In the Senate of the United States,

September 10, 2003.

Resolved, That the bill from the House of Representatives (H.R. 2660) entitled ‘‘An Act making appropriations for

the Departments of Labor, Health and Human Services, and

Education, and related agencies for the fiscal year ending

September 30, 2004, and for other purposes.’’, do pass with

the following

AMENDMENT:

Strike out all after the enacting clause and insert:

1 That the following sums are appropriated, out of any

2 money in the Treasury not otherwise appropriated, for the

3 Departments of Labor, Health and Human Services, and

4 Education, and related agencies for the fiscal year ending

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

2 EMPLOYMENT AND TRAINING ADMINISTRATION

3 TRAINING AND EMPLOYMENT SERVICES

4 For necessary expenses of the Workforce Investment Act

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

6 vehicles, the construction, alteration, and repair of build7 ings and other facilities, and the purchase of real property

8 for training centers as authorized by the Workforce Invest9 ment Act of 1998; $2,652,588,000 plus reimbursements, of

10 which $1,631,407,000 is available for obligation for the pe11 riod July 1, 2004 through June 30, 2005; of which

12 $1,000,965,000 is available for obligation for the period

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

14 4 of the Workforce Investment Act of 1998; and of which

15 $20,216,000 is available for the period July 1, 2004 through

16 June 30, 2007 for necessary expenses of construction, reha17 bilitation, and acquisition of Job Corps centers: Provided,

18 That notwithstanding any other provision of law, of the

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

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

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

22 $1,155,152,000 shall be for activities described in section

23 132(a)(2)(B) of such Act: Provided further, That $9,039,000

24 shall be for carrying out section 172 of the Workforce Invest25 ment Act of 1998: Provided further, That, notwithstanding
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1 any other provision of law or related regulation,

2 $77,330,000 shall be for carrying out section 167 of the

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

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

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

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

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

8 housing under section 167 of the Workforce Investment Act

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

10 2003 through June 30, 2004 is hereby rescinded: Provided

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

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

13 housing organizations with grants expiring June 30, 2003

14 to carry out migrant and seasonal housing activities, in15 cluding permanent housing at the option of grantees, under

16 section 167 of the Workforce Investment Act of 1998: Pro17 vided further, That funds provided to carry out section

18 171(d) of the Workforce Investment Act of 1998 may be used

19 for demonstration projects that provide assistance to new

20 entrants in the workforce and incumbent workers: Provided

21 further, That no funds from any other appropriation shall

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

23 For necessary expenses of the Workforce Investment Act

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

25 vehicles, the construction, alteration, and repair of build-
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1 ings and other facilities, and the purchase of real property

2 for training centers as authorized by the Workforce Invest3 ment Act of 1998; $2,463,000,000 plus reimbursements, of

4 which $2,363,000,000 is available for obligation for the pe5 riod October 1, 2004 through June 30, 2005, and of which

6 $100,000,000 is available for the period October 1, 2004

7 through June 30, 2007, for necessary expenses of construc8 tion, rehabilitation, and acquisition of Job Corps centers.

9 For necessary expenses of the Workforce Investment Act

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

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

13 for training centers as authorized by the Workforce Invest14 ment Act of 1998, $25,000,000 may be used to carry out

15 activities described in section 132(a)(2)(B) of that Act (re16 lating to dislocated worker employment and training ac17 tivities and other activities for dislocated workers).

18 COMMUNITY SERVICE EMPLOYMENT FOR OLDER AMERICANS

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

20 1965, as amended, $442,306,000.

21 FEDERAL UNEMPLOYMENT BENEFITS AND ALLOWANCES

22 For payments during the current fiscal year of trade

23 adjustment benefit payments and allowances under part I;

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

25 and related State administrative expenses under part II of

26 chapter 2, title II of the Trade Act of 1974 (including the
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1 benefits and services described under sections 123(c)(2) and

2 151(b) and (c) of the Trade Adjustment Assistance Reform

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

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

5 the subsequent appropriation for payments for any period

6 subsequent to September 15 of the current year.

7 STATE UNEMPLOYMENT INSURANCE AND EMPLOYMENT

8 SERVICE OPERATIONS

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

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

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

12 payments to States which had independent retirement plans

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

14 which may be expended from the Employment Security Ad15 ministration Account in the Unemployment Trust Fund in16 cluding the cost of administering section 51 of the Internal

17 Revenue Code of 1986, as amended, section 7(d) of the Wag18 ner-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 by

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

23 502–504), and the sums available in the allocation for nec24 essary administrative expenses for carrying out 5 U.S.C.

25 8501–8523, shall be available for obligation by the States

26 through December 31, 2004, except that funds used for auto-
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1 mation acquisitions shall be available for obligation by the

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

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

4 which may be expended from said trust fund, shall be avail5 able for obligation for the period July 1, 2004 through June

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

7 as amended, including the cost of penalty mail authorized

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

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

10 extent that the Average Weekly Insured Unemployment

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

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

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

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

15 increment less than 100,000) from the Employment Secu16 rity Administration Account of the Unemployment Trust

17 Fund: Provided further, That funds appropriated in this

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

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

20 activities of the Federal-State unemployment insurance

21 programs, may be obligated in contracts, grants or agree22 ments with non-State entities: Provided further, That funds

23 appropriated under this Act for activities authorized under

24 the Wagner-Peyser Act, as amended, and title III of the So25 cial Security Act, may be used by the States to fund inte-
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1 grated Employment Service and Unemployment Insurance

2 automation efforts, notwithstanding cost allocation prin3 ciples prescribed under Office of Management and Budget

4 Circular A–87.

5 ADVANCES TO THE UNEMPLOYMENT TRUST FUND AND

6 OTHER FUNDS

7 For repayable advances to the Unemployment Trust

8 Fund as authorized by sections 905(d) and 1203 of the So9 cial Security Act, as amended, and to the Black Lung Dis10 ability Trust Fund as authorized by section 9501(c)(1) of

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

12 nonrepayable advances to the Unemployment Trust Fund

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

14 and to the ‘‘Federal unemployment benefits and allow15 ances’’ account, to remain available until September 30,

16 2005, $467,000,000.

17 In addition, for making repayable advances to the

18 Black Lung Disability Trust Fund in the current fiscal

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

20 Black Lung Disability Trust Fund in the current fiscal

21 year, such sums as may be necessary.

22 PROGRAM ADMINISTRATION

23 For expenses of administering employment and train24 ing programs, $115,824,000, including $2,393,000 to ad25 minister welfare-to-work grants, together with not to exceed

26 $63,137,000, which may be expended from the Employment
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1 Security Administration Account in the Unemployment

2 Trust Fund.

3 EMPLOYEE BENEFITS SECURITY ADMINISTRATION

4 SALARIES AND EXPENSES

5 For necessary expenses for the Employee Benefits Secu6 rity Administration, $121,316,000.

7 PENSION BENEFIT GUARANTY CORPORATION

8 PENSION BENEFIT GUARANTY CORPORATION FUND

9 The Pension Benefit Guaranty Corporation is author10 ized to make such expenditures, including financial assist11 ance authorized by section 104 of Public Law 96–364, with12 in limits of funds and borrowing authority available to

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

14 such contracts and commitments without regard to fiscal

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

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

18 including associated administrative expenses, through Sep19 tember 30, 2004 for such Corporation: Provided, That none

20 of the funds available to the Corporation for fiscal year

21 2004 shall be available for obligations for administrative

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

23 obligations in excess of such amount may be incurred after

24 approval by the Office of Management and Budget and the

25 Committees on Appropriations of the House and Senate.
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1 EMPLOYMENT STANDARDS ADMINISTRATION

2 SALARIES AND EXPENSES

3 For necessary expenses for the Employment Standards

4 Administration, including reimbursement to State, Federal,

5 and local agencies and their employees for inspection serv6 ices rendered, $390,045,000, together with $2,016,000 which

7 may be expended from the Special Fund in accordance with

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

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

10 shall be for the development of an alternative system for

11 the electronic submission of reports required to be filed

12 under the Labor-Management Reporting and Disclosure Act

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

14 information for each submission by whatever means, that

15 is indexed and easily searchable by the public via the Inter16 net: Provided further, That the Secretary of Labor is au17 thorized to accept, retain, and spend, until expended, in

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

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

20 with the terms of the Consent Judgment in Civil Action

21 No. 91–0027 of the United States District Court for the Dis22 trict of the Northern Mariana Islands (May 21, 1992): Pro23 vided further, That the Secretary of Labor is authorized to

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

25 and deposit in the Treasury fees for processing applications
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1 and issuing certificates under sections 11(d) and 14 of the

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

3 211(d) and 214) and for processing applications and

4 issuing registrations under title I of the Migrant and Sea5 sonal Agricultural Worker Protection Act (29 U.S.C. 1801

6 et seq.).

7 SPECIALBENEFITS

8 (INCLUDING TRANSFER OF FUNDS)

9 For the payment of compensation, benefits, and ex10 penses (except administrative expenses) accruing during the

11 current or any prior fiscal year authorized by title 5, chap12 ter 81 of the United States Code; continuation of benefits

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

14 in the Federal Security Agency Appropriation Act, 1947;

15 the Employees’ Compensation Commission Appropriation

16 Act, 1944; sections 4(c) and 5(f) of the War Claims Act

17 of 1948 (50 U.S.C. App. 2012); and 50 percent of the addi18 tional compensation and benefits required by section 10(h)

19 of the Longshore and Harbor Workers’ Compensation Act,

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

21 may be necessary to be charged to the subsequent year ap22 propriation for the payment of compensation and other ben23 efits for any period subsequent to August 15 of the current

24 year: Provided, That amounts appropriated may be used

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

26 Secretary of Labor to reimburse an employer, who is not
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1 the employer at the time of injury, for portions of the salary

2 of a reemployed, disabled beneficiary: Provided further,

3 That balances of reimbursements unobligated on September

4 30, 2003, shall remain available until expended for the pay5 ment of compensation, benefits, and expenses: Provided fur6 ther, That in addition there shall be transferred to this ap7 propriation from the Postal Service and from any other cor8 poration or instrumentality required under section 8147(c)

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

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

11 Secretary determines to be the cost of administration for

12 employees of such fair share entities through September 30,

13 2004: Provided further, That of those funds transferred to

14 this account from the fair share entities to pay the cost of

15 administration of the Federal Employees’ Compensation

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

17 as follows: (1) for enhancement and maintenance of auto18 mated data processing systems and telecommunications sys19 tems, $11,618,000; (2) for automated workload processing

20 operations, including document imaging, centralized mail

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

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

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

24 as miscellaneous receipts: Provided further, That the Sec25 retary may require that any person filing a notice of injury
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1 or a claim for benefits under chapter 81 of title 5, United

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

3 such notice and claim, such identifying information (in4 cluding Social Security account number) as such regula5 tions may prescribe.

6 SPECIALBENEFITS FOR DISABLED COALMINERS

7 For carrying out title IV of the Federal Mine Safety

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

9 275, (the ‘‘Act’’), $300,000,000, to remain available until

10 expended.

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

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

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

14 as may be necessary.

15 For making benefit payments under title IV of the first

16 quarter of fiscal year 2005, $88,000,000, to remain avail17 able until expended.

18 ADMINISTRATIVE EXPENSES, ENERGY EMPLOYEES

19 OCCUPATIONAL ILLNESS COMPENSATION FUND

20 (INCLUDING TRANSFER OF FUNDS)

21 For necessary expenses to administer the Energy Em22 ployees Occupational Illness Compensation Act,

23 $55,074,000, to remain available until expended: Provided,

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

25 executive agency with authority under the Energy Employ26 ees Occupational Illness Compensation Act, including with-
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1 in the Department of Labor, such sums as may be necessary

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

3 further, That the Secretary may require that any person

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

5 of such claim, such identifying information (including So6 cial Security account number) as may be prescribed.

7 BLACK LUNG DISABILITY TRUST FUND

8 (INCLUDING TRANSFER OF FUNDS)

9 Beginning in fiscal year 2004 and thereafter, such

10 sums as may be necessary from the Black Lung Disability

11 Trust Fund, to remain available until expended, for pay12 ment of all benefits authorized by section 9501(d)(1), (2),

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

14 amended; and interest on advances, as authorized by section

15 9501(c)(2) of that Act. In addition, the following amounts

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

17 expenses of operation and administration of the Black Lung

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

19 $32,004,000 for transfer to the Employment Standards Ad20 ministration, ‘‘Salaries and Expenses’’; $23,401,000 for

21 transfer to Departmental Management, ‘‘Salaries and Ex22 penses’’; $338,000 for transfer to Departmental Manage23 ment, ‘‘Office of Inspector General’’; and $356,000 for pay24 ments into miscellaneous receipts for the expenses of the De25 partment of the Treasury.
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1 OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION

2 SALARIES AND EXPENSES

3 For necessary expenses for the Occupational Safety

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

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

6 available for grants to States under section 23(g) of the Oc7 cupational Safety and Health Act (the ‘‘Act’’), which grants

8 shall be no less than 50 percent of the costs of State occupa9 tional safety and health programs required to be incurred

10 under plans approved by the Secretary under section 18

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

12 3302, the Occupational Safety and Health Administration

13 may retain up to $750,000 per fiscal year of training insti14 tute course tuition fees, otherwise authorized by law to be

15 collected, and may utilize such sums for occupational safety

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

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

18 authorized, during the fiscal year ending September 30,

19 2004, to collect and retain fees for services provided to Na20 tionally Recognized Testing Laboratories, and may utilize

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

22 9a, to administer national and international laboratory

23 recognition programs that ensure the safety of equipment

24 and products used by workers in the workplace: Provided

25 further, That none of the funds appropriated under this
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1 paragraph shall be obligated or expended to prescribe, issue,

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

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

4 is engaged in a farming operation which does not maintain

5 a temporary labor camp and employs 10 or fewer employ6 ees: Provided further, That no funds appropriated under

7 this paragraph shall be obligated or expended to administer

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

9 the Act with respect to any employer of 10 or fewer employ10 ees who is included within a category having an occupa11 tional injury lost workday case rate, at the most precise

12 Standard Industrial Classification Code for which such

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

14 such rates are most recently published by the Secretary, act15 ing through the Bureau of Labor Statistics, in accordance

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

17 (1) to provide, as authorized by such Act, con18 sultation, technical assistance, educational and train19 ing services, and to conduct surveys and studies;

20 (2) to conduct an inspection or investigation in

21 response to an employee complaint, to issue a citation

22 for violations found during such inspection, and to

23 assess a penalty for violations which are not corrected

24 within a reasonable abatement period and for any

25 willful violations found;
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1 (3) to take any action authorized by such Act

2 with respect to imminent dangers;

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

4 with respect to health hazards;

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

6 with respect to a report of an employment accident

7 which is fatal to one or more employees or which re8 sults in hospitalization of two or more employees, and

9 to take any action pursuant to such investigation au10 thorized by such Act; and

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

12 with respect to complaints of discrimination against

13 employees for exercising rights under such Act:

14 Provided further, That the foregoing proviso shall not apply

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

16 does not maintain a temporary labor camp and employs

17 10 or fewer employees: Provided further, That not less than

18 $3,200,000 shall be used to extend funding for the Institu19 tional Competency Building training grants which com20 menced in September 2000, for program activities for the

21 period of September 30, 2003 to September 30, 2004, pro22 vided that a grantee has demonstrated satisfactory perform23 ance.
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1 MINE SAFETY AND HEALTH ADMINISTRATION

2 SALARIES AND EXPENSES

3 For necessary expenses for the Mine Safety and Health

4 Administration, $270,711,000, including purchase and be5 stowal of certificates and trophies in connection with mine

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

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

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

9 be collected by the National Mine Health and Safety Acad10 emy for room, board, tuition, and the sale of training mate11 rials, otherwise authorized by law to be collected, to be

12 available for mine safety and health education and training

13 activities, notwithstanding 31 U.S.C. 3302; and, in addi14 tion, the Mine Safety and Health Administration may re15 tain up to $1,000,000 from fees collected for the approval

16 and certification of equipment, materials, and explosives for

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

18 the Secretary is authorized to accept lands, buildings,

19 equipment, and other contributions from public and private

20 sources and to prosecute projects in cooperation with other

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

22 Health Administration is authorized to promote health and

23 safety education and training in the mining community

24 through cooperative programs with States, industry, and

25 safety associations; and any funds available to the depart-
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1 ment may be used, with the approval of the Secretary, to

2 provide for the costs of mine rescue and survival operations

3 in the event of a major disaster.

4 BUREAU OF LABOR STATISTICS

5 SALARIES AND EXPENSES

6 For necessary expenses for the Bureau of Labor Statis7 tics, including advances or reimbursements to State, Fed8 eral, and local agencies and their employees for services ren9 dered, $445,113,000, together with not to exceed

10 $75,110,000, which may be expended from the Employment

11 Security Administration Account in the Unemployment

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

13 mass layoff statistics program under section 15 of the Wag14 ner-Peyser Act (29 U.S.C. 49l–2).

15 OFFICE OF DISABILITY EMPLOYMENT POLICY

16 SALARIES AND EXPENSES

17 For necessary expenses for the Office of Disability Em18 ployment Policy to provide leadership, develop policy and

19 initiatives, and award grants furthering the objective of

20 eliminating barriers to the training and employment of

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

22 DEPARTMENTAL MANAGEMENT

23 SALARIES AND EXPENSES

24 For necessary expenses for Departmental Management,

25 including the hire of three sedans, and including the man-
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1 agement or operation, through contracts, grants or other ar2 rangements of Departmental activities conducted by or

3 through the Bureau of International Labor Affairs, includ4 ing bilateral and multilateral technical assistance and other

5 international labor activities, and $48,565,000, for the ac6 quisition of Departmental information technology, architec7 ture, infrastructure, equipment, software and related needs

8 which will be allocated by the Department’s Chief Informa9 tion Officer in accordance with the Department’s capital

10 investment management process to assure a sound invest11 ment strategy; $351,295,000; together with not to exceed

12 $314,000, which may be expended from the Employment

13 Security Administration Account in the Unemployment

14 Trust Fund: Provided, That no funds made available by

15 this Act may be used by the Solicitor of Labor to participate

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

17 decision made by the Benefits Review Board under section

18 21 of the Longshore and Harbor Workers’ Compensation Act

19 (33 U.S.C. 921) where such participation is precluded by

20 the decision of the United States Supreme Court in Direc21 tor, Office of Workers’ Compensation Programs v. Newport

22 News Shipbuilding, 115 S. Ct. 1278 (1995), notwith23 standing any provisions to the contrary contained in Rule

24 15 of the Federal Rules of Appellate Procedure: Provided

25 further, That no funds made available by this Act may be
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1 used by the Secretary of Labor to review a decision under

2 the Longshore and Harbor Workers’ Compensation Act (33

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

4 been pending before the Benefits Review Board for more

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

6 pending a review by the Benefits Review Board for more

7 than 1 year shall be considered affirmed by the Benefits

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

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

10 Board for purposes of obtaining a review in the United

11 States courts of appeals: Provided further, That these provi12 sions shall not be applicable to the review or appeal of any

13 decision issued under the Black Lung Benefits Act (30

14 U.S.C. 901 et seq.): Provided further, That of this amount,

15 sufficient funds shall be available for the Secretary of Labor,

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

17 may submit to Congress a report on the amount of acquisi18 tions made by the Department of Labor during such fiscal

19 year of articles, materials, or supplies that were manufac20 tured outside the United States. Such report shall sepa21 rately indicate the dollar value of any articles, materials,

22 or supplies purchased by the Department of Labor that were

23 manufactured outside the United States, an itemized list

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

25 et seq.) that were granted with respect to such articles, ma-
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1 terials, or supplies, and a summary of total procurement

2 funds spent on goods manufactured in the United States

3 versus funds spent on goods manufactured outside of the

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

5 publicly available by posting the report on an Internet

6 website.

7 VETERANS EMPLOYMENT AND TRAINING

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

9 Employment Security Administration Account in the Un10 employment Trust Fund to carry out the provisions of 38

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

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

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

14 $2,000,000 is for the National Veterans’ Employment and

15 Training Services Institute. To carry out the Homeless Vet16 erans Reintegration Programs (38 U.S.C. 2021) and the

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

18 $26,550,000, of which $7,550,000 shall be available for obli19 gation for the period July 1, 2004 through June 30, 2005.

20 OFFICE OF INSPECTOR GENERAL

21 For salaries and expenses of the Office of Inspector

22 General in carrying out the provisions of the Inspector Gen23 eral Act of 1978, as amended, $59,291,000, together with

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

25 Employment Security Administration Account in the Un26 employment Trust Fund.
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1 WORKING CAPITALFUND

2 For the acquisition of a new core accounting system

3 for the Department of Labor, including hardware and soft4 ware infrastructure and the costs associated with imple5 mentation thereof, $9,700,000.

6 GENERAL PROVISIONS

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

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

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

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

11 II.

12 (TRANSFER OF FUNDS)

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

14 funds (pursuant to the Balanced Budget and Emergency

15 Deficit Control Act of 1985, as amended) which are appro16 priated for the current fiscal year for the Department of

17 Labor in this Act may be transferred between appropria18 tions, but no such appropriation shall be increased by more

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

20 Appropriations Committees of both Houses of Congress are

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

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

23 13126, none of the funds appropriated or otherwise made

24 available pursuant to this Act shall be obligated or expended

25 for the procurement of goods mined, produced, manufac26 tured, or harvested or services rendered, whole or in part,
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1 by forced or indentured child labor in industries and host

2 countries already identified by the United States Depart3 ment of Labor prior to enactment of this Act.

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

5 sums as may be necessary to the Denali Commission

6 through the Department of Labor to conduct job training

7 of the local workforce where Denali Commission projects

8 will be constructed.

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

10 1999 under section 403(a)(5)(H)(i)(II) of the Social Secu11 rity Act (42 U.S.C. 603(a)(5)(H)(i)(II)) that were allotted

12 as welfare to work formula grants to the States under sec13 tion 403(a)(5)(A) of such Act (42 U.S.C. 603(a)(5)(A)),

14 $210,833,000 is hereby rescinded. In order to carry out this

15 section, the Secretary of Labor shall recapture unexpended

16 funds from the States that have received such allotments

17 based on the relative amount of funds from such allotments

18 that remain unexpended in each State as compared to the

19 total amount of funds from such allotments that remain un20 expended in all States as of September 30, 2003. The Sec21 retary of Labor is authorized to establish such procedures

22 as the Secretary determines are appropriate to carry out

23 this section.

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

25 shall be used to promulgate or implement any regulation
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1 that exempts from the requirements of section 7 of the Fair

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

3 who is not otherwise exempted pursuant to regulations

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

5 effect as of September 3, 2003.

6 SEC. 107. The Department of Labor may cease the im7 plementation of closing procedures for the Department of

8 Labor Employment and Training Administration regional

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

10 and Training Administration affiliate offices in Seattle,

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

12 until September 30, 2004.

13 SEC. 108. (a) FINDINGS.—Congress finds that—

14 (1) it is projected that the Department of Labor,

15 in conjunction with labor, industry, and the National

16 Institute for Occupational Safety and Health, will be

17 undertaking several months of testing on Personal

18 Dust Monitor production prototypes; and

19 (2) the testing of Personal Dust Monitor proto20 types is set to begin (by late May or early June of

21 2004) following the scheduled delivery of the Personal

22 Dust Monitors in May 2004.

23 (b) RE-PROPOSALOF RULE.—Following the successful

24 demonstration of Personal Dust Monitor technology, and if

25 the Secretary of Labor makes a determination that Personal
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1 Dust Monitors can be effectively applied in a regulatory

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

3 respirable coal dust which incorporates the use of Personal

4 Dust Monitors, and, if such rule is re-proposed, the Sec5 retary shall comply with the regular procedures applicable

6 to Federal rulemaking.

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

8 Appropriations Act, 2004’’.

9 TITLE II—DEPARTMENT OF HEALTH AND

10 HUMAN SERVICES

11 HEALTH RESOURCES AND SERVICES ADMINISTRATION

12 HEALTH RESOURCES AND SERVICES

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

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

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

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

17 1820 of the Social Security Act, the Health Care Quality

18 Improvement Act of 1986, as amended, the Native Hawai19 ian Health Care Act of 1988, as amended, the Cardiac Ar20 rest Survival Act of 2000, and the Poison Control Center

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

22 $39,740,000 from general revenues, notwithstanding section

23 1820(j) of the Social Security Act, shall be available for

24 carrying out the Medicare rural hospital flexibility grants

25 program under section 1820 of such Act: Provided, That
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HR 2660 EAS

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

2 shall be available until expended for facilities renovations

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

4 further, That in addition to fees authorized by section

5 427(b) of the Health Care Quality Improvement Act of

6 1986, fees shall be collected for the full disclosure of informa7 tion 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 Data

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

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

14 full costs of operating the program, and shall remain avail15 able until expended to carry out that Act: Provided further,

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

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

18 associated administrative expenses: Provided further, That

19 $10,000,000 is to establish a National Cord Blood Stem Cell

20 Bank Program: Provided further, That no more than

21 $45,000,000 is available for carrying out the provisions of

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

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

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

25 Act to provide for voluntary family planning projects: Pro-
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1 vided further, That amounts provided to said projects under

2 such title shall not be expended for abortions, that all preg3 nancy counseling shall be nondirective, and that such

4 amounts shall not be expended for any activity (including

5 the publication or distribution of literature) that in any

6 way tends to promote public support or opposition to any

7 legislative proposal or candidate for public office: Provided

8 further, That $739,000,000 shall be for State AIDS Drug

9 Assistance Programs authorized by section 2616 of the Pub10 lic Health Service Act: Provided further, That in addition

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

12 from amounts available under section 241 of the Public

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

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

15 2691 Special Projects of National Significance: Provided

16 further, That notwithstanding section 502(a)(1) of the So17 cial Security Act, not to exceed $116,381,000 is available

18 for carrying out special projects of regional and national

19 significance pursuant to section 501(a)(2) of such Act: Pro20 vided further, That $73,044,000 is available for special

21 projects of regional and national significance under section

22 501(a)(2) of the Social Security Act, which shall not be

23 counted toward compliance with the allocation required in

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

25 for making competitive grants to provide abstinence edu-
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1 cation (as defined in section 510(b)(2) of such Act) to ado2 lescents and for evaluations (including longitudinal evalua3 tions) of activities under the grants and for Federal costs

4 of administering the grants: Provided further, That grants

5 under the immediately preceding proviso shall be made only

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

7 to an adolescent to whom the entities provide abstinence

8 education under such grant, the entities will not provide

9 to that adolescent any other education regarding sexual con10 duct, except that, in the case of an entity expressly required

11 by law to provide health information or services the adoles12 cent shall not be precluded from seeking health information

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

14 setting in which the abstinence education was provided:

15 Provided further, That the funds expended for such evalua16 tions may not exceed 3.5 percent of such amount: Provided

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

18 carry out the rural emergency medical service training and

19 equipment assistance program under section 330J of the

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

21 HEALTH EDUCATION ASSISTANCE LOANS PROGRAM

22 ACCOUNT

23 Such sums as may be necessary to carry out the pur24 pose of the program, as authorized by title VII of the Public

25 Health Service Act, as amended. For administrative ex-
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1 penses to carry out the guaranteed loan program, including

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

3 VACCINE INJURY COMPENSATION PROGRAM TRUST FUND

4 For payments from the Vaccine Injury Compensation

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

6 claims associated with vaccine-related injury or death with

7 respect to vaccines administered after September 30, 1988,

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

9 Service Act, to remain available until expended: Provided,

10 That for necessary administrative expenses, not to exceed

11 $2,972,000 shall be available from the Trust Fund to the

12 Secretary of Health and Human Services.

13 CENTERS FOR DISEASE CONTROLAND PREVENTION

14 DISEASE CONTROL, RESEARCH, AND TRAINING

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

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

17 101, 102, 103, 201, 202, 203, 301, and 501 of the Federal

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

19 22 of the Occupational Safety and Health Act of 1970, title

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

21 of the Refugee Education Assistance Act of 1980; including

22 purchase and insurance of official motor vehicles in foreign

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

24 of aircraft, $4,432,496,000, of which $260,000,000 shall re25 main available until expended for equipment, and construc26 tion and renovation of facilities, and of which $232,569,000
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1 for international HIV/AIDS shall remain available until

2 September 30, 2005, including up to $90,000,000, to re3 main available until expended for the ‘‘International Moth4 er and Child HIV Prevention Initiative.’’ In addition, such

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

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

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

8 from amounts available under section 241 of the Public

9 Health Service Act to carry out the National Immunization

10 Surveys: Provided further, That in addition to amounts

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

12 amounts available under section 241 of the Public Health

13 Service Act to carry out the National Center for Health Sta14 tistics surveys: Provided further, That none of the funds

15 made available for injury prevention and control at the

16 Centers for Disease Control and Prevention may be used,

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

18 Provided further, That in addition to amounts provided

19 herein, $28,600,000 shall be available from amounts avail20 able under section 241 of the Public Health Service Act to

21 carry out information systems standards development and

22 architecture and applications-based research used at local

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

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

25 from amounts available under section 241 of the Public
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HR 2660 EAS

1 Health Service Act to carry out Research Tools and Ap2 proaches activities within the National Occupational Re3 search Agenda: Provided further, That the Director may re4 direct the total amount made available under authority of

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

6 to activities the Director may so designate: Provided fur7 ther, That the Congress is to be notified promptly of any

8 such transfer: Provided further, That not to exceed

9 $12,500,000 may be available for making grants under sec10 tion 1509 of the Public Health Service Act to not more than

11 15 States: Provided further, That without regard to existing

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

13 discretion of the Centers for Disease Control and Preven14 tion, with property acquisition, including a long-term

15 ground lease for construction on non-Federal land, to sup16 port the construction of a replacement laboratory in the

17 Fort Collins, Colorado area: Provided further, That not18 withstanding any other provision of law, a single contract

19 or related contracts for development and construction of fa20 cilities may be employed which collectively include the full

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

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

23 found at 48 CFR 52.232–18.
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1 NATIONAL INSTITUTES OF HEALTH

2 NATIONALCANCER INSTITUTE

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

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

5 NATIONALHEART, LUNG, AND BLOOD INSTITUTE

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

7 Health Service Act with respect to cardiovascular, lung,

8 and blood diseases, and blood and blood products,

9 $2,897,595,000.

10 NATIONALINSTITUTE OF DENTALAND CRANIOFACIAL

11 RESEARCH

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

13 Health Service Act with respect to dental disease,

14 $386,396,000.

15 NATIONALINSTITUTE OF DIABETES AND DIGESTIVE AND

16 KIDNEY DISEASES

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

18 Health Service Act with respect to diabetes and digestive

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

20 NATIONALINSTITUTE OF NEUROLOGICALDISORDERS AND

21 STROKE

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

23 Health Service Act with respect to neurological disorders

24 and stroke, $1,510,926,000.
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HR 2660 EAS

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 Public

5 Health Service Act with respect to allergy and infectious

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

7 be made available to International Assistance Programs,

8 ‘‘Global Fund to Fight HIV/AIDS, Malaria, and Tuber9 culosis’’, to remain available until expended.

10 NATIONALINSTITUTE OF GENERALMEDICALSCIENCES

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

12 Health Service Act with respect to general medical sciences,

13 $1,917,033,000.

14 NATIONAL INSTITUTE OF CHILD HEALTH AND HUMAN

15 DEVELOPMENT

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

17 Health Service Act with respect to child health and human

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

19 NATIONALEYE INSTITUTE

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

21 Health Service Act with respect to eye diseases and visual

22 disorders, $657,199,000.
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HR 2660 EAS

1 NATIONALINSTITUTE OF ENVIRONMENTALHEALTH

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, $637,074,000.

6 NATIONALINSTITUTE ON AGING

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

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

9 NATIONALINSTITUTE OF ARTHRITIS AND

10 MUSCULOSKELETAL AND SKIN DISEASES

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

12 Health Service Act with respect to arthritis and musculo13 skeletal and skin diseases, $505,000,000.

14 NATIONALINSTITUTE ON DEAFNESS AND OTHER

15 COMMUNICATION DISORDERS

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

17 Health Service Act with respect to deafness and other com18 munication disorders, $384,577,000.

19 NATIONALINSTITUTE OF NURSING RESEARCH

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

21 Health Service Act with respect to nursing research,

22 $135,579,000.
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1 NATIONALINSTITUTE ON ALCOHOLABUSE AND

2 ALCOHOLISM

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

4 Health Service Act with respect to alcohol abuse and alco5 holism, $431,521,000.

6 NATIONALINSTITUTE ON DRUG ABUSE

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

8 Health Service Act with respect to drug abuse,

9 $997,614,000.

10 NATIONALINSTITUTE OF MENTALHEALTH

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

12 Health Service Act with respect to mental health,

13 $1,391,114,000.

14 NATIONALHUMAN GENOME RESEARCH INSTITUTE

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

16 Health Service Act with respect to human genome research,

17 $482,372,000.

18 NATIONALINSTITUTE OF BIOMEDICALIMAGING AND

19 BIOENGINEERING

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

21 Health Service Act with respect to biomedical imaging and

22 bioengineering research, $289,300,000.

23 NATIONALCENTER FOR RESEARCH RESOURCES

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

25 Health Service Act with respect to research resources and

26 general research support grants, $1,186,483,000: Provided,
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HR 2660 EAS

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

2 of the general research support grants program any amount

3 for indirect expenses in connection with such grants: Pro4 vided further, That $119,220,000 shall be for extramural

5 facilities construction grants.

6 NATIONALCENTER FOR COMPLEMENTARY AND

7 ALTERNATIVE MEDICINE

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

9 Health Service Act with respect to complementary and al10 ternative medicine, $117,902,000.

11 NATIONAL CENTER ON MINORITY HEALTH AND HEALTH

12 DISPARITIES

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

14 Health Service Act with respect to minority health and

15 health disparities research, $192,824,000.

16 JOHN E. FOGARTY INTERNATIONALCENTER

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

18 International Center, $65,900,000.

19 NATIONALLIBRARY OF MEDICINE

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

21 Health Service Act with respect to health information com22 munications, $311,835,000, of which $4,000,000 shall be

23 available until expended for improvement of information

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

25 may enter into personal services contracts for the provision

26 of services in facilities owned, operated, or constructed
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HR 2660 EAS

1 under the jurisdiction of the National Institutes of Health:

2 Provided further, That in addition to amounts provided

3 herein, $8,200,000 shall be available from amounts avail4 able under section 241 of the Public Health Service Act to

5 carry out National Information Center on Health Services

6 Research and Health Care Technology and related health

7 services.

8 OFFICE OF THE DIRECTOR

9 (INCLUDING TRANSFER OF FUNDS)

10 For carrying out the responsibilities of the Office of

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

12 Provided, That funding shall be available for the purchase

13 of not to exceed 29 passenger motor vehicles for replacement

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

15 1 percent of the total amount made available in this or any

16 other Act to all National Institutes of Health appropria17 tions to activities the Director may so designate: Provided

18 further, That no such appropriation shall be decreased by

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

20 Congress is promptly notified of the transfer: Provided fur21 ther, That the National Institutes of Health is authorized

22 to collect third party payments for the cost of clinical serv23 ices that are incurred in National Institutes of Health re24 search facilities and that such payments shall be credited

25 to the National Institutes of Health Management Fund:

26 Provided further, That all funds credited to the National
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HR 2660 EAS

1 Institutes of Health Management Fund shall remain avail2 able for 1 fiscal year after the fiscal year in which they

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

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

5 Service Act.

6 BUILDINGS AND FACILITIES

7 (INCLUDING TRANSFER OF FUNDS)

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

9 acquisition of equipment for, facilities of or used by the Na10 tional Institutes of Health, including the acquisition of real

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

12 Provided, That notwithstanding any other provision of law,

13 single contracts or related contracts, which collectively in14 clude the full scope of the project, may be employed for the

15 development and construction of the first and second phases

16 of the John Edward Porter Neuroscience Research Center:

17 Provided further, That the solicitations and contracts shall

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

19 52.232–18.

20 SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES

21 ADMINISTRATION

22 SUBSTANCE ABUSE AND MENTALHEALTH SERVICES

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

24 Service Act with respect to substance abuse and mental

25 health services, the Protection and Advocacy for Mentally

26 Ill Individuals Act of 1986, and section 301 of the Public
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HR 2660 EAS

1 Health Service Act with respect to program management,

2 $3,157,540,000: Provided, That in addition to amounts pro3 vided herein, $79,200,000 shall be available from amounts

4 available under section 241 of the Public Health Service

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

6 Service Act to fund section 1935(b) technical assistance, na7 tional data, data collection and evaluation activities, and

8 further that the total available under this Act for section

9 1935(b) activities shall not exceed 5 percent of the amounts

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

11 That in addition to the amounts provided herein,

12 $21,850,000 shall be available from amounts available

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

14 out subpart I of Part B of title XIX of the Public Health

15 Service Act to fund section 1920(b) technical assistance,

16 data collection and program evaluation activities, and fur17 ther that the total available under this Act for section

18 1920(b) activities shall not exceed 5 percent of the amounts

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

20 further, That in addition to amounts provided herein,

21 $16,000,000 shall be made available from amounts avail22 able under section 241 of the Public Health Service Act to

23 carry out national surveys on drug abuse.
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HR 2660 EAS

1 AGENCY FOR HEALTHCARE RESEARCH AND QUALITY

2 HEALTHCARE RESEARCH AND QUALITY

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

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

5 Act, amounts received from Freedom of Information Act

6 fees, reimbursable and interagency agreements, and the sale

7 of data shall be credited to this appropriation and shall

8 remain available until expended: Provided, That the

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

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

11 CENTERS FOR MEDICARE AND MEDICAID SERVICES

12 GRANTS TO STATES FOR MEDICAID

13 For carrying out, except as otherwise provided, titles

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

15 to remain available until expended.

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

17 under title XIX of the Social Security Act for the last quar18 ter of fiscal year 2004 for unanticipated costs, incurred for

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

20 For making payments to States or in the case of sec21 tion 1928 on behalf of States under title XIX of the Social

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

23 $58,416,275,000, to remain available until expended.

24 Payment under title XIX may be made for any quarter

25 with respect to a State plan or plan amendment in effect
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HR 2660 EAS

1 during such quarter, if submitted in or prior to such quar2 ter and approved in that or any subsequent quarter.

3 PAYMENTS TO HEALTH CARE TRUST FUNDS

4 For payment to the Federal Hospital Insurance and

5 the Federal Supplementary Medical Insurance Trust

6 Funds, as provided under section 1844 of the Social Secu7 rity Act, sections 103(c) and 111(d) of the Social Security

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

9 and for administrative expenses incurred pursuant to sec10 tion 201(g) of the Social Security Act, $95,084,100,000.

11 PROGRAM MANAGEMENT

12 For carrying out, except as otherwise provided, titles

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

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

15 Clinical Laboratory Improvement Amendments of 1988, not

16 to exceed $2,707,603,000, to be transferred from the Federal

17 Hospital Insurance and the Federal Supplementary Med18 ical Insurance Trust Funds, as authorized by section 201(g)

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

20 in accordance with section 353 of the Public Health Service

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

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

23 the sale of data, which shall remain available until ex24 pended, and together with administrative fees collected rel25 ative to Medicare overpayment recovery activities, which

26 shall remain available until expended: Provided, That all
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1 funds derived in accordance with 31 U.S.C. 9701 from or2 ganizations established under title XIII of the Public Health

3 Service Act shall be credited to and available for carrying

4 out the purposes of this appropriation: Provided further,

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

6 2005, is for contract costs for CMS’s Systems Revitalization

7 Plan: Provided further, That $56,991,000, to remain avail8 able until September 30, 2005, is for contract costs for the

9 Healthcare Integrated General Ledger Accounting System:

10 Provided further, That the Secretary of Health and Human

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

12 Medicare∂Choice organizations pursuant to section

13 1857(e)(2) of the Social Security Act and from eligible orga14 nizations with risk-sharing contracts under section 1876 of

15 that Act pursuant to section 1876(k)(4)(D) of that Act: Pro16 vided further, that to the extent Medicare claims processing

17 unit costs are projected by the Centers for Medicare & Med18 icaid Services to exceed $0.87 for Part A claims and/or

19 $0.65 for Part B claims, up to an additional $18,000,000

20 may be available for obligation for every $0.04 increase in

21 Medicare claims processing unit costs from the Federal Hos22 pital Insurance and the Federal Supplementary Medical

23 Insurance Trust Funds. The calculation of projected unit

24 costs shall be derived in the same manner in which the esti-
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HR 2660 EAS

1 mated unit costs were calculated for the Federal budget esti2 mate for the fiscal year

3 HEALTH MAINTENANCE ORGANIZATION LOAN AND LOAN

4 GUARANTEE FUND

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

6 1308 of the Public Health Service Act, any amounts re7 ceived by the Secretary in connection with loans and loan

8 guarantees under title XIII of the Public Health Service

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

10 payment of outstanding obligations. During fiscal year

11 2004, no commitments for direct loans or loan guarantees

12 shall be made.

13 ADMINISTRATION FOR CHILDREN AND FAMILIES

14 PAYMENTS TO STATES FOR CHILD SUPPORT ENFORCEMENT

15 AND FAMILY SUPPORT PROGRAMS

16 For making payments to States or other non-Federal

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

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

19 ch. 9), $3,292,270,000, to remain available until expended;

20 and for such purposes for the first quarter of fiscal year

21 2005, $1,200,000,000, to remain available until expended.

22 For making payments to each State for carrying out

23 the program of Aid to Families with Dependent Children

24 under title IV–A of the Social Security Act before the effec25 tive date of the program of Temporary Assistance for Needy

26 Families (TANF) with respect to such State, such sums as
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HR 2660 EAS

1 may be necessary: Provided, That the sum of the amounts

2 available to a State with respect to expenditures under such

3 title IV–A in fiscal year 1997 under this appropriation and

4 under such title IV–A as amended by the Personal Respon5 sibility and Work Opportunity Reconciliation Act of 1996

6 shall not exceed the limitations under section 116(b) of such

7 Act.

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

9 payments to States or other non-Federal entities under ti10 tles I, IV–D, X, XI, XIV, and XVI of the Social Security

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

12 last 3 months of the current fiscal year for unanticipated

13 costs, incurred for the current fiscal year, such sums as may

14 be necessary.

15 LOW INCOME HOME ENERGY ASSISTANCE

16 For making payments under title XXVI of the Omni17 bus Budget Reconciliation Act of 1981, $2,000,000,000.

18 REFUGEE AND ENTRANT ASSISTANCE

19 For making payments for refugee and entrant assist20 ance activities authorized by title IV of the Immigration

21 and Nationality Act and section 501 of the Refugee Edu22 cation Assistance Act of 1980 (Public Law 96–422),

23 $383,894,000: Provided, That funds appropriated pursuant

24 to section 414(a) of the Immigration and Nationality Act

25 for fiscal year 2004 shall be available for the costs of assist26 ance provided and other activities through September 30,
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HR 2660 EAS

1 2006: Provided further, That up to $9,935,000 is available

2 to carry out the Trafficking Victims Protection Act of 2000.

3 For carrying out section 5 of the Torture Victims Re4 lief Act of 1998 (Public Law 105–320), $9,935,000. For car5 rying out section 462 of the Homeland Security Act of 2002,

6 (Public Law 107–296), $34,227,000.

7 PAYMENTS TO STATES FOR THE CHILD CARE 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 re20 served by the States for activities authorized under section

21 658G, of which $100,000,000 shall be for activities that im22 prove the quality of infant and toddler care: Provided fur23 ther, That $10,000,000 shall be for use by the Secretary for

24 child care research, demonstration, and evaluation activi25 ties.
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1 SOCIALSERVICES BLOCK GRANT

2 For making grants to States pursuant to section 2002

3 of the Social Security Act, $1,700,000,000.

4 CHILDREN AND FAMILIES SERVICES PROGRAMS

5 For carrying out, except as otherwise provided, the

6 Runaway and Homeless Youth Act, the Developmental Dis7 abilities Assistance and Bill of Rights Act, the Head Start

8 Act, the Child Abuse Prevention and Treatment Act, sec9 tions 310 and 316 of the Family Violence Prevention and

10 Services Act, as amended, the Native American Programs

11 Act of 1974, title II of Public Law 95–266 (adoption oppor12 tunities), the Adoption and Safe Families Act of 1997 (Pub13 lic Law 105–89), sections 1201 and 1211 of the Children’s

14 Health Act of 2000, the Abandoned Infants Assistance Act

15 of 1988, sections 261 and 291 of the Help America Vote

16 Act of 2002, the Early Learning Opportunities Act, part

17 B(1) of title IV and sections 413, 429A, 1110, and 1115

18 of the Social Security Act, and sections 40155, 40211, and

19 40241 of Public Law 103–322; for making payments under

20 the Community Services Block Grant Act, sections 439(h),

21 473A, and 477(i) of the Social Security Act, and title IV

22 of Public Law 105–285, and for necessary administrative

23 expenses to carry out said Acts and titles I, IV, X, XI, XIV,

24 XVI, and XX of the Social Security Act, the Act of July

25 5, 1960 (24 U.S.C. ch. 9), the Omnibus Budget Reconcili26 ation Act of 1981, title IV of the Immigration and Nation-
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1 ality Act, section 501 of the Refugee Education Assistance

2 Act of 1980, section 5 of the Torture Victims Relief Act of

3 1998 (Public Law 105–320), sections 40155, 40211, and

4 40241 of Public Law 103–322, and section 126 and titles

5 IV and V of Public Law 100–485, $8,780,002,000, of which

6 $42,720,000, to remain available until September 30, 2005,

7 shall be for grants to States for adoption incentive pay8 ments, as authorized by section 473A of title IV of the Social

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

10 adoptions completed before September 30, 2004; of which

11 $6,815,570,000 shall be for making payments under the

12 Head Start Act, of which $1,400,000,000 shall become

13 available October 1, 2004 and remain available through

14 September 30, 2005; and of which $717,620,000 shall be for

15 making payments under the Community Services Block

16 Grant Act: Provided, That not less than $7,203,000 shall

17 be for section 680(3)(B) of the Community Services Block

18 Grant Act, as amended: Provided further, That in addition

19 to amounts provided herein, $6,000,000 shall be available

20 from amounts available under section 241 of the Public

21 Health Service Act to carry out the provisions of section

22 1110 of the Social Security Act: Provided further, That to

23 the extent Community Services Block Grant funds are dis24 tributed as grant funds by a State to an eligible entity as

25 provided under the Act, and have not been expended by such
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1 entity, they shall remain with such entity for carryover into

2 the next fiscal year for expenditure by such entity consistent

3 with program purposes: Provided further, That the Sec4 retary shall establish procedures regarding the disposition

5 of intangible property which permits grant funds, or intan6 gible assets acquired with funds authorized under section

7 680 of the Community Services Block Grant Act, as amend8 ed, to become the sole property of such grantees after a pe9 riod of not more than 12 years after the end of the grant

10 for purposes and uses consistent with the original grant:

11 Provided further, That funds appropriated for section

12 680(a)(2) of the Community Services Block Grant Act, as

13 amended, shall be available for financing construction and

14 rehabilitation and loans or investments in private business

15 enterprises owned by community development corporations:

16 Provided further, That $89,978,000 shall be for activities

17 authorized by the Runaway and Homeless Youth Act, not18 withstanding the allocation requirements of section 388(a)

19 of such Act, of which $40,505,000 is for the transitional

20 living program: Provided further, That $34,772,000 is for

21 a compassion capital fund to provide grants to charitable

22 organizations to emulate model social service programs and

23 to encourage research on the best practices of social service

24 organizations: Provided further, That $15,000,000 shall be

25 for activities authorized by the Help America Vote Act of
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1 2002, of which $10,000,000 shall be for payments to States

2 to promote disabled voter access, and of which $5,000,000

3 shall be for payments to States for disabled voters protection

4 and advocacy systems.

5 PROMOTING SAFE AND STABLE FAMILIES

6 For carrying out section 436 of the Social Security

7 Act, $305,000,000 and for section 437, $99,350,000.

8 PAYMENTS TO STATES FOR FOSTER CARE AND ADOPTION

9 ASSISTANCE

10 For making payments to States or other non-Federal

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

12 $5,068,300,000.

13 For making payments to States or other non-Federal

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

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

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

17 payments to States or other non-Federal entities under sec18 tion 474 of title IV–E, for the last 3 months of the current

19 fiscal year for unanticipated costs, incurred for the current

20 fiscal year, such sums as may be necessary.

21 ADMINISTRATION ON AGING

22 AGING SERVICES PROGRAMS

23 For carrying out, to the extent not otherwise provided,

24 the Older Americans Act of 1965, as amended, and section

25 398 of the Public Health Service Act, $1,360,193,000, of

26 which $5,500,000 shall be available for activities regarding
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1 medication management, screening, and education to pre2 vent incorrect medication and adverse drug reactions; and

3 of which $2,842,000 shall remain available until September

4 30, 2006, for the White House Conference on Aging.

5 OFFICE OF THE SECRETARY

6 GENERALDEPARTMENTALMANAGEMENT

7 For necessary expenses, not otherwise provided, for

8 general departmental management, including hire of six se9 dans, and for carrying out titles III, XVII, and XX of the

10 Public Health Service Act, and the United States-Mexico

11 Border Health Commission Act, $342,808,000, together

12 with $5,851,000 to be transferred and expended as author13 ized by section 201(g)(1) of the Social Security Act from

14 the Hospital Insurance Trust Fund and the Supplemental

15 Medical Insurance Trust Fund: Provided, That of the funds

16 made available under this heading for carrying out title

17 XX of the Public Health Service Act, $11,885,000 shall be

18 for activities specified under section 2003(b)(2), of which

19 $10,157,000 shall be for prevention service demonstration

20 grants under section 510(b)(2) of title V of the Social Secu21 rity Act, as amended, without application of the limitation

22 of section 2010(c) of said title XX: Provided further, That

23 of this amount, $50,000,000 is for minority AIDS preven24 tion and treatment activities; and $15,000,000 shall be for

25 an Information Technology Security and Innovation Fund
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1 for Department-wide activities involving cybersecurity, in2 formation technology security, and related innovation

3 projects, and $5,000,000 is to assist Afghanistan in the de4 velopment of maternal and child health clinics, consistent

5 with section 103(a)(4)(H) of the Afghanistan Freedom Sup6 port Act of 2002: Provided further, That of this amount,

7 $3,000,000 shall be made available to carry out section

8 340G of the Public Health Service Act (42 U.S.C. 256g)

9 (in addition to other amounts appropriated under this title

10 for such purpose): Provided further, That of this amount,

11 sufficient funds shall be available for the Secretary of

12 Health and Human Services, not later than 60 days after

13 the last day of the fiscal year, to submit to Congress a report

14 on the amount of acquisitions made by the Department of

15 Health and Human Services during such fiscal year of arti16 cles, materials, or supplies that were manufactured outside

17 the United States. Such report shall separately indicate the

18 dollar value of any articles, materials, or supplies pur19 chased by the Department of Health and Human Services

20 that were manufactured outside the United States, an

21 itemized list of all waivers under the Buy American Act

22 (41 U.S.C. 10a et seq.) that were granted with respect to

23 such articles, materials, or supplies, and a summary of

24 total procurement funds spent on goods manufactured in

25 the United States versus funds spent on goods manufactured
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1 outside of the United States. The Secretary of Health and

2 Human Services shall make the report publicly available

3 by posting the report on an Internet website.

4 OFFICE OF INSPECTOR GENERAL

5 For expenses necessary for the Office of Inspector Gen6 eral in carrying out the provisions of the Inspector General

7 Act of 1978, as amended, $39,497,000: Provided, That, of

8 such amount, necessary sums are available for providing

9 protective services to the Secretary and investigating non10 payment of child support cases for which non-payment is

11 a Federal offense under 18 U.S.C. 228.

12 OFFICE FOR CIVILRIGHTS

13 For expenses necessary for the Office for Civil Rights,

14 $30,936,000, together with not to exceed $3,314,000 to be

15 transferred and expended as authorized by section 201(g)(1)

16 of the Social Security Act from the Hospital Insurance

17 Trust Fund and the Supplemental Medical Insurance Trust

18 Fund.

19 POLICY RESEARCH

20 For carrying out, to the extent not otherwise provided,

21 research studies under section 1110 of the Social Security

22 Act and title III of the Public Health Service Act,

23 $23,499,000, which shall be available from amounts avail24 able under section 241 of the Public Health Service Act to

25 carry out national health or human services research and

26 evaluation activities: Provided, That the expenditure of any
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1 funds available under section 241 of the Public Health Serv2 ice Act are subject to the requirements of section 205 of this

3 Act.

4 RETIREMENT PAY AND MEDICALBENEFITS FOR

5 COMMISSIONED OFFICERS

6 For retirement pay and medical benefits of Public

7 Health Service Commissioned Officers as authorized by law,

8 for payments under the Retired Serviceman’s Family Pro9 tection Plan and Survivor Benefit Plan, for medical care

10 of dependents and retired personnel under the Dependents’

11 Medical Care Act (10 U.S.C. ch. 55 and 56), and for pay12 ments pursuant to section 229(b) of the Social Security Act

13 (42 U.S.C. 429(b)), such amounts as may be required dur14 ing the current fiscal year. The following are definitions

15 for the medical benefits of the Public Health Service Com16 missioned Officers that apply to 10 U.S.C. chapter 56, sec17 tion 1116(c). The source of funds for the monthly accrual

18 payments into the Department of Defense Medicare-Eligible

19 Retiree Health Care Fund shall be the Retirement Pay and

20 Medical Benefits for Commissioned Officers account. For

21 purposes of this Act, the term ‘‘pay of members’’ shall be

22 construed to be synonymous with retirement payments to

23 United States Public Health Service officers who are retired

24 for age, disability, or length of service; payments to sur25 vivors of deceased officers; medical care to active duty and

26 retired members and dependents and beneficiaries; and for
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1 payments to the Social Security Administration for mili2 tary service credits; all of which payments are provided for

3 by the Retirement Pay and Medical Benefits for Commis4 sioned Officers account.

5 PUBLIC HEALTH AND SOCIAL SERVICES EMERGENCY FUND

6 For expenses necessary to support activities related to

7 countering potential biological, disease and chemical threats

8 to civilian populations, $1,856,040,000: Provided, That this

9 amount is distributed as follows: Centers for Disease Con10 trol and Prevention, $1,116,156,000; Office of the Secretary,

11 $61,820,000; Health Resources and Services Administra12 tion, $578,064,000; and $100,000,000 shall be available

13 until expended for activities to ensure a year-round influ14 enza vaccine production capacity and the development and

15 implementation of rapidly expandable production tech16 nologies: Provided further, That at the discretion of the Sec17 retary, these amounts may be transferred between categories

18 subject to normal reprogramming procedures: Provided fur19 ther, That employees of the Centers for Disease Control and

20 Prevention or the Public Health Service, both civilian and

21 Commissioned Officers, detailed to States, municipalities or

22 other organizations under authority of section 214 of the

23 Public Health Service Act for purposes related to homeland

24 security, shall be treated as non-Federal employees for re25 porting purposes only and shall not be included within any

26 personnel ceiling applicable to the Agency, Service, or the
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1 Department of Health and Human Services during the pe2 riod of detail or assignment.

3 GENERAL PROVISIONS

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

5 available for not to exceed $50,000 for official reception and

6 representation expenses when specifically approved by the

7 Secretary.

8 SEC. 202. The Secretary shall make available through

9 assignment not more than 60 employees of the Public

10 Health Service to assist in child survival activities and to

11 work in AIDS programs through and with funds provided

12 by the Agency for International Development, the United

13 Nations International Children’s Emergency Fund or the

14 World Health Organization.

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

16 Act may be used to implement section 399F(b) of the Public

17 Health Service Act or section 1503 of the National Insti18 tutes of Health Revitalization Act of 1993, Public Law 103–

19 43.

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

21 for the National Institutes of Health, the Agency for

22 Healthcare Research and Quality, and the Substance Abuse

23 and Mental Health Services Administration shall be used

24 to pay the salary of an individual, through a grant or other
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1 extramural mechanism, at a rate in excess of Executive

2 Level I.

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

4 may be expended pursuant to section 241 of the Public

5 Health Service Act, except for funds specifically provided

6 for in this Act, or for other taps and assessments made by

7 any office located in the Department of Health and Human

8 Services, prior to the Secretary’s preparation and submis9 sion of a report to the Committee on Appropriations of the

10 Senate and of the House detailing the planned uses of such

11 funds.

12 SEC. 206. Notwithstanding section 241(a) of the Public

13 Health Service Act, such portion as the Secretary shall de14 termine, but not more than 2.2 percent, of any amounts

15 appropriated for programs authorized under said Act shall

16 be made available for the evaluation (directly, or by grants

17 or contracts) of the implementation and effectiveness of such

18 programs.

19 (TRANSFER OF FUNDS)

20 SEC. 207. Not to exceed 1 percent of any discretionary

21 funds (pursuant to the Balanced Budget and Emergency

22 Deficit Control Act of 1985, as amended) which are appro23 priated for the current fiscal year for the Department of

24 Health and Human Services in this or any other Act may

25 be transferred between appropriations, but no such appro26 priation shall be increased by more than 3 percent by any
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1 such transfer: Provided, That an appropriation may be in2 creased by up to an additional 2 percent subject to approval

3 by the House and Senate Committees on Appropriations:

4 Provided further, That the Appropriations Committees of

5 both Houses of Congress are notified at least 15 days in

6 advance of any transfer.

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

8 Health, jointly with the Director of the Office of AIDS Re9 search, may transfer up to 3 percent among institutes, cen10 ters, and divisions from the total amounts identified by

11 these two Directors as funding for research pertaining to

12 the human immunodeficiency virus: Provided, That the

13 Congress is promptly notified of the transfer.

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

15 for the National Institutes of Health, the amount for re16 search related to the human immunodeficiency virus, as

17 jointly determined by the Director of the National Institutes

18 of Health and the Director of the Office of AIDS Research,

19 shall be made available to the ‘‘Office of AIDS Research’’

20 account. The Director of the Office of AIDS Research shall

21 transfer from such account amounts necessary to carry out

22 section 2353(d)(3) of the Public Health Service Act.

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

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

25 Public Health Service Act unless the applicant for the
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1 award certifies to the Secretary that it encourages family

2 participation in the decision of minors to seek family plan3 ning services and that it provides counseling to minors on

4 how to resist attempts to coerce minors into engaging in

5 sexual activities.

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

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

8 used to carry out the Medicare+Choice program if the Sec9 retary denies participation in such program to an other10 wise eligible entity (including a Provider Sponsored Orga11 nization) because the entity informs the Secretary that it

12 will not provide, pay for, provide coverage of, or provide

13 referrals for abortions: Provided, That the Secretary shall

14 make appropriate prospective adjustments to the capitation

15 payment to such an entity (based on an actuarially sound

16 estimate of the expected costs of providing the service to such

17 entity’s enrollees): Provided further, That nothing in this

18 section shall be construed to change the Medicare program’s

19 coverage for such services and a Medicare+Choice organiza20 tion described in this section shall be responsible for inform21 ing enrollees where to obtain information about all Medi22 care covered services.

23 SEC. 212. Notwithstanding any other provision of law,

24 no provider of services under title X of the Public Health

25 Service Act shall be exempt from any State law requiring
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1 notification or the reporting of child abuse, child molesta2 tion, sexual abuse, rape, or incest.

3 SEC. 213. The Foreign Operations, Export Financing,

4 and Related Programs Appropriations Act, 1990 (Public

5 Law 101–167) is amended—

6 (1) in section 599D (8 U.S.C. 1157 note)—

7 (A) in subsection (b)(3), by striking ‘‘1997,

8 1998, 1999, 2000, 2001, 2002, and 2003’’ and

9 inserting ‘‘1997, 1998, 1999, 2000, 2001, 2002,

10 2003, and 2004’’; and

11 (B) in subsection (e), by striking ‘‘October

12 1, 2003’’ each place it appears and inserting

13 ‘‘October 1, 2004’’;

14 (C) in subsection (b)(1)—

15 (i) in subparagraph (A), by striking

16 ‘‘and’’ at the end;

17 (ii) in subparagraph (B), by striking

18 the period and inserting ‘‘; and’’; and

19 (iii) by adding at the end the fol20 lowing:

21 ‘‘(C) one or more categories of aliens who are or

22 were nationals and residents of the Islamic Republic

23 or Iran who, as members of a religious minority in

24 Iran, share common characteristics that identify them

25 as targets of persecution in that state on account of
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1 race, religion, nationality, membership in a par2 ticular social group, or political opinion.’’; and

3 (2) in section 599E (8 U.S.C. 1255 note) in sub4 section (b)(2), by striking ‘‘September 30, 2003’’ and

5 inserting ‘‘September 30, 2004’’.

6 SEC. 214. (a) Except as provided by subsection (e)

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

8 to withhold substance abuse funding from a State pursuant

9 to section 1926 of the Public Health Service Act (42 U.S.C.

10 300x–26) if such State certifies to the Secretary of Health

11 and Human Services by May 1, 2004 that the State will

12 commit additional State funds, in accordance with sub13 section (b), to ensure compliance with State laws prohib14 iting the sale of tobacco products to individuals under 18

15 years of age.

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

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

18 State’s substance abuse block grant allocation for each per19 centage point by which the State misses the retailer compli20 ance rate goal established by the Secretary of Health and

21 Human Services under section 1926 of such Act.

22 (c) The State is to maintain State expenditures in fis23 cal year 2004 for tobacco prevention programs and for com24 pliance activities at a level that is not less than the level

25 of such expenditures maintained by the State for fiscal year
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1 2003, and adding to that level the additional funds for to2 bacco compliance activities required under subsection (a).

3 The State is to submit a report to the Secretary on all fiscal

4 year 2003 State expenditures and all fiscal year 2004 obli5 gations for tobacco prevention and compliance activities by

6 program activity by July 31, 2004.

7 (d) The Secretary shall exercise discretion in enforcing

8 the timing of the State obligation of the additional funds

9 required by the certification described in subsection (a) as

10 late as July 31, 2004.

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

12 be used to withhold substance abuse funding pursuant to

13 section 1926 from a territory that receives less than

14 $1,000,000.

15 SEC. 215. In order for the Centers for Disease Control

16 and Prevention to carry out international health activities,

17 including HIV/AIDS and other infectious disease, chronic

18 and environmental disease, and other health activities

19 abroad during fiscal year 2004, the Secretary of Health and

20 Human Services—

21 (1) may exercise authority equivalent to that

22 available to the Secretary of State in section 2(c) of

23 the State Department Basic Authorities Act of 1956

24 (22 U.S.C. 2669(c)). The Secretary of Health and

25 Human Services shall consult with the Secretary of
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1 State and relevant Chief of Mission to ensure that the

2 authority provided in this section is exercised in a

3 manner consistent with section 207 of the Foreign

4 Service Act of 1980 (22 U.S.C. 3927) and other appli5 cable statutes administered by the Department of

6 State, and

7 (2) is authorized to provide such funds by ad8 vance or reimbursement to the Secretary of State as

9 may be necessary to pay the costs of acquisition,

10 lease, alteration, renovation, and management of fa11 cilities outside of the United States for the use of the

12 Department of Health and Human Services. The De13 partment of State shall cooperate fully with the Sec14 retary of Health and Human Services to ensure that

15 the Department of Health and Human Services has

16 secure, safe, functional facilities that comply with ap17 plicable regulation governing location, setback, and

18 other facilities requirements and serve the purposes

19 established by this Act. The Secretary of Health and

20 Human Services is authorized, in consultation with

21 the Secretary of State, through grant or cooperative

22 agreement, to make available to public or nonprofit

23 private institutions or agencies in participating for24 eign countries, funds to acquire, lease, alter, or ren25 ovate facilities in those countries as necessary to con-
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1 duct programs of assistance for international health

2 activities, including activities relating to HIV/AIDS

3 and other infectious diseases, chronic and environ4 mental diseases, and other health activities abroad.

5 SEC. 216. The Division of Federal Occupational

6 Health may utilize personal services contracting to employ

7 professional management/administrative and occupational

8 health professionals.

9 SEC. 217. Notwithstanding section 409B(c) of the Pub10 lic Health Service Act regarding a limitation on the num11 ber of such grants, funds appropriated in this Act may be

12 expended by the Director of the National Institutes of

13 Health to award Core Center Grants to encourage the devel14 opment of innovative multidisciplinary research and pro15 vide training concerning Parkinson’s disease. Each center

16 funded under such grants shall be designated as a Morris

17 K. Udall Center for Research on Parkinson’s Disease.

18 SEC. 218. None of the funds appropriated in this or

19 any other Act may be used to carry out or administer the

20 Department of Health and Human Services Human Re21 sources Consolidation plan.

22 SEC. 219. GAO STUDY AND REPORT ON THE PROPAGA23 TION OF CONCIERGE CARE. (a) STUDY.—

24 (1) IN GENERAL.—The Comptroller General of

25 the United States shall conduct a study on concierge
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1 care (as defined in paragraph (2)) to determine the

2 extent to which such care—

3 (A) is used by medicare beneficiaries (as de4 fined in section 1802(b)(5)(A) of the Social Secu5 rity Act (42 U.S.C. 1395a(b)(5)(A))); and

6 (B) has impacted upon the access of medi7 care beneficiaries (as so defined) to items and

8 services for which reimbursement is provided

9 under the medicare program under title XVIII of

10 the Social Security Act (42 U.S.C. 1395 et seq.).

11 (2) CONCIERGE CARE.—In this section, the term

12 ‘‘concierge care’’ means an arrangement under which,

13 as a prerequisite for the provision of a health care

14 item or service to an individual, a physician, practi15 tioner (as described in section 1842(b)(18)(C) of the

16 Social Security Act (42 U.S.C. 1395u(b)(18)(C))), or

17 other individual—

18 (A) charges a membership fee or another in19 cidental fee to an individual desiring to receive

20 the health care item or service from such physi21 cian, practitioner, or other individual; or

22 (B) requires the individual desiring to re23 ceive the health care item or service from such

24 physician, practitioner, or other individual to

25 purchase an item or service.
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1 (b) REPORT.—Not later than the date that is 18

2 months after the date of enactment of this Act, the Comp3 troller General of the United States shall submit to Congress

4 a report on the study conducted under subsection (a)(1) to5 gether with such recommendations for legislative or admin6 istrative action as the Comptroller General determines to

7 be appropriate.

8 SEC. 220. To demonstrate the appreciation that the

9 Senate has for, and to further encourage, the efforts of the

10 Director of the National Institutes of Health in imple11 menting the Pediatric Research Initiative under section

12 409D of the Public Health Service Act, it is the sense of

13 the Senate that—

14 (1) the Director should continue the Initiative

15 and emphasize the importance of pediatric research,

16 particularly translational research; and

17 (2) not later than January of 2004, the Director

18 should continue to report to the Committee on Health,

19 Education, Labor, and Pensions of the Senate, the

20 Committee on Energy and Commerce of the House of

21 Representatives, the Senate Committee on Appropria22 tions and the House Committee on Appropriations on

23 the status of the Pediatric Research Initiative,

24 including—
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1 (A) the extent of the total funds obligated to

2 conduct or support pediatric research across the

3 National Institutes of Health, including the spe4 cific support and research awards allocated by

5 the Office of the Director through the Initiative;

6 (B) the activities of the cross-institute com7 mittee on pediatric research in assisting the Di8 rector in considering requests for new or ex9 panded pediatric research to be funded through

10 the Initiative;

11 (C) how the Director plans to budget dollars

12 toward the Initiative for fiscal year 2004;

13 (D) the amount the Director has expended

14 to implement the Initiative since the enactment

15 of the Initiative;

16 (E) the status of any research conducted as

17 a result of the Initiative;

18 (F) whether that research is translational

19 research or clinical research;

20 (G) how the Initiative interfaces with the

21 Off-Patent research fund of the National Insti22 tutes of Health; and

23 (H) any recommended modifications that

24 Congress should consider in the authority or

25 structure of the Initiative within the National
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1 Institutes of Health for the optimal operation

2 and success of the Initiative.

3 SEC. 221. To provide funding for poison control cen4 ters under the Poison Control Enhancement and Awareness

5 Act (42 U.S.C. 14801 et seq.), there are appropriated a total

6 of $23,854,000, including amounts otherwise made avail7 able in this Act for such centers.

8 SEC. 222. In addition to any amounts otherwise ap9 propriated under this Act under the heading of ADMINIS10 TRATION ON AGING, there are appropriated an additional

11 $1,000,000: Provided, That in addition to the amounts al12 ready made available to carry out the ombudsman program

13 under chapter 2 of title VII of the Older Americans Act

14 of 1965 (42 U.S.C. 3058 et seq.), there are made available

15 an additional $1,000,000.

16 SEC. 223. In addition to any amounts otherwise ap17 propriated under this Act for programs and activities under

18 the Nurse Reinvestment Act (Public Law 107–205) and for

19 other nursing workforce development programs under title

20 VIII of the Public Health Service Act (42 U.S.C. 296 et

21 seq.), there are appropriated an additional $50,000,000 for

22 such programs and activities.

23 SEC. 224. Not later than 90 days after the date of en24 actment of this Act, the Director of the National Institutes
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1 of Health shall submit to the appropriate committees of

2 Congress a report that shall —

3 (1) contain the recommendations of the Director

4 concerning the role of the National Institutes of

5 Health in promoting the affordability of inventions

6 and products developed with Federal funds; and

7 (2) specify whether any circumstances exist to

8 prevent the Director from promoting the affordability

9 of inventions and products developed with Federal

10 funds.

11 SEC. 225. STUDIES CONCERNING MAMMOGRAPHY

12 STANDARDS. (a) STUDY BY GAO.—

13 (1) IN GENERAL.—The Comptroller General of

14 the United States shall conduct a study of the pro15 gram established under the Mammography Quality

16 Standards Act of 1992 (section 354 of the Public

17 Health Service Act (42 U.S.C. 263b)) (referred to in

18 this section as the ‘‘MQSA’’) to—

19 (A) evaluate the demonstration program re20 garding frequency of inspections authorized

21 under section 354(g) of the Public Health Service

22 Act (42 U.S.C. 263b(g)), including the effect of

23 the program on compliance with the MQSA;

24 (B) evaluate the factors that contributed to

25 the closing of the approximately 700 mammog-
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1 raphy facilities nationwide since 2001, whether

2 those closings were due to consolidation or were

3 a true reduction in mammography availability,

4 explore the relationship between certified units

5 and facility capacity, and evaluate capacity

6 issues, and determine the effect these and other

7 closings have had on the accessibility of mam8 mography services, including for underserved

9 populations, since the April 2002 General Ac10 counting Office report on access to mammog11 raphy; and

12 (C) evaluate the role of States in acting as

13 accreditation bodies or certification bodies, or

14 both, in addition to inspection agents under the

15 MQSA, and in acting as accreditation bodies for

16 facilities in other States and determine whether

17 and how these roles affect the system of checks

18 and balances within the MQSA.

19 (2) REPORT.—Not later than 16 months after the

20 date of enactment of this Act, the Comptroller General

21 of the United States shall submit to the Committee on

22 Health, Education, Labor, and Pensions and the

23 Committee on Appropriations of the Senate and the

24 Committee on Energy and Commerce and the Com25 mittee on Appropriations of the House of Representa-
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1 tives a report on the study described in paragraph

2 (1).

3 (b) STUDY BY THE INSTITUTE OF MEDICINE.—

4 (1) IN GENERAL.—Not later than 30 days after

5 the date of enactment of this Act, the Secretary of

6 Health and Human Services shall enter into an

7 agreement with the Institute of Medicine of the Na8 tional Academy of Sciences for the conduct of a study

9 and the making of recommendations regarding the

10 following:

11 (A) Ways to improve physicians’ interpre12 tations of mammograms, including approaches

13 that could be taken under the MQSA without

14 negatively impacting access to quality mammog15 raphy.

16 (B) What changes could be made in the

17 MQSA to improve mammography quality, in18 cluding additional regulatory requirements that

19 would improve quality, as well as the reduction

20 or modification of regulatory requirements that

21 do not contribute to quality mammography, or

22 are no longer necessary to ensure quality mam23 mography. Such reduction or modification of

24 regulatory requirements and improvements in

25 the efficiency of the program are important to
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1 help eliminate disincentives to enter or remain

2 in the field of mammography.

3 (C) Ways, including incentives, to ensure

4 that sufficient numbers of adequately trained

5 personnel at all levels are recruited and retained

6 to provide quality mammography services.

7 (D)(i) How data currently collected under

8 the MQSA could be used to improve the quality,

9 interpretation of, and access to mammography.

10 (ii) Identification of new data points that

11 could be collected to aid in the monitoring and

12 assessment of mammography quality and access.

13 (E) Other approaches that would improve

14 the quality of and access to mammography serv15 ices, including approaches to improving provi16 sions under the MQSA.

17 (F) Steps that should be taken to help make

18 available safe and effective new screening and di19 agnostic devices and tests for breast cancer.

20 (2) REPORT.—Not later than 15 months after the

21 date on which the agreement is entered into under

22 paragraph (1), the Institute of Medicine shall com23 plete the study described under such subsection and

24 submit a report to the Secretary of Health and

25 Human Services, the Committee on Health, Edu-
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1 cation, Labor, and Pensions and the Committee on

2 Appropriations of the Senate, and the Committee on

3 Energy and Commerce and the Committee on Appro4 priations of the House of Representatives.

5 (3) FUNDING.—Of the amounts appropriated

6 under this title to the Office of the Secretary of

7 Health and Human Services for general departmental

8 management, $500,000 shall be made available to

9 carry out the study under this subsection.

10 SEC. 226. (a) FINDINGS.—The Senate finds that—

11 (1) Native American populations have seen an

12 alarming increase in sexually transmitted disease

13 prevalence in recent years; and

14 (2) a screening, treatment, and education pro15 gram, administered by tribal health organizations or

16 local health care providers, on Native American res17 ervations with high rates of sexually transmitted dis18 eases will help prevent a corresponding increase in

19 the prevalence of HIV.

20 (b) GRANT PROGRAM.—From amounts appropriated

21 under this title for the Centers for Disease Control and Pre22 vention, there may be made available up to $1,000,000 to

23 enable the Director of the Centers for Disease Control and

24 Prevention to carry out competitive grant program to

25 strengthen local capacity on Native American reservations
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1 to screen for and treat sexually transmitted diseases and

2 to educate local populations about such diseases, the con3 sequences thereof, and how the transmission of such diseases

4 can be prevented.

5 SEC. 227. In addition to any amounts otherwise ap6 propriated under this Act for the support of the improved

7 newborn and child screening for heritable disorders pro8 gram authorized under section 1109 of the Public Health

9 Service Act (42 U.S.C. 300b–8), there may be appropriated

10 up to an additional $2,000,000 to carry out such program.

11 SEC. 228. SUMMER HEALTH CAREER INTRODUCTORY

12 PROGRAMS. (a) FINDINGS.—Congress finds that—

13 (1) the success of the health care system is de14 pendent on qualified personnel;

15 (2) hospitals and health facilities across the

16 United States have been deeply impacted by declines

17 among nurses, pharmacists, radiology and laboratory

18 technicians, and other workers;

19 (3) the health care workforce shortage is not a

20 short term problem and such workforce shortages can

21 be expected for many years; and

22 (4) most States are looking for ways to address

23 such shortages.

24 (b) GRANTS.—The Secretary of Health and Human

25 Services, acting through the Bureau of Health Professions
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1 of the Health Resources and Services Administration, may

2 award not to exceed 5 grants for the establishment of sum3 mer health career introductory programs for middle and

4 high school students.

5 (c) ELIGIBILITY.—To be eligible to receive a grant

6 under subsection (b) an entity shall—

7 (1) be an institution of higher education (as de8 fined in section 101(a) of the Higher Education Act

9 of 1965 (20 U.S.C. 1001(a)); and

10 (2) prepare and submit to the Secretary of

11 Health and Human Services an application at such

12 time, in such manner, and containing such informa13 tion as the Secretary may require.

14 (d) DURATION.—The term of a grant under subsection

15 (b) shall not exceed 4 years.

16 (e) AUTHORIZATION OF APPROPRIATIONS.—There is

17 authorized to be appropriated to carry out this section, such

18 sums as may be necessary for each of fiscal years 2004

19 through 2007.

20 SEC. 229. Not later than 120 days after the date of

21 enactment of this Act, the Director of the Centers for Disease

22 Control and Prevention shall prepare a plan to comprehen23 sively address blood safety and injection safety in Africa

24 under the Global AIDS Program.
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1 SEC. 230. Not later than May 1, 2004, the Secretary

2 of Health and Human Services shall submit to the appro3 priate committees of Congress a report concerning the man4 ner in which the Department of Health and Human Serv5 ices expends Federal funds for research, patient care, and

6 other activities relating to Hansen’s Disease. The report

7 shall include—

8 (1) the amounts provided for each research

9 project;

10 (2) the amounts provided to each of the 12 treat11 ment centers for each of research, patient care, and

12 other activities;

13 (3) the per patient expenditure of patient care

14 funds at each of the 12 treatment centers; and

15 (4) the mortality rates at each of the 12 treat16 ment centers.

17 SEC. 231. In addition to any amounts otherwise ap18 propriated under this Act to carry out activities under the

19 Child Abuse Prevention and Treatment Act (42 U.S.C. 5101

20 et seq.), there are appropriated—

21 (1) up to an additional $143,000 may be used

22 to carry out activities under title I of such Act (child

23 abuse State grants);
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1 (2) up to an additional $212,000 may be used

2 to carry out activities under title II of such Act (com3 munity-based resource centers); and

4 (3) up to an additional $2,100,000 may be used

5 for child abuse discretionary grants under such Act.

6 SEC. 232. (a) FINDINGS.—The Senate finds that—

7 (1) a recent Aberdeen Area Indian Health Serv8 ice infant mortality study identified protective and

9 risk factors associated with Sudden Infant Death

10 Syndrome (referred to in this section as ‘‘SIDS’’);

11 (2) several conclusions from the study suggest

12 courses of action to reduce the incidence of SIDS

13 among Native American and other high-incidence

14 populations;

15 (3) the study noted that alcohol consumption by

16 women of childbearing age (especially during preg17 nancy), maternal and environmental tobacco exposure

18 during pregnancy, and pregnancy by women under

19 the age of 20 increase the risk for SIDS;

20 (4) in 2000, for infants of African American

21 mothers, the SIDS death rate was 2.4 times that for

22 non-Hispanic white mothers;

23 (5) nationwide, SIDS rates for infants of Native

24 American mothers were 2.6 times those of non-His25 panic white mothers; and
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1 (6) the Office of Minority Health of the Depart2 ment of Health and Human Services has the expertise

3 to coordinate SIDS disparity reduction efforts across

4 the Department of Health and Human Services.

5 (b) INCREASE IN FUNDING.—In addition to any

6 amounts otherwise appropriate in this Act to carry out ac7 tivities to reduce Sudden Infant Death Syndrome disparity

8 rates, there may be appropriated up to an additional

9 $2,000,000 to enable the Director of the Office of Minority

10 Health of the Department of Health and Human Services

11 to carry out a demonstration project, in coordination with

12 the Administrator of the Health Resources and Services Ad13 ministration, the Director of the National Institutes of

14 Health, the Director of the Indian Health Services, the Ad15 ministrator of the Center for Medicare & Medicaid Services,

16 the Director of the Centers for Disease Control and Preven17 tion, and the heads of other agencies within the Department

18 of Health and Human Services (as appropriate), to reduce

19 Sudden Infant Death Syndrome disparity rates, and to

20 provide risk reduction education to African American and

21 Native American populations in the United States, includ22 ing efforts to reduce alcohol use by pregnant women, sup23 port for smoking cessation (maternal and secondhand) pro24 grams, and education of teenagers on the risk factors for

25 Sudden Infant Death Syndrome associated with teenage
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1 pregnancy within African American and Native American

2 communities.

3 (c) SENSE OF THE SENATE.—It is the sense of the Sen4 ate that in carrying out the demonstration project under

5 subsection (b), the Director of the Office of Minority Health

6 is encouraged to—

7 (1) expand upon the similar pilot program for

8 Native Americans that was funded by the Office of

9 Minority Health; and

10 (2) coordinate with the Administrator of the

11 Health Resources and Services Administration, the

12 Director of the Centers for Disease Control and Pre13 vention, the Director of the National Institutes of

14 Health, the Director of the Indian Health Services,

15 the Administrator of the Center for Medicare & Med16 icaid Services, and the heads of other agencies within

17 the Department of Health and Human Services (as

18 appropriate) to support activities to reduce alcohol

19 use by pregnant women, support smoking cessation

20 (maternal and secondhand), and educate teenagers on

21 the risk factors for SIDS associated with teenage

22 pregnancy within the African American and Native

23 American communities.

24 SEC. 233. There may be appropriated, up to

25 $2,000,000 to fund programs on community automatic ex-
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1 ternal defibrillators under section 312 of the Public Health

2 Service Act (42 U.S.C. 244).

3 SEC. 234. From the amounts appropriated under the

4 heading ‘‘OFFICE OF THE SECRETARY, GENERAL DEPART5 MENTAL MANAGEMENT’’ there may be made available an

6 additional $2,000,000 to the Health Resources and Services

7 Administration for the purchase of automatic external

8 defibrilators and the training of individuals in cardiac life

9 support in rural areas.

10 SEC. 235. Notwithstanding any other provisions of

11 law, funds made available under this heading may be used

12 to continue operating the Council on Graduate Medical

13 Education established by section 301 of Public Law 102–

14 408.

15 SEC. 236. DESIGNATION OF SENATOR PAUL D.

16 WELLSTONE NIH MDCRC PROGRAM. (a) FINDINGS.—Con17 gress finds the following:

18 (1) On December 18, 2001, Public Law 107–84,

19 otherwise known as the Muscular Dystrophy Commu20 nity Assistance, Research and Education Amend21 ments of 2001, or the MD CARE Act, was signed into

22 law to provide for research and education with re23 spect to various forms of muscular dystrophy, includ24 ing Dechenne, Becker, limb girdle, congenital,
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1 facioscapulohumeral, myotonic, oculopharyngeal, dis2 tal, and EmeryDreifuss muscular dystrophies.

3 (2) In response to the MD CARE Act of 2001,

4 in September 2002, the National Institutes of Health

5 (NIH) announced its intention to direct $22,500,000

6 over five years to its newly created Muscular Dys7 trophy Cooperative Research Centers (MDCRC) pro8 gram.

9 (3) Senator Paul D. Wellstone was a driving

10 force behind enactment of the MD CARE Act, which

11 led to the establishment of the MDCRC program.

12 (b) DESIGNATION.—The NIH Muscular Dystrophy Co13 operative Research Centers (MDCRC) program shall be

14 known and designated as the ‘‘Senator Paul D. Wellstone

15 Muscular Dystrophy Cooperative Research Centers’’, in

16 honor of Senator Paul D. Wellstone who was deceased on

17 October 25, 2002.

18 (c) REFERENCES.—Any reference in a law, regulation,

19 document, paper, or other record of the United States to

20 the NIH program of Muscular Dystrophy Cooperative Re21 search Centers shall be deemed to be a reference to the ‘‘Sen22 ator Paul D. Wellstone Muscular Dystrophy Cooperative

23 Research Centers.

24 SEC. 237. (a) MOTHER-TO-CHILD HIV TRANSMISSION

25 PREVENTION.—In addition to any amounts otherwise made
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1 available under this Act to carry out mother-to-child HIV

2 transmission prevention activities, there shall be made

3 available an additional $60,000,000 to carry out such ac4 tivities and $1,000,000 for Non-Mother-to-Child activities.

5 (b) REDUCTION IN AMOUNTS.—Amounts made avail6 able under this Act for the administrative and related ex7 penses for departmental management for the Department

8 of Labor, the Department of Health and Human Services,

9 the Department of Education, shall be reduced on a pro

10 rata basis by $61,000,000.

11 SEC. 238. (a) AUTHORITY.—Notwithstanding any

12 other provision of law, the Director of the National Insti13 tutes of Health may use funds available under section

14 402(i) of the Public Health Service Act (42 U.S.C. 282(i))

15 to enter into transactions (other than contracts, cooperative

16 agreements, or grants) to carry out research in support of

17 the NIH Roadmap Initiative of the Director.

18 (b) PEER REVIEW.—In entering into transactions

19 under subsection (a), the Director of the National Institutes

20 of Health may utilize such peer review procedures (includ21 ing consultation with appropriate scientific experts) as the

22 Director determines to be appropriate to obtain assessments

23 of scientific and technical merit. Such procedures shall

24 apply to such transactions in lieu of the peer review and

25 advisory council review procedures that would otherwise be
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1 required under sections 301(a)(3), 405(b)(1)(B), 405(b)(2),

2 406(a)(3)(A), 492, and 494 of the Public Health Service

3 Act (42 U.S.C. 241, 284(b)(1)(B), 284(b)(2), 284a(a)(3)(A),

4 289a, and 289c).

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

6 and Human Services Appropriations Act, 2004’’.

7 TITLE III—DEPARTMENT OF EDUCATION

8 EDUCATION FOR THE DISADVANTAGED

9 For carrying out title I of the Elementary and Sec10 ondary Education Act of 1965 (‘‘ESEA’’) and section 418A

11 of the Higher Education Act of 1965, $14,103,356,000, of

12 which $6,582,294,000 shall become available on July 1,

13 2004, and shall remain available through September 30,

14 2005, and of which $7,383,301,000 shall become available

15 on October 1, 2004, and shall remain available through

16 September 30, 2005, for academic year 2004–2005: Pro17 vided, That $7,107,282,000 shall be available for basic

18 grants under section 1124: Provided further, That up to

19 $3,500,000 of these funds shall be available to the Secretary

20 of Education on October 1, 2003, to obtain annually up21 dated educational-agency-level census poverty data from the

22 Bureau of the Census: Provided further, That

23 $1,365,031,000 shall be available for concentration grants

24 under section 1124A: Provided further, That $1,670,239,000

25 shall be available for targeted grants under section 1125:
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1 Provided further, That $2,207,448,000 shall be available for

2 education finance incentive grants under section 1125A:

3 Provided further, That, notwithstanding any other provi4 sion of law, the Secretary shall use data described in sec5 tions 1124(a)(1)(B) and 1124(c)(1) of the ESEA that are

6 available on July 1, 2003, to calculate grants for fiscal year

7 2004 under part A of title I of that Act: Provided further,

8 That from the $8,842,000 available to carry out part E of

9 title I, up to $1,000,000 shall be available to the Secretary

10 of Education to provide technical assistance to State and

11 local educational agencies concerning part A of title I.

12 IMPACT AID

13 For carrying out programs of financial assistance to

14 federally affected schools authorized by title VIII of the Ele15 mentary and Secondary Education Act of 1965,

16 $1,193,226,000, of which $1,030,292,000 shall be for basic

17 support payments under section 8003(b), $50,668,000 shall

18 be for payments for children with disabilities under section

19 8003(d), $44,708,000 shall be for construction under section

20 8007 and shall remain available through September 30,

21 2005, $59,610,000 shall be for Federal property payments

22 under section 8002, and $7,948,000, to remain available

23 until expended, shall be for facilities maintenance under

24 section 8008.
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1 SCHOOLIMPROVEMENT PROGRAMS

2 For carrying out school improvement activities author3 ized by titles II, part B of title IV, part A and subparts

4 6 and 9 of part D of title V, subpart 1 of part A and part

5 B of title VI, and parts B and C of title VII of the Elemen6 tary and Secondary Education Act of 1965 (‘‘ESEA’’); the

7 McKinney-Vento Homeless Assistance Act; and the Civil

8 Rights Act of 1964, $5,731,453,000, of which

9 $4,173,944,000 shall become available on July 1, 2004, and

10 remain available through September 30, 2005, and of which

11 $1,435,000,000 shall become available on October 1, 2004,

12 and shall remain available through September 30, 2005, for

13 academic year 2004–2005: Provided, That funds made

14 available to carry out part B of title VII of the ESEA may

15 be used for construction, renovation and modernization of

16 any elementary school, secondary school, or structure re17 lated to an elementary school or secondary school, run by

18 the Department of Education of the State of Hawaii, that

19 serves a predominantly Native Hawaiian student body:

20 Provided further, That funds made available to carry out

21 part C of title VII of the ESEA may be used for construc22 tion: Provided further, That $390,000,000 shall be for sub23 part 1 of part A of title VI of the ESEA: Provided further,

24 That no funds appropriated under this heading may be

25 used to carry out section 5494 under the ESEA.
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1 INDIAN EDUCATION

2 For expenses necessary to carry out, to the extent not

3 otherwise provided, title VII, part A of the Elementary and

4 Secondary Education Act of 1965, $121,573,000.

5 INNOVATION AND IMPROVEMENT

6 For carrying out activities authorized by part G of

7 Title I, subpart 5 of part A and parts C and D of title

8 II, and Parts B, C, and D of title V of the Elementary

9 and Secondary Education Act of 1965 (‘‘ESEA’’),

10 $774,133,000: Provided, That $9,935,000 shall be provided

11 to the National Board for Professional Teaching Standards

12 to carry out section 2151(c) of the ESEA: Provided further,

13 That $165,877,000 shall be available to carry out part D

14 of title V of the ESEA.

15 SAFE SCHOOLS AND CITIZENSHIP EDUCATION

16 For carrying out subpart 3 of part C of title II, part

17 A of title IV, and subparts 2, 3 and 10 of part D of title

18 V of the Elementary and Secondary Education Act of 1965

19 (‘‘ESEA’’), title VIII–D of the Higher Education Act of

20 1965, as amended, and Public Law 102–73, $818,547,000,

21 of which $447,017,000 shall become available on July 1,

22 2004 and remain available through September 30, 2005:

23 Provided, That of the amount available for subpart 2 of

24 part A of title IV of the ESEA, $850,000 shall be used to

25 continue the National Recognition Awards program under

26 the same guidelines outlined by section 120(f) of Public Law
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1 105–244: Provided further, That $422,017,000 shall be

2 available for subpart 1 of part A of title IV and

3 $213,880,000 shall be available for subpart 2 of part A of

4 title IV: Provided further, That of the funds available to

5 carry out subpart 3 of part C of title II, up to $11,922,000

6 may be used to carry out section 2345 and $2,980,000 shall

7 be used by the Center for Civic Education to implement

8 a comprehensive program to improve public knowledge, un9 derstanding, and support of the Congress and the state leg10 islatures: Provided further, That $25,000,000 shall be for

11 Youth Offender Grants, of which $5,000,000 shall be used

12 in accordance with section 601 of Public Law 102–73 as

13 that section was in effect prior to enactment of Public Law

14 105–220.

15 ENGLISH LANGUAGE ACQUISITION

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

17 $665,000,000, of which $541,259,000 shall become available

18 on July 1, 2004, and shall remain available through Sep19 tember 30, 2005.

20 SPECIALEDUCATION

21 For carrying out parts B, C, and D of the Individuals

22 with Disabilities Education Act, $11,027,464,000, of which

23 $5,337,533,000 shall become available for obligation on

24 July 1, 2004, and shall remain available through September

25 30, 2005, and of which $5,402,000,000 shall become avail26 able on October 1, 2004, and shall remain available through
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1 September 30, 2005, for academic year 2004–2005: Pro2 vided, That $11,400,000 shall be for Recording for the Blind

3 and Dyslexic to support the development, production, and

4 circulation of recorded educational materials: Provided fur5 ther, That $1,500,000 shall be for the recipient of funds pro6 vided by Public Law 105–78 under section 687(b)(2)(G) of

7 the Act to provide information on diagnosis, intervention,

8 and teaching strategies for children with disabilities: Pro9 vided further, That the amount for section 611(c) of the Act

10 shall be equal to the amount available for that section dur11 ing fiscal year 2003, increased by the amount of inflation

12 as specified in section 611(f)(1)(B)(ii) of the Act.

13 REHABILITATION SERVICES AND DISABILITY RESEARCH

14 For carrying out, to the extent not otherwise provided,

15 the Rehabilitation Act of 1973, the Assistive Technology Act

16 of 1998, and the Helen Keller National Center Act,

17 $3,004,360,000, of which $1,000,000 shall be used to im18 prove the quality of applied orthotic and prosthetic research

19 and help meet the demand for provider services: Provided,

20 That the funds provided for title I of the Assistive Tech21 nology Act of 1998 (‘‘the AT Act’’) shall be allocated not22 withstanding section 105(b)(1) of the AT Act: Provided fur23 ther, That section 101(f) of the AT Act shall not limit the

24 award of an extension grant to three years: Provided fur25 ther, That no State or outlying area awarded funds under
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1 section 101 shall receive less than the amount received in

2 fiscal year 2003.

3 AMERICAN PRINTING HOUSE FOR THE BLIND

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

5 (20 U.S.C. 101 et seq.) including the acquisition of equip6 ment, $16,500,000.

7 NATIONALTECHNICALINSTITUTE FOR THE DEAF

8 For the National Technical Institute for the Deaf

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

10 1986 (20 U.S.C. 4301 et seq.), $53,800,000, of which

11 $367,000 shall be for construction and shall remain avail12 able until expended: Provided, That from the total amount

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

14 the endowment program as authorized under section 207.

15 GALLAUDET UNIVERSITY

16 For the Kendall Demonstration Elementary School,

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

18 support of Gallaudet University under titles I and II of

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

20 seq.), $100,800,000: Provided, That from the total amount

21 available, the University may at its discretion use funds

22 for the endowment program as authorized under section

23 207.

24 VOCATIONALAND ADULT EDUCATION

25 For carrying out, to the extent not otherwise provided,

26 the Carl D. Perkins Vocational and Technical Education
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1 Act of 1998, subparts 4 and 11 of part D of title V of the

2 Elementary and Secondary Education Act of 1965, and the

3 Adult Education and Family Literacy Act, $2,093,990,000,

4 of which $1,274,943,000 shall become available on July 1,

5 2004 and shall remain available through September 30,

6 2005 and of which $791,000,000 shall become available on

7 October 1, 2004 and shall remain available through Sep8 tember 30, 2005: Provided, That of the amount provided

9 for Adult Education State Grants, $69,545,000 shall be

10 made available for integrated English literacy and civics

11 education services to immigrants and other limited English

12 proficient populations: Provided further, That of the

13 amount reserved for integrated English literacy and civics

14 education, notwithstanding section 211 of the Adult Edu15 cation and Family Literacy Act, 65 percent shall be allo16 cated to States based on a State’s absolute need as deter17 mined by calculating each State’s share of a 10-year aver18 age of the Immigration and Naturalization Service data for

19 immigrants admitted for legal permanent residence for the

20 10 most recent years, and 35 percent allocated to States

21 that experienced growth as measured by the average of the

22 3 most recent years for which Immigration and Naturaliza23 tion Service data for immigrants admitted for legal perma24 nent residence are available, except that no State shall be

25 allocated an amount less than $60,000: Provided further,
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1 That of the amounts made available for the Adult Edu2 cation and Family Literacy Act, $9,223,000 shall be for

3 national leadership activities under section 243 and

4 $6,732,000 shall be for the National Institute for Literacy

5 under section 242: Provided further, That $160,047,000

6 shall be available to support the activities authorized under

7 subpart 4 of part D of title V of the Elementary and Sec8 ondary Education Act of 1965, of which up to 5 percent

9 shall become available October 1, 2003, for evaluation, tech10 nical assistance, school networking, peer review of applica11 tions, and program outreach activities and of which not less

12 than 95 percent shall become available on July 1, 2004,

13 and remain available through September 30, 2005, for

14 grants to local educational agencies: Provided further, That

15 funds made available to local education agencies under this

16 subpart shall be used only for activities related to estab17 lishing smaller learning communities in high schools.

18 STUDENT FINANCIALASSISTANCE

19 For carrying out subparts 1, 3 and 4 of part A, part

20 C and part E of title IV of the Higher Education Act of

21 1965, as amended, $14,174,115,000, which shall remain

22 available through September 30, 2005.

23 The maximum Pell Grant for which a student shall

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

2 For Federal administrative expenses (in addition to

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

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

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

6 1965, as amended, $104,703,000.

7 HIGHER EDUCATION

8 For carrying out, to the extent not otherwise provided,

9 section 121 and titles II, III, IV, V, VI, and VII of the

10 Higher Education Act of 1965 (‘‘HEA’’), as amended, sec11 tion 117 of the Carl D. Perkins Vocational and Technical

12 Education Act of 1998, and the Mutual Educational and

13 Cultural Exchange Act of 1961, $1,974,247,000, of which

14 $2,000,000 for interest subsidies authorized by section 121

15 of the HEA shall remain available until expended: Pro16 vided, That notwithstanding any other provision of law or

17 any regulation, the Secretary of Education shall not require

18 the use of a restricted indirect cost rate for grants issued

19 pursuant to section 117 of the Carl D. Perkins Vocational

20 and Technical Education Act of 1998: Provided further,

21 That $9,935,000, to remain available through September

22 30, 2005, shall be available to fund fellowships for academic

23 year 2005–2006 under part A, subpart 1 of title VII of said

24 Act, under the terms and conditions of part A, subpart 1:

25 Provided further, That $994,000 is for data collection and

26 evaluation activities for programs under the HEA, includ-
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1 ing such activities needed to comply with the Government

2 Performance and Results Act of 1993: Provided further,

3 That notwithstanding any other provision of law, funds

4 made available in this Act to carry out title VI of the HEA

5 and section 102(b)(6) of the Mutual Educational and Cul6 tural Exchange Act of 1961 may be used to support visits

7 and study in foreign countries by individuals who are par8 ticipating in advanced foreign language training and inter9 national studies in areas that are vital to United States

10 national security and who plan to apply their language

11 skills and knowledge of these countries in the fields of gov12 ernment, the professions, or international development: Pro13 vided further, That up to 1 percent of the funds referred

14 to in the preceding proviso may be used for program evalua15 tion, national outreach, and information dissemination ac16 tivities.

17 HOWARD UNIVERSITY

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

19 121 et seq.), $238,440,000, of which not less than $3,573,000

20 shall be for a matching endowment grant pursuant to the

21 Howard University Endowment Act (Public Law 98–480)

22 and shall remain available until expended.

23 COLLEGE HOUSING AND ACADEMIC FACILITIES LOANS

24 PROGRAM

25 For Federal administrative expenses authorized under

26 section 121 of the Higher Education Act of 1965, $774,000
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1 to carry out activities related to existing facility loans en2 tered into under the Higher Education Act of 1965.

3 HISTORICALLY BLACK COLLEGE AND UNIVERSITY CAPITAL

4 FINANCING PROGRAM ACCOUNT

5 The aggregate principal amount of outstanding bonds

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

7 Higher Education Act of 1965 shall not exceed

8 $355,000,000, and the cost, as defined in section 502 of the

9 Congressional Budget Act of 1974, of such bonds shall not

10 exceed zero.

11 For administrative expenses to carry out the Histori12 cally Black College and University Capital Financing Pro13 gram entered into pursuant to title III, part D of the High14 er Education Act of 1965, as amended, $210,000.

15 INSTITUTE OF EDUCATION SCIENCES

16 For carrying out activities authorized by Public Law

17 107–279, $452,956,000: Provided, That, of the amount ap18 propriated, $144,090,000 shall be available for obligation

19 through September 30, 2005: Provided further, That of the

20 amount provided to carry out title I, parts B and D of

21 Public Law 107–279, $24,362,000 shall be for the national

22 research and development centers authorized under section

23 133(c): Provided further, That $4,968,000 shall be available

24 to extend for one additional year the contract for the Eisen25 hower National Clearinghouse for Mathematics and Science

26 Education authorized under section 2102(a)(2) of the Ele-
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1 mentary and Secondary Education Act of 1965, prior to

2 its amendment by the No Child Left Behind Act of 2001,

3 Public Law 107–110.

4 PROGRAM ADMINISTRATION

5 For carrying out, to the extent not otherwise provided,

6 the Department of Education Organization Act, including

7 rental of conference rooms in the District of Columbia and

8 hire of three passenger motor vehicles, $409,863,000, of

9 which $13,644,000, to remain available until expended,

10 shall be for building alterations and related expenses for

11 the relocation of Department staff to Potomac Center Plaza

12 in Washington, D.C.: Provided, That of this amount, suffi13 cient funds shall be available for the Secretary of Edu14 cation, not later than 60 days after the last day of the fiscal

15 year, to submit to Congress a report on the amount of ac16 quisitions made by the Department of Education during

17 such fiscal year of articles, materials, or supplies that were

18 manufactured outside the United States. Such report shall

19 separately indicate the dollar value of any articles, mate20 rials, or supplies purchased by the Department of Edu21 cation that were manufactured outside the United States,

22 an itemized list of all waivers under the Buy American Act

23 (41 U.S.C. 10a et seq.) that were granted with respect to

24 such articles, materials, or supplies, and a summary of

25 total procurement funds spent on goods manufactured in

26 the United States versus funds spent on goods manufactured
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1 outside of the United States. The Secretary of Education

2 shall make the report publicly available by posting the re3 port on an Internet website.

4 OFFICE FOR CIVILRIGHTS

5 For expenses necessary for the Office for Civil Rights,

6 as authorized by section 203 of the Department of Edu7 cation Organization Act, $91,275,000.

8 OFFICE OF THE INSPECTOR GENERAL

9 For expenses necessary for the Office of the Inspector

10 General, as authorized by section 212 of the Department

11 of Education Organization Act, $44,137,000.

12 GENERAL PROVISIONS

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

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

15 the purchase of equipment for such transportation) in order

16 to overcome racial imbalance in any school or school system,

17 or for the transportation of students or teachers (or for the

18 purchase of equipment for such transportation) in order to

19 carry out a plan of racial desegregation of any school or

20 school system.

21 SEC. 302. None of the funds contained in this Act shall

22 be used to require, directly or indirectly, the transportation

23 of any student to a school other than the school which is

24 nearest the student’s home, except for a student requiring

25 special education, to the school offering such special edu26 cation, in order to comply with title VI of the Civil Rights
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1 Act of 1964. For the purpose of this section an indirect re2 quirement of transportation of students includes the trans3 portation of students to carry out a plan involving the reor4 ganization of the grade structure of schools, the pairing of

5 schools, or the clustering of schools, or any combination of

6 grade restructuring, pairing or clustering. The prohibition

7 described in this section does not include the establishment

8 of magnet schools.

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

10 be used to prevent the implementation of programs of vol11 untary prayer and meditation in the public schools.

12 (TRANSFER OF FUNDS)

13 SEC. 304. Not to exceed 1 percent of any discretionary

14 funds (pursuant to the Balanced Budget and Emergency

15 Deficit Control Act of 1985, as amended) which are appro16 priated for the Department of Education in this Act may

17 be transferred between appropriations, but no such appro18 priation shall be increased by more than 3 percent by any

19 such transfer: Provided, That the Appropriations Commit20 tees of both Houses of Congress are notified at least 15 days

21 in advance of any transfer.

22 SEC. 305. (a) The matter under the heading ‘‘Title

23 III—Department of Education, Education for the Dis24 advantaged’’, in Public Law 108–7 (117 Stat. 326) is

25 amended—
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1 (1) by striking ‘‘$4,651,199,000’’ and inserting

2 ‘‘$6,895,199,000’’; and

3 (2) by striking ‘‘$9,027,301,000’’ and inserting

4 ‘‘$6,783,301,000’’.

5 (b) The additional fiscal year 2003 budget authority

6 provided under subsection (a) shall not be subject to the re7 scission required by Division N, section 601, of Public Law

8 108–7.

9 (c) Subsections (a) and (b) shall become effective im10 mediately upon enactment of this Act.

11 SEC. 306. None of the funds provided under this Act

12 shall be used to implement or enforce the annual updates

13 to the allowance for State and other taxes in the tables used

14 in the Federal Needs Analysis Methodology to determine a

15 student’s expected family contribution for the award year

16 2004-2005 under part F of title IV of the Higher Education

17 Act of 1965 (20 U.S.C. 1087kk et seq.) published in the Fed18 eral Register on Friday, May 30, 2003 (68 Fed. Reg.

19 32473), to the extent that such implementation or enforce20 ment of the updates will reduce the amount of Federal stu21 dent financial assistance for which a student is eligible:

22 Provided, That of the funds appropriated in this Act for

23 the National Institutes of Health, $200,000,000 shall not

24 be available for obligation until September 30, 2004.
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1 SEC. 307. (a) ADDITIONAL FUNDING.—In addition to

2 any amounts otherwise appropriated under this Act for

3 grants to States under part B of the Individuals with Dis4 abilities Education Act (20 U.S.C. 1411 et seq.), there are

5 appropriated an additional $1,200,000,000 for such grants.

6 (b) CUSTOMS USER FEES.—Section 13031(j)(3) of the

7 Consolidated Omnibus Budget Reconciliation Act of 1985

8 (19 U.S.C. 58c(j)(3)) is amended by striking ‘‘September

9 30, 2003’’ and inserting ‘‘September 30, 2004’’.

10 SEC. 308. In addition to any amounts that may be

11 made available under this Act to carry out the Excellence

12 in Economic Education Act of 2001 under subpart 13 of

13 part D of title V of the Elementary and Secondary Edu14 cation Act of 1965, there are appropriated, out of any

15 money in the Treasury not otherwise appropriated,

16 $2,000,000 to carry out the Excellence in Economic Edu17 cation Act of 2001.

18 SEC. 309. For necessary expenses for the Underground

19 Railroad Education and Cultural Program, there are ap20 propriated $2,235,000.

21 SEC. 310. There are appropriated, out of any money

22 in the Treasury not otherwise appropriated, to carry out

23 section 208 of the Education Sciences Reform Act of 2002,

24 $80,000,000. All amounts in this Act for management and

25 administration at the Department of Education are reduced
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1 on a pro rata basis by an amount required to offset the

2 $80,000,000 appropriation made by this section.

3 SEC. 311. For activities authorized by part H of title

4 I of the Elementary and Secondary Education Act, there

5 are hereby appropriated up to $5,000,000, which may be

6 used to carry out such activities.

7 DANIELPATRICK MOYNIHAN GLOBALAFFAIRS INSTITUTE

8 SEC. 312. (a) DEFINITIONS.—In this section:

9 (1) ENDOWMENT FUND.—The term ‘‘endowment

10 fund’’ means a fund established by the Maxwell

11 School of Citizenship and Public Affairs of the Syra12 cuse University in Syracuse, New York, for the pur13 pose of generating income for the support of the

14 School and other purposes as described in subsection

15 (d).

16 (2) SCHOOL.—The term ‘‘School’’ means the

17 Maxwell School of Citizenship and Public Affairs of

18 the Syracuse University in Syracuse, New York.

19 (3) SECRETARY.—The term ‘‘Secretary’’ means

20 the Secretary of Education.

21 (4) UNIVERSITY.—The term ‘‘University’’ means

22 the Syracuse University in Syracuse, New York.

23 (b) DANIEL PATRICK MOYNIHAN GLOBAL AFFAIRS IN24 STITUTE.—

25 (1) REDESIGNATION.—To be eligible for a grant

26 under subsection (c), the University shall designate
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1 the global affairs institute within the Maxwell School

2 of Citizenship and Public Affairs of the University as

3 the ‘‘Daniel Patrick Moynihan Global Affairs Insti4 tute’’.

5 (2) REFERENCES.—Any reference in a law, map,

6 regulation, paper, or other record to the global affairs

7 institute within the Maxwell School of Citizenship

8 and Public Affairs of the University, shall be deemed

9 to be a reference to the Daniel Patrick Moynihan

10 Global Affairs Institute.

11 (c) GRANT FOR ENDOWMENT FUND.—From amounts

12 appropriated under subsection (f), the Secretary may

13 award a grant to the University for the establishment of

14 an endowment fund to support the Daniel Patrick Moy15 nihan Global Affairs Institute.

16 (d) DUTIES.—Amounts received under a grant under

17 subsection (c), shall be used to—

18 (1) carry on the public and intellectual tradition

19 of Senator Daniel Patrick Moynihan;

20 (2) sustain all of the core activities of the School;

21 (3) fund the residencies of visiting scholars and

22 international leaders;

23 (4) support scholarship, training, and practice

24 in countries that are often the most impoverished eco25 nomically, institutionally, and civically;
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1 (5) support partnerships with governments and

2 other relevant entities around the world to train gov3 ernment officials both at the School and in their home

4 countries; and

5 (6) expand the facilities of the School.

6 (e) MISCELLANEOUS PROVISIONS RELATING TO THE

7 ENDOWMENT FUND.—

8 (1) MANAGEMENT.—The endowment fund estab9 lished under subsection (c) shall be managed in ac10 cordance with the standard endowment policies estab11 lished by the University.

12 (2) USE OF INTEREST AND INVESTMENT IN13 COME.—Interest and other investment income earned

14 from the endowment fund may be used to carry out

15 the duties under subsection (d).

16 (3) DISTRIBUTION OF INTEREST AND INVEST17 MENT INCOME.—Funds derived from the interest and

18 other investment income earned from the endowment

19 fund shall be available for expenditure by the Univer20 sity for purposes consistent with subsection (d).

21 (f) AUTHORIZATION OF APPROPRIATIONS.—There is

22 authorized to be appropriated to carry out this section,

23 $10,000,000 to remain available until expended.
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1 SEC. 313. In addition to any amounts otherwise ap2 propriated under this Act, there may be appropriated, out

3 of any money in the Treasury not otherwise appropriated—

4 (1) an additional $4,000,000 to carry out title

5 III of the Elementary and Secondary Education Act

6 of 1965 (language instruction);

7 (2) up to $1,000,000 to carry out part A of title

8 V of the Higher Education Act of 1965 (Hispanic9 serving institutions);

10 (3) up to $500,000 to carry out part C of title

11 I of the Elementary and Secondary Education Act of

12 1965 (migrant education);

13 (4) up to an additional $3,000,000 to carry out

14 high school equivalency program activities under sec15 tion 418A of the Higher Education Act of 1965

16 (HEP);

17 (5) up to an additional $500,000 to carry out

18 college assistance migrant program activities under

19 section 418A of the Higher Education Act of 1965

20 (CAMP); and

21 (6) up to an additional $1,000,000 to carry out

22 subpart 16 of part D of title V of the Elementary and

23 Secondary Education Act of 1965 (parental assist24 ance and local family information centers).
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1 This title may be cited as the ‘‘Department of Edu2 cation Appropriations Act, 2004’’.

3 TITLE IV—RELATED AGENCIES

4 ARMED FORCES RETIREMENT HOME

5 For expenses necessary for the Armed Forces Retire6 ment Home to operate and maintain the Armed Forces Re7 tirement Home—Washington and the Armed Forces Retire8 ment Home—Gulfport, to be paid from funds available in

9 the Armed Forces Retirement Home Trust Fund,

10 $65,279,000, of which $1,983,000 shall remain available

11 until expended for construction and renovation of the phys12 ical plants at the Armed Forces Retirement Home—Wash13 ington and the Armed Forces Retirement Home—Gulfport.

14 CORPORATION FOR NATIONALAND COMMUNITY SERVICE

15 DOMESTIC VOLUNTEER SERVICE PROGRAMS, OPERATING

16 EXPENSES

17 For expenses necessary for the Corporation for Na18 tional and Community Service to carry out the provisions

19 of the Domestic Volunteer Service Act of 1973, as amended,

20 $350,187,000: Provided, That none of the funds made avail21 able to the Corporation for National and Community Serv22 ice in this Act for activities authorized by section 122 of

23 Part C of Title I and Part E of Title II of the Domestic

24 Volunteer Service Act of 1973 shall be used to provide sti25 pends or other monetary incentives to volunteers or volun-
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1 teer leaders whose incomes exceed 125 percent of the na2 tional poverty level.

3 CORPORATION FOR PUBLIC BROADCASTING

4 For payment to the Corporation for Public Broad5 casting, as authorized by the Communications Act of 1934,

6 an amount which shall be available within limitations spec7 ified by that Act, for the fiscal year 2006, $400,000,000:

8 Provided, That no funds made available to the Corporation

9 for Public Broadcasting by this Act shall be used to pay

10 for receptions, parties, or similar forms of entertainment

11 for Government officials or employees: Provided further,

12 That none of the funds contained in this paragraph shall

13 be available or used to aid or support any program or activ14 ity from which any person is excluded, or is denied benefits,

15 or is discriminated against, on the basis of race, color, na16 tional origin, religion, or sex: Provided further, That for

17 fiscal year 2004, in addition to the amounts provided above,

18 $55,000,000 shall be for costs related to digital program

19 production, development, and distribution, associated with

20 the transition of public broadcasting to digital broad21 casting, to be awarded as determined by the Corporation

22 in consultation with public radio and television licensees

23 or permittees, or their designated representatives: Provided

24 further, That for fiscal year 2004, in addition to the

25 amounts provided above, $10,000,000 shall be for the costs
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1 associated with implementing the first phase of the next

2 generation interconnection system.

3 FEDERAL MEDIATION AND CONCILIATION SERVICE

4 SALARIES AND EXPENSES

5 For expenses necessary for the Federal Mediation and

6 Conciliation Service to carry out the functions vested in

7 it by the Labor Management Relations Act, 1947 (29 U.S.C.

8 171–180, 182–183), including hire of passenger motor vehi9 cles; for expenses necessary for the Labor-Management Co10 operation Act of 1978 (29 U.S.C. 175a); and for expenses

11 necessary for the Service to carry out the functions vested

12 in it by the Civil Service Reform Act, Public Law 95–454

13 (5 U.S.C. ch. 71), $43,385,000, including $1,500,000, to re14 main available through September 30, 2005, for activities

15 authorized by the Labor-Management Cooperation Act of

16 1978 (29 U.S.C. 175a): Provided, That notwithstanding 31

17 U.S.C. 3302, fees charged, up to full-cost recovery, for spe18 cial training activities and other conflict resolution services

19 and technical assistance, including those provided to foreign

20 governments and international organizations, and for arbi21 tration services shall be credited to and merged with this

22 account, and shall remain available until expended: Pro23 vided further, That fees for arbitration services shall be

24 available only for education, training, and professional de25 velopment of the agency workforce: Provided further, That
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1 the Director of the Service is authorized to accept and use

2 on behalf of the United States gifts of services and real, per3 sonal, or other property in the aid of any projects or func4 tions within the Director’s jurisdiction.

5 FEDERAL MINE SAFETY AND HEALTH REVIEW

6 COMMISSION

7 SALARIES AND EXPENSES

8 For expenses necessary for the Federal Mine Safety

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

10 $7,774,000.

11 INSTITUTE OF MUSEUM AND LIBRARY SERVICES

12 For carrying out the Museum and Library Services

13 Act of 1996, $243,889,000, to remain available until ex14 pended.

15 MEDICARE PAYMENT ADVISORY COMMISSION

16 SALARIES AND EXPENSES

17 For expenses necessary to carry out section 1805 of the

18 Social Security Act, $9,000,000, to be transferred to this

19 appropriation from the Federal Hospital Insurance and the

20 Federal Supplementary Medical Insurance Trust Funds.

21 NATIONAL COMMISSION ON LIBRARIES AND INFORMATION

22 SCIENCE

23 SALARIES AND EXPENSES

24 For necessary expenses for the National Commission

25 on Libraries and Information Science, established by the
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1 Act of July 20, 1970 (Public Law 91–345, as amended),

2 $1,000,000.

3 NATIONAL COUNCILON DISABILITY

4 SALARIES AND EXPENSES

5 For expenses necessary for the National Council on

6 Disability as authorized by title IV of the Rehabilitation

7 Act of 1973, as amended, $3,339,000.

8 NATIONAL LABOR RELATIONS BOARD

9 SALARIES AND EXPENSES

10 For expenses necessary for the National Labor Rela11 tions Board to carry out the functions vested in it by the

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

13 U.S.C. 141–167), and other laws, $246,073,000: Provided,

14 That no part of this appropriation shall be available to or15 ganize or assist in organizing agricultural laborers or used

16 in connection with investigations, hearings, directives, or

17 orders concerning bargaining units composed of agricul18 tural laborers as referred to in section 2(3) of the Act of

19 July 5, 1935 (29 U.S.C. 152), and as amended by the

20 Labor-Management Relations Act, 1947, as amended, and

21 as defined in section 3(f) of the Act of June 25, 1938 (29

22 U.S.C. 203), and including in said definition employees en23 gaged in the maintenance and operation of ditches, canals,

24 reservoirs, and waterways when maintained or operated on

25 a mutual, nonprofit basis and at least 95 percent of the
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1 water stored or supplied thereby is used for farming pur2 poses.

3 NATIONAL MEDIATION BOARD

4 SALARIES AND EXPENSES

5 For expenses necessary to carry out the provisions of

6 the Railway Labor Act, as amended (45 U.S.C. 151–188),

7 including emergency boards appointed by the President,

8 $11,421,000.

9 OCCUPATIONAL SAFETY AND HEALTH REVIEW

10 COMMISSION

11 SALARIES AND EXPENSES

12 For expenses necessary for the Occupational Safety

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

14 $9,610,000.

15 RAILROAD RETIREMENT BOARD

16 DUALBENEFITS PAYMENTS ACCOUNT

17 For payment to the Dual Benefits Payments Account,

18 authorized under section 15(d) of the Railroad Retirement

19 Act of 1974, $119,000,000, which shall include amounts be20 coming available in fiscal year 2004 pursuant to section

21 224(c)(1)(B) of Public Law 98–76; and in addition, an

22 amount, not to exceed 2 percent of the amount provided

23 herein, shall be available proportional to the amount by

24 which the product of recipients and the average benefit re25 ceived exceeds $119,000,000: Provided, That the total
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1 amount provided herein shall be credited in 12 approxi2 mately equal amounts on the first day of each month in

3 the fiscal year.

4 FEDERALPAYMENTS TO THE RAILROAD RETIREMENT

5 ACCOUNTS

6 For payment to the accounts established in the Treas7 ury for the payment of benefits under the Railroad Retire8 ment Act for interest earned on unnegotiated checks,

9 $150,000, to remain available through September 30, 2005,

10 which shall be the maximum amount available for payment

11 pursuant to section 417 of Public Law 98–76.

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 $99,350,000, to be derived in such amounts as determined

17 by the Board from the railroad retirement accounts and

18 from moneys credited to the railroad unemployment insur19 ance administration fund.

20 LIMITATION ON THE OFFICE OF INSPECTOR GENERAL

21 For expenses necessary for the Office of Inspector Gen22 eral for audit, investigatory and review activities, as au23 thorized by the Inspector General Act of 1978, as amended,

24 not more than $6,322,000, to be derived from the railroad

25 retirement accounts and railroad unemployment insurance

26 account: Provided, That none of the funds made available
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1 in any other paragraph of this Act may be transferred to

2 the Office; used to carry out any such transfer; used to pro3 vide any office space, equipment, office supplies, commu4 nications facilities or services, maintenance services, or ad5 ministrative services for the Office; used to pay any salary,

6 benefit, or award for any personnel of the Office; used to

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

8 reimburse the Office for any service provided, or expense

9 incurred, by the Office: Provided further, That funds made

10 available under the heading in this Act, or subsequent De11 partments of Labor, Health and Human Services, and Edu12 cation, and Related Agencies Appropriations Acts, may be

13 used for any audit, investigation, or review of the Medicare

14 program.

15 SOCIAL SECURITY ADMINISTRATION

16 PAYMENTS TO SOCIALSECURITY TRUST FUNDS

17 For payment to the Federal Old-Age and Survivors In18 surance and the Federal Disability Insurance trust funds,

19 as provided under sections 201(m), 228(g), and 1131(b)(2)

20 of the Social Security Act, $21,658,000.

21 SUPPLEMENTAL SECURITY INCOME PROGRAM

22 For carrying out titles XI and XVI of the Social Secu23 rity Act, section 401 of Public Law 92–603, section 212

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

25 Law 95–216, including payment to the Social Security

26 trust funds for administrative expenses incurred pursuant
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1 to section 201(g)(1) of the Social Security Act,

2 $26,290,000,000, to remain available until expended: Pro3 vided, That any portion of the funds provided to a State

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

5 during that year shall be returned to the Treasury.

6 For making, after June 15 of the current fiscal year,

7 benefit payments to individuals under title XVI of the So8 cial Security Act, for unanticipated costs incurred for the

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

10 For making benefit payments under title XVI of the

11 Social Security Act for the first quarter of fiscal year 2005,

12 $12,590,000,000, to remain available until expended.

13 LIMITATION ON ADMINISTRATIVE EXPENSES

14 For necessary expenses, including the hire of two pas15 senger motor vehicles, and not to exceed $20,000 for official

16 reception and representation expenses, not more than

17 $8,410,000,000 may be expended, as authorized by section

18 201(g)(1) of the Social Security Act, from any one or all

19 of the trust funds referred to therein: Provided, That not

20 less than $1,800,000 shall be for the Social Security Advi21 sory Board: Provided further, That unobligated balances of

22 funds provided under this paragraph at the end of fiscal

23 year 2004 not needed for fiscal year 2004 shall remain

24 available until expended to invest in the Social Security

25 Administration information technology and telecommuni26 cations hardware and software infrastructure, including re-
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1 lated equipment and non-payroll administrative expenses

2 associated solely with this information technology and tele3 communications infrastructure: Provided further, That re4 imbursement to the trust funds under this heading for ex5 penditures for official time for employees of the Social Secu6 rity Administration pursuant to section 7131 of title 5,

7 United States Code, and for facilities or support services

8 for labor organizations pursuant to policies, regulations, or

9 procedures referred to in section 7135(b) of such title shall

10 be made by the Secretary of the Treasury, with interest,

11 from amounts in the general fund not otherwise appro12 priated, as soon as possible after such expenditures are

13 made: Provided further, That $107,000,000 shall not be

14 available for obligation until September 30, 2004.

15 In addition, $120,000,000 to be derived from adminis16 tration fees in excess of $5.00 per supplementary payment

17 collected pursuant to section 1616(d) of the Social Security

18 Act or section 212(b)(3) of Public Law 93–66, which shall

19 remain available until expended. To the extent that the

20 amounts collected pursuant to such section 1616(d) or

21 212(b)(3) in fiscal year 2004 exceed $120,000,000, the

22 amounts shall be available in fiscal year 2005 only to the

23 extent provided in advance in appropriations Acts.

24 From funds previously appropriated for this purpose,

25 any unobligated balances at the end of fiscal year 2003 shall
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1 be available to continue Federal-State partnerships which

2 will evaluate means to promote Medicare buy-in programs

3 targeted to elderly and disabled individuals under titles

4 XVIII and XIX of the Social Security Act.

5 OFFICE OF INSPECTOR GENERAL

6 (INCLUDING TRANSFER OF FUNDS)

7 For expenses necessary for the Office of Inspector Gen8 eral in carrying out the provisions of the Inspector General

9 Act of 1978, as amended, $20,863,000, together with not to

10 exceed $61,597,000, to be transferred and expended as au11 thorized by section 201(g)(1) of the Social Security Act from

12 the Federal Old-Age and Survivors Insurance Trust Fund

13 and the Federal Disability Insurance Trust Fund.

14 In addition, an amount not to exceed 3 percent of the

15 total provided in this appropriation may be transferred

16 from the ‘‘Limitation on Administrative Expenses’’, Social

17 Security Administration, to be merged with this account,

18 to be available for the time and purposes for which this

19 account is available: Provided, That notice of such transfers

20 shall be transmitted promptly to the Committees on Appro21 priations of the House and Senate.

22 UNITED STATES INSTITUTE OF PEACE

23 OPERATING EXPENSES

24 For necessary expenses of the United States Institute

25 of Peace as authorized in the United States Institute of

26 Peace Act, $17,200,000.
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1 TITLE V—GENERAL PROVISIONS

2 SEC. 501. The Secretaries of Labor, Health and

3 Human Services, and Education are authorized to transfer

4 unexpended balances of prior appropriations to accounts

5 corresponding to current appropriations provided in this

6 Act: Provided, That such transferred balances are used for

7 the same purpose, and for the same periods of time, for

8 which they were originally appropriated.

9 SEC. 502. No part of any appropriation contained in

10 this Act shall remain available for obligation beyond the

11 current fiscal year unless expressly so provided herein.

12 SEC. 503. (a) No part of any appropriation contained

13 in this Act shall be used, other than for normal and recog14 nized executive-legislative relationships, for publicity or

15 propaganda purposes, for the preparation, distribution, or

16 use of any kit, pamphlet, booklet, publication, radio, tele17 vision, or video presentation designed to support or defeat

18 legislation pending before the Congress or any State legisla19 ture, except in presentation to the Congress or any State

20 legislature itself.

21 (b) No part of any appropriation contained in this

22 Act shall be used to pay the salary or expenses of any grant

23 or contract recipient, or agent acting for such recipient, re24 lated to any activity designed to influence legislation or ap-
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1 propriations pending before the Congress or any State legis2 lature.

3 SEC. 504. The Secretaries of Labor and Education are

4 authorized to make available not to exceed $28,000 and

5 $20,000, respectively, from funds available for salaries and

6 expenses under titles I and III, respectively, for official re7 ception and representation expenses; the Director of the

8 Federal Mediation and Conciliation Service is authorized

9 to make available for official reception and representation

10 expenses not to exceed $5,000 from the funds available for

11 ‘‘Salaries and expenses, Federal Mediation and Concilia12 tion Service’’; and the Chairman of the National Mediation

13 Board is authorized to make available for official reception

14 and representation expenses not to exceed $5,000 from funds

15 available for ‘‘Salaries and expenses, National Mediation

16 Board’’.

17 SEC. 505. Notwithstanding any other provision of this

18 Act, no funds appropriated under this Act shall be used to

19 carry out any program of distributing sterile needles or sy20 ringes for the hypodermic injection of any illegal drug.

21 SEC. 506. (a) It is the sense of the Congress that, to

22 the greatest extent practicable, all equipment and products

23 purchased with funds made available in this Act should be

24 American-made.
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1 (b) In providing financial assistance to, or entering

2 into any contract with, any entity using funds made avail3 able in this Act, the head of each Federal agency, to the

4 greatest extent practicable, shall provide to such entity a

5 notice describing the statement made in subsection (a) by

6 the Congress.

7 (c) If it has been finally determined by a court or Fed8 eral agency that any person intentionally affixed a label

9 bearing a ‘‘Made in America’’ inscription, or any inscrip10 tion with the same meaning, to any product sold in or

11 shipped to the United States that is not made in the United

12 States, the person shall be ineligible to receive any contract

13 or subcontract made with funds made available in this Act,

14 pursuant to the debarment, suspension, and ineligibility

15 procedures described in sections 9.400 through 9.409 of title

16 48, Code of Federal Regulations.

17 SEC. 507. When issuing statements, press releases, re18 quests for proposals, bid solicitations and other documents

19 describing projects or programs funded in whole or in part

20 with Federal money, all grantees receiving Federal funds

21 included in this Act, including but not limited to State and

22 local governments and recipients of Federal research grants,

23 shall clearly state: (1) the percentage of the total costs of

24 the program or project which will be financed with Federal

25 money; (2) the dollar amount of Federal funds for the
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1 project or program; and (3) percentage and dollar amount

2 of the total costs of the project or program that will be fi3 nanced by non-governmental sources.

4 SEC. 508. (a) None of the funds appropriated under

5 this Act, and none of the funds in any trust fund to which

6 funds are appropriated under this Act, shall be expended

7 for any abortion.

8 (b) None of the funds appropriated under this Act, and

9 none of the funds in any trust fund to which funds are

10 appropriated under this Act, shall be expended for health

11 benefits coverage that includes coverage of abortion.

12 (c) The term ‘‘health benefits coverage’’ means the

13 package of services covered by a managed care provider or

14 organization pursuant to a contract or other arrangement.

15 SEC. 509. (a) The limitations established in the pre16 ceding section shall not apply to an abortion—

17 (1) if the pregnancy is the result of an act of

18 rape or incest; or

19 (2) in the case where a woman suffers from a

20 physical disorder, physical injury, or physical illness,

21 including a life-endangering physical condition

22 caused by or arising from the pregnancy itself, that

23 would, as certified by a physician, place the woman

24 in danger of death unless an abortion is performed.
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1 (b) Nothing in the preceding section shall be construed

2 as prohibiting the expenditure by a State, locality, entity,

3 or private person of State, local, or private funds (other

4 than a State’s or locality’s contribution of Medicaid match5 ing funds).

6 (c) Nothing in the preceding section shall be construed

7 as restricting the ability of any managed care provider

8 from offering abortion coverage or the ability of a State or

9 locality to contract separately with such a provider for such

10 coverage with State funds (other than a State’s or locality’s

11 contribution of Medicaid matching funds).

12 SEC. 510. (a) None of the funds made available in this

13 Act may be used for—

14 (1) the creation of a human embryo or embryos

15 for research purposes; or

16 (2) research in which a human embryo or em17 bryos are destroyed, discarded, or knowingly subjected

18 to risk of injury or death greater than that allowed

19 for research on fetuses in utero under 45 CFR

20 46.208(a)(2) and section 498(b) of the Public Health

21 Service Act (42 U.S.C. 289g(b)).

22 (b) For purposes of this section, the term ‘‘human em23 bryo or embryos’’ includes any organism, not protected as

24 a human subject under 45 CFR 46 as of the date of the

25 enactment of this Act, that is derived by fertilization, par-
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1 thenogenesis, cloning, or any other means from one or more

2 human gametes or human diploid cells.

3 SEC. 511. (a) None of the funds made available in this

4 Act may be used for any activity that promotes the legaliza5 tion of any drug or other substance included in schedule

6 I of the schedules of controlled substances established by sec7 tion 202 of the Controlled Substances Act (21 U.S.C. 812).

8 (b) The limitation in subsection (a) shall not apply

9 when there is significant medical evidence of a therapeutic

10 advantage to the use of such drug or other substance or that

11 federally sponsored clinical trials are being conducted to de12 termine therapeutic advantage.

13 SEC. 512. None of the funds made available in this

14 Act may be obligated or expended to enter into or renew

15 a contract with an entity if—

16 (1) such entity is otherwise a contractor with the

17 United States and is subject to the requirement in

18 section 4212(d) of title 38, United States Code, re19 garding submission of an annual report to the Sec20 retary of Labor concerning employment of certain vet21 erans; and

22 (2) such entity has not submitted a report as re23 quired by that section for the most recent year for

24 which such requirement was applicable to such entity.
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1 SEC. 513. None of the funds made available in this

2 Act may be used to promulgate or adopt any final standard

3 under section 1173(b) of the Social Security Act (42 U.S.C.

4 1320d–2(b)) providing for, or providing for the assignment

5 of, a unique health identifier for an individual (except in

6 an individual’s capacity as an employer or a health care

7 provider), until legislation is enacted specifically approving

8 the standard.

9 SEC. 514. None of the funds made available in this

10 Act may be transferred to any department, agency, or in11 strumentality of the United States Government, except pur12 suant to a transfer made by, or transfer authority provided

13 in, this Act or any other appropriation Act.

14 SEC. 515. (a) IN GENERAL.—Amounts made available

15 under this Act for the administrative and related expenses

16 for departmental management for the Department of Labor,

17 the Department of Health and Human Services, and the

18 Department of Education shall be reduced on a pro rata

19 basis by $52,190,000.

20 (b) LIMITATION.—The reduction required by sub21 section (a) shall not apply to the Food and Drug Adminis22 tration and the Indian Health Service.

23 SEC. 516. In addition to any amounts otherwise ap24 propriated under this Act for the Special Volunteers for
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1 Homeland Security program, there may be appropriated

2 an additional $5,000,000 for such program.

3 This Act may be cited as the ‘‘Departments of Labor,

4 Health and Human Services, and Education, and Related

5 Agencies Appropriations Act, 2004’’.

Attest:

Secretary.
108TH CONGRESS

1ST SESSION H. R. 2660

AMENDMENT