I 

108TH CONGRESS 

1ST SESSION H. R. 2618

Making appropriations for the Departments of Labor, Health and Human 

Services, and Education, and related agencies for the fiscal year ending 

September 30, 2004, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 26, 2003

Mr. OBEY 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 agencies for the fiscal year ending September 30, 2004, and 

for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 That the following sums are appropriated, out of any 

4 money in the Treasury not otherwise appropriated, for the 

5 Departments of Labor, Health and Human Services, and 

6 Education, and related agencies for the fiscal year ending 

7 September 30, 2004, and for other purposes, namely: 
2

•HR 2618 IH 

1 TITLE I—DEPARTMENT OF LABOR 

2 EMPLOYMENT AND TRAINING ADMINISTRATION

3 TRAINING AND EMPLOYMENT SERVICES

4 For necessary expenses of the Workforce Investment 

5 Act of 1998, including the purchase and hire of passenger 

6 motor vehicles, the construction, alteration, and repair of 

7 buildings and other facilities, and the purchase of real 

8 property for training centers as authorized by such Act; 

9 $2,614,039,000 plus reimbursements, of which 

10 $1,582,858,000 is available for obligation for the period 

11 July 1, 2004 through June 30, 2005, except that amounts 

12 determined by the Secretary of Labor to be necessary pur13 suant to sections 173(a)(4)(A) and 174(c) of such Act 

14 shall be available from October 1, 2003 until expended; 

15 of which $1,000,965,000 is available for obligation for the 

16 period April 1, 2004 through June 30, 2005; and of which 

17 $30,216,000 is available for the period July 1, 2004 

18 through June 30, 2007 for necessary expenses of construc19 tion, rehabilitation, and acquisition of Job Corps centers: 

20 Provided, That notwithstanding any other provision of 

21 law, of the funds provided herein under section 137(c) of 

22 such Act, $305,993,000 shall be for activities described 

23 in section 132(a)(2)(A) of such Act and $1,155,152,000 

24 shall be for activities described in section 132(a)(2)(B) of 

25 such Act: Provided further, That, notwithstanding any 
3

•HR 2618 IH 

1 other provision of law or related regulation, $60,000,000 

2 shall be for carrying out section 167 such Act, including 

3 $56,000,000 for formula grants and $3,600,000 for mi4 grant and seasonal housing, including permanent housing, 

5 and $400,000 for other discretionary purposes: Provided 

6 further, That funds appropriated under this heading in 

7 Public Law 108–7 for migrant and seasonal farmworkers 

8 housing shall be made available only under the terms and 

9 conditions in effect June 30, 2002, and shall include fund10 ing for permanent housing: Provided further, That not11 withstanding the transfer limitation under section 

12 133(b)(4) of such Act, up to 30 percent of such funds 

13 may be transferred by a local board if approved by the 

14 Governor: Provided further, That funds provided to carry 

15 out section 171(d) of such Act may be used for demonstra16 tion projects that provide assistance to new entrants in 

17 the workforce and incumbent workers: Provided further,

18 That no funds from any other appropriation shall be used 

19 to provide meal services at or for Job Corps centers: Pro20 vided further, That notwithstanding any other provision of 

21 law, funds awarded under a grant issued by the Depart22 ment of Labor pursuant to section 173 of such Act on 

23 June 30, 2001, to the San Diego Workforce Partnership 

24 may be used to provide services to spouses of military per25 sonnel. 
4

•HR 2618 IH 

1 For necessary expenses of the Workforce Investment 

2 Act of 1998, including the purchase and hire of passenger 

3 motor vehicles, the construction, alteration, and repair of 

4 buildings and other facilities, and the purchase of real 

5 property for training centers as authorized by such Act; 

6 $2,463,000,000 plus reimbursements, of which 

7 $2,363,000,000 is available for obligation for the period 

8 October 1, 2004 through June 30, 2005, and of which 

9 $100,000,000 is available for the period October 1, 2004 

10 through June 30, 2007, for necessary expenses of con11 struction, rehabilitation, and acquisition of Job Corps cen12 ters. 

13 COMMUNITY SERVICE EMPLOYMENT FOR OLDER

14 AMERICANS

15 To carry out title V of the Older Americans Act of 

16 1965, as amended, $440,200,000. 

17 FEDERAL UNEMPLOYMENT BENEFITS AND ALLOWANCES

18 For payments during the current fiscal year of trade 

19 adjustment benefit payments and allowances under part 

20 I; and for training, allowances for job search and reloca21 tion, and related State administrative expenses under part 

22 II, subchapters B and D, chapter 2, title II of the Trade 

23 Act of 1974, as amended (including the benefits and serv24 ices described under sections 123(c)(2) and 151(b) and 

25 (c) of the Trade Adjustment Assistance Reform Act of 

26 2002 (Public Law 107–210)), $1,338,200,000, together 
5

•HR 2618 IH 

1 with such amounts as may be necessary to be charged to 

2 the subsequent appropriation for payments for any period 

3 subsequent to September 15 of the current year. 

4 STATE UNEMPLOYMENT INSURANCE AND EMPLOYMENT

5 SERVICE OPERATIONS

6 For authorized administrative expenses, 

7 $142,520,000, together with not to exceed 

8 $3,472,861,000 (including not to exceed $1,228,000 

9 which may be used for amortization payments to States 

10 which had independent retirement plans in their State em11 ployment service agencies prior to 1980), which may be 

12 expended from the Employment Security Administration 

13 Account in the Unemployment Trust Fund including the 

14 cost of administering section 51 of the Internal Revenue 

15 Code of 1986, as amended, section 7(d) of the Wagner16 Peyser Act, as amended, the Trade Act of 1974, as 

17 amended, the Immigration Act of 1990, and the Immigra18 tion and Nationality Act, as amended, and of which the 

19 sums available in the allocation for activities authorized 

20 by title III of the Social Security Act, as amended (42 

21 U.S.C. 502–504), and the sums available in the allocation 

22 for necessary administrative expenses for carrying out 5 

23 U.S.C. 8501–8523, shall be available for obligation by the

24 States through December 31, 2004, except that funds 

25 used for automation acquisitions shall be available for obli26 gation by the States through September 30, 2006; of 
6

•HR 2618 IH 

1 which $142,520,000, together with not to exceed 

2 $768,257,000 of the amount which may be expended from 

3 said trust fund, shall be available for obligation for the 

4 period July 1, 2004 through June 30, 2005, to fund ac5 tivities under the Act of June 6, 1933, as amended, in6 cluding the cost of penalty mail authorized under 39 

7 U.S.C. 3202(a)(1)(E) made available to States in lieu of 

8 allotments for such purpose: Provided, That to the extent 

9 that the Average Weekly Insured Unemployment (AWIU) 

10 for fiscal year 2004 is projected by the Department of 

11 Labor to exceed 3,227,000, an additional $28,600,000 

12 shall be available for obligation for every 100,000 increase 

13 in the AWIU level (including a pro rata amount for any 

14 increment less than 100,000) from the Employment Secu15 rity Administration Account of the Unemployment Trust 

16 Fund: Provided further, That funds appropriated in this 

17 Act which are used to establish a national one-stop career 

18 center system, or which are used to support the national 

19 activities of the Federal-State unemployment insurance 

20 programs, may be obligated in contracts, grants or agree21 ments with non-State entities: Provided further, That 

22 funds appropriated under this Act for activities authorized 

23 under the Wagner-Peyser Act, as amended, and title III 

24 of the Social Security Act, may be used by the States to 

25 fund integrated Employment Service and Unemployment 
7

•HR 2618 IH 

1 Insurance automation efforts, notwithstanding cost alloca2 tion principles prescribed under Office of Management 

3 and Budget Circular A–87. 

4 ADVANCES TO THE UNEMPLOYMENT TRUST FUND AND

5 OTHER FUNDS

6 For repayable advances to the Unemployment Trust 

7 Fund as authorized by sections 905(d) and 1203 of the 

8 Social Security Act, as amended, and to the Black Lung 

9 Disability Trust Fund as authorized by section 9501(c)(1) 

10 of the Internal Revenue Code of 1954, as amended; and 

11 for nonrepayable advances to the Unemployment Trust 

12 Fund as authorized by section 8509 of title 5, United 

13 States Code, and to the ‘‘Federal unemployment benefits 

14 and allowances’’ account, to remain available until Sep15 tember 30, 2005, $467,000,000. 

16 In addition, for making repayable advances to the 

17 Black Lung Disability Trust Fund in the current fiscal 

18 year after September 15, 2004, for costs incurred by the 

19 Black Lung Disability Trust Fund in the current fiscal 

20 year, such sums as may be necessary. 

21 PROGRAM ADMINISTRATION

22 For expenses of administering employment and train23 ing programs, $115,824,000, including $2,393,000 to ad24 minister welfare-to-work grants, together with not to ex25 ceed $56,503,000, which may be expended from the Em-
8

•HR 2618 IH 

1 ployment Security Administration Account in the Unem2 ployment Trust Fund. 

3 EMPLOYEE BENEFITS SECURITY ADMINISTRATION

4 SALARIES AND EXPENSES

5 For necessary expenses for the Pension and Welfare 

6 Benefits Administration, $128,605,000. 

7 PENSION BENEFIT GUARANTY CORPORATION

8 PENSION BENEFIT GUARANTY CORPORATION FUND

9 The Pension Benefit Guaranty Corporation is author10 ized to make such expenditures, including financial assist11 ance authorized by section 104 of Public Law 96–364, 

12 within limits of funds and borrowing authority available 

13 to such Corporation, and in accord with law, and to make 

14 such contracts and commitments without regard to fiscal 

15 year limitations as provided by section 104 of the Govern16 ment Corporation Control Act, as amended (31 U.S.C. 

17 9104), as may be necessary in carrying out the program 

18 through September 30, 2004, for such Corporation: Pro19 vided, That none of the funds available to the Corporation 

20 for fiscal year 2004 shall be available for obligations for 

21 administrative expenses in excess of $228,772,000: Pro22 vided further, That obligations in excess of such amount 

23 may be incurred after approval by the Office of Manage24 ment and Budget and the Committees on Appropriations 

25 of the House and the Senate. 
9

•HR 2618 IH 

1 EMPLOYMENT STANDARDS ADMINISTRATION

2 SALARIES AND EXPENSES

3 For necessary expenses for the Employment Stand4 ards Administration, including reimbursement to State, 

5 Federal, and local agencies and their employees for inspec6 tion services rendered, $395,697,000, together with 

7 $2,056,000 which may be expended from the Special Fund 

8 in accordance with sections 39(c), 44(d) and 44(j) of the 

9 Longshore and Harbor Workers’ Compensation Act: Pro10 vided, That $1,250,000 shall be for the development of 

11 an alternative system for the electronic submission of re12 ports required to be filed under the Labor-Management 

13 Reporting and Disclosure Act of 1959, as amended, and 

14 for a computer database of the information for each sub15 mission by whatever means, that is indexed and easily 

16 searchable by the public via the Internet: Provided further,

17 That the Secretary of Labor is authorized to accept, re18 tain, and spend, until expended, in the name of the De19 partment of Labor, all sums of money ordered to be paid 

20 to the Secretary of Labor, in accordance with the terms 

21 of the Consent Judgment in Civil Action No. 91–0027 of 

22 the United States District Court for the District of the 

23 Northern Mariana Islands (May 21, 1992): Provided fur24 ther, That the Secretary of Labor is authorized to estab25 lish and, in accordance with 31 U.S.C. 3302, collect and 
10

•HR 2618 IH 

1 deposit in the Treasury fees for processing applications 

2 and issuing certificates under sections 11(d) and 14 of the 

3 Fair Labor Standards Act of 1938, as amended (29 

4 U.S.C. 211(d) and 214) and for processing applications 

5 and issuing registrations under title I of the Migrant and 

6 Seasonal Agricultural Worker Protection Act (29 U.S.C. 

7 1801 et seq.). 

8 SPECIAL BENEFITS

9 (INCLUDING TRANSFER OF FUNDS)

10 For the payment of compensation, benefits, and ex11 penses (except administrative expenses) accruing during 

12 the current or any prior fiscal year authorized by title 5, 

13 chapter 81 of the United States Code; continuation of ben14 efits as provided for under the heading ‘‘Civilian War Ben15 efits’’ in the Federal Security Agency Appropriation Act, 

16 1947; the Employees’ Compensation Commission Appro17 priation Act, 1944; sections 4(c) and 5(f) of the War 

18 Claims Act of 1948 (50 U.S.C. App. 2012); and 50 per19 cent of the additional compensation and benefits required 

20 by section 10(h) of the Longshore and Harbor Workers’ 

21 Compensation Act, as amended, $163,000,000, together 

22 with such amounts as may be necessary to be charged to 

23 the subsequent year appropriation for the payment of 

24 compensation and other benefits for any period subse25 quent to August 15 of the current year: Provided, That 

26 amounts appropriated may be used under section 8104 of 
11

•HR 2618 IH 

1 title 5, United States Code, by the Secretary of Labor to 

2 reimburse an employer, who is not the employer at the 

3 time of injury, for portions of the salary of a reemployed, 

4 disabled beneficiary: Provided further, That balances of re5 imbursements unobligated on September 30, 2002, shall 

6 remain available until expended for the payment of com7 pensation, benefits, and expenses: Provided further, That 

8 in addition there shall be transferred to this appropriation 

9 from the Postal Service and from any other corporation 

10 or instrumentality required under section 8147(c) of title 

11 5, United States Code, to pay an amount for its fair share 

12 of the cost of administration, such sums as the Secretary 

13 determines to be the cost of administration for employees 

14 of such fair share entities through September 30, 2004: 

15 Provided further, That of those funds transferred to this 

16 account from the fair share entities to pay the cost of ad17 ministration of the Federal Employees’ Compensation Act, 

18 $39,315,000 shall be made available to the Secretary as 

19 follows: (1) for enhancement and maintenance of the auto20 mated data processing systems and telecommunications 

21 systems, $11,618,000; (2) for automated workload proc22 essing operations, including document imaging, central23 ized mail intake, and medical bill processing, $14,496,000;

24 (3) for periodic roll management and medical review, 

25 $13,210,000; and (4) the remaining funds shall be paid 
12

•HR 2618 IH 

1 into the Treasury as miscellaneous receipts: Provided fur2 ther, That the Secretary may require that any person fil3 ing a notice of injury or a claim for benefits under chapter 

4 81 of title 5, United States Code, or 33 U.S.C. 901 et 

5 seq., provide as part of such notice and claim, such identi6 fying information (including Social Security account num7 ber) as such regulations may prescribe. 

8 SPECIAL BENEFITS FOR DISABLED COAL MINERS

9 For carrying out title IV of the Federal Mine Safety 

10 and Health Act of 1977, as amended by Public Law 107–

11 275 (the ‘‘Act’’), $300,000,000, to remain available until 

12 expended. 

13 For making, after July 31 of the current fiscal year, 

14 benefit payments to individuals under title IV of the Act, 

15 for costs incurred in the current fiscal year, such amounts 

16 as may be necessary. 

17 For making benefit payments under title IV of the 

18 Act for the first quarter of fiscal year 2005, $88,000,000, 

19 to remain available until expended. 

20 ADMINISTRATIVE EXPENSES, ENERGY EMPLOYEES

21 OCCUPATIONAL ILLNESS COMPENSATION FUND

22 (INCLUDING TRANSFER OF FUNDS)

23 For necessary expenses to administer the Energy 

24 Employees Occupational Illness Compensation Act, 

25 $55,074,000, to remain available until expended: Pro26 vided, That the Secretary of Labor is authorized to trans-
13

•HR 2618 IH 

1 fer to any executive agency with authority under the En2 ergy Employees Occupational Illness Compensation Act, 

3 including within the Department of Labor, such sums as 

4 may be necessary in fiscal year 2004 to carry out those 

5 authorities: Provided further, That the Secretary may re6 quire that any person filing a claim for benefits under the 

7 Act provide as part of such claim, such identifying infor8 mation (including Social Security account number) as may 

9 be prescribed. 

10 BLACK LUNG DISABILITY TRUST FUND

11 (INCLUDING TRANSFER OF FUNDS)

12 Beginning in fiscal year 2004 and thereafter, such 

13 sums as may be necessary from the Black Lung Disability 

14 Trust Fund, to remain available until expended, for pay15 ment of all benefits authorized by section 9501(d)(1), (2), 

16 (4), and (7) of the Internal Revenue Code of 1954, as 

17 amended; and interest on advances, as authorized by sec18 tion 9501(c)(2) of that Act. In addition, the following 

19 amounts shall be available from the Fund for fiscal year 

20 2004 for expenses of operation and administration of the 

21 Black Lung Benefits program, as authorized by section 

22 9501(d)(5): $32,004,000 for transfer to the Employment 

23 Standards Administration, ‘‘Salaries and Expenses’’; 

24 $23,401,000 for transfer to Departmental Management, 

25 ‘‘Salaries and Expenses’’; $338,000 for transfer to De26 partmental Management, ‘‘Office of Inspector General’’; 
14

•HR 2618 IH 

1 and $356,000 for payments into miscellaneous receipts for 

2 the expenses of the Department of the Treasury. 

3 OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION

4 SALARIES AND EXPENSES

5 For necessary expenses for the Occupational Safety 

6 and Health Administration, $462,356,000, including not 

7 to exceed $91,747,000 which shall be the maximum 

8 amount available for grants to States under section 23(g) 

9 of the Occupational Safety and Health Act (the ‘‘Act’’), 

10 which grants shall be no less than 50 percent of the costs 

11 of State occupational safety and health programs required 

12 to be incurred under plans approved by the Secretary 

13 under section 18 of the Act; and, in addition, notwith14 standing 31 U.S.C. 3302, the Occupational Safety and 

15 Health Administration may retain up to $750,000 per fis16 cal year of training institute course tuition fees, otherwise 

17 authorized by law to be collected, and may utilize such 

18 sums for occupational safety and health training and edu19 cation grants: Provided, That, notwithstanding 31 U.S.C. 

20 3302, the Secretary of Labor is authorized, during the fis21 cal year ending September 30, 2004, to collect and retain 

22 fees for services provided to Nationally Recognized Test23 ing Laboratories, and may utilize such sums, in accord24 ance with the provisions of 29 U.S.C. 9a, to administer 

25 national and international laboratory recognition pro-
15

•HR 2618 IH 

1 grams that ensure the safety of equipment and products 

2 used by workers in the workplace: Provided further, That 

3 none of the funds appropriated under this paragraph shall 

4 be obligated or expended to prescribe, issue, administer, 

5 or enforce any standard, rule, regulation, or order under 

6 the Act which is applicable to any person who is engaged 

7 in a farming operation which does not maintain a tem8 porary labor camp and employs 10 or fewer employees: 

9 Provided further, That no funds appropriated under this 

10 paragraph shall be obligated or expended to administer or 

11 enforce any standard, rule, regulation, or order under the 

12 Act with respect to any employer of 10 or fewer employees 

13 who is included within a category having an occupational 

14 injury lost workday case rate, at the most precise Stand15 ard Industrial Classification Code for which such data are 

16 published, less than the national average rate as such 

17 rates are most recently published by the Secretary, acting 

18 through the Bureau of Labor Statistics, in accordance 

19 with section 24 of that Act (29 U.S.C. 673), except—

20 (1) to provide, as authorized by such Act, con21 sultation, technical assistance, educational and train22 ing services, and to conduct surveys and studies;

23 (2) to conduct an inspection or investigation in 

24 response to an employee complaint, to issue a cita25 tion for violations found during such inspection, and 
16

•HR 2618 IH 

1 to assess a penalty for violations which are not cor2 rected within a reasonable abatement period and for 

3 any willful violations found; 

4 (3) to take any action authorized by such Act 

5 with respect to imminent dangers; 

6 (4) to take any action authorized by such Act 

7 with respect to health hazards; 

8 (5) to take any action authorized by such Act 

9 with respect to a report of an employment accident 

10 which is fatal to one or more employees or which re11 sults in hospitalization of two or more employees, 

12 and to take any action pursuant to such investiga13 tion authorized by such Act; and 

14 (6) to take any action authorized by such Act 

15 with respect to complaints of discrimination against 

16 employees for exercising rights under such Act: 

17 Provided further, That the foregoing proviso shall not 

18 apply to any person who is engaged in a farming operation 

19 which does not maintain a temporary labor camp and em20 ploys 10 or fewer employees: Provided further, That not 

21 less than $3,200,000 shall be used to extend funding for 

22 the Institutional Competency Building training grants 

23 which commenced in September 2000, for program activi24 ties for the period of September 30, 2004 to September 
17

•HR 2618 IH 

1 30, 2005, provided that a grantee has demonstrated satis2 factory performance. 

3 MINE SAFETY AND HEALTH ADMINISTRATION

4 SALARIES AND EXPENSES

5 For necessary expenses for the Mine Safety and 

6 Health Administration, $276,826,000, including purchase 

7 and bestowal of certificates and trophies in connection 

8 with mine rescue and first-aid work, and the hire of pas9 senger motor vehicles; including up to $1,000,000 for 

10 mine rescue and recovery activities, which shall be avail11 able only to the extent that fiscal year 2004 obligations 

12 for these activities exceed $1,000,000; in addition, not to 

13 exceed $750,000 may be collected by the National Mine 

14 Health and Safety Academy for room, board, tuition, and 

15 the sale of training materials, otherwise authorized by law 

16 to be collected, to be available for mine safety and health 

17 education and training activities, notwithstanding 31 

18 U.S.C. 3302; and, in addition, the Mine Safety and Health 

19 Administration may retain up to $1,000,000 from fees col20 lected for the approval and certification of equipment, ma21 terials, and explosives for use in mines, and may utilize 

22 such sums for such activities; the Secretary is authorized 

23 to accept lands, buildings, equipment, and other contribu24 tions from public and private sources and to prosecute 

25 projects in cooperation with other agencies, Federal, 
18

•HR 2618 IH 

1 State, or private; the Mine Safety and Health Administra2 tion is authorized to promote health and safety education 

3 and training in the mining community through cooperative 

4 programs with States, industry, and safety associations; 

5 and any funds available to the department may be used, 

6 with the approval of the Secretary, to provide for the costs 

7 of mine rescue and survival operations in the event of a 

8 major disaster. 

9 BUREAU OF LABOR STATISTICS

10 SALARIES AND EXPENSES

11 For necessary expenses for the Bureau of Labor Sta12 tistics, including advances or reimbursements to State, 

13 Federal, and local agencies and their employees for serv14 ices rendered, $442,547,000, together with not to exceed 

15 $75,110,000, which may be expended from the Employ16 ment Security Administration Account in the Unemploy17 ment Trust Fund; and $2,570,000 which shall be available 

18 for obligation for the period July 1, 2004 through Sep19 tember 30, 2004, for Occupational Employment Statistics, 

20 and $5,400,000 to be used to fund the mass layoff statis21 tics program under section 15 of the Wagner-Peyser Act 

22 (29 U.S.C. 49l–2). 
19

•HR 2618 IH 

1 OFFICE OF DISABILITY EMPLOYMENT POLICY

2 SALARIES AND EXPENSES

3 For necessary expenses for the Office of Disability 

4 Employment Policy to provide leadership, develop policy 

5 and initiatives, and award grants furthering the objective 

6 of eliminating barriers to the training and employment of 

7 people with disabilities, $47,333,000. 

8 DEPARTMENTAL MANAGEMENT

9 SALARIES AND EXPENSES

10 For necessary expenses for Departmental Manage11 ment, including the hire of three sedans, and including 

12 the management or operation, through contracts, grants 

13 or other arrangements of Departmental activities con14 ducted by or through the Bureau of International Labor 

15 Affairs, including bilateral and multilateral technical as16 sistance and other international labor activities, of which 

17 the funds designated to carry out bilateral assistance 

18 under the international child labor initiative shall be avail19 able for obligation through September 30, 2005, and 

20 $48,565,000, for the acquisition of Departmental informa21 tion technology, architecture, infrastructure, equipment, 

22 software and related needs which will be allocated by the 

23 Department’s Chief Information Officer in accordance 

24 with the Department’s capital investment management 

25 process to assure a sound investment strategy; 
20

•HR 2618 IH 

1 $387,801,000; together with not to exceed $317,000, 

2 which may be expended from the Employment Security 

3 Administration Account in the Unemployment Trust 

4 Fund: Provided, That no funds made available by this Act 

5 may be used by the Solicitor of Labor to participate in 

6 a review in any United States court of appeals of any deci7 sion made by the Benefits Review Board under section 21 

8 of the Longshore and Harbor Workers’ Compensation Act 

9 (33 U.S.C. 921) where such participation is precluded by 

10 the decision of the United States Supreme Court in Direc11 tor, Office of Workers’ Compensation Programs v. New12 port News Shipbuilding, 115 S. Ct. 1278 (1995), notwith13 standing any provisions to the contrary contained in Rule 

14 15 of the Federal Rules of Appellate Procedure: Provided 

15 further, That no funds made available by this Act may 

16 be used by the Secretary of Labor to review a decision 

17 under the Longshore and Harbor Workers’ Compensation 

18 Act (33 U.S.C. 901 et seq.) that has been appealed and 

19 that has been pending before the Benefits Review Board 

20 for more than 12 months: Provided further, That any such 

21 decision pending a review by the Benefits Review Board 

22 for more than 1 year shall be considered affirmed by the 

23 Benefits Review Board on the 1-year anniversary of the 

24 filing of the appeal, and shall be considered the final order 

25 of the Board for purposes of obtaining a review in the
21

•HR 2618 IH 

1 United States courts of appeals: Provided further, That 

2 these provisions shall not be applicable to the review or 

3 appeal of any decision issued under the Black Lung Bene4 fits Act (30 U.S.C. 901 et seq.). 

5 VETERANS EMPLOYMENT AND TRAINING

6 Not to exceed $193,443,000 may be derived from the 

7 Employment Security Administration Account in the Un8 employment Trust Fund to carry out the provisions of 38 

9 U.S.C. 4100–4110A, 4212, 4214, and 4321–4327, and 

10 Public Law 103–353, and which shall be available for obli11 gation by the States through December 31, 2004, of which 

12 $2,000,000 is for the National Veterans’ Employment and 

13 Training Services Institute. To carry out the Homeless 

14 Veterans Reintegration Programs (38 U.S.C. 2021) and 

15 the Veterans Workforce Investment Programs (29 U.S.C. 

16 2913), $26,550,000, of which $7,550,000 shall be avail17 able for obligation for the period July 1, 2004 through 

18 June 30, 2005. 

19 OFFICE OF INSPECTOR GENERAL

20 For salaries and expenses of the Office of Inspector 

21 General in carrying out the provisions of the Inspector 

22 General Act of 1978, as amended, $57,000,000, together 

23 with not to exceed $5,899,000, which may be expended 

24 from the Employment Security Administration Account in 

25 the Unemployment Trust Fund. 
22

•HR 2618 IH 

1 WORKING CAPITAL FUND

2 For the acquisition of a new core accounting system 

3 for the Department of Labor, including hardware and 

4 software infrastructure and the costs associated with im5 plementation thereof, $18,000,000. 

6 GENERAL PROVISIONS 

7 SEC. 101. None of the funds appropriated in this title 

8 for the Job Corps shall be used to pay the compensation 

9 of an individual, either as direct costs or any proration 

10 as an indirect cost, at a rate in excess of Executive Level 

11 II. 

12 (TRANSFER OF FUNDS)

13 SEC. 102. Not to exceed 1 percent of any discre14 tionary funds (pursuant to the Balanced Budget and 

15 Emergency Deficit Control Act of 1985, as amended) 

16 which are appropriated for the current fiscal year for the 

17 Department of Labor in this Act may be transferred be18 tween appropriations, but no such appropriation shall be 

19 increased by more than 3 percent by any such transfer: 

20 Provided, That the Appropriations Committees of both 

21 Houses of Congress are notified at least 15 days in ad22 vance of any transfer. 

23 SEC. 103. In accordance with Executive Order No. 

24 13126, none of the funds appropriated or otherwise made 

25 available pursuant to this Act shall be obligated or ex26 pended for the procurement of goods mined, produced, 
23

•HR 2618 IH 

1 manufactured, or harvested or services rendered, whole or 

2 in part, by forced or indentured child labor in industries 

3 and host countries already identified by the United States 

4 Department of Labor prior to enactment of this Act. 

5 This title may be cited as the ‘‘Department of Labor 

6 Appropriations Act, 2004’’. 

7 TITLE II—DEPARTMENT OF HEALTH AND 

8 HUMAN SERVICES 

9 HEALTH RESOURCES AND SERVICES ADMINISTRATION

10 HEALTH RESOURCES AND SERVICES

11 For carrying out titles II, III, IV, VII, VIII, X, XII, 

12 XIX, and XXVI of the Public Health Service Act, section 

13 427(a) of the Federal Coal Mine Health and Safety Act, 

14 title V, and sections 1128E, 711, and 1820 of the Social 

15 Security Act, the Health Care Quality Improvement Act 

16 of 1986, as amended, the Native Hawaiian Health Care 

17 Act of 1988, as amended, the Cardiac Arrest Survival Act 

18 of 2000, and the Poison Control Center Enhancement and 

19 Awareness Act, $6,639,413,000, of which $39,740,000 

20 from general revenues, notwithstanding section 1820(j) of 

21 the Social Security Act, shall be available for carrying out 

22 the Medicare rural hospital flexibility grants program 

23 under section 1820 of such Act: Provided, That of the 

24 funds made available under this heading, $248,000 shall 

25 be available until expended for facilities renovations at the 
24

•HR 2618 IH 

1 Gillis W. Long Hansen’s Disease Center: Provided further,

2 That in addition to fees authorized by section 427(b) of 

3 the Health Care Quality Improvement Act of 1986, fees 

4 shall be collected for the full disclosure of information 

5 under the Act sufficient to recover the full costs of oper6 ating the National Practitioner Data Bank, and shall re7 main available until expended to carry out that Act: Pro8 vided further, That fees collected for the full disclosure of 

9 information under the ‘‘Health Care Fraud and Abuse 

10 Data Collection Program’’, authorized by section 

11 1128E(d)(2) of the Social Security Act, shall be sufficient 

12 to recover the full costs of operating the program, and 

13 shall remain available until expended to carry out that 

14 Act: Provided further, That no more than $45,000,000 is 

15 available for carrying out the provisions of Public Law 

16 104–73: Provided further, That of the funds made avail17 able under this heading, $273,350,000 shall be for the 

18 program under title X of the Public Health Service Act 

19 to provide for voluntary family planning projects: Provided 

20 further, That amounts provided to said projects under 

21 such title shall not be expended for abortions, that all 

22 pregnancy counseling shall be nondirective, and that such 

23 amounts shall not be expended for any activity (including 

24 the publication or distribution of literature) that in any 

25 way tends to promote public support or opposition to any 
25

•HR 2618 IH 

1 legislative proposal or candidate for public office: Provided 

2 further, That $785,759,000 shall be for State AIDS Drug 

3 Assistance Programs authorized by section 2616 of the 

4 Public Health Service Act: Provided further, That, not5 withstanding section 502(a)(1) of the Social Security Act, 

6 not to exceed $117,831,000 is available for carrying out 

7 special projects of regional and national significance pur8 suant to section 501(a)(2) of such Act: Provided further,

9 That $65,000,000 is available for special projects of re10 gional and national significance under section 501(a)(2) 

11 of the Social Security Act, which shall not be counted to12 ward compliance with the allocation required in section 

13 502(a)(1) of such Act, and which shall be used only for 

14 making competitive grants to provide abstinence education 

15 (as defined in section 510(b)(2) of such Act) to adoles16 cents and for evaluations (including longitudinal evalua17 tions) of activities under the grants and for Federal costs 

18 of administering the grants: Provided further, That grants 

19 under the immediately preceding proviso shall be made 

20 only to public and private entities which agree that, with 

21 respect to an adolescent to whom the entities provide ab22 stinence education under such grant, the entities will not 

23 provide to that adolescent any other education regarding 

24 sexual conduct, except that, in the case of an entity ex25 pressly required by law to provide health information or
26

•HR 2618 IH 

1 services the adolescent shall not be precluded from seeking 

2 health information or services from the entity in a dif3 ferent setting than the setting in which the abstinence 

4 education was provided: Provided further, That the funds 

5 expended for such evaluations may not exceed 3.5 percent 

6 of such amount. 

7 HEALTH EDUCATION ASSISTANCE LOANS PROGRAM

8 ACCOUNT

9 Such sums as may be necessary to carry out the pur10 pose of the program, as authorized by title VII of the Pub11 lic Health Service Act, as amended. For administrative ex12 penses to carry out the guaranteed loan program, includ13 ing section 709 of the Public Health Service Act, 

14 $3,389,000. 

15 VACCINE INJURY COMPENSATION PROGRAM TRUST FUND

16 For payments from the Vaccine Injury Compensation 

17 Program Trust Fund, such sums as may be necessary for 

18 claims associated with vaccine-related injury or death with 

19 respect to vaccines administered after September 30, 

20 1988, pursuant to subtitle 2 of title XXI of the Public 

21 Health Service Act, to remain available until expended: 

22 Provided, That for necessary administrative expenses, not 

23 to exceed $3,472,000 shall be available from the Trust 

24 Fund to the Secretary of Health and Human Services. 
27

•HR 2618 IH 

1 CENTERS FOR DISEASE CONTROL AND PREVENTION

2 DISEASE CONTROL, RESEARCH, AND TRAINING

3 To carry out titles II, III, VII, XI, XV, XVII, XIX, 

4 XXI, and XXVI of the Public Health Service Act, sections 

5 101, 102, 103, 201, 202, 203, 301, and 501 of the Federal 

6 Mine Safety and Health Act of 1977, sections 20, 21, and 

7 22 of the Occupational Safety and Health Act of 1970, 

8 title IV of the Immigration and Nationality Act, and sec9 tion 501 of the Refugee Education Assistance Act of 1980; 

10 including purchase and insurance of official motor vehicles 

11 in foreign countries; and hire, maintenance, and operation 

12 of aircraft, $4,803,927,000, of which $206,000,000 shall 

13 remain available until expended for equipment, and con14 struction and renovation of facilities, and of which 

15 $293,763,000 for international HIV/AIDS shall remain 

16 available until September 30, 2005, including not less 

17 than $150,000,000, to remain available until expended, 

18 for the ‘‘International Mother and Child HIV Prevention 

19 Initiative’’, and in addition, such sums as may be derived 

20 from authorized user fees, which shall be credited to this 

21 account: Provided, That in addition to amounts provided 

22 herein, $13,226,000 shall be available from amounts avail23 able under section 241 of the Public Health Service Act 

24 to carry out the National Center for Health Statistics sur25 veys: Provided further, That none of the funds made avail-
28

•HR 2618 IH 

1 able for injury prevention and control at the Centers for 

2 Disease Control and Prevention may be used, in whole or 

3 in part, to advocate or promote gun control: Provided fur4 ther, That the Director may redirect the total amount 

5 made available under authority of Public Law 101–502, 

6 section 3, dated November 3, 1990, to activities the Direc7 tor may so designate: Provided further, That the Congress 

8 is to be notified promptly of any such transfer: Provided 

9 further, That not to exceed $17,500,000 may be available 

10 for making grants under section 1509 of the Public 

11 Health Service Act to not more than 20 States: Provided 

12 further, That without regard to existing statute, funds ap13 propriated may be used to proceed, at the discretion of 

14 the Centers for Disease Control and Prevention, with 

15 property acquisition, including a long-term ground lease 

16 for construction on non-Federal land, to support the con17 struction of a replacement laboratory in the Fort Collins, 

18 Colorado area: Provided further, That notwithstanding any 

19 other provision of law, a single contract or related con20 tracts for development and construction of facilities may 

21 be employed which collectively include the full scope of the 

22 project: Provided further, That the solicitation and con23 tract shall contain the clause ‘‘availability of funds’’ found 

24 at 48 CFR 52.232–18. 
29

•HR 2618 IH 

1 NATIONAL INSTITUTES OF HEALTH

2 NATIONAL CANCER INSTITUTE

3 For carrying out section 301 and title IV of the Pub4 lic Health Service Act with respect to cancer, 

5 $4,816,568,000. 

6 NATIONAL HEART, LUNG, AND BLOOD INSTITUTE

7 For carrying out section 301 and title IV of the Pub8 lic Health Service Act with respect to cardiovascular, lung, 

9 and blood diseases, and blood and blood products, 

10 $2,930,136,000. 

11 NATIONAL INSTITUTE OF DENTAL AND CRANIOFACIAL

12 RESEARCH

13 For carrying out section 301 and title IV of the Pub14 lic Health Service Act with respect to dental disease, 

15 $389,780,000. 

16 NATIONAL INSTITUTE OF DIABETES AND DIGESTIVE AND

17 KIDNEY DISEASES

18 For carrying out section 301 and title IV of the Pub19 lic Health Service Act with respect to diabetes and diges20 tive and kidney disease, $1,701,959,000. 

21 NATIONAL INSTITUTE OF NEUROLOGICAL DISORDERS

22 AND STROKE

23 For carrying out section 301 and title IV of the Pub24 lic Health Service Act with respect to neurological dis25 orders and stroke, $1,527,588,000. 
30

•HR 2618 IH 

1 NATIONAL INSTITUTE OF ALLERGY AND INFECTIOUS

2 DISEASES

3 (INCLUDING TRANSFER OF FUNDS)

4 For carrying out section 301 and title IV of the Pub5 lic Health Service Act with respect to allergy and infec6 tious diseases, $4,340,707,000: Provided, That 

7 $100,000,000 may be made available to International As8 sistance Programs, ‘‘Global Fund to Fight HIV/AIDS, 

9 Malaria, and Tuberculosis’’, to remain available until ex10 pended. 

11 NATIONAL INSTITUTE OF GENERAL MEDICAL SCIENCES

12 For carrying out section 301 and title IV of the Pub13 lic Health Service Act with respect to general medical 

14 sciences, $1,937,179,000. 

15 NATIONAL INSTITUTE OF CHILD HEALTH AND HUMAN

16 DEVELOPMENT

17 For carrying out section 301 and title IV of the Pub18 lic Health Service Act with respect to child health and 

19 human development, $1,264,806,000. 

20 NATIONAL EYE INSTITUTE

21 For carrying out section 301 and title IV of the Pub22 lic Health Service Act with respect to eye diseases and 

23 visual disorders, $664,061,000.
31

•HR 2618 IH 

1 NATIONAL INSTITUTE OF ENVIRONMENTAL HEALTH

2 SCIENCES

3 For carrying out sections 301 and 311 and title IV 

4 of the Public Health Service Act with respect to environ5 mental health sciences, $644,229,000. 

6 NATIONAL INSTITUTE ON AGING

7 For carrying out section 301 and title IV of the Pub8 lic Health Service Act with respect to aging, 

9 $1,042,110,000. 

10 NATIONAL INSTITUTE OF ARTHRITIS AND

11 MUSCULOSKELETAL AND SKIN DISEASES

12 For carrying out section 301 and title IV of the Pub13 lic Health Service Act with respect to arthritis and mus14 culoskeletal and skin diseases, $509,879,000. 

15 NATIONAL INSTITUTE ON DEAFNESS AND OTHER

16 COMMUNICATION DISORDERS

17 For carrying out section 301 and title IV of the Pub18 lic Health Service Act with respect to deafness and other 

19 communication disorders, $388,465,000. 

20 NATIONAL INSTITUTE OF NURSING RESEARCH

21 For carrying out section 301 and title IV of the Pub22 lic Health Service Act with respect to nursing research, 

23 $136,959,000. 
32

•HR 2618 IH 

1 NATIONAL INSTITUTE ON ALCOHOL ABUSE AND

2 ALCOHOLISM

3 For carrying out section 301 and title IV of the Pub4 lic Health Service Act with respect to alcohol abuse and 

5 alcoholism, $436,364,000. 

6 NATIONAL INSTITUTE ON DRUG ABUSE

7 For carrying out section 301 and title IV of the Pub8 lic Health Service Act with respect to drug abuse, 

9 $1,008,676,000. 

10 NATIONAL INSTITUTE OF MENTAL HEALTH

11 For carrying out section 301 and title IV of the Pub12 lic Health Service Act with respect to mental health, 

13 $1,406,489,000. 

14 NATIONAL HUMAN GENOME RESEARCH INSTITUTE

15 For carrying out section 301 and title IV of the Pub16 lic Health Service Act with respect to human genome re17 search, $487,698,000. 

18 NATIONAL INSTITUTE OF BIOMEDICAL IMAGING AND

19 BIOENGINEERING

20 For carrying out section 301 and title IV of the Pub21 lic Health Service Act with respect to biomedical imaging 

22 and bioengineering research, $291,866,000. 

23 NATIONAL CENTER FOR RESEARCH RESOURCES

24 For carrying out section 301 and title IV of the Pub25 lic Health Service Act with respect to research resources 

26 and general research support grants, $1,176,402,000: 
33

•HR 2618 IH 

1 Provided, That none of these funds shall be used to pay 

2 recipients of the general research support grants program 

3 any amount for indirect expenses in connection with such 

4 grants: Provided further, That $123,154,000 shall be for 

5 extramural facilities construction grants. 

6 NATIONAL CENTER FOR COMPLEMENTARY AND

7 ALTERNATIVE MEDICINE

8 For carrying out section 301 and title IV of the Pub9 lic Health Service Act with respect to complementary and 

10 alternative medicine, $118,944,000. 

11 NATIONAL CENTER ON MINORITY HEALTH AND HEALTH

12 DISPARITIES

13 For carrying out section 301 and title IV of the Pub14 lic Health Service Act with respect to minority health and 

15 health disparities research, $194,781,000. 

16 JOHN E. FOGARTY INTERNATIONAL CENTER

17 For carrying out the activities at the John E. 

18 Fogarty International Center, $66,563,000. 

19 NATIONAL LIBRARY OF MEDICINE

20 For carrying out section 301 and title IV of the Pub21 lic Health Service Act with respect to health information 

22 communications, $323,390,000, of which $4,000,000 shall 

23 be available until expended for improvement of informa24 tion systems: Provided, That in fiscal year 2004, the Li25 brary may enter into personal services contracts for the 

26 provision of services in facilities owned, operated, or con-
34

•HR 2618 IH 

1 structed under the jurisdiction of the National Institutes 

2 of Health. 

3 OFFICE OF THE DIRECTOR

4 (INCLUDING TRANSFER OF FUNDS)

5 For carrying out the responsibilities of the Office of 

6 the Director, National Institutes of Health, $453,743,000: 

7 Provided, That funding shall be available for the purchase 

8 of not to exceed 29 passenger motor vehicles for replace9 ment only: Provided further, That the Director may direct 

10 up to 1 percent of the total amount made available in this 

11 or any other Act to all National Institutes of Health ap12 propriations to activities the Director may so designate: 

13 Provided further, That no such appropriation shall be de14 creased by more than 1 percent by any such transfers and 

15 that the Congress is promptly notified of the transfer: Pro16 vided further, That the National Institutes of Health is 

17 authorized to collect third party payments for the cost of 

18 clinical services that are incurred in National Institutes 

19 of Health research facilities and that such payments shall 

20 be credited to the National Institutes of Health Manage21 ment Fund: Provided further, That all funds credited to 

22 the National Institutes of Health Management Fund shall 

23 remain available for 1 fiscal year after the fiscal year in 

24 which they are deposited: Provided further, That up to 

25 $500,000 shall be available to carry out section 499 of 

26 the Public Health Service Act. 
35

•HR 2618 IH 

1 BUILDINGS AND FACILITIES

2 (INCLUDING TRANSFER OF FUNDS)

3 For the study of, construction of, renovation of, and 

4 acquisition of equipment for, facilities of or used by the 

5 National Institutes of Health, including the acquisition of 

6 real property, $216,300,000, to remain available until ex7 pended. 

8 SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES

9 ADMINISTRATION

10 SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES

11 For carrying out titles V and XIX of the Public 

12 Health Service Act with respect to substance abuse and 

13 mental health services, the Protection and Advocacy for 

14 Mentally Ill Individuals Act of 1986, and section 301 of 

15 the Public Health Service Act with respect to program 

16 management, $3,375,400,000: Provided, That in addition 

17 to amounts provided herein, $16,000,000 shall be made 

18 available from amounts available under section 241 of the 

19 Public Health Service Act to carry out national surveys 

20 on drug abuse. 

21 AGENCY FOR HEALTHCARE RESEARCH AND QUALITY

22 HEALTHCARE RESEARCH AND QUALITY

23 For carrying out titles III and IX of the Public 

24 Health Service Act, and part A of title XI of the Social 

25 Security Act, amounts received from Freedom of Informa26 tion Act fees, reimbursable and interagency agreements,
36

•HR 2618 IH 

1 and the sale of data shall be credited to this appropriation 

2 and shall remain available until expended: Provided, That 

3 the amount made available pursuant to section 927(c) of 

4 the Public Health Service Act shall not exceed 

5 $303,695,000. 

6 CENTERS FOR MEDICARE AND MEDICAID SERVICES

7 GRANTS TO STATES FOR MEDICAID

8 For carrying out, except as otherwise provided, titles 

9 XI and XIX of the Social Security Act, $130,892,197,000, 

10 to remain available until expended. 

11 For making, after May 31, 2004, payments to States 

12 under title XIX of the Social Security Act for the last 

13 quarter of fiscal year 2004 for unanticipated costs, in14 curred for the current fiscal year, such sums as may be 

15 necessary. 

16 For making payments to States or in the case of sec17 tion 1928 on behalf of States under title XIX of the Social 

18 Security Act for the first quarter of fiscal year 2005, 

19 $58,416,275,000, to remain available until expended. 

20 Payment under title XIX may be made for any quar21 ter with respect to a State plan or plan amendment in 

22 effect during such quarter, if submitted in or prior to such 

23 quarter and approved in that or any subsequent quarter. 

24 PAYMENTS TO HEALTH CARE TRUST FUNDS

25 For payment to the Federal Hospital Insurance and 

26 the Federal Supplementary Medical Insurance Trust 
37

•HR 2618 IH 

1 Funds, as provided under section 1844 of the Social Secu2 rity Act, sections 103(c) and 111(d) of the Social Security 

3 Amendments of 1965, section 278(d) of Public Law 97–

4 248, and for administrative expenses incurred pursuant 

5 to section 201(g) of the Social Security Act, 

6 $95,084,100,000. 

7 PROGRAM MANAGEMENT

8 For carrying out, except as otherwise provided, titles 

9 XI, XVIII, XIX, and XXI of the Social Security Act, titles 

10 XIII and XXVII of the Public Health Service Act, and 

11 the Clinical Laboratory Improvement Amendments of 

12 1988, not to exceed $2,698,025,000, to be transferred 

13 from the Federal Hospital Insurance and the Federal Sup14 plementary Medical Insurance Trust Funds, as authorized 

15 by section 201(g) of the Social Security Act; together with 

16 all funds collected in accordance with section 353 of the 

17 Public Health Service Act and section 1857(e)(2) of the 

18 Social Security Act, and such sums as may be collected 

19 from authorized user fees and the sale of data, which shall 

20 remain available until expended, and together with admin21 istrative fees collected relative to Medicare overpayment 

22 recovery activities, which shall remain available until ex23 pended: Provided, That all funds derived in accordance 

24 with 31 U.S.C. 9701 from organizations established under 

25 title XIII of the Public Health Service Act shall be cred26 ited to and available for carrying out the purposes of this 
38

•HR 2618 IH 

1 appropriation: Provided further, That $65,000,000, to re2 main available until September 30, 2005, is for contract 

3 costs for the CMS Systems Revitalization Plan: Provided 

4 further, That $56,991,000, to remain available until Sep5 tember 30, 2005, is for contract costs for the Healthcare 

6 Integrated General Ledger Accounting System: Provided 

7 further, That not less than $129,000,000 shall be for proc8 essing Medicare appeals: Provided further, That the Sec9 retary of Health and Human Services is directed to collect 

10 fees in fiscal year 2004 from Medicare∂Choice organiza11 tions pursuant to section 1857(e)(2) of the Social Security 

12 Act and from eligible organizations with risk-sharing con13 tracts under section 1876 of that Act pursuant to section 

14 1876(k)(4)(D) of that Act. 

15 HEALTH MAINTENANCE ORGANIZATION LOAN AND LOAN

16 GUARANTEE FUND

17 For carrying out subsections (d) and (e) of section 

18 1308 of the Public Health Service Act, any amounts re19 ceived by the Secretary in connection with loans and loan 

20 guarantees under title XIII of the Public Health Service 

21 Act, to be available without fiscal year limitation for the 

22 payment of outstanding obligations. During fiscal year 

23 2004, no commitments for direct loans or loan guarantees 

24 shall be made. 
39

•HR 2618 IH 

1 ADMINISTRATION FOR CHILDREN AND FAMILIES

2 PAYMENTS TO STATES FOR CHILD SUPPORT

3 ENFORCEMENT AND FAMILY SUPPORT PROGRAMS

4 For making payments to States or other non-Federal 

5 entities under titles I, IV–D, X, XI, XIV, and XVI of the 

6 Social Security Act and the Act of July 5, 1960 (24 

7 U.S.C. ch. 9), $3,292,970,000, to remain available until 

8 expended; and for such purposes for the first quarter of 

9 fiscal year 2005, $1,200,000,000, to remain available until 

10 expended. 

11 For making payments to each State for carrying out 

12 the program of Aid to Families with Dependent Children 

13 under title IV–A of the Social Security Act before the ef14 fective date of the program of Temporary Assistance for 

15 Needy Families (TANF) with respect to such State, such 

16 sums as may be necessary: Provided, That the sum of the 

17 amounts available to a State with respect to expenditures 

18 under such title IV–A in fiscal year 1997 under this ap19 propriation and under such title IV–A as amended by the 

20 Personal Responsibility and Work Opportunity Reconcili21 ation Act of 1996 shall not exceed the limitations under 

22 section 116(b) of such Act. 

23 For making, after May 31 of the current fiscal year, 

24 payments to States or other non-Federal entities under 

25 titles I, IV–D, X, XI, XIV, and XVI of the Social Security 
40

•HR 2618 IH 

1 Act and the Act of July 5, 1960 (24 U.S.C. ch. 9), for 

2 the last 3 months of the current fiscal year for unantici3 pated costs, incurred for the current fiscal year, such sums 

4 as may be necessary. 

5 LOW INCOME HOME ENERGY ASSISTANCE

6 For making payments under title XXVI of the Omni7 bus Budget Reconciliation Act of 1981, $2,250,000,000. 

8 REFUGEE AND ENTRANT ASSISTANCE

9 For making payments for refugee and entrant assist10 ance activities authorized by title IV of the Immigration 

11 and Nationality Act and section 501 of the Refugee Edu12 cation Assistance Act of 1980 (Public Law 96–422), and 

13 for carrying out section 5 of the Torture Victims Relief 

14 Act of 1998 (Public Law 105–320), $461,853,000, of 

15 which up to $10,000,000 is available to carry out the 

16 Trafficking Victims Protection Act of 2000 (Public Law 

17 106–386, div. A): Provided, That funds appropriated pur18 suant to section 414(a) of the Immigration and Nation19 ality Act for fiscal year 2004 shall be available for the 

20 costs of assistance provided and other activities through 

21 September 30, 2006. 

22 PAYMENTS TO STATES FOR THE CHILD CARE AND

23 DEVELOPMENT BLOCK GRANT

24 For carrying out sections 658A through 658R of the 

25 Omnibus Budget Reconciliation Act of 1981 (The Child 

26 Care and Development Block Grant Act of 1990),
41

•HR 2618 IH 

1 $2,200,000,000 shall be used to supplement, not supplant 

2 State general revenue funds for child care assistance for 

3 low-income families: Provided, That $19,120,000 shall be 

4 available for child care resource and referral and school5 aged child care activities, of which $1,000,000 shall be for 

6 the Child Care Aware toll free hotline: Provided further,

7 That, in addition to the amounts required to be reserved 

8 by the States under section 658G, $272,672,000 shall be 

9 reserved by the States for activities authorized under sec10 tion 658G, of which $100,000,000 shall be for activities 

11 that improve the quality of infant and toddler care: Pro12 vided further, That $9,864,000 shall be for use by the Sec13 retary for child care research, demonstration, and evalua14 tion activities. 

15 SOCIAL SERVICES BLOCK GRANT

16 For making grants to States pursuant to section 

17 2002 of the Social Security Act, $1,700,000,000: Pro18 vided, That notwithstanding subparagraph (B) of section 

19 404(d)(2) of such Act, the applicable percent specified 

20 under such subparagraph for a State to carry out State 

21 programs pursuant to title XX of such Act shall be 10 

22 percent. 

23 DISABLED VOTER SERVICES

24 For necessary expenses to carry out programs as au25 thorized by the Help America Vote Act of 2002, 

26 $15,000,000, of which $13,000,000 shall be for payments 
42

•HR 2618 IH 

1 to States to promote disabled voter access, and of which 

2 $2,000,000 shall be for payments to States for disabled 

3 voters protection and advocacy systems. 

4 CHILDREN AND FAMILIES SERVICES PROGRAMS

5 For carrying out, except as otherwise provided, the 

6 Runaway and Homeless Youth Act, the Developmental 

7 Disabilities Assistance and Bill of Rights Act, the Head 

8 Start Act, the Child Abuse Prevention and Treatment Act, 

9 sections 310 and 316 of the Family Violence Prevention 

10 and Services Act, as amended, the Native American Pro11 grams Act of 1974, title II of Public Law 95–266 (adop12 tion opportunities), the Adoption and Safe Families Act 

13 of 1997 (Public Law 105–89), sections 1201 and 1211 

14 of the Children’s Health Act of 2000, the Abandoned In15 fants Assistance Act of 1988, the Early Learning Oppor16 tunities Act, part B(1) of title IV and sections 413, 429A, 

17 1110, and 1115 of the Social Security Act, and sections 

18 40155, 40211, and 40241 of Public Law 103–322; for 

19 making payments under the Community Services Block 

20 Grant Act, sections 439(h), 473A, and 477(i) of the Social 

21 Security Act, and title IV of Public Law 105–285, and 

22 for necessary administrative expenses to carry out said 

23 Acts and titles I, IV, X, XI, XIV, XVI, and XX of the 

24 Social Security Act, the Act of July 5, 1960 (24 U.S.C. 

25 ch. 9), the Omnibus Budget Reconciliation Act of 1981, 

26 title IV of the Immigration and Nationality Act, section 
43

•HR 2618 IH 

1 501 of the Refugee Education Assistance Act of 1980, sec2 tion 5 of the Torture Victims Relief Act of 1998 (Public 

3 Law 105–320), sections 40155, 40211, and 40241 of Pub4 lic Law 103–322, and section 126 and titles IV and V 

5 of Public Law 100–485, $8,742,968,000, of which 

6 $43,000,000, to remain available until September 30, 

7 2005, shall be for grants to States for adoption incentive 

8 payments, as authorized by section 473A of title IV of the 

9 Social Security Act (42 U.S.C. 670–679) and may be 

10 made for adoptions completed in fiscal years 2001 and 

11 2002; of which $6,815,570,000 shall be for making pay12 ments under the Head Start Act, of which $1,400,000,000 

13 shall become available October 1, 2004 and remain avail14 able through September 30, 2005; and of which 

15 $735,860,000 shall be for making payments under the 

16 Community Services Block Grant Act: Provided, That not 

17 less than $7,250,000 shall be for section 680(3)(B) of the 

18 Community Services Block Grant Act, as amended: Pro19 vided further, That in addition to amounts provided here20 in, $6,000,000 shall be available from amounts available 

21 under section 241 of the Public Health Service Act to 

22 carry out the provisions of section 1110 of the Social Secu23 rity Act: Provided further, That to the extent Community 

24 Services Block Grant funds are distributed as grant funds 

25 by a State to an eligible entity as provided under the Act, 
44

•HR 2618 IH 

1 and have not been expended by such entity, they shall re2 main with such entity for carryover into the next fiscal 

3 year for expenditure by such entity consistent with pro4 gram purposes: Provided further, That the Secretary shall 

5 establish procedures regarding the disposition of intan6 gible property which permits grant funds, or intangible as7 sets acquired with funds authorized under section 680 of 

8 the Community Services Block Grant Act, as amended, to 

9 become the sole property of such grantees after a period 

10 of not more than 12 years after the end of the grant for 

11 purposes and uses consistent with the original grant: Pro12 vided further, That funds appropriated for section 

13 680(a)(2) of the Community Services Block Grant Act, 

14 as amended, shall be available for financing construction 

15 and rehabilitation and loans or investments in private 

16 business enterprises owned by community development 

17 corporations: Provided further, That $88,043,000 shall be 

18 for activities authorized by the Runaway and Homeless 

19 Youth Act, notwithstanding the allocation requirements of 

20 section 388(a) of such Act, of which $26,413,000 is for 

21 the transitional living program: Provided further, That 

22 $35,000,000 is for a compassion capital fund to provide 

23 grants to charitable organizations to emulate model social 

24 service programs and to encourage research on the best 

25 practices of social service organizations. 
45

•HR 2618 IH 

1 PROMOTING SAFE AND STABLE FAMILIES

2 For carrying out section 436 of the Social Security 

3 Act, $305,000,000 and for section 437, $100,000,000. 

4 PAYMENTS TO STATES FOR FOSTER CARE AND ADOPTION

5 ASSISTANCE

6 For making payments to States or other non-Federal 

7 entities under title IV–E of the Social Security Act, 

8 $5,068,300,000. 

9 For making payments to States or other non-Federal 

10 entities under title IV–E of the Act, for the first quarter 

11 of fiscal year 2005, $1,767,700,000. 

12 For making, after May 31 of the current fiscal year, 

13 payments to States or other non-Federal entities under 

14 section 474 of title IV–E, for the last 3 months of the 

15 current fiscal year for unanticipated costs, incurred for the 

16 current fiscal year, such sums as may be necessary. 

17 ADMINISTRATION ON AGING

18 AGING SERVICES PROGRAMS

19 For carrying out, to the extent not otherwise pro20 vided, the Older Americans Act of 1965, as amended, and 

21 section 398 of the Public Health Service Act, 

22 $1,449,495,000, of which $5,000,000 shall be available for 

23 activities regarding medication management, screening, 

24 and education to prevent incorrect medication and adverse 

25 drug reactions; and of which $2,842,000 shall remain
46

•HR 2618 IH 

1 available until September 30, 2006, for the White House 

2 Conference on Aging. 

3 OFFICE OF THE SECRETARY

4 GENERAL DEPARTMENTAL MANAGEMENT

5 For necessary expenses, not otherwise provided, for 

6 general departmental management, including hire of six 

7 sedans, and for carrying out titles III, XVII, and XX of 

8 the Public Health Service Act, and the United States-Mex9 ico Border Health Commission Act, $343,284,000, to10 gether with $5,813,000 to be transferred and expended 

11 as authorized by section 201(g)(1) of the Social Security 

12 Act from the Hospital Insurance Trust Fund and the Sup13 plemental Medical Insurance Trust Fund: Provided, That 

14 of the funds made available under this heading for car15 rying out title XX of the Public Health Service Act, 

16 $11,885,000 shall be for activities specified under section 

17 2004(b)(2), of which $10,157,000 shall be for prevention 

18 service demonstration grants under section 510(b)(2) of 

19 title V of the Social Security Act, as amended, without 

20 application of the limitation of section 2010(c) of said title 

21 XX: Provided further, That of this amount, $49,675,000 

22 is for minority AIDS prevention and treatment activities; 

23 $18,400,000 shall be for an Information Technology Secu24 rity and Innovation Fund for Department-wide activities 

25 involving cybersecurity, information technology security, 
47

•HR 2618 IH 

1 and related innovation projects; and $5,000,000 is to as2 sist Afghanistan in the development of maternal and child 

3 health clinics, consistent with section 103(a)(4)(H) of the 

4 Afghanistan Freedom Support Act of 2002. 

5 OFFICE OF INSPECTOR GENERAL

6 For expenses necessary for the Office of Inspector 

7 General in carrying out the provisions of the Inspector 

8 General Act of 1978, as amended, $39,497,000: Provided,

9 That, of such amount, necessary sums are available for 

10 providing protective services to the Secretary and inves11 tigating non-payment of child support cases for which non12 payment is a Federal offense under 18 U.S.C. 228. 

13 OFFICE FOR CIVIL RIGHTS

14 For expenses necessary for the Office for Civil 

15 Rights, $30,936,000, together with not to exceed 

16 $3,314,000 to be transferred and expended as authorized 

17 by section 201(g)(1) of the Social Security Act from the 

18 Hospital Insurance Trust Fund and the Supplemental 

19 Medical Insurance Trust Fund. 

20 POLICY RESEARCH

21 For carrying out, to the extent not otherwise pro22 vided, research studies under section 1110 of the Social 

23 Security Act and title III of the Public Health Service Act, 

24 $2,483,000: Provided, That in addition to amounts pro25 vided herein, $18,000,000 shall be available from amounts 

26 available under section 241 of the Public Health Service 
48

•HR 2618 IH 

1 Act to carry out national health or human services re2 search and evaluation activities: Provided further, That the 

3 expenditure of any funds available under section 241 of 

4 the Public Health Service Act are subject to the require5 ments of section 205 of this Act. 

6 RETIREMENT PAY AND MEDICAL BENEFITS FOR

7 COMMISSIONED OFFICERS

8 For retirement pay and medical benefits of Public 

9 Health Service Commissioned Officers as authorized by 

10 law, for payments under the Retired Serviceman’s Family 

11 Protection Plan and Survivor Benefit Plan, for medical 

12 care of dependents and retired personnel under the De13 pendents’ Medical Care Act (10 U.S.C. ch. 55 and 56), 

14 and for payments pursuant to section 229(b) of the Social 

15 Security Act (42 U.S.C. 429(b)), such amounts as may 

16 be required during the current fiscal year. The following 

17 are definitions for the medical benefits of the Public 

18 Health Service Commissioned Officers that apply to 10 

19 U.S.C. chapter 56, section 1116(c). The source of funds 

20 for the monthly accrual payments into the Department of 

21 Defense Medicare-Eligible Retiree Health Care Fund shall 

22 be the Retirement Pay and Medical Benefits for Commis23 sioned Officers account. For purposes of this Act, the term 

24 ‘‘pay of members’’ shall be construed to be synonymous 

25 with retirement payments to United States Public Health 

26 Service officers who are retired for age, disability, or 
49

•HR 2618 IH 

1 length of service; payments to survivors of deceased offi2 cers; medical care to active duty and retired members and 

3 dependents and beneficiaries; and for payments to the So4 cial Security Administration for military service credits; 

5 all of which payments are provided for by the Retirement 

6 Pay and Medical Benefits for Commissioned Officers ac7 count. 

8 PUBLIC HEALTH AND SOCIAL SERVICES EMERGENCY

9 FUND

10 For expenses necessary to support activities related 

11 to countering potential biological, disease and chemical 

12 threats to civilian populations, $1,896,846,000: Provided,

13 That this amount is distributed as follows: Centers for 

14 Disease Control and Prevention, $1,286,156,000; Office 

15 of the Secretary, $64,820,000; and Health Resources and 

16 Services Administration; $545,870,000; Provided further, 

17 That at the discretion of the Secretary, these amounts 

18 may be transferred between categories subject to normal 

19 reprogramming procedures: Provided further, That em20 ployees of the Centers for Disease Control and Prevention 

21 or the Public Health Service, both civilian and Commis22 sioned Officers, detailed to States, municipalities or other 

23 organizations under authority of section 214 of the Public 

24 Health Service Act for purposes related to homeland secu25 rity, shall be treated as non-Federal employees for report26 ing purposes only and shall not be included within any 
50

•HR 2618 IH 

1 personnel ceiling applicable to the Agency, Service, or the 

2 Department of Health and Human Services during the pe3 riod of detail or assignment. 

4 In addition, for activities to ensure a year-round in5 fluenza vaccine production capacity and the development 

6 and implementation of rapidly expandable influenza vac7 cine production technologies, $100,000,000, to remain 

8 available until expended. 

9 GENERAL PROVISIONS 

10 SEC. 201. Funds appropriated in this title shall be 

11 available for not to exceed $50,000 for official reception 

12 and representation expenses when specifically approved by 

13 the Secretary. 

14 SEC. 202. The Secretary shall make available through 

15 assignment not more than 60 employees of the Public 

16 Health Service to assist in child survival activities and to 

17 work in AIDS programs through and with funds provided 

18 by the Agency for International Development, the United 

19 Nations International Children’s Emergency Fund or the 

20 World Health Organization. 

21 SEC. 203. None of the funds appropriated under this 

22 Act may be used to implement section 399F(b) of the Pub23 lic Health Service Act or section 1503 of the National In24 stitutes of Health Revitalization Act of 1993, Public Law 

25 103–43.
51

•HR 2618 IH 

1 SEC. 204. None of the funds appropriated in this Act 

2 for the National Institutes of Health, the Agency for 

3 Healthcare Research and Quality, and the Substance 

4 Abuse and Mental Health Services Administration shall 

5 be used to pay the salary of an individual, through a grant 

6 or other extramural mechanism, at a rate in excess of Ex7 ecutive Level I. 

8 SEC. 205. None of the funds appropriated in this Act 

9 may be expended pursuant to section 241 of the Public 

10 Health Service Act, except for funds specifically provided 

11 for in this Act, or for other taps and assessments made 

12 by any office located in the Department of Health and 

13 Human Services, prior to the Secretary’s preparation and 

14 submission of a report to the Committee on Appropria15 tions of the Senate and of the House detailing the planned 

16 uses of such funds. 

17 SEC. 206. Notwithstanding section 241(a) of the 

18 Public Health Service Act, such portion as the Secretary 

19 shall determine, but not more than 1.25 percent, of any 

20 amounts appropriated for programs authorized under said 

21 Act shall be made available for the evaluation (directly, 

22 or by grants or contracts) of the implementation and effec23 tiveness of such programs. 

24 (TRANSFER OF FUNDS)

25 SEC. 207. Not to exceed 1 percent of any discre26 tionary funds (pursuant to the Balanced Budget and 
52

•HR 2618 IH 

1 Emergency Deficit Control Act of 1985, as amended) 

2 which are appropriated for the current fiscal year for the 

3 Department of Health and Human Services in this or any 

4 other Act may be transferred between appropriations, but 

5 no such appropriation shall be increased by more than 3 

6 percent by any such transfer: Provided, That an appro7 priation may be increased by up to an additional 2 percent 

8 subject to approval by the House and Senate Committees 

9 on Appropriations: Provided further, That the Appropria10 tions Committees of both Houses of Congress are notified 

11 at least 15 days in advance of any transfer. 

12 SEC. 208. The Director of the National Institutes of 

13 Health, jointly with the Director of the Office of AIDS 

14 Research, may transfer up to 3 percent among institutes, 

15 centers, and divisions from the total amounts identified 

16 by these two Directors as funding for research pertaining 

17 to the human immunodeficiency virus: Provided, That the 

18 Congress is promptly notified of the transfer. 

19 SEC. 209. Of the amounts made available in this Act 

20 for the National Institutes of Health, the amount for re21 search related to the human immunodeficiency virus, as 

22 jointly determined by the Director of the National Insti23 tutes of Health and the Director of the Office of AIDS 

24 Research, shall be made available to the ‘‘Office of AIDS 

25 Research’’ account. The Director of the Office of AIDS 
53

•HR 2618 IH 

1 Research shall transfer from such account amounts nec2 essary to carry out section 2353(d)(3) of the Public 

3 Health Service Act. 

4 SEC. 210. None of the funds appropriated in this Act 

5 may be made available to any entity under title X of the 

6 Public Health Service Act unless the applicant for the 

7 award certifies to the Secretary that it encourages family 

8 participation in the decision of minors to seek family plan9 ning services and that it provides counseling to minors on 

10 how to resist attempts to coerce minors into engaging in 

11 sexual activities. 

12 SEC. 211. None of the funds appropriated by this Act 

13 (including funds appropriated to any trust fund) may be 

14 used to carry out the Medicare+Choice program if the 

15 Secretary denies participation in such program to an oth16 erwise eligible entity (including a Provider Sponsored Or17 ganization) because the entity informs the Secretary that 

18 it will not provide, pay for, provide coverage of, or provide 

19 referrals for abortions: Provided, That the Secretary shall 

20 make appropriate prospective adjustments to the capita21 tion payment to such an entity (based on an actuarially 

22 sound estimate of the expected costs of providing the serv23 ice to such entity’s enrollees): Provided further, That noth24 ing in this section shall be construed to change the Medi25 care program’s coverage for such services and a 
54

•HR 2618 IH 

1 Medicare+Choice organization described in this section 

2 shall be responsible for informing enrollees where to obtain 

3 information about all Medicare covered services. 

4 SEC. 212. Notwithstanding any other provision of 

5 law, no provider of services under title X of the Public 

6 Health Service Act shall be exempt from any State law 

7 requiring notification or the reporting of child abuse, child 

8 molestation, sexual abuse, rape, or incest. 

9 SEC. 213. (a) Except as provided by subsection (e) 

10 none of the funds appropriated by this Act may be used 

11 to withhold substance abuse funding from a State pursu12 ant to section 1926 of the Public Health Service Act (42 

13 U.S.C. 300x–26) if such State certifies to the Secretary 

14 of Health and Human Services by May 1, 2004 that the 

15 State will commit additional State funds, in accordance 

16 with subsection (b), to ensure compliance with State laws 

17 prohibiting the sale of tobacco products to individuals 

18 under 18 years of age. 

19 (b) The amount of funds to be committed by a State 

20 under subsection (a) shall be equal to 1 percent of such 

21 State’s substance abuse block grant allocation for each 

22 percentage point by which the State misses the retailer 

23 compliance rate goal established by the Secretary of 

24 Health and Human Services under section 1926 of such 

25 Act. 
55

•HR 2618 IH 

1 (c) The State is to maintain State expenditures in 

2 fiscal year 2004 for tobacco prevention programs and for 

3 compliance activities at a level that is not less than the 

4 level of such expenditures maintained by the State for fis5 cal year 2003, and adding to that level the additional 

6 funds for tobacco compliance activities required under 

7 subsection (a). The State is to submit a report to the Sec8 retary on all fiscal year 2003 State expenditures and all 

9 fiscal year 2004 obligations for tobacco prevention and 

10 compliance activities by program activity by July 31, 

11 2004. 

12 (d) The Secretary shall exercise discretion in enforc13 ing the timing of the State obligation of the additional 

14 funds required by the certification described in subsection 

15 (a) as late as July 31, 2004. 

16 (e) None of the funds appropriated by this Act may 

17 be used to withhold substance abuse funding pursuant to 

18 section 1926 from a territory that receives less than 

19 $1,000,000. 

20 SEC. 214. In order for the Centers for Disease Con21 trol and Prevention to carry out international health ac22 tivities, including HIV/AIDS and other infectious disease, 

23 chronic and environmental disease, and other health ac24 tivities abroad during fiscal year 2004, the Secretary of 

25 Health and Human Services is authorized to provide such
56

•HR 2618 IH 

1 funds by advance or reimbursement to the Secretary of 

2 State as may be necessary to pay the costs of acquisition, 

3 lease, alteration, renovation, and management of facilities 

4 outside of the United States for the use of the Department 

5 of Health and Human Services. The Department of State 

6 shall cooperate fully with the Secretary of Health and 

7 Human Services to ensure that the Department of Health 

8 and Human Services has secure, safe, functional facilities 

9 that comply with applicable regulation governing location, 

10 setback, and other facilities requirements and serve the 

11 purposes established by this Act. The Secretary of Health 

12 and Human Services is authorized, in consultation with 

13 the Secretary of State, through grant or cooperative agree14 ment, to make available to public or nonprofit private in15 stitutions or agencies in participating foreign countries, 

16 funds to acquire, lease, alter, or renovate facilities in those 

17 countries as necessary to conduct programs of assistance 

18 for international health activities, including activities re19 lating to HIV/AIDS and other infectious diseases, chronic 

20 and environmental diseases, and other health activities 

21 abroad. 

22 SEC. 215. (a) In addition to the authority provided 

23 in section 214, in order for the Centers for Disease Con24 trol and Prevention to carry out international health ac25 tivities, including HIV/AIDS and other infectious disease, 
57

•HR 2618 IH 

1 chronic and environmental disease, and other health ac2 tivities abroad during fiscal year 2004, the Secretary of 

3 Health and Human Services may exercise authority equiv4 alent to that available to the Secretary of State in section 

5 2(c) of the State Department Basic Authorities Act of 

6 1956 (22 U.S.C. 2669(c)). 

7 (b) The Secretary of Health and Human Services 

8 shall consult with the Secretary of State and relevant 

9 Chief of Mission to ensure that the authority provided in 

10 this section is exercised in a manner consistent with sec11 tion 207 of the Foreign Service Act of 1980 (22 U.S.C. 

12 3927) and other applicable statutes administered by the 

13 Department of State. 

14 SEC. 216. The Division of Federal Occupational 

15 Health may utilize personal services contracting to employ 

16 professional management/administrative and occupational 

17 health professionals. 

18 SEC. 217. (a) CMS PROGRAM MANAGEMENT AC19 COUNT.—The amount otherwise provided by this Act for 

20 ‘‘Centers for Medicare and Medicaid Services—Program 

21 Management’’ is hereby reduced by $98,000,000. 

22 (b) MEDICARE CLAIMS PROCESSING FEE.—

23 (1) IN GENERAL.—Notwithstanding section 

24 1842(c)(4) of the Social Security Act, each claim 

25 submitted by an individual or entity furnishing items 
58

•HR 2618 IH 

1 or services for which payment may be made under 

2 part A or part B of title XVIII of such Act is sub3 ject to a processing fee of $2.50 if the claim—

4 (A) duplicates, in whole or in part, another 

5 claim submitted by the same individual or enti6 ty; or 

7 (B) is a claim that cannot be processed 

8 and must be returned by the medicare claims 

9 processing contractor involved to the individual 

10 or entity for completion or correction. 

11 (2) DEDUCTION AND TRANSFER.—The Sec12 retary of Health and Human Services shall deduct 

13 any fees assessed pursuant to paragraph (1) against 

14 an individual or entity from amounts otherwise pay15 able from a trust fund under such title to such indi16 vidual or entity, and shall transfer the amount so 

17 deducted from such trust fund to the Program Man18 agement account of the Centers for Medicare & 

19 Medicaid Services. 

20 (3) AVAILABILITY.—Fees collected under this 

21 subsection shall remain available until expended. 

22 Such fees shall be available for obligation in a fiscal 

23 year only in the amount specified in the appropria24 tion Act for such fiscal year. 
59

•HR 2618 IH 

1 (4) WAIVER AUTHORITY.—The Secretary of 

2 Health and Human Services may provide for waiver 

3 of fees for claims described in paragraph (2) in 

4 cases of such compelling circumstances as the Sec5 retary may determine. 

6 (5) EXCLUSION OF FEES IN ALLOWABLE

7 COSTS.—An entity may not include a fee assessed 

8 pursuant to this subsection as an allowable item on 

9 a cost report under the Social Security Act. 

10 (6) EFFECTIVE DATE.—This subsection shall 

11 apply to claims referred to in paragraph (1) sub12 mitted on or after a date, specified by the Secretary 

13 of Health and Human Services, that is not later 

14 than 3 months after the date of the enactment of 

15 this Act. 

16 SEC. 218. The amount appropriated in this Act for 

17 ‘‘Centers for Disease Control and Prevention—Disease 

18 Control, Research, and Training’’ is hereby reduced by 

19 $49,982,000, to be derived from the amounts made avail20 able for administrative and related information technology 

21 expenses: Provided, That the Director of the Centers for 

22 Disease Control and Prevention shall determine the alloca23 tion of the reduction among Agency activities, and shall 

24 submit to the Committees on Appropriations a report 

25 specifying the proposed allocation.
60

•HR 2618 IH 

1 This title may be cited as the ‘‘Department of Health 

2 and Human Services Appropriations Act, 2004’’. 

3 TITLE III—DEPARTMENT OF EDUCATION 

4 EDUCATION FOR THE DISADVANTAGED

5 For carrying out title I of the Elementary and Sec6 ondary Education Act of 1965 (‘‘ESEA’’) and section 

7 418A of the Higher Education Act of 1965, 

8 $14,841,311,000, of which $7,277,510,000 shall become 

9 available on July 1, 2004, and shall remain available 

10 through September 30, 2005, and of which 

11 $7,383,301,000 shall become available on October 1, 

12 2004, and shall remain available through September 30, 

13 2005, for academic year 2004–2005: Provided, That 

14 $7,607,282,000 shall be available for basic grants under 

15 section 1124: Provided further, That up to $3,500,000 of 

16 these funds shall be available to the Secretary of Edu17 cation on October 1, 2003, to obtain updated educational18 agency-level census poverty data from the Bureau of the 

19 Census: Provided further, That $1,365,031,000 shall be 

20 available for concentration grants under section 1124A: 

21 Provided further, That $1,920,239,000 shall be available 

22 for targeted grants under section 1125: Provided further,

23 That $1,791,759,000 shall be available for education fi24 nance incentive grants under section 1125A: Provided fur25 ther, That $235,000,000 shall be available for comprehen-
61

•HR 2618 IH 

1 sive school reform grants under part F of the ESEA: Pro2 vided further, That from the $9,500,000 available to carry 

3 out part E of title I, up to $1,000,000 shall be available 

4 to the Secretary of Education to provide technical assist5 ance to State and local educational agencies concerning 

6 part A of title I. 

7 IMPACT AID

8 For carrying out programs of financial assistance to 

9 federally affected schools authorized by title VIII of the 

10 Elementary and Secondary Education Act of 1965, 

11 $1,403,324,000, of which $1,192,000,000 shall be for 

12 basic support payments under section 8003(b), 

13 $66,668,000 shall be for payments for children with dis14 abilities under section 8003(d), $54,708,000 shall be for 

15 construction under section 8007 and shall remain avail16 able through September 30, 2005, $72,000,000 shall be 

17 for Federal property payments under section 8002, and 

18 $17,948,000, to remain available until expended, shall be 

19 for facilities maintenance under section 8008. 

20 SCHOOL IMPROVEMENT PROGRAMS

21 For carrying out school improvement activities au22 thorized by title II, part B of title IV, part A and subpart 

23 6 of part D of title V, parts A and B of title VI, and 

24 parts B and C of title VII of the Elementary and Sec25 ondary Education Act of 1965 (‘‘ESEA’’); part B of title 
62

•HR 2618 IH 

1 II of the Higher Education Act; the McKinney-Vento 

2 Homeless Assistance Act; and the Civil Rights Act of 

3 1964, $6,141,812,000, of which $4,490,947,000 shall be4 come available on July 1, 2004, and remain available 

5 through September 30, 2005, and of which 

6 $1,435,000,000 shall become available on October 1, 

7 2004, and shall remain available through September 30, 

8 2005, for academic year 2004–2005: Provided, That funds 

9 made available to carry out part C of title VII of the 

10 ESEA may be used for construction: Provided further,

11 That funds made available to carry out part B of title 

12 VII of the ESEA may be used for construction, renovation 

13 and modernization of any elementary school, secondary 

14 school, or structure related to an elementary school or sec15 ondary school, run by the Department of Education of the 

16 State of Hawaii, that serves a predominantly Native Ha17 waiian student body: Provided further, That $390,000,000 

18 shall be for subpart l of part A of title VI of the ESEA: 

19 Provided further, That no funds appropriated under this 

20 heading may be used to carry out section 5494 of the 

21 ESEA. 

22 INDIAN EDUCATION

23 For expenses necessary to carry out, to the extent 

24 not otherwise provided, title VII, part A of the Elementary 

25 and Secondary Education Act of 1965, $121,573,000. 
63

•HR 2618 IH 

1 INNOVATION AND IMPROVEMENT

2 For carrying out activities authorized by part G and 

3 section 1504 of title I, parts A, C, and D of title II, and 

4 parts B, C, and D of title V of the Elementary and Sec5 ondary Education Act of 1965, $807,959,000: Provided,

6 That $74,513,000, to become available on July 1, 2004 

7 and remain available through September 30, 2005, for 

8 continuing and new grants to demonstrate effective ap9 proaches to comprehensive school reform shall be allocated 

10 and expended in the same manner as the funds provided 

11 under the Fund for the Improvement of Education for this 

12 purpose were allocated and expended in fiscal year 2003: 

13 Provided further, That up to $1,500,000 of the funds pro14 vided under the Advanced Credentialling program may be 

15 reserved by the Secretary to conduct an evaluation of the 

16 program. 

17 SAFE SCHOOLS AND CITIZENSHIP EDUCATION

18 For carrying out civic and physical education activi19 ties, safe and drug-free schools and communities pro20 grams, and partnerships in character education programs, 

21 authorized by subpart 3 of part C of title II, part A of 

22 title IV, and subparts 2, 3, and 10 of part D of title V 

23 of the Elementary and Secondary Education Act of 1965 

24 (‘‘ESEA’’), $820,068,000, of which $138,949,000 shall 

25 become available on July 1, 2004 and remain available 
64

•HR 2618 IH 

1 through September 30, 2005, and of which $330,000,000 

2 shall become available on October 1, 2004 and shall re3 main available through September 30, 2005 for the aca4 demic year 2004–2005: Provided, That $468,949,000 

5 shall be available for subpart 1 of part A of title IV and 

6 $155,180,000 shall be available for subpart 2 of part A 

7 of title IV, of which $4,968,000, to remain available until 

8 expended, shall be for the Project School Emergency Re9 sponse to Violence program to provide education-related 

10 services to local educational agencies in which the learning 

11 environment has been disrupted due to a violent or trau12 matic crisis: Provided further, That of the amount made 

13 available for subpart 3 of part C of title II of the ESEA, 

14 up to $12,000,000 may be used to carry out section 2345 

15 of the ESEA and $3,000,000 shall be used by the Center 

16 for Civic Education to implement a comprehensive pro17 gram to improve public knowledge, understanding, and 

18 support of the Congress and the State legislatures. 

19 ENGLISH LANGUAGE ACQUISITION

20 For carrying out title III, part A of the Elementary 

21 and Secondary Education Act of 1965, $750,000,000, of 

22 which $626,258,000 shall become available on July 1, 

23 2004, and shall remain available through September 30, 

24 2005.
65

•HR 2618 IH 

1 SPECIAL EDUCATION

2 For carrying out the Individuals with Disabilities 

3 Education Act, $12,249,790,000, of which 

4 $6,890,762,000 shall become available for obligation on 

5 July 1, 2004, and shall remain available through Sep6 tember 30, 2005, and of which $5,072,000,000 shall be7 come available on October 1, 2004, and shall remain avail8 able through September 30, 2005, for academic year 

9 2004–2005: Provided, That $11,400,000 shall be for Re10 cording for the Blind and Dyslexic to support the develop11 ment, production, and circulation of recorded educational 

12 materials: Provided further, That $1,490,000 shall be for 

13 the recipient of funds provided by Public Law 105–78 

14 under section 687(b)(2)(G) of the Act to provide informa15 tion on diagnosis, intervention, and teaching strategies for 

16 children with disabilities: Provided further, That the 

17 amount for section 611(c) of the Act shall be equal to the 

18 amount available for that section during fiscal year 2003, 

19 increased by the amount of inflation as specified in section 

20 611(f)(1)(B)(ii) of the Act. 

21 REHABILITATION SERVICES AND DISABILITY RESEARCH

22 For carrying out, to the extent not otherwise pro23 vided, the Rehabilitation Act of 1973, the Assistive Tech24 nology Act of 1998, and the Helen Keller National Center 

25 Act, $2,999,165,000: Provided, That the funds provided 
66

•HR 2618 IH 

1 for title I of the Assistive Technology Act of 1998 (‘‘the 

2 AT Act’’) shall be allocated notwithstanding section 

3 105(b)(1) of the AT Act. 

4 SPECIAL INSTITUTIONS FOR PERSONS WITH

5 DISABILITIES

6 AMERICAN PRINTING HOUSE FOR THE BLIND

7 For carrying out the Act of March 3, 1879, as 

8 amended (20 U.S.C. 101 et seq.), $16,500,000. 

9 NATIONAL TECHNICAL INSTITUTE FOR THE DEAF

10 For the National Technical Institute for the Deaf 

11 under titles I and II of the Education of the Deaf Act 

12 of 1986 (20 U.S.C. 4301 et seq.), $53,867,000, of which 

13 $367,000 shall be for construction and shall remain avail14 able until expended: Provided, That from the total amount 

15 available, the Institute may at its discretion use funds for 

16 the endowment program as authorized under section 207. 

17 GALLAUDET UNIVERSITY

18 For the Kendall Demonstration Elementary School, 

19 the Model Secondary School for the Deaf, and the partial 

20 support of Gallaudet University under titles I and II of 

21 the Education of the Deaf Act of 1986 (20 U.S.C. 4301 

22 et seq.), $100,600,000: Provided, That from the total 

23 amount available, the University may at its discretion use 

24 funds for the endowment program as authorized under 

25 section 207. 
67

•HR 2618 IH 

1 VOCATIONAL AND ADULT EDUCATION

2 For carrying out, to the extent not otherwise pro3 vided, the Carl D. Perkins Vocational and Applied Tech4 nology Education Act, the Adult Education and Family 

5 Literacy Act, and subpart 4 of part D of title V of the 

6 Elementary and Secondary Education Act of 1965 

7 (‘‘ESEA’’), $2,094,475,000, of which $1,294,725,000 

8 shall become available on July 1, 2004 and shall remain 

9 available through September 30, 2005 and of which 

10 $791,000,000 shall become available on October 1, 2004 

11 and shall remain available through September 30, 2005: 

12 Provided, That of the amount provided for Adult Edu13 cation State Grants, $70,000,000 shall be made available 

14 for integrated English literacy and civics education serv15 ices to immigrants and other limited English proficient 

16 populations: Provided further, That of the amount re17 served for integrated English literacy and civics education, 

18 notwithstanding section 211 of the Adult Education and 

19 Family Literacy Act, 65 percent shall be allocated to 

20 States based on a State’s absolute need as determined by 

21 calculating each State’s share of a 10-year average of the 

22 Immigration and Naturalization Service data for immi23 grants admitted for legal permanent residence for the 10 

24 most recent years, and 35 percent allocated to States that 

25 experienced growth as measured by the average of the 3 
68

•HR 2618 IH 

1 most recent years for which Immigration and Naturaliza2 tion Service data for immigrants admitted for legal perma3 nent residence are available, except that no State shall be 

4 allocated an amount less than $60,000: Provided further,

5 That of the amounts made available for the Adult Edu6 cation and Family Literacy Act, $9,438,000 shall be for 

7 national leadership activities under section 243 and 

8 $6,517,000 shall be for the National Institute for Literacy 

9 under section 242: Provided further, That $175,000,000 

10 shall be available to support the activities authorized 

11 under subpart 4 of part D of title V of the ESEA, of which 

12 up to 5 percent shall become available October 1, 2003, 

13 for evaluation, technical assistance, school networking, 

14 peer review of applications, and program outreach activi15 ties and of which not less than 95 percent shall become 

16 available on July 1, 2004, and remain available through 

17 September 30, 2005, for grants to local educational agen18 cies: Provided further, That funds made available to local 

19 educational agencies under this subpart shall be used only 

20 for activities related to establishing smaller learning com21 munities in high schools. 

22 STUDENT FINANCIAL ASSISTANCE

23 For carrying out subparts 1, 3 and 4 of part A, sec24 tion 428K, part C and part E of title IV of the Higher 
69

•HR 2618 IH 

1 Education Act of 1965, as amended, $14,911,432,000, 

2 which shall remain available through September 30, 2005. 

3 The maximum Pell Grant for which a student shall 

4 be eligible during award year 2004–2005 shall be $4,200. 

5 HIGHER EDUCATION

6 For carrying out, to the extent not otherwise pro7 vided, section 121 and titles II, III, IV, V, VI, and VII 

8 of the Higher Education Act of 1965 (‘‘HEA’’), as amend9 ed, section 1543 of the Higher Education Amendments 

10 of 1992, title VIII of the Higher Education Amendments 

11 of 1998, section 117 of the Carl D. Perkins Vocational 

12 and Technical Education Act, and the Mutual Educational 

13 and Cultural Exchange Act of 1961, $1,985,991,000, of 

14 which $2,000,000 for interest subsidies authorized by sec15 tion 121 of the HEA, shall remain available until ex16 pended: Provided, That $9,935,000, to remain available 

17 through September 30, 2005, shall be available to fund 

18 fellowships for academic year 2005–2006 under part A, 

19 subpart 1 of title VII of said Act, under the terms and 

20 conditions of part A, subpart 1: Provided further, That 

21 $994,000 is for data collection and evaluation activities 

22 for programs under the HEA, including such activities 

23 needed to comply with the Government Performance and 

24 Results Act of 1993: Provided further, That notwith25 standing any other provision of law, funds made available
70

•HR 2618 IH 

1 in this Act to carry out title VI of the HEA and section 

2 102(b)(6) of the Mutual Educational and Cultural Ex3 change Act of 1961 may be used to support visits and 

4 study in foreign countries by individuals who are partici5 pating in advanced foreign language training and inter6 national studies in areas that are vital to United States 

7 national security and who plan to apply their language 

8 skills and knowledge of these countries in the fields of gov9 ernment, the professions, or international development: 

10 Provided further, That up to 1 percent of the funds re11 ferred to in the preceding proviso may be used for pro12 gram evaluation, national outreach, and information dis13 semination activities: Provided further, That notwith14 standing any other provision of law or any regulation, the 

15 Secretary of Education shall not require the use of a re16 stricted indirect cost rate for grants issued pursuant to 

17 section 117 of the Carl D. Perkins Vocational and Applied 

18 Technology Education Act. 

19 HOWARD UNIVERSITY

20 For partial support of Howard University (20 U.S.C. 

21 121 et seq.), $242,770,000, of which not less than 

22 $3,600,000 shall be for a matching endowment grant pur23 suant to the Howard University Endowment Act (Public 

24 Law 98–480) and shall remain available until expended. 
71

•HR 2618 IH 

1 COLLEGE HOUSING AND ACADEMIC FACILITIES LOANS

2 PROGRAM

3 For Federal administrative expenses authorized 

4 under section 121 of the Higher Education Act of 1965, 

5 $774,000 to carry out activities related to existing facility 

6 loans entered into under the Higher Education Act of 

7 1965. 

8 HISTORICALLY BLACK COLLEGE AND UNIVERSITY

9 CAPITAL FINANCING PROGRAM ACCOUNT

10 The aggregate principal amount of outstanding bonds 

11 insured pursuant to section 344 of title III, part D of the 

12 Higher Education Act of 1965 shall not exceed 

13 $357,000,000, and the cost, as defined in section 502 of 

14 the Congressional Budget Act of 1974, of such bonds shall 

15 not exceed zero. 

16 For administrative expenses to carry out the Histori17 cally Black College and University Capital Financing Pro18 gram entered into pursuant to title III, part D of the 

19 Higher Education Act of 1965, as amended, $210,000. 

20 INSTITUTE OF EDUCATION SCIENCES

21 For carrying out activities authorized by Public Law 

22 107–279, $500,599,000: Provided, That of the amount 

23 appropriated, $185,000,000 shall be available for obliga24 tion through September 30, 2005. 
72

•HR 2618 IH 

1 DEPARTMENTAL MANAGEMENT

2 PROGRAM ADMINISTRATION

3 For carrying out, to the extent not otherwise pro4 vided, the Department of Education Organization Act, in5 cluding rental of conference rooms in the District of Co6 lumbia and hire of three passenger motor vehicles, 

7 $434,494,000, of which $13,644,000, to remain available 

8 until expended, shall be for building alterations and re9 lated expenses for the relocation of Department staff to 

10 Potomac Center Plaza in Washington, D.C. 

11 OFFICE FOR CIVIL RIGHTS

12 For expenses necessary for the Office for Civil 

13 Rights, as authorized by section 203 of the Department 

14 of Education Organization Act, $91,275,000. 

15 OFFICE OF THE INSPECTOR GENERAL

16 For expenses necessary for the Office of the Inspector 

17 General, as authorized by section 212 of the Department 

18 of Education Organization Act, $48,137,000. 

19 STUDENT AID ADMINISTRATION

20 For Federal administrative expenses (in addition to 

21 funds made available under section 458), to carry out part 

22 D of title I, and subparts 1, 3, and 4 of part A, and parts 

23 B, C, D and E of title IV of the Higher Education Act 

24 of 1965, as amended, $120,010,000. 
73

•HR 2618 IH 

1 GENERAL PROVISIONS 

2 SEC. 301. No funds appropriated in this Act may be 

3 used for the transportation of students or teachers (or for 

4 the purchase of equipment for such transportation) in 

5 order to overcome racial imbalance in any school or school 

6 system, or for the transportation of students or teachers 

7 (or for the purchase of equipment for such transportation) 

8 in order to carry out a plan of racial desegregation of any 

9 school or school system. 

10 SEC. 302. None of the funds contained in this Act 

11 shall be used to require, directly or indirectly, the trans12 portation of any student to a school other than the school 

13 which is nearest the student’s home, except for a student 

14 requiring special education, to the school offering such 

15 special education, in order to comply with title VI of the 

16 Civil Rights Act of 1964. For the purpose of this section 

17 an indirect requirement of transportation of students in18 cludes the transportation of students to carry out a plan 

19 involving the reorganization of the grade structure of 

20 schools, the pairing of schools, or the clustering of schools, 

21 or any combination of grade restructuring, pairing or clus22 tering. The prohibition described in this section does not 

23 include the establishment of magnet schools. 
74

•HR 2618 IH 

1 SEC. 303. No funds appropriated under this Act may 

2 be used to prevent the implementation of programs of vol3 untary prayer and meditation in the public schools. 

4 (TRANSFER OF FUNDS)

5 SEC. 304. Not to exceed 1 percent of any discre6 tionary funds (pursuant to the Balanced Budget and 

7 Emergency Deficit Control Act of 1985, as amended) 

8 which are appropriated for the Department of Education 

9 in this Act may be transferred between appropriations, but 

10 no such appropriation shall be increased by more than 3 

11 percent by any such transfer: Provided, That the Appro12 priations Committees of both Houses of Congress are noti13 fied at least 15 days in advance of any transfer. 

14 This title may be cited as the ‘‘Department of Edu15 cation Appropriations Act, 2004’’. 

16 TITLE IV—RELATED AGENCIES 

17 ARMED FORCES RETIREMENT HOME

18 For expenses necessary for the Armed Forces Retire19 ment Home to operate and maintain the Armed Forces 

20 Retirement Home—Washington and the Armed Forces 

21 Retirement Home—Gulfport, to be paid from funds avail22 able in the Armed Forces Retirement Home Trust Fund, 

23 $65,279,000, of which $1,983,000 shall remain available 

24 until expended for construction and renovation of the 

25 physical plants at the Armed Forces Retirement Home—
75

•HR 2618 IH 

1 Washington and the Armed Forces Retirement Home—

2 Gulfport. 

3 CORPORATION FOR NATIONAL AND COMMUNITY SERVICE

4 DOMESTIC VOLUNTEER SERVICE PROGRAMS, OPERATING

5 EXPENSES

6 For expenses necessary for the Corporation for Na7 tional and Community Service to carry out the provisions 

8 of the Domestic Volunteer Service Act of 1973, as amend9 ed, $352,836,000: Provided, That none of the funds made 

10 available to the Corporation for National and Community 

11 Service in this Act for activities authorized by section 122 

12 of part C of title I and part E of title II of the Domestic 

13 Volunteer Service Act of 1973 shall be used to provide 

14 stipends or other monetary incentives to volunteers or vol15 unteer leaders whose incomes exceed 125 percent of the 

16 national poverty level. 

17 CORPORATION FOR PUBLIC BROADCASTING

18 For payment to the Corporation for Public Broad19 casting, as authorized by the Communications Act of 

20 1934, an amount which shall be available within limita21 tions specified by that Act, for the fiscal year 2006, 

22 $330,000,000: Provided, That no funds made available to 

23 the Corporation for Public Broadcasting by this Act shall 

24 be used to pay for receptions, parties, or similar forms 

25 of entertainment for Government officials or employees: 
76

•HR 2618 IH 

1 Provided further, That none of the funds contained in this 

2 paragraph shall be available or used to aid or support any 

3 program or activity from which any person is excluded, 

4 or is denied benefits, or is discriminated against, on the 

5 basis of race, color, national origin, religion, or sex. 

6 Of the amounts made available to the Corporation for 

7 Public Broadcasting for fiscal year 2004 by Public Law 

8 107–116, up to $80,000,000 is available for grants associ9 ated with the transition of public broadcasting to digital 

10 broadcasting, including costs related to transmission 

11 equipment and program production, development, and dis12 tribution, to be awarded as determined by the Corporation 

13 in consultation with public radio and television licensees 

14 or permittees, or their designated representatives; and up 

15 to $20,000,000 is available pursuant to section 396(k)(10) 

16 of the Communications Act of 1934, as amended, for re17 placement and upgrade of the public television inter18 connection system: Provided, That section 396(k)(3) shall 

19 apply only to amounts remaining after allocations made 

20 herein. 

21 FEDERAL MEDIATION AND CONCILIATION SERVICE

22 SALARIES AND EXPENSES

23 For expenses necessary for the Federal Mediation 

24 and Conciliation Service to carry out the functions vested 

25 in it by the Labor Management Relations Act, 1947 (29 
77

•HR 2618 IH 

1 U.S.C. 171–180, 182–183), including hire of passenger 

2 motor vehicles; for expenses necessary for the Labor-Man3 agement Cooperation Act of 1978 (29 U.S.C. 175a); and 

4 for expenses necessary for the Service to carry out the 

5 functions vested in it by the Civil Service Reform Act, 

6 Public Law 95–454 (5 U.S.C. ch. 71), $43,385,000, in7 cluding $1,500,000, to remain available through Sep8 tember 30, 2005, for activities authorized by the Labor9 Management Cooperation Act of 1978 (29 U.S.C. 175a): 

10 Provided, That notwithstanding 31 U.S.C. 3302, fees 

11 charged, up to full-cost recovery, for special training ac12 tivities and other conflict resolution services and technical 

13 assistance, including those provided to foreign govern14 ments and international organizations, and for arbitration 

15 services shall be credited to and merged with this account, 

16 and shall remain available until expended: Provided fur17 ther, That fees for arbitration services shall be available 

18 only for education, training, and professional development 

19 of the agency workforce: Provided further, That the Direc20 tor of the Service is authorized to accept and use on behalf 

21 of the United States gifts of services and real, personal, 

22 or other property in the aid of any projects or functions 

23 within the Director’s jurisdiction. 
78

•HR 2618 IH 

1 FEDERAL MINE SAFETY AND HEALTH REVIEW

2 COMMISSION

3 SALARIES AND EXPENSES

4 For expenses necessary for the Federal Mine Safety 

5 and Health Review Commission (30 U.S.C. 801 et seq.), 

6 $7,774,000. 

7 INSTITUTE OF MUSEUM AND LIBRARY SERVICES

8 For carrying out the Museum and Library Services 

9 Act of 1996, $238,126,000, to remain available until ex10 pended. 

11 MEDICARE PAYMENT ADVISORY COMMISSION

12 SALARIES AND EXPENSES

13 For expenses necessary to carry out section 1805 of 

14 the Social Security Act, $9,000,000, to be transferred to 

15 this appropriation from the Federal Hospital Insurance 

16 and the Federal Supplementary Medical Insurance Trust 

17 Funds. 

18 NATIONAL COMMISSION ON LIBRARIES AND

19 INFORMATION SCIENCE

20 SALARIES AND EXPENSES

21 For necessary expenses for the National Commission 

22 on Libraries and Information Science, established by the 

23 Act of July 20, 1970 (Public Law 91–345, as amended), 

24 $1,000,000. 
79

•HR 2618 IH 

1 NATIONAL COUNCIL ON DISABILITY

2 SALARIES AND EXPENSES

3 For expenses necessary for the National Council on 

4 Disability as authorized by title IV of the Rehabilitation 

5 Act of 1973, as amended, $2,830,000. 

6 NATIONAL LABOR RELATIONS BOARD

7 SALARIES AND EXPENSES

8 For expenses necessary for the National Labor Rela9 tions Board to carry out the functions vested in it by the 

10 Labor-Management Relations Act, 1947, as amended (29 

11 U.S.C. 141–167), and other laws, $243,073,000: Pro12 vided, That no part of this appropriation shall be available 

13 to organize or assist in organizing agricultural laborers or 

14 used in connection with investigations, hearings, direc15 tives, or orders concerning bargaining units composed of 

16 agricultural laborers as referred to in section 2(3) of the 

17 Act of July 5, 1935 (29 U.S.C. 152), and as amended 

18 by the Labor-Management Relations Act, 1947, as amend19 ed, and as defined in section 3(f) of the Act of June 25, 

20 1938 (29 U.S.C. 203), and including in said definition em21 ployees engaged in the maintenance and operation of 

22 ditches, canals, reservoirs, and waterways when main23 tained or operated on a mutual, nonprofit basis and at 

24 least 95 percent of the water stored or supplied thereby 

25 is used for farming purposes.
80

•HR 2618 IH 

1 NATIONAL MEDIATION BOARD

2 SALARIES AND EXPENSES

3 For expenses necessary to carry out the provisions 

4 of the Railway Labor Act, as amended (45 U.S.C. 151–

5 188), including emergency boards appointed by the Presi6 dent, $11,421,000. 

7 OCCUPATIONAL SAFETY AND HEALTH REVIEW

8 COMMISSION

9 SALARIES AND EXPENSES

10 For expenses necessary for the Occupational Safety 

11 and Health Review Commission (29 U.S.C. 661), 

12 $10,115,000. 

13 RAILROAD RETIREMENT BOARD

14 DUAL BENEFITS PAYMENTS ACCOUNT

15 For payment to the Dual Benefits Payments Ac16 count, authorized under section 15(d) of the Railroad Re17 tirement Act of 1974, $119,000,000, which shall include 

18 amounts becoming available in fiscal year 2004 pursuant 

19 to section 224(c)(1)(B) of Public Law 98–76; and in addi20 tion, an amount, not to exceed 2 percent of the amount 

21 provided herein, shall be available proportional to the 

22 amount by which the product of recipients and the average 

23 benefit received exceeds $119,000,000: Provided, That the 

24 total amount provided herein shall be credited in 12 ap-
81

•HR 2618 IH 

1 proximately equal amounts on the first day of each month 

2 in the fiscal year. 

3 FEDERAL PAYMENTS TO THE RAILROAD RETIREMENT

4 ACCOUNTS

5 For payment to the accounts established in the 

6 Treasury for the payment of benefits under the Railroad 

7 Retirement Act for interest earned on unnegotiated 

8 checks, $150,000, to remain available through September 

9 30, 2005, which shall be the maximum amount available 

10 for payment pursuant to section 417 of Public Law 98–

11 76. 

12 LIMITATION ON ADMINISTRATION

13 For necessary expenses for the Railroad Retirement 

14 Board for administration of the Railroad Retirement Act 

15 and the Railroad Unemployment Insurance Act, 

16 $101,300,000, to be derived in such amounts as deter17 mined by the Board from the railroad retirement accounts 

18 and from moneys credited to the railroad unemployment 

19 insurance administration fund. 

20 LIMITATION ON THE OFFICE OF INSPECTOR GENERAL

21 For expenses necessary for the Office of Inspector 

22 General for audit, investigatory and review activities, as 

23 authorized by the Inspector General Act of 1978, as 

24 amended, not more than $6,600,000, to be derived from 

25 the railroad retirement accounts and railroad unemploy26 ment insurance account: Provided, That none of the funds 
82

•HR 2618 IH 

1 made available in any other paragraph of this Act may 

2 be transferred to the Office; used to carry out any such 

3 transfer; used to provide any office space, equipment, of4 fice supplies, communications facilities or services, mainte5 nance services, or administrative services for the Office; 

6 used to pay any salary, benefit, or award for any personnel 

7 of the Office; used to pay any other operating expense of 

8 the Office; or used to reimburse the Office for any service 

9 provided, or expense incurred, by the Office. 

10 SOCIAL SECURITY ADMINISTRATION

11 PAYMENTS TO SOCIAL SECURITY TRUST FUNDS

12 For payment to the Federal Old-Age and Survivors 

13 Insurance and the Federal Disability Insurance trust 

14 funds, as provided under sections 201(m), 228(g), and 

15 1131(b)(2) of the Social Security Act, $21,658,000. 

16 SUPPLEMENTAL SECURITY INCOME PROGRAM

17 For carrying out titles XI and XVI of the Social Se18 curity Act, section 401 of Public Law 92–603, section 212 

19 of Public Law 93–66, as amended, and section 405 of 

20 Public Law 95–216, including payment to the Social Secu21 rity trust funds for administrative expenses incurred pur22 suant to section 201(g)(1) of the Social Security Act, 

23 $26,221,300,000, to remain available until expended: Pro24 vided, That any portion of the funds provided to a State 

25 in the current fiscal year and not obligated by the State 

26 during that year shall be returned to the Treasury. 
83

•HR 2618 IH 

1 For making, after June 15 of the current fiscal year, 

2 benefit payments to individuals under title XVI of the So3 cial Security Act, for unanticipated costs incurred for the 

4 current fiscal year, such sums as may be necessary. 

5 For making benefit payments under title XVI of the 

6 Social Security Act for the first quarter of fiscal year 

7 2005, $12,590,000,000, to remain available until ex8 pended. 

9 LIMITATION ON ADMINISTRATIVE EXPENSES

10 For necessary expenses, including the hire of two pas11 senger motor vehicles, and not to exceed $15,000 for offi12 cial reception and representation expenses, not more than 

13 $8,410,000,000 may be expended, as authorized by sec14 tion 201(g)(1) of the Social Security Act, from any one 

15 or all of the trust funds referred to therein: Provided, That 

16 not less than $1,800,000 shall be for the Social Security 

17 Advisory Board: Provided further, That unobligated bal18 ances of funds provided under this paragraph at the end 

19 of fiscal year 2004 not needed for fiscal year 2004 shall 

20 remain available until expended to invest in the Social Se21 curity Administration information technology and tele22 communications hardware and software infrastructure, in23 cluding related equipment and non-payroll administrative 

24 expenses associated solely with this information technology 

25 and telecommunications infrastructure: Provided further,

26 That reimbursement to the trust funds under this heading 
84

•HR 2618 IH 

1 for expenditures for official time for employees of the So2 cial Security Administration pursuant to section 7131 of 

3 title 5, United States Code, and for facilities or support 

4 services for labor organizations pursuant to policies, regu5 lations, or procedures referred to in section 7135(b) of 

6 such title shall be made by the Secretary of the Treasury, 

7 with interest, from amounts in the general fund not other8 wise appropriated, as soon as possible after such expendi9 tures are made. 

10 In addition, $120,000,000 to be derived from admin11 istration fees in excess of $5.00 per supplementary pay12 ment collected pursuant to section 1616(d) of the Social 

13 Security Act or section 212(b)(3) of Public Law 93–66, 

14 which shall remain available until expended. To the extent 

15 that the amounts collected pursuant to such section 

16 1616(d) or 212(b)(3) in fiscal year 2004 exceed 

17 $120,000,000, the amounts shall be available in fiscal year 

18 2005 only to the extent provided in advance in appropria19 tions Acts. 

20 From funds previously appropriated for this purpose, 

21 any unobligated balances at the end of fiscal year 2002 

22 shall be available to continue Federal-State partnerships 

23 which will evaluate means to promote Medicare buy-in pro24 grams targeted to elderly and disabled individuals under 

25 titles XVIII and XIX of the Social Security Act.
85

•HR 2618 IH 

1 OFFICE OF INSPECTOR GENERAL

2 (INCLUDING TRANSFER OF FUNDS)

3 For expenses necessary for the Office of Inspector 

4 General in carrying out the provisions of the Inspector 

5 General Act of 1978, as amended, $25,000,000, together 

6 with not to exceed $65,000,000, to be transferred and ex7 pended as authorized by section 201(g)(1) of the Social 

8 Security Act from the Federal Old-Age and Survivors In9 surance Trust Fund and the Federal Disability Insurance 

10 Trust Fund. 

11 In addition, an amount not to exceed 3 percent of 

12 the total provided in this appropriation may be transferred 

13 from the ‘‘Limitation on Administrative Expenses’’, Social 

14 Security Administration, to be merged with this account, 

15 to be available for the time and purposes for which this 

16 account is available: Provided, That notice of such trans17 fers shall be transmitted promptly to the Committees on 

18 Appropriations of the House and Senate. 

19 UNITED STATES INSTITUTE OF PEACE

20 OPERATING EXPENSES

21 For necessary expenses of the United States Institute 

22 of Peace as authorized in the United States Institute of 

23 Peace Act, $17,200,000. 

24 TITLE V—GENERAL PROVISIONS 

25 SEC. 501. The Secretaries of Labor, Health and 

26 Human Services, and Education are authorized to transfer 
86

•HR 2618 IH 

1 unexpended balances of prior appropriations to accounts 

2 corresponding to current appropriations provided in this 

3 Act: Provided, That such transferred balances are used for 

4 the same purpose, and for the same periods of time, for 

5 which they were originally appropriated. 

6 SEC. 502. No part of any appropriation contained in 

7 this Act shall remain available for obligation beyond the 

8 current fiscal year unless expressly so provided herein. 

9 SEC. 503. (a) No part of any appropriation contained 

10 in this Act shall be used, other than for normal and recog11 nized executive-legislative relationships, for publicity or 

12 propaganda purposes, for the preparation, distribution, or 

13 use of any kit, pamphlet, booklet, publication, radio, tele14 vision, or video presentation designed to support or defeat 

15 legislation pending before the Congress or any State legis16 lature, except in presentation to the Congress or any State 

17 legislature itself. 

18 (b) No part of any appropriation contained in this 

19 Act shall be used to pay the salary or expenses of any 

20 grant or contract recipient, or agent acting for such recipi21 ent, related to any activity designed to influence legislation 

22 or appropriations pending before the Congress or any 

23 State legislature. 

24 SEC. 504. The Secretaries of Labor and Education 

25 are authorized to make available not to exceed $28,000 
87

•HR 2618 IH 

1 and $20,000, respectively, from funds available for sala2 ries and expenses under titles I and III, respectively, for 

3 official reception and representation expenses; the Direc4 tor of the Federal Mediation and Conciliation Service is 

5 authorized to make available for official reception and rep6 resentation expenses not to exceed $5,000 from the funds 

7 available for ‘‘Salaries and expenses, Federal Mediation 

8 and Conciliation Service’’; and the Chairman of the Na9 tional Mediation Board is authorized to make available for 

10 official reception and representation expenses not to ex11 ceed $5,000 from funds available for ‘‘Salaries and ex12 penses, National Mediation Board’’. 

13 SEC. 505. Notwithstanding any other provision of 

14 this Act, no funds appropriated under this Act shall be 

15 used to carry out any program of distributing sterile nee16 dles or syringes for the hypodermic injection of any illegal 

17 drug. 

18 SEC. 506. (a) It is the sense of the Congress that, 

19 to the greatest extent practicable, all equipment and prod20 ucts purchased with funds made available in this Act 

21 should be American-made. 

22 (b) In providing financial assistance to, or entering 

23 into any contract with, any entity using funds made avail24 able in this Act, the head of each Federal agency, to the 

25 greatest extent practicable, shall provide to such entity a 
88

•HR 2618 IH 

1 notice describing the statement made in subsection (a) by 

2 the Congress. 

3 (c) If it has been finally determined by a court or 

4 Federal agency that any person intentionally affixed a 

5 label bearing a ‘‘Made in America’’ inscription, or any in6 scription with the same meaning, to any product sold in 

7 or shipped to the United States that is not made in the 

8 United States, the person shall be ineligible to receive any 

9 contract or subcontract made with funds made available 

10 in this Act, pursuant to the debarment, suspension, and 

11 ineligibility procedures described in sections 9.400 through 

12 9.409 of title 48, Code of Federal Regulations. 

13 SEC. 507. When issuing statements, press releases, 

14 requests for proposals, bid solicitations and other docu15 ments describing projects or programs funded in whole or 

16 in part with Federal money, all grantees receiving Federal 

17 funds included in this Act, including but not limited to 

18 State and local governments and recipients of Federal re19 search grants, shall clearly state: (1) the percentage of the 

20 total costs of the program or project which will be financed 

21 with Federal money; (2) the dollar amount of Federal 

22 funds for the project or program; and (3) percentage and 

23 dollar amount of the total costs of the project or program 

24 that will be financed by non-governmental sources. 
89

•HR 2618 IH 

1 SEC. 508. (a) None of the funds appropriated under 

2 this Act, and none of the funds in any trust fund to which 

3 funds are appropriated under this Act, shall be expended 

4 for any abortion. 

5 (b) None of the funds appropriated under this Act, 

6 and none of the funds in any trust fund to which funds 

7 are appropriated under this Act, shall be expended for 

8 health benefits coverage that includes coverage of abor9 tion. 

10 (c) The term ‘‘health benefits coverage’’ means the 

11 package of services covered by a managed care provider 

12 or organization pursuant to a contract or other arrange13 ment. 

14 SEC. 509. (a) The limitations established in the pre15 ceding section shall not apply to an abortion—

16 (1) if the pregnancy is the result of an act of 

17 rape or incest; or 

18 (2) in the case where a woman suffers from a 

19 physical disorder, physical injury, or physical illness, 

20 including a life-endangering physical condition 

21 caused by or arising from the pregnancy itself, that 

22 would, as certified by a physician, place the woman 

23 in danger of death unless an abortion is performed. 

24 (b) Nothing in the preceding section shall be con25 strued as prohibiting the expenditure by a State, locality,
90

•HR 2618 IH 

1 entity, or private person of State, local, or private funds 

2 (other than a State’s or locality’s contribution of Medicaid 

3 matching funds). 

4 (c) Nothing in the preceding section shall be con5 strued as restricting the ability of any managed care pro6 vider from offering abortion coverage or the ability of a 

7 State or locality to contract separately with such a pro8 vider for such coverage with State funds (other than a 

9 State’s or locality’s contribution of Medicaid matching 

10 funds). 

11 SEC. 510. (a) None of the funds made available in 

12 this Act may be used for—

13 (1) the creation of a human embryo or embryos 

14 for research purposes; or 

15 (2) research in which a human embryo or em16 bryos are destroyed, discarded, or knowingly sub17 jected to risk of injury or death greater than that 

18 allowed for research on fetuses in utero under 45 

19 CFR 46.208(a)(2) and section 498(b) of the Public 

20 Health Service Act (42 U.S.C. 289g(b)). 

21 (b) For purposes of this section, the term ‘‘human 

22 embryo or embryos’’ includes any organism, not protected 

23 as a human subject under 45 CFR 46 as of the date of 

24 the enactment of this Act, that is derived by fertilization, 
91

•HR 2618 IH 

1 parthenogenesis, cloning, or any other means from one or 

2 more human gametes or human diploid cells. 

3 SEC. 511. (a) None of the funds made available in 

4 this Act may be used for any activity that promotes the 

5 legalization of any drug or other substance included in 

6 schedule I of the schedules of controlled substances estab7 lished by section 202 of the Controlled Substances Act (21 

8 U.S.C. 812). 

9 (b) The limitation in subsection (a) shall not apply 

10 when there is significant medical evidence of a therapeutic 

11 advantage to the use of such drug or other substance or 

12 that federally sponsored clinical trials are being conducted 

13 to determine therapeutic advantage. 

14 SEC. 512. None of the funds made available in this 

15 Act may be obligated or expended to enter into or renew 

16 a contract with an entity if—

17 (1) such entity is otherwise a contractor with 

18 the United States and is subject to the requirement 

19 in section 4212(d) of title 38, United States Code, 

20 regarding submission of an annual report to the Sec21 retary of Labor concerning employment of certain 

22 veterans; and 

23 (2) such entity has not submitted a report as 

24 required by that section for the most recent year for 
92

•HR 2618 IH 

1 which such requirement was applicable to such enti2 ty. 

3 SEC. 513. None of the funds made available in this 

4 Act may be used to promulgate or adopt any final stand5 ard under section 1173(b) of the Social Security Act (42 

6 U.S.C. 1320d–2(b)) providing for, or providing for the as7 signment of, a unique health identifier for an individual 

8 (except in an individual’s capacity as an employer or a 

9 health care provider), until legislation is enacted specifi10 cally approving the standard. 

11 SEC. 514. None of the funds made available in this 

12 Act may be transferred to any department, agency, or in13 strumentality of the United States Government, except 

14 pursuant to a transfer made by, or transfer authority pro15 vided in, this Act or any other appropriation Act. 

16 SEC. 515. (a) Of the total amount appropriated for 

17 ‘‘Education for the Disadvantaged’’ in title III of the De18 partments of Labor, Health and Human Services, and 

19 Education, and Related Agencies Appropriations Act, 

20 2003 (Pub. L. 108-7, div. G)—

21 (1) the portion becoming available on July 1, 

22 2003, is hereby increased by $2,244,000,000; and 

23 (2) the portion becoming available on October 

24 1, 2003, is hereby reduced by $2,244,000,000. 
93

•HR 2618 IH 

1 (b) The rescission made by section 601 of the Mis2 cellaneous Appropriations Act, 2003 (Pub. L. 108-7, div. 

3 N) shall not apply to the amounts of the increase and re4 duction specified in this section. 

5 SEC. 516. None of the funds made available by this 

6 Act to carry out the Library Services and Technology Act 

7 may be made available to any library covered by para8 graph (1) of section 224(f) of such Act (20 U.S.C. 

9 9134(f)), as amended by the Children’s Internet Protec10 tions Act, unless such library has made the certifications 

11 required by paragraph (4) of such section. 

12 SEC. 517. None of the funds made available by this 

13 Act to carry out part D of title II of the Elementary and 

14 Secondary Education Act of 1965 may be made available 

15 to any elementary or secondary school covered by para16 graph (1) of section 2441(a) of such Act (20 U.S.C. 

17 6777(a)), as amended by the Children’s Internet Protec18 tions Act and the No Child Left Behind Act, unless the 

19 local educational agency with responsibility for such cov20 ered school has made the certifications required by para21 graph (2) of such section. 

22 SEC. 518. In the case of taxpayers with adjusted 

23 gross income in excess of $1,000,000 for the tax year be24 ginning in 2003, the amount of tax reduction resulting 
94

•HR 2618 IH 

1 from enactment of the Jobs and Growth Tax Relief Rec2 onciliation Act of 2003 shall be reduced by 32 percent. 

3 This Act may be cited as the ‘‘Departments of Labor, 

4 Health and Human Services, and Education, and Related 

5 Agencies Appropriations Act, 2004’’.

Æ