Department of Labor, HHS, and Education Appropriations, FY 2004 bill

Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Act, 2004 - Makes appropriations for FY 2004 for the Departments of Labor, Health and Human Services, and Education and related agencies.

Title I: Department of Labor - Department of Labor Appropriations Act, 2004 - Makes appropriations for FY 2004 to the Department of Labor for: (1) the Employment and Training Administration, training and employment services; (2) community service employment for older Americans; (3) Federal unemployment benefits and allowances; (4) State unemployment insurance and employment service operations; (5) advances to the Unemployment Trust Fund and the Black Lung Disability Trust Fund; (6) employment and training program administration; (7) the Employee Benefits Security Administration; (8) the Pension Benefit Guaranty Corporation; (9) the Employment Standards Administration; (10) certain special benefits, including ones for disabled coal miners; (11) the Energy Employees Occupational Illness Compensation Fund; (12) the Black Lung Disability Trust Fund; (13) the Occupational Safety and Health Administration; (14) the Mine Safety and Health Administration; (15) the Bureau of Labor Statistics; (16) the Office of Disability Employment Policy; (17) departmental management; (18) veterans employment and training; (19) the Office of Inspector General; and (20) a working capital fund for a new core accounting system.

Sets forth authorized uses of, and limitations on, funds and transfers of funds appropriated under this title.

(Sec. 101) Prohibits use of Job Corps funds under this title to pay individual compensation at a rate in excess of Executive Level II.

(Sec. 102) Allows not more than one percent of discretionary funds for the current fiscal year for the Department of Labor in this Act to be transferred between appropriations. Prohibits any increase of any such appropriation by more than three percent by any such transfer.

(Sec. 103) Prohibits, in accordance with a specified executive order, funds under this Act from being obligated or expended for procuring 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 Department of Labor prior to enactment of this Act.

(Sec. 104) Authorizes appropriations 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) Rescinds a specified amount of the funds appropriated for FY 1999 that were allotted as welfare-to-work formula grants to States under certain Social Security Act provisions. Directs the Secretary of Labor to recapture unexpended funds from States that have received such allotments, on the basis of each State's relative portion of the total unexpended amount in all States.

(Sec. 106) Prohibits funds under this Act from being used to promulgate or implement any regulation that exempts from specified overtime requirements of the Fair Labor Standards Act of 1938 (FLSA) any employee who is not otherwise exempted pursuant to regulations under certain FLSA provisions that were in effect as of September 3, 2003.

(Sec. 107) Authorizes the Department of Labor to cease, until the end of FY 2004, 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.

(Sec. 108) Directs Secretary of Labor to: (1) re-propose a rule on respirable coal dust which incorporates the use of Personal Dust Monitors (PDMs) following the successful demonstration of PDM technology, and if the Secretary determines that PDMs can be effectively applied in a regulatory scheme; and (2) if such rule is re-proposed, comply with the regular procedures applicable to Federal rulemaking.

Title II: Department of Health and Human Services - Department of Health and Human Services Appropriations Act, 2004 - Makes appropriations for FY 2004 to the Department of Health and Human Services (HHS) for: (1) the Health Resources and Services Administration, for specified health resources and services activities; (2) health education assistance loans; (3) the Vaccine Injury Compensation Program Trust Fund; (4) the Centers for Disease Control and Prevention (CDCP), for disease control, research, and training; (5) the National Institutes of Health (NIH), including the John E. Fogarty International Center, the National Library of Medicine, and the Office of the Director; (6) the Substance Abuse and Mental Health Services Administration, for substance abuse and mental health services; (7) the Agency for Healthcare Research and Quality; (8) the Centers for Medicare and Medicaid Services for grants to States for Medicaid, payments to health care trust funds, program management, and the Health Maintenance Organization Loan and Loan Guarantee Fund; (9) the Administration for Children and Families for payments to States for child support enforcement and family support programs; (10) low income home energy assistance; (11) refugee and entrant assistance; (12) payments to States for the child care and development block grant; (13) the social services block grant; (14) children and families services programs; (15) promoting safe and stable families, through family preservation and support; (16) payments to States for foster care and adoption assistance; (17) the Administration on Aging; (18) the Office of the Secretary for general departmental management; (19) the Office of Inspector General; (20) the Office for Civil Rights; (21) policy research; (22) retirement pay and medical benefits for Public Health Service commissioned officers, and medical care of dependents and retired personnel; and (23) the public health and social services emergency fund, for expenses related to countering potential biological, disease, and chemical threats to civilian populations.

Sets forth authorized uses of, and limitations on, funds appropriated under this title.

(Sec. 202) Directs the Secretary of HHS to 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) Prohibits the use of funds under this Act to implement a certain mandatory breast cancer study under the Public Health Service Act (PHSA) or to construct regional centers for primate research under the National Institutes of Health Revitalization Act of 1993.

(Sec. 204) Prohibits the use of funds under this Act for the NIH, the Agency for Healthcare Research and Quality, and the Substance Abuse and Mental Health Services Administration to pay an individual's salary, through a grant or other extramural mechanism, at a rate in excess of Executive Level I.

(Sec. 205) Prohibits the expenditure of funds under this Act pursuant to specified evaluation provisions of PHSA, except for funds specifically provided for in this Act, or for other taps and assessments made by any office located in the Department of HHS, prior to a report by the Secretary of HHS to specified congressional committees detailing the planned uses of such funds.

(Sec. 206) Directs the Secretary of HHS to determine a portion, up to 2.2 percent, of appropriations for PHSA programs to be made available for evaluation of implementation and effectiveness of such programs.

(Sec. 207) Allows the transfer between appropriations of not more than one percent of discretionary funds in this Act for the current fiscal year for the Department of HHS. Prohibits any increase of any such appropriation by more than three percent by any such transfer, but allows that appropriation to be increased by an additional two percent subject to approval by the House and Senate Committees on Appropriations.

(Sec. 208) Authorizes the Directors of the NIH and of the Office of AIDS Research (OAR) jointly to transfer up to three 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 (HIV).

(Sec. 209) Requires the amount for research related to HIV (of amounts made available for NIH in this Act), as jointly determined by the Directors of NIH and of OAR, to be made available to the OAR account. Requires the Director of OAR to transfer from such account amounts necessary to carry out certain provisions of PHSA.

(Sec. 210) Prohibits funds under this Act from being made available under title X (population research and voluntary family planning) of PHSA, unless the award applicant certifies to the Secretary of HHS that it encourages family participation in the decision of minors to seek family planning services and provides counseling to minors on resisting attempts to coerce them into engaging in sexual activities.

(Sec. 211) Prohibits use of funds under this Act to carry out the Medicare+Choice program if the Secretary of HHS 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.

(Sec. 212) Declares that no provider of services under title X (population research and voluntary family planning) of PHSA shall be exempt from any State law requiring notification or the reporting of child abuse, child molestation, sexual abuse, rape, or incest.

(Sec. 213) Amends the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1990 to extend through FY 2004 the authority and deadline for aliens to apply for refugee admission into the United States. Directs the Attorney General to establish one or more refugee categories for members of religious minoriites who are or were targets of persecution in Iran.

(Sec. 214) Prohibits funds under by this Act from being used to withhold substance abuse funding from a State pursuant to specified PHSA provisions, if such State certifies to the Secretary of HHS that the State will commit additional State funds to ensure compliance with State laws prohibiting the sale of tobacco products to individuals under 18 years of age. Requires the amount of such funds to be committed by a State to equal one percent of its substance abuse block grant allocation for each percentage point by which the State misses the retailer compliance rate goal established by the Secretary of HHS. Requires the State to maintain its expenditures in FY 2004 for tobacco prevention programs and for compliance activities at least at its FY 2003 level, and to add to that level such required additional funds for tobacco compliance activities. Provides that no funds under this Act may be used to withhold such substance abuse funding from a territory that receives less than $1 million of such funding.

(Sec. 215) Authorizes the Secretary of HHS, in order for the CDCP to carry out international health activities, including those relating to HIV/AIDS and other infectious disease, chronic and environmental disease, and other health activities abroad during FY 2004, to utilize specified authorities under: (1) the State Department Basic Authorities Act of 1956; and (2) other Federal laws to lease, alter, or renovate facilities in foreign countries to carry out such programs.

(Sec. 216) Authorizes the Division of Federal Occupational Health to use personal services contracting to employ occupational health professionals and professionals in management and administration.

(Sec. 217) Authorizes the Director of the NIH to use funds under this Act to award Core Center Grants to encourage the development of innovative multidisciplinary research and provide training concerning Parkinson's disease. Requires each such center to be designated as a Morris K. Udall Center for Research on Parkinson's Disease.

(Sec. 218) Prohibits use of funds appropriated in this or any other Act to carry out or administer the Department of HHS Human Resources Consolidation Plan.

(Sec. 219) Directs the Comptroller General to study and report to Congress with recommendations on concierge care, to determine the extent to which such care: (1) is used by Medicare beneficiaries; and (2) has impacted upon the access of Medicare beneficiaries to items and services for which reimbursement is provided under the Medicare program under title XVIII of the Social Security Act.

(Sec. 220) Expresses the sense of the Senate that the Director of NIH should continue: (1) the Pediatric Research Initiative (PRI) under PHSA, and emphasize the importance of pediatric research, particularly translational research; and (2) to report, by January 2004, to specified congressional committees on the status of the PRI.

(Sec. 221) Makes appropriations to provide funding for poison control centers under the Poison Control Enhancement and Awareness Act, including amounts otherwise made available in this Act for such centers.

(Sec. 222) Makes additional appropriations, under the heading of Administration on Aging, to carry out the ombudsman program under the Older Americans Act of 1965.

(Sec. 223) Makes additional appropriations for programs and activities under the Nurse Reinvestment Act and for other nursing workforce development programs under title VIII of PHSA.

(Sec. 224) Requires the NIH Director, within 90 days after enactment of this Act, to report to the appropriate congressional committees, including: (1) the Director's recommendations on the NIH role in promoting affordability of inventions and products developed with Federal funds; and (2) a description of any existing circumstances that prevent the Director from doing such promotion.

(Sec. 225) Requires studies and reports to specified congressional committees on mammography standards by: (1) the Comptroller General, evaluating specified aspects of the program established under the Mammography Quality Standards Act of 1992 (MQSA), particularly the factors that contributed to the closing of approximately 700 mammography facilities since 2001; and (2) the Institute of Medicine of the National Academy of Sciences (under an agreement with the Secretary of HHS), recommending various improvements in mammography quality and physicians' interpretations of mammograms, as well as other specified items.

(Sec. 226) Authorizes a specified amount of the appropriations for the CDCP under this Act to be made available for the CDCP Director 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) Authorizes additional appropriations for the support of the improved newborn and child screening for heritable disorders program under PHSA.

(Sec. 228) Authorizes appropriations for FY 2004 through 2007 for the Secretary of Health and Human Services, acting through the Bureau of Health Professions of the Health Resources and Services Administration, to award up to five four-year grants to higher education institutions to establish summer health career introductory programs for middle and high school students.

(Sec. 229) Requires the CDCP Director, within 120 days after enactment of this Act, to prepare a plan to comprehensively address blood safety and injection safety in Africa under the Global AIDS Program.

(Sec. 230) Directs the Secretary of HHS to report by May 1, 2004, to the appropriate congressional committees of Congress on the manner in which the Department of HHS expends Federal funds for research, patient care, and other activities relating to Hansen's Disease.

(Sec. 231) Makes additional appropriations for the following activities under the Child Abuse Prevention and Treatment Act: (1) child abuse State grants; (2) community-based resource centers; and (3) child abuse discretionary grants.

(Sec. 232) Authorizes additional appropriations to the Director of the Office of Minority Health (OMH) of the Department of HHS for a demonstration project, in appropriate coordination with the heads of specified and other agencies within HHS, to reduce Sudden Infant Death Syndrome (SIDS) disparity rates, and to provide risk reduction education to African American and Native American populations, 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 SIDS associated with teenage pregnancy within African American and Native American communities. Expresses the sense of the Senate encouraging the OMH Director, in carrying out such demonstration project, to: (1) expand upon the similar pilot program for Native Americans that was funded by OMH; and (2) coordinate with those other agency heads to support project activities.

(Sec. 233) Authorizes appropriations to fund programs on community automatic external defibrillators under PHSA.

(Sec. 234) Authorizes an additional amount to be made available 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) Authorizes use of certain funds to continue operating the Council on Graduate Medical Education.

(Sec. 236) Designates the NIH Muscular Dystrophy Cooperative Research Centers program as the Senator Paul D. Wellstone Muscular Dystrophy Cooperative Research Centers.

(Sec. 237) Requires specified additional amounts to be made available under this Act for mother-to-child as well as non-mother-to-child HIV transmission prevention activities. Offsets such additional amounts by reducing on a pro rata basis amounts for administrative and related expenses for departmental management for the Departments of Labor, of HHS, and of Education.

(Sec. 238) Authorizes the NIH Director to use certain available funds 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. Authorizes the Director, in entering such transactions, to determine and use appropriate peer review procedures in lieu of the peer review and advisory council review procedures that would otherwise be required under PHSA.

Title III: Department of Education - Department of Education Appropriations Act, 2004 - Makes appropriations for FY 2004 to the Department of Education for: (1) education for the disadvantaged; (2) impact aid; (3) school improvement programs; (4) Indian education; (5) innovation and improvement activities; (6) safe schools and citizenship education; (7) English language acquisition and language enhancement; (8) special education; (9) rehabilitation services and disability research; (10) special institutions for persons with disabilities, including the American Printing House for the Blind, the National Technical Institute for the Deaf, the Kendall Demonstration Elementary School, the Model Secondary School for the Deaf, and Gallaudet University; (11) vocational and adult education; (12) certain student financial assistance programs, as well as Federal administrative expenses for such programs (and sets a maximum individual Pell Grant amount); (13) specified higher education programs; (14) Howard University; (15) the college housing and academic facilities loans program; (16) the historically Black college and university capital financing program account; (17) the Institute of Education Sciences; (18) departmental management and program administration; (19) the Office for Civil Rights; and (20) the Office of the Inspector General.

Sets the maximum individual Pell Grant amount at $4,050 during award year 2004-2005.

Sets forth authorized uses of, and limitations on, funds appropriated under this title.

(Sec. 301) Prohibits funds under in this Act from being used to transport teachers or students in order to: (1) overcome racial imbalance in any school; or (2) carry out a racial desegregation plan.

(Sec. 302) Prohibits the use of funds under in this Act to require, directly or indirectly, the transportation of any student to a school other than the school 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. Declares that such a prohibited 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. Exempts the establishment of magnet schools from such prohibition.

(Sec. 303) Prohibits funds under in this Act from being used to prevent the implementation of programs of voluntary prayer and meditation in public schools.

(Sec. 304) Allows the transfer between appropriations of not more than one percent of discretionary funds for the current fiscal year for the Department of Education in this Act. Prohibits any increase of any such appropriation by more than three percent by any such transfer.

(Sec. 305) Amends the Department of Education Appropriations Act, 2003 (title III of Division G of the Consolidated Appropriations Resolution, 2003, which is Public Law 108-7) to revise specified provisions for education for the disadvantaged to increase the amount of funds that shall become available on July 1, 2003, and provide a corresponding decrease of funds that shall become available on October 1, 2003.

(Sec. 306) Prohibits the use of any funds under this Act 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 student aid provisions of the Higher Education Act of 1965 (HEA) published in the Federal Register on Friday, May 30, 2003, 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.

Postpones the availability for obligation of a specified amount of NIH appropriations in this Act until September 30, 2004.

(Sec. 307) Makes additional appropriations for grants to States under the Individuals with Disabilities Education Act (IDEA) for education of children with disabilities.

Amends the Consolidated Omnibus Budget Reconciliation Act of 1985 to extend through FY 2004 the authorization for customs users fees.

(Sec. 308) Makes additional appropriations to carry out the Excellence in Economic Education Act of 2001 under the Elementary and Secondary Education Act of 1965 (ESEA).

(Sec. 309) Makes specified appropriations for necessary expenses for the Underground Railroad Education and Cultural Program.

(Sec. 310) Makes specified appropriations to carry out the grant program for statewide, longitudinal data systems under the Education Sciences Reform Act of 2002.

Offsets the amount of such appropriations by reducing on a pro rata basis all amounts in this Act for management and administration at the Department of Education.

(Sec. 311) Makes appropriations up to a specified amount to carry out school dropout prevention activities authorized by part H of title I of ESEA.

(Sec. 312) Authorizes appropriations for the Secretary of Education to award a grant to Syracuse University to establish an endowment fund to support a Daniel Patrick Moynihan Global Affairs Institute. Requires the University, to be eligible for such grant, to designate the global affairs institute within the Maxwell School of Citizenship and Public Affairs as the Daniel Patrick Moynihan Global Affairs Institute.

(Sec. 313) Authorizes additional appropriations for: (1) language instruction under title III of ESEA; (2) Hispanic-serving institutions under part A of title V of HEA; (3) migrant education under part C of title I of ESEA; (4) high school equivalency program activities under title IV of HEA; (5) college assistance migrant program activities under title IV of HEA; and (6) parental assistance and local family information centers under part D of title V of ESEA.

Title IV: Related Agencies - Makes appropriations for FY 2004 to the: (1) Armed Forces Retirement Home; (2) Corporation for National and Community Service, for domestic volunteer service programs and operating expenses; (3) Corporation for Public Broadcasting; (4) Federal Mediation and Conciliation Service; (5) Federal Mine Safety and Health Review Commission; (6) Institute of Museum and Library Services; (7) Medicare Payment Advisory Commission; (8) National Commission on Libraries and Information Science; (9) National Council on Disability; (10) National Educational Goals Panel; (11) National Labor Relations Board; (12) National Mediation Board; (13) Occupational Safety and Health Review Commission; (14) Railroad Retirement Board for the dual benefits payments account, Federal payments to the railroad retirement accounts, administration, and the Office of Inspector General; (15) Social Security Administration for payments to the Social Security trust funds, special benefits for disabled coal miners, the Supplemental Security Income (SSI) Program, administrative expenses, and the Office of Inspector General; and (16) U.S. Institute of Peace.

Sets forth authorized uses of, and limitations on, funds appropriated under this title.

Title V: General Provisions - Sets forth authorized uses of, and limitations on, funds appropriated under this Act.

(Sec. 505) Prohibits the use of funds appropriated under this Act for programs to distribute sterile needles or syringes for the injection of illegal drugs, unless the Secretary of HHS determines that such programs are effective in preventing the spread of HIV and do not encourage the use of illegal drugs..

(Sec. 506) Sets forth Buy American requirements.

(Sec. 508) Prohibits the expenditure of funds appropriated under this Act, or in any trust fund to which funds are appropriated under this Act, for abortions or for health benefits coverage that includes coverage of abortion, with exceptions specified in section 509 of this Act.

(Sec. 509) Provides that the prohibition in section 508 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. Provides that nothing in section 508 shall be construed as: (1) 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); or (2) 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) Prohibits the use of funds made available in this Act for: (1) the creation of a human embryo for research purposes; or (2) research in which a human embryo is destroyed, discarded, or knowingly subjected to risk of injury or death greater than that allowed for research on fetuses in utero under specified Federal regulations and the Public Health Service Act. Defines "human embryo or embryos" to include any organism, not protected as a human subject under specified Federal regulations 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) Prohibits the use of funds made available in this Act for activities to promote the legalization of a controlled substance unless there is significant medical evidence of a therapeutic advantage to the use of such substance or that federally-sponsored trials are being conducted to determine such advantage.

(Sec. 513) Bars the use of funds made available in this Act to promulgate a final standard under the Social Security Act providing for a unique health identifier for an individual (except in an individual's capacity as an employer or health care provider) until legislation is enacted specifically approving the standard.

(Sec. 514) Prohibits any funds made available in this Act from being transferred to any department, agency, or instrumentality of the Federal Government, except pursuant to a transfer made by, or transfer authority provided in, this Act or any other appropriation Act.

(Sec. 515) Reduces by a specified amount and on a pro rata basis amounts made available under this Act for the administrative and related expenses for departmental management for the Departments of Labor, of HHS, and of Education. Makes such reduction inapplicable to the Food and Drug Administration and the Indian Health Service.

(Sec. 516) Authorizes additional appropriations for the Special Volunteers for Homeland Security program.