IB 

Union Calendar No. 97

108TH CONGRESS 

1ST SESSION H. R. 2660

[Report No. 108–188] 

Making appropriations for the Departments of Labor, Health and Human 

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

September 30, 2004, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 8, 2003

Mr. REGULA, from the Committee on Appropriations, reported the following 

bill; which was committed to the Committee of the Whole House on the 

State of the Union and ordered to be printed 

A BILL

Making appropriations for the Departments of Labor, Health 

and Human Services, and Education, and related agencies for the fiscal year ending September 30, 2004, and 

for other purposes.

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

3 That the following sums are appropriated, out of any 

4 money in the Treasury not otherwise appropriated, for the 

5 Departments of Labor, Health and Human Services, and 
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1 Education, and related agencies for the fiscal year ending 

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

3 TITLE I—DEPARTMENT OF LABOR 

4 EMPLOYMENT AND TRAINING ADMINISTRATION

5 TRAINING ANDEMPLOYMENT SERVICES

6 For necessary expenses of the Workforce Investment 

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

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

9 buildings and other facilities, and the purchase of real 

10 property for training centers as authorized by such Act; 

11 $2,614,039,000 plus reimbursements, of which 

12 $1,582,858,000 is available for obligation for the period 

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

14 determined by the Secretary of Labor to be necessary pur15 suant to sections 173(a)(4)(A) and 174(c) of such Act 

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

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

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

19 $30,216,000 is available for the period July 1, 2004 

20 through June 30, 2007 for necessary expenses of construc21 tion, rehabilitation, and acquisition of Job Corps centers: 

22 Provided, That notwithstanding any other provision of 

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

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

25 in section 132(a)(2)(A) of such Act and $1,155,152,000 
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1 shall be for activities described in section 132(a)(2)(B) of 

2 such Act: Provided further, That, notwithstanding any 

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

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

5 $56,000,000 for formula grants and $3,600,000 for mi6 grant and seasonal housing, including permanent housing, 

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

8 further, That funds appropriated under this heading in 

9 Public Law 108–7 for migrant and seasonal farmworkers 

10 housing shall be made available only under the terms and 

11 conditions in effect June 30, 2002, and shall include fund12 ing for permanent housing: Provided further, That not13 withstanding the transfer limitation under section 

14 133(b)(4) of such Act, up to 30 percent of such funds 

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

16 Governor: Provided further, That funds provided to carry 

17 out section 171(d) of such Act may be used for demonstra18 tion projects that provide assistance to new entrants in 

19 the workforce and incumbent workers: Provided further, 

20 That no funds from any other appropriation shall be used 

21 to provide meal services at or for Job Corps centers: Pro22 vided further, That notwithstanding any other provision of 

23 law, funds awarded under a grant issued by the Depart24 ment of Labor pursuant to section 173 of such Act on 

25 June 30, 2001, to the San Diego Workforce Partnership 
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1 may be used to provide services to spouses of military per2 sonnel. 

3 For necessary expenses of the Workforce Investment 

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

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

6 buildings and other facilities, and the purchase of real 

7 property for training centers as authorized by such Act; 

8 $2,463,000,000 plus reimbursements, of which 

9 $2,363,000,000 is available for obligation for the period 

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

11 $100,000,000 is available for the period October 1, 2004 

12 through June 30, 2007, for necessary expenses of con13 struction, rehabilitation, and acquisition of Job Corps cen14 ters. 

15 COMMUNITY SERVICE EMPLOYMENT FOR OLDER

16 AMERICANS

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

18 1965, as amended, $440,200,000. 

19 FEDERAL UNEMPLOYMENT BENEFITS AND ALLOWANCES

20 For payments during the current fiscal year of trade 

21 adjustment benefit payments and allowances under part 

22 I; and for training, allowances for job search and reloca23 tion, and related State administrative expenses under part 

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

25 Act of 1974 as amended (including the benefits and serv26 ices described under sections 123(c)(2) and 151 (b) and 
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1 (c) of the Trade Adjustment Assistance Reform Act of 

2 2002, Public Law 107–210) $1,338,200,000, together 

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

4 the subsequent appropriation for payments for any period 

5 subsequent to September 15 of the current year. 

6 STATE UNEMPLOYMENT INSURANCE ANDEMPLOYMENT

7 SERVICE OPERATIONS

8 For authorized administrative expenses, 

9 $142,520,000, together with not to exceed 

10 $3,472,861,000 (including not to exceed $1,228,000 

11 which may be used for amortization payments to States 

12 which had independent retirement plans in their State em13 ployment service agencies prior to 1980), which may be 

14 expended from the Employment Security Administration 

15 Account in the Unemployment Trust Fund including the 

16 cost of administering section 51 of the Internal Revenue 

17 Code of 1986, as amended, section 7(d) of the Wagner18 Peyser Act, as amended, the Trade Act of 1974, as 

19 amended, the Immigration Act of 1990, and the Immigra20 tion and Nationality Act, as amended, and of which the 

21 sums available in the allocation for activities authorized 

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

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

24 for necessary administrative expenses for carrying out 5 

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

26 States through December 31, 2004, except that funds 
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1 used for automation acquisitions shall be available for obli2 gation by the States through September 30, 2006; of 

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

4 $768,257,000 of the amount which may be expended from 

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

6 period July 1, 2004 through June 30, 2005, to fund ac7 tivities under the Act of June 6, 1933, as amended, in8 cluding the cost of penalty mail authorized under 39 

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

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

11 that the Average Weekly Insured Unemployment (AWIU) 

12 for fiscal year 2004 is projected by the Department of 

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

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

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

16 increment less than 100,000) from the Employment Secu17 rity Administration Account of the Unemployment Trust 

18 Fund: Provided further, That funds appropriated in this 

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

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

21 activities of the Federal-State unemployment insurance 

22 programs, may be obligated in contracts, grants or agree23 ments with non-State entities: Provided further, That 

24 funds appropriated under this Act for activities authorized 

25 under the Wagner-Peyser Act, as amended, and title III 
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1 of the Social Security Act, may be used by the States to 

2 fund integrated Employment Service and Unemployment 

3 Insurance automation efforts, notwithstanding cost alloca4 tion principles prescribed under Office of Management 

5 and Budget Circular A–87. 

6 ADVANCES TO THE UNEMPLOYMENT TRUST FUND AND

7 OTHER FUNDS

8 For repayable advances to the Unemployment Trust 

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

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

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

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

13 for nonrepayable advances to the Unemployment Trust 

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

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

16 and allowances’’ account, to remain available until Sep17 tember 30, 2005, $467,000,000.

18 In addition, for making repayable advances to the 

19 Black Lung Disability Trust Fund in the current fiscal 

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

21 Black Lung Disability Trust Fund in the current fiscal 

22 year, such sums as may be necessary. 

23 PROGRAM ADMINISTRATION

24 For expenses of administering employment and train25 ing programs, $115,824,000, including $2,393,000 to ad26 minister welfare-to-work grants, together with not to ex-
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1 ceed $56,503,000, which may be expended from the Em2 ployment Security Administration Account in the Unem3 ployment Trust Fund. 

4 EMPLOYEE BENEFITS SECURITY ADMINISTRATION

5 SALARIES ANDEXPENSES

6 For necessary expenses for the Employee Benefits 

7 Security Administration $128,605,000. 

8 PENSION BENEFIT GUARANTY CORPORATION

9 PENSION BENEFIT GUARANTY CORPORATION FUND

10 The Pension Benefit Guaranty Corporation is author11 ized to make such expenditures, including financial assist12 ance authorized by section 104 of Public Law 96–364, 

13 within limits of funds and borrowing authority available 

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

15 such contracts and commitments without regard to fiscal 

16 year limitations as provided by section 104 of the Govern17 ment Corporation Control Act, as amended (31 U.S.C. 

18 9104), as may be necessary in carrying out the program 

19 through September 30, 2004, for such Corporation: Pro20 vided, That none of the funds available to the Corporation 

21 for fiscal year 2004 shall be available for obligations for 

22 administrative expenses in excess of $228,772,000: Pro23 vided further, That obligations in excess of such amount 

24 may be incurred after approval by the Office of Manage-
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1 ment and Budget and the Committees on Appropriations 

2 of the House and the Senate. 

3 EMPLOYMENT STANDARDS ADMINISTRATION

4 SALARIES ANDEXPENSES

5 For necessary expenses for the Employment Stand6 ards Administration, including reimbursement to State, 

7 Federal, and local agencies and their employees for inspec8 tion services rendered, $395,697,000, together with 

9 $2,056,000 which may be expended from the Special Fund 

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

11 Longshore and Harbor Workers’ Compensation Act: Pro12 vided, That $1,250,000 shall be for the development of 

13 an alternative system for the electronic submission of re14 ports required to be filed under the Labor-Management 

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

16 for a computer database of the information for each sub17 mission by whatever means, that is indexed and easily 

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

19 That the Secretary of Labor is authorized to accept, re20 tain, and spend, until expended, in the name of the De21 partment of Labor, all sums of money ordered to be paid 

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

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

24 the United States District Court for the District of the 

25 Northern Mariana Islands (May 21, 1992): Provided fur-
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1 ther, That the Secretary of Labor is authorized to estab2 lish and, in accordance with 31 U.S.C. 3302, collect and 

3 deposit in the Treasury fees for processing applications 

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

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

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

7 and issuing registrations under title I of the Migrant and 

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

9 1801 et seq.). 

10 SPECIAL BENEFITS

11 (INCLUDING TRANSFER OF FUNDS)

12 For the payment of compensation, benefits, and ex13 penses (except administrative expenses) accruing during 

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

15 chapter 81 of the United States Code; continuation of ben16 efits as provided for under the heading ‘Civilian War Ben17 efits’ in the Federal Security Agency Appropriation Act, 

18 1947; the Employees’ Compensation Commission Appro19 priation Act, 1944; sections 4(c) and 5(f) of the War 

20 Claims Act of 1948 (50 U.S.C. App. 2012); and 50 per21 cent of the additional compensation and benefits required 

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

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

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

25 the subsequent year appropriation for the payment of 

26 compensation and other benefits for any period subse-
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1 quent to August 15 of the current year: Provided, That 

2 amounts appropriated may be used under section 8104 of 

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

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

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

6 disabled beneficiary: Provided further, That balances of re7 imbursements unobligated on September 30, 2002, shall 

8 remain available until expended for the payment of com9 pensation, benefits, and expenses: Provided further, That 

10 in addition there shall be transferred to this appropriation 

11 from the Postal Service and from any other corporation 

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

13 5, United States Code, to pay an amount for its fair share 

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

15 determines to be the cost of administration for employees 

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

17 Provided further, That of those funds transferred to this 

18 account from the fair share entities to pay the cost of ad19 ministration of the Federal Employees’ Compensation Act, 

20 $39,315,000 shall be made available to the Secretary as 

21 follows: (1) for enhancement and maintenance of auto22 mated data processing systems and telecommunications 

23 systems, $11,618,000; (2) for automated workload proc24 essing operations including document imaging, centralized 

25 mail intake and medical bill processing, $14,496,000; (3) 
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1 for periodic roll management and medical review, 

2 $13,210,000; and (4) the remaining funds shall be paid 

3 into the Treasury as miscellaneous receipts: Provided fur4 ther, That the Secretary may require that any person fil5 ing a notice of injury or a claim for benefits under chapter 

6 81 of title 5, United States Code, or 33 U.S.C. 901 et 

7 seq., provide as part of such notice and claim, such identi8 fying information (including Social Security account num9 ber) as such regulations may prescribe. 

10 SPECIAL BENEFITS FOR DISABLED COAL MINERS

11 For carrying out title IV of the Federal Mine Safety 

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

13 275 (the ‘‘Act’’), $300,000,000, to remain available until 

14 expended. 

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

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

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

18 as may be necessary. 

19 For making benefit payments under title IV of the 

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

21 available until expended.

22 ADMINISTRATIVE EXPENSES, ENERGY EMPLOYEES

23 OCCUPATIONAL ILLNESS COMPENSATION FUND

24 (INCLUDING TRANSFER OF FUNDS)

25 For necessary expenses to administer the Energy 

26 Employees Occupational Illness Compensation Act, 
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1 $55,074,000 to remain available until expended: Provided, 

2 That the Secretary of Labor is authorized to transfer to 

3 any executive agency with authority under the Energy 

4 Employees Occupational Illness Compensation Act, includ5 ing within the Department of Labor, such sums as may 

6 be necessary in fiscal year 2004 to carry out those authori7 ties: Provided further, That the Secretary may require that 

8 any person filing a claim for benefits under the Act pro9 vide as part of such claim, such identifying information 

10 (including Social Security account number) as may be pre11 scribed. 

12 BLACK LUNG DISABILITY TRUST FUND

13 (INCLUDING TRANSFER OF FUNDS)

14 Beginning in fiscal year 2004 and thereafter, such 

15 sums as may be necessary from the Black Lung Disability 

16 Trust Fund, to remain available until expended, for pay17 ment of all benefits authorized by section 9501(d)(1), (2), 

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

19 amended; and interest on advances, as authorized by sec20 tion 9501(c)(2) of that Act. In addition, the following 

21 amounts shall be available from the Fund for fiscal year 

22 2004 for expenses of operation and administration of the 

23 Black Lung Benefits program, as authorized by section 

24 9501(d)(5): $32,004,000 for transfer to the Employment 

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

26 $23,401,000 for transfer to Departmental Management, 
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1 ‘‘Salaries and Expenses’’; $338,000 for transfer to De2 partmental Management, ‘‘Office of Inspector General’’; 

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

4 the expenses of the Department of the Treasury. 

5 OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION

6 SALARIES ANDEXPENSES

7 For necessary expenses for the Occupational Safety 

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

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

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

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

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

13 of State occupational safety and health programs required 

14 to be incurred under plans approved by the Secretary 

15 under section 18 of the Act; and, in addition, notwith16 standing 31 U.S.C. 3302, the Occupational Safety and 

17 Health Administration may retain up to $750,000 per fis18 cal year of training institute course tuition fees, otherwise 

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

20 sums for occupational safety and health training and edu21 cation grants: Provided, That, notwithstanding 31 U.S.C. 

22 3302, the Secretary of Labor is authorized, during the fis23 cal year ending September 30, 2004, to collect and retain 

24 fees for services provided to Nationally Recognized Test25 ing Laboratories, and may utilize such sums, in accord-
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1 ance with the provisions of 29 U.S.C. 9a, to administer 

2 national and international laboratory recognition pro3 grams that ensure the safety of equipment and products 

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

5 none of the funds appropriated under this paragraph shall 

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

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

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

9 in a farming operation which does not maintain a tem10 porary labor camp and employs 10 or fewer employees: 

11 Provided further, That no funds appropriated under this 

12 paragraph shall be obligated or expended to administer or 

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

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

15 who is included within a category having an occupational 

16 injury lost workday case rate, at the most precise Stand17 ard Industrial Classification Code for which such data are 

18 published, less than the national average rate as such 

19 rates are most recently published by the Secretary, acting 

20 through the Bureau of Labor Statistics, in accordance 

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

22 (1) to provide, as authorized by such Act, con23 sultation, technical assistance, educational and train24 ing services, and to conduct surveys and studies; 
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1 (2) to conduct an inspection or investigation in 

2 response to an employee complaint, to issue a cita3 tion for violations found during such inspection, and 

4 to assess a penalty for violations which are not cor5 rected within a reasonable abatement period and for 

6 any willful violations found; 

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

8 with respect to imminent dangers; 

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

10 with respect to health hazards; 

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

12 with respect to a report of an employment accident 

13 which is fatal to one or more employees or which re14 sults in hospitalization of two or more employees, 

15 and to take any action pursuant to such investiga16 tion authorized by such Act; and 

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

18 with respect to complaints of discrimination against 

19 employees for exercising rights under such Act: Pro20 vided further, That the foregoing proviso shall not 

21 apply to any person who is engaged in a farming op22 eration which does not maintain a temporary labor 

23 camp and employs 10 or fewer employees. 
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1 MINE SAFETY AND HEALTH ADMINISTRATION

2 SALARIES ANDEXPENSES

3 For necessary expenses for the Mine Safety and 

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

5 and bestowal of certificates and trophies in connection 

6 with mine rescue and first-aid work, and the hire of pas7 senger motor vehicles; including up to $1,000,000 for 

8 mine rescue and recovery activities, which shall be avail9 able only to the extent that fiscal year 2004 obligations 

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

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

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

13 the sale of training materials, otherwise authorized by law 

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

15 education and training activities, notwithstanding 31 

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

17 Administration may retain up to $1,000,000 from fees col18 lected for the approval and certification of equipment, ma19 terials, and explosives for use in mines, and may utilize 

20 such sums for such activities; the Secretary is authorized 

21 to accept lands, buildings, equipment, and other contribu22 tions from public and private sources and to prosecute 

23 projects in cooperation with other agencies, Federal, 

24 State, or private; the Mine Safety and Health Administra25 tion is authorized to promote health and safety education 
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1 and training in the mining community through cooperative 

2 programs with States, industry, and safety associations; 

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

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

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

6 major disaster. 

7 BUREAU OF LABOR STATISTICS

8 SALARIES ANDEXPENSES

9 For necessary expenses for the Bureau of Labor Sta10 tistics, including advances or reimbursements to State, 

11 Federal, and local agencies and their employees for serv12 ices rendered, $437,152,000, together with not to exceed 

13 $75,110,000, which may be expended from the Employ14 ment Security Administration Account in the Unemploy15 ment Trust Fund. 

16 OFFICE OF DISABILITY EMPLOYMENT POLICY

17 SALARIES ANDEXPENSES

18 For necessary expenses for the Office of Disability 

19 Employment Policy to provide leadership, develop policy 

20 and initiatives, and award grants furthering the objective 

21 of eliminating barriers to the training and employment of 

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

2 SALARIES ANDEXPENSES

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

5 the acquisition of Departmental information technology, 

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

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

10 a sound investment management process to assure a 

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

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

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

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

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

17 appeals of any decision made by the Benefits Review 

18 Board under section 21 of the Longshore and Harbor 

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

20 participation is precluded by the decision of the United 

21 States Supreme Court in Director, Office of Workers’ 

22 Compensation Programs v. Newport News Shipbuilding, 

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

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

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

2 of Labor to review a decision under the Longshore and 

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

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

5 before the Benefits Review Board for more than 12 

6 months: Provided further, That any such decision pending 

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

8 year shall be considered affirmed by the Benefits Review 

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

11 for purposes of obtaining a review in the United States 

12 courts of appeals: Provided further, That these provisions 

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

15 901 et seq.). 

16 VETERANS EMPLOYMENT ANDTRAINING

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

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

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

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

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

24 Training Services Institute. To carry out the Homeless 

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

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

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

3 30, 2005. 

4 OFFICE OF INSPECTOR GENERAL

5 For salaries and expenses of the Office of Inspector 

6 General in carrying out the provisions of the Inspector 

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

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

9 from the Employment Security Administration Account in 

10 the Unemployment Trust Fund. 

11 WORKING CAPITAL FUND

12 For the acquisition of a new core accounting system 

13 for the Department of Labor, including hardware and 

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

16 GENERAL PROVISIONS 

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

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

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

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

21 II. 

22 (TRANSFER OF FUNDS)

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

25 Emergency Deficit Control Act of 1985, as amended) 

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

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

4 Provided, That the Appropriations Committees of both 

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

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

8 Appropriations Act, 2004’’. 

9 TITLE II—DEPARTMENT OF HEALTH AND 

10 HUMAN SERVICES 

11 HEALTH RESOURCES AND SERVICES ADMINISTRATION

12 HEALTH RESOURCES ANDSERVICES

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

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

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

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

17 Security Act, the Health Care Quality Improvement Act 

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

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

20 of 2000, and the Poison Control Center Enhancement and 

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

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

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

24 the Medicare rural hospital flexibility grants program 

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

2 be available until expended for facilities renovations at the

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

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

5 the Health Care Quality Improvement Act of 1986, fees 

6 shall be collected for the full disclosure of information 

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

11 information under the ‘‘Health Care Fraud and Abuse 

12 Data Collection Program’’, authorized by section 

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

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

15 shall remain available until expended to carry out that 

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

17 available for carrying out the provisions of Public Law 

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

20 program under title X of the Public Health Service Act 

21 to provide for voluntary family planning projects: Provided 

22 further, That amounts provided to said projects under 

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

24 pregnancy counseling shall be nondirective, and that such 

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

2 way tends to promote public support or opposition to any 

3 legislative proposal or candidate for public office: Provided 

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

5 Assistance Programs authorized by section 2616 of the 

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

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

9 of regional and national significance pursuant to section 

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

11 for special projects of regional and national significance 

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

13 shall not be counted toward compliance with the allocation 

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

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

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

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

21 shall be made only to public and private entities which 

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

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

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1 of an entity expressly required by law to provide health 

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

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

5 the abstinence education was provided: Provided further,

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

8 HEALTH EDUCATION ASSISTANCE LOANS PROGRAM

9 ACCOUNT

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

15 $3,389,000. 

16 VACCINE INJURY COMPENSATION PROGRAM TRUST FUND

17 For payments from the Vaccine Injury Compensation 

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

19 claims associated with vaccine-related injury or death with 

20 respect to vaccines administered after September 30, 

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

22 Health Service Act, to remain available until expended: 

23 Provided, That for necessary administrative expenses, not 

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

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

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1 CENTERS FOR DISEASE CONTROL AND PREVENTION

2 DISEASE CONTROL, RESEARCH, ANDTRAINING

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

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

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

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

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

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

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

13 shall remain available until expended for equipment, and 

14 construction and renovation of facilities, and of which 

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

16 available until September 30, 2005, including not less 

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

18 for the ‘‘International Mother and Child HIV Prevention 

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

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

21 account: Provided, That in addition to amounts provided 

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

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

HR 2660 RH 

1 able for injury prevention and control at the Centers for 

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

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

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

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

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

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

10 for making grants under section 1509 of the Public 

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

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

14 the Centers for Disease Control and Prevention, with 

15 property acquisition, including a long-term ground lease 

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

18 Colorado area: Provided further, That notwithstanding any 

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

21 be employed which collectively include the full scope of the 

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

24 at 48 CFR 52.232–18. 
28

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1 NATIONAL INSTITUTES OF HEALTH

2 NATIONAL CANCER INSTITUTE

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

5 $4,770,519,000. 

6 NATIONAL HEART, LUNG, AND BLOOD INSTITUTE

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

9 and blood diseases, and blood and blood products, 

10 $2,867,995,000. 

11 NATIONAL INSTITUTE OF DENTAL AND CRANIOFACIAL

12 RESEARCH

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

15 $382,396,000.

16 NATIONAL INSTITUTE OF DIABETES AND DIGESTIVE

17 AND KIDNEY DISEASES

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

21 NATIONAL INSTITUTE OF NEUROLOGICAL DISORDERS

22 AND STROKE

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

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1 NATIONAL INSTITUTE OF ALLERGY AND INFECTIOUS

2 DISEASES

3 (INCLUDING TRANSFER OF FUNDS)

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

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

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

11 NATIONAL INSTITUTE OF GENERAL MEDICAL SCIENCES

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

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

15 NATIONAL INSTITUTE OF CHILD HEALTH AND HUMAN

16 DEVELOPMENT

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

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

20 NATIONAL EYE INSTITUTE

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

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

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1 NATIONAL INSTITUTE OF ENVIRONMENTAL HEALTH

2 SCIENCES

3 For carrying out sections 301 and 311 and title IV 

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

6 NATIONAL INSTITUTE ON AGING

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

9 $994,411,000. 

10 NATIONAL INSTITUTE OF ARTHRITIS AND

11 MUSCULOSKELETAL AND SKIN DISEASES

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

15 NATIONAL INSTITUTE ON DEAFNESS AND OTHER

16 COMMUNICATION DISORDERS

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

19 communication disorders, $380,377,000. 

20 NATIONAL INSTITUTE OF NURSING RESEARCH

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

23 $134,579,000. 
31

HR 2660 RH 

1 NATIONAL INSTITUTE ON ALCOHOL ABUSE AND

2 ALCOHOLISM

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

5 alcoholism, $430,121,000. 

6 NATIONAL INSTITUTE ON DRUG ABUSE

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

9 $995,614,000. 

10 NATIONAL INSTITUTE OF MENTAL HEALTH

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

13 $1,382,114,000. 

14 NATIONAL HUMAN GENOME RESEARCH INSTITUTE

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

18 NATIONAL INSTITUTE OF BIOMEDICAL IMAGING AND

19 BIOENGINEERING

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

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

23 NATIONAL CENTER FOR RESEARCH RESOURCES

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

HR 2660 RH 

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

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

3 recipients of the general research support grants program 

4 any amount for indirect expenses in connection with such 

5 grants. 

6 NATIONAL CENTER FOR COMPLEMENTARY AND

7 ALTERNATIVE MEDICINE

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

10 alternative medicine, $116,202,000. 

11 NATIONAL CENTER ON MINORITY HEALTH AND HEALTH

12 DISPARITIES

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

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

16 JOHN E. FOGARTY INTERNATIONAL CENTER

17 For carrying out the activities at the John E. 

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

19 NATIONAL LIBRARY OF MEDICINE

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

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

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

HR 2660 RH 

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

3 of Health. 

4 OFFICE OF THE DIRECTOR

5 (INCLUDING TRANSFER OF FUNDS)

6 For carrying out the responsibilities of the Office of 

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

8 Provided, That funding shall be available for the purchase 

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

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

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

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

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

18 authorized to collect third party payments for the cost of 

19 clinical services that are incurred in National Institutes 

20 of Health research facilities and that such payments shall 

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

23 the National Institutes of Health Management Fund shall 

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

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

HR 2660 RH 

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

2 the Public Health Service Act. 

3 BUILDINGS AND FACILITIES

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

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

6 National Institutes of Health, including the acquisition of 

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

9 SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES

10 ADMINISTRATION

11 SUBSTANCE ABUSE ANDMENTAL HEALTH SERVICES

12 For carrying out titles V and XIX of the Public 

13 Health Service Act with respect to substance abuse and 

14 mental health services, the Protection and Advocacy for 

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

16 the Public Health Service Act with respect to program 

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

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

19 made available from amounts available under section 241 

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

22 AGENCY FOR HEALTHCARE RESEARCH AND QUALITY

23 HEALTHCARE RESEARCH ANDQUALITY

24 For carrying out titles III and IX of the Public 

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

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

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1 tion Act fees, reimbursable and interagency agreements, 

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

3 and shall remain available until expended: Provided, That 

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

5 the Public Health Service Act shall not exceed 

6 $303,695,000. 

7 CENTERS FOR MEDICARE AND MEDICAID SERVICES

8 GRANTS TO STATES FOR MEDICAID

9 For carrying out, except as otherwise provided, titles 

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

11 to remain available until expended. 

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

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

14 quarter of fiscal year 2004 for unanticipated costs, in15 curred for the current fiscal year, such sums as may be 

16 necessary. 

17 For making payments to States or in the case of sec18 tion 1928 on behalf of States under title XIX of the Social 

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

20 $58,416,275,000, to remain available until expended. 

21 Payment under title XIX may be made for any quar22 ter with respect to a State plan or plan amendment in 

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

24 quarter and approved in that or any subsequent quarter. 
36

HR 2660 RH 

1 PAYMENTS TO HEALTH CARE TRUST FUNDS

2 For payment to the Federal Hospital Insurance and 

3 the Federal Supplementary Medical Insurance Trust 

4 Funds, as provided under section 1844 of the Social Secu5 rity Act, sections 103(c) and 111(d) of the Social Security 

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

7 248, and for administrative expenses incurred pursuant 

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

9 $95,084,100,000. 

10 PROGRAM MANAGEMENT

11 For carrying out, except as otherwise provided, titles 

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

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

14 the Clinical Laboratory Improvement Amendments of 

15 1988, not to exceed $2,698,025,000, to be transferred 

16 from the Federal Hospital Insurance and the Federal Sup17 plementary Medical Insurance Trust Funds, as authorized 

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

19 all funds collected in accordance with section 353 of the 

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

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

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

23 remain available until expended, and together with admin24 istrative fees collected relative to Medicare overpayment 

25 recovery activities, which shall remain available until ex26 pended: Provided, That all funds derived in accordance 
37

HR 2660 RH 

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

2 title XIII of the Public Health Service Act shall be cred3 ited to and available for carrying out the purposes of this 

4 appropriation: Provided further, That $65,000,000, to re5 main available until September 30, 2005, is for contract 

6 costs for CMS’ Systems Revitalization Plan: Provided fur7 ther, That $56,991,000, to remain available until Sep8 tember 30, 2005, is for contract costs for the Healthcare 

9 Integrated General Ledger Accounting System: Provided 

10 further, That $129,000,000 shall be for processing Medi11 care appeals: Provided further, That the Secretary of 

12 Health and Human Services is directed to collect fees in 

13 fiscal year 2004 from Medicare+Choice organizations 

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

15 and from eligible organizations with risk-sharing contracts 

16 under section 1876 of that Act pursuant to section 

17 1876(k)(4)(D) of that Act. 

18 HEALTH MAINTENANCE ORGANIZATION LOAN ANDLOAN

19 GUARANTEE FUND

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

21 1308 of the Public Health Service Act, any amounts re22 ceived by the Secretary in connection with loans and loan 

23 guarantees under title XIII of the Public Health Service 

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

25 payment of outstanding obligations. During fiscal year 
38

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1 2004, no commitments for direct loans or loan guarantees 

2 shall be made. 

3 ADMINISTRATION FOR CHILDREN AND FAMILIES

4 PAYMENTS TO STATES FOR CHILDSUPPORT

5 ENFORCEMENT ANDFAMILY SUPPORT PROGRAMS

6 For making payments to States or other non-Federal 

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

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

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

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

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

12 expended. 

13 For making payments to each State for carrying out 

14 the program of Aid to Families with Dependent Children 

15 under title IV–A of the Social Security Act before the ef16 fective date of the program of Temporary Assistance for 

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

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

19 amounts available to a State with respect to expenditures 

20 under such title IV–A in fiscal year 1997 under this ap21 propriation and under such title IV–A as amended by the 

22 Personal Responsibility and Work Opportunity Reconcili23 ation Act of 1996 shall not exceed the limitations under 

24 section 116(b) of such Act. 
39

HR 2660 RH 

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

2 payments to States or other non-Federal entities under 

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

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

5 the last 3 months of the current fiscal year for unantici6 pated costs, incurred for the current fiscal year, such sums 

7 as may be necessary. 

8 LOW-INCOME HOME ENERGY ASSISTANCE

9 For making payments under title XXVI of the Omni10 bus Budget Reconciliation Act of 1981, $1,700,000,000. 

11 For making payments under title XXVI of the Omni12 bus Budget Reconciliation Act of 1981, $100,000,000: 

13 Provided, That these funds are for the unanticipated home 

14 energy assistance needs of one or more States, as author15 ized by section 2604(e) of the Act, and notwithstanding 

16 the designation requirement of section 2602(e). 

17 REFUGEE ANDENTRANT ASSISTANCE

18 For necessary expenses for refugee and entrant as19 sistance activities authorized by title IV of the Immigra20 tion and Nationality Act and section 501 of the Refugee 

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

22 for carrying out section 462 of the Homeland Security Act 

23 of 2002 (Public Law 107–296), and for carrying out sec24 tion 5 of the Torture Victims Relief Act of 1998 (Public 

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

26 $10,000,000 shall be available to carry out the Trafficking 
40

HR 2660 RH 

1 Victims Protection Act of 2000 (Public Law 106–386, div. 

2 A): Provided, That funds appropriated under this heading 

3 pursuant to section 414(a) of the Immigration and Na4 tionality Act for fiscal year 2004 shall be available for the 

5 costs of assistance provided and other activities, to remain 

6 available through September 30, 2006. 

7 PAYMENTS TO STATES FOR THE CHILDCARE AND

8 DEVELOPMENT BLOCK GRANT

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

10 Omnibus Budget Reconciliation Act of 1981 (The Child 

11 Care and Development Block Grant Act of 1990), 

12 $2,099,729,000 shall be used to supplement, not supplant 

13 state general revenue funds for child care assistance for 

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

15 available for child care resource and referral and school16 aged child care activities, of which $1,000,000 shall be for 

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

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

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

20 reserved by the States for activities authorized under sec21 tion 658G, of which $100,000,000 shall be for activities 

22 that improve the quality of infant and toddler care: Pro23 vided further, That $9,864,000 shall be for use by the Sec24 retary for child care research, demonstration, and evalua25 tion activities. 
41

HR 2660 RH 

1 SOCIAL SERVICES BLOCK GRANT

2 For making grants to States pursuant to section 

3 2002 of the Social Security Act, $1,700,000,000: Pro4 vided, That notwithstanding subparagraph (B) of section 

5 404(d)(2) of such Act, the applicable percent specified 

6 under such subparagraph for a State to carry out State 

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

8 percent. 

9 DISABLED VOTER SERVICES

10 For necessary expenses to carry out programs as au11 thorized by the Help America Vote Act of 2002, 

12 $15,000,000, of which $13,000,000 shall be for payments 

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

14 $2,000,000 shall be for payments to States for disabled 

15 voters protection and advocacy systems. 

16 CHILDREN AND FAMILIES SERVICES PROGRAMS

17 For carrying out, except as otherwise provided, the 

18 Runaway and Homeless Youth Act, the Developmental 

19 Disabilities Assistance and Bill of Rights Act, the Head 

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

21 sections 310 and 316 of the Family Violence Prevention 

22 and Services Act, as amended, the Native American Pro23 grams Act of 1974, title II of Public Law 95–266 (adop24 tion opportunities), the Adoption and Safe Families Act 

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

26 of the Children’s Health Act of 2000, the Abandoned In-
42

HR 2660 RH 

1 fants Assistance Act of 1988, part B(1) of title IV and 

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

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

4 103–322; for making payments under the Community 

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

6 477(i) of the Social Security Act, and title IV of Public 

7 Law 105–285, and for necessary administrative expenses 

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

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

10 (24 U.S.C. ch. 9), the Omnibus Budget Reconciliation Act 

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

12 section 501 of the Refugee Education Assistance Act of 

13 1980, section 5 of the Torture Victims Relief Act of 1998 

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

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

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

17 $43,000,000, to remain available until September 30, 

18 2005, shall be for grants to States for adoption incentive 

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

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

21 made for adoptions completed before September 30, 2004; 

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

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

24 become available October 1, 2004 and remain available 

25 through September 30, 2005; and of which $577,562,000 
43

HR 2660 RH 

1 shall be for making payments under the Community Serv2 ices Block Grant Act: Provided, That not less than 

3 $7,250,000 shall be for section 680(3)(B) of the Commu4 nity Services Block Grant Act, as amended: Provided fur5 ther, That to the extent Community Services Block Grant 

6 funds are distributed as grant funds by a State to an eligi7 ble entity as provided under the Act, and have not been 

8 expended by such entity, they shall remain with such enti9 ty for carryover into the next fiscal year for expenditure 

10 by such entity consistent with program purposes: Provided 

11 further, That the Secretary shall establish procedures re12 garding the disposition of intangible property which per13 mits grant funds, or intangible assets acquired with funds 

14 authorized under section 680 of the Community Services 

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

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

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

18 with the original grant: Provided further, That funds ap19 propriated for section 680(a)(2) of the Community Serv20 ices Block Grant Act, as amended, shall be available for 

21 financing construction and rehabilitation and loans or in22 vestments in private business enterprises owned by com23 munity development corporations: Provided further, That 

24 $88,043,000 shall be for activities authorized by the Run25 away and Homeless Youth Act, notwithstanding the allo-
44

HR 2660 RH 

1 cation requirements of section 388(a) of such Act, of 

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

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

4 capital fund to provide grants to charitable organizations 

5 to emulate model social service programs and to encourage 

6 research on the best practices of social service organiza7 tions. 

8 PROMOTING SAFE ANDSTABLE FAMILIES

9 For carrying out section 436 of the Social Security 

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

11 PAYMENTS TO STATES FOR FOSTER CARE ANDADOPTION

12 ASSISTANCE

13 For making payments to States or other non-Federal 

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

15 $5,068,300,000. 

16 For making payments to States or other non-Federal 

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

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

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

20 payments to States or other non-Federal entities under 

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

22 current fiscal year for unanticipated costs, incurred for the 

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

HR 2660 RH 

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 RH 

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 ANDMEDICAL BENEFITS FOR

16 COMMISSIONEDOFFICERS

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 U.S. Public Health Service 

9 officers who are retired for age, disability, or length of 

10 service; payments to survivors of deceased officers; medical 

11 care to active duty and retired members and dependents 

12 and beneficiaries; and for payments to the Social Security 

13 Administration for military service credits; all of which 

14 payments are provided for by the Retirement Pay and 

15 Medical Benefits for Commissioned Officers account. 

16 PUBLIC HEALTH ANDSOCIAL SERVICES EMERGENCY

17 FUND

18 For expenses necessary to support activities related 

19 to countering potential biological, disease and chemical 

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

21 That this amount is distributed as follows: Centers for 

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

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

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

25 That at the discretion of the Secretary of Health and 

26 Human Services, these amounts may be transferred be-
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1 tween categories subject to normal reprogramming proce2 dures: Provided further, That employees of the Centers for 

3 Disease Control and Prevention or the Public Health Serv4 ice, both civilian and Commissioned Officers, detailed to 

5 States, municipalities, or other organizations under au6 thority of section 214 of the Public Health Service Act 

7 for purposes related to homeland security, shall be treated 

8 as non-Federal employees for reporting purposes only and 

9 shall not be included within any personnel ceiling applica10 ble to the Agency, Service, or the Department of Health 

11 and Human Services during the period of detail or assign12 ment. 

13 In addition, for activities to ensure a year-round in14 fluenza vaccine production capacity and the development 

15 and implementation of rapidly expandable influenza vac16 cine production technologies, $50,000,000, to remain 

17 available until expended. 

18 GENERAL PROVISIONS 

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

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

21 and representation expenses when specifically approved by 

22 the Secretary. 

23 SEC. 202. The Secretary shall make available through 

24 assignment not more than 60 employees of the Public 

25 Health Service to assist in child survival activities and to 
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1 work in AIDS programs through and with funds provided 

2 by the Agency for International Development, the United 

3 Nations International Children’s Emergency Fund or the 

4 World Health Organization. 

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

6 Act may be used to implement section 399F(b) of the Pub7 lic Health Service Act or section 1503 of the National In8 stitutes of Health Revitalization Act of 1993, Public Law 

9 103–43. 

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

11 for the National Institutes of Health, the Agency for 

12 Healthcare Research and Quality, and the Substance 

13 Abuse and Mental Health Services Administration shall 

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

15 or other extramural mechanism, at a rate in excess of Ex16 ecutive Level I. 

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

18 may be expended pursuant to section 241 of the Public 

19 Health Service Act, except for funds specifically provided 

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

21 by any office located in the Department of Health and 

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

23 submission of a report to the Committee on Appropria24 tions of the Senate and of the House detailing the planned 

25 uses of such funds. 
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1 SEC. 206. Notwithstanding section 241(a) of the 

2 Public Health Service Act, such portion as the Secretary 

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

4 amounts appropriated for programs authorized under said 

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

6 or by grants or contracts) of the implementation and effec7 tiveness of such programs. 

8 (TRANSFER OF FUNDS)

9 SEC. 207. Not to exceed 1 percent of any discre10 tionary funds (pursuant to the Balanced Budget and 

11 Emergency Deficit Control Act of 1985, as amended) 

12 which are appropriated for the current fiscal year for the 

13 Department of Health and Human Services in this Act 

14 may be transferred between appropriations, but no such 

15 appropriation shall be increased by more than 3 percent 

16 by any such transfer: Provided, That an appropriation 

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

18 to approval by the House and Senate Committees on Ap19 propriations: Provided further, That the Appropriations 

20 Committees of both Houses of Congress are notified at 

21 least 15 days in advance of any transfer. 

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

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

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

25 centers, and divisions from the total amounts identified 

26 by these two Directors as funding for research pertaining 
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1 to the human immunodeficiency virus: Provided, That the 

2 Congress is promptly notified of the transfer. 

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

4 for the National Institutes of Health, the amount for re5 search related to the human immunodeficiency virus, as 

6 jointly determined by the Director of the National Insti7 tutes of Health and the Director of the Office of AIDS 

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

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

10 Research shall transfer from such account amounts nec11 essary to carry out section 2353(d)(3) of the Public 

12 Health Service Act. 

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

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

15 Public Health Service Act unless the applicant for the 

16 award certifies to the Secretary that it encourages family 

17 participation in the decision of minors to seek family plan18 ning services and that it provides counseling to minors on 

19 how to resist attempts to coerce minors into engaging in 

20 sexual activities. 

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

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

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

24 Secretary denies participation in such program to an oth25 erwise eligible entity (including a Provider Sponsored Or-
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1 ganization) because the entity informs the Secretary that 

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

3 referrals for abortions: Provided, That the Secretary shall 

4 make appropriate prospective adjustments to the capita5 tion payment to such an entity (based on an actuarially 

6 sound estimate of the expected costs of providing the serv7 ice to such entity’s enrollees): Provided further, That noth8 ing in this section shall be construed to change the Medi9 care program’s coverage for such services and a 

10 Medicare+Choice organization described in this section 

11 shall be responsible for informing enrollees where to obtain 

12 information about all Medicare covered services. 

13 SEC. 212. Notwithstanding any other provision of 

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

15 Health Service Act shall be exempt from any State law 

16 requiring notification or the reporting of child abuse, child 

17 molestation, sexual abuse, rape, or incest.

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

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

20 to withhold substance abuse funding from a State pursu21 ant to section 1926 of the Public Health Service Act (42 

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

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

24 State will commit additional State funds, in accordance 

25 with subsection (b), to ensure compliance with State laws 
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1 prohibiting the sale of tobacco products to individuals 

2 under 18 years of age. 

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

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

5 State’s substance abuse block grant allocation for each 

6 percentage point by which the State misses the retailer 

7 compliance rate goal established by the Secretary of 

8 Health and Human Services under section 1926 of such 

9 Act. 

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

11 fiscal year 2004 for tobacco prevention programs and for 

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

13 level of such expenditures maintained by the State for fis14 cal year 2002, and adding to that level the additional 

15 funds for tobacco compliance activities required under 

16 subsection (a). The State is to submit a report to the Sec17 retary on all fiscal year 2003 State expenditures and all 

18 fiscal year 2004 obligations for tobacco prevention and 

19 compliance activities by program activity by July 31, 

20 2004. 

21 (d) The Secretary shall exercise discretion in enforc22 ing the timing of the State obligation of the additional 

23 funds required by the certification described in subsection 

24 (a) as late as July 31, 2004. 
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1 (e) None of the funds appropriated by this Act may 

2 be used to withhold substance abuse funding pursuant to 

3 section 1926 from a territory that receives less than 

4 $1,000,000. 

5 SEC. 214. In order for the Centers for Disease Con6 trol and Prevention to carry out international health ac7 tivities, including HIV/AIDS and other infectious disease, 

8 chronic and environmental disease, and other health ac9 tivities abroad during fiscal year 2004, the Secretary of 

10 Health and Human Services is authorized to provide such 

11 funds by advance or reimbursement to the Secretary of 

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

13 lease, alteration, renovation, and management of facilities 

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

15 of Health and Human Services. The Department of State 

16 shall cooperate fully with the Secretary of Health and 

17 Human Services to ensure that the Department of Health 

18 and Human Services has secure, safe, functional facilities 

19 that comply with applicable regulation governing location, 

20 setback, and other facilities requirements and serve the 

21 purposes established by this Act. The Secretary of Health 

22 and Human Services is authorized, in consultation with 

23 the Secretary of State, through grant or cooperative agree24 ment, to make available to public or nonprofit private in25 stitutions or agencies in participating foreign countries, 
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1 funds to acquire, lease, alter, or renovate facilities in those 

2 countries as necessary to conduct programs of assistance 

3 for international health activities, including activities re4 lating to HIV/AIDS and other infectious diseases, chronic 

5 and environmental diseases, and other health activities 

6 abroad. 

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

8 in section 214, in order for the Centers for Disease Con9 trol and Prevention to carry out international health ac10 tivities, including HIV/AIDS and other infectious disease, 

11 chronic and environmental disease, and other health ac12 tivities abroad during fiscal year 2004, the Secretary of 

13 Health and Human Services may exercise authority equiv14 alent to that available to the Secretary of State in section 

15 2(c) of the State Department Basic Authorities Act of 

16 1956 (22 U.S.C. 2669(c)). 

17 (b) The Secretary of Health and Human Services 

18 shall consult with the Secretary of State and relevant 

19 Chief of Mission to ensure that the authority provided in 

20 this section is excercised in a manner consistent with sec21 tion 207 of the Foreign Service Act of 1980 (22 U.S.C. 

22 3927) and other applicable statutes administered by the 

23 Department of State. 

24 SEC. 216. The Division of Federal Occupational 

25 Health may utilize personal services contracting to employ 
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1 professional management/administrative and occupational 

2 health professionals. 

3 SEC. 217. (a) CMS PROGRAM MANAGEMENT AC4 COUNT.—The amount otherwise provided by this Act for 

5 ‘‘Centers for Medicare and Medicaid Services—Program 

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

7 (B) MEDICARE CLAIMS PROCESSING FEE.—

8 (1) IN GENERAL.—Notwithstanding section 

9 1842(c)(4) of the Social Security Act, each claim 

10 submitted by an individual or entity furnishing items 

11 or services for which payment may be made under 

12 part A or part B of title XVIII of such Act is sub13 ject to a processing fee of $2.50 if the claim—

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

15 claim submitted by the same individual or enti16 ty; or 

17 (B) is a claim that cannot be processed 

18 and must be returned by the medicare claims 

19 processing contractor involved to the individual 

20 or entity for completion or correction. 

21 (2) DEDUCTION AND TRANSFER.—The Sec22 retary of Health and Human Services shall deduct 

23 any fees assessed pursuant to paragraph (1) against 

24 an individual or entity from amounts otherwise pay25 able from a trust fund under such title to such indi-
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1 vidual or entity, and shall transfer the amount so 

2 deducted from such trust fund to the Program Man3 agement account of the Centers for Medicare & 

4 Medicaid Services. 

5 (3) AVAILABILITY.—Fees collected under this 

6 subsection shall remain available until expended. 

7 Such fees shall be available for obligation in a fiscal 

8 year only in the amount specified in the appropria9 tion Act for such fiscal year. 

10 (4) WAIVER AUTHORITY.—The Secretary of 

11 Health and Human Services may provide for waiver 

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

13 cases of such compelling circumstances as the Sec14 retary may determine. 

15 (5) EXCLUSION OF FEES IN ALLOWABLE

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

17 pursuant to this subsection as an allowable item on 

18 a cost report under the Social Security Act. 

19 (6) EFFECTIVE DATE.—This subsection shall 

20 apply to claims referred to in paragraph (1) sub21 mitted on or after a date, specified by the Secretary 

22 of Health and Human Services, that is not later 

23 than 3 months after the date of the enactment of 

24 this Act. 
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1 SEC. 218. The amount appropriated in this Act for 

2 ‘‘Centers for Disease Control and Prevention—Disease 

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

4 $49,982,000, to be derived from the amounts made avail5 able for administrative and related information technology 

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

7 Disease Control and Prevention shall determine the alloca8 tion of the reduction among Agency activities, and shall 

9 submit to the Committees on Appropriations a report 

10 specifying the proposed allocation. 

11 TITLE III—DEPARTMENT OF EDUCATION 

12 EDUCATION FOR THE DISADVANTAGED

13 For carrying out title I of the Elementary and Sec14 ondary Education Act of 1965 (‘‘ESEA’’) and section 

15 418A of the Higher Education Act of 1965, 

16 $14,507,000,000, of which $6,943,199,000 shall become 

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

18 through September 30, 2005, and of which 

19 $7,383,301,000 shall become available on October 1, 

20 2004, and shall remain available through September 30, 

21 2005, for academic year 2004–2005: Provided, That 

22 $7,172,971,000 shall be available for basic grants under 

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

24 these funds shall be available to the Secretary of Edu25 cation on October 1, 2003, to obtain updated educational-
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1 agency-level census poverty data from the Bureau of the 

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

3 available for concentration grants under section 1124A: 

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

5 for targeted grants under section 1125: Provided further,

6 That $793,499,000 shall be available for education fi7 nance incentive grants under section 1125A: Provided fur8 ther, That $235,000,000 shall be available for comprehen9 sive school reform grants under part F of the ESEA: Pro10 vided further, That from the $9,500,000 available to carry 

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

12 to the Secretary of Education to provide technical assist13 ance to state and local educational agencies concerning 

14 part A of title I. 

15 IMPACT AID

16 For carrying out programs of financial assistance to 

17 federally affected schools authorized by title VIII of the 

18 Elementary and Secondary Education Act of 1965, 

19 $1,238,324,000, of which $1,073,000,000 shall be for 

20 basic support payments under section 8003(b), 

21 $50,668,000 shall be for payments for children with dis22 abilities under section 8003(d), $44,708,000 shall be for 

23 construction under section 8007 and shall remain avail24 able through September 30, 2005, $62,000,000 shall be 

25 for Federal property payments under section 8002, and 
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1 $7,948,000, to remain available until expended, shall be 

2 for facilities maintenance under section 8008. 

3 SCHOOL IMPROVEMENT PROGRAMS

4 For carrying out school improvement activities au5 thorized by titles II, part B of title IV, part A and subpart 

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

7 parts B and C of title VII of the Elementary and Sec8 ondary Education Act of 1965 (‘‘ESEA’’); the McKinney9 Vento Homeless Assistance Act; and the Civil Rights Act 

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

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

12 through September 30, 2005, and of which 

13 $1,435,000,000 shall become available on October 1, 

14 2004, and shall remain available through September 30, 

15 2005, for academic year 2004–2005: Provided, That 

16 $390,000,000 shall be for subpart l of part A of title VI 

17 of the ESEA: Provided further, That no funds appro18 priated under this heading may be used to carry out sec19 tion 5494 under the Elementary and Secondary Education 

20 Act. 

21 INDIAN EDUCATION

22 For expenses necessary to carry out, to the extent 

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

24 and Secondary Education Act of 1965, $121,573,000. 
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1 INNOVATION AND IMPROVEMENT

2 For carrying out activities authorized by part G of 

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

4 of title V, and section 1504 of the Elementary and Sec5 ondary Education Act of 1965, $807,959,000: Provided,

6 That $74,513,000 for continuing and new grants to dem7 onstrate effective approaches to comprehensive school re8 form shall become available on July 1, 2004, and remain 

9 available through September 30, 2005, and shall be allo10 cated and expended in the same manner as the funds pro11 vided under the Fund for the Improvement of Education 

12 for this purpose were allocated and expended in fiscal year 

13 2003: Provided further, That up to $1,500,000 of the 

14 funds provided under the Advanced Credentialling pro15 gram may be reserved by the Secretary to conduct an eval16 uation of the program. 

17 SAFE SCHOOLS AND CITIZENSHIP EDUCATION

18 For carrying out activities authorized by subpart 3 

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

20 3, and 10 of part D of title V of the Elementary and Sec21 ondary Education Act of 1965, $820,068,000, of which 

22 $138,949,000 shall become available on July 1, 2004 and 

23 remain available through September 30, 2005, and of 

24 which $330,000,000 shall become available on October 1, 

25 2004 and shall remain available through September 30, 
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1 2005 for academic year 2004–2005: Provided, That of the 

2 funds available to carry out subpart 3 of part C of title 

3 II, up to $12,000,000 may be used to carry out section 

4 2345: Provided further, That of the funds available for 

5 subpart 2 of part A of title IV, $4,968,000, to remain 

6 available until expended, shall be for the Project School 

7 Emergency Response to Violence program to provide edu8 cation-related services to local educational agencies in 

9 which the learning environment has been disrupted due 

10 to a violent or traumatic crisis. 

11 ENGLISH LANGUAGE ACQUISITION

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

13 $685,515,000, of which $560,543,000 shall become avail14 able on July 1, 2004, and shall remain available through 

15 September 30, 2005. 

16 SPECIAL EDUCATION

17 For carrying out the Individuals with Disabilities 

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

19 $5,690,762,000 shall become available for obligation on 

20 July 1, 2004, and shall remain available through Sep21 tember 30, 2005, and of which $5,072,000,000 shall be22 come available on October 1, 2004, and shall remain avail23 able through September 30, 2005, for academic year 

24 2004–2005: Provided, That $11,400,000 shall be for Re25 cording for the Blind and Dyslexic to support the develop-
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1 ment, production, and circulation of recorded educational 

2 materials: Provided further, That the amount for section 

3 611(c) of the Act shall be equal to the amount available 

4 for that section during fiscal year 2003 increased by the 

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

6 of the Act. 

7 REHABILITATION SERVICES AND DISABILITY RESEARCH

8 For carrying out, to the extent not otherwise pro9 vided, the Rehabilitation Act of 1973, the Assistive Tech10 nology Act of 1998, and the Helen Keller National Center 

11 Act, $2,999,165,000. 

12 SPECIAL INSTITUTIONS FOR PERSONS WITH

13 DISABILITIES

14 AMERICAN PRINTING HOUSE FOR THE BLIND

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

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

17 NATIONAL TECHNICAL INSTITUTE FOR THE DEAF

18 For the National Technical Institute for the Deaf 

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

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

21 $367,000 shall be for construction and shall remain avail22 able until expended: Provided, That from the total amount 

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

24 the endowment program as authorized under section 207. 
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1 GALLAUDET UNIVERSITY

2 For the Kendall Demonstration Elementary School, 

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

4 support of Gallaudet University under titles I and II of 

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

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

7 amount available, the University may at its discretion use 

8 funds for the endowment program as authorized under 

9 section 207. 

10 VOCATIONAL AND ADULT EDUCATION

11 For carrying out, to the extent not otherwise pro12 vided, the Carl D. Perkins Vocational and Applied Tech13 nology Education Act, and the Adult Education and Fam14 ily Literacy Act, and subpart 4 of part D of title V of 

15 the Elementary and Secondary Education Act of 1965, as 

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

17 become available on July 1, 2004 and shall remain avail18 able through September 30, 2005 and of which 

19 $791,000,000 shall become available on October 1, 2004 

20 and shall remain available through September 30, 2005: 

21 Provided, That of the amount provided for Adult Edu22 cation State Grants, $70,000,000 shall be made available 

23 for integrated English literacy and civics education serv24 ices to immigrants and other limited English proficient 

25 populations: Provided further, That of the amount re-
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1 served for integrated English literacy and civics education, 

2 notwithstanding section 211 of the Adult Education and 

3 Family Literacy Act, 65 percent shall be allocated to 

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

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

6 Immigration and Naturalization Service data for immi7 grants admitted for legal permanent residence for the 10 

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

9 experienced growth as measured by the average of the 3 

10 most recent years for which Immigration and Naturaliza11 tion Service data for immigrants admitted for legal perma12 nent residence are available, except that no State shall be 

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

14 That of the amounts made available for the Adult Edu15 cation and Family Literacy Act, $9,438,000 shall be for 

16 national leadership activities under section 243 and 

17 $6,517,000 shall be for the National Institute for Literacy 

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

19 shall be available to support the activities authorized 

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

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

22 for evaluation, technical assistance, school networking, 

23 peer review of applications, and program outreach activi24 ties and of which not less than 95 percent shall become 

25 available on July 1, 2004, and remain available through 
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1 September 30, 2005, for grants to local educational agen2 cies: Provided further, That funds made available to local 

3 educational agencies under this subpart shall be used only 

4 for activities related to establishing smaller learning com5 munities in high schools. 

6 STUDENT FINANCIAL ASSISTANCE

7 For carrying out subparts 1, 3 and 4 of part A, sec8 tion 428K, part C and part E of title IV of the Higher 

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

10 which shall remain available through September 30, 2005. 

11 The maximum Pell Grant for which a student shall 

12 be eligible during award year 2004–2005 shall be $4,050. 

13 STUDENT AID ADMINISTRATION

14 For Federal administrative expenses (in addition to 

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

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

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

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

19 HIGHER EDUCATION

20 For carrying out, to the extent not otherwise pro21 vided, section 121 and titles II, III, IV, V, VI, and VII 

22 of the Higher Education Act of 1965 (‘‘HEA’’), as amend23 ed, section 1543 of the Higher Education Amendments 

24 of 1992, title VIII of the Higher Education Amendments 

25 of 1998, section 117 of the Carl D. Perkins Vocational 
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1 and Technical Education Act, and the Mutual Educational 

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

3 which $2,000,000 for interest subsidies authorized by sec4 tion 121 of the HEA shall remain available until ex5 pended: Provided, That $9,935,000, to remain available 

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

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

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

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

10 $994,000 is for data collection and evaluation activities 

11 for programs under the HEA, including such activities 

12 needed to comply with the Government Performance and 

13 Results Act of 1993: Provided further, That notwith14 standing any other provision of law, funds made available 

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

16 102(b)(6) of the Mutual Educational and Cultural Ex17 change Act of 1961 may be used to support visits and 

18 study in foreign countries by individuals who are partici19 pating in advanced foreign language training and inter20 national studies in areas that are vital to United States 

21 national security and who plan to apply their language 

22 skills and knowledge of these countries in the fields of gov23 ernment, the professions, or international development: 

24 Provided further, That up to one percent of the funds re25 ferred to in the preceding proviso may be used for pro-
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1 gram evaluation, national outreach, and information dis2 semination activities. 

3 HOWARD UNIVERSITY

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

5 121 et seq.), $242,770,000, of which not less than 

6 $3,600,000 shall be for a matching endowment grant pur7 suant to the Howard University Endowment Act (Public 

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

9 COLLEGE HOUSING AND ACADEMIC FACILITIES LOANS

10 PROGRAM

11 For Federal administrative expenses authorized 

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

13 $774,000 to carry out activities related to existing facility 

14 loans entered into under the Higher Education Act of 

15 1965. 

16 HISTORICALLY BLACK COLLEGE AND UNIVERSITY

17 CAPITAL FINANCING PROGRAM ACCOUNT

18 The aggregate principal amount of outstanding bonds 

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

20 Higher Education Act of 1965, shall not exceed 

21 $357,000,000, and the cost, as defined in section 502 of 

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

23 not exceed zero. 

24 For administrative expenses to carry out the Histori25 cally Black College and University Capital Financing Pro-
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1 gram entered into pursuant to title III, part D of the 

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

3 INSTITUTE OF EDUCATION SCIENCES

4 For carrying out activities authorized by Public Law 

5 107–279, $500,599,000: Provided, That of the amount 

6 appropriated, $185,000,000 shall be available for obliga7 tion through September 30, 2005. 

8 DEPARTMENTAL MANAGEMENT

9 PROGRAM ADMINISTRATION

10 For carrying out, to the extent not otherwise pro11 vided, the Department of Education Organization Act, in12 cluding rental of conference rooms in the District of Co13 lumbia and hire of three passenger motor vehicles, 

14 $434,494,000, of which $13,644,000, to remain available 

15 until expended, shall be for building alterations and re16 lated expenses for the relocation of Department staff to 

17 Potomac Center Plaza in Washington, DC. 

18 OFFICE FOR CIVIL RIGHTS

19 For expenses necessary for the Office for Civil 

20 Rights, as authorized by section 203 of the Department 

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

22 OFFICE OF THE INSPECTOR GENERAL

23 For expenses necessary for the Office of the Inspector 

24 General, as authorized by section 212 of the Department 

25 of Education Organization Act, $48,137,000. 
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1 GENERAL PROVISIONS 

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

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

4 the purchase of equipment for such transportation) in 

5 order to overcome racial imbalance in any school or school 

6 system, or for the transportation of students or teachers 

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

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

9 school or school system. 

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

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

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

14 requiring special education, to the school offering such 

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

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

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

19 involving the reorganization of the grade structure of 

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

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

23 include the establishment of magnet schools. 
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1 SEC. 303. No funds appropriated under this Act may 

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

4 (TRANSFER OF FUNDS)

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

7 Emergency Deficit Control Act of 1985, as amended) 

8 which are appropriated for the Department of Education 

9 in this Act may be transferred between appropriations, but 

10 no such appropriation shall be increased by more than 3 

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

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

16 TITLE IV—RELATED AGENCIES 

17 ARMED FORCES RETIREMENT HOME

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

20 Retirement Home—Washington and the Armed Forces 

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

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

24 until expended for construction and renovation of the 

25 physical plants at the Armed Forces Retirement Home—
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1 Washington and the Armed Forces Retirement Home—

2 Gulfport. 

3 CORPORATION FOR NATIONAL AND COMMUNITY SERVICE

4 DOMESTIC VOLUNTEER SERVICE PROGRAMS, OPERATING

5 EXPENSES

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

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

10 available to the Corporation for National and Community 

11 Service in this Act for activities authorized by section 122 

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

13 Volunteer Service Act of 1973 shall be used to provide 

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

16 national poverty level. 

17 CORPORATION FOR PUBLIC BROADCASTING

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

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

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

23 the Corporation for Public Broadcasting by this Act shall 

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

25 of entertainment for Government officials or employees: 
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1 Provided further, That none of the funds contained in this 

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

3 program or activity from which any person is excluded, 

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

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

6 Of the amounts made available to the Corporation for 

7 Public Broadcasting for fiscal year 2004 by Public Law 

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

10 broadcasting, including costs related to transmission 

11 equipment and program production, development, and dis12 tribution, to be awarded as determinded by the Corpora13 tion in consultation with public radio and television licens14 ees or permittees, or their designated representatives; and 

15 up to $20,000,000 is available pursuant to section 

16 396(k)(10) of the Communications Act of 1934, as 

17 amended, for replacement and upgrade of the public tele18 vision interconnection system: Provided, That section 

19 396(k)(3) shall apply only to amounts remaining after al20 locations made herein. 

21 FEDERAL MEDIATION AND CONCILIATION SERVICE

22 SALARIES ANDEXPENSES

23 For expenses necessary for the Federal Mediation 

24 and Conciliation Service to carry out the functions vested 

25 in it by the Labor Management Relations Act, 1947 (29 
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1 U.S.C. 171–180, 182–183), including hire of passenger 

2 motor vehicles; for expenses necessary for the Labor-Man3 agement Cooperation Act of 1978 (29 U.S.C. 175a); and 

4 for expenses necessary for the Service to carry out the 

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

6 Public Law 95–454 (5 U.S.C. ch. 71), $43,385,000, in7 cluding $1,500,000, to remain available through Sep8 tember 30, 2005, for activities authorized by the Labor9 Management Cooperation Act of 1978 (29 U.S.C. 175a): 

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

11 charged, up to full-cost recovery, for special training ac12 tivities and other conflict resolution services and technical 

13 assistance, including those provided to foreign govern14 ments and international organizations, and for arbitration 

15 services shall be credited to and merged with this account, 

16 and shall remain available until expended: Provided fur17 ther, That fees for arbitration services shall be available 

18 only for education, training, and professional development 

19 of the agency workforce: Provided further, That the Direc20 tor of the Service is authorized to accept and use on behalf 

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

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

23 within the Director’s jurisdiction. 
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1 FEDERAL MINE SAFETY AND HEALTH REVIEW

2 COMMISSION

3 SALARIES ANDEXPENSES

4 For expenses necessary for the Federal Mine Safety 

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

6 $7,774,000. 

7 INSTITUTE OF MUSEUM AND LIBRARY SERVICES

8 For carrying out the Museum and Library Services 

9 Act of 1996, $238,126,000 to remain available until ex10 pended. 

11 MEDICARE PAYMENT ADVISORY COMMISSION

12 SALARIES ANDEXPENSES

13 For expenses necessary to carry out section 1805 of 

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

15 this appropriation from the Federal Hospital Insurance 

16 and the Federal Supplementary Medical Insurance Trust 

17 Funds. 

18 NATIONAL COMMISSION ON LIBRARIES AND

19 INFORMATION SCIENCE

20 SALARIES ANDEXPENSES

21 For necessary expenses for the National Commission 

22 on Libraries and Information Science, established by the 

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

24 $1,000,000. 
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1 NATIONAL COUNCIL ON DISABILITY

2 SALARIES ANDEXPENSES

3 For expenses necessary for the National Council on 

4 Disability as authorized by title IV of the Rehabilitation 

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

6 NATIONAL LABOR RELATIONS BOARD

7 SALARIES ANDEXPENSES

8 For expenses necessary for the National Labor Rela9 tions Board to carry out the functions vested in it by the 

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

11 U.S.C. 141–167), and other laws, $239,429,000: Pro12 vided, That no part of this appropriation shall be available 

13 to organize or assist in organizing agricultural laborers or 

14 used in connection with investigations, hearings, direc15 tives, or orders concerning bargaining units composed of 

16 agricultural laborers as referred to in section 2(3) of the 

17 Act of July 5, 1935 (29 U.S.C. 152), and as amended 

18 by the Labor-Management Relations Act, 1947, as amend19 ed, and as defined in section 3(f) of the Act of June 25, 

20 1938 (29 U.S.C. 203), and including in said definition em21 ployees engaged in the maintenance and operation of 

22 ditches, canals, reservoirs, and waterways when main23 tained or operated on a mutual, nonprofit basis and at 

24 least 95 percent of the water stored or supplied thereby 

25 is used for farming purposes. 
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1 NATIONAL MEDIATION BOARD

2 SALARIES ANDEXPENSES

3 For expenses necessary to carry out the provisions 

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

5 188), including emergency boards appointed by the Presi6 dent, $11,421,000. 

7 OCCUPATIONAL SAFETY AND HEALTH REVIEW

8 COMMISSION

9 SALARIES ANDEXPENSES

10 For expenses necessary for the Occupational Safety 

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

12 $10,115,000.

13 RAILROAD RETIREMENT BOARD

14 DUAL BENEFITS PAYMENTS ACCOUNT

15 For payment to the Dual Benefits Payments Ac16 count, authorized under section 15(d) of the Railroad Re17 tirement Act of 1974, $119,000,000, which shall include 

18 amounts becoming available in fiscal year 2004 pursuant 

19 to section 224(c)(1)(B) of Public Law 98–76; and in addi20 tion, an amount, not to exceed 2 percent of the amount 

21 provided herein, shall be available proportional to the 

22 amount by which the product of recipients and the average 

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

24 total amount provided herein shall be credited in 12 ap-
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1 proximately equal amounts on the first day of each month 

2 in the fiscal year. 

3 FEDERAL PAYMENTS TO THE RAILROAD RETIREMENT

4 ACCOUNTS

5 For payment to the accounts established in the 

6 Treasury for the payment of benefits under the Railroad 

7 Retirement Act for interest earned on unnegotiated 

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

9 30, 2005, which shall be the maximum amount available 

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

11 76. 

12 LIMITATION ON ADMINISTRATION

13 For necessary expenses for the Railroad Retirement 

14 Board for administration of the Railroad Retirement Act 

15 and the Railroad Unemployment Insurance Act, 

16 $101,300,000, to be derived in such amounts as deter17 mined by the Board from the railroad retirement accounts 

18 and from moneys credited to the railroad unemployment 

19 insurance administration fund. 

20 LIMITATION ON THE OFFICE OF INSPECTOR GENERAL

21 For expenses necessary for the Office of Inspector 

22 General for audit, investigatory and review activities, as 

23 authorized by the Inspector General Act of 1978, as 

24 amended, not more than $6,600,000, to be derived from 

25 the railroad retirement accounts and railroad unemploy26 ment insurance account: Provided, That none of the funds 
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1 made available in any other paragraph of this Act may 

2 be transferred to the Office; used to carry out any such 

3 transfer; used to provide any office space, equipment, of4 fice supplies, communications facilities or services, mainte5 nance services, or administrative services for the Office; 

6 used to pay any salary, benefit, or award for any personnel 

7 of the Office; used to pay any other operating expense of 

8 the Office; or used to reimburse the Office for any service 

9 provided, or expense incurred, by the Office. 

10 SOCIAL SECURITY ADMINISTRATION

11 PAYMENTS TO SOCIAL SECURITY TRUST FUNDS

12 For payment to the Federal Old-Age and Survivors 

13 Insurance and the Federal Disability Insurance trust 

14 funds, as provided under sections 201(m), 228(g), and 

15 1131(b)(2) of the Social Security Act, $21,658,000. 

16 SUPPLEMENTAL SECURITY INCOME PROGRAM

17 For carrying out titles XI and XVI of the Social Se18 curity Act, section 401 of Public Law 92–603, section 212 

19 of Public Law 93–66, as amended, and section 405 of 

20 Public Law 95–216, including payment to the Social Secu21 rity trust funds for administrative expenses incurred pur22 suant to section 201(g)(1) of the Social Security Act, 

23 $26,221,300,000, to remain available until expended: Pro24 vided, That any portion of the funds provided to a State 

25 in the current fiscal year and not obligated by the State 

26 during that year shall be returned to the Treasury. 
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1 For making, after June 15 of the current fiscal year, 

2 benefit payments to individuals under title XVI of the So3 cial Security Act, for unanticipated costs incurred for the 

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

5 For making benefit payments under title XVI of the 

6 Social Security Act for the first quarter of fiscal year 

7 2005, $12,590,000,000, to remain available until ex8 pended. 

9 LIMITATION ON ADMINISTRATIVE EXPENSES

10 For necessary expenses, including the hire of two pas11 senger motor vehicles, and not to exceed $15,000 for offi12 cial reception and representation expenses, not more than 

13 $8,241,800,000 may be expended, as authorized by sec14 tion 201(g)(1) of the Social Security Act, from any one 

15 or all of the trust funds referred to therein: Provided, That 

16 not less than $1,800,000 shall be for the Social Security 

17 Advisory Board: Provided further, That unobligated bal18 ances of funds provided under this paragraph at the end 

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

20 remain available until expended to invest in the Social Se21 curity Administration information technology and tele22 communications hardware and software infrastructure, in23 cluding related equipment and non-payroll administrative 

24 expenses associated solely with this information technology 

25 and telecommunications infrastructure: Provided further,

26 That reimbursement to the trust funds under this heading 
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1 for expenditures for official time for employees of the So2 cial Security Administration pursuant to section 7131 of 

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

4 services for labor organizations pursuant to policies, regu5 lations, or procedures referred to in section 7135(b) of 

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

7 with interest, from amounts in the general fund not other8 wise appropriated, as soon as possible after such expendi9 tures are made. 

10 In addition, $120,000,000 to be derived from admin11 istration fees in excess of $5.00 per supplementary pay12 ment collected pursuant to section 1616(d) of the Social 

13 Security Act or section 212(b)(3) of Public Law 93–66, 

14 which shall remain available until expended. To the extent 

15 that the amounts collected pursuant to such section 

16 1616(d) or 212(b)(3) in fiscal year 2004 exceed 

17 $120,000,000, the amounts shall be available in fiscal year 

18 2005 only to the extent provided in advance in appropria19 tions Acts. 

20 From funds previously appropriated for this purpose, 

21 any unobligated balances at the end of fiscal year 2003 

22 shall be available to continue Federal-State partnerships 

23 which will evaluate means to promote Medicare buy-in pro24 grams targeted to elderly and disabled individuals under 

25 titles XVIII and XIX of the Social Security Act. 
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1 OFFICE OF INSPECTOR GENERAL

2 (INCLUDING TRANSFER OF FUNDS)

3 For expenses necessary for the Office of Inspector 

4 General in carrying out the provisions of the Inspector 

5 General Act of 1978, as amended, $24,500,000, together 

6 with not to exceed $63,700,000, to be transferred and ex7 pended as authorized by section 201(g)(1) of the Social 

8 Security Act from the Federal Old-Age and Survivors In9 surance Trust Fund and the Federal Disability Insurance 

10 Trust Fund. 

11 In addition, an amount not to exceed 3 percent of 

12 the total provided in this appropriation may be transferred 

13 from the ‘‘Limitation on Administrative Expenses’’, Social 

14 Security Administration, to be merged with this account, 

15 to be available for the time and purposes for which this 

16 account is available: Provided, That notice of such trans17 fers shall be transmitted promptly to the Committees on 

18 Appropriations of the House and Senate. 

19 UNITED STATES INSTITUTE OF PEACE

20 OPERATING EXPENSES

21 For necessary expenses of the United States Institute 

22 of Peace as authorized in the United States Institute of 

23 Peace Act, $17,200,000. 

24 TITLE V—GENERAL PROVISIONS 

25 SEC. 501. The Secretaries of Labor, Health and 

26 Human Services, and Education are authorized to transfer 
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1 unexpended balances of prior appropriations to accounts 

2 corresponding to current appropriations provided in this 

3 Act: Provided, That such transferred balances are used for 

4 the same purpose, and for the same periods of time, for 

5 which they were originally appropriated. 

6 SEC. 502. No part of any appropriation contained in 

7 this Act shall remain available for obligation beyond the 

8 current fiscal year unless expressly so provided herein. 

9 SEC. 503. (a) No part of any appropriation contained 

10 in this Act shall be used, other than for normal and recog11 nized executive-legislative relationships, for publicity or 

12 propaganda purposes, for the preparation, distribution, or 

13 use of any kit, pamphlet, booklet, publication, radio, tele14 vision, or video presentation designed to support or defeat 

15 legislation pending before the Congress or any State legis16 lature, except in presentation to the Congress or any State 

17 legislature itself. 

18 (b) No part of any appropriation contained in this 

19 Act shall be used to pay the salary or expenses of any 

20 grant or contract recipient, or agent acting for such recipi21 ent, related to any activity designed to influence legislation 

22 or appropriations pending before the Congress or any 

23 State legislature. 

24 SEC. 504. The Secretaries of Labor and Education 

25 are authorized to make available not to exceed $28,000 
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1 and $20,000, respectively, from funds available for sala2 ries and expenses under titles I and III, respectively, for 

3 official reception and representation expenses; the Direc4 tor of the Federal Mediation and Conciliation Service is 

5 authorized to make available for official reception and rep6 resentation expenses not to exceed $5,000 from the funds 

7 available for ‘‘Salaries and expenses, Federal Mediation 

8 and Conciliation Service’’; and the Chairman of the Na9 tional Mediation Board is authorized to make available for 

10 official reception and representation expenses not to ex11 ceed $5,000 from funds available for ‘‘Salaries and ex12 penses, National Mediation Board’’. 

13 SEC. 505. Notwithstanding any other provision of 

14 this Act, no funds appropriated under this Act shall be 

15 used to carry out any program of distributing sterile nee16 dles or syringes for the hypodermic injection of any illegal 

17 drug. 

18 SEC. 506. (a) It is the sense of the Congress that, 

19 to the greatest extent practicable, all equipment and prod20 ucts purchased with funds made available in this Act 

21 should be American-made. 

22 (b) In providing financial assistance to, or entering 

23 into any contract with, any entity using funds made avail24 able in this Act, the head of each Federal agency, to the 

25 greatest extent practicable, shall provide to such entity a 
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1 notice describing the statement made in subsection (a) by 

2 the Congress. 

3 (c) If it has been finally determined by a court or 

4 Federal agency that any person intentionally affixed a 

5 label bearing a ‘‘Made in America’’ inscription, or any in6 scription with the same meaning, to any product sold in 

7 or shipped to the United States that is not made in the 

8 United States, the person shall be ineligible to receive any 

9 contract or subcontract made with funds made available 

10 in this Act, pursuant to the debarment, suspension, and 

11 ineligibility procedures described in sections 9.400 through 

12 9.409 of title 48, Code of Federal Regulations. 

13 SEC. 507. When issuing statements, press releases, 

14 requests for proposals, bid solicitations and other docu15 ments describing projects or programs funded in whole or 

16 in part with Federal money, all grantees receiving Federal 

17 funds included in this Act, including but not limited to 

18 State and local governments and recipients of Federal re19 search grants, shall clearly state: (1) the percentage of the 

20 total costs of the program or project which will be financed 

21 with Federal money; (2) the dollar amount of Federal 

22 funds for the project or program; and (3) percentage and 

23 dollar amount of the total costs of the project or program 

24 that will be financed by non-governmental sources. 
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1 SEC. 508. (a) None of the funds appropriated under 

2 this Act, and none of the funds in any trust fund to which 

3 funds are appropriated under this Act, shall be expended 

4 for any abortion. 

5 (b) None of the funds appropriated under this Act, 

6 and none of the funds in any trust fund to which funds 

7 are appropriated under this Act, shall be expended for 

8 health benefits coverage that includes coverage of abor9 tion. 

10 (c) The term ‘‘health benefits coverage’’ means the 

11 package of services covered by a managed care provider 

12 or organization pursuant to a contract or other arrange13 ment. 

14 SEC. 509. (a) The limitations established in the pre15 ceding section shall not apply to an abortion—

16 (1) if the pregnancy is the result of an act of 

17 rape or incest; or 

18 (2) in the case where a woman suffers from a 

19 physical disorder, physical injury, or physical illness, 

20 including a life-endangering physical condition 

21 caused by or arising from the pregnancy itself, that 

22 would, as certified by a physician, place the woman 

23 in danger of death unless an abortion is performed.

24 (b) Nothing in the preceding section shall be con25 strued as prohibiting the expenditure by a State, locality, 
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1 entity, or private person of State, local, or private funds 

2 (other than a State’s or locality’s contribution of Medicaid 

3 matching funds). 

4 (c) Nothing in the preceding section shall be con5 strued as restricting the ability of any managed care pro6 vider from offering abortion coverage or the ability of a 

7 State or locality to contract separately with such a pro8 vider for such coverage with State funds (other than a 

9 State’s or locality’s contribution of Medicaid matching 

10 funds). 

11 SEC. 510. (a) None of the funds made available in 

12 this Act may be used for—

13 (1) the creation of a human embryo or embryos 

14 for research purposes; or 

15 (2) research in which a human embryo or em16 bryos are destroyed, discarded, or knowingly sub17 jected to risk of injury or death greater than that 

18 allowed for research on fetuses in utero under 45 

19 CFR 46.208(a)(2) and section 498(b) of the Public 

20 Health Service Act (42 U.S.C. 289g(b)). 

21 (b) For purposes of this section, the term ‘‘human 

22 embryo or embryos’’ includes any organism, not protected 

23 as a human subject under 45 CFR 46 as of the date of 

24 the enactment of this Act, that is derived by fertilization, 
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1 parthenogenesis, cloning, or any other means from one or 

2 more human gametes or human diploid cells. 

3 SEC. 511. (a) None of the funds made available in 

4 this Act may be used for any activity that promotes the 

5 legalization of any drug or other substance included in 

6 schedule I of the schedules of controlled substances estab7 lished by section 202 of the Controlled Substances Act (21 

8 U.S.C. 812). 

9 (b) The limitation in subsection (a) shall not apply 

10 when there is significant medical evidence of a therapeutic 

11 advantage to the use of such drug or other substance or 

12 that federally sponsored clinical trials are being conducted 

13 to determine therapeutic advantage. 

14 SEC. 512. None of the funds made available in this 

15 Act may be obligated or expended to enter into or renew 

16 a contract with an entity if—

17 (1) such entity is otherwise a contractor with 

18 the United States and is subject to the requirement 

19 in section 4212(d) of title 38, United States Code, 

20 regarding submission of an annual report to the Sec21 retary of Labor concerning employment of certain 

22 veterans; and 

23 (2) such entity has not submitted a report as 

24 required by that section for the most recent year for 
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1 which such requirement was applicable to such enti2 ty. 

3 SEC. 513. None of the funds made available in this 

4 Act may be used to promulgate or adopt any final stand5 ard under section 1173(b) of the Social Security Act (42 

6 U.S.C. 1320d–2(b)) providing for, or providing for the as7 signment of, a unique health identifier for an individual 

8 (except in an individual’s capacity as an employer or a 

9 health care provider), until legislation is enacted specifi10 cally approving the standard. 

11 SEC. 514. None of the funds made available in this 

12 Act may be transferred to any department, agency, or in13 strumentality of the United States Government, except 

14 pursuant to a transfer made by, or transfer authority pro15 vided in, this Act or any other appropriation Act. 

16 SEC. 515. (a) The matter under the heading ‘‘De17 partment of Education—Education for the Disadvan18 taged’’ in division G of Public Law 108–7 is amended—

19 (1) by striking ‘‘$4,651,199,000’’ and inserting 

20 ‘‘$6,895,199,000’’; and 

21 (2) by striking ‘‘$9,027,301,000’’ and inserting 

22 ‘‘$6,783,301,000’’. 

23 (b) The amendments made by subsection (a) shall 

24 take effect on the date of the enactment of this Act. 
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1 SEC. 516. None of the funds made available by this 

2 Act to carry out the Library Services and Technology Act 

3 may be made available to any library covered by para4 graph (1) of section 224(f) of such Act (20 U.S.C. 

5 9134(f)), as amended by the Children’s Internet Protec6 tions Act, unless such library has made the certifications 

7 required by paragraph (4) of such section. 

8 SEC. 517. None of the funds made available by this 

9 Act to carry out part D of title II of the Elementary and 

10 Secondary Education Act of 1965 may be made available 

11 to any elementary or secondary school covered by para12 graph (1) of section 2441(a) of such Act (20 U.S.C. 

13 6777(a)), as amended by the Children’s Internet Protec14 tions Act and the No Child Left Behind Act, unless the 

15 local educational agency with responsibility for such cov16 ered school has made the certifications required by para17 graph (2) of such section. 

18 This Act may be cited as the ‘‘Departments of Labor, 

19 Health and Human Services, and Education, and Related 

20 Agencies Appropriations Act, 2004’’. 
Union Calendar No. 97

108TH CONGRESS 

1ST SESSION H. R. 2660

[Report No. 108–188] 

A BILL

Making appropriations for the Departments of 

Labor, Health and Human Services, and Education, and related agencies for the fiscal year ending September 30, 2004, and for other purposes. 

JULY 8, 2003

Committed to the Committee of the Whole House on 

the State of the Union and ordered to be printed