA: Provided fur-
ther, That $7,172,971,000 shall be available for basic
HR 5320 IH
grants under section 1124: Provided further, That up to
$3,500,000 of these funds shall be available to the Sec-
retary of Education on October 1, 2002, to obtain updated
local educational-agency-level census poverty data from
the Bureau of the Census: Provided further, That
$1,365,031,000 shall be available for concentration grants
under 
section 
1124A: 
Provided 
further, 
That
$2,018,499,000 shall be available for targeted grants
under section 1125: Provided further, That $793,499,000
shall be available for education finance incentive grants
under section 1125A.
IMPACT AID
For carrying out programs of financial assistance to
federally affected schools authorized by title VIII of the
Elementary and Secondary Education Act of 1965,
$1,140,500,000, of which $982,500,000 shall be for basic
support payments under section 8003(b), $50,000,000
shall be for payments for children with disabilities under
section 8003(d), $45,000,000 shall be for construction
under section 8007 and shall remain available through
September 30, 2004, $55,000,000 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.
HR 5320 IH
nology Act of 1998, and the Helen Keller National Center
Act, $3,001,840,000, of which $45,218,000 shall remain
available through September 30, 2004, of which
$30,000,000 shall be used to make awards to State Voca-
tional Rehabilitation agencies based on their performance
under the Vocational Rehabilitation State Grants program
as determined by the Secretary: Provided, That funds
available under the Vocational Rehabilitation State Grants
program may be used by State Vocational Rehabilitation
agencies to pay for the fiscal year 2003 continuation costs
of projects funded in fiscal year 2002 under title VI, Part
A of the Rehabilitation Act: Provided further, That the
funds provided for title I of the Assistive Technology Act
of 1998 (‘‘the AT Act’’) shall be allocated notwithstanding
section 105(b)(1) of the AT Act: Provided further, That
each State shall be provided $50,000 for activities under
section 102 of the AT Act: Provided further, That
$15,218,000 shall be used to support grants for up to 3
years to States under title III of the AT Act, of which
the Federal share shall not exceed 75 percent in the first
year, 50 percent in the second year, and 25 percent in
the third year, and that the requirements in section
301(c)(2) and section 302 of that Act shall not apply to
such grants.
HR 5320 IH
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.), $14,000,000.
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.), $52,014,000, of which
$1,600,000 shall be for construction and shall remain
available until expended, and of which not less than
$1,000,000 shall be used for the endowment program as
authorized under section 207: Provided, That such
$1,000,000 is available until expended.
GALLAUDET UNIVERSITY
For the Kendall Demonstration Elementary School,
the Model Secondary School for the Deaf, and the partial
support of Gallaudet University under titles I and II of
the Education of the Deaf Act of 1986 (20 U.S.C. 4301
et seq.), $94,446,000, of which not less than $1,000,000
shall be used for the endowment program as authorized
under section 207: Provided, That such $1,000,000 is
available until expended.
HR 5320 IH
VOCATIONAL AND ADULT EDUCATION
For carrying out, to the extent not otherwise pro-
vided, the Carl D. Perkins Vocational and Applied Tech-
nology Education Act, and the Adult Education and Fam-
ily Literacy Act, $1,897,560,000 of which $1,100,060,000
shall become available on July 1, 2003 and shall remain
available through September 30, 2004 and of which
$791,000,000 shall become available on October 1, 2003
and shall remain available through September 30, 2004:
Provided, That of the amount provided for Adult Edu-
cation State Grants, $70,000,000 shall be made available
for integrated English literacy and civics education serv-
ices to immigrants and other limited English proficient
populations: Provided further, That of the amount re-
served for integrated English literacy and civics education,
notwithstanding section 211 of the Adult Education and
Family Literacy Act, 65 percent shall be allocated to
States based on a State’s absolute need as determined by
calculating each State’s share of a 10-year average of the
Immigration and Naturalization Service data for immi-
grants admitted for legal permanent residence for the 10
most recent years, and 35 percent allocated to States that
experienced growth as measured by the average of the 3
most recent years for which Immigration and Naturaliza-
tion Service data for immigrants admitted for legal perma-
HR 5320 IH
nent residence are available, except that no State shall be
allocated an amount less than $60,000: Provided further,
That of the amounts made available for the Adult Edu-
cation and Family Literacy Act, $9,500,000 shall be for
national leadership activities under section 243 and
$6,560,000 shall be for the National Institute for Literacy
under section 242: Provided further, That of the amounts
made available for title I of the Perkins Act, the Secretary
may reserve up to 0.54 percent for incentive grants under
section 503 of the Workforce Investment Act, without re-
gard to section 111(a)(1)(C) of the Perkins Act: Provided
further, That of the amounts made available for the Adult
Education and Family Literacy Act, the Secretary may
reserve up to 1.72 percent for incentive grants under sec-
tion 503 of the Workforce Investment Act, without regard
to section 211(a)(3) of the Adult Education and Family
Literacy Act.
STUDENT FINANCIAL ASSISTANCE
For carrying out subparts 1, and 3 of part A, section
428K, part C and part E of title IV of the Higher Edu-
cation Act of 1965, as amended, $12,767,500,000, which
shall remain available through September 30, 2004.
The maximum Pell Grant for which a student shall
be eligible during award year 2002–2003 shall be $4,000:
Provided, That notwithstanding section 401(b)(2)(A) and
HR 5320 IH
401(g) of the Act, the Secretary shall, prior to the publica-
tion of the Pell Grant payment schedule, establish the
maximum Pell Grant award using the latest data satisfac-
tory to the Secretary to determine the maximum award
supportable by amounts available under this heading in
this and prior appropriations Acts.
HIGHER EDUCATION
For carrying out, to the extent not otherwise pro-
vided, section 121 and titles II, III, IV, V, VI, and VII
of the Higher Education Act of 1965, as amended
(‘‘HEA’’), and the Mutual Educational and Cultural Ex-
change Act of 1961, $1,883,053,000, of which $3,000,000
for interest subsidies authorized by section 121 of the
HEA, shall remain available until expended: Provided,
That $10,000,000, to remain available through September
30, 2004, shall be available to fund fellowships for aca-
demic year 2004–2005 under part A, subpart 1 of title
VII of said Act, under the terms and conditions of part
A, subpart 1: Provided further, That $1,000,000 is for
data collection and evaluation activities for programs
under the HEA, including such activities needed to comply
with the Government Performance and Results Act of
1993: Provided further, That notwithstanding any other
provision of law, funds made available in this Act to carry
out title VI of the HEA and section 102(b)(6) of the Mu-
HR 5320 IH
tual Educational and Cultural Exchange Act of 1961 may
be used to support visits and study in foreign countries
by individuals who are participating in advanced foreign
language training and international studies in areas that
are vital to United States national security and who plan
to apply their language skills and knowledge of these coun-
tries in the fields of government, the professions, or inter-
national development: Provided further, That up to one
percent of the funds referred to in the preceding proviso
may be used for program evaluation, national outreach,
and information dissemination activities: Provided further,
That the funds provided for title II of the HEA shall be
allocated notwithstanding section 210 of the said Act: Pro-
vided further, That the funds provided for part B of title
VII of the HEA may be used, at the discretion of the Sec-
retary of Education, to fund continuation awards under
title VII, part D of said Act.
HOWARD UNIVERSITY
For partial support of Howard University (20 U.S.C.
121 et seq.), $237,474,000, of which not less than
$3,600,000 shall be for a matching endowment grant pur-
suant to the Howard University Endowment Act (Public
Law 98–480) and shall remain available until expended.
HR 5320 IH
COLLEGE HOUSING AND ACADEMIC FACILITIES LOANS
PROGRAM
For Federal administrative expenses authorized
under section 121 of the Higher Education Act of 1965,
$762,000 to carry out activities related to existing facility
loans entered into under the Higher Education Act of
1965.
HISTORICALLY BLACK COLLEGE AND UNIVERSITY
CAPITAL FINANCING PROGRAM ACCOUNT
The aggregate principal amount of outstanding bonds
insured pursuant to section 344 of title III, part D of the
Higher Education Act of 1965 shall not exceed
$357,000,000, and the cost, as defined in section 502 of
the Congressional Budget Act of 1974, of such bonds shall
not exceed zero.
For administrative expenses to carry out the Histori-
cally Black College and University Capital Financing Pro-
gram entered into pursuant to title III, part D of the
Higher Education Act of 1965, as amended, $208,000.
EDUCATION RESEARCH, STATISTICS, AND ASSESSMENT
For carrying out activities authorized by the Edu-
cational Research, Development, Dissemination, and Im-
provement Act of 1994, including part E; the National
Education Statistics Act of 1994, including sections 411
and 412, $432,887,000: Provided, That $58,000,000 of
HR 5320 IH
the amount available for the national education research
institutes shall be allocated notwithstanding section
912(m)(1)(B–F) and subparagraphs (B) and (C) of sec-
tion 931(c)(2) of Public Law 103–227.
DEPARTMENTAL MANAGEMENT
PROGRAM ADMINISTRATION
For carrying out, to the extent not otherwise pro-
vided, the Department of Education Organization Act, in-
cluding rental of conference rooms in the District of Co-
lumbia and hire of two passenger motor vehicles,
$411,795,000, of which $12,795,000, to remain available
until expended, shall be for building alterations and re-
lated expenses for the modernization of the Mary E.
Switzer Building in Washington, D.C.
OFFICE FOR CIVIL RIGHTS
For expenses necessary for the Office for Civil
Rights, as authorized by section 203 of the Department
of Education Organization Act, $86,276,000.
OFFICE OF THE INSPECTOR GENERAL
For expenses necessary for the Office of the Inspector
General, as authorized by section 212 of the Department
of Education Organization Act, $41,000,000.
STUDENT AID ADMINISTRATION
For Federal administrative expenses (in addition to
funds made available under section 458), to carry out part
D of title I, and subparts 1, 3, and 4 of part A, and parts
HR 5320 IH
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 trans-
portation of any student to a school other than the school
which is nearest the student’s home, except for a student
requiring special education, to the school offering such
special education, in order to comply with title VI of the
Civil Rights Act of 1964. For the purpose of this section
an indirect requirement of transportation of students in-
cludes the transportation of students to carry out a plan
involving the reorganization of the grade structure of
schools, the pairing of schools, or the clustering of schools,
or any combination of grade restructuring, pairing or clus-
tering. The prohibition described in this section does not
include the establishment of magnet schools.
HR 5320 IH
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 3 percent of any discre-
tionary funds (pursuant to the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended)
which are appropriated for the Department of Education
in this Act may be transferred between appropriations, but
no such appropriation shall be increased by more than 10
percent by any such transfer: Provided, That the Appro-
priations Committees of both Houses of Congress are noti-
fied at least 15 days in advance of any transfer.
SEC. 305. (a) DISCRETIONARY FUNDING.—Section
458(a)(1) of the Higher Education Act of 1965 (20 U.S.C.
1087h(a)(1)), is amended—
(1) in the matter preceding subparagraph (A),
by striking ‘‘there shall be available to the Secretary,
from funds not otherwise appropriated, funds to be
obligated for—’’ and inserting in lieu thereof, ‘‘there
are authorized to be appropriated to carry out this
section such sums as may be necessary, for—’’; and
(2) in the flush language at the end thereof—
(A) by striking ‘‘such’’;
(B) by inserting ‘‘and’’ after ‘‘2001,’’ and
HR 5320 IH
(C) by striking ‘‘, and $795,000,000 in fis-
cal year 2003’’.
(b) EFFECTIVE DATE.—The amendments made by
subsection (a) shall be effective beginning in fiscal year
2003.
SEC. 306. 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
subpart only to supplement the level of non-Federal funds
that, in the absence of funds under this subpart, would
be expended for activities authorized under this subpart,
and not to supplant those non-Federal funds.’’.
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
Retirement Home—Washington and the Armed Forces
Retirement Home—Gulfport, to be paid from funds avail-
able in the Armed Forces Retirement Home Trust Fund,
$67,340,000 of which $5,712,000 shall remain available
until expended for construction and renovation of the
physical plants at the Armed Forces Retirement Home—
HR 5320 IH
Washington and the Armed Forces Retirement Home—
Gulfport.
CORPORATION FOR NATIONAL AND
COMMUNITY SERVICE
DOMESTIC VOLUNTEER SERVICE PROGRAMS, OPERATING
EXPENSES
For expenses necessary for the Corporation for Na-
tional and Community Service to carry out the provisions
of the Domestic Volunteer Service Act of 1973, as amend-
ed, $396,063,000.
CORPORATION FOR PUBLIC BROADCASTING
For payment to the Corporation for Public Broad-
casting, $25,000,000, for costs related to digital program
production, development, and distribution, associated with
the transition of public broadcasting to digital broad-
casting, to be awarded as determined by the Corporation
in consultation with public radio and television licensees
or permittees, or their designated representations.
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
HR 5320 IH
motor vehicles; for expenses necessary for the Labor-Man-
agement Cooperation Act of 1978 (29 U.S.C. 175a); and
for expenses necessary for the Service to carry out the
functions vested in it by the Civil Service Reform Act,
Public Law 95–454 (5 U.S.C. ch. 71), $40,718,000, in-
cluding $1,500,000, to remain available through Sep-
tember 30, 2004, for activities authorized by the Labor-
Management Cooperation Act of 1978 (29 U.S.C. 175a):
Provided, That notwithstanding 31 U.S.C. 3302, fees
charged, up to full-cost recovery, for special training ac-
tivities and other conflict resolution services and technical
assistance, including those provided to foreign govern-
ments and international organizations, and for arbitration
services shall be credited to and merged with this account,
and shall remain available until expended: Provided fur-
ther, That fees for arbitration services shall be available
only for education, training, and professional development
of the agency workforce: Provided further, That the Direc-
tor of the Service is authorized to accept and use on behalf
of the United States gifts of services and real, personal,
or other property in the aid of any projects or functions
within the Director’s jurisdiction.
HR 5320 IH
FEDERAL MINE SAFETY AND HEALTH REVIEW
COMMISSION
SALARIES AND EXPENSES
For expenses necessary for the Federal Mine Safety
and Health Review Commission (30 U.S.C. 801 et seq.),
$7,127,000.
INSTITUTE OF MUSEUM AND LIBRARY SERVICES
For carrying out the Museum and Library Services
Act, $210,000,000.
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 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
HR 5320 IH
Labor-Management Relations Act, 1947, as amended (29
U.S.C. 141–167), and other laws, $233,223,000: Pro-
vided, That no part of this appropriation shall be available
to organize or assist in organizing agricultural laborers or
used in connection with investigations, hearings, direc-
tives, or orders concerning bargaining units composed of
agricultural laborers as referred to in section 2(3) of the
Act of July 5, 1935 (29 U.S.C. 152), and as amended
by the Labor-Management Relations Act, 1947, as amend-
ed, and as defined in section 3(f) of the Act of June 25,
1938 (29 U.S.C. 203), and including in said definition em-
ployees engaged in the maintenance and operation of
ditches, canals, reservoirs, and waterways when main-
tained or operated on a mutual, nonprofit basis and at
least 95 percent of the water stored or supplied thereby
is used for farming purposes.
NATIONAL MEDIATION BOARD
SALARIES AND EXPENSES
For expenses necessary to carry out the provisions
of the Railway Labor Act, as amended (45 U.S.C. 151–
188), including emergency boards appointed by the Presi-
dent, $11,203,000.
HR 5320 IH
OCCUPATIONAL SAFETY AND HEALTH REVIEW
COMMISSION
SALARIES AND EXPENSES
For expenses necessary for the Occupational Safety
and Health Review Commission (29 U.S.C. 661),
$9,577,000.
RAILROAD RETIREMENT BOARD
DUAL BENEFITS PAYMENTS ACCOUNT
For payment to the Dual Benefits Payments Ac-
count, authorized under section 15(d) of the Railroad Re-
tirement Act of 1974, $132,000,000, which shall include
amounts becoming available in fiscal year 2003 pursuant
to section 224(c)(1)(B) of Public Law 98–76; and in addi-
tion an amount, not to exceed 2 percent of the amount
provided herein shall be available proportional to the
amount by which the product of recipients and the average
benefit received exceeds $132,000,000: Provided, That the
total amount provided herein shall be credited in 12 ap-
proximately equal amounts on the first day of each month
in the fiscal year.
FEDERAL PAYMENTS TO THE RAILROAD RETIREMENT
ACCOUNTS
For payment to the accounts established in the
Treasury for the payment of benefits under the Railroad
Retirement Act for interest earned on unnegotiated
checks, $150,000, to remain available through September
HR 5320 IH
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,
$97,720,000, to be derived in such amounts as determined
by the Board from the railroad retirement accounts and
from moneys credits to the railroad unemployment insur-
ance administration fund.
LIMITATION ON THE OFFICE OF INSPECTOR GENERAL
For expenses necessary for the Office of Inspector
General for audit, investigatory and review activities, as
authorized by the Inspector General Act of 1978, as
amended, not more than $6,300,000, to be derived from
the railroad retirement accounts and railroad unemploy-
ment 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 provide any office space, equipment, of-
fice supplies, communications facilities or services, mainte-
nance services, or administrative services for the Office;
used to pay any salary, benefit, or award for any personnel
of the Office; used to pay any other operating expense of
HR 5320 IH
the Office; or used to reimburse the Office for any service
provided, or expense incurred, by the Office.
SOCIAL SECURITY ADMINISTRATION
PAYMENTS TO SOCIAL SECURITY TRUST FUNDS
For payment to the Federal Old-Age and Survivors
Insurance and the Federal Disability Insurance trust
funds, as provided under sections 201(m), 228(g), and
1131(b)(2) of the Social Security Act, $20,400,000.
SPECIAL BENEFITS FOR DISABLED COAL MINERS
For carrying out title IV of the Federal Mine Safety
and Health Act of 1977, $300,177,000, to remain avail-
able 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 in-
curred in the current fiscal year, such amounts as may
be necessary.
For making benefit payments under title IV of the
Federal Mine Safety and Health Act of 1977 for the first
quarter of fiscal year 2004, $97,000,000, to remain avail-
able until expended.
SUPPLEMENTAL SECURITY INCOME PROGRAM
For carrying out titles XI and XVI of the Social Se-
curity Act, section 401 of Public Law 92–603, section 212
of Public Law 93–66, as amended, and section 405 of
HR 5320 IH
Public Law 95–216, including payment to the Social Secu-
rity trust funds for administrative expenses incurred pur-
suant to section 201(g)(1) of the Social Security Act,
$23,906,392,000, 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 ex-
pended.
LIMITATION ON ADMINISTRATIVE EXPENSES
For necessary expenses, including the hire of two pas-
senger motor vehicles, and not to exceed $15,000 for offi-
cial reception and representation expenses, not more than
$7,825,000 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-
sory Board: Provided further, That unobligated balances
of funds provided under this paragraph at the end of fiscal
HR 5320 IH
year 2003 not needed for fiscal year 2003 shall remain
available through fiscal year 2004 to invest in the Social
Security Administration information technology and tele-
communications hardware and software infrastructure, in-
cluding related equipment and non-payroll administrative
expenses associated solely with this information technology
and telecommunications infrastructure: Provided further,
That reimbursement to the trust funds under this heading
for expenditures for official time for employees of the So-
cial Security Administration pursuant to section 7131 of
title 5, United States Code, and for facilities or support
services for labor organizations pursuant to policies, regu-
lations, 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 other-
wise appropriated, as soon as possible after such expendi-
tures are made.
In addition, $111,000,000 to be derived from admin-
istration fees in excess of $5.00 per supplementary pay-
ment collected pursuant to section 1616(d) of the Social
Security Act or section 212(b)(3) of Public Law 93–66,
which shall remain available until expended. To the extent
that the amounts collected pursuant to such section
1616(d) or 212(b)(3) in fiscal year 2003 exceed
$111,000,000, the amounts shall be available in fiscal year
HR 5320 IH
2004 only to the extent provided in advance in appropria-
tions 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 pro-
grams targeted to elderly and disabled individuals under
titles XVIII and XIX of the Social Security Act.
OFFICE OF INSPECTOR GENERAL
(INCLUDING TRANSFER OF FUNDS)
For expenses necessary for the Office of Inspector
General in carrying out the provisions of the Inspector
General Act of 1978, as amended, $21,000,000, together
with not to exceed $62,000,000, to be transferred and ex-
pended as authorized by section 201(g)(1) of the Social
Security Act from the Federal Old-Age and Survivors In-
surance 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 trans-
HR 5320 IH
fers shall be transmitted promptly to the Committees on
Appropriations of the House and Senate.
UNITED STATES INSTITUTE OF PEACE
OPERATING EXPENSES
For necessary expenses of the United States Institute
of Peace as authorized in the United States Institute of
Peace Act, $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 legis-
HR 5320 IH
lature, except in presentation to the Congress or any State
legislature itself.
(b) No part of any appropriation contained in this
Act shall be used to pay the salary or expenses of any
grant or contract recipient, or agent acting for such recipi-
ent, related to any activity designed to influence legislation
or appropriations pending before the Congress or any
State legislature.
SEC. 504. The Secretaries of Labor and Education
are authorized to make available not to exceed $23,000
and $20,000, respectively, from funds available for sala-
ries and expenses under titles I and III, respectively, for
official reception and representation expenses; the Direc-
tor of the Federal Mediation and Conciliation Service is
authorized to make available for official reception and rep-
resentation expenses not to exceed $2,500 from the funds
available for ‘‘Salaries and expenses, Federal Mediation
and Conciliation Service’’; and the Chairman of the Na-
tional Mediation Board is authorized to make available for
official reception and representation expenses not to ex-
ceed $2,500 from funds available for ‘‘Salaries and ex-
penses, 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 nee-
HR 5320 IH
dles or syringes for the hypodermic injection of any illegal
drug.
SEC. 506. (a) It is the sense of the Congress that,
to the greatest extent practicable, all equipment and prod-
ucts 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
Federal agency that any person intentionally affixed a
label bearing a ‘‘Made in America’’ inscription, or any in-
scription with the same meaning, to any product sold in
or shipped to the United States that is not made in the
United States, the person shall be ineligible to receive any
contract or subcontract made with funds made available
in this Act, pursuant to the debarment, suspension, and
ineligibility procedures described in sections 9.400 through
9.409 of title 48, Code of Federal Regulations.
SEC. 507. When issuing statements, press releases,
requests for proposals, bid solicitations and other docu-
ments describing projects or programs funded in whole or
HR 5320 IH
in part with Federal money, all grantees receiving Federal
funds included in this Act, including but not limited to
State and local governments and recipients of Federal re-
search grants, shall clearly state: (1) the percentage of the
total costs of the program or project which will be financed
with Federal money; (2) the dollar amount of Federal
funds for the project or program; and (3) percentage and
dollar amount of the total costs of the project or program
that will be financed by non-governmental sources.
SEC. 508. (a) None of the funds appropriated under
this Act, and none of the funds in any trust fund to which
funds are appropriated under this Act, shall be expended
for any abortion.
(b) None of the funds appropriated under this Act,
and none of the funds in any trust fund to which funds
are appropriated under this Act, shall be expended for
health benefits coverage that includes coverage of abor-
tion.
(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 arrange-
ment.
SEC. 509. (a) The limitations established in the pre-
ceding section shall not apply to an abortion—
HR 5320 IH
(1) if the pregnancy is the result of an act of
rape or incest; or
(2) in the case where a woman suffers from a
physical disorder, physical injury, or physical illness,
including a life-endangering physical condition
caused by or arising from the pregnancy itself, that
would, as certified by a physician, place the woman
in danger of death unless an abortion is performed.
(b) Nothing in the preceding section shall be con-
strued as prohibiting the expenditure by a State, locality,
entity, or private person of State, local, or private funds
(other than a State’s or locality’s contribution of Medicaid
matching funds).
(c) Nothing in the preceding section shall be con-
strued as restricting the ability of any managed care pro-
vider from offering abortion coverage or the ability of a
State or locality to contract separately with such a pro-
vider 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
HR 5320 IH
(2) research in which a human embryo or em-
bryos are destroyed, discarded, or knowingly sub-
jected to risk of injury or death greater than that
allowed for research on fetuses in utero under 45
CFR 46.208(a)(2) and section 498(b) of the Public
Health Service Act (42 U.S.C. 289g(b)).
(b) For purposes of this section, the term ‘‘human
embryo or embryos’’ includes any organism, not protected
as a human subject under 45 CFR 46 as of the date of
the enactment of this Act, that is derived by fertilization,
parthenogenesis, cloning, or any other means from one or
more human gametes or human diploid cells.
SEC. 511. (a) None of the funds made available in
this Act may be used for any activity that promotes the
legalization of any drug or other substance included in
schedule I of the schedules of controlled substances estab-
lished by section 202 of the Controlled Substances Act (21
U.S.C. 812).
(b) The limitation in subsection (a) shall not apply
when there is significant medical evidence of a therapeutic
advantage to the use of such drug or other substance or
that federally sponsored clinical trials are being conducted
to determine therapeutic advantage.
HR 5320 IH
SEC. 512. None of the funds made available in this
Act may be obligated or expended to enter into or renew
a contract with an entity if—
(1) such entity is otherwise a contractor with
the United States and is subject to the requirement
in section 4212(d) of title 38, United States Code,
regarding submission of an annual report to the Sec-
retary of Labor concerning employment of certain
veterans; and
(2) such entity has not submitted a report as
required by that section for the most recent year for
which such requirement was applicable to such enti-
ty.
SEC. 513. None of the funds made available in this
Act may be used to promulgate or adopt any final stand-
ard under section 1173(b) of the Social Security Act (42
U.S.C. 1320d–2(b)) providing for, or providing for the as-
signment 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 specifi-
cally approving the standard.
SEC. 514. (a) In this section the term ‘‘qualified mag-
istrate judge’’ means any person who—
(1) retired as a magistrate judge before Novem-
ber 15, 1988; and
HR 5320 IH
(2) on the date of filing an election under sub-
section (b)—
(A) is serving as a recalled magistrate
judge on a full-time basis under section 636(h)
of title 28, United States Code; and
(B) has completed at least 5 years of full-
time recall service.
(b) The Director of the Administrative Office of the
United States Courts may accept the election of a quali-
fied magistrate judge to—
(1) receive an annuity under section 377 of title
28, United States Code; and
(2) come within the purview of section 376 of
such title.
(c) Full-time recall service performed by a qualified
magistrate judge shall be credited for service in calculating
an annuity elected under this section.
(d) The Director of the Administrative Office of the
United States Courts may promulgate regulations to carry
out this section.
SEC. 515. None of the funds made available in this
Act may be transferred to any department, agency, or in-
strumentality of the United States Government, except
pursuant to a transfer made by, or transfer authority pro-
vided in, this Act or any other appropriation Act.
HR 5320 IH
This Act may be cited as the ‘‘Departments of Labor,
Health and Human Services, and Education, and Related
Agencies Appropriations Act, 2003’’.
Æ