[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

[[Page H6565]]

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.

                          ____________________