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Omnibus Bill Ready for Conference

On January 23, the Senate approved 69-29, an omnibus appropriations package that was attached to a continuing resolution (H. J. Res. 2) passed by the House on January 8 (see The Source, 1/10/03). Since two of the 13 appropriations bills have been enacted–defense and military construction–H. J. Res. 2 would provide $391 billion in discretionary spending for the remaining 11 appropriations bills in FY2003. Senate passage of H. J. Res. 2 sends the bill to conference with the House.

On January 22, the Senate approved, by unanimous consent, an amendment by Sens. Richard Durbin (D-IL) and Mike DeWine (R-OH) that would provide an additional $180 million for global HIV/AIDS programs. Of that amount, $100 million would be made available for the Global Fund to Fight AIDS, Tuberculosis, and Malaria.

An amendment by Sen. Christopher Dodd (D-CT) also was accepted by unanimous consent. The amendment would forward fund $1.5 billion for special education in FY2004.

On January 23, Sen. Barbara Boxer (D-CA) offered an amendment that would express the sense of the Senate that every effort should be made to accommodate the waiting lists of children needing access to after-school programs and to fund after-school programs at the level authorized in the No Child Left Behind Act. The amendment was approved by unanimous consent.

Another amendment, offered by Sen. Barbara Mikulski (D-MD), would provide $20 million for the Nurse Reinvestment Act, which was signed into law last year. The amendment was approved by unanimous consent.

Several other amendments were approved by unanimous consent, including:

  • an amendment by Sen. Rick Santorum (R-PA) that would make funds available for the treatment and prevention of HIV/AIDS, including those programs and activities that are designed to maintain and preserve the families of persons living with HIV/AIDS and to reduce the numbers of orphans created by HIV/AIDS;
  • an amendment by Sens. Mary Landrieu (D-LA) and Olympia Snowe (R-ME) that would provide for the protection of the rights of women in Afghanistan and improve the conditions for women in Afghanistan;
  • an amendment by Sen. Dodd that would exempt Head Start from the across-the-board cuts approved last week; and
  • an amendment by Sen. Patrick Leahy (D-VT) that would provide funding for international family planning programs.

The Senate rejected an amendment by Sen. Edward Kennedy (D-MA) that would have provided an additional $584.65 million to reduce health disparities and promote minority health. Of that amount, $43.49 million would have been appropriated to the National Center on Minority Health and Health Disparities at the National Institutes of Health; $12.02 million would have been allocated to the HHH Office on Minority Health; $12.33 million would have been appropriated to the HHS Office of Civil Rights; $491.5 million would be allocated to the HHS Minority HIV/AIDS Initiative; $13.31 million would be appropriated to the Health Resources and Services Administration’s health professional training for diversity program. The amendment was tabled by a vote of 51-46.

Agriculture
In FY2003, H. J. Res. 2 would provide $17.4 billion in discretionary funding for agricultural programs. Congress allocated $16 billion in discretionary funding in FY2002.

The bill would provide $4.7 billion for the Special Supplemental Nutrition Program for Women, Infants, and Children (WIC) in FY2003. A reserve fund of $125 million also would be provided in the event that WIC costs or participation in the program exceeded the funding levels. Last year, Congress allocated $4.348 billion for WIC programs.

Child nutrition programs would receive $10.5 billion in FY2003. Of this amount, $3.3 million would be used for a School Breakfast Program and $500,000 would be used for the Child Nutrition Archive Resource Center. Child nutrition programs received $10.1 billion in FY2002.

In addition, the Food and Drug Administration would receive $1.4 billion in FY2003, a $209 million increase over FY2002. Of this amount, $16.1 million would be provided by the Mammography Quality Standards Act user fees.

H. J. Res. 2 also would provide $3 million for the FDA’s Office of Women’s Health. Committee report language states that the committee believes that “it is imperative for the FDA to pay sufficient attention to gender-based research, ensuring that products approved by the FDA are safe and effective for women as well as men.”

Commerce, Justice, State
H. J. Res. 2 would provide $47 billion to fund the Commerce, Justice, and State Departments in FY2003. In FY2002, Congress allocated $41.6 billion for these departments.

Department of Justice
While the measure traditionally prohibits the use of federal funds to pay for abortions for women in federal prisons, H. J. Res. 2 does not include this provision. Conferees are expected to reinstate the provision; the President threatened to veto the bill if it is not included.

Office of Justice Programs: In FY2003, the Office of Justice Programs would receive $2.2 billion. Last year, Congress allocated $836 million for these programs.

The Local Law Enforcement Block Grants would be level-funded at $400 million. In addition, the bill would earmark funding for the Boys and Girls Club at $90 million.

Programs under the Violence Against Women act would be level-funded at $390.6 million and would receive the following grants:

  • $12 million for Court Appointed Special Advocates;
  • $2.3 million for training for judicial personnel;
  • $1 million for televised testimony;
  • $65 million for grants to encourage arrests;
  • $40 million for rural domestic violence grants;
  • $5 million for training programs;
  • $3 million for a stalking database;
  • $10 million to combat violence on college campuses;
  • $40 million for civil legal assistance;
  • $5 million for an elderly abuse grant program;
  • $15 million for a Safe Haven program; and
  • $7.5 million for education and training for disabled female victims.

Juvenile Justice Programs: H. J. Res. 2 would provide $315 million for Juvenile Justice programs. Of this amount, $11 million would be provided for the Victims of Child Abuse Act.

Department of State
The State Department would receive $7.2 billion in FY2003. Last year’s allocation was $7.6 billion.

H. J. Res. 2 would provide $2 million for the National Endowment for Democracy to establish a program for women’s rights in Afghanistan.

Other Agencies
The Legal Services Corporation and the U.S. Commission on Civil Rights would be level-funded at $329 million and $9.096 million respectively. The Equal Employment Opportunity Commission would receive a $10 million increase to $320.4 million in FY2003.

Several programs related to women-owned businesses would be level-funded. Women’s Business Centers would receive $12 million in FY2003 and the National Women’s Business Council would receive $750,000.

District of Columbia
The bill would provide $512 million in FY2003 for the District of Columbia, $144 million more than the President’s request. Congress provided $517 million in FY2002.

H. J. Res. 2 would maintain current law with respect to the prohibition on the use of local and federal funds for abortion coverage for low-income women on Medicaid and implementation of a voter referendum approving the medical use of marijuana. Exceptions for abortion coverage are made in the cases of rape, incest, or life endangerment.

In addition, the measure would maintain current law allowing the use of local funds to implement a D.C. law that permits municipal employees to purchase health insurance benefits for their domestic partners, regardless of gender or marital status. The measure also maintain current law, allowing the use of local funds for needle exchange programs.

H. J. Res. 2 also includes a provision allowing the District of Columbia to enact contraceptive coverage legislation; however, the bill also states that “it is the intent of Congress that any legislation enacted on such an issue should include a ‘conscience clause’ which provides exceptions for religious beliefs and moral convictions.”

Foreign Operations
H. J. Res. 2 would provide $16.3 billion in discretionary spending, roughly the same amount provided in FY2002.

The measure would provide $1.8 billion in FY2003 for the Child Survival and Health Programs Fund, which funds activities and programs aimed at reducing child mortality and morbidity. Of that amount, $120 million would be provided for the United Nations Children’s Fund, the same as last year’s funding level.

H. J. Res. 2 would provide $791.5 million for HIV/AIDS programs. Of that amount, $200 million would be provided for the Global Fund to Fight AIDS, Tuberculosis, and Malaria and up to $100 million for the Mother-to-Child HIV Prevention program. Congress allocated $475 million for global HIV/AIDS programs in FY2002.

In addition, microbicide research would receive $18 million in FY2003, a $3 million increase over last year’s allocation.

International family planning programs would receive $425 million in FY2003. Last year, Congress allocated $446 million for these programs. Additionally, H. J. Res. 2 would provide $75 million for maternal health activities.

H. J. Res. 2 also would allocate $1.4 billion in development assistance for the U.S. Agency for International Development (USAID). Last year, $1.2 billion was appropriated for development assistance. The USAID’s Office of Women in Development would be level-funded at $15 million.

In FY2003, Women’s Campaign International, which works to enhance the status of women, would receive $600,000.

H. J. Res. 2 would provide $5 million to support the Afghan Ministry of Women’s Affairs to establish multi-service women’s centers throughout Afghanistan and to initiate programs to improve girl’s and women’s education and health, protect their legal rights, and expand their economic opportunities.

The bill also would level-fund programs and activities to counter trafficking in persons at $20 million.

Labor, Health and Human Services, Education
The Senate approved $131.4 billion in discretionary spending for the Departments of Labor, Health and Human Services, and Education in FY2003. Congress allocated $127.6 billion in discretionary funding for these departments in FY2002.

The bill retains prohibitions on the use of federal funds for needle exchange programs, the creation of human embryos for research purposes, and abortion coverage for women on Medicare or Medicaid except in cases of rape, incest, or life endangerment.

Department of Labor
Dislocated workers assistance would receive $1.1 billion in FY2003. This program received $1.5 billion in FY2003.

The Women in Apprenticeships and Nontraditional Occupations Act is level-funded at $1 million. The Department of Labor’s Women’s Bureau would receive $10.97 million in FY2003. In FY2002, Congress allocated $10.16 million.

Department of Health and Human Services
The National Institutes of Health (NIH) would receive $27 billion in FY2003. Last year, the NIH received $23 billion.

Health Resources and Services Administration (HRSA): Community health centers would receive $1.5 billion in FY2003. Last year’s allocation was $1.34 billion. In addition, $741 million would be provided for the Maternal and Child Health Block Grant. Congress allocated $731 million in FY2002.

The healthy start infant mortality initiative would receive $99 million in FY2003, a $4 million decrease from last year’s allocation. H. J. Res. 2 also would level-fund universal newborn hearing screening and early intervention activities at $10 million.

Ryan White: The Ryan White CARE Act would receive a $161.4 million increase to $2.1 billion. Of this amount, $75 million would be provided to help children, youth, women, and families infected with, or affected by, HIV/AIDS.

Family Planning: Title X, the nation’s family planning program, would receive $285 million, approximately $20 million more than FY2002.

Centers for Disease Control and Prevention (CDC): Under the CDC budget, $99.8 million would be provided for the prevention of birth defects, developmental disabilities, and disability and health activities. That would represent a $9.9 million increase over the FY2002 level.

Chronic disease prevention and health promotion would receive $746 million. Last year’s allocation was $747 million. In addition, H. J. Res. 2 would provide $1.17 billion for HIV/AIDS, sexually transmitted diseases, and tuberculosis prevention at the CDC, an increase of $33.5 million over last year.

Substance Abuse and Mental Health Services Administration (SAMHSA): SAMHSA would receive $3.2 billion in FY2003, $99.8 million more than the FY2002 level.

Center for Mental Health Services: H. J. Res. 2 would provide $838 million for mental health services. Congress allocated $831.9 million in FY2002.

Center for Substance Abuse Treatment: The committee recommends $2.1 billion be provided for substance abuse treatment programs. This allocation is $88.7 million more than last year’s level.

Agency for Healthcare Research and Quality (AHRQ): AHRQ would receive $308 million in FY2003. Congress allocated $298.7 million in FY2002.

Administration for Children and Families Child Care and Development Block Grant: H. J. Res. 2 would provide $2.1 billion for the Child Care and Development Block Grant to provide low-income families with financial assistance for child care. This funding level is $18,000 more than last year’s allocation.

Social Services Block Grant (SSBG): The bill would level-fund the Social Services Block Grant at $1.7 billion. Up to 10 percent of SSBG funds may be transferred to the Temporary Assistance for Needy Families program.

Child Support Enforcement and Family Support Programs: H. J. Res. 2 would allocate $2.48 billion in FY2003 for payments to states for child support enforcement and family support programs to help promote the self-sufficiency and economic security of low-income families. Last year, Congress allocated $2.54 billion for these programs.

International Trafficking: Under the Refugee and Entrant Assistance account, a program to aid victims of trafficking is level-funded at $10 million.

Child and Families Services Programs: Head Start would receive $6.7 billion in FY2003. Last year, Congress allocated $6.5 billion for Head Start.

The bill does not include the $10 million that the President requested for the Maternity Group Homes program. Rather, action on this program has been deferred until language authorizing this program is enacted.

H. J. Res. 2 also would allocate $48.4 million for child abuse and neglect prevention and treatment activities. This amount includes level funding of $22 million for state grants. Programs to increase abandoned infant assistance would receive $12.2 million, an increase of $3,000 over the FY2002 level.

Child welfare services would be level-funded at $292 million.

Adoption: H. J. Res. 2 would provide $27.4 million for adoption opportunities, an increase of $20,000 over the FY2002 level. In addition, H. J. Res. 2 also would level-fund adoption incentives at $43 million and level-fund the Adoption Awareness program at $12.9 million.

Mentoring Children of Prisoners: Funding for the new Mentoring Children of Prisoners program in FY2003 would be level-funded at $12.5 million. This program is geared towards helping children while their parents are imprisoned and increasing “the chances that the family will come together successfully when the parent is released.”

Promoting Safe and Stable Families: H. J. Res. 2 would provide $505 million for the Promoting Safe and Stable Families program in FY2003. This allocation is the same as the President’s request and $140 million more than the FY2002 level. Funding for this program helps to support family preservation services, time-limited family reunification services, community-based family support services, and adoption promotion and support services.

Violence Against Women Act (VAWA): The bill would fund several VAWA programs. The National Domestic Violence Hotline would receive $3 million. Last year, Congress allocated $2.157 million for the hotline. In addition, battered women’s shelters would receive a $5.5 million increase to $130 million.

Public Health Service’s Office on Women’s Health (PHS-OWH): The PHS-OWH would receive $28.8 million in FY2003. Last year, the PHS-OWH received $26.8 million.

Public Health Service’s Office on Minority Health (PHS-OMH): The PHS-OMH would receive $46 million in FY2003. This amount is $3.23 million less than last year’s allocation.

Administration on Aging National Family Caregivers: H. J. Res. 2 would provide $150 million for the National Family Caregiver Support Program. This funding level is $14 million more than last year’s allocation.

Department of Education
No Child Left Behind: Grants to local educational agencies under the No Child Left Behind Act (P.L. 107-110) would receive $11.3 billion in FY2003, $1 billion more than the FY2002 allocation. The large increase in funding for this program would help all students in high-poverty schools “meet challenging state academic standards.” The program serves more than 15 million students in almost all school districts and more than half of all public schools.

Reading First and Early Reading First: The bill would increase the funding level for the Reading First State Grants from $900 million to $1 billion in FY2003, while the Early Reading First program would be level-funded at $75 million.

William F. Goodling Even Start Family Literacy Program: H. J. Res. 2 would provide $200 million for this literacy program in FY2003, $50 million less than the FY2002 allocation. The program provides grants for family literacy programs that serve disadvantaged families with children under eight years of age. The programs combine early childhood education, adult literacy, and parenting education.

Teacher Quality: State Grants for Improving Teacher Quality would be level-funded at $2.9 billion.

Individuals with Disabilities Education Act (IDEA): H. J. Res. 2 would provide $9.7 billion for special education programs authorized under IDEA. Of that amount, $1.5 million would be used to “provide information on diagnosis, intervention, and teaching strategies for children with disabilities.”

Pell Grants: The maximum Pell Grant award is increased to $4,100 in FY2003, a $100 increase over last year’s maximum award.

Child Care Access Means Parents in School (CAMPUS): Funding for the CAMPUS program would be reduced by $8.7 million to $16.3 million in FY2003. According to report language, this program helps support the “efforts of a growing number of non-traditional students who are struggling to complete their college degrees at the same time that they take care of their children.” The committee report explains that funding for this program was reduced because of “the $8.7 million lapsed in FY2001” and the Department’s expectation that funds will remain unused in FY2002.

Office for Civil Rights: The bill would provide $86.3 million for the Office for Civil Rights to enforce laws that prohibit discrimination on the basis of race, color, national origin, sex, disability, and age in all programs and institutions funded by the Department of Education. This funding level is $6.3 million more than the FY2002 appropriation.

Transportation
In FY2003, H. J. Res. 2 would provide $22.2 billion for the Transportation and Related Agencies appropriations bill. Congress allocated $18.9 billion in FY2002.

The Minority Business Resource Center program would be level-funded at $900,000 in FY2003. Minority business outreach is also level-funded at $3 million.

H. J. Res. 2 would provide $150 million for job access and reverse commute grants. Congress allocated $125 million in FY2002 for these grants, which are used to aid welfare-to-work recipients living in “urbanized areas with populations greater than 200,000” with transportation costs associated with their jobs. Under the program, no more than $150 million may be used for individuals living in cities to commute to jobs in the suburbs.

Treasury, Postal, and General Government
In FY2003, H. J. Res. 2 would provide $18.2 billion in discretionary spending for the Treasury, Postal Service and General Government appropriations bill. Congress allocated $18.55 billion in FY2002.

The bill would maintain current law requiring health plans participating in the Federal Employees Health Benefits Program (FEHBP) to cover prescription contraceptives if they cover other prescription drugs. Physicians and others who provide contraceptives are exempted from the requirement if they object based on religious beliefs. Religiously affiliated health plans also are exempt.

While the measure traditionally prohibits abortion coverage under FEHBP, except when the life of the mother is endangered or in the case of rape or incest, the provision was not included in H. J. Res. 2. Conferees are expected to reinstate the provision; the President threatened to veto the bill if it was not included.

H. J. Res. 2 also would renew a provision that allows women to breastfeed their children in federal buildings or on federal property, as well as a provision that requires agencies to administer a policy to ensure that all workplaces are free from discrimination and sexual harassment.

Veterans Affairs and Housing and Urban Development (VA-HUD)
The VA-HUD spending bill would receive $90.4 billion in discretionary spending in FY2003. Congress allocated $95.41 billion in FY2002.

In FY2003, H. J. Res. 2 would provide $292 million for the Housing Opportunities for People with AIDS program, a $14 million increase over last year.

In addition, the bill would provide $1.2 billion for homeless programs, including funding to renew Shelter Plus Care contracts, which provide supportive housing for homeless people with disabilities and their families. Congress allocated $1.1 billion for homeless assistance grants in FY2002.