[Congressional Record (Bound Edition), Volume 149 (2003), Part 16]
[Senate]
[Pages 21998-22012]
[From the U.S. Government Publishing Office, www.gpo.gov]




  DEPARTMENTS OF LABOR, HEALTH AND HUMAN SERVICES, AND EDUCATION, AND 
               RELATED AGENCIES APPROPRIATIONS ACT, 2004

  On Wednesday, September 10, 2003, the Senate passed H.R. 2660, as 
follows:

                               H.R. 2660

       Resolved, That the bill from the House of Representatives 
     (H.R. 2660) entitled ``An Act making appropriations for the 
     Departments of Labor, Health and Human Services, and 
     Education, and related agencies for the fiscal year ending 
     September 30, 2004, and for other purposes.'', do pass with 
     the following amendment:
       Strike out all after the enacting clause and insert:

     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,

[[Page 21999]]

     $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.

[[Page 22000]]

       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

[[Page 22001]]

     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.

[[Page 22002]]




             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

[[Page 22003]]

     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

[[Page 22004]]

     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

[[Page 22005]]

     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

[[Page 22006]]

     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.

[[Page 22007]]

       (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

[[Page 22008]]

     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

[[Page 22009]]

     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

[[Page 22010]]

     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.

[[Page 22011]]



            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.

[[Page 22012]]

       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''.

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