108TH CONGRESS

1ST SESSION H. R. 2660

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.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
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1 That the following sums are appropriated, out of any

2 money in the Treasury not otherwise appropriated, for the

3 Departments of Labor, Health and Human Services, and

4 Education, and related agencies for the fiscal year ending

5 September 30, 2004, and for other purposes, namely:

6 TITLE I—DEPARTMENT OF LABOR

7 EMPLOYMENT AND TRAINING ADMINISTRATION

8 TRAINING AND EMPLOYMENT SERVICES

9 For necessary expenses of the Workforce Investment

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

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

12 buildings and other facilities, and the purchase of real

13 property for training centers as authorized by such Act;

14 $2,614,039,000 plus reimbursements, of which

15 $1,582,858,000 is available for obligation for the period

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

17 determined by the Secretary of Labor to be necessary pur18 suant to sections 173(a)(4)(A) and 174(c) of such Act

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

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

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

22 $30,216,000 is available for the period July 1, 2004

23 through June 30, 2007 for necessary expenses of construc24 tion, rehabilitation, and acquisition of Job Corps centers:

25 Provided, That notwithstanding any other provision of
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1 law, of the funds provided herein under section 137(c) of

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

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

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

5 such Act: Provided further, That, notwithstanding any

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

7 shall be for carrying out section 167 of such Act, including

8 $56,000,000 for formula grants and $3,600,000 for mi9 grant and seasonal housing, including permanent housing,

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

11 further, That funds appropriated under this heading in

12 Public Law 108–7 for migrant and seasonal farmworkers

13 housing shall be made available only under the terms and

14 conditions in effect June 30, 2002, and shall include fund15 ing for permanent housing: Provided further, That not16 withstanding the transfer limitation under section

17 133(b)(4) of such Act, up to 30 percent of such funds

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

19 Governor: Provided further, That funds provided to carry

20 out section 171(d) of such Act may be used for demonstra21 tion projects that provide assistance to new entrants in

22 the workforce and incumbent workers: Provided further,

23 That no funds from any other appropriation shall be used

24 to provide meal services at or for Job Corps centers: Pro25 vided further, That notwithstanding any other provision of
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1 law, funds awarded under a grant issued by the Depart2 ment of Labor pursuant to section 173 of such Act on

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

4 may be used to provide services to spouses of military per5 sonnel.

6 For necessary expenses of the Workforce Investment

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

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

9 buildings and other facilities, and the purchase of real

10 property for training centers as authorized by such Act;

11 $2,463,000,000 plus reimbursements, of which

12 $2,363,000,000 is available for obligation for the period

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

14 $100,000,000 is available for the period October 1, 2004

15 through June 30, 2007, for necessary expenses of con16 struction, rehabilitation, and acquisition of Job Corps cen17 ters.

18 COMMUNITY SERVICE EMPLOYMENT FOR OLDER

19 AMERICANS

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

21 1965, as amended, $440,200,000.

22 FEDERAL UNEMPLOYMENT BENEFITS AND ALLOWANCES

23 For payments during the current fiscal year of trade

24 adjustment benefit payments and allowances under part

25 I; and for training, allowances for job search and reloca26 tion, and related State administrative expenses under part
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1 II, subchapters B and D, chapter 2, title II of the Trade

2 Act of 1974 as amended (including the benefits and serv3 ices described under sections 123(c)(2) and 151 (b) and

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

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

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

7 the subsequent appropriation for payments for any period

8 subsequent to September 15 of the current year.

9 STATE UNEMPLOYMENT INSURANCE AND EMPLOYMENT

10 SERVICE OPERATIONS

11 For authorized administrative expenses,

12 $142,520,000, together with not to exceed

13 $3,472,861,000 (including not to exceed $1,228,000

14 which may be used for amortization payments to States

15 which had independent retirement plans in their State em16 ployment service agencies prior to 1980), which may be

17 expended from the Employment Security Administration

18 Account in the Unemployment Trust Fund including the

19 cost of administering section 51 of the Internal Revenue

20 Code of 1986, as amended, section 7(d) of the Wagner21 Peyser Act, as amended, the Trade Act of 1974, as

22 amended, the Immigration Act of 1990, and the Immigra23 tion and Nationality Act, as amended, and of which the

24 sums available in the allocation for activities authorized

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

26 U.S.C. 502–504), and the sums available in the allocation
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1 for necessary administrative expenses for carrying out 5

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

3 States through December 31, 2004, except that funds

4 used for automation acquisitions shall be available for obli5 gation by the States through September 30, 2006; of

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

7 $768,257,000 of the amount which may be expended from

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

9 period July 1, 2004 through June 30, 2005, to fund ac10 tivities under the Act of June 6, 1933, as amended, in11 cluding the cost of penalty mail authorized under 39

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

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

14 that the Average Weekly Insured Unemployment (AWIU)

15 for fiscal year 2004 is projected by the Department of

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

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

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

19 increment less than 100,000) from the Employment Secu20 rity Administration Account of the Unemployment Trust

21 Fund: Provided further, That funds appropriated in this

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

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

24 activities of the Federal-State unemployment insurance

25 programs, may be obligated in contracts, grants or agree-
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1 ments with non-State entities: Provided further, That

2 funds appropriated under this Act for activities authorized

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

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

5 fund integrated Employment Service and Unemployment

6 Insurance automation efforts, notwithstanding cost alloca7 tion principles prescribed under Office of Management

8 and Budget Circular A–87.

9 ADVANCES TO THE UNEMPLOYMENT TRUST FUND AND

10 OTHER FUNDS

11 For repayable advances to the Unemployment Trust

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

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

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

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

16 for nonrepayable advances to the Unemployment Trust

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

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

19 and allowances’’ account, to remain available until Sep20 tember 30, 2005, $467,000,000.

21 In addition, for making repayable advances to the

22 Black Lung Disability Trust Fund in the current fiscal

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

24 Black Lung Disability Trust Fund in the current fiscal

25 year, such sums as may be necessary.
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1 PROGRAM ADMINISTRATION

2 For expenses of administering employment and train3 ing programs, $115,824,000, including $2,393,000 to ad4 minister welfare-to-work grants, together with not to ex5 ceed $56,503,000, which may be expended from the Em6 ployment Security Administration Account in the Unem7 ployment Trust Fund.

8 EMPLOYEE BENEFITS SECURITY ADMINISTRATION

9 SALARIES AND EXPENSES

10 For necessary expenses for the Employee Benefits

11 Security Administration $128,605,000.

12 PENSION BENEFIT GUARANTY CORPORATION

13 PENSION BENEFIT GUARANTY CORPORATION FUND

14 The Pension Benefit Guaranty Corporation is author15 ized to make such expenditures, including financial assist16 ance authorized by section 104 of Public Law 96–364,

17 within limits of funds and borrowing authority available

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

19 such contracts and commitments without regard to fiscal

20 year limitations as provided by section 104 of the Govern21 ment Corporation Control Act, as amended (31 U.S.C.

22 9104), as may be necessary in carrying out the program

23 through September 30, 2004, for such Corporation: Pro24 vided, That none of the funds available to the Corporation

25 for fiscal year 2004 shall be available for obligations for
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1 administrative expenses in excess of $228,772,000: Pro2 vided further, That obligations in excess of such amount

3 may be incurred after approval by the Office of Manage4 ment and Budget and the Committees on Appropriations

5 of the House and the Senate.

6 EMPLOYMENT STANDARDS ADMINISTRATION

7 SALARIES AND EXPENSES

8 For necessary expenses for the Employment Stand9 ards Administration, including reimbursement to State,

10 Federal, and local agencies and their employees for inspec11 tion services rendered, $395,697,000, together with

12 $2,056,000 which may be expended from the Special Fund

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

14 Longshore and Harbor Workers’ Compensation Act: Pro15 vided, That $1,250,000 shall be for the development of

16 an alternative system for the electronic submission of re17 ports required to be filed under the Labor-Management

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

19 for a computer database of the information for each sub20 mission by whatever means, that is indexed and easily

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

22 That the Secretary of Labor is authorized to accept, re23 tain, and spend, until expended, in the name of the De24 partment of Labor, all sums of money ordered to be paid

25 to the Secretary of Labor, in accordance with the terms
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1 of the Consent Judgment in Civil Action No. 91–0027 of

2 the United States District Court for the District of the

3 Northern Mariana Islands (May 21, 1992): Provided fur4 ther, That the Secretary of Labor is authorized to estab5 lish and, in accordance with 31 U.S.C. 3302, collect and

6 deposit in the Treasury fees for processing applications

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

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

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

10 and issuing registrations under title I of the Migrant and

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

12 1801 et seq.).

13 SPECIAL BENEFITS

14 (INCLUDING TRANSFER OF FUNDS)

15 For the payment of compensation, benefits, and ex16 penses (except administrative expenses) accruing during

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

18 chapter 81 of the United States Code; continuation of ben19 efits as provided for under the heading ‘‘Civilian War Ben20 efits’’ in the Federal Security Agency Appropriation Act,

21 1947; the Employees’ Compensation Commission Appro22 priation Act, 1944; sections 4(c) and 5(f) of the War

23 Claims Act of 1948 (50 U.S.C. App. 2012); and 50 per24 cent of the additional compensation and benefits required

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

26 Compensation Act, as amended, $163,000,000, together
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1 with such amounts as may be necessary to be charged to

2 the subsequent year appropriation for the payment of

3 compensation and other benefits for any period subse4 quent to August 15 of the current year: Provided, That

5 amounts appropriated may be used under section 8104 of

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

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

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

9 disabled beneficiary: Provided further, That balances of re10 imbursements unobligated on September 30, 2002, shall

11 remain available until expended for the payment of com12 pensation, benefits, and expenses: Provided further, That

13 in addition there shall be transferred to this appropriation

14 from the Postal Service and from any other corporation

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

16 5, United States Code, to pay an amount for its fair share

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

18 determines to be the cost of administration for employees

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

20 Provided further, That of those funds transferred to this

21 account from the fair share entities to pay the cost of ad22 ministration of the Federal Employees’ Compensation Act,

23 $39,315,000 shall be made available to the Secretary as

24 follows: (1) for enhancement and maintenance of auto25 mated data processing systems and telecommunications
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1 systems, $11,618,000; (2) for automated workload proc2 essing operations including document imaging, centralized

3 mail intake and medical bill processing, $14,496,000; (3)

4 for periodic roll management and medical review,

5 $13,210,000; and (4) the remaining funds shall be paid

6 into the Treasury as miscellaneous receipts: Provided fur7 ther, That the Secretary may require that any person fil8 ing a notice of injury or a claim for benefits under chapter

9 81 of title 5, United States Code, or 33 U.S.C. 901 et

10 seq., provide as part of such notice and claim, such identi11 fying information (including Social Security account num12 ber) as such regulations may prescribe.

13 SPECIAL BENEFITS FOR DISABLED COAL MINERS

14 For carrying out title IV of the Federal Mine Safety

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

16 275 (the ‘‘Act’’), $300,000,000, to remain available until

17 expended.

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

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

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

21 as may be necessary.

22 For making benefit payments under title IV of the

23 first quarter of fiscal year 2005, $88,000,000, to remain

24 available until expended.
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1 ADMINISTRATIVE EXPENSES, ENERGY EMPLOYEES

2 OCCUPATIONAL ILLNESS COMPENSATION FUND

3 (INCLUDING TRANSFER OF FUNDS)

4 For necessary expenses to administer the Energy

5 Employees Occupational Illness Compensation Act,

6 $55,074,000 to remain available until expended: Provided,

7 That the Secretary of Labor is authorized to transfer to

8 any executive agency with authority under the Energy

9 Employees Occupational Illness Compensation Act, includ10 ing within the Department of Labor, such sums as may

11 be necessary in fiscal year 2004 to carry out those authori12 ties: Provided further, That the Secretary may require that

13 any person filing a claim for benefits under the Act pro14 vide as part of such claim, such identifying information

15 (including Social Security account number) as may be pre16 scribed.

17 BLACK LUNG DISABILITY TRUST FUND

18 (INCLUDING TRANSFER OF FUNDS)

19 Beginning in fiscal year 2004 and thereafter, such

20 sums as may be necessary from the Black Lung Disability

21 Trust Fund, to remain available until expended, for pay22 ment of all benefits authorized by section 9501(d)(1), (2),

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

24 amended; and interest on advances, as authorized by sec25 tion 9501(c)(2) of that Act. In addition, the following

26 amounts shall be available from the Fund for fiscal year
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1 2004 for expenses of operation and administration of the

2 Black Lung Benefits program, as authorized by section

3 9501(d)(5): $32,004,000 for transfer to the Employment

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

5 $23,401,000 for transfer to Departmental Management,

6 ‘‘Salaries and Expenses’’; $338,000 for transfer to De7 partmental Management, ‘‘Office of Inspector General’’;

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

9 the expenses of the Department of the Treasury.

10 OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION

11 SALARIES AND EXPENSES

12 For necessary expenses for the Occupational Safety

13 and Health Administration, $450,008,000, including not

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

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

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

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

18 of State occupational safety and health programs required

19 to be incurred under plans approved by the Secretary

20 under section 18 of the Act; and, in addition, notwith21 standing 31 U.S.C. 3302, the Occupational Safety and

22 Health Administration may retain up to $750,000 per fis23 cal year of training institute course tuition fees, otherwise

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

25 sums for occupational safety and health training and edu-
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1 cation grants: Provided, That, notwithstanding 31 U.S.C.

2 3302, the Secretary of Labor is authorized, during the fis3 cal year ending September 30, 2004, to collect and retain

4 fees for services provided to Nationally Recognized Test5 ing Laboratories, and may utilize such sums, in accord6 ance with the provisions of 29 U.S.C. 9a, to administer

7 national and international laboratory recognition pro8 grams that ensure the safety of equipment and products

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

10 none of the funds appropriated under this paragraph shall

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

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

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

14 in a farming operation which does not maintain a tem15 porary labor camp and employs 10 or fewer employees:

16 Provided further, That no funds appropriated under this

17 paragraph shall be obligated or expended to administer or

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

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

20 who is included within a category having an occupational

21 injury lost workday case rate, at the most precise Stand22 ard Industrial Classification Code for which such data are

23 published, less than the national average rate as such

24 rates are most recently published by the Secretary, acting
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1 through the Bureau of Labor Statistics, in accordance

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

3 (1) to provide, as authorized by such Act, con4 sultation, technical assistance, educational and train5 ing services, and to conduct surveys and studies;

6 (2) to conduct an inspection or investigation in

7 response to an employee complaint, to issue a cita8 tion for violations found during such inspection, and

9 to assess a penalty for violations which are not cor10 rected within a reasonable abatement period and for

11 any willful violations found;

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

13 with respect to imminent dangers;

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

15 with respect to health hazards;

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

17 with respect to a report of an employment accident

18 which is fatal to one or more employees or which re19 sults in hospitalization of two or more employees,

20 and to take any action pursuant to such investiga21 tion authorized by such Act; and

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

23 with respect to complaints of discrimination against

24 employees for exercising rights under such Act: Pro25 vided further, That the foregoing proviso shall not
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1 apply to any person who is engaged in a farming op2 eration which does not maintain a temporary labor

3 camp and employs 10 or fewer employees.

4 MINE SAFETY AND HEALTH ADMINISTRATION

5 SALARIES AND EXPENSES

6 For necessary expenses for the Mine Safety and

7 Health Administration, $266,767,000, including purchase

8 and bestowal of certificates and trophies in connection

9 with mine rescue and first-aid work, and the hire of pas10 senger motor vehicles; including up to $1,000,000 for

11 mine rescue and recovery activities, which shall be avail12 able only to the extent that fiscal year 2004 obligations

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

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

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

16 the sale of training materials, otherwise authorized by law

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

18 education and training activities, notwithstanding 31

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

20 Administration may retain up to $1,000,000 from fees col21 lected for the approval and certification of equipment, ma22 terials, and explosives for use in mines, and may utilize

23 such sums for such activities; the Secretary is authorized

24 to accept lands, buildings, equipment, and other contribu25 tions from public and private sources and to prosecute
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1 projects in cooperation with other agencies, Federal,

2 State, or private; the Mine Safety and Health Administra3 tion is authorized to promote health and safety education

4 and training in the mining community through cooperative

5 programs with States, industry, and safety associations;

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

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

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

9 major disaster.

10 BUREAU OF LABOR STATISTICS

11 SALARIES AND EXPENSES

12 For necessary expenses for the Bureau of Labor Sta13 tistics, including advances or reimbursements to State,

14 Federal, and local agencies and their employees for serv15 ices rendered, $437,152,000, together with not to exceed

16 $75,110,000, which may be expended from the Employ17 ment Security Administration Account in the Unemploy18 ment Trust Fund.

19 OFFICE OF DISABILITY EMPLOYMENT POLICY

20 SALARIES AND EXPENSES

21 For necessary expenses for the Office of Disability

22 Employment Policy to provide leadership, develop policy

23 and initiatives, and award grants furthering the objective

24 of eliminating barriers to the training and employment of

25 people with disabilities, $47,333,000.
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1 DEPARTMENTAL MANAGEMENT

2 SALARIES AND EXPENSES

3 For necessary expenses for Departmental Manage4 ment, including the hire of three sedans; $48,565,000 for

5 the acquisition of Departmental information technology,

6 architecture, infrastructure, equipment, software and re7 lated needs which will be allocated by the Department’s

8 Chief Information Officer in accordance with the Depart9 ment’s capital investment management process to assure

10 a sound investment management process to assure a

11 sound investment strategy; $252,701,000; together with

12 not to exceed $317,000, which may be expended from the

13 Employment Security Administration Account in the Un14 employment Trust Fund: Provided, That no funds made

15 available by this Act may be used by the Solicitor of Labor

16 to participate in a review in any United States court of

17 appeals of any decision made by the Benefits Review

18 Board under section 21 of the Longshore and Harbor

19 Workers’ Compensation Act (33 U.S.C. 921) where such

20 participation is precluded by the decision of the United

21 States Supreme Court in Director, Office of Workers’

22 Compensation Programs v. Newport News Shipbuilding,

23 115 S. Ct. 1278 (1995), notwithstanding any provisions

24 to the contrary contained in Rule 15 of the Federal Rules

25 of Appellate Procedure: Provided further, That no funds
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1 made available by this Act may be used by the Secretary

2 of Labor to review a decision under the Longshore and

3 Harbor Workers’ Compensation Act (33 U.S.C. 901 et

4 seq.) that has been appealed and that has been pending

5 before the Benefits Review Board for more than 12

6 months: Provided further, That any such decision pending

7 a review by the Benefits Review Board for more than 1

8 year shall be considered affirmed by the Benefits Review

9 Board on the 1-year anniversary of the filing of the ap10 peal, and shall be considered the final order of the Board

11 for purposes of obtaining a review in the United States

12 courts of appeals: Provided further, That these provisions

13 shall not be applicable to the review or appeal of any deci14 sion issued under the Black Lung Benefits Act (30 U.S.C.

15 901 et seq.).

16 VETERANS EMPLOYMENT AND TRAINING

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

18 Employment Security Administration Account in the Un19 employment Trust Fund to carry out the provisions of 38

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

21 Public Law 103–353, and which shall be available for obli22 gation by the States through December 31, 2004, of which

23 $2,000,000 is for the National Veterans’ Employment and

24 Training Services Institute. To carry out the Homeless

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

26 the Veterans Workforce Investment Programs (29 U.S.C.
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1 2913), $26,550,000 of which $7,550,000 shall be available

2 for obligation for the period July 1, 2004 through June

3 30, 2005.

4 OFFICE OF INSPECTOR GENERAL

5 For salaries and expenses of the Office of Inspector

6 General in carrying out the provisions of the Inspector

7 General Act of 1978, as amended, $60,896,000, together

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

9 from the Employment Security Administration Account in

10 the Unemployment Trust Fund.

11 WORKING CAPITAL FUND

12 For the acquisition of a new core accounting system

13 for the Department of Labor, including hardware and

14 software infrastructure and the costs associated with im15 plementation thereof, $18,000,000.

16 GENERAL PROVISIONS

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

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

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

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

21 II.

22 (TRANSFER OF FUNDS)

23 SEC. 102. Not to exceed 1 percent of any discre24 tionary funds (pursuant to the Balanced Budget and

25 Emergency Deficit Control Act of 1985, as amended)

26 which are appropriated for the current fiscal year for the
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1 Department of Labor in this Act may be transferred be2 tween appropriations, but no such appropriation shall be

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

4 Provided, That the Appropriations Committees of both

5 Houses of Congress are notified at least 15 days in ad6 vance of any transfer.

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

8 Appropriations Act, 2004’’.

9 TITLE II—DEPARTMENT OF HEALTH AND

10 HUMAN SERVICES

11 HEALTH RESOURCES AND SERVICES ADMINISTRATION

12 HEALTH RESOURCES AND SERVICES

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

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

15 427(a) of the Federal Coal Mine Health and Safety Act,

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

17 Security Act, the Health Care Quality Improvement Act

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

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

20 of 2000, and the Poison Control Center Enhancement and

21 Awareness Act, $6,252,256,000, of which $39,740,000

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

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

24 the Medicare rural hospital flexibility grants program

25 under section 1820 of such Act: Provided, That of the
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1 funds made available under this heading, $248,000 shall

2 be available until expended for facilities renovations at the

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

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

5 the Health Care Quality Improvement Act of 1986, fees

6 shall be collected for the full disclosure of information

7 under the Act sufficient to recover the full costs of oper8 ating the National Practitioner Data Bank, and shall re9 main available until expended to carry out that Act: Pro10 vided further, That fees collected for the full disclosure of

11 information under the ‘‘Health Care Fraud and Abuse

12 Data Collection Program’’, authorized by section

13 1128E(d)(2) of the Social Security Act, shall be sufficient

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

15 shall remain available until expended to carry out that

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

17 available for carrying out the provisions of Public Law

18 104–73: Provided further, That of the funds made avail19 able under this heading, $273,350,000 shall be for the

20 program under title X of the Public Health Service Act

21 to provide for voluntary family planning projects: Provided

22 further, That amounts provided to said projects under

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

24 pregnancy counseling shall be nondirective, and that such

25 amounts shall not be expended for any activity (including
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1 the publication or distribution of literature) that in any

2 way tends to promote public support or opposition to any

3 legislative proposal or candidate for public office: Provided

4 further, That $753,317,000 shall be for State AIDS Drug

5 Assistance Programs authorized by section 2616 of the

6 Public Health Service Act: Provided further, That notwith7 standing section 502(a)(1) of the Social Security Act, not

8 to exceed $117,831,000 is for carrying out special projects

9 of regional and national significance pursuant to section

10 501(l)(2): Provided further, That $65,000,000 is available

11 for special projects of regional and national significance

12 under section 501(a)(2) of the Social Security Act, which

13 shall not be counted toward compliance with the allocation

14 required in section 502(a)(1) of such Act, and which shall

15 be used only for making competitive grants to provide ab16 stinence education (as defined in section 510(b)(2) of such

17 Act) to adolescents and for evaluations (including longitu18 dinal evaluations) of activities under the grants and for

19 Federal costs of administering the grants: Provided fur20 ther, That grants under the immediately preceding proviso

21 shall be made only to public and private entities which

22 agree that, with respect to an adolescent to whom the enti23 ties provide abstinence education under such grant, the

24 entities will not provide to that adolescent any other edu25 cation regarding sexual conduct, except that, in the case
25

•HR 2660 EH

1 of an entity expressly required by law to provide health

2 information or services the adolescent shall not be pre3 cluded from seeking health information or services from

4 the entity in a different setting than the setting in which

5 the abstinence education was provided: Provided further,

6 That the funds expended for such evaluations may not ex7 ceed 3.5 percent of such amount.

8 HEALTH EDUCATION ASSISTANCE LOANS PROGRAM

9 ACCOUNT

10 Such sums as may be necessary to carry out the pur11 pose of the program, as authorized by title VII of the Pub12 lic Health Service Act, as amended. For administrative ex13 penses to carry out the guaranteed loan program, includ14 ing section 709 of the Public Health Service Act,

15 $3,389,000.

16 VACCINE INJURY COMPENSATION PROGRAM TRUST FUND

17 For payments from the Vaccine Injury Compensation

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

19 claims associated with vaccine-related injury or death with

20 respect to vaccines administered after September 30,

21 1988, pursuant to subtitle 2 of title XXI of the Public

22 Health Service Act, to remain available until expended:

23 Provided, That for necessary administrative expenses, not

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

25 Fund to the Secretary of Health and Human Services.
26

•HR 2660 EH

1 CENTERS FOR DISEASE CONTROL AND PREVENTION

2 DISEASE CONTROL, RESEARCH, AND TRAINING

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

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

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

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

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

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

10 including (purchase and) insurance of official motor vehi11 cles in foreign countries; and hire, maintenance, and oper12 ation of aircraft, $4,588,671,000, of which $206,000,000

13 shall remain available until expended for equipment, and

14 construction and renovation of facilities, and of which

15 $242,569,000 for international HIV/AIDS shall remain

16 available until September 30, 2005, including not less

17 than $100,000,000, to remain available until expended,

18 for the ‘‘International Mother and Child HIV Prevention

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

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

21 account: Provided, That in addition to amounts provided

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

24 to carry out the National Center for Health Statistics sur25 veys: Provided further, That none of the funds made avail-
27

•HR 2660 EH

1 able for injury prevention and control at the Centers for

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

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

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

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

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

9 further, That not to exceed $12,500,000 may be available

10 for making grants under section 1509 of the Public

11 Health Service Act to not more than 15 States: Provided

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

14 the Centers for Disease Control and Prevention, with

15 property acquisition, including a long-term ground lease

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

18 Colorado area: Provided further, That notwithstanding any

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

21 be employed which collectively include the full scope of the

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

24 at 48 CFR 52.232–18.
28

•HR 2660 EH

1 NATIONAL INSTITUTES OF HEALTH

2 NATIONAL CANCER INSTITUTE

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

5 $4,770,519,000.

6 NATIONAL HEART, LUNG, AND BLOOD INSTITUTE

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

9 and blood diseases, and blood and blood products,

10 $2,867,995,000.

11 NATIONAL INSTITUTE OF DENTAL AND CRANIOFACIAL

12 RESEARCH

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

15 $382,396,000.

16 NATIONAL INSTITUTE OF DIABETES AND DIGESTIVE

17 AND KIDNEY DISEASES

18 For carrying out section 301 and title IV of the Pub19 lic Health Service Act with respect to diabetes and diges20 tive and kidney disease, $1,670,007,000.

21 NATIONAL INSTITUTE OF NEUROLOGICAL DISORDERS

22 AND STROKE

23 For carrying out section 301 and title IV of the Pub24 lic Health Service Act with respect to neurological dis25 orders and stroke, $1,468,926,000.
29

•HR 2660 EH

1 NATIONAL INSTITUTE OF ALLERGY AND INFECTIOUS

2 DISEASES

3 (INCLUDING TRANSFER OF FUNDS)

4 For carrying out section 301 and title IV of the Pub5 lic Health Service Act with respect to allergy and infec6 tious diseases, $4,335,255,000: Provided, That

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

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

11 NATIONAL INSTITUTE OF GENERAL MEDICAL SCIENCES

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

14 sciences, $1,923,133,000.

15 NATIONAL INSTITUTE OF CHILD HEALTH AND HUMAN

16 DEVELOPMENT

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

19 human development, $1,245,371,000.

20 NATIONAL EYE INSTITUTE

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

23 visual disorders, $648,299,000.
30

•HR 2660 EH

1 NATIONAL INSTITUTE OF ENVIRONMENTAL HEALTH

2 SCIENCES

3 For carrying out sections 301 and 311 and title IV

4 of the Public Health Service Act with respect to environ5 mental health sciences, $630,774,000.

6 NATIONAL INSTITUTE ON AGING

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

9 $994,411,000.

10 NATIONAL INSTITUTE OF ARTHRITIS AND

11 MUSCULOSKELETAL AND SKIN DISEASES

12 For carrying out section 301 and title IV of the Pub13 lic Health Service Act with respect to arthritis and mus14 culoskeletal and skin diseases, $502,778,000.

15 NATIONAL INSTITUTE ON DEAFNESS AND OTHER

16 COMMUNICATION DISORDERS

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

19 communication disorders, $380,377,000.

20 NATIONAL INSTITUTE OF NURSING RESEARCH

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

23 $134,579,000.
31

•HR 2660 EH

1 NATIONAL INSTITUTE ON ALCOHOL ABUSE AND

2 ALCOHOLISM

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

5 alcoholism, $430,121,000.

6 NATIONAL INSTITUTE ON DRUG ABUSE

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

9 $995,614,000.

10 NATIONAL INSTITUTE OF MENTAL HEALTH

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

13 $1,382,114,000.

14 NATIONAL HUMAN GENOME RESEARCH INSTITUTE

15 For carrying out section 301 and title IV of the Pub16 lic Health Service Act with respect to human genome re17 search, $478,072,000.

18 NATIONAL INSTITUTE OF BIOMEDICAL IMAGING AND

19 BIOENGINEERING

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

22 and bioengineering research, $282,109,000.

23 NATIONAL CENTER FOR RESEARCH RESOURCES

24 For carrying out section 301 and title IV of the Pub25 lic Health Service Act with respect to research resources
32

•HR 2660 EH

1 and general research support grants, $1,053,926,000:

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

3 recipients of the general research support grants program

4 any amount for indirect expenses in connection with such

5 grants.

6 NATIONAL CENTER FOR COMPLEMENTARY AND

7 ALTERNATIVE MEDICINE

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

10 alternative medicine, $116,202,000.

11 NATIONAL CENTER ON MINORITY HEALTH AND HEALTH

12 DISPARITIES

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

15 health disparities research, $192,724,000.

16 JOHN E. FOGARTY INTERNATIONAL CENTER

17 For carrying out the activities at the John E.

18 Fogarty International Center, $64,266,000.

19 NATIONAL LIBRARY OF MEDICINE

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

22 communications, $316,040,000, of which $4,000,000 shall

23 be available until expended for improvement of informa24 tion systems: Provided, That in fiscal year 2004, the Li25 brary may enter into personal services contracts for the
33

•HR 2660 EH

1 provision of services in facilities owned, operated, or con2 structed under the jurisdiction of the National Institutes

3 of Health.

4 OFFICE OF THE DIRECTOR

5 (INCLUDING TRANSFER OF FUNDS)

6 For carrying out the responsibilities of the Office of

7 the Director, National Institutes of Health, $317,983,000:

8 Provided, That funding shall be available for the purchase

9 of not to exceed 29 passenger motor vehicles for replace10 ment only: Provided further, That the Director may direct

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

12 or any other Act to all National Institutes of Health ap13 propriations to activities the Director may so designate:

14 Provided further, That no such appropriation shall be de15 creased by more than 1 percent by any such transfers and

16 that the Congress is promptly notified of the transfer: Pro17 vided further, That the National Institutes of Health is

18 authorized to collect third party payments for the cost of

19 clinical services that are incurred in National Institutes

20 of Health research facilities and that such payments shall

21 be credited to the National Institutes of Health Manage22 ment Fund: Provided further, That all funds credited to

23 the National Institutes of Health Management Fund shall

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

25 which they are deposited: Provided further, That up to
34

•HR 2660 EH

1 $500,000 shall be available to carry out section 499 of

2 the Public Health Service Act.

3 BUILDINGS AND FACILITIES

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

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

6 National Institutes of Health, including the acquisition of

7 real property, $80,000,000, to remain available until ex8 pended.

9 SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES

10 ADMINISTRATION

11 SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES

12 For carrying out titles V and XIX of the Public

13 Health Service Act with respect to substance abuse and

14 mental health services, the Protection and Advocacy for

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

16 the Public Health Service Act with respect to program

17 management, $3,329,000,000: Provided further, That in

18 addition to amounts provided herein, $16,000,000 shall be

19 made available from amounts available under section 241

20 of the Public Health Service Act to carry out national sur21 veys on drug abuse.

22 AGENCY FOR HEALTHCARE RESEARCH AND QUALITY

23 HEALTHCARE RESEARCH AND QUALITY

24 For carrying out titles III and IX of the Public

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

26 Security Act, amounts received from Freedom of Informa-
35

•HR 2660 EH

1 tion Act fees, reimbursable and interagency agreements,

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

3 and shall remain available until expended: Provided, That

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

5 the Public Health Service Act shall not exceed

6 $303,695,000: Provided, That, of the funds made avail7 able under this heading, $12,000,000 shall be for the con8 duct of research on the comparative effectiveness, cost-ef9 fectiveness, and safety of drugs, biological products, and

10 devices under subparagraph (B) of section 912(b)(2) of

11 the Public Health Service Act (42 U.S.C. 299b–1(b)(2)).

12 CENTERS FOR MEDICARE AND MEDICAID SERVICES

13 GRANTS TO STATES FOR MEDICAID

14 For carrying out, except as otherwise provided, titles

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

16 to remain available until expended.

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

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

19 quarter of fiscal year 2004 for unanticipated costs, in20 curred for the current fiscal year, such sums as may be

21 necessary.

22 For making payments to States or in the case of sec23 tion 1928 on behalf of States under title XIX of the Social

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

25 $58,416,275,000, to remain available until expended.
36

•HR 2660 EH

1 Payment under title XIX may be made for any quar2 ter with respect to a State plan or plan amendment in

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

4 quarter and approved in that or any subsequent quarter.

5 PAYMENTS TO HEALTH CARE TRUST FUNDS

6 For payment to the Federal Hospital Insurance and

7 the Federal Supplementary Medical Insurance Trust

8 Funds, as provided under section 1844 of the Social Secu9 rity Act, sections 103(c) and 111(d) of the Social Security

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

11 248, and for administrative expenses incurred pursuant

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

13 $95,084,100,000.

14 PROGRAM MANAGEMENT

15 For carrying out, except as otherwise provided, titles

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

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

18 the Clinical Laboratory Improvement Amendments of

19 1988, not to exceed $2,698,025,000, to be transferred

20 from the Federal Hospital Insurance and the Federal Sup21 plementary Medical Insurance Trust Funds, as authorized

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

23 all funds collected in accordance with section 353 of the

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

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

26 from authorized user fees and the sale of data, which shall
37

•HR 2660 EH

1 remain available until expended, and together with admin2 istrative fees collected relative to Medicare overpayment

3 recovery activities, which shall remain available until ex4 pended: Provided, That all funds derived in accordance

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

6 title XIII of the Public Health Service Act shall be cred7 ited to and available for carrying out the purposes of this

8 appropriation: Provided further, That $65,000,000, to re9 main available until September 30, 2005, is for contract

10 costs for CMS’ Systems Revitalization Plan: Provided fur11 ther, That $56,991,000, to remain available until Sep12 tember 30, 2005, is for contract costs for the Healthcare

13 Integrated General Ledger Accounting System: Provided

14 further, That $129,000,000 shall be for processing Medi15 care appeals: Provided further, That the Secretary of

16 Health and Human Services is directed to collect fees in

17 fiscal year 2004 from Medicare+Choice organizations

18 pursuant to section 1857(e)(2) of the Social Security Act

19 and from eligible organizations with risk-sharing contracts

20 under section 1876 of that Act pursuant to section

21 1876(k)(4)(D) of that Act.

22 HEALTH MAINTENANCE ORGANIZATION LOAN AND LOAN

23 GUARANTEE FUND

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

25 1308 of the Public Health Service Act, any amounts re26 ceived by the Secretary in connection with loans and loan
38

•HR 2660 EH

1 guarantees under title XIII of the Public Health Service

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

3 payment of outstanding obligations. During fiscal year

4 2004, no commitments for direct loans or loan guarantees

5 shall be made.

6 ADMINISTRATION FOR CHILDREN AND FAMILIES

7 PAYMENTS TO STATES FOR CHILD SUPPORT

8 ENFORCEMENT AND FAMILY SUPPORT PROGRAMS

9 For making payments to States or other non-Federal

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

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

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

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

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

15 expended.

16 For making payments to each State for carrying out

17 the program of Aid to Families with Dependent Children

18 under title IV–A of the Social Security Act before the ef19 fective date of the program of Temporary Assistance for

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

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

22 amounts available to a State with respect to expenditures

23 under such title IV–A in fiscal year 1997 under this ap24 propriation and under such title IV–A as amended by the

25 Personal Responsibility and Work Opportunity Reconcili-
39

•HR 2660 EH

1 ation Act of 1996 shall not exceed the limitations under

2 section 116(b) of such Act.

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

4 payments to States or other non-Federal entities under

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

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

7 the last 3 months of the current fiscal year for unantici8 pated costs, incurred for the current fiscal year, such sums

9 as may be necessary.

10 LOW-INCOME HOME ENERGY ASSISTANCE

11 For making payments under title XXVI of the Omni12 bus Budget Reconciliation Act of 1981, $1,700,000,000.

13 For making payments under title XXVI of the Omni14 bus Budget Reconciliation Act of 1981, $100,000,000:

15 Provided, That these funds are for the unanticipated home

16 energy assistance needs of one or more States, as author17 ized by section 2604(e) of the Act, and notwithstanding

18 the designation requirement of section 2602(e).

19 REFUGEE AND ENTRANT ASSISTANCE

20 For necessary expenses for refugee and entrant as21 sistance activities authorized by title IV of the Immigra22 tion and Nationality Act and section 501 of the Refugee

23 Education Assistance Act of 1980 (Public Law 96–422),

24 for carrying out section 462 of the Homeland Security Act

25 of 2002 (Public Law 107–296), and for carrying out sec26 tion 5 of the Torture Victims Relief Act of 1998 (Public
40

•HR 2660 EH

1 Law 105–320), $461,853,000, of which up to

2 $10,000,000 shall be available to carry out the Trafficking

3 Victims Protection Act of 2000 (Public Law 106–386; di4 vision A): Provided, That funds appropriated under this

5 heading pursuant to section 414(a) of the Immigration

6 and Nationality Act for fiscal year 2004 shall be available

7 for the costs of assistance provided and other activities,

8 to remain available through September 30, 2006.

9 PAYMENTS TO STATES FOR THE CHILD CARE AND

10 DEVELOPMENT BLOCK GRANT

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

12 Omnibus Budget Reconciliation Act of 1981 (The Child

13 Care and Development Block Grant Act of 1990),

14 $2,099,729,000 shall be used to supplement, not supplant

15 state general revenue funds for child care assistance for

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

17 available for child care resource and referral and school18 aged child care activities, of which $1,000,000 shall be for

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

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

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

22 reserved by the States for activities authorized under sec23 tion 658G, of which $100,000,000 shall be for activities

24 that improve the quality of infant and toddler care: Pro25 vided further, That $9,864,000 shall be for use by the Sec-
41

•HR 2660 EH

1 retary for child care research, demonstration, and evalua2 tion activities.

3 SOCIAL SERVICES BLOCK GRANT

4 For making grants to States pursuant to section

5 2002 of the Social Security Act, $1,700,000,000: Pro6 vided, That notwithstanding subparagraph (B) of section

7 404(d)(2) of such Act, the applicable percent specified

8 under such subparagraph for a State to carry out State

9 programs pursuant to title XX of such Act shall be 5.5

10 percent.

11 DISABLED VOTER SERVICES

12 For necessary expenses to carry out programs as au13 thorized by the Help America Vote Act of 2002,

14 $15,000,000, of which $13,000,000 shall be for payments

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

16 $2,000,000 shall be for payments to States for disabled

17 voters protection and advocacy systems.

18 CHILDREN AND FAMILIES SERVICES PROGRAMS

19 For carrying out, except as otherwise provided, the

20 Runaway and Homeless Youth Act, the Developmental

21 Disabilities Assistance and Bill of Rights Act, the Head

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

23 sections 310 and 316 of the Family Violence Prevention

24 and Services Act, as amended, the Native American Pro25 grams Act of 1974, title II of Public Law 95–266 (adop26 tion opportunities), the Adoption and Safe Families Act
42

•HR 2660 EH

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

2 of the Children’s Health Act of 2000, the Abandoned In3 fants Assistance Act of 1988, part B(1) of title IV and

4 sections 413, 429A, 1110, and 1115 of the Social Security

5 Act, and sections 40155, 40211, and 40241 of Public Law

6 103–322; for making payments under the Community

7 Services Block Grant Act, sections 439(h), 473A, and

8 477(i) of the Social Security Act, and title IV of Public

9 Law 105–285, and for necessary administrative expenses

10 to carry out said Acts and titles I, IV, X, XI, XIV, XVI,

11 and XX of the Social Security Act, the Act of July 5, 1960

12 (24 U.S.C. ch. 9), the Omnibus Budget Reconciliation Act

13 of 1981, title IV of the Immigration and Nationality Act,

14 section 501 of the Refugee Education Assistance Act of

15 1980, section 5 of the Torture Victims Relief Act of 1998

16 (Public Law 105–320), sections 40155, 40211, and 40241

17 of Public Law 103–322, and section 126 and titles IV and

18 V of Public Law 100–485, $8,599,670,000, of which

19 $43,000,000, to remain available until September 30,

20 2005, shall be for grants to States for adoption incentive

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

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

23 made for adoptions completed before September 30, 2004;

24 of which $6,815,570,000 shall be for making payments

25 under the Head Start Act, of which $1,400,000,000 shall
43

•HR 2660 EH

1 become available October 1, 2004 and remain available

2 through September 30, 2005; and of which $577,562,000

3 shall be for making payments under the Community Serv4 ices Block Grant Act: Provided, That not less than

5 $7,250,000 shall be for section 680(3)(B) of the Commu6 nity Services Block Grant Act, as amended: Provided fur7 ther, That to the extent Community Services Block Grant

8 funds are distributed as grant funds by a State to an eligi9 ble entity as provided under the Act, and have not been

10 expended by such entity, they shall remain with such enti11 ty for carryover into the next fiscal year for expenditure

12 by such entity consistent with program purposes: Provided

13 further, That the Secretary shall establish procedures re14 garding the disposition of intangible property which per15 mits grant funds, or intangible assets acquired with funds

16 authorized under section 680 of the Community Services

17 Block Grant Act, as amended, to become the sole property

18 of such grantees after a period of not more than 12 years

19 after the end of the grant for purposes and uses consistent

20 with the original grant: Provided further, That funds ap21 propriated for section 680(a)(2) of the Community Serv22 ices Block Grant Act, as amended, shall be available for

23 financing construction and rehabilitation and loans or in24 vestments in private business enterprises owned by com25 munity development corporations: Provided further, That
44

•HR 2660 EH

1 $88,043,000 shall be for activities authorized by the Run2 away and Homeless Youth Act, notwithstanding the allo3 cation requirements of section 388(a) of such Act, of

4 which $26,413,000 is for the transitional living program:

5 Provided further, That $50,000,000 is for a compassion

6 capital fund to provide grants to charitable organizations

7 to emulate model social service programs and to encourage

8 research on the best practices of social service organiza9 tions.

10 PROMOTING SAFE AND STABLE FAMILIES

11 For carrying out section 436 of the Social Security

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

13 PAYMENTS TO STATES FOR FOSTER CARE AND ADOPTION

14 ASSISTANCE

15 For making payments to States or other non-Federal

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

17 $5,068,300,000.

18 For making payments to States or other non-Federal

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

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

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

22 payments to States or other non-Federal entities under

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

24 current fiscal year for unanticipated costs, incurred for the

25 current fiscal year, such sums as may be necessary.
45

•HR 2660 EH

1 ADMINISTRATION ON AGING

2 AGING SERVICES PROGRAMS

3 For carrying out, to the extent not otherwise pro4 vided, the Older Americans Act of 1965, as amended, and

5 section 398 of the Public Health Service Act,

6 $1,377,421,000, of which $5,000,000 shall be available for

7 activities regarding medication management, screening,

8 and education to prevent incorrect medication and adverse

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

10 available until September 30, 2006 for the White House

11 Conference on Aging.

12 OFFICE OF THE SECRETARY

13 GENERAL DEPARTMENTAL MANAGEMENT

14 For necessary expenses, not otherwise provided, for

15 general departmental management, including hire of six

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

17 the Public Health Service Act, and the United States-Mex18 ico Border Health Commission Act, $343,284,000, to19 gether with $5,813,000 to be transferred and expended

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

21 Act from the Hospital Insurance Trust Fund and the Sup22 plemental Medical Insurance Trust Fund: Provided, That

23 of the funds made available under this heading for car24 rying out title XX of the Public Health Service Act,

25 $11,185,000 shall be for activities specified under section
46

•HR 2660 EH

1 2003(b)(2), of which $10,157,000 shall be for prevention

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

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

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

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

6 is for minority AIDS prevention and treatment activities;

7 $18,400,000 is for an Information Technology Security

8 and Innovation Fund for Department-wide activities in9 volving cybersecurity, information technology security, and

10 related innovation projects, and $5,000,000 is to assist Af11 ghanistan in the development of maternal and child health

12 clinics, consistent with section 103(a)(4)(H) of the Af13 ghanistan Freedom Support Act of 2002.

14 OFFICE OF INSPECTOR GENERAL

15 For expenses necessary for the Office of Inspector

16 General in carrying out the provisions of the Inspector

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

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

19 providing protective services to the Secretary and inves20 tigating non-payment of child support cases for which non21 payment is a Federal offense under 18 U.S.C. 228.

22 OFFICE FOR CIVIL RIGHTS

23 For expenses necessary for the Office for Civil

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

25 $3,314,000 to be transferred and expended as authorized

26 by section 201(g)(1) of the Social Security Act from the
47

•HR 2660 EH

1 Hospital Insurance Trust Fund and the Supplemental

2 Medical Insurance Trust Fund.

3 POLICY RESEARCH

4 For carrying out, to the extent not otherwise pro5 vided, research studies under section 1110 of the Social

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

7 $2,483,000: Provided, That in addition to amounts pro8 vided herein, $18,000,000 shall be available from amounts

9 available under section 241 of the Public Health Service

10 Act to carry out national health or human services re11 search and evaluation activities: Provided further, That the

12 expenditure of any funds available under section 241 of

13 the Public Health Service Act are subject to the require14 ments of section 205 of this Act.

15 RETIREMENT PAY AND MEDICAL BENEFITS FOR

16 COMMISSIONED OFFICERS

17 For retirement pay and medical benefits of Public

18 Health Service Commissioned Officers as authorized by

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

20 Protection Plan and Survivor Benefit Plan, for medical

21 care of dependents and retired personnel under the De22 pendents’ Medical Care Act (10 U.S.C. ch. 55 and 56),

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

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

25 be required during the current fiscal year. The following

26 are definitions for the medical benefits of the Public
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•HR 2660 EH

1 Health Service Commissioned Officers that apply to 10

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

3 for the monthly accrual payments into the Department of

4 Defense Medicare-Eligible Retiree Health Care Fund shall

5 be the Retirement Pay and Medical Benefits for Commis6 sioned Officers account. For purposes of this Act, the term

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

8 with retirement payments to United States Public Health

9 Service officers who are retired for age, disability, or

10 length of service; payments to survivors of deceased offi11 cers; medical care to active duty and retired members and

12 dependents and beneficiaries; and for payments to the So13 cial Security Administration for military service credits;

14 all of which payments are provided for by the Retirement

15 Pay and Medical Benefits for Commissioned Officers ac16 count.

17 PUBLIC HEALTH AND SOCIAL SERVICES EMERGENCY

18 FUND

19 For expenses necessary to support activities related

20 to countering potential biological, disease and chemical

21 threats to civilian populations, $1,726,846,000: Provided,

22 That this amount is distributed as follows: Centers for

23 Disease Control and Prevention, $1,116,156,000; Office

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

25 Services Administration; $545,870,000: Provided further,

26 That at the discretion of the Secretary of Health and
49

•HR 2660 EH

1 Human Services, these amounts may be transferred be2 tween categories subject to normal reprogramming proce3 dures: Provided further, That employees of the Centers for

4 Disease Control and Prevention or the Public Health Serv5 ice, both civilian and Commissioned Officers, detailed to

6 States, municipalities, or other organizations under au7 thority of section 214 of the Public Health Service Act

8 for purposes related to homeland security, shall be treated

9 as non-Federal employees for reporting purposes only and

10 shall not be included within any personnel ceiling applica11 ble to the Agency, Service, or the Department of Health

12 and Human Services during the period of detail or assign13 ment.

14 In addition, for activities to ensure a year-round in15 fluenza vaccine production capacity and the development

16 and implementation of rapidly expandable influenza vac17 cine production technologies, $50,000,000, to remain

18 available until expended.

19 GENERAL PROVISIONS

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

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

22 and representation expenses when specifically approved by

23 the Secretary.

24 SEC. 202. The Secretary shall make available through

25 assignment not more than 60 employees of the Public
50

•HR 2660 EH

1 Health Service to assist in child survival activities and to

2 work in AIDS programs through and with funds provided

3 by the Agency for International Development, the United

4 Nations International Children’s Emergency Fund or the

5 World Health Organization.

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

7 Act may be used to implement section 399F(b) of the Pub8 lic Health Service Act or section 1503 of the National In9 stitutes of Health Revitalization Act of 1993, Public Law

10 103–43.

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

12 for the National Institutes of Health, the Agency for

13 Healthcare Research and Quality, and the Substance

14 Abuse and Mental Health Services Administration shall

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

16 or other extramural mechanism, at a rate in excess of Ex17 ecutive Level I.

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

19 may be expended pursuant to section 241 of the Public

20 Health Service Act, except for funds specifically provided

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

22 by any office located in the Department of Health and

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

24 submission of a report to the Committee on Appropria-
51

•HR 2660 EH

1 tions of the Senate and of the House detailing the planned

2 uses of such funds.

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

4 Public Health Service Act, such portion as the Secretary

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

6 amounts appropriated for programs authorized under said

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

8 or by grants or contracts) of the implementation and effec9 tiveness of such programs.

10 (TRANSFER OF FUNDS)

11 SEC. 207. Not to exceed 1 percent of any discre12 tionary funds (pursuant to the Balanced Budget and

13 Emergency Deficit Control Act of 1985, as amended)

14 which are appropriated for the current fiscal year for the

15 Department of Health and Human Services in this Act

16 may be transferred between appropriations, but no such

17 appropriation shall be increased by more than 3 percent

18 by any such transfer: Provided, That an appropriation

19 may be increased by up to an additional 2 percent subject

20 to approval by the House and Senate Committees on Ap21 propriations: Provided further, That the Appropriations

22 Committees of both Houses of Congress are notified at

23 least 15 days in advance of any transfer.

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

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

26 Research, may transfer up to 3 percent among institutes,
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•HR 2660 EH

1 centers, and divisions from the total amounts identified

2 by these two Directors as funding for research pertaining

3 to the human immunodeficiency virus: Provided, That the

4 Congress is promptly notified of the transfer.

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

6 for the National Institutes of Health, the amount for re7 search related to the human immunodeficiency virus, as

8 jointly determined by the Director of the National Insti9 tutes of Health and the Director of the Office of AIDS

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

11 Research’’ account. The Director of the Office of AIDS

12 Research shall transfer from such account amounts nec13 essary to carry out section 2353(d)(3) of the Public

14 Health Service Act.

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

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

17 Public Health Service Act unless the applicant for the

18 award certifies to the Secretary that it encourages family

19 participation in the decision of minors to seek family plan20 ning services and that it provides counseling to minors on

21 how to resist attempts to coerce minors into engaging in

22 sexual activities.

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

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

25 used to carry out the Medicare+Choice program if the
53

•HR 2660 EH

1 Secretary denies participation in such program to an oth2 erwise eligible entity (including a Provider Sponsored Or3 ganization) because the entity informs the Secretary that

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

5 referrals for abortions: Provided, That the Secretary shall

6 make appropriate prospective adjustments to the capita7 tion payment to such an entity (based on an actuarially

8 sound estimate of the expected costs of providing the serv9 ice to such entity’s enrollees): Provided further, That noth10 ing in this section shall be construed to change the Medi11 care program’s coverage for such services and a

12 Medicare+Choice organization described in this section

13 shall be responsible for informing enrollees where to obtain

14 information about all Medicare covered services.

15 SEC. 212. Notwithstanding any other provision of

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

17 Health Service Act shall be exempt from any State law

18 requiring notification or the reporting of child abuse, child

19 molestation, sexual abuse, rape, or incest.

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

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

22 to withhold substance abuse funding from a State pursu23 ant to section 1926 of the Public Health Service Act (42

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

25 of Health and Human Services by May 1, 2004 that the
54

•HR 2660 EH

1 State will commit additional State funds, in accordance

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

3 prohibiting the sale of tobacco products to individuals

4 under 18 years of age.

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

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

7 State’s substance abuse block grant allocation for each

8 percentage point by which the State misses the retailer

9 compliance rate goal established by the Secretary of

10 Health and Human Services under section 1926 of such

11 Act.

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

13 fiscal year 2004 for tobacco prevention programs and for

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

15 level of such expenditures maintained by the State for fis16 cal year 2002, and adding to that level the additional

17 funds for tobacco compliance activities required under

18 subsection (a). The State is to submit a report to the Sec19 retary on all fiscal year 2003 State expenditures and all

20 fiscal year 2004 obligations for tobacco prevention and

21 compliance activities by program activity by July 31,

22 2004.

23 (d) The Secretary shall exercise discretion in enforc24 ing the timing of the State obligation of the additional
55

•HR 2660 EH

1 funds required by the certification described in subsection

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

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

4 be used to withhold substance abuse funding pursuant to

5 section 1926 from a territory that receives less than

6 $1,000,000.

7 SEC. 214. In order for the Centers for Disease Con8 trol and Prevention to carry out international health ac9 tivities, including HIV/AIDS and other infectious disease,

10 chronic and environmental disease, and other health ac11 tivities abroad during fiscal year 2004, the Secretary of

12 Health and Human Services is authorized to provide such

13 funds by advance or reimbursement to the Secretary of

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

15 lease, alteration, renovation, and management of facilities

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

17 of Health and Human Services. The Department of State

18 shall cooperate fully with the Secretary of Health and

19 Human Services to ensure that the Department of Health

20 and Human Services has secure, safe, functional facilities

21 that comply with applicable regulation governing location,

22 setback, and other facilities requirements and serve the

23 purposes established by this Act. The Secretary of Health

24 and Human Services is authorized, in consultation with

25 the Secretary of State, through grant or cooperative agree-
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•HR 2660 EH

1 ment, to make available to public or nonprofit private in2 stitutions or agencies in participating foreign countries,

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

4 countries as necessary to conduct programs of assistance

5 for international health activities, including activities re6 lating to HIV/AIDS and other infectious diseases, chronic

7 and environmental diseases, and other health activities

8 abroad.

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

10 in section 214, in order for the Centers for Disease Con11 trol and Prevention to carry out international health ac12 tivities, including HIV/AIDS and other infectious disease,

13 chronic and environmental disease, and other health ac14 tivities abroad during fiscal year 2004, the Secretary of

15 Health and Human Services may exercise authority equiv16 alent to that available to the Secretary of State in section

17 2(c) of the State Department Basic Authorities Act of

18 1956 (22 U.S.C. 2669(c)).

19 (b) The Secretary of Health and Human Services

20 shall consult with the Secretary of State and relevant

21 Chief of Mission to ensure that the authority provided in

22 this section is excercised in a manner consistent with sec23 tion 207 of the Foreign Service Act of 1980 (22 U.S.C.

24 3927) and other applicable statutes administered by the

25 Department of State.
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1 SEC. 216. The Division of Federal Occupational

2 Health may utilize personal services contracting to employ

3 professional management/administrative and occupational

4 health professionals.

5 SEC. 217. CMS PROGRAM MANAGEMENT AC6 COUNT.—The amount otherwise provided by this Act for

7 ‘‘Centers for Medicare and Medicaid Services—Program

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

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

10 ‘‘Centers for Disease Control and Prevention—Disease

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

12 $49,982,000, to be derived from the amounts made avail13 able for administrative and related information technology

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

15 Disease Control and Prevention shall determine the alloca16 tion of the reduction among Agency activities, and shall

17 submit to the Committees on Appropriations a report

18 specifying the proposed allocation.

19 TITLE III—DEPARTMENT OF EDUCATION

20 EDUCATION FOR THE DISADVANTAGED

21 For carrying out title I of the Elementary and Sec22 ondary Education Act of 1965 (‘‘ESEA’’) and section

23 418A of the Higher Education Act of 1965,

24 $14,507,000,000, of which $6,943,199,000 shall become

25 available on July 1, 2004, and shall remain available
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•HR 2660 EH

1 through September 30, 2005, and of which

2 $7,383,301,000 shall become available on October 1,

3 2004, and shall remain available through September 30,

4 2005, for academic year 2004–2005: Provided, That

5 $7,172,971,000 shall be available for basic grants under

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

7 these funds shall be available to the Secretary of Edu8 cation on October 1, 2003, to obtain updated educational9 agency-level census poverty data from the Bureau of the

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

11 available for concentration grants under section 1124A:

12 Provided further, That $3,018,499,000 shall be available

13 for targeted grants under section 1125: Provided further,

14 That $793,499,000 shall be available for education fi15 nance incentive grants under section 1125A: Provided fur16 ther, That $235,000,000 shall be available for comprehen17 sive school reform grants under part F of the ESEA: Pro18 vided further, That from the $9,500,000 available to carry

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

20 to the Secretary of Education to provide technical assist21 ance to state and local educational agencies concerning

22 part A of title I.

23 IMPACT AID

24 For carrying out programs of financial assistance to

25 federally affected schools authorized by title VIII of the
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1 Elementary and Secondary Education Act of 1965,

2 $1,238,324,000, of which $1,073,000,000 shall be for

3 basic support payments under section 8003(b),

4 $50,668,000 shall be for payments for children with dis5 abilities under section 8003(d), $44,708,000 shall be for

6 construction under section 8007 and shall remain avail7 able through September 30, 2005, $62,000,000 shall be

8 for Federal property payments under section 8002, and

9 $7,948,000, to remain available until expended, shall be

10 for facilities maintenance under section 8008.

11 SCHOOL IMPROVEMENT PROGRAMS

12 For carrying out school improvement activities au13 thorized by titles II, part B of title IV, part A and subpart

14 6 of part D of title V, parts A and B of title VI, and

15 parts B and C of title VII of the Elementary and Sec16 ondary Education Act of 1965 (‘‘ESEA’’); the McKinney17 Vento Homeless Assistance Act; and the Civil Rights Act

18 of 1964, $5,797,637,000, of which $4,296,772,000 shall

19 become available on July 1, 2004, and remain available

20 through September 30, 2005, and of which

21 $1,435,000,000 shall become available on October 1,

22 2004, and shall remain available through September 30,

23 2005, for academic year 2004–2005: Provided, That

24 $390,000,000 shall be for subpart l of part A of title VI

25 of the ESEA: Provided further, That no funds appro-
60

•HR 2660 EH

1 priated under this heading may be used to carry out sec2 tion 5494 under the Elementary and Secondary Education

3 Act.

4 INDIAN EDUCATION

5 For expenses necessary to carry out, to the extent

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

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

8 INNOVATION AND IMPROVEMENT

9 For carrying out activities authorized by part G of

10 title I, parts A, C, and D of title II, parts B, C, and D

11 of title V, and section 1504 of the Elementary and Sec12 ondary Education Act of 1965, $807,959,000: Provided,

13 That $74,513,000 for continuing and new grants to dem14 onstrate effective approaches to comprehensive school re15 form shall become available on July 1, 2004, and remain

16 available through September 30, 2005, and shall be allo17 cated and expended in the same manner as the funds pro18 vided under the Fund for the Improvement of Education

19 for this purpose were allocated and expended in fiscal year

20 2003: Provided further, That up to $1,500,000 of the

21 funds provided under the Advanced Credentialling pro22 gram may be reserved by the Secretary to conduct an eval23 uation of the program.
61

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1 SAFE SCHOOLS AND CITIZENSHIP EDUCATION

2 For carrying out activities authorized by subpart 3

3 of part C of title II, part A of title IV, and subparts 2,

4 3, and 10 of part D of title V of the Elementary and Sec5 ondary Education Act of 1965, $820,068,000 (increased

6 by $5,000,000), of which $138,949,000 shall become

7 available on July 1, 2004 and remain available through

8 September 30, 2005, and of which $330,000,000 shall be9 come available on October 1, 2004 and shall remain avail10 able through September 30, 2005 for academic year

11 2004–2005: Provided, That of the funds available to carry

12 out subpart 3 of part C of title II, up to $12,000,000

13 may be used to carry out section 2345: Provided further,

14 That of the funds available for subpart 2 of part A of

15 title IV, $4,968,000 (increased by $5,000,000), to remain

16 available until expended, shall be for the Project School

17 Emergency Response to Violence program to provide edu18 cation-related services to local educational agencies in

19 which the learning environment has been disrupted due

20 to a violent or traumatic crisis.

21 ENGLISH LANGUAGE ACQUISITION

22 For carrying out title III, part A of the ESEA,

23 $685,515,000, of which $560,543,000 shall become avail24 able on July 1, 2004, and shall remain available through

25 September 30, 2005.
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1 SPECIAL EDUCATION

2 For carrying out the Individuals with Disabilities

3 Education Act, $11,049,790,000, of which

4 $5,690,762,000 shall become available for obligation on

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

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

12 materials: Provided further, That the amount for section

13 611(c) of the Act shall be equal to the amount available

14 for that section during fiscal year 2003 increased by the

15 amount of inflation as specified in section 611(f)(1)(B)(ii)

16 of the Act.

17 REHABILITATION SERVICES AND DISABILITY RESEARCH

18 For carrying out, to the extent not otherwise pro19 vided, the Rehabilitation Act of 1973, the Assistive Tech20 nology Act of 1998, and the Helen Keller National Center

21 Act, $2,999,165,000.
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1 SPECIAL INSTITUTIONS FOR PERSONS WITH

2 DISABILITIES

3 AMERICAN PRINTING HOUSE FOR THE BLIND

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

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

6 NATIONAL TECHNICAL INSTITUTE FOR THE DEAF

7 For the National Technical Institute for the Deaf

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

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

10 $367,000 shall be for construction and shall remain avail11 able until expended: Provided, That from the total amount

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

13 the endowment program as authorized under section 207.

14 GALLAUDET UNIVERSITY

15 For the Kendall Demonstration Elementary School,

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

17 support of Gallaudet University under titles I and II of

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

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

20 amount available, the University may at its discretion use

21 funds for the endowment program as authorized under

22 section 207.

23 VOCATIONAL AND ADULT EDUCATION

24 For carrying out, to the extent not otherwise pro25 vided, the Carl D. Perkins Vocational and Applied Tech26 nology Education Act, and the Adult Education and Fam-
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1 ily Literacy Act, and subpart 4 of part D of title V of

2 the Elementary and Secondary Education Act of 1965, as

3 amended, $2,094,475,000, of which $1,294,725,000 shall

4 become available on July 1, 2004 and shall remain avail5 able through September 30, 2005 and of which

6 $791,000,000 shall become available on October 1, 2004

7 and shall remain available through September 30, 2005:

8 Provided, That of the amount provided for Adult Edu9 cation State Grants, $70,000,000 shall be made available

10 for integrated English literacy and civics education serv11 ices to immigrants and other limited English proficient

12 populations: Provided further, That of the amount re13 served for integrated English literacy and civics education,

14 notwithstanding section 211 of the Adult Education and

15 Family Literacy Act, 65 percent shall be allocated to

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

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

18 Immigration and Naturalization Service data for immi19 grants admitted for legal permanent residence for the 10

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

21 experienced growth as measured by the average of the 3

22 most recent years for which Immigration and Naturaliza23 tion Service data for immigrants admitted for legal perma24 nent residence are available, except that no State shall be

25 allocated an amount less than $60,000: Provided further,
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1 That of the amounts made available for the Adult Edu2 cation and Family Literacy Act, $9,438,000 shall be for

3 national leadership activities under section 243 and

4 $6,517,000 shall be for the National Institute for Literacy

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

6 shall be available to support the activities authorized

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

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

9 for evaluation, technical assistance, school networking,

10 peer review of applications, and program outreach activi11 ties and of which not less than 95 percent shall become

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

13 September 30, 2005, for grants to local educational agen14 cies: Provided further, That funds made available to local

15 educational agencies under this subpart shall be used only

16 for activities related to establishing smaller learning com17 munities in high schools.

18 STUDENT FINANCIAL ASSISTANCE

19 For carrying out subparts 1, 3 and 4 of part A, sec20 tion 428K, part C and part E of title IV of the Higher

21 Education Act of 1965, as amended, $14,247,432,000,

22 which shall remain available through September 30, 2005.

23 The maximum Pell Grant for which a student shall

24 be eligible during award year 2004–2005 shall be $4,050.
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1 STUDENT AID ADMINISTRATION

2 For Federal administrative expenses (in addition to

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

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

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

6 of 1965, as amended, $120,010,000.

7 HIGHER EDUCATION

8 For carrying out, to the extent not otherwise pro9 vided, section 121 and titles II, III, IV, V, VI, and VII

10 of the Higher Education Act of 1965 (‘‘HEA’’), as amend11 ed, section 1543 of the Higher Education Amendments

12 of 1992, title VIII of the Higher Education Amendments

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

14 and Technical Education Act, and the Mutual Educational

15 and Cultural Exchange Act of 1961, $1,985,991,000 (re16 duced by $5,000,000), of which $2,000,000 for interest

17 subsidies authorized by section 121 of the HEA shall re18 main available until expended: Provided, That $9,935,000,

19 to remain available through September 30, 2005, shall be

20 available to fund fellowships for academic year 2005–2006

21 under part A, subpart 1 of title VII of said Act, under

22 the terms and conditions of part A, subpart 1: Provided

23 further, That $994,000 is for data collection and evalua24 tion activities for programs under the HEA, including

25 such activities needed to comply with the Government Per-
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•HR 2660 EH

1 formance and Results Act of 1993: Provided further, That

2 notwithstanding any other provision of law, funds made

3 available in this Act to carry out title VI of the HEA and

4 section 102(b)(6) of the Mutual Educational and Cultural

5 Exchange Act of 1961 may be used to support visits and

6 study in foreign countries by individuals who are partici7 pating in advanced foreign language training and inter8 national studies in areas that are vital to United States

9 national security and who plan to apply their language

10 skills and knowledge of these countries in the fields of gov11 ernment, the professions, or international development:

12 Provided further, That up to one percent of the funds re13 ferred to in the preceding proviso may be used for pro14 gram evaluation, national outreach, and information dis15 semination activities.

16 HOWARD UNIVERSITY

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

18 121 et seq.), $242,770,000, of which not less than

19 $3,600,000 shall be for a matching endowment grant pur20 suant to the Howard University Endowment Act (Public

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

22 COLLEGE HOUSING AND ACADEMIC FACILITIES LOANS

23 PROGRAM

24 For Federal administrative expenses authorized

25 under section 121 of the Higher Education Act of 1965,
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•HR 2660 EH

1 $774,000 to carry out activities related to existing facility

2 loans entered into under the Higher Education Act of

3 1965.

4 HISTORICALLY BLACK COLLEGE AND UNIVERSITY

5 CAPITAL FINANCING PROGRAM ACCOUNT

6 The aggregate principal amount of outstanding bonds

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

8 Higher Education Act of 1965, shall not exceed

9 $357,000,000, and the cost, as defined in section 502 of

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

11 not exceed zero.

12 For administrative expenses to carry out the Histori13 cally Black College and University Capital Financing Pro14 gram entered into pursuant to title III, part D of the

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

16 INSTITUTE OF EDUCATION SCIENCES

17 For carrying out activities authorized by Public Law

18 107–279, $500,599,000: Provided, That of the amount

19 appropriated, $185,000,000 shall be available for obliga20 tion through September 30, 2005.

21 DEPARTMENTAL MANAGEMENT

22 PROGRAM ADMINISTRATION

23 For carrying out, to the extent not otherwise pro24 vided, the Department of Education Organization Act, in25 cluding rental of conference rooms in the District of Co-
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1 lumbia and hire of three passenger motor vehicles,

2 $434,494,000, of which $13,644,000, to remain available

3 until expended, shall be for building alterations and re4 lated expenses for the relocation of Department staff to

5 Potomac Center Plaza in Washington, D.C.

6 OFFICE FOR CIVIL RIGHTS

7 For expenses necessary for the Office for Civil

8 Rights, as authorized by section 203 of the Department

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

10 OFFICE OF THE INSPECTOR GENERAL

11 For expenses necessary for the Office of the Inspector

12 General, as authorized by section 212 of the Department

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

14 GENERAL PROVISIONS

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

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

17 the purchase of equipment for such transportation) in

18 order to overcome racial imbalance in any school or school

19 system, or for the transportation of students or teachers

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

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

22 school or school system.

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

24 shall be used to require, directly or indirectly, the trans25 portation of any student to a school other than the school
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1 which is nearest the student’s home, except for a student

2 requiring special education, to the school offering such

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

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

5 an indirect requirement of transportation of students in6 cludes the transportation of students to carry out a plan

7 involving the reorganization of the grade structure of

8 schools, the pairing of schools, or the clustering of schools,

9 or any combination of grade restructuring, pairing or clus10 tering. The prohibition described in this section does not

11 include the establishment of magnet schools.

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

13 be used to prevent the implementation of programs of vol14 untary prayer and meditation in the public schools.

15 (TRANSFER OF FUNDS)

16 SEC. 304. Not to exceed 1 percent of any discre17 tionary funds (pursuant to the Balanced Budget and

18 Emergency Deficit Control Act of 1985, as amended)

19 which are appropriated for the Department of Education

20 in this Act may be transferred between appropriations, but

21 no such appropriation shall be increased by more than 3

22 percent by any such transfer: Provided, That the Appro23 priations Committees of both Houses of Congress are noti24 fied at least 15 days in advance of any transfer.

25 This title may be cited as the ‘‘Department of Edu26 cation Appropriations Act, 2004’’.
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1 TITLE IV—RELATED AGENCIES

2 ARMED FORCES RETIREMENT HOME

3 For expenses necessary for the Armed Forces Retire4 ment Home to operate and maintain the Armed Forces

5 Retirement Home—Washington and the Armed Forces

6 Retirement Home—Gulfport, to be paid from funds avail7 able in the Armed Forces Retirement Home Trust Fund,

8 $65,279,000, of which $1,983,000 shall remain available

9 until expended for construction and renovation of the

10 physical plants at the Armed Forces Retirement Home—

11 Washington and the Armed Forces Retirement Home—

12 Gulfport.

13 CORPORATION FOR NATIONAL AND COMMUNITY SERVICE

14 DOMESTIC VOLUNTEER SERVICE PROGRAMS, OPERATING

15 EXPENSES

16 For expenses necessary for the Corporation for Na17 tional and Community Service to carry out the provisions

18 of the Domestic Volunteer Service Act of 1973, as amend19 ed, $352,836,000: Provided, That none of the funds made

20 available to the Corporation for National and Community

21 Service in this Act for activities authorized by section 122

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

23 Volunteer Service Act of 1973 shall be used to provide

24 stipends or other monetary incentives to volunteers or vol-
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1 unteer leaders whose incomes exceed 125 percent of the

2 national poverty level.

3 CORPORATION FOR PUBLIC BROADCASTING

4 For payment to the Corporation for Public Broad5 casting, as authorized by the Communications Act of

6 1934, an amount which shall be available within limita7 tions specified by that Act, for the fiscal year 2006,

8 $330,000,000: Provided, That no funds made available to

9 the Corporation for Public Broadcasting by this Act shall

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

11 of entertainment for Government officials or employees:

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

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

14 program or activity from which any person is excluded,

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

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

17 Of the amounts made available to the Corporation for

18 Public Broadcasting for fiscal year 2004 by Public Law

19 107–116, up to $80,000,000 is available for grants associ20 ated with the transition of public broadcasting to digital

21 broadcasting, including costs related to transmission

22 equipment and program production, development, and dis23 tribution, to be awarded as determinded by the Corpora24 tion in consultation with public radio and television licens25 ees or permittees, or their designated representatives; and
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1 up to $20,000,000 is available pursuant to section

2 396(k)(10) of the Communications Act of 1934, as

3 amended, for replacement and upgrade of the public tele4 vision interconnection system: Provided, That section

5 396(k)(3) shall apply only to amounts remaining after al6 locations made herein.

7 FEDERAL MEDIATION AND CONCILIATION SERVICE

8 SALARIES AND EXPENSES

9 For expenses necessary for the Federal Mediation

10 and Conciliation Service to carry out the functions vested

11 in it by the Labor Management Relations Act, 1947 (29

12 U.S.C. 171–180, 182–183), including hire of passenger

13 motor vehicles; for expenses necessary for the Labor-Man14 agement Cooperation Act of 1978 (29 U.S.C. 175a); and

15 for expenses necessary for the Service to carry out the

16 functions vested in it by the Civil Service Reform Act,

17 Public Law 95–454 (5 U.S.C. ch. 71), $43,385,000, in18 cluding $1,500,000, to remain available through Sep19 tember 30, 2005, for activities authorized by the Labor20 Management Cooperation Act of 1978 (29 U.S.C. 175a):

21 Provided, That notwithstanding 31 U.S.C. 3302, fees

22 charged, up to full-cost recovery, for special training ac23 tivities and other conflict resolution services and technical

24 assistance, including those provided to foreign govern25 ments and international organizations, and for arbitration
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1 services shall be credited to and merged with this account,

2 and shall remain available until expended: Provided fur3 ther, That fees for arbitration services shall be available

4 only for education, training, and professional development

5 of the agency workforce: Provided further, That the Direc6 tor of the Service is authorized to accept and use on behalf

7 of the United States gifts of services and real, personal,

8 or other property in the aid of any projects or functions

9 within the Director’s jurisdiction.

10 FEDERAL MINE SAFETY AND HEALTH REVIEW

11 COMMISSION

12 SALARIES AND EXPENSES

13 For expenses necessary for the Federal Mine Safety

14 and Health Review Commission (30 U.S.C. 801 et seq.),

15 $7,774,000.

16 INSTITUTE OF MUSEUM AND LIBRARY SERVICES

17 For carrying out the Museum and Library Services

18 Act of 1996, $238,126,000 to remain available until ex19 pended.

20 MEDICARE PAYMENT ADVISORY COMMISSION

21 SALARIES AND EXPENSES

22 For expenses necessary to carry out section 1805 of

23 the Social Security Act, $9,000,000, to be transferred to

24 this appropriation from the Federal Hospital Insurance
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1 and the Federal Supplementary Medical Insurance Trust

2 Funds.

3 NATIONAL COMMISSION ON LIBRARIES AND

4 INFORMATION SCIENCE

5 SALARIES AND EXPENSES

6 For necessary expenses for the National Commission

7 on Libraries and Information Science, established by the

8 Act of July 20, 1970 (Public Law 91–345, as amended),

9 $1,000,000.

10 NATIONAL COUNCIL ON DISABILITY

11 SALARIES AND EXPENSES

12 For expenses necessary for the National Council on

13 Disability as authorized by title IV of the Rehabilitation

14 Act of 1973, as amended, $2,830,000.

15 NATIONAL LABOR RELATIONS BOARD

16 SALARIES AND EXPENSES

17 For expenses necessary for the National Labor Rela18 tions Board to carry out the functions vested in it by the

19 Labor-Management Relations Act, 1947, as amended (29

20 U.S.C. 141–167), and other laws, $239,429,000: Pro21 vided, That no part of this appropriation shall be available

22 to organize or assist in organizing agricultural laborers or

23 used in connection with investigations, hearings, direc24 tives, or orders concerning bargaining units composed of

25 agricultural laborers as referred to in section 2(3) of the
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1 Act of July 5, 1935 (29 U.S.C. 152), and as amended

2 by the Labor-Management Relations Act, 1947, as amend3 ed, and as defined in section 3(f) of the Act of June 25,

4 1938 (29 U.S.C. 203), and including in said definition em5 ployees engaged in the maintenance and operation of

6 ditches, canals, reservoirs, and waterways when main7 tained or operated on a mutual, nonprofit basis and at

8 least 95 percent of the water stored or supplied thereby

9 is used for farming purposes.

10 NATIONAL MEDIATION BOARD

11 SALARIES AND EXPENSES

12 For expenses necessary to carry out the provisions

13 of the Railway Labor Act, as amended (45 U.S.C. 151–

14 188), including emergency boards appointed by the Presi15 dent, $11,421,000.

16 OCCUPATIONAL SAFETY AND HEALTH REVIEW

17 COMMISSION

18 SALARIES AND EXPENSES

19 For expenses necessary for the Occupational Safety

20 and Health Review Commission (29 U.S.C. 661),

21 $10,115,000.

22 RAILROAD RETIREMENT BOARD

23 DUAL BENEFITS PAYMENTS ACCOUNT

24 For payment to the Dual Benefits Payments Ac25 count, authorized under section 15(d) of the Railroad Re-
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1 tirement Act of 1974, $119,000,000, which shall include

2 amounts becoming available in fiscal year 2004 pursuant

3 to section 224(c)(1)(B) of Public Law 98–76; and in addi4 tion, an amount, not to exceed 2 percent of the amount

5 provided herein, shall be available proportional to the

6 amount by which the product of recipients and the average

7 benefit received exceeds $119,000,000: Provided, That the

8 total amount provided herein shall be credited in 12 ap9 proximately equal amounts on the first day of each month

10 in the fiscal year.

11 FEDERAL PAYMENTS TO THE RAILROAD RETIREMENT

12 ACCOUNTS

13 For payment to the accounts established in the

14 Treasury for the payment of benefits under the Railroad

15 Retirement Act for interest earned on unnegotiated

16 checks, $150,000, to remain available through September

17 30, 2005, which shall be the maximum amount available

18 for payment pursuant to section 417 of Public Law 98–

19 76.

20 LIMITATION ON ADMINISTRATION

21 For necessary expenses for the Railroad Retirement

22 Board for administration of the Railroad Retirement Act

23 and the Railroad Unemployment Insurance Act,

24 $101,300,000, to be derived in such amounts as deter25 mined by the Board from the railroad retirement accounts
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1 and from moneys credited to the railroad unemployment

2 insurance administration fund.

3 LIMITATION ON THE OFFICE OF INSPECTOR GENERAL

4 For expenses necessary for the Office of Inspector

5 General for audit, investigatory and review activities, as

6 authorized by the Inspector General Act of 1978, as

7 amended, not more than $6,600,000, to be derived from

8 the railroad retirement accounts and railroad unemploy9 ment insurance account: Provided, That none of the funds

10 made available in any other paragraph of this Act may

11 be transferred to the Office; used to carry out any such

12 transfer; used to provide any office space, equipment, of13 fice supplies, communications facilities or services, mainte14 nance services, or administrative services for the Office;

15 used to pay any salary, benefit, or award for any personnel

16 of the Office; used to pay any other operating expense of

17 the Office; or used to reimburse the Office for any service

18 provided, or expense incurred, by the Office.

19 SOCIAL SECURITY ADMINISTRATION

20 PAYMENTS TO SOCIAL SECURITY TRUST FUNDS

21 For payment to the Federal Old-Age and Survivors

22 Insurance and the Federal Disability Insurance trust

23 funds, as provided under sections 201(m), 228(g), and

24 1131(b)(2) of the Social Security Act, $21,658,000.
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1 SUPPLEMENTAL SECURITY INCOME PROGRAM

2 For carrying out titles XI and XVI of the Social Se3 curity Act, section 401 of Public Law 92–603, section 212

4 of Public Law 93–66, as amended, and section 405 of

5 Public Law 95–216, including payment to the Social Secu6 rity trust funds for administrative expenses incurred pur7 suant to section 201(g)(1) of the Social Security Act,

8 $26,221,300,000, to remain available until expended: Pro9 vided, That any portion of the funds provided to a State

10 in the current fiscal year and not obligated by the State

11 during that year shall be returned to the Treasury.

12 For making, after June 15 of the current fiscal year,

13 benefit payments to individuals under title XVI of the So14 cial Security Act, for unanticipated costs incurred for the

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

16 For making benefit payments under title XVI of the

17 Social Security Act for the first quarter of fiscal year

18 2005, $12,590,000,000, to remain available until ex19 pended.

20 LIMITATION ON ADMINISTRATIVE EXPENSES

21 For necessary expenses, including the hire of two pas22 senger motor vehicles, and not to exceed $15,000 for offi23 cial reception and representation expenses, not more than

24 $8,241,800,000 may be expended, as authorized by sec25 tion 201(g)(1) of the Social Security Act, from any one

26 or all of the trust funds referred to therein: Provided, That
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1 not less than $1,800,000 shall be for the Social Security

2 Advisory Board: Provided further, That unobligated

3 balances of funds provided under this paragraph at the

4 end of fiscal year 2004 not needed for fiscal year 2004

5 shall remain available until expended to invest in the So6 cial Security Administration information technology and

7 telecommunications hardware and software infrastructure,

8 including related equipment and non-payroll administra9 tive expenses associated solely with this information tech10 nology and telecommunications infrastructure: Provided

11 further, That reimbursement to the trust funds under this

12 heading for expenditures for official time for employees

13 of the Social Security Administration pursuant to section

14 7131 of title 5, United States Code, and for facilities or

15 support services for labor organizations pursuant to poli16 cies, regulations, or procedures referred to in section

17 7135(b) of such title shall be made by the Secretary of

18 the Treasury, with interest, from amounts in the general

19 fund not otherwise appropriated, as soon as possible after

20 such expenditures are made.

21 In addition, $120,000,000 to be derived from admin22 istration fees in excess of $5.00 per supplementary pay23 ment collected pursuant to section 1616(d) of the Social

24 Security Act or section 212(b)(3) of Public Law 93–66,

25 which shall remain available until expended. To the extent
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1 that the amounts collected pursuant to such section

2 1616(d) or 212(b)(3) in fiscal year 2004 exceed

3 $120,000,000, the amounts shall be available in fiscal year

4 2005 only to the extent provided in advance in appropria5 tions Acts.

6 From funds previously appropriated for this purpose,

7 any unobligated balances at the end of fiscal year 2003

8 shall be available to continue Federal-State partnerships

9 which will evaluate means to promote Medicare buy-in pro10 grams targeted to elderly and disabled individuals under

11 titles XVIII and XIX of the Social Security Act.

12 OFFICE OF INSPECTOR GENERAL

13 (INCLUDING TRANSFER OF FUNDS)

14 For expenses necessary for the Office of Inspector

15 General in carrying out the provisions of the Inspector

16 General Act of 1978, as amended, $24,500,000, together

17 with not to exceed $63,700,000, to be transferred and ex18 pended as authorized by section 201(g)(1) of the Social

19 Security Act from the Federal Old-Age and Survivors In20 surance Trust Fund and the Federal Disability Insurance

21 Trust Fund.

22 In addition, an amount not to exceed 3 percent of

23 the total provided in this appropriation may be transferred

24 from the ‘‘Limitation on Administrative Expenses’’, Social

25 Security Administration, to be merged with this account,

26 to be available for the time and purposes for which this
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1 account is available: Provided, That notice of such trans2 fers shall be transmitted promptly to the Committees on

3 Appropriations of the House and Senate.

4 UNITED STATES INSTITUTE OF PEACE

5 OPERATING EXPENSES

6 For necessary expenses of the United States Institute

7 of Peace as authorized in the United States Institute of

8 Peace Act, $17,200,000.

9 TITLE V—GENERAL PROVISIONS

10 SEC. 501. The Secretaries of Labor, Health and

11 Human Services, and Education are authorized to transfer

12 unexpended balances of prior appropriations to accounts

13 corresponding to current appropriations provided in this

14 Act: Provided, That such transferred balances are used for

15 the same purpose, and for the same periods of time, for

16 which they were originally appropriated.

17 SEC. 502. No part of any appropriation contained in

18 this Act shall remain available for obligation beyond the

19 current fiscal year unless expressly so provided herein.

20 SEC. 503. (a) No part of any appropriation contained

21 in this Act shall be used, other than for normal and recog22 nized executive-legislative relationships, for publicity or

23 propaganda purposes, for the preparation, distribution, or

24 use of any kit, pamphlet, booklet, publication, radio, tele25 vision, or video presentation designed to support or defeat
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1 legislation pending before the Congress or any State legis2 lature, except in presentation to the Congress or any State

3 legislature itself.

4 (b) No part of any appropriation contained in this

5 Act shall be used to pay the salary or expenses of any

6 grant or contract recipient, or agent acting for such recipi7 ent, related to any activity designed to influence legislation

8 or appropriations pending before the Congress or any

9 State legislature.

10 SEC. 504. The Secretaries of Labor and Education

11 are authorized to make available not to exceed $28,000

12 and $20,000, respectively, from funds available for sala13 ries and expenses under titles I and III, respectively, for

14 official reception and representation expenses; the Direc15 tor of the Federal Mediation and Conciliation Service is

16 authorized to make available for official reception and rep17 resentation expenses not to exceed $5,000 from the funds

18 available for ‘‘Salaries and expenses, Federal Mediation

19 and Conciliation Service’’; and the Chairman of the Na20 tional Mediation Board is authorized to make available for

21 official reception and representation expenses not to ex22 ceed $5,000 from funds available for ‘‘Salaries and ex23 penses, National Mediation Board’’.

24 SEC. 505. Notwithstanding any other provision of

25 this Act, no funds appropriated under this Act shall be
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1 used to carry out any program of distributing sterile nee2 dles or syringes for the hypodermic injection of any illegal

3 drug.

4 SEC. 506. (a) It is the sense of the Congress that,

5 to the greatest extent practicable, all equipment and prod6 ucts purchased with funds made available in this Act

7 should be American-made.

8 (b) In providing financial assistance to, or entering

9 into any contract with, any entity using funds made avail10 able in this Act, the head of each Federal agency, to the

11 greatest extent practicable, shall provide to such entity a

12 notice describing the statement made in subsection (a) by

13 the Congress.

14 (c) If it has been finally determined by a court or

15 Federal agency that any person intentionally affixed a

16 label bearing a ‘‘Made in America’’ inscription, or any in17 scription with the same meaning, to any product sold in

18 or shipped to the United States that is not made in the

19 United States, the person shall be ineligible to receive any

20 contract or subcontract made with funds made available

21 in this Act, pursuant to the debarment, suspension, and

22 ineligibility procedures described in sections 9.400 through

23 9.409 of title 48, Code of Federal Regulations.

24 SEC. 507. When issuing statements, press releases,

25 requests for proposals, bid solicitations and other docu-
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1 ments describing projects or programs funded in whole or

2 in part with Federal money, all grantees receiving Federal

3 funds included in this Act, including but not limited to

4 State and local governments and recipients of Federal re5 search grants, shall clearly state: (1) the percentage of the

6 total costs of the program or project which will be financed

7 with Federal money; (2) the dollar amount of Federal

8 funds for the project or program; and (3) percentage and

9 dollar amount of the total costs of the project or program

10 that will be financed by non-governmental sources.

11 SEC. 508. (a) None of the funds appropriated under

12 this Act, and none of the funds in any trust fund to which

13 funds are appropriated under this Act, shall be expended

14 for any abortion.

15 (b) None of the funds appropriated under this Act,

16 and none of the funds in any trust fund to which funds

17 are appropriated under this Act, shall be expended for

18 health benefits coverage that includes coverage of abor19 tion.

20 (c) The term ‘‘health benefits coverage’’ means the

21 package of services covered by a managed care provider

22 or organization pursuant to a contract or other arrange23 ment.

24 SEC. 509. (a) The limitations established in the pre25 ceding section shall not apply to an abortion—
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1 (1) if the pregnancy is the result of an act of

2 rape or incest; or

3 (2) in the case where a woman suffers from a

4 physical disorder, physical injury, or physical illness,

5 including a life-endangering physical condition

6 caused by or arising from the pregnancy itself, that

7 would, as certified by a physician, place the woman

8 in danger of death unless an abortion is performed.

9 (b) Nothing in the preceding section shall be con10 strued as prohibiting the expenditure by a State, locality,

11 entity, or private person of State, local, or private funds

12 (other than a State’s or locality’s contribution of Medicaid

13 matching funds).

14 (c) Nothing in the preceding section shall be con15 strued as restricting the ability of any managed care pro16 vider from offering abortion coverage or the ability of a

17 State or locality to contract separately with such a pro18 vider for such coverage with State funds (other than a

19 State’s or locality’s contribution of Medicaid matching

20 funds).

21 SEC. 510. (a) None of the funds made available in

22 this Act may be used for—

23 (1) the creation of a human embryo or embryos

24 for research purposes; or
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1 (2) research in which a human embryo or em2 bryos are destroyed, discarded, or knowingly sub3 jected to risk of injury or death greater than that

4 allowed for research on fetuses in utero under 45

5 CFR 46.208(a)(2) and section 498(b) of the Public

6 Health Service Act (42 U.S.C. 289g(b)).

7 (b) For purposes of this section, the term ‘‘human

8 embryo or embryos’’ includes any organism, not protected

9 as a human subject under 45 CFR 46 as of the date of

10 the enactment of this Act, that is derived by fertilization,

11 parthenogenesis, cloning, or any other means from one or

12 more human gametes or human diploid cells.

13 SEC. 511. (a) None of the funds made available in

14 this Act may be used for any activity that promotes the

15 legalization of any drug or other substance included in

16 schedule I of the schedules of controlled substances estab17 lished by section 202 of the Controlled Substances Act (21

18 U.S.C. 812).

19 (b) The limitation in subsection (a) shall not apply

20 when there is significant medical evidence of a therapeutic

21 advantage to the use of such drug or other substance or

22 that federally sponsored clinical trials are being conducted

23 to determine therapeutic advantage.
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1 SEC. 512. None of the funds made available in this

2 Act may be obligated or expended to enter into or renew

3 a contract with an entity if—

4 (1) such entity is otherwise a contractor with

5 the United States and is subject to the requirement

6 in section 4212(d) of title 38, United States Code,

7 regarding submission of an annual report to the Sec8 retary of Labor concerning employment of certain

9 veterans; and

10 (2) such entity has not submitted a report as

11 required by that section for the most recent year for

12 which such requirement was applicable to such enti13 ty.

14 SEC. 513. None of the funds made available in this

15 Act may be used to promulgate or adopt any final stand16 ard under section 1173(b) of the Social Security Act (42

17 U.S.C. 1320d–2(b)) providing for, or providing for the as18 signment of, a unique health identifier for an individual

19 (except in an individual’s capacity as an employer or a

20 health care provider), until legislation is enacted specifi21 cally approving the standard.

22 SEC. 514. None of the funds made available in this

23 Act may be transferred to any department, agency, or in24 strumentality of the United States Government, except
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1 pursuant to a transfer made by, or transfer authority pro2 vided in, this Act or any other appropriation Act.

3 SEC. 515. (a) The matter under the heading ‘‘De4 partment of Education—Education for the Disadvan5 taged’’ in division G of Public Law 108–7 is amended—

6 (1) by striking ‘‘$4,651,199,000’’ and inserting

7 ‘‘$6,895,199,000’’; and

8 (2) by striking ‘‘$9,027,301,000’’ and inserting

9 ‘‘$6,783,301,000’’.

10 (b) The amendments made by subsection (a) shall

11 take effect on the date of the enactment of this Act.

12 SEC. 516. None of the funds made available by this

13 Act to carry out the Library Services and Technology Act

14 may be made available to any library covered by para15 graph (1) of section 224(f) of such Act (20 U.S.C.

16 9134(f)), as amended by the Children’s Internet Protec17 tions Act, unless such library has made the certifications

18 required by paragraph (4) of such section.

19 SEC. 517. None of the funds made available by this

20 Act to carry out part D of title II of the Elementary and

21 Secondary Education Act of 1965 may be made available

22 to any elementary or secondary school covered by para23 graph (1) of section 2441(a) of such Act (20 U.S.C.

24 6777(a)), as amended by the Children’s Internet Protec25 tions Act and the No Child Left Behind Act, unless the
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1 local educational agency with responsibility for such cov2 ered school has made the certifications required by para3 graph (2) of such section.

4 This Act may be cited as the ‘‘Departments of Labor,

5 Health and Human Services, and Education, and Related

6 Agencies Appropriations Act, 2004’’.

Passed the House of Representatives July 10, 2003.

Attest:

Clerk.
108TH CONGRESS

1ST SESSION H. R. 2660

AN ACT

Making appropriations for the Departments of

Labor, Health and Human Services, and Education, and related agencies for the fiscal yearending September 30, 2004, and for other purposes.