[Congressional Record Volume 149, Number 101 (Thursday, July 10, 2003)]
[House]
[Pages H6535-H6565]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
DEPARTMENTS OF LABOR, HEALTH AND HUMAN SERVICES, AND EDUCATION, AND
RELATED AGENCIES APPROPRIATIONS ACT, 2004
The SPEAKER pro tempore. Pursuant to House Resolution 312 and rule
XVIII, the Chair declares the House in the Committee of the Whole House
on the State of the Union for the further consideration of the bill,
H.R. 2660.
{time} 1420
In the Committee of the Whole
Accordingly, the House resolved itself into the Committee of the
Whole House on the State of the Union for the further 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,
with Mr. LaTourette in the chair.
The Clerk read the title of the bill.
The CHAIRMAN. When the Committee of the Whole rose earlier today, all
time for general debate had expired.
Pursuant to the order of the House of today, no amendment to the bill
may be offered except:
Pro forma amendments offered by the chairman or the ranking member of
the Committee on Appropriations, the majority leader or the minority
leader, or their designees for the purpose of debate; amendments
printed in the Congressional Record numbered 3, 4, 5 and 8, each of
which shall be debatable for 10 minutes; the amendment printed in the
Congressional Record numbered 6, which shall be debatable for 20
minutes; an amendment by the gentleman from Wisconsin (Mr. Obey)
regarding overtime regulations, which shall be debatable for 30
minutes; an amendment by the gentleman from Wisconsin (Mr. Obey)
regarding SCHIP, which shall be debatable for 10 minutes; an amendment
in the nature of a substitute by the gentleman from Wisconsin (Mr.
Obey), which shall be debatable for 10 minutes; an amendment by the
gentleman from Colorado (Mr. Tancredo) regarding school safety, which
shall be debatable for 10 minutes; an amendment by the gentleman from
Maine (Mr. Allen) regarding title I of the Elementary and Secondary
Education Act, which shall be debatable for 30 minutes; and an
amendment by the gentleman from Pennsylvania (Mr. Toomey) regarding
National Institutes of Health grants, which shall be debatable for 20
minutes.
Each such amendment may be offered only by the Member designated in
the request, or a designee, or the Member who caused it to be printed,
or a designee; shall be considered as read; shall not be subject to
amendment; and shall not be subject to a demand for a division of the
question. Each amendment shall be debatable only for the time specified
equally divided and controlled by the proponent and an opponent. All
points of order against each of the amendments shall be considered as
reserved pending completion of debate thereon; and each of the
amendments may be withdrawn by its proponent after debate thereon.
The Clerk will read.
The Clerk read as follows:
H.R. 2660
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled, 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
Mr. REGULA. Mr. Chairman, I move to strike the last word, and I yield
to the gentleman from Texas (Mr. Bonilla).
Mr. BONILLA. Mr. Chairman, I thank the chairman for yielding. I would
like to take this opportunity to engage in a colloquy with my good
friend from Ohio, but first I would like to compliment the gentleman
from Ohio (Chairman Regula) for the incredible work that he has done,
once again, to put this bill together. He is again, as many have heard
comments from both sides of the aisle today, one of the most respected
and admired leaders in this House, and I am just proud to serve with
him on the Committee on Appropriations.
The chairman has been a leader and a champion of funding for
community health centers for many years now, and I appreciate the time
he has given me on a regular basis to talk about the funding levels
that are necessary to keep this wonderful program running. The chairman
knows that the $122 million that is currently included in the bill is
greatly appreciated. That would bring the fiscal year 2004 total to
$1.627 billion.
However, there is great concern that this would not be enough to
sustain the services at some health care centers, and that, in some
cases, they could be forced to reduce services to existing patients as
costs increase around the country. My purpose is simply to engage the
chairman to ask for his consideration to continue working with us
[[Page H6536]]
to try to increase this number to the level of $225 million.
It is my understanding that Members of the other body are trying to
work toward that goal; and if they are successful, we were hoping that
we could also work in conference down the road to match that level.
This would enable the program to serve 1.7 million additional patients,
many of whom are uninsured. We all have examples from around the
country from our congressional districts. In my case, health centers
serve more than 28,000 people who would otherwise go without this care.
We all have seen firsthand the good work that these great health
centers are doing; and around the country, hundreds of thousands of
Americans who would have no place else to turn are being served by
these great people that work in these health centers.
I would just simply ask the chairman of the subcommittee that he
would continue to work with us throughout this process to ensure that
this program is provided an additional $225 million if at all possible
in the final bill.
Mr. REGULA. Mr. Chairman, I thank the gentleman for his kind words.
We have agreed in the subcommittee that health centers are among our
highest priorities. Since I have become Chair of the committee in 2000,
we have increased this program by $486 million, or nearly 50 percent.
We recognize that in too many cases health centers provide the only
access individuals have to our health care system.
Obviously, the health centers program within appropriated funds
cannot solve all of the overall access problems. Nevertheless, with the
continuing challenges to providing access, we will do our very best
through the remainder of the process and within fiscal restraints to
provide further increases for the program. I certainly will be pleased
to work with the gentleman from Texas to reach that goal.
Mr. BONILLA. Mr. Chairman, if the gentleman will yield, I thank the
gentleman from Ohio. Again, I just want to reiterate my gratitude to
the chairman of the subcommittee for advocating this program and for
his help not only on this issue, but so many others in the bill.
Amendment in the Nature of a Substitute Offered by Mr. Obey
Mr. OBEY. Mr. Chairman, I offer an amendment in the nature of a
substitute.
The CHAIRMAN. The Clerk will designate the amendment in the nature of
a substitute.
The text of the amendment in the nature of a substitute is as
follows:
Amendment in the nature of a substitute offered by Mr.
Obey:
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 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
[[Page H6537]]
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
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
[[Page H6538]]
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''.
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
[[Page H6539]]
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 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.
[[Page H6540]]
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.
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.
[[Page H6541]]
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 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
[[Page H6542]]
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 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
[[Page H6543]]
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 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
[[Page H6544]]
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 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
[[Page H6545]]
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.
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,
[[Page H6546]]
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 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
[[Page H6547]]
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''.
The CHAIRMAN. Points of order are reserved.
Pursuant to the order of the House of today, the gentleman from
Wisconsin (Mr. Obey) and a Member opposed each will control 5 minutes.
The Chair recognizes the gentleman from Wisconsin (Mr. Obey).
Mr. OBEY. Mr. Chairman, I yield myself such time as I may consume,
although I do not intend to take all of the time. I think we have
already had the discussion; we might as well get to the votes just as
quickly as possible. Let me simply explain what this amendment does.
The Republican majority, as I said earlier, made a conscious decision
over the last 2 years to provide $2 trillion in tax cuts, all of which
were paid for with borrowed money; and by doing that, they decided they
were going to put the Congress in a box and the Congress would,
therefore, not be able to adequately fund a number of crucial
investments, including education and health. This bill now is suffering
from the consequences of that action.
What we are trying to do by this amendment is to get the House to
reconsider its decision. The gentleman from Texas said that those of us
on the minority side of the aisle are desirous of raising taxes. This
amendment does not raise taxes.
What we are asking this House to do is to limit the size of the tax
cut for the 200,000 Americans who make more than $1 million a year. We
are asking to limit the size of that tax cut to $44,000 instead of the
$88,000 tax cut that they would otherwise get, so that we can use that
money for the following:
In this amendment, which is one of two, we would simply reduce the
size of that tax cut so that we could put $334 million into this bill
for title I, which is the main education program that tries to help
youngsters who need special help; but to get that help, we provide $334
million more to meet the promises of the Republican Party budget
resolution. It is not our budget resolution; it is the budget
resolution of our friends on the other side of the aisle.
We would also add $1.2 billion to the special education portion of
the bill, again, so that we meet the Republican budget resolution
promise. We would increase the Pell grant maximum grant by a modest
$150 million, or 4 percent over the subcommittee bill. In the health
area, we would provide $73 million of additional funding for community
health centers. We would continue to rebuild the capacity of our public
health system to respond to potential biological or chemical terrorist
attacks. We would provide a 5.5 percent overall increase for NIH for
biomedical research so that we can continue the progress that we have
made on cancer, heart disease, Parkinson's, and many other diseases
that plague mankind.
{time} 1430
We would eliminate the cut of the Low Income Heating Assistance
Program and provide $450 million more. We would provide $151 million
more for community service block grants. We would provide $170 million
in recognition of the fact that the Social Security Administration's
backlog for approving and reviewing disability cases has risen from
400,000 to 600,000 cases.
As I said, what we are trying to do is to reestablish the linkage
between actions taken on the tax cuts front and their implications for
legislation such as the bill before us today.
So with that, Mr. Chairman, we have no further speakers on this side
and I would simply seek a vote. And let me explain that if the
gentleman lodges a point of order on this amendment, then what we will
do instead of appealing the ruling to the Chair, what we will do
instead is to simply at that point move to strike the enacting clause
so that we can have a vote on whether or not you want to put the needs
of millionaires for tax cuts ahead of the needs of our children for
adequate education and health care.
Mr. Chairman, I yield back the balance of my time.
The CHAIRMAN. Does the gentleman from Ohio (Mr. Regula) claim time?
Mr. REGULA. Yes, Mr. Chairman.
The CHAIRMAN. The gentleman is recognized for 5 minutes.
Point of Order
Mr. REGULA. Mr. Chairman, we had this debate on the Committee on Ways
and Means jurisdiction on the issue of a tax cut. This is not the
proper venue. This is the appropriations bill; and, therefore, Mr.
Chairman, I make a point of order against the amendment because it
proposes to change existing law and constitutes legislation in an
appropriations bill and, therefore, violates clause 2 of rule XXI. In
addition, the amendment is a tax or tariff measure and is in violation
of clause 5(a) of rule XXI.
Clause 2 of rule XXI states in the pertinent part: ``An amendment to
a general appropriations bill shall not be in order if it changes
existing law.''
[[Page H6548]]
The amendment amends existing law. Clause 5(a) of rule XXI states in
part: ``A bill or joint resolution carrying a tax or tariff measure may
not be reported by a committee not having jurisdiction to report tax or
tariff measures. And an amendment in the House or proposed by the
Senate carrying a tax or tariff measure shall not be in order during
the consideration of a bill or joint resolution reported by a committee
not having that jurisdiction.''
The amendment is clearly legislation as well as a tax or tariff
provision. And it is, therefore, in violation of the House rules.
Mr. Chairman, I ask for a ruling from the Chair.
The CHAIRMAN. Does the gentleman from Wisconsin (Mr. Obey) wish to be
heard on the point of order?
Mr. OBEY. Yes, I do, Mr. Chairman.
The CHAIRMAN. The gentleman from Wisconsin is recognized.
Mr. OBEY. Mr. Chairman, clearly if this point of order is upheld,
what the majority would succeed in doing is, again, hiding from the
public the practical consequences to education and to health care,
worker protection programs of the majority party's past actions on tax
cuts. What the majority party is trying to do is to use the rules to
segment the discussion of the budget process so that one day without
any context whatsoever, the House considers tax cuts and then after
they have done that, then separately they consider what will happen to
the rest of the budget. We think that is going to wind up with an
unhealthy result for the public.
We do not control the House. Obviously, the majority party does; and
so they have the capacity to use the rules that way. But when they do
so, what they do, in my view, is to make meaningless virtually all
debate and discussion in this House. And so if the gentleman insists on
his point of order, we will have no choice but to concede it, and at
that point I would simply then have a preferential motion at the desk
which would ask that the enacting clause be stricken from this bill
until such time as the House reconsiders its action on the tax package
so that we do have room in the inn for the children this bill is
supposed to serve.
The CHAIRMAN. For the reasons stated by the gentleman from Ohio (Mr.
Regula) and on the concession of the gentleman from Wisconsin (Mr.
Obey), the point of order is conceded and sustained.
Preferential Motion Offered By Mr. Obey
Mr. OBEY. Mr. Chairman, I have a preferential motion at the desk.
The Clerk read as follows:
Mr. Obey moves that the Committee do now rise and report
the bill back to the House with the recommendation that the
enacting clause be stricken.
The CHAIRMAN. The gentleman from Wisconsin (Mr. Obey) is recognized
for 5 minutes in support of his preferential motion.
Mr. OBEY. Mr. Chairman, we have taken this action out of courtesy to
the Chair. But I feel very strongly about the vote that this motion
will trigger.
When we are together in a bipartisan fashion, as we have been on some
occasions in the past 8 years, we have produced good pieces of work and
both political parties have justly been proud of the outcome. But right
now this House is locked in the clutches of an ideological majority
which has decided that at all costs they will put tax cuts primarily
targeted at the most wealthy people in this country ahead of every
other legitimate need. So they have passed $2 trillion in tax cuts, all
paid for with borrowed money; and then when the labor-health
appropriations bill comes to the floor, they say, ``Oh, I am sorry. We
have to stop the progress at NIH. I am sorry, we cannot have any
expansion of research this year for cancer or for Parkinson's or
diabetes or for any of the other diseases that plague people. I am
sorry, we cannot even meet our own promises for title I in the
education bill. I am sorry, we cannot meet our promises to children who
require special help because of disabilities. I am sorry, we cannot
meet those promises because, you see, we have already spent the money
on the tax cut.''
So what we are saying is: ``Look, take this bill back to committee,
strike the enacting clause so that the bill can go no further, go back
and reconsider, go back and reconsider and allow us to vote on shaving
the size of that tax bill.'' Only for the top. All we are talking about
is to take a look at the size of the tax bill, or the size of the tax
cuts, I should say, that are provided to people who make more than a
million dollars a year. Right now they are scheduled to get an $88,000
tax cut. We are saying if you shave that in this amendment to only
$70,000, you can meet the education needs of the country; you can meet
the health care needs of the country. You have spent $2 trillion on tax
cuts, and now you are telling us there is not room in the end for $2.8
billion in education funding and in health care funding? That is what
you are telling us.
You built the box in which you are now locked; and you are saying,
``Gee whiz, we do not have a key.'' This is the key. So if you vote for
this motion, you will be voting to send this bill back to the committee
until this House comes to its senses and says to our friends, the
200,000 of them who make over a million dollars a year, ``Folks, we
love you. We hope everybody can see the day when they will make a
million dollars, but we ask you to take just a little bit less so we
can provide funding in this bill for education and health care and
other needed public services.''
I would bet you that 90 percent of the people who are going to get
those giant-size tax cuts would say, ``You bet. We think we would
rather see those investments in children before getting this
superduper-sized tax cut.'' I have enough confidence in their
patriotism and their concern about the future of this country that they
would make that choice even if a majority of this House seems to not
want to make or even confront that decision.
Mr. Chairman, I would ask for an ``aye'' vote on the motion.
Mr. Chairman, I yield back the balance of my time.
The CHAIRMAN. The gentleman from Ohio (Mr. Regula) is recognized for
5 minutes in opposition to the motion.
Mr. REGULA. Mr. Chairman, I would be interested in checking with
Treasury to find out how many people would voluntarily return their tax
cuts. I would daresay it will be few.
I want to point out once against that this budget is double what it
was 8 years ago when we took over for all of these good things. Having
said that, I oppose the amendment. I hope my colleagues will vote
``no'' on this amendment.
Mr. Chairman, I yield back the balance of my time.
The CHAIRMAN. The question is on the preferential motion offered by
the gentleman from Wisconsin (Mr. Obey).
The question was taken; and the Chairman announced that the ayes
appeared to have it.
Recorded Vote
Mr. OBEY. Mr. Chairman, I demand a recorded vote.
A recorded vote was ordered.
The vote was taken by electronic device, and there were--ayes 199,
noes 222, not voting 13, as follows:
[Roll No. 347]
AYES--199
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
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
Edwards
Emanuel
Engel
Eshoo
Etheridge
Evans
Farr
Fattah
Filner
Ford
Frank (MA)
Frost
Gonzalez
Gordon
Green (TX)
Grijalva
Gutierrez
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
[[Page H6549]]
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
NOES--222
Aderholt
Akin
Bachus
Baker
Ballenger
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
Foley
Forbes
Franks (AZ)
Frelinghuysen
Gallegly
Garrett (NJ)
Gerlach
Gilchrest
Gillmor
Gingrey
Goode
Goodlatte
Granger
Graves
Green (WI)
Greenwood
Gutknecht
Hall
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)
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
Wicker
Wilson (NM)
Wilson (SC)
Wolf
Young (AK)
Young (FL)
NOT VOTING--13
Conyers
Cramer
Fletcher
Fossella
Gephardt
Gibbons
Goss
Harman
Janklow
Kingston
Millender-McDonald
Owens
Whitfield
Announcement by the Chairman
The CHAIRMAN (during the vote). Members are advised there are 2
minutes remaining in this vote.
{time} 1500
Messrs. GARRETT of New Jersey, PAUL, McINNIS, Mrs. MYRICK, Mr.
RAMSTAD and Mr. GARY G. MILLER of California changed their vote from
``aye'' to ``no.''
Mr. SCOTT of Georgia changed his vote from ``no'' to ``aye.''
So the motion was rejected.
The result of the vote was announced as above recorded.
personal explanation
Mr. FLETCHER. Mr. Speaker, on Thursday, July 10, 2003, had I been
present for rollcall vote Nos. 346 and 347, I would have voted the
following way: Rollcall vote No. 346, on Approving the Journal--
``yea''; rollcall vote No. 347, strike enacting clause of H.R. 2660--
``nay.''
Mr. REGULA. Mr. Chairman, as the gentleman from Wisconsin (Mr. Obey)
and myself are making every effort to expedite this bill today, I,
therefore, ask unanimous consent that the remainder of the bill,
through page 91, line 17, be considered as read, printed in the Record,
and open to amendment at any point.
The CHAIRMAN. Is there objection to the request of the gentleman from
Ohio?
There was no objection.
The text of the bill from page 2, line 5 through page 91, line 17 is
as follows:
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
of such Act, including $56,000,000 for formula grants and
$3,600,000 for migrant and seasonal housing, including
permanent housing, and $400,000 for other discretionary
purposes: Provided further, That funds appropriated under
this heading in Public Law 108-7 for migrant and seasonal
farmworkers housing shall be made available only under the
terms and conditions in effect June 30, 2002, and shall
include funding for permanent housing: Provided further, That
notwithstanding the transfer limitation under section
133(b)(4) of such Act, up to 30 percent of such funds may be
transferred by a local board if approved by the Governor:
Provided further, That funds provided to carry out section
171(d) of such Act may be used for demonstration projects
that provide assistance to new entrants in the workforce and
incumbent workers: Provided further, That no funds from any
other appropriation shall be used to provide meal services at
or for Job Corps centers: Provided further, That
notwithstanding any other provision of law, funds awarded
under a grant issued by the Department of Labor pursuant to
section 173 of such Act on June 30, 2001, to the San Diego
Workforce Partnership may be used to provide services to
spouses of military personnel.
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
[[Page H6550]]
States through December 31, 2004, except that funds used for
automation acquisitions shall be available for obligation by
the States through September 30, 2006; of which $142,520,000,
together with not to exceed $768,257,000 of the amount which
may be expended from said trust fund, shall be available for
obligation for the period July 1, 2004 through June 30, 2005,
to fund activities under the Act of June 6, 1933, as amended,
including the cost of penalty mail authorized under 39 U.S.C.
3202(a)(1)(E) made available to States in lieu of allotments
for such purpose: Provided, That to the extent that the
Average Weekly Insured Unemployment (AWIU) for fiscal year
2004 is projected by the Department of Labor to exceed
3,227,000, an additional $28,600,000 shall be available for
obligation for every 100,000 increase in the AWIU level
(including a pro rata amount for any increment less than
100,000) from the Employment Security Administration Account
of the Unemployment Trust Fund: Provided further, That funds
appropriated in this Act which are used to establish a
national one-stop career center system, or which are used to
support the national activities of the Federal-State
unemployment insurance programs, may be obligated in
contracts, grants or agreements with non-State entities:
Provided further, That funds appropriated under this Act for
activities authorized under the Wagner-Peyser Act, as
amended, and title III of the Social Security Act, may be
used by the States to fund integrated Employment Service and
Unemployment Insurance automation efforts, notwithstanding
cost allocation principles prescribed under Office of
Management and Budget Circular A-87.
advances to the unemployment trust fund and other funds
For repayable advances to the Unemployment Trust Fund as
authorized by sections 905(d) and 1203 of the Social Security
Act, as amended, and to the Black Lung Disability Trust Fund
as authorized by section 9501(c)(1) of the Internal Revenue
Code of 1954, as amended; and for nonrepayable advances to
the Unemployment Trust Fund as authorized by section 8509 of
title 5, United States Code, and to the ``Federal
unemployment benefits and allowances'' account, to remain
available until September 30, 2005, $467,000,000.
In addition, for making repayable advances to the Black
Lung Disability Trust Fund in the current fiscal year after
September 15, 2004, for costs incurred by the Black Lung
Disability Trust Fund in the current fiscal year, such sums
as may be necessary.
program administration
For expenses of administering employment and training
programs, $115,824,000, including $2,393,000 to administer
welfare-to-work grants, together with not to exceed
$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 Employee Benefits Security
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 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 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
[[Page H6551]]
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, $450,008,000, including not to exceed
$91,747,000 which shall be the maximum amount available for
grants to States under section 23(g) of the Occupational
Safety and Health Act (the ``Act''), which grants shall be no
less than 50 percent of the costs of State occupational
safety and health programs required to be incurred under
plans approved by the Secretary under section 18 of the Act;
and, in addition, notwithstanding 31 U.S.C. 3302, the
Occupational Safety and Health Administration may retain up
to $750,000 per fiscal year of training institute course
tuition fees, otherwise authorized by law to be collected,
and may utilize such sums for occupational safety and health
training and education grants: Provided, That,
notwithstanding 31 U.S.C. 3302, the Secretary of Labor is
authorized, during the fiscal year ending September 30, 2004,
to collect and retain fees for services provided to
Nationally Recognized Testing Laboratories, and may utilize
such sums, in accordance with the provisions of 29 U.S.C. 9a,
to administer national and international laboratory
recognition programs that ensure the safety of equipment and
products used by workers in the workplace: Provided further,
That none of the funds appropriated under this paragraph
shall be obligated or expended to prescribe, issue,
administer, or enforce any standard, rule, regulation, or
order under the Act which is applicable to any person who is
engaged in a farming operation which does not maintain a
temporary labor camp and employs 10 or fewer employees:
Provided further, That no funds appropriated under this
paragraph shall be obligated or expended to administer or
enforce any standard, rule, regulation, or order under the
Act with respect to any employer of 10 or fewer employees who
is included within a category having an occupational injury
lost workday case rate, at the most precise Standard
Industrial Classification Code for which such data are
published, less than the national average rate as such rates
are most recently published by the Secretary, acting through
the Bureau of Labor Statistics, in accordance with section 24
of that Act (29 U.S.C. 673), except--
(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.
Mine Safety and Health Administration
salaries and expenses
For necessary expenses for the Mine Safety and Health
Administration, $266,767,000, including purchase and bestowal
of certificates and trophies in connection with mine rescue
and first-aid work, and the hire of passenger motor vehicles;
including up to $1,000,000 for mine rescue and recovery
activities, which shall be available only to the extent that
fiscal year 2004 obligations for these activities exceed
$1,000,000; in addition, not to exceed $750,000 may be
collected by the National Mine Health and Safety Academy for
room, board, tuition, and the sale of training materials,
otherwise authorized by law to be collected, to be available
for mine safety and health education and training activities,
notwithstanding 31 U.S.C. 3302; and, in addition, the Mine
Safety and Health Administration may retain up to $1,000,000
from fees collected for the approval and certification of
equipment, materials, and explosives for use in mines, and
may utilize such sums for such activities; the Secretary is
authorized to accept lands, buildings, equipment, and other
contributions from public and private sources and to
prosecute projects in cooperation with other agencies,
Federal, State, or private; the Mine Safety and Health
Administration is authorized to promote health and safety
education and training in the mining community through
cooperative programs with States, industry, and safety
associations; and any funds available to the department may
be used, with the approval of the Secretary, to provide for
the costs of mine rescue and survival operations in the event
of a major disaster.
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,
$437,152,000, together with not to exceed $75,110,000,
which may be expended from the Employment Security
Administration Account in the Unemployment Trust Fund.
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; $48,565,000 for the
acquisition of Departmental information technology,
architecture, infrastructure, equipment, software and related
needs which will be allocated by the Department's Chief
Information Officer in accordance with the Department's
capital investment management process to assure a sound
investment management process to assure a sound investment
strategy; $252,701,000; together with not to exceed $317,000,
which may be expended from the Employment Security
Administration Account in the Unemployment Trust Fund:
Provided, That no funds made available by this Act may be
used by the Solicitor of Labor to participate in a review in
any United States court of appeals of any decision made by
the Benefits Review Board under section 21 of the Longshore
and Harbor Workers' Compensation Act (33 U.S.C. 921) where
such participation is precluded by the decision of the United
States Supreme Court in Director, Office of Workers'
Compensation Programs v. Newport News Shipbuilding, 115 S.
Ct. 1278 (1995), notwithstanding any provisions to the
contrary contained in Rule 15 of the Federal Rules of
Appellate Procedure: Provided further, That no funds made
available by this Act may be used by the Secretary of Labor
to review a decision under the Longshore and Harbor Workers'
Compensation Act (33 U.S.C. 901 et seq.) that has been
appealed and that has been pending before the Benefits Review
Board for more than 12 months: Provided further, That any
such decision pending a review by the Benefits Review Board
for more than 1 year shall be considered affirmed by the
Benefits Review Board on the 1-year anniversary of the filing
of the appeal, and shall be considered the final order of the
Board for purposes of obtaining a review in the United States
courts of appeals: Provided further, That these provisions
shall not be applicable to the review or appeal of any
decision issued under the Black Lung Benefits Act (30 U.S.C.
901 et seq.).
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, $60,896,000, together with
not to exceed $5,899,000, which may be expended from the
Employment Security Administration Account in the
Unemployment Trust Fund.
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.
This title may be cited as the ``Department of Labor
Appropriations Act, 2004''.
[[Page H6552]]
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,
$6,252,256,000, of which $39,740,000 from general revenues,
notwithstanding section 1820(j) of the Social Security Act,
shall be available for carrying out the Medicare rural
hospital flexibility grants program under section 1820 of
such Act: Provided, That of the funds made available under
this heading, $248,000 shall be available until expended for
facilities renovations at the Gillis W. Long Hansen's Disease
Center: Provided further, That in addition to fees
authorized by section 427(b) of the Health Care Quality
Improvement Act of 1986, fees shall be collected for the
full disclosure of information under the Act sufficient to
recover the full costs of operating the National
Practitioner Data Bank, and shall remain available until
expended to carry out that Act: Provided further, That
fees collected for the full disclosure of information
under the ``Health Care Fraud and Abuse Data Collection
Program'', authorized by section 1128E(d)(2) of the Social
Security Act, shall be sufficient to recover the full
costs of operating the program, and shall remain available
until expended to carry out that Act: Provided further,
That no more than $45,000,000 is available for carrying
out the provisions of Public Law 104-73: Provided further,
That of the funds made available under this heading,
$273,350,000 shall be for the program under title X of the
Public Health Service Act to provide for voluntary family
planning projects: Provided further, That amounts provided
to said projects under such title shall not be expended
for abortions, that all pregnancy counseling shall be
nondirective, and that such amounts shall not be expended
for any activity (including the publication or
distribution of literature) that in any way tends to
promote public support or opposition to any legislative
proposal or candidate for public office: Provided further,
That $753,317,000 shall be for State AIDS Drug Assistance
Programs authorized by section 2616 of the Public Health
Service Act: Provided further, That notwithstanding
section 502(a)(1) of the Social Security Act, not to
exceed $117,831,000 is for carrying out special projects
of regional and national significance pursuant to section
501(l)(2): Provided further, That $65,000,000 is available
for special projects of regional and national significance
under section 501(a)(2) of the Social Security Act, which
shall not be counted toward compliance with the allocation
required in section 502(a)(1) of such Act, and which shall
be used only for making competitive grants to provide
abstinence education (as defined in section 510(b)(2) of
such Act) to adolescents and for evaluations (including
longitudinal evaluations) of activities under the grants
and for Federal costs of administering the grants:
Provided further, That grants under the immediately
preceding proviso shall be made only to public and private
entities which agree that, with respect to an adolescent
to whom the entities provide abstinence education under
such grant, the entities will not provide to that
adolescent any other education regarding sexual conduct,
except that, in the case of an entity expressly required
by law to provide health information or services the
adolescent shall not be precluded from seeking health
information or services from the entity in a different
setting than the setting in which the abstinence education
was provided: Provided further, That the funds expended
for such evaluations may not exceed 3.5 percent of such
amount.
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,
$4,588,671,000, of which $206,000,000 shall remain available
until expended for equipment, and construction and renovation
of facilities, and of which $242,569,000 for international
HIV/AIDS shall remain available until September 30, 2005,
including not less than $100,000,000, to remain available
until expended, for the ``International Mother and Child HIV
Prevention Initiative'', and in addition, such sums as may be
derived from authorized user fees, which shall be credited to
this account: Provided, That in addition to amounts provided
herein, $13,226,000 shall be available from amounts available
under section 241 of the Public Health Service Act to carry
out the National Center for Health Statistics surveys:
Provided further, That none of the funds made available for
injury prevention and control at the Centers for Disease
Control and Prevention may be used, in whole or in part, to
advocate or promote gun control: Provided further, That the
Director may redirect the total amount made available under
authority of Public Law 101-502, section 3, dated November 3,
1990, to activities the Director may so designate: Provided
further, That the Congress is to be notified promptly of any
such transfer: Provided further, That not to exceed
$12,500,000 may be available for making grants under section
1509 of the Public Health Service Act to not more than 15
States: Provided further, That without regard to existing
statute, funds appropriated may be used to proceed, at the
discretion of the Centers for Disease Control and Prevention,
with property acquisition, including a long-term ground lease
for construction on non-federal land, to support the
construction of a replacement laboratory in the Fort Collins,
Colorado area: Provided further, That notwithstanding any
other provision of law, a single contract or related
contracts for development and construction of facilities may
be employed which collectively include the full scope of the
project: Provided further, That the solicitation and contract
shall contain the clause ``availability of funds'' found at
48 CFR 52.232-18.
National Institutes of Health
National Cancer Institute
For carrying out section 301 and title IV of the Public
Health Service Act with respect to cancer, $4,770,519,000.
National Heart, Lung, and Blood Institute
For carrying out section 301 and title IV of the Public
Health Service Act with respect to cardiovascular, lung, and
blood diseases, and blood and blood products, $2,867,995,000.
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,
$382,396,000.
National Institute of Diabetes and Digestive and Kidney Diseases
For carrying out section 301 and title IV of the Public
Health Service Act with respect to diabetes and digestive and
kidney disease, $1,670,007,000.
National Institute of Neurological Disorders and Stroke
For carrying out section 301 and title IV of the Public
Health Service Act with respect to neurological disorders and
stroke, $1,468,926,000.
National Institute of Allergy and Infectious Diseases
(including transfer of funds)
For carrying out section 301 and title IV of the Public
Health Service Act with respect to allergy and infectious
diseases, $4,335,255,000: Provided, That $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,
$1,923,133,000.
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, $1,245,371,000.
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, $648,299,000.
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, $630,774,000.
National Institute on Aging
For carrying out section 301 and title IV of the Public
Health Service Act with respect to aging, $994,411,000.
National Institute of Arthritis and Musculoskeletal and Skin Diseases
For carrying out section 301 and title IV of the Public
Health Service Act with respect to arthritis and
musculoskeletal and skin diseases, $502,778,000.
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 H6553]]
to deafness and other communication disorders, $380,377,000.
National Institute of Nursing Research
For carrying out section 301 and title IV of the Public
Health Service Act with respect to nursing research,
$134,579,000.
National Institute on Alcohol Abuse and Alcoholism
For carrying out section 301 and title IV of the Public
Health Service Act with respect to alcohol abuse and
alcoholism, $430,121,000.
National Institute on Drug Abuse
For carrying out section 301 and title IV of the Public
Health Service Act with respect to drug abuse, $995,614,000.
National Institute of Mental Health
For carrying out section 301 and title IV of the Public
Health Service Act with respect to mental health,
$1,382,114,000.
National Human Genome Research Institute
For carrying out section 301 and title IV of the Public
Health Service Act with respect to human genome research,
$478,072,000.
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, $282,109,000.
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, $1,053,926,000: Provided,
That none of these funds shall be used to pay recipients of
the general research support grants program any amount for
indirect expenses in connection with such grants.
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, $116,202,000.
National Center on Minority Health and Health Disparities
For carrying out section 301 and title IV of the Public
Health Service Act with respect to minority health and health
disparities research, $192,724,000.
John E. Fogarty International Center
For carrying out the activities at the John E. Fogarty
International Center, $64,266,000.
National Library of Medicine
For carrying out section 301 and title IV of the Public
Health Service Act with respect to health information
communications, $316,040,000, of which $4,000,000 shall be
available until expended for improvement of
information systems: Provided, That in fiscal year 2004,
the Library may enter into personal services contracts for
the provision of services in facilities owned, operated,
or constructed under the jurisdiction of the National
Institutes of Health.
Office of the Director
(including transfer of funds)
For carrying out the responsibilities of the Office of the
Director, National Institutes of Health, $317,983,000:
Provided, That funding shall be available for the purchase of
not to exceed 29 passenger motor vehicles for replacement
only: Provided further, That the Director may direct up to 1
percent of the total amount made available in this or any
other Act to all National Institutes of Health appropriations
to activities the Director may so designate: Provided
further, That no such appropriation shall be decreased by
more than 1 percent by any such transfers and that the
Congress is promptly notified of the transfer: Provided
further, That the National Institutes of Health is authorized
to collect third party payments for the cost of clinical
services that are incurred in National Institutes of Health
research facilities and that such payments shall be credited
to the National Institutes of Health Management Fund:
Provided further, That all funds credited to the National
Institutes of Health Management Fund shall remain available
for 1 fiscal year after the fiscal year in which they are
deposited: Provided further, That up to $500,000 shall be
available to carry out section 499 of the Public Health
Service Act.
buildings and facilities
For the study of, construction of, renovation of, and
acquisition of equipment for, facilities of or used by the
National Institutes of Health, including the acquisition of
real property, $80,000,000, to remain available until
expended.
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,
$3,329,000,000: Provided further, That in addition to amounts
provided herein, $16,000,000 shall be made available from
amounts available under section 241 of the Public Health
Service Act to carry out national surveys on drug abuse.
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 CMS' Systems Revitalization Plan: Provided further,
That $56,991,000, to remain available until September 30,
2005, is for contract costs for the Healthcare Integrated
General Ledger Accounting System: Provided further, That
$129,000,000 shall be for processing Medicare appeals:
Provided further, That the Secretary of Health and Human
Services is directed to collect fees in fiscal year 2004 from
Medicare+Choice organizations pursuant to section 1857(e)(2)
of the Social Security Act and from eligible organizations
with risk-sharing contracts under section 1876 of that Act
pursuant to section 1876(k)(4)(D) of that Act.
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.
For making, after May 31 of the current fiscal year,
payments to States or other non-
[[Page H6554]]
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, $1,700,000,000.
For making payments under title XXVI of the Omnibus Budget
Reconciliation Act of 1981, $100,000,000: Provided, That
these funds are for the unanticipated home energy assistance
needs of one or more States, as authorized by section 2604(e)
of the Act, and notwithstanding the designation requirement
of section 2602(e).
refugee and entrant assistance
For necessary expenses for refugee and entrant assistance
activities authorized by title IV of the Immigration and
Nationality Act and section 501 of the Refugee Education
Assistance Act of 1980 (Public Law 96-422), for carrying out
section 462 of the Homeland Security Act of 2002 (Public Law
107-296), and for carrying out section 5 of the Torture
Victims Relief Act of 1998 (Public Law 105-320),
$461,853,000, of which up to $10,000,000 shall be available
to carry out the Trafficking Victims Protection Act of 2000
(Public Law 106-386, div. A): Provided, That funds
appropriated under this heading pursuant to section 414(a) of
the Immigration and Nationality Act for fiscal year 2004
shall be available for the costs of assistance provided and
other activities, to remain available through September 30,
2006.
payments to states for the child care and development block grant
For carrying out sections 658A through 658R of the Omnibus
Budget Reconciliation Act of 1981 (The Child Care and
Development Block Grant Act of 1990), $2,099,729,000 shall be
used to supplement, not supplant state general revenue funds
for child care assistance for low-income families: Provided,
That $19,120,000 shall be available for child care resource
and referral and school-aged child care activities, of which
$1,000,000 shall be for the Child Care Aware toll free
hotline: Provided further, That, in addition to the amounts
required to be reserved by the States under section 658G,
$272,672,000 shall be reserved by the States for activities
authorized under section 658G, of which $100,000,000 shall be
for activities that improve the quality of infant and toddler
care: Provided further, That $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 5.5 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, part B(1) of title
IV and sections 413, 429A, 1110, and 1115 of the Social
Security Act, and sections 40155, 40211, and 40241 of Public
Law 103-322; for making payments under the Community Services
Block Grant Act, sections 439(h), 473A, and 477(i) of the
Social Security Act, and title IV of Public Law 105-285, and
for necessary administrative expenses to carry out said Acts
and titles I, IV, X, XI, XIV, XVI, and XX of the Social
Security Act, the Act of July 5, 1960 (24 U.S.C. ch. 9), the
Omnibus Budget Reconciliation Act of 1981, title IV of the
Immigration and Nationality Act, section 501 of the Refugee
Education Assistance Act of 1980, section 5 of the Torture
Victims Relief Act of 1998 (Public Law 105-320), sections
40155, 40211, and 40241 of Public Law 103-322, and section
126 and titles IV and V of Public Law 100-485,
$8,599,670,000, of which $43,000,000, to remain available
until September 30, 2005, shall be for grants to States for
adoption incentive payments, as authorized by section 473A of
title IV of the Social Security Act (42 U.S.C. 670-679) and
may be made for adoptions completed before September 30,
2004; of which $6,815,570,000 shall be for making payments
under the Head Start Act, of which $1,400,000,000 shall
become available October 1, 2004 and remain available through
September 30, 2005; and of which $577,562,000 shall be for
making payments under the Community Services Block Grant Act:
Provided, That not less than $7,250,000 shall be for section
680(3)(B) of the Community Services Block Grant Act, as
amended: Provided further, That to the extent Community
Services Block Grant funds are distributed as grant funds by
a State to an eligible entity as provided under the Act, and
have not been expended by such entity, they shall remain with
such entity for carryover into the next fiscal year for
expenditure by such entity consistent with program purposes:
Provided further, That the Secretary shall establish
procedures regarding the disposition of intangible property
which permits grant funds, or intangible assets acquired with
funds authorized under section 680 of the Community
Services Block Grant Act, as amended, to become the sole
property of such grantees after a period of not more than
12 years after the end of the grant for purposes and uses
consistent with the original grant: Provided further, That
funds appropriated for section 680(a)(2) of the Community
Services Block Grant Act, as amended, shall be available
for financing construction and rehabilitation and loans or
investments in private business enterprises owned by
community development corporations: Provided further, That
$88,043,000 shall be for activities authorized by the
Runaway and Homeless Youth Act, notwithstanding the
allocation requirements of section 388(a) of such Act, of
which $26,413,000 is for the transitional living program:
Provided further, That $50,000,000 is for a compassion
capital fund to provide grants to charitable organizations
to emulate model social service programs and to encourage
research on the best practices of social service
organizations.
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, $1,377,421,000, of which
$5,000,000 shall be available for activities regarding
medication management, screening, and education to prevent
incorrect medication and adverse drug reactions; and of which
$2,842,000 shall remain available until September 30, 2006
for the White House Conference on Aging.
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, $11,185,000 shall be for activities specified
under section 2003(b)(2), of which $10,157,000 shall be for
prevention service demonstration grants under section
510(b)(2) of title V of the Social Security Act, as amended,
without application of the limitation of section 2010(c) of
said title XX: Provided further, That of this amount,
$49,675,000 is for minority AIDS prevention and treatment
activities; $18,400,000 is for an Information Technology
Security and Innovation Fund for Department-wide activities
involving cybersecurity, information technology security, and
related innovation projects, and $5,000,000 is to assist
Afghanistan in the development of maternal and child health
clinics, consistent with section 103(a)(4)(H) of the
Afghanistan Freedom Support Act of 2002.
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
[[Page H6555]]
1110 of the Social Security Act and title III of the Public
Health Service Act, $2,483,000: Provided, That in addition to
amounts provided herein, $18,000,000 shall be available from
amounts available under section 241 of the Public Health
Service Act to carry out national health or human services
research and evaluation activities: Provided further, That
the expenditure of any funds available under section 241 of
the Public Health Service Act are subject to the requirements
of section 205 of this Act.
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 U.S. 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, $1,726,846,000: Provided, That this
amount is distributed as follows: Centers for Disease Control
and Prevention, $1,116,156,000; Office of the Secretary,
$64,820,000; and Health Resources and Services
Administration; $545,870,000: Provided further, That at the
discretion of the Secretary of Health and Human Services,
these amounts may be transferred between categories subject
to normal reprogramming procedures: Provided further, That
employees of the Centers for Disease Control and Prevention
or the Public Health Service, both civilian and Commissioned
Officers, detailed to States, municipalities, or other
organizations under authority of section 214 of the Public
Health Service Act for purposes related to homeland security,
shall be treated as non-Federal employees for reporting
purposes only and shall not be included within any personnel
ceiling applicable to the Agency, Service, or the Department
of Health and Human Services during the period of detail or
assignment.
In addition, for activities to ensure a year-round
influenza vaccine production capacity and the development and
implementation of rapidly expandable influenza vaccine
production technologies, $50,000,000, to remain available
until expended.
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 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 2002,
and adding to that level the additional funds for tobacco
compliance activities required under subsection (a). The
State is to submit a report to the Secretary on all fiscal
year 2003 State expenditures and all fiscal year 2004
obligations for tobacco prevention and compliance activities
by program activity by July 31, 2004.
(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
[[Page H6556]]
such funds by advance or reimbursement to the Secretary of
State as may be necessary to pay the costs of acquisition,
lease, alteration, renovation, and management of facilities
outside of the United States for the use of the Department of
Health and Human Services. The Department of State shall
cooperate fully with the Secretary of Health and Human
Services to ensure that the Department of Health and Human
Services has secure, safe, functional facilities that comply
with applicable regulation governing location, setback, and
other facilities requirements and serve the purposes
established by this Act. The Secretary of Health and Human
Services is authorized, in consultation with the Secretary of
State, through grant or cooperative agreement, to make
available to public or nonprofit private institutions or
agencies in participating foreign countries, funds to
acquire, lease, alter, or renovate facilities in those
countries as necessary to conduct programs of assistance for
international health activities, including activities
relating to HIV/AIDS and other infectious diseases, chronic
and environmental diseases, and other health activities
abroad.
Sec. 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 excercised in a manner consistent with section 207 of the
Foreign Service Act of 1980 (22 U.S.C. 3927) and other
applicable statutes administered by the Department of State.
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.
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, $14,507,000,000, of which
$6,943,199,000 shall become available on July 1, 2004, and
shall remain available through September 30, 2005, and of
which $7,383,301,000 shall become available on October 1,
2004, and shall remain available through September 30, 2005,
for academic year 2004-2005: Provided, That $7,172,971,000
shall be available for basic grants under section 1124:
Provided further, That up to $3,500,000 of these funds shall
be available to the Secretary of Education on October 1,
2003, to obtain updated educational-agency-level census
poverty data from the Bureau of the Census: Provided further,
That $1,365,031,000 shall be available for concentration
grants under section 1124A: Provided further, That
$3,018,499,000 shall be available for targeted grants under
section 1125: Provided further, That $793,499,000 shall be
available for education finance incentive grants under
section 1125A: Provided further, That $235,000,000 shall be
available for comprehensive school reform grants under part F
of the ESEA: Provided further, That from the $9,500,000
available to carry out part E of title I, up to $1,000,000
shall be available to the Secretary of Education to provide
technical assistance to state and local educational agencies
concerning part A of title I.
Impact Aid
For carrying out programs of financial assistance to
federally affected schools authorized by title VIII of the
Elementary and Secondary Education Act of 1965,
$1,238,324,000, of which $1,073,000,000 shall be for basic
support payments under section 8003(b), $50,668,000 shall be
for payments for children with disabilities under section
8003(d), $44,708,000 shall be for construction under section
8007 and shall remain available through September 30, 2005,
$62,000,000 shall be for Federal property payments under
section 8002, and $7,948,000, to remain available until
expended, shall be for facilities maintenance under section
8008.
School Improvement Programs
For carrying out school improvement activities authorized
by titles II, part B of title IV, part A and subpart 6 of
part D of title V, parts A and B of title VI, and parts B and
C of title VII of the Elementary and Secondary Education Act
of 1965 (``ESEA''); the McKinney-Vento Homeless Assistance
Act; and the Civil Rights Act of 1964, $5,797,637,000, of
which $4,296,772,000 shall become available on July 1, 2004,
and remain available through September 30, 2005, and of which
$1,435,000,000 shall become available on October 1, 2004, and
shall remain available through September 30, 2005, for
academic year 2004-2005: Provided, That $390,000,000 shall be
for subpart l of part A of title VI of the ESEA: Provided
further, That no funds appropriated under this heading may be
used to carry out section 5494 under the Elementary and
Secondary Education Act.
Indian Education
For expenses necessary to carry out, to the extent not
otherwise provided, title VII, part A of the Elementary and
Secondary Education Act of 1965, $121,573,000.
Innovation and Improvement
For carrying out activities authorized by part G of title
I, parts A, C, and D of title II, parts B, C, and D of title
V, and section 1504 of the Elementary and Secondary Education
Act of 1965, $807,959,000: Provided, That $74,513,000 for
continuing and new grants to demonstrate effective approaches
to comprehensive school reform shall become available on July
1, 2004, and remain available through September 30, 2005, and
shall be allocated and expended in the same manner as the
funds provided under the Fund for the Improvement of
Education for this purpose were allocated and expended in
fiscal year 2003: Provided further, That up to $1,500,000 of
the funds provided under the Advanced Credentialling program
may be reserved by the Secretary to conduct an evaluation of
the program.
Safe Schools and Citizenship Education
For carrying out activities authorized by subpart 3 of part
C of title II, part A of title IV, and subparts 2, 3, and 10
of part D of title V of the Elementary and Secondary
Education Act of 1965, $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 academic year 2004-
2005: Provided, That of the funds available to carry out
subpart 3 of part C of title II, up to $12,000,000 may be
used to carry out section 2345: Provided further, That of the
funds available for subpart 2 of part A of title IV,
$4,968,000, 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.
English Language Acquisition
For carrying out title III, part A of the ESEA,
$685,515,000, of which $560,543,000 shall become available on
July 1, 2004, and shall remain available through September
30, 2005.
Special Education
For carrying out the Individuals with Disabilities
Education Act, $11,049,790,000, of which $5,690,762,000 shall
become available for obligation on July 1, 2004, and shall
remain available through September 30, 2005, and of which
$5,072,000,000 shall become available on October 1, 2004, and
shall remain available through September 30, 2005, for
academic year 2004-2005: Provided, That $11,400,000 shall be
for Recording for the Blind and Dyslexic to support the
development, production, and circulation of recorded
educational materials: Provided further, That the amount for
section 611(c) of
[[Page H6557]]
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.
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, and the Adult Education and Family Literacy Act, and
subpart 4 of part D of title V of the Elementary and
Secondary Education Act of 1965, as amended, $2,094,475,000,
of which $1,294,725,000 shall become available on July 1,
2004 and shall remain available through September 30, 2005
and of which $791,000,000 shall become available on October
1, 2004 and shall remain available through September 30,
2005: Provided, That of the amount provided for Adult
Education State Grants, $70,000,000 shall be made available
for integrated English literacy and civics education services
to immigrants and other limited English proficient
populations: Provided further, That of the amount reserved
for integrated English literacy and civics education,
notwithstanding section 211 of the Adult Education and Family
Literacy Act, 65 percent shall be allocated to States based
on a State's absolute need as determined by calculating each
State's share of a 10-year average of the Immigration and
Naturalization Service data for immigrants admitted for legal
permanent residence for the 10 most recent years, and 35
percent allocated to States that experienced growth as
measured by the average of the 3 most recent years for which
Immigration and Naturalization Service data for immigrants
admitted for legal permanent residence are available, except
that no State shall be allocated an amount less than $60,000:
Provided further, That of the amounts made available for the
Adult Education and Family Literacy Act, $9,438,000 shall be
for national leadership activities under section 243 and
$6,517,000 shall be for the National Institute for Literacy
under section 242: Provided further, That $175,000,000 shall
be available to support the activities authorized under
subpart 4 of part D of title V of the ESEA, of which up to 5
percent shall become available October 1, 2003, for
evaluation, technical assistance, school networking, peer
review of applications, and program outreach activities and
of which not less than 95 percent shall become available on
July 1, 2004, and remain available through September 30,
2005, for grants to local educational agencies: Provided
further, That funds made available to local educational
agencies under this subpart shall be used only for activities
related to establishing smaller learning communities in high
schools.
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, $14,247,432,000, which shall remain
available through September 30, 2005.
The maximum Pell Grant for which a student shall be
eligible during award year 2004-2005 shall be $4,050.
Student Aid Administration
For Federal administrative expenses (in addition to funds
made available under section 458), to carry out part D of
title I, and subparts 1, 3, and 4 of part A, and parts B, C,
D and E of title IV of the Higher Education Act of 1965, as
amended, $120,010,000.
Higher Education
For carrying out, to the extent not otherwise 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 one percent of the funds
referred to in the preceding proviso may be used for program
evaluation, national outreach, and information dissemination
activities.
Howard University
For partial support of Howard University (20 U.S.C. 121 et
seq.), $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,
DC.
Office for Civil Rights
For expenses necessary for the Office for Civil Rights, as
authorized by section 203 of the Department of Education
Organization Act, $91,275,000.
Office of the Inspector General
For expenses necessary for the Office of the Inspector
General, as authorized by section 212 of the Department of
Education Organization Act, $48,137,000.
GENERAL PROVISIONS
Sec. 301. No funds appropriated in this Act may be used for
the transportation of students or teachers (or for the
purchase of equipment for such transportation) in order to
overcome racial imbalance in any school or school system, or
for the transportation of students or teachers (or for the
purchase of equipment for such transportation) in order to
carry out a plan of racial desegregation of any school or
school system.
Sec. 302. None of the funds contained in this Act shall be
used to require, directly or indirectly, the 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
[[Page H6558]]
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
determinded by the Corporation in consultation with public
radio and television licensees or permittees, or their
designated representatives; and up to $20,000,000 is
available pursuant to section 396(k)(10) of the
Communications Act of 1934, as amended, for replacement and
upgrade of the public television interconnection system:
Provided, That section 396(k)(3) shall apply only to amounts
remaining after allocations made herein.
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, $239,429,000: Provided, That no part of
this appropriation shall be available to organize or assist
in organizing agricultural laborers or used in connection
with investigations, hearings, directives, or orders
concerning bargaining units composed of agricultural laborers
as referred to in section 2(3) of the Act of July 5, 1935 (29
U.S.C. 152), and as amended by the Labor-Management Relations
Act, 1947, as amended, and as defined in section 3(f) of the
Act of June 25, 1938 (29 U.S.C. 203), and including in said
definition employees engaged in the maintenance and operation
of ditches, canals, reservoirs, and waterways when maintained
or operated on a mutual, nonprofit basis and at least 95
percent of the water stored or supplied thereby is used for
farming purposes.
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.
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,
[[Page H6559]]
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
$8,241,800,000 may be expended, as authorized by section
201(g)(1) of the Social Security Act, from any one or all of
the trust funds referred to therein: Provided, That not less
than $1,800,000 shall be for the Social Security Advisory
Board: Provided further, That unobligated balances of funds
provided under this paragraph at the end of fiscal year 2004
not needed for fiscal year 2004 shall remain available until
expended to invest in the Social Security Administration
information technology and telecommunications hardware and
software infrastructure, including related equipment and non-
payroll administrative expenses associated solely with this
information technology and telecommunications infrastructure:
Provided further, That reimbursement to the trust funds under
this heading for expenditures for official time for employees
of the Social Security Administration pursuant to section
7131 of title 5, United States Code, and for facilities or
support services for labor organizations pursuant to
policies, regulations, or procedures referred to in section
7135(b) of such title shall be made by the Secretary of the
Treasury, with interest, from amounts in the general fund not
otherwise appropriated, as soon as possible after such
expenditures are made.
In addition, $120,000,000 to be derived from administration
fees in excess of $5.00 per supplementary payment collected
pursuant to section 1616(d) of the Social Security Act or
section 212(b)(3) of Public Law 93-66, which shall remain
available until expended. To the extent that the amounts
collected pursuant to such section 1616(d) or 212(b)(3) in
fiscal year 2004 exceed $120,000,000, the amounts shall be
available in fiscal year 2005 only to the extent provided in
advance in appropriations Acts.
From funds previously appropriated for this purpose, any
unobligated balances at the end of fiscal year 2003 shall be
available to continue Federal-State partnerships which will
evaluate means to promote Medicare buy-in programs targeted
to elderly and disabled individuals under titles XVIII and
XIX of the Social Security Act.
office of inspector general
(including transfer of funds)
For expenses necessary for the Office of Inspector General
in carrying out the provisions of the Inspector General Act
of 1978, as amended, $24,500,000, together with not to exceed
$63,700,000, to be transferred and expended as authorized by
section 201(g)(1) of the Social Security Act from the Federal
Old-Age and Survivors Insurance Trust Fund and the Federal
Disability Insurance Trust Fund.
In addition, an amount not to exceed 3 percent of the total
provided in this appropriation may be transferred from the
``Limitation on Administrative Expenses'', Social Security
Administration, to be merged with this account, to be
available for the time and purposes for which this account is
available: Provided, That notice of such transfers shall be
transmitted promptly to the Committees on Appropriations of
the House and Senate.
United States Institute of Peace
operating expenses
For necessary expenses of the United States Institute of
Peace as authorized in the United States Institute of Peace
Act, $17,200,000.
TITLE V--GENERAL PROVISIONS
Sec. 501. The Secretaries of Labor, Health and Human
Services, and Education are authorized to transfer unexpended
balances of prior appropriations to accounts corresponding to
current appropriations provided in this Act: Provided, That
such transferred balances are used for the same purpose, and
for the same periods of time, for which they were originally
appropriated.
Sec. 502. No part of any appropriation contained in this
Act shall remain available for obligation beyond the current
fiscal year unless expressly so provided herein.
Sec. 503. (a) No part of any appropriation contained in
this Act shall be used, other than for normal and recognized
executive-legislative relationships, for publicity or
propaganda purposes, for the preparation, distribution, or
use of any kit, pamphlet, booklet, publication, radio,
television, or video presentation designed to support or
defeat legislation pending before the Congress or any State
legislature, except in presentation to the Congress or any
State legislature itself.
(b) No part of any appropriation contained in this Act
shall be used to pay the salary or expenses of any grant or
contract recipient, or agent acting for such recipient,
related to any activity designed to influence legislation or
appropriations pending before the Congress or any State
legislature.
Sec. 504. The Secretaries of Labor and Education are
authorized to make available not to exceed $28,000 and
$20,000, respectively, from funds available for salaries and
expenses under titles I and III, respectively, for official
reception and representation expenses; the Director of the
Federal Mediation and Conciliation Service is authorized to
make available for official reception and representation
expenses not to exceed $5,000 from the funds available for
``Salaries and expenses, Federal Mediation and Conciliation
Service''; and the Chairman of the National Mediation Board
is authorized to make available for official reception and
representation expenses not to exceed $5,000 from funds
available for ``Salaries and expenses, National Mediation
Board''.
Sec. 505. Notwithstanding any other provision of this Act,
no funds appropriated under this Act shall be used to carry
out any program of distributing sterile needles or syringes
for the hypodermic injection of any illegal drug.
Sec. 506. (a) It is the sense of the Congress that, to the
greatest extent practicable, all equipment and products
purchased with funds made available in this Act should be
American-made.
(b) In providing financial assistance to, or entering into
any contract with, any entity using funds made available in
this Act, the head of each Federal agency, to the greatest
extent practicable, shall provide to such entity a notice
describing the statement made in subsection (a) by the
Congress.
(c) If it has been finally determined by a court or Federal
agency that any person intentionally affixed a label bearing
a ``Made in America'' inscription, or any inscription with
the same meaning, to any product sold in or shipped to the
United States that is not made in the United States, the
person shall be ineligible to receive any contract or
subcontract made with funds made available in this Act,
pursuant to the debarment, suspension, and ineligibility
procedures described in sections 9.400 through 9.409 of title
48, Code of Federal Regulations.
Sec. 507. When issuing statements, press releases, requests
for proposals, bid solicitations and other documents
describing projects or programs funded in whole or in part
with Federal money, all grantees receiving Federal funds
included in this Act, including but not limited to State and
local governments and recipients of Federal research grants,
shall clearly state: (1) the percentage of the total costs of
the program or project which will be financed with Federal
money; (2) the dollar amount of Federal funds for the project
or program; and (3) percentage and dollar amount of the total
costs of the project or program that will be financed by non-
governmental sources.
Sec. 508. (a) None of the funds appropriated under this
Act, and none of the funds in any trust fund to which funds
are appropriated under this Act, shall be expended for any
abortion.
(b) None of the funds appropriated under this Act, and none
of the funds in any trust fund to which funds are
appropriated under this Act, shall be expended for health
benefits coverage that includes coverage of abortion.
(c) The term ``health benefits coverage'' means the package
of services covered by a managed care provider or
organization pursuant to a contract or other arrangement.
Sec. 509. (a) The limitations established in the preceding
section shall not apply to an abortion--
(1) if the pregnancy is the result of an act of rape or
incest; or
(2) in the case where a woman suffers from a physical
disorder, physical injury, or physical illness, including a
life-endangering physical condition caused by or arising from
the pregnancy itself, that would, as certified by a
physician, place the woman in danger of death unless an
abortion is performed.
(b) Nothing in the preceding section shall be construed as
prohibiting the expenditure by a State, locality, entity, or
private person of State, local, or private funds (other than
a State's or locality's contribution of Medicaid matching
funds).
(c) Nothing in the preceding section shall be construed as
restricting the ability of any managed care provider from
offering abortion coverage or the ability of a State or
locality to contract separately with such a provider for such
coverage with State funds (other than a State's or locality's
contribution of Medicaid matching funds).
Sec. 510. (a) None of the funds made available in this Act
may be used for--
(1) the creation of a human embryo or embryos for research
purposes; or
(2) research in which a human embryo or embryos are
destroyed, discarded, or knowingly subjected to risk of
injury or death greater than that allowed for research on
fetuses in utero under 45 CFR 46.208(a)(2) and section 498(b)
of the Public Health Service Act (42 U.S.C. 289g(b)).
(b) For purposes of this section, the term ``human embryo
or embryos'' includes any organism, not protected as a human
subject under 45 CFR 46 as of the date of the enactment of
this Act, that is derived by fertilization, parthenogenesis,
cloning, or any other means from one or more human gametes or
human diploid cells.
Sec. 511. (a) None of the funds made available in this Act
may be used for any activity
[[Page H6560]]
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) The matter under the heading ``Department of
Education--Education for the Disadvantaged'' in division G of
Public Law 108-7 is amended--
(1) by striking ``$4,651,199,000'' and inserting
``$6,895,199,000''; and
(2) by striking ``$9,027,301,000'' and inserting
``$6,783,301,000''.
(b) The amendments made by subsection (a) shall take effect
on the date of the enactment of this Act.
Sec. 516. None of the funds made available by this Act to
carry out the Library Services and Technology Act may be made
available to any library covered by 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.
The CHAIRMAN. Are there any points of order?
Point of Order
Mrs. JOHNSON of Connecticut. Mr. Chairman, I raise a point of order
against section 217(B) on page 57, lines 7 through 25, and page 58,
lines 1 through 24, of this bill, H.R. 2660, on the grounds that this
provision violates clause 2(b) of House rule XXI because it is
legislation included in a general appropriations bill.
The CHAIRMAN. Does anybody wish to be heard on the gentlewoman's
point of order?
Mrs. JOHNSON of Connecticut. Mr. Chairman, I raise this point of
order respectfully and regretfully, but it is important that this
section be struck. In 2001, I helped author and pass in this House a
requirement that providers be required as of this October to submit all
Medicare claims electronically. Because most electronic billing systems
eliminate inaccurate and duplicate claims, the user fee is unnecessary,
as Medicare will get dramatically fewer mistakes after October.
Harnessing a new claims processing and billing technology is preferable
to using a punitive, per-claim tax to reduce mistakes.
In addition, current law gives small providers the leeway that they
need. Hospitals with fewer than 25 full-time employees or a physician
practice with fewer than 10 full-time employees are exempted from this
requirement.
In sum, the current law that goes into effect October 1 covers this
matter and provides the proper small business exemption. But in
addition, the issue of what is a clean claim can be a very
controversial issue and intermediaries have enormous power in this
matter.
Mr. REGULA. Mr. Chairman, we concede the point of order. I am just
trying to save some time here.
Mrs. JOHNSON of Connecticut. Mr. Chairman, I thank the gentleman, and
I would be happy to work with him to see if we can resolve this
problem, because I appreciate the gentleman's dedication to giving CMS
the administrative funds they are going to need to implement some of
the reforms. I look forward to working with the gentleman on that.
Mr. REGULA. Mr. Chairman, we concede the point of order, and we will
work together to solve this problem.
The CHAIRMAN. The point of order is conceded, it is sustained, and
the provision is stricken.
Amendment No. 5 Offered by Mr. Bereuter
Mr. BEREUTER. Mr. Chairman, I offer amendment No. 5.
The CHAIRMAN. The Clerk will designate the amendment.
The text of the amendment is as follows:
Amendment No. 5 offered by Mr. Bereuter:
In the item relating to ``Department of Health and Human
Services--Agency for Healthcare Research and Quality--
Healthcare Research and Quality'', insert before the period
at the end the following:
: Provided, That, of the funds made available under this
heading, $12,000,000 shall be for the conduct of research on
the comparative effectiveness, cost-effectiveness, and safety
of drugs, biological products, and devices under subparagraph
(B) of section 912(b)(2) of the Public Health Service Act (42
U.S.C. 299b-1(b)(2))
The CHAIRMAN. The gentleman from Nebraska (Mr. Bereuter) and a Member
opposed each will control 5 minutes.
The Chair recognizes the gentleman from Nebraska (Mr. Bereuter).
Mr. BEREUTER. Mr. Chairman, I yield myself 4 minutes.
(Mr. BEREUTER asked and was given permission to revise and extend his
remarks.)
Mr. BEREUTER. Mr. Chairman, this amendment requires the Agency for
Healthcare Research and Quality to spend $12 million for the conduct of
research on the comparative effectiveness, cost effectiveness, and
safety of drugs, biological products and devices under their existing
authorization.
This is a priority-setting amendment that is intended to ensure that
objective scientific research on prescription drugs continues or is
accelerated in fiscal year 2004. This, unfortunately, may not be an
increase in spending for this purpose, but the $12 million figure is
the amount the agency estimates it currently spends on this effort to
assess the efficacy of drugs.
This amendment does not require new money to be spent. Instead, the
amendment earmarks $12 million for the total amount yielded to what is
called the AHRQ for such research. This Member wishes it could be more;
and in fiscal year 2005, it should, pending good results, be
dramatically increased.
The amendment also demands accountability by requiring the agency to
actually and productively spend such funds on this initiative.
Mr. Chairman, while the Food and Drug Administration is charged with
assuring the safety of pharmaceuticals that are approved for the
marketing, clinicians, patients, health plans, insurers, and those
financing health care services need additional help in making informed
choices among pharmaceuticals. They need objective scientific
information regarding the effectiveness, quality, and cost
effectiveness of new drugs in comparison with existing alternatives,
especially when the new drugs cost much more than those that are now on
the market.
While the responsibility for developing this type of scientific
research was assigned to AHRQ and reinforced by two different
authorizing acts, the Congress has never provided AHRQ with the
adequate resources necessary to carry out that important mission.
Additional pharmaceutical research conducted by the AHRQ would also be
beneficial, for example, to the Medicaid program.
Specifically, AHRQ's research can help State Medicaid programs better
target their health care dollars. By a research initiative, for
example, the AHRQ recently demonstrated that children with a common
ailment, middle ear infection, recovered just as effectively after
treatment by one of several antibiotics as they do from treatment by
more expensive brand-name products. This is precisely the type of
information that State Medicaid programs need to guide coverage
decisions on a whole range of medical conditions, but
[[Page H6561]]
by and large such objective research findings do not exist for most
health conditions.
Additional research on anti-inflammatory drugs, cholesterol treatment
drugs, and drugs to treat other medical conditions would also be
beneficial in the development of Medicare prescription drug benefits.
Perhaps the AHRQ should conduct research on the clinical
appropriateness and cost effectiveness of the 50 drugs most frequently
prescribed for senior citizens. The findings would certainly be
interesting; and this Member believes that, overall, it would result in
greater cost effectiveness, greater drug efficacy, and, therefore,
lower cost to the patients and the American taxpayers.
Mr. Chairman, Americans deserve the best health care for their
dollar. The goal of this amendment is to provide clinicians, patients,
health plans, insurers, and others financing health care with the
credible, objective information on the benefits, risks, and costs of
prescription drugs so they can make informed decisions about the
prescriptions they consume and prescribe.
Mr. Chairman, I reserve the balance of my time.
Mr. REGULA. Mr. Chairman, I seek the time in opposition to the
amendment. However, I am willing to accept the gentleman's amendment
with the understanding that in preparation for conference we will learn
more about its impact on the administration and the Members'
priorities.
Mr. Chairman, I yield back the balance of my time.
Mr. BEREUTER. Mr. Chairman, I yield 1 minute to the gentlewoman from
Connecticut (Mrs. Johnson).
Mrs. JOHNSON of Connecticut. Mr. Chairman, in deference to all, and
the time constraints we are under, I will not take the full minute, but
I do want to say that often very small amendments are extremely
important. This amendment is absolutely key to reducing the costs of
drugs.
There are many expensive products on the market that are no better
than aspirin, and we need to be able to demonstrate that and provide
senior citizens and all Americans with that information so they can
choose the most cost-effective, medically effective pharmaceutical for
their particular needs. I commend the gentleman from Nebraska on his
amendment.
Mr. BEREUTER. Mr. Chairman, how much time do I have remaining?
The CHAIRMAN. The gentleman from Nebraska has 1 minute remaining.
Mr. BEREUTER. Mr. Chairman, I yield myself the balance of my time to,
first of all, thank the gentlewoman for her comments, and I also thank
the chairman for his comments and his remarks regarding securing
information about the impact.
I do believe that the research estimate of $12 million probably
includes not only contract services but also direct grants. I want to
make sure that we have not too specifically prescribed the authorizing
subsections so that we cover all the contracting and the grants that
are made for this purpose. So it would be good to look at that, because
last-minute information coming to us may have provided that when we
were actually too very specific by specifying the subsections.
With that information, Mr. Chairman, I ask Members for their support
on the amendment.
Mr. NETHERCUTT. Mr. Chairman, I support the gentleman from Nebraska's
efforts to provide Americans with information in order to make educated
decisions about their health care needs. However, I have concerns with
his amendment. Though the gentleman's amendment does not change the
Agency for Healthcare Research and Quality basic statutory authority,
it does increase funding for comparative and cost-effectiveness studies
by the AHRQ. I am fearful that by earmarking new funds for this
explicit purpose, it may set AHRQ in the wrong direction.
I support efforts to reduce prescription drug costs by educating
patients about what medicines best treat their ailments, allowing
individual patients to make their own decisions about their health care
needs. However, I fear that by promoting this amendment as a way to cut
prescription drug costs it will turn comparative and cost-effectiveness
studies into a means of implementing health care rationing by federal
agencies such as the Centers for Medicare and Medicaid Services. An
agency that calls itself a ``big dumb price fixer.'' The answer to
reducing health care costs is not by limiting patient access to the
treatments they need.
I am concerned that government-run cost-effectiveness studies being
promoted as a cost control tool will allow CMS to use these studies to
pick and choose which medicines should and should not be available to
patients. Making determinations in this way are biased against newer
treatments that can cost more up-front but save more over time.
In short, this amendment encourages the federal government to direct
medical care and promotes a ``one-size-fits-all'' approach to medicine
which is bad for patients.
Mr. BEREUTER. Mr. Chairman, I yield back the balance of my time.
The CHAIRMAN. The question is on the amendment offered by the
gentleman from Nebraska (Mr. Bereuter).
The amendment was agreed to.
Amendment No. 6 Offered by Mr. Rahall
Mr. RAHALL. Mr. Chairman, I offer an amendment.
The CHAIRMAN. The Clerk will designate the amendment.
The text of the amendment is as follows:
Amendment No. 6 offered by Mr. Rahall:
At the end of the bill (before the short title), insert the
following:
Sec. ____. None of the funds made available in this Act may
be used to implement amendments to Department of Labor Mine
Safety and Health Administration regulations parts 70, 75,
and 90 of title 30, Code of Federal Regulations, as proposed
on March 6, 2003.
The CHAIRMAN. Points of order are reserved; and pursuant to the order
of the House of today, the gentleman from West Virginia (Mr. Rahall)
and a Member opposed each will control 10 minutes.
The Chair recognizes the gentleman from West Virginia (Mr. Rahall).
Mr. RAHALL. Mr. Chairman, I yield myself such time as I may consume;
and I do offer an amendment, which is printed in the Record as No. 6.
Mr. Chairman, I rise in recognition this afternoon of the ultimate
sacrifice that thousands of our Nation's coal miners who have perished
from the crippling disease known as pneumoconiosis, or black lung, have
made to the energy security of this Nation.
Today, I rise to extend condolences to the families of coal miners
who died as a result of years of inhaling coal dust in our Nation's
mines. Today, I rise to give hope to those who on this day descend deep
into the Earth to produce a coal which fostered the industrial
revolution in this country and which now fires the technological
revolution. I rise in humble gratitude to them, and I say, thank you.
And I rise in anger as well, Mr. Chairman, because despite the fact
that the Congress in 1969 passed landmark legislation to put an end to
black lung disease contracted over years of inhaling respirable coal
dust in the mines, annually around 1,400 miners still perish from this
disease.
{time} 1515
Yet this administration, the Bush administration, incredibly has
proposed a regulation which would allow a fourfold increase of
respirable dust in the coal mines. If made final, that regulation would
directly translate into more deaths among our Nation's coal miners.
I have asked that this proposed regulation be withdrawn. The United
Mine Workers of America have asked that it be withdrawn. Hundreds, if
not thousands, of rank-and-file miners across this country have asked
that these regulations be withdrawn.
In response, the administration has simply extended the public
comment period. It is not going to withdraw these regulations. And why
would it when the Assistant Secretary of Labor in charge of this issue
was the very person who petitioned for these regulations when he served
in the private sector? Imagine that.
Today I hope to give the coal miners a fighting chance by offering
this amendment to block the Department of Labor from finalizing these
ill-conceived proposed regulations. Enough is enough. Over 55,000 coal
miners perished from black lung between 1969 and 1990, and still today
1,400 a year pass away as a result of it.
The poster to my right clearly illustrates what a coal miner faces
from black lung. To the left is a healthy lung tissue. On the right,
the far right, is a tissue sample of a 40-year-old coal miner. Compare
that to the sample in the middle of a 90-year-old person.
To quote from the Louisville Courier-Journal which once described
this disease in this manner, ``It is as if the Titanic sank every year,
and no ships
[[Page H6562]]
came to the rescue. While that long-ago disaster continues to fascinate
the Nation, the miners slip into cold, early graves almost unnoticed.''
This amendment would prohibit the Department of Labor from finalizing
these proposed rules while allowing continued research and development
on devices such as personal dust monitors. I want to emphasize that
last point. This amendment still allows the continued research and
development on devices supported by both the industry and the union
known as PDMs, or personal dust monitors. I am not stopping research
and development of those devices from continuing. The intent of this
amendment is to cause MSHA to withdraw the proposed rule and
repromulgate it in accordance with the letter and intent of the Mine
Safety Act in order to improve the dust sampling and compliance
regulatory program. I urge a yes vote on the Rahall amendment.
Mr. Chairman, I reserve the balance of my time.
Announcement by The Chairman
The CHAIRMAN. The Chair must remind Members that the use of audible
electronic devices on the House floor is prohibited.
Mr. REGULA. Mr. Chairman, I claim the time in opposition to the
amendment.
The CHAIRMAN. The gentleman from Ohio (Mr. Regula) is recognized for
10 minutes.
Mr. REGULA. MR. Chairman, I yield such time as he may consume to the
gentleman from Ohio (Mr. Boehner).
Mr. BOEHNER. Mr. Chairman, the amendment before us is unnecessary and
potentially harmful. Simply put, it would restrict the Mine Safety and
Health Administration's ability to protect miners from coal dust
exposure until October 2004.
The proposed amendment is unnecessary because the Agency has already
moved to suspend regulatory action on these rules until testing of
revolutionary coal dust monitoring technology is completed. As a
result, this amendment is not only needless, but could work to delay
improved coal dust rules for perhaps several years to come, and I think
it must be rejected. To do otherwise would be a great disservice to the
miners these rules are designed to protect without any logical purpose.
Let us look at the facts. On June 24, 2003, the Agency suspended its
proposed rule in this area. The reason for the delay is clear. The
first field test of new coal dust monitoring technology, called
personal dust monitors, showed genuine promise, so much so that the
PDMs could represent a potential revolution in monitoring miners'
exposure to coal dust, and MSHA concluded that additional tests should
be conducted before moving forward on this proposed rule.
This is more than lip service. This appropriations bill already
provides $250,000 to purchase 25 additional PDMs for testing in
underground mines, and this additional testing is supported by both the
mining industry and the miners' union. Most importantly, I have been
assured that until the testing provides sufficient, reliable
information in this area, no further regulatory action is to be taken.
The Agency's actions are reasonable and prudent because significant
portions of the coal dust rules could be affected if PDMs prove to be
as effective as early tests might indicate. This testing will take
time, and that is why the Agency will not move forward with this
testing until they have more reliable data.
Unfortunately, the amendment would prevent MSHA from acting on this
issue and could have the unintended consequence of delaying a new rule
that would utilize PDMs to their fullest potential.
So for these reasons I would hope Members would join me in rejecting
this amendment. The Agency has suspended its proposed rule to implement
further testing of PDMs, and this should be more than adequate to
address any concern over the implementation of these new devices.
Mr. REGULA. Mr. Chairman, I yield myself such time as I may consume.
I would add that we have money in the bill to study these, and I
would hope that the gentleman would withdraw his amendment. It really
is unnecessary in light of the Agency's action. They received a lot of
negative comments on the proposed rule, and for that reason have
withdrawn it.
Mr. RAHALL. Mr. Chairman, I yield myself such time as I may consume.
I appreciate what the gentlemen are stating. In response to the
gentleman from Ohio (Mr. Regula), there is funding for these PDMs.
Research and development is provided elsewhere in the Department of
Labor budget. It is under the budget for NIOSH.
In regard to what the gentleman from Ohio (Mr. Boehner) and the
gentleman from Ohio (Mr. Regula) have said, MSHA did not suspend the
proposed rule. I know what they stated. They stated they were
suspending the proposed rule in a press release. That is not the case.
The notice of this action in the Federal Register, and that is what
counts, what is said in the Federal Register, the notice of this action
in the Federal Register simply notes that the Agency was keeping the
comment period open until further notice. It is not stated as a
suspension in the Federal Register.
What MSHA said in a press release does not match the facts, the
reality, on the other hand as it appeared in the Federal Register. So
it is not a suspension. There is no legal basis for suspending a
proposed rule, and it cannot be done. In its guide for Federal
agencies, the Office of the Federal Register advises that the term
``suspend'' applies only to blocking enforcement of existing final
rules. The term does not apply to proposed rules. When agencies want to
halt action on proposed rules, according to the guide, they withdraw
the rules; and that has not occurred here. These proposed rules have
not been withdrawn, and that is why my amendment is seeking to force
the issue.
In regard to further research and development into the PDMs, as I
clearly stated in my opening comments on this amendment, I am in no way
blocking continued research and development into the development of
these PDMs. Both the unions and the companies want this research to
continue. My amendment does not block that research.
The amendment blocks MSHA from finalizing the proposed rule. It does
not restrict MSHA from engaging in any other activity related to the
proposed rule other than making it final. Second, there is nothing in
the proposed rule that involves funding R&D into PDMs. The proposed
rule does not contain funding, and if made final would not provide
funds for PDM deployment. So for that reason I think my amendment is on
solid ground, and I would urge the adoption thereof.
Mr. Chairman, I yield 2 minutes to the gentleman from Ohio (Mr.
Strickland).
Mr. STRICKLAND. Mr. Chairman, I would like to ask a question. As I
listened to the remarks of the gentleman from West Virginia (Mr.
Rahall), I was struck by something the gentleman said. Did I hear that
the Assistant Secretary of the Department of Labor who is in charge of
the proposed rule regarding coal dust rules was the very person who
petitioned for these regulations when he served in the private sector?
Mr. RAHALL. Mr. Chairman, will the gentleman yield?
Mr. STRICKLAND. I yield to the gentleman from West Virginia.
Mr. RAHALL. Mr. Chairman, the gentleman from Ohio is correct. The
Assistant Secretary of Labor for Mine Health and Safety, David
Lauriski, was the general manager of a coal company known as Energy
West, and was the very person who filed in September 1997 a petition
asking for the rulemaking he is now in charge of administering.
Mr. STRICKLAND. Mr. Chairman, that is incredible. This House should
know of what I think is a direct conflict of interest. Does the
gentleman have evidence to support what he is saying?
Mr. RAHALL. Mr. Chairman, I do. The Department of Labor's March 6
Federal Register notice publishing these proposed rules notes that
Energy West petitioned the Secretary of Labor on this matter during
September 1997 and states on page 10800, ``This proposed rule responds
to Energy West's petition for rulemaking.''
We obtained a copy of the petition, which I have right in front of
me, and lo and behold, it is signed by David Lauriski in his then-
capacity as general manager of Energy West.
[[Page H6563]]
Mr. STRICKLAND. Mr. Chairman, reclaiming my time, I thank the
gentleman for exposing this conflict of interest. The fact of the
matter is black lung disease continues to be a problem. It has not been
eradicated. Over 1,400 coal miners still perish this year in this
country, and here we have an administration which is pushing a proposed
rule which could increase dust levels in the mines fourfold.
This is a case of the fox guarding the henhouse.
In closing, I believe this is an insult to the working people of
America. It can spell certain death to some of the bravest souls in
this country. We should support this amendment so this proposed rule is
withdrawn and done right.
Mr. RAHALL. Mr. Chairman, I reserve the balance of my time.
Mr. REGULA. Mr. Chairman, I yield 3 minutes to the gentleman from
Georgia (Mr. Norwood).
Mr. NORWOOD. Mr. Chairman, I have absolute proof that Dave Lauriski
comes from the private sector, and I am delighted that he comes from
the private sector to bring to us new and innovative ideas on health
and safety for our miners.
I must oppose this amendment, and let me say that I do so, I believe,
for the sake of the health and safety of American miners.
Any attempt to slow down the progress of what could be groundbreaking
safety technology or hinder its widespread use is just wrong, and that
is what this amendment does. This amendment basically is unnecessary
because the Mine Safety and Health Administration acted on July 24 to
suspend the proposed rule referred to in the Rahall amendment. I do not
know the legal mumbo-jumbo, I just know they have absolutely postponed
this rule for very good reasons. If we pass this amendment, it is not
going to allow us, perhaps, to write a rule that involves the new
technology that could be the technology that saves a lot of lives. This
amendment carries with it certain unintended consequences that is going
to run counter to the interests of promoting workers' health.
MSHA made the decision to postpone the implementation of the rule
because of the first field test of new coal dust technology, called
personal dust monitors, PDMs, which are very expensive and could be
very life-saving for miners. These tests showed such genuine promise
that MSHA concluded that additional tests were needed before moving
forward with the proposed rule. We need to do the study, do the testing
and get this technology, and then be able to write the rule to put it
into place.
Both the mining industry and unions both supported this decision. In
fact, the Mine Workers president sent out a press release the day after
MSHA postponed its rule applauding that decision. Clearly, because the
results of these field tests could cause MSHA to rewrite sections of
its rule, to incorporate the technology of PDMs, MSHA needs the test
results before it can move forward, and then it does need to be able to
move forward. Again, that is not a delay. It is a positive move
intended to advance technology that hopefully will be great for the
mining community. Please do not confuse an arbitrary delay with a
positive effort to move forward on technological advance.
In sum, this amendment is unnecessary. In fact, it represents a
regulatory overkill basically without any clear benefit. Perhaps more
importantly, this amendment could prevent MSHA from completely
utilizing the new technology. Vote against this amendment because it is
a positive vote for progress.
Mr. RAHALL. Mr. Chairman, I yield myself such time as I may consume.
Mr. Chairman, I cannot allow obfuscation or dilatory diversion
tactics from some in the majority to go unanswered.
{time} 1530
This is about increasing by four-fold the dust level in our Nation's
coal mines, further putting coal miners at risk of losing their lives.
The gentleman that just responded obviously was not listening to my
previous two comments. These proposed rules have not been suspended, as
MSHA said in a press release, because I have the Federal Register right
here in front of me which says exactly the opposite of what their own
press release said. So the question here is about protecting some of
the bravest souls in America who are laboring deep underground to
produce our Nation's coal which provides over 50 percent of our
electricity.
It is not about trying to defend some former company official who is
now at the Department of Labor in charge of this exact same rulemaking
that he tried to change when he was in the private sector. This is
about increasing by four-fold the amount of dust levels in our Nation's
coal mines, not what was intended by any act that this Congress has
ever passed. It is a tragedy. It angers me, and here a gentleman from
some other region of the country that I am sure does not have many coal
mines in his district to come to the floor and make such defense of
such defenseless acts of this administration is truly incomprehensible.
It is mind boggling, and to see him make such comments and then walk
off the floor without even hearing and obviously was not even here to
hear the previous rebuttal to what the charges he is making that were
handed to him by some coal company downtown. It is absolutely mind
boggling that some of the majority would try to pull the wool over the
American people's eyes.
I would hope that those who have any comprehension of what it is like
in our Nation's coal mines, who have ever visited a coal mine, who have
ever talked to a coal miner and looked into his eyes will vote for this
Rahall amendment to further protect him from this administration.
Mr. REGULA. Mr. Chairman, I yield 2 minutes to the gentleman from
Ohio (Mr. Boehner).
Mr. BOEHNER. Mr. Chairman, I know we do two things here: we do
politics, and we do public policy. The fact is that MSHA has suspended
and/or withdrawn the regulation, and the gentleman's amendment says
that MSHA cannot promulgate a new regulation until October of 2004. The
hope is that these new personal dust monitors, this new technology will
in fact continue to show the successes that it has so that MSHA can
continue with the regulatory efforts and to get their new technology
into the workplace as soon as possible.
But under the gentleman's amendment, MSHA would be prohibited until
October, 2004, from proceeding. I do not think that is in the right
light. I think what we are seeing here is some coal politics on the
floor of the House. I think it is unfortunate. This is commonsense
policy coming from MSHA. We ought to congratulate them for the wisdom
in suspending what they were going to do to look at this new
technology. But if it works, why would we want to wait until October of
2004 to implement it? I would urge my colleagues to reject the
amendment.
Mr. REGULA. Mr. Chairman, I yield back the balance of my time.
The CHAIRMAN. The question is on the amendment offered by the
gentleman from West Virginia (Mr. Rahall).
The question was taken; and the Chairman announced that the noes
appeared to have it.
Mr. RAHALL. Mr. Chairman, I demand a recorded vote.
The CHAIRMAN. Pursuant to clause six of rule XVIII, further
proceedings on this amendment offered by the gentleman from West
Virginia (Mr. Rahall) will be postponed.
Amendment No. 4 Offered by Mr. Manzullo
Mr. MANZULLO. Mr. Chairman, I offer an amendment.
The CHAIRMAN. The Clerk will designate the amendment.
The text of the amendment is as follows:
Amendment No. 4 offered by Mr. Manzullo:
At the end of the bill (before the short title), insert the
following:
Sec.____. None of the funds made available in this Act may
be used--
(1) to acquire manufactured articles, materials, or
supplies unless section 2 of the Buy American Act (41 U.S.C.
10a) is applied to the contract for such acquisition by
substituting ``at least 65 percent'' for ``substantially
all''; or
(2) to enter into a contract for the construction,
alteration, or repair of any public building or public work
unless section 3 of the Buy American Act (41 U.S.C. 10b) is
applied to such contract by substituting ``at least 65
percent'' for ``substantially all''.
The CHAIRMAN. All points of order are reserved.
[[Page H6564]]
Pursuant to the order of the House today, the gentleman from Illinois
(Mr. Manzullo) and a Member opposed each will control 5 minutes.
The Chair recognizes the gentleman from Illinois (Mr. Manzullo).
Mr. MANZULLO. Mr. Chairman, I yield myself such time as I may
consume.
The purpose of this amendment is to increase the content requirement
of the Buy American Act from 50 percent to 65 percent. This is a very
simple amendment. It recognizes the fact that America has a tremendous
problem with regard to our loss of our manufacturing base. We are down
to about 10 percent of our workforce that is actively engaged in
manufacturing. Each year that falls by several percentage points. It is
massive, 6\1/2\ percent nationwide. And the congressional district that
I represent, Rockford, Illinois, is at 11 percent and possibly even
more because of the huge manufacturing base. Something has to be done
in order to keep what manufacturing we have in this country. So why not
take the billions of dollars that we use in procurement by the Federal
Government and say, as we look at the stuff that the Federal Government
buys, why not at least 65 percent of that be bought in America.
Mr. Chairman, I reserve the balance of my time.
The CHAIRMAN. Who seeks time in opposition?
Ms. JACKSON-LEE of Texas. Mr. Chairman, will the gentleman yield?
Mr. MANZULLO. Mr. Chairman, I yield such time as she may consume to
the gentlewoman from Texas (Ms. Jackson-Lee).
Ms. JACKSON-LEE of Texas. Mr. Chairman, I understand the gentleman is
withdrawing the amendment, but I do believe in the course of looking at
what is occurring in America with this enormous unemployment rate I
think the gentleman's amendment is extremely sensible and hopefully
this idea of ensuring that even the Federal Government is concerned
about products being produced in America and thereby creating jobs in
America and as I know the gentleman's leadership on the Committee on
Small Business helping small businesses which are prolific in all of
our districts and certainly in the 18th district, I would certainly
hope that we have an opportunity to ensure that we are front and center
on creating and buying products here in the United States and to be
able to fill in some of the gaping holes. Of course, that is not the
only way we can do so, but the gaping holes with respect to this very
high unemployment rate must be addressed! And I thank the gentleman for
yielding.
Mr. MANZULLO. Mr. Chairman, I withdraw the amendment.
The CHAIRMAN. Does the gentleman from Ohio (Mr. Regula) seek time in
opposition?
Mr. REGULA. Mr. Chairman, I was just going to commend the gentleman.
I think there is merit to it, but I understand he is withdrawing it.
The CHAIRMAN. The amendment is withdrawn.
Amendment Offered by Mr. Tancredo
Mr. TANCREDO. Mr. Chairman, I offer an amendment.
The CHAIRMAN. The Clerk will designate the amendment.
The text of the amendment is as follows:
Amendment offered by Mr. Tancredo:
Page 62 line 21, after the dollar amount, insert the
following: ``increased by $5,000,000''.
Page 63 line 5, after the dollar amount, insert the
following: ``increased by $5,000,000''.
Page 68 line 2, after the dollar amount, insert the
following: ``reduced by $5,000,000''.
The CHAIRMAN. All points of order are reserved.
Pursuant to the order of the House today, the gentleman from Colorado
(Mr. Tancredo) and a Member opposed each will control 5 minutes.
The Chair recognizes the gentleman from Colorado (Mr. Tancredo).
Mr. TANCREDO. Mr. Chairman, I yield myself such time as I may
consume.
Our schools are supposed to be safe havens, places where our children
go to learn, places free from danger. For the most part, that is
exactly what they are. As we have seen so many times over the last few
years, our schools can sometimes bear witness to unspeakable tragedies.
Names of communities that were once comfortably anonymous, like Pearl,
Mississippi; West Paducah, Kentucky; Jonesboro, Arkansas; and most
recently Red Lion, Pennsylvania; and of course my hometown of
Littleton, Colorado, are now burned forever in American consciousness.
Since 1996, at least 25 school shootings have occurred, leaving at
least 48 people dead and 110 wounded. Countless others will be scarred
by these tragedies for life. The phenomenon of school violence has
touched not only those of us who live in places like Littleton, but
everyone who has watched these heartbreaking catastrophes unfold on
television.
Mr. Chairman, my amendment would shift $5 million within title III of
the bill from the $1.9 billion Higher Education section, to the Project
School Emergency-Response to Violence Program, Safe Schools and
Citizenship Education. As drafted, the bill currently funds this
program at $5 million, or about one half of the President's 2004 budget
request. My amendment, if adopted, would fund the program at the level
called for in the President's budget. This program makes available
short- and long-term assistance in the form of both immediate and
extended services.
Mr. Chairman, it is my understanding that the $5 million that I am
attempting to shift from the Higher Education-Improvement of
Postsecondary Education program was included above and beyond the
President's request and that sufficient funds are available in other
program accounts to meet the administration's identified needs in this
area. I ask for a ``yes'' vote on the amendment.
Mr. Chairman, I yield back the balance of my time.
Mr. REGULA. Mr. Chairman, we are prepared to accept this amendment.
The CHAIRMAN. The question is on the amendment offered by the
gentleman from Colorado (Mr. Tancredo).
The amendment was agreed to.
Amendment Offered by Mr. Allen
Mr. ALLEN. Mr. Chairman, I offer an amendment.
The CHAIRMAN. The Clerk will designate the amendment.
The text of the amendment is as follows:
Amendment offered by Mr. Allen:
At the end of the bill, insert after the last section
(preceding the short title) the following:
Sec. ____. None of the funds made available in this Act may
be used to enforce any requirement that a school be
identified for improvement, corrective action, or
restructuring under section 1116 of part A of title I of the
Elementary and Secondary Education Act of 1965 (20 U.S.C.
6316 et seq.), or to otherwise implement any penalty or
sanction applicable to a State, a State educational agency, a
local educational agency, or a school under such part A, if
the amount appropriated in this Act for the purpose of
carrying out such part A for fiscal year 2004 is less than
$18,500,000,000, as authorized to be appropriated for such
purpose in section 1002(a) of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 6302(a)).
The CHAIRMAN. Points of order are reserved.
Pursuant to the order of the House today, the gentleman from Maine
(Mr. Allen) and a Member opposed each will control 15 minutes.
The Chair recognizes the gentleman from Maine (Mr. Allen).
Mr. ALLEN. Mr. Chairman, I yield myself 4 minutes.
Mr. Chairman, this amendment would prohibit the Department of
Education from penalizing a school for failing to meet the requirements
of the No Child Left Behind Act unless that school receives Federal aid
at the full authorized level. With the No Child Left Behind Act,
Congress struck a grand bargain with our communities' schools. We asked
schools to meet critical accountability standards, and in return we
promised them Federal aid to help make those standards a reality.
But the underlying bill, the Labor-H bill, H.R. 2660, provides
essentially woefully insufficient funds for local school districts and
States to meet those requirements. Congress is simply not fulfilling
our share of the burden. We are not living up to our end of the bargain
and the difference is $6.15 billion in fiscal 2004 alone. Fiscal 2004
alone, the shortfall here below what was authorized under the No Child
Left Behind Act was $6.15 billion. That is impacting our States and
municipalities in dramatic ways. Back home in Maine, wherever I go,
whenever I talk to educators, I always hear the same thing: you have
not fully funded special education. We are supporting that
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at the State level and at the Federal level, and now we get the
mandates of No Child Left Behind and we have another burden.
States right now are in their worst budget crisis since World War II,
and they are struggling to cope with these unfunded Federal mandates,
particularly in education. As a result, what is happening in Maine and
around the country is that property taxes are going up. The burden is
simply being passed down to the local property taxpayer. In Maine, 50
percent of the State budget is education, and in Maine municipalities
between 50 percent and 75 percent of the municipal budgets are
education. And we at the Federal level are simply making their burden
much worse. This amendment is not intended to weaken the standards laid
out in the No Child Left Behind Act. I joined with most of my
colleagues on this side of the aisle, the bipartisan majority, in
supporting the accountability standards of the No Child Left Behind
Act, and we believe still that our schools will benefit from these
standards, but only if they receive the promised money.
This amendment simply provides a respite during fiscal year 2004 for
schools struggling to comply with the law without full Federal
assistance. And let me just be clear about this. The way the amendment
reads is that none of the funds made available in the act may be used
to enforce any of the penalties under No Child Left Behind against
municipal or State bodies if the Congress appropriates for this act
less than $18.5 billion. That is the amount that was authorized to be
appropriated. So if our appropriators do not fully fund No Child Left
Behind, then this amendment provides that we cannot impose penalties on
so-called failing schools. This amendment will be a real boon to States
because they are struggling so much now with so many other costs and
challenges in their budget, and this is one way of saying to them the
Federal Government is not going to come down and impose penalties for
failing to meet an education mandate that the Congress of the United
States has not fully funded.
I urge my colleagues to support the amendment.
Mr. Chairman, I reserve the balance of my time.
Mr. BOEHNER. Mr. Chairman, I claim the time in opposition to the
gentleman's amendment.
The CHAIRMAN. The gentleman from Ohio (Mr. Boehner) is recognized for
15 minutes.
Mr. BOEHNER. Mr. Chairman, I yield myself such time as I may consume.
This amendment is a sad attempt to return to the days of spending
billions and billions of dollars and getting nothing in return. Since
1965, the Federal Government has spent over $300 billion in K through
12 education programs, and what have the results been? Zero. Nothing.
And we worked in a bipartisan way on both sides of the aisle to bring
real accountability to our schools to ensure that no child was left
behind, and the agreement we made was that we would provide sufficient
funding to put this into effect and we have. We can look at the $1.2
billion increase in title I two years ago, the $1.3 billion increase
last year, the $666 million increase this year.
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