Congressional Record, Volume 149 Issue 100 (Wednesday, July 9, 2003)

[Congressional Record Volume 149, Number 100 (Wednesday, July 9, 2003)]
[House]
[Pages H6396-H6417]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

PROVIDING FOR CONSIDERATION OF H.R. 2660, DEPARTMENTS OF LABOR, HEALTH
AND HUMAN SERVICES, AND EDUCATION, AND RELATED AGENCIES APPROPRIATIONS
ACT, 2004

Ms. PRYCE of Ohio. Mr. Speaker, by direction of the Committee on
Rules, I call up House Resolution 312 and ask for its immediate
consideration.
The Clerk read the resolution, as follows:

H. Res. 312

Resolved, That at any time after the adoption of this
resolution the Speaker may, pursuant to clause 2(b) of rule
XVIII, declare the House resolved into the Committee of the
Whole House on the state of the Union for consideration of
the bill (H.R. 2660) 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. The first reading
of the bill shall be dispensed with. All points of order
against consideration of the bill are waived. General debate
shall be confined to the bill. After general debate the bill
shall be considered for amendment under the five-minute rule.
All points of order against provisions in the bill are waived
except section 217(b). Where points of order are waived
against part of a section, points of order against a
provision in another part of such section may be made only
against such provision and not against the entire section.
During consideration of the bill for amendment, the Chairman
of the Committee of the Whole may accord priority in
recognition on the basis of whether the Member offering an
amendment has caused it to be printed in the portion of the
Congressional Record designated for that purpose in clause 8
of rule XVIII. Amendments so printed shall be considered as
read. At the conclusion of consideration of the bill for
amendment the Committee shall rise and report the bill to the
House with such amendments as may have been adopted. The
previous question shall be considered as ordered on the bill
and amendments thereto to final passage without intervening
motion except one motion to recommit with or without
instructions.

The SPEAKER pro tempore. The gentlewoman from Ohio (Ms. Pryce) is
recognized for 1 hour.
Ms. PRYCE of Ohio. Mr. Speaker, for the purpose of debate only, I
yield the customary 30 minutes to the gentlewoman from New York (Ms.
Slaughter), pending which I yield myself such time as I may consume.
During consideration of this resolution, all time yielded is for the
purpose of debate only.
Mr. Speaker, House Resolution 312 is an open rule which provides for
1 hour of general debate, equally divided between the gentleman from
Ohio (Mr. Regula) and the ranking member, the gentleman from Wisconsin
(Mr. Obey), on H.R. 2660, the fiscal year 2004 Labor, Health and Human
Services, and Education, and Related agencies appropriations bill.
The rule waives all points of order against consideration of the bill
and against provisions in the bill, except as specified in this
resolution. After general debate, any Member wishing to offer an
amendment may do so, as long as it complies with the regular rules of
the House.
The bill shall be read for amendment by paragraph, and the rule
authorizes the Chair to accord priority in recognition to Members who
have preprinted their amendments in the Congressional Record.
Finally, the rule permits the minority to offer a motion to recommit,
with or without instructions.
Mr. Speaker, we have before us today the Labor, Health and Human
Services appropriations act for fiscal year 2004, a funding package
that makes good on our promises to America's children, workers and
families. Before I summarize the main components of this package, a
larger context must be established so that Members of both sides of the
aisle fully understand what we are debating here and what is at issue
today.

[[Page H6397]]

When Members of Congress met in subcommittee and in committee to
write this appropriations package, planning the most effective and
efficient way to fund many of these domestic programs for education,
for health care, for labor, they did not pick random funding levels.
Setting funding levels was not decided by a game of darts or ``eenie,
meenie, minie, moe.''
A war in Iraq, a slowly recovering economy, and limited government
revenues placed very clear and very real limitations on the resources,
and the need to be fiscally responsible with the taxpayers' dollars was
great. Despite these challenges, the gentleman from Florida (Chairman
Young) and the gentleman from Ohio (Chairman Regula) and their
colleagues created a funding plan that reflects our priorities, meets
our goals, and places the greatest funding in the areas we need it
most.
So when they drafted a plan to fund teacher quality grants, they
thought of the millions of students who learn something new each day
when they are taught by well-qualified teachers; and when they created
a package to give assistance and training to dislocated workers, they
thought of the many unemployed men and women who diligently search for
a new job, but always seem to meet a dead end; and when they thought to
craft a plan to help critical agencies such as the Centers for Disease
Control and the National Institutes of Health, they thought of
America's communities, which need increasing assistance in fighting the
growing threats of terrorism, especially those of bioterrorism. As a
result, we have seen dramatic increases in both agencies, even after
NIH's funding has doubled over the past 5 years.
When they considered the significance of programs, such as the Low
Income Home Energy Assistance Program, they thought of all the families
who are forced to forego other needs in order to afford heat for their
homes during cold winter months; and when they created a plan to
provide comprehensive nutrition programs for women, infants and
children, they thought of the thousands of soon-to-be and new mothers
who wanted to provide the best possible care for their children and
themselves by eating right and living healthy lives.
Mr. Speaker, I mention these things at the risk of sounding
repetitive, because the debate over this appropriations plan is likely
to turn quite heated. These Members of Congress that I have mentioned,
the ones who have worked so hard under the constraints of very finite
resources, may not be rewarded here today. Instead, they may very well
be maligned by many of our colleagues from the other side of the aisle
who will suggest that this plan is cruel and that those that have
created it are uncaring.
So when these opponents begin to suggest that the amount of money is
indicative of the size of a person's heart, I would ask them to ponder
a quote by one of our former presidents, Ronald Reagan, who said, ``The
size of the Federal budget is not an appropriate barometer of social
conscience or charitable concern.'' And that is so true.
Do we have limited resources to spend? Yes. Can we still meet
America's needs with those limited resources? Absolutely. And is more
money always the best answer or the only answer? Absolutely not.
For example, in 1994, when my colleagues from the other side of the
aisle controlled Congress, the Labor-HHS appropriations plan increased
education spending by a mere 2 percent, and even then there were no
additional education reforms. The message of their plan was more
spending equals better education; more dollars equals better education.
Now, fast forward to 2002 when the Republican-controlled Congress
increased funding by 18 percent: 2 percent when they had it, 18 percent
when we have it. And we also implemented the landmark No Child Left
Behind plan to allow local school districts more flexibility in
exchange for greater accountability and for student achievement.
Our message: more efficient and effective spending equals a better
education.
Mr. Speaker, funding America's priorities can be both generous and
responsible, and this appropriations package is proof positive of that
fact. It provides significant increases for vital programs and services
while maintaining wise stewardship over taxpayers' dollars.
One issue that I have championed for many years, greater funding for
children's medical hospitals, received significant increases in this
bill, and I want to thank both the chairman and the ranking member for
recognizing the need for continued support for those working to improve
children's health and end critical and deadly diseases.
But all Americans are touched in one way or another by this
legislation. The gentleman from Ohio (Chairman Regula) has provided
tremendous leadership, working tirelessly to assure that Congress
spends generously, but wisely. As a result of that fact, as the
gentleman from Ohio (Chairman Regula) says, we should call this
legislation the Hope Act, because it provides hope for nearly every
single person in America it touches.

{time} 1600

Hope for new medical cures, hope for stronger schools, hope for a new
job. Whether you are an at-risk youth who will be able to attend an
after-school program, or whether you are a senior who will benefit from
increased efficiency and improved service in receiving your Social
Security benefits, or whether you are a child who will receive better
care from the extra assistance for children's hospitals and the
teaching that goes on in them, the message that this appropriations
plan sends out is very clear. Our priorities are the same, and our
commitment is unwavering: quality education, adequate quality health
care, safe work environments, and secure jobs. These are our goals, and
they are reflected in this funding package.
I urge all of my colleagues to pass the rule and approve the
underlying bill.
Mr. Speaker, I reserve the balance of my time.
Ms. SLAUGHTER. Mr. Speaker, I thank the gentlewoman from Ohio (Ms.
Pryce) for yielding me the customary 30 minutes, and I yield myself
such time as I may consume.
(Ms. SLAUGHTER asked and was given permission to revise and extend
her remarks.)
Ms. SLAUGHTER. Priorities, Mr. Speaker. Again and again the majority
has used legislation and procedural tactics to force its priorities
through the body. The majority passed another massive tax cut for the
wealthiest people that provided no relief for low-income families with
children and allowed practically no debate on the bill. They passed a
hollow plan to write a blank check to the pharmaceutical companies and
called it a prescription drug plan, again allowing little debate.
Last night the Committee on Rules demonstrated that tax cuts for the
wealthiest Americans are more important than education, the goals of
the No Child Left Behind Act, public health, the needs of older
Americans, and help for those who are suffering due to the impotent
economy. H.R. 2660 falls far short of the funding levels needed to
sustain important programs that should be our priorities.
The bill increases education funding, but the increase falls $700
million short of the funding increase promised in the budget resolution
for the 2004 fiscal year. These funding levels do leave children
behind. H.R. 2660 provides an increase in Title I spending, but it is
approximately $300 million less than the $1 billion promised in the
budget. Because the programs designed to leave no child behind are
again underfunded, school districts will lose money, and our children
will lose educational opportunities.
My district in New York will lose more than $700,000. The Niagara
Falls City School District will lose over $100,000, and Buffalo City
schools will face a loss of almost $900,000.
Only $1 billion of the $2.2 billion budgeted for special education is
appropriated. Pell grants allow 307,234 students to attend New York
colleges and universities, yet the funding for Pell grants is frozen at
current levels. And the current levels of funding cover less than 40
percent of the cost of a college education at a 4-year public
university.
The legislation also funds public health programs, which are truly
some of the most important services that the Federal Government
provides. However, H.R. 2660 provides few additional

[[Page H6398]]

resources for health services and public health. Quality health care is
out of the reach of far too many Americans. Recent press accounts have
highlighted severe problems with the oversight of the State Medicaid
programs, and States face financial crises. Over 3 million people in
New York depend on Medicaid, and, across the Nation, 4 million children
rely on State Children's Health Insurance Programs, SCHIP, for health
care. In New York, over a half a million children rely on SCHIP. There
are no increases in funding for childhood immunization grants or for
the program that provides the scholarships for nursing students,
despite the serious shortage of nurses in this country.
Despite these tax cuts which were made, actually what we are doing is
shifting the burden to the middle class, and then, obviously, the
programs that we care about are being cut, and while we are doing that,
issuing these tax cuts that were supposed to do such wonderful things,
the economy slowly staggers along. And the result of the stagnant
economy is that 6.4 percent of all Americans are unemployed. That is
the highest number in almost a decade. We have the largest deficit we
have ever had in our history, and more than 9 million Americans who
want to work and support their families cannot find work.
Are we going to help these millions of Americans until they are able
to find jobs? No. We either freeze the funding levels for programs to
help low-income Americans at the same level as last year, or it reduces
funding levels. And because of inflation, the bill would leave the
victims of poor economic policy with fewer resources.
Natural gas prices are rising and will likely be 50 percent higher by
this winter, but the funding for the Low-Income Home Energy Assistance
Program was slashed by 10 percent. This bill will literally leave
635,000 New York households that rely on LIHEAP in the cold. And
believe me, last year it was cold.
Before the July 4 recess, the older Americans were given a hollow
promise of insurance coverage for the astronomically high cost of
prescription drugs. Now, H.R. 2660 comes back again to take a swipe at
elderly Americans. Almost 200 million older, home-bound Americans rely
on Meals-on-Wheels. The allocated funding levels for the Meals-on-
Wheels program would force serious cuts in the services, resulting in
4.6 million fewer meals delivered. Our priorities are not providing
fewer meals to home-bound elderly Americans.
Last night the Committee on Rules passed an open rule for the
consideration of the Labor, Health and Human Services, and Education
appropriations for the 2004 fiscal year. Also last night the committee
rejected an amendment to add $5.5 billion to this appropriations bill.
The additional funds could be added by reducing the tax cuts from
$88,000 a year to $60,000 for those making more than $1 million.
Because the majority refused to grant a waiver in the open rule, the
amendment is out of order. The $5.5 billion in additional funds from
the big tax cut would go to education, to public health, to services
for low-income and elderly Americans, and more. Meals-on-Wheels would
keep rolling. Education funds would go to the children and make sure
that truly no child is left behind, and would provide the health care
immunization shots for children, and it would keep houses warm during
the icy winter.
Every day we as elected representatives make choices. The
appropriations process requires us to make difficult choices sometimes.
But the Federal Government, we know, has a finite amount of money, and
we must choose wisely how to allocate the resources. The appropriations
process for the 2004 fiscal year is incredibly more difficult because
Federal funds have been severely depleted. The billions of dollars in
tax cuts given to the wealthiest Americans have depleted it. This House
has chosen to fund millionaires rather than fund programs for elderly
Americans, the 9 million people unemployed, and children's minds and
bodies. That is the wrong choice.
Mr. Speaker, I reserve the balance of my time.
Ms. PRYCE of Ohio. Mr. Speaker, I am very pleased to yield such time
as he may consume to my very distinguished colleague from the grand
State of California (Mr. Dreier), the chairman of our Committee on
Rules.
(Mr. DREIER asked and was given permission to revise and extend his
remarks.)
Mr. DREIER. Mr. Speaker, let me begin by complimenting my colleague,
the gentlewoman from Ohio (Ms. Pryce), who chairs our Republican
Conference, on her superb statement. I think she really hit the nail on
the head when she quoted Ronald Reagan, making it clear that the
commitment in one's heart to priorities is not based on the size of the
Federal budget.
It is interesting that as I listened to my friend, the gentlewoman
from Rochester, New York, go through the litany of concerns that she
has with this bill, and we are regularly hearing from the other side of
the aisle that we are spending too much, we are concerned about the
deficit, and they try to paint it as if Republicans only are the ones
who are responsible for spending. I know that there are many who
believe that this tax cut; because one of her closing lines here, I was
struck with that, that we somehow are appropriating dollars, and that
is how I inferred it, because she said we are spending dollars on
millionaires and cutting off those who are in great need.
Nothing could be further from the truth. What we have done, Mr.
Speaker, and I know that my friend, the ranking minority member of the
Committee on Appropriations, is focused on this tax cut, we put into
place a jobs and growth plan, which, frankly, is already beginning to
work. We know that the best way to ensure that we have the resources
necessary to deal with these issues is for us to make sure that we get
the economy growing.
The challenge that we face fiscally here is that we have seen a
slowdown that began the last two quarters of the year 2000, and we are
emerging from that. Virtually every economist has acknowledged that the
economic recession that took place in the early part of 2001 was, in
fact, the shallowest economic recession since the Great Depression.
Why? In large part due to the fact that we put into place an economic
growth plan, and it is one which I think we should stick by.
Now, let us talk about the bill and this legislation itself. I know
that my friend, the gentlewoman from Ohio (Ms. Pryce), has very
appropriately pointed to the hard work and success of the chairman of
the full Committee on Appropriations, the gentleman from Florida (Mr.
Young) as well as the chairman of the subcommittee, the gentleman from
Ohio (Mr. Regula). We obviously are living with very, very challenging
fiscal constraints that have been imposed on us by the budget which
passed this House, and the gentleman from Ohio (Mr. Regula) was one
who, as has been said by the gentleman from Florida (Mr. Young),
willingly stepped forward as a subcommittee chairman and chose to,
without complaint, live within the strictures imposed by the 302(b)
allocations that, in fact, do have limitations on the amount that can
be spent. But it is important to note that his pursuit of vigorous
reforms and dealing with priorities will, in fact, allow those very
important needs to be met.
Now, the gentleman from Ohio (Mr. Regula) likes to refer to this as
the Love Thy Neighbor bill, because with 280 million Americans,
virtually everyone is touched by some aspect of this bill, whether it
has to do with health issues, education issues, we can go right down
the line. We all as Americans are touched by this. So it is for that
reason, as we look at a wide range of these very important, serious,
challenging societal needs, that he has come forward with a fiscally
responsible measure that will allow us to address those.
I would like to take just a moment, Mr. Speaker, to talk about one of
those needs. He very generously allowed my colleague, the gentleman
from Texas (Mr. Sessions), and me to join with the very capable writer
and commentator George Will in testifying before his subcommittee about
the need for us to ensure that the National Institutes of Health has
the resources necessary to deal with the challenge of Down Syndrome. I
have friends, included among them George Will and the gentleman from
Texas (Mr. Sessions), and my former staff director of the House
Committee on Rules, Vince Randazzo, who have in their family children
who are

[[Page H6399]]

faced with the challenge of Down Syndrome. And I believe that the
recognition that the gentleman from Ohio (Mr. Regula) has made in
reporting out this measure will go a long way towards dealing with that
challenge for future generations.
Mr. Speaker, we can go all the way down the line in looking at all of
the diseases that exist; we can look at all of these different issues.
And we know that there are some who have talked about the idea that we
may not be providing the same kind of increase for the National
Institutes of Health that have been provided in the past. Since 1994 we
have doubled the level of spending for expenditures for the National
Institutes of Health, and the gentleman from Ohio (Chairman Regula) has
very appropriately said that with large Federal bureaucracies, it takes
a while to absorb many of these resources that are provided. So while
my friend from Rochester talked about the fact that we should be
increasing funds for this and this and this and this, all of these
issues, which are obviously priorities and are a concern to all of us,
we have to recognize that within the structure that is there today, we
have got to allow these resources that have been increased dramatically
over the past several years, as I said, since we won the majority,
doubled at the National Institutes of Health, we have to allow it to be
absorbed. That is why I think when I talked about reforms earlier, that
is the kind of thing that the gentleman from Ohio (Mr. Regula) is
pursuing in his measure.
So, Mr. Speaker, as the gentlewoman from Ohio (Ms. Pryce) said, we
are going to hear a lot of rhetoric as the debate begins on this
measure. There are going to be a lot of people who will try to paint
those of us who are supporting the very important work of this
committee as being less than concerned about those who are in need.
Nothing could be further from the truth. We are doing it responsibly,
we are doing it within the fiscal constraints that have been set
forward, and we are doing it with a great deal of compassion.
So I urge my colleagues to support this rule and to support the very
important measure that the gentleman from Ohio (Mr. Regula) has worked
so hard on.
Ms. SLAUGHTER. Mr. Speaker, I yield myself 1 minute.
I am afraid my good friend, the chairman of the Committee on Rules,
did not pay very much attention to what I was saying. I do not recall
at any point saying that we would like to add more money. What we were
talking about were the extraordinary cuts that have been taken to
programs that people have learned to really rely on. It has always been
the basic tenet of this government that we want to make sure that
everybody has the opportunity to rise equally, have an opportunity to
have good education, have the opportunity to enjoy good health.
What we have done in this measure, and I continue to say that the
reason the resources are not there are because of the tax cuts, is that
we are taking away the rights of many children to go to Head Start, to
get a good education that we want them to have; we are taking away
their SCHIP program, which provides health insurance for them, and what
is very disturbing, too, is that the elderly have already taken hits.
Mr. DREIER. Mr. Speaker, will the gentlewoman yield?
Ms. SLAUGHTER. I yield to the gentleman from California.

{time} 1615

Mr. DREIER. Mr. Speaker, I thank the gentlewoman for yielding.
Mr. Speaker, I would say, I know as I see the chairman of the
subcommittee here, this view that somehow Draconian cuts are going to
take place that jeopardize the opportunity for people to be in the Head
Start program dealing with SCHIP and a wide range of things I believe
is a real stretch. Let us look at this bill, which I believe is going
to pass and be successful, and I believe it is a measure that will, in
fact, meet those very important needs that are out there.
Ms. SLAUGHTER. Mr. Speaker, I yield myself 30 seconds.
The gentleman from California (Mr. Dreier) better hope for that
because otherwise America will be pretty disappointed to find that they
have been left behind, not just the children but the elderly, the
middle class, all the rest of them, and certainly the unemployed.
Mr. Speaker, I yield 6 minutes to the gentleman from Wisconsin (Mr.
Obey).
Mr. OBEY. Mr. Speaker, we have heard a lot of rewriting of history in
the last hour or so. I want to make one thing clear, if House
Republicans had their way and if we had passed the bills which
originally passed the House under Republican leadership the last 5
years, instead of increasing education funding by $19 billion over that
6-year period, we would have decreased it by $15 billion. That is the
bottom line summary of the facts.
Now, let me get to the problem with this rule. Over the last 2 years,
Congress has provided more than $2 trillion in tax cuts; a huge
percentage of those tax cuts have been targeted to the top 1 percent of
earners in this country. The majority party has pretended that there
are no consequences and no cost to those tax cuts. Well, there are.
First of all, every single dollar is paid for with borrowed money. That
means that for the fiscal year in which this bill is going to be
effective, we will pay $26 billion more in interest. That makes no
sense. For less than half of that, you could fix every appropriations
bill that we are going to pass.
Consequence number two of the trillions of dollars in tax cuts is
that there is no money left on the table except table scraps to deal
with the problems of Medicare, to deal with the problems of
prescription drugs, and to deal with other needed investments.
Of the 13 appropriations bills that will come before the House this
year, this is the bill that contains most of the funds for those needed
investments. And I think we need to take a look at what is happening to
this bill because this is the bill that demonstrates where the chickens
come home to roost because of the cost of the outlandish tax packages
that this House has passed.
Now, in order to get moderate Republican votes for the original
budget resolution, the Republican majority in this House promised that
they would provide significant funding for title I and special
education in order to get the votes of those moderates. So they
promised that they would raise that funding to a very high level. The
problem is that for title I we have a bill today which is almost $400
million below that funding level. And for special education we have a
bill which is $1.2 trillion, below the amount promised in the
Republicans' own budget resolution. So it is apparent that what
happened is that they could not afford both to pay for their tax cuts
and keep their promises on education, so they are breaking their
promises on education.
Secondly, the President said when we passed No Child Left Behind,
``no more money until we reform the programs.'' So we reform the
programs. I voted for those reforms. And guess what? The check is not
in the mail. The money now is not coming. This bill is going to be $8
billion for education below the amount that was promised for the
funding scheduled for No Child Left Behind. In addition, this bill
contains a number of other problems. It brings the 5-year progress that
we have had in doubling NIH to a halt.
You ask the people who are going to contract cancer, Parkinson's, Lou
Gehrig's disease, MS, you ask them this year whether they think an
$88,000 tax cut for a millionaire is more important than continuing our
efforts to double again NIH medical research. I know the answer you
will get because they are in my office every day begging for help.
In addition to that problem, if you take a look at some of the other
problems, this committee cuts LIHEAP, the low-income heating assistance
program, by $200 million below the President's budget and below last
year. It cuts 3 million congregate meals for senior citizens under the
Old Americans Act. It adds 200,000 people to the backlog that the
Social Security Agency will experience in trying to meet disability
claims, for instance. And it comes up $400 million dollars short, well,
I have already said $400 million short, in basic title I programs.
The problem with this House and the problem with this rule is that if
this rule is adopted, nobody in the House can fix the problems in the
bill that I

[[Page H6400]]

have just described because the rule locks us in to past decisions on
tax cuts, and it says, ``Sorry, boys and girls, you cannot do a blessed
thing about it except fiddle around the edges.''
So, Mr. Speaker, I am going to ask people to vote ``no'' on the
previous question. If it goes down, I will offer two amendments, one
would close the gap between No Child Left Behind and other education
funding. It would raise $5 billion in additional funding for education
for needed funds for health care, and I would offer a second amendment
which would provide $2.9 billion in increases by increasing every
State's share that they receive from the Federal Government under
Medicaid so that we can guarantee that not a single poor child will be
tossed off the Medicaid or SCHIP rolls in any State of the Union.
The budget process has been managed in a way that is trying to hide
the impact of those tax cuts on education, on health care, on workers.
This amendment reestablishes those linkages for all to see. In a
democracy, you should not hide from your choices. You should make them
quite clear. What a vote for this rule will do is to lock in the
decision that we have made to have our kids pay for tax cuts for
millionaires. That is a lousy choice. Anybody who makes it ought to be
ashamed of themselves.
Ms. PRYCE of Ohio. Mr. Speaker, I yield 4 minutes to the gentleman
from the State of Florida (Mr. Foley).
Mr. FOLEY. Mr. Speaker, I thank the gentlewoman for yielding me time.
I thank the gentleman from Ohio (Mr. Regula) and the gentleman from
Florida (Chairman Young) who have worked and labored over this bill for
quite some time. I want to thank them for their dedication to a number
of key principles in this bill; but I first must take some exception
because it seems no matter what we are talking about on this floor, it
is always not enough. There is never enough provided for the bills that
they would like to pass on to the taxpayers.
We keep hearing about deficits, and I know they know a lot about
deficits on the other side because for 40 years they rolled the
deficits up to a $5.7 trillion mortgage on America's future. We talk
about giving some tax relief to American taxpayers, but we have a
disconnect because we talk in this Capitol like it is our money rather
than theirs.
Now, the first case of anthrax and the first death of anthrax
happened in my county, in Palm Beach County, JFK Medical Center. So I
know firsthand the efforts our local public health officials and the
CDC and others had in grappling with this emerging concern and
epidemic, at least at that time, a concern that panicked many
Americans. And thanks to the gentleman from Ohio (Mr. Regula) and this
committee, they have added substantially to the budgets for the Centers
for Disease Control, for Community Health Centers, for the National
Institutes of Health. In almost every one category we look at,
significant and substantial increases in every category. Monies for
special education grants, more money for title I. Prioritizing Reading
First fully funds the program at the requested level of $1.15 billion.
Improving teacher quality. It is not about how many teachers we have.
It is the quality of those teaching. My father was a teacher and
principal in the public school systems, so I know a little bit of what
I speak. And when I see the improvements to help teachers grapple with
the ever-changing dynamics, we are particularly proud of the fact that
this bill does, in fact, have increased funding. Yes, an increase of 4
percent from fiscal year 2003.
Now, I guess if the other side had their choice, it would be 20
percent; and we would pass the bill on to those same taxpayers that
they are seeming so critically concerned about when it comes to deficit
spending. If you are in college and you have a Pell grant, we are
maintaining that level at the highest maximum grant in the program's
history. Infectious diseases, enhances CDC resources for preventing and
controlling emerging infectious diseases. Threats such as SARS, West
Nile Virus and monkey pox; 24 million of new, additional dollars in
that category alone. Homeland security, bio-defense program supported
at $1.625 billion dollars in NIH. Ryan White increase of $24 million
for a total funding of $2 billion.
How can anyone say this bill does not meet the test of time? Faith-
based and community initiatives increasing the compassion capital fund
at $50 million, and mentoring children of prisoners at $25 million.
Abstinence education, which is important.
So as we scan the bill and as people listen to our voices, I hope
they will not be dissuaded by some of the harsh rhetoric. Yes, we are
having some tax relief for taxpayers. We are, in fact, having a chance
to give those very hardworking Americans a chance to make their ends
meets, to pay their bills, to be able to spend on their families. I do
not think that there is anything wrong with a firefighter and a teacher
who work side by side, husband and wife, who are raising kids, to have
a little bit of tax relief. In fact, I do not hear anybody from the
other side of the aisle offering to rebate their tax funds to the
Treasury. I think it is fair to help balance the budget. I think it is
fair to help fund programs that are important to America. I think it is
important to give tax relief to American families.
I think we can do it all. This is not about single choices. This is
about balancing our priorities and our needs. This bill, the full
committee bill on Labor-HHS and Education does that dramatically, does
it efficiently, does it effectively, and provides for the kind of
programs that I think Americans have long come to expect of their
Federal Government.
Ms. SLAUGHTER. Mr. Speaker, I yield 3 minutes to the gentleman from
Maryland (Mr. Hoyer), the minority whip.
Mr. HOYER. Mr. Speaker, I thank the gentlewoman for yielding me time.
I would ask my friend from Florida to read the administration's
position on the bill where they say, and I unfortunately do not have
the time to read, insufficient funding. We fear that we cannot fully
carry out the administration's request. We believe that Pell grants are
underfunded. We believe that five or six or seven or eight programs are
underfunded.
That is the administration, that is not us, asking that more money be
spent.
Mr. Speaker, today the Republican Party might as well admit when the
television cameras are on and the press and American people are
watching, it says one thing, but then as soon as the photo
opportunities are over, it says another. This Labor-HHS-Education
appropriations bill is an unmitigated betrayal of the bipartisan
commitment to education in the No Child Left Behind Act. This bill
falls $8 billion short of the funding authorized in that act signed by
President Bush, congratulated by President Bush, and promised by
President Bush to America and to the States, an increase that after
inflation is tantamount to a funding freeze.
Just 2 months ago in the conference report on the Republican budget,
this Republican majority promised a $3 billion increase for the
Department of Education. That is not what we said we ought to spend.
That is what you said you ought to spend. Today, it has underfunded
that commitment by $700 million on the promise they made 90 days ago,
the smallest percentage increase in 8 years. Just 2 months ago, this
Republican majority promised to increase IDEA funding by $2.2 billion.
Today it would provide less than half of that promise made less than 3
months ago.

{time} 1630

This Republican majority promised to increase title I by $1 billion.
Today, it would provide $334 million less than promised.
This bill abandons the commitments to the No Child Left Behind Act.
It cuts low-income heating assistance, slashes unemployment programs,
and breaks our commitment to face the nursing shortage.
The majority's refusal to allow the gentleman from Wisconsin (Mr.
Obey) to offer two amendments tells us precisely where its priorities
lie. It lies with America's millionaires, not the millions of children
that will be left behind by the failure on this bill.
They would give a tax cut, the Obey amendment, hear me now, the Obey
amendment would give a tax cut for people making more than $1 million a
year of $44,000. That is more than over half of what Americans make in
a year. That is what the Obey amendment

[[Page H6401]]

would do, give them a $44,000 tax cut instead of $88,000.
Let us put our priorities where our hearts are said to be. Vote
against this rule. Vote against this bill.
Ms. PRYCE of Ohio. Mr. Speaker, we reserve our time on this side for
the time being.
Ms. SLAUGHTER. Mr. Speaker, I yield 2 minutes to the gentleman from
Massachusetts (Mr. McGovern).
Mr. McGOVERN. Mr. Speaker, I rise in opposition to this rule and in
opposition to the Labor-HHS-Education appropriations bill.
This bill shortchanges the American people in so many ways it is
difficult to keep track of them all: the No Child Left Behind Act, $8
billion short; the Individuals With Disabilities Act, $1.2 billion
short. It cuts LIHEAP funding below $200 million this year. It freezes
the Maternal and Child Health Block Grant and the Childhood
Immunization Program. It cuts health professions funding, money used to
train doctors and nurses, by $30 million.
When our States are being forced to cut their education budgets, this
bill freezes the maximum Pell grant and all other forms of Federal
student financial aid.
What are we doing here, Mr. Speaker? I will tell my colleagues what
this bill is going to do to Massachusetts. The children of
Massachusetts will lose over $130 million in title I grants for what
was promised in the No Child Left Behind Act. Children with
disabilities in Massachusetts will lose over $29 million in IDEA grants
below what was promised. Massachusetts will lose $6.3 million in
teacher quality grants. UMass Memorial Healthcare will lose millions of
dollars that the hospital uses to train doctors who serve in low-income
areas, and the children of military personnel based in Massachusetts
will lose $4.8 million in Impact Aid.
But the majority seems to have little concern for the children of
Massachusetts or their hardworking parents or for the children and
families of our country, and children around the world are not treated
much better. This bill will cut the International Labor Affairs funding
from $147 million to $12 million. The only purpose of that office is to
help end the abuse of child labor around the world.
It is too bad that the children in my district and the children
across the country and the children around the world do not make
millions of dollars in dividend income. If they did, the Republicans
would find the money to take care of them.
Mr. Speaker, this appropriations bill is a scandal, and our children
deserve much more than a list of broken promises. I urge my colleagues
to vote ``no'' on the previous question, to give the gentleman from
Wisconsin (Mr. Obey) the opportunity to fix this mess. If that fails, I
urge a ``no'' vote on the rule and a ``no'' vote on the bill.
Ms. SLAUGHTER. Mr. Speaker, I yield 4\1/2\ minutes to the gentleman
from Massachusetts (Mr. Frank).
Mr. FRANK of Massachusetts. Mr. Speaker, I am always glad to be
present at the annual exhibit of inconsistency on the Republican side.
When we talk about this bill, first of all, they denounce us for
claiming that additional funding is important in showing we support
programs. They then go on to brag about how much additional funding
they have provided for the programs.
I must say I sometimes do agree that simply throwing money at
problems is not necessarily a good idea. I just wish I was not one of
the only few Members who thought that yesterday when we did $400
billion in about 3 minutes for the Defense Department, not all of which
is exquisitely well spent.
Here, as I said, they brag about how much they spend and then try to
denigrate spending as a measure. Dollars are not some totem. They are a
measure of resources, and the dollars we make available are the
resources we are making available.
As was pointed out previously, it is the Bush administration that is
disappointed in many aspects of this bill, and I am quoting them
directly. I am reading the statement of administration policy. There is
six disappointeds, eight underfundeds and a lot of other negative
words, but here is the one that I think most impressive to those
advertisers of compassion on the other side.
The committee reduced the administration's request for the Social
Security Administration by $168 million. Without these resources, SSA
may not be able to reverse the steady increase in the backlog of
disability claims.
Understand what the Bush administration has said. Vote for this bill
and we will almost certainly increase the backlog of our disabled
fellow citizens who cannot get money on which to live. Yeah, I think
more money would be a good thing here. I agree with the administration.
Let us understand what is at stake here.
The chairman of the Committee on Rules said he congratulated the
chairman of the appropriations subcommittee, who I must say many of us
admire and do not want to get him in trouble by expressing how much we
sympathize with the dilemma that he is in; but revealingly, the
chairman of the Committee on Rules said he credited the chairman of the
appropriations subcommittee for agreeing to abide by these constraints.
Good for him, he agreed to abide by these constraints.
Let us technically point out, and I love the gentleman, I know what
pressure he is under, but he voted for these constraints he is abiding
by. They talked about the Federal budget as if it had descended from
the sky, the House budget resolution; and somehow these wonderful
people in the House who would really love to help not build up the
backlog on disability found themselves constrained by this thing called
the budget. Apparently it came in a horror movie, stepped off the
screen and it constrained them. They voted for it. They imposed this
restriction on themselves, and that is the game we are playing.
We have the Republican majority first say in the specifics that they
are for a lot of programs. Then to pay for the tax cut, what happens is
this, they go to these constituencies and tell them how much they
support these programs. They then give into ideological pressure and
vote for very large tax cuts while we are fighting two wars.
Now, the notion that we can finance two wars with three tax cuts has
not previously been known in human history; but having done that, they
are now unable to fund the programs that they told people they loved.
So what do they do? They pass a tax cut. Then they pass a rule which
does not allow them to consider the tax cut when they vote to underfund
the programs. This is a perfect example of tying their own hands.
It is what I have called before the reverse Houdini. Unlike Houdini,
who was tied in knots and had as his act getting out of the knots, my
Republican colleagues, particularly those compassionate ones, tie
themselves in knots and then their public act is to say, boy, would I
love to help you if I was not tied up in these knots. Well, it is the
tax cut that keeps you from funding Social Security so that you do not
get the build-up in disability that the President talks about. It is
the tax cut that you voted for.
What we are asking for is let us do priorities. Let us not have the
tax cut done months ago, a budget done months ago, and now act as if
those things which you voted for and you gave us are somehow acts of
God that bind us. Let us reopen this and let us deal as rational human
beings. Let us put on the one side Social Security disability and the
other important programs, Downs Syndrome, et cetera; and let us put on
this side the tax cut for the rich, and let us make rational decisions
about which is more important.
Ms. PRYCE of Ohio. Mr. Speaker, may I inquire as to the time
remaining.
The SPEAKER pro tempore (Mr. Bass). The gentlewoman from Ohio (Ms.
Pryce) has 12\1/2\ minutes remaining. The gentlewoman from New York
(Ms. Slaughter) has 6\1/2\ minutes remaining.
Ms. PRYCE of Ohio. Mr. Speaker, I reserve the balance of my time.
Ms. SLAUGHTER. Mr. Speaker, I yield 1 minute to the gentlewoman from
California (Mrs. Tauscher).
Mrs. TAUSCHER. Mr. Speaker, I thank the gentlewoman for yielding me
the time.
Mr. Speaker, the funding level in the Labor-HHS-Education
appropriations bill is woefully insufficient. It fails to meet the
needs of school, and our children will end up paying the price. While
the majority has talked again

[[Page H6402]]

and again about reforming and improving education, they have not
provided the funds to do so.
This bill underfunds Impact Aid for school districts that are serving
our military families in this country by $583 million that are required
by the No Child Left Behind Act. It is irresponsible to take credit for
passing the No Child Left Behind Act, but then refuse to provide the
money to fund the programs, especially to the level that Congress and
the President committed to just 2 years ago.
There are thousands of men and women from my district at Travis Air
Force Base who deserve to have better schools for their children while
they are fighting in Operation Iraqi Freedom. They deserve a top-notch
education for their kids.
I urge my colleagues to oppose the rule for the Labor-HHS-Education
appropriations bill and demand that we fully fund Impact Aid.
Ms. PRYCE of Ohio. Mr. Speaker, I yield 3 minutes to the gentleman
from California (Mr. Cunningham).
Mr. CUNNINGHAM. Mr. Speaker, I am proud of the gentleman from Ohio
(Mr. Regula) and what we have done. These are considerable tough times,
and it is not due to a tax break ``for the rich'' that the left on
every bill states, but you can never spend enough money; but I think we
have done a pretty good job.
If we take a look at, for example, IDEA was mentioned. I was a
subcommittee chairman, and we authorized IDEA when we were in the
minority. The maximum was 6 percent funding that the Democrats ever put
forth for IDEA, 6 percent. We are up to over 18 percent since we have
taken the majority.
Title I, we have increased the funding for title I; and Mr. Speaker,
I sorely resent comments from the left that state that the only thing
we want to do is help the rich.
I am dedicated on education and medical research; and I work very,
very hard in that direction. What I am upset at, the money that we
raise for California not only in formula but for the additional funds
that we are sending California for title I, Governor Gray Davis is
taking the additional money that we sent to California and putting it
in county mental health. He has taken away the money.
When they talk about tax rates for the rich, in 1993, when they had
the majority, they taxed the middle class when they said they would
not, and they said well, only Democrats voted for that, no Republicans.
Why did Republicans not vote for that tax increase? They cut military
COLAs, which they demagogue every day on this floor. They cut veterans
COLAs, which they demagogue. They increased the tax on Social Security,
and they took every dime out of the Social Security trust fund, and
they taxed the middle class the highest tax ever, which also hurt the
military. There is no occasion they want tax relief. They always want a
tax increase for additional spending and big government programs.
New York cost $200 billion just to rebuild. That does not include $83
billion just in lost revenue; and then we look at the airline industry,
we look at the hotel industry, we look at the stock market and what has
happened. Yes, there is depreciation of funds along with the war on
terrorism. Maybe we can take the money back from New York and fund all
these programs. I do not want to do that because they needed that
money, but for that other side and the left to come out and say that
Republicans only care about the rich, it hurts because they know it is
not true, but it is political gamesmanship before an election.
Ms. SLAUGHTER. Mr. Speaker, I yield 1 minute to the gentleman from
Wisconsin (Mr. Obey).
Mr. OBEY. Mr. Speaker, I just want to correct something the gentleman
just said.
The fact is, going all the way back to 1978, there has never been a
year when the Democratically controlled Congress provided a federal
contribution for IDEA less than 7\1/2\ percent. In fact, in 1979 it was
12\1/2\ percent; in 1983, 9\1/2\ percent.
The fact is everybody understands, this is the same Republican
majority that tried to eliminate the Department of Education, that
tried to shut the government down in order to force deep cuts in
education. They had to be dragged kicking and screaming into supporting
education increases in 5 out of the last 6 years, and now they are
taking credit for the funding increases which the Democrats forced on
them mostly during the Clinton years.
I do not mind them rewriting history, but I certainly hope they do
not expect us to believe it.
Ms. PRYCE of Ohio. Mr. Speaker, I yield 30 seconds to the gentleman
from California (Mr. Cunningham).
Mr. CUNNINGHAM. Mr. Speaker, the maximum amount that the Democrats,
when we were in the minority, ever funded IDEA was 6 percent.
Regardless of the percentage that they increased it, the total amount
was 6 percent. We are up to 18 percent. Do not try and rewrite history.

{time} 1645

Ms. SLAUGHTER. Mr. Speaker, I yield 1 minute to the gentlewoman from
California (Ms. Pelosi), the minority leader.
Ms. PELOSI. Mr. Speaker, I thank the gentlewoman for yielding me this
time and for her leadership in managing the rule on this very difficult
bill.
Mr. Speaker, I rise in strong opposition to the previous question and
to making the Obey amendment in order. I thank the gentleman from
Wisconsin (Mr. Obey) for his great leadership for America's children
and families and for his giving us an opportunity today to reverse a
decision that the Republican leadership has made that is detrimental to
those children and those families.
I do this with great regret, Mr. Speaker, because I have the deepest
admiration, and he knows it, for the chairman of the subcommittee, the
gentleman from Ohio (Mr. Regula). I had the privilege of serving under
his leadership on the committee and watched him in action for a number
of years. I know that his priorities are in the right place.
Unfortunately, the priorities of this bill are not in the right place.
And how could they be when the Republicans in the weeks leading up to
now have bled, have starved the budget of the resources to meet the
needs of America's children.
The previous speaker said, oh, you never have enough money. This is
not about endless money. This is about money promised by President Bush
in the Leave No Child Behind bill. Instead, the legislation that will
come before us under this rule, if this rule passes, would leave
millions of children behind because of the $8 billion shortfall in the
President's own Leave No Child Behind bill.
We see here a continuation of the pattern of the credibility gap, of
the rhetoric, versus the harsh realities of the budget, and those
realities are made all the more harsh because of the tax cut. The
gentleman from Wisconsin gives us an opportunity this afternoon to
correct the situation, somewhat.
The Obey amendment would simply say that if you make $1 million a
year, your tax cut will be $44,000 a year instead of $88,000 a year.
That is an additional tax cut. With that money, we can put around $5
billion into the Labor-HHS bill and help to redress some of the
shortfalls contained herein, and also help with children's health in
addition to the education provisions.
Earlier today, the Democratic staff of the Committee on
Appropriations in our office put forth a report, which I hope that
everyone will take advantage of, which is entitled GOP Funding Bill
Shortchanges America's Children by Underfunding Key Education
Priorities. Instead of giving $88,000 and instead giving $44,000 to
those making $1 million a year, we can instead fund the following
programs. And let me just talk about how the GOP shortchanges children,
and then we can talk about redressing it.
The Republican Labor-HHS bill cuts education for America's children
by a total of $9.2 billion below the levels authorized by the
President's No Child Left Behind Act and the IDEA Reauthorization Act,
with the key highlights as follows: IDEA, funding for children with
special needs. Parents, children, school districts, teachers, anyone
concerned about education throughout the country are crying out for the
Federal Government to keep its promises to children with special needs.
As a result of this bill, America's children with disabilities will
lose

[[Page H6403]]

$1.2 billion in IDEA grants below the level promised in the Republican
IDEA Reauthorization Act. In their own bill. The rhetoric, the reality,
the harsh credibility gap.
Shortchanging after-school learning opportunities. As a result of the
GOP bill, America's children will lose $750 million in after-school
program funding below the level called for in the No Child Left Behind
bill, the President's own No Child Left Behind bill.

Failing to fund highly qualified teachers in every classroom. Under
the bill, America's teachers will lose $350 million in teacher quality
grants below the level called for in the President's No Child Left
Behind bill. It goes on and on and on.
Sadly, as my colleague, the gentlewoman from California (Ms.
Tauscher), mentioned, as a result of this bill, America's children will
lose $583 million in Impact Aid grants below the level authorized. And
this is for children of military personnel, another blow to military
personnel and their children. As you know, they do not make enough and
are unworthy of the expanded tax credit, but that is another bill,
another day. Part of the pattern, however.
The list goes on and on about how the GOP funding bill shortchanges
children in America, and we have it broken down State by State for
those who are interested in this information. So I thank the gentleman
from Wisconsin for giving us an opportunity to correct some of that.
But this is tragic.
Education does more for our economy, educating American people, early
childhood, K through 12, higher education, postgrad, lifetime learning
for our workers does more for our economy than any tax cut, tax credit,
tax gimmick, tax break that you can name. It returns more money to the
Treasury than anything you can name. It is more dynamic, to use the
Republican word in budgeting, than any initiative you can name. It is
also not only good for our economy, it is fundamental to our democracy
to have an informed population, an educated population. It is good for
our international competitiveness as well. But most of all, it is
important to the self-fulfillment of our children.
And so we have a series of broken promises that the Obey amendment
would correct. This is a defining vote for the Republican Party. If
they vote for this bill, then all the statements that they make
claiming to support education are simply unreal. Republicans cannot
proclaim their commitment to our Nation's schools and then withhold
their support for funding to the level that the President has in his
own bills. They cannot tell our children and parents, we care about
schools, and then watch our decaying classrooms fill with greater
numbers of unprepared children.
Kids are so smart. You cannot tell children that education is
important to their self-fulfillment and to their lives and to their
livelihood later in life, you cannot tell them it is important that
they should place a value on it if we do not place a value on it.
Children get a mixed message when they hear us say it is important, but
not important enough for us to give you the smaller classes, indeed the
smaller schools that all the scientific evidence says is good for you;
that we do not give you the schools that are wired for the future; the
after-school programs, the qualified teachers, the funding for
disadvantaged children and the funding for children with disabilities.
If it is important, then it should be important in our spending
priorities as well as in our investments.
Just 3 months ago the Republican budget resolution promised $1
billion for Title I, but the bill on the floor today falls $334 million
short of this promise, denying quality instruction to 140,000
disadvantaged schoolchildren. The Republican budget resolution also
promised a $2 billion increase for special education, but this
appropriation bill, as I mentioned earlier, provides $1 billion, a 55
percent discrepancy between what they promised and what they propose to
deliver. The Obey amendment provides the full amount promised in the
budget resolution for both Title I and special education.
This is a great bill, usually. This is a great opportunity. In our
service on that committee, anyone who ever served there always called
this the people's bill. It dealt with Labor, Health and Human Services,
and Education. It is lamb-eat-lamb. There is no place to go get money
in the bill to correct some of the mistakes in it, because everything
in the bill is good. And under these circumstances, everything is being
starved, so you have to put additional funding in the bill.
The gentleman from Wisconsin has given us a way to do that. Without
his correction, we are stuck. We are stuck with a bad bill that is
underfunded, leading to underinvestment in our children's education.
And in terms of other aspects of the bill, in terms of health,
patients and advocates for cancer, diabetes, Alzheimer's and AIDS have
all been clear: We must strongly support increased research at the
National Institutes of Health. The fruits of medical research are truly
miraculous. Despite this proven record of success and the opportunity
to fund vital research, the Republican bill provides the smallest
increase for NIH in more than 15 years. The only amendment provides
substantially more funding to advance the science that is helping us
find cures.
Mr. Speaker, in conclusion, I want to say that the Obey amendment
helps Republicans keep their own promises and takes advantage of
important opportunities to help the American people. The Republican
leadership should be thanking the gentleman from Wisconsin. They should
be thanking him. Instead, they will not even allow a vote on his
proposal. What are they afraid of? Are they afraid that they are going
to have to shrink one of their big tax cuts in order to invest in
America's children? Probably.
I urge my colleagues to vote ``no'' on the previous question and vote
to support the Obey amendment.
Ms. PRYCE of Ohio. Mr. Speaker, I yield 1 additional minute to the
gentleman from California (Mr. Cunningham).
Mr. CUNNINGHAM. Mr. Speaker, it is almost laughable. The gentlewoman
from California talks about Republicans cutting education. Well, we
have increased education higher than they ever did.
Mr. Speaker, they cannot stand it. The Republicans have taken over
the issue of education and prescription drugs, and they just cannot
stand it. It is killing them.
The gentlewoman talks about the poor military. In 1993, the
gentlewoman from California voted to cut military COLAs when they were
on food stamps. She voted to cut veterans' COLAs. She voted to increase
the tax on Social Security and take the money out of the Social
Security Trust Fund. The gentlewoman from California's highest rating
on defense is 36 percent. Her average is 16 percent. Sixteen percent.
I would say to the gentlewoman from California, if she is so
interested in helping the military, two-thirds of a military bill is
pay and allowances.
Ms. SLAUGHTER. Mr. Speaker, I yield 30 seconds to the gentlewoman
from California (Ms. Pelosi) for a response.
Ms. PELOSI. Mr. Speaker, I said the other night in the debate on
Medicare that on this floor of the House people can misrepresent the
facts, and that is okay; but if you call them on it, you can be
questioned on questioning the veracity of your colleague.
Well, I seriously not only question the veracity of my colleague, I
challenge him, because I have voted for every defense bill practically
since I have been here. And the gentleman from Pennsylvania (Mr.
Murtha), my colleague, can testify to that, as can all of the chairmen
of the Committee on Appropriations Subcommittee on Defense. So either
the gentleman knows not of what he speaks, or he seriously is
misrepresenting the facts.
Ms. PRYCE of Ohio. Mr. Speaker, I am most pleased to yield such time
as he may consume to the gentleman from Ohio (Mr. Regula), my
distinguished colleague, the dean of the Ohio delegation, and the
chairman of the Subcommittee on Labor, Health and Human Services, who
has done such great work to bring this bill to the floor of the House.

{time} 1700

Mr. REGULA. Mr. Speaker, I want to say to the gentlewoman from
California (Ms. Pelosi) that she made two statements I agree with. She
said this is a good bill, perhaps not as much as

[[Page H6404]]

they would like, but it is good given the constraints we have; and,
secondly, education is a high priority. We agree it is a high priority,
so much so in the last 8 years we have doubled the money that went to
education, and we have tripled the money for the special needs
children. Members need to keep that in mind.
Also, keep in mind we are not debating a tax bill. That is behind us.
That was a Committee on Ways and Means issue. We are debating a bill
within the budget constraints given to us, an allocation which is about
$138 billion. We have tried, and I want to say that the minority
members as well as the majority members had input in trying to allocate
the priorities and the resources in the best possible way.
Now, we have heard about the letter from the administration, and I
understand that because the administration has priorities that are
somewhat different than the Members of this House. But if I read the
Constitution correctly, the House of Representatives has the
responsibility for setting policy, not executing it, but setting it. So
if there is some difference, it is because we reflect 435 Members'
priorities and 280 million people. This literally is the people's
House. As such, in this bill we have tried to reflect the things that
are important to the people of this Nation given the constraints.
I want to say for the gentleman from Florida (Mr. Young), the
gentleman worked diligently to get some additional funding so we could
meet the needs of the people of this Nation. I think we should not lose
sight of that. This is a good bill. I hope all Members between now and
tomorrow will familiarize themselves with what is in this bill. A
``no'' vote will be a vote for $1 billion less for special needs
children. A ``no'' vote will be a vote against $680 million give or
take for education. A ``no'' vote will be a reduction in impact aid,
and on and on. It will be a reduction in an amount for NIH.
Let me point out that it was this Republican majority that doubled
the NIH budget over a period of 5 years. They have the highest number
of projects, research projects, ever in history, something like 34,000
grants that have been made to do research on the medical health of this
Nation. Let us remember that a lot of good things were done. This bill
does have hope, and it has compassion; and that is our responsibility,
to give the people of America hope that there will be better things
ahead, and it does, and that we have compassion.
I do not want to debate totally the bill tonight, we will have plenty
of time for that tomorrow, but I just point out that our colleagues
both on the majority and the minority side will familiarize themselves
with what this bill does. We tried to be fair and I think the minority
members of the subcommittee will agree that every opportunity was made
to have witnesses and hear testimony from all aspects of America. If
Members could sit in the hearing room and see the row of wheelchairs
and needs of kids, we have tried to address that. We probably had more
hearings than any other subcommittee because we are trying to represent
the problems that challenge 280 million Americans, whether it is health
care, whether it is people who have lost their job and want an
opportunity to get some new skills, or whether it is the education
needs of our young people. I think we have reflected that. It is the
people's bill.
Mr. Speaker, I would point out again that we have doubled education
in the last 8 years. We have tripled the money that goes to special
needs. We have increased the commitment to math and science. We have
heard a lot about that, that we need more math and science teachers;
and we have addressed that in the bill. We have addressed the fact that
we need more highly skilled teachers in the classroom. We all can see
that classroom teachers can make a world of difference. We have
recognized that in the bill that is before Members.
I would point out that in terms of NIH, we have recognized their
needs. Actually, a lot of construction is taking place out there, so we
have focused resources, given a 6 percent increase in program funding,
which is an important element to ensure that the requests that come to
NIH for research can be met. That is why we have the greatest number of
research projects going on right now in the history of NIH. That is a
tribute to the Republican leadership in doubling the budget of NIH.
The Centers for Disease Control, we put substantial increases there
because that agency has a special responsibility in terms of homeland
security; and they are addressing it, and they recognize that
infectious diseases are a real threat to this Nation. A former Senator
said at a breakfast I was at that the greatest threat is bioterrorism,
and we have tried to recognize that by giving CDC a substantial
increase in funding. CDC is the watchdog in the sense that they are
always looking out to keep these things away from America's shores and
to give help to others.
One of the things that we are trying to do with this bill is to
streamline the health care delivery system. We have said let us make it
seamless, every way from CDC to the local State health agencies to the
local agencies so if there is a problem in a community, there is an
immediate response all the way to CDC. Again, we are putting a
protection in place for the health of American citizens.
As far as job training, in this bill we increase the amount that goes
to the Department of Labor to help the communities across the Nation
have job training programs so they will be able to help those that are
displaced because of imports, because of a shifting consumer market in
products, again a recognition of the needs of people. This really is a
people's bill. This really is a fair balance. I do not think that it is
partisan. I think in constructing this we took the $138 billion that
were available and said what can we do in the fairest possible way to
meet the needs of education, health research and to meet the needs of
those who need job retraining. I hope Members in the minority will look
at what is in this bill and realize how valuable it is to the American
people, and they will think twice before they vote against all of these
programs that are very important to the people of this Nation.
Ms. SLAUGHTER. Mr. Speaker, I yield to the gentleman from Wisconsin
(Mr. Obey) for a unanimous consent request.
(Mr. OBEY asked and was given permission to revise and extend his
remarks, and to insert tabular material.)
Ms. SLAUGHTER. Mr. Speaker, I yield myself such time as I may
consume.
Mr. Speaker, we have a rather strange procedure going on here. We are
going to be called in to vote on the previous question on one rule and
on the rule for legislative branch. I do not know in what order, but I
want to give a little talk about this.
First, I want to urge Members to vote ``no'' on the previous question
on the HHS bill. If that previous question is defeated, I will offer an
amendment to the rule that will make in order the Obey substitute to
restore funding for the numerous programs which have been shortchanged
in this bill. It will also make in order the Obey amendment to restore
cuts to States for their child health care programs under Medicaid and
SCHIP. Both of these amendments were submitted to the Committee on
Rules last night and rejected by the majority.
H.R. 2660 provides funding for some of our most vital services,
services that touch the lives of every American family, from education
to preschoolers, from low-income families to college tuition
assistance, to Meals on Wheels for the elderly and medical research;
and as critical as they are, we have drastically underfunded them in
this bill. The Obey substitute will help restore some of the
desperately needed funds.
The second Obey amendment will help financially strapped States
provide child health care to the uninsured children. The cost of both
of the amendments will be offset by reducing the 2004 tax cuts for
those with incomes in excess of $1 million, cutting their tax break
from $88,000 to $44,000. We believe the millionaires can spare a few
dollars to help restore the funding.
Whether or not Members are Republicans or Democrats, they should be
concerned about the lack of an adequate funding for the critical
programs and services in this bill. Virtually every American is
affected by this bill, whether it is health care, education, medical
research for the elderly, LIHEAP, so on. The Obey amendments

[[Page H6405]]

would help fix the terrible funding deficiencies in the bill and help
States provide health care to children who are not covered by health
insurance. Again, they would do so with no additional cost to the
deficit.
I urge Members on both sides of the aisle to vote ``no'' on the
previous question. A ``no'' vote will not stop the House from taking up
the Labor-HHS-Education appropriations bill, but a ``yes'' vote will
prevent the House from considering the important amendments. Please
vote ``no'' on the previous question.
Mr. Speaker, I need to explain that we have another vote coming up on
another appropriations bill. That is the rule for the Legislative
Branch Appropriations Act, which we hope will come first. We are not
certain. We are urging a ``yes'' vote on that rule so that Members can
go on record of voting to self-execute out the language that was put
into the bill by unknown persons or persons unknown which would expand
dental and vision coverage for Members and employees of the House.
Again, we urge a ``yes'' vote on that to go on record to self-execute
that, and a ``no'' vote on the previous question, which we believe will
be called first.
I ask unanimous consent that the text of the amendments be printed in
the Record immediately prior to the vote on the previous question.
The SPEAKER pro tempore (Mr. Sweeney). Is there objection to the
request of the gentlewoman from New York?
There was no objection.
Ms. PRYCE of Ohio. Mr. Speaker, I yield myself such time as I may
consume.
Mr. Speaker, in closing, this really is the Hope Act. This bill will
provide the needed funding to supply people with new skills and new
opportunities, hope for a better job. It will lay the groundwork for
new medical cures, hope for the gift of life, and it will provide for
stronger schools and a better education, hope for a brighter future.
The message is clear and our commitment is unwavering. Quality
education and health care, safe work environments and secure jobs,
these are our goals and are reflected in this funding package. I urge
my colleagues to support this open rule and adopt this important
legislation.
The material previously referred to by Ms. Slaughter is as follows:

Previous Question for H. Res. 312--Rule on H.R. 2660

Fiscal Year 2004 Labor/HHS/Education Appropriations

At the end of the resolution, add the following:
Sec. 2. Notwithstanding any other provision of this
resolution, the amendments printed in section 3 shall be in
order without intervention of any point of order and before
any other amendment if offered by Representative Obey of
Wisconsin or a designee. The amendments are not subject to
amendment except for pro forma amendments or to a demand for
a division of the question in the committee of the whole or
in the House.
Sec. 3. The amendments referred to in section 2 are as
follows:

Amendment in the Nature of a Substitute to H.R.--, as Reported (Labor,
HHS, and Education Appropriations, 2004) Offered by Mr. Obey of
Wisconsin

Strike all after the enacting clause and insert the
following:

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

Community Service Employment for Older Americans

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

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,
subchapters B and D, chapter 2, title II of the Trade Act of
1974, as amended (including the benefits and services
described under sections 123(c)(2) and 151(b) and (c) of the
Trade Adjustment Assistance Reform Act of 2002 (Public Law
107-210)), $1,338,200,000, together with such amounts as may
be necessary to be charged to the subsequent appropriation
for payments for any period subsequent to September 15 of the
current year.

State Unemployment Insurance and Employment Service Operations

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

[[Page H6406]]

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
$56,503,000, 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 Pension and Welfare Benefits
Administration, $128,605,000.

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 through September
30, 2004, for such Corporation: Provided, That none of the
funds available to the Corporation for fiscal year 2004 shall
be available for obligations for administrative expenses in
excess of $228,772,000: Provided further, That obligations in
excess of such amount may be incurred after approval by the
Office of Management and Budget and the Committees on
Appropriations of the House and the Senate.

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

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, 2002, shall
remain available until expended for the payment of
compensation, benefits, and expenses: Provided further, That
in addition there shall be transferred to this appropriation
from the Postal Service and from any other corporation or
instrumentality required under section 8147(c) of title 5,
United States Code, to pay an amount for its fair share of
the cost of administration, such sums as the Secretary
determines to be the cost of administration for employees of
such fair share entities through September 30, 2004: Provided
further, That of those funds transferred to this account from
the fair share entities to pay the cost of administration of
the Federal Employees' Compensation Act, $39,315,000 shall be
made available to the Secretary as follows: (1) for
enhancement and maintenance of the automated data processing
systems and telecommunications systems, $11,618,000; (2) for
automated workload processing operations, including document
imaging, centralized mail intake, and medical bill
processing, $14,496,000; (3) for periodic roll management and
medical review, $13,210,000; and (4) the remaining funds
shall be paid into the Treasury as miscellaneous receipts:
Provided further, That the Secretary may require that any
person filing a notice of injury or a claim for benefits
under chapter 81 of title 5, United States Code, or 33 U.S.C.
901 et seq., provide as part of such notice and claim, such
identifying information (including Social Security account
number) as such regulations may prescribe.

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 payments to individuals under title IV of the Act,
for costs incurred in the current fiscal year, such amounts
as may be necessary.
For making benefit payments under title IV of the Act for
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, $462,356,000, including not to exceed
$91,747,000 which shall be the maximum amount available for
grants to States under section 23(g) of the Occupational
Safety and Health Act (the ``Act''), which grants shall be no
less than 50 percent of the costs of State occupational
safety and health programs required to be incurred under
plans approved by the Secretary under section 18 of the Act;
and, in addition, notwithstanding 31 U.S.C. 3302, the
Occupational Safety and Health Administration may retain up
to $750,000 per fiscal year of training institute course
tuition fees, otherwise authorized by law to be collected,
and may utilize such sums for occupational safety and health
training and education grants: Provided, That,
notwithstanding 31 U.S.C. 3302, the Secretary of Labor is
authorized, during the fiscal year ending September 30, 2004,
to collect and retain fees for services provided to

[[Page H6407]]

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, 2004 to September 30, 2005, 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, $276,826,000, including purchase and bestowal
of certificates and trophies in connection with mine rescue
and first-aid work, and the hire of passenger motor vehicles;
including up to $1,000,000 for mine rescue and recovery
activities, which shall be available only to the extent that
fiscal year 2004 obligations for these activities exceed
$1,000,000; in addition, not to exceed $750,000 may be
collected by the National Mine Health and Safety Academy for
room, board, tuition, and the sale of training materials,
otherwise authorized by law to be collected, to be available
for mine safety and health education and training activities,
notwithstanding 31 U.S.C. 3302; and, in addition, the Mine
Safety and Health Administration may retain up to $1,000,000
from fees collected for the approval and certification of
equipment, materials, and explosives for use in mines, and
may utilize such sums for such activities; the Secretary is
authorized to accept lands, buildings, equipment, and other
contributions from public and private sources and to
prosecute projects in cooperation with other agencies,
Federal, State, or private; the Mine Safety and Health
Administration is authorized to promote health and safety
education and training in the mining community through
cooperative programs with States, industry, and safety
associations; and any funds available to the department may
be used, with the approval of the Secretary, to provide for
the costs of mine rescue and survival operations in the event
of a major disaster.

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,
$442,547,000, together with not to exceed $75,110,000, which
may be expended from the Employment Security Administration
Account in the Unemployment Trust Fund; and $2,570,000 which
shall be available for obligation for the period July 1, 2004
through September 30, 2004, for Occupational Employment
Statistics, and $5,400,000 to 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, of which the funds designated
to carry out bilateral assistance under the international
child labor initiative shall be available for obligation
through September 30, 2005, 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; $387,801,000; together with not to
exceed $317,000, which may be expended from the Employment
Security Administration Account in the Unemployment Trust
Fund: Provided, That no funds made available by this Act may
be used by the Solicitor of Labor to participate in a review
in any United States court of appeals of any decision made by
the Benefits Review Board under section 21 of the Longshore
and Harbor Workers' Compensation Act (33 U.S.C. 921) where
such participation is precluded by the decision of the United
States Supreme Court in Director, Office of Workers'
Compensation Programs v. Newport News Shipbuilding, 115 S.
Ct. 1278 (1995), notwithstanding any provisions to the
contrary contained in Rule 15 of the Federal Rules of
Appellate Procedure: Provided further, That no funds made
available by this Act may be used by the Secretary of Labor
to review a decision under the Longshore and Harbor Workers'
Compensation Act (33 U.S.C. 901 et seq.) that has been
appealed and that has been pending before the Benefits Review
Board for more than 12 months: Provided further, That any
such decision pending a review by the Benefits Review Board
for more than 1 year shall be considered affirmed by the
Benefits Review Board on the 1-year anniversary of the filing
of the appeal, and shall be considered the final order of the
Board for purposes of obtaining a review in the United States
courts of appeals: Provided further, That these provisions
shall not be applicable to the review or appeal of any
decision issued under the Black Lung Benefits Act (30 U.S.C.
901 et seq.).

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. 4100-4110A, 4212, 4214, and 4321-4327, and Public Law
103-353, and which shall be available for obligation by the
States through December 31, 2004, of which $2,000,000 is for
the National Veterans' Employment and Training Services
Institute. To carry out the Homeless Veterans Reintegration
Programs (38 U.S.C. 2021) and the Veterans Workforce
Investment Programs (29 U.S.C. 2913), $26,550,000, of which
$7,550,000 shall be available for obligation for the period
July 1, 2004 through June 30, 2005.

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, $57,000,000, together with
not to exceed $5,899,000, 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, $18,000,000.

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.
This title may be cited as the ``Department of Labor
Appropriations Act, 2004''.

[[Page H6408]]

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, and sections 1128E, 711, and 1820 of the Social Security
Act, the Health Care Quality Improvement Act of 1986, as
amended, the Native Hawaiian Health Care Act of 1988, as
amended, the Cardiac Arrest Survival Act of 2000, and the
Poison Control Center Enhancement and Awareness Act,
$6,639,413,000, of which $39,740,000 from general revenues,
notwithstanding section 1820(j) of the Social Security Act,
shall be available for carrying out the Medicare rural
hospital flexibility grants program under section 1820 of
such Act: Provided, That of the funds made available under
this heading, $248,000 shall be available until expended for
facilities renovations at the Gillis W. Long Hansen's Disease
Center: Provided further, That in addition to fees authorized
by section 427(b) of the Health Care Quality Improvement Act
of 1986, fees shall be collected for the full disclosure of
information under the Act sufficient to recover the full
costs of operating the National Practitioner Data Bank, and
shall remain available until expended to carry out that Act:
Provided further, That fees collected for the full disclosure
of information under the ``Health Care Fraud and Abuse Data
Collection Program'', authorized by section 1128E(d)(2) of
the Social Security Act, shall be sufficient to recover the
full costs of operating the program, and shall remain
available until expended to carry out that Act: Provided
further, That no more than $45,000,000 is available for
carrying out the provisions of Public Law 104-73: Provided
further, That of the funds made available under this heading,
$273,350,000 shall be for the program under title X of the
Public Health Service Act to provide for voluntary family
planning projects: Provided further, That amounts provided to
said projects under such title shall not be expended for
abortions, that all pregnancy counseling shall be
nondirective, and that such amounts shall not be expended for
any activity (including the publication or distribution of
literature) that in any way tends to promote public support
or opposition to any legislative proposal or candidate for
public office: Provided further, That $785,759,000 shall be
for State AIDS Drug Assistance Programs authorized by section
2616 of the Public Health Service Act: Provided further,
That, notwithstanding section 502(a)(1) of the Social
Security Act, not to exceed $117,831,000 is available for
carrying out special projects of regional and national
significance pursuant to section 501(a)(2) of such Act:
Provided further, That $65,000,000 is available for special
projects of regional and national significance under section
501(a)(2) of the Social Security Act, which shall not be
counted toward compliance with the allocation required in
section 502(a)(1) of such Act, and which shall be used only
for making competitive grants to provide abstinence education
(as defined in section 510(b)(2) of such Act) to adolescents
and for evaluations (including longitudinal evaluations) of
activities under the grants and for Federal costs of
administering the grants: Provided further, That grants under
the immediately preceding proviso shall be made only to
public and private entities which agree that, with respect to
an adolescent to whom the entities provide abstinence
education under such grant, the entities will not provide to
that adolescent any other education regarding sexual conduct,
except that, in the case of an entity expressly required by
law to provide health information or services the adolescent
shall not be precluded from seeking health information or
services from the entity in a different setting than the
setting in which the abstinence education was provided:
Provided further, That the funds expended for such
evaluations may not exceed 3.5 percent of such amount.

Health Education Assistance Loans Program Account

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

Vaccine Injury Compensation Program Trust Fund

For payments from the Vaccine Injury Compensation Program
Trust Fund, such sums as may be necessary for claims
associated with vaccine-related injury or death with respect
to vaccines administered after September 30, 1988, pursuant
to subtitle 2 of title XXI of the Public Health Service Act,
to remain available until expended: Provided, That for
necessary administrative expenses, not to exceed $3,472,000
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 hire, maintenance, and operation of aircraft,
$4,803,927,000, of which $206,000,000 shall remain available
until expended for equipment, and construction and renovation
of facilities, and of which $293,763,000 for international
HIV/AIDS shall remain available until September 30, 2005,
including not less than $150,000,000, to remain available
until expended, for the ``International Mother and Child HIV
Prevention Initiative'', and in addition, such sums as may be
derived from authorized user fees, which shall be credited to
this account: Provided, That in addition to amounts provided
herein, $13,226,000 shall be available from amounts available
under section 241 of the Public Health Service Act to carry
out the National Center for Health Statistics surveys:
Provided further, That none of the funds made available for
injury prevention and control at the Centers for Disease
Control and Prevention may be used, in whole or in part, to
advocate or promote gun control: Provided further, That the
Director may redirect the total amount made available under
authority of Public Law 101-502, section 3, dated November 3,
1990, to activities the Director may so designate: Provided
further, That the Congress is to be notified promptly of any
such transfer: Provided further, That not to exceed
$17,500,000 may be available for making grants under section
1509 of the Public Health Service Act to not more than 20
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, $4,816,568,000.

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, $2,930,136,000.

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,
$389,780,000.

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, $1,701,959,000.

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, $1,527,588,000.

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, $4,340,707,000: Provided, That $100,000,000 may be
made available to International Assistance Programs, ``Global
Fund to Fight HIV/AIDS, Malaria, and Tuberculosis'', to
remain available until expended.

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,
$1,937,179,000.

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, $1,264,806,000.

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, $664,061,000.

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, $644,229,000.

National Institute on Aging

For carrying out section 301 and title IV of the Public
Health Service Act with respect to aging, $1,042,110,000.

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, $509,879,000.

National Institute on Deafness and Other Communication Disorders

For carrying out section 301 and title IV of the Public
Health Service Act with respect

[[Page H6409]]

to deafness and other communication disorders, $388,465,000.

National Institute of Nursing Research

For carrying out section 301 and title IV of the Public
Health Service Act with respect to nursing research,
$136,959,000.

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, $436,364,000.

National Institute on Drug Abuse

For carrying out section 301 and title IV of the Public
Health Service Act with respect to drug abuse,
$1,008,676,000.

National Institute of Mental Health

For carrying out section 301 and title IV of the Public
Health Service Act with respect to mental health,
$1,406,489,000.

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,
$487,698,000.

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, $291,866,000.

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, $1,176,402,000: 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 $123,154,000 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, $118,944,000.

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, $194,781,000.

John E. Fogarty International Center

For carrying out the activities at the John E. Fogarty
International Center, $66,563,000.

National Library of Medicine

For carrying out section 301 and title IV of the Public
Health Service Act with respect to health information
communications, $323,390,000, 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.

Office of the Director

(including transfer of funds)

For carrying out the responsibilities of the Office of the
Director, National Institutes of Health, $453,743,000:
Provided, That funding shall be available for the purchase of
not to exceed 29 passenger motor vehicles for replacement
only: Provided further, That the Director may direct up to 1
percent of the total amount made available in this or any
other Act to all National Institutes of Health appropriations
to activities the Director may so designate: Provided
further, That no such appropriation shall be decreased by
more than 1 percent by any such transfers and that the
Congress is promptly notified of the transfer: Provided
further, That the National Institutes of Health is authorized
to collect third party payments for the cost of clinical
services that are incurred in National Institutes of Health
research facilities and that such payments shall be credited
to the National Institutes of Health Management Fund:
Provided further, That all funds credited to the National
Institutes of Health Management Fund shall remain available
for 1 fiscal year after the fiscal year in which they are
deposited: Provided further, That up to $500,000 shall be
available to carry out section 499 of the Public Health
Service Act.

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, $216,300,000, to remain available until
expended.

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,
$3,375,400,000: Provided, 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, $130,892,197,000, 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
$2,698,025,000, to be transferred from the Federal Hospital
Insurance and the Federal Supplementary Medical Insurance
Trust Funds, as authorized by section 201(g) of the Social
Security Act; together with all funds collected in accordance
with section 353 of the Public Health Service Act and section
1857(e)(2) of the Social Security Act, and such sums as may
be collected from authorized user fees and the sale of data,
which shall remain available until expended, and together
with administrative fees collected relative to Medicare
overpayment recovery activities, which shall remain available
until expended: Provided, That all funds derived in
accordance with 31 U.S.C. 9701 from organizations established
under title XIII of the Public Health Service Act shall be
credited to and available for carrying out the purposes of
this appropriation: Provided further, That $65,000,000, to
remain available until September 30, 2005, is for contract
costs for the CMS Systems Revitalization Plan: Provided
further, That $56,991,000, to remain available until
September 30, 2005, is for contract costs for the Healthcare
Integrated General Ledger Accounting System: Provided
further, That not less than $129,000,000 shall be for
processing Medicare appeals: Provided further, That the
Secretary of Health and Human Services is directed to collect
fees in fiscal year 2004 from Medicare+Choice organizations
pursuant to section 1857(e)(2) of the Social Security Act and
from eligible organizations with risk-sharing contracts under
section 1876 of that Act pursuant to section 1876(k)(4)(D) of
that Act.

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),
$3,292,970,000, to remain available until expended; and for
such purposes for the first quarter of fiscal year 2005,
$1,200,000,000, to remain available until expended.
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.

[[Page H6410]]

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, $2,250,000,000.

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), and for carrying
out section 5 of the Torture Victims Relief Act of 1998
(Public Law 105-320), $461,853,000, of which up to
$10,000,000 is available to carry out the Trafficking Victims
Protection Act of 2000 (Public Law 106-386, div. A):
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.

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), $2,200,000,000 shall be
used to supplement, not supplant State general revenue funds
for child care assistance for low-income families: Provided,
That $19,120,000 shall be available for child care resource
and referral and school-aged child care activities, of which
$1,000,000 shall be for the Child Care Aware toll free
hotline: Provided further, That, in addition to the amounts
required to be reserved by the States under section 658G,
$272,672,000 shall be reserved by the States for activities
authorized under section 658G, of which $100,000,000 shall be
for activities that improve the quality of infant and toddler
care: Provided further, That $9,864,000 shall be for use by
the Secretary for child care research, demonstration, and
evaluation activities.

Social Services Block Grant

For making grants to States pursuant to section 2002 of the
Social Security Act, $1,700,000,000: Provided, That
notwithstanding subparagraph (B) of section 404(d)(2) of such
Act, the applicable percent specified under such subparagraph
for a State to carry out State programs pursuant to title XX
of such Act shall be 10 percent.

disabled voter services

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

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, 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, $8,742,968,000, of
which $43,000,000, to remain available until September 30,
2005, shall be for grants to States for adoption incentive
payments, as authorized by section 473A of title IV of the
Social Security Act (42 U.S.C. 670-679) and may be made for
adoptions completed in fiscal years 2001 and 2002; 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 $735,860,000 shall be for making payments
under the Community Services Block Grant Act: Provided, That
not less than $7,250,000 shall be for section 680(3)(B) of
the Community Services Block Grant Act, as amended: Provided
further, That 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 $88,043,000 shall be for activities
authorized by the Runaway and Homeless Youth Act,
notwithstanding the allocation requirements of section 388(a)
of such Act, of which $26,413,000 is for the transitional
living program: Provided further, That $35,000,000 is for a
compassion capital fund to provide grants to charitable
organizations to emulate model social service programs and to
encourage research on the best practices of social service
organizations.

Promoting Safe and Stable Families

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

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, $1,449,495,000, of which
$5,000,000 shall be available for activities regarding
medication management, screening, and education to prevent
incorrect medication and adverse drug reactions; and of which
$2,842,000 shall remain available until September 30, 2006,
for the White House Conference on Aging.

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, $343,284,000, together with $5,813,000
to be transferred and expended as authorized by section
201(g)(1) of the Social Security Act from the Hospital
Insurance Trust Fund and the Supplemental Medical Insurance
Trust Fund: Provided, That of the funds made available under
this heading for carrying out title XX of the Public Health
Service Act, $11,885,000 shall be for activities specified
under section 2004(b)(2), of which $10,157,000 shall be for
prevention service demonstration grants under section
510(b)(2) of title V of the Social Security Act, as amended,
without application of the limitation of section 2010(c) of
said title XX: Provided further, That of this amount,
$49,675,000 is for minority AIDS prevention and treatment
activities; $18,400,000 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.

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,
$2,483,000: Provided, That in addition to amounts provided
herein, $18,000,000 shall be available from amounts available
under section 241 of the Public Health Service Act to carry
out

[[Page H6411]]

national health or human services research and evaluation
activities: Provided further, That the expenditure of any
funds available under section 241 of the Public Health
Service Act are subject to the requirements of section 205 of
this Act.

Retirement Pay and Medical Benefits for Commissioned Officers

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

public health and social services emergency fund

For expenses necessary to support activities related to
countering potential biological, disease and chemical threats
to civilian populations, $1,896,846,000: Provided, That this
amount is distributed as follows: Centers for Disease Control
and Prevention, $1,286,156,000; Office of the Secretary,
$64,820,000; and Health Resources and Services
Administration; $545,870,000; Provided further, That at the
discretion of the Secretary, 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.
In addition, for activities to ensure a year-round
influenza vaccine production capacity and the development and
implementation of rapidly expandable influenza vaccine
production technologies, $100,000,000, to remain available
until expended.

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 1.25 percent, of any amounts
appropriated for programs authorized under said Act shall be
made available for the evaluation (directly, or by grants or
contracts) of the implementation and effectiveness of such
programs.

(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. (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. 214. In order for the Centers for Disease Control and
Prevention to carry out international health activities,
including HIV/AIDS and other infectious disease, chronic and
environmental disease, and other health activities abroad
during fiscal year 2004, the Secretary of Health and Human
Services is authorized to provide such funds by advance or
reimbursement to the Secretary of State as may be necessary
to pay the costs of acquisition, lease, alteration,
renovation, and management of facilities outside of the
United States for the use of the Department of Health and
Human Services. The Department of State shall cooperate fully
with the Secretary of Health

[[Page H6412]]

and Human Services to ensure that the Department of Health
and Human Services has secure, safe, functional facilities
that comply with applicable regulation governing location,
setback, and other facilities requirements and serve the
purposes established by this Act. The Secretary of Health and
Human Services is authorized, in consultation with the
Secretary of State, through grant or cooperative agreement,
to make available to public or nonprofit private institutions
or agencies in participating foreign countries, funds to
acquire, lease, alter, or renovate facilities in those
countries as necessary to conduct programs of assistance for
international health activities, including activities
relating to HIV/AIDS and other infectious diseases, chronic
and environmental diseases, and other health activities
abroad.
Sec. 215. (a) In addition to the authority provided in
section 214, in order for the Centers for Disease Control and
Prevention to carry out international health activities,
including HIV/AIDS and other infectious disease, chronic and
environmental disease, and other health activities abroad
during fiscal year 2004, the Secretary of Health and Human
Services may exercise authority equivalent to that available
to the Secretary of State in section 2(c) of the State
Department Basic Authorities Act of 1956 (22 U.S.C. 2669(c)).
(b) The Secretary of Health and Human Services shall
consult with the Secretary of State and relevant Chief of
Mission to ensure that the authority provided in this section
is 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.
Sec. 216. The Division of Federal Occupational Health may
utilize personal services contracting to employ professional
management/administrative and occupational health
professionals.
Sec. 217. (a) CMS Program Management Account.--The amount
otherwise provided by this Act for ``Centers for Medicare and
Medicaid Services--Program Management'' is hereby reduced by
$98,000,000.
(b) Medicare Claims Processing Fee.--
(1) In general.--Notwithstanding section 1842(c)(4) of the
Social Security Act, each claim submitted by an individual or
entity furnishing items or services for which payment may be
made under part A or part B of title XVIII of such Act is
subject to a processing fee of $2.50 if the claim--
(A) duplicates, in whole or in part, another claim
submitted by the same individual or entity; or
(B) is a claim that cannot be processed and must be
returned by the medicare claims processing contractor
involved to the individual or entity for completion or
correction.
(2) Deduction and transfer.--The Secretary of Health and
Human Services shall deduct any fees assessed pursuant to
paragraph (1) against an individual or entity from amounts
otherwise payable from a trust fund under such title to such
individual or entity, and shall transfer the amount so
deducted from such trust fund to the Program Management
account of the Centers for Medicare & Medicaid Services.
(3) Availability.--Fees collected under this subsection
shall remain available until expended. Such fees shall be
available for obligation in a fiscal year only in the amount
specified in the appropriation Act for such fiscal year.
(4) Waiver authority.--The Secretary of Health and Human
Services may provide for waiver of fees for claims described
in paragraph (2) in cases of such compelling circumstances as
the Secretary may determine.
(5) Exclusion of fees in allowable costs.--An entity may
not include a fee assessed pursuant to this subsection as an
allowable item on a cost report under the Social Security
Act.
(6) Effective date.--This subsection shall apply to claims
referred to in paragraph (1) submitted on or after a date,
specified by the Secretary of Health and Human Services, that
is not later than 3 months after the date of the enactment of
this Act.
Sec. 218. The amount appropriated in this Act for ``Centers
for Disease Control and Prevention--Disease Control,
Research, and Training'' is hereby reduced by $49,982,000, to
be derived from the amounts made available for administrative
and related information technology expenses: Provided, That
the Director of the Centers for Disease Control and
Prevention shall determine the allocation of the reduction
among Agency activities, and shall submit to the Committees
on Appropriations a report specifying the proposed
allocation.
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, $14,841,311,000, of which
$7,277,510,000 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 $7,607,282,000
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 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
$1,920,239,000 shall be available for targeted grants under
section 1125: Provided further, That $1,791,759,000 shall be
available for education finance incentive grants under
section 1125A: Provided further, That $235,000,000 shall be
available for comprehensive school reform grants under part F
of the ESEA: Provided further, That from the $9,500,000
available to carry out part E of title I, up to $1,000,000
shall be available to the Secretary of Education to provide
technical assistance to State and local educational agencies
concerning part A of title I.

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,
$1,403,324,000, of which $1,192,000,000 shall be for basic
support payments under section 8003(b), $66,668,000 shall be
for payments for children with disabilities under section
8003(d), $54,708,000 shall be for construction under section
8007 and shall remain available through September 30, 2005,
$72,000,000 shall be for Federal property payments under
section 8002, and $17,948,000, to remain available until
expended, shall be for facilities maintenance under section
8008.

School Improvement Programs

For carrying out school improvement activities authorized
by title II, part B of title IV, part A and subpart 6 of part
D of title V, parts A and B of title VI, and parts B and C of
title VII of the Elementary and Secondary Education Act of
1965 (``ESEA''); part B of title II of the Higher Education
Act; the McKinney-Vento Homeless Assistance Act; and the
Civil Rights Act of 1964, $6,141,812,000, of which
$4,490,947,000 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 C of title VII of the ESEA may be used for
construction: Provided further, 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 $390,000,000 shall be for subpart l of part A of title
VI of the ESEA: Provided further, That no funds appropriated
under this heading may be used to carry out section 5494 of
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 and
section 1504 of title I, parts A, C, and D of title II, and
parts B, C, and D of title V of the Elementary and Secondary
Education Act of 1965, $807,959,000: Provided, That
$74,513,000, to become available on July 1, 2004 and remain
available through September 30, 2005, for continuing and new
grants to demonstrate effective approaches to comprehensive
school reform shall be allocated and expended in the same
manner as the funds provided under the Fund for the
Improvement of Education for this purpose were allocated and
expended in fiscal year 2003: Provided further, That up to
$1,500,000 of the funds provided under the Advanced
Credentialling program may be reserved by the Secretary to
conduct an evaluation of the program.

Safe Schools and Citizenship Education

For carrying out civic and physical education activities,
safe and drug-free schools and communities programs, and
partnerships in character education programs, authorized by
subpart 3 of part C of title II, part A of title IV, and
subparts 2, 3, and 10 of part D of title V of the Elementary
and Secondary Education Act of 1965 (``ESEA''), $820,068,000,
of which $138,949,000 shall become available on July 1, 2004
and remain available through September 30, 2005, and of which
$330,000,000 shall become available on October 1, 2004 and
shall remain available through September 30, 2005 for the
academic year 2004-2005: Provided, That $468,949,000 shall be
available for subpart 1 of part A of title IV and
$155,180,000 shall be available for subpart 2 of part A of
title IV, of which $4,968,000, to remain available until
expended, shall be for the Project School Emergency Response
to Violence program to provide education-related services to
local educational agencies in which the learning environment
has been disrupted due to a violent or traumatic crisis:
Provided further, That of the amount made available for
subpart 3 of part C of title II of the ESEA, up to
$12,000,000 may be used to carry out section 2345 of the ESEA
and $3,000,000 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.

English Language Acquisition

For carrying out title III, part A of the Elementary and
Secondary Education Act of

[[Page H6413]]

1965, $750,000,000, of which $626,258,000 shall become
available on July 1, 2004, and shall remain available through
September 30, 2005.

Special Education

For carrying out the Individuals with Disabilities
Education Act, $12,249,790,000, of which $6,890,762,000 shall
become available for obligation on July 1, 2004, and shall
remain available through September 30, 2005, and of which
$5,072,000,000 shall become available on October 1, 2004, and
shall remain available through September 30, 2005, for
academic year 2004-2005: Provided, That $11,400,000 shall be
for Recording for the Blind and Dyslexic to support the
development, production, and circulation of recorded
educational materials: Provided further, That $1,490,000
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,
$2,999,165,000: 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.

Special Institutions for Persons With Disabilities

american printing house for the blind

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

national technical institute for the deaf

For the National Technical Institute for the Deaf under
titles I and II of the Education of the Deaf Act of 1986 (20
U.S.C. 4301 et seq.), $53,867,000, of which $367,000 shall be
for construction and shall remain 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.),
$100,600,000: Provided, That from the total amount available,
the University may at its discretion use funds for the
endowment program as authorized under section 207.

Vocational and Adult Education

For carrying out, to the extent not otherwise provided, the
Carl D. Perkins Vocational and Applied Technology Education
Act, the Adult Education and Family Literacy Act, and subpart
4 of part D of title V of the Elementary and Secondary
Education Act of 1965 (``ESEA''), $2,094,475,000, of which
$1,294,725,000 shall become available on July 1, 2004 and
shall remain available through September 30, 2005 and of
which $791,000,000 shall become available on October 1, 2004
and shall remain available through September 30, 2005:
Provided, That of the amount provided for Adult Education
State Grants, $70,000,000 shall be made available for
integrated English literacy and civics education services to
immigrants and other limited English proficient populations:
Provided further, That of the amount reserved for integrated
English literacy and civics education, notwithstanding
section 211 of the Adult Education and Family Literacy Act,
65 percent shall be allocated to States based on a State's
absolute need as determined by calculating each State's share
of a 10-year average of the Immigration and Naturalization
Service data for immigrants admitted for legal permanent
residence for the 10 most recent years, and 35 percent
allocated to States that experienced growth as measured by
the average of the 3 most recent years for which Immigration
and Naturalization Service data for immigrants admitted for
legal permanent residence are available, except that no State
shall be allocated an amount less than $60,000: Provided
further, That of the amounts made available for the Adult
Education and Family Literacy Act, $9,438,000 shall be for
national leadership activities under section 243 and
$6,517,000 shall be for the National Institute for Literacy
under section 242: Provided further, That $175,000,000 shall
be available to support the activities authorized under
subpart 4 of part D of title V of the ESEA, of which up to 5
percent shall become available October 1, 2003, for
evaluation, technical assistance, school networking, peer
review of applications, and program outreach activities and
of which not less than 95 percent shall become available on
July 1, 2004, and remain available through September 30,
2005, for grants to local educational agencies: Provided
further, That funds made available to local educational
agencies under this subpart shall be used only for activities
related to establishing smaller learning communities in high
schools.

Student Financial Assistance

For carrying out subparts 1, 3 and 4 of part A, section
428K, part C and part E of title IV of the Higher Education
Act of 1965, as amended, $14,911,432,000, which shall remain
available through September 30, 2005.
The maximum Pell Grant for which a student shall be
eligible during award year 2004-2005 shall be $4,200.

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
1543 of the Higher Education Amendments of 1992, title VIII
of the Higher Education Amendments of 1998, section 117 of
the Carl D. Perkins Vocational and Technical Education Act,
and the Mutual Educational and Cultural Exchange Act of 1961,
$1,985,991,000, of which $2,000,000 for interest subsidies
authorized by section 121 of the HEA, shall remain available
until expended: Provided, That $9,935,000, to remain
available through September 30, 2005, shall be available to
fund fellowships for academic year 2005-2006 under part A,
subpart 1 of title VII of said Act, under the terms and
conditions of part A, subpart 1: Provided further, That
$994,000 is for data collection and evaluation activities for
programs under the HEA, including such activities needed to
comply with the Government Performance and Results Act of
1993: Provided further, That notwithstanding any other
provision of law, funds made available in this Act to carry
out title VI of the HEA and section 102(b)(6) of the Mutual
Educational and Cultural Exchange Act of 1961 may be used to
support visits and study in foreign countries by individuals
who are participating in advanced foreign language training
and international studies in areas that are vital to United
States national security and who plan to apply their language
skills and knowledge of these countries in the fields of
government, the professions, or international development:
Provided further, That up to 1 percent of the funds referred
to in the preceding proviso may be used for program
evaluation, national outreach, and information dissemination
activities: Provided further, 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 Applied Technology Education
Act.

Howard University

For partial support of Howard University (20 U.S.C. 121 et
seq.), $242,770,000, of which not less than $3,600,000 shall
be for a matching endowment grant 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 $357,000,000, and the
cost, as defined in section 502 of the Congressional Budget
Act of 1974, of such bonds shall not exceed zero.
For administrative expenses to carry out the 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, $500,599,000: Provided, That of the amount appropriated,
$185,000,000 shall be available for obligation through
September 30, 2005.

Departmental Management

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, $434,494,000, of which
$13,644,000, to remain available until expended, shall be for
building alterations and related expenses for the relocation
of Department staff to Potomac Center Plaza in Washington,
D.C.

Office for Civil Rights

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

Office of the Inspector General

For expenses necessary for the Office of the Inspector
General, as authorized by section 212 of the Department of
Education Organization Act, $48,137,000.

STUDENT AID ADMINISTRATION

For Federal administrative expenses (in addition to funds
made available under section 458), to carry out part D of
title I, and subparts 1, 3, and 4 of part A, and parts B, C,
D and E of title IV of the Higher Education Act of 1965, as
amended, $120,010,000.

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

[[Page H6414]]

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.
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, $352,836,000:
Provided, That none of the funds made available to the
Corporation for National and Community Service in this Act
for activities authorized by section 122 of part C of title I
and part E of title II of the Domestic Volunteer Service Act
of 1973 shall be used to provide stipends or other monetary
incentives to volunteers or volunteer leaders whose incomes
exceed 125 percent of the national poverty level.

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, $330,000,000: Provided, That no
funds made available to the Corporation for Public
Broadcasting by this Act shall be used to pay for receptions,
parties, or similar forms of entertainment for Government
officials or employees: Provided further, That none of the
funds contained in this paragraph shall be available or used
to aid or support any program or activity from which any
person is excluded, or is denied benefits, or is
discriminated against, on the basis of race, color, national
origin, religion, or sex.
Of the amounts made available to the Corporation for Public
Broadcasting for fiscal year 2004 by Public Law 107-116, up
to $80,000,000 is available for grants associated with the
transition of public broadcasting to digital broadcasting,
including costs related to transmission equipment and program
production, development, and distribution, to be awarded as
determined by the Corporation in consultation with public
radio and television licensees or permittees, or their
designated representatives; and up to $20,000,000 is
available pursuant to section 396(k)(10) of the
Communications Act of 1934, as amended, for replacement and
upgrade of the public television interconnection system:
Provided, That section 396(k)(3) shall apply only to amounts
remaining after allocations made herein.

Federal Mediation and Conciliation Service

Salaries and Expenses

For expenses necessary for the Federal Mediation and
Conciliation Service to carry out the functions vested in it
by the Labor Management Relations Act, 1947 (29 U.S.C. 171-
180, 182-183), including hire of passenger motor vehicles;
for expenses necessary for the Labor-Management Cooperation
Act of 1978 (29 U.S.C. 175a); and for expenses necessary for
the Service to carry out the functions vested in it by the
Civil Service Reform Act, Public Law 95-454 (5 U.S.C. ch.
71), $43,385,000, including $1,500,000, to remain available
through September 30, 2005, for activities authorized by the
Labor-Management Cooperation Act of 1978 (29 U.S.C. 175a):
Provided, That notwithstanding 31 U.S.C. 3302, fees charged,
up to full-cost recovery, for special training activities and
other conflict resolution services and technical assistance,
including those provided to foreign governments and
international organizations, and for arbitration services
shall be credited to and merged with this account, and shall
remain available until expended: Provided further, That fees
for arbitration services shall be available only for
education, training, and professional development of the
agency workforce: Provided further, That the Director of the
Service is authorized to accept and use on behalf of the
United States gifts of services and real, personal, or other
property in the aid of any projects or functions within the
Director's jurisdiction.

Federal Mine Safety and Health Review Commission

Salaries and Expenses

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

Institute of Museum and Library Services

For carrying out the Museum and Library Services Act of
1996, $238,126,000, 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, $2,830,000.

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, $243,073,000: 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), $10,115,000.

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, $101,300,000, to be
derived in such amounts as determined by the Board from the
railroad retirement accounts and from moneys credited to the
railroad unemployment insurance administration fund.

[[Page H6415]]

Limitation on the Office of Inspector General

For expenses necessary for the Office of Inspector General
for audit, investigatory and review activities, as authorized
by the Inspector General Act of 1978, as amended, not more
than $6,600,000, to be derived from the railroad retirement
accounts and railroad 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.

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, $26,221,300,000, to
remain available until expended: Provided, That any portion
of the funds provided to a State in the current fiscal year
and not obligated by the State during that year shall be
returned to the Treasury.
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 $15,000 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.
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 2002 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, $25,000,000, together with not to exceed
$65,000,000, to be transferred and expended as authorized by
section 201(g)(1) of the Social Security Act from the Federal
Old-Age and Survivors Insurance Trust Fund and the Federal
Disability Insurance Trust Fund.
In addition, an amount not to exceed 3 percent of the total
provided in this appropriation may be transferred from the
``Limitation on Administrative Expenses'', Social Security
Administration, to be merged with this account, to be
available for the time and purposes for which this account is
available: Provided, That notice of such transfers shall be
transmitted promptly to the Committees on Appropriations of
the House and Senate.

United States Institute of Peace

Operating Expenses

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

TITLE V--GENERAL PROVISIONS

Sec. 501. The Secretaries of Labor, Health and Human
Services, and Education are authorized to transfer unexpended
balances of prior appropriations to accounts corresponding to
current appropriations provided in this Act: Provided, That
such transferred balances are used for the same purpose, and
for the same periods of time, for which they were originally
appropriated.
Sec. 502. No part of any appropriation contained in this
Act shall remain available for obligation beyond the current
fiscal year unless expressly so provided herein.
Sec. 503. (a) No part of any appropriation contained in
this Act shall be used, other than for normal and recognized
executive-legislative relationships, for publicity or
propaganda purposes, for the preparation, distribution, or
use of any kit, pamphlet, booklet, publication, radio,
television, or video presentation designed to support or
defeat legislation pending before the Congress or any State
legislature, except in presentation to the Congress or any
State legislature itself.
(b) No part of any appropriation contained in this Act
shall be used to pay the salary or expenses of any grant or
contract recipient, or agent acting for such recipient,
related to any activity designed to influence legislation or
appropriations pending before the Congress or any State
legislature.
Sec. 504. The Secretaries of Labor and Education are
authorized to make available not to exceed $28,000 and
$20,000, respectively, from funds available for salaries and
expenses under titles I and III, respectively, for official
reception and representation expenses; the Director of the
Federal Mediation and Conciliation Service is authorized to
make available for official reception and representation
expenses not to exceed $5,000 from the funds available for
``Salaries and expenses, Federal Mediation and Conciliation
Service''; and the Chairman of the National Mediation Board
is authorized to make available for official reception and
representation expenses not to exceed $5,000 from funds
available for ``Salaries and expenses, National Mediation
Board''.
Sec. 505. Notwithstanding any other provision of this Act,
no funds appropriated under this Act shall be used to carry
out any program of distributing sterile needles or syringes
for the hypodermic injection of any illegal drug.
Sec. 506. (a) It is the sense of the Congress that, to the
greatest extent practicable, all equipment and products
purchased with funds made available in this Act should be
American-made.
(b) In providing financial assistance to, or entering into
any contract with, any entity using funds made available in
this Act, the head of each Federal agency, to the greatest
extent practicable, shall provide to such entity a notice
describing the statement made in subsection (a) by the
Congress.
(c) If it has been finally determined by a court or Federal
agency that any person intentionally affixed a label bearing
a ``Made in America'' inscription, or any inscription with
the same meaning, to any product sold in or shipped to the
United States that is not made in the United States, the
person shall be ineligible to receive any contract or
subcontract made with funds made available in this Act,
pursuant to the debarment, suspension, and ineligibility
procedures described in sections 9.400 through 9.409 of title
48, Code of Federal Regulations.
Sec. 507. When issuing statements, press releases, requests
for proposals, bid solicitations and other documents
describing projects or programs funded in whole or in part
with Federal money, all grantees receiving Federal funds
included in this Act, including but not limited to State and
local governments and recipients of Federal research grants,
shall clearly state: (1) the percentage of the total costs of
the program or project which will be financed with Federal
money; (2) the dollar amount of Federal funds for the project
or program; and (3) percentage and dollar amount of the total
costs of the project or program that will be financed by non-
governmental sources.
Sec. 508. (a) None of the funds appropriated under this
Act, and none of the funds in any trust fund to which funds
are appropriated under this Act, shall be expended for any
abortion.
(b) None of the funds appropriated under this Act, and none
of the funds in any trust fund to which funds are
appropriated under this Act, shall be expended for health
benefits coverage that includes coverage of abortion.
(c) The term ``health benefits coverage'' means the package
of services covered by a managed care provider or
organization pursuant to a contract or other arrangement.
Sec. 509. (a) The limitations established in the preceding
section shall not apply to an abortion--
(1) if the pregnancy is the result of an act of rape or
incest; or
(2) in the case where a woman suffers from a physical
disorder, physical injury, or physical illness, including a
life-endangering physical condition caused by or arising from
the pregnancy itself, that would, as certified by a
physician, place the woman in danger of death unless an
abortion is performed.
(b) Nothing in the preceding section shall be construed as
prohibiting the expenditure

[[Page H6416]]

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) Of the total amount appropriated for
``Education for the Disadvantaged'' in title III of the
Departments of Labor, Health and Human Services, and
Education, and Related Agencies Appropriations Act, 2003
(Pub. L. 108-7, div. G)--
(1) the portion becoming available on July 1, 2003, is
hereby increased by $2,244,000,000; and
(2) the portion becoming available on October 1, 2003, is
hereby reduced by $2,244,000,000.
(b) The rescission made by section 601 of the Miscellaneous
Appropriations Act, 2003 (Pub. L. 108-7, div. N) shall not
apply to the amounts of the increase and reduction specified
in this section.
Sec. 516. None of the funds made available by this Act to
carry out the Library Services and Technology Act may be made
available to any library covered by paragraph (1) of section
224(f) of such Act (20 U.S.C. 9134(f)), as amended by the
Children's Internet Protections Act, unless such library has
made the certifications required by paragraph (4) of such
section.
Sec. 517. None of the funds made available by this Act to
carry out part D of title II of the Elementary and Secondary
Education Act of 1965 may be made available to any elementary
or secondary school covered by paragraph (1) of section
2441(a) of such Act (20 U.S.C. 6777(a)), as amended by the
Children's Internet Protections Act and the No Child Left
Behind Act, unless the local educational agency with
responsibility for such covered school has made the
certifications required by paragraph (2) of such section.
Sec. 518. In the case of taxpayers with adjusted gross
income in excess of $1,000,000 for the tax year beginning in
2003, the amount of tax reduction resulting from enactment of
the Jobs and Growth Tax Relief Reconciliation Act of 2003
shall be reduced by 32 percent.
This Act may be cited as the ``Departments of Labor, Health
and Human Services, and Education, and Related Agencies
Appropriations Act, 2004''.
____

Amendment to H.R. --, As Reported Offered By Mr. Obey of Wisconsin

(Amendment to FY 2004 Labor-HHS-Education Appropriations Act)

Add at the end, before the short title, the following new
title:

TITLE VI--MEDICAID ADJUSTMENT FOR STATE MAINTAINING COVERAGE OF
CHILDREN UNDER MEDICAID AND SCHIP

Sec. 601. (a) Notwithstanding any other provision of law,
but subject to subsection (b), the Federal medical assistance
percentage under section 1905(b) of the Social Security Act
(42 U.S.C. 1396d(b)) of a State shall be increased by 1
percentage point for each quarter in fiscal year 2004 if the
standards and methodologies of the State for determining
eligibility for individuals under age 21 during that quarter
both under title XIX of such Act and under the State's child
health insurance plan under title XXI of such Act are no more
restrictive than those in effect in the State on July 1,
2001.
(b) The increase in the Federal medical assistance
percentage shall not apply--
(1) with respect to disproportionate share hospital
payments described in section 1923 of the Social Security
Act;

Ms. PRYCE of Ohio. Mr. Speaker, I yield back the balance of my time,
and I move the previous question on the resolution.
The SPEAKER pro tempore. The question is on ordering the previous
question on the resolution.
The question was taken; and the Speaker pro tempore announced that
the ayes appeared to have it.
Ms. SLAUGHTER. Mr. Speaker, I object to the vote on the ground that a
quorum is not present and make the point of order that a quorum is not
present.
The SPEAKER pro tempore. Evidently a quorum is not present.
The Sergeant at Arms will notify absent Members.
Pursuant to clauses 8 and 9 of rule XX, this 15-minute vote on
ordering the previous question on House Resolution 312 will be followed
by 5-minute votes on:
adopting House Resolution 312, if ordered;
adopting House Resolution 311, as amended;
passing H.R. 438; and
approving the Journal.
The vote was taken by electronic device, and there were--yeas 223,
nays 200, not voting 11, as follows:

[Roll No. 341]

YEAS--223

Aderholt
Akin
Bachus
Baker
Barrett (SC)
Bartlett (MD)
Barton (TX)
Bass
Beauprez
Bereuter
Biggert
Bilirakis
Bishop (UT)
Blackburn
Blunt
Boehlert
Boehner
Bonilla
Bonner
Bono
Boozman
Bradley (NH)
Brady (TX)
Brown (SC)
Brown-Waite, Ginny
Burgess
Burns
Burr
Burton (IN)
Buyer
Calvert
Camp
Cannon
Cantor
Capito
Carter
Castle
Chabot
Chocola
Coble
Cole
Collins
Cox
Crane
Crenshaw
Cubin
Culberson
Cunningham
Davis, Jo Ann
Davis, Tom
Deal (GA)
DeLay
DeMint
Diaz-Balart, L.
Diaz-Balart, M.
Doolittle
Dreier
Duncan
Dunn
Ehlers
Emerson
English
Everett
Feeney
Ferguson
Flake
Fletcher
Foley
Forbes
Franks (AZ)
Frelinghuysen
Gallegly
Garrett (NJ)
Gerlach
Gilchrest
Gillmor
Gingrey
Goode
Goodlatte
Granger
Graves
Green (WI)
Greenwood
Gutknecht
Harris
Hart
Hastings (WA)
Hayes
Hayworth
Hefley
Hensarling
Herger
Hobson
Hoekstra
Hostettler
Houghton
Hulshof
Hunter
Hyde
Isakson
Issa
Istook
Jenkins
Johnson (CT)
Johnson (IL)
Johnson, Sam
Jones (NC)
Keller
Kelly
Kennedy (MN)
King (IA)
King (NY)
Kingston
Kirk
Kline
Knollenberg
Kolbe
LaHood
Latham
LaTourette
Leach
Lewis (CA)
Lewis (KY)
Linder
LoBiondo
Lucas (OK)
Manzullo
McCotter
McCrery
McHugh
McInnis
McKeon
Mica
Miller (FL)
Miller (MI)
Miller, Gary
Moran (KS)
Murphy
Musgrave
Myrick
Nethercutt
Neugebauer
Ney
Northup
Norwood
Nunes
Nussle
Osborne
Ose
Otter
Oxley
Paul
Pearce
Pence
Peterson (PA)
Petri
Pickering
Pitts
Platts
Pombo
Porter
Portman
Pryce (OH)
Putnam
Quinn
Radanovich
Ramstad
Regula
Rehberg
Renzi
Reynolds
Rogers (AL)
Rogers (KY)
Rogers (MI)
Rohrabacher
Ros-Lehtinen
Royce
Ryan (WI)
Ryun (KS)
Saxton
Schrock
Sensenbrenner
Sessions
Shadegg
Shaw
Shays
Sherwood
Shimkus
Shuster
Simmons
Simpson
Smith (MI)
Smith (NJ)
Smith (TX)
Souder
Stearns
Sullivan
Sweeney
Tancredo
Tauzin
Taylor (NC)
Terry
Thomas
Thornberry
Tiahrt
Tiberi
Toomey
Turner (OH)
Upton
Vitter
Walden (OR)
Walsh
Wamp
Weldon (FL)
Weldon (PA)
Weller
Whitfield
Wicker
Wilson (NM)
Wilson (SC)
Wolf
Young (AK)
Young (FL)

[[Page H6417]]

NAYS--200

Abercrombie
Ackerman
Alexander
Allen
Andrews
Baca
Baird
Baldwin
Ballance
Becerra
Bell
Berkley
Berman
Berry
Bishop (GA)
Bishop (NY)
Blumenauer
Boswell
Boucher
Boyd
Brady (PA)
Brown (OH)
Brown, Corrine
Capps
Capuano
Cardin
Cardoza
Carson (IN)
Carson (OK)
Case
Clay
Clyburn
Conyers
Cooper
Costello
Crowley
Cummings
Davis (AL)
Davis (CA)
Davis (FL)
Davis (IL)
Davis (TN)
DeFazio
DeGette
Delahunt
DeLauro
Deutsch
Dicks
Dingell
Doggett
Dooley (CA)
Doyle
Emanuel
Engel
Eshoo
Etheridge
Evans
Farr
Fattah
Filner
Ford
Frank (MA)
Frost
Gonzalez
Gordon
Green (TX)
Grijalva
Gutierrez
Hall
Hastings (FL)
Hill
Hinchey
Hinojosa
Hoeffel
Holden
Holt
Honda
Hooley (OR)
Hoyer
Inslee
Israel
Jackson (IL)
Jackson-Lee (TX)
Jefferson
John
Johnson, E. B.
Jones (OH)
Kanjorski
Kaptur
Kennedy (RI)
Kildee
Kilpatrick
Kind
Kleczka
Kucinich
Lampson
Langevin
Lantos
Larsen (WA)
Larson (CT)
Lee
Levin
Lewis (GA)
Lipinski
Lofgren
Lowey
Lucas (KY)
Lynch
Majette
Maloney
Markey
Marshall
Matheson
Matsui
McCarthy (MO)
McCarthy (NY)
McCollum
McDermott
McGovern
McIntyre
McNulty
Meehan
Meek (FL)
Meeks (NY)
Menendez
Michaud
Miller (NC)
Miller, George
Mollohan
Moore
Moran (VA)
Murtha
Nadler
Napolitano
Neal (MA)
Oberstar
Obey
Olver
Ortiz
Pallone
Pascrell
Pastor
Payne
Pelosi
Peterson (MN)
Pomeroy
Price (NC)
Rahall
Rangel
Reyes
Rodriguez
Ross
Rothman
Roybal-Allard
Ruppersberger
Rush
Ryan (OH)
Sabo
Sanchez, Linda T.
Sanchez, Loretta
Sanders
Sandlin
Schakowsky
Schiff
Scott (GA)
Scott (VA)
Serrano
Sherman
Skelton
Slaughter
Smith (WA)
Snyder
Solis
Spratt
Stark
Stenholm
Strickland
Stupak
Tanner
Tauscher
Taylor (MS)
Thompson (CA)
Thompson (MS)
Tierney
Towns
Turner (TX)
Udall (CO)
Udall (NM)
Van Hollen
Velazquez
Visclosky
Waters
Watson
Watt
Waxman
Weiner
Wexler
Woolsey
Wu
Wynn

NOT VOTING--11

Ballenger
Cramer
Edwards
Fossella
Gephardt
Gibbons
Goss
Harman
Janklow
Millender-McDonald
Owens

Announcement by the Speaker Pro Tempore

The SPEAKER pro tempore (Mr. Sweeney) (during the vote). Members are
advised there are 2 minutes remaining in this vote.

{time} 1739

Mr. BRADY of Pennsylvania, Mrs. DAVIS of California, and Mr. WEINER
changed their vote from ``yea'' to ``nay.''
So the previous question was ordered.
The result of the vote was announced as above recorded.
The SPEAKER pro tempore. The question is on the resolution.
The resolution was agreed to.
A motion to reconsider was laid on the table.
(Mr. OBEY asked and was given permission to speak out of order for 1
minute and to revise and extend his remarks.)

____________________