funds required by the certification described in subsection
(a) as late as July 31, 2004.
(e) None of the funds appropriated by this Act may
be used to withhold substance abuse funding pursuant to
section 1926 from a territory that receives less than
$1,000,000.
SEC. 214. In order for the Centers for Disease Con-
trol and Prevention to carry out international health ac-
tivities, including HIV/AIDS and other infectious disease,
chronic and environmental disease, and other health ac-
tivities abroad during fiscal year 2004, the Secretary of
Health and Human Services is authorized to provide such
funds by advance or reimbursement to the Secretary of
State as may be necessary to pay the costs of acquisition,
lease, alteration, renovation, and management of facilities
outside of the United States for the use of the Department
of Health and Human Services. The Department of State
shall cooperate fully with the Secretary of Health and
Human Services to ensure that the Department of Health
and Human Services has secure, safe, functional facilities
that comply with applicable regulation governing location,
setback, and other facilities requirements and serve the
purposes established by this Act. The Secretary of Health
and Human Services is authorized, in consultation with
the Secretary of State, through grant or cooperative agree-
ment, to make available to public or nonprofit private in-
stitutions or agencies in participating foreign countries,
funds to acquire, lease, alter, or renovate facilities in those
countries as necessary to conduct programs of assistance
for international health activities, including activities re-
lating to HIV/AIDS and other infectious diseases, chronic
and environmental diseases, and other health activities
abroad.
SEC. 215. (a) In addition to the authority provided
in section 214, in order for the Centers for Disease Con-
trol and Prevention to carry out international health ac-
tivities, including HIV/AIDS and other infectious disease,
chronic and environmental disease, and other health ac-
tivities abroad during fiscal year 2004, the Secretary of
Health and Human Services may exercise authority equiv-
alent to that available to the Secretary of State in section
2(c) of the State Department Basic Authorities Act of
1956 (22 U.S.C. 2669(c)).
(b) The Secretary of Health and Human Services
shall consult with the Secretary of State and relevant
Chief of Mission to ensure that the authority provided in
this section is excercised in a manner consistent with sec-
tion 207 of the Foreign Service Act of 1980 (22 U.S.C.
3927) and other applicable statutes administered by the
Department of State.
SEC. 216. The Division of Federal Occupational
Health may utilize personal services contracting to employ
professional management/administrative and occupational
health professionals.
SEC. 217. CMS PROGRAM
MANAGEMENT
AC-
COUNT.—The amount otherwise provided by this Act for
‘‘Centers for Medicare and Medicaid Services—Program
Management’’ is hereby reduced by $98,000,000.
SEC. 218. The amount appropriated in this Act for
‘‘Centers for Disease Control and Prevention—Disease
Control, Research, and Training’’ is hereby reduced by
$49,982,000, to be derived from the amounts made avail-
able for administrative and related information technology
expenses: Provided, That the Director of the Centers for
Disease Control and Prevention shall determine the alloca-
tion of the reduction among Agency activities, and shall
submit to the Committees on Appropriations a report
specifying the proposed allocation.
TITLE III—DEPARTMENT OF EDUCATION
EDUCATION FOR THE DISADVANTAGED
For carrying out title I of the Elementary and Sec-
ondary Education Act of 1965 (‘‘ESEA’’) and section
418A 
of 
the 
Higher 
Education 
Act 
of 
1965,
$14,507,000,000, of which $6,943,199,000 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: Provided, That
$7,172,971,000 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 Edu-
cation on October 1, 2003, to obtain 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 $3,018,499,000 shall be available
for targeted grants under section 1125: Provided further,
That $793,499,000 shall be available for education fi-
nance incentive grants under section 1125A: Provided fur-
ther, That $235,000,000 shall be available for comprehen-
sive school reform grants under part F of the ESEA: Pro-
vided further, That from the $9,500,000 available to carry
out part E of title I, up to $1,000,000 shall be available
to the Secretary of Education to provide technical assist-
ance 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,
$1,238,324,000, of which $1,073,000,000 shall be for
basic 
support 
payments 
under 
section 
8003(b),
$50,668,000 shall be for payments for children with dis-
abilities under section 8003(d), $44,708,000 shall be for
construction under section 8007 and shall remain avail-
able 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.
SCHOOL IMPROVEMENT PROGRAMS
For carrying out school improvement activities au-
thorized by titles II, part B of title IV, part A and subpart
6 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 Sec-
ondary Education Act of 1965 (‘‘ESEA’’); the McKinney-
Vento Homeless Assistance Act; and the Civil Rights Act
of 1964, $5,797,637,000, of which $4,296,772,000 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: Provided, That
$390,000,000 shall be for subpart l of part A of title VI
of the ESEA: Provided further, That no funds appro-
priated under this heading may be used to carry out sec-
tion 5494 under the Elementary and Secondary Education
Act.
INDIAN EDUCATION
For expenses necessary to carry out, to the extent
not otherwise provided, title VII, part A of the Elementary
and Secondary Education Act of 1965, $121,573,000.
INNOVATION AND IMPROVEMENT
For carrying out activities authorized by part G of
title I, parts A, C, and D of title II, parts B, C, and D
of title V, and section 1504 of the Elementary and Sec-
ondary Education Act of 1965, $807,959,000: Provided,
That $74,513,000 for continuing and new grants to dem-
onstrate effective approaches to comprehensive school re-
form shall become available on July 1, 2004, and remain
available through September 30, 2005, and shall be allo-
cated and expended in the same manner as the funds pro-
vided under the Fund for the Improvement of Education
for this purpose were allocated and expended in fiscal year
2003: Provided further, That up to $1,500,000 of the
funds provided under the Advanced Credentialling pro-
gram may be reserved by the Secretary to conduct an eval-
uation of the program.
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 Sec-
ondary Education Act of 1965, $820,068,000 (increased
by $5,000,000), of which $138,949,000 shall become
available on July 1, 2004 and remain available through
September 30, 2005, and of which $330,000,000 shall be-
come available on October 1, 2004 and shall remain avail-
able through September 30, 2005 for academic year
2004–2005: Provided, That of the funds available to carry
out subpart 3 of part C of title II, up to $12,000,000
may be used to carry out section 2345: Provided further,
That of the funds available for subpart 2 of part A of
title IV, $4,968,000 (increased by $5,000,000), to remain
available until expended, shall be for the Project School
Emergency Response to Violence program to provide edu-
cation-related services to local educational agencies in
which the learning environment has been disrupted due
to a violent or traumatic crisis.
ENGLISH LANGUAGE ACQUISITION
For carrying out title III, part A of the ESEA,
$685,515,000, of which $560,543,000 shall become avail-
able on July 1, 2004, and shall remain available through
September 30, 2005.
SPECIAL EDUCATION
For carrying out the Individuals with Disabilities
Education 
Act, 
$11,049,790,000, 
of 
which
$5,690,762,000 shall become available for obligation on
July 1, 2004, and shall remain available through Sep-
tember 30, 2005, and of which $5,072,000,000 shall be-
come available on October 1, 2004, and shall remain avail-
able through September 30, 2005, for academic year
2004–2005: Provided, That $11,400,000 shall be for Re-
cording for the Blind and Dyslexic to support the develop-
ment, production, and circulation of recorded educational
materials: Provided further, That the amount for section
611(c) of the Act shall be equal to the amount available
for that section during fiscal year 2003 increased by the
amount of inflation as specified in section 611(f)(1)(B)(ii)
of the Act.
REHABILITATION SERVICES AND DISABILITY RESEARCH
For carrying out, to the extent not otherwise pro-
vided, the Rehabilitation Act of 1973, the Assistive Tech-
nology Act of 1998, and the Helen Keller National Center
Act, $2,999,165,000.
SPECIAL INSTITUTIONS FOR PERSONS WITH
DISABILITIES
AMERICAN PRINTING HOUSE FOR THE BLIND
For carrying out the Act of March 3, 1879, as
amended (20 U.S.C. 101 et seq.), $16,500,000.
NATIONAL TECHNICAL INSTITUTE FOR THE DEAF
For the National Technical Institute for the Deaf
under titles I and II of the Education of the Deaf Act
of 1986 (20 U.S.C. 4301 et seq.), $53,867,000, of which
$367,000 shall be for construction and shall remain avail-
able until expended: Provided, That from the total amount
available, the Institute may at its discretion use funds for
the endowment program as authorized under section 207.
GALLAUDET UNIVERSITY
For the Kendall Demonstration Elementary School,
the Model Secondary School for the Deaf, and the partial
support of Gallaudet University under titles I and II of
the Education of the Deaf Act of 1986 (20 U.S.C. 4301
et seq.), $100,600,000: Provided, That from the total
amount available, the University may at its discretion use
funds for the endowment program as authorized under
section 207.
VOCATIONAL AND ADULT EDUCATION
For carrying out, to the extent not otherwise pro-
vided, the Carl D. Perkins Vocational and Applied Tech-
nology Education Act, and the Adult Education and Fam-
ily Literacy Act, and subpart 4 of part D of title V of
the Elementary and Secondary Education Act of 1965, as
amended, $2,094,475,000, of which $1,294,725,000 shall
become available on July 1, 2004 and shall remain avail-
able through September 30, 2005 and of which
$791,000,000 shall become available on October 1, 2004
and shall remain available through September 30, 2005:
Provided, That of the amount provided for Adult Edu-
cation State Grants, $70,000,000 shall be made available
for integrated English literacy and civics education serv-
ices to immigrants and other limited English proficient
populations: Provided further, That of the amount re-
served for integrated English literacy and civics education,
notwithstanding section 211 of the Adult Education and
Family Literacy Act, 65 percent shall be allocated to
States based on a State’s absolute need as determined by
calculating each State’s share of a 10-year average of the
Immigration and Naturalization Service data for immi-
grants admitted for legal permanent residence for the 10
most recent years, and 35 percent allocated to States that
experienced growth as measured by the average of the 3
most recent years for which Immigration and Naturaliza-
tion Service data for immigrants admitted for legal perma-
nent residence are available, except that no State shall be
allocated an amount less than $60,000: Provided further,
That of the amounts made available for the Adult Edu-
cation and Family Literacy Act, $9,438,000 shall be for
national leadership activities under section 243 and
$6,517,000 shall be for the National Institute for Literacy
under section 242: Provided further, That $175,000,000
shall be available to support the activities authorized
under subpart 4 of part D of title V of the ESEA, of which
up to 5 percent shall become available October 1, 2003,
for evaluation, technical assistance, school networking,
peer review of applications, and program outreach activi-
ties and of which not less than 95 percent shall become
available on July 1, 2004, and remain available through
September 30, 2005, for grants to local educational agen-
cies: Provided further, That funds made available to local
educational agencies under this subpart shall be used only
for activities related to establishing smaller learning com-
munities in high schools.
STUDENT FINANCIAL ASSISTANCE
For carrying out subparts 1, 3 and 4 of part A, sec-
tion 428K, part C and part E of title IV of the Higher
Education Act of 1965, as amended, $14,247,432,000,
which shall remain available through September 30, 2005.
The maximum Pell Grant for which a student shall
be eligible during award year 2004–2005 shall be $4,050.
STUDENT AID ADMINISTRATION
For Federal administrative expenses (in addition to
funds made available under section 458), to carry out part
D of title I, and subparts 1, 3, and 4 of part A, and parts
B, C, D and E of title IV of the Higher Education Act
of 1965, as amended, $120,010,000.
HIGHER EDUCATION
For carrying out, to the extent not otherwise pro-
vided, section 121 and titles II, III, IV, V, VI, and VII
of the Higher Education Act of 1965 (‘‘HEA’’), as amend-
ed, section 1543 of the Higher Education Amendments
of 1992, title VIII of the Higher Education Amendments
of 1998, section 117 of the Carl D. Perkins Vocational
and Technical Education Act, and the Mutual Educational
and Cultural Exchange Act of 1961, $1,985,991,000 (re-
duced by $5,000,000), of which $2,000,000 for interest
subsidies authorized by section 121 of the HEA shall re-
main available until expended: Provided, That $9,935,000,
to remain available through September 30, 2005, shall be
available to fund fellowships for academic year 2005–2006
under part A, subpart 1 of title VII of said Act, under
the terms and conditions of part A, subpart 1: Provided
further, That $994,000 is for data collection and evalua-
tion activities for programs under the HEA, including
such activities needed to comply with the Government Per-
formance and Results Act of 1993: Provided further, That
notwithstanding any other provision of law, funds made
available in this Act to carry out title VI of the HEA and
section 102(b)(6) of the Mutual Educational and Cultural
Exchange Act of 1961 may be used to support visits and
study in foreign countries by individuals who are partici-
pating in advanced foreign language training and inter-
national studies in areas that are vital to United States
national security and who plan to apply their language
skills and knowledge of these countries in the fields of gov-
ernment, the professions, or international development:
Provided further, That up to one percent of the funds re-
ferred to in the preceding proviso may be used for pro-
gram evaluation, national outreach, and information dis-
semination activities.
HOWARD UNIVERSITY
For partial support of Howard University (20 U.S.C.
121 et seq.), $242,770,000, of which not less than
$3,600,000 shall be for a matching endowment grant pur-
suant to the Howard University Endowment Act (Public
Law 98–480) and shall remain available until expended.
COLLEGE HOUSING AND ACADEMIC FACILITIES LOANS
PROGRAM
For Federal administrative expenses authorized
under section 121 of the Higher Education Act of 1965,
$774,000 to carry out activities related to existing facility
loans entered into under the Higher Education Act of
1965.
HISTORICALLY BLACK COLLEGE AND UNIVERSITY
CAPITAL FINANCING PROGRAM ACCOUNT
The aggregate principal amount of outstanding bonds
insured pursuant to section 344 of title III, part D of the
Higher Education Act of 1965, shall not exceed
$357,000,000, and the cost, as defined in section 502 of
the Congressional Budget Act of 1974, of such bonds shall
not exceed zero.
For administrative expenses to carry out the Histori-
cally Black College and University Capital Financing Pro-
gram entered into pursuant to title III, part D of the
Higher Education Act of 1965, as amended, $210,000.
INSTITUTE OF EDUCATION SCIENCES
For carrying out activities authorized by Public Law
107–279, $500,599,000: Provided, That of the amount
appropriated, $185,000,000 shall be available for obliga-
tion through September 30, 2005.
DEPARTMENTAL MANAGEMENT
PROGRAM ADMINISTRATION
For carrying out, to the extent not otherwise pro-
vided, the Department of Education Organization Act, in-
cluding rental of conference rooms in the District of Co-
lumbia and hire of three passenger motor vehicles,
$434,494,000, of which $13,644,000, to remain available
until expended, shall be for building alterations and re-
lated expenses for the relocation of Department staff to
Potomac Center Plaza in Washington, D.C.
OFFICE FOR CIVIL RIGHTS
For expenses necessary for the Office for Civil
Rights, as authorized by section 203 of the Department
of Education Organization Act, $91,275,000.
OFFICE OF THE INSPECTOR GENERAL
For expenses necessary for the Office of the Inspector
General, as authorized by section 212 of the Department
of Education Organization Act, $48,137,000.
GENERAL PROVISIONS
SEC. 301. No funds appropriated in this Act may be
used for the transportation of students or teachers (or for
the purchase of equipment for such transportation) in
order to overcome racial imbalance in any school or school
system, or for the transportation of students or teachers
(or for the purchase of equipment for such transportation)
in order to carry out a plan of racial desegregation of any
school or school system.
SEC. 302. None of the funds contained in this Act
shall be used to require, directly or indirectly, the trans-
portation of any student to a school other than the school
which is nearest the student’s home, except for a student
requiring special education, to the school offering such
special education, in order to comply with title VI of the
Civil Rights Act of 1964. For the purpose of this section
an indirect requirement of transportation of students in-
cludes the transportation of students to carry out a plan
involving the reorganization of the grade structure of
schools, the pairing of schools, or the clustering of schools,
or any combination of grade restructuring, pairing or clus-
tering. The prohibition described in this section does not
include the establishment of magnet schools.
SEC. 303. No funds appropriated under this Act may
be used to prevent the implementation of programs of vol-
untary prayer and meditation in the public schools.
(TRANSFER OF FUNDS)
SEC. 304. Not to exceed 1 percent of any discre-
tionary funds (pursuant to the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended)
which are appropriated for the Department of Education
in this Act may be transferred between appropriations, but
no such appropriation shall be increased by more than 3
percent by any such transfer: Provided, That the Appro-
priations Committees of both Houses of Congress are noti-
fied at least 15 days in advance of any transfer.
This title may be cited as the ‘‘Department of Edu-
cation Appropriations Act, 2004’’.
TITLE IV—RELATED AGENCIES
ARMED FORCES RETIREMENT HOME
For expenses necessary for the Armed Forces Retire-
ment Home to operate and maintain the Armed Forces
Retirement Home—Washington and the Armed Forces
Retirement Home—Gulfport, to be paid from funds avail-
able in the Armed Forces Retirement Home Trust Fund,
$65,279,000, of which $1,983,000 shall remain available
until expended for construction and renovation of the
physical plants at the Armed Forces Retirement Home—
Washington and the Armed Forces Retirement Home—
Gulfport.
CORPORATION FOR NATIONAL AND COMMUNITY SERVICE
DOMESTIC VOLUNTEER SERVICE PROGRAMS, OPERATING
EXPENSES
For expenses necessary for the Corporation for Na-
tional and Community Service to carry out the provisions
of the Domestic Volunteer Service Act of 1973, as amend-
ed, $352,836,000: Provided, That none of the funds made
available to the Corporation for National and Community
Service in this Act for activities authorized by section 122
of part C of title I and part E of title II of the Domestic
Volunteer Service Act of 1973 shall be used to provide
stipends or other monetary incentives to volunteers or vol-
unteer leaders whose incomes exceed 125 percent of the
national poverty level.
CORPORATION FOR PUBLIC BROADCASTING
For payment to the Corporation for Public Broad-
casting, as authorized by the Communications Act of
1934, an amount which shall be available within limita-
tions specified by that Act, for the fiscal year 2006,
$330,000,000: Provided, That no funds made available to
the Corporation for Public Broadcasting by this Act shall
be used to pay for receptions, parties, or similar forms
of entertainment for Government officials or employees:
Provided further, That none of the funds contained in this
paragraph shall be available or used to aid or support any
program or activity from which any person is excluded,
or is denied benefits, or is discriminated against, on the
basis of race, color, national origin, religion, or sex.
Of the amounts made available to the Corporation for
Public Broadcasting for fiscal year 2004 by Public Law
107–116, up to $80,000,000 is available for grants associ-
ated with the transition of public broadcasting to digital
broadcasting, including costs related to transmission
equipment and program production, development, and dis-
tribution, to be awarded as determinded by the Corpora-
tion in consultation with public radio and television licens-
ees or permittees, or their designated representatives; and
up to $20,000,000 is available pursuant to section
396(k)(10) of the Communications Act of 1934, as
amended, for replacement and upgrade of the public tele-
vision interconnection system: Provided, That section
396(k)(3) shall apply only to amounts remaining after al-
locations made herein.
FEDERAL MEDIATION AND CONCILIATION SERVICE
SALARIES AND EXPENSES
For expenses necessary for the Federal Mediation
and Conciliation Service to carry out the functions vested
in it by the Labor Management Relations Act, 1947 (29
U.S.C. 171–180, 182–183), including hire of passenger
motor vehicles; for expenses necessary for the Labor-Man-
agement Cooperation Act of 1978 (29 U.S.C. 175a); and
for expenses necessary for the Service to carry out the
functions vested in it by the Civil Service Reform Act,
Public Law 95–454 (5 U.S.C. ch. 71), $43,385,000, in-
cluding $1,500,000, to remain available through Sep-
tember 30, 2005, for activities authorized by the Labor-
Management Cooperation Act of 1978 (29 U.S.C. 175a):
Provided, That notwithstanding 31 U.S.C. 3302, fees
charged, up to full-cost recovery, for special training ac-
tivities and other conflict resolution services and technical
assistance, including those provided to foreign govern-
ments and international organizations, and for arbitration
services shall be credited to and merged with this account,
and shall remain available until expended: Provided fur-
ther, That fees for arbitration services shall be available
only for education, training, and professional development
of the agency workforce: Provided further, That the Direc-
tor of the Service is authorized to accept and use on behalf
of the United States gifts of services and real, personal,
or other property in the aid of any projects or functions
within the Director’s jurisdiction.
FEDERAL MINE SAFETY AND HEALTH REVIEW
COMMISSION
SALARIES AND EXPENSES
For expenses necessary for the Federal Mine Safety
and Health Review Commission (30 U.S.C. 801 et seq.),
$7,774,000.
INSTITUTE OF MUSEUM AND LIBRARY SERVICES
For carrying out the Museum and Library Services
Act of 1996, $238,126,000 to remain available until ex-
pended.
MEDICARE PAYMENT ADVISORY COMMISSION
SALARIES AND EXPENSES
For expenses necessary to carry out section 1805 of
the Social Security Act, $9,000,000, to be transferred to
this appropriation from the Federal Hospital Insurance
and the Federal Supplementary Medical Insurance Trust
Funds.
NATIONAL COMMISSION ON LIBRARIES AND
INFORMATION SCIENCE
SALARIES AND EXPENSES
For necessary expenses for the National Commission
on Libraries and Information Science, established by the
Act of July 20, 1970 (Public Law 91–345, as amended),
$1,000,000.
NATIONAL COUNCIL ON DISABILITY
SALARIES AND EXPENSES
For expenses necessary for the National Council on
Disability as authorized by title IV of the Rehabilitation
Act of 1973, as amended, $2,830,000.
NATIONAL LABOR RELATIONS BOARD
SALARIES AND EXPENSES
For expenses necessary for the National Labor Rela-
tions Board to carry out the functions vested in it by the
Labor-Management Relations Act, 1947, as amended (29
U.S.C. 141–167), and other laws, $239,429,000: Pro-
vided, That no part of this appropriation shall be available
to organize or assist in organizing agricultural laborers or
used in connection with investigations, hearings, direc-
tives, or orders concerning bargaining units composed of
agricultural laborers as referred to in section 2(3) of the
Act of July 5, 1935 (29 U.S.C. 152), and as amended
by the Labor-Management Relations Act, 1947, as amend-
ed, and as defined in section 3(f) of the Act of June 25,
1938 (29 U.S.C. 203), and including in said definition em-
ployees engaged in the maintenance and operation of
ditches, canals, reservoirs, and waterways when main-
tained or operated on a mutual, nonprofit basis and at
least 95 percent of the water stored or supplied thereby
is used for farming purposes.
NATIONAL MEDIATION BOARD
SALARIES AND EXPENSES
For expenses necessary to carry out the provisions
of the Railway Labor Act, as amended (45 U.S.C. 151–
188), including emergency boards appointed by the Presi-
dent, $11,421,000.
OCCUPATIONAL SAFETY AND HEALTH REVIEW
COMMISSION
SALARIES AND EXPENSES
For expenses necessary for the Occupational Safety
and Health Review Commission (29 U.S.C. 661),
$10,115,000.
RAILROAD RETIREMENT BOARD
DUAL BENEFITS PAYMENTS ACCOUNT
For payment to the Dual Benefits Payments Ac-
count, authorized under section 15(d) of the Railroad Re-
tirement Act of 1974, $119,000,000, which shall include
amounts becoming available in fiscal year 2004 pursuant
to section 224(c)(1)(B) of Public Law 98–76; and in addi-
tion, an amount, not to exceed 2 percent of the amount
provided herein, shall be available proportional to the
amount by which the product of recipients and the average
benefit received exceeds $119,000,000: Provided, That the
total amount provided herein shall be credited in 12 ap-
proximately equal amounts on the first day of each month
in the fiscal year.
FEDERAL PAYMENTS TO THE RAILROAD RETIREMENT
ACCOUNTS
For payment to the accounts established in the
Treasury for the payment of benefits under the Railroad
Retirement Act for interest earned on unnegotiated
checks, $150,000, to remain available through September
30, 2005, which shall be the maximum amount available
for payment pursuant to section 417 of Public Law 98–
76.
LIMITATION ON ADMINISTRATION
For necessary expenses for the Railroad Retirement
Board for administration of the Railroad Retirement Act
and 
the 
Railroad 
Unemployment 
Insurance 
Act,
$101,300,000, to be derived in such amounts as deter-
mined by the Board from the railroad retirement accounts
and from moneys credited to the railroad unemployment
insurance administration fund.
LIMITATION ON THE OFFICE OF INSPECTOR GENERAL
For expenses necessary for the Office of Inspector
General for audit, investigatory and review activities, as
authorized by the Inspector General Act of 1978, as
amended, not more than $6,600,000, to be derived from
the railroad retirement accounts and railroad unemploy-
ment insurance account: Provided, That none of the funds
made available in any other paragraph of this Act may
be transferred to the Office; used to carry out any such
transfer; used to provide any office space, equipment, of-
fice supplies, communications facilities or services, mainte-
nance services, or administrative services for the Office;
used to pay any salary, benefit, or award for any personnel
of the Office; used to pay any other operating expense of
the Office; or used to reimburse the Office for any service
provided, or expense incurred, by the Office.
SOCIAL SECURITY ADMINISTRATION
PAYMENTS TO SOCIAL SECURITY TRUST FUNDS
For payment to the Federal Old-Age and Survivors
Insurance and the Federal Disability Insurance trust
funds, as provided under sections 201(m), 228(g), and
1131(b)(2) of the Social Security Act, $21,658,000.
SUPPLEMENTAL SECURITY INCOME PROGRAM
For carrying out titles XI and XVI of the Social Se-
curity Act, section 401 of Public Law 92–603, section 212
of Public Law 93–66, as amended, and section 405 of
Public Law 95–216, including payment to the Social Secu-
rity trust funds for administrative expenses incurred pur-
suant to section 201(g)(1) of the Social Security Act,
$26,221,300,000, to remain available until expended: Pro-
vided, That any portion of the funds provided to a State
in the current fiscal year and not obligated by the State
during that year shall be returned to the Treasury.
For making, after June 15 of the current fiscal year,
benefit payments to individuals under title XVI of the So-
cial Security Act, for unanticipated costs incurred for the
current fiscal year, such sums as may be necessary.
For making benefit payments under title XVI of the
Social Security Act for the first quarter of fiscal year
2005, $12,590,000,000, to remain available until ex-
pended.
LIMITATION ON ADMINISTRATIVE EXPENSES
For necessary expenses, including the hire of two pas-
senger motor vehicles, and not to exceed $15,000 for offi-
cial reception and representation expenses, not more than
$8,241,800,000 may be expended, as authorized by sec-
tion 201(g)(1) of the Social Security Act, from any one
or all of the trust funds referred to therein: Provided, That
not less than $1,800,000 shall be for the Social Security
Advisory Board: Provided further, That unobligated
balances of funds provided under this paragraph at the
end of fiscal year 2004 not needed for fiscal year 2004
shall remain available until expended to invest in the So-
cial Security Administration information technology and
telecommunications hardware and software infrastructure,
including related equipment and non-payroll administra-
tive expenses associated solely with this information tech-
nology and telecommunications infrastructure: Provided
further, That reimbursement to the trust funds under this
heading for expenditures for official time for employees
of the Social Security Administration pursuant to section
7131 of title 5, United States Code, and for facilities or
support services for labor organizations pursuant to poli-
cies, regulations, or procedures referred to in section
7135(b) of such title shall be made by the Secretary of
the Treasury, with interest, from amounts in the general
fund not otherwise appropriated, as soon as possible after
such expenditures are made.
In addition, $120,000,000 to be derived from admin-
istration fees in excess of $5.00 per supplementary pay-
ment collected pursuant to section 1616(d) of the Social
Security Act or section 212(b)(3) of Public Law 93–66,
which shall remain available until expended. To the extent
that the amounts collected pursuant to such section
1616(d) or 212(b)(3) in fiscal year 2004 exceed
$120,000,000, the amounts shall be available in fiscal year
2005 only to the extent provided in advance in appropria-
tions Acts.
From funds previously appropriated for this purpose,
any unobligated balances at the end of fiscal year 2003
shall be available to continue Federal-State partnerships
which will evaluate means to promote Medicare buy-in pro-
grams targeted to elderly and disabled individuals under
titles XVIII and XIX of the Social Security Act.
OFFICE OF INSPECTOR GENERAL
(INCLUDING TRANSFER OF FUNDS)
For expenses necessary for the Office of Inspector
General in carrying out the provisions of the Inspector
General Act of 1978, as amended, $24,500,000, together
with not to exceed $63,700,000, to be transferred and ex-
pended as authorized by section 201(g)(1) of the Social
Security Act from the Federal Old-Age and Survivors In-
surance Trust Fund and the Federal Disability Insurance
Trust Fund.
In addition, an amount not to exceed 3 percent of
the total provided in this appropriation may be transferred
from the ‘‘Limitation on Administrative Expenses’’, Social
Security Administration, to be merged with this account,
to be available for the time and purposes for which this
account is available: Provided, That notice of such trans-
fers shall be transmitted promptly to the Committees on
Appropriations of the House and Senate.
UNITED STATES INSTITUTE OF PEACE
OPERATING EXPENSES
For necessary expenses of the United States Institute
of Peace as authorized in the United States Institute of
Peace Act, $17,200,000.
TITLE V—GENERAL PROVISIONS
SEC. 501. The Secretaries of Labor, Health and
Human Services, and Education are authorized to transfer
unexpended balances of prior appropriations to accounts
corresponding to current appropriations provided in this
Act: Provided, That such transferred balances are used for
the same purpose, and for the same periods of time, for
which they were originally appropriated.
SEC. 502. No part of any appropriation contained in
this Act shall remain available for obligation beyond the
current fiscal year unless expressly so provided herein.
SEC. 503. (a) No part of any appropriation contained
in this Act shall be used, other than for normal and recog-
nized executive-legislative relationships, for publicity or
propaganda purposes, for the preparation, distribution, or
use of any kit, pamphlet, booklet, publication, radio, tele-
vision, or video presentation designed to support or defeat
legislation pending before the Congress or any State legis-
lature, except in presentation to the Congress or any State
legislature itself.
(b) No part of any appropriation contained in this
Act shall be used to pay the salary or expenses of any
grant or contract recipient, or agent acting for such recipi-
ent, related to any activity designed to influence legislation
or appropriations pending before the Congress or any
State legislature.
SEC. 504. The Secretaries of Labor and Education
are authorized to make available not to exceed $28,000
and $20,000, respectively, from funds available for sala-
ries and expenses under titles I and III, respectively, for
official reception and representation expenses; the Direc-
tor of the Federal Mediation and Conciliation Service is
authorized to make available for official reception and rep-
resentation expenses not to exceed $5,000 from the funds
available for ‘‘Salaries and expenses, Federal Mediation
and Conciliation Service’’; and the Chairman of the Na-
tional Mediation Board is authorized to make available for
official reception and representation expenses not to ex-
ceed $5,000 from funds available for ‘‘Salaries and ex-
penses, National Mediation Board’’.
SEC. 505. Notwithstanding any other provision of
this Act, no funds appropriated under this Act shall be
used to carry out any program of distributing sterile nee-
dles or syringes for the hypodermic injection of any illegal
drug.
SEC. 506. (a) It is the sense of the Congress that,
to the greatest extent practicable, all equipment and prod-
ucts purchased with funds made available in this Act
should be American-made.
(b) In providing financial assistance to, or entering
into any contract with, any entity using funds made avail-
able in this Act, the head of each Federal agency, to the
greatest extent practicable, shall provide to such entity a
notice describing the statement made in subsection (a) by
the Congress.
(c) If it has been finally determined by a court or
Federal agency that any person intentionally affixed a
label bearing a ‘‘Made in America’’ inscription, or any in-
scription with the same meaning, to any product sold in
or shipped to the United States that is not made in the
United States, the person shall be ineligible to receive any
contract or subcontract made with funds made available
in this Act, pursuant to the debarment, suspension, and
ineligibility procedures described in sections 9.400 through
9.409 of title 48, Code of Federal Regulations.
SEC. 507. When issuing statements, press releases,
requests for proposals, bid solicitations and other docu-
ments describing projects or programs funded in whole or
in part with Federal money, all grantees receiving Federal
funds included in this Act, including but not limited to
State and local governments and recipients of Federal re-
search grants, shall clearly state: (1) the percentage of the
total costs of the program or project which will be financed
with Federal money; (2) the dollar amount of Federal
funds for the project or program; and (3) percentage and
dollar amount of the total costs of the project or program
that will be financed by non-governmental sources.
SEC. 508. (a) None of the funds appropriated under
this Act, and none of the funds in any trust fund to which
funds are appropriated under this Act, shall be expended
for any abortion.
(b) None of the funds appropriated under this Act,
and none of the funds in any trust fund to which funds
are appropriated under this Act, shall be expended for
health benefits coverage that includes coverage of abor-
tion.
(c) The term ‘‘health benefits coverage’’ means the
package of services covered by a managed care provider
or organization pursuant to a contract or other arrange-
ment.
SEC. 509. (a) The limitations established in the pre-
ceding section shall not apply to an abortion—
(1) if the pregnancy is the result of an act of
rape or incest; or
(2) in the case where a woman suffers from a
physical disorder, physical injury, or physical illness,
including a life-endangering physical condition
caused by or arising from the pregnancy itself, that
would, as certified by a physician, place the woman
in danger of death unless an abortion is performed.
(b) Nothing in the preceding section shall be con-
strued as prohibiting the expenditure by a State, locality,
entity, or private person of State, local, or private funds
(other than a State’s or locality’s contribution of Medicaid
matching funds).
(c) Nothing in the preceding section shall be con-
strued as restricting the ability of any managed care pro-
vider from offering abortion coverage or the ability of a
State or locality to contract separately with such a pro-
vider for such coverage with State funds (other than a
State’s or locality’s contribution of Medicaid matching
funds).
SEC. 510. (a) None of the funds made available in
this Act may be used for—
(1) the creation of a human embryo or embryos
for research purposes; or
(2) research in which a human embryo or em-
bryos are destroyed, discarded, or knowingly sub-
jected to risk of injury or death greater than that
allowed for research on fetuses in utero under 45
CFR 46.208(a)(2) and section 498(b) of the Public
Health Service Act (42 U.S.C. 289g(b)).
(b) For purposes of this section, the term ‘‘human
embryo or embryos’’ includes any organism, not protected
as a human subject under 45 CFR 46 as of the date of
the enactment of this Act, that is derived by fertilization,
parthenogenesis, cloning, or any other means from one or
more human gametes or human diploid cells.
SEC. 511. (a) None of the funds made available in
this Act may be used for any activity that promotes the
legalization of any drug or other substance included in
schedule I of the schedules of controlled substances estab-
lished by section 202 of the Controlled Substances Act (21
U.S.C. 812).
(b) The limitation in subsection (a) shall not apply
when there is significant medical evidence of a therapeutic
advantage to the use of such drug or other substance or
that federally sponsored clinical trials are being conducted
to determine therapeutic advantage.
SEC. 512. None of the funds made available in this
Act may be obligated or expended to enter into or renew
a contract with an entity if—
(1) such entity is otherwise a contractor with
the United States and is subject to the requirement
in section 4212(d) of title 38, United States Code,
regarding submission of an annual report to the Sec-
retary of Labor concerning employment of certain
veterans; and
(2) such entity has not submitted a report as
required by that section for the most recent year for
which such requirement was applicable to such enti-
ty.
SEC. 513. None of the funds made available in this
Act may be used to promulgate or adopt any final stand-
ard under section 1173(b) of the Social Security Act (42
U.S.C. 1320d–2(b)) providing for, or providing for the as-
signment of, a unique health identifier for an individual
(except in an individual’s capacity as an employer or a
health care provider), until legislation is enacted specifi-
cally approving the standard.
SEC. 514. None of the funds made available in this
Act may be transferred to any department, agency, or in-
strumentality of the United States Government, except
pursuant to a transfer made by, or transfer authority pro-
vided in, this Act or any other appropriation Act.
SEC. 515. (a) The matter under the heading ‘‘De-
partment of Education—Education for the Disadvan-
taged’’ in division G of Public Law 108–7 is amended—
(1) by striking ‘‘$4,651,199,000’’ and inserting
‘‘$6,895,199,000’’; and
(2) by striking ‘‘$9,027,301,000’’ and inserting
‘‘$6,783,301,000’’.
(b) The amendments made by subsection (a) shall
take effect on the date of the enactment of this Act.
SEC. 516. None of the funds made available by this
Act to carry out the Library Services and Technology Act
may be made available to any library covered by para-
graph (1) of section 224(f) of such Act (20 U.S.C.
9134(f)), as amended by the Children’s Internet Protec-
tions Act, unless such library has made the certifications
required by paragraph (4) of such section.
SEC. 517. None of the funds made available by this
Act to carry out part D of title II of the Elementary and
Secondary Education Act of 1965 may be made available
to any elementary or secondary school covered by para-
graph (1) of section 2441(a) of such Act (20 U.S.C.
6777(a)), as amended by the Children’s Internet Protec-
tions Act and the No Child Left Behind Act, unless the
local educational agency with responsibility for such cov-
ered school has made the certifications required by para-
graph (2) of such section.
This Act may be cited as the ‘‘Departments of Labor,
Health and Human Services, and Education, and Related
Agencies Appropriations Act, 2004’’.
Passed the House of Representatives July 10, 2003.
Attest:
Clerk.
108TH CONGRESS
1ST SESSION
H. R. 2660
AN ACT
Making appropriations for the Departments of
Labor, Health and Human Services, and Edu-
cation, and related agencies for the fiscal year
ending September 30, 2004, and for other pur-
poses.