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[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2660 Engrossed Amendment Senate (EAS)]

  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  

                  In the Senate of the United States,

                                                    September 10, 2003.
    Resolved, That the bill from the House of Representatives (H.R. 
2660) entitled ``An Act 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.'', do pass with the following

                               AMENDMENT:

            Strike out all after the enacting clause and insert:

That the following sums are appropriated, out of any money in the 
Treasury not otherwise appropriated, for the Departments of Labor, 
Health and Human Services, and Education, and related agencies for the 
fiscal year ending September 30, 2004, and for other purposes, namely:

                      TITLE I--DEPARTMENT OF LABOR

                 Employment and Training Administration

                    training and employment services

    For necessary expenses of the Workforce Investment Act of 1998, 
including the purchase and hire of passenger motor vehicles, the 
construction, alteration, and repair of buildings and other facilities, 
and the purchase of real property for training centers as authorized by 
the Workforce Investment Act of 1998; $2,652,588,000 plus 
reimbursements, of which $1,631,407,000 is available for obligation for 
the period July 1, 2004 through June 30, 2005; of which $1,000,965,000 
is available for obligation for the period April 1, 2004 through June 
30, 2005, to carry out chapter 4 of the Workforce Investment Act of 
1998; and of which $20,216,000 is available for the period July 1, 2004 
through June 30, 2007 for necessary expenses of construction, 
rehabilitation, and acquisition of Job Corps centers: Provided, That 
notwithstanding any other provision of law, of the funds provided 
herein under section 137(c) of the Workforce Investment Act of 1998, 
$276,608,000 shall be for activities described in section 132(a)(2)(A) 
of such Act and $1,155,152,000 shall be for activities described in 
section 132(a)(2)(B) of such Act: Provided further, That $9,039,000 
shall be for carrying out section 172 of the Workforce Investment Act 
of 1998: Provided further, That, notwithstanding any other provision of 
law or related regulation, $77,330,000 shall be for carrying out 
section 167 of the Workforce Investment Act of 1998, including 
$72,213,000 for formula grants, $4,610,000 for migrant and seasonal 
housing, and $507,000 for other discretionary purposes: Provided 
further, That $4,609,840 appropriated under this heading in Public Law 
108-7 for migrant and seasonal housing under section 167 of the 
Workforce Investment Act of 1998 and available for obligation for the 
period July 1, 2003 through June 30, 2004 is hereby rescinded: Provided 
further, That $4,609,840 is available for obligation for the period 
July 1, 2003 through June 30, 2004, for farmworker housing 
organizations with grants expiring June 30, 2003 to carry out migrant 
and seasonal housing activities, including permanent housing at the 
option of grantees, under section 167 of the Workforce Investment Act 
of 1998: Provided further, That funds provided to carry out section 
171(d) of the Workforce Investment Act of 1998 may be used for 
demonstration projects that provide assistance to new entrants in the 
workforce and incumbent workers: Provided further, That no funds from 
any other appropriation shall be used to provide meal services at or 
for Job Corps centers.
    For necessary expenses of the Workforce Investment Act of 1998, 
including the purchase and hire of passenger motor vehicles, the 
construction, alteration, and repair of buildings and other facilities, 
and the purchase of real property for training centers as authorized by 
the Workforce Investment Act of 1998; $2,463,000,000 plus 
reimbursements, of which $2,363,000,000 is available for obligation for 
the period October 1, 2004 through June 30, 2005, and of which 
$100,000,000 is available for the period October 1, 2004 through June 
30, 2007, for necessary expenses of construction, rehabilitation, and 
acquisition of Job Corps centers.
    For necessary expenses of the Workforce Investment Act of 1998, 
including the purchase and hire of passenger motor vehicles, the 
construction, alteration, and repair of buildings and other facilities, 
and the purchase of real property for training centers as authorized by 
the Workforce Investment Act of 1998, $25,000,000 may be used to carry 
out activities described in section 132(a)(2)(B) of that Act (relating 
to dislocated worker employment and training activities and other 
activities for dislocated workers).

            community service employment for older americans

    To carry out title V of the Older Americans Act of 1965, as 
amended, $442,306,000.

              federal unemployment benefits and allowances

    For payments during the current fiscal year of trade adjustment 
benefit payments and allowances under part I; and for training, 
allowances for job search and relocation, and related State 
administrative expenses under part II of chapter 2, title II of the 
Trade Act of 1974 (including the benefits and services described under 
sections 123(c)(2) and 151(b) and (c) of the Trade Adjustment 
Assistance Reform Act of 2002, Public Law 107-210), $1,338,200,000, 
together with such amounts as may be necessary to be charged to the 
subsequent appropriation for payments for any period subsequent to 
September 15 of the current year.

     state unemployment insurance and employment service operations

    For authorized administrative expenses, $142,520,000, together with 
not to exceed $3,478,032,000 (including not to exceed $1,228,000 which 
may be used for amortization payments to States which had independent 
retirement plans in their State employment service agencies prior to 
1980), which may be expended from the Employment Security 
Administration Account in the Unemployment Trust Fund including the 
cost of administering section 51 of the Internal Revenue Code of 1986, 
as amended, section 7(d) of the Wagner-Peyser Act, as amended, the 
Trade Act of 1974, as amended, the Immigration Act of 1990, and the 
Immigration and Nationality Act, as amended, and of which the sums 
available in the allocation for activities authorized by title III of 
the Social Security Act, as amended (42 U.S.C. 502-504), and the sums 
available in the allocation for necessary administrative expenses for 
carrying out 5 U.S.C. 8501-8523, shall be available for obligation by 
the States through December 31, 2004, except that funds used for 
automation acquisitions shall be available for obligation by the States 
through September 30, 2006; of which $142,520,000, together with not to 
exceed $768,257,000 of the amount which may be expended from said trust 
fund, shall be available for obligation for the period July 1, 2004 
through June 30, 2005, to fund activities under the Act of June 6, 
1933, as amended, including the cost of penalty mail authorized under 
39 U.S.C. 3202(a)(1)(E) made available to States in lieu of allotments 
for such purpose: Provided, That to the extent that the Average Weekly 
Insured Unemployment (AWIU) for fiscal year 2004 is projected by the 
Department of Labor to exceed 3,227,000, an additional $28,600,000 
shall be available for obligation for every 100,000 increase in the 
AWIU level (including a pro rata amount for any increment less than 
100,000) from the Employment Security Administration Account of the 
Unemployment Trust Fund: Provided further, That funds appropriated in 
this Act which are used to establish a national one-stop career center 
system, or which are used to support the national activities of the 
Federal-State unemployment insurance programs, may be obligated in 
contracts, grants or agreements with non-State entities: Provided 
further, That funds appropriated under this Act for activities 
authorized under the Wagner-Peyser Act, as amended, and title III of 
the Social Security Act, may be used by the States to fund integrated 
Employment Service and Unemployment Insurance automation efforts, 
notwithstanding cost allocation principles prescribed under Office of 
Management and Budget Circular A-87.

        advances to the unemployment trust fund and other funds

    For repayable advances to the Unemployment Trust Fund as authorized 
by sections 905(d) and 1203 of the Social Security Act, as amended, and 
to the Black Lung Disability Trust Fund as authorized by section 
9501(c)(1) of the Internal Revenue Code of 1954, as amended; and for 
nonrepayable advances to the Unemployment Trust Fund as authorized by 
section 8509 of title 5, United States Code, and to the ``Federal 
unemployment benefits and allowances'' account, to remain available 
until September 30, 2005, $467,000,000.
    In addition, for making repayable advances to the Black Lung 
Disability Trust Fund in the current fiscal year after September 15, 
2004, for costs incurred by the Black Lung Disability Trust Fund in the 
current fiscal year, such sums as may be necessary.

                         program administration

    For expenses of administering employment and training programs, 
$115,824,000, including $2,393,000 to administer welfare-to-work 
grants, together with not to exceed $63,137,000, which may be expended 
from the Employment Security Administration Account in the Unemployment 
Trust Fund.

               Employee Benefits Security Administration

                         salaries and expenses

    For necessary expenses for the Employee Benefits Security 
Administration, $121,316,000.

                  Pension Benefit Guaranty Corporation

               pension benefit guaranty corporation fund

    The Pension Benefit Guaranty Corporation is authorized to make such 
expenditures, including financial assistance authorized by section 104 
of Public Law 96-364, within limits of funds and borrowing authority 
available to such Corporation, and in accord with law, and to make such 
contracts and commitments without regard to fiscal year limitations as 
provided by section 104 of the Government Corporation Control Act, as 
amended (31 U.S.C. 9104), as may be necessary in carrying out the 
program, including associated administrative expenses, through 
September 30, 2004 for such Corporation: Provided, That none of the 
funds available to the Corporation for fiscal year 2004 shall be 
available for obligations for administrative expenses in excess of 
$228,772,000: Provided further, That obligations in excess of such 
amount may be incurred after approval by the Office of Management and 
Budget and the Committees on Appropriations of the House and Senate.

                  Employment Standards Administration

                         salaries and expenses

    For necessary expenses for the Employment Standards Administration, 
including reimbursement to State, Federal, and local agencies and their 
employees for inspection services rendered, $390,045,000, together with 
$2,016,000 which may be expended from the Special Fund in accordance 
with sections 39(c), 44(d) and 44(j) of the Longshore and Harbor 
Workers' Compensation Act: Provided, That $2,000,000 shall be for the 
development of an alternative system for the electronic submission of 
reports required to be filed under the Labor-Management Reporting and 
Disclosure Act of 1959, as amended, and for a computer database of the 
information for each submission by whatever means, that is indexed and 
easily searchable by the public via the Internet: Provided further, 
That the Secretary of Labor is authorized to accept, retain, and spend, 
until expended, in the name of the Department of Labor, all sums of 
money ordered to be paid to the Secretary of Labor, in accordance with 
the terms of the Consent Judgment in Civil Action No. 91-0027 of the 
United States District Court for the District of the Northern Mariana 
Islands (May 21, 1992): Provided further, That the Secretary of Labor 
is authorized to establish and, in accordance with 31 U.S.C. 3302, 
collect and deposit in the Treasury fees for processing applications 
and issuing certificates under sections 11(d) and 14 of the Fair Labor 
Standards Act of 1938, as amended (29 U.S.C. 211(d) and 214) and for 
processing applications and issuing registrations under title I of the 
Migrant and Seasonal Agricultural Worker Protection Act (29 U.S.C. 1801 
et seq.).

                            special benefits

                     (including transfer of funds)

    For the payment of compensation, benefits, and expenses (except 
administrative expenses) accruing during the current or any prior 
fiscal year authorized by title 5, chapter 81 of the United States 
Code; continuation of benefits as provided for under the heading 
``Civilian War Benefits'' in the Federal Security Agency Appropriation 
Act, 1947; the Employees' Compensation Commission Appropriation Act, 
1944; sections 4(c) and 5(f) of the War Claims Act of 1948 (50 U.S.C. 
App. 2012); and 50 percent of the additional compensation and benefits 
required by section 10(h) of the Longshore and Harbor Workers' 
Compensation Act, as amended, $163,000,000, together with such amounts 
as may be necessary to be charged to the subsequent year appropriation 
for the payment of compensation and other benefits for any period 
subsequent to August 15 of the current year: Provided, That amounts 
appropriated may be used under section 8104 of title 5, United States 
Code, by the Secretary of Labor to reimburse an employer, who is not 
the employer at the time of injury, for portions of the salary of a 
reemployed, disabled beneficiary: Provided further, That balances of 
reimbursements unobligated on September 30, 2003, shall remain 
available until expended for the payment of compensation, benefits, and 
expenses: Provided further, That in addition there shall be transferred 
to this appropriation from the Postal Service and from any other 
corporation or instrumentality required under section 8147(c) of title 
5, United States Code, to pay an amount for its fair share of the cost 
of administration, such sums as the Secretary determines to be the cost 
of administration for employees of such fair share entities through 
September 30, 2004: Provided further, That of those funds transferred 
to this account from the fair share entities to pay the cost of 
administration of the Federal Employees' Compensation Act, $39,315,000 
shall be made available to the Secretary as follows: (1) for 
enhancement and maintenance of automated data processing systems and 
telecommunications systems, $11,618,000; (2) for automated workload 
processing operations, including document imaging, centralized mail 
intake and medical bill processing, $14,496,000; (3) for periodic roll 
management and medical review, $13,201,000; and (4) the remaining funds 
shall be paid into the Treasury as miscellaneous receipts: Provided 
further, That the Secretary may require that any person filing a notice 
of injury or a claim for benefits under chapter 81 of title 5, United 
States Code, or 33 U.S.C. 901 et seq., provide as part of such notice 
and claim, such identifying information (including Social Security 
account number) as such regulations may prescribe.

               special benefits for disabled coal miners

    For carrying out title IV of the Federal Mine Safety and Health Act 
of 1977, as amended by Public Law 107-275, (the ``Act''), $300,000,000, 
to remain available until expended.
    For making after July 31 of the current fiscal year, benefit 
payment to individuals under title IV of the Act, for costs incurred in 
the current fiscal year, such amounts as may be necessary.
    For making benefit payments under title IV of the first quarter of 
fiscal year 2005, $88,000,000, to remain available until expended.

    administrative expenses, energy employees occupational illness 
                           compensation fund

                     (including transfer of funds)

    For necessary expenses to administer the Energy Employees 
Occupational Illness Compensation Act, $55,074,000, to remain available 
until expended: Provided, That the Secretary of Labor is authorized to 
transfer to any executive agency with authority under the Energy 
Employees Occupational Illness Compensation Act, including within the 
Department of Labor, such sums as may be necessary in fiscal year 2004 
to carry out those authorities: Provided further, That the Secretary 
may require that any person filing a claim for benefits under the Act 
provide as part of such claim, such identifying information (including 
Social Security account number) as may be prescribed.

                    black lung disability trust fund

                     (including transfer of funds)

    Beginning in fiscal year 2004 and thereafter, such sums as may be 
necessary from the Black Lung Disability Trust Fund, to remain 
available until expended, for payment of all benefits authorized by 
section 9501(d)(1), (2), (4), and (7) of the Internal Revenue Code of 
1954, as amended; and interest on advances, as authorized by section 
9501(c)(2) of that Act. In addition, the following amounts shall be 
available from the Fund for fiscal year 2004 for expenses of operation 
and administration of the Black Lung Benefits program, as authorized by 
section 9501(d)(5): $32,004,000 for transfer to the Employment 
Standards Administration, ``Salaries and Expenses''; $23,401,000 for 
transfer to Departmental Management, ``Salaries and Expenses''; 
$338,000 for transfer to Departmental Management, ``Office of Inspector 
General''; and $356,000 for payments into miscellaneous receipts for 
the expenses of the Department of the Treasury.

             Occupational Safety and Health Administration

                         salaries and expenses

    For necessary expenses for the Occupational Safety and Health 
Administration, $463,324,000, including not to exceed $93,263,000 which 
shall be the maximum amount available for grants to States under 
section 23(g) of the Occupational Safety and Health Act (the ``Act''), 
which grants shall be no less than 50 percent of the costs of State 
occupational safety and health programs required to be incurred under 
plans approved by the Secretary under section 18 of the Act; and, in 
addition, notwithstanding 31 U.S.C. 3302, the Occupational Safety and 
Health Administration may retain up to $750,000 per fiscal year of 
training institute course tuition fees, otherwise authorized by law to 
be collected, and may utilize such sums for occupational safety and 
health training and education grants: Provided, That, notwithstanding 
31 U.S.C. 3302, the Secretary of Labor is authorized, during the fiscal 
year ending September 30, 2004, to collect and retain fees for services 
provided to Nationally Recognized Testing Laboratories, and may utilize 
such sums, in accordance with the provisions of 29 U.S.C. 9a, to 
administer national and international laboratory recognition programs 
that ensure the safety of equipment and products used by workers in the 
workplace: Provided further, That none of the funds appropriated under 
this paragraph shall be obligated or expended to prescribe, issue, 
administer, or enforce any standard, rule, regulation, or order under 
the Act which is applicable to any person who is engaged in a farming 
operation which does not maintain a temporary labor camp and employs 10 
or fewer employees: Provided further, That no funds appropriated under 
this paragraph shall be obligated or expended to administer or enforce 
any standard, rule, regulation, or order under the Act with respect to 
any employer of 10 or fewer employees who is included within a category 
having an occupational injury lost workday case rate, at the most 
precise Standard Industrial Classification Code for which such data are 
published, less than the national average rate as such rates are most 
recently published by the Secretary, acting through the Bureau of Labor 
Statistics, in accordance with section 24 of that Act (29 U.S.C. 673), 
except--
            (1) to provide, as authorized by such Act, consultation, 
        technical assistance, educational and training services, and to 
        conduct surveys and studies;
            (2) to conduct an inspection or investigation in response 
        to an employee complaint, to issue a citation for violations 
        found during such inspection, and to assess a penalty for 
        violations which are not corrected within a reasonable 
        abatement period and for any willful violations found;
            (3) to take any action authorized by such Act with respect 
        to imminent dangers;
            (4) to take any action authorized by such Act with respect 
        to health hazards;
            (5) to take any action authorized by such Act with respect 
        to a report of an employment accident which is fatal to one or 
        more employees or which results in hospitalization of two or 
        more employees, and to take any action pursuant to such 
        investigation authorized by such Act; and
            (6) to take any action authorized by such Act with respect 
        to complaints of discrimination against employees for 
        exercising rights under such Act:
Provided further, That the foregoing proviso shall not apply to any 
person who is engaged in a farming operation which does not maintain a 
temporary labor camp and employs 10 or fewer employees: Provided 
further, That not less than $3,200,000 shall be used to extend funding 
for the Institutional Competency Building training grants which 
commenced in September 2000, for program activities for the period of 
September 30, 2003 to September 30, 2004, provided that a grantee has 
demonstrated satisfactory performance.

                 Mine Safety and Health Administration

                         salaries and expenses

    For necessary expenses for the Mine Safety and Health 
Administration, $270,711,000, including purchase and bestowal of 
certificates and trophies in connection with mine rescue and first-aid 
work, and the hire of passenger motor vehicles; including up to 
$2,000,000 for mine rescue and recovery activities; in addition, not to 
exceed $750,000 may be collected by the National Mine Health and Safety 
Academy for room, board, tuition, and the sale of training materials, 
otherwise authorized by law to be collected, to be available for mine 
safety and health education and training activities, notwithstanding 31 
U.S.C. 3302; and, in addition, the Mine Safety and Health 
Administration may retain up to $1,000,000 from fees collected for the 
approval and certification of equipment, materials, and explosives for 
use in mines, and may utilize such sums for such activities; the 
Secretary is authorized to accept lands, buildings, equipment, and 
other contributions from public and private sources and to prosecute 
projects in cooperation with other agencies, Federal, State, or 
private; the Mine Safety and Health Administration is authorized to 
promote health and safety education and training in the mining 
community through cooperative programs with States, industry, and 
safety associations; and any funds available to the department may be 
used, with the approval of the Secretary, to provide for the costs of 
mine rescue and survival operations in the event of a major disaster.

                       Bureau of Labor Statistics

                         salaries and expenses

    For necessary expenses for the Bureau of Labor Statistics, 
including advances or reimbursements to State, Federal, and local 
agencies and their employees for services rendered, $445,113,000, 
together with not to exceed $75,110,000, which may be expended from the 
Employment Security Administration Account in the Unemployment Trust 
Fund, of which $5,000,000 may be used to fund the mass layoff 
statistics program under section 15 of the Wagner-Peyser Act (29 U.S.C. 
49l-2).

                 Office of Disability Employment Policy

                         salaries and expenses

    For necessary expenses for the Office of Disability Employment 
Policy to provide leadership, develop policy and initiatives, and award 
grants furthering the objective of eliminating barriers to the training 
and employment of people with disabilities, $47,333,000.

                        Departmental Management

                         salaries and expenses

    For necessary expenses for Departmental Management, including the 
hire of three sedans, and including the management or operation, 
through contracts, grants or other arrangements of Departmental 
activities conducted by or through the Bureau of International Labor 
Affairs, including bilateral and multilateral technical assistance and 
other international labor activities, and $48,565,000, for the 
acquisition of Departmental information technology, architecture, 
infrastructure, equipment, software and related needs which will be 
allocated by the Department's Chief Information Officer in accordance 
with the Department's capital investment management process to assure a 
sound investment strategy; $351,295,000; together with not to exceed 
$314,000, which may be expended from the Employment Security 
Administration Account in the Unemployment Trust Fund: Provided, That 
no funds made available by this Act may be used by the Solicitor of 
Labor to participate in a review in any United States court of appeals 
of any decision made by the Benefits Review Board under section 21 of 
the Longshore and Harbor Workers' Compensation Act (33 U.S.C. 921) 
where such participation is precluded by the decision of the United 
States Supreme Court in Director, Office of Workers' Compensation 
Programs v. Newport News Shipbuilding, 115 S. Ct. 1278 (1995), 
notwithstanding any provisions to the contrary contained in Rule 15 of 
the Federal Rules of Appellate Procedure: Provided further, That no 
funds made available by this Act may be used by the Secretary of Labor 
to review a decision under the Longshore and Harbor Workers' 
Compensation Act (33 U.S.C. 901 et seq.) that has been appealed and 
that has been pending before the Benefits Review Board for more than 12 
months: Provided further, That any such decision pending a review by 
the Benefits Review Board for more than 1 year shall be considered 
affirmed by the Benefits Review Board on the 1-year anniversary of the 
filing of the appeal, and shall be considered the final order of the 
Board for purposes of obtaining a review in the United States courts of 
appeals: Provided further, That these provisions shall not be 
applicable to the review or appeal of any decision issued under the 
Black Lung Benefits Act (30 U.S.C. 901 et seq.): Provided further, That 
of this amount, sufficient funds shall be available for the Secretary 
of Labor, not later than 60 days after the last day of the fiscal year, 
may submit to Congress a report on the amount of acquisitions made by 
the Department of Labor during such fiscal year of articles, materials, 
or supplies that were manufactured outside the United States. Such 
report shall separately indicate the dollar value of any articles, 
materials, or supplies purchased by the Department of Labor that were 
manufactured outside the United States, an itemized list of all waivers 
under the Buy American Act (41 U.S.C. 10a et seq.) that were granted 
with respect to such articles, materials, or supplies, and a summary of 
total procurement funds spent on goods manufactured in the United 
States versus funds spent on goods manufactured outside of the United 
States. The Secretary of Labor shall make the report publicly available 
by posting the report on an Internet website.

                    veterans employment and training

    Not to exceed $193,443,000 may be derived from the Employment 
Security Administration Account in the Unemployment Trust Fund to carry 
out the provisions of 38 U.S.C. 4100-4012, 4211-4215, and 4321-4327, 
and Public Law 103-353, and which shall be available for obligation by 
the States through December 31, 2004, of which $2,000,000 is for the 
National Veterans' Employment and Training Services Institute. To carry 
out the Homeless Veterans Reintegration Programs (38 U.S.C. 2021) and 
the Veterans Workforce Investment Programs (29 U.S.C. 2913), 
$26,550,000, of which $7,550,000 shall be available for obligation for 
the period July 1, 2004 through June 30, 2005.

                      office of inspector general

    For salaries and expenses of the Office of Inspector General in 
carrying out the provisions of the Inspector General Act of 1978, as 
amended, $59,291,000, together with not to exceed $5,561,000, which may 
be expended from the Employment Security Administration Account in the 
Unemployment Trust Fund.

                          working capital fund

    For the acquisition of a new core accounting system for the 
Department of Labor, including hardware and software infrastructure and 
the costs associated with implementation thereof, $9,700,000.

                           GENERAL PROVISIONS

    Sec. 101. None of the funds appropriated in this title for the Job 
Corps shall be used to pay the compensation of an individual, either as 
direct costs or any proration as an indirect cost, at a rate in excess 
of Executive Level II.

                          (transfer of funds)

    Sec. 102. Not to exceed 1 percent of any discretionary funds 
(pursuant to the Balanced Budget and Emergency Deficit Control Act of 
1985, as amended) which are appropriated for the current fiscal year 
for the Department of Labor in this Act may be transferred between 
appropriations, but no such appropriation shall be increased by more 
than 3 percent by any such transfer: Provided, That the Appropriations 
Committees of both Houses of Congress are notified at least 15 days in 
advance of any transfer.
    Sec. 103. In accordance with Executive Order No. 13126, none of the 
funds appropriated or otherwise made available pursuant to this Act 
shall be obligated or expended for the procurement of goods mined, 
produced, manufactured, or harvested or services rendered, whole or in 
part, by forced or indentured child labor in industries and host 
countries already identified by the United States Department of Labor 
prior to enactment of this Act.
    Sec. 104. There is authorized to be appropriated such sums as may 
be necessary to the Denali Commission through the Department of Labor 
to conduct job training of the local workforce where Denali Commission 
projects will be constructed.
    Sec. 105. Of the funds appropriated for fiscal year 1999 under 
section 403(a)(5)(H)(i)(II) of the Social Security Act (42 U.S.C. 
603(a)(5)(H)(i)(II)) that were allotted as welfare to work formula 
grants to the States under section 403(a)(5)(A) of such Act (42 U.S.C. 
603(a)(5)(A)), $210,833,000 is hereby rescinded. In order to carry out 
this section, the Secretary of Labor shall recapture unexpended funds 
from the States that have received such allotments based on the 
relative amount of funds from such allotments that remain unexpended in 
each State as compared to the total amount of funds from such 
allotments that remain unexpended in all States as of September 30, 
2003. The Secretary of Labor is authorized to establish such procedures 
as the Secretary determines are appropriate to carry out this section.
    Sec. 106. None of the funds provided under this Act shall be used 
to promulgate or implement any regulation that exempts from the 
requirements of section 7 of the Fair Labor Standards Act of 1938 (29 
U.S.C. 207) any employee who is not otherwise exempted pursuant to 
regulations under section 13 of such Act (29 U.S.C. 213) that were in 
effect as of September 3, 2003.
    Sec. 107. The Department of Labor may cease the implementation of 
closing procedures for the Department of Labor Employment and Training 
Administration regional office in New York City, New York, and the 
Employment and Training Administration affiliate offices in Seattle, 
Washington, Kansas City, Missouri, and Denver, Colorado until September 
30, 2004.
    Sec. 108. (a) Findings.--Congress finds that--
            (1) it is projected that the Department of Labor, in 
        conjunction with labor, industry, and the National Institute 
        for Occupational Safety and Health, will be undertaking several 
        months of testing on Personal Dust Monitor production 
        prototypes; and
            (2) the testing of Personal Dust Monitor prototypes is set 
        to begin (by late May or early June of 2004) following the 
        scheduled delivery of the Personal Dust Monitors in May 2004.
    (b) Re-proposal of Rule.--Following the successful demonstration of 
Personal Dust Monitor technology, and if the Secretary of Labor makes a 
determination that Personal Dust Monitors can be effectively applied in 
a regulatory scheme, the Secretary of Labor shall re-propose a rule on 
respirable coal dust which incorporates the use of Personal Dust 
Monitors, and, if such rule is re-proposed, the Secretary shall comply 
with the regular procedures applicable to Federal rulemaking.
    This title may be cited as the ``Department of Labor Appropriations 
Act, 2004''.

           TITLE II--DEPARTMENT OF HEALTH AND HUMAN SERVICES

              Health Resources and Services Administration

                     health resources and services

    For carrying out titles II, III, IV, VII, VIII, X, XII, XIX, and 
XXVI of the Public Health Service Act, section 427(a) of the Federal 
Coal Mine Health and Safety Act, title V (including section 510), and 
sections 1128E and 1820 of the Social Security Act, the Health Care 
Quality Improvement Act of 1986, as amended, the Native Hawaiian Health 
Care Act of 1988, as amended, the Cardiac Arrest Survival Act of 2000, 
and the Poison Control Center Enhancement and Awareness Act, 
$5,881,322,000, of which $39,740,000 from general revenues, 
notwithstanding section 1820(j) of the Social Security Act, shall be 
available for carrying out the Medicare rural hospital flexibility 
grants program under section 1820 of such Act: Provided, That of the 
funds made available under this heading, $250,000 shall be available 
until expended for facilities renovations at the Gillis W. Long 
Hansen's Disease Center: Provided further, That in addition to fees 
authorized by section 427(b) of the Health Care Quality Improvement Act 
of 1986, fees shall be collected for the full disclosure of information 
under the Act sufficient to recover the full costs of operating the 
National Practitioner Data Bank, and shall remain available until 
expended to carry out that Act: Provided further, That fees collected 
for the full disclosure of information under the ``Health Care Fraud 
and Abuse Data Collection Program'', authorized by section 1128E(d)(2) 
of the Social Security Act, shall be sufficient to recover the full 
costs of operating the program, and shall remain available until 
expended to carry out that Act: Provided further, that no more than 
$10,000,000 is available for carrying out the provisions of U.S.C. 
Title 42 Section 233(o) including associated administrative expenses: 
Provided further, That $10,000,000 is to establish a National Cord 
Blood Stem Cell Bank Program: Provided further, That no more than 
$45,000,000 is available for carrying out the provisions of Public Law 
104-73: Provided further, That of the funds made available under this 
heading, $283,350,000 shall be for the program under title X of the 
Public Health Service Act to provide for voluntary family planning 
projects: Provided further, That amounts provided to said projects 
under such title shall not be expended for abortions, that all 
pregnancy counseling shall be nondirective, and that such amounts shall 
not be expended for any activity (including the publication or 
distribution of literature) that in any way tends to promote public 
support or opposition to any legislative proposal or candidate for 
public office: Provided further, That $739,000,000 shall be for State 
AIDS Drug Assistance Programs authorized by section 2616 of the Public 
Health Service Act: Provided further, That in addition to amounts 
provided herein, $25,000,000 shall be available from amounts available 
under section 241 of the Public Health Service Act to carry out Parts 
A, B, C, and D of title XXVI of the Public Health Service Act to fund 
section 2691 Special Projects of National Significance: Provided 
further, That notwithstanding section 502(a)(1) of the Social Security 
Act, not to exceed $116,381,000 is available for carrying out special 
projects of regional and national significance pursuant to section 
501(a)(2) of such Act: Provided further, That $73,044,000 is available 
for special projects of regional and national significance under 
section 501(a)(2) of the Social Security Act, which shall not be 
counted toward compliance with the allocation required in section 
502(a)(1) of such Act, and which shall be used only for making 
competitive grants to provide abstinence education (as defined in 
section 510(b)(2) of such Act) to adolescents and for evaluations 
(including longitudinal evaluations) of activities under the grants and 
for Federal costs of administering the grants: Provided further, That 
grants under the immediately preceding proviso shall be made only to 
public and private entities which agree that, with respect to an 
adolescent to whom the entities provide abstinence education under such 
grant, the entities will not provide to that adolescent any other 
education regarding sexual conduct, except that, in the case of an 
entity expressly required by law to provide health information or 
services the adolescent shall not be precluded from seeking health 
information or services from the entity in a different setting than the 
setting in which the abstinence education was provided: Provided 
further, That the funds expended for such evaluations may not exceed 
3.5 percent of such amount: Provided further, That up to $1,000,000 may 
be made available to carry out the rural emergency medical service 
training and equipment assistance program under section 330J of the 
Public Health Service Act (42 U.S.C. 254c-15).

           health education assistance loans program account

    Such sums as may be necessary to carry out the purpose of the 
program, as authorized by title VII of the Public Health Service Act, 
as amended. For administrative expenses to carry out the guaranteed 
loan program, including section 709 of the Public Health Service Act, 
$3,389,000.

             vaccine injury compensation program trust fund

    For payments from the Vaccine Injury Compensation Program Trust 
Fund, such sums as may be necessary for claims associated with vaccine-
related injury or death with respect to vaccines administered after 
September 30, 1988, pursuant to subtitle 2 of title XXI of the Public 
Health Service Act, to remain available until expended: Provided, That 
for necessary administrative expenses, not to exceed $2,972,000 shall 
be available from the Trust Fund to the Secretary of Health and Human 
Services.

               Centers for Disease Control and Prevention

                disease control, research, and training

    To carry out titles II, III, VII, XI, XV, XVII, XIX, XXI, and XXVI 
of the Public Health Service Act, sections 101, 102, 103, 201, 202, 
203, 301, and 501 of the Federal Mine Safety and Health Act of 1977, 
sections 20, 21, and 22 of the Occupational Safety and Health Act of 
1970, title IV of the Immigration and Nationality Act, and section 501 
of the Refugee Education Assistance Act of 1980; including purchase and 
insurance of official motor vehicles in foreign countries; and 
purchase, hire, maintenance, and operation of aircraft, $4,432,496,000, 
of which $260,000,000 shall remain available until expended for 
equipment, and construction and renovation of facilities, and of which 
$232,569,000 for international HIV/AIDS shall remain available until 
September 30, 2005, including up to $90,000,000, to remain available 
until expended for the ``International Mother and Child HIV Prevention 
Initiative.'' In addition, such sums as may be derived from authorized 
user fees, which shall be credited to this account: Provided, That in 
addition to amounts provided herein, $14,000,000 shall be available 
from amounts available under section 241 of the Public Health Service 
Act to carry out the National Immunization Surveys: Provided further, 
That in addition to amounts provided herein, $127,634,000 shall be 
available from amounts available under section 241 of the Public Health 
Service Act to carry out the National Center for Health Statistics 
surveys: Provided further, That none of the funds made available for 
injury prevention and control at the Centers for Disease Control and 
Prevention may be used, in whole or in part, to advocate or promote gun 
control: Provided further, That in addition to amounts provided herein, 
$28,600,000 shall be available from amounts available under section 241 
of the Public Health Service Act to carry out information systems 
standards development and architecture and applications-based research 
used at local public health levels: Provided further, That in addition 
to amounts provided herein, $41,900,000 shall be available from amounts 
available under section 241 of the Public Health Service Act to carry 
out Research Tools and Approaches activities within the National 
Occupational Research Agenda: Provided further, That the Director may 
redirect the total amount made available under authority of Public Law 
101-502, section 3, dated November 3, 1990, to activities the Director 
may so designate: Provided further, That the Congress is to be notified 
promptly of any such transfer: Provided further, That not to exceed 
$12,500,000 may be available for making grants under section 1509 of 
the Public Health Service Act to not more than 15 States: Provided 
further, That without regard to existing statute, funds appropriated 
may be used to proceed, at the discretion of the Centers for Disease 
Control and Prevention, with property acquisition, including a long-
term ground lease for construction on non-Federal land, to support the 
construction of a replacement laboratory in the Fort Collins, Colorado 
area: Provided further, That notwithstanding any other provision of 
law, a single contract or related contracts for development and 
construction of facilities may be employed which collectively include 
the full scope of the project: Provided further, That the solicitation 
and contract shall contain the clause ``availability of funds'' found 
at 48 CFR 52.232-18.

                     National Institutes of Health

                       national cancer institute

    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to cancer, $4,770,519,000.

               national heart, lung, and blood institute

    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to cardiovascular, lung, and blood diseases, 
and blood and blood products, $2,897,595,000.

         national institute of dental and craniofacial research

    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to dental disease, $386,396,000.

    national institute of diabetes and digestive and kidney diseases

    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to diabetes and digestive and kidney disease, 
$1,683,007,000.

        national institute of neurological disorders and stroke

    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to neurological disorders and stroke, 
$1,510,926,000.

         national institute of allergy and infectious diseases

                     (including transfer of funds)

    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to allergy and infectious diseases, 
$4,335,255,000: Provided, That $150,000,000 may be made available to 
International Assistance Programs, ``Global Fund to Fight HIV/AIDS, 
Malaria, and Tuberculosis'', to remain available until expended.

             national institute of general medical sciences

    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to general medical sciences, $1,917,033,000.

        national institute of child health and human development

    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to child health and human development, 
$1,251,185,000.

                         national eye institute

    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to eye diseases and visual disorders, 
$657,199,000.

          national institute of environmental health sciences

    For carrying out sections 301 and 311 and title IV of the Public 
Health Service Act with respect to environmental health sciences, 
$637,074,000.

                      national institute on aging

    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to aging, $1,031,411,000.

 national institute of arthritis and musculoskeletal and skin diseases

    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to arthritis and musculoskeletal and skin 
diseases, $505,000,000.

    national institute on deafness and other communication disorders

    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to deafness and other communication disorders, 
$384,577,000.

                 national institute of nursing research

    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to nursing research, $135,579,000.

           national institute on alcohol abuse and alcoholism

    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to alcohol abuse and alcoholism, $431,521,000.

                    national institute on drug abuse

    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to drug abuse, $997,614,000.

                  national institute of mental health

    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to mental health, $1,391,114,000.

                national human genome research institute

    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to human genome research, $482,372,000.

      national institute of biomedical imaging and bioengineering

    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to biomedical imaging and bioengineering 
research, $289,300,000.

                 national center for research resources

    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to research resources and general research 
support grants, $1,186,483,000: Provided, That none of these funds 
shall be used to pay recipients of the general research support grants 
program any amount for indirect expenses in connection with such 
grants: Provided further, That $119,220,000 shall be for extramural 
facilities construction grants.

       national center for complementary and alternative medicine

    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to complementary and alternative medicine, 
$117,902,000.

       national center on minority health and health disparities

    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to minority health and health disparities 
research, $192,824,000.

                  john e. fogarty international center

    For carrying out the activities at the John E. Fogarty 
International Center, $65,900,000.

                      national library of medicine

    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to health information communications, 
$311,835,000, of which $4,000,000 shall be available until expended for 
improvement of information systems: Provided, That in fiscal year 2004, 
the Library may enter into personal services contracts for the 
provision of services in facilities owned, operated, or constructed 
under the jurisdiction of the National Institutes of Health: Provided 
further, That in addition to amounts provided herein, $8,200,000 shall 
be available from amounts available under section 241 of the Public 
Health Service Act to carry out National Information Center on Health 
Services Research and Health Care Technology and related health 
services.

                         office of the director

                     (including transfer of funds)

    For carrying out the responsibilities of the Office of the 
Director, National Institutes of Health, $323,483,000: Provided, That 
funding shall be available for the purchase of not to exceed 29 
passenger motor vehicles for replacement only: Provided further, That 
the Director may direct up to 1 percent of the total amount made 
available in this or any other Act to all National Institutes of Health 
appropriations to activities the Director may so designate: Provided 
further, That no such appropriation shall be decreased by more than 1 
percent by any such transfers and that the Congress is promptly 
notified of the transfer: Provided further, That the National 
Institutes of Health is authorized to collect third party payments for 
the cost of clinical services that are incurred in National Institutes 
of Health research facilities and that such payments shall be credited 
to the National Institutes of Health Management Fund: Provided further, 
That all funds credited to the National Institutes of Health Management 
Fund shall remain available for 1 fiscal year after the fiscal year in 
which they are deposited: Provided further, That up to $497,000 shall 
be available to carry out section 499 of the Public Health Service Act.

                        buildings and facilities

                     (including transfer of funds)

    For the study of, construction of, renovation of, and acquisition 
of equipment for, facilities of or used by the National Institutes of 
Health, including the acquisition of real property, $89,500,000, to 
remain available until expended: Provided, That notwithstanding any 
other provision of law, single contracts or related contracts, which 
collectively include the full scope of the project, may be employed for 
the development and construction of the first and second phases of the 
John Edward Porter Neuroscience Research Center: Provided further, That 
the solicitations and contracts shall contain the clause ``availability 
of funds'' found at 48 CFR 52.232-18.

       Substance Abuse and Mental Health Services Administration

               substance abuse and mental health services

    For carrying out titles V and XIX of the Public Health Service Act 
with respect to substance abuse and mental health services, the 
Protection and Advocacy for Mentally Ill Individuals Act of 1986, and 
section 301 of the Public Health Service Act with respect to program 
management, $3,157,540,000: Provided, That in addition to amounts 
provided herein, $79,200,000 shall be available from amounts available 
under section 241 of the Public Health Service Act to carry out subpart 
II of title XIX of the Public Health Service Act to fund section 
1935(b) technical assistance, national data, data collection and 
evaluation activities, and further that the total available under this 
Act for section 1935(b) activities shall not exceed 5 percent of the 
amounts appropriated for subpart II of title XIX: Provided further, 
That in addition to the amounts provided herein, $21,850,000 shall be 
available from amounts available under Section 241 of the Public Health 
Service Act to carry out subpart I of Part B of title XIX of the Public 
Health Service Act to fund section 1920(b) technical assistance, data 
collection and program evaluation activities, and further that the 
total available under this Act for section 1920(b) activities shall not 
exceed 5 percent of the amounts appropriated for subpart I of Part B of 
Title XIX: Provided further, That in addition to amounts provided 
herein, $16,000,000 shall be made available from amounts available 
under section 241 of the Public Health Service Act to carry out 
national surveys on drug abuse.

               Agency for Healthcare Research and Quality

                    healthcare research and quality

    For carrying out titles III and IX of the Public Health Service 
Act, and part A of title XI of the Social Security Act, amounts 
received from Freedom of Information Act fees, reimbursable and 
interagency agreements, and the sale of data shall be credited to this 
appropriation and shall remain available until expended: Provided, That 
the amount made available pursuant to section 927(c) of the Public 
Health Service Act shall not exceed $303,695,000.

               Centers for Medicare and Medicaid Services

                     grants to states for medicaid

    For carrying out, except as otherwise provided, titles XI and XIX 
of the Social Security Act, $124,892,197,000, to remain available until 
expended.
    For making, after May 31, 2004, payments to States under title XIX 
of the Social Security Act for the last quarter of fiscal year 2004 for 
unanticipated costs, incurred for the current fiscal year, such sums as 
may be necessary.
    For making payments to States or in the case of section 1928 on 
behalf of States under title XIX of the Social Security Act for the 
first quarter of fiscal year 2005, $58,416,275,000, to remain available 
until expended.
    Payment under title XIX may be made for any quarter with respect to 
a State plan or plan amendment in effect during such quarter, if 
submitted in or prior to such quarter and approved in that or any 
subsequent quarter.

                  payments to health care trust funds

    For payment to the Federal Hospital Insurance and the Federal 
Supplementary Medical Insurance Trust Funds, as provided under section 
1844 of the Social Security Act, sections 103(c) and 111(d) of the 
Social Security Amendments of 1965, section 278(d) of Public Law 97-
248, and for administrative expenses incurred pursuant to section 
201(g) of the Social Security Act, $95,084,100,000.

                           program management

    For carrying out, except as otherwise provided, titles XI, XVIII, 
XIX, and XXI of the Social Security Act, titles XIII and XXVII of the 
Public Health Service Act, and the Clinical Laboratory Improvement 
Amendments of 1988, not to exceed $2,707,603,000, to be transferred 
from the Federal Hospital Insurance and the Federal Supplementary 
Medical Insurance Trust Funds, as authorized by section 201(g) of the 
Social Security Act; together with all funds collected in accordance 
with section 353 of the Public Health Service Act and section 
1857(e)(2) of the Social Security Act, and such sums as may be 
collected from authorized user fees and the sale of data, which shall 
remain available until expended, and together with administrative fees 
collected relative to Medicare overpayment recovery activities, which 
shall remain available until expended: Provided, That all funds derived 
in accordance with 31 U.S.C. 9701 from organizations established under 
title XIII of the Public Health Service Act shall be credited to and 
available for carrying out the purposes of this appropriation: Provided 
further, That $30,000,000, to remain available until September 30, 
2005, is for contract costs for CMS's Systems Revitalization Plan: 
Provided further, That $56,991,000, to remain available until September 
30, 2005, is for contract costs for the Healthcare Integrated General 
Ledger Accounting System: Provided further, That the Secretary of 
Health and Human Services is directed to collect fees in fiscal year 
2004 from Medicare+Choice organizations pursuant to section 1857(e)(2) 
of the Social Security Act and from eligible organizations with risk-
sharing contracts under section 1876 of that Act pursuant to section 
1876(k)(4)(D) of that Act: Provided further, that to the extent 
Medicare claims processing unit costs are projected by the Centers for 
Medicare & Medicaid Services to exceed $0.87 for Part A claims and/or 
$0.65 for Part B claims, up to an additional $18,000,000 may be 
available for obligation for every $0.04 increase in Medicare claims 
processing unit costs from the Federal Hospital Insurance and the 
Federal Supplementary Medical Insurance Trust Funds. The calculation of 
projected unit costs shall be derived in the same manner in which the 
estimated unit costs were calculated for the Federal budget estimate 
for the fiscal year

      health maintenance organization loan and loan guarantee fund

    For carrying out subsections (d) and (e) of section 1308 of the 
Public Health Service Act, any amounts received by the Secretary in 
connection with loans and loan guarantees under title XIII of the 
Public Health Service Act, to be available without fiscal year 
limitation for the payment of outstanding obligations. During fiscal 
year 2004, no commitments for direct loans or loan guarantees shall be 
made.

                Administration for Children and Families

  payments to states for child support enforcement and family support 
                                programs

    For making payments to States or other non-Federal entities under 
titles I, IV-D, X, XI, XIV, and XVI of the Social Security Act and the 
Act of July 5, 1960 (24 U.S.C. ch. 9), $3,292,270,000, to remain 
available until expended; and for such purposes for the first quarter 
of fiscal year 2005, $1,200,000,000, to remain available until 
expended.
    For making payments to each State for carrying out the program of 
Aid to Families with Dependent Children under title IV-A of the Social 
Security Act before the effective date of the program of Temporary 
Assistance for Needy Families (TANF) with respect to such State, such 
sums as may be necessary: Provided, That the sum of the amounts 
available to a State with respect to expenditures under such title IV-A 
in fiscal year 1997 under this appropriation and under such title IV-A 
as amended by the Personal Responsibility and Work Opportunity 
Reconciliation Act of 1996 shall not exceed the limitations under 
section 116(b) of such Act.
    For making, after May 31 of the current fiscal year, payments to 
States or other non-Federal entities under titles I, IV-D, X, XI, XIV, 
and XVI of the Social Security Act and the Act of July 5, 1960 (24 
U.S.C. ch. 9), for the last 3 months of the current fiscal year for 
unanticipated costs, incurred for the current fiscal year, such sums as 
may be necessary.

                   low income home energy assistance

    For making payments under title XXVI of the Omnibus Budget 
Reconciliation Act of 1981, $2,000,000,000.

                     refugee and entrant assistance

    For making payments for refugee and entrant assistance activities 
authorized by title IV of the Immigration and Nationality Act and 
section 501 of the Refugee Education Assistance Act of 1980 (Public Law 
96-422), $383,894,000: Provided, That funds appropriated pursuant to 
section 414(a) of the Immigration and Nationality Act for fiscal year 
2004 shall be available for the costs of assistance provided and other 
activities through September 30, 2006: Provided further, That up to 
$9,935,000 is available to carry out the Trafficking Victims Protection 
Act of 2000.
    For carrying out section 5 of the Torture Victims Relief Act of 
1998 (Public Law 105-320), $9,935,000. For carrying out section 462 of 
the Homeland Security Act of 2002, (Public Law 107-296), $34,227,000.

   payments to states for the child care and development block grant

    For carrying out sections 658A through 658R of the Omnibus Budget 
Reconciliation Act of 1981 (The Child Care and Development Block Grant 
Act of 1990), $2,099,729,000 shall be used to supplement, not supplant 
State general revenue funds for child care assistance for low-income 
families: Provided, That $19,120,000 shall be available for child care 
resource and referral and school-aged child care activities, of which 
$1,000,000 shall be for the Child Care Aware toll free hotline: 
Provided further, That, in addition to the amounts required to be 
reserved by the States under section 658G, $272,672,000 shall be 
reserved by the States for activities authorized under section 658G, of 
which $100,000,000 shall be for activities that improve the quality of 
infant and toddler care: Provided further, That $10,000,000 shall be 
for use by the Secretary for child care research, demonstration, and 
evaluation activities.

                      social services block grant

    For making grants to States pursuant to section 2002 of the Social 
Security Act, $1,700,000,000.

                children and families services programs

    For carrying out, except as otherwise provided, the Runaway and 
Homeless Youth Act, the Developmental Disabilities Assistance and Bill 
of Rights Act, the Head Start Act, the Child Abuse Prevention and 
Treatment Act, sections 310 and 316 of the Family Violence Prevention 
and Services Act, as amended, the Native American Programs Act of 1974, 
title II of Public Law 95-266 (adoption opportunities), the Adoption 
and Safe Families Act of 1997 (Public Law 105-89), sections 1201 and 
1211 of the Children's Health Act of 2000, the Abandoned Infants 
Assistance Act of 1988, sections 261 and 291 of the Help America Vote 
Act of 2002, the Early Learning Opportunities Act, part B(1) of title 
IV and sections 413, 429A, 1110, and 1115 of the Social Security Act, 
and sections 40155, 40211, and 40241 of Public Law 103-322; for making 
payments under the Community Services Block Grant Act, sections 439(h), 
473A, and 477(i) of the Social Security Act, and title IV of Public Law 
105-285, and for necessary administrative expenses to carry out said 
Acts and titles I, IV, X, XI, XIV, XVI, and XX of the Social Security 
Act, the Act of July 5, 1960 (24 U.S.C. ch. 9), the Omnibus Budget 
Reconciliation Act of 1981, title IV of the Immigration and Nationality 
Act, section 501 of the Refugee Education Assistance Act of 1980, 
section 5 of the Torture Victims Relief Act of 1998 (Public Law 105-
320), sections 40155, 40211, and 40241 of Public Law 103-322, and 
section 126 and titles IV and V of Public Law 100-485, $8,780,002,000, 
of which $42,720,000, to remain available until September 30, 2005, 
shall be for grants to States for adoption incentive payments, as 
authorized by section 473A of title IV of the Social Security Act (42 
U.S.C. 670-679) and may be made for adoptions completed before 
September 30, 2004; of which $6,815,570,000 shall be for making 
payments under the Head Start Act, of which $1,400,000,000 shall become 
available October 1, 2004 and remain available through September 30, 
2005; and of which $717,620,000 shall be for making payments under the 
Community Services Block Grant Act: Provided, That not less than 
$7,203,000 shall be for section 680(3)(B) of the Community Services 
Block Grant Act, as amended: Provided further, That in addition to 
amounts provided herein, $6,000,000 shall be available from amounts 
available under section 241 of the Public Health Service Act to carry 
out the provisions of section 1110 of the Social Security Act: Provided 
further, That to the extent Community Services Block Grant funds are 
distributed as grant funds by a State to an eligible entity as provided 
under the Act, and have not been expended by such entity, they shall 
remain with such entity for carryover into the next fiscal year for 
expenditure by such entity consistent with program purposes: Provided 
further, That the Secretary shall establish procedures regarding the 
disposition of intangible property which permits grant funds, or 
intangible assets acquired with funds authorized under section 680 of 
the Community Services Block Grant Act, as amended, to become the sole 
property of such grantees after a period of not more than 12 years 
after the end of the grant for purposes and uses consistent with the 
original grant: Provided further, That funds appropriated for section 
680(a)(2) of the Community Services Block Grant Act, as amended, shall 
be available for financing construction and rehabilitation and loans or 
investments in private business enterprises owned by community 
development corporations: Provided further, That $89,978,000 shall be 
for activities authorized by the Runaway and Homeless Youth Act, 
notwithstanding the allocation requirements of section 388(a) of such 
Act, of which $40,505,000 is for the transitional living program: 
Provided further, That $34,772,000 is for a compassion capital fund to 
provide grants to charitable organizations to emulate model social 
service programs and to encourage research on the best practices of 
social service organizations: Provided further, That $15,000,000 shall 
be for activities authorized by the Help America Vote Act of 2002, of 
which $10,000,000 shall be for payments to States to promote disabled 
voter access, and of which $5,000,000 shall be for payments to States 
for disabled voters protection and advocacy systems.

                   promoting safe and stable families

    For carrying out section 436 of the Social Security Act, 
$305,000,000 and for section 437, $99,350,000.

       payments to states for foster care and adoption assistance

    For making payments to States or other non-Federal entities under 
title IV-E of the Social Security Act, $5,068,300,000.
    For making payments to States or other non-Federal entities under 
title IV-E of the Act, for the first quarter of fiscal year 2005, 
$1,767,700,000.
    For making, after May 31 of the current fiscal year, payments to 
States or other non-Federal entities under section 474 of title IV-E, 
for the last 3 months of the current fiscal year for unanticipated 
costs, incurred for the current fiscal year, such sums as may be 
necessary.

                        Administration on Aging

                        aging services programs

    For carrying out, to the extent not otherwise provided, the Older 
Americans Act of 1965, as amended, and section 398 of the Public Health 
Service Act, $1,360,193,000, of which $5,500,000 shall be available for 
activities regarding medication management, screening, and education to 
prevent incorrect medication and adverse drug reactions; and of which 
$2,842,000 shall remain available until September 30, 2006, for the 
White House Conference on Aging.

                        Office of the Secretary

                    general departmental management

    For necessary expenses, not otherwise provided, for general 
departmental management, including hire of six sedans, and for carrying 
out titles III, XVII, and XX of the Public Health Service Act, and the 
United States-Mexico Border Health Commission Act, $342,808,000, 
together with $5,851,000 to be transferred and expended as authorized 
by section 201(g)(1) of the Social Security Act from the Hospital 
Insurance Trust Fund and the Supplemental Medical Insurance Trust Fund: 
Provided, That of the funds made available under this heading for 
carrying out title XX of the Public Health Service Act, $11,885,000 
shall be for activities specified under section 2003(b)(2), of which 
$10,157,000 shall be for prevention service demonstration grants under 
section 510(b)(2) of title V of the Social Security Act, as amended, 
without application of the limitation of section 2010(c) of said title 
XX: Provided further, That of this amount, $50,000,000 is for minority 
AIDS prevention and treatment activities; and $15,000,000 shall be for 
an Information Technology Security and Innovation Fund for Department-
wide activities involving cybersecurity, information technology 
security, and related innovation projects, and $5,000,000 is to assist 
Afghanistan in the development of maternal and child health clinics, 
consistent with section 103(a)(4)(H) of the Afghanistan Freedom Support 
Act of 2002: Provided further, That of this amount, $3,000,000 shall be 
made available to carry out section 340G of the Public Health Service 
Act (42 U.S.C. 256g) (in addition to other amounts appropriated under 
this title for such purpose): Provided further, That of this amount, 
sufficient funds shall be available for the Secretary of Health and 
Human Services, not later than 60 days after the last day of the fiscal 
year, to submit to Congress a report on the amount of acquisitions made 
by the Department of Health and Human Services during such fiscal year 
of articles, materials, or supplies that were manufactured outside the 
United States. Such report shall separately indicate the dollar value 
of any articles, materials, or supplies purchased by the Department of 
Health and Human Services that were manufactured outside the United 
States, an itemized list of all waivers under the Buy American Act (41 
U.S.C. 10a et seq.) that were granted with respect to such articles, 
materials, or supplies, and a summary of total procurement funds spent 
on goods manufactured in the United States versus funds spent on goods 
manufactured outside of the United States. The Secretary of Health and 
Human Services shall make the report publicly available by posting the 
report on an Internet website.

                      office of inspector general

    For expenses necessary for the Office of Inspector General in 
carrying out the provisions of the Inspector General Act of 1978, as 
amended, $39,497,000: Provided, That, of such amount, necessary sums 
are available for providing protective services to the Secretary and 
investigating non-payment of child support cases for which non-payment 
is a Federal offense under 18 U.S.C. 228.

                        office for civil rights

    For expenses necessary for the Office for Civil Rights, 
$30,936,000, together with not to exceed $3,314,000 to be transferred 
and expended as authorized by section 201(g)(1) of the Social Security 
Act from the Hospital Insurance Trust Fund and the Supplemental Medical 
Insurance Trust Fund.

                            policy research

    For carrying out, to the extent not otherwise provided, research 
studies under section 1110 of the Social Security Act and title III of 
the Public Health Service Act, $23,499,000, which shall be available 
from amounts available under section 241 of the Public Health Service 
Act to carry out national health or human services research and 
evaluation activities: Provided, That the expenditure of any funds 
available under section 241 of the Public Health Service Act are 
subject to the requirements of section 205 of this Act.

     retirement pay and medical benefits for commissioned officers

    For retirement pay and medical benefits of Public Health Service 
Commissioned Officers as authorized by law, for payments under the 
Retired Serviceman's Family Protection Plan and Survivor Benefit Plan, 
for medical care of dependents and retired personnel under the 
Dependents' Medical Care Act (10 U.S.C. ch. 55 and 56), and for 
payments pursuant to section 229(b) of the Social Security Act (42 
U.S.C. 429(b)), such amounts as may be required during the current 
fiscal year. The following are definitions for the medical benefits of 
the Public Health Service Commissioned Officers that apply to 10 U.S.C. 
chapter 56, section 1116(c). The source of funds for the monthly 
accrual payments into the Department of Defense Medicare-Eligible 
Retiree Health Care Fund shall be the Retirement Pay and Medical 
Benefits for Commissioned Officers account. For purposes of this Act, 
the term ``pay of members'' shall be construed to be synonymous with 
retirement payments to United States Public Health Service officers who 
are retired for age, disability, or length of service; payments to 
survivors of deceased officers; medical care to active duty and retired 
members and dependents and beneficiaries; and for payments to the 
Social Security Administration for military service credits; all of 
which payments are provided for by the Retirement Pay and Medical 
Benefits for Commissioned Officers account.

            public health and social services emergency fund

    For expenses necessary to support activities related to countering 
potential biological, disease and chemical threats to civilian 
populations, $1,856,040,000: Provided, That this amount is distributed 
as follows: Centers for Disease Control and Prevention, $1,116,156,000; 
Office of the Secretary, $61,820,000; Health Resources and Services 
Administration, $578,064,000; and $100,000,000 shall be available until 
expended for activities to ensure a year-round influenza vaccine 
production capacity and the development and implementation of rapidly 
expandable production technologies: Provided further, That at the 
discretion of the Secretary, these amounts may be transferred between 
categories subject to normal reprogramming procedures: Provided 
further, That employees of the Centers for Disease Control and 
Prevention or the Public Health Service, both civilian and Commissioned 
Officers, detailed to States, municipalities or other organizations 
under authority of section 214 of the Public Health Service Act for 
purposes related to homeland security, shall be treated as non-Federal 
employees for reporting purposes only and shall not be included within 
any personnel ceiling applicable to the Agency, Service, or the 
Department of Health and Human Services during the period of detail or 
assignment.

                           GENERAL PROVISIONS

    Sec. 201. Funds appropriated in this title shall be available for 
not to exceed $50,000 for official reception and representation 
expenses when specifically approved by the Secretary.
    Sec. 202. The Secretary shall make available through assignment not 
more than 60 employees of the Public Health Service to assist in child 
survival activities and to work in AIDS programs through and with funds 
provided by the Agency for International Development, the United 
Nations International Children's Emergency Fund or the World Health 
Organization.
    Sec. 203. None of the funds appropriated under this Act may be used 
to implement section 399F(b) of the Public Health Service Act or 
section 1503 of the National Institutes of Health Revitalization Act of 
1993, Public Law 103-43.
    Sec. 204. None of the funds appropriated in this Act for the 
National Institutes of Health, the Agency for Healthcare Research and 
Quality, and the Substance Abuse and Mental Health Services 
Administration shall be used to pay the salary of an individual, 
through a grant or other extramural mechanism, at a rate in excess of 
Executive Level I.
    Sec. 205. None of the funds appropriated in this Act may be 
expended pursuant to section 241 of the Public Health Service Act, 
except for funds specifically provided for in this Act, or for other 
taps and assessments made by any office located in the Department of 
Health and Human Services, prior to the Secretary's preparation and 
submission of a report to the Committee on Appropriations of the Senate 
and of the House detailing the planned uses of such funds.
    Sec. 206. Notwithstanding section 241(a) of the Public Health 
Service Act, such portion as the Secretary shall determine, but not 
more than 2.2 percent, of any amounts appropriated for programs 
authorized under said Act shall be made available for the evaluation 
(directly, or by grants or contracts) of the implementation and 
effectiveness of such programs.

                          (transfer of funds)

    Sec. 207. Not to exceed 1 percent of any discretionary funds 
(pursuant to the Balanced Budget and Emergency Deficit Control Act of 
1985, as amended) which are appropriated for the current fiscal year 
for the Department of Health and Human Services in this or any other 
Act may be transferred between appropriations, but no such 
appropriation shall be increased by more than 3 percent by any such 
transfer: Provided, That an appropriation may be increased by up to an 
additional 2 percent subject to approval by the House and Senate 
Committees on Appropriations: Provided further, That the Appropriations 
Committees of both Houses of Congress are notified at least 15 days in 
advance of any transfer.
    Sec. 208. The Director of the National Institutes of Health, 
jointly with the Director of the Office of AIDS Research, may transfer 
up to 3 percent among institutes, centers, and divisions from the total 
amounts identified by these two Directors as funding for research 
pertaining to the human immunodeficiency virus: Provided, That the 
Congress is promptly notified of the transfer.
    Sec. 209. Of the amounts made available in this Act for the 
National Institutes of Health, the amount for research related to the 
human immunodeficiency virus, as jointly determined by the Director of 
the National Institutes of Health and the Director of the Office of 
AIDS Research, shall be made available to the ``Office of AIDS 
Research'' account. The Director of the Office of AIDS Research shall 
transfer from such account amounts necessary to carry out section 
2353(d)(3) of the Public Health Service Act.
    Sec. 210. None of the funds appropriated in this Act may be made 
available to any entity under title X of the Public Health Service Act 
unless the applicant for the award certifies to the Secretary that it 
encourages family participation in the decision of minors to seek 
family planning services and that it provides counseling to minors on 
how to resist attempts to coerce minors into engaging in sexual 
activities.
    Sec. 211. None of the funds appropriated by this Act (including 
funds appropriated to any trust fund) may be used to carry out the 
Medicare+Choice program if the Secretary denies participation in such 
program to an otherwise eligible entity (including a Provider Sponsored 
Organization) because the entity informs the Secretary that it will not 
provide, pay for, provide coverage of, or provide referrals for 
abortions: Provided, That the Secretary shall make appropriate 
prospective adjustments to the capitation payment to such an entity 
(based on an actuarially sound estimate of the expected costs of 
providing the service to such entity's enrollees): Provided further, 
That nothing in this section shall be construed to change the Medicare 
program's coverage for such services and a Medicare+Choice organization 
described in this section shall be responsible for informing enrollees 
where to obtain information about all Medicare covered services.
    Sec. 212. Notwithstanding any other provision of law, no provider 
of services under title X of the Public Health Service Act shall be 
exempt from any State law requiring notification or the reporting of 
child abuse, child molestation, sexual abuse, rape, or incest.
    Sec. 213. The Foreign Operations, Export Financing, and Related 
Programs Appropriations Act, 1990 (Public Law 101-167) is amended--
            (1) in section 599D (8 U.S.C. 1157 note)--
                    (A) in subsection (b)(3), by striking ``1997, 1998, 
                1999, 2000, 2001, 2002, and 2003'' and inserting 
                ``1997, 1998, 1999, 2000, 2001, 2002, 2003, and 2004''; 
                and
                    (B) in subsection (e), by striking ``October 1, 
                2003'' each place it appears and inserting ``October 1, 
                2004'';
                    (C) in subsection (b)(1)--
                            (i) in subparagraph (A), by striking 
                        ``and'' at the end;
                            (ii) in subparagraph (B), by striking the 
                        period and inserting ``; and''; and
                            (iii) by adding at the end the following:
            ``(C) one or more categories of aliens who are or were 
        nationals and residents of the Islamic Republic or Iran who, as 
        members of a religious minority in Iran, share common 
        characteristics that identify them as targets of persecution in 
        that state on account of race, religion, nationality, 
        membership in a particular social group, or political 
        opinion.''; and
            (2) in section 599E (8 U.S.C. 1255 note) in subsection 
        (b)(2), by striking ``September 30, 2003'' and inserting 
        ``September 30, 2004''.
    Sec. 214. (a) Except as provided by subsection (e) none of the 
funds appropriated by this Act may be used to withhold substance abuse 
funding from a State pursuant to section 1926 of the Public Health 
Service Act (42 U.S.C. 300x-26) if such State certifies to the 
Secretary of Health and Human Services by May 1, 2004 that the State 
will commit additional State funds, in accordance with subsection (b), 
to ensure compliance with State laws prohibiting the sale of tobacco 
products to individuals under 18 years of age.
    (b) The amount of funds to be committed by a State under subsection 
(a) shall be equal to 1 percent of such State's substance abuse block 
grant allocation for each percentage point by which the State misses 
the retailer compliance rate goal established by the Secretary of 
Health and Human Services under section 1926 of such Act.
    (c) The State is to maintain State expenditures in fiscal year 2004 
for tobacco prevention programs and for compliance activities at a 
level that is not less than the level of such expenditures maintained 
by the State for fiscal year 2003, and adding to that level the 
additional funds for tobacco compliance activities required under 
subsection (a). The State is to submit a report to the Secretary on all 
fiscal year 2003 State expenditures and all fiscal year 2004 
obligations for tobacco prevention and compliance activities by program 
activity by July 31, 2004.
    (d) The Secretary shall exercise discretion in enforcing the timing 
of the State obligation of the additional funds required by the 
certification described in subsection (a) as late as July 31, 2004.
    (e) None of the funds appropriated by this Act may be used to 
withhold substance abuse funding pursuant to section 1926 from a 
territory that receives less than $1,000,000.
    Sec. 215. In order for the Centers for Disease Control and 
Prevention to carry out international health activities, including HIV/
AIDS and other infectious disease, chronic and environmental disease, 
and other health activities abroad during fiscal year 2004, the 
Secretary of Health and Human Services--
            (1) may exercise authority equivalent to that available to 
        the Secretary of State in section 2(c) of the State Department 
        Basic Authorities Act of 1956 (22 U.S.C. 2669(c)). The 
        Secretary of Health and Human Services shall consult with the 
        Secretary of State and relevant Chief of Mission to ensure that 
        the authority provided in this section is exercised in a manner 
        consistent with section 207 of the Foreign Service Act of 1980 
        (22 U.S.C. 3927) and other applicable statutes administered by 
        the Department of State, and
            (2) is authorized to provide such funds by advance or 
        reimbursement to the Secretary of State as may be necessary to 
        pay the costs of acquisition, lease, alteration, renovation, 
        and management of facilities outside of the United States for 
        the use of the Department of Health and Human Services. The 
        Department of State shall cooperate fully with the Secretary of 
        Health and Human Services to ensure that the Department of 
        Health and Human Services has secure, safe, functional 
        facilities that comply with applicable regulation governing 
        location, setback, and other facilities requirements and serve 
        the purposes established by this Act. The Secretary of Health 
        and Human Services is authorized, in consultation with the 
        Secretary of State, through grant or cooperative agreement, to 
        make available to public or nonprofit private institutions or 
        agencies in participating foreign countries, funds to acquire, 
        lease, alter, or renovate facilities in those countries as 
        necessary to conduct programs of assistance for international 
        health activities, including activities relating to HIV/AIDS 
        and other infectious diseases, chronic and environmental 
        diseases, and other health activities abroad.
    Sec. 216. The Division of Federal Occupational Health may utilize 
personal services contracting to employ professional management/
administrative and occupational health professionals.
    Sec. 217. Notwithstanding section 409B(c) of the Public Health 
Service Act regarding a limitation on the number of such grants, funds 
appropriated in this Act may be expended by the Director of the 
National Institutes of Health to award Core Center Grants to encourage 
the development of innovative multidisciplinary research and provide 
training concerning Parkinson's disease. Each center funded under such 
grants shall be designated as a Morris K. Udall Center for Research on 
Parkinson's Disease.
    Sec. 218. None of the funds appropriated in this or any other Act 
may be used to carry out or administer the Department of Health and 
Human Services Human Resources Consolidation plan.
    Sec. 219. Gao Study and Report on the Propagation of Concierge 
Care. (a) Study.--
            (1) In general.--The Comptroller General of the United 
        States shall conduct a study on concierge care (as defined in 
        paragraph (2)) to determine the extent to which such care--
                    (A) is used by medicare beneficiaries (as defined 
                in section 1802(b)(5)(A) of the Social Security Act (42 
                U.S.C. 1395a(b)(5)(A))); and
                    (B) has impacted upon the access of medicare 
                beneficiaries (as so defined) to items and services for 
                which reimbursement is provided under the medicare 
                program under title XVIII of the Social Security Act 
                (42 U.S.C. 1395 et seq.).
            (2) Concierge care.--In this section, the term ``concierge 
        care'' means an arrangement under which, as a prerequisite for 
        the provision of a health care item or service to an 
        individual, a physician, practitioner (as described in section 
        1842(b)(18)(C) of the Social Security Act (42 U.S.C. 
        1395u(b)(18)(C))), or other individual--
                    (A) charges a membership fee or another incidental 
                fee to an individual desiring to receive the health 
                care item or service from such physician, practitioner, 
                or other individual; or
                    (B) requires the individual desiring to receive the 
                health care item or service from such physician, 
                practitioner, or other individual to purchase an item 
                or service.
    (b) Report.--Not later than the date that is 18 months after the 
date of enactment of this Act, the Comptroller General of the United 
States shall submit to Congress a report on the study conducted under 
subsection (a)(1) together with such recommendations for legislative or 
administrative action as the Comptroller General determines to be 
appropriate.
    Sec. 220. To demonstrate the appreciation that the Senate has for, 
and to further encourage, the efforts of the Director of the National 
Institutes of Health in implementing the Pediatric Research Initiative 
under section 409D of the Public Health Service Act, it is the sense of 
the Senate that--
            (1) the Director should continue the Initiative and 
        emphasize the importance of pediatric research, particularly 
        translational research; and
            (2) not later than January of 2004, the Director should 
        continue to report to the Committee on Health, Education, 
        Labor, and Pensions of the Senate, the Committee on Energy and 
        Commerce of the House of Representatives, the Senate Committee 
        on Appropriations and the House Committee on Appropriations on 
        the status of the Pediatric Research Initiative, including--
                    (A) the extent of the total funds obligated to 
                conduct or support pediatric research across the 
                National Institutes of Health, including the specific 
                support and research awards allocated by the Office of 
                the Director through the Initiative;
                    (B) the activities of the cross-institute committee 
                on pediatric research in assisting the Director in 
                considering requests for new or expanded pediatric 
                research to be funded through the Initiative;
                    (C) how the Director plans to budget dollars toward 
                the Initiative for fiscal year 2004;
                    (D) the amount the Director has expended to 
                implement the Initiative since the enactment of the 
                Initiative;
                    (E) the status of any research conducted as a 
                result of the Initiative;
                    (F) whether that research is translational research 
                or clinical research;
                    (G) how the Initiative interfaces with the Off-
                Patent research fund of the National Institutes of 
                Health; and
                    (H) any recommended modifications that Congress 
                should consider in the authority or structure of the 
                Initiative within the National Institutes of Health for 
                the optimal operation and success of the Initiative.
    Sec. 221. To provide funding for poison control centers under the 
Poison Control Enhancement and Awareness Act (42 U.S.C. 14801 et seq.), 
there are appropriated a total of $23,854,000, including amounts 
otherwise made available in this Act for such centers.
    Sec. 222. In addition to any amounts otherwise appropriated under 
this Act under the heading of Administration on Aging, there are 
appropriated an additional $1,000,000: Provided, That in addition to 
the amounts already made available to carry out the ombudsman program 
under chapter 2 of title VII of the Older Americans Act of 1965 (42 
U.S.C. 3058 et seq.), there are made available an additional 
$1,000,000.
    Sec. 223. In addition to any amounts otherwise appropriated under 
this Act for programs and activities under the Nurse Reinvestment Act 
(Public Law 107-205) and for other nursing workforce development 
programs under title VIII of the Public Health Service Act (42 U.S.C. 
296 et seq.), there are appropriated an additional $50,000,000 for such 
programs and activities.
    Sec. 224. Not later than 90 days after the date of enactment of 
this Act, the Director of the National Institutes of Health shall 
submit to the appropriate committees of Congress a report that shall --
            (1) contain the recommendations of the Director concerning 
        the role of the National Institutes of Health in promoting the 
        affordability of inventions and products developed with Federal 
        funds; and
            (2) specify whether any circumstances exist to prevent the 
        Director from promoting the affordability of inventions and 
        products developed with Federal funds.
    Sec. 225. Studies Concerning Mammography Standards. (a) Study by 
GAO.--
            (1) In general.--The Comptroller General of the United 
        States shall conduct a study of the program established under 
        the Mammography Quality Standards Act of 1992 (section 354 of 
        the Public Health Service Act (42 U.S.C. 263b)) (referred to in 
        this section as the ``MQSA'') to--
                    (A) evaluate the demonstration program regarding 
                frequency of inspections authorized under section 
                354(g) of the Public Health Service Act (42 U.S.C. 
                263b(g)), including the effect of the program on 
                compliance with the MQSA;
                    (B) evaluate the factors that contributed to the 
                closing of the approximately 700 mammography facilities 
                nationwide since 2001, whether those closings were due 
                to consolidation or were a true reduction in 
                mammography availability, explore the relationship 
                between certified units and facility capacity, and 
                evaluate capacity issues, and determine the effect 
                these and other closings have had on the accessibility 
                of mammography services, including for underserved 
                populations, since the April 2002 General Accounting 
                Office report on access to mammography; and
                    (C) evaluate the role of States in acting as 
                accreditation bodies or certification bodies, or both, 
                in addition to inspection agents under the MQSA, and in 
                acting as accreditation bodies for facilities in other 
                States and determine whether and how these roles affect 
                the system of checks and balances within the MQSA.
            (2) Report.--Not later than 16 months after the date of 
        enactment of this Act, the Comptroller General of the United 
        States shall submit to the Committee on Health, Education, 
        Labor, and Pensions and the Committee on Appropriations of the 
        Senate and the Committee on Energy and Commerce and the 
        Committee on Appropriations of the House of Representatives a 
        report on the study described in paragraph (1).
    (b) Study by the Institute of Medicine.--
            (1) In general.--Not later than 30 days after the date of 
        enactment of this Act, the Secretary of Health and Human 
        Services shall enter into an agreement with the Institute of 
        Medicine of the National Academy of Sciences for the conduct of 
        a study and the making of recommendations regarding the 
        following:
                    (A) Ways to improve physicians' interpretations of 
                mammograms, including approaches that could be taken 
                under the MQSA without negatively impacting access to 
                quality mammography.
                    (B) What changes could be made in the MQSA to 
                improve mammography quality, including additional 
                regulatory requirements that would improve quality, as 
                well as the reduction or modification of regulatory 
                requirements that do not contribute to quality 
                mammography, or are no longer necessary to ensure 
                quality mammography. Such reduction or modification of 
                regulatory requirements and improvements in the 
                efficiency of the program are important to help 
                eliminate disincentives to enter or remain in the field 
                of mammography.
                    (C) Ways, including incentives, to ensure that 
                sufficient numbers of adequately trained personnel at 
                all levels are recruited and retained to provide 
                quality mammography services.
                    (D)(i) How data currently collected under the MQSA 
                could be used to improve the quality, interpretation 
                of, and access to mammography.
                    (ii) Identification of new data points that could 
                be collected to aid in the monitoring and assessment of 
                mammography quality and access.
                    (E) Other approaches that would improve the quality 
                of and access to mammography services, including 
                approaches to improving provisions under the MQSA.
                    (F) Steps that should be taken to help make 
                available safe and effective new screening and 
                diagnostic devices and tests for breast cancer.
            (2) Report.--Not later than 15 months after the date on 
        which the agreement is entered into under paragraph (1), the 
        Institute of Medicine shall complete the study described under 
        such subsection and submit a report to the Secretary of Health 
        and Human Services, the Committee on Health, Education, Labor, 
        and Pensions and the Committee on Appropriations of the Senate, 
        and the Committee on Energy and Commerce and the Committee on 
        Appropriations of the House of Representatives.
            (3) Funding.--Of the amounts appropriated under this title 
        to the Office of the Secretary of Health and Human Services for 
        general departmental management, $500,000 shall be made 
        available to carry out the study under this subsection.
    Sec. 226. (a) Findings.--The Senate finds that--
            (1) Native American populations have seen an alarming 
        increase in sexually transmitted disease prevalence in recent 
        years; and
            (2) a screening, treatment, and education program, 
        administered by tribal health organizations or local health 
        care providers, on Native American reservations with high rates 
        of sexually transmitted diseases will help prevent a 
        corresponding increase in the prevalence of HIV.
    (b) Grant Program.--From amounts appropriated under this title for 
the Centers for Disease Control and Prevention, there may be made 
available up to $1,000,000 to enable the Director of the Centers for 
Disease Control and Prevention to carry out competitive grant program 
to strengthen local capacity on Native American reservations to screen 
for and treat sexually transmitted diseases and to educate local 
populations about such diseases, the consequences thereof, and how the 
transmission of such diseases can be prevented.
    Sec. 227. In addition to any amounts otherwise appropriated under 
this Act for the support of the improved newborn and child screening 
for heritable disorders program authorized under section 1109 of the 
Public Health Service Act (42 U.S.C. 300b-8), there may be appropriated 
up to an additional $2,000,000 to carry out such program.
    Sec. 228. Summer Health Career Introductory Programs. (a) 
Findings.--Congress finds that--
            (1) the success of the health care system is dependent on 
        qualified personnel;
            (2) hospitals and health facilities across the United 
        States have been deeply impacted by declines among nurses, 
        pharmacists, radiology and laboratory technicians, and other 
        workers;
            (3) the health care workforce shortage is not a short term 
        problem and such workforce shortages can be expected for many 
        years; and
            (4) most States are looking for ways to address such 
        shortages.
    (b) Grants.--The Secretary of Health and Human Services, acting 
through the Bureau of Health Professions of the Health Resources and 
Services Administration, may award not to exceed 5 grants for the 
establishment of summer health career introductory programs for middle 
and high school students.
    (c) Eligibility.--To be eligible to receive a grant under 
subsection (b) an entity shall--
            (1) be an institution of higher education (as defined in 
        section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 
        1001(a)); and
            (2) prepare and submit to the Secretary of Health and Human 
        Services an application at such time, in such manner, and 
        containing such information as the Secretary may require.
    (d) Duration.--The term of a grant under subsection (b) shall not 
exceed 4 years.
    (e) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section, such sums as may be necessary 
for each of fiscal years 2004 through 2007.
    Sec. 229. Not later than 120 days after the date of enactment of 
this Act, the Director of the Centers for Disease Control and 
Prevention shall prepare a plan to comprehensively address blood safety 
and injection safety in Africa under the Global AIDS Program.
    Sec. 230. Not later than May 1, 2004, the Secretary of Health and 
Human Services shall submit to the appropriate committees of Congress a 
report concerning the manner in which the Department of Health and 
Human Services expends Federal funds for research, patient care, and 
other activities relating to Hansen's Disease. The report shall 
include--
            (1) the amounts provided for each research project;
            (2) the amounts provided to each of the 12 treatment 
        centers for each of research, patient care, and other 
        activities;
            (3) the per patient expenditure of patient care funds at 
        each of the 12 treatment centers; and
            (4) the mortality rates at each of the 12 treatment 
        centers.
    Sec. 231. In addition to any amounts otherwise appropriated under 
this Act to carry out activities under the Child Abuse Prevention and 
Treatment Act (42 U.S.C. 5101 et seq.), there are appropriated--
            (1) up to an additional $143,000 may be used to carry out 
        activities under title I of such Act (child abuse State 
        grants);
            (2) up to an additional $212,000 may be used to carry out 
        activities under title II of such Act (community-based resource 
        centers); and
            (3) up to an additional $2,100,000 may be used for child 
        abuse discretionary grants under such Act.
    Sec. 232. (a) Findings.--The Senate finds that--
            (1) a recent Aberdeen Area Indian Health Service infant 
        mortality study identified protective and risk factors 
        associated with Sudden Infant Death Syndrome (referred to in 
        this section as ``SIDS'');
            (2) several conclusions from the study suggest courses of 
        action to reduce the incidence of SIDS among Native American 
        and other high-incidence populations;
            (3) the study noted that alcohol consumption by women of 
        childbearing age (especially during pregnancy), maternal and 
        environmental tobacco exposure during pregnancy, and pregnancy 
        by women under the age of 20 increase the risk for SIDS;
            (4) in 2000, for infants of African American mothers, the 
        SIDS death rate was 2.4 times that for non-Hispanic white 
        mothers;
            (5) nationwide, SIDS rates for infants of Native American 
        mothers were 2.6 times those of non-Hispanic white mothers; and
            (6) the Office of Minority Health of the Department of 
        Health and Human Services has the expertise to coordinate SIDS 
        disparity reduction efforts across the Department of Health and 
        Human Services.
    (b) Increase in Funding.--In addition to any amounts otherwise 
appropriate in this Act to carry out activities to reduce Sudden Infant 
Death Syndrome disparity rates, there may be appropriated up to an 
additional $2,000,000 to enable the Director of the Office of Minority 
Health of the Department of Health and Human Services to carry out a 
demonstration project, in coordination with the Administrator of the 
Health Resources and Services Administration, the Director of the 
National Institutes of Health, the Director of the Indian Health 
Services, the Administrator of the Center for Medicare & Medicaid 
Services, the Director of the Centers for Disease Control and 
Prevention, and the heads of other agencies within the Department of 
Health and Human Services (as appropriate), to reduce Sudden Infant 
Death Syndrome disparity rates, and to provide risk reduction education 
to African American and Native American populations in the United 
States, including efforts to reduce alcohol use by pregnant women, 
support for smoking cessation (maternal and secondhand) programs, and 
education of teenagers on the risk factors for Sudden Infant Death 
Syndrome associated with teenage pregnancy within African American and 
Native American communities.
    (c) Sense of the Senate.--It is the sense of the Senate that in 
carrying out the demonstration project under subsection (b), the 
Director of the Office of Minority Health is encouraged to--
            (1) expand upon the similar pilot program for Native 
        Americans that was funded by the Office of Minority Health; and
            (2) coordinate with the Administrator of the Health 
        Resources and Services Administration, the Director of the 
        Centers for Disease Control and Prevention, the Director of the 
        National Institutes of Health, the Director of the Indian 
        Health Services, the Administrator of the Center for Medicare & 
        Medicaid Services, and the heads of other agencies within the 
        Department of Health and Human Services (as appropriate) to 
        support activities to reduce alcohol use by pregnant women, 
        support smoking cessation (maternal and secondhand), and 
        educate teenagers on the risk factors for SIDS associated with 
        teenage pregnancy within the African American and Native 
        American communities.
    Sec. 233. There may be appropriated, up to $2,000,000 to fund 
programs on community automatic external defibrillators under section 
312 of the Public Health Service Act (42 U.S.C. 244).
    Sec. 234. From the amounts appropriated under the heading ``Office 
of the Secretary, General Departmental Management'' there may be made 
available an additional $2,000,000 to the Health Resources and Services 
Administration for the purchase of automatic external defibrilators and 
the training of individuals in cardiac life support in rural areas.
    Sec. 235. Notwithstanding any other provisions of law, funds made 
available under this heading may be used to continue operating the 
Council on Graduate Medical Education established by section 301 of 
Public Law 102-408.
    Sec.  236. Designation of Senator Paul D. Wellstone NIH MDCRC 
Program. (a) Findings.--Congress finds the following:
            (1) On December 18, 2001, Public Law 107-84, otherwise 
        known as the Muscular Dystrophy Community Assistance, Research 
        and Education Amendments of 2001, or the MD CARE Act, was 
        signed into law to provide for research and education with 
        respect to various forms of muscular dystrophy, including 
        Dechenne, Becker, limb girdle, congenital, facioscapulohumeral, 
        myotonic, oculopharyngeal, distal, and EmeryDreifuss muscular 
        dystrophies.
            (2) In response to the MD CARE Act of 2001, in September 
        2002, the National Institutes of Health (NIH) announced its 
        intention to direct $22,500,000 over five years to its newly 
        created Muscular Dystrophy Cooperative Research Centers (MDCRC) 
        program.
            (3) Senator Paul D. Wellstone was a driving force behind 
        enactment of the MD CARE Act, which led to the establishment of 
        the MDCRC program.
    (b) Designation.--The NIH Muscular Dystrophy Cooperative Research 
Centers (MDCRC) program shall be known and designated as the ``Senator 
Paul D. Wellstone Muscular Dystrophy Cooperative Research Centers'', in 
honor of Senator Paul D. Wellstone who was deceased on October 25, 
2002.
    (c) References.--Any reference in a law, regulation, document, 
paper, or other record of the United States to the NIH program of 
Muscular Dystrophy Cooperative Research Centers shall be deemed to be a 
reference to the ``Senator Paul D. Wellstone Muscular Dystrophy 
Cooperative Research Centers.
    Sec. 237. (a) Mother-to-Child HIV Transmission Prevention.--In 
addition to any amounts otherwise made available under this Act to 
carry out mother-to-child HIV transmission prevention activities, there 
shall be made available an additional $60,000,000 to carry out such 
activities and $1,000,000 for Non-Mother-to-Child activities.
    (b) Reduction in Amounts.--Amounts made available under this Act 
for the administrative and related expenses for departmental management 
for the Department of Labor, the Department of Health and Human 
Services, the Department of Education, shall be reduced on a pro rata 
basis by $61,000,000.
    Sec. 238. (a) Authority.--Notwithstanding any other provision of 
law, the Director of the National Institutes of Health may use funds 
available under section 402(i) of the Public Health Service Act (42 
U.S.C. 282(i)) to enter into transactions (other than contracts, 
cooperative agreements, or grants) to carry out research in support of 
the NIH Roadmap Initiative of the Director.
    (b) Peer Review.--In entering into transactions under subsection 
(a), the Director of the National Institutes of Health may utilize such 
peer review procedures (including consultation with appropriate 
scientific experts) as the Director determines to be appropriate to 
obtain assessments of scientific and technical merit. Such procedures 
shall apply to such transactions in lieu of the peer review and 
advisory council review procedures that would otherwise be required 
under sections 301(a)(3), 405(b)(1)(B), 405(b)(2), 406(a)(3)(A), 492, 
and 494 of the Public Health Service Act (42 U.S.C. 241, 284(b)(1)(B), 
284(b)(2), 284a(a)(3)(A), 289a, and 289c).
    This title may be cited as the ``Department of Health and Human 
Services Appropriations Act, 2004''.

                   TITLE III--DEPARTMENT OF EDUCATION

                    education for the disadvantaged

    For carrying out title I of the Elementary and Secondary Education 
Act of 1965 (``ESEA'') and section 418A of the Higher Education Act of 
1965, $14,103,356,000, of which $6,582,294,000 shall become available 
on July 1, 2004, and shall remain available through September 30, 2005, 
and of which $7,383,301,000 shall become available on October 1, 2004, 
and shall remain available through September 30, 2005, for academic 
year 2004-2005: Provided, That $7,107,282,000 shall be available for 
basic grants under section 1124: Provided further, That up to 
$3,500,000 of these funds shall be available to the Secretary of 
Education on October 1, 2003, to obtain annually updated educational-
agency-level census poverty data from the Bureau of the Census: 
Provided further, That $1,365,031,000 shall be available for 
concentration grants under section 1124A: Provided further, That 
$1,670,239,000 shall be available for targeted grants under section 
1125: Provided further, That $2,207,448,000 shall be available for 
education finance incentive grants under section 1125A: Provided 
further, That, notwithstanding any other provision of law, the 
Secretary shall use data described in sections 1124(a)(1)(B) and 
1124(c)(1) of the ESEA that are available on July 1, 2003, to calculate 
grants for fiscal year 2004 under part A of title I of that Act: 
Provided further, That from the $8,842,000 available to carry out part 
E of title I, up to $1,000,000 shall be available to the Secretary of 
Education to provide technical assistance to State and local 
educational agencies concerning part A of title I.

                               impact aid

    For carrying out programs of financial assistance to federally 
affected schools authorized by title VIII of the Elementary and 
Secondary Education Act of 1965, $1,193,226,000, of which 
$1,030,292,000 shall be for basic support payments under section 
8003(b), $50,668,000 shall be for payments for children with 
disabilities under section 8003(d), $44,708,000 shall be for 
construction under section 8007 and shall remain available through 
September 30, 2005, $59,610,000 shall be for Federal property payments 
under section 8002, and $7,948,000, to remain available until expended, 
shall be for facilities maintenance under section 8008.

                      school improvement programs

    For carrying out school improvement activities authorized by titles 
II, part B of title IV, part A and subparts 6 and 9 of part D of title 
V, subpart 1 of part A and part B of title VI, and parts B and C of 
title VII of the Elementary and Secondary Education Act of 1965 
(``ESEA''); the McKinney-Vento Homeless Assistance Act; and the Civil 
Rights Act of 1964, $5,731,453,000, of which $4,173,944,000 shall 
become available on July 1, 2004, and remain available through 
September 30, 2005, and of which $1,435,000,000 shall become available 
on October 1, 2004, and shall remain available through September 30, 
2005, for academic year 2004-2005: Provided, That funds made available 
to carry out part B of title VII of the ESEA may be used for 
construction, renovation and modernization of any elementary school, 
secondary school, or structure related to an elementary school or 
secondary school, run by the Department of Education of the State of 
Hawaii, that serves a predominantly Native Hawaiian student body: 
Provided further, That funds made available to carry out part C of 
title VII of the ESEA may be used for construction: Provided further, 
That $390,000,000 shall be for subpart 1 of part A of title VI of the 
ESEA: Provided further, That no funds appropriated under this heading 
may be used to carry out section 5494 under the ESEA.

                            indian education

    For expenses necessary to carry out, to the extent not otherwise 
provided, title VII, part A of the Elementary and Secondary Education 
Act of 1965, $121,573,000.

                       innovation and improvement

    For carrying out activities authorized by part G of Title I, 
subpart 5 of part A and parts C and D of title II, and Parts B, C, and 
D of title V of the Elementary and Secondary Education Act of 1965 
(``ESEA''), $774,133,000: Provided, That $9,935,000 shall be provided 
to the National Board for Professional Teaching Standards to carry out 
section 2151(c) of the ESEA: Provided further, That $165,877,000 shall 
be available to carry out part D of title V of the ESEA.

                 safe schools and citizenship education

    For carrying out subpart 3 of part C of title II, part A of title 
IV, and subparts 2, 3 and 10 of part D of title V of the Elementary and 
Secondary Education Act of 1965 (``ESEA''), title VIII-D of the Higher 
Education Act of 1965, as amended, and Public Law 102-73, $818,547,000, 
of which $447,017,000 shall become available on July 1, 2004 and remain 
available through September 30, 2005: Provided, That of the amount 
available for subpart 2 of part A of title IV of the ESEA, $850,000 
shall be used to continue the National Recognition Awards program under 
the same guidelines outlined by section 120(f) of Public Law 105-244: 
Provided further, That $422,017,000 shall be available for subpart 1 of 
part A of title IV and $213,880,000 shall be available for subpart 2 of 
part A of title IV: Provided further, That of the funds available to 
carry out subpart 3 of part C of title II, up to $11,922,000 may be 
used to carry out section 2345 and $2,980,000 shall be used by the 
Center for Civic Education to implement a comprehensive program to 
improve public knowledge, understanding, and support of the Congress 
and the state legislatures: Provided further, That $25,000,000 shall be 
for Youth Offender Grants, of which $5,000,000 shall be used in 
accordance with section 601 of Public Law 102-73 as that section was in 
effect prior to enactment of Public Law 105-220.

                      english language acquisition

    For carrying out part A of title III of the ESEA, $665,000,000, of 
which $541,259,000 shall become available on July 1, 2004, and shall 
remain available through September 30, 2005.

                           special education

    For carrying out parts B, C, and D of the Individuals with 
Disabilities Education Act, $11,027,464,000, of which $5,337,533,000 
shall become available for obligation on July 1, 2004, and shall remain 
available through September 30, 2005, and of which $5,402,000,000 shall 
become available on October 1, 2004, and shall remain available through 
September 30, 2005, for academic year 2004-2005: Provided, That 
$11,400,000 shall be for Recording for the Blind and Dyslexic to 
support the development, production, and circulation of recorded 
educational materials: Provided further, That $1,500,000 shall be for 
the recipient of funds provided by Public Law 105-78 under section 
687(b)(2)(G) of the Act to provide information on diagnosis, 
intervention, and teaching strategies for children with disabilities: 
Provided further, That the amount for section 611(c) of the Act shall 
be equal to the amount available for that section during fiscal year 
2003, increased by the amount of inflation as specified in section 
611(f)(1)(B)(ii) of the Act.

            rehabilitation services and disability research

    For carrying out, to the extent not otherwise provided, the 
Rehabilitation Act of 1973, the Assistive Technology Act of 1998, and 
the Helen Keller National Center Act, $3,004,360,000, of which 
$1,000,000 shall be used to improve the quality of applied orthotic and 
prosthetic research and help meet the demand for provider services: 
Provided, That the funds provided for title I of the Assistive 
Technology Act of 1998 (``the AT Act'') shall be allocated 
notwithstanding section 105(b)(1) of the AT Act: Provided further, That 
section 101(f) of the AT Act shall not limit the award of an extension 
grant to three years: Provided further, That no State or outlying area 
awarded funds under section 101 shall receive less than the amount 
received in fiscal year 2003.

                 american printing house for the blind

    For carrying out the Act of March 3, 1879, as amended (20 U.S.C. 
101 et seq.) including the acquisition of equipment, $16,500,000.

               national technical institute for the deaf

    For the National Technical Institute for the Deaf under titles I 
and II of the Education of the Deaf Act of 1986 (20 U.S.C. 4301 et 
seq.), $53,800,000, of which $367,000 shall be for construction and 
shall remain available until expended: Provided, That from the total 
amount available, the Institute may at its discretion use funds for the 
endowment program as authorized under section 207.

                          gallaudet university

    For the Kendall Demonstration Elementary School, the Model 
Secondary School for the Deaf, and the partial support of Gallaudet 
University under titles I and II of the Education of the Deaf Act of 
1986 (20 U.S.C. 4301 et seq.), $100,800,000: Provided, That from the 
total amount available, the University may at its discretion use funds 
for the endowment program as authorized under section 207.

                     vocational and adult education

    For carrying out, to the extent not otherwise provided, the Carl D. 
Perkins Vocational and Technical Education Act of 1998, subparts 4 and 
11 of part D of title V of the Elementary and Secondary Education Act 
of 1965, and the Adult Education and Family Literacy Act, 
$2,093,990,000, of which $1,274,943,000 shall become available on July 
1, 2004 and shall remain available through September 30, 2005 and of 
which $791,000,000 shall become available on October 1, 2004 and shall 
remain available through September 30, 2005: Provided, That of the 
amount provided for Adult Education State Grants, $69,545,000 shall be 
made available for integrated English literacy and civics education 
services to immigrants and other limited English proficient 
populations: Provided further, That of the amount reserved for 
integrated English literacy and civics education, notwithstanding 
section 211 of the Adult Education and Family Literacy Act, 65 percent 
shall be allocated to States based on a State's absolute need as 
determined by calculating each State's share of a 10-year average of 
the Immigration and Naturalization Service data for immigrants admitted 
for legal permanent residence for the 10 most recent years, and 35 
percent allocated to States that experienced growth as measured by the 
average of the 3 most recent years for which Immigration and 
Naturalization Service data for immigrants admitted for legal permanent 
residence are available, except that no State shall be allocated an 
amount less than $60,000: Provided further, That of the amounts made 
available for the Adult Education and Family Literacy Act, $9,223,000 
shall be for national leadership activities under section 243 and 
$6,732,000 shall be for the National Institute for Literacy under 
section 242: Provided further, That $160,047,000 shall be available to 
support the activities authorized under subpart 4 of part D of title V 
of the Elementary and Secondary Education Act of 1965, of which up to 5 
percent shall become available October 1, 2003, for evaluation, 
technical assistance, school networking, peer review of applications, 
and program outreach activities and of which not less than 95 percent 
shall become available on July 1, 2004, and remain available through 
September 30, 2005, for grants to local educational agencies: Provided 
further, That funds made available to local education agencies under 
this subpart shall be used only for activities related to establishing 
smaller learning communities in high schools.

                      student financial assistance

    For carrying out subparts 1, 3 and 4 of part A, part C and part E 
of title IV of the Higher Education Act of 1965, as amended, 
$14,174,115,000, which shall remain available through September 30, 
2005.
    The maximum Pell Grant for which a student shall be eligible during 
award year 2004-2005 shall be $4,050.

                       student aid administration

    For Federal administrative expenses (in addition to funds made 
available under Section 458), to carry out part D of title I; subparts 
1, 3, and 4 of part A; and parts B, C, D, and E of title IV of the 
Higher Education Act of 1965, as amended, $104,703,000.

                            higher education

    For carrying out, to the extent not otherwise provided, section 121 
and titles II, III, IV, V, VI, and VII of the Higher Education Act of 
1965 (``HEA''), as amended, section 117 of the Carl D. Perkins 
Vocational and Technical Education Act of 1998, and the Mutual 
Educational and Cultural Exchange Act of 1961, $1,974,247,000, of which 
$2,000,000 for interest subsidies authorized by section 121 of the HEA 
shall remain available until expended: Provided, That notwithstanding 
any other provision of law or any regulation, the Secretary of 
Education shall not require the use of a restricted indirect cost rate 
for grants issued pursuant to section 117 of the Carl D. Perkins 
Vocational and Technical Education Act of 1998: Provided further, That 
$9,935,000, to remain available through September 30, 2005, shall be 
available to fund fellowships for academic year 2005-2006 under part A, 
subpart 1 of title VII of said Act, under the terms and conditions of 
part A, subpart 1: Provided further, That $994,000 is for data 
collection and evaluation activities for programs under the HEA, 
including such activities needed to comply with the Government 
Performance and Results Act of 1993: Provided further, That 
notwithstanding any other provision of law, funds made available in 
this Act to carry out title VI of the HEA and section 102(b)(6) of the 
Mutual Educational and Cultural Exchange Act of 1961 may be used to 
support visits and study in foreign countries by individuals who are 
participating in advanced foreign language training and international 
studies in areas that are vital to United States national security and 
who plan to apply their language skills and knowledge of these 
countries in the fields of government, the professions, or 
international development: Provided further, That up to 1 percent of 
the funds referred to in the preceding proviso may be used for program 
evaluation, national outreach, and information dissemination 
activities.

                           howard university

    For partial support of Howard University (20 U.S.C. 121 et seq.), 
$238,440,000, of which not less than $3,573,000 shall be for a matching 
endowment grant pursuant to the Howard University Endowment Act (Public 
Law 98-480) and shall remain available until expended.

         college housing and academic facilities loans program

    For Federal administrative expenses authorized under section 121 of 
the Higher Education Act of 1965, $774,000 to carry out activities 
related to existing facility loans entered into under the Higher 
Education Act of 1965.

  historically black college and university capital financing program 
                                account

    The aggregate principal amount of outstanding bonds insured 
pursuant to section 344 of title III, part D of the Higher Education 
Act of 1965 shall not exceed $355,000,000, and the cost, as defined in 
section 502 of the Congressional Budget Act of 1974, of such bonds 
shall not exceed zero.
    For administrative expenses to carry out the Historically Black 
College and University Capital Financing Program entered into pursuant 
to title III, part D of the Higher Education Act of 1965, as amended, 
$210,000.

                    institute of education sciences

    For carrying out activities authorized by Public Law 107-279, 
$452,956,000: Provided, That, of the amount appropriated, $144,090,000 
shall be available for obligation through September 30, 2005: Provided 
further, That of the amount provided to carry out title I, parts B and 
D of Public Law 107-279, $24,362,000 shall be for the national research 
and development centers authorized under section 133(c): Provided 
further, That $4,968,000 shall be available to extend for one 
additional year the contract for the Eisenhower National Clearinghouse 
for Mathematics and Science Education authorized under section 
2102(a)(2) of the Elementary and Secondary Education Act of 1965, prior 
to its amendment by the No Child Left Behind Act of 2001, Public Law 
107-110.

                         program administration

    For carrying out, to the extent not otherwise provided, the 
Department of Education Organization Act, including rental of 
conference rooms in the District of Columbia and hire of three 
passenger motor vehicles, $409,863,000, of which $13,644,000, to remain 
available until expended, shall be for building alterations and related 
expenses for the relocation of Department staff to Potomac Center Plaza 
in Washington, D.C.: Provided, That of this amount, sufficient funds 
shall be available for the Secretary of Education, not later than 60 
days after the last day of the fiscal year, to submit to Congress a 
report on the amount of acquisitions made by the Department of 
Education during such fiscal year of articles, materials, or supplies 
that were manufactured outside the United States. Such report shall 
separately indicate the dollar value of any articles, materials, or 
supplies purchased by the Department of Education that were 
manufactured outside the United States, an itemized list of all waivers 
under the Buy American Act (41 U.S.C. 10a et seq.) that were granted 
with respect to such articles, materials, or supplies, and a summary of 
total procurement funds spent on goods manufactured in the United 
States versus funds spent on goods manufactured outside of the United 
States. The Secretary of Education shall make the report publicly 
available by posting the report on an Internet website.

                        office for civil rights

    For expenses necessary for the Office for Civil Rights, as 
authorized by section 203 of the Department of Education Organization 
Act, $91,275,000.

                    office of the inspector general

    For expenses necessary for the Office of the Inspector General, as 
authorized by section 212 of the Department of Education Organization 
Act, $44,137,000.

                           GENERAL PROVISIONS

    Sec. 301. No funds appropriated in this Act may be used for the 
transportation of students or teachers (or for the purchase of 
equipment for such transportation) in order to overcome racial 
imbalance in any school or school system, or for the transportation of 
students or teachers (or for the purchase of equipment for such 
transportation) in order to carry out a plan of racial desegregation of 
any school or school system.
    Sec. 302. None of the funds contained in this Act shall be used to 
require, directly or indirectly, the transportation of any student to a 
school other than the school which is nearest the student's home, 
except for a student requiring special education, to the school 
offering such special education, in order to comply with title VI of 
the Civil Rights Act of 1964. For the purpose of this section an 
indirect requirement of transportation of students includes the 
transportation of students to carry out a plan involving the 
reorganization of the grade structure of schools, the pairing of 
schools, or the clustering of schools, or any combination of grade 
restructuring, pairing or clustering. The prohibition described in this 
section does not include the establishment of magnet schools.
    Sec. 303. No funds appropriated under this Act may be used to 
prevent the implementation of programs of voluntary prayer and 
meditation in the public schools.

                          (transfer of funds)

    Sec. 304. Not to exceed 1 percent of any discretionary funds 
(pursuant to the Balanced Budget and Emergency Deficit Control Act of 
1985, as amended) which are appropriated for the Department of 
Education in this Act may be transferred between appropriations, but no 
such appropriation shall be increased by more than 3 percent by any 
such transfer: Provided, That the Appropriations Committees of both 
Houses of Congress are notified at least 15 days in advance of any 
transfer.
    Sec. 305. (a) The matter under the heading ``Title III--Department 
of Education, Education for the Disadvantaged'', in Public Law 108-7 
(117 Stat. 326) is amended--
            (1) by striking ``$4,651,199,000'' and inserting 
        ``$6,895,199,000''; and
            (2) by striking ``$9,027,301,000'' and inserting 
        ``$6,783,301,000''.
    (b) The additional fiscal year 2003 budget authority provided under 
subsection (a) shall not be subject to the rescission required by 
Division N, section 601, of Public Law 108-7.
    (c) Subsections (a) and (b) shall become effective immediately upon 
enactment of this Act.
    Sec. 306. None of the funds provided under this Act shall be used 
to implement or enforce the annual updates to the allowance for State 
and other taxes in the tables used in the Federal Needs Analysis 
Methodology to determine a student's expected family contribution for 
the award year 2004-2005 under part F of title IV of the Higher 
Education Act of 1965 (20 U.S.C. 1087kk et seq.) published in the 
Federal Register on Friday, May 30, 2003 (68 Fed. Reg. 32473), to the 
extent that such implementation or enforcement of the updates will 
reduce the amount of Federal student financial assistance for which a 
student is eligible: Provided, That of the funds appropriated in this 
Act for the National Institutes of Health, $200,000,000 shall not be 
available for obligation until September 30, 2004.
    Sec. 307. (a) Additional Funding.--In addition to any amounts 
otherwise appropriated under this Act for grants to States under part B 
of the Individuals with Disabilities Education Act (20 U.S.C. 1411 et 
seq.), there are appropriated an additional $1,200,000,000 for such 
grants.
    (b) Customs User Fees.--Section 13031(j)(3) of the Consolidated 
Omnibus Budget Reconciliation Act of 1985 (19 U.S.C. 58c(j)(3)) is 
amended by striking ``September 30, 2003'' and inserting ``September 
30, 2004''.
    Sec. 308. In addition to any amounts that may be made available 
under this Act to carry out the Excellence in Economic Education Act of 
2001 under subpart 13 of part D of title V of the Elementary and 
Secondary Education Act of 1965, there are appropriated, out of any 
money in the Treasury not otherwise appropriated, $2,000,000 to carry 
out the Excellence in Economic Education Act of 2001.
    Sec. 309. For necessary expenses for the Underground Railroad 
Education and Cultural Program, there are appropriated $2,235,000.
    Sec. 310. There are appropriated, out of any money in the Treasury 
not otherwise appropriated, to carry out section 208 of the Education 
Sciences Reform Act of 2002, $80,000,000. All amounts in this Act for 
management and administration at the Department of Education are 
reduced on a pro rata basis by an amount required to offset the 
$80,000,000 appropriation made by this section.
    Sec. 311. For activities authorized by part H of title I of the 
Elementary and Secondary Education Act, there are hereby appropriated 
up to $5,000,000, which may be used to carry out such activities.

            daniel patrick moynihan global affairs institute

    Sec. 312. (a) Definitions.--In this section:
            (1) Endowment fund.--The term ``endowment fund'' means a 
        fund established by the Maxwell School of Citizenship and 
        Public Affairs of the Syracuse University in Syracuse, New 
        York, for the purpose of generating income for the support of 
        the School and other purposes as described in subsection (d).
            (2) School.--The term ``School'' means the Maxwell School 
        of Citizenship and Public Affairs of the Syracuse University in 
        Syracuse, New York.
            (3) Secretary.--The term ``Secretary'' means the Secretary 
        of Education.
            (4) University.--The term ``University'' means the Syracuse 
        University in Syracuse, New York.
    (b) Daniel Patrick Moynihan Global Affairs Institute.--
            (1) Redesignation.--To be eligible for a grant under 
        subsection (c), the University shall designate the global 
        affairs institute within the Maxwell School of Citizenship and 
        Public Affairs of the University as the ``Daniel Patrick 
        Moynihan Global Affairs Institute''.
            (2) References.--Any reference in a law, map, regulation, 
        paper, or other record to the global affairs institute within 
        the Maxwell School of Citizenship and Public Affairs of the 
        University, shall be deemed to be a reference to the Daniel 
        Patrick Moynihan Global Affairs Institute.
    (c) Grant for Endowment Fund.--From amounts appropriated under 
subsection (f), the Secretary may award a grant to the University for 
the establishment of an endowment fund to support the Daniel Patrick 
Moynihan Global Affairs Institute.
    (d) Duties.--Amounts received under a grant under subsection (c), 
shall be used to--
            (1) carry on the public and intellectual tradition of 
        Senator Daniel Patrick Moynihan;
            (2) sustain all of the core activities of the School;
            (3) fund the residencies of visiting scholars and 
        international leaders;
            (4) support scholarship, training, and practice in 
        countries that are often the most impoverished economically, 
        institutionally, and civically;
            (5) support partnerships with governments and other 
        relevant entities around the world to train government 
        officials both at the School and in their home countries; and
            (6) expand the facilities of the School.
    (e) Miscellaneous Provisions Relating to the Endowment Fund.--
            (1) Management.--The endowment fund established under 
        subsection (c) shall be managed in accordance with the standard 
        endowment policies established by the University.
            (2) Use of interest and investment income.--Interest and 
        other investment income earned from the endowment fund may be 
        used to carry out the duties under subsection (d).
            (3) Distribution of interest and investment income.--Funds 
        derived from the interest and other investment income earned 
        from the endowment fund shall be available for expenditure by 
        the University for purposes consistent with subsection (d).
    (f) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section, $10,000,000 to remain available 
until expended.
    Sec. 313. In addition to any amounts otherwise appropriated under 
this Act, there may be appropriated, out of any money in the Treasury 
not otherwise appropriated--
            (1) an additional $4,000,000 to carry out title III of the 
        Elementary and Secondary Education Act of 1965 (language 
        instruction);
            (2) up to $1,000,000 to carry out part A of title V of the 
        Higher Education Act of 1965 (Hispanic-serving institutions);
            (3) up to $500,000 to carry out part C of title I of the 
        Elementary and Secondary Education Act of 1965 (migrant 
        education);
            (4) up to an additional $3,000,000 to carry out high school 
        equivalency program activities under section 418A of the Higher 
        Education Act of 1965 (HEP);
            (5) up to an additional $500,000 to carry out college 
        assistance migrant program activities under section 418A of the 
        Higher Education Act of 1965 (CAMP); and
            (6) up to an additional $1,000,000 to carry out subpart 16 
        of part D of title V of the Elementary and Secondary Education 
        Act of 1965 (parental assistance and local family information 
        centers).
    This title may be cited as the ``Department of Education 
Appropriations Act, 2004''.

                       TITLE IV--RELATED AGENCIES

                      Armed Forces Retirement Home

    For expenses necessary for the Armed Forces Retirement Home to 
operate and maintain the Armed Forces Retirement Home--Washington and 
the Armed Forces Retirement Home--Gulfport, to be paid from funds 
available in the Armed Forces Retirement Home Trust Fund, $65,279,000, 
of which $1,983,000 shall remain available until expended for 
construction and renovation of the physical plants at the Armed Forces 
Retirement Home--Washington and the Armed Forces Retirement Home--
Gulfport.

             Corporation for National and Community Service

        domestic volunteer service programs, operating expenses

    For expenses necessary for the Corporation for National and 
Community Service to carry out the provisions of the Domestic Volunteer 
Service Act of 1973, as amended, $350,187,000: Provided, That none of 
the funds made available to the Corporation for National and Community 
Service in this Act for activities authorized by section 122 of Part C 
of Title I and Part E of Title II of the Domestic Volunteer Service Act 
of 1973 shall be used to provide stipends or other monetary incentives 
to volunteers or volunteer leaders whose incomes exceed 125 percent of 
the national poverty level.

                  Corporation for Public Broadcasting

    For payment to the Corporation for Public Broadcasting, as 
authorized by the Communications Act of 1934, an amount which shall be 
available within limitations specified by that Act, for the fiscal year 
2006, $400,000,000: Provided, That no funds made available to the 
Corporation for Public Broadcasting by this Act shall be used to pay 
for receptions, parties, or similar forms of entertainment for 
Government officials or employees: Provided further, That none of the 
funds contained in this paragraph shall be available or used to aid or 
support any program or activity from which any person is excluded, or 
is denied benefits, or is discriminated against, on the basis of race, 
color, national origin, religion, or sex: Provided further, That for 
fiscal year 2004, in addition to the amounts provided above, 
$55,000,000 shall be for costs related to digital program production, 
development, and distribution, associated with the transition of public 
broadcasting to digital broadcasting, to be awarded as determined by 
the Corporation in consultation with public radio and television 
licensees or permittees, or their designated representatives: Provided 
further, That for fiscal year 2004, in addition to the amounts provided 
above, $10,000,000 shall be for the costs associated with implementing 
the first phase of the next generation interconnection system.

               Federal Mediation and Conciliation Service

                         salaries and expenses

    For expenses necessary for the Federal Mediation and Conciliation 
Service to carry out the functions vested in it by the Labor Management 
Relations Act, 1947 (29 U.S.C. 171-180, 182-183), including hire of 
passenger motor vehicles; for expenses necessary for the Labor-
Management Cooperation Act of 1978 (29 U.S.C. 175a); and for expenses 
necessary for the Service to carry out the functions vested in it by 
the Civil Service Reform Act, Public Law 95-454 (5 U.S.C. ch. 71), 
$43,385,000, including $1,500,000, to remain available through 
September 30, 2005, for activities authorized by the Labor-Management 
Cooperation Act of 1978 (29 U.S.C. 175a): Provided, That 
notwithstanding 31 U.S.C. 3302, fees charged, up to full-cost recovery, 
for special training activities and other conflict resolution services 
and technical assistance, including those provided to foreign 
governments and international organizations, and for arbitration 
services shall be credited to and merged with this account, and shall 
remain available until expended: Provided further, That fees for 
arbitration services shall be available only for education, training, 
and professional development of the agency workforce: Provided further, 
That the Director of the Service is authorized to accept and use on 
behalf of the United States gifts of services and real, personal, or 
other property in the aid of any projects or functions within the 
Director's jurisdiction.

            Federal Mine Safety and Health Review Commission

                         salaries and expenses

    For expenses necessary for the Federal Mine Safety and Health 
Review Commission (30 U.S.C. 801 et seq.), $7,774,000.

                Institute of Museum and Library Services

    For carrying out the Museum and Library Services Act of 1996, 
$243,889,000, to remain available until expended.

                  Medicare Payment Advisory Commission

                         salaries and expenses

    For expenses necessary to carry out section 1805 of the Social 
Security Act, $9,000,000, to be transferred to this appropriation from 
the Federal Hospital Insurance and the Federal Supplementary Medical 
Insurance Trust Funds.

        National Commission on Libraries and Information Science

                         salaries and expenses

    For necessary expenses for the National Commission on Libraries and 
Information Science, established by the Act of July 20, 1970 (Public 
Law 91-345, as amended), $1,000,000.

                     National Council on Disability

                         salaries and expenses

    For expenses necessary for the National Council on Disability as 
authorized by title IV of the Rehabilitation Act of 1973, as amended, 
$3,339,000.

                     National Labor Relations Board

                         salaries and expenses

    For expenses necessary for the National Labor Relations Board to 
carry out the functions vested in it by the Labor-Management Relations 
Act, 1947, as amended (29 U.S.C. 141-167), and other laws, 
$246,073,000: Provided, That no part of this appropriation shall be 
available to organize or assist in organizing agricultural laborers or 
used in connection with investigations, hearings, directives, or orders 
concerning bargaining units composed of agricultural laborers as 
referred to in section 2(3) of the Act of July 5, 1935 (29 U.S.C. 152), 
and as amended by the Labor-Management Relations Act, 1947, as amended, 
and as defined in section 3(f) of the Act of June 25, 1938 (29 U.S.C. 
203), and including in said definition employees engaged in the 
maintenance and operation of ditches, canals, reservoirs, and waterways 
when maintained or operated on a mutual, nonprofit basis and at least 
95 percent of the water stored or supplied thereby is used for farming 
purposes.

                        National Mediation Board

                         salaries and expenses

    For expenses necessary to carry out the provisions of the Railway 
Labor Act, as amended (45 U.S.C. 151-188), including emergency boards 
appointed by the President, $11,421,000.

            Occupational Safety and Health Review Commission

                         salaries and expenses

    For expenses necessary for the Occupational Safety and Health 
Review Commission (29 U.S.C. 661), $9,610,000.

                       Railroad Retirement Board

                     dual benefits payments account

    For payment to the Dual Benefits Payments Account, authorized under 
section 15(d) of the Railroad Retirement Act of 1974, $119,000,000, 
which shall include amounts becoming available in fiscal year 2004 
pursuant to section 224(c)(1)(B) of Public Law 98-76; and in addition, 
an amount, not to exceed 2 percent of the amount provided herein, shall 
be available proportional to the amount by which the product of 
recipients and the average benefit received exceeds $119,000,000: 
Provided, That the total amount provided herein shall be credited in 12 
approximately equal amounts on the first day of each month in the 
fiscal year.

          federal payments to the railroad retirement accounts

    For payment to the accounts established in the Treasury for the 
payment of benefits under the Railroad Retirement Act for interest 
earned on unnegotiated checks, $150,000, to remain available through 
September 30, 2005, which shall be the maximum amount available for 
payment pursuant to section 417 of Public Law 98-76.

                      limitation on administration

    For necessary expenses for the Railroad Retirement Board for 
administration of the Railroad Retirement Act and the Railroad 
Unemployment Insurance Act, $99,350,000, to be derived in such amounts 
as determined by the Board from the railroad retirement accounts and 
from moneys credited to the railroad unemployment insurance 
administration fund.

             limitation on the office of inspector general

    For expenses necessary for the Office of Inspector General for 
audit, investigatory and review activities, as authorized by the 
Inspector General Act of 1978, as amended, not more than $6,322,000, to 
be derived from the railroad retirement accounts and railroad 
unemployment insurance account: Provided, That none of the funds made 
available in any other paragraph of this Act may be transferred to the 
Office; used to carry out any such transfer; used to provide any office 
space, equipment, office supplies, communications facilities or 
services, maintenance services, or administrative services for the 
Office; used to pay any salary, benefit, or award for any personnel of 
the Office; used to pay any other operating expense of the Office; or 
used to reimburse the Office for any service provided, or expense 
incurred, by the Office: Provided further, That funds made available 
under the heading in this Act, or subsequent Departments of Labor, 
Health and Human Services, and Education, and Related Agencies 
Appropriations Acts, may be used for any audit, investigation, or 
review of the Medicare program.

                     Social Security Administration

                payments to social security trust funds

    For payment to the Federal Old-Age and Survivors Insurance and the 
Federal Disability Insurance trust funds, as provided under sections 
201(m), 228(g), and 1131(b)(2) of the Social Security Act, $21,658,000.

                  supplemental security income program

    For carrying out titles XI and XVI of the Social Security Act, 
section 401 of Public Law 92-603, section 212 of Public Law 93-66, as 
amended, and section 405 of Public Law 95-216, including payment to the 
Social Security trust funds for administrative expenses incurred 
pursuant to section 201(g)(1) of the Social Security Act, 
$26,290,000,000, to remain available until expended: Provided, That any 
portion of the funds provided to a State in the current fiscal year and 
not obligated by the State during that year shall be returned to the 
Treasury.
    For making, after June 15 of the current fiscal year, benefit 
payments to individuals under title XVI of the Social Security Act, for 
unanticipated costs incurred for the current fiscal year, such sums as 
may be necessary.
    For making benefit payments under title XVI of the Social Security 
Act for the first quarter of fiscal year 2005, $12,590,000,000, to 
remain available until expended.

                 limitation on administrative expenses

    For necessary expenses, including the hire of two passenger motor 
vehicles, and not to exceed $20,000 for official reception and 
representation expenses, not more than $8,410,000,000 may be expended, 
as authorized by section 201(g)(1) of the Social Security Act, from any 
one or all of the trust funds referred to therein: Provided, That not 
less than $1,800,000 shall be for the Social Security Advisory Board: 
Provided further, That unobligated balances of funds provided under 
this paragraph at the end of fiscal year 2004 not needed for fiscal 
year 2004 shall remain available until expended to invest in the Social 
Security Administration information technology and telecommunications 
hardware and software infrastructure, including related equipment and 
non-payroll administrative expenses associated solely with this 
information technology and telecommunications infrastructure: Provided 
further, That reimbursement to the trust funds under this heading for 
expenditures for official time for employees of the Social Security 
Administration pursuant to section 7131 of title 5, United States Code, 
and for facilities or support services for labor organizations pursuant 
to policies, regulations, or procedures referred to in section 7135(b) 
of such title shall be made by the Secretary of the Treasury, with 
interest, from amounts in the general fund not otherwise appropriated, 
as soon as possible after such expenditures are made: Provided further, 
That $107,000,000 shall not be available for obligation until September 
30, 2004.
    In addition, $120,000,000 to be derived from administration fees in 
excess of $5.00 per supplementary payment collected pursuant to section 
1616(d) of the Social Security Act or section 212(b)(3) of Public Law 
93-66, which shall remain available until expended. To the extent that 
the amounts collected pursuant to such section 1616(d) or 212(b)(3) in 
fiscal year 2004 exceed $120,000,000, the amounts shall be available in 
fiscal year 2005 only to the extent provided in advance in 
appropriations Acts.
    From funds previously appropriated for this purpose, any 
unobligated balances at the end of fiscal year 2003 shall be available 
to continue Federal-State partnerships which will evaluate means to 
promote Medicare buy-in programs targeted to elderly and disabled 
individuals under titles XVIII and XIX of the Social Security Act.

                      office of inspector general

                     (including transfer of funds)

    For expenses necessary for the Office of Inspector General in 
carrying out the provisions of the Inspector General Act of 1978, as 
amended, $20,863,000, together with not to exceed $61,597,000, to be 
transferred and expended as authorized by section 201(g)(1) of the 
Social Security Act from the Federal Old-Age and Survivors Insurance 
Trust Fund and the Federal Disability Insurance Trust Fund.
    In addition, an amount not to exceed 3 percent of the total 
provided in this appropriation may be transferred from the ``Limitation 
on Administrative Expenses'', Social Security Administration, to be 
merged with this account, to be available for the time and purposes for 
which this account is available: Provided, That notice of such 
transfers shall be transmitted promptly to the Committees on 
Appropriations of the House and Senate.

                    United States Institute of Peace

                           operating expenses

    For necessary expenses of the United States Institute of Peace as 
authorized in the United States Institute of Peace Act, $17,200,000.

                      TITLE V--GENERAL PROVISIONS

    Sec. 501. The Secretaries of Labor, Health and Human Services, and 
Education are authorized to transfer unexpended balances of prior 
appropriations to accounts corresponding to current appropriations 
provided in this Act: Provided, That such transferred balances are used 
for the same purpose, and for the same periods of time, for which they 
were originally appropriated.
    Sec. 502. No part of any appropriation contained in this Act shall 
remain available for obligation beyond the current fiscal year unless 
expressly so provided herein.
    Sec. 503. (a) No part of any appropriation contained in this Act 
shall be used, other than for normal and recognized executive-
legislative relationships, for publicity or propaganda purposes, for 
the preparation, distribution, or use of any kit, pamphlet, booklet, 
publication, radio, television, or video presentation designed to 
support or defeat legislation pending before the Congress or any State 
legislature, except in presentation to the Congress or any State 
legislature itself.
    (b) No part of any appropriation contained in this Act shall be 
used to pay the salary or expenses of any grant or contract recipient, 
or agent acting for such recipient, related to any activity designed to 
influence legislation or appropriations pending before the Congress or 
any State legislature.
    Sec. 504. The Secretaries of Labor and Education are authorized to 
make available not to exceed $28,000 and $20,000, respectively, from 
funds available for salaries and expenses under titles I and III, 
respectively, for official reception and representation expenses; the 
Director of the Federal Mediation and Conciliation Service is 
authorized to make available for official reception and representation 
expenses not to exceed $5,000 from the funds available for ``Salaries 
and expenses, Federal Mediation and Conciliation Service''; and the 
Chairman of the National Mediation Board is authorized to make 
available for official reception and representation expenses not to 
exceed $5,000 from funds available for ``Salaries and expenses, 
National Mediation Board''.
    Sec. 505. Notwithstanding any other provision of this Act, no funds 
appropriated under this Act shall be used to carry out any program of 
distributing sterile needles or syringes for the hypodermic injection 
of any illegal drug.
    Sec. 506. (a) It is the sense of the Congress that, to the greatest 
extent practicable, all equipment and products purchased with funds 
made available in this Act should be American-made.
    (b) In providing financial assistance to, or entering into any 
contract with, any entity using funds made available in this Act, the 
head of each Federal agency, to the greatest extent practicable, shall 
provide to such entity a notice describing the statement made in 
subsection (a) by the Congress.
    (c) If it has been finally determined by a court or Federal agency 
that any person intentionally affixed a label bearing a ``Made in 
America'' inscription, or any inscription with the same meaning, to any 
product sold in or shipped to the United States that is not made in the 
United States, the person shall be ineligible to receive any contract 
or subcontract made with funds made available in this Act, pursuant to 
the debarment, suspension, and ineligibility procedures described in 
sections 9.400 through 9.409 of title 48, Code of Federal Regulations.
    Sec. 507. When issuing statements, press releases, requests for 
proposals, bid solicitations and other documents describing projects or 
programs funded in whole or in part with Federal money, all grantees 
receiving Federal funds included in this Act, including but not limited 
to State and local governments and recipients of Federal research 
grants, shall clearly state: (1) the percentage of the total costs of 
the program or project which will be financed with Federal money; (2) 
the dollar amount of Federal funds for the project or program; and (3) 
percentage and dollar amount of the total costs of the project or 
program that will be financed by non-governmental sources.
    Sec. 508. (a) None of the funds appropriated under this Act, and 
none of the funds in any trust fund to which funds are appropriated 
under this Act, shall be expended for any abortion.
    (b) None of the funds appropriated under this Act, and none of the 
funds in any trust fund to which funds are appropriated under this Act, 
shall be expended for health benefits coverage that includes coverage 
of abortion.
    (c) The term ``health benefits coverage'' means the package of 
services covered by a managed care provider or organization pursuant to 
a contract or other arrangement.
    Sec. 509. (a) The limitations established in the preceding section 
shall not apply to an abortion--
            (1) if the pregnancy is the result of an act of rape or 
        incest; or
            (2) in the case where a woman suffers from a physical 
        disorder, physical injury, or physical illness, including a 
        life-endangering physical condition caused by or arising from 
        the pregnancy itself, that would, as certified by a physician, 
        place the woman in danger of death unless an abortion is 
        performed.
    (b) Nothing in the preceding section shall be construed as 
prohibiting the expenditure by a State, locality, entity, or private 
person of State, local, or private funds (other than a State's or 
locality's contribution of Medicaid matching funds).
    (c) Nothing in the preceding section shall be construed as 
restricting the ability of any managed care provider from offering 
abortion coverage or the ability of a State or locality to contract 
separately with such a provider for such coverage with State funds 
(other than a State's or locality's contribution of Medicaid matching 
funds).
    Sec. 510. (a) None of the funds made available in this Act may be 
used for--
            (1) the creation of a human embryo or embryos for research 
        purposes; or
            (2) research in which a human embryo or embryos are 
        destroyed, discarded, or knowingly subjected to risk of injury 
        or death greater than that allowed for research on fetuses in 
        utero under 45 CFR 46.208(a)(2) and section 498(b) of the 
        Public Health Service Act (42 U.S.C. 289g(b)).
    (b) For purposes of this section, the term ``human embryo or 
embryos'' includes any organism, not protected as a human subject under 
45 CFR 46 as of the date of the enactment of this Act, that is derived 
by fertilization, parthenogenesis, cloning, or any other means from one 
or more human gametes or human diploid cells.
    Sec. 511. (a) None of the funds made available in this Act may be 
used for any activity that promotes the legalization of any drug or 
other substance included in schedule I of the schedules of controlled 
substances established by section 202 of the Controlled Substances Act 
(21 U.S.C. 812).
    (b) The limitation in subsection (a) shall not apply when there is 
significant medical evidence of a therapeutic advantage to the use of 
such drug or other substance or that federally sponsored clinical 
trials are being conducted to determine therapeutic advantage.
    Sec. 512. None of the funds made available in this Act may be 
obligated or expended to enter into or renew a contract with an entity 
if--
            (1) such entity is otherwise a contractor with the United 
        States and is subject to the requirement in section 4212(d) of 
        title 38, United States Code, regarding submission of an annual 
        report to the Secretary of Labor concerning employment of 
        certain veterans; and
            (2) such entity has not submitted a report as required by 
        that section for the most recent year for which such 
        requirement was applicable to such entity.
    Sec. 513. None of the funds made available in this Act may be used 
to promulgate or adopt any final standard under section 1173(b) of the 
Social Security Act (42 U.S.C. 1320d-2(b)) providing for, or providing 
for the assignment of, a unique health identifier for an individual 
(except in an individual's capacity as an employer or a health care 
provider), until legislation is enacted specifically approving the 
standard.
    Sec. 514. None of the funds made available in this Act may be 
transferred to any department, agency, or instrumentality of the United 
States Government, except pursuant to a transfer made by, or transfer 
authority provided in, this Act or any other appropriation Act.
    Sec. 515. (a) In General.--Amounts made available under this Act 
for the administrative and related expenses for departmental management 
for the Department of Labor, the Department of Health and Human 
Services, and the Department of Education shall be reduced on a pro 
rata basis by $52,190,000.
    (b) Limitation.--The reduction required by subsection (a) shall not 
apply to the Food and Drug Administration and the Indian Health 
Service.
    Sec. 516. In addition to any amounts otherwise appropriated under 
this Act for the Special Volunteers for Homeland Security program, 
there may be appropriated an additional $5,000,000 for such program.
    This Act may be cited as the ``Departments of Labor, Health and 
Human Services, and Education, and Related Agencies Appropriations Act, 
2004''.

            Attest:

                                                             Secretary.
108th CONGRESS

  1st Session

                               H. R. 2660

_______________________________________________________________________

                               AMENDMENT
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