Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Act, 2004

        [Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2660 Public Print (PP)]

1st Session
H. R. 2660

_______________________________________________________________________

IN THE HOUSE OF REPRESENTATIVES

September 10, 2003

Ordered to be printed with the amendment of the Senate
[Strike out all after the enacting clause and insert the part printed
in italic]

_______________________________________________________________________

AN ACT

Making appropriations for the Departments of Labor, Health and Human
Services, and Education, and related agencies for the fiscal year
ending September 30, 2004, and for other purposes.

Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <DELETED>That the
following sums are appropriated, out of any money in the Treasury not
otherwise appropriated, 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, namely:

<DELETED>TITLE I--DEPARTMENT OF LABOR</DELETED>

<DELETED>Employment and Training Administration</DELETED>

<DELETED>training and employment services</DELETED>

<DELETED>    For necessary expenses of the Workforce Investment Act of
1998, including the purchase and hire of passenger motor vehicles, the
construction, alteration, and repair of buildings and other facilities,
and the purchase of real property for training centers as authorized by
such Act; $2,614,039,000 plus reimbursements, of which $1,582,858,000
is available for obligation for the period July 1, 2004 through June
30, 2005, except that amounts determined by the Secretary of Labor to
be necessary pursuant to sections 173(a)(4)(A) and 174(c) of such Act
shall be available from October 1, 2003 until expended; of which
$1,000,965,000 is available for obligation for the period April 1, 2004
through June 30, 2005; and of which $30,216,000 is available for the
period July 1, 2004 through June 30, 2007 for necessary expenses of
construction, rehabilitation, and acquisition of Job Corps centers:
Provided, That notwithstanding any other provision of law, of the funds
provided herein under section 137(c) of such Act, $305,993,000 shall be
for activities described in section 132(a)(2)(A) of such Act and
$1,155,152,000 shall be for activities described in section
132(a)(2)(B) of such Act: Provided further, That, notwithstanding any
other provision of law or related regulation, $60,000,000 shall be for
carrying out section 167 of such Act, including $56,000,000 for formula
grants and $3,600,000 for migrant and seasonal housing, including
permanent housing, and $400,000 for other discretionary purposes:
Provided further, That funds appropriated under this heading in Public
Law 108-7 for migrant and seasonal farmworkers housing shall be made
available only under the terms and conditions in effect June 30, 2002,
and shall include funding for permanent housing: Provided further, That
notwithstanding the transfer limitation under section 133(b)(4) of such
Act, up to 30 percent of such funds may be transferred by a local board
if approved by the Governor: Provided further, That funds provided to
carry out section 171(d) of such Act may be used for demonstration
projects that provide assistance to new entrants in the workforce and
incumbent workers: Provided further, That no funds from any other
appropriation shall be used to provide meal services at or for Job
Corps centers: Provided further, That notwithstanding any other
provision of law, funds awarded under a grant issued by the Department
of Labor pursuant to section 173 of such Act on June 30, 2001, to the
San Diego Workforce Partnership may be used to provide services to
spouses of military personnel.</DELETED>
<DELETED>    For necessary expenses of the Workforce Investment Act of
1998, including the purchase and hire of passenger motor vehicles, the
construction, alteration, and repair of buildings and other facilities,
and the purchase of real property for training centers as authorized by
such Act; $2,463,000,000 plus reimbursements, of which $2,363,000,000
is available for obligation for the period October 1, 2004 through June
30, 2005, and of which $100,000,000 is available for the period October
1, 2004 through June 30, 2007, for necessary expenses of construction,
rehabilitation, and acquisition of Job Corps centers.</DELETED>

<DELETED>community service employment for older americans</DELETED>

<DELETED>    To carry out title V of the Older Americans Act of 1965,
as amended, $440,200,000.</DELETED>

<DELETED>federal unemployment benefits and allowances</DELETED>

<DELETED>    For payments during the current fiscal year of trade
adjustment benefit payments and allowances under part I; and for
training, allowances for job search and relocation, and related State
administrative expenses under part II, subchapters B and D, chapter 2,
title II of the Trade Act of 1974 as amended (including the benefits
and services described under sections 123(c)(2) and 151 (b) and (c) of
the Trade Adjustment Assistance Reform Act of 2002, Public Law 107-210)
$1,338,200,000, together with such amounts as may be necessary to be
charged to the subsequent appropriation for payments for any period
subsequent to September 15 of the current year.</DELETED>

<DELETED>state unemployment insurance and employment service
operations</DELETED>

<DELETED>    For authorized administrative expenses, $142,520,000,
together with not to exceed $3,472,861,000 (including not to exceed
$1,228,000 which may be used for amortization payments to States which
had independent retirement plans in their State employment service
agencies prior to 1980), which may be expended from the Employment
Security Administration Account in the Unemployment Trust Fund
including the cost of administering section 51 of the Internal Revenue
Code of 1986, as amended, section 7(d) of the Wagner-Peyser Act, as
amended, the Trade Act of 1974, as amended, the Immigration Act of
1990, and the Immigration and Nationality Act, as amended, and of which
the sums available in the allocation for activities authorized by title
III of the Social Security Act, as amended (42 U.S.C. 502-504), and the
sums available in the allocation for necessary administrative expenses
for carrying out 5 U.S.C. 8501-8523, shall be available for obligation
by the States through December 31, 2004, except that funds used for
automation acquisitions shall be available for obligation by the States
through September 30, 2006; of which $142,520,000, together with not to
exceed $768,257,000 of the amount which may be expended from said trust
fund, shall be available for obligation for the period July 1, 2004
through June 30, 2005, to fund activities under the Act of June 6,
1933, as amended, including the cost of penalty mail authorized under
39 U.S.C. 3202(a)(1)(E) made available to States in lieu of allotments
for such purpose: Provided, That to the extent that the Average Weekly
Insured Unemployment (AWIU) for fiscal year 2004 is projected by the
Department of Labor to exceed 3,227,000, an additional $28,600,000
shall be available for obligation for every 100,000 increase in the
AWIU level (including a pro rata amount for any increment less than
100,000) from the Employment Security Administration Account of the
Unemployment Trust Fund: Provided further, That funds appropriated in
this Act which are used to establish a national one-stop career center
system, or which are used to support the national activities of the
Federal-State unemployment insurance programs, may be obligated in
contracts, grants or agreements with non-State entities: Provided
further, That funds appropriated under this Act for activities
authorized under the Wagner-Peyser Act, as amended, and title III of
the Social Security Act, may be used by the States to fund integrated
Employment Service and Unemployment Insurance automation efforts,
notwithstanding cost allocation principles prescribed under Office of
Management and Budget Circular A-87.</DELETED>

<DELETED>advances to the unemployment trust fund and other
funds</DELETED>

<DELETED>    For repayable advances to the Unemployment Trust Fund as
authorized by sections 905(d) and 1203 of the Social Security Act, as
amended, and to the Black Lung Disability Trust Fund as authorized by
section 9501(c)(1) of the Internal Revenue Code of 1954, as amended;
and for nonrepayable advances to the Unemployment Trust Fund as
authorized by section 8509 of title 5, United States Code, and to the
``Federal unemployment benefits and allowances'' account, to remain
available until September 30, 2005, $467,000,000.</DELETED>
<DELETED>    In addition, for making repayable advances to the Black
Lung Disability Trust Fund in the current fiscal year after September
15, 2004, for costs incurred by the Black Lung Disability Trust Fund in
the current fiscal year, such sums as may be necessary.</DELETED>

<DELETED>program administration</DELETED>

<DELETED>    For expenses of administering employment and training
programs, $115,824,000, including $2,393,000 to administer welfare-to-
work grants, together with not to exceed $56,503,000, which may be
expended from the Employment Security Administration Account in the
Unemployment Trust Fund.</DELETED>

<DELETED>Employee Benefits Security Administration</DELETED>

<DELETED>salaries and expenses</DELETED>

<DELETED>    For necessary expenses for the Employee Benefits Security
Administration $128,605,000.</DELETED>

<DELETED>Pension Benefit Guaranty Corporation</DELETED>

<DELETED>pension benefit guaranty corporation fund</DELETED>

<DELETED>    The Pension Benefit Guaranty Corporation is authorized to
make such expenditures, including financial assistance authorized by
section 104 of Public Law 96-364, within limits of funds and borrowing
authority available to such Corporation, and in accord with law, and to
make such contracts and commitments without regard to fiscal year
limitations as provided by section 104 of the Government Corporation
Control Act, as amended (31 U.S.C. 9104), as may be necessary in
carrying out the program through September 30, 2004, for such
Corporation: Provided, That none of the funds available to the
Corporation for fiscal year 2004 shall be available for obligations for
administrative expenses in excess of $228,772,000: Provided further,
That obligations in excess of such amount may be incurred after
approval by the Office of Management and Budget and the Committees on
Appropriations of the House and the Senate.</DELETED>

<DELETED>Employment Standards Administration</DELETED>

<DELETED>salaries and expenses</DELETED>

<DELETED>    For necessary expenses for the Employment Standards
Administration, including reimbursement to State, Federal, and local
agencies and their employees for inspection services rendered,
$395,697,000, together with $2,056,000 which may be expended from the
Special Fund in accordance with sections 39(c), 44(d) and 44(j) of the
Longshore and Harbor Workers' Compensation Act: Provided, That
$1,250,000 shall be for the development of an alternative system for
the electronic submission of reports required to be filed under the
Labor-Management Reporting and Disclosure Act of 1959, as amended, and
for a computer database of the information for each submission by
whatever means, that is indexed and easily searchable by the public via
the Internet: Provided further, That the Secretary of Labor is
authorized to accept, retain, and spend, until expended, in the name of
the Department of Labor, all sums of money ordered to be paid to the
Secretary of Labor, in accordance with the terms of the Consent
Judgment in Civil Action No. 91-0027 of the United States District
Court for the District of the Northern Mariana Islands (May 21, 1992):
Provided further, That the Secretary of Labor is authorized to
establish and, in accordance with 31 U.S.C. 3302, collect and deposit
in the Treasury fees for processing applications and issuing
certificates under sections 11(d) and 14 of the Fair Labor Standards
Act of 1938, as amended (29 U.S.C. 211(d) and 214) and for processing
applications and issuing registrations under title I of the Migrant and
Seasonal Agricultural Worker Protection Act (29 U.S.C. 1801 et
seq.).</DELETED>

<DELETED>special benefits</DELETED>

<DELETED>(including transfer of funds)</DELETED>

<DELETED>    For the payment of compensation, benefits, and expenses
(except administrative expenses) accruing during the current or any
prior fiscal year authorized by title 5, chapter 81 of the United
States Code; continuation of benefits as provided for under the heading
``Civilian War Benefits'' in the Federal Security Agency Appropriation
Act, 1947; the Employees' Compensation Commission Appropriation Act,
1944; sections 4(c) and 5(f) of the War Claims Act of 1948 (50 U.S.C.
App. 2012); and 50 percent of the additional compensation and benefits
required by section 10(h) of the Longshore and Harbor Workers'
Compensation Act, as amended, $163,000,000, together with such amounts
as may be necessary to be charged to the subsequent year appropriation
for the payment of compensation and other benefits for any period
subsequent to August 15 of the current year: Provided, That amounts
appropriated may be used under section 8104 of title 5, United States
Code, by the Secretary of Labor to reimburse an employer, who is not
the employer at the time of injury, for portions of the salary of a
reemployed, disabled beneficiary: Provided further, That balances of
reimbursements unobligated on September 30, 2002, shall remain
available until expended for the payment of compensation, benefits, and
expenses: Provided further, That in addition there shall be transferred
to this appropriation from the Postal Service and from any other
corporation or instrumentality required under section 8147(c) of title
5, United States Code, to pay an amount for its fair share of the cost
of administration, such sums as the Secretary determines to be the cost
of administration for employees of such fair share entities through
September 30, 2004: Provided further, That of those funds transferred
to this account from the fair share entities to pay the cost of
administration of the Federal Employees' Compensation Act, $39,315,000
shall be made available to the Secretary as follows: (1) for
enhancement and maintenance of automated data processing systems and
telecommunications systems, $11,618,000; (2) for automated workload
processing operations including document imaging, centralized mail
intake and medical bill processing, $14,496,000; (3) for periodic roll
management and medical review, $13,210,000; and (4) the remaining funds
shall be paid into the Treasury as miscellaneous receipts: Provided
further, That the Secretary may require that any person filing a notice
of injury or a claim for benefits under chapter 81 of title 5, United
States Code, or 33 U.S.C. 901 et seq., provide as part of such notice
and claim, such identifying information (including Social Security
account number) as such regulations may prescribe.</DELETED>

<DELETED>Special Benefits for Disabled Coal Miners</DELETED>

<DELETED>    For carrying out title IV of the Federal Mine Safety and
Health Act of 1977, as amended by Public Law 107-275 (the ``Act''),
$300,000,000, to remain available until expended.</DELETED>
<DELETED>    For making, after July 31 of the current fiscal year,
benefit payments to individuals under title IV of the Act, for costs
incurred in the current fiscal year, such amounts as may be
necessary.</DELETED>
<DELETED>    For making benefit payments under title IV of the first
quarter of fiscal year 2005, $88,000,000, to remain available until
expended.</DELETED>

<DELETED>administrative expenses, energy employees occupational illness
compensation fund</DELETED>

<DELETED>(including transfer of funds)</DELETED>

<DELETED>    For necessary expenses to administer the Energy Employees
Occupational Illness Compensation Act, $55,074,000 to remain available
until expended: Provided, That the Secretary of Labor is authorized to
transfer to any executive agency with authority under the Energy
Employees Occupational Illness Compensation Act, including within the
Department of Labor, such sums as may be necessary in fiscal year 2004
to carry out those authorities: Provided further, That the Secretary
may require that any person filing a claim for benefits under the Act
provide as part of such claim, such identifying information (including
Social Security account number) as may be prescribed.</DELETED>

<DELETED>black lung disability trust fund</DELETED>

<DELETED>(including transfer of funds)</DELETED>

<DELETED>    Beginning in fiscal year 2004 and thereafter, such sums as
may be necessary from the Black Lung Disability Trust Fund, to remain
available until expended, for payment of all benefits authorized by
section 9501(d)(1), (2), (4), and (7) of the Internal Revenue Code of
1954, as amended; and interest on advances, as authorized by section
9501(c)(2) of that Act. In addition, the following amounts shall be
available from the Fund for fiscal year 2004 for expenses of operation
and administration of the Black Lung Benefits program, as authorized by
section 9501(d)(5): $32,004,000 for transfer to the Employment
Standards Administration, ``Salaries and Expenses''; $23,401,000 for
transfer to Departmental Management, ``Salaries and Expenses'';
$338,000 for transfer to Departmental Management, ``Office of Inspector
General''; and $356,000 for payments into miscellaneous receipts for
the expenses of the Department of the Treasury.</DELETED>

<DELETED>Occupational Safety and Health Administration</DELETED>

<DELETED>salaries and expenses</DELETED>

<DELETED>    For necessary expenses for the Occupational Safety and
Health Administration, $450,008,000, including not to exceed
$91,747,000 which shall be the maximum amount available for grants to
States under section 23(g) of the Occupational Safety and Health Act
(the ``Act''), which grants shall be no less than 50 percent of the
costs of State occupational safety and health programs required to be
incurred under plans approved by the Secretary under section 18 of the
Act; and, in addition, notwithstanding 31 U.S.C. 3302, the Occupational
Safety and Health Administration may retain up to $750,000 per fiscal
year of training institute course tuition fees, otherwise authorized by
law to be collected, and may utilize such sums for occupational safety
and health training and education grants: Provided, That,
notwithstanding 31 U.S.C. 3302, the Secretary of Labor is authorized,
during the fiscal year ending September 30, 2004, to collect and retain
fees for services provided to Nationally Recognized Testing
Laboratories, and may utilize such sums, in accordance with the
provisions of 29 U.S.C. 9a, to administer national and international
laboratory recognition programs that ensure the safety of equipment and
products used by workers in the workplace: Provided further, That none
of the funds appropriated under this paragraph shall be obligated or
expended to prescribe, issue, administer, or enforce any standard,
rule, regulation, or order under the Act which is applicable to any
person who is engaged in a farming operation which does not maintain a
temporary labor camp and employs 10 or fewer employees: Provided
further, That no funds appropriated under this paragraph shall be
obligated or expended to administer or enforce any standard, rule,
regulation, or order under the Act with respect to any employer of 10
or fewer employees who is included within a category having an
occupational injury lost workday case rate, at the most precise
Standard Industrial Classification Code for which such data are
published, less than the national average rate as such rates are most
recently published by the Secretary, acting through the Bureau of Labor
Statistics, in accordance with section 24 of that Act (29 U.S.C. 673),
except--</DELETED>
<DELETED>    (1) to provide, as authorized by such Act,
consultation, technical assistance, educational and training
services, and to conduct surveys and studies;</DELETED>
<DELETED>    (2) to conduct an inspection or investigation in
response to an employee complaint, to issue a citation for
violations found during such inspection, and to assess a
penalty for violations which are not corrected within a
reasonable abatement period and for any willful violations
found;</DELETED>
<DELETED>    (3) to take any action authorized by such Act with
respect to imminent dangers;</DELETED>
<DELETED>    (4) to take any action authorized by such Act with
respect to health hazards;</DELETED>
<DELETED>    (5) to take any action authorized by such Act with
respect to a report of an employment accident which is fatal to
one or more employees or which results in hospitalization of
two or more employees, and to take any action pursuant to such
investigation authorized by such Act; and</DELETED>
<DELETED>    (6) to take any action authorized by such Act with
respect to complaints of discrimination against employees for
exercising rights under such Act: Provided further, That the
foregoing proviso shall not apply to any person who is engaged
in a farming operation which does not maintain a temporary
labor camp and employs 10 or fewer employees.</DELETED>

<DELETED>Mine Safety and Health Administration</DELETED>

<DELETED>salaries and expenses</DELETED>

<DELETED>    For necessary expenses for the Mine Safety and Health
Administration, $266,767,000, including purchase and bestowal of
certificates and trophies in connection with mine rescue and first-aid
work, and the hire of passenger motor vehicles; including up to
$1,000,000 for mine rescue and recovery activities, which shall be
available only to the extent that fiscal year 2004 obligations for
these activities exceed $1,000,000; in addition, not to exceed $750,000
may be collected by the National Mine Health and Safety Academy for
room, board, tuition, and the sale of training materials, otherwise
authorized by law to be collected, to be available for mine safety and
health education and training activities, notwithstanding 31 U.S.C.
3302; and, in addition, the Mine Safety and Health Administration may
retain up to $1,000,000 from fees collected for the approval and
certification of equipment, materials, and explosives for use in mines,
and may utilize such sums for such activities; the Secretary is
authorized to accept lands, buildings, equipment, and other
contributions from public and private sources and to prosecute projects
in cooperation with other agencies, Federal, State, or private; the
Mine Safety and Health Administration is authorized to promote health
and safety education and training in the mining community through
cooperative programs with States, industry, and safety associations;
and any funds available to the department may be used, with the
approval of the Secretary, to provide for the costs of mine rescue and
survival operations in the event of a major disaster.</DELETED>

<DELETED>Bureau of Labor Statistics</DELETED>

<DELETED>salaries and expenses</DELETED>

<DELETED>    For necessary expenses for the Bureau of Labor Statistics,
including advances or reimbursements to State, Federal, and local
agencies and their employees for services rendered, $437,152,000,
together with not to exceed $75,110,000, which may be expended from the
Employment Security Administration Account in the Unemployment Trust
Fund.</DELETED>

<DELETED>Office of Disability Employment Policy</DELETED>

<DELETED>salaries and expenses</DELETED>

<DELETED>    For necessary expenses for the Office of Disability
Employment Policy to provide leadership, develop policy and
initiatives, and award grants furthering the objective of eliminating
barriers to the training and employment of people with disabilities,
$47,333,000.</DELETED>

<DELETED>Departmental Management</DELETED>

<DELETED>salaries and expenses</DELETED>

<DELETED>    For necessary expenses for Departmental Management,
including the hire of three sedans; $48,565,000 for the acquisition of
Departmental information technology, architecture, infrastructure,
equipment, software and related needs which will be allocated by the
Department's Chief Information Officer in accordance with the
Department's capital investment management process to assure a sound
investment management process to assure a sound investment strategy;
$252,701,000; together with not to exceed $317,000, which may be
expended from the Employment Security Administration Account in the
Unemployment Trust Fund: Provided, That no funds made available by this
Act may be used by the Solicitor of Labor to participate in a review in
any United States court of appeals of any decision made by the Benefits
Review Board under section 21 of the Longshore and Harbor Workers'
Compensation Act (33 U.S.C. 921) where such participation is precluded
by the decision of the United States Supreme Court in Director, Office
of Workers' Compensation Programs v. Newport News Shipbuilding, 115 S.
Ct. 1278 (1995), notwithstanding any provisions to the contrary
contained in Rule 15 of the Federal Rules of Appellate Procedure:
Provided further, That no funds made available by this Act may be used
by the Secretary of Labor to review a decision under the Longshore and
Harbor Workers' Compensation Act (33 U.S.C. 901 et seq.) that has been
appealed and that has been pending before the Benefits Review Board for
more than 12 months: Provided further, That any such decision pending a
review by the Benefits Review Board for more than 1 year shall be
considered affirmed by the Benefits Review Board on the 1-year
anniversary of the filing of the appeal, and shall be considered the
final order of the Board for purposes of obtaining a review in the
United States courts of appeals: Provided further, That these
provisions shall not be applicable to the review or appeal of any
decision issued under the Black Lung Benefits Act (30 U.S.C. 901 et
seq.).</DELETED>

<DELETED>veterans employment and training</DELETED>

<DELETED>    Not to exceed $193,443,000 may be derived from the
Employment Security Administration Account in the Unemployment Trust
Fund to carry out the provisions of 38 U.S.C. 4100-4110A, 4212, 4214,
and 4321-4327, and Public Law 103-353, and which shall be available for
obligation by the States through December 31, 2004, of which $2,000,000
is for the National Veterans' Employment and Training Services
Institute. To carry out the Homeless Veterans Reintegration Programs
(38 U.S.C. 2021) and the Veterans Workforce Investment Programs (29
U.S.C. 2913), $26,550,000 of which $7,550,000 shall be available for
obligation for the period July 1, 2004 through June 30, 2005.</DELETED>

<DELETED>office of inspector general</DELETED>

<DELETED>    For salaries and expenses of the Office of Inspector
General in carrying out the provisions of the Inspector General Act of
1978, as amended, $60,896,000, together with not to exceed $5,899,000,
which may be expended from the Employment Security Administration
Account in the Unemployment Trust Fund.</DELETED>

<DELETED>Working Capital Fund</DELETED>

<DELETED>    For the acquisition of a new core accounting system for
the Department of Labor, including hardware and software infrastructure
and the costs associated with implementation thereof,
$18,000,000.</DELETED>

<DELETED>GENERAL PROVISIONS</DELETED>

<DELETED>    Sec. 101. None of the funds appropriated in this title for
the Job Corps shall be used to pay the compensation of an individual,
either as direct costs or any proration as an indirect cost, at a rate
in excess of Executive Level II.</DELETED>

<DELETED>(transfer of funds)</DELETED>

<DELETED>    Sec. 102. Not to exceed 1 percent of any discretionary
funds (pursuant to the Balanced Budget and Emergency Deficit Control
Act of 1985, as amended) which are appropriated for the current fiscal
year for the Department of Labor 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 Appropriations
Committees of both Houses of Congress are notified at least 15 days in
advance of any transfer.</DELETED>
<DELETED>    This title may be cited as the ``Department of Labor
Appropriations Act, 2004''.</DELETED>

<DELETED>TITLE II--DEPARTMENT OF HEALTH AND HUMAN SERVICES</DELETED>

<DELETED>Health Resources and Services Administration</DELETED>

<DELETED>health resources and services</DELETED>

<DELETED>    For carrying out titles II, III, IV, VII, VIII, X, XII,
XIX, and XXVI of the Public Health Service Act, section 427(a) of the
Federal Coal Mine Health and Safety Act, title V, and sections 1128E,
711 and 1820 of the Social Security Act, the Health Care Quality
Improvement Act of 1986, as amended, the Native Hawaiian Health Care
Act of 1988, as amended, the Cardiac Arrest Survival Act of 2000, and
the Poison Control Center Enhancement and Awareness Act,
$6,252,256,000, of which $39,740,000 from general revenues,
notwithstanding section 1820(j) of the Social Security Act, shall be
available for carrying out the Medicare rural hospital flexibility
grants program under section 1820 of such Act: Provided, That of the
funds made available under this heading, $248,000 shall be available
until expended for facilities renovations at the Gillis W. Long
Hansen's Disease Center: Provided further, That in addition to fees
authorized by section 427(b) of the Health Care Quality Improvement Act
of 1986, fees shall be collected for the full disclosure of information
under the Act sufficient to recover the full costs of operating the
National Practitioner Data Bank, and shall remain available until
expended to carry out that Act: Provided further, That fees collected
for the full disclosure of information under the ``Health Care Fraud
and Abuse Data Collection Program'', authorized by section 1128E(d)(2)
of the Social Security Act, shall be sufficient to recover the full
costs of operating the program, and shall remain available until
expended to carry out that Act: Provided further, That no more than
$45,000,000 is available for carrying out the provisions of Public Law
104-73: Provided further, That of the funds made available under this
heading, $273,350,000 shall be for the program under title X of the
Public Health Service Act to provide for voluntary family planning
projects: Provided further, That amounts provided to said projects
under such title shall not be expended for abortions, that all
pregnancy counseling shall be nondirective, and that such amounts shall
not be expended for any activity (including the publication or
distribution of literature) that in any way tends to promote public
support or opposition to any legislative proposal or candidate for
public office: Provided further, That $753,317,000 shall be for State
AIDS Drug Assistance Programs authorized by section 2616 of the Public
Health Service Act: Provided further, That notwithstanding section
502(a)(1) of the Social Security Act, not to exceed $117,831,000 is for
carrying out special projects of regional and national significance
pursuant to section 501(l)(2): Provided further, That $65,000,000 is
available for special projects of regional and national significance
under section 501(a)(2) of the Social Security Act, which shall not be
counted toward compliance with the allocation required in section
502(a)(1) of such Act, and which shall be used only for making
competitive grants to provide abstinence education (as defined in
section 510(b)(2) of such Act) to adolescents and for evaluations
(including longitudinal evaluations) of activities under the grants and
for Federal costs of administering the grants: Provided further, That
grants under the immediately preceding proviso shall be made only to
public and private entities which agree that, with respect to an
adolescent to whom the entities provide abstinence education under such
grant, the entities will not provide to that adolescent any other
education regarding sexual conduct, except that, in the case of an
entity expressly required by law to provide health information or
services the adolescent shall not be precluded from seeking health
information or services from the entity in a different setting than the
setting in which the abstinence education was provided: Provided
further, That the funds expended for such evaluations may not exceed
3.5 percent of such amount.</DELETED>

<DELETED>health education assistance loans program account</DELETED>

<DELETED>    Such sums as may be necessary to carry out the purpose of
the program, as authorized by title VII of the Public Health Service
Act, as amended. For administrative expenses to carry out the
guaranteed loan program, including section 709 of the Public Health
Service Act, $3,389,000.</DELETED>

<DELETED>vaccine injury compensation program trust fund</DELETED>

<DELETED>    For payments from the Vaccine Injury Compensation Program
Trust Fund, such sums as may be necessary for claims associated with
vaccine-related injury or death with respect to vaccines administered
after September 30, 1988, pursuant to subtitle 2 of title XXI of the
Public Health Service Act, to remain available until expended:
Provided, That for necessary administrative expenses, not to exceed
$3,472,000 shall be available from the Trust Fund to the Secretary of
Health and Human Services.</DELETED>

<DELETED>Centers for Disease Control and Prevention</DELETED>

<DELETED>disease control, research, and training</DELETED>

<DELETED>    To carry out titles II, III, VII, XI, XV, XVII, XIX, XXI,
and XXVI of the Public Health Service Act, sections 101, 102, 103, 201,
202, 203, 301, and 501 of the Federal Mine Safety and Health Act of
1977, sections 20, 21, and 22 of the Occupational Safety and Health Act
of 1970, title IV of the Immigration and Nationality Act, and section
501 of the Refugee Education Assistance Act of 1980; including
(purchase and) insurance of official motor vehicles in foreign
countries; and hire, maintenance, and operation of aircraft,
$4,588,671,000, of which $206,000,000 shall remain available until
expended for equipment, and construction and renovation of facilities,
and of which $242,569,000 for international HIV/AIDS shall remain
available until September 30, 2005, including not less than
$100,000,000, to remain available until expended, for the
``International Mother and Child HIV Prevention Initiative'', and in
addition, such sums as may be derived from authorized user fees, which
shall be credited to this account: Provided, That in addition to
amounts provided herein, $13,226,000 shall be available from amounts
available under section 241 of the Public Health Service Act to carry
out the National Center for Health Statistics surveys: Provided
further, That none of the funds made available for injury prevention
and control at the Centers for Disease Control and Prevention may be
used, in whole or in part, to advocate or promote gun control: Provided
further, That the Director may redirect the total amount made available
under authority of Public Law 101-502, section 3, dated November 3,
1990, to activities the Director may so designate: Provided further,
That the Congress is to be notified promptly of any such transfer:
Provided further, That not to exceed $12,500,000 may be available for
making grants under section 1509 of the Public Health Service Act to
not more than 15 States: Provided further, That without regard to
existing statute, funds appropriated may be used to proceed, at the
discretion of the Centers for Disease Control and Prevention, with
property acquisition, including a long-term ground lease for
construction on non-Federal land, to support the construction of a
replacement laboratory in the Fort Collins, Colorado area: Provided
further, That notwithstanding any other provision of law, a single
contract or related contracts for development and construction of
facilities may be employed which collectively include the full scope of
the project: Provided further, That the solicitation and contract shall
contain the clause ``availability of funds'' found at 48 CFR 52.232-
18.</DELETED>

<DELETED>National Institutes of Health</DELETED>

<DELETED>National Cancer Institute</DELETED>

<DELETED>    For carrying out section 301 and title IV of the Public
Health Service Act with respect to cancer, $4,770,519,000.</DELETED>

<DELETED>National Heart, Lung, and Blood Institute</DELETED>

<DELETED>    For carrying out section 301 and title IV of the Public
Health Service Act with respect to cardiovascular, lung, and blood
diseases, and blood and blood products, $2,867,995,000.</DELETED>

<DELETED>National Institute of Dental and Craniofacial
Research</DELETED>

<DELETED>    For carrying out section 301 and title IV of the Public
Health Service Act with respect to dental disease,
$382,396,000.</DELETED>

<DELETED>National Institute of Diabetes and Digestive and Kidney
Diseases</DELETED>

<DELETED>    For carrying out section 301 and title IV of the Public
Health Service Act with respect to diabetes and digestive and kidney
disease, $1,670,007,000.</DELETED>

<DELETED>National Institute of Neurological Disorders and
Stroke</DELETED>

<DELETED>    For carrying out section 301 and title IV of the Public
Health Service Act with respect to neurological disorders and stroke,
$1,468,926,000.</DELETED>

<DELETED>National Institute of Allergy and Infectious
Diseases</DELETED>

<DELETED>(including transfer of funds)</DELETED>

<DELETED>    For carrying out section 301 and title IV of the Public
Health Service Act with respect to allergy and infectious diseases,
$4,335,255,000: Provided, That $100,000,000 may be made available to
International Assistance Programs, ``Global Fund to Fight HIV/AIDS,
Malaria, and Tuberculosis'', to remain available until
expended.</DELETED>

<DELETED>National Institute of General Medical Sciences</DELETED>

<DELETED>    For carrying out section 301 and title IV of the Public
Health Service Act with respect to general medical sciences,
$1,923,133,000.</DELETED>

<DELETED>National Institute of Child Health and Human
Development</DELETED>

<DELETED>    For carrying out section 301 and title IV of the Public
Health Service Act with respect to child health and human development,
$1,245,371,000.</DELETED>

<DELETED>National Eye Institute</DELETED>

<DELETED>    For carrying out section 301 and title IV of the Public
Health Service Act with respect to eye diseases and visual disorders,
$648,299,000.</DELETED>

<DELETED>National Institute of Environmental Health Sciences</DELETED>

<DELETED>    For carrying out sections 301 and 311 and title IV of the
Public Health Service Act with respect to environmental health
sciences, $630,774,000.</DELETED>

<DELETED>National Institute on Aging</DELETED>

<DELETED>    For carrying out section 301 and title IV of the Public
Health Service Act with respect to aging, $994,411,000.</DELETED>

<DELETED>National Institute of Arthritis and Musculoskeletal and Skin
Diseases</DELETED>

<DELETED>    For carrying out section 301 and title IV of the Public
Health Service Act with respect to arthritis and musculoskeletal and
skin diseases, $502,778,000.</DELETED>

<DELETED>National Institute on Deafness and Other Communication
Disorders</DELETED>

<DELETED>    For carrying out section 301 and title IV of the Public
Health Service Act with respect to deafness and other communication
disorders, $380,377,000.</DELETED>

<DELETED>National Institute of Nursing Research</DELETED>

<DELETED>    For carrying out section 301 and title IV of the Public
Health Service Act with respect to nursing research,
$134,579,000.</DELETED>

<DELETED>National Institute on Alcohol Abuse and Alcoholism</DELETED>

<DELETED>    For carrying out section 301 and title IV of the Public
Health Service Act with respect to alcohol abuse and alcoholism,
$430,121,000.</DELETED>

<DELETED>National Institute on Drug Abuse</DELETED>

<DELETED>    For carrying out section 301 and title IV of the Public
Health Service Act with respect to drug abuse, $995,614,000.</DELETED>

<DELETED>National Institute of Mental Health</DELETED>

<DELETED>    For carrying out section 301 and title IV of the Public
Health Service Act with respect to mental health,
$1,382,114,000.</DELETED>

<DELETED>National Human Genome Research Institute</DELETED>

<DELETED>    For carrying out section 301 and title IV of the Public
Health Service Act with respect to human genome research,
$478,072,000.</DELETED>

<DELETED>National Institute of Biomedical Imaging and
Bioengineering</DELETED>

<DELETED>    For carrying out section 301 and title IV of the Public
Health Service Act with respect to biomedical imaging and
bioengineering research, $282,109,000.</DELETED>

<DELETED>National Center for Research Resources</DELETED>

<DELETED>    For carrying out section 301 and title IV of the Public
Health Service Act with respect to research resources and general
research support grants, $1,053,926,000: Provided, That none of these
funds shall be used to pay recipients of the general research support
grants program any amount for indirect expenses in connection with such
grants.</DELETED>

<DELETED>National Center for Complementary and Alternative
Medicine</DELETED>

<DELETED>    For carrying out section 301 and title IV of the Public
Health Service Act with respect to complementary and alternative
medicine, $116,202,000.</DELETED>

<DELETED>National Center on Minority Health and Health
Disparities</DELETED>

<DELETED>    For carrying out section 301 and title IV of the Public
Health Service Act with respect to minority health and health
disparities research, $192,724,000.</DELETED>

<DELETED>John E. Fogarty International Center</DELETED>

<DELETED>    For carrying out the activities at the John E. Fogarty
International Center, $64,266,000.</DELETED>

<DELETED>National Library of Medicine</DELETED>

<DELETED>    For carrying out section 301 and title IV of the Public
Health Service Act with respect to health information communications,
$316,040,000, of which $4,000,000 shall be available until expended for
improvement of information systems: Provided, That in fiscal year 2004,
the Library may enter into personal services contracts for the
provision of services in facilities owned, operated, or constructed
under the jurisdiction of the National Institutes of Health.</DELETED>

<DELETED>Office of the Director</DELETED>

<DELETED>(including transfer of funds)</DELETED>

<DELETED>    For carrying out the responsibilities of the Office of the
Director, National Institutes of Health, $317,983,000: Provided, That
funding shall be available for the purchase of not to exceed 29
passenger motor vehicles for replacement only: Provided further, That
the Director may direct up to 1 percent of the total amount made
available in this or any other Act to all National Institutes of Health
appropriations to activities the Director may so designate: Provided
further, That no such appropriation shall be decreased by more than 1
percent by any such transfers and that the Congress is promptly
notified of the transfer: Provided further, That the National
Institutes of Health is authorized to collect third party payments for
the cost of clinical services that are incurred in National Institutes
of Health research facilities and that such payments shall be credited
to the National Institutes of Health Management Fund: Provided further,
That all funds credited to the National Institutes of Health Management
Fund shall remain available for 1 fiscal year after the fiscal year in
which they are deposited: Provided further, That up to $500,000 shall
be available to carry out section 499 of the Public Health Service
Act.</DELETED>

<DELETED>buildings and facilities</DELETED>

<DELETED>    For the study of, construction of, renovation of, and
acquisition of equipment for, facilities of or used by the National
Institutes of Health, including the acquisition of real property,
$80,000,000, to remain available until expended.</DELETED>

<DELETED>Substance Abuse and Mental Health Services
Administration</DELETED>

<DELETED>substance abuse and mental health services</DELETED>

<DELETED>    For carrying out titles V and XIX of the Public Health
Service Act with respect to substance abuse and mental health services,
the Protection and Advocacy for Mentally Ill Individuals Act of 1986,
and section 301 of the Public Health Service Act with respect to
program management, $3,329,000,000: Provided further, That in addition
to amounts provided herein, $16,000,000 shall be made available from
amounts available under section 241 of the Public Health Service Act to
carry out national surveys on drug abuse.</DELETED>

<DELETED>Agency for Healthcare Research and Quality</DELETED>

<DELETED>healthcare research and quality</DELETED>

<DELETED>    For carrying out titles III and IX of the Public Health
Service Act, and part A of title XI of the Social Security Act, amounts
received from Freedom of Information Act fees, reimbursable and
interagency agreements, and the sale of data shall be credited to this
appropriation and shall remain available until expended: Provided, That
the amount made available pursuant to section 927(c) of the Public
Health Service Act shall not exceed $303,695,000: Provided, That, of
the funds made available under this heading, $12,000,000 shall be for
the conduct of research on the comparative effectiveness, cost-
effectiveness, and safety of drugs, biological products, and devices
under subparagraph (B) of section 912(b)(2) of the Public Health
Service Act (42 U.S.C. 299b-1(b)(2)).</DELETED>

<DELETED>Centers for Medicare and Medicaid Services</DELETED>

<DELETED>grants to states for medicaid</DELETED>

<DELETED>    For carrying out, except as otherwise provided, titles XI
and XIX of the Social Security Act, $130,892,197,000, to remain
available until expended.</DELETED>
<DELETED>    For making, after May 31, 2004, payments to States under
title XIX of the Social Security Act for the last quarter of fiscal
year 2004 for unanticipated costs, incurred for the current fiscal
year, such sums as may be necessary.</DELETED>
<DELETED>    For making payments to States or in the case of section
1928 on behalf of States under title XIX of the Social Security Act for
the first quarter of fiscal year 2005, $58,416,275,000, to remain
available until expended.</DELETED>
<DELETED>    Payment under title XIX may be made for any quarter with
respect to a State plan or plan amendment in effect during such
quarter, if submitted in or prior to such quarter and approved in that
or any subsequent quarter.</DELETED>

<DELETED>payments to health care trust funds</DELETED>

<DELETED>    For payment to the Federal Hospital Insurance and the
Federal Supplementary Medical Insurance Trust Funds, as provided under
section 1844 of the Social Security Act, sections 103(c) and 111(d) of
the Social Security Amendments of 1965, section 278(d) of Public Law
97-248, and for administrative expenses incurred pursuant to section
201(g) of the Social Security Act, $95,084,100,000.</DELETED>

<DELETED>program management</DELETED>

<DELETED>    For carrying out, except as otherwise provided, titles XI,
XVIII, XIX, and XXI of the Social Security Act, titles XIII and XXVII
of the Public Health Service Act, and the Clinical Laboratory
Improvement Amendments of 1988, not to exceed $2,698,025,000, to be
transferred from the Federal Hospital Insurance and the Federal
Supplementary Medical Insurance Trust Funds, as authorized by section
201(g) of the Social Security Act; together with all funds collected in
accordance with section 353 of the Public Health Service Act and
section 1857(e)(2) of the Social Security Act, and such sums as may be
collected from authorized user fees and the sale of data, which shall
remain available until expended, and together with administrative fees
collected relative to Medicare overpayment recovery activities, which
shall remain available until expended: Provided, That all funds derived
in accordance with 31 U.S.C. 9701 from organizations established under
title XIII of the Public Health Service Act shall be credited to and
available for carrying out the purposes of this appropriation: Provided
further, That $65,000,000, to remain available until September 30,
2005, is for contract costs for CMS' Systems Revitalization Plan:
Provided further, That $56,991,000, to remain available until September
30, 2005, is for contract costs for the Healthcare Integrated General
Ledger Accounting System: Provided further, That $129,000,000 shall be
for processing Medicare appeals: Provided further, That the Secretary
of Health and Human Services is directed to collect fees in fiscal year
2004 from Medicare+Choice organizations pursuant to section 1857(e)(2)
of the Social Security Act and from eligible organizations with risk-
sharing contracts under section 1876 of that Act pursuant to section
1876(k)(4)(D) of that Act.</DELETED>

<DELETED>health maintenance organization loan and loan guarantee
fund</DELETED>

<DELETED>    For carrying out subsections (d) and (e) of section 1308
of the Public Health Service Act, any amounts received by the Secretary
in connection with loans and loan guarantees under title XIII of the
Public Health Service Act, to be available without fiscal year
limitation for the payment of outstanding obligations. During fiscal
year 2004, no commitments for direct loans or loan guarantees shall be
made.</DELETED>

<DELETED>Administration for Children and Families</DELETED>

<DELETED>payments to states for child support enforcement and family
support programs</DELETED>

<DELETED>    For making payments to States or other non-Federal
entities under titles I, IV-D, X, XI, XIV, and XVI of the Social
Security Act and the Act of July 5, 1960 (24 U.S.C. ch. 9),
$3,292,970,000, to remain available until expended; and for such
purposes for the first quarter of fiscal year 2005, $1,200,000,000, to
remain available until expended.</DELETED>
<DELETED>    For making payments to each State for carrying out the
program of Aid to Families with Dependent Children under title IV-A of
the Social Security Act before the effective date of the program of
Temporary Assistance for Needy Families (TANF) with respect to such
State, such sums as may be necessary: Provided, That the sum of the
amounts available to a State with respect to expenditures under such
title IV-A in fiscal year 1997 under this appropriation and under such
title IV-A as amended by the Personal Responsibility and Work
Opportunity Reconciliation Act of 1996 shall not exceed the limitations
under section 116(b) of such Act.</DELETED>
<DELETED>    For making, after May 31 of the current fiscal year,
payments to States or other non-Federal entities under titles I, IV-D,
X, XI, XIV, and XVI of the Social Security Act and the Act of July 5,
1960 (24 U.S.C. ch. 9), for the last 3 months of the current fiscal
year for unanticipated costs, incurred for the current fiscal year,
such sums as may be necessary.</DELETED>

<DELETED>low-income home energy assistance</DELETED>

<DELETED>    For making payments under title XXVI of the Omnibus Budget
Reconciliation Act of 1981, $1,700,000,000.</DELETED>
<DELETED>    For making payments under title XXVI of the Omnibus Budget
Reconciliation Act of 1981, $100,000,000: Provided, That these funds
are for the unanticipated home energy assistance needs of one or more
States, as authorized by section 2604(e) of the Act, and
notwithstanding the designation requirement of section
2602(e).</DELETED>

<DELETED>refugee and entrant assistance</DELETED>

<DELETED>    For necessary expenses for refugee and entrant assistance
activities authorized by title IV of the Immigration and Nationality
Act and section 501 of the Refugee Education Assistance Act of 1980
(Public Law 96-422), for carrying out section 462 of the Homeland
Security Act of 2002 (Public Law 107-296), and for carrying out section
5 of the Torture Victims Relief Act of 1998 (Public Law 105-320),
$461,853,000, of which up to $10,000,000 shall be available to carry
out the Trafficking Victims Protection Act of 2000 (Public Law 106-386;
division A): Provided, That funds appropriated under this heading
pursuant to section 414(a) of the Immigration and Nationality Act for
fiscal year 2004 shall be available for the costs of assistance
provided and other activities, to remain available through September
30, 2006.</DELETED>

<DELETED>payments to states for the child care and development block
grant</DELETED>

<DELETED>    For carrying out sections 658A through 658R of the Omnibus
Budget Reconciliation Act of 1981 (The Child Care and Development Block
Grant Act of 1990), $2,099,729,000 shall be used to supplement, not
supplant state general revenue funds for child care assistance for low-
income families: Provided, That $19,120,000 shall be available for
child care resource and referral and school-aged child care activities,
of which $1,000,000 shall be for the Child Care Aware toll free
hotline: Provided further, That, in addition to the amounts required to
be reserved by the States under section 658G, $272,672,000 shall be
reserved by the States for activities authorized under section 658G, of
which $100,000,000 shall be for activities that improve the quality of
infant and toddler care: Provided further, That $9,864,000 shall be for
use by the Secretary for child care research, demonstration, and
evaluation activities.</DELETED>

<DELETED>social services block grant</DELETED>

<DELETED>    For making grants to States pursuant to section 2002 of
the Social Security Act, $1,700,000,000: Provided, That notwithstanding
subparagraph (B) of section 404(d)(2) of such Act, the applicable
percent specified under such subparagraph for a State to carry out
State programs pursuant to title XX of such Act shall be 5.5
percent.</DELETED>

<DELETED>disabled voter services</DELETED>

<DELETED>    For necessary expenses to carry out programs as authorized
by the Help America Vote Act of 2002, $15,000,000, of which $13,000,000
shall be for payments to States to promote disabled voter access, and
of which, $2,000,000 shall be for payments to States for disabled
voters protection and advocacy systems.</DELETED>

<DELETED>children and families services programs</DELETED>

<DELETED>    For carrying out, except as otherwise provided, the
Runaway and Homeless Youth Act, the Developmental Disabilities
Assistance and Bill of Rights Act, the Head Start Act, the Child Abuse
Prevention and Treatment Act, sections 310 and 316 of the Family
Violence Prevention and Services Act, as amended, the Native American
Programs Act of 1974, title II of Public Law 95-266 (adoption
opportunities), the Adoption and Safe Families Act of 1997 (Public Law
105-89), sections 1201 and 1211 of the Children's Health Act of 2000,
the Abandoned Infants Assistance Act of 1988, part B(1) of title IV and
sections 413, 429A, 1110, and 1115 of the Social Security Act, and
sections 40155, 40211, and 40241 of Public Law 103-322; for making
payments under the Community Services Block Grant Act, sections 439(h),
473A, and 477(i) of the Social Security Act, and title IV of Public Law
105-285, and for necessary administrative expenses to carry out said
Acts and titles I, IV, X, XI, XIV, XVI, and XX of the Social Security
Act, the Act of July 5, 1960 (24 U.S.C. ch. 9), the Omnibus Budget
Reconciliation Act of 1981, title IV of the Immigration and Nationality
Act, section 501 of the Refugee Education Assistance Act of 1980,
section 5 of the Torture Victims Relief Act of 1998 (Public Law 105-
320), sections 40155, 40211, and 40241 of Public Law 103-322, and
section 126 and titles IV and V of Public Law 100-485, $8,599,670,000,
of which $43,000,000, to remain available until September 30, 2005,
shall be for grants to States for adoption incentive payments, as
authorized by section 473A of title IV of the Social Security Act (42
U.S.C. 670-679) and may be made for adoptions completed before
September 30, 2004; of which $6,815,570,000 shall be for making
payments under the Head Start Act, of which $1,400,000,000 shall become
available October 1, 2004 and remain available through September 30,
2005; and of which $577,562,000 shall be for making payments under the
Community Services Block Grant Act: Provided, That not less than
$7,250,000 shall be for section 680(3)(B) of the Community Services
Block Grant Act, as amended: Provided further, That to the extent
Community Services Block Grant funds are distributed as grant funds by
a State to an eligible entity as provided under the Act, and have not
been expended by such entity, they shall remain with such entity for
carryover into the next fiscal year for expenditure by such entity
consistent with program purposes: Provided further, That the Secretary
shall establish procedures regarding the disposition of intangible
property which permits grant funds, or intangible assets acquired with
funds authorized under section 680 of the Community Services Block
Grant Act, as amended, to become the sole property of such grantees
after a period of not more than 12 years after the end of the grant for
purposes and uses consistent with the original grant: Provided further,
That funds appropriated for section 680(a)(2) of the Community Services
Block Grant Act, as amended, shall be available for financing
construction and rehabilitation and loans or investments in private
business enterprises owned by community development corporations:
Provided further, That $88,043,000 shall be for activities authorized
by the Runaway and Homeless Youth Act, notwithstanding the allocation
requirements of section 388(a) of such Act, of which $26,413,000 is for
the transitional living program: Provided further, That $50,000,000 is
for a compassion capital fund to provide grants to charitable
organizations to emulate model social service programs and to encourage
research on the best practices of social service
organizations.</DELETED>

<DELETED>promoting safe and stable families</DELETED>

<DELETED>    For carrying out section 436 of the Social Security Act,
$305,000,000 and for section 437, $100,000,000.</DELETED>

<DELETED>payments to states for foster care and adoption
assistance</DELETED>

<DELETED>    For making payments to States or other non-Federal
entities under title IV-E of the Social Security Act,
$5,068,300,000.</DELETED>
<DELETED>    For making payments to States or other non-Federal
entities under title IV-E of the Act, for the first quarter of fiscal
year 2005, $1,767,700,000.</DELETED>
<DELETED>    For making, after May 31 of the current fiscal year,
payments to States or other non-Federal entities under section 474 of
title IV-E, for the last 3 months of the current fiscal year for
unanticipated costs, incurred for the current fiscal year, such sums as
may be necessary.</DELETED>

<DELETED>Administration on Aging</DELETED>

<DELETED>aging services programs</DELETED>

<DELETED>    For carrying out, to the extent not otherwise provided,
the Older Americans Act of 1965, as amended, and section 398 of the
Public Health Service Act, $1,377,421,000, of which $5,000,000 shall be
available for activities regarding medication management, screening,
and education to prevent incorrect medication and adverse drug
reactions; and of which $2,842,000 shall remain available until
September 30, 2006 for the White House Conference on Aging.</DELETED>

<DELETED>Office of the Secretary</DELETED>

<DELETED>general departmental management</DELETED>

<DELETED>    For necessary expenses, not otherwise provided, for
general departmental management, including hire of six sedans, and for
carrying out titles III, XVII, and XX of the Public Health Service Act,
and the United States-Mexico Border Health Commission Act,
$343,284,000, together with $5,813,000 to be transferred and expended
as authorized by section 201(g)(1) of the Social Security Act from the
Hospital Insurance Trust Fund and the Supplemental Medical Insurance
Trust Fund: Provided, That of the funds made available under this
heading for carrying out title XX of the Public Health Service Act,
$11,185,000 shall be for activities specified under section 2003(b)(2),
of which $10,157,000 shall be for prevention service demonstration
grants under section 510(b)(2) of title V of the Social Security Act,
as amended, without application of the limitation of section 2010(c) of
said title XX: Provided further, That of this amount, $49,675,000 is
for minority AIDS prevention and treatment activities; $18,400,000 is
for an Information Technology Security and Innovation Fund for
Department-wide activities involving cybersecurity, information
technology security, and related innovation projects, and $5,000,000 is
to assist Afghanistan in the development of maternal and child health
clinics, consistent with section 103(a)(4)(H) of the Afghanistan
Freedom Support Act of 2002.</DELETED>

<DELETED>office of inspector general</DELETED>

<DELETED>    For expenses necessary for the Office of Inspector General
in carrying out the provisions of the Inspector General Act of 1978, as
amended, $39,497,000: Provided, That, of such amount, necessary sums
are available for providing protective services to the Secretary and
investigating non-payment of child support cases for which non-payment
is a Federal offense under 18 U.S.C. 228.</DELETED>

<DELETED>office for civil rights</DELETED>

<DELETED>    For expenses necessary for the Office for Civil Rights,
$30,936,000, together with not to exceed $3,314,000 to be transferred
and expended as authorized by section 201(g)(1) of the Social Security
Act from the Hospital Insurance Trust Fund and the Supplemental Medical
Insurance Trust Fund.</DELETED>

<DELETED>policy research</DELETED>

<DELETED>    For carrying out, to the extent not otherwise provided,
research studies under section 1110 of the Social Security Act and
title III of the Public Health Service Act, $2,483,000: Provided, That
in addition to amounts provided herein, $18,000,000 shall be available
from amounts available under section 241 of the Public Health Service
Act to carry out national health or human services research and
evaluation activities: Provided further, That the expenditure of any
funds available under section 241 of the Public Health Service Act are
subject to the requirements of section 205 of this Act.</DELETED>

<DELETED>retirement pay and medical benefits for commissioned
officers</DELETED>

<DELETED>    For retirement pay and medical benefits of Public Health
Service Commissioned Officers as authorized by law, for payments under
the Retired Serviceman's Family Protection Plan and Survivor Benefit
Plan, for medical care of dependents and retired personnel under the
Dependents' Medical Care Act (10 U.S.C. ch. 55 and 56), and for
payments pursuant to section 229(b) of the Social Security Act (42
U.S.C. 429(b)), such amounts as may be required during the current
fiscal year. The following are definitions for the medical benefits of
the Public Health Service Commissioned Officers that apply to 10 U.S.C.
chapter 56, section 1116(c). The source of funds for the monthly
accrual payments into the Department of Defense Medicare-Eligible
Retiree Health Care Fund shall be the Retirement Pay and Medical
Benefits for Commissioned Officers account. For purposes of this Act,
the term ``pay of members'' shall be construed to be synonymous with
retirement payments to United States Public Health Service officers who
are retired for age, disability, or length of service; payments to
survivors of deceased officers; medical care to active duty and retired
members and dependents and beneficiaries; and for payments to the
Social Security Administration for military service credits; all of
which payments are provided for by the Retirement Pay and Medical
Benefits for Commissioned Officers account.</DELETED>

<DELETED>public health and social services emergency fund</DELETED>

<DELETED>    For expenses necessary to support activities related to
countering potential biological, disease and chemical threats to
civilian populations, $1,726,846,000: Provided, That this amount is
distributed as follows: Centers for Disease Control and Prevention,
$1,116,156,000; Office of the Secretary, $64,820,000; and Health
Resources and Services Administration; $545,870,000: Provided further,
That at the discretion of the Secretary of Health and Human Services,
these amounts may be transferred between categories subject to normal
reprogramming procedures: Provided further, That employees of the
Centers for Disease Control and Prevention or the Public Health
Service, both civilian and Commissioned Officers, detailed to States,
municipalities, or other organizations under authority of section 214
of the Public Health Service Act for purposes related to homeland
security, shall be treated as non-Federal employees for reporting
purposes only and shall not be included within any personnel ceiling
applicable to the Agency, Service, or the Department of Health and
Human Services during the period of detail or assignment.</DELETED>
<DELETED>    In addition, for activities to ensure a year-round
influenza vaccine production capacity and the development and
implementation of rapidly expandable influenza vaccine production
technologies, $50,000,000, to remain available until
expended.</DELETED>

<DELETED>GENERAL PROVISIONS</DELETED>

<DELETED>    Sec. 201. Funds appropriated in this title shall be
available for not to exceed $50,000 for official reception and
representation expenses when specifically approved by the
Secretary.</DELETED>
<DELETED>    Sec. 202. The Secretary shall make available through
assignment not more than 60 employees of the Public Health Service to
assist in child survival activities and to work in AIDS programs
through and with funds provided by the Agency for International
Development, the United Nations International Children's Emergency Fund
or the World Health Organization.</DELETED>
<DELETED>    Sec. 203. None of the funds appropriated under this Act
may be used to implement section 399F(b) of the Public Health Service
Act or section 1503 of the National Institutes of Health Revitalization
Act of 1993, Public Law 103-43.</DELETED>
<DELETED>    Sec. 204. None of the funds appropriated in this Act for
the National Institutes of Health, the Agency for Healthcare Research
and Quality, and the Substance Abuse and Mental Health Services
Administration shall be used to pay the salary of an individual,
through a grant or other extramural mechanism, at a rate in excess of
Executive Level I.</DELETED>
<DELETED>    Sec. 205. None of the funds appropriated in this Act may
be expended pursuant to section 241 of the Public Health Service Act,
except for funds specifically provided for in this Act, or for other
taps and assessments made by any office located in the Department of
Health and Human Services, prior to the Secretary's preparation and
submission of a report to the Committee on Appropriations of the Senate
and of the House detailing the planned uses of such funds.</DELETED>
<DELETED>    Sec. 206. Notwithstanding section 241(a) of the Public
Health Service Act, such portion as the Secretary shall determine, but
not more than 1.25 percent, of any amounts appropriated for programs
authorized under said Act shall be made available for the evaluation
(directly, or by grants or contracts) of the implementation and
effectiveness of such programs.</DELETED>

<DELETED>(transfer of funds)</DELETED>

<DELETED>    Sec. 207. Not to exceed 1 percent of any discretionary
funds (pursuant to the Balanced Budget and Emergency Deficit Control
Act of 1985, as amended) which are appropriated for the current fiscal
year for the Department of Health and Human Services 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
an appropriation may be increased by up to an additional 2 percent
subject to approval by the House and Senate Committees on
Appropriations: Provided further, That the Appropriations Committees of
both Houses of Congress are notified at least 15 days in advance of any
transfer.</DELETED>
<DELETED>    Sec. 208. The Director of the National Institutes of
Health, jointly with the Director of the Office of AIDS Research, may
transfer up to 3 percent among institutes, centers, and divisions from
the total amounts identified by these two Directors as funding for
research pertaining to the human immunodeficiency virus: Provided, That
the Congress is promptly notified of the transfer.</DELETED>
<DELETED>    Sec. 209. Of the amounts made available in this Act for
the National Institutes of Health, the amount for research related to
the human immunodeficiency virus, as jointly determined by the Director
of the National Institutes of Health and the Director of the Office of
AIDS Research, shall be made available to the ``Office of AIDS
Research'' account. The Director of the Office of AIDS Research shall
transfer from such account amounts necessary to carry out section
2353(d)(3) of the Public Health Service Act.</DELETED>
<DELETED>    Sec. 210. None of the funds appropriated in this Act may
be made available to any entity under title X of the Public Health
Service Act unless the applicant for the award certifies to the
Secretary that it encourages family participation in the decision of
minors to seek family planning services and that it provides counseling
to minors on how to resist attempts to coerce minors into engaging in
sexual activities.</DELETED>
<DELETED>    Sec. 211. None of the funds appropriated by this Act
(including funds appropriated to any trust fund) may be used to carry
out the Medicare+Choice program if the Secretary denies participation
in such program to an otherwise eligible entity (including a Provider
Sponsored Organization) because the entity informs the Secretary that
it will not provide, pay for, provide coverage of, or provide referrals
for abortions: Provided, That the Secretary shall make appropriate
prospective adjustments to the capitation payment to such an entity
(based on an actuarially sound estimate of the expected costs of
providing the service to such entity's enrollees): Provided further,
That nothing in this section shall be construed to change the Medicare
program's coverage for such services and a Medicare+Choice organization
described in this section shall be responsible for informing enrollees
where to obtain information about all Medicare covered
services.</DELETED>
<DELETED>    Sec. 212. Notwithstanding any other provision of law, no
provider of services under title X of the Public Health Service Act
shall be exempt from any State law requiring notification or the
reporting of child abuse, child molestation, sexual abuse, rape, or
incest.</DELETED>
<DELETED>    Sec. 213. (a) Except as provided by subsection (e) none of
the funds appropriated by this Act may be used to withhold substance
abuse funding from a State pursuant to section 1926 of the Public
Health Service Act (42 U.S.C. 300x-26) if such State certifies to the
Secretary of Health and Human Services by May 1, 2004 that the State
will commit additional State funds, in accordance with subsection (b),
to ensure compliance with State laws prohibiting the sale of tobacco
products to individuals under 18 years of age.</DELETED>
<DELETED>    (b) The amount of funds to be committed by a State under
subsection (a) shall be equal to 1 percent of such State's substance
abuse block grant allocation for each percentage point by which the
State misses the retailer compliance rate goal established by the
Secretary of Health and Human Services under section 1926 of such
Act.</DELETED>
<DELETED>    (c) The State is to maintain State expenditures in fiscal
year 2004 for tobacco prevention programs and for compliance activities
at a level that is not less than the level of such expenditures
maintained by the State for fiscal year 2002, and adding to that level
the additional funds for tobacco compliance activities required under
subsection (a). The State is to submit a report to the Secretary on all
fiscal year 2003 State expenditures and all fiscal year 2004
obligations for tobacco prevention and compliance activities by program
activity by July 31, 2004.</DELETED>
<DELETED>    (d) The Secretary shall exercise discretion in enforcing
the timing of the State obligation of the additional funds required by
the certification described in subsection (a) as late as July 31,
2004.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    Sec. 214. In order for the Centers for Disease Control and
Prevention to carry out international health activities, including HIV/
AIDS and other infectious disease, chronic and environmental disease,
and other health activities 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 agreement, to
make available to public or nonprofit private institutions 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
relating to HIV/AIDS and other infectious diseases, chronic and
environmental diseases, and other health activities abroad.</DELETED>
<DELETED>    Sec. 215. (a) In addition to the authority provided in
section 214, in order for the Centers for Disease Control and
Prevention to carry out international health activities, including HIV/
AIDS and other infectious disease, chronic and environmental disease,
and other health activities abroad during fiscal year 2004, the
Secretary of Health and Human Services may exercise authority
equivalent 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)).</DELETED>
<DELETED>    (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 section 207 of the Foreign Service Act of 1980
(22 U.S.C. 3927) and other applicable statutes administered by the
Department of State.</DELETED>
<DELETED>    Sec. 216. The Division of Federal Occupational Health may
utilize personal services contracting to employ professional
management/administrative and occupational health
professionals.</DELETED>
<DELETED>    Sec. 217. CMS Program Management Account.--The amount
otherwise provided by this Act for ``Centers for Medicare and Medicaid
Services--Program Management'' is hereby reduced by
$98,000,000.</DELETED>
<DELETED>    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 available for administrative and related
information technology expenses: Provided, That the Director of the
Centers for Disease Control and Prevention shall determine the
allocation of the reduction among Agency activities, and shall submit
to the Committees on Appropriations a report specifying the proposed
allocation.</DELETED>

<DELETED>TITLE III--DEPARTMENT OF EDUCATION</DELETED>

<DELETED>Education for the Disadvantaged</DELETED>

<DELETED>    For carrying out title I of the Elementary and Secondary
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 Education 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 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
$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
assistance to state and local educational agencies concerning part A of
title I.</DELETED>

<DELETED>Impact Aid</DELETED>

<DELETED>    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
disabilities under section 8003(d), $44,708,000 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.</DELETED>

<DELETED>School Improvement Programs</DELETED>

<DELETED>    For carrying out school improvement activities authorized
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 Secondary 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 appropriated
under this heading may be used to carry out section 5494 under the
Elementary and Secondary Education Act.</DELETED>

<DELETED>Indian Education</DELETED>

<DELETED>    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.</DELETED>

<DELETED>Innovation and Improvement</DELETED>

<DELETED>    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 Secondary Education Act of 1965,
$807,959,000: Provided, That $74,513,000 for continuing and new grants
to demonstrate 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 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 program may be reserved by the
Secretary to conduct an evaluation of the program.</DELETED>

<DELETED>Safe Schools and Citizenship Education</DELETED>

<DELETED>    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, $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 become available on
October 1, 2004 and shall remain available 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
education-related services to local educational agencies in which the
learning environment has been disrupted due to a violent or traumatic
crisis.</DELETED>

<DELETED>English Language Acquisition</DELETED>

<DELETED>    For carrying out title III, part A of the ESEA,
$685,515,000, of which $560,543,000 shall become available on July 1,
2004, and shall remain available through September 30, 2005.</DELETED>

<DELETED>Special Education</DELETED>

<DELETED>    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 September 30, 2005, and of which $5,072,000,000 shall become
available on October 1, 2004, and shall remain available through
September 30, 2005, for academic year 2004-2005: Provided, That
$11,400,000 shall be for Recording for the Blind and Dyslexic to
support the development, 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.</DELETED>

<DELETED>Rehabilitation Services and Disability Research</DELETED>

<DELETED>    For carrying out, to the extent not otherwise provided,
the Rehabilitation Act of 1973, the Assistive Technology Act of 1998,
and the Helen Keller National Center Act, $2,999,165,000.</DELETED>

<DELETED>Special Institutions for Persons With Disabilities</DELETED>

<DELETED>american printing house for the blind</DELETED>

<DELETED>    For carrying out the Act of March 3, 1879, as amended (20
U.S.C. 101 et seq.), $16,500,000.</DELETED>

<DELETED>national technical institute for the deaf</DELETED>

<DELETED>    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 available 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.</DELETED>

<DELETED>gallaudet university</DELETED>

<DELETED>    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.</DELETED>

<DELETED>Vocational and Adult Education</DELETED>

<DELETED>    For carrying out, to the extent not otherwise provided,
the Carl D. Perkins Vocational and Applied Technology Education Act,
and the Adult Education and Family 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 available 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 Education State Grants, $70,000,000 shall
be made available for integrated English literacy and civics education
services to immigrants and other limited English proficient
populations: Provided further, That of the amount reserved 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 immigrants 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
Naturalization Service data for immigrants admitted for legal permanent
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 Education 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 activities 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 agencies: Provided further, That funds made available to
local educational agencies under this subpart shall be used only for
activities related to establishing smaller learning communities in high
schools.</DELETED>

<DELETED>Student Financial Assistance</DELETED>

<DELETED>    For carrying out subparts 1, 3 and 4 of part A, section
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.</DELETED>
<DELETED>    The maximum Pell Grant for which a student shall be
eligible during award year 2004-2005 shall be $4,050.</DELETED>

<DELETED>Student Aid Administration</DELETED>

<DELETED>    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.</DELETED>

<DELETED>Higher Education</DELETED>

<DELETED>    For carrying out, to the extent not otherwise provided,
section 121 and titles II, III, IV, V, VI, and VII of the Higher
Education Act of 1965 (``HEA''), as amended, 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 (reduced by $5,000,000), of which
$2,000,000 for interest subsidies authorized by section 121 of the HEA
shall remain 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
evaluation activities for programs under the HEA, including such
activities needed to comply with the Government Performance 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 participating in advanced foreign
language training and international 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 government,
the professions, or international development: Provided further, That
up to one percent of the funds referred to in the preceding proviso may
be used for program evaluation, national outreach, and information
dissemination activities.</DELETED>

<DELETED>Howard University</DELETED>

<DELETED>    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 pursuant to the Howard University Endowment
Act (Public Law 98-480) and shall remain available until
expended.</DELETED>

<DELETED>College Housing and Academic Facilities Loans</DELETED>

<DELETED>Program</DELETED>

<DELETED>    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.</DELETED>

<DELETED>Historically Black College and University Capital Financing
Program Account</DELETED>

<DELETED>    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.</DELETED>
<DELETED>    For administrative expenses to carry out the Historically
Black College and University Capital Financing Program entered into
pursuant to title III, part D of the Higher Education Act of 1965, as
amended, $210,000.</DELETED>

<DELETED>Institute of Education Sciences</DELETED>

<DELETED>     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 obligation through September 30,
2005.</DELETED>

<DELETED>Departmental Management</DELETED>

<DELETED>Program Administration</DELETED>

<DELETED>    For carrying out, to the extent not otherwise provided,
the Department of Education Organization Act, including rental of
conference rooms in the District of Columbia 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 related
expenses for the relocation of Department staff to Potomac Center Plaza
in Washington, D.C.</DELETED>

<DELETED>Office for Civil Rights</DELETED>

<DELETED>    For expenses necessary for the Office for Civil Rights, as
authorized by section 203 of the Department of Education Organization
Act, $91,275,000.</DELETED>

<DELETED>Office of the Inspector General</DELETED>

<DELETED>    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.</DELETED>

<DELETED>GENERAL PROVISIONS</DELETED>

<DELETED>    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.</DELETED>
<DELETED>    Sec. 302. None of the funds contained in this Act shall be
used to require, directly or indirectly, the transportation 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 includes
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 clustering. The prohibition described in this
section does not include the establishment of magnet schools.</DELETED>
<DELETED>    Sec. 303. No funds appropriated under this Act may be used
to prevent the implementation of programs of voluntary prayer and
meditation in the public schools.</DELETED>

<DELETED>(transfer of funds)</DELETED>

<DELETED>    Sec. 304. Not to exceed 1 percent of any discretionary
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 Appropriations Committees of both
Houses of Congress are notified at least 15 days in advance of any
transfer.</DELETED>
<DELETED>    This title may be cited as the ``Department of Education
Appropriations Act, 2004''.</DELETED>

<DELETED>TITLE IV--RELATED AGENCIES</DELETED>

<DELETED>Armed Forces Retirement Home</DELETED>

<DELETED>    For expenses necessary for the Armed Forces Retirement
Home to operate and maintain the Armed Forces Retirement Home--
Washington and the Armed Forces Retirement Home--Gulfport, to be paid
from funds available 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.</DELETED>

<DELETED>Corporation for National and Community Service</DELETED>

<DELETED>domestic volunteer service programs, operating
expenses</DELETED>

<DELETED>    For expenses necessary for the Corporation for National
and Community Service to carry out the provisions of the Domestic
Volunteer Service Act of 1973, as amended, $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 volunteer leaders whose incomes exceed 125
percent of the national poverty level.</DELETED>

<DELETED>Corporation for Public Broadcasting</DELETED>

<DELETED>    For payment to the Corporation for Public Broadcasting, as
authorized by the Communications Act of 1934, an amount which shall be
available within limitations 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.</DELETED>
<DELETED>    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 associated with the transition of
public broadcasting to digital broadcasting, including costs related to
transmission equipment and program production, development, and
distribution, to be awarded as determinded by the Corporation in
consultation with public radio and television licensees 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 television
interconnection system: Provided, That section 396(k)(3) shall apply
only to amounts remaining after allocations made herein.</DELETED>

<DELETED>Federal Mediation and Conciliation Service</DELETED>

<DELETED>salaries and expenses</DELETED>

<DELETED>    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-Management 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, including $1,500,000, to remain available through
September 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 activities and other conflict resolution services
and technical assistance, including those provided to foreign
governments and international organizations, and for arbitration
services shall be credited to and merged with this account, and shall
remain available until expended: Provided further, That fees for
arbitration services shall be available only for education, training,
and professional development of the agency workforce: Provided further,
That the Director 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.</DELETED>

<DELETED>Federal Mine Safety and Health Review Commission</DELETED>

<DELETED>salaries and expenses</DELETED>

<DELETED>    For expenses necessary for the Federal Mine Safety and
Health Review Commission (30 U.S.C. 801 et seq.), $7,774,000.</DELETED>

<DELETED>Institute of Museum and Library Services</DELETED>

<DELETED>    For carrying out the Museum and Library Services Act of
1996, $238,126,000 to remain available until expended.</DELETED>

<DELETED>Medicare Payment Advisory Commission</DELETED>

<DELETED>salaries and expenses</DELETED>

<DELETED>    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.</DELETED>

<DELETED>National Commission on Libraries and Information
Science</DELETED>

<DELETED>salaries and expenses</DELETED>

<DELETED>    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.</DELETED>

<DELETED>National Council on Disability</DELETED>

<DELETED>salaries and expenses</DELETED>

<DELETED>    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.</DELETED>

<DELETED>National Labor Relations Board</DELETED>

<DELETED>salaries and expenses</DELETED>

<DELETED>    For expenses necessary for the National Labor Relations
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: Provided, That no part of this appropriation shall be
available to organize or assist in organizing agricultural laborers or
used in connection with investigations, hearings, directives, 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 amended,
and as defined in section 3(f) of the Act of June 25, 1938 (29 U.S.C.
203), and including in said definition employees engaged in the
maintenance and operation of ditches, canals, reservoirs, and waterways
when maintained or operated on a mutual, nonprofit basis and at least
95 percent of the water stored or supplied thereby is used for farming
purposes.</DELETED>

<DELETED>National Mediation Board</DELETED>

<DELETED>salaries and expenses</DELETED>

<DELETED>    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 President, $11,421,000.</DELETED>

<DELETED>Occupational Safety and Health Review Commission</DELETED>

<DELETED>salaries and expenses</DELETED>

<DELETED>    For expenses necessary for the Occupational Safety and
Health Review Commission (29 U.S.C. 661), $10,115,000.</DELETED>

<DELETED>Railroad Retirement Board</DELETED>

<DELETED>dual benefits payments account</DELETED>

<DELETED>    For payment to the Dual Benefits Payments Account,
authorized under section 15(d) of the Railroad Retirement 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
addition, 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 approximately equal amounts on the first day of each
month in the fiscal year.</DELETED>

<DELETED>federal payments to the railroad retirement accounts</DELETED>

<DELETED>    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.</DELETED>

<DELETED>limitation on administration</DELETED>

<DELETED>    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 determined by the Board from the railroad retirement accounts and
from moneys credited to the railroad unemployment insurance
administration fund.</DELETED>

<DELETED>limitation on the office of inspector general</DELETED>

<DELETED>    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
unemployment 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, office supplies, communications facilities or
services, maintenance 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.</DELETED>

<DELETED>Social Security Administration</DELETED>

<DELETED>payments to social security trust funds</DELETED>

<DELETED>    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.</DELETED>

<DELETED>supplemental security income program</DELETED>

<DELETED>    For carrying out titles XI and XVI of the Social Security
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 Security trust funds for administrative expenses incurred
pursuant to section 201(g)(1) of the Social Security Act,
$26,221,300,000, to remain available until expended: Provided, 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.</DELETED>
<DELETED>    For making, after June 15 of the current fiscal year,
benefit payments to individuals under title XVI of the Social Security
Act, for unanticipated costs incurred for the current fiscal year, such
sums as may be necessary.</DELETED>
<DELETED>    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 expended.</DELETED>

<DELETED>limitation on administrative expenses</DELETED>

<DELETED>    For necessary expenses, including the hire of two
passenger motor vehicles, and not to exceed $15,000 for official
reception and representation expenses, not more than $8,241,800,000 may
be expended, as authorized by section 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 Social Security Administration information technology and
telecommunications hardware and software infrastructure, including
related equipment and non-payroll administrative expenses associated
solely with this information technology 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 policies, 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.</DELETED>
<DELETED>    In addition, $120,000,000 to be derived from
administration fees in excess of $5.00 per supplementary payment
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 appropriations Acts.</DELETED>
<DELETED>    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 programs targeted to elderly and disabled
individuals under titles XVIII and XIX of the Social Security
Act.</DELETED>

<DELETED>office of inspector general</DELETED>

<DELETED>(including transfer of funds)</DELETED>

<DELETED>    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 expended as authorized by section 201(g)(1) of the
Social Security Act from the Federal Old-Age and Survivors Insurance
Trust Fund and the Federal Disability Insurance Trust Fund.</DELETED>
<DELETED>    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 transfers shall be transmitted promptly to the
Committees on Appropriations of the House and Senate.</DELETED>

<DELETED>United States Institute of Peace</DELETED>

<DELETED>operating expenses</DELETED>

<DELETED>    For necessary expenses of the United States Institute of
Peace as authorized in the United States Institute of Peace Act,
$17,200,000.</DELETED>

<DELETED>TITLE V--GENERAL PROVISIONS</DELETED>

<DELETED>    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.</DELETED>
<DELETED>    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.</DELETED>
<DELETED>    Sec. 503. (a) No part of any appropriation contained in
this Act shall be used, other than for normal and recognized executive-
legislative relationships, for publicity or propaganda purposes, for
the preparation, distribution, or use of any kit, pamphlet, booklet,
publication, radio, television, or video presentation designed to
support or defeat legislation pending before the Congress or any State
legislature, except in presentation to the Congress or any State
legislature itself.</DELETED>
<DELETED>    (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 recipient, related to any activity
designed to influence legislation or appropriations pending before the
Congress or any State legislature.</DELETED>
<DELETED>    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 salaries and expenses under
titles I and III, respectively, for official reception and
representation expenses; the Director of the Federal Mediation and
Conciliation Service is authorized to make available for official
reception and representation expenses not to exceed $5,000 from the
funds available for ``Salaries and expenses, Federal Mediation and
Conciliation Service''; and the Chairman of the National Mediation
Board is authorized to make available for official reception and
representation expenses not to exceed $5,000 from funds available for
``Salaries and expenses, National Mediation Board''.</DELETED>
<DELETED>    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 needles or syringes for the hypodermic
injection of any illegal drug.</DELETED>
<DELETED>    Sec. 506. (a) It is the sense of the Congress that, to the
greatest extent practicable, all equipment and products purchased with
funds made available in this Act should be American-made.</DELETED>
<DELETED>    (b) In providing financial assistance to, or entering into
any contract with, any entity using funds made available 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.</DELETED>
<DELETED>    (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 inscription 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.</DELETED>
<DELETED>    Sec. 507. When issuing statements, press releases,
requests for proposals, bid solicitations and other documents
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 research 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.</DELETED>
<DELETED>    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.</DELETED>
<DELETED>    (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 abortion.</DELETED>
<DELETED>    (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 arrangement.</DELETED>
<DELETED>    Sec. 509. (a) The limitations established in the preceding
section shall not apply to an abortion--</DELETED>
<DELETED>    (1) if the pregnancy is the result of an act of
rape or incest; or</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (b) Nothing in the preceding section shall be construed 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).</DELETED>
<DELETED>    (c) Nothing in the preceding section shall be construed as
restricting the ability of any managed care provider from offering
abortion coverage or the ability of a State or locality to contract
separately with such a provider for such coverage with State funds
(other than a State's or locality's contribution of Medicaid matching
funds).</DELETED>
<DELETED>    Sec. 510. (a) None of the funds made available in this Act
may be used for--</DELETED>
<DELETED>    (1) the creation of a human embryo or embryos for
research purposes; or</DELETED>
<DELETED>    (2) research in which a human embryo or embryos
are destroyed, discarded, or knowingly subjected 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)).</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    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 established by section 202 of the Controlled
Substances Act (21 U.S.C. 812).</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    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--</DELETED>
<DELETED>    (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 Secretary of Labor concerning
employment of certain veterans; and</DELETED>
<DELETED>    (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 entity.</DELETED>
<DELETED>    Sec. 513. None of the funds made available in this Act may
be used to promulgate or adopt any final standard under section 1173(b)
of the Social Security Act (42 U.S.C. 1320d-2(b)) providing for, or
providing for the assignment 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 specifically
approving the standard.</DELETED>
<DELETED>    Sec. 514. None of the funds made available in this Act may
be transferred to any department, agency, or instrumentality of the
United States Government, except pursuant to a transfer made by, or
transfer authority provided in, this Act or any other appropriation
Act.</DELETED>
<DELETED>    Sec. 515. (a) The matter under the heading ``Department of
Education--Education for the Disadvantaged'' in division G of Public
Law 108-7 is amended--</DELETED>
<DELETED>    (1) by striking ``$4,651,199,000'' and inserting
``$6,895,199,000''; and</DELETED>
<DELETED>    (2) by striking ``$9,027,301,000'' and inserting
``$6,783,301,000''.</DELETED>
<DELETED>    (b) The amendments made by subsection (a) shall take
effect on the date of the enactment of this Act.</DELETED>
<DELETED>    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 paragraph (1) of section 224(f) of such Act
(20 U.S.C. 9134(f)), as amended by the Children's Internet Protections
Act, unless such library has made the certifications required by
paragraph (4) of such section.</DELETED>
<DELETED>    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 paragraph (1) of section 2441(a) of such Act (20 U.S.C.
6777(a)), as amended by the Children's Internet Protections Act and the
No Child Left Behind Act, unless the local educational agency with
responsibility for such covered school has made the certifications
required by paragraph (2) of such section.</DELETED>
<DELETED>    This Act may be cited as the ``Departments of Labor,
Health and Human Services, and Education, and Related Agencies
Appropriations Act, 2004''.</DELETED>
That the following sums are appropriated, out of any money in the
Treasury not otherwise appropriated, 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, namely:

TITLE I--DEPARTMENT OF LABOR

Employment and Training Administration

training and employment services

For necessary expenses of the Workforce Investment Act of 1998,
including the purchase and hire of passenger motor vehicles, the
construction, alteration, and repair of buildings and other facilities,
and the purchase of real property for training centers as authorized by
the Workforce Investment Act of 1998; $2,652,588,000 plus
reimbursements, of which $1,631,407,000 is available for obligation for
the period July 1, 2004 through June 30, 2005; of which $1,000,965,000
is available for obligation for the period April 1, 2004 through June
30, 2005, to carry out chapter 4 of the Workforce Investment Act of
1998; and of which $20,216,000 is available for the period July 1, 2004
through June 30, 2007 for necessary expenses of construction,
rehabilitation, and acquisition of Job Corps centers: Provided, That
notwithstanding any other provision of law, of the funds provided
herein under section 137(c) of the Workforce Investment Act of 1998,
$276,608,000 shall be for activities described in section 132(a)(2)(A)
of such Act and $1,155,152,000 shall be for activities described in
section 132(a)(2)(B) of such Act: Provided further, That $9,039,000
shall be for carrying out section 172 of the Workforce Investment Act
of 1998: Provided further, That, notwithstanding any other provision of
law or related regulation, $77,330,000 shall be for carrying out
section 167 of the Workforce Investment Act of 1998, including
$72,213,000 for formula grants, $4,610,000 for migrant and seasonal
housing, and $507,000 for other discretionary purposes: Provided
further, That $4,609,840 appropriated under this heading in Public Law
108-7 for migrant and seasonal housing under section 167 of the
Workforce Investment Act of 1998 and available for obligation for the
period July 1, 2003 through June 30, 2004 is hereby rescinded: Provided
further, That $4,609,840 is available for obligation for the period
July 1, 2003 through June 30, 2004, for farmworker housing
organizations with grants expiring June 30, 2003 to carry out migrant
and seasonal housing activities, including permanent housing at the
option of grantees, under section 167 of the Workforce Investment Act
of 1998: Provided further, That funds provided to carry out section
171(d) of the Workforce Investment Act of 1998 may be used for
demonstration projects that provide assistance to new entrants in the
workforce and incumbent workers: Provided further, That no funds from
any other appropriation shall be used to provide meal services at or
for Job Corps centers.
For necessary expenses of the Workforce Investment Act of 1998,
including the purchase and hire of passenger motor vehicles, the
construction, alteration, and repair of buildings and other facilities,
and the purchase of real property for training centers as authorized by
the Workforce Investment Act of 1998; $2,463,000,000 plus
reimbursements, of which $2,363,000,000 is available for obligation for
the period October 1, 2004 through June 30, 2005, and of which
$100,000,000 is available for the period October 1, 2004 through June
30, 2007, for necessary expenses of construction, rehabilitation, and
acquisition of Job Corps centers.
For necessary expenses of the Workforce Investment Act of 1998,
including the purchase and hire of passenger motor vehicles, the
construction, alteration, and repair of buildings and other facilities,
and the purchase of real property for training centers as authorized by
the Workforce Investment Act of 1998, $25,000,000 may be used to carry
out activities described in section 132(a)(2)(B) of that Act (relating
to dislocated worker employment and training activities and other
activities for dislocated workers).

community service employment for older americans

To carry out title V of the Older Americans Act of 1965, as
amended, $442,306,000.

federal unemployment benefits and allowances

For payments during the current fiscal year of trade adjustment
benefit payments and allowances under part I; and for training,
allowances for job search and relocation, and related State
administrative expenses under part II of chapter 2, title II of the
Trade Act of 1974 (including the benefits and services described under
sections 123(c)(2) and 151(b) and (c) of the Trade Adjustment
Assistance Reform Act of 2002, Public Law 107-210), $1,338,200,000,
together with such amounts as may be necessary to be charged to the
subsequent appropriation for payments for any period subsequent to
September 15 of the current year.

state unemployment insurance and employment service operations

For authorized administrative expenses, $142,520,000, together with
not to exceed $3,478,032,000 (including not to exceed $1,228,000 which
may be used for amortization payments to States which had independent
retirement plans in their State employment service agencies prior to
1980), which may be expended from the Employment Security
Administration Account in the Unemployment Trust Fund including the
cost of administering section 51 of the Internal Revenue Code of 1986,
as amended, section 7(d) of the Wagner-Peyser Act, as amended, the
Trade Act of 1974, as amended, the Immigration Act of 1990, and the
Immigration and Nationality Act, as amended, and of which the sums
available in the allocation for activities authorized by title III of
the Social Security Act, as amended (42 U.S.C. 502-504), and the sums
available in the allocation for necessary administrative expenses for
carrying out 5 U.S.C. 8501-8523, shall be available for obligation by
the States through December 31, 2004, except that funds used for
automation acquisitions shall be available for obligation by the States
through September 30, 2006; of which $142,520,000, together with not to
exceed $768,257,000 of the amount which may be expended from said trust
fund, shall be available for obligation for the period July 1, 2004
through June 30, 2005, to fund activities under the Act of June 6,
1933, as amended, including the cost of penalty mail authorized under
39 U.S.C. 3202(a)(1)(E) made available to States in lieu of allotments
for such purpose: Provided, That to the extent that the Average Weekly
Insured Unemployment (AWIU) for fiscal year 2004 is projected by the
Department of Labor to exceed 3,227,000, an additional $28,600,000
shall be available for obligation for every 100,000 increase in the
AWIU level (including a pro rata amount for any increment less than
100,000) from the Employment Security Administration Account of the
Unemployment Trust Fund: Provided further, That funds appropriated in
this Act which are used to establish a national one-stop career center
system, or which are used to support the national activities of the
Federal-State unemployment insurance programs, may be obligated in
contracts, grants or agreements with non-State entities: Provided
further, That funds appropriated under this Act for activities
authorized under the Wagner-Peyser Act, as amended, and title III of
the Social Security Act, may be used by the States to fund integrated
Employment Service and Unemployment Insurance automation efforts,
notwithstanding cost allocation principles prescribed under Office of
Management and Budget Circular A-87.

advances to the unemployment trust fund and other funds

For repayable advances to the Unemployment Trust Fund as authorized
by sections 905(d) and 1203 of the Social Security Act, as amended, and
to the Black Lung Disability Trust Fund as authorized by section
9501(c)(1) of the Internal Revenue Code of 1954, as amended; and for
nonrepayable advances to the Unemployment Trust Fund as authorized by
section 8509 of title 5, United States Code, and to the ``Federal
unemployment benefits and allowances'' account, to remain available
until September 30, 2005, $467,000,000.
In addition, for making repayable advances to the Black Lung
Disability Trust Fund in the current fiscal year after September 15,
2004, for costs incurred by the Black Lung Disability Trust Fund in the
current fiscal year, such sums as may be necessary.

program administration

For expenses of administering employment and training programs,
$115,824,000, including $2,393,000 to administer welfare-to-work
grants, together with not to exceed $63,137,000, which may be expended
from the Employment Security Administration Account in the Unemployment
Trust Fund.

Employee Benefits Security Administration

salaries and expenses

For necessary expenses for the Employee Benefits Security
Administration, $121,316,000.

Pension Benefit Guaranty Corporation

pension benefit guaranty corporation fund

The Pension Benefit Guaranty Corporation is authorized to make such
expenditures, including financial assistance authorized by section 104
of Public Law 96-364, within limits of funds and borrowing authority
available to such Corporation, and in accord with law, and to make such
contracts and commitments without regard to fiscal year limitations as
provided by section 104 of the Government Corporation Control Act, as
amended (31 U.S.C. 9104), as may be necessary in carrying out the
program, including associated administrative expenses, through
September 30, 2004 for such Corporation: Provided, That none of the
funds available to the Corporation for fiscal year 2004 shall be
available for obligations for administrative expenses in excess of
$228,772,000: Provided further, That obligations in excess of such
amount may be incurred after approval by the Office of Management and
Budget and the Committees on Appropriations of the House and Senate.

Employment Standards Administration

salaries and expenses

For necessary expenses for the Employment Standards Administration,
including reimbursement to State, Federal, and local agencies and their
employees for inspection services rendered, $390,045,000, together with
$2,016,000 which may be expended from the Special Fund in accordance
with sections 39(c), 44(d) and 44(j) of the Longshore and Harbor
Workers' Compensation Act: Provided, That $2,000,000 shall be for the
development of an alternative system for the electronic submission of
reports required to be filed under the Labor-Management Reporting and
Disclosure Act of 1959, as amended, and for a computer database of the
information for each submission by whatever means, that is indexed and
easily searchable by the public via the Internet: Provided further,
That the Secretary of Labor is authorized to accept, retain, and spend,
until expended, in the name of the Department of Labor, all sums of
money ordered to be paid to the Secretary of Labor, in accordance with
the terms of the Consent Judgment in Civil Action No. 91-0027 of the
United States District Court for the District of the Northern Mariana
Islands (May 21, 1992): Provided further, That the Secretary of Labor
is authorized to establish and, in accordance with 31 U.S.C. 3302,
collect and deposit in the Treasury fees for processing applications
and issuing certificates under sections 11(d) and 14 of the Fair Labor
Standards Act of 1938, as amended (29 U.S.C. 211(d) and 214) and for
processing applications and issuing registrations under title I of the
Migrant and Seasonal Agricultural Worker Protection Act (29 U.S.C. 1801
et seq.).

special benefits

(including transfer of funds)

For the payment of compensation, benefits, and expenses (except
administrative expenses) accruing during the current or any prior
fiscal year authorized by title 5, chapter 81 of the United States
Code; continuation of benefits as provided for under the heading
``Civilian War Benefits'' in the Federal Security Agency Appropriation
Act, 1947; the Employees' Compensation Commission Appropriation Act,
1944; sections 4(c) and 5(f) of the War Claims Act of 1948 (50 U.S.C.
App. 2012); and 50 percent of the additional compensation and benefits
required by section 10(h) of the Longshore and Harbor Workers'
Compensation Act, as amended, $163,000,000, together with such amounts
as may be necessary to be charged to the subsequent year appropriation
for the payment of compensation and other benefits for any period
subsequent to August 15 of the current year: Provided, That amounts
appropriated may be used under section 8104 of title 5, United States
Code, by the Secretary of Labor to reimburse an employer, who is not
the employer at the time of injury, for portions of the salary of a
reemployed, disabled beneficiary: Provided further, That balances of
reimbursements unobligated on September 30, 2003, shall remain
available until expended for the payment of compensation, benefits, and
expenses: Provided further, That in addition there shall be transferred
to this appropriation from the Postal Service and from any other
corporation or instrumentality required under section 8147(c) of title
5, United States Code, to pay an amount for its fair share of the cost
of administration, such sums as the Secretary determines to be the cost
of administration for employees of such fair share entities through
September 30, 2004: Provided further, That of those funds transferred
to this account from the fair share entities to pay the cost of
administration of the Federal Employees' Compensation Act, $39,315,000
shall be made available to the Secretary as follows: (1) for
enhancement and maintenance of automated data processing systems and
telecommunications systems, $11,618,000; (2) for automated workload
processing operations, including document imaging, centralized mail
intake and medical bill processing, $14,496,000; (3) for periodic roll
management and medical review, $13,201,000; and (4) the remaining funds
shall be paid into the Treasury as miscellaneous receipts: Provided
further, That the Secretary may require that any person filing a notice
of injury or a claim for benefits under chapter 81 of title 5, United
States Code, or 33 U.S.C. 901 et seq., provide as part of such notice
and claim, such identifying information (including Social Security
account number) as such regulations may prescribe.

special benefits for disabled coal miners

For carrying out title IV of the Federal Mine Safety and Health Act
of 1977, as amended by Public Law 107-275, (the ``Act''), $300,000,000,
to remain available until expended.
For making after July 31 of the current fiscal year, benefit
payment to individuals under title IV of the Act, for costs incurred in
the current fiscal year, such amounts as may be necessary.
For making benefit payments under title IV of the first quarter of
fiscal year 2005, $88,000,000, to remain available until expended.

administrative expenses, energy employees occupational illness
compensation fund

(including transfer of funds)

For necessary expenses to administer the Energy Employees
Occupational Illness Compensation Act, $55,074,000, to remain available
until expended: Provided, That the Secretary of Labor is authorized to
transfer to any executive agency with authority under the Energy
Employees Occupational Illness Compensation Act, including within the
Department of Labor, such sums as may be necessary in fiscal year 2004
to carry out those authorities: Provided further, That the Secretary
may require that any person filing a claim for benefits under the Act
provide as part of such claim, such identifying information (including
Social Security account number) as may be prescribed.

black lung disability trust fund

(including transfer of funds)

Beginning in fiscal year 2004 and thereafter, such sums as may be
necessary from the Black Lung Disability Trust Fund, to remain
available until expended, for payment of all benefits authorized by
section 9501(d)(1), (2), (4), and (7) of the Internal Revenue Code of
1954, as amended; and interest on advances, as authorized by section
9501(c)(2) of that Act. In addition, the following amounts shall be
available from the Fund for fiscal year 2004 for expenses of operation
and administration of the Black Lung Benefits program, as authorized by
section 9501(d)(5): $32,004,000 for transfer to the Employment
Standards Administration, ``Salaries and Expenses''; $23,401,000 for
transfer to Departmental Management, ``Salaries and Expenses'';
$338,000 for transfer to Departmental Management, ``Office of Inspector
General''; and $356,000 for payments into miscellaneous receipts for
the expenses of the Department of the Treasury.

Occupational Safety and Health Administration

salaries and expenses

For necessary expenses for the Occupational Safety and Health
Administration, $463,324,000, including not to exceed $93,263,000 which
shall be the maximum amount available for grants to States under
section 23(g) of the Occupational Safety and Health Act (the ``Act''),
which grants shall be no less than 50 percent of the costs of State
occupational safety and health programs required to be incurred under
plans approved by the Secretary under section 18 of the Act; and, in
addition, notwithstanding 31 U.S.C. 3302, the Occupational Safety and
Health Administration may retain up to $750,000 per fiscal year of
training institute course tuition fees, otherwise authorized by law to
be collected, and may utilize such sums for occupational safety and
health training and education grants: Provided, That, notwithstanding
31 U.S.C. 3302, the Secretary of Labor is authorized, during the fiscal
year ending September 30, 2004, to collect and retain fees for services
provided to Nationally Recognized Testing Laboratories, and may utilize
such sums, in accordance with the provisions of 29 U.S.C. 9a, to
administer national and international laboratory recognition programs
that ensure the safety of equipment and products used by workers in the
workplace: Provided further, That none of the funds appropriated under
this paragraph shall be obligated or expended to prescribe, issue,
administer, or enforce any standard, rule, regulation, or order under
the Act which is applicable to any person who is engaged in a farming
operation which does not maintain a temporary labor camp and employs 10
or fewer employees: Provided further, That no funds appropriated under
this paragraph shall be obligated or expended to administer or enforce
any standard, rule, regulation, or order under the Act with respect to
any employer of 10 or fewer employees who is included within a category
having an occupational injury lost workday case rate, at the most
precise Standard Industrial Classification Code for which such data are
published, less than the national average rate as such rates are most
recently published by the Secretary, acting through the Bureau of Labor
Statistics, in accordance with section 24 of that Act (29 U.S.C. 673),
except--
(1) to provide, as authorized by such Act, consultation,
technical assistance, educational and training services, and to
conduct surveys and studies;
(2) to conduct an inspection or investigation in response
to an employee complaint, to issue a citation for violations
found during such inspection, and to assess a penalty for
violations which are not corrected within a reasonable
abatement period and for any willful violations found;
(3) to take any action authorized by such Act with respect
to imminent dangers;
(4) to take any action authorized by such Act with respect
to health hazards;
(5) to take any action authorized by such Act with respect
to a report of an employment accident which is fatal to one or
more employees or which results in hospitalization of two or
more employees, and to take any action pursuant to such
investigation authorized by such Act; and
(6) to take any action authorized by such Act with respect
to complaints of discrimination against employees for
exercising rights under such Act:
Provided further, That the foregoing proviso shall not apply to any
person who is engaged in a farming operation which does not maintain a
temporary labor camp and employs 10 or fewer employees: Provided
further, That not less than $3,200,000 shall be used to extend funding
for the Institutional Competency Building training grants which
commenced in September 2000, for program activities for the period of
September 30, 2003 to September 30, 2004, provided that a grantee has
demonstrated satisfactory performance.

Mine Safety and Health Administration

salaries and expenses

For necessary expenses for the Mine Safety and Health
Administration, $270,711,000, including purchase and bestowal of
certificates and trophies in connection with mine rescue and first-aid
work, and the hire of passenger motor vehicles; including up to
$2,000,000 for mine rescue and recovery activities; in addition, not to
exceed $750,000 may be collected by the National Mine Health and Safety
Academy for room, board, tuition, and the sale of training materials,
otherwise authorized by law to be collected, to be available for mine
safety and health education and training activities, notwithstanding 31
U.S.C. 3302; and, in addition, the Mine Safety and Health
Administration may retain up to $1,000,000 from fees collected for the
approval and certification of equipment, materials, and explosives for
use in mines, and may utilize such sums for such activities; the
Secretary is authorized to accept lands, buildings, equipment, and
other contributions from public and private sources and to prosecute
projects in cooperation with other agencies, Federal, State, or
private; the Mine Safety and Health Administration is authorized to
promote health and safety education and training in the mining
community through cooperative programs with States, industry, and
safety associations; and any funds available to the department may be
used, with the approval of the Secretary, to provide for the costs of
mine rescue and survival operations in the event of a major disaster.

Bureau of Labor Statistics

salaries and expenses

For necessary expenses for the Bureau of Labor Statistics,
including advances or reimbursements to State, Federal, and local
agencies and their employees for services rendered, $445,113,000,
together with not to exceed $75,110,000, which may be expended from the
Employment Security Administration Account in the Unemployment Trust
Fund, of which $5,000,000 may be used to fund the mass layoff
statistics program under section 15 of the Wagner-Peyser Act (29 U.S.C.
49l-2).

Office of Disability Employment Policy

salaries and expenses

For necessary expenses for the Office of Disability Employment
Policy to provide leadership, develop policy and initiatives, and award
grants furthering the objective of eliminating barriers to the training
and employment of people with disabilities, $47,333,000.

Departmental Management

salaries and expenses

For necessary expenses for Departmental Management, including the
hire of three sedans, and including the management or operation,
through contracts, grants or other arrangements of Departmental
activities conducted by or through the Bureau of International Labor
Affairs, including bilateral and multilateral technical assistance and
other international labor activities, and $48,565,000, for the
acquisition of Departmental information technology, architecture,
infrastructure, equipment, software and related needs which will be
allocated by the Department's Chief Information Officer in accordance
with the Department's capital investment management process to assure a
sound investment strategy; $351,295,000; together with not to exceed
$314,000, which may be expended from the Employment Security
Administration Account in the Unemployment Trust Fund: Provided, That
no funds made available by this Act may be used by the Solicitor of
Labor to participate in a review in any United States court of appeals
of any decision made by the Benefits Review Board under section 21 of
the Longshore and Harbor Workers' Compensation Act (33 U.S.C. 921)
where such participation is precluded by the decision of the United
States Supreme Court in Director, Office of Workers' Compensation
Programs v. Newport News Shipbuilding, 115 S. Ct. 1278 (1995),
notwithstanding any provisions to the contrary contained in Rule 15 of
the Federal Rules of Appellate Procedure: Provided further, That no
funds made available by this Act may be used by the Secretary of Labor
to review a decision under the Longshore and Harbor Workers'
Compensation Act (33 U.S.C. 901 et seq.) that has been appealed and
that has been pending before the Benefits Review Board for more than 12
months: Provided further, That any such decision pending a review by
the Benefits Review Board for more than 1 year shall be considered
affirmed by the Benefits Review Board on the 1-year anniversary of the
filing of the appeal, and shall be considered the final order of the
Board for purposes of obtaining a review in the United States courts of
appeals: Provided further, That these provisions shall not be
applicable to the review or appeal of any decision issued under the
Black Lung Benefits Act (30 U.S.C. 901 et seq.): Provided further, That
of this amount, sufficient funds shall be available for the Secretary
of Labor, not later than 60 days after the last day of the fiscal year,
may submit to Congress a report on the amount of acquisitions made by
the Department of Labor during such fiscal year of articles, materials,
or supplies that were manufactured outside the United States. Such
report shall separately indicate the dollar value of any articles,
materials, or supplies purchased by the Department of Labor that were
manufactured outside the United States, an itemized list of all waivers
under the Buy American Act (41 U.S.C. 10a et seq.) that were granted
with respect to such articles, materials, or supplies, and a summary of
total procurement funds spent on goods manufactured in the United
States versus funds spent on goods manufactured outside of the United
States. The Secretary of Labor shall make the report publicly available
by posting the report on an Internet website.

veterans employment and training

Not to exceed $193,443,000 may be derived from the Employment
Security Administration Account in the Unemployment Trust Fund to carry
out the provisions of 38 U.S.C. 4100-4012, 4211-4215, and 4321-4327,
and Public Law 103-353, and which shall be available for obligation by
the States through December 31, 2004, of which $2,000,000 is for the
National Veterans' Employment and Training Services Institute. To carry
out the Homeless Veterans Reintegration Programs (38 U.S.C. 2021) and
the Veterans Workforce Investment Programs (29 U.S.C. 2913),
$26,550,000, of which $7,550,000 shall be available for obligation for
the period July 1, 2004 through June 30, 2005.

office of inspector general

For salaries and expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978, as
amended, $59,291,000, together with not to exceed $5,561,000, which may
be expended from the Employment Security Administration Account in the
Unemployment Trust Fund.

working capital fund

For the acquisition of a new core accounting system for the
Department of Labor, including hardware and software infrastructure and
the costs associated with implementation thereof, $9,700,000.

GENERAL PROVISIONS

Sec. 101. None of the funds appropriated in this title for the Job
Corps shall be used to pay the compensation of an individual, either as
direct costs or any proration as an indirect cost, at a rate in excess
of Executive Level II.

(transfer of funds)

Sec. 102. Not to exceed 1 percent of any discretionary funds
(pursuant to the Balanced Budget and Emergency Deficit Control Act of
1985, as amended) which are appropriated for the current fiscal year
for the Department of Labor 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 Appropriations
Committees of both Houses of Congress are notified at least 15 days in
advance of any transfer.
Sec. 103. In accordance with Executive Order No. 13126, none of the
funds appropriated or otherwise made available pursuant to this Act
shall be obligated or expended for the procurement of goods mined,
produced, manufactured, or harvested or services rendered, whole or in
part, by forced or indentured child labor in industries and host
countries already identified by the United States Department of Labor
prior to enactment of this Act.
Sec. 104. There is authorized to be appropriated such sums as may
be necessary to the Denali Commission through the Department of Labor
to conduct job training of the local workforce where Denali Commission
projects will be constructed.
Sec. 105. Of the funds appropriated for fiscal year 1999 under
section 403(a)(5)(H)(i)(II) of the Social Security Act (42 U.S.C.
603(a)(5)(H)(i)(II)) that were allotted as welfare to work formula
grants to the States under section 403(a)(5)(A) of such Act (42 U.S.C.
603(a)(5)(A)), $210,833,000 is hereby rescinded. In order to carry out
this section, the Secretary of Labor shall recapture unexpended funds
from the States that have received such allotments based on the
relative amount of funds from such allotments that remain unexpended in
each State as compared to the total amount of funds from such
allotments that remain unexpended in all States as of September 30,
2003. The Secretary of Labor is authorized to establish such procedures
as the Secretary determines are appropriate to carry out this section.
Sec. 106. None of the funds provided under this Act shall be used
to promulgate or implement any regulation that exempts from the
requirements of section 7 of the Fair Labor Standards Act of 1938 (29
U.S.C. 207) any employee who is not otherwise exempted pursuant to
regulations under section 13 of such Act (29 U.S.C. 213) that were in
effect as of September 3, 2003.
Sec. 107. The Department of Labor may cease the implementation of
closing procedures for the Department of Labor Employment and Training
Administration regional office in New York City, New York, and the
Employment and Training Administration affiliate offices in Seattle,
Washington, Kansas City, Missouri, and Denver, Colorado until September
30, 2004.
Sec. 108. (a) Findings.--Congress finds that--
(1) it is projected that the Department of Labor, in
conjunction with labor, industry, and the National Institute
for Occupational Safety and Health, will be undertaking several
months of testing on Personal Dust Monitor production
prototypes; and
(2) the testing of Personal Dust Monitor prototypes is set
to begin (by late May or early June of 2004) following the
scheduled delivery of the Personal Dust Monitors in May 2004.
(b) Re-proposal of Rule.--Following the successful demonstration of
Personal Dust Monitor technology, and if the Secretary of Labor makes a
determination that Personal Dust Monitors can be effectively applied in
a regulatory scheme, the Secretary of Labor shall re-propose a rule on
respirable coal dust which incorporates the use of Personal Dust
Monitors, and, if such rule is re-proposed, the Secretary shall comply
with the regular procedures applicable to Federal rulemaking.
This title may be cited as the ``Department of Labor Appropriations
Act, 2004''.

TITLE II--DEPARTMENT OF HEALTH AND HUMAN SERVICES

Health Resources and Services Administration

health resources and services

For carrying out titles II, III, IV, VII, VIII, X, XII, XIX, and
XXVI of the Public Health Service Act, section 427(a) of the Federal
Coal Mine Health and Safety Act, title V (including section 510), and
sections 1128E and 1820 of the Social Security Act, the Health Care
Quality Improvement Act of 1986, as amended, the Native Hawaiian Health
Care Act of 1988, as amended, the Cardiac Arrest Survival Act of 2000,
and the Poison Control Center Enhancement and Awareness Act,
$5,881,322,000, of which $39,740,000 from general revenues,
notwithstanding section 1820(j) of the Social Security Act, shall be
available for carrying out the Medicare rural hospital flexibility
grants program under section 1820 of such Act: Provided, That of the
funds made available under this heading, $250,000 shall be available
until expended for facilities renovations at the Gillis W. Long
Hansen's Disease Center: Provided further, That in addition to fees
authorized by section 427(b) of the Health Care Quality Improvement Act
of 1986, fees shall be collected for the full disclosure of information
under the Act sufficient to recover the full costs of operating the
National Practitioner Data Bank, and shall remain available until
expended to carry out that Act: Provided further, That fees collected
for the full disclosure of information under the ``Health Care Fraud
and Abuse Data Collection Program'', authorized by section 1128E(d)(2)
of the Social Security Act, shall be sufficient to recover the full
costs of operating the program, and shall remain available until
expended to carry out that Act: Provided further, that no more than
$10,000,000 is available for carrying out the provisions of U.S.C.
Title 42 Section 233(o) including associated administrative expenses:
Provided further, That $10,000,000 is to establish a National Cord
Blood Stem Cell Bank Program: Provided further, That no more than
$45,000,000 is available for carrying out the provisions of Public Law
104-73: Provided further, That of the funds made available under this
heading, $283,350,000 shall be for the program under title X of the
Public Health Service Act to provide for voluntary family planning
projects: Provided further, That amounts provided to said projects
under such title shall not be expended for abortions, that all
pregnancy counseling shall be nondirective, and that such amounts shall
not be expended for any activity (including the publication or
distribution of literature) that in any way tends to promote public
support or opposition to any legislative proposal or candidate for
public office: Provided further, That $739,000,000 shall be for State
AIDS Drug Assistance Programs authorized by section 2616 of the Public
Health Service Act: Provided further, That in addition to amounts
provided herein, $25,000,000 shall be available from amounts available
under section 241 of the Public Health Service Act to carry out Parts
A, B, C, and D of title XXVI of the Public Health Service Act to fund
section 2691 Special Projects of National Significance: Provided
further, That notwithstanding section 502(a)(1) of the Social Security
Act, not to exceed $116,381,000 is available for carrying out special
projects of regional and national significance pursuant to section
501(a)(2) of such Act: Provided further, That $73,044,000 is available
for special projects of regional and national significance under
section 501(a)(2) of the Social Security Act, which shall not be
counted toward compliance with the allocation required in section
502(a)(1) of such Act, and which shall be used only for making
competitive grants to provide abstinence education (as defined in
section 510(b)(2) of such Act) to adolescents and for evaluations
(including longitudinal evaluations) of activities under the grants and
for Federal costs of administering the grants: Provided further, That
grants under the immediately preceding proviso shall be made only to
public and private entities which agree that, with respect to an
adolescent to whom the entities provide abstinence education under such
grant, the entities will not provide to that adolescent any other
education regarding sexual conduct, except that, in the case of an
entity expressly required by law to provide health information or
services the adolescent shall not be precluded from seeking health
information or services from the entity in a different setting than the
setting in which the abstinence education was provided: Provided
further, That the funds expended for such evaluations may not exceed
3.5 percent of such amount: Provided further, That up to $1,000,000 may
be made available to carry out the rural emergency medical service
training and equipment assistance program under section 330J of the
Public Health Service Act (42 U.S.C. 254c-15).

health education assistance loans program account

Such sums as may be necessary to carry out the purpose of the
program, as authorized by title VII of the Public Health Service Act,
as amended. For administrative expenses to carry out the guaranteed
loan program, including section 709 of the Public Health Service Act,
$3,389,000.

vaccine injury compensation program trust fund

For payments from the Vaccine Injury Compensation Program Trust
Fund, such sums as may be necessary for claims associated with vaccine-
related injury or death with respect to vaccines administered after
September 30, 1988, pursuant to subtitle 2 of title XXI of the Public
Health Service Act, to remain available until expended: Provided, That
for necessary administrative expenses, not to exceed $2,972,000 shall
be available from the Trust Fund to the Secretary of Health and Human
Services.

Centers for Disease Control and Prevention

disease control, research, and training

To carry out titles II, III, VII, XI, XV, XVII, XIX, XXI, and XXVI
of the Public Health Service Act, sections 101, 102, 103, 201, 202,
203, 301, and 501 of the Federal Mine Safety and Health Act of 1977,
sections 20, 21, and 22 of the Occupational Safety and Health Act of
1970, title IV of the Immigration and Nationality Act, and section 501
of the Refugee Education Assistance Act of 1980; including purchase and
insurance of official motor vehicles in foreign countries; and
purchase, hire, maintenance, and operation of aircraft, $4,432,496,000,
of which $260,000,000 shall remain available until expended for
equipment, and construction and renovation of facilities, and of which
$232,569,000 for international HIV/AIDS shall remain available until
September 30, 2005, including up to $90,000,000, to remain available
until expended for the ``International Mother and Child HIV Prevention
Initiative.'' In addition, such sums as may be derived from authorized
user fees, which shall be credited to this account: Provided, That in
addition to amounts provided herein, $14,000,000 shall be available
from amounts available under section 241 of the Public Health Service
Act to carry out the National Immunization Surveys: Provided further,
That in addition to amounts provided herein, $127,634,000 shall be
available from amounts available under section 241 of the Public Health
Service Act to carry out the National Center for Health Statistics
surveys: Provided further, That none of the funds made available for
injury prevention and control at the Centers for Disease Control and
Prevention may be used, in whole or in part, to advocate or promote gun
control: Provided further, That in addition to amounts provided herein,
$28,600,000 shall be available from amounts available under section 241
of the Public Health Service Act to carry out information systems
standards development and architecture and applications-based research
used at local public health levels: Provided further, That in addition
to amounts provided herein, $41,900,000 shall be available from amounts
available under section 241 of the Public Health Service Act to carry
out Research Tools and Approaches activities within the National
Occupational Research Agenda: Provided further, That the Director may
redirect the total amount made available under authority of Public Law
101-502, section 3, dated November 3, 1990, to activities the Director
may so designate: Provided further, That the Congress is to be notified
promptly of any such transfer: Provided further, That not to exceed
$12,500,000 may be available for making grants under section 1509 of
the Public Health Service Act to not more than 15 States: Provided
further, That without regard to existing statute, funds appropriated
may be used to proceed, at the discretion of the Centers for Disease
Control and Prevention, with property acquisition, including a long-
term ground lease for construction on non-Federal land, to support the
construction of a replacement laboratory in the Fort Collins, Colorado
area: Provided further, That notwithstanding any other provision of
law, a single contract or related contracts for development and
construction of facilities may be employed which collectively include
the full scope of the project: Provided further, That the solicitation
and contract shall contain the clause ``availability of funds'' found
at 48 CFR 52.232-18.

National Institutes of Health

national cancer institute

For carrying out section 301 and title IV of the Public Health
Service Act with respect to cancer, $4,770,519,000.

national heart, lung, and blood institute

For carrying out section 301 and title IV of the Public Health
Service Act with respect to cardiovascular, lung, and blood diseases,
and blood and blood products, $2,897,595,000.

national institute of dental and craniofacial research

For carrying out section 301 and title IV of the Public Health
Service Act with respect to dental disease, $386,396,000.

national institute of diabetes and digestive and kidney diseases

For carrying out section 301 and title IV of the Public Health
Service Act with respect to diabetes and digestive and kidney disease,
$1,683,007,000.

national institute of neurological disorders and stroke

For carrying out section 301 and title IV of the Public Health
Service Act with respect to neurological disorders and stroke,
$1,510,926,000.

national institute of allergy and infectious diseases

(including transfer of funds)

For carrying out section 301 and title IV of the Public Health
Service Act with respect to allergy and infectious diseases,
$4,335,255,000: Provided, That $150,000,000 may be made available to
International Assistance Programs, ``Global Fund to Fight HIV/AIDS,
Malaria, and Tuberculosis'', to remain available until expended.

national institute of general medical sciences

For carrying out section 301 and title IV of the Public Health
Service Act with respect to general medical sciences, $1,917,033,000.

national institute of child health and human development

For carrying out section 301 and title IV of the Public Health
Service Act with respect to child health and human development,
$1,251,185,000.

national eye institute

For carrying out section 301 and title IV of the Public Health
Service Act with respect to eye diseases and visual disorders,
$657,199,000.

national institute of environmental health sciences

For carrying out sections 301 and 311 and title IV of the Public
Health Service Act with respect to environmental health sciences,
$637,074,000.

national institute on aging

For carrying out section 301 and title IV of the Public Health
Service Act with respect to aging, $1,031,411,000.

national institute of arthritis and musculoskeletal and skin diseases

For carrying out section 301 and title IV of the Public Health
Service Act with respect to arthritis and musculoskeletal and skin
diseases, $505,000,000.

national institute on deafness and other communication disorders

For carrying out section 301 and title IV of the Public Health
Service Act with respect to deafness and other communication disorders,
$384,577,000.

national institute of nursing research

For carrying out section 301 and title IV of the Public Health
Service Act with respect to nursing research, $135,579,000.

national institute on alcohol abuse and alcoholism

For carrying out section 301 and title IV of the Public Health
Service Act with respect to alcohol abuse and alcoholism, $431,521,000.

national institute on drug abuse

For carrying out section 301 and title IV of the Public Health
Service Act with respect to drug abuse, $997,614,000.

national institute of mental health

For carrying out section 301 and title IV of the Public Health
Service Act with respect to mental health, $1,391,114,000.

national human genome research institute

For carrying out section 301 and title IV of the Public Health
Service Act with respect to human genome research, $482,372,000.

national institute of biomedical imaging and bioengineering

For carrying out section 301 and title IV of the Public Health
Service Act with respect to biomedical imaging and bioengineering
research, $289,300,000.

national center for research resources

For carrying out section 301 and title IV of the Public Health
Service Act with respect to research resources and general research
support grants, $1,186,483,000: Provided, That none of these funds
shall be used to pay recipients of the general research support grants
program any amount for indirect expenses in connection with such
grants: Provided further, That $119,220,000 shall be for extramural
facilities construction grants.

national center for complementary and alternative medicine

For carrying out section 301 and title IV of the Public Health
Service Act with respect to complementary and alternative medicine,
$117,902,000.

national center on minority health and health disparities

For carrying out section 301 and title IV of the Public Health
Service Act with respect to minority health and health disparities
research, $192,824,000.

john e. fogarty international center

For carrying out the activities at the John E. Fogarty
International Center, $65,900,000.

national library of medicine

For carrying out section 301 and title IV of the Public Health
Service Act with respect to health information communications,
$311,835,000, of which $4,000,000 shall be available until expended for
improvement of information systems: Provided, That in fiscal year 2004,
the Library may enter into personal services contracts for the
provision of services in facilities owned, operated, or constructed
under the jurisdiction of the National Institutes of Health: Provided
further, That in addition to amounts provided herein, $8,200,000 shall
be available from amounts available under section 241 of the Public
Health Service Act to carry out National Information Center on Health
Services Research and Health Care Technology and related health
services.

office of the director

(including transfer of funds)

For carrying out the responsibilities of the Office of the
Director, National Institutes of Health, $323,483,000: Provided, That
funding shall be available for the purchase of not to exceed 29
passenger motor vehicles for replacement only: Provided further, That
the Director may direct up to 1 percent of the total amount made
available in this or any other Act to all National Institutes of Health
appropriations to activities the Director may so designate: Provided
further, That no such appropriation shall be decreased by more than 1
percent by any such transfers and that the Congress is promptly
notified of the transfer: Provided further, That the National
Institutes of Health is authorized to collect third party payments for
the cost of clinical services that are incurred in National Institutes
of Health research facilities and that such payments shall be credited
to the National Institutes of Health Management Fund: Provided further,
That all funds credited to the National Institutes of Health Management
Fund shall remain available for 1 fiscal year after the fiscal year in
which they are deposited: Provided further, That up to $497,000 shall
be available to carry out section 499 of the Public Health Service Act.

buildings and facilities

(including transfer of funds)

For the study of, construction of, renovation of, and acquisition
of equipment for, facilities of or used by the National Institutes of
Health, including the acquisition of real property, $89,500,000, to
remain available until expended: Provided, That notwithstanding any
other provision of law, single contracts or related contracts, which
collectively include the full scope of the project, may be employed for
the development and construction of the first and second phases of the
John Edward Porter Neuroscience Research Center: Provided further, That
the solicitations and contracts shall contain the clause ``availability
of funds'' found at 48 CFR 52.232-18.

Substance Abuse and Mental Health Services Administration

substance abuse and mental health services

For carrying out titles V and XIX of the Public Health Service Act
with respect to substance abuse and mental health services, the
Protection and Advocacy for Mentally Ill Individuals Act of 1986, and
section 301 of the Public Health Service Act with respect to program
management, $3,157,540,000: Provided, That in addition to amounts
provided herein, $79,200,000 shall be available from amounts available
under section 241 of the Public Health Service Act to carry out subpart
II of title XIX of the Public Health Service Act to fund section
1935(b) technical assistance, national data, data collection and
evaluation activities, and further that the total available under this
Act for section 1935(b) activities shall not exceed 5 percent of the
amounts appropriated for subpart II of title XIX: Provided further,
That in addition to the amounts provided herein, $21,850,000 shall be
available from amounts available under Section 241 of the Public Health
Service Act to carry out subpart I of Part B of title XIX of the Public
Health Service Act to fund section 1920(b) technical assistance, data
collection and program evaluation activities, and further that the
total available under this Act for section 1920(b) activities shall not
exceed 5 percent of the amounts appropriated for subpart I of Part B of
Title XIX: Provided further, That in addition to amounts provided
herein, $16,000,000 shall be made available from amounts available
under section 241 of the Public Health Service Act to carry out
national surveys on drug abuse.

Agency for Healthcare Research and Quality

healthcare research and quality

For carrying out titles III and IX of the Public Health Service
Act, and part A of title XI of the Social Security Act, amounts
received from Freedom of Information Act fees, reimbursable and
interagency agreements, and the sale of data shall be credited to this
appropriation and shall remain available until expended: Provided, That
the amount made available pursuant to section 927(c) of the Public
Health Service Act shall not exceed $303,695,000.

Centers for Medicare and Medicaid Services

grants to states for medicaid

For carrying out, except as otherwise provided, titles XI and XIX
of the Social Security Act, $124,892,197,000, to remain available until
expended.
For making, after May 31, 2004, payments to States under title XIX
of the Social Security Act for the last quarter of fiscal year 2004 for
unanticipated costs, incurred for the current fiscal year, such sums as
may be necessary.
For making payments to States or in the case of section 1928 on
behalf of States under title XIX of the Social Security Act for the
first quarter of fiscal year 2005, $58,416,275,000, to remain available
until expended.
Payment under title XIX may be made for any quarter with respect to
a State plan or plan amendment in effect during such quarter, if
submitted in or prior to such quarter and approved in that or any
subsequent quarter.

payments to health care trust funds

For payment to the Federal Hospital Insurance and the Federal
Supplementary Medical Insurance Trust Funds, as provided under section
1844 of the Social Security Act, sections 103(c) and 111(d) of the
Social Security Amendments of 1965, section 278(d) of Public Law 97-
248, and for administrative expenses incurred pursuant to section
201(g) of the Social Security Act, $95,084,100,000.

program management

For carrying out, except as otherwise provided, titles XI, XVIII,
XIX, and XXI of the Social Security Act, titles XIII and XXVII of the
Public Health Service Act, and the Clinical Laboratory Improvement
Amendments of 1988, not to exceed $2,707,603,000, to be transferred
from the Federal Hospital Insurance and the Federal Supplementary
Medical Insurance Trust Funds, as authorized by section 201(g) of the
Social Security Act; together with all funds collected in accordance
with section 353 of the Public Health Service Act and section
1857(e)(2) of the Social Security Act, and such sums as may be
collected from authorized user fees and the sale of data, which shall
remain available until expended, and together with administrative fees
collected relative to Medicare overpayment recovery activities, which
shall remain available until expended: Provided, That all funds derived
in accordance with 31 U.S.C. 9701 from organizations established under
title XIII of the Public Health Service Act shall be credited to and
available for carrying out the purposes of this appropriation: Provided
further, That $30,000,000, to remain available until September 30,
2005, is for contract costs for CMS's Systems Revitalization Plan:
Provided further, That $56,991,000, to remain available until September
30, 2005, is for contract costs for the Healthcare Integrated General
Ledger Accounting System: Provided further, That the Secretary of
Health and Human Services is directed to collect fees in fiscal year
2004 from Medicare+Choice organizations pursuant to section 1857(e)(2)
of the Social Security Act and from eligible organizations with risk-
sharing contracts under section 1876 of that Act pursuant to section
1876(k)(4)(D) of that Act: Provided further, that to the extent
Medicare claims processing unit costs are projected by the Centers for
Medicare & Medicaid Services to exceed $0.87 for Part A claims and/or
$0.65 for Part B claims, up to an additional $18,000,000 may be
available for obligation for every $0.04 increase in Medicare claims
processing unit costs from the Federal Hospital Insurance and the
Federal Supplementary Medical Insurance Trust Funds. The calculation of
projected unit costs shall be derived in the same manner in which the
estimated unit costs were calculated for the Federal budget estimate
for the fiscal year

health maintenance organization loan and loan guarantee fund

For carrying out subsections (d) and (e) of section 1308 of the
Public Health Service Act, any amounts received by the Secretary in
connection with loans and loan guarantees under title XIII of the
Public Health Service Act, to be available without fiscal year
limitation for the payment of outstanding obligations. During fiscal
year 2004, no commitments for direct loans or loan guarantees shall be
made.

Administration for Children and Families

payments to states for child support enforcement and family support
programs

For making payments to States or other non-Federal entities under
titles I, IV-D, X, XI, XIV, and XVI of the Social Security Act and the
Act of July 5, 1960 (24 U.S.C. ch. 9), $3,292,270,000, to remain
available until expended; and for such purposes for the first quarter
of fiscal year 2005, $1,200,000,000, to remain available until
expended.
For making payments to each State for carrying out the program of
Aid to Families with Dependent Children under title IV-A of the Social
Security Act before the effective date of the program of Temporary
Assistance for Needy Families (TANF) with respect to such State, such
sums as may be necessary: Provided, That the sum of the amounts
available to a State with respect to expenditures under such title IV-A
in fiscal year 1997 under this appropriation and under such title IV-A
as amended by the Personal Responsibility and Work Opportunity
Reconciliation Act of 1996 shall not exceed the limitations under
section 116(b) of such Act.
For making, after May 31 of the current fiscal year, payments to
States or other non-Federal entities under titles I, IV-D, X, XI, XIV,
and XVI of the Social Security Act and the Act of July 5, 1960 (24
U.S.C. ch. 9), for the last 3 months of the current fiscal year for
unanticipated costs, incurred for the current fiscal year, such sums as
may be necessary.

low income home energy assistance

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

refugee and entrant assistance

For making payments for refugee and entrant assistance activities
authorized by title IV of the Immigration and Nationality Act and
section 501 of the Refugee Education Assistance Act of 1980 (Public Law
96-422), $383,894,000: Provided, That funds appropriated pursuant to
section 414(a) of the Immigration and Nationality Act for fiscal year
2004 shall be available for the costs of assistance provided and other
activities through September 30, 2006: Provided further, That up to
$9,935,000 is available to carry out the Trafficking Victims Protection
Act of 2000.
For carrying out section 5 of the Torture Victims Relief Act of
1998 (Public Law 105-320), $9,935,000. For carrying out section 462 of
the Homeland Security Act of 2002, (Public Law 107-296), $34,227,000.

payments to states for the child care and development block grant

For carrying out sections 658A through 658R of the Omnibus Budget
Reconciliation Act of 1981 (The Child Care and Development Block Grant
Act of 1990), $2,099,729,000 shall be used to supplement, not supplant
State general revenue funds for child care assistance for low-income
families: Provided, That $19,120,000 shall be available for child care
resource and referral and school-aged child care activities, of which
$1,000,000 shall be for the Child Care Aware toll free hotline:
Provided further, That, in addition to the amounts required to be
reserved by the States under section 658G, $272,672,000 shall be
reserved by the States for activities authorized under section 658G, of
which $100,000,000 shall be for activities that improve the quality of
infant and toddler care: Provided further, That $10,000,000 shall be
for use by the Secretary for child care research, demonstration, and
evaluation activities.

social services block grant

For making grants to States pursuant to section 2002 of the Social
Security Act, $1,700,000,000.

children and families services programs

For carrying out, except as otherwise provided, the Runaway and
Homeless Youth Act, the Developmental Disabilities Assistance and Bill
of Rights Act, the Head Start Act, the Child Abuse Prevention and
Treatment Act, sections 310 and 316 of the Family Violence Prevention
and Services Act, as amended, the Native American Programs Act of 1974,
title II of Public Law 95-266 (adoption opportunities), the Adoption
and Safe Families Act of 1997 (Public Law 105-89), sections 1201 and
1211 of the Children's Health Act of 2000, the Abandoned Infants
Assistance Act of 1988, sections 261 and 291 of the Help America Vote
Act of 2002, the Early Learning Opportunities Act, part B(1) of title
IV and sections 413, 429A, 1110, and 1115 of the Social Security Act,
and sections 40155, 40211, and 40241 of Public Law 103-322; for making
payments under the Community Services Block Grant Act, sections 439(h),
473A, and 477(i) of the Social Security Act, and title IV of Public Law
105-285, and for necessary administrative expenses to carry out said
Acts and titles I, IV, X, XI, XIV, XVI, and XX of the Social Security
Act, the Act of July 5, 1960 (24 U.S.C. ch. 9), the Omnibus Budget
Reconciliation Act of 1981, title IV of the Immigration and Nationality
Act, section 501 of the Refugee Education Assistance Act of 1980,
section 5 of the Torture Victims Relief Act of 1998 (Public Law 105-
320), sections 40155, 40211, and 40241 of Public Law 103-322, and
section 126 and titles IV and V of Public Law 100-485, $8,780,002,000,
of which $42,720,000, to remain available until September 30, 2005,
shall be for grants to States for adoption incentive payments, as
authorized by section 473A of title IV of the Social Security Act (42
U.S.C. 670-679) and may be made for adoptions completed before
September 30, 2004; of which $6,815,570,000 shall be for making
payments under the Head Start Act, of which $1,400,000,000 shall become
available October 1, 2004 and remain available through September 30,
2005; and of which $717,620,000 shall be for making payments under the
Community Services Block Grant Act: Provided, That not less than
$7,203,000 shall be for section 680(3)(B) of the Community Services
Block Grant Act, as amended: Provided further, That in addition to
amounts provided herein, $6,000,000 shall be available from amounts
available under section 241 of the Public Health Service Act to carry
out the provisions of section 1110 of the Social Security Act: Provided
further, That to the extent Community Services Block Grant funds are
distributed as grant funds by a State to an eligible entity as provided
under the Act, and have not been expended by such entity, they shall
remain with such entity for carryover into the next fiscal year for
expenditure by such entity consistent with program purposes: Provided
further, That the Secretary shall establish procedures regarding the
disposition of intangible property which permits grant funds, or
intangible assets acquired with funds authorized under section 680 of
the Community Services Block Grant Act, as amended, to become the sole
property of such grantees after a period of not more than 12 years
after the end of the grant for purposes and uses consistent with the
original grant: Provided further, That funds appropriated for section
680(a)(2) of the Community Services Block Grant Act, as amended, shall
be available for financing construction and rehabilitation and loans or
investments in private business enterprises owned by community
development corporations: Provided further, That $89,978,000 shall be
for activities authorized by the Runaway and Homeless Youth Act,
notwithstanding the allocation requirements of section 388(a) of such
Act, of which $40,505,000 is for the transitional living program:
Provided further, That $34,772,000 is for a compassion capital fund to
provide grants to charitable organizations to emulate model social
service programs and to encourage research on the best practices of
social service organizations: Provided further, That $15,000,000 shall
be for activities authorized by the Help America Vote Act of 2002, of
which $10,000,000 shall be for payments to States to promote disabled
voter access, and of which $5,000,000 shall be for payments to States
for disabled voters protection and advocacy systems.

promoting safe and stable families

For carrying out section 436 of the Social Security Act,
$305,000,000 and for section 437, $99,350,000.

payments to states for foster care and adoption assistance

For making payments to States or other non-Federal entities under
title IV-E of the Social Security Act, $5,068,300,000.
For making payments to States or other non-Federal entities under
title IV-E of the Act, for the first quarter of fiscal year 2005,
$1,767,700,000.
For making, after May 31 of the current fiscal year, payments to
States or other non-Federal entities under section 474 of title IV-E,
for the last 3 months of the current fiscal year for unanticipated
costs, incurred for the current fiscal year, such sums as may be
necessary.

Administration on Aging

aging services programs

For carrying out, to the extent not otherwise provided, the Older
Americans Act of 1965, as amended, and section 398 of the Public Health
Service Act, $1,360,193,000, of which $5,500,000 shall be available for
activities regarding medication management, screening, and education to
prevent incorrect medication and adverse drug reactions; and of which
$2,842,000 shall remain available until September 30, 2006, for the
White House Conference on Aging.

Office of the Secretary

general departmental management

For necessary expenses, not otherwise provided, for general
departmental management, including hire of six sedans, and for carrying
out titles III, XVII, and XX of the Public Health Service Act, and the
United States-Mexico Border Health Commission Act, $342,808,000,
together with $5,851,000 to be transferred and expended as authorized
by section 201(g)(1) of the Social Security Act from the Hospital
Insurance Trust Fund and the Supplemental Medical Insurance Trust Fund:
Provided, That of the funds made available under this heading for
carrying out title XX of the Public Health Service Act, $11,885,000
shall be for activities specified under section 2003(b)(2), of which
$10,157,000 shall be for prevention service demonstration grants under
section 510(b)(2) of title V of the Social Security Act, as amended,
without application of the limitation of section 2010(c) of said title
XX: Provided further, That of this amount, $50,000,000 is for minority
AIDS prevention and treatment activities; and $15,000,000 shall be for
an Information Technology Security and Innovation Fund for Department-
wide activities involving cybersecurity, information technology
security, and related innovation projects, and $5,000,000 is to assist
Afghanistan in the development of maternal and child health clinics,
consistent with section 103(a)(4)(H) of the Afghanistan Freedom Support
Act of 2002: Provided further, That of this amount, $3,000,000 shall be
made available to carry out section 340G of the Public Health Service
Act (42 U.S.C. 256g) (in addition to other amounts appropriated under
this title for such purpose): Provided further, That of this amount,
sufficient funds shall be available for the Secretary of Health and
Human Services, not later than 60 days after the last day of the fiscal
year, to submit to Congress a report on the amount of acquisitions made
by the Department of Health and Human Services during such fiscal year
of articles, materials, or supplies that were manufactured outside the
United States. Such report shall separately indicate the dollar value
of any articles, materials, or supplies purchased by the Department of
Health and Human Services that were manufactured outside the United
States, an itemized list of all waivers under the Buy American Act (41
U.S.C. 10a et seq.) that were granted with respect to such articles,
materials, or supplies, and a summary of total procurement funds spent
on goods manufactured in the United States versus funds spent on goods
manufactured outside of the United States. The Secretary of Health and
Human Services shall make the report publicly available by posting the
report on an Internet website.

office of inspector general

For expenses necessary for the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978, as
amended, $39,497,000: Provided, That, of such amount, necessary sums
are available for providing protective services to the Secretary and
investigating non-payment of child support cases for which non-payment
is a Federal offense under 18 U.S.C. 228.

office for civil rights

For expenses necessary for the Office for Civil Rights,
$30,936,000, together with not to exceed $3,314,000 to be transferred
and expended as authorized by section 201(g)(1) of the Social Security
Act from the Hospital Insurance Trust Fund and the Supplemental Medical
Insurance Trust Fund.

policy research

For carrying out, to the extent not otherwise provided, research
studies under section 1110 of the Social Security Act and title III of
the Public Health Service Act, $23,499,000, which shall be available
from amounts available under section 241 of the Public Health Service
Act to carry out national health or human services research and
evaluation activities: Provided, That the expenditure of any funds
available under section 241 of the Public Health Service Act are
subject to the requirements of section 205 of this Act.

retirement pay and medical benefits for commissioned officers

For retirement pay and medical benefits of Public Health Service
Commissioned Officers as authorized by law, for payments under the
Retired Serviceman's Family Protection Plan and Survivor Benefit Plan,
for medical care of dependents and retired personnel under the
Dependents' Medical Care Act (10 U.S.C. ch. 55 and 56), and for
payments pursuant to section 229(b) of the Social Security Act (42
U.S.C. 429(b)), such amounts as may be required during the current
fiscal year. The following are definitions for the medical benefits of
the Public Health Service Commissioned Officers that apply to 10 U.S.C.
chapter 56, section 1116(c). The source of funds for the monthly
accrual payments into the Department of Defense Medicare-Eligible
Retiree Health Care Fund shall be the Retirement Pay and Medical
Benefits for Commissioned Officers account. For purposes of this Act,
the term ``pay of members'' shall be construed to be synonymous with
retirement payments to United States Public Health Service officers who
are retired for age, disability, or length of service; payments to
survivors of deceased officers; medical care to active duty and retired
members and dependents and beneficiaries; and for payments to the
Social Security Administration for military service credits; all of
which payments are provided for by the Retirement Pay and Medical
Benefits for Commissioned Officers account.

public health and social services emergency fund

For expenses necessary to support activities related to countering
potential biological, disease and chemical threats to civilian
populations, $1,856,040,000: Provided, That this amount is distributed
as follows: Centers for Disease Control and Prevention, $1,116,156,000;
Office of the Secretary, $61,820,000; Health Resources and Services
Administration, $578,064,000; and $100,000,000 shall be available until
expended for activities to ensure a year-round influenza vaccine
production capacity and the development and implementation of rapidly
expandable production technologies: Provided further, That at the
discretion of the Secretary, these amounts may be transferred between
categories subject to normal reprogramming procedures: Provided
further, That employees of the Centers for Disease Control and
Prevention or the Public Health Service, both civilian and Commissioned
Officers, detailed to States, municipalities or other organizations
under authority of section 214 of the Public Health Service Act for
purposes related to homeland security, shall be treated as non-Federal
employees for reporting purposes only and shall not be included within
any personnel ceiling applicable to the Agency, Service, or the
Department of Health and Human Services during the period of detail or
assignment.

GENERAL PROVISIONS

Sec. 201. Funds appropriated in this title shall be available for
not to exceed $50,000 for official reception and representation
expenses when specifically approved by the Secretary.
Sec. 202. The Secretary shall make available through assignment not
more than 60 employees of the Public Health Service to assist in child
survival activities and to work in AIDS programs through and with funds
provided by the Agency for International Development, the United
Nations International Children's Emergency Fund or the World Health
Organization.
Sec. 203. None of the funds appropriated under this Act may be used
to implement section 399F(b) of the Public Health Service Act or
section 1503 of the National Institutes of Health Revitalization Act of
1993, Public Law 103-43.
Sec. 204. None of the funds appropriated in this Act for the
National Institutes of Health, the Agency for Healthcare Research and
Quality, and the Substance Abuse and Mental Health Services
Administration shall be used to pay the salary of an individual,
through a grant or other extramural mechanism, at a rate in excess of
Executive Level I.
Sec. 205. None of the funds appropriated in this Act may be
expended pursuant to section 241 of the Public Health Service Act,
except for funds specifically provided for in this Act, or for other
taps and assessments made by any office located in the Department of
Health and Human Services, prior to the Secretary's preparation and
submission of a report to the Committee on Appropriations of the Senate
and of the House detailing the planned uses of such funds.
Sec. 206. Notwithstanding section 241(a) of the Public Health
Service Act, such portion as the Secretary shall determine, but not
more than 2.2 percent, of any amounts appropriated for programs
authorized under said Act shall be made available for the evaluation
(directly, or by grants or contracts) of the implementation and
effectiveness of such programs.

(transfer of funds)

Sec. 207. Not to exceed 1 percent of any discretionary funds
(pursuant to the Balanced Budget and Emergency Deficit Control Act of
1985, as amended) which are appropriated for the current fiscal year
for the Department of Health and Human Services in this or any other
Act may be transferred between appropriations, but no such
appropriation shall be increased by more than 3 percent by any such
transfer: Provided, That an appropriation may be increased by up to an
additional 2 percent subject to approval by the House and Senate
Committees on Appropriations: Provided further, That the Appropriations
Committees of both Houses of Congress are notified at least 15 days in
advance of any transfer.
Sec. 208. The Director of the National Institutes of Health,
jointly with the Director of the Office of AIDS Research, may transfer
up to 3 percent among institutes, centers, and divisions from the total
amounts identified by these two Directors as funding for research
pertaining to the human immunodeficiency virus: Provided, That the
Congress is promptly notified of the transfer.
Sec. 209. Of the amounts made available in this Act for the
National Institutes of Health, the amount for research related to the
human immunodeficiency virus, as jointly determined by the Director of
the National Institutes of Health and the Director of the Office of
AIDS Research, shall be made available to the ``Office of AIDS
Research'' account. The Director of the Office of AIDS Research shall
transfer from such account amounts necessary to carry out section
2353(d)(3) of the Public Health Service Act.
Sec. 210. None of the funds appropriated in this Act may be made
available to any entity under title X of the Public Health Service Act
unless the applicant for the award certifies to the Secretary that it
encourages family participation in the decision of minors to seek
family planning services and that it provides counseling to minors on
how to resist attempts to coerce minors into engaging in sexual
activities.
Sec. 211. None of the funds appropriated by this Act (including
funds appropriated to any trust fund) may be used to carry out the
Medicare+Choice program if the Secretary denies participation in such
program to an otherwise eligible entity (including a Provider Sponsored
Organization) because the entity informs the Secretary that it will not
provide, pay for, provide coverage of, or provide referrals for
abortions: Provided, That the Secretary shall make appropriate
prospective adjustments to the capitation payment to such an entity
(based on an actuarially sound estimate of the expected costs of
providing the service to such entity's enrollees): Provided further,
That nothing in this section shall be construed to change the Medicare
program's coverage for such services and a Medicare+Choice organization
described in this section shall be responsible for informing enrollees
where to obtain information about all Medicare covered services.
Sec. 212. Notwithstanding any other provision of law, no provider
of services under title X of the Public Health Service Act shall be
exempt from any State law requiring notification or the reporting of
child abuse, child molestation, sexual abuse, rape, or incest.
Sec. 213. The Foreign Operations, Export Financing, and Related
Programs Appropriations Act, 1990 (Public Law 101-167) is amended--
(1) in section 599D (8 U.S.C. 1157 note)--
(A) in subsection (b)(3), by striking ``1997, 1998,
1999, 2000, 2001, 2002, and 2003'' and inserting
``1997, 1998, 1999, 2000, 2001, 2002, 2003, and 2004'';
and
(B) in subsection (e), by striking ``October 1,
2003'' each place it appears and inserting ``October 1,
2004'';
(C) in subsection (b)(1)--
(i) in subparagraph (A), by striking
``and'' at the end;
(ii) in subparagraph (B), by striking the
period and inserting ``; and''; and
(iii) by adding at the end the following:
``(C) one or more categories of aliens who are or were
nationals and residents of the Islamic Republic or Iran who, as
members of a religious minority in Iran, share common
characteristics that identify them as targets of persecution in
that state on account of race, religion, nationality,
membership in a particular social group, or political
opinion.''; and
(2) in section 599E (8 U.S.C. 1255 note) in subsection
(b)(2), by striking ``September 30, 2003'' and inserting
``September 30, 2004''.
Sec. 214. (a) Except as provided by subsection (e) none of the
funds appropriated by this Act may be used to withhold substance abuse
funding from a State pursuant to section 1926 of the Public Health
Service Act (42 U.S.C. 300x-26) if such State certifies to the
Secretary of Health and Human Services by May 1, 2004 that the State
will commit additional State funds, in accordance with subsection (b),
to ensure compliance with State laws prohibiting the sale of tobacco
products to individuals under 18 years of age.
(b) The amount of funds to be committed by a State under subsection
(a) shall be equal to 1 percent of such State's substance abuse block
grant allocation for each percentage point by which the State misses
the retailer compliance rate goal established by the Secretary of
Health and Human Services under section 1926 of such Act.
(c) The State is to maintain State expenditures in fiscal year 2004
for tobacco prevention programs and for compliance activities at a
level that is not less than the level of such expenditures maintained
by the State for fiscal year 2003, and adding to that level the
additional funds for tobacco compliance activities required under
subsection (a). The State is to submit a report to the Secretary on all
fiscal year 2003 State expenditures and all fiscal year 2004
obligations for tobacco prevention and compliance activities by program
activity by July 31, 2004.
(d) The Secretary shall exercise discretion in enforcing the timing
of the State obligation of the additional 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. 215. In order for the Centers for Disease Control and
Prevention to carry out international health activities, including HIV/
AIDS and other infectious disease, chronic and environmental disease,
and other health activities abroad during fiscal year 2004, the
Secretary of Health and Human Services--
(1) may exercise authority equivalent 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)). 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 exercised in a manner
consistent with section 207 of the Foreign Service Act of 1980
(22 U.S.C. 3927) and other applicable statutes administered by
the Department of State, and
(2) 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 agreement, to
make available to public or nonprofit private institutions 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 relating to HIV/AIDS
and other 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 management/
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 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 concerning 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. None of the funds appropriated in this or any other Act
may be used to carry out or administer the Department of Health and
Human Services Human Resources Consolidation plan.
Sec. 219. Gao Study and Report on the Propagation of Concierge
Care. (a) Study.--
(1) In general.--The Comptroller General of the United
States shall conduct a study on concierge care (as defined in
paragraph (2)) to determine the extent to which such care--
(A) is used by medicare beneficiaries (as defined
in section 1802(b)(5)(A) of the Social Security Act (42
U.S.C. 1395a(b)(5)(A))); and
(B) has impacted upon the access of medicare
beneficiaries (as so defined) to items and services for
which reimbursement is provided under the medicare
program under title XVIII of the Social Security Act
(42 U.S.C. 1395 et seq.).
(2) Concierge care.--In this section, the term ``concierge
care'' means an arrangement under which, as a prerequisite for
the provision of a health care item or service to an
individual, a physician, practitioner (as described in section
1842(b)(18)(C) of the Social Security Act (42 U.S.C.
1395u(b)(18)(C))), or other individual--
(A) charges a membership fee or another incidental
fee to an individual desiring to receive the health
care item or service from such physician, practitioner,
or other individual; or
(B) requires the individual desiring to receive the
health care item or service from such physician,
practitioner, or other individual to purchase an item
or service.
(b) Report.--Not later than the date that is 18 months after the
date of enactment of this Act, the Comptroller General of the United
States shall submit to Congress a report on the study conducted under
subsection (a)(1) together with such recommendations for legislative or
administrative action as the Comptroller General determines to be
appropriate.
Sec. 220. To demonstrate the appreciation that the Senate has for,
and to further encourage, the efforts of the Director of the National
Institutes of Health in implementing the Pediatric Research Initiative
under section 409D of the Public Health Service Act, it is the sense of
the Senate that--
(1) the Director should continue the Initiative and
emphasize the importance of pediatric research, particularly
translational research; and
(2) not later than January of 2004, the Director should
continue to report to the Committee on Health, Education,
Labor, and Pensions of the Senate, the Committee on Energy and
Commerce of the House of Representatives, the Senate Committee
on Appropriations and the House Committee on Appropriations on
the status of the Pediatric Research Initiative, including--
(A) the extent of the total funds obligated to
conduct or support pediatric research across the
National Institutes of Health, including the specific
support and research awards allocated by the Office of
the Director through the Initiative;
(B) the activities of the cross-institute committee
on pediatric research in assisting the Director in
considering requests for new or expanded pediatric
research to be funded through the Initiative;
(C) how the Director plans to budget dollars toward
the Initiative for fiscal year 2004;
(D) the amount the Director has expended to
implement the Initiative since the enactment of the
Initiative;
(E) the status of any research conducted as a
result of the Initiative;
(F) whether that research is translational research
or clinical research;
(G) how the Initiative interfaces with the Off-
Patent research fund of the National Institutes of
Health; and
(H) any recommended modifications that Congress
should consider in the authority or structure of the
Initiative within the National Institutes of Health for
the optimal operation and success of the Initiative.
Sec. 221. To provide funding for poison control centers under the
Poison Control Enhancement and Awareness Act (42 U.S.C. 14801 et seq.),
there are appropriated a total of $23,854,000, including amounts
otherwise made available in this Act for such centers.
Sec. 222. In addition to any amounts otherwise appropriated under
this Act under the heading of Administration on Aging, there are
appropriated an additional $1,000,000: Provided, That in addition to
the amounts already made available to carry out the ombudsman program
under chapter 2 of title VII of the Older Americans Act of 1965 (42
U.S.C. 3058 et seq.), there are made available an additional
$1,000,000.
Sec. 223. In addition to any amounts otherwise appropriated under
this Act for programs and activities under the Nurse Reinvestment Act
(Public Law 107-205) and for other nursing workforce development
programs under title VIII of the Public Health Service Act (42 U.S.C.
296 et seq.), there are appropriated an additional $50,000,000 for such
programs and activities.
Sec. 224. 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. 225. Studies Concerning Mammography Standards. (a) Study by
GAO.--
(1) In general.--The Comptroller General of the United
States shall conduct a study of the program established under
the Mammography Quality Standards Act of 1992 (section 354 of
the Public Health Service Act (42 U.S.C. 263b)) (referred to in
this section as the ``MQSA'') to--
(A) evaluate the demonstration program regarding
frequency of inspections authorized under section
354(g) of the Public Health Service Act (42 U.S.C.
263b(g)), including the effect of the program on
compliance with the MQSA;
(B) evaluate the factors that contributed to the
closing of the approximately 700 mammography facilities
nationwide since 2001, whether those closings were due
to consolidation or were a true reduction in
mammography availability, explore the relationship
between certified units and facility capacity, and
evaluate capacity issues, and determine the effect
these and other closings have had on the accessibility
of mammography services, including for underserved
populations, since the April 2002 General Accounting
Office report on access to mammography; and
(C) evaluate the role of States in acting as
accreditation bodies or certification bodies, or both,
in addition to inspection agents under the MQSA, and in
acting as accreditation bodies for facilities in other
States and determine whether and how these roles affect
the system of checks and balances within the MQSA.
(2) Report.--Not later than 16 months after the date of
enactment of this Act, the Comptroller General of the United
States shall submit to the Committee on Health, Education,
Labor, and Pensions and the Committee on Appropriations of the
Senate and the Committee on Energy and Commerce and the
Committee on Appropriations of the House of Representatives a
report on the study described in paragraph (1).
(b) Study by the Institute of Medicine.--
(1) In general.--Not later than 30 days after the date of
enactment of this Act, the Secretary of Health and Human
Services shall enter into an agreement with the Institute of
Medicine of the National Academy of Sciences for the conduct of
a study and the making of recommendations regarding the
following:
(A) Ways to improve physicians' interpretations of
mammograms, including approaches that could be taken
under the MQSA without negatively impacting access to
quality mammography.
(B) What changes could be made in the MQSA to
improve mammography quality, including additional
regulatory requirements that would improve quality, as
well as the reduction or modification of regulatory
requirements that do not contribute to quality
mammography, or are no longer necessary to ensure
quality mammography. Such reduction or modification of
regulatory requirements and improvements in the
efficiency of the program are important to help
eliminate disincentives to enter or remain in the field
of mammography.
(C) Ways, including incentives, to ensure that
sufficient numbers of adequately trained personnel at
all levels are recruited and retained to provide
quality mammography services.
(D)(i) How data currently collected under the MQSA
could be used to improve the quality, interpretation
of, and access to mammography.
(ii) Identification of new data points that could
be collected to aid in the monitoring and assessment of
mammography quality and access.
(E) Other approaches that would improve the quality
of and access to mammography services, including
approaches to improving provisions under the MQSA.
(F) Steps that should be taken to help make
available safe and effective new screening and
diagnostic devices and tests for breast cancer.
(2) Report.--Not later than 15 months after the date on
which the agreement is entered into under paragraph (1), the
Institute of Medicine shall complete the study described under
such subsection and submit a report to the Secretary of Health
and Human Services, the Committee on Health, Education, Labor,
and Pensions and the Committee on Appropriations of the Senate,
and the Committee on Energy and Commerce and the Committee on
Appropriations of the House of Representatives.
(3) Funding.--Of the amounts appropriated under this title
to the Office of the Secretary of Health and Human Services for
general departmental management, $500,000 shall be made
available to carry out the study under this subsection.
Sec. 226. (a) Findings.--The Senate finds that--
(1) Native American populations have seen an alarming
increase in sexually transmitted disease prevalence in recent
years; and
(2) a screening, treatment, and education program,
administered by tribal health organizations or local health
care providers, on Native American reservations with high rates
of sexually transmitted diseases will help prevent a
corresponding increase in the prevalence of HIV.
(b) Grant Program.--From amounts appropriated under this title for
the Centers for Disease Control and Prevention, there may be made
available up to $1,000,000 to enable the Director of the Centers for
Disease Control and Prevention to carry out competitive grant program
to strengthen local capacity on Native American reservations to screen
for and treat sexually transmitted diseases and to educate local
populations about such diseases, the consequences thereof, and how the
transmission of such diseases can be prevented.
Sec. 227. In addition to any amounts otherwise appropriated under
this Act for the support of the improved newborn and child screening
for heritable disorders program authorized under section 1109 of the
Public Health Service Act (42 U.S.C. 300b-8), there may be appropriated
up to an additional $2,000,000 to carry out such program.
Sec. 228. Summer Health Career Introductory Programs. (a)
Findings.--Congress finds that--
(1) the success of the health care system is dependent on
qualified personnel;
(2) hospitals and health facilities across the United
States have been deeply impacted by declines among nurses,
pharmacists, radiology and laboratory technicians, and other
workers;
(3) the health care workforce shortage is not a short term
problem and such workforce shortages can be expected for many
years; and
(4) most States are looking for ways to address such
shortages.
(b) Grants.--The Secretary of Health and Human Services, acting
through the Bureau of Health Professions of the Health Resources and
Services Administration, may award not to exceed 5 grants for the
establishment of summer health career introductory programs for middle
and high school students.
(c) Eligibility.--To be eligible to receive a grant under
subsection (b) an entity shall--
(1) be an institution of higher education (as defined in
section 101(a) of the Higher Education Act of 1965 (20 U.S.C.
1001(a)); and
(2) prepare and submit to the Secretary of Health and Human
Services an application at such time, in such manner, and
containing such information as the Secretary may require.
(d) Duration.--The term of a grant under subsection (b) shall not
exceed 4 years.
(e) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section, such sums as may be necessary
for each of fiscal years 2004 through 2007.
Sec. 229. Not later than 120 days after the date of enactment of
this Act, the Director of the Centers for Disease Control and
Prevention shall prepare a plan to comprehensively address blood safety
and injection safety in Africa under the Global AIDS Program.
Sec. 230. Not later than May 1, 2004, the Secretary of Health and
Human Services shall submit to the appropriate committees of Congress a
report concerning the manner in which the Department of Health and
Human Services expends Federal funds for research, patient care, and
other activities relating to Hansen's Disease. The report shall
include--
(1) the amounts provided for each research project;
(2) the amounts provided to each of the 12 treatment
centers for each of research, patient care, and other
activities;
(3) the per patient expenditure of patient care funds at
each of the 12 treatment centers; and
(4) the mortality rates at each of the 12 treatment
centers.
Sec. 231. In addition to any amounts otherwise appropriated under
this Act to carry out activities under the Child Abuse Prevention and
Treatment Act (42 U.S.C. 5101 et seq.), there are appropriated--
(1) up to an additional $143,000 may be used to carry out
activities under title I of such Act (child abuse State
grants);
(2) up to an additional $212,000 may be used to carry out
activities under title II of such Act (community-based resource
centers); and
(3) up to an additional $2,100,000 may be used for child
abuse discretionary grants under such Act.
Sec. 232. (a) Findings.--The Senate finds that--
(1) a recent Aberdeen Area Indian Health Service infant
mortality study identified protective and risk factors
associated with Sudden Infant Death Syndrome (referred to in
this section as ``SIDS'');
(2) several conclusions from the study suggest courses of
action to reduce the incidence of SIDS among Native American
and other high-incidence populations;
(3) the study noted that alcohol consumption by women of
childbearing age (especially during pregnancy), maternal and
environmental tobacco exposure during pregnancy, and pregnancy
by women under the age of 20 increase the risk for SIDS;
(4) in 2000, for infants of African American mothers, the
SIDS death rate was 2.4 times that for non-Hispanic white
mothers;
(5) nationwide, SIDS rates for infants of Native American
mothers were 2.6 times those of non-Hispanic white mothers; and
(6) the Office of Minority Health of the Department of
Health and Human Services has the expertise to coordinate SIDS
disparity reduction efforts across the Department of Health and
Human Services.
(b) Increase in Funding.--In addition to any amounts otherwise
appropriate in this Act to carry out activities to reduce Sudden Infant
Death Syndrome disparity rates, there may be appropriated up to an
additional $2,000,000 to enable the Director of the Office of Minority
Health of the Department of Health and Human Services to carry out a
demonstration project, in coordination with the Administrator of the
Health Resources and Services Administration, the Director of the
National Institutes of Health, the Director of the Indian Health
Services, the Administrator of the Center for Medicare & Medicaid
Services, the Director of the Centers for Disease Control and
Prevention, and the heads of other agencies within the Department of
Health and Human Services (as appropriate), to reduce Sudden Infant
Death Syndrome disparity rates, and to provide risk reduction education
to African American and Native American populations in the United
States, including efforts to reduce alcohol use by pregnant women,
support for smoking cessation (maternal and secondhand) programs, and
education of teenagers on the risk factors for Sudden Infant Death
Syndrome associated with teenage pregnancy within African American and
Native American communities.
(c) Sense of the Senate.--It is the sense of the Senate that in
carrying out the demonstration project under subsection (b), the
Director of the Office of Minority Health is encouraged to--
(1) expand upon the similar pilot program for Native
Americans that was funded by the Office of Minority Health; and
(2) coordinate with the Administrator of the Health
Resources and Services Administration, the Director of the
Centers for Disease Control and Prevention, the Director of the
National Institutes of Health, the Director of the Indian
Health Services, the Administrator of the Center for Medicare &
Medicaid Services, and the heads of other agencies within the
Department of Health and Human Services (as appropriate) to
support activities to reduce alcohol use by pregnant women,
support smoking cessation (maternal and secondhand), and
educate teenagers on the risk factors for SIDS associated with
teenage pregnancy within the African American and Native
American communities.
Sec. 233. There may be appropriated, up to $2,000,000 to fund
programs on community automatic external defibrillators under section
312 of the Public Health Service Act (42 U.S.C. 244).
Sec. 234. From the amounts appropriated under the heading ``Office
of the Secretary, General Departmental Management'' there may be made
available an additional $2,000,000 to the Health Resources and Services
Administration for the purchase of automatic external defibrilators and
the training of individuals in cardiac life support in rural areas.
Sec. 235. Notwithstanding any other provisions of law, funds made
available under this heading may be used to continue operating the
Council on Graduate Medical Education established by section 301 of
Public Law 102-408.
Sec.  236. 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
Dechenne, 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 direct $22,500,000 over five years to its newly
created 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 Muscular Dystrophy
Cooperative Research Centers.
Sec. 237. (a) Mother-to-Child HIV Transmission Prevention.--In
addition to any amounts otherwise made available under this Act to
carry out mother-to-child HIV transmission prevention activities, there
shall be made available an additional $60,000,000 to carry out such
activities and $1,000,000 for Non-Mother-to-Child activities.
(b) Reduction in Amounts.--Amounts made available under this Act
for the administrative and related expenses for departmental management
for the Department of Labor, the Department of Health and Human
Services, the Department of Education, shall be reduced on a pro rata
basis by $61,000,000.
Sec. 238. (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 contracts,
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 subsection
(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).
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 Education
Act of 1965 (``ESEA'') and section 418A of the Higher Education Act of
1965, $14,103,356,000, of which $6,582,294,000 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 $7,107,282,000 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
$1,670,239,000 shall be available for targeted grants under section
1125: Provided further, That $2,207,448,000 shall be available for
education finance incentive grants under section 1125A: Provided
further, That, notwithstanding any other provision of law, the
Secretary shall use data described in sections 1124(a)(1)(B) and
1124(c)(1) of the ESEA that are available on July 1, 2003, to calculate
grants for fiscal year 2004 under part A of title I of that Act:
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 provide 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, $1,193,226,000, of which
$1,030,292,000 shall be for basic support payments under section
8003(b), $50,668,000 shall be for payments for children with
disabilities under section 8003(d), $44,708,000 shall be for
construction under section 8007 and shall remain available through
September 30, 2005, $59,610,000 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 authorized by titles
II, part B of title IV, part A and subparts 6 and 9 of part D of title
V, subpart 1 of part A and part 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, $5,731,453,000, of which $4,173,944,000 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 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 structure 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 funds made available to carry out part C of
title VII of the ESEA may be used for construction: Provided further,
That $390,000,000 shall be for subpart 1 of part A of title VI 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 Education
Act of 1965, $121,573,000.

innovation and improvement

For carrying out activities authorized by part G of Title I,
subpart 5 of part A and parts C and D of title II, and Parts B, C, and
D of title V of the Elementary and Secondary Education Act of 1965
(``ESEA''), $774,133,000: Provided, That $9,935,000 shall be provided
to the National Board for Professional Teaching Standards to carry out
section 2151(c) of the ESEA: Provided further, That $165,877,000 shall
be available to carry out part D of title V of the ESEA.

safe schools and citizenship education

For carrying out 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 Act of 1965, as amended, and Public Law 102-73, $818,547,000,
of which $447,017,000 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 $422,017,000 shall be available for subpart 1 of
part A of title IV and $213,880,000 shall be available for subpart 2 of
part A of title IV: 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, $665,000,000, of
which $541,259,000 shall become available on July 1, 2004, and shall
remain available through September 30, 2005.

special education

For carrying out parts B, C, and D of the Individuals with
Disabilities Education Act, $11,027,464,000, of which $5,337,533,000
shall become available for obligation on July 1, 2004, and shall remain
available through September 30, 2005, and of which $5,402,000,000 shall
become available on October 1, 2004, and shall remain available through
September 30, 2005, for academic year 2004-2005: Provided, That
$11,400,000 shall be for Recording for the Blind and Dyslexic to
support the development, production, and circulation of recorded
educational materials: Provided further, That $1,500,000 shall be for
the recipient of funds provided by Public Law 105-78 under section
687(b)(2)(G) of the Act to provide information on diagnosis,
intervention, and teaching strategies for children with disabilities:
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 provided, the
Rehabilitation Act of 1973, the Assistive Technology Act of 1998, and
the Helen Keller National Center Act, $3,004,360,000, of which
$1,000,000 shall be used to improve the quality of applied orthotic and
prosthetic research and help meet the demand for provider services:
Provided, That the funds provided for title I of the Assistive
Technology Act of 1998 (``the AT Act'') shall be allocated
notwithstanding section 105(b)(1) of the AT Act: Provided further, That
section 101(f) of the AT Act shall not limit the award of an extension
grant to three years: Provided further, That no State or outlying area
awarded funds under section 101 shall receive less than the amount
received in fiscal year 2003.

american printing house for the blind

For carrying out the Act of March 3, 1879, as amended (20 U.S.C.
101 et seq.) including the acquisition of equipment, $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.), $53,800,000, of which $367,000 shall be for construction and
shall remain available 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.), $100,800,000: 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 provided, the Carl D.
Perkins Vocational and Technical Education Act of 1998, subparts 4 and
11 of part D of title V of the Elementary and Secondary Education Act
of 1965, and the Adult Education and Family Literacy Act,
$2,093,990,000, of which $1,274,943,000 shall become available on July
1, 2004 and shall remain available 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 Education State Grants, $69,545,000 shall be
made available for integrated English literacy and civics education
services to immigrants and other limited English proficient
populations: Provided further, That of the amount reserved 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 immigrants 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
Naturalization Service data for immigrants admitted for legal permanent
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 Education and Family Literacy Act, $9,223,000
shall be for national leadership activities under section 243 and
$6,732,000 shall be for the National Institute for Literacy under
section 242: Provided further, That $160,047,000 shall be available to
support the activities authorized under subpart 4 of part D of title V
of the Elementary and Secondary Education Act of 1965, 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 activities 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 agencies: Provided
further, That funds made available to local education agencies under
this subpart shall be used only for activities related to establishing
smaller learning communities in high schools.

student financial assistance

For carrying out subparts 1, 3 and 4 of part A, part C and part E
of title IV of the Higher Education Act of 1965, as amended,
$14,174,115,000, 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; 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, $104,703,000.

higher education

For carrying out, to the extent not otherwise provided, section 121
and titles II, III, IV, V, VI, and VII of the Higher Education Act of
1965 (``HEA''), as amended, section 117 of the Carl D. Perkins
Vocational and Technical Education Act of 1998, and the Mutual
Educational and Cultural Exchange Act of 1961, $1,974,247,000, of which
$2,000,000 for interest subsidies authorized by section 121 of the HEA
shall remain available until expended: Provided, That notwithstanding
any other provision of law or any regulation, the Secretary of
Education shall not require the use of a restricted indirect cost rate
for grants issued pursuant to section 117 of the Carl D. Perkins
Vocational and Technical Education Act of 1998: Provided further, 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 evaluation activities for programs under the HEA,
including such activities needed to comply with the Government
Performance 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
participating in advanced foreign language training and international
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 government, the professions, or
international development: Provided further, That up to 1 percent of
the funds referred to in the preceding proviso may be used for program
evaluation, national outreach, and information dissemination
activities.

howard university

For partial support of Howard University (20 U.S.C. 121 et seq.),
$238,440,000, of which not less than $3,573,000 shall be for a matching
endowment grant pursuant 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 $355,000,000, 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 Historically Black
College and University Capital Financing Program 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,
$452,956,000: Provided, That, of the amount appropriated, $144,090,000
shall be available for obligation through September 30, 2005: Provided
further, That of the amount provided to carry out title I, parts B and
D of Public Law 107-279, $24,362,000 shall be for the national research
and development centers authorized under section 133(c): Provided
further, That $4,968,000 shall be available to extend for one
additional year the contract for the Eisenhower National Clearinghouse
for Mathematics and Science Education authorized under section
2102(a)(2) of the Elementary and Secondary Education Act of 1965, prior
to its amendment by the No Child Left Behind Act of 2001, Public Law
107-110.

program administration

For carrying out, to the extent not otherwise provided, the
Department of Education Organization Act, including rental of
conference rooms in the District of Columbia and hire of three
passenger motor vehicles, $409,863,000, of which $13,644,000, to remain
available until expended, shall be for building alterations and related
expenses for the relocation of Department staff to Potomac Center Plaza
in Washington, D.C.: Provided, That of this amount, sufficient funds
shall be available for the Secretary of Education, not later than 60
days after the last day of the fiscal year, to submit to Congress a
report on the amount of acquisitions made by the Department of
Education during such fiscal year of articles, materials, or supplies
that were manufactured outside the United States. Such report shall
separately indicate the dollar value of any articles, materials, or
supplies purchased by the Department of Education that were
manufactured outside the United States, an itemized list of all waivers
under the Buy American Act (41 U.S.C. 10a et seq.) that were granted
with respect to such articles, materials, or supplies, and a summary of
total procurement funds spent on goods manufactured in the United
States versus funds spent on goods manufactured outside of the United
States. The Secretary of Education shall make the report publicly
available by posting the report on an Internet website.

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, $44,137,000.

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 transportation 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 includes 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 clustering. 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 voluntary prayer and
meditation in the public schools.

(transfer of funds)

Sec. 304. Not to exceed 1 percent of any discretionary 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 Appropriations Committees of both
Houses of Congress are notified at least 15 days in advance of any
transfer.
Sec. 305. (a) The matter under the heading ``Title III--Department
of Education, Education for the Disadvantaged'', in Public Law 108-7
(117 Stat. 326) 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 additional fiscal year 2003 budget authority provided under
subsection (a) shall not be subject to the rescission required by
Division N, section 601, of Public Law 108-7.
(c) Subsections (a) and (b) shall become effective immediately upon
enactment of this Act.
Sec. 306. None of the funds provided under this Act shall be used
to implement or enforce the annual updates to the allowance for State
and other taxes in the tables used in the Federal Needs Analysis
Methodology to determine a student's expected family contribution for
the award year 2004-2005 under part F of title IV of the Higher
Education Act of 1965 (20 U.S.C. 1087kk et seq.) published in the
Federal Register on Friday, May 30, 2003 (68 Fed. Reg. 32473), to the
extent that such implementation or enforcement of the updates will
reduce the amount of Federal student financial assistance for which a
student is eligible: Provided, That of the funds appropriated in this
Act for the National Institutes of Health, $200,000,000 shall not be
available for obligation until September 30, 2004.
Sec. 307. (a) Additional Funding.--In addition to any amounts
otherwise appropriated under this Act for grants to States under part B
of the Individuals with Disabilities Education Act (20 U.S.C. 1411 et
seq.), there are appropriated an additional $1,200,000,000 for such
grants.
(b) Customs User Fees.--Section 13031(j)(3) of the Consolidated
Omnibus Budget Reconciliation Act of 1985 (19 U.S.C. 58c(j)(3)) is
amended by striking ``September 30, 2003'' and inserting ``September
30, 2004''.
Sec. 308. In addition to any amounts that may be made available
under this Act to carry out the Excellence in Economic Education Act of
2001 under subpart 13 of part D of title V of the Elementary and
Secondary Education Act of 1965, there are appropriated, out of any
money in the Treasury not otherwise appropriated, $2,000,000 to carry
out the Excellence in Economic Education Act of 2001.
Sec. 309. For necessary expenses for the Underground Railroad
Education and Cultural Program, there are appropriated $2,235,000.
Sec. 310. There are appropriated, out of any money in the Treasury
not otherwise appropriated, to carry out section 208 of the Education
Sciences Reform Act of 2002, $80,000,000. All amounts in this Act for
management and administration at the Department of Education are
reduced on a pro rata basis by an amount required to offset the
$80,000,000 appropriation made by this section.
Sec. 311. For activities authorized by part H of title I of the
Elementary and Secondary Education Act, there are hereby appropriated
up to $5,000,000, which may be used to carry out such activities.

daniel patrick moynihan global affairs institute

Sec. 312. (a) Definitions.--In this section:
(1) Endowment fund.--The term ``endowment fund'' means a
fund established by the Maxwell School of Citizenship and
Public Affairs of the Syracuse University in Syracuse, New
York, for the purpose of generating income for the support of
the School and other purposes as described in subsection (d).
(2) School.--The term ``School'' means the Maxwell School
of Citizenship and Public Affairs of the Syracuse University in
Syracuse, New York.
(3) Secretary.--The term ``Secretary'' means the Secretary
of Education.
(4) University.--The term ``University'' means the Syracuse
University in Syracuse, New York.
(b) Daniel Patrick Moynihan Global Affairs Institute.--
(1) Redesignation.--To be eligible for a grant under
subsection (c), the University shall designate the global
affairs institute within the Maxwell School of Citizenship and
Public Affairs of the University as the ``Daniel Patrick
Moynihan Global Affairs Institute''.
(2) References.--Any reference in a law, map, regulation,
paper, or other record to the global affairs institute within
the Maxwell School of Citizenship and Public Affairs of the
University, shall be deemed to be a reference to the Daniel
Patrick Moynihan Global Affairs Institute.
(c) Grant for Endowment Fund.--From amounts appropriated under
subsection (f), the Secretary may award a grant to the University for
the establishment of an endowment fund to support the Daniel Patrick
Moynihan Global Affairs Institute.
(d) Duties.--Amounts received under a grant under subsection (c),
shall be used to--
(1) carry on the public and intellectual tradition of
Senator Daniel Patrick Moynihan;
(2) sustain all of the core activities of the School;
(3) fund the residencies of visiting scholars and
international leaders;
(4) support scholarship, training, and practice in
countries that are often the most impoverished economically,
institutionally, and civically;
(5) support partnerships with governments and other
relevant entities around the world to train government
officials both at the School and in their home countries; and
(6) expand the facilities of the School.
(e) Miscellaneous Provisions Relating to the Endowment Fund.--
(1) Management.--The endowment fund established under
subsection (c) shall be managed in accordance with the standard
endowment policies established by the University.
(2) Use of interest and investment income.--Interest and
other investment income earned from the endowment fund may be
used to carry out the duties under subsection (d).
(3) Distribution of interest and investment income.--Funds
derived from the interest and other investment income earned
from the endowment fund shall be available for expenditure by
the University for purposes consistent with subsection (d).
(f) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section, $10,000,000 to remain available
until expended.
Sec. 313. In addition to any amounts otherwise appropriated under
this Act, there may be appropriated, out of any money in the Treasury
not otherwise appropriated--
(1) an additional $4,000,000 to carry out title III of the
Elementary and Secondary Education Act of 1965 (language
instruction);
(2) up to $1,000,000 to carry out part A of title V of the
Higher Education Act of 1965 (Hispanic-serving institutions);
(3) up to $500,000 to carry out part C of title I of the
Elementary and Secondary Education Act of 1965 (migrant
education);
(4) up to an additional $3,000,000 to carry out high school
equivalency program activities under section 418A of the Higher
Education Act of 1965 (HEP);
(5) up to an additional $500,000 to carry out college
assistance migrant program activities under section 418A of the
Higher Education Act of 1965 (CAMP); and
(6) up to an additional $1,000,000 to carry out subpart 16
of part D of title V of the Elementary and Secondary Education
Act of 1965 (parental assistance and local family information
centers).
This title may be cited as the ``Department of Education
Appropriations Act, 2004''.

TITLE IV--RELATED AGENCIES

Armed Forces Retirement Home

For expenses necessary for the Armed Forces Retirement Home to
operate and maintain the Armed Forces Retirement Home--Washington and
the Armed Forces Retirement Home--Gulfport, to be paid from funds
available 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 National and
Community Service to carry out the provisions of the Domestic Volunteer
Service Act of 1973, as amended, $350,187,000: 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 volunteer leaders whose incomes exceed 125 percent of
the national poverty level.

Corporation for Public Broadcasting

For payment to the Corporation for Public Broadcasting, as
authorized by the Communications Act of 1934, an amount which shall be
available within limitations specified by that Act, for the fiscal year
2006, $400,000,000: 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: Provided further, That for
fiscal year 2004, in addition to the amounts provided above,
$55,000,000 shall be for costs related to digital program production,
development, and distribution, associated with the transition of public
broadcasting to digital broadcasting, to be awarded as determined by
the Corporation in consultation with public radio and television
licensees or permittees, or their designated representatives: Provided
further, That for fiscal year 2004, in addition to the amounts provided
above, $10,000,000 shall be for the costs associated with implementing
the first phase of the next generation interconnection system.

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-
Management 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, including $1,500,000, to remain available through
September 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 activities and other conflict resolution services
and technical assistance, including those provided to foreign
governments and international organizations, and for arbitration
services shall be credited to and merged with this account, and shall
remain available until expended: Provided further, That fees for
arbitration services shall be available only for education, training,
and professional development of the agency workforce: Provided further,
That the Director 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,
$243,889,000, to remain available until expended.

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,
$3,339,000.

National Labor Relations Board

salaries and expenses

For expenses necessary for the National Labor Relations 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,
$246,073,000: Provided, That no part of this appropriation shall be
available to organize or assist in organizing agricultural laborers or
used in connection with investigations, hearings, directives, 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 amended,
and as defined in section 3(f) of the Act of June 25, 1938 (29 U.S.C.
203), and including in said definition employees engaged in the
maintenance and operation of ditches, canals, reservoirs, and waterways
when maintained 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 President, $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), $9,610,000.

Railroad Retirement Board

dual benefits payments account

For payment to the Dual Benefits Payments Account, authorized under
section 15(d) of the Railroad Retirement 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 addition,
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
approximately 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, $99,350,000, to be derived in such amounts
as determined 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 $6,322,000, to
be derived from the railroad retirement accounts and railroad
unemployment 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, office supplies, communications facilities or
services, maintenance 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: Provided further, That funds made available
under the heading in this Act, or subsequent Departments of Labor,
Health and Human Services, and Education, and Related Agencies
Appropriations Acts, may be used for any audit, investigation, or
review of the Medicare program.

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 Security 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 Security trust funds for administrative expenses incurred
pursuant to section 201(g)(1) of the Social Security Act,
$26,290,000,000, to remain available until expended: Provided, 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 Social 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 expended.

limitation on administrative expenses

For necessary expenses, including the hire of two passenger motor
vehicles, and not to exceed $20,000 for official reception and
representation expenses, not more than $8,410,000,000 may be expended,
as authorized by section 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 Social
Security Administration information technology and telecommunications
hardware and software infrastructure, including related equipment and
non-payroll administrative expenses associated solely with this
information technology 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 policies, 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: Provided further,
That $107,000,000 shall not be available for obligation until September
30, 2004.
In addition, $120,000,000 to be derived from administration fees in
excess of $5.00 per supplementary payment 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
appropriations 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 programs 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, $20,863,000, together with not to exceed $61,597,000, to be
transferred and expended as authorized by section 201(g)(1) of the
Social Security Act from the Federal Old-Age and Survivors Insurance
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
transfers 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 recognized executive-
legislative relationships, for publicity or propaganda purposes, for
the preparation, distribution, or use of any kit, pamphlet, booklet,
publication, radio, television, or video presentation designed to
support or defeat legislation pending before the Congress or any State
legislature, 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 recipient, 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 salaries and expenses under titles I and III,
respectively, for official reception and representation expenses; the
Director of the Federal Mediation and Conciliation Service is
authorized to make available for official reception and representation
expenses not to exceed $5,000 from the funds available for ``Salaries
and expenses, Federal Mediation and Conciliation Service''; and the
Chairman of the National Mediation Board is authorized to make
available for official reception and representation expenses not to
exceed $5,000 from funds available for ``Salaries and expenses,
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 needles 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 products 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 available 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 inscription 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 documents 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 research
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 abortion.
(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 arrangement.
Sec. 509. (a) The limitations established in the preceding 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 construed 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 construed as
restricting the ability of any managed care provider from offering
abortion coverage or the ability of a State or locality to contract
separately with such a provider 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 embryos are
destroyed, discarded, or knowingly subjected 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 established 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 Secretary 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 entity.
Sec. 513. None of the funds made available in this Act may be used
to promulgate or adopt any final standard under section 1173(b) of the
Social Security Act (42 U.S.C. 1320d-2(b)) providing for, or providing
for the assignment 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 specifically approving the
standard.
Sec. 514. None of the funds made available in this Act may be
transferred to any department, agency, or instrumentality of the United
States Government, except pursuant to a transfer made by, or transfer
authority provided in, this Act or any other appropriation Act.
Sec. 515. (a) In General.--Amounts made available under this Act
for the administrative and related expenses for departmental management
for the Department of Labor, the Department of Health and Human
Services, and the Department of Education shall be reduced on a pro
rata basis by $52,190,000.
(b) Limitation.--The reduction required by subsection (a) shall not
apply to the Food and Drug Administration and the Indian Health
Service.
Sec. 516. In addition to any amounts otherwise appropriated under
this Act for the Special Volunteers for Homeland Security program,
there may be appropriated an additional $5,000,000 for such program.
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:

JEFF TRANDAHL,

Clerk.

Passed the Senate September 10, 2003.

Attest:

EMILY J. REYNOLDS,

Secretary.