H. R. 2673—253
infectious diseases, chronic and environmental diseases, and
other health activities abroad.
SEC. 216. The Division of Federal Occupational Health may
utilize personal services contracting to employ professional manage-
ment/administrative and occupational health professionals.
SEC. 217. Notwithstanding section 409B(c) of the Public Health
Service Act regarding a limitation on the number of such grants,
funds appropriated in this Act and Acts in fiscal years thereafter
may be expended by the Director of the National Institutes of
Health to award Core Center Grants to encourage the development
of innovative multidisciplinary research and provide training con-
cerning Parkinson’s disease. Each center funded under such grants
shall be designated as a Morris K. Udall Center for Research
on Parkinson’s Disease.
SEC. 218. Not later than 90 days after the date of enactment
of this Act, the Director of the National Institutes of Health shall
submit to the appropriate committees of Congress a report that
shall—
(1) contain the recommendations of the Director concerning
the role of the National Institutes of Health in promoting
the affordability of inventions and products developed with
Federal funds; and
(2) specify whether any circumstances exist to prevent the
Director from promoting the affordability of inventions and
products developed with Federal funds.
SEC. 219. Notwithstanding any other provisions of law, funds
made available under this heading may be used to continue oper-
ating the Council on Graduate Medical Education established by
section 301 of Public Law 102–408.
SEC. 220. DESIGNATION OF SENATOR PAUL D. WELLSTONE NIH
MDCRC PROGRAM. (a) FINDINGS.—Congress finds the following:
(1) On December 18, 2001, Public Law 107–84, otherwise
known as the Muscular Dystrophy Community Assistance,
Research and Education Amendments of 2001, or the MD CARE
Act, was signed into law to provide for research and education
with respect to various forms of muscular dystrophy, including
Duchenne, Becker, limb girdle, congenital, facioscapulohumeral,
myotonic, oculopharyngeal, distal, and EmeryDreifuss muscular
dystrophies.
(2) In response to the MD CARE Act of 2001, in September
2002, the National Institutes of Health (NIH) announced its
intention to establish the Muscular Dystrophy Cooperative
Research Centers (MDCRC) program.
(3) Senator Paul D. Wellstone was a driving force behind
enactment of the MD CARE Act, which led to the establishment
of the MDCRC program.
(b) DESIGNATION.—The NIH Muscular Dystrophy Cooperative
Research Centers (MDCRC) program shall be known and designated
as the ‘‘Senator Paul D. Wellstone Muscular Dystrophy Cooperative
Research Centers’’, in honor of Senator Paul D. Wellstone who
was deceased on October 25, 2002.
(c) REFERENCES.—Any reference in a law, regulation, document,
paper, or other record of the United States to the NIH program
of Muscular Dystrophy Cooperative Research Centers shall be
deemed to be a reference to the ‘‘Senator Paul D. Wellstone Mus-
cular Dystrophy Cooperative Research Centers’’.
H. R. 2673—254
SEC. 221. (a) AUTHORITY.—Notwithstanding any other provision
of law, the Director of the National Institutes of Health may use
funds available under section 402(i) of the Public Health Service
Act (42 U.S.C. 282(i)) to enter into transactions (other than con-
tracts, cooperative agreements, or grants) to carry out research
in support of the NIH Roadmap Initiative of the Director.
(b) PEER REVIEW.—In entering into transactions under sub-
section (a), the Director of the National Institutes of Health may
utilize such peer review procedures (including consultation with
appropriate scientific experts) as the Director determines to be
appropriate to obtain assessments of scientific and technical merit.
Such procedures shall apply to such transactions in lieu of the
peer review and advisory council review procedures that would
otherwise be required under sections 301(a)(3), 405(b)(1)(B),
405(b)(2), 406(a)(3)(A), 492, and 494 of the Public Health Service
Act (42 U.S.C. 241, 284(b)(1)(B), 284(b)(2), 284a(a)(3)(A), 289a, and
289c).
SEC. 222. Section 307(c) of the Denali Commission Act of 1998
(42 U.S.C. 3121 note) is amended by striking ‘‘is authorized to
make grants’’ and inserting ‘‘is authorized to make interagency
transfers’’.
This title may be cited as the ‘‘Department of Health and
Human Services Appropriations Act, 2004’’.
TITLE III—DEPARTMENT OF EDUCATION
EDUCATION FOR THE DISADVANTAGED
For carrying out title I of the Elementary and Secondary Edu-
cation Act of 1965 (‘‘ESEA’’) and section 418A of the Higher Edu-
cation Act of 1965, $14,528,522,000, of which $6,983,169,000 shall
become available on July 1, 2004, and shall remain available
through September 30, 2005, and of which $7,383,301,000 shall
become available on October 1, 2004, and shall remain available
through September 30, 2005, for academic year 2004–2005: Pro-
vided, That $7,107,283,000 shall be available for basic grants under
section 1124: Provided further, That up to $3,500,000 of these
funds shall be available to the Secretary of Education on October
1, 2003, to obtain annually updated educational-agency-level census
poverty data from the Bureau of the Census: Provided further,
That $1,365,031,000 shall be available for concentration grants
under section 1124A: Provided further, That $1,969,843,000 shall
be available for targeted grants under section 1125: Provided fur-
ther, That $1,969,843,000 shall be available for education finance
incentive grants under section 1125A: Provided further, That
$235,000,000 shall be available for comprehensive school reform
grants under part F of the ESEA: Provided further, That from
the $8,842,000 available to carry out part E of title I, up to
$1,000,000 shall be available to the Secretary of Education to pro-
vide technical assistance to State and local educational agencies
concerning part A of title I.
IMPACT AID
For carrying out programs of financial assistance to federally
affected schools authorized by title VIII of the Elementary and
Secondary Education Act of 1965, $1,236,824,000, of which
$1,070,000,000 shall be for basic support payments under section
H. R. 2673—255
8003(b), $50,668,000 shall be for payments for children with disabil-
ities under section 8003(d), $46,208,000 shall be for construction
under section 8007 and shall remain available through September
30, 2005, $62,000,000 shall be for Federal property payments under
section 8002, and $7,948,000, to remain available until expended,
shall be for facilities maintenance under section 8008: Provided,
That $1,500,000 of the funds for section 8007 shall be available
for the local educational agencies and in the amounts specified
in the statement of the managers on the conference report accom-
panying this Act: Provided further, That, notwithstanding any other
provision of law, these funds shall remain available until expended.
SCHOOL IMPROVEMENT PROGRAMS
For carrying out school improvement activities authorized by
titles II, part B of title IV, part A and subparts 6 and 9 of part
D of title V, parts A and B of title VI, and parts B and C of
title VII of the Elementary and Secondary Education Act of 1965
(‘‘ESEA’’); the McKinney-Vento Homeless Assistance Act; and the
Civil Rights Act of 1964, $5,834,208,000, of which $4,282,199,000
shall become available on July 1, 2004, and remain available
through September 30, 2005, and of which $1,435,000,000 shall
become available on October 1, 2004, and shall remain available
through September 30, 2005, for academic year 2004–2005: Pro-
vided, That funds made available to carry out part B of title
VII of the ESEA may be used for construction, renovation and
modernization of any elementary school, secondary school, or struc-
ture related to an elementary school or secondary school, run by
the Department of Education of the State of Hawaii, that serves
a predominantly Native Hawaiian student body: Provided further,
That from the funds referred to in the preceding proviso, not less
than $1,000,000 shall be for a grant to the Department of Education
of the State of Hawaii for the activities described in such proviso:
Provided further, That funds made available to carry out part
C of title VII of the ESEA may be used for construction: Provided
further, That $391,600,000 shall be for subpart 1 of part A of
title VI of the ESEA: Provided further, That $27,821,000 shall
be available to carry out part D of title V of the ESEA: Provided
further, That no funds appropriated under this heading may be
used to carry out section 5494 under the ESEA.
INDIAN EDUCATION
For expenses necessary to carry out, to the extent not otherwise
provided, title VII, part A of the Elementary and Secondary Edu-
cation Act of 1965, $121,573,000.
INNOVATION AND IMPROVEMENT
For carrying out activities authorized by parts G and H of
title I, subpart 5 of part A and parts C and D of title II, parts
B, C, and D of title V, and section 1504 of the Elementary and
Secondary Education Act of 1965 (‘‘ESEA’’), $1,106,811,000: Pro-
vided, That $74,513,000 for continuing and new grants to dem-
onstrate effective approaches to comprehensive school reform shall
become available on July 1, 2004, and remain available through
September 30, 2005, and shall be allocated and expended in the
same manner as the funds provided under the Fund for the
H. R. 2673—256
Improvement of Education for this purpose were allocated and
expended in fiscal year 2003: Provided further, That $18,500,000
shall be available to carry out section 2151(c) of the ESEA, of
which not less than $10,000,000 shall be provided to the National
Board for Professional Teaching Standards, not less than $7,000,000
shall be provided to the National Council on Teacher Quality,
and up to $1,500,000 may be reserved by the Secretary to conduct
an evaluation of activities authorized by such section: Provided
further, That $430,463,000 shall be available to carry out part
D of title V of the ESEA: Provided further, That $177,271,000
of the funds for subpart 1, part D of title V of the ESEA shall
be available for the projects and in the amounts specified in the
statement of the managers on the conference report accompanying
this Act.
SAFE SCHOOLS AND CITIZENSHIP EDUCATION
For carrying out activities authorized by subpart 3 of part
C of title II, part A of title IV, and subparts 2, 3 and 10 of
part D of title V of the Elementary and Secondary Education
Act of 1965 (‘‘ESEA’’), title VIII–D of the Higher Education Amend-
ments of 1998, and Public Law 102–73, $862,813,000, of which
$470,483,000 shall become available on July 1, 2004, and remain
available through September 30, 2005: Provided, That of the amount
available for subpart 2 of part A of title IV of the ESEA, $850,000
shall be used to continue the National Recognition Awards program
under the same guidelines outlined by section 120(f) of Public
Law 105–244: Provided further, That $445,483,000 shall be avail-
able for subpart 1 of part A of title IV and $234,680,000 shall
be available for subpart 2 of part A of title IV: Provided further,
That $128,838,000 shall be available to carry out part D of title
V of the ESEA: Provided further, That of the funds available to
carry out subpart 3 of part C of title II, up to $11,922,000 may
be used to carry out section 2345 and $2,980,000 shall be used
by the Center for Civic Education to implement a comprehensive
program to improve public knowledge, understanding, and support
of the Congress and the State legislatures: Provided further, That
$25,000,000 shall be for Youth Offender Grants, of which $5,000,000
shall be used in accordance with section 601 of Public Law 102–
73 as that section was in effect prior to enactment of Public Law
105–220.
ENGLISH LANGUAGE ACQUISITION
For carrying out part A of title III of the ESEA, $685,258,000,
of which $560,301,000 shall become available on July 1, 2004,
and shall remain available through September 30, 2005: Provided,
That notwithstanding section 3111(c)(4)(B)(ii), the Secretary may,
in determining the allotments under section 3111(c)(3), use the
same Census data for the number of limited English proficient
children and youth used for the previous year’s allotments under
section 3111(c)(3) and the most recent data collected from States
for the number of immigrant children and youth that is acceptable
to the Secretary: Provided further, That funds reserved under sec-
tion 3111(c)(1)(D) of the ESEA that are not used in accordance
with section 3111(c)(2) may be added to the funds that are available
July 1, 2004 through September 30, 2005, for State allotments
under section 3111(c)(3).