IB 

108TH CONGRESS 

1ST SESSION H. R. 2660

IN THE HOUSE OF REPRESENTATIVES 

SEPTEMBER 10, 2003

Ordered to be printed with the amendment of the Senate 

[Strike out all after the enacting clause and insert the part printed in italic] 

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, 

3 That the following sums are appropriated, out of any 

4 money in the Treasury not otherwise appropriated, for the 

5 Departments of Labor, Health and Human Services, and 

6 Education, and related agencies for the fiscal year ending 

7 September 30, 2004, and for other purposes, namely:
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1 TITLE I—DEPARTMENT OF LABOR 

2 EMPLOYMENT AND TRAINING ADMINISTRATION

3 TRAINING AND EMPLOYMENT SERVICES

4 For necessary expenses of the Workforce Investment 

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

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

7 buildings and other facilities, and the purchase of real 

8 property for training centers as authorized by such Act; 

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

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

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

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

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

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

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

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

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

20 Provided, That notwithstanding any other provision of 

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

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

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

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

25 such Act: Provided further, That, notwithstanding any 
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1 other provision of law or related regulation, $60,000,000 

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

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

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

6 further, That funds appropriated under this heading in 

7 Public Law 108–7 for migrant and seasonal farmworkers 

8 housing shall be made available only under the terms and 

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

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

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

14 Governor: Provided further, That funds provided to carry 

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

17 the workforce and incumbent workers: Provided further, 

18 That no funds from any other appropriation shall be used 

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

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

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

24 may be used to provide services to spouses of military per25 sonnel. 
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1 For necessary expenses of the Workforce Investment 

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

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

4 buildings and other facilities, and the purchase of real 

5 property for training centers as authorized by such Act; 

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

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

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

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

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

13 COMMUNITY SERVICE EMPLOYMENT FOR OLDER

14 AMERICANS

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

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

17 FEDERAL UNEMPLOYMENT BENEFITS AND ALLOWANCES

18 For payments during the current fiscal year of trade 

19 adjustment benefit payments and allowances under part 

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

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

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

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

26 2002, Public Law 107–210) $1,338,200,000, together 
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1 with such amounts as may be necessary to be charged to 

2 the subsequent appropriation for payments for any period 

3 subsequent to September 15 of the current year. 

4 STATE UNEMPLOYMENT INSURANCE AND EMPLOYMENT

5 SERVICE OPERATIONS

6 For authorized administrative expenses, 

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

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

9 which may be used for amortization payments to States 

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

12 expended from the Employment Security Administration 

13 Account in the Unemployment Trust Fund including the 

14 cost of administering section 51 of the Internal Revenue 

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

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

19 sums available in the allocation for activities authorized 

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

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

22 for necessary administrative expenses for carrying out 5 

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

24 States through December 31, 2004, except that funds 

25 used for automation acquisitions shall be available for obli26 gation by the States through September 30, 2006; of 
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1 which $142,520,000, together with not to exceed 

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

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

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

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

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

9 that the Average Weekly Insured Unemployment (AWIU) 

10 for fiscal year 2004 is projected by the Department of 

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

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

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

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

16 Fund: Provided further, That funds appropriated in this 

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

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

19 activities of the Federal-State unemployment insurance 

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

22 funds appropriated under this Act for activities authorized 

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

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

25 fund integrated Employment Service and Unemployment 
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1 Insurance automation efforts, notwithstanding cost alloca2 tion principles prescribed under Office of Management 

3 and Budget Circular A–87. 

4 ADVANCES TO THE UNEMPLOYMENT TRUST FUND AND

5 OTHER FUNDS

6 For repayable advances to the Unemployment Trust 

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

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

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

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

11 for nonrepayable advances to the Unemployment Trust 

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

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

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

16 In addition, for making repayable advances to the 

17 Black Lung Disability Trust Fund in the current fiscal 

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

19 Black Lung Disability Trust Fund in the current fiscal 

20 year, such sums as may be necessary. 

21 PROGRAM ADMINISTRATION

22 For expenses of administering employment and train23 ing programs, $115,824,000, including $2,393,000 to ad24 minister welfare-to-work grants, together with not to ex25 ceed $56,503,000, which may be expended from the Em-
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1 ployment Security Administration Account in the Unem2 ployment Trust Fund. 

3 EMPLOYEE BENEFITS SECURITY ADMINISTRATION

4 SALARIES AND EXPENSES

5 For necessary expenses for the Employee Benefits 

6 Security Administration $128,605,000. 

7 PENSION BENEFIT GUARANTY CORPORATION

8 PENSION BENEFIT GUARANTY CORPORATION FUND

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

12 within limits of funds and borrowing authority available 

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

14 such contracts and commitments without regard to fiscal 

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

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

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

20 for fiscal year 2004 shall be available for obligations for 

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

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

25 of the House and the Senate. 
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1 EMPLOYMENT STANDARDS ADMINISTRATION

2 SALARIES AND EXPENSES

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

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

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

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

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

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

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

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

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

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

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

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

22 the United States District Court for the District of the 

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

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

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

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

5 and issuing registrations under title I of the Migrant and 

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

7 1801 et seq.). 

8 SPECIAL BENEFITS

9 (INCLUDING TRANSFER OF FUNDS)

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

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

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

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

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

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

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

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

23 the subsequent year appropriation for the payment of 

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

26 amounts appropriated may be used under section 8104 of 
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1 title 5, United States Code, by the Secretary of Labor to 

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

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

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

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

8 in addition there shall be transferred to this appropriation 

9 from the Postal Service and from any other corporation 

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

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

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

13 determines to be the cost of administration for employees 

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

15 Provided further, That of those funds transferred to this 

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

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

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

21 systems, $11,618,000; (2) for automated workload proc22 essing operations including document imaging, centralized 

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

24 for periodic roll management and medical review, 

25 $13,210,000; and (4) the remaining funds shall be paid 
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1 into the Treasury as miscellaneous receipts: Provided fur2 ther, That the Secretary may require that any person fil3 ing a notice of injury or a claim for benefits under chapter 

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

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

8 SPECIAL BENEFITS FOR DISABLED COAL MINERS

9 For carrying out title IV of the Federal Mine Safety 

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

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

12 expended. 

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

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

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

16 as may be necessary. 

17 For making benefit payments under title IV of the 

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

19 available until expended.

20 ADMINISTRATIVE EXPENSES, ENERGY EMPLOYEES

21 OCCUPATIONAL ILLNESS COMPENSATION FUND

22 (INCLUDING TRANSFER OF FUNDS)

23 For necessary expenses to administer the Energy 

24 Employees Occupational Illness Compensation Act, 

25 $55,074,000 to remain available until expended: Provided, 

26 That the Secretary of Labor is authorized to transfer to 
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1 any executive agency with authority under the Energy 

2 Employees Occupational Illness Compensation Act, includ3 ing within the Department of Labor, such sums as may 

4 be necessary in fiscal year 2004 to carry out those authori5 ties: Provided further, That the Secretary may require that 

6 any person filing a claim for benefits under the Act pro7 vide as part of such claim, such identifying information 

8 (including Social Security account number) as may be pre9 scribed. 

10 BLACK LUNG DISABILITY TRUST FUND

11 (INCLUDING TRANSFER OF FUNDS)

12 Beginning in fiscal year 2004 and thereafter, such 

13 sums as may be necessary from the Black Lung Disability 

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

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

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

19 amounts shall be available from the Fund for fiscal year 

20 2004 for expenses of operation and administration of the 

21 Black Lung Benefits program, as authorized by section 

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

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

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

25 ‘‘Salaries and Expenses’’; $338,000 for transfer to De26 partmental Management, ‘‘Office of Inspector General’’; 
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1 and $356,000 for payments into miscellaneous receipts for 

2 the expenses of the Department of the Treasury. 

3 OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION

4 SALARIES AND EXPENSES

5 For necessary expenses for the Occupational Safety 

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

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

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

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

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

11 of State occupational safety and health programs required 

12 to be incurred under plans approved by the Secretary 

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

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

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

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

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

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

25 national and international laboratory recognition pro-
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1 grams that ensure the safety of equipment and products 

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

3 none of the funds appropriated under this paragraph shall 

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

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

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

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

9 Provided further, That no funds appropriated under this 

10 paragraph shall be obligated or expended to administer or 

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

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

13 who is included within a category having an occupational 

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

16 published, less than the national average rate as such 

17 rates are most recently published by the Secretary, acting 

18 through the Bureau of Labor Statistics, in accordance 

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

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

23 (2) to conduct an inspection or investigation in 

24 response to an employee complaint, to issue a cita25 tion for violations found during such inspection, and 
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1 to assess a penalty for violations which are not cor2 rected within a reasonable abatement period and for 

3 any willful violations found; 

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

5 with respect to imminent dangers; 

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

7 with respect to health hazards; 

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

9 with respect to a report of an employment accident 

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

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

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

15 with respect to complaints of discrimination against 

16 employees for exercising rights under such Act: Pro17 vided further, That the foregoing proviso shall not 

18 apply to any person who is engaged in a farming op19 eration which does not maintain a temporary labor 

20 camp and employs 10 or fewer employees. 

21 MINE SAFETY AND HEALTH ADMINISTRATION

22 SALARIES AND EXPENSES

23 For necessary expenses for the Mine Safety and 

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

25 and bestowal of certificates and trophies in connection 
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1 with mine rescue and first-aid work, and the hire of pas2 senger motor vehicles; including up to $1,000,000 for 

3 mine rescue and recovery activities, which shall be avail4 able only to the extent that fiscal year 2004 obligations 

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

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

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

8 the sale of training materials, otherwise authorized by law 

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

10 education and training activities, notwithstanding 31 

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

12 Administration may retain up to $1,000,000 from fees col13 lected for the approval and certification of equipment, ma14 terials, and explosives for use in mines, and may utilize 

15 such sums for such activities; the Secretary is authorized 

16 to accept lands, buildings, equipment, and other contribu17 tions from public and private sources and to prosecute 

18 projects in cooperation with other agencies, Federal, 

19 State, or private; the Mine Safety and Health Administra20 tion is authorized to promote health and safety education 

21 and training in the mining community through cooperative 

22 programs with States, industry, and safety associations; 

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

24 with the approval of the Secretary, to provide for the costs 
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1 of mine rescue and survival operations in the event of a 

2 major disaster. 

3 BUREAU OF LABOR STATISTICS

4 SALARIES AND EXPENSES

5 For necessary expenses for the Bureau of Labor Sta6 tistics, including advances or reimbursements to State, 

7 Federal, and local agencies and their employees for serv8 ices rendered, $437,152,000, together with not to exceed 

9 $75,110,000, which may be expended from the Employ10 ment Security Administration Account in the Unemploy11 ment Trust Fund. 

12 OFFICE OF DISABILITY EMPLOYMENT POLICY

13 SALARIES AND EXPENSES

14 For necessary expenses for the Office of Disability 

15 Employment Policy to provide leadership, develop policy 

16 and initiatives, and award grants furthering the objective 

17 of eliminating barriers to the training and employment of 

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

19 DEPARTMENTAL MANAGEMENT

20 SALARIES AND EXPENSES

21 For necessary expenses for Departmental Manage22 ment, including the hire of three sedans; $48,565,000 for 

23 the acquisition of Departmental information technology, 

24 architecture, infrastructure, equipment, software and re25 lated needs which will be allocated by the Department’s 
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1 Chief Information Officer in accordance with the Depart2 ment’s capital investment management process to assure 

3 a sound investment management process to assure a 

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

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

6 Employment Security Administration Account in the Un7 employment Trust Fund: Provided, That no funds made 

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

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

10 appeals of any decision made by the Benefits Review 

11 Board under section 21 of the Longshore and Harbor 

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

13 participation is precluded by the decision of the United 

14 States Supreme Court in Director, Office of Workers’ 

15 Compensation Programs v. Newport News Shipbuilding, 

16 115 S. Ct. 1278 (1995), notwithstanding any provisions 

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

18 of Appellate Procedure: Provided further, That no funds 

19 made available by this Act may be used by the Secretary 

20 of Labor to review a decision under the Longshore and 

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

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

23 before the Benefits Review Board for more than 12 

24 months: Provided further, That any such decision pending 

25 a review by the Benefits Review Board for more than 1 
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1 year shall be considered affirmed by the Benefits Review 

2 Board on the 1-year anniversary of the filing of the ap3 peal, and shall be considered the final order of the Board 

4 for purposes of obtaining a review in the United States 

5 courts of appeals: Provided further, That these provisions 

6 shall not be applicable to the review or appeal of any deci7 sion issued under the Black Lung Benefits Act (30 U.S.C. 

8 901 et seq.). 

9 VETERANS EMPLOYMENT AND TRAINING

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

11 Employment Security Administration Account in the Un12 employment Trust Fund to carry out the provisions of 38 

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

14 Public Law 103–353, and which shall be available for obli15 gation by the States through December 31, 2004, of which 

16 $2,000,000 is for the National Veterans’ Employment and 

17 Training Services Institute. To carry out the Homeless 

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

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

20 2913), $26,550,000 of which $7,550,000 shall be available 

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

22 30, 2005. 

23 OFFICE OF INSPECTOR GENERAL

24 For salaries and expenses of the Office of Inspector 

25 General in carrying out the provisions of the Inspector 

26 General Act of 1978, as amended, $60,896,000, together 
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1 with not to exceed $5,899,000, which may be expended 

2 from the Employment Security Administration Account in 

3 the Unemployment Trust Fund. 

4 WORKING CAPITAL FUND

5 For the acquisition of a new core accounting system 

6 for the Department of Labor, including hardware and 

7 software infrastructure and the costs associated with im8 plementation thereof, $18,000,000. 

9 GENERAL PROVISIONS 

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

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

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

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

14 II. 

15 (TRANSFER OF FUNDS)

16 SEC. 102. 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 current fiscal year for the 

20 Department of Labor in this Act may be transferred be21 tween appropriations, but no such appropriation shall be 

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

23 Provided, That the Appropriations Committees of both 

24 Houses of Congress are notified at least 15 days in ad25 vance of any transfer. 
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1 This title may be cited as the ‘‘Department of Labor 

2 Appropriations Act, 2004’’. 

3 TITLE II—DEPARTMENT OF HEALTH AND 

4 HUMAN SERVICES 

5 HEALTH RESOURCES AND SERVICES ADMINISTRATION

6 HEALTH RESOURCES AND SERVICES

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

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

9 427(a) of the Federal Coal Mine Health and Safety Act, 

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

11 Security Act, the Health Care Quality Improvement Act 

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

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

14 of 2000, and the Poison Control Center Enhancement and 

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

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

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

18 the Medicare rural hospital flexibility grants program 

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

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

21 be available until expended for facilities renovations at the

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

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

24 the Health Care Quality Improvement Act of 1986, fees 

25 shall be collected for the full disclosure of information 
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1 under the Act sufficient to recover the full costs of oper2 ating the National Practitioner Data Bank, and shall re3 main available until expended to carry out that Act: Pro4 vided further, That fees collected for the full disclosure of 

5 information under the ‘‘Health Care Fraud and Abuse 

6 Data Collection Program’’, authorized by section 

7 1128E(d)(2) of the Social Security Act, shall be sufficient 

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

9 shall remain available until expended to carry out that 

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

11 available for carrying out the provisions of Public Law 

12 104–73: Provided further, That of the funds made avail13 able under this heading, $273,350,000 shall be for the 

14 program under title X of the Public Health Service Act 

15 to provide for voluntary family planning projects: Provided 

16 further, That amounts provided to said projects under 

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

18 pregnancy counseling shall be nondirective, and that such 

19 amounts shall not be expended for any activity (including 

20 the publication or distribution of literature) that in any 

21 way tends to promote public support or opposition to any 

22 legislative proposal or candidate for public office: Provided 

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

24 Assistance Programs authorized by section 2616 of the 

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

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

3 of regional and national significance pursuant to section 

4 501(l)(2): Provided further, That $65,000,000 is available 

5 for special projects of regional and national significance 

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

7 shall not be counted toward compliance with the allocation 

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

9 be used only for making competitive grants to provide ab10 stinence education (as defined in section 510(b)(2) of such 

11 Act) to adolescents and for evaluations (including longitu12 dinal evaluations) of activities under the grants and for 

13 Federal costs of administering the grants: Provided fur14 ther, That grants under the immediately preceding proviso 

15 shall be made only to public and private entities which 

16 agree that, with respect to an adolescent to whom the enti17 ties provide abstinence education under such grant, the 

18 entities will not provide to that adolescent any other edu19 cation regarding sexual conduct, except that, in the case 

20 of an entity expressly required by law to provide health 

21 information or services the adolescent shall not be pre22 cluded from seeking health information or services from 

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

24 the abstinence education was provided: Provided further,
25

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1 That the funds expended for such evaluations may not ex2 ceed 3.5 percent of such amount. 

3 HEALTH EDUCATION ASSISTANCE LOANS PROGRAM

4 ACCOUNT

5 Such sums as may be necessary to carry out the pur6 pose of the program, as authorized by title VII of the Pub7 lic Health Service Act, as amended. For administrative ex8 penses to carry out the guaranteed loan program, includ9 ing section 709 of the Public Health Service Act, 

10 $3,389,000. 

11 VACCINE INJURY COMPENSATION PROGRAM TRUST FUND

12 For payments from the Vaccine Injury Compensation 

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

14 claims associated with vaccine-related injury or death with 

15 respect to vaccines administered after September 30, 

16 1988, pursuant to subtitle 2 of title XXI of the Public 

17 Health Service Act, to remain available until expended: 

18 Provided, That for necessary administrative expenses, not 

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

20 Fund to the Secretary of Health and Human Services. 

21 CENTERS FOR DISEASE CONTROL AND PREVENTION

22 DISEASE CONTROL, RESEARCH, AND TRAINING

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

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

25 101, 102, 103, 201, 202, 203, 301, and 501 of the Federal 

26 Mine Safety and Health Act of 1977, sections 20, 21, and 
26

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1 22 of the Occupational Safety and Health Act of 1970, 

2 title IV of the Immigration and Nationality Act, and sec3 tion 501 of the Refugee Education Assistance Act of 1980; 

4 including (purchase and) insurance of official motor vehi5 cles in foreign countries; and hire, maintenance, and oper6 ation of aircraft, $4,588,671,000, of which $206,000,000 

7 shall remain available until expended for equipment, and 

8 construction and renovation of facilities, and of which 

9 $242,569,000 for international HIV/AIDS shall remain 

10 available until September 30, 2005, including not less 

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

12 for the ‘‘International Mother and Child HIV Prevention 

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

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

15 account: Provided, That in addition to amounts provided 

16 herein, $13,226,000 shall be available from amounts avail17 able under section 241 of the Public Health Service Act 

18 to carry out the National Center for Health Statistics sur19 veys: Provided further, That none of the funds made avail20 able for injury prevention and control at the Centers for 

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

22 in part, to advocate or promote gun control: Provided fur23 ther, That the Director may redirect the total amount 

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

25 section 3, dated November 3, 1990, to activities the Direc-
27

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1 tor may so designate: Provided further, That the Congress 

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

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

4 for making grants under section 1509 of the Public 

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

6 further, That without regard to existing statute, funds ap7 propriated may be used to proceed, at the discretion of 

8 the Centers for Disease Control and Prevention, with 

9 property acquisition, including a long-term ground lease 

10 for construction on non-Federal land, to support the con11 struction of a replacement laboratory in the Fort Collins, 

12 Colorado area: Provided further, That notwithstanding any 

13 other provision of law, a single contract or related con14 tracts for development and construction of facilities may 

15 be employed which collectively include the full scope of the 

16 project: Provided further, That the solicitation and con17 tract shall contain the clause ‘‘availability of funds’’ found 

18 at 48 CFR 52.232–18. 

19 NATIONAL INSTITUTES OF HEALTH

20 NATIONAL CANCER INSTITUTE

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

23 $4,770,519,000. 
28

HR 2660 PP 

1 NATIONAL HEART, LUNG, AND BLOOD INSTITUTE

2 For carrying out section 301 and title IV of the Pub3 lic Health Service Act with respect to cardiovascular, lung, 

4 and blood diseases, and blood and blood products, 

5 $2,867,995,000. 

6 NATIONAL INSTITUTE OF DENTAL AND CRANIOFACIAL

7 RESEARCH

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

10 $382,396,000.

11 NATIONAL INSTITUTE OF DIABETES AND DIGESTIVE

12 AND KIDNEY DISEASES

13 For carrying out section 301 and title IV of the Pub14 lic Health Service Act with respect to diabetes and diges15 tive and kidney disease, $1,670,007,000. 

16 NATIONAL INSTITUTE OF NEUROLOGICAL DISORDERS

17 AND STROKE

18 For carrying out section 301 and title IV of the Pub19 lic Health Service Act with respect to neurological dis20 orders and stroke, $1,468,926,000. 

21 NATIONAL INSTITUTE OF ALLERGY AND INFECTIOUS

22 DISEASES

23 (INCLUDING TRANSFER OF FUNDS)

24 For carrying out section 301 and title IV of the Pub25 lic Health Service Act with respect to allergy and infec-
29

HR 2660 PP 

1 tious diseases, $4,335,255,000: Provided, That 

2 $100,000,000 may be made available to International As3 sistance Programs, ‘‘Global Fund to Fight HIV/AIDS, 

4 Malaria, and Tuberculosis’’, to remain available until ex5 pended. 

6 NATIONAL INSTITUTE OF GENERAL MEDICAL SCIENCES

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

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

10 NATIONAL INSTITUTE OF CHILD HEALTH AND HUMAN

11 DEVELOPMENT

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

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

15 NATIONAL EYE INSTITUTE

16 For carrying out section 301 and title IV of the Pub17 lic Health Service Act with respect to eye diseases and 

18 visual disorders, $648,299,000. 

19 NATIONAL INSTITUTE OF ENVIRONMENTAL HEALTH

20 SCIENCES

21 For carrying out sections 301 and 311 and title IV 

22 of the Public Health Service Act with respect to environ23 mental health sciences, $630,774,000. 
30

HR 2660 PP 

1 NATIONAL INSTITUTE ON AGING

2 For carrying out section 301 and title IV of the Pub3 lic Health Service Act with respect to aging, 

4 $994,411,000. 

5 NATIONAL INSTITUTE OF ARTHRITIS AND

6 MUSCULOSKELETAL AND SKIN DISEASES

7 For carrying out section 301 and title IV of the Pub8 lic Health Service Act with respect to arthritis and mus9 culoskeletal and skin diseases, $502,778,000. 

10 NATIONAL INSTITUTE ON DEAFNESS AND OTHER

11 COMMUNICATION DISORDERS

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

14 communication disorders, $380,377,000. 

15 NATIONAL INSTITUTE OF NURSING RESEARCH

16 For carrying out section 301 and title IV of the Pub17 lic Health Service Act with respect to nursing research, 

18 $134,579,000. 

19 NATIONAL INSTITUTE ON ALCOHOL ABUSE AND

20 ALCOHOLISM

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

23 alcoholism, $430,121,000. 
31

HR 2660 PP 

1 NATIONAL INSTITUTE ON DRUG ABUSE

2 For carrying out section 301 and title IV of the Pub3 lic Health Service Act with respect to drug abuse, 

4 $995,614,000. 

5 NATIONAL INSTITUTE OF MENTAL HEALTH

6 For carrying out section 301 and title IV of the Pub7 lic Health Service Act with respect to mental health, 

8 $1,382,114,000. 

9 NATIONAL HUMAN GENOME RESEARCH INSTITUTE

10 For carrying out section 301 and title IV of the Pub11 lic Health Service Act with respect to human genome re12 search, $478,072,000. 

13 NATIONAL INSTITUTE OF BIOMEDICAL IMAGING AND

14 BIOENGINEERING

15 For carrying out section 301 and title IV of the Pub16 lic Health Service Act with respect to biomedical imaging 

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

18 NATIONAL CENTER FOR RESEARCH RESOURCES

19 For carrying out section 301 and title IV of the Pub20 lic Health Service Act with respect to research resources 

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

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

23 recipients of the general research support grants program 

24 any amount for indirect expenses in connection with such 

25 grants. 
32

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1 NATIONAL CENTER FOR COMPLEMENTARY AND

2 ALTERNATIVE MEDICINE

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

5 alternative medicine, $116,202,000. 

6 NATIONAL CENTER ON MINORITY HEALTH AND HEALTH

7 DISPARITIES

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

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

11 JOHN E. FOGARTY INTERNATIONAL CENTER

12 For carrying out the activities at the John E. 

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

14 NATIONAL LIBRARY OF MEDICINE

15 For carrying out section 301 and title IV of the Pub16 lic Health Service Act with respect to health information 

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

18 be available until expended for improvement of informa19 tion systems: Provided, That in fiscal year 2004, the Li20 brary may enter into personal services contracts for the 

21 provision of services in facilities owned, operated, or con22 structed under the jurisdiction of the National Institutes 

23 of Health. 
33

HR 2660 PP 

1 OFFICE OF THE DIRECTOR

2 (INCLUDING TRANSFER OF FUNDS)

3 For carrying out the responsibilities of the Office of 

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

5 Provided, That funding shall be available for the purchase 

6 of not to exceed 29 passenger motor vehicles for replace7 ment only: Provided further, That the Director may direct 

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

9 or any other Act to all National Institutes of Health ap10 propriations to activities the Director may so designate: 

11 Provided further, That no such appropriation shall be de12 creased by more than 1 percent by any such transfers and 

13 that the Congress is promptly notified of the transfer: Pro14 vided further, That the National Institutes of Health is 

15 authorized to collect third party payments for the cost of 

16 clinical services that are incurred in National Institutes 

17 of Health research facilities and that such payments shall 

18 be credited to the National Institutes of Health Manage19 ment Fund: Provided further, That all funds credited to 

20 the National Institutes of Health Management Fund shall 

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

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

23 $500,000 shall be available to carry out section 499 of 

24 the Public Health Service Act. 
34

HR 2660 PP 

1 BUILDINGS AND FACILITIES

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

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

4 National Institutes of Health, including the acquisition of 

5 real property, $80,000,000, to remain available until ex6 pended. 

7 SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES

8 ADMINISTRATION

9 SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES

10 For carrying out titles V and XIX of the Public 

11 Health Service Act with respect to substance abuse and 

12 mental health services, the Protection and Advocacy for 

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

14 the Public Health Service Act with respect to program 

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

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

17 made available from amounts available under section 241 

18 of the Public Health Service Act to carry out national sur19 veys on drug abuse. 

20 AGENCY FOR HEALTHCARE RESEARCH AND QUALITY

21 HEALTHCARE RESEARCH AND QUALITY

22 For carrying out titles III and IX of the Public 

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

24 Security Act, amounts received from Freedom of Informa25 tion Act fees, reimbursable and interagency agreements, 
35

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

2 and shall remain available until expended: Provided, That 

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

4 the Public Health Service Act shall not exceed 

5 $303,695,000: Provided, That, of the funds made avail6 able under this heading, $12,000,000 shall be for the con7 duct of research on the comparative effectiveness, cost-ef8 fectiveness, and safety of drugs, biological products, and 

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

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

11 CENTERS FOR MEDICARE AND MEDICAID SERVICES

12 GRANTS TO STATES FOR MEDICAID

13 For carrying out, except as otherwise provided, titles 

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

15 to remain available until expended. 

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

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

18 quarter of fiscal year 2004 for unanticipated costs, in19 curred for the current fiscal year, such sums as may be 

20 necessary. 

21 For making payments to States or in the case of sec22 tion 1928 on behalf of States under title XIX of the Social 

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

24 $58,416,275,000, to remain available until expended. 
36

HR 2660 PP 

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 PP 

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

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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

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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 PP 

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 PP 

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 PP 

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 PP 

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 PP 

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 PP 

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 PP 

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 
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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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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 
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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 
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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-
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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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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 
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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 
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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 
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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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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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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-
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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. 
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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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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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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 bal3 ances of funds provided under this paragraph at the end 

4 of fiscal year 2004 not needed for fiscal year 2004 shall 

5 remain available until expended to invest in the Social Se6 curity Administration information technology and tele7 communications hardware and software infrastructure, in8 cluding related equipment and non-payroll administrative 

9 expenses associated solely with this information technology 

10 and telecommunications infrastructure: Provided further,

11 That reimbursement to the trust funds under this heading 

12 for expenditures for official time for employees of the So13 cial Security Administration pursuant to section 7131 of 

14 title 5, United States Code, and for facilities or support 

15 services for labor organizations pursuant to policies, regu16 lations, or procedures referred to in section 7135(b) of 

17 such title shall be made by the Secretary of the Treasury, 

18 with interest, from amounts in the general fund not other19 wise appropriated, as soon as possible after such expendi20 tures 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’’.

7 That the following sums are appropriated, out of any 

8 money in the Treasury not otherwise appropriated, for the 

9 Departments of Labor, Health and Human Services, and 

10 Education, and related agencies for the fiscal year ending 

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

12 TITLE I—DEPARTMENT OF LABOR 

13 EMPLOYMENTAND TRAINING ADMINISTRATION

14 TRAINING AND EMPLOYMENT SERVICES

15 For necessary expenses of the Workforce Investment Act 

16 of 1998, including the purchase and hire of passenger motor 

17 vehicles, the construction, alteration, and repair of build18 ings and other facilities, and the purchase of real property 

19 for training centers as authorized by the Workforce Invest20 ment Act of 1998; $2,652,588,000 plus reimbursements, of 

21 which $1,631,407,000 is available for obligation for the pe22 riod July 1, 2004 through June 30, 2005; of which 

23 $1,000,965,000 is available for obligation for the period 

24 April 1, 2004 through June 30, 2005, to carry out chapter 

25 4 of the Workforce Investment Act of 1998; and of which 
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1 $20,216,000 is available for the period July 1, 2004 through 

2 June 30, 2007 for necessary expenses of construction, reha3 bilitation, and acquisition of Job Corps centers: Provided, 

4 That notwithstanding any other provision of law, of the 

5 funds provided herein under section 137(c) of the Workforce 

6 Investment Act of 1998, $276,608,000 shall be for activities 

7 described in section 132(a)(2)(A) of such Act and 

8 $1,155,152,000 shall be for activities described in section 

9 132(a)(2)(B) of such Act: Provided further, That $9,039,000 

10 shall be for carrying out section 172 of the Workforce Invest11 ment Act of 1998: Provided further, That, notwithstanding 

12 any other provision of law or related regulation, 

13 $77,330,000 shall be for carrying out section 167 of the 

14 Workforce Investment Act of 1998, including $72,213,000 

15 for formula grants, $4,610,000 for migrant and seasonal 

16 housing, and $507,000 for other discretionary purposes: 

17 Provided further, That $4,609,840 appropriated under this 

18 heading in Public Law 108–7 for migrant and seasonal 

19 housing under section 167 of the Workforce Investment Act 

20 of 1998 and available for obligation for the period July 1, 

21 2003 through June 30, 2004 is hereby rescinded: Provided 

22 further, That $4,609,840 is available for obligation for the 

23 period July 1, 2003 through June 30, 2004, for farmworker 

24 housing organizations with grants expiring June 30, 2003 

25 to carry out migrant and seasonal housing activities, in-
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1 cluding permanent housing at the option of grantees, under 

2 section 167 of the Workforce Investment Act of 1998: Pro3 vided further, That funds provided to carry out section 

4 171(d) of the Workforce Investment Act of 1998 may be used 

5 for demonstration projects that provide assistance to new 

6 entrants in the workforce and incumbent workers: Provided 

7 further, That no funds from any other appropriation shall 

8 be used to provide meal services at or for Job Corps centers. 

9 For necessary expenses of the Workforce Investment Act 

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

11 vehicles, the construction, alteration, and repair of build12 ings and other facilities, and the purchase of real property 

13 for training centers as authorized by the Workforce Invest14 ment Act of 1998; $2,463,000,000 plus reimbursements, of 

15 which $2,363,000,000 is available for obligation for the pe16 riod October 1, 2004 through June 30, 2005, and of which 

17 $100,000,000 is available for the period October 1, 2004 

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

20 For necessary expenses of the Workforce Investment Act 

21 of 1998, including the purchase and hire of passenger motor 

22 vehicles, the construction, alteration, and repair of build23 ings and other facilities, and the purchase of real property 

24 for training centers as authorized by the Workforce Invest25 ment Act of 1998, $25,000,000 may be used to carry out 
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1 activities described in section 132(a)(2)(B) of that Act (re2 lating to dislocated worker employment and training ac3 tivities and other activities for dislocated workers). 

4 COMMUNITY SERVICE EMPLOYMENT FOR OLDER AMERICANS

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

6 1965, as amended, $442,306,000. 

7 FEDERAL UNEMPLOYMENTBENEFITS AND ALLOWANCES

8 For payments during the current fiscal year of trade 

9 adjustment benefit payments and allowances under part I; 

10 and for training, allowances for job search and relocation, 

11 and related State administrative expenses under part II of 

12 chapter 2, title II of the Trade Act of 1974 (including the 

13 benefits and services described under sections 123(c)(2) and 

14 151(b) and (c) of the Trade Adjustment Assistance Reform 

15 Act of 2002, Public Law 107–210), $1,338,200,000, together 

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

17 the subsequent appropriation for payments for any period 

18 subsequent to September 15 of the current year. 

19 STATE UNEMPLOYMENT INSURANCE AND EMPLOYMENT

20 SERVICE OPERATIONS

21 For authorized administrative expenses, $142,520,000, 

22 together with not to exceed $3,478,032,000 (including not 

23 to exceed $1,228,000 which may be used for amortization 

24 payments to States which had independent retirement plans 

25 in their State employment service agencies prior to 1980), 

26 which may be expended from the Employment Security Ad-
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1 ministration Account in the Unemployment Trust Fund in2 cluding the cost of administering section 51 of the Internal 

3 Revenue Code of 1986, as amended, section 7(d) of the Wag4 ner-Peyser Act, as amended, the Trade Act of 1974, as 

5 amended, the Immigration Act of 1990, and the Immigra6 tion and Nationality Act, as amended, and of which the 

7 sums available in the allocation for activities authorized by 

8 title III of the Social Security Act, as amended (42 U.S.C. 

9 502–504), and the sums available in the allocation for nec10 essary administrative expenses for carrying out 5 U.S.C. 

11 8501–8523, shall be available for obligation by the States 

12 through December 31, 2004, except that funds used for auto13 mation acquisitions shall be available for obligation by the 

14 States through September 30, 2006; of which $142,520,000, 

15 together with not to exceed $768,257,000 of the amount 

16 which may be expended from said trust fund, shall be avail17 able for obligation for the period July 1, 2004 through June 

18 30, 2005, to fund activities under the Act of June 6, 1933, 

19 as amended, including the cost of penalty mail authorized 

20 under 39 U.S.C. 3202(a)(1)(E) made available to States in 

21 lieu of allotments for such purpose: Provided, That to the 

22 extent that the Average Weekly Insured Unemployment 

23 (AWIU) for fiscal year 2004 is projected by the Department 

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

25 shall be available for obligation for every 100,000 increase 
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1 in the AWIU level (including a pro rata amount for any 

2 increment less than 100,000) from the Employment Secu3 rity Administration Account of the Unemployment Trust 

4 Fund: Provided further, That funds appropriated in this 

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

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

7 activities of the Federal-State unemployment insurance 

8 programs, may be obligated in contracts, grants or agree9 ments with non-State entities: Provided further, That funds 

10 appropriated under this Act for activities authorized under 

11 the Wagner-Peyser Act, as amended, and title III of the So12 cial Security Act, may be used by the States to fund inte13 grated Employment Service and Unemployment Insurance 

14 automation efforts, notwithstanding cost allocation prin15 ciples prescribed under Office of Management and Budget 

16 Circular A–87. 

17 ADVANCES TO THE UNEMPLOYMENT TRUST FUND AND

18 OTHER FUNDS

19 For repayable advances to the Unemployment Trust 

20 Fund as authorized by sections 905(d) and 1203 of the So21 cial Security Act, as amended, and to the Black Lung Dis22 ability Trust Fund as authorized by section 9501(c)(1) of 

23 the Internal Revenue Code of 1954, as amended; and for 

24 nonrepayable advances to the Unemployment Trust Fund 

25 as authorized by section 8509 of title 5, United States Code, 

26 and to the ‘‘Federal unemployment benefits and allow-
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1 ances’’ account, to remain available until September 30, 

2 2005, $467,000,000. 

3 In addition, for making repayable advances to the 

4 Black Lung Disability Trust Fund in the current fiscal 

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

6 Black Lung Disability Trust Fund in the current fiscal 

7 year, such sums as may be necessary. 

8 PROGRAM ADMINISTRATION

9 For expenses of administering employment and train10 ing programs, $115,824,000, including $2,393,000 to ad11 minister welfare-to-work grants, together with not to exceed 

12 $63,137,000, which may be expended from the Employment 

13 Security Administration Account in the Unemployment 

14 Trust Fund. 

15 EMPLOYEE BENEFITS SECURITY ADMINISTRATION

16 SALARIES AND EXPENSES

17 For necessary expenses for the Employee Benefits Secu18 rity Administration, $121,316,000. 

19 PENSION BENEFIT GUARANTY CORPORATION

20 PENSION BENEFIT GUARANTY CORPORATION FUND

21 The Pension Benefit Guaranty Corporation is author22 ized to make such expenditures, including financial assist23 ance authorized by section 104 of Public Law 96–364, with24 in limits of funds and borrowing authority available to 

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

26 such contracts and commitments without regard to fiscal 
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1 year limitations as provided by section 104 of the Govern2 ment Corporation Control Act, as amended (31 U.S.C. 

3 9104), as may be necessary in carrying out the program, 

4 including associated administrative expenses, through Sep5 tember 30, 2004 for such Corporation: Provided, That none 

6 of the funds available to the Corporation for fiscal year 

7 2004 shall be available for obligations for administrative 

8 expenses in excess of $228,772,000: Provided further, That 

9 obligations in excess of such amount may be incurred after 

10 approval by the Office of Management and Budget and the 

11 Committees on Appropriations of the House and Senate. 

12 EMPLOYMENT STANDARDS ADMINISTRATION

13 SALARIES AND EXPENSES

14 For necessary expenses for the Employment Standards 

15 Administration, including reimbursement to State, Federal, 

16 and local agencies and their employees for inspection serv17 ices rendered, $390,045,000, together with $2,016,000 which 

18 may be expended from the Special Fund in accordance with 

19 sections 39(c), 44(d) and 44(j) of the Longshore and Harbor 

20 Workers’ Compensation Act: Provided, That $2,000,000 

21 shall be for the development of an alternative system for 

22 the electronic submission of reports required to be filed 

23 under the Labor-Management Reporting and Disclosure Act 

24 of 1959, as amended, and for a computer database of the 

25 information for each submission by whatever means, that 
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1 is indexed and easily searchable by the public via the Inter2 net: Provided further, That the Secretary of Labor is au3 thorized to accept, retain, and spend, until expended, in 

4 the name of the Department of Labor, all sums of money 

5 ordered to be paid to the Secretary of Labor, in accordance 

6 with the terms of the Consent Judgment in Civil Action 

7 No. 91–0027 of the United States District Court for the Dis8 trict of the Northern Mariana Islands (May 21, 1992): Pro9 vided further, That the Secretary of Labor is authorized to 

10 establish and, in accordance with 31 U.S.C. 3302, collect 

11 and deposit in the Treasury fees for processing applications 

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

13 Fair Labor Standards Act of 1938, as amended (29 U.S.C. 

14 211(d) and 214) and for processing applications and 

15 issuing registrations under title I of the Migrant and Sea16 sonal Agricultural Worker Protection Act (29 U.S.C. 1801 

17 et seq.). 

18 SPECIAL BENEFITS

19 (INCLUDING TRANSFER OF FUNDS)

20 For the payment of compensation, benefits, and ex21 penses (except administrative expenses) accruing during the 

22 current or any prior fiscal year authorized by title 5, chap23 ter 81 of the United States Code; continuation of benefits 

24 as provided for under the heading ‘‘Civilian War Benefits’’ 

25 in the Federal Security Agency Appropriation Act, 1947; 

26 the Employees’ Compensation Commission Appropriation 
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1 Act, 1944; sections 4(c) and 5(f) of the War Claims Act 

2 of 1948 (50 U.S.C. App. 2012); and 50 percent of the addi3 tional compensation and benefits required by section 10(h) 

4 of the Longshore and Harbor Workers’ Compensation Act, 

5 as amended, $163,000,000, together with such amounts as 

6 may be necessary to be charged to the subsequent year ap7 propriation for the payment of compensation and other ben8 efits for any period subsequent to August 15 of the current 

9 year: Provided, That amounts appropriated may be used 

10 under section 8104 of title 5, United States Code, by the 

11 Secretary of Labor to reimburse an employer, who is not 

12 the employer at the time of injury, for portions of the salary 

13 of a reemployed, disabled beneficiary: Provided further, 

14 That balances of reimbursements unobligated on September 

15 30, 2003, shall remain available until expended for the pay16 ment of compensation, benefits, and expenses: Provided fur17 ther, That in addition there shall be transferred to this ap18 propriation from the Postal Service and from any other cor19 poration or instrumentality required under section 8147(c) 

20 of title 5, United States Code, to pay an amount for its 

21 fair share of the cost of administration, such sums as the 

22 Secretary determines to be the cost of administration for 

23 employees of such fair share entities through September 30, 

24 2004: Provided further, That of those funds transferred to 

25 this account from the fair share entities to pay the cost of 
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1 administration of the Federal Employees’ Compensation 

2 Act, $39,315,000 shall be made available to the Secretary 

3 as follows: (1) for enhancement and maintenance of auto4 mated data processing systems and telecommunications sys5 tems, $11,618,000; (2) for automated workload processing 

6 operations, including document imaging, centralized mail 

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

8 periodic roll management and medical review, $13,201,000; 

9 and (4) the remaining funds shall be paid into the Treasury 

10 as miscellaneous receipts: Provided further, That the Sec11 retary may require that any person filing a notice of injury 

12 or a claim for benefits under chapter 81 of title 5, United 

13 States Code, or 33 U.S.C. 901 et seq., provide as part of 

14 such notice and claim, such identifying information (in15 cluding Social Security account number) as such regula16 tions may prescribe. 

17 SPECIAL BENEFITS FOR DISABLED COAL MINERS

18 For carrying out title IV of the Federal Mine Safety 

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

20 275, (the ‘‘Act’’), $300,000,000, to remain available until 

21 expended. 

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

23 benefit payment to individuals under title IV of the Act, 

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

25 as may be necessary. 
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1 For making benefit payments under title IV of the first 

2 quarter of fiscal year 2005, $88,000,000, to remain avail3 able until expended. 

4 ADMINISTRATIVE EXPENSES, ENERGY EMPLOYEES

5 OCCUPATIONAL ILLNESS COMPENSATION FUND

6 (INCLUDING TRANSFER OF FUNDS)

7 For necessary expenses to administer the Energy Em8 ployees Occupational Illness Compensation Act, 

9 $55,074,000, to remain available until expended: Provided, 

10 That the Secretary of Labor is authorized to transfer to any 

11 executive agency with authority under the Energy Employ12 ees Occupational Illness Compensation Act, including with13 in the Department of Labor, such sums as may be necessary 

14 in fiscal year 2004 to carry out those authorities: Provided 

15 further, That the Secretary may require that any person 

16 filing a claim for benefits under the Act provide as part 

17 of such claim, such identifying information (including So18 cial Security account number) as may be prescribed. 

19 BLACK LUNG DISABILITY TRUST FUND

20 (INCLUDING TRANSFER OF FUNDS)

21 Beginning in fiscal year 2004 and thereafter, such 

22 sums as may be necessary from the Black Lung Disability 

23 Trust Fund, to remain available until expended, for pay24 ment of all benefits authorized by section 9501(d)(1), (2), 

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

26 amended; and interest on advances, as authorized by section 
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1 9501(c)(2) of that Act. In addition, the following amounts 

2 shall be available from the Fund for fiscal year 2004 for 

3 expenses of operation and administration of the Black Lung 

4 Benefits program, as authorized by section 9501(d)(5): 

5 $32,004,000 for transfer to the Employment Standards Ad6 ministration, ‘‘Salaries and Expenses’’; $23,401,000 for 

7 transfer to Departmental Management, ‘‘Salaries and Ex8 penses’’; $338,000 for transfer to Departmental Manage9 ment, ‘‘Office of Inspector General’’; and $356,000 for pay10 ments into miscellaneous receipts for the expenses of the De11 partment of the Treasury. 

12 OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION

13 SALARIES AND EXPENSES

14 For necessary expenses for the Occupational Safety 

15 and Health Administration, $463,324,000, including not to 

16 exceed $93,263,000 which shall be the maximum amount 

17 available for grants to States under section 23(g) of the Oc18 cupational Safety and Health Act (the ‘‘Act’’), which grants 

19 shall be no less than 50 percent of the costs of State occupa20 tional safety and health programs required to be incurred 

21 under plans approved by the Secretary under section 18 

22 of the Act; and, in addition, notwithstanding 31 U.S.C. 

23 3302, the Occupational Safety and Health Administration 

24 may retain up to $750,000 per fiscal year of training insti25 tute course tuition fees, otherwise authorized by law to be 
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1 collected, and may utilize such sums for occupational safety 

2 and health training and education grants: Provided, That, 

3 notwithstanding 31 U.S.C. 3302, the Secretary of Labor is 

4 authorized, during the fiscal year ending September 30, 

5 2004, to collect and retain fees for services provided to Na6 tionally Recognized Testing Laboratories, and may utilize 

7 such sums, in accordance with the provisions of 29 U.S.C. 

8 9a, to administer national and international laboratory 

9 recognition programs that ensure the safety of equipment 

10 and products used by workers in the workplace: Provided 

11 further, That none of the funds appropriated under this 

12 paragraph shall be obligated or expended to prescribe, issue, 

13 administer, or enforce any standard, rule, regulation, or 

14 order under the Act which is applicable to any person who 

15 is engaged in a farming operation which does not maintain 

16 a temporary labor camp and employs 10 or fewer employ17 ees: Provided further, That no funds appropriated under 

18 this paragraph shall be obligated or expended to administer 

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

20 the Act with respect to any employer of 10 or fewer employ21 ees who is included within a category having an occupa22 tional injury lost workday case rate, at the most precise 

23 Standard Industrial Classification Code for which such 

24 data are published, less than the national average rate as 

25 such rates are most recently published by the Secretary, act-
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1 ing 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 citation 

8 for violations found during such inspection, and to 

9 assess a penalty for violations which are not corrected 

10 within a reasonable abatement period and for any 

11 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, and 

20 to take any action pursuant to such investigation au21 thorized 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: 
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1 Provided further, That the foregoing proviso shall not apply 

2 to any person who is engaged in a farming operation which 

3 does not maintain a temporary labor camp and employs 

4 10 or fewer employees: Provided further, That not less than 

5 $3,200,000 shall be used to extend funding for the Institu6 tional Competency Building training grants which com7 menced in September 2000, for program activities for the 

8 period of September 30, 2003 to September 30, 2004, pro9 vided that a grantee has demonstrated satisfactory perform10 ance. 

11 MINE SAFETY AND HEALTH ADMINISTRATION

12 SALARIES AND EXPENSES

13 For necessary expenses for the Mine Safety and Health 

14 Administration, $270,711,000, including purchase and be15 stowal of certificates and trophies in connection with mine 

16 rescue and first-aid work, and the hire of passenger motor 

17 vehicles; including up to $2,000,000 for mine rescue and 

18 recovery activities; in addition, not to exceed $750,000 may 

19 be collected by the National Mine Health and Safety Acad20 emy for room, board, tuition, and the sale of training mate21 rials, otherwise authorized by law to be collected, to be 

22 available for mine safety and health education and training 

23 activities, notwithstanding 31 U.S.C. 3302; and, in addi24 tion, the Mine Safety and Health Administration may re25 tain up to $1,000,000 from fees collected for the approval 
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1 and certification of equipment, materials, and explosives for 

2 use in mines, and may utilize such sums for such activities; 

3 the Secretary is authorized to accept lands, buildings, 

4 equipment, and other contributions from public and private 

5 sources and to prosecute projects in cooperation with other 

6 agencies, Federal, State, or private; the Mine Safety and 

7 Health Administration is authorized to promote health and 

8 safety education and training in the mining community 

9 through cooperative programs with States, industry, and 

10 safety associations; and any funds available to the depart11 ment may be used, with the approval of the Secretary, to 

12 provide for the costs of mine rescue and survival operations 

13 in the event of a major disaster. 

14 BUREAU OF LABOR STATISTICS

15 SALARIES AND EXPENSES

16 For necessary expenses for the Bureau of Labor Statis17 tics, including advances or reimbursements to State, Fed18 eral, and local agencies and their employees for services ren19 dered, $445,113,000, together with not to exceed 

20 $75,110,000, which may be expended from the Employment 

21 Security Administration Account in the Unemployment 

22 Trust Fund, of which $5,000,000 may be used to fund the 

23 mass layoff statistics program under section 15 of the Wag24 ner-Peyser Act (29 U.S.C. 49l–2). 
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1 OFFICE OF DISABILITY EMPLOYMENT POLICY

2 SALARIES AND EXPENSES

3 For necessary expenses for the Office of Disability Em4 ployment Policy to provide leadership, develop policy and 

5 initiatives, and award grants furthering the objective of 

6 eliminating barriers to the training and employment of 

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

8 DEPARTMENTAL MANAGEMENT

9 SALARIES AND EXPENSES

10 For necessary expenses for Departmental Management, 

11 including the hire of three sedans, and including the man12 agement or operation, through contracts, grants or other ar13 rangements of Departmental activities conducted by or 

14 through the Bureau of International Labor Affairs, includ15 ing bilateral and multilateral technical assistance and other 

16 international labor activities, and $48,565,000, for the ac17 quisition of Departmental information technology, architec18 ture, infrastructure, equipment, software and related needs 

19 which will be allocated by the Department’s Chief Informa20 tion Officer in accordance with the Department’s capital 

21 investment management process to assure a sound invest22 ment strategy; $351,295,000; together with not to exceed 

23 $314,000, which may be expended from the Employment 

24 Security Administration Account in the Unemployment 

25 Trust Fund: Provided, That no funds made available by 
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1 this Act may be used by the Solicitor of Labor to participate 

2 in a review in any United States court of appeals of any 

3 decision made by the Benefits Review Board under section 

4 21 of the Longshore and Harbor Workers’ Compensation Act 

5 (33 U.S.C. 921) where such participation is precluded by 

6 the decision of the United States Supreme Court in Direc7 tor, Office of Workers’ Compensation Programs v. Newport 

8 News Shipbuilding, 115 S. Ct. 1278 (1995), notwith9 standing any provisions to the contrary contained in Rule 

10 15 of the Federal Rules of Appellate Procedure: Provided 

11 further, That no funds made available by this Act may be 

12 used by the Secretary of Labor to review a decision under 

13 the Longshore and Harbor Workers’ Compensation Act (33 

14 U.S.C. 901 et seq.) that has been appealed and that has 

15 been pending before the Benefits Review Board for more 

16 than 12 months: Provided further, That any such decision 

17 pending a review by the Benefits Review Board for more 

18 than 1 year shall be considered affirmed by the Benefits 

19 Review Board on the 1-year anniversary of the filing of 

20 the appeal, and shall be considered the final order of the 

21 Board for purposes of obtaining a review in the United 

22 States courts of appeals: Provided further, That these provi23 sions shall not be applicable to the review or appeal of any 

24 decision issued under the Black Lung Benefits Act (30 

25 U.S.C. 901 et seq.): Provided further, That of this amount, 
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1 sufficient funds shall be available for the Secretary of Labor, 

2 not later than 60 days after the last day of the fiscal year, 

3 may submit to Congress a report on the amount of acquisi4 tions made by the Department of Labor during such fiscal 

5 year of articles, materials, or supplies that were manufac6 tured outside the United States. Such report shall sepa7 rately indicate the dollar value of any articles, materials, 

8 or supplies purchased by the Department of Labor that were 

9 manufactured outside the United States, an itemized list 

10 of all waivers under the Buy American Act (41 U.S.C. 10a 

11 et seq.) that were granted with respect to such articles, ma12 terials, or supplies, and a summary of total procurement 

13 funds spent on goods manufactured in the United States 

14 versus funds spent on goods manufactured outside of the 

15 United States. The Secretary of Labor shall make the report 

16 publicly available by posting the report on an Internet 

17 website. 

18 VETERANS EMPLOYMENT AND TRAINING

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

20 Employment Security Administration Account in the Un21 employment Trust Fund to carry out the provisions of 38 

22 U.S.C. 4100–4012, 4211–4215, and 4321–4327, and Public 

23 Law 103–353, and which shall be available for obligation 

24 by the States through December 31, 2004, of which 

25 $2,000,000 is for the National Veterans’ Employment and 

26 Training Services Institute. To carry out the Homeless Vet-
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1 erans Reintegration Programs (38 U.S.C. 2021) and the 

2 Veterans Workforce Investment Programs (29 U.S.C. 2913), 

3 $26,550,000, of which $7,550,000 shall be available for obli4 gation for the period July 1, 2004 through June 30, 2005. 

5 OFFICE OF INSPECTOR GENERAL

6 For salaries and expenses of the Office of Inspector 

7 General in carrying out the provisions of the Inspector Gen8 eral Act of 1978, as amended, $59,291,000, together with 

9 not to exceed $5,561,000, which may be expended from the 

10 Employment Security Administration Account in the Un11 employment Trust Fund. 

12 WORKING CAPITAL FUND

13 For the acquisition of a new core accounting system 

14 for the Department of Labor, including hardware and soft15 ware infrastructure and the costs associated with imple16 mentation thereof, $9,700,000. 

17 GENERAL PROVISIONS 

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

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

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

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

22 II. 

23 (TRANSFER OF FUNDS)

24 SEC. 102. Not to exceed 1 percent of any discretionary 

25 funds (pursuant to the Balanced Budget and Emergency 

26 Deficit Control Act of 1985, as amended) which are appro-
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1 priated for the current fiscal year for the Department of 

2 Labor in this Act may be transferred between appropria3 tions, but no such appropriation shall be increased by more 

4 than 3 percent by any such transfer: Provided, That the 

5 Appropriations Committees of both Houses of Congress are 

6 notified at least 15 days in advance of any transfer. 

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

8 13126, none of the funds appropriated or otherwise made 

9 available pursuant to this Act shall be obligated or expended 

10 for the procurement of goods mined, produced, manufac11 tured, or harvested or services rendered, whole or in part, 

12 by forced or indentured child labor in industries and host 

13 countries already identified by the United States Depart14 ment of Labor prior to enactment of this Act. 

15 SEC. 104. There is authorized to be appropriated such 

16 sums as may be necessary to the Denali Commission 

17 through the Department of Labor to conduct job training 

18 of the local workforce where Denali Commission projects 

19 will be constructed. 

20 SEC. 105. Of the funds appropriated for fiscal year 

21 1999 under section 403(a)(5)(H)(i)(II) of the Social Secu22 rity Act (42 U.S.C. 603(a)(5)(H)(i)(II)) that were allotted 

23 as welfare to work formula grants to the States under sec24 tion 403(a)(5)(A) of such Act (42 U.S.C. 603(a)(5)(A)), 

25 $210,833,000 is hereby rescinded. In order to carry out this 
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1 section, the Secretary of Labor shall recapture unexpended 

2 funds from the States that have received such allotments 

3 based on the relative amount of funds from such allotments 

4 that remain unexpended in each State as compared to the 

5 total amount of funds from such allotments that remain un6 expended in all States as of September 30, 2003. The Sec7 retary of Labor is authorized to establish such procedures 

8 as the Secretary determines are appropriate to carry out 

9 this section. 

10 SEC. 106. None of the funds provided under this Act 

11 shall be used to promulgate or implement any regulation 

12 that exempts from the requirements of section 7 of the Fair 

13 Labor Standards Act of 1938 (29 U.S.C. 207) any employee 

14 who is not otherwise exempted pursuant to regulations 

15 under section 13 of such Act (29 U.S.C. 213) that were in 

16 effect as of September 3, 2003. 

17 SEC. 107. The Department of Labor may cease the im18 plementation of closing procedures for the Department of 

19 Labor Employment and Training Administration regional 

20 office in New York City, New York, and the Employment 

21 and Training Administration affiliate offices in Seattle, 

22 Washington, Kansas City, Missouri, and Denver, Colorado 

23 until September 30, 2004. 

24 SEC. 108. (a) FINDINGS.—Congress finds that—
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1 (1) it is projected that the Department of Labor, 

2 in conjunction with labor, industry, and the National 

3 Institute for Occupational Safety and Health, will be 

4 undertaking several months of testing on Personal 

5 Dust Monitor production prototypes; and 

6 (2) the testing of Personal Dust Monitor proto7 types is set to begin (by late May or early June of 

8 2004) following the scheduled delivery of the Personal 

9 Dust Monitors in May 2004. 

10 (b) RE-PROPOSAL OF RULE.—Following the successful 

11 demonstration of Personal Dust Monitor technology, and if 

12 the Secretary of Labor makes a determination that Personal 

13 Dust Monitors can be effectively applied in a regulatory 

14 scheme, the Secretary of Labor shall re-propose a rule on 

15 respirable coal dust which incorporates the use of Personal 

16 Dust Monitors, and, if such rule is re-proposed, the Sec17 retary shall comply with the regular procedures applicable 

18 to Federal rulemaking. 

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

20 Appropriations Act, 2004’’. 
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1 TITLE II—DEPARTMENT OF HEALTH AND 

2 HUMAN SERVICES 

3 HEALTH RESOURCES AND SERVICES ADMINISTRATION

4 HEALTH RESOURCES AND SERVICES

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

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

7 427(a) of the Federal Coal Mine Health and Safety Act, 

8 title V (including section 510), and sections 1128E and 

9 1820 of the Social Security Act, the Health Care Quality 

10 Improvement Act of 1986, as amended, the Native Hawai11 ian Health Care Act of 1988, as amended, the Cardiac Ar12 rest Survival Act of 2000, and the Poison Control Center 

13 Enhancement and Awareness Act, $5,881,322,000, of which 

14 $39,740,000 from general revenues, notwithstanding section 

15 1820(j) of the Social Security Act, shall be available for 

16 carrying out the Medicare rural hospital flexibility grants 

17 program under section 1820 of such Act: Provided, That 

18 of the funds made available under this heading, $250,000 

19 shall be available until expended for facilities renovations 

20 at the Gillis W. Long Hansen’s Disease Center: Provided 

21 further, That in addition to fees authorized by section 

22 427(b) of the Health Care Quality Improvement Act of 

23 1986, fees shall be collected for the full disclosure of informa24 tion under the Act sufficient to recover the full costs of oper25 ating the National Practitioner Data Bank, and shall re-
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1 main available until expended to carry out that Act: Pro2 vided further, That fees collected for the full disclosure of 

3 information under the ‘‘Health Care Fraud and Abuse Data 

4 Collection Program’’, authorized by section 1128E(d)(2) of 

5 the Social Security Act, shall be sufficient to recover the 

6 full costs of operating the program, and shall remain avail7 able until expended to carry out that Act: Provided further, 

8 that no more than $10,000,000 is available for carrying out 

9 the provisions of U.S.C. Title 42 Section 233(o) including 

10 associated administrative expenses: Provided further, That 

11 $10,000,000 is to establish a National Cord Blood Stem Cell 

12 Bank Program: Provided further, That no more than 

13 $45,000,000 is available for carrying out the provisions of 

14 Public Law 104–73: Provided further, That of the funds 

15 made available under this heading, $283,350,000 shall be 

16 for the program under title X of the Public Health Service 

17 Act to provide for voluntary family planning projects: Pro18 vided further, That amounts provided to said projects under 

19 such title shall not be expended for abortions, that all preg20 nancy counseling shall be nondirective, and that such 

21 amounts shall not be expended for any activity (including 

22 the publication or distribution of literature) that in any 

23 way tends to promote public support or opposition to any 

24 legislative proposal or candidate for public office: Provided 

25 further, That $739,000,000 shall be for State AIDS Drug 
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1 Assistance Programs authorized by section 2616 of the Pub2 lic Health Service Act: Provided further, That in addition 

3 to amounts provided herein, $25,000,000 shall be available 

4 from amounts available under section 241 of the Public 

5 Health Service Act to carry out Parts A, B, C, and D of 

6 title XXVI of the Public Health Service Act to fund section 

7 2691 Special Projects of National Significance: Provided 

8 further, That notwithstanding section 502(a)(1) of the So9 cial Security Act, not to exceed $116,381,000 is available 

10 for carrying out special projects of regional and national 

11 significance pursuant to section 501(a)(2) of such Act: Pro12 vided further, That $73,044,000 is available for special 

13 projects of regional and national significance under section 

14 501(a)(2) of the Social Security Act, which shall not be 

15 counted toward compliance with the allocation required in 

16 section 502(a)(1) of such Act, and which shall be used only 

17 for making competitive grants to provide abstinence edu18 cation (as defined in section 510(b)(2) of such Act) to ado19 lescents and for evaluations (including longitudinal evalua20 tions) of activities under the grants and for Federal costs 

21 of administering the grants: Provided further, That grants 

22 under the immediately preceding proviso shall be made only 

23 to public and private entities which agree that, with respect 

24 to an adolescent to whom the entities provide abstinence 

25 education under such grant, the entities will not provide 
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1 to that adolescent any other education regarding sexual con2 duct, except that, in the case of an entity expressly required 

3 by law to provide health information or services the adoles4 cent shall not be precluded from seeking health information 

5 or services from the entity in a different setting than the 

6 setting in which the abstinence education was provided: 

7 Provided further, That the funds expended for such evalua8 tions may not exceed 3.5 percent of such amount: Provided 

9 further, That up to $1,000,000 may be made available to 

10 carry out the rural emergency medical service training and 

11 equipment assistance program under section 330J of the 

12 Public Health Service Act (42 U.S.C. 254c–15). 

13 HEALTH EDUCATION ASSISTANCE LOANS PROGRAM

14 ACCOUNT

15 Such sums as may be necessary to carry out the pur16 pose of the program, as authorized by title VII of the Public 

17 Health Service Act, as amended. For administrative ex18 penses to carry out the guaranteed loan program, including 

19 section 709 of the Public Health Service Act, $3,389,000. 

20 VACCINE INJURY COMPENSATION PROGRAM TRUST FUND

21 For payments from the Vaccine Injury Compensation 

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

23 claims associated with vaccine-related injury or death with 

24 respect to vaccines administered after September 30, 1988, 

25 pursuant to subtitle 2 of title XXI of the Public Health 

26 Service Act, to remain available until expended: Provided, 
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1 That for necessary administrative expenses, not to exceed 

2 $2,972,000 shall be available from the Trust Fund to the 

3 Secretary of Health and Human Services. 

4 CENTERS FOR DISEASE CONTROL AND PREVENTION

5 DISEASE CONTROL, RESEARCH, AND TRAINING

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

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

8 101, 102, 103, 201, 202, 203, 301, and 501 of the Federal 

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

10 22 of the Occupational Safety and Health Act of 1970, title 

11 IV of the Immigration and Nationality Act, and section 501 

12 of the Refugee Education Assistance Act of 1980; including 

13 purchase and insurance of official motor vehicles in foreign 

14 countries; and purchase, hire, maintenance, and operation 

15 of aircraft, $4,432,496,000, of which $260,000,000 shall re16 main available until expended for equipment, and construc17 tion and renovation of facilities, and of which $232,569,000 

18 for international HIV/AIDS shall remain available until 

19 September 30, 2005, including up to $90,000,000, to re20 main available until expended for the ‘‘International Moth21 er and Child HIV Prevention Initiative.’’ In addition, such 

22 sums as may be derived from authorized user fees, which 

23 shall be credited to this account: Provided, That in addition 

24 to amounts provided herein, $14,000,000 shall be available 

25 from amounts available under section 241 of the Public 
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1 Health Service Act to carry out the National Immunization 

2 Surveys: Provided further, That in addition to amounts 

3 provided herein, $127,634,000 shall be available from 

4 amounts available under section 241 of the Public Health 

5 Service Act to carry out the National Center for Health Sta6 tistics surveys: Provided further, That none of the funds 

7 made available for injury prevention and control at the 

8 Centers for Disease Control and Prevention may be used, 

9 in whole or in part, to advocate or promote gun control: 

10 Provided further, That in addition to amounts provided 

11 herein, $28,600,000 shall be available from amounts avail12 able under section 241 of the Public Health Service Act to 

13 carry out information systems standards development and 

14 architecture and applications-based research used at local 

15 public health levels: Provided further, That in addition to 

16 amounts provided herein, $41,900,000 shall be available 

17 from amounts available under section 241 of the Public 

18 Health Service Act to carry out Research Tools and Ap19 proaches activities within the National Occupational Re20 search Agenda: Provided further, That the Director may re21 direct the total amount made available under authority of 

22 Public Law 101–502, section 3, dated November 3, 1990, 

23 to activities the Director may so designate: Provided fur24 ther, That the Congress is to be notified promptly of any 

25 such transfer: Provided further, That not to exceed 
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1 $12,500,000 may be available for making grants under sec2 tion 1509 of the Public Health Service Act to not more than 

3 15 States: Provided further, That without regard to existing 

4 statute, funds appropriated may be used to proceed, at the 

5 discretion of the Centers for Disease Control and Preven6 tion, with property acquisition, including a long-term 

7 ground lease for construction on non-Federal land, to sup8 port the construction of a replacement laboratory in the 

9 Fort Collins, Colorado area: Provided further, That not10 withstanding any other provision of law, a single contract 

11 or related contracts for development and construction of fa12 cilities may be employed which collectively include the full 

13 scope of the project: Provided further, That the solicitation 

14 and contract shall contain the clause ‘‘availability of funds’’ 

15 found at 48 CFR 52.232–18. 

16 NATIONAL INSTITUTES OF HEALTH

17 NATIONAL CANCER INSTITUTE

18 For carrying out section 301 and title IV of the Public 

19 Health Service Act with respect to cancer, $4,770,519,000. 

20 NATIONAL HEART, LUNG, AND BLOOD INSTITUTE

21 For carrying out section 301 and title IV of the Public 

22 Health Service Act with respect to cardiovascular, lung, 

23 and blood diseases, and blood and blood products, 

24 $2,897,595,000. 
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1 NATIONAL INSTITUTE OF DENTAL AND CRANIOFACIAL

2 RESEARCH

3 For carrying out section 301 and title IV of the Public 

4 Health Service Act with respect to dental disease, 

5 $386,396,000. 

6 NATIONAL INSTITUTE OF DIABETES AND DIGESTIVE AND

7 KIDNEY DISEASES

8 For carrying out section 301 and title IV of the Public 

9 Health Service Act with respect to diabetes and digestive 

10 and kidney disease, $1,683,007,000. 

11 NATIONAL INSTITUTE OF NEUROLOGICAL DISORDERS AND

12 STROKE

13 For carrying out section 301 and title IV of the Public 

14 Health Service Act with respect to neurological disorders 

15 and stroke, $1,510,926,000. 

16 NATIONAL INSTITUTE OF ALLERGY AND INFECTIOUS

17 DISEASES

18 (INCLUDING TRANSFER OF FUNDS)

19 For carrying out section 301 and title IV of the Public 

20 Health Service Act with respect to allergy and infectious 

21 diseases, $4,335,255,000: Provided, That $150,000,000 may 

22 be made available to International Assistance Programs, 

23 ‘‘Global Fund to Fight HIV/AIDS, Malaria, and Tuber24 culosis’’, to remain available until expended. 
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1 NATIONAL INSTITUTE OF GENERAL MEDICAL SCIENCES

2 For carrying out section 301 and title IV of the Public 

3 Health Service Act with respect to general medical sciences, 

4 $1,917,033,000. 

5 NATIONAL INSTITUTE OF CHILD HEALTH AND HUMAN

6 DEVELOPMENT

7 For carrying out section 301 and title IV of the Public 

8 Health Service Act with respect to child health and human 

9 development, $1,251,185,000. 

10 NATIONAL EYE INSTITUTE

11 For carrying out section 301 and title IV of the Public 

12 Health Service Act with respect to eye diseases and visual 

13 disorders, $657,199,000. 

14 NATIONAL INSTITUTE OF ENVIRONMENTAL HEALTH

15 SCIENCES

16 For carrying out sections 301 and 311 and title IV 

17 of the Public Health Service Act with respect to environ18 mental health sciences, $637,074,000. 

19 NATIONAL INSTITUTE ON AGING

20 For carrying out section 301 and title IV of the Public 

21 Health Service Act with respect to aging, $1,031,411,000. 

22 NATIONAL INSTITUTE OF ARTHRITIS AND

23 MUSCULOSKELETAL AND SKIN DISEASES

24 For carrying out section 301 and title IV of the Public 

25 Health Service Act with respect to arthritis and musculo26 skeletal and skin diseases, $505,000,000. 
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1 NATIONAL INSTITUTE ON DEAFNESS AND OTHER

2 COMMUNICATION DISORDERS

3 For carrying out section 301 and title IV of the Public 

4 Health Service Act with respect to deafness and other com5 munication disorders, $384,577,000. 

6 NATIONAL INSTITUTE OF NURSING RESEARCH

7 For carrying out section 301 and title IV of the Public 

8 Health Service Act with respect to nursing research, 

9 $135,579,000. 

10 NATIONAL INSTITUTE ON ALCOHOL ABUSE AND

11 ALCOHOLISM

12 For carrying out section 301 and title IV of the Public 

13 Health Service Act with respect to alcohol abuse and alco14 holism, $431,521,000. 

15 NATIONAL INSTITUTE ON DRUG ABUSE

16 For carrying out section 301 and title IV of the Public 

17 Health Service Act with respect to drug abuse, 

18 $997,614,000. 

19 NATIONAL INSTITUTE OF MENTAL HEALTH

20 For carrying out section 301 and title IV of the Public 

21 Health Service Act with respect to mental health, 

22 $1,391,114,000. 

23 NATIONAL HUMAN GENOME RESEARCH INSTITUTE

24 For carrying out section 301 and title IV of the Public 

25 Health Service Act with respect to human genome research, 

26 $482,372,000. 
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1 NATIONAL INSTITUTE OF BIOMEDICAL IMAGING AND

2 BIOENGINEERING

3 For carrying out section 301 and title IV of the Public 

4 Health Service Act with respect to biomedical imaging and 

5 bioengineering research, $289,300,000. 

6 NATIONAL CENTER FOR RESEARCH RESOURCES

7 For carrying out section 301 and title IV of the Public 

8 Health Service Act with respect to research resources and 

9 general research support grants, $1,186,483,000: Provided, 

10 That none of these funds shall be used to pay recipients 

11 of the general research support grants program any amount 

12 for indirect expenses in connection with such grants: Pro13 vided further, That $119,220,000 shall be for extramural 

14 facilities construction grants. 

15 NATIONAL CENTER FOR COMPLEMENTARY AND

16 ALTERNATIVE MEDICINE

17 For carrying out section 301 and title IV of the Public 

18 Health Service Act with respect to complementary and al19 ternative medicine, $117,902,000. 

20 NATIONAL CENTER ON MINORITY HEALTH AND HEALTH

21 DISPARITIES

22 For carrying out section 301 and title IV of the Public 

23 Health Service Act with respect to minority health and 

24 health disparities research, $192,824,000. 
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1 JOHN E. FOGARTY INTERNATIONAL CENTER

2 For carrying out the activities at the John E. Fogarty 

3 International Center, $65,900,000. 

4 NATIONAL LIBRARY OF MEDICINE

5 For carrying out section 301 and title IV of the Public 

6 Health Service Act with respect to health information com7 munications, $311,835,000, of which $4,000,000 shall be 

8 available until expended for improvement of information 

9 systems: Provided, That in fiscal year 2004, the Library 

10 may enter into personal services contracts for the provision 

11 of services in facilities owned, operated, or constructed 

12 under the jurisdiction of the National Institutes of Health: 

13 Provided further, That in addition to amounts provided 

14 herein, $8,200,000 shall be available from amounts avail15 able under section 241 of the Public Health Service Act to 

16 carry out National Information Center on Health Services 

17 Research and Health Care Technology and related health 

18 services. 

19 OFFICE OF THE DIRECTOR

20 (INCLUDING TRANSFER OF FUNDS)

21 For carrying out the responsibilities of the Office of 

22 the Director, National Institutes of Health, $323,483,000: 

23 Provided, That funding shall be available for the purchase 

24 of not to exceed 29 passenger motor vehicles for replacement 

25 only: Provided further, That the Director may direct up to 

26 1 percent of the total amount made available in this or any 
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1 other Act to all National Institutes of Health appropria2 tions to activities the Director may so designate: Provided 

3 further, That no such appropriation shall be decreased by 

4 more than 1 percent by any such transfers and that the 

5 Congress is promptly notified of the transfer: Provided fur6 ther, That the National Institutes of Health is authorized 

7 to collect third party payments for the cost of clinical serv8 ices that are incurred in National Institutes of Health re9 search facilities and that such payments shall be credited 

10 to the National Institutes of Health Management Fund: 

11 Provided further, That all funds credited to the National 

12 Institutes of Health Management Fund shall remain avail13 able for 1 fiscal year after the fiscal year in which they 

14 are deposited: Provided further, That up to $497,000 shall 

15 be available to carry out section 499 of the Public Health 

16 Service Act. 

17 BUILDINGS AND FACILITIES

18 (INCLUDING TRANSFER OF FUNDS)

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

20 acquisition of equipment for, facilities of or used by the Na21 tional Institutes of Health, including the acquisition of real 

22 property, $89,500,000, to remain available until expended: 

23 Provided, That notwithstanding any other provision of law, 

24 single contracts or related contracts, which collectively in25 clude the full scope of the project, may be employed for the 

26 development and construction of the first and second phases 
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1 of the John Edward Porter Neuroscience Research Center: 

2 Provided further, That the solicitations and contracts shall 

3 contain the clause ‘‘availability of funds’’ found at 48 CFR 

4 52.232–18. 

5 SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES

6 ADMINISTRATION

7 SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES

8 For carrying out titles V and XIX of the Public Health 

9 Service Act with respect to substance abuse and mental 

10 health services, the Protection and Advocacy for Mentally 

11 Ill Individuals Act of 1986, and section 301 of the Public 

12 Health Service Act with respect to program management, 

13 $3,157,540,000: Provided, That in addition to amounts pro14 vided herein, $79,200,000 shall be available from amounts 

15 available under section 241 of the Public Health Service 

16 Act to carry out subpart II of title XIX of the Public Health 

17 Service Act to fund section 1935(b) technical assistance, na18 tional data, data collection and evaluation activities, and 

19 further that the total available under this Act for section 

20 1935(b) activities shall not exceed 5 percent of the amounts 

21 appropriated for subpart II of title XIX: Provided further, 

22 That in addition to the amounts provided herein, 

23 $21,850,000 shall be available from amounts available 

24 under Section 241 of the Public Health Service Act to carry 

25 out subpart I of Part B of title XIX of the Public Health 
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1 Service Act to fund section 1920(b) technical assistance, 

2 data collection and program evaluation activities, and fur3 ther that the total available under this Act for section 

4 1920(b) activities shall not exceed 5 percent of the amounts 

5 appropriated for subpart I of Part B of Title XIX: Provided 

6 further, That in addition to amounts provided herein, 

7 $16,000,000 shall be made available from amounts avail8 able under section 241 of the Public Health Service Act to 

9 carry out national surveys on drug abuse. 

10 AGENCY FOR HEALTHCARE RESEARCH AND QUALITY

11 HEALTHCARE RESEARCH AND QUALITY

12 For carrying out titles III and IX of the Public Health 

13 Service Act, and part A of title XI of the Social Security 

14 Act, amounts received from Freedom of Information Act 

15 fees, reimbursable and interagency agreements, and the sale 

16 of data shall be credited to this appropriation and shall 

17 remain available until expended: Provided, That the 

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

19 Public Health Service Act shall not exceed $303,695,000. 

20 CENTERS FOR MEDICARE AND MEDICAID SERVICES

21 GRANTS TO STATES FOR MEDICAID

22 For carrying out, except as otherwise provided, titles 

23 XI and XIX of the Social Security Act, $124,892,197,000, 

24 to remain available until expended. 
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1 For making, after May 31, 2004, payments to States 

2 under title XIX of the Social Security Act for the last quar3 ter of fiscal year 2004 for unanticipated costs, incurred for 

4 the current fiscal year, such sums as may be necessary. 

5 For making payments to States or in the case of sec6 tion 1928 on behalf of States under title XIX of the Social 

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

8 $58,416,275,000, to remain available until expended. 

9 Payment under title XIX may be made for any quarter 

10 with respect to a State plan or plan amendment in effect 

11 during such quarter, if submitted in or prior to such quar12 ter and approved in that or any subsequent quarter. 

13 PAYMENTS TO HEALTH CARE TRUST FUNDS

14 For payment to the Federal Hospital Insurance and 

15 the Federal Supplementary Medical Insurance Trust 

16 Funds, as provided under section 1844 of the Social Secu17 rity Act, sections 103(c) and 111(d) of the Social Security 

18 Amendments of 1965, section 278(d) of Public Law 97–248, 

19 and for administrative expenses incurred pursuant to sec20 tion 201(g) of the Social Security Act, $95,084,100,000. 

21 PROGRAM MANAGEMENT

22 For carrying out, except as otherwise provided, titles 

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

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

25 Clinical Laboratory Improvement Amendments of 1988, not 

26 to exceed $2,707,603,000, to be transferred from the Federal 
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1 Hospital Insurance and the Federal Supplementary Med2 ical Insurance Trust Funds, as authorized by section 201(g) 

3 of the Social Security Act; together with all funds collected 

4 in accordance with section 353 of the Public Health Service 

5 Act and section 1857(e)(2) of the Social Security Act, and 

6 such sums as may be collected from authorized user fees and 

7 the sale of data, which shall remain available until ex8 pended, and together with administrative fees collected rel9 ative to Medicare overpayment recovery activities, which 

10 shall remain available until expended: Provided, That all 

11 funds derived in accordance with 31 U.S.C. 9701 from or12 ganizations established under title XIII of the Public Health 

13 Service Act shall be credited to and available for carrying 

14 out the purposes of this appropriation: Provided further, 

15 That $30,000,000, to remain available until September 30, 

16 2005, is for contract costs for CMS’s Systems Revitalization 

17 Plan: Provided further, That $56,991,000, to remain avail18 able until September 30, 2005, is for contract costs for the 

19 Healthcare Integrated General Ledger Accounting System: 

20 Provided further, That the Secretary of Health and Human 

21 Services is directed to collect fees in fiscal year 2004 from 

22 Medicare∂Choice organizations pursuant to section 

23 1857(e)(2) of the Social Security Act and from eligible orga24 nizations with risk-sharing contracts under section 1876 of 

25 that Act pursuant to section 1876(k)(4)(D) of that Act: Pro-
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1 vided further, that to the extent Medicare claims processing 

2 unit costs are projected by the Centers for Medicare & Med3 icaid Services to exceed $0.87 for Part A claims and/or 

4 $0.65 for Part B claims, up to an additional $18,000,000 

5 may be available for obligation for every $0.04 increase in 

6 Medicare claims processing unit costs from the Federal Hos7 pital Insurance and the Federal Supplementary Medical 

8 Insurance Trust Funds. The calculation of projected unit 

9 costs shall be derived in the same manner in which the esti10 mated unit costs were calculated for the Federal budget esti11 mate for the fiscal year 

12 HEALTH MAINTENANCE ORGANIZATION LOAN AND LOAN

13 GUARANTEE FUND

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

15 1308 of the Public Health Service Act, any amounts re16 ceived by the Secretary in connection with loans and loan 

17 guarantees under title XIII of the Public Health Service 

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

19 payment of outstanding obligations. During fiscal year 

20 2004, no commitments for direct loans or loan guarantees 

21 shall be made. 

22 ADMINISTRATION FOR CHILDREN AND FAMILIES

23 PAYMENTS TO STATES FOR CHILD SUPPORT ENFORCEMENT

24 AND FAMILY SUPPORTPROGRAMS

25 For making payments to States or other non-Federal 

26 entities under titles I, IV–D, X, XI, XIV, and XVI of the 
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1 Social Security Act and the Act of July 5, 1960 (24 U.S.C. 

2 ch. 9), $3,292,270,000, to remain available until expended; 

3 and for such purposes for the first quarter of fiscal year 

4 2005, $1,200,000,000, to remain available until expended. 

5 For making payments to each State for carrying out 

6 the program of Aid to Families with Dependent Children 

7 under title IV–A of the Social Security Act before the effec8 tive date of the program of Temporary Assistance for Needy 

9 Families (TANF) with respect to such State, such sums as 

10 may be necessary: Provided, That the sum of the amounts 

11 available to a State with respect to expenditures under such 

12 title IV–A in fiscal year 1997 under this appropriation and 

13 under such title IV–A as amended by the Personal Respon14 sibility and Work Opportunity Reconciliation Act of 1996 

15 shall not exceed the limitations under section 116(b) of such 

16 Act. 

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

18 payments to States or other non-Federal entities under ti19 tles I, IV–D, X, XI, XIV, and XVI of the Social Security 

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

21 last 3 months of the current fiscal year for unanticipated 

22 costs, incurred for the current fiscal year, such sums as may 

23 be necessary. 

24 LOW INCOME HOME ENERGY ASSISTANCE

25 For making payments under title XXVI of the Omni26 bus Budget Reconciliation Act of 1981, $2,000,000,000. 
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1 REFUGEE AND ENTRANT ASSISTANCE

2 For making payments for refugee and entrant assist3 ance activities authorized by title IV of the Immigration 

4 and Nationality Act and section 501 of the Refugee Edu5 cation Assistance Act of 1980 (Public Law 96–422), 

6 $383,894,000: Provided, That funds appropriated pursuant 

7 to section 414(a) of the Immigration and Nationality Act 

8 for fiscal year 2004 shall be available for the costs of assist9 ance provided and other activities through September 30, 

10 2006: Provided further, That up to $9,935,000 is available 

11 to carry out the Trafficking Victims Protection Act of 2000. 

12 For carrying out section 5 of the Torture Victims Re13 lief Act of 1998 (Public Law 105–320), $9,935,000. For car14 rying out section 462 of the Homeland Security Act of 2002, 

15 (Public Law 107–296), $34,227,000. 

16 PAYMENTS TO STATES FOR THE CHILD CARE AND

17 DEVELOPMENTBLOCK GRANT

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

19 Omnibus Budget Reconciliation Act of 1981 (The Child 

20 Care and Development Block Grant Act of 1990), 

21 $2,099,729,000 shall be used to supplement, not supplant 

22 State general revenue funds for child care assistance for 

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

24 available for child care resource and referral and school25 aged child care activities, of which $1,000,000 shall be for 

26 the Child Care Aware toll free hotline: Provided further, 
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1 That, in addition to the amounts required to be reserved 

2 by the States under section 658G, $272,672,000 shall be re3 served by the States for activities authorized under section 

4 658G, of which $100,000,000 shall be for activities that im5 prove the quality of infant and toddler care: Provided fur6 ther, That $10,000,000 shall be for use by the Secretary for 

7 child care research, demonstration, and evaluation activi8 ties. 

9 SOCIAL SERVICES BLOCK GRANT

10 For making grants to States pursuant to section 2002 

11 of the Social Security Act, $1,700,000,000. 

12 CHILDREN AND FAMILIES SERVICES PROGRAMS

13 For carrying out, except as otherwise provided, the 

14 Runaway and Homeless Youth Act, the Developmental Dis15 abilities Assistance and Bill of Rights Act, the Head Start 

16 Act, the Child Abuse Prevention and Treatment Act, sec17 tions 310 and 316 of the Family Violence Prevention and 

18 Services Act, as amended, the Native American Programs 

19 Act of 1974, title II of Public Law 95–266 (adoption oppor20 tunities), the Adoption and Safe Families Act of 1997 (Pub21 lic Law 105–89), sections 1201 and 1211 of the Children’s 

22 Health Act of 2000, the Abandoned Infants Assistance Act 

23 of 1988, sections 261 and 291 of the Help America Vote 

24 Act of 2002, the Early Learning Opportunities Act, part 

25 B(1) of title IV and sections 413, 429A, 1110, and 1115 

26 of the Social Security Act, and sections 40155, 40211, and 
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1 40241 of Public Law 103–322; for making payments under 

2 the Community Services Block Grant Act, sections 439(h), 

3 473A, and 477(i) of the Social Security Act, and title IV 

4 of Public Law 105–285, and for necessary administrative 

5 expenses to carry out said Acts and titles I, IV, X, XI, XIV, 

6 XVI, and XX of the Social Security Act, the Act of July 

7 5, 1960 (24 U.S.C. ch. 9), the Omnibus Budget Reconcili8 ation Act of 1981, title IV of the Immigration and Nation9 ality Act, section 501 of the Refugee Education Assistance 

10 Act of 1980, section 5 of the Torture Victims Relief Act of 

11 1998 (Public Law 105–320), sections 40155, 40211, and 

12 40241 of Public Law 103–322, and section 126 and titles 

13 IV and V of Public Law 100–485, $8,780,002,000, of which 

14 $42,720,000, to remain available until September 30, 2005, 

15 shall be for grants to States for adoption incentive pay16 ments, as authorized by section 473A of title IV of the Social 

17 Security Act (42 U.S.C. 670–679) and may be made for 

18 adoptions completed before September 30, 2004; of which 

19 $6,815,570,000 shall be for making payments under the 

20 Head Start Act, of which $1,400,000,000 shall become 

21 available October 1, 2004 and remain available through 

22 September 30, 2005; and of which $717,620,000 shall be for 

23 making payments under the Community Services Block 

24 Grant Act: Provided, That not less than $7,203,000 shall 

25 be for section 680(3)(B) of the Community Services Block 
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1 Grant Act, as amended: Provided further, That in addition 

2 to amounts provided herein, $6,000,000 shall be available 

3 from amounts available under section 241 of the Public 

4 Health Service Act to carry out the provisions of section 

5 1110 of the Social Security Act: Provided further, That to 

6 the extent Community Services Block Grant funds are dis7 tributed as grant funds by a State to an eligible entity as 

8 provided under the Act, and have not been expended by such 

9 entity, they shall remain with such entity for carryover into 

10 the next fiscal year for expenditure by such entity consistent 

11 with program purposes: Provided further, That the Sec12 retary shall establish procedures regarding the disposition 

13 of intangible property which permits grant funds, or intan14 gible assets acquired with funds authorized under section 

15 680 of the Community Services Block Grant Act, as amend16 ed, to become the sole property of such grantees after a pe17 riod of not more than 12 years after the end of the grant 

18 for purposes and uses consistent with the original grant: 

19 Provided further, That funds appropriated for section 

20 680(a)(2) of the Community Services Block Grant Act, as 

21 amended, shall be available for financing construction and 

22 rehabilitation and loans or investments in private business 

23 enterprises owned by community development corporations: 

24 Provided further, That $89,978,000 shall be for activities 

25 authorized by the Runaway and Homeless Youth Act, not-
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1 withstanding the allocation requirements of section 388(a) 

2 of such Act, of which $40,505,000 is for the transitional 

3 living program: Provided further, That $34,772,000 is for 

4 a compassion capital fund to provide grants to charitable 

5 organizations to emulate model social service programs and 

6 to encourage research on the best practices of social service 

7 organizations: Provided further, That $15,000,000 shall be 

8 for activities authorized by the Help America Vote Act of 

9 2002, of which $10,000,000 shall be for payments to States 

10 to promote disabled voter access, and of which $5,000,000 

11 shall be for payments to States for disabled voters protection 

12 and advocacy systems. 

13 PROMOTING SAFE AND STABLE FAMILIES

14 For carrying out section 436 of the Social Security 

15 Act, $305,000,000 and for section 437, $99,350,000. 

16 PAYMENTS TO STATES FOR FOSTER CARE AND ADOPTION

17 ASSISTANCE

18 For making payments to States or other non-Federal 

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

20 $5,068,300,000. 

21 For making payments to States or other non-Federal 

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

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

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

25 payments to States or other non-Federal entities under sec26 tion 474 of title IV–E, for the last 3 months of the current 
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1 fiscal year for unanticipated costs, incurred for the current 

2 fiscal year, such sums as may be necessary. 

3 ADMINISTRATION ON AGING

4 AGING SERVICES PROGRAMS

5 For carrying out, to the extent not otherwise provided, 

6 the Older Americans Act of 1965, as amended, and section 

7 398 of the Public Health Service Act, $1,360,193,000, of 

8 which $5,500,000 shall be available for activities regarding 

9 medication management, screening, and education to pre10 vent incorrect medication and adverse drug reactions; and 

11 of which $2,842,000 shall remain available until September 

12 30, 2006, for the White House Conference on Aging. 

13 OFFICE OF THE SECRETARY

14 GENERAL DEPARTMENTAL MANAGEMENT

15 For necessary expenses, not otherwise provided, for 

16 general departmental management, including hire of six se17 dans, and for carrying out titles III, XVII, and XX of the 

18 Public Health Service Act, and the United States-Mexico 

19 Border Health Commission Act, $342,808,000, together 

20 with $5,851,000 to be transferred and expended as author21 ized by section 201(g)(1) of the Social Security Act from 

22 the Hospital Insurance Trust Fund and the Supplemental 

23 Medical Insurance Trust Fund: Provided, That of the funds 

24 made available under this heading for carrying out title 

25 XX of the Public Health Service Act, $11,885,000 shall be 
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1 for activities specified under section 2003(b)(2), of which 

2 $10,157,000 shall be for prevention service demonstration 

3 grants under section 510(b)(2) of title V of the Social Secu4 rity Act, as amended, without application of the limitation 

5 of section 2010(c) of said title XX: Provided further, That 

6 of this amount, $50,000,000 is for minority AIDS preven7 tion and treatment activities; and $15,000,000 shall be for 

8 an Information Technology Security and Innovation Fund 

9 for Department-wide activities involving cybersecurity, in10 formation technology security, and related innovation 

11 projects, and $5,000,000 is to assist Afghanistan in the de12 velopment of maternal and child health clinics, consistent 

13 with section 103(a)(4)(H) of the Afghanistan Freedom Sup14 port Act of 2002: Provided further, That of this amount, 

15 $3,000,000 shall be made available to carry out section 

16 340G of the Public Health Service Act (42 U.S.C. 256g) 

17 (in addition to other amounts appropriated under this title 

18 for such purpose): Provided further, That of this amount, 

19 sufficient funds shall be available for the Secretary of 

20 Health and Human Services, not later than 60 days after 

21 the last day of the fiscal year, to submit to Congress a report 

22 on the amount of acquisitions made by the Department of 

23 Health and Human Services during such fiscal year of arti24 cles, materials, or supplies that were manufactured outside 

25 the United States. Such report shall separately indicate the 
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1 dollar value of any articles, materials, or supplies pur2 chased by the Department of Health and Human Services 

3 that were manufactured outside the United States, an 

4 itemized list of all waivers under the Buy American Act 

5 (41 U.S.C. 10a et seq.) that were granted with respect to 

6 such articles, materials, or supplies, and a summary of 

7 total procurement funds spent on goods manufactured in 

8 the United States versus funds spent on goods manufactured 

9 outside of the United States. The Secretary of Health and 

10 Human Services shall make the report publicly available 

11 by posting the report on an Internet website. 

12 OFFICE OF INSPECTOR GENERAL

13 For expenses necessary for the Office of Inspector Gen14 eral in carrying out the provisions of the Inspector General 

15 Act of 1978, as amended, $39,497,000: Provided, That, of 

16 such amount, necessary sums are available for providing 

17 protective services to the Secretary and investigating non18 payment of child support cases for which non-payment is 

19 a Federal offense under 18 U.S.C. 228. 

20 OFFICE FOR CIVIL RIGHTS

21 For expenses necessary for the Office for Civil Rights, 

22 $30,936,000, together with not to exceed $3,314,000 to be 

23 transferred and expended as authorized by section 201(g)(1) 

24 of the Social Security Act from the Hospital Insurance 

25 Trust Fund and the Supplemental Medical Insurance Trust 

26 Fund. 
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1 POLICY RESEARCH

2 For carrying out, to the extent not otherwise provided, 

3 research studies under section 1110 of the Social Security 

4 Act and title III of the Public Health Service Act, 

5 $23,499,000, which shall be available from amounts avail6 able under section 241 of the Public Health Service Act to 

7 carry out national health or human services research and 

8 evaluation activities: Provided, That the expenditure of any 

9 funds available under section 241 of the Public Health Serv10 ice Act are subject to the requirements of section 205 of this 

11 Act. 

12 RETIREMENT PAY AND MEDICAL BENEFITS FOR

13 COMMISSIONED OFFICERS

14 For retirement pay and medical benefits of Public 

15 Health Service Commissioned Officers as authorized by law, 

16 for payments under the Retired Serviceman’s Family Pro17 tection Plan and Survivor Benefit Plan, for medical care 

18 of dependents and retired personnel under the Dependents’ 

19 Medical Care Act (10 U.S.C. ch. 55 and 56), and for pay20 ments pursuant to section 229(b) of the Social Security Act 

21 (42 U.S.C. 429(b)), such amounts as may be required dur22 ing the current fiscal year. The following are definitions 

23 for the medical benefits of the Public Health Service Com24 missioned Officers that apply to 10 U.S.C. chapter 56, sec25 tion 1116(c). The source of funds for the monthly accrual 

26 payments into the Department of Defense Medicare-Eligible 
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1 Retiree Health Care Fund shall be the Retirement Pay and 

2 Medical Benefits for Commissioned Officers account. For 

3 purposes of this Act, the term ‘‘pay of members’’ shall be 

4 construed to be synonymous with retirement payments to 

5 United States Public Health Service officers who are retired 

6 for age, disability, or length of service; payments to sur7 vivors of deceased officers; medical care to active duty and 

8 retired members and dependents and beneficiaries; and for 

9 payments to the Social Security Administration for mili10 tary service credits; all of which payments are provided for 

11 by the Retirement Pay and Medical Benefits for Commis12 sioned Officers account. 

13 PUBLIC HEALTH AND SOCIAL SERVICES EMERGENCY FUND

14 For expenses necessary to support activities related to 

15 countering potential biological, disease and chemical threats 

16 to civilian populations, $1,856,040,000: Provided, That this 

17 amount is distributed as follows: Centers for Disease Con18 trol and Prevention, $1,116,156,000; Office of the Secretary, 

19 $61,820,000; Health Resources and Services Administra20 tion, $578,064,000; and $100,000,000 shall be available 

21 until expended for activities to ensure a year-round influ22 enza vaccine production capacity and the development and 

23 implementation of rapidly expandable production tech24 nologies: Provided further, That at the discretion of the Sec25 retary, these amounts may be transferred between categories 

26 subject to normal reprogramming procedures: Provided fur-
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1 ther, That employees of the Centers for Disease Control and 

2 Prevention or the Public Health Service, both civilian and 

3 Commissioned Officers, detailed to States, municipalities or 

4 other organizations under authority of section 214 of the 

5 Public Health Service Act for purposes related to homeland 

6 security, shall be treated as non-Federal employees for re7 porting purposes only and shall not be included within any 

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

9 Department of Health and Human Services during the pe10 riod of detail or assignment. 

11 GENERAL PROVISIONS 

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

13 available for not to exceed $50,000 for official reception and 

14 representation expenses when specifically approved by the 

15 Secretary. 

16 SEC. 202. The Secretary shall make available through 

17 assignment not more than 60 employees of the Public 

18 Health Service to assist in child survival activities and to 

19 work in AIDS programs through and with funds provided 

20 by the Agency for International Development, the United 

21 Nations International Children’s Emergency Fund or the 

22 World Health Organization. 

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

24 Act may be used to implement section 399F(b) of the Public 

25 Health Service Act or section 1503 of the National Insti-
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1 tutes of Health Revitalization Act of 1993, Public Law 103–

2 43. 

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

4 for the National Institutes of Health, the Agency for 

5 Healthcare Research and Quality, and the Substance Abuse 

6 and Mental Health Services Administration shall be used 

7 to pay the salary of an individual, through a grant or other 

8 extramural mechanism, at a rate in excess of Executive 

9 Level I. 

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

11 may be expended pursuant to section 241 of the Public 

12 Health Service Act, except for funds specifically provided 

13 for in this Act, or for other taps and assessments made by 

14 any office located in the Department of Health and Human 

15 Services, prior to the Secretary’s preparation and submis16 sion of a report to the Committee on Appropriations of the 

17 Senate and of the House detailing the planned uses of such 

18 funds. 

19 SEC. 206. Notwithstanding section 241(a) of the Public 

20 Health Service Act, such portion as the Secretary shall de21 termine, but not more than 2.2 percent, of any amounts 

22 appropriated for programs authorized under said Act shall 

23 be made available for the evaluation (directly, or by grants 

24 or contracts) of the implementation and effectiveness of such 

25 programs. 
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1 (TRANSFER OF FUNDS)

2 SEC. 207. Not to exceed 1 percent of any discretionary 

3 funds (pursuant to the Balanced Budget and Emergency 

4 Deficit Control Act of 1985, as amended) which are appro5 priated for the current fiscal year for the Department of 

6 Health and Human Services in this or any other Act may 

7 be transferred between appropriations, but no such appro8 priation shall be increased by more than 3 percent by any 

9 such transfer: Provided, That an appropriation may be in10 creased by up to an additional 2 percent subject to approval 

11 by the House and Senate Committees on Appropriations: 

12 Provided further, That the Appropriations Committees of 

13 both Houses of Congress are notified at least 15 days in 

14 advance of any transfer. 

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

16 Health, jointly with the Director of the Office of AIDS Re17 search, may transfer up to 3 percent among institutes, cen18 ters, and divisions from the total amounts identified by 

19 these two Directors as funding for research pertaining to 

20 the human immunodeficiency virus: Provided, That the 

21 Congress is promptly notified of the transfer. 

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

23 for the National Institutes of Health, the amount for re24 search related to the human immunodeficiency virus, as 

25 jointly determined by the Director of the National Institutes 
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1 of Health and the Director of the Office of AIDS Research, 

2 shall be made available to the ‘‘Office of AIDS Research’’ 

3 account. The Director of the Office of AIDS Research shall 

4 transfer from such account amounts necessary to carry out 

5 section 2353(d)(3) of the Public Health Service Act. 

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

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

8 Public Health Service Act unless the applicant for the 

9 award certifies to the Secretary that it encourages family 

10 participation in the decision of minors to seek family plan11 ning services and that it provides counseling to minors on 

12 how to resist attempts to coerce minors into engaging in 

13 sexual activities. 

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

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

16 used to carry out the Medicare+Choice program if the Sec17 retary denies participation in such program to an other18 wise eligible entity (including a Provider Sponsored Orga19 nization) because the entity informs the Secretary that it 

20 will not provide, pay for, provide coverage of, or provide 

21 referrals for abortions: Provided, That the Secretary shall 

22 make appropriate prospective adjustments to the capitation 

23 payment to such an entity (based on an actuarially sound 

24 estimate of the expected costs of providing the service to such 

25 entity’s enrollees): Provided further, That nothing in this 
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1 section shall be construed to change the Medicare program’s 

2 coverage for such services and a Medicare+Choice organiza3 tion described in this section shall be responsible for inform4 ing enrollees where to obtain information about all Medi5 care covered services. 

6 SEC. 212. Notwithstanding any other provision of law, 

7 no provider of services under title X of the Public Health 

8 Service Act shall be exempt from any State law requiring 

9 notification or the reporting of child abuse, child molesta10 tion, sexual abuse, rape, or incest. 

11 SEC. 213. The Foreign Operations, Export Financing, 

12 and Related Programs Appropriations Act, 1990 (Public 

13 Law 101–167) is amended—

14 (1) in section 599D (8 U.S.C. 1157 note)—

15 (A) in subsection (b)(3), by striking ‘‘1997, 

16 1998, 1999, 2000, 2001, 2002, and 2003’’ and 

17 inserting ‘‘1997, 1998, 1999, 2000, 2001, 2002, 

18 2003, and 2004’’; and 

19 (B) in subsection (e), by striking ‘‘October 

20 1, 2003’’ each place it appears and inserting 

21 ‘‘October 1, 2004’’; 

22 (C) in subsection (b)(1)—

23 (i) in subparagraph (A), by striking 

24 ‘‘and’’ at the end; 
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1 (ii) in subparagraph (B), by striking 

2 the period and inserting ‘‘; and’’; and 

3 (iii) by adding at the end the fol4 lowing: 

5 ‘‘(C) one or more categories of aliens who are or 

6 were nationals and residents of the Islamic Republic 

7 or Iran who, as members of a religious minority in 

8 Iran, share common characteristics that identify them 

9 as targets of persecution in that state on account of 

10 race, religion, nationality, membership in a par11 ticular social group, or political opinion.’’; and 

12 (2) in section 599E (8 U.S.C. 1255 note) in sub13 section (b)(2), by striking ‘‘September 30, 2003’’ and 

14 inserting ‘‘September 30, 2004’’. 

15 SEC. 214. (a) Except as provided by subsection (e) 

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

17 to withhold substance abuse funding from a State pursuant 

18 to section 1926 of the Public Health Service Act (42 U.S.C. 

19 300x–26) if such State certifies to the Secretary of Health 

20 and Human Services by May 1, 2004 that the State will 

21 commit additional State funds, in accordance with sub22 section (b), to ensure compliance with State laws prohib23 iting the sale of tobacco products to individuals under 18 

24 years of age. 
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1 (b) The amount of funds to be committed by a State 

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

3 State’s substance abuse block grant allocation for each per4 centage point by which the State misses the retailer compli5 ance rate goal established by the Secretary of Health and 

6 Human Services under section 1926 of such Act. 

7 (c) The State is to maintain State expenditures in fis8 cal year 2004 for tobacco prevention programs and for com9 pliance activities at a level that is not less than the level 

10 of such expenditures maintained by the State for fiscal year 

11 2003, and adding to that level the additional funds for to12 bacco compliance activities required under subsection (a). 

13 The State is to submit a report to the Secretary on all fiscal 

14 year 2003 State expenditures and all fiscal year 2004 obli15 gations for tobacco prevention and compliance activities by 

16 program activity by July 31, 2004. 

17 (d) The Secretary shall exercise discretion in enforcing 

18 the timing of the State obligation of the additional funds 

19 required by the certification described in subsection (a) as 

20 late as July 31, 2004. 

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

22 be used to withhold substance abuse funding pursuant to 

23 section 1926 from a territory that receives less than 

24 $1,000,000. 
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1 SEC. 215. In order for the Centers for Disease Control 

2 and Prevention to carry out international health activities, 

3 including HIV/AIDS and other infectious disease, chronic 

4 and environmental disease, and other health activities 

5 abroad during fiscal year 2004, the Secretary of Health and 

6 Human Services—

7 (1) may exercise authority equivalent to that 

8 available to the Secretary of State in section 2(c) of 

9 the State Department Basic Authorities Act of 1956 

10 (22 U.S.C. 2669(c)). The Secretary of Health and 

11 Human Services shall consult with the Secretary of 

12 State and relevant Chief of Mission to ensure that the 

13 authority provided in this section is exercised in a 

14 manner consistent with section 207 of the Foreign 

15 Service Act of 1980 (22 U.S.C. 3927) and other appli16 cable statutes administered by the Department of 

17 State, and 

18 (2) is authorized to provide such funds by ad19 vance or reimbursement to the Secretary of State as 

20 may be necessary to pay the costs of acquisition, 

21 lease, alteration, renovation, and management of fa22 cilities outside of the United States for the use of the 

23 Department of Health and Human Services. The De24 partment of State shall cooperate fully with the Sec25 retary of Health and Human Services to ensure that 
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1 the Department of Health and Human Services has 

2 secure, safe, functional facilities that comply with ap3 plicable regulation governing location, setback, and 

4 other facilities requirements and serve the purposes 

5 established by this Act. The Secretary of Health and 

6 Human Services is authorized, in consultation with 

7 the Secretary of State, through grant or cooperative 

8 agreement, to make available to public or nonprofit 

9 private institutions or agencies in participating for10 eign countries, funds to acquire, lease, alter, or ren11 ovate facilities in those countries as necessary to con12 duct programs of assistance for international health 

13 activities, including activities relating to HIV/AIDS 

14 and other infectious diseases, chronic and environ15 mental diseases, and other health activities abroad. 

16 SEC. 216. The Division of Federal Occupational 

17 Health may utilize personal services contracting to employ 

18 professional management/administrative and occupational 

19 health professionals. 

20 SEC. 217. Notwithstanding section 409B(c) of the Pub21 lic Health Service Act regarding a limitation on the num22 ber of such grants, funds appropriated in this Act may be 

23 expended by the Director of the National Institutes of 

24 Health to award Core Center Grants to encourage the devel25 opment of innovative multidisciplinary research and pro-
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1 vide training concerning Parkinson’s disease. Each center 

2 funded under such grants shall be designated as a Morris 

3 K. Udall Center for Research on Parkinson’s Disease. 

4 SEC. 218. None of the funds appropriated in this or 

5 any other Act may be used to carry out or administer the 

6 Department of Health and Human Services Human Re7 sources Consolidation plan. 

8 SEC. 219. GAO STUDY AND REPORTON THE PROPAGA9 TION OF CONCIERGE CARE. (a) STUDY.—

10 (1) IN GENERAL.—The Comptroller General of 

11 the United States shall conduct a study on concierge 

12 care (as defined in paragraph (2)) to determine the 

13 extent to which such care—

14 (A) is used by medicare beneficiaries (as de15 fined in section 1802(b)(5)(A) of the Social Secu16 rity Act (42 U.S.C. 1395a(b)(5)(A))); and 

17 (B) has impacted upon the access of medi18 care beneficiaries (as so defined) to items and 

19 services for which reimbursement is provided 

20 under the medicare program under title XVIII of 

21 the Social Security Act (42 U.S.C. 1395 et seq.). 

22 (2) CONCIERGE CARE.—In this section, the term 

23 ‘‘concierge care’’ means an arrangement under which, 

24 as a prerequisite for the provision of a health care 

25 item or service to an individual, a physician, practi-
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1 tioner (as described in section 1842(b)(18)(C) of the 

2 Social Security Act (42 U.S.C. 1395u(b)(18)(C))), or 

3 other individual—

4 (A) charges a membership fee or another in5 cidental fee to an individual desiring to receive 

6 the health care item or service from such physi7 cian, practitioner, or other individual; or 

8 (B) requires the individual desiring to re9 ceive the health care item or service from such 

10 physician, practitioner, or other individual to 

11 purchase an item or service. 

12 (b) REPORT.—Not later than the date that is 18 

13 months after the date of enactment of this Act, the Comp14 troller General of the United States shall submit to Congress 

15 a report on the study conducted under subsection (a)(1) to16 gether with such recommendations for legislative or admin17 istrative action as the Comptroller General determines to 

18 be appropriate. 

19 SEC. 220. To demonstrate the appreciation that the 

20 Senate has for, and to further encourage, the efforts of the 

21 Director of the National Institutes of Health in imple22 menting the Pediatric Research Initiative under section 

23 409D of the Public Health Service Act, it is the sense of 

24 the Senate that—
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1 (1) the Director should continue the Initiative 

2 and emphasize the importance of pediatric research, 

3 particularly translational research; and 

4 (2) not later than January of 2004, the Director 

5 should continue to report to the Committee on Health, 

6 Education, Labor, and Pensions of the Senate, the 

7 Committee on Energy and Commerce of the House of 

8 Representatives, the Senate Committee on Appropria9 tions and the House Committee on Appropriations on 

10 the status of the Pediatric Research Initiative, includ11 ing—

12 (A) the extent of the total funds obligated to 

13 conduct or support pediatric research across the 

14 National Institutes of Health, including the spe15 cific support and research awards allocated by 

16 the Office of the Director through the Initiative; 

17 (B) the activities of the cross-institute com18 mittee on pediatric research in assisting the Di19 rector in considering requests for new or ex20 panded pediatric research to be funded through 

21 the Initiative; 

22 (C) how the Director plans to budget dollars 

23 toward the Initiative for fiscal year 2004; 
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1 (D) the amount the Director has expended 

2 to implement the Initiative since the enactment 

3 of the Initiative; 

4 (E) the status of any research conducted as 

5 a result of the Initiative; 

6 (F) whether that research is translational 

7 research or clinical research; 

8 (G) how the Initiative interfaces with the 

9 Off-Patent research fund of the National Insti10 tutes of Health; and 

11 (H) any recommended modifications that 

12 Congress should consider in the authority or 

13 structure of the Initiative within the National 

14 Institutes of Health for the optimal operation 

15 and success of the Initiative. 

16 SEC. 221. To provide funding for poison control cen17 ters under the Poison Control Enhancement and Awareness 

18 Act (42 U.S.C. 14801 et seq.), there are appropriated a total 

19 of $23,854,000, including amounts otherwise made avail20 able in this Act for such centers. 

21 SEC. 222. In addition to any amounts otherwise ap22 propriated under this Act under the heading of ADMINIS23 TRATION ON AGING, there are appropriated an additional 

24 $1,000,000: Provided, That in addition to the amounts al25 ready made available to carry out the ombudsman program 
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1 under chapter 2 of title VII of the Older Americans Act 

2 of 1965 (42 U.S.C. 3058 et seq.), there are made available 

3 an additional $1,000,000. 

4 SEC. 223. In addition to any amounts otherwise ap5 propriated under this Act for programs and activities under 

6 the Nurse Reinvestment Act (Public Law 107–205) and for 

7 other nursing workforce development programs under title 

8 VIII of the Public Health Service Act (42 U.S.C. 296 et 

9 seq.), there are appropriated an additional $50,000,000 for 

10 such programs and activities. 

11 SEC. 224. Not later than 90 days after the date of en12 actment of this Act, the Director of the National Institutes 

13 of Health shall submit to the appropriate committees of 

14 Congress a report that shall —

15 (1) contain the recommendations of the Director 

16 concerning the role of the National Institutes of 

17 Health in promoting the affordability of inventions 

18 and products developed with Federal funds; and 

19 (2) specify whether any circumstances exist to 

20 prevent the Director from promoting the affordability 

21 of inventions and products developed with Federal 

22 funds. 

23 SEC. 225. STUDIES CONCERNING MAMMOGRAPHY

24 STANDARDS. (a) STUDY BY GAO.—
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1 (1) IN GENERAL.—The Comptroller General of 

2 the United States shall conduct a study of the pro3 gram established under the Mammography Quality 

4 Standards Act of 1992 (section 354 of the Public 

5 Health Service Act (42 U.S.C. 263b)) (referred to in 

6 this section as the ‘‘MQSA’’) to—

7 (A) evaluate the demonstration program re8 garding frequency of inspections authorized 

9 under section 354(g) of the Public Health Service 

10 Act (42 U.S.C. 263b(g)), including the effect of 

11 the program on compliance with the MQSA; 

12 (B) evaluate the factors that contributed to 

13 the closing of the approximately 700 mammog14 raphy facilities nationwide since 2001, whether 

15 those closings were due to consolidation or were 

16 a true reduction in mammography availability, 

17 explore the relationship between certified units 

18 and facility capacity, and evaluate capacity 

19 issues, and determine the effect these and other 

20 closings have had on the accessibility of mam21 mography services, including for underserved 

22 populations, since the April 2002 General Ac23 counting Office report on access to mammog24 raphy; and 
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1 (C) evaluate the role of States in acting as 

2 accreditation bodies or certification bodies, or 

3 both, in addition to inspection agents under the 

4 MQSA, and in acting as accreditation bodies for 

5 facilities in other States and determine whether 

6 and how these roles affect the system of checks 

7 and balances within the MQSA. 

8 (2) REPORT.—Not later than 16 months after the 

9 date of enactment of this Act, the Comptroller General 

10 of the United States shall submit to the Committee on 

11 Health, Education, Labor, and Pensions and the 

12 Committee on Appropriations of the Senate and the 

13 Committee on Energy and Commerce and the Com14 mittee on Appropriations of the House of Representa15 tives a report on the study described in paragraph 

16 (1). 

17 (b) STUDY BY THE INSTITUTE OF MEDICINE.—

18 (1) IN GENERAL.—Not later than 30 days after 

19 the date of enactment of this Act, the Secretary of 

20 Health and Human Services shall enter into an 

21 agreement with the Institute of Medicine of the Na22 tional Academy of Sciences for the conduct of a study 

23 and the making of recommendations regarding the 

24 following: 
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1 (A) Ways to improve physicians’ interpre2 tations of mammograms, including approaches 

3 that could be taken under the MQSA without 

4 negatively impacting access to quality mammog5 raphy. 

6 (B) What changes could be made in the 

7 MQSA to improve mammography quality, in8 cluding additional regulatory requirements that 

9 would improve quality, as well as the reduction 

10 or modification of regulatory requirements that 

11 do not contribute to quality mammography, or 

12 are no longer necessary to ensure quality mam13 mography. Such reduction or modification of 

14 regulatory requirements and improvements in 

15 the efficiency of the program are important to 

16 help eliminate disincentives to enter or remain 

17 in the field of mammography. 

18 (C) Ways, including incentives, to ensure 

19 that sufficient numbers of adequately trained 

20 personnel at all levels are recruited and retained 

21 to provide quality mammography services. 

22 (D)(i) How data currently collected under 

23 the MQSA could be used to improve the quality, 

24 interpretation of, and access to mammography. 
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1 (ii) Identification of new data points that 

2 could be collected to aid in the monitoring and 

3 assessment of mammography quality and access. 

4 (E) Other approaches that would improve 

5 the quality of and access to mammography serv6 ices, including approaches to improving provi7 sions under the MQSA. 

8 (F) Steps that should be taken to help make 

9 available safe and effective new screening and di10 agnostic devices and tests for breast cancer. 

11 (2) REPORT.—Not later than 15 months after the 

12 date on which the agreement is entered into under 

13 paragraph (1), the Institute of Medicine shall com14 plete the study described under such subsection and 

15 submit a report to the Secretary of Health and 

16 Human Services, the Committee on Health, Edu17 cation, Labor, and Pensions and the Committee on 

18 Appropriations of the Senate, and the Committee on 

19 Energy and Commerce and the Committee on Appro20 priations of the House of Representatives. 

21 (3) FUNDING.—Of the amounts appropriated 

22 under this title to the Office of the Secretary of 

23 Health and Human Services for general departmental 

24 management, $500,000 shall be made available to 

25 carry out the study under this subsection. 
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1 SEC. 226. (a) FINDINGS.—The Senate finds that—

2 (1) Native American populations have seen an 

3 alarming increase in sexually transmitted disease 

4 prevalence in recent years; and 

5 (2) a screening, treatment, and education pro6 gram, administered by tribal health organizations or 

7 local health care providers, on Native American res8 ervations with high rates of sexually transmitted dis9 eases will help prevent a corresponding increase in 

10 the prevalence of HIV. 

11 (b) GRANT PROGRAM.—From amounts appropriated 

12 under this title for the Centers for Disease Control and Pre13 vention, there may be made available up to $1,000,000 to 

14 enable the Director of the Centers for Disease Control and 

15 Prevention to carry out competitive grant program to 

16 strengthen local capacity on Native American reservations 

17 to screen for and treat sexually transmitted diseases and 

18 to educate local populations about such diseases, the con19 sequences thereof, and how the transmission of such diseases 

20 can be prevented. 

21 SEC. 227. In addition to any amounts otherwise ap22 propriated under this Act for the support of the improved 

23 newborn and child screening for heritable disorders pro24 gram authorized under section 1109 of the Public Health 
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1 Service Act (42 U.S.C. 300b–8), there may be appropriated 

2 up to an additional $2,000,000 to carry out such program. 

3 SEC. 228. SUMMER HEALTH CAREER INTRODUCTORY

4 PROGRAMS. (a) FINDINGS.—Congress finds that—

5 (1) the success of the health care system is de6 pendent on qualified personnel; 

7 (2) hospitals and health facilities across the 

8 United States have been deeply impacted by declines 

9 among nurses, pharmacists, radiology and laboratory 

10 technicians, and other workers; 

11 (3) the health care workforce shortage is not a 

12 short term problem and such workforce shortages can 

13 be expected for many years; and 

14 (4) most States are looking for ways to address 

15 such shortages. 

16 (b) GRANTS.—The Secretary of Health and Human 

17 Services, acting through the Bureau of Health Professions 

18 of the Health Resources and Services Administration, may 

19 award not to exceed 5 grants for the establishment of sum20 mer health career introductory programs for middle and 

21 high school students. 

22 (c) ELIGIBILITY.—To be eligible to receive a grant 

23 under subsection (b) an entity shall—
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1 (1) be an institution of higher education (as de2 fined in section 101(a) of the Higher Education Act 

3 of 1965 (20 U.S.C. 1001(a)); and 

4 (2) prepare and submit to the Secretary of 

5 Health and Human Services an application at such 

6 time, in such manner, and containing such informa7 tion as the Secretary may require. 

8 (d) DURATION.—The term of a grant under subsection 

9 (b) shall not exceed 4 years. 

10 (e) AUTHORIZATION OF APPROPRIATIONS.—There is 

11 authorized to be appropriated to carry out this section, such 

12 sums as may be necessary for each of fiscal years 2004 

13 through 2007. 

14 SEC. 229. Not later than 120 days after the date of 

15 enactment of this Act, the Director of the Centers for Disease 

16 Control and Prevention shall prepare a plan to comprehen17 sively address blood safety and injection safety in Africa 

18 under the Global AIDS Program. 

19 SEC. 230. Not later than May 1, 2004, the Secretary 

20 of Health and Human Services shall submit to the appro21 priate committees of Congress a report concerning the man22 ner in which the Department of Health and Human Serv23 ices expends Federal funds for research, patient care, and 

24 other activities relating to Hansen’s Disease. The report 

25 shall include—
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1 (1) the amounts provided for each research 

2 project; 

3 (2) the amounts provided to each of the 12 treat4 ment centers for each of research, patient care, and 

5 other activities; 

6 (3) the per patient expenditure of patient care 

7 funds at each of the 12 treatment centers; and 

8 (4) the mortality rates at each of the 12 treat9 ment centers. 

10 SEC. 231. In addition to any amounts otherwise ap11 propriated under this Act to carry out activities under the 

12 Child Abuse Prevention and Treatment Act (42 U.S.C. 5101 

13 et seq.), there are appropriated—

14 (1) up to an additional $143,000 may be used 

15 to carry out activities under title I of such Act (child 

16 abuse State grants); 

17 (2) up to an additional $212,000 may be used 

18 to carry out activities under title II of such Act (com19 munity-based resource centers); and 

20 (3) up to an additional $2,100,000 may be used 

21 for child abuse discretionary grants under such Act. 

22 SEC. 232. (a) FINDINGS.—The Senate finds that—

23 (1) a recent Aberdeen Area Indian Health Serv24 ice infant mortality study identified protective and 
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1 risk factors associated with Sudden Infant Death 

2 Syndrome (referred to in this section as ‘‘SIDS’’); 

3 (2) several conclusions from the study suggest 

4 courses of action to reduce the incidence of SIDS 

5 among Native American and other high-incidence 

6 populations; 

7 (3) the study noted that alcohol consumption by 

8 women of childbearing age (especially during preg9 nancy), maternal and environmental tobacco exposure 

10 during pregnancy, and pregnancy by women under 

11 the age of 20 increase the risk for SIDS; 

12 (4) in 2000, for infants of African American 

13 mothers, the SIDS death rate was 2.4 times that for 

14 non-Hispanic white mothers; 

15 (5) nationwide, SIDS rates for infants of Native 

16 American mothers were 2.6 times those of non-His17 panic white mothers; and 

18 (6) the Office of Minority Health of the Depart19 ment of Health and Human Services has the expertise 

20 to coordinate SIDS disparity reduction efforts across 

21 the Department of Health and Human Services. 

22 (b) INCREASE IN FUNDING.—In addition to any 

23 amounts otherwise appropriate in this Act to carry out ac24 tivities to reduce Sudden Infant Death Syndrome disparity 

25 rates, there may be appropriated up to an additional 
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1 $2,000,000 to enable the Director of the Office of Minority 

2 Health of the Department of Health and Human Services 

3 to carry out a demonstration project, in coordination with 

4 the Administrator of the Health Resources and Services Ad5 ministration, the Director of the National Institutes of 

6 Health, the Director of the Indian Health Services, the Ad7 ministrator of the Center for Medicare & Medicaid Services, 

8 the Director of the Centers for Disease Control and Preven9 tion, and the heads of other agencies within the Department 

10 of Health and Human Services (as appropriate), to reduce 

11 Sudden Infant Death Syndrome disparity rates, and to 

12 provide risk reduction education to African American and 

13 Native American populations in the United States, includ14 ing efforts to reduce alcohol use by pregnant women, sup15 port for smoking cessation (maternal and secondhand) pro16 grams, and education of teenagers on the risk factors for 

17 Sudden Infant Death Syndrome associated with teenage 

18 pregnancy within African American and Native American 

19 communities. 

20 (c) SENSE OF THE SENATE.—It is the sense of the Sen21 ate that in carrying out the demonstration project under 

22 subsection (b), the Director of the Office of Minority Health 

23 is encouraged to—
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1 (1) expand upon the similar pilot program for 

2 Native Americans that was funded by the Office of 

3 Minority Health; and 

4 (2) coordinate with the Administrator of the 

5 Health Resources and Services Administration, the 

6 Director of the Centers for Disease Control and Pre7 vention, the Director of the National Institutes of 

8 Health, the Director of the Indian Health Services, 

9 the Administrator of the Center for Medicare & Med10 icaid Services, and the heads of other agencies within 

11 the Department of Health and Human Services (as 

12 appropriate) to support activities to reduce alcohol 

13 use by pregnant women, support smoking cessation 

14 (maternal and secondhand), and educate teenagers on 

15 the risk factors for SIDS associated with teenage 

16 pregnancy within the African American and Native 

17 American communities. 

18 SEC. 233. There may be appropriated, up to 

19 $2,000,000 to fund programs on community automatic ex20 ternal defibrillators under section 312 of the Public Health 

21 Service Act (42 U.S.C. 244). 

22 SEC. 234. From the amounts appropriated under the 

23 heading ‘‘OFFICE OF THE SECRETARY, GENERAL DEPART24 MENTAL MANAGEMENT’’ there may be made available an 

25 additional $2,000,000 to the Health Resources and Services 
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1 Administration for the purchase of automatic external 

2 defibrilators and the training of individuals in cardiac life 

3 support in rural areas. 

4 SEC. 235. Notwithstanding any other provisions of 

5 law, funds made available under this heading may be used 

6 to continue operating the Council on Graduate Medical 

7 Education established by section 301 of Public Law 102–

8 408. 

9 SEC. 236. DESIGNATION OF SENATOR PAUL D. 

10 WELLSTONE NIH MDCRC PROGRAM. (a) FINDINGS.—Con11 gress finds the following: 

12 (1) On December 18, 2001, Public Law 107–84, 

13 otherwise known as the Muscular Dystrophy Commu14 nity Assistance, Research and Education Amend15 ments of 2001, or the MD CARE Act, was signed into 

16 law to provide for research and education with re17 spect to various forms of muscular dystrophy, includ18 ing Dechenne, Becker, limb girdle, congenital, 

19 facioscapulohumeral, myotonic, oculopharyngeal, dis20 tal, and EmeryDreifuss muscular dystrophies. 

21 (2) In response to the MD CARE Act of 2001, 

22 in September 2002, the National Institutes of Health 

23 (NIH) announced its intention to direct $22,500,000 

24 over five years to its newly created Muscular Dys-
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1 trophy Cooperative Research Centers (MDCRC) pro2 gram. 

3 (3) Senator Paul D. Wellstone was a driving 

4 force behind enactment of the MD CARE Act, which 

5 led to the establishment of the MDCRC program. 

6 (b) DESIGNATION.—The NIH Muscular Dystrophy Co7 operative Research Centers (MDCRC) program shall be 

8 known and designated as the ‘‘Senator Paul D. Wellstone 

9 Muscular Dystrophy Cooperative Research Centers’’, in 

10 honor of Senator Paul D. Wellstone who was deceased on 

11 October 25, 2002. 

12 (c) REFERENCES.—Any reference in a law, regulation, 

13 document, paper, or other record of the United States to 

14 the NIH program of Muscular Dystrophy Cooperative Re15 search Centers shall be deemed to be a reference to the ‘‘Sen16 ator Paul D. Wellstone Muscular Dystrophy Cooperative 

17 Research Centers. 

18 SEC. 237. (a) MOTHER-TO-CHILD HIV TRANSMISSION

19 PREVENTION.—In addition to any amounts otherwise made 

20 available under this Act to carry out mother-to-child HIV 

21 transmission prevention activities, there shall be made 

22 available an additional $60,000,000 to carry out such ac23 tivities and $1,000,000 for Non-Mother-to-Child activities. 

24 (b) REDUCTION IN AMOUNTS.—Amounts made avail25 able under this Act for the administrative and related ex-
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1 penses for departmental management for the Department 

2 of Labor, the Department of Health and Human Services, 

3 the Department of Education, shall be reduced on a pro 

4 rata basis by $61,000,000. 

5 SEC. 238. (a) AUTHORITY.—Notwithstanding any 

6 other provision of law, the Director of the National Insti7 tutes of Health may use funds available under section 

8 402(i) of the Public Health Service Act (42 U.S.C. 282(i)) 

9 to enter into transactions (other than contracts, cooperative 

10 agreements, or grants) to carry out research in support of 

11 the NIH Roadmap Initiative of the Director. 

12 (b) PEER REVIEW.—In entering into transactions 

13 under subsection (a), the Director of the National Institutes 

14 of Health may utilize such peer review procedures (includ15 ing consultation with appropriate scientific experts) as the 

16 Director determines to be appropriate to obtain assessments 

17 of scientific and technical merit. Such procedures shall 

18 apply to such transactions in lieu of the peer review and 

19 advisory council review procedures that would otherwise be 

20 required under sections 301(a)(3), 405(b)(1)(B), 405(b)(2), 

21 406(a)(3)(A), 492, and 494 of the Public Health Service 

22 Act (42 U.S.C. 241, 284(b)(1)(B), 284(b)(2), 284a(a)(3)(A), 

23 289a, and 289c). 

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

25 and Human Services Appropriations Act, 2004’’. 
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1 TITLE III—DEPARTMENT OF EDUCATION 

2 EDUCATION FOR THE DISADVANTAGED

3 For carrying out title I of the Elementary and Sec4 ondary Education Act of 1965 (‘‘ESEA’’) and section 418A 

5 of the Higher Education Act of 1965, $14,103,356,000, of 

6 which $6,582,294,000 shall become available on July 1, 

7 2004, and shall remain available through September 30, 

8 2005, and of which $7,383,301,000 shall become available 

9 on October 1, 2004, and shall remain available through 

10 September 30, 2005, for academic year 2004–2005: Pro11 vided, That $7,107,282,000 shall be available for basic 

12 grants under section 1124: Provided further, That up to 

13 $3,500,000 of these funds shall be available to the Secretary 

14 of Education on October 1, 2003, to obtain annually up15 dated educational-agency-level census poverty data from the 

16 Bureau of the Census: Provided further, That 

17 $1,365,031,000 shall be available for concentration grants 

18 under section 1124A: Provided further, That $1,670,239,000 

19 shall be available for targeted grants under section 1125: 

20 Provided further, That $2,207,448,000 shall be available for 

21 education finance incentive grants under section 1125A: 

22 Provided further, That, notwithstanding any other provi23 sion of law, the Secretary shall use data described in sec24 tions 1124(a)(1)(B) and 1124(c)(1) of the ESEA that are 

25 available on July 1, 2003, to calculate grants for fiscal year 
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1 2004 under part A of title I of that Act: Provided further, 

2 That from the $8,842,000 available to carry out part E of 

3 title I, up to $1,000,000 shall be available to the Secretary 

4 of Education to provide technical assistance to State and 

5 local educational agencies concerning part A of title I. 

6 IMPACTAID

7 For carrying out programs of financial assistance to 

8 federally affected schools authorized by title VIII of the Ele9 mentary and Secondary Education Act of 1965, 

10 $1,193,226,000, of which $1,030,292,000 shall be for basic 

11 support payments under section 8003(b), $50,668,000 shall 

12 be for payments for children with disabilities under section 

13 8003(d), $44,708,000 shall be for construction under section 

14 8007 and shall remain available through September 30, 

15 2005, $59,610,000 shall be for Federal property payments 

16 under section 8002, and $7,948,000, to remain available 

17 until expended, shall be for facilities maintenance under 

18 section 8008. 

19 SCHOOL IMPROVEMENTPROGRAMS

20 For carrying out school improvement activities author21 ized by titles II, part B of title IV, part A and subparts 

22 6 and 9 of part D of title V, subpart 1 of part A and part 

23 B of title VI, and parts B and C of title VII of the Elemen24 tary and Secondary Education Act of 1965 (‘‘ESEA’’); the 

25 McKinney-Vento Homeless Assistance Act; and the Civil 

26 Rights Act of 1964, $5,731,453,000, of which 
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1 $4,173,944,000 shall become available on July 1, 2004, and 

2 remain available through September 30, 2005, and of which 

3 $1,435,000,000 shall become available on October 1, 2004, 

4 and shall remain available through September 30, 2005, for 

5 academic year 2004–2005: Provided, That funds made 

6 available to carry out part B of title VII of the ESEA may 

7 be used for construction, renovation and modernization of 

8 any elementary school, secondary school, or structure re9 lated to an elementary school or secondary school, run by 

10 the Department of Education of the State of Hawaii, that 

11 serves a predominantly Native Hawaiian student body: 

12 Provided further, That funds made available to carry out 

13 part C of title VII of the ESEA may be used for construc14 tion: Provided further, That $390,000,000 shall be for sub15 part 1 of part A of title VI of the ESEA: Provided further, 

16 That no funds appropriated under this heading may be 

17 used to carry out section 5494 under the ESEA. 

18 INDIAN EDUCATION

19 For expenses necessary to carry out, to the extent not 

20 otherwise provided, title VII, part A of the Elementary and 

21 Secondary Education Act of 1965, $121,573,000. 

22 INNOVATION AND IMPROVEMENT

23 For carrying out activities authorized by part G of 

24 Title I, subpart 5 of part A and parts C and D of title 

25 II, and Parts B, C, and D of title V of the Elementary 

26 and Secondary Education Act of 1965 (‘‘ESEA’’), 
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1 $774,133,000: Provided, That $9,935,000 shall be provided 

2 to the National Board for Professional Teaching Standards 

3 to carry out section 2151(c) of the ESEA: Provided further, 

4 That $165,877,000 shall be available to carry out part D 

5 of title V of the ESEA. 

6 SAFE SCHOOLS AND CITIZENSHIP EDUCATION

7 For carrying out subpart 3 of part C of title II, part 

8 A of title IV, and subparts 2, 3 and 10 of part D of title 

9 V of the Elementary and Secondary Education Act of 1965 

10 (‘‘ESEA’’), title VIII–D of the Higher Education Act of 

11 1965, as amended, and Public Law 102–73, $818,547,000, 

12 of which $447,017,000 shall become available on July 1, 

13 2004 and remain available through September 30, 2005: 

14 Provided, That of the amount available for subpart 2 of 

15 part A of title IV of the ESEA, $850,000 shall be used to 

16 continue the National Recognition Awards program under 

17 the same guidelines outlined by section 120(f) of Public Law 

18 105–244: Provided further, That $422,017,000 shall be 

19 available for subpart 1 of part A of title IV and 

20 $213,880,000 shall be available for subpart 2 of part A of 

21 title IV: Provided further, That of the funds available to 

22 carry out subpart 3 of part C of title II, up to $11,922,000 

23 may be used to carry out section 2345 and $2,980,000 shall 

24 be used by the Center for Civic Education to implement 

25 a comprehensive program to improve public knowledge, un26 derstanding, and support of the Congress and the state leg-
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1 islatures: Provided further, That $25,000,000 shall be for 

2 Youth Offender Grants, of which $5,000,000 shall be used 

3 in accordance with section 601 of Public Law 102–73 as 

4 that section was in effect prior to enactment of Public Law 

5 105–220. 

6 ENGLISH LANGUAGE ACQUISITION

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

8 $665,000,000, of which $541,259,000 shall become available 

9 on July 1, 2004, and shall remain available through Sep10 tember 30, 2005. 

11 SPECIAL EDUCATION

12 For carrying out parts B, C, and D of the Individuals 

13 with Disabilities Education Act, $11,027,464,000, of which 

14 $5,337,533,000 shall become available for obligation on 

15 July 1, 2004, and shall remain available through September 

16 30, 2005, and of which $5,402,000,000 shall become avail17 able on October 1, 2004, and shall remain available through 

18 September 30, 2005, for academic year 2004–2005: Pro19 vided, That $11,400,000 shall be for Recording for the Blind 

20 and Dyslexic to support the development, production, and 

21 circulation of recorded educational materials: Provided fur22 ther, That $1,500,000 shall be for the recipient of funds pro23 vided by Public Law 105–78 under section 687(b)(2)(G) of 

24 the Act to provide information on diagnosis, intervention, 

25 and teaching strategies for children with disabilities: Pro26 vided further, That the amount for section 611(c) of the Act 
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1 shall be equal to the amount available for that section dur2 ing fiscal year 2003, increased by the amount of inflation 

3 as specified in section 611(f)(1)(B)(ii) of the Act. 

4 REHABILITATION SERVICES AND DISABILITY RESEARCH

5 For carrying out, to the extent not otherwise provided, 

6 the Rehabilitation Act of 1973, the Assistive Technology Act 

7 of 1998, and the Helen Keller National Center Act, 

8 $3,004,360,000, of which $1,000,000 shall be used to im9 prove the quality of applied orthotic and prosthetic research 

10 and help meet the demand for provider services: Provided, 

11 That the funds provided for title I of the Assistive Tech12 nology Act of 1998 (‘‘the AT Act’’) shall be allocated not13 withstanding section 105(b)(1) of the AT Act: Provided fur14 ther, That section 101(f) of the AT Act shall not limit the 

15 award of an extension grant to three years: Provided fur16 ther, That no State or outlying area awarded funds under 

17 section 101 shall receive less than the amount received in 

18 fiscal year 2003. 

19 AMERICAN PRINTING HOUSE FOR THE BLIND

20 For carrying out the Act of March 3, 1879, as amended 

21 (20 U.S.C. 101 et seq.) including the acquisition of equip22 ment, $16,500,000. 

23 NATIONAL TECHNICAL INSTITUTE FOR THE DEAF

24 For the National Technical Institute for the Deaf 

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

26 1986 (20 U.S.C. 4301 et seq.), $53,800,000, of which 
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1 $367,000 shall be for construction and shall remain avail2 able until expended: Provided, That from the total amount 

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

4 the endowment program as authorized under section 207. 

5 GALLAUDETUNIVERSITY

6 For the Kendall Demonstration Elementary School, 

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

8 support of Gallaudet University under titles I and II of 

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

10 seq.), $100,800,000: Provided, That from the total amount 

11 available, the University may at its discretion use funds 

12 for the endowment program as authorized under section 

13 207. 

14 VOCATIONAL AND ADULT EDUCATION

15 For carrying out, to the extent not otherwise provided, 

16 the Carl D. Perkins Vocational and Technical Education 

17 Act of 1998, subparts 4 and 11 of part D of title V of the 

18 Elementary and Secondary Education Act of 1965, and the 

19 Adult Education and Family Literacy Act, $2,093,990,000, 

20 of which $1,274,943,000 shall become available on July 1, 

21 2004 and shall remain available through September 30, 

22 2005 and of which $791,000,000 shall become available on 

23 October 1, 2004 and shall remain available through Sep24 tember 30, 2005: Provided, That of the amount provided 

25 for Adult Education State Grants, $69,545,000 shall be 

26 made available for integrated English literacy and civics 
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1 education services to immigrants and other limited English 

2 proficient populations: Provided further, That of the 

3 amount reserved for integrated English literacy and civics 

4 education, notwithstanding section 211 of the Adult Edu5 cation and Family Literacy Act, 65 percent shall be allo6 cated to States based on a State’s absolute need as deter7 mined by calculating each State’s share of a 10-year aver8 age of the Immigration and Naturalization Service data for 

9 immigrants admitted for legal permanent residence for the 

10 10 most recent years, and 35 percent allocated to States 

11 that experienced growth as measured by the average of the 

12 3 most recent years for which Immigration and Naturaliza13 tion Service data for immigrants admitted for legal perma14 nent residence are available, except that no State shall be 

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

16 That of the amounts made available for the Adult Edu17 cation and Family Literacy Act, $9,223,000 shall be for 

18 national leadership activities under section 243 and 

19 $6,732,000 shall be for the National Institute for Literacy 

20 under section 242: Provided further, That $160,047,000 

21 shall be available to support the activities authorized under 

22 subpart 4 of part D of title V of the Elementary and Sec23 ondary Education Act of 1965, of which up to 5 percent 

24 shall become available October 1, 2003, for evaluation, tech25 nical assistance, school networking, peer review of applica-
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1 tions, and program outreach activities and of which not less 

2 than 95 percent shall become available on July 1, 2004, 

3 and remain available through September 30, 2005, for 

4 grants to local educational agencies: Provided further, That 

5 funds made available to local education agencies under this 

6 subpart shall be used only for activities related to estab7 lishing smaller learning communities in high schools. 

8 STUDENT FINANCIAL ASSISTANCE

9 For carrying out subparts 1, 3 and 4 of part A, part 

10 C and part E of title IV of the Higher Education Act of 

11 1965, as amended, $14,174,115,000, which shall remain 

12 available through September 30, 2005. 

13 The maximum Pell Grant for which a student shall 

14 be eligible during award year 2004–2005 shall be $4,050. 

15 STUDENT AID ADMINISTRATION

16 For Federal administrative expenses (in addition to 

17 funds made available under Section 458), to carry out part 

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

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

20 1965, as amended, $104,703,000. 

21 HIGHER EDUCATION

22 For carrying out, to the extent not otherwise provided, 

23 section 121 and titles II, III, IV, V, VI, and VII of the 

24 Higher Education Act of 1965 (‘‘HEA’’), as amended, sec25 tion 117 of the Carl D. Perkins Vocational and Technical 

26 Education Act of 1998, and the Mutual Educational and 
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1 Cultural Exchange Act of 1961, $1,974,247,000, of which 

2 $2,000,000 for interest subsidies authorized by section 121 

3 of the HEA shall remain available until expended: Pro4 vided, That notwithstanding any other provision of law or 

5 any regulation, the Secretary of Education shall not require 

6 the use of a restricted indirect cost rate for grants issued 

7 pursuant to section 117 of the Carl D. Perkins Vocational 

8 and Technical Education Act of 1998: Provided further, 

9 That $9,935,000, to remain available through September 

10 30, 2005, shall be available to fund fellowships for academic 

11 year 2005–2006 under part A, subpart 1 of title VII of said 

12 Act, under the terms and conditions of part A, subpart 1: 

13 Provided further, That $994,000 is for data collection and 

14 evaluation activities for programs under the HEA, includ15 ing such activities needed to comply with the Government 

16 Performance and Results Act of 1993: Provided further, 

17 That notwithstanding any other provision of law, funds 

18 made available in this Act to carry out title VI of the HEA 

19 and section 102(b)(6) of the Mutual Educational and Cul20 tural Exchange Act of 1961 may be used to support visits 

21 and study in foreign countries by individuals who are par22 ticipating in advanced foreign language training and inter23 national studies in areas that are vital to United States 

24 national security and who plan to apply their language 

25 skills and knowledge of these countries in the fields of gov-
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1 ernment, the professions, or international development: Pro2 vided further, That up to 1 percent of the funds referred 

3 to in the preceding proviso may be used for program evalua4 tion, national outreach, and information dissemination ac5 tivities. 

6 HOWARD UNIVERSITY

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

8 121 et seq.), $238,440,000, of which not less than $3,573,000 

9 shall be for a matching endowment grant pursuant to the 

10 Howard University Endowment Act (Public Law 98–480) 

11 and shall remain available until expended. 

12 COLLEGE HOUSING AND ACADEMIC FACILITIES LOANS

13 PROGRAM

14 For Federal administrative expenses authorized under 

15 section 121 of the Higher Education Act of 1965, $774,000 

16 to carry out activities related to existing facility loans en17 tered into under the Higher Education Act of 1965. 

18 HISTORICALLY BLACK COLLEGE AND UNIVERSITY CAPITAL

19 FINANCING PROGRAM ACCOUNT

20 The aggregate principal amount of outstanding bonds 

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

22 Higher Education Act of 1965 shall not exceed 

23 $355,000,000, and the cost, as defined in section 502 of the 

24 Congressional Budget Act of 1974, of such bonds shall not 

25 exceed zero. 
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1 For administrative expenses to carry out the Histori2 cally Black College and University Capital Financing Pro3 gram entered into pursuant to title III, part D of the High4 er Education Act of 1965, as amended, $210,000. 

5 INSTITUTE OF EDUCATION SCIENCES

6 For carrying out activities authorized by Public Law 

7 107–279, $452,956,000: Provided, That, of the amount ap8 propriated, $144,090,000 shall be available for obligation 

9 through September 30, 2005: Provided further, That of the 

10 amount provided to carry out title I, parts B and D of 

11 Public Law 107–279, $24,362,000 shall be for the national 

12 research and development centers authorized under section 

13 133(c): Provided further, That $4,968,000 shall be available 

14 to extend for one additional year the contract for the Eisen15 hower National Clearinghouse for Mathematics and Science 

16 Education authorized under section 2102(a)(2) of the Ele17 mentary and Secondary Education Act of 1965, prior to 

18 its amendment by the No Child Left Behind Act of 2001, 

19 Public Law 107–110. 

20 PROGRAM ADMINISTRATION

21 For carrying out, to the extent not otherwise provided, 

22 the Department of Education Organization Act, including 

23 rental of conference rooms in the District of Columbia and 

24 hire of three passenger motor vehicles, $409,863,000, of 

25 which $13,644,000, to remain available until expended, 

26 shall be for building alterations and related expenses for 
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1 the relocation of Department staff to Potomac Center Plaza 

2 in Washington, D.C.: Provided, That of this amount, suffi3 cient funds shall be available for the Secretary of Edu4 cation, not later than 60 days after the last day of the fiscal 

5 year, to submit to Congress a report on the amount of ac6 quisitions made by the Department of Education during 

7 such fiscal year of articles, materials, or supplies that were 

8 manufactured outside the United States. Such report shall 

9 separately indicate the dollar value of any articles, mate10 rials, or supplies purchased by the Department of Edu11 cation that were manufactured outside the United States, 

12 an itemized list of all waivers under the Buy American Act 

13 (41 U.S.C. 10a et seq.) that were granted with respect to 

14 such articles, materials, or supplies, and a summary of 

15 total procurement funds spent on goods manufactured in 

16 the United States versus funds spent on goods manufactured 

17 outside of the United States. The Secretary of Education 

18 shall make the report publicly available by posting the re19 port on an Internet website. 

20 OFFICE FOR CIVIL RIGHTS

21 For expenses necessary for the Office for Civil Rights, 

22 as authorized by section 203 of the Department of Edu23 cation Organization Act, $91,275,000. 
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1 OFFICE OF THE INSPECTOR GENERAL

2 For expenses necessary for the Office of the Inspector 

3 General, as authorized by section 212 of the Department 

4 of Education Organization Act, $44,137,000. 

5 GENERAL PROVISIONS 

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

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

8 the purchase of equipment for such transportation) in order 

9 to overcome racial imbalance in any school or school system, 

10 or for the transportation of students or teachers (or for the 

11 purchase of equipment for such transportation) in order to 

12 carry out a plan of racial desegregation of any school or 

13 school system. 

14 SEC. 302. None of the funds contained in this Act shall 

15 be used to require, directly or indirectly, the transportation 

16 of any student to a school other than the school which is 

17 nearest the student’s home, except for a student requiring 

18 special education, to the school offering such special edu19 cation, in order to comply with title VI of the Civil Rights 

20 Act of 1964. For the purpose of this section an indirect re21 quirement of transportation of students includes the trans22 portation of students to carry out a plan involving the reor23 ganization of the grade structure of schools, the pairing of 

24 schools, or the clustering of schools, or any combination of 

25 grade restructuring, pairing or clustering. The prohibition 
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1 described in this section does not include the establishment 

2 of magnet schools. 

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

4 be used to prevent the implementation of programs of vol5 untary prayer and meditation in the public schools. 

6 (TRANSFER OF FUNDS)

7 SEC. 304. Not to exceed 1 percent of any discretionary 

8 funds (pursuant to the Balanced Budget and Emergency 

9 Deficit Control Act of 1985, as amended) which are appro10 priated for the Department of Education in this Act may 

11 be transferred between appropriations, but no such appro12 priation shall be increased by more than 3 percent by any 

13 such transfer: Provided, That the Appropriations Commit14 tees of both Houses of Congress are notified at least 15 days 

15 in advance of any transfer. 

16 SEC. 305. (a) The matter under the heading ‘‘Title 

17 III—Department of Education, Education for the Dis18 advantaged’’, in Public Law 108–7 (117 Stat. 326) is 

19 amended—

20 (1) by striking ‘‘$4,651,199,000’’ and inserting 

21 ‘‘$6,895,199,000’’; and 

22 (2) by striking ‘‘$9,027,301,000’’ and inserting 

23 ‘‘$6,783,301,000’’. 

24 (b) The additional fiscal year 2003 budget authority 

25 provided under subsection (a) shall not be subject to the re-
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1 scission required by Division N, section 601, of Public Law 

2 108–7. 

3 (c) Subsections (a) and (b) shall become effective im4 mediately upon enactment of this Act. 

5 SEC. 306. None of the funds provided under this Act 

6 shall be used to implement or enforce the annual updates 

7 to the allowance for State and other taxes in the tables used 

8 in the Federal Needs Analysis Methodology to determine a 

9 student’s expected family contribution for the award year 

10 2004-2005 under part F of title IV of the Higher Education 

11 Act of 1965 (20 U.S.C. 1087kk et seq.) published in the Fed12 eral Register on Friday, May 30, 2003 (68 Fed. Reg. 

13 32473), to the extent that such implementation or enforce14 ment of the updates will reduce the amount of Federal stu15 dent financial assistance for which a student is eligible: 

16 Provided, That of the funds appropriated in this Act for 

17 the National Institutes of Health, $200,000,000 shall not 

18 be available for obligation until September 30, 2004. 

19 SEC. 307. (a) ADDITIONAL FUNDING.—In addition to 

20 any amounts otherwise appropriated under this Act for 

21 grants to States under part B of the Individuals with Dis22 abilities Education Act (20 U.S.C. 1411 et seq.), there are 

23 appropriated an additional $1,200,000,000 for such grants. 

24 (b) CUSTOMS USER FEES.—Section 13031(j)(3) of the 

25 Consolidated Omnibus Budget Reconciliation Act of 1985 
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1 (19 U.S.C. 58c(j)(3)) is amended by striking ‘‘September 

2 30, 2003’’ and inserting ‘‘September 30, 2004’’. 

3 SEC. 308. In addition to any amounts that may be 

4 made available under this Act to carry out the Excellence 

5 in Economic Education Act of 2001 under subpart 13 of 

6 part D of title V of the Elementary and Secondary Edu7 cation Act of 1965, there are appropriated, out of any 

8 money in the Treasury not otherwise appropriated, 

9 $2,000,000 to carry out the Excellence in Economic Edu10 cation Act of 2001. 

11 SEC. 309. For necessary expenses for the Underground 

12 Railroad Education and Cultural Program, there are ap13 propriated $2,235,000. 

14 SEC. 310. There are appropriated, out of any money 

15 in the Treasury not otherwise appropriated, to carry out 

16 section 208 of the Education Sciences Reform Act of 2002, 

17 $80,000,000. All amounts in this Act for management and 

18 administration at the Department of Education are reduced 

19 on a pro rata basis by an amount required to offset the 

20 $80,000,000 appropriation made by this section. 

21 SEC. 311. For activities authorized by part H of title 

22 I of the Elementary and Secondary Education Act, there 

23 are hereby appropriated up to $5,000,000, which may be 

24 used to carry out such activities. 

25 DANIEL PATRICK MOYNIHAN GLOBAL AFFAIRS INSTITUTE

26 SEC. 312. (a) DEFINITIONS.—In this section: 
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1 (1) ENDOWMENTFUND.—The term ‘‘endowment 

2 fund’’ means a fund established by the Maxwell 

3 School of Citizenship and Public Affairs of the Syra4 cuse University in Syracuse, New York, for the pur5 pose of generating income for the support of the 

6 School and other purposes as described in subsection 

7 (d). 

8 (2) SCHOOL.—The term ‘‘School’’ means the 

9 Maxwell School of Citizenship and Public Affairs of 

10 the Syracuse University in Syracuse, New York. 

11 (3) SECRETARY.—The term ‘‘Secretary’’ means 

12 the Secretary of Education. 

13 (4) UNIVERSITY.—The term ‘‘University’’ means 

14 the Syracuse University in Syracuse, New York. 

15 (b) DANIEL PATRICK MOYNIHAN GLOBAL AFFAIRS IN16 STITUTE.—

17 (1) REDESIGNATION.—To be eligible for a grant 

18 under subsection (c), the University shall designate 

19 the global affairs institute within the Maxwell School 

20 of Citizenship and Public Affairs of the University as 

21 the ‘‘Daniel Patrick Moynihan Global Affairs Insti22 tute’’. 

23 (2) REFERENCES.—Any reference in a law, map, 

24 regulation, paper, or other record to the global affairs 

25 institute within the Maxwell School of Citizenship 
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1 and Public Affairs of the University, shall be deemed 

2 to be a reference to the Daniel Patrick Moynihan 

3 Global Affairs Institute. 

4 (c) GRANTFOR ENDOWMENT FUND.—From amounts 

5 appropriated under subsection (f), the Secretary may 

6 award a grant to the University for the establishment of 

7 an endowment fund to support the Daniel Patrick Moy8 nihan Global Affairs Institute. 

9 (d) DUTIES.—Amounts received under a grant under 

10 subsection (c), shall be used to—

11 (1) carry on the public and intellectual tradition 

12 of Senator Daniel Patrick Moynihan; 

13 (2) sustain all of the core activities of the School; 

14 (3) fund the residencies of visiting scholars and 

15 international leaders; 

16 (4) support scholarship, training, and practice 

17 in countries that are often the most impoverished eco18 nomically, institutionally, and civically; 

19 (5) support partnerships with governments and 

20 other relevant entities around the world to train gov21 ernment officials both at the School and in their home 

22 countries; and 

23 (6) expand the facilities of the School. 

24 (e) MISCELLANEOUS PROVISIONS RELATING TO THE

25 ENDOWMENT FUND.—
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1 (1) MANAGEMENT.—The endowment fund estab2 lished under subsection (c) shall be managed in ac3 cordance with the standard endowment policies estab4 lished by the University. 

5 (2) USE OF INTEREST AND INVESTMENT IN6 COME.—Interest and other investment income earned 

7 from the endowment fund may be used to carry out 

8 the duties under subsection (d). 

9 (3) DISTRIBUTION OF INTEREST AND INVEST10 MENTINCOME.—Funds derived from the interest and 

11 other investment income earned from the endowment 

12 fund shall be available for expenditure by the Univer13 sity for purposes consistent with subsection (d). 

14 (f) AUTHORIZATION OF APPROPRIATIONS.—There is 

15 authorized to be appropriated to carry out this section, 

16 $10,000,000 to remain available until expended. 

17 SEC. 313. In addition to any amounts otherwise ap18 propriated under this Act, there may be appropriated, out 

19 of any money in the Treasury not otherwise appropriated—

20 (1) an additional $4,000,000 to carry out title 

21 III of the Elementary and Secondary Education Act 

22 of 1965 (language instruction); 

23 (2) up to $1,000,000 to carry out part A of title 

24 V of the Higher Education Act of 1965 (Hispanic25 serving institutions); 
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1 (3) up to $500,000 to carry out part C of title 

2 I of the Elementary and Secondary Education Act of 

3 1965 (migrant education); 

4 (4) up to an additional $3,000,000 to carry out 

5 high school equivalency program activities under sec6 tion 418A of the Higher Education Act of 1965 

7 (HEP); 

8 (5) up to an additional $500,000 to carry out 

9 college assistance migrant program activities under 

10 section 418A of the Higher Education Act of 1965 

11 (CAMP); and 

12 (6) up to an additional $1,000,000 to carry out 

13 subpart 16 of part D of title V of the Elementary and 

14 Secondary Education Act of 1965 (parental assist15 ance and local family information centers). 

16 This title may be cited as the ‘‘Department of Edu17 cation Appropriations Act, 2004’’. 

18 TITLE IV—RELATED AGENCIES 

19 ARMED FORCES RETIREMENT HOME

20 For expenses necessary for the Armed Forces Retire21 ment Home to operate and maintain the Armed Forces Re22 tirement Home—Washington and the Armed Forces Retire23 ment Home—Gulfport, to be paid from funds available in 

24 the Armed Forces Retirement Home Trust Fund, 

25 $65,279,000, of which $1,983,000 shall remain available 
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1 until expended for construction and renovation of the phys2 ical plants at the Armed Forces Retirement Home—Wash3 ington and the Armed Forces Retirement Home—Gulfport. 

4 CORPORATION FOR NATIONAL AND COMMUNITY SERVICE

5 DOMESTIC VOLUNTEER SERVICE PROGRAMS, OPERATING

6 EXPENSES

7 For expenses necessary for the Corporation for Na8 tional and Community Service to carry out the provisions 

9 of the Domestic Volunteer Service Act of 1973, as amended, 

10 $350,187,000: Provided, That none of the funds made avail11 able to the Corporation for National and Community Serv12 ice in this Act for activities authorized by section 122 of 

13 Part C of Title I and Part E of Title II of the Domestic 

14 Volunteer Service Act of 1973 shall be used to provide sti15 pends or other monetary incentives to volunteers or volun16 teer leaders whose incomes exceed 125 percent of the na17 tional poverty level. 

18 CORPORATION FOR PUBLIC BROADCASTING

19 For payment to the Corporation for Public Broad20 casting, as authorized by the Communications Act of 1934, 

21 an amount which shall be available within limitations spec22 ified by that Act, for the fiscal year 2006, $400,000,000: 

23 Provided, That no funds made available to the Corporation 

24 for Public Broadcasting by this Act shall be used to pay 

25 for receptions, parties, or similar forms of entertainment 
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1 for Government officials or employees: Provided further, 

2 That none of the funds contained in this paragraph shall 

3 be available or used to aid or support any program or activ4 ity from which any person is excluded, or is denied benefits, 

5 or is discriminated against, on the basis of race, color, na6 tional origin, religion, or sex: Provided further, That for 

7 fiscal year 2004, in addition to the amounts provided above, 

8 $55,000,000 shall be for costs related to digital program 

9 production, development, and distribution, associated with 

10 the transition of public broadcasting to digital broad11 casting, to be awarded as determined by the Corporation 

12 in consultation with public radio and television licensees 

13 or permittees, or their designated representatives: Provided 

14 further, That for fiscal year 2004, in addition to the 

15 amounts provided above, $10,000,000 shall be for the costs 

16 associated with implementing the first phase of the next 

17 generation interconnection system. 

18 FEDERAL MEDIATION AND CONCILIATION SERVICE

19 SALARIES AND EXPENSES

20 For expenses necessary for the Federal Mediation and 

21 Conciliation Service to carry out the functions vested in 

22 it by the Labor Management Relations Act, 1947 (29 U.S.C. 

23 171–180, 182–183), including hire of passenger motor vehi24 cles; for expenses necessary for the Labor-Management Co25 operation Act of 1978 (29 U.S.C. 175a); and for expenses 
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1 necessary for the Service to carry out the functions vested 

2 in it by the Civil Service Reform Act, Public Law 95–454 

3 (5 U.S.C. ch. 71), $43,385,000, including $1,500,000, to re4 main available through September 30, 2005, for activities 

5 authorized by the Labor-Management Cooperation Act of 

6 1978 (29 U.S.C. 175a): Provided, That notwithstanding 31 

7 U.S.C. 3302, fees charged, up to full-cost recovery, for spe8 cial training activities and other conflict resolution services 

9 and technical assistance, including those provided to foreign 

10 governments and international organizations, and for arbi11 tration services shall be credited to and merged with this 

12 account, and shall remain available until expended: Pro13 vided further, That fees for arbitration services shall be 

14 available only for education, training, and professional de15 velopment of the agency workforce: Provided further, That 

16 the Director of the Service is authorized to accept and use 

17 on behalf of the United States gifts of services and real, per18 sonal, or other property in the aid of any projects or func19 tions within the Director’s jurisdiction. 

20 FEDERAL MINE SAFETY AND HEALTH REVIEW

21 COMMISSION

22 SALARIES AND EXPENSES

23 For expenses necessary for the Federal Mine Safety 

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

25 $7,774,000. 
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1 INSTITUTE OF MUSEUM AND LIBRARY SERVICES

2 For carrying out the Museum and Library Services 

3 Act of 1996, $243,889,000, to remain available until ex4 pended. 

5 MEDICARE PAYMENT ADVISORY COMMISSION

6 SALARIES AND EXPENSES

7 For expenses necessary to carry out section 1805 of the 

8 Social Security Act, $9,000,000, to be transferred to this 

9 appropriation from the Federal Hospital Insurance and the 

10 Federal Supplementary Medical Insurance Trust Funds. 

11 NATIONAL COMMISSION ON LIBRARIES AND INFORMATION

12 SCIENCE

13 SALARIES AND EXPENSES

14 For necessary expenses for the National Commission 

15 on Libraries and Information Science, established by the 

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

17 $1,000,000. 

18 NATIONAL COUNCIL ON DISABILITY

19 SALARIES AND EXPENSES

20 For expenses necessary for the National Council on 

21 Disability as authorized by title IV of the Rehabilitation 

22 Act of 1973, as amended, $3,339,000. 
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1 NATIONAL LABOR RELATIONS BOARD

2 SALARIES AND EXPENSES

3 For expenses necessary for the National Labor Rela4 tions Board to carry out the functions vested in it by the 

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

6 U.S.C. 141–167), and other laws, $246,073,000: Provided, 

7 That no part of this appropriation shall be available to or8 ganize or assist in organizing agricultural laborers or used 

9 in connection with investigations, hearings, directives, or 

10 orders concerning bargaining units composed of agricul11 tural laborers as referred to in section 2(3) of the Act of 

12 July 5, 1935 (29 U.S.C. 152), and as amended by the 

13 Labor-Management Relations Act, 1947, as amended, and 

14 as defined in section 3(f) of the Act of June 25, 1938 (29 

15 U.S.C. 203), and including in said definition employees en16 gaged in the maintenance and operation of ditches, canals, 

17 reservoirs, and waterways when maintained or operated on 

18 a mutual, nonprofit basis and at least 95 percent of the 

19 water stored or supplied thereby is used for farming pur20 poses. 

21 NATIONAL MEDIATION BOARD

22 SALARIES AND EXPENSES

23 For expenses necessary to carry out the provisions of 

24 the Railway Labor Act, as amended (45 U.S.C. 151–188), 
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1 including emergency boards appointed by the President, 

2 $11,421,000. 

3 OCCUPATIONAL SAFETY AND HEALTH REVIEW

4 COMMISSION

5 SALARIES AND EXPENSES

6 For expenses necessary for the Occupational Safety 

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

8 $9,610,000. 

9 RAILROAD RETIREMENT BOARD

10 DUAL BENEFITS PAYMENTS ACCOUNT

11 For payment to the Dual Benefits Payments Account, 

12 authorized under section 15(d) of the Railroad Retirement 

13 Act of 1974, $119,000,000, which shall include amounts be14 coming available in fiscal year 2004 pursuant to section 

15 224(c)(1)(B) of Public Law 98–76; and in addition, an 

16 amount, not to exceed 2 percent of the amount provided 

17 herein, shall be available proportional to the amount by 

18 which the product of recipients and the average benefit re19 ceived exceeds $119,000,000: Provided, That the total 

20 amount provided herein shall be credited in 12 approxi21 mately equal amounts on the first day of each month in 

22 the fiscal year. 

23 FEDERAL PAYMENTS TO THE RAILROAD RETIREMENT

24 ACCOUNTS

25 For payment to the accounts established in the Treas26 ury for the payment of benefits under the Railroad Retire-
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1 ment Act for interest earned on unnegotiated checks, 

2 $150,000, to remain available through September 30, 2005, 

3 which shall be the maximum amount available for payment 

4 pursuant to section 417 of Public Law 98–76. 

5 LIMITATION ON ADMINISTRATION

6 For necessary expenses for the Railroad Retirement 

7 Board for administration of the Railroad Retirement Act 

8 and the Railroad Unemployment Insurance Act, 

9 $99,350,000, to be derived in such amounts as determined 

10 by the Board from the railroad retirement accounts and 

11 from moneys credited to the railroad unemployment insur12 ance administration fund. 

13 LIMITATION ON THE OFFICE OF INSPECTOR GENERAL

14 For expenses necessary for the Office of Inspector Gen15 eral for audit, investigatory and review activities, as au16 thorized by the Inspector General Act of 1978, as amended, 

17 not more than $6,322,000, to be derived from the railroad 

18 retirement accounts and railroad unemployment insurance 

19 account: Provided, That none of the funds made available 

20 in any other paragraph of this Act may be transferred to 

21 the Office; used to carry out any such transfer; used to pro22 vide any office space, equipment, office supplies, commu23 nications facilities or services, maintenance services, or ad24 ministrative services for the Office; used to pay any salary, 

25 benefit, or award for any personnel of the Office; used to 

26 pay any other operating expense of the Office; or used to 
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1 reimburse the Office for any service provided, or expense 

2 incurred, by the Office: Provided further, That funds made 

3 available under the heading in this Act, or subsequent De4 partments of Labor, Health and Human Services, and Edu5 cation, and Related Agencies Appropriations Acts, may be 

6 used for any audit, investigation, or review of the Medicare 

7 program. 

8 SOCIAL SECURITY ADMINISTRATION

9 PAYMENTS TO SOCIAL SECURITY TRUST FUNDS

10 For payment to the Federal Old-Age and Survivors In11 surance and the Federal Disability Insurance trust funds, 

12 as provided under sections 201(m), 228(g), and 1131(b)(2) 

13 of the Social Security Act, $21,658,000. 

14 SUPPLEMENTAL SECURITY INCOME PROGRAM

15 For carrying out titles XI and XVI of the Social Secu16 rity Act, section 401 of Public Law 92–603, section 212 

17 of Public Law 93–66, as amended, and section 405 of Public 

18 Law 95–216, including payment to the Social Security 

19 trust funds for administrative expenses incurred pursuant 

20 to section 201(g)(1) of the Social Security Act, 

21 $26,290,000,000, to remain available until expended: Pro22 vided, That any portion of the funds provided to a State 

23 in the current fiscal year and not obligated by the State 

24 during that year shall be returned to the Treasury. 

25 For making, after June 15 of the current fiscal year, 

26 benefit payments to individuals under title XVI of the So-
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1 cial Security Act, for unanticipated costs incurred for the 

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

3 For making benefit payments under title XVI of the 

4 Social Security Act for the first quarter of fiscal year 2005, 

5 $12,590,000,000, to remain available until expended. 

6 LIMITATION ON ADMINISTRATIVE EXPENSES

7 For necessary expenses, including the hire of two pas8 senger motor vehicles, and not to exceed $20,000 for official 

9 reception and representation expenses, not more than 

10 $8,410,000,000 may be expended, as authorized by section 

11 201(g)(1) of the Social Security Act, from any one or all 

12 of the trust funds referred to therein: Provided, That not 

13 less than $1,800,000 shall be for the Social Security Advi14 sory Board: Provided further, That unobligated balances of 

15 funds provided under this paragraph at the end of fiscal 

16 year 2004 not needed for fiscal year 2004 shall remain 

17 available until expended to invest in the Social Security 

18 Administration information technology and telecommuni19 cations hardware and software infrastructure, including re20 lated equipment and non-payroll administrative expenses 

21 associated solely with this information technology and tele22 communications infrastructure: Provided further, That re23 imbursement to the trust funds under this heading for ex24 penditures for official time for employees of the Social Secu25 rity Administration pursuant to section 7131 of title 5, 

26 United States Code, and for facilities or support services 
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1 for labor organizations pursuant to policies, regulations, or 

2 procedures referred to in section 7135(b) of such title shall 

3 be made by the Secretary of the Treasury, with interest, 

4 from amounts in the general fund not otherwise appro5 priated, as soon as possible after such expenditures are 

6 made: Provided further, That $107,000,000 shall not be 

7 available for obligation until September 30, 2004. 

8 In addition, $120,000,000 to be derived from adminis9 tration fees in excess of $5.00 per supplementary payment 

10 collected pursuant to section 1616(d) of the Social Security 

11 Act or section 212(b)(3) of Public Law 93–66, which shall 

12 remain available until expended. To the extent that the 

13 amounts collected pursuant to such section 1616(d) or 

14 212(b)(3) in fiscal year 2004 exceed $120,000,000, the 

15 amounts shall be available in fiscal year 2005 only to the 

16 extent provided in advance in appropriations Acts. 

17 From funds previously appropriated for this purpose, 

18 any unobligated balances at the end of fiscal year 2003 shall 

19 be available to continue Federal-State partnerships which 

20 will evaluate means to promote Medicare buy-in programs 

21 targeted to elderly and disabled individuals under titles 

22 XVIII and XIX of the Social Security Act. 

23 OFFICE OF INSPECTOR GENERAL

24 (INCLUDING TRANSFER OF FUNDS)

25 For expenses necessary for the Office of Inspector Gen26 eral in carrying out the provisions of the Inspector General 
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1 Act of 1978, as amended, $20,863,000, together with not to 

2 exceed $61,597,000, to be transferred and expended as au3 thorized by section 201(g)(1) of the Social Security Act from 

4 the Federal Old-Age and Survivors Insurance Trust Fund 

5 and the Federal Disability Insurance Trust Fund. 

6 In addition, an amount not to exceed 3 percent of the 

7 total provided in this appropriation may be transferred 

8 from the ‘‘Limitation on Administrative Expenses’’, Social 

9 Security Administration, to be merged with this account, 

10 to be available for the time and purposes for which this 

11 account is available: Provided, That notice of such transfers 

12 shall be transmitted promptly to the Committees on Appro13 priations of the House and Senate. 

14 UNITED STATES INSTITUTE OF PEACE

15 OPERATING EXPENSES

16 For necessary expenses of the United States Institute 

17 of Peace as authorized in the United States Institute of 

18 Peace Act, $17,200,000. 

19 TITLE V—GENERAL PROVISIONS 

20 SEC. 501. The Secretaries of Labor, Health and 

21 Human Services, and Education are authorized to transfer 

22 unexpended balances of prior appropriations to accounts 

23 corresponding to current appropriations provided in this 

24 Act: Provided, That such transferred balances are used for 
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1 the same purpose, and for the same periods of time, for 

2 which they were originally appropriated. 

3 SEC. 502. No part of any appropriation contained in 

4 this Act shall remain available for obligation beyond the 

5 current fiscal year unless expressly so provided herein. 

6 SEC. 503. (a) No part of any appropriation contained 

7 in this Act shall be used, other than for normal and recog8 nized executive-legislative relationships, for publicity or 

9 propaganda purposes, for the preparation, distribution, or 

10 use of any kit, pamphlet, booklet, publication, radio, tele11 vision, or video presentation designed to support or defeat 

12 legislation pending before the Congress or any State legisla13 ture, except in presentation to the Congress or any State 

14 legislature itself. 

15 (b) No part of any appropriation contained in this 

16 Act shall be used to pay the salary or expenses of any grant 

17 or contract recipient, or agent acting for such recipient, re18 lated to any activity designed to influence legislation or ap19 propriations pending before the Congress or any State legis20 lature. 

21 SEC. 504. The Secretaries of Labor and Education are 

22 authorized to make available not to exceed $28,000 and 

23 $20,000, respectively, from funds available for salaries and 

24 expenses under titles I and III, respectively, for official re25 ception and representation expenses; the Director of the 
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1 Federal Mediation and Conciliation Service is authorized 

2 to make available for official reception and representation 

3 expenses not to exceed $5,000 from the funds available for 

4 ‘‘Salaries and expenses, Federal Mediation and Concilia5 tion Service’’; and the Chairman of the National Mediation 

6 Board is authorized to make available for official reception 

7 and representation expenses not to exceed $5,000 from funds 

8 available for ‘‘Salaries and expenses, National Mediation 

9 Board’’. 

10 SEC. 505. Notwithstanding any other provision of this 

11 Act, no funds appropriated under this Act shall be used to 

12 carry out any program of distributing sterile needles or sy13 ringes for the hypodermic injection of any illegal drug. 

14 SEC. 506. (a) It is the sense of the Congress that, to 

15 the greatest extent practicable, all equipment and products 

16 purchased with funds made available in this Act should be 

17 American-made. 

18 (b) In providing financial assistance to, or entering 

19 into any contract with, any entity using funds made avail20 able in this Act, the head of each Federal agency, to the 

21 greatest extent practicable, shall provide to such entity a 

22 notice describing the statement made in subsection (a) by 

23 the Congress. 

24 (c) If it has been finally determined by a court or Fed25 eral agency that any person intentionally affixed a label 
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1 bearing a ‘‘Made in America’’ inscription, or any inscrip2 tion with the same meaning, to any product sold in or 

3 shipped to the United States that is not made in the United 

4 States, the person shall be ineligible to receive any contract 

5 or subcontract made with funds made available in this Act, 

6 pursuant to the debarment, suspension, and ineligibility 

7 procedures described in sections 9.400 through 9.409 of title 

8 48, Code of Federal Regulations. 

9 SEC. 507. When issuing statements, press releases, re10 quests for proposals, bid solicitations and other documents 

11 describing projects or programs funded in whole or in part 

12 with Federal money, all grantees receiving Federal funds 

13 included in this Act, including but not limited to State and 

14 local governments and recipients of Federal research grants, 

15 shall clearly state: (1) the percentage of the total costs of 

16 the program or project which will be financed with Federal 

17 money; (2) the dollar amount of Federal funds for the 

18 project or program; and (3) percentage and dollar amount 

19 of the total costs of the project or program that will be fi20 nanced by non-governmental sources. 

21 SEC. 508. (a) None of the funds appropriated under 

22 this Act, and none of the funds in any trust fund to which 

23 funds are appropriated under this Act, shall be expended 

24 for any abortion. 
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1 (b) None of the funds appropriated under this Act, and 

2 none of the funds in any trust fund to which funds are 

3 appropriated under this Act, shall be expended for health 

4 benefits coverage that includes coverage of abortion. 

5 (c) The term ‘‘health benefits coverage’’ means the 

6 package of services covered by a managed care provider or 

7 organization pursuant to a contract or other arrangement. 

8 SEC. 509. (a) The limitations established in the pre9 ceding section shall not apply to an abortion—

10 (1) if the pregnancy is the result of an act of 

11 rape or incest; or 

12 (2) in the case where a woman suffers from a 

13 physical disorder, physical injury, or physical illness, 

14 including a life-endangering physical condition 

15 caused by or arising from the pregnancy itself, that 

16 would, as certified by a physician, place the woman 

17 in danger of death unless an abortion is performed. 

18 (b) Nothing in the preceding section shall be construed 

19 as prohibiting the expenditure by a State, locality, entity, 

20 or private person of State, local, or private funds (other 

21 than a State’s or locality’s contribution of Medicaid match22 ing funds). 

23 (c) Nothing in the preceding section shall be construed 

24 as restricting the ability of any managed care provider 

25 from offering abortion coverage or the ability of a State or 
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1 locality to contract separately with such a provider for such 

2 coverage with State funds (other than a State’s or locality’s 

3 contribution of Medicaid matching funds). 

4 SEC. 510. (a) None of the funds made available in this 

5 Act may be used for—

6 (1) the creation of a human embryo or embryos 

7 for research purposes; or 

8 (2) research in which a human embryo or em9 bryos are destroyed, discarded, or knowingly subjected 

10 to risk of injury or death greater than that allowed 

11 for research on fetuses in utero under 45 CFR 

12 46.208(a)(2) and section 498(b) of the Public Health 

13 Service Act (42 U.S.C. 289g(b)). 

14 (b) For purposes of this section, the term ‘‘human em15 bryo or embryos’’ includes any organism, not protected as 

16 a human subject under 45 CFR 46 as of the date of the 

17 enactment of this Act, that is derived by fertilization, par18 thenogenesis, cloning, or any other means from one or more 

19 human gametes or human diploid cells. 

20 SEC. 511. (a) None of the funds made available in this 

21 Act may be used for any activity that promotes the legaliza22 tion of any drug or other substance included in schedule 

23 I of the schedules of controlled substances established by sec24 tion 202 of the Controlled Substances Act (21 U.S.C. 812). 
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1 (b) The limitation in subsection (a) shall not apply 

2 when there is significant medical evidence of a therapeutic 

3 advantage to the use of such drug or other substance or that 

4 federally sponsored clinical trials are being conducted to de5 termine therapeutic advantage. 

6 SEC. 512. None of the funds made available in this 

7 Act may be obligated or expended to enter into or renew 

8 a contract with an entity if—

9 (1) such entity is otherwise a contractor with the 

10 United States and is subject to the requirement in 

11 section 4212(d) of title 38, United States Code, re12 garding submission of an annual report to the Sec13 retary of Labor concerning employment of certain vet14 erans; and 

15 (2) such entity has not submitted a report as re16 quired by that section for the most recent year for 

17 which such requirement was applicable to such entity. 

18 SEC. 513. None of the funds made available in this 

19 Act may be used to promulgate or adopt any final standard 

20 under section 1173(b) of the Social Security Act (42 U.S.C. 

21 1320d–2(b)) providing for, or providing for the assignment 

22 of, a unique health identifier for an individual (except in 

23 an individual’s capacity as an employer or a health care 

24 provider), until legislation is enacted specifically approving 

25 the standard. 
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1 SEC. 514. None of the funds made available in this 

2 Act may be transferred to any department, agency, or in3 strumentality of the United States Government, except pur4 suant to a transfer made by, or transfer authority provided 

5 in, this Act or any other appropriation Act. 

6 SEC. 515. (a) IN GENERAL.—Amounts made available 

7 under this Act for the administrative and related expenses 

8 for departmental management for the Department of Labor, 

9 the Department of Health and Human Services, and the 

10 Department of Education shall be reduced on a pro rata 

11 basis by $52,190,000. 

12 (b) LIMITATION.—The reduction required by sub13 section (a) shall not apply to the Food and Drug Adminis14 tration and the Indian Health Service. 

15 SEC. 516. In addition to any amounts otherwise ap16 propriated under this Act for the Special Volunteers for 

17 Homeland Security program, there may be appropriated 

18 an additional $5,000,000 for such program. 
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1 This Act may be cited as the ‘‘Departments of Labor, 

2 Health and Human Services, and Education, and Related 

3 Agencies Appropriations Act, 2004’’.

Passed the House of Representatives July 10, 2003. 

Attest: JEFF TRANDAHL, 

Clerk.

Passed the Senate September 10, 2003. 

Attest: EMILY J. REYNOLDS, 

Secretary.