[Congressional Record (Bound Edition), Volume 149 (2003), Part 13]
[House]
[Pages 17376-17397]
[From the U.S. Government Publishing Office, www.gpo.gov]




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

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

                              H. Res. 312

       Resolved, That at any time after the adoption of this 
     resolution the Speaker may, pursuant to clause 2(b) of rule 
     XVIII, declare the House resolved into the Committee of the 
     Whole House on the state of the Union for consideration of 
     the bill (H.R. 2660) making appropriations for the 
     Departments of Labor, Health and Human Services, and 
     Education, and related agencies for the fiscal year ending 
     September 30, 2004, and for other purposes. The first reading 
     of the bill shall be dispensed with. All points of order 
     against consideration of the bill are waived. General debate 
     shall be confined to the bill. After general debate the bill 
     shall be considered for amendment under the five-minute rule. 
     All points of order against provisions in the bill are waived 
     except section 217(b). Where points of order are waived 
     against part of a section, points of order against a 
     provision in another part of such section may be made only 
     against such provision and not against the entire section. 
     During consideration of the bill for amendment, the Chairman 
     of the Committee of the Whole may accord priority in 
     recognition on the basis of whether the Member offering an 
     amendment has caused it to be printed in the portion of the 
     Congressional Record designated for that purpose in clause 8 
     of rule XVIII. Amendments so printed shall be considered as 
     read. At the conclusion of consideration of the bill for 
     amendment the Committee shall rise and report the bill to the 
     House with such amendments as may have been adopted. The 
     previous question shall be considered as ordered on the bill 
     and amendments thereto to final passage without intervening 
     motion except one motion to recommit with or without 
     instructions.

  The SPEAKER pro tempore. The gentlewoman from Ohio (Ms. Pryce) is 
recognized for 1 hour.
  Ms. PRYCE of Ohio. Mr. Speaker, for the purpose of debate only, I 
yield the customary 30 minutes to the gentlewoman from New York (Ms. 
Slaughter), pending which I yield myself such time as I may consume. 
During consideration of this resolution, all time yielded is for the 
purpose of debate only.
  Mr. Speaker, House Resolution 312 is an open rule which provides for 
1 hour of general debate, equally divided between the gentleman from 
Ohio (Mr. Regula) and the ranking member, the gentleman from Wisconsin 
(Mr. Obey), on H.R. 2660, the fiscal year 2004 Labor, Health and Human 
Services, and Education, and Related agencies appropriations bill.
  The rule waives all points of order against consideration of the bill 
and against provisions in the bill, except as specified in this 
resolution. After general debate, any Member wishing to offer an 
amendment may do so, as long as it complies with the regular rules of 
the House.
  The bill shall be read for amendment by paragraph, and the rule 
authorizes the Chair to accord priority in recognition to Members who 
have preprinted their amendments in the Congressional Record.
  Finally, the rule permits the minority to offer a motion to recommit, 
with or without instructions.
  Mr. Speaker, we have before us today the Labor, Health and Human 
Services appropriations act for fiscal year 2004, a funding package 
that makes good on our promises to America's children, workers and 
families. Before I summarize the main components of this package, a 
larger context must be established so that Members of both sides of the 
aisle fully understand what we are debating here and what is at issue 
today.
  When Members of Congress met in subcommittee and in committee to 
write this appropriations package, planning the most effective and 
efficient way to fund many of these domestic programs for education, 
for health care, for labor, they did not pick random funding levels. 
Setting funding levels was not decided by a game of darts or ``eenie, 
meenie, minie, moe.''
  A war in Iraq, a slowly recovering economy, and limited government 
revenues placed very clear and very real limitations on the resources, 
and the need to be fiscally responsible with the taxpayers' dollars was 
great. Despite these challenges, the gentleman from Florida (Chairman 
Young) and the gentleman from Ohio (Chairman Regula) and their 
colleagues created a funding plan that reflects our priorities, meets 
our goals, and places the greatest funding in the areas we need it 
most.
  So when they drafted a plan to fund teacher quality grants, they 
thought of the millions of students who learn something new each day 
when they are taught by well-qualified teachers; and when they created 
a package to give assistance and training to dislocated workers, they 
thought of the many unemployed men and women who diligently search for 
a new job, but always seem to meet a dead end; and when they thought to 
craft a plan to help critical agencies such as the Centers for Disease 
Control and the National Institutes of Health, they thought of 
America's communities, which need increasing assistance in fighting the 
growing threats of terrorism, especially those of bioterrorism. As a 
result, we have seen dramatic increases in both agencies, even after 
NIH's funding has doubled over the past 5 years.
  When they considered the significance of programs, such as the Low 
Income Home Energy Assistance Program, they thought of all the families 
who are forced to forego other needs in order to afford heat for their 
homes during cold winter months; and when they created a plan to 
provide comprehensive nutrition programs for women, infants and 
children, they thought of the thousands of soon-to-be and new mothers 
who wanted to provide the best possible care for their children and 
themselves by eating right and living healthy lives.
  Mr. Speaker, I mention these things at the risk of sounding 
repetitive, because the debate over this appropriations plan is likely 
to turn quite heated. These Members of Congress that I have mentioned, 
the ones who have worked so hard under the constraints of very finite 
resources, may not be rewarded here today. Instead, they may very well 
be maligned by many of our colleagues from the other side of the aisle 
who will suggest that this plan is cruel and that those that have 
created it are uncaring.
  So when these opponents begin to suggest that the amount of money is 
indicative of the size of a person's heart, I would ask them to ponder 
a quote by one of our former presidents, Ronald Reagan, who said, ``The 
size of the Federal budget is not an appropriate barometer of social 
conscience or charitable concern.'' And that is so true.
  Do we have limited resources to spend? Yes. Can we still meet 
America's needs with those limited resources? Absolutely. And is more 
money always the best answer or the only answer? Absolutely not.
  For example, in 1994, when my colleagues from the other side of the 
aisle controlled Congress, the Labor-HHS appropriations plan increased 
education spending by a mere 2 percent, and even then there were no 
additional education reforms. The message of their plan was more 
spending equals better education; more dollars equals better education.
  Now, fast forward to 2002 when the Republican-controlled Congress 
increased funding by 18 percent: 2 percent when they had it, 18 percent 
when we have it. And we also implemented the landmark No Child Left 
Behind plan to allow local school districts more flexibility in 
exchange for greater accountability and for student achievement.
  Our message: more efficient and effective spending equals a better 
education.
  Mr. Speaker, funding America's priorities can be both generous and 
responsible, and this appropriations package is proof positive of that 
fact. It provides significant increases for vital programs and services 
while maintaining wise stewardship over taxpayers' dollars.
  One issue that I have championed for many years, greater funding for 
children's medical hospitals, received significant increases in this 
bill, and I want to thank both the chairman and

[[Page 17377]]

the ranking member for recognizing the need for continued support for 
those working to improve children's health and end critical and deadly 
diseases.
  But all Americans are touched in one way or another by this 
legislation. The gentleman from Ohio (Chairman Regula) has provided 
tremendous leadership, working tirelessly to assure that Congress 
spends generously, but wisely. As a result of that fact, as the 
gentleman from Ohio (Chairman Regula) says, we should call this 
legislation the Hope Act, because it provides hope for nearly every 
single person in America it touches.

                              {time}  1600

  Hope for new medical cures, hope for stronger schools, hope for a new 
job. Whether you are an at-risk youth who will be able to attend an 
after-school program, or whether you are a senior who will benefit from 
increased efficiency and improved service in receiving your Social 
Security benefits, or whether you are a child who will receive better 
care from the extra assistance for children's hospitals and the 
teaching that goes on in them, the message that this appropriations 
plan sends out is very clear. Our priorities are the same, and our 
commitment is unwavering: quality education, adequate quality health 
care, safe work environments, and secure jobs. These are our goals, and 
they are reflected in this funding package.
  I urge all of my colleagues to pass the rule and approve the 
underlying bill.
  Mr. Speaker, I reserve the balance of my time.
  Ms. SLAUGHTER. Mr. Speaker, I thank the gentlewoman from Ohio (Ms. 
Pryce) for yielding me the customary 30 minutes, and I yield myself 
such time as I may consume.
  Priorities, Mr. Speaker. Again and again the majority has used 
legislation and procedural tactics to force its priorities through the 
body. The majority passed another massive tax cut for the wealthiest 
people that provided no relief for low-income families with children 
and allowed practically no debate on the bill. They passed a hollow 
plan to write a blank check to the pharmaceutical companies and called 
it a prescription drug plan, again allowing little debate.
  Last night the Committee on Rules demonstrated that tax cuts for the 
wealthiest Americans are more important than education, the goals of 
the No Child Left Behind Act, public health, the needs of older 
Americans, and help for those who are suffering due to the impotent 
economy. H.R. 2660 falls far short of the funding levels needed to 
sustain important programs that should be our priorities.
  The bill increases education funding, but the increase falls $700 
million short of the funding increase promised in the budget resolution 
for the 2004 fiscal year. These funding levels do leave children 
behind. H.R. 2660 provides an increase in Title I spending, but it is 
approximately $300 million less than the $1 billion promised in the 
budget. Because the programs designed to leave no child behind are 
again underfunded, school districts will lose money, and our children 
will lose educational opportunities.
  My district in New York will lose more than $700,000. The Niagara 
Falls City School District will lose over $100,000, and Buffalo City 
schools will face a loss of almost $900,000.
  Only $1 billion of the $2.2 billion budgeted for special education is 
appropriated. Pell grants allow 307,234 students to attend New York 
colleges and universities, yet the funding for Pell grants is frozen at 
current levels. And the current levels of funding cover less than 40 
percent of the cost of a college education at a 4-year public 
university.
  The legislation also funds public health programs, which are truly 
some of the most important services that the Federal Government 
provides. However, H.R. 2660 provides few additional resources for 
health services and public health. Quality health care is out of the 
reach of far too many Americans. Recent press accounts have highlighted 
severe problems with the oversight of the State Medicaid programs, and 
States face financial crises. Over 3 million people in New York depend 
on Medicaid, and, across the Nation, 4 million children rely on State 
Children's Health Insurance Programs, SCHIP, for health care. In New 
York, over a half a million children rely on SCHIP. There are no 
increases in funding for childhood immunization grants or for the 
program that provides the scholarships for nursing students, despite 
the serious shortage of nurses in this country.
  Despite these tax cuts which were made, actually what we are doing is 
shifting the burden to the middle class, and then, obviously, the 
programs that we care about are being cut, and while we are doing that, 
issuing these tax cuts that were supposed to do such wonderful things, 
the economy slowly staggers along. And the result of the stagnant 
economy is that 6.4 percent of all Americans are unemployed. That is 
the highest number in almost a decade. We have the largest deficit we 
have ever had in our history, and more than 9 million Americans who 
want to work and support their families cannot find work.
  Are we going to help these millions of Americans until they are able 
to find jobs? No. We either freeze the funding levels for programs to 
help low-income Americans at the same level as last year, or it reduces 
funding levels. And because of inflation, the bill would leave the 
victims of poor economic policy with fewer resources.
  Natural gas prices are rising and will likely be 50 percent higher by 
this winter, but the funding for the Low-Income Home Energy Assistance 
Program was slashed by 10 percent. This bill will literally leave 
635,000 New York households that rely on LIHEAP in the cold. And 
believe me, last year it was cold.
  Before the July 4 recess, the older Americans were given a hollow 
promise of insurance coverage for the astronomically high cost of 
prescription drugs. Now, H.R. 2660 comes back again to take a swipe at 
elderly Americans. Almost 200 million older, home-bound Americans rely 
on Meals-on-Wheels. The allocated funding levels for the Meals-on-
Wheels program would force serious cuts in the services, resulting in 
4.6 million fewer meals delivered. Our priorities are not providing 
fewer meals to home-bound elderly Americans.
  Last night the Committee on Rules passed an open rule for the 
consideration of the Labor, Health and Human Services, and Education 
appropriations for the 2004 fiscal year. Also last night the committee 
rejected an amendment to add $5.5 billion to this appropriations bill. 
The additional funds could be added by reducing the tax cuts from 
$88,000 a year to $60,000 for those making more than $1 million. 
Because the majority refused to grant a waiver in the open rule, the 
amendment is out of order. The $5.5 billion in additional funds from 
the big tax cut would go to education, to public health, to services 
for low-income and elderly Americans, and more. Meals-on-Wheels would 
keep rolling. Education funds would go to the children and make sure 
that truly no child is left behind, and would provide the health care 
immunization shots for children, and it would keep houses warm during 
the icy winter.
  Every day we as elected representatives make choices. The 
appropriations process requires us to make difficult choices sometimes. 
But the Federal Government, we know, has a finite amount of money, and 
we must choose wisely how to allocate the resources. The appropriations 
process for the 2004 fiscal year is incredibly more difficult because 
Federal funds have been severely depleted. The billions of dollars in 
tax cuts given to the wealthiest Americans have depleted it. This House 
has chosen to fund millionaires rather than fund programs for elderly 
Americans, the 9 million people unemployed, and children's minds and 
bodies. That is the wrong choice.
  Mr. Speaker, I reserve the balance of my time.
  Ms. PRYCE of Ohio. Mr. Speaker, I am very pleased to yield such time 
as he may consume to my very distinguished colleague from the grand 
State of California (Mr. Dreier), the chairman of our Committee on 
Rules.
  Mr. DREIER. Mr. Speaker, let me begin by complimenting my colleague,

[[Page 17378]]

the gentlewoman from Ohio (Ms. Pryce), who chairs our Republican 
Conference, on her superb statement. I think she really hit the nail on 
the head when she quoted Ronald Reagan, making it clear that the 
commitment in one's heart to priorities is not based on the size of the 
Federal budget.
  It is interesting that as I listened to my friend, the gentlewoman 
from Rochester, New York, go through the litany of concerns that she 
has with this bill, and we are regularly hearing from the other side of 
the aisle that we are spending too much, we are concerned about the 
deficit, and they try to paint it as if Republicans only are the ones 
who are responsible for spending. I know that there are many who 
believe that this tax cut; because one of her closing lines here, I was 
struck with that, that we somehow are appropriating dollars, and that 
is how I inferred it, because she said we are spending dollars on 
millionaires and cutting off those who are in great need.
  Nothing could be further from the truth. What we have done, Mr. 
Speaker, and I know that my friend, the ranking minority member of the 
Committee on Appropriations, is focused on this tax cut, we put into 
place a jobs and growth plan, which, frankly, is already beginning to 
work. We know that the best way to ensure that we have the resources 
necessary to deal with these issues is for us to make sure that we get 
the economy growing.
  The challenge that we face fiscally here is that we have seen a 
slowdown that began the last two quarters of the year 2000, and we are 
emerging from that. Virtually every economist has acknowledged that the 
economic recession that took place in the early part of 2001 was, in 
fact, the shallowest economic recession since the Great Depression. 
Why? In large part due to the fact that we put into place an economic 
growth plan, and it is one which I think we should stick by.
  Now, let us talk about the bill and this legislation itself. I know 
that my friend, the gentlewoman from Ohio (Ms. Pryce), has very 
appropriately pointed to the hard work and success of the chairman of 
the full Committee on Appropriations, the gentleman from Florida (Mr. 
Young) as well as the chairman of the subcommittee, the gentleman from 
Ohio (Mr. Regula). We obviously are living with very, very challenging 
fiscal constraints that have been imposed on us by the budget which 
passed this House, and the gentleman from Ohio (Mr. Regula) was one 
who, as has been said by the gentleman from Florida (Mr. Young), 
willingly stepped forward as a subcommittee chairman and chose to, 
without complaint, live within the strictures imposed by the 302(b) 
allocations that, in fact, do have limitations on the amount that can 
be spent. But it is important to note that his pursuit of vigorous 
reforms and dealing with priorities will, in fact, allow those very 
important needs to be met.
  Now, the gentleman from Ohio (Mr. Regula) likes to refer to this as 
the Love Thy Neighbor bill, because with 280 million Americans, 
virtually everyone is touched by some aspect of this bill, whether it 
has to do with health issues, education issues, we can go right down 
the line. We all as Americans are touched by this. So it is for that 
reason, as we look at a wide range of these very important, serious, 
challenging societal needs, that he has come forward with a fiscally 
responsible measure that will allow us to address those.
  I would like to take just a moment, Mr. Speaker, to talk about one of 
those needs. He very generously allowed my colleague, the gentleman 
from Texas (Mr. Sessions), and me to join with the very capable writer 
and commentator George Will in testifying before his subcommittee about 
the need for us to ensure that the National Institutes of Health has 
the resources necessary to deal with the challenge of Down Syndrome. I 
have friends, included among them George Will and the gentleman from 
Texas (Mr. Sessions), and my former staff director of the House 
Committee on Rules, Vince Randazzo, who have in their family children 
who are faced with the challenge of Down Syndrome. And I believe that 
the recognition that the gentleman from Ohio (Mr. Regula) has made in 
reporting out this measure will go a long way towards dealing with that 
challenge for future generations.
  Mr. Speaker, we can go all the way down the line in looking at all of 
the diseases that exist; we can look at all of these different issues. 
And we know that there are some who have talked about the idea that we 
may not be providing the same kind of increase for the National 
Institutes of Health that have been provided in the past. Since 1994 we 
have doubled the level of spending for expenditures for the National 
Institutes of Health, and the gentleman from Ohio (Chairman Regula) has 
very appropriately said that with large Federal bureaucracies, it takes 
a while to absorb many of these resources that are provided. So while 
my friend from Rochester talked about the fact that we should be 
increasing funds for this and this and this and this, all of these 
issues, which are obviously priorities and are a concern to all of us, 
we have to recognize that within the structure that is there today, we 
have got to allow these resources that have been increased dramatically 
over the past several years, as I said, since we won the majority, 
doubled at the National Institutes of Health, we have to allow it to be 
absorbed. That is why I think when I talked about reforms earlier, that 
is the kind of thing that the gentleman from Ohio (Mr. Regula) is 
pursuing in his measure.
  So, Mr. Speaker, as the gentlewoman from Ohio (Ms. Pryce) said, we 
are going to hear a lot of rhetoric as the debate begins on this 
measure. There are going to be a lot of people who will try to paint 
those of us who are supporting the very important work of this 
committee as being less than concerned about those who are in need. 
Nothing could be further from the truth. We are doing it responsibly, 
we are doing it within the fiscal constraints that have been set 
forward, and we are doing it with a great deal of compassion.
  So I urge my colleagues to support this rule and to support the very 
important measure that the gentleman from Ohio (Mr. Regula) has worked 
so hard on.
  Ms. SLAUGHTER. Mr. Speaker, I yield myself 1 minute.
  I am afraid my good friend, the chairman of the Committee on Rules, 
did not pay very much attention to what I was saying. I do not recall 
at any point saying that we would like to add more money. What we were 
talking about were the extraordinary cuts that have been taken to 
programs that people have learned to really rely on. It has always been 
the basic tenet of this government that we want to make sure that 
everybody has the opportunity to rise equally, have an opportunity to 
have good education, have the opportunity to enjoy good health.
  What we have done in this measure, and I continue to say that the 
reason the resources are not there are because of the tax cuts, is that 
we are taking away the rights of many children to go to Head Start, to 
get a good education that we want them to have; we are taking away 
their SCHIP program, which provides health insurance for them, and what 
is very disturbing, too, is that the elderly have already taken hits.
  Mr. DREIER. Mr. Speaker, will the gentlewoman yield?
  Ms. SLAUGHTER. I yield to the gentleman from California.

                              {time}  1615

  Mr. DREIER. Mr. Speaker, I thank the gentlewoman for yielding.
  Mr. Speaker, I would say, I know as I see the chairman of the 
subcommittee here, this view that somehow Draconian cuts are going to 
take place that jeopardize the opportunity for people to be in the Head 
Start program dealing with SCHIP and a wide range of things I believe 
is a real stretch. Let us look at this bill, which I believe is going 
to pass and be successful, and I believe it is a measure that will, in 
fact, meet those very important needs that are out there.
  Ms. SLAUGHTER. Mr. Speaker, I yield myself 30 seconds.
  The gentleman from California (Mr. Dreier) better hope for that 
because otherwise America will be pretty disappointed to find that they 
have been

[[Page 17379]]

left behind, not just the children but the elderly, the middle class, 
all the rest of them, and certainly the unemployed.
  Mr. Speaker, I yield 6 minutes to the gentleman from Wisconsin (Mr. 
Obey).
  Mr. OBEY. Mr. Speaker, we have heard a lot of rewriting of history in 
the last hour or so. I want to make one thing clear, if House 
Republicans had their way and if we had passed the bills which 
originally passed the House under Republican leadership the last 5 
years, instead of increasing education funding by $19 billion over that 
6-year period, we would have decreased it by $15 billion. That is the 
bottom line summary of the facts.
  Now, let me get to the problem with this rule. Over the last 2 years, 
Congress has provided more than $2 trillion in tax cuts; a huge 
percentage of those tax cuts have been targeted to the top 1 percent of 
earners in this country. The majority party has pretended that there 
are no consequences and no cost to those tax cuts. Well, there are. 
First of all, every single dollar is paid for with borrowed money. That 
means that for the fiscal year in which this bill is going to be 
effective, we will pay $26 billion more in interest. That makes no 
sense. For less than half of that, you could fix every appropriations 
bill that we are going to pass.
  Consequence number two of the trillions of dollars in tax cuts is 
that there is no money left on the table except table scraps to deal 
with the problems of Medicare, to deal with the problems of 
prescription drugs, and to deal with other needed investments.
  Of the 13 appropriations bills that will come before the House this 
year, this is the bill that contains most of the funds for those needed 
investments. And I think we need to take a look at what is happening to 
this bill because this is the bill that demonstrates where the chickens 
come home to roost because of the cost of the outlandish tax packages 
that this House has passed.
  Now, in order to get moderate Republican votes for the original 
budget resolution, the Republican majority in this House promised that 
they would provide significant funding for title I and special 
education in order to get the votes of those moderates. So they 
promised that they would raise that funding to a very high level. The 
problem is that for title I we have a bill today which is almost $400 
million below that funding level. And for special education we have a 
bill which is $1.2 trillion, below the amount promised in the 
Republicans' own budget resolution. So it is apparent that what 
happened is that they could not afford both to pay for their tax cuts 
and keep their promises on education, so they are breaking their 
promises on education.
  Secondly, the President said when we passed No Child Left Behind, 
``no more money until we reform the programs.'' So we reform the 
programs. I voted for those reforms. And guess what? The check is not 
in the mail. The money now is not coming. This bill is going to be $8 
billion for education below the amount that was promised for the 
funding scheduled for No Child Left Behind. In addition, this bill 
contains a number of other problems. It brings the 5-year progress that 
we have had in doubling NIH to a halt.
  You ask the people who are going to contract cancer, Parkinson's, Lou 
Gehrig's disease, MS, you ask them this year whether they think an 
$88,000 tax cut for a millionaire is more important than continuing our 
efforts to double again NIH medical research. I know the answer you 
will get because they are in my office every day begging for help.
  In addition to that problem, if you take a look at some of the other 
problems, this committee cuts LIHEAP, the low-income heating assistance 
program, by $200 million below the President's budget and below last 
year. It cuts 3 million congregate meals for senior citizens under the 
Old Americans Act. It adds 200,000 people to the backlog that the 
Social Security Agency will experience in trying to meet disability 
claims, for instance. And it comes up $400 million dollars short, well, 
I have already said $400 million short, in basic title I programs.
  The problem with this House and the problem with this rule is that if 
this rule is adopted, nobody in the House can fix the problems in the 
bill that I have just described because the rule locks us in to past 
decisions on tax cuts, and it says, ``Sorry, boys and girls, you cannot 
do a blessed thing about it except fiddle around the edges.''
  So, Mr. Speaker, I am going to ask people to vote ``no'' on the 
previous question. If it goes down, I will offer two amendments, one 
would close the gap between No Child Left Behind and other education 
funding. It would raise $5 billion in additional funding for education 
for needed funds for health care, and I would offer a second amendment 
which would provide $2.9 billion in increases by increasing every 
State's share that they receive from the Federal Government under 
Medicaid so that we can guarantee that not a single poor child will be 
tossed off the Medicaid or SCHIP rolls in any State of the Union.
  The budget process has been managed in a way that is trying to hide 
the impact of those tax cuts on education, on health care, on workers. 
This amendment reestablishes those linkages for all to see. In a 
democracy, you should not hide from your choices. You should make them 
quite clear. What a vote for this rule will do is to lock in the 
decision that we have made to have our kids pay for tax cuts for 
millionaires. That is a lousy choice. Anybody who makes it ought to be 
ashamed of themselves.
  Ms. PRYCE of Ohio. Mr. Speaker, I yield 4 minutes to the gentleman 
from the State of Florida (Mr. Foley).
  Mr. FOLEY. Mr. Speaker, I thank the gentlewoman for yielding me time. 
I thank the gentleman from Ohio (Mr. Regula) and the gentleman from 
Florida (Chairman Young) who have worked and labored over this bill for 
quite some time. I want to thank them for their dedication to a number 
of key principles in this bill; but I first must take some exception 
because it seems no matter what we are talking about on this floor, it 
is always not enough. There is never enough provided for the bills that 
they would like to pass on to the taxpayers.
  We keep hearing about deficits, and I know they know a lot about 
deficits on the other side because for 40 years they rolled the 
deficits up to a $5.7 trillion mortgage on America's future. We talk 
about giving some tax relief to American taxpayers, but we have a 
disconnect because we talk in this Capitol like it is our money rather 
than theirs.
  Now, the first case of anthrax and the first death of anthrax 
happened in my county, in Palm Beach County, JFK Medical Center. So I 
know firsthand the efforts our local public health officials and the 
CDC and others had in grappling with this emerging concern and 
epidemic, at least at that time, a concern that panicked many 
Americans. And thanks to the gentleman from Ohio (Mr. Regula) and this 
committee, they have added substantially to the budgets for the Centers 
for Disease Control, for Community Health Centers, for the National 
Institutes of Health. In almost every one category we look at, 
significant and substantial increases in every category. Monies for 
special education grants, more money for title I. Prioritizing Reading 
First fully funds the program at the requested level of $1.15 billion. 
Improving teacher quality. It is not about how many teachers we have. 
It is the quality of those teaching. My father was a teacher and 
principal in the public school systems, so I know a little bit of what 
I speak. And when I see the improvements to help teachers grapple with 
the ever-changing dynamics, we are particularly proud of the fact that 
this bill does, in fact, have increased funding. Yes, an increase of 4 
percent from fiscal year 2003.
  Now, I guess if the other side had their choice, it would be 20 
percent; and we would pass the bill on to those same taxpayers that 
they are seeming so critically concerned about when it comes to deficit 
spending. If you are in college and you have a Pell grant, we are 
maintaining that level at the highest maximum grant in the program's 
history. Infectious diseases, enhances CDC resources for preventing and 
controlling emerging infectious diseases.

[[Page 17380]]

Threats such as SARS, West Nile Virus and monkey pox; 24 million of 
new, additional dollars in that category alone. Homeland security, bio-
defense program supported at $1.625 billion dollars in NIH. Ryan White 
increase of $24 million for a total funding of $2 billion.
  How can anyone say this bill does not meet the test of time? Faith-
based and community initiatives increasing the compassion capital fund 
at $50 million, and mentoring children of prisoners at $25 million. 
Abstinence education, which is important.
  So as we scan the bill and as people listen to our voices, I hope 
they will not be dissuaded by some of the harsh rhetoric. Yes, we are 
having some tax relief for taxpayers. We are, in fact, having a chance 
to give those very hardworking Americans a chance to make their ends 
meets, to pay their bills, to be able to spend on their families. I do 
not think that there is anything wrong with a firefighter and a teacher 
who work side by side, husband and wife, who are raising kids, to have 
a little bit of tax relief. In fact, I do not hear anybody from the 
other side of the aisle offering to rebate their tax funds to the 
Treasury. I think it is fair to help balance the budget. I think it is 
fair to help fund programs that are important to America. I think it is 
important to give tax relief to American families.
  I think we can do it all. This is not about single choices. This is 
about balancing our priorities and our needs. This bill, the full 
committee bill on Labor-HHS and Education does that dramatically, does 
it efficiently, does it effectively, and provides for the kind of 
programs that I think Americans have long come to expect of their 
Federal Government.
  Ms. SLAUGHTER. Mr. Speaker, I yield 3 minutes to the gentleman from 
Maryland (Mr. Hoyer), the minority whip.
  Mr. HOYER. Mr. Speaker, I thank the gentlewoman for yielding me time. 
I would ask my friend from Florida to read the administration's 
position on the bill where they say, and I unfortunately do not have 
the time to read, insufficient funding. We fear that we cannot fully 
carry out the administration's request. We believe that Pell grants are 
underfunded. We believe that five or six or seven or eight programs are 
underfunded.
  That is the administration, that is not us, asking that more money be 
spent.
  Mr. Speaker, today the Republican Party might as well admit when the 
television cameras are on and the press and American people are 
watching, it says one thing, but then as soon as the photo 
opportunities are over, it says another. This Labor-HHS-Education 
appropriations bill is an unmitigated betrayal of the bipartisan 
commitment to education in the No Child Left Behind Act. This bill 
falls $8 billion short of the funding authorized in that act signed by 
President Bush, congratulated by President Bush, and promised by 
President Bush to America and to the States, an increase that after 
inflation is tantamount to a funding freeze.
  Just 2 months ago in the conference report on the Republican budget, 
this Republican majority promised a $3 billion increase for the 
Department of Education. That is not what we said we ought to spend. 
That is what you said you ought to spend. Today, it has underfunded 
that commitment by $700 million on the promise they made 90 days ago, 
the smallest percentage increase in 8 years. Just 2 months ago, this 
Republican majority promised to increase IDEA funding by $2.2 billion. 
Today it would provide less than half of that promise made less than 3 
months ago.

                              {time}  1630

  This Republican majority promised to increase title I by $1 billion. 
Today, it would provide $334 million less than promised.
  This bill abandons the commitments to the No Child Left Behind Act. 
It cuts low-income heating assistance, slashes unemployment programs, 
and breaks our commitment to face the nursing shortage.
  The majority's refusal to allow the gentleman from Wisconsin (Mr. 
Obey) to offer two amendments tells us precisely where its priorities 
lie. It lies with America's millionaires, not the millions of children 
that will be left behind by the failure on this bill.
  They would give a tax cut, the Obey amendment, hear me now, the Obey 
amendment would give a tax cut for people making more than $1 million a 
year of $44,000. That is more than over half of what Americans make in 
a year. That is what the Obey amendment would do, give them a $44,000 
tax cut instead of $88,000.
  Let us put our priorities where our hearts are said to be. Vote 
against this rule. Vote against this bill.
  Ms. PRYCE of Ohio. Mr. Speaker, we reserve our time on this side for 
the time being.
  Ms. SLAUGHTER. Mr. Speaker, I yield 2 minutes to the gentleman from 
Massachusetts (Mr. McGovern).
  Mr. McGOVERN. Mr. Speaker, I rise in opposition to this rule and in 
opposition to the Labor-HHS-Education appropriations bill.
  This bill shortchanges the American people in so many ways it is 
difficult to keep track of them all: the No Child Left Behind Act, $8 
billion short; the Individuals With Disabilities Act, $1.2 billion 
short. It cuts LIHEAP funding below $200 million this year. It freezes 
the Maternal and Child Health Block Grant and the Childhood 
Immunization Program. It cuts health professions funding, money used to 
train doctors and nurses, by $30 million.
  When our States are being forced to cut their education budgets, this 
bill freezes the maximum Pell grant and all other forms of Federal 
student financial aid.
  What are we doing here, Mr. Speaker? I will tell my colleagues what 
this bill is going to do to Massachusetts. The children of 
Massachusetts will lose over $130 million in title I grants for what 
was promised in the No Child Left Behind Act. Children with 
disabilities in Massachusetts will lose over $29 million in IDEA grants 
below what was promised. Massachusetts will lose $6.3 million in 
teacher quality grants. UMass Memorial Healthcare will lose millions of 
dollars that the hospital uses to train doctors who serve in low-income 
areas, and the children of military personnel based in Massachusetts 
will lose $4.8 million in Impact Aid.
  But the majority seems to have little concern for the children of 
Massachusetts or their hardworking parents or for the children and 
families of our country, and children around the world are not treated 
much better. This bill will cut the International Labor Affairs funding 
from $147 million to $12 million. The only purpose of that office is to 
help end the abuse of child labor around the world.
  It is too bad that the children in my district and the children 
across the country and the children around the world do not make 
millions of dollars in dividend income. If they did, the Republicans 
would find the money to take care of them.
  Mr. Speaker, this appropriations bill is a scandal, and our children 
deserve much more than a list of broken promises. I urge my colleagues 
to vote ``no'' on the previous question, to give the gentleman from 
Wisconsin (Mr. Obey) the opportunity to fix this mess. If that fails, I 
urge a ``no'' vote on the rule and a ``no'' vote on the bill.
  Ms. SLAUGHTER. Mr. Speaker, I yield 4\1/2\ minutes to the gentleman 
from Massachusetts (Mr. Frank).
  Mr. FRANK of Massachusetts. Mr. Speaker, I am always glad to be 
present at the annual exhibit of inconsistency on the Republican side. 
When we talk about this bill, first of all, they denounce us for 
claiming that additional funding is important in showing we support 
programs. They then go on to brag about how much additional funding 
they have provided for the programs.
  I must say I sometimes do agree that simply throwing money at 
problems is not necessarily a good idea. I just wish I was not one of 
the only few Members who thought that yesterday when we did $400 
billion in about 3 minutes for the Defense Department, not all of which 
is exquisitely well spent.
  Here, as I said, they brag about how much they spend and then try to 
denigrate spending as a measure. Dollars are not some totem. They are a 
measure of resources, and the dollars we

[[Page 17381]]

make available are the resources we are making available.
  As was pointed out previously, it is the Bush administration that is 
disappointed in many aspects of this bill, and I am quoting them 
directly. I am reading the statement of administration policy. There is 
six disappointeds, eight underfundeds and a lot of other negative 
words, but here is the one that I think most impressive to those 
advertisers of compassion on the other side.
  The committee reduced the administration's request for the Social 
Security Administration by $168 million. Without these resources, SSA 
may not be able to reverse the steady increase in the backlog of 
disability claims.
  Understand what the Bush administration has said. Vote for this bill 
and we will almost certainly increase the backlog of our disabled 
fellow citizens who cannot get money on which to live. Yeah, I think 
more money would be a good thing here. I agree with the administration. 
Let us understand what is at stake here.
  The chairman of the Committee on Rules said he congratulated the 
chairman of the appropriations subcommittee, who I must say many of us 
admire and do not want to get him in trouble by expressing how much we 
sympathize with the dilemma that he is in; but revealingly, the 
chairman of the Committee on Rules said he credited the chairman of the 
appropriations subcommittee for agreeing to abide by these constraints. 
Good for him, he agreed to abide by these constraints.
  Let us technically point out, and I love the gentleman, I know what 
pressure he is under, but he voted for these constraints he is abiding 
by. They talked about the Federal budget as if it had descended from 
the sky, the House budget resolution; and somehow these wonderful 
people in the House who would really love to help not build up the 
backlog on disability found themselves constrained by this thing called 
the budget. Apparently it came in a horror movie, stepped off the 
screen and it constrained them. They voted for it. They imposed this 
restriction on themselves, and that is the game we are playing.
  We have the Republican majority first say in the specifics that they 
are for a lot of programs. Then to pay for the tax cut, what happens is 
this, they go to these constituencies and tell them how much they 
support these programs. They then give into ideological pressure and 
vote for very large tax cuts while we are fighting two wars.
  Now, the notion that we can finance two wars with three tax cuts has 
not previously been known in human history; but having done that, they 
are now unable to fund the programs that they told people they loved. 
So what do they do? They pass a tax cut. Then they pass a rule which 
does not allow them to consider the tax cut when they vote to underfund 
the programs. This is a perfect example of tying their own hands.
  It is what I have called before the reverse Houdini. Unlike Houdini, 
who was tied in knots and had as his act getting out of the knots, my 
Republican colleagues, particularly those compassionate ones, tie 
themselves in knots and then their public act is to say, boy, would I 
love to help you if I was not tied up in these knots. Well, it is the 
tax cut that keeps you from funding Social Security so that you do not 
get the build-up in disability that the President talks about. It is 
the tax cut that you voted for.
  What we are asking for is let us do priorities. Let us not have the 
tax cut done months ago, a budget done months ago, and now act as if 
those things which you voted for and you gave us are somehow acts of 
God that bind us. Let us reopen this and let us deal as rational human 
beings. Let us put on the one side Social Security disability and the 
other important programs, Downs Syndrome, et cetera; and let us put on 
this side the tax cut for the rich, and let us make rational decisions 
about which is more important.
  Ms. PRYCE of Ohio. Mr. Speaker, may I inquire as to the time 
remaining.
  The SPEAKER pro tempore (Mr. Bass). The gentlewoman from Ohio (Ms. 
Pryce) has 12\1/2\ minutes remaining. The gentlewoman from New York 
(Ms. Slaughter) has 6\1/2\ minutes remaining.
  Ms. PRYCE of Ohio. Mr. Speaker, I reserve the balance of my time.
  Ms. SLAUGHTER. Mr. Speaker, I yield 1 minute to the gentlewoman from 
California (Mrs. Tauscher).
  Mrs. TAUSCHER. Mr. Speaker, I thank the gentlewoman for yielding me 
the time.
  Mr. Speaker, the funding level in the Labor-HHS-Education 
appropriations bill is woefully insufficient. It fails to meet the 
needs of school, and our children will end up paying the price. While 
the majority has talked again and again about reforming and improving 
education, they have not provided the funds to do so.
  This bill underfunds Impact Aid for school districts that are serving 
our military families in this country by $583 million that are required 
by the No Child Left Behind Act. It is irresponsible to take credit for 
passing the No Child Left Behind Act, but then refuse to provide the 
money to fund the programs, especially to the level that Congress and 
the President committed to just 2 years ago.
  There are thousands of men and women from my district at Travis Air 
Force Base who deserve to have better schools for their children while 
they are fighting in Operation Iraqi Freedom. They deserve a top-notch 
education for their kids.
  I urge my colleagues to oppose the rule for the Labor-HHS-Education 
appropriations bill and demand that we fully fund Impact Aid.
  Ms. PRYCE of Ohio. Mr. Speaker, I yield 3 minutes to the gentleman 
from California (Mr. Cunningham).
  Mr. CUNNINGHAM. Mr. Speaker, I am proud of the gentleman from Ohio 
(Mr. Regula) and what we have done. These are considerable tough times, 
and it is not due to a tax break ``for the rich'' that the left on 
every bill states, but you can never spend enough money; but I think we 
have done a pretty good job.
  If we take a look at, for example, IDEA was mentioned. I was a 
subcommittee chairman, and we authorized IDEA when we were in the 
minority. The maximum was 6 percent funding that the Democrats ever put 
forth for IDEA, 6 percent. We are up to over 18 percent since we have 
taken the majority.
  Title I, we have increased the funding for title I; and Mr. Speaker, 
I sorely resent comments from the left that state that the only thing 
we want to do is help the rich.
  I am dedicated on education and medical research; and I work very, 
very hard in that direction. What I am upset at, the money that we 
raise for California not only in formula but for the additional funds 
that we are sending California for title I, Governor Gray Davis is 
taking the additional money that we sent to California and putting it 
in county mental health. He has taken away the money.
  When they talk about tax rates for the rich, in 1993, when they had 
the majority, they taxed the middle class when they said they would 
not, and they said well, only Democrats voted for that, no Republicans. 
Why did Republicans not vote for that tax increase? They cut military 
COLAs, which they demagogue every day on this floor. They cut veterans 
COLAs, which they demagogue. They increased the tax on Social Security, 
and they took every dime out of the Social Security trust fund, and 
they taxed the middle class the highest tax ever, which also hurt the 
military. There is no occasion they want tax relief. They always want a 
tax increase for additional spending and big government programs.
  New York cost $200 billion just to rebuild. That does not include $83 
billion just in lost revenue; and then we look at the airline industry, 
we look at the hotel industry, we look at the stock market and what has 
happened. Yes, there is depreciation of funds along with the war on 
terrorism. Maybe we can take the money back from New York and fund all 
these programs. I do not want to do that because they needed that 
money, but for that other side

[[Page 17382]]

and the left to come out and say that Republicans only care about the 
rich, it hurts because they know it is not true, but it is political 
gamesmanship before an election.
  Ms. SLAUGHTER. Mr. Speaker, I yield 1 minute to the gentleman from 
Wisconsin (Mr. Obey).
  Mr. OBEY. Mr. Speaker, I just want to correct something the gentleman 
just said.
  The fact is, going all the way back to 1978, there has never been a 
year when the Democratically controlled Congress provided a federal 
contribution for IDEA less than 7\1/2\ percent. In fact, in 1979 it was 
12\1/2\ percent; in 1983, 9\1/2\ percent.
  The fact is everybody understands, this is the same Republican 
majority that tried to eliminate the Department of Education, that 
tried to shut the government down in order to force deep cuts in 
education. They had to be dragged kicking and screaming into supporting 
education increases in 5 out of the last 6 years, and now they are 
taking credit for the funding increases which the Democrats forced on 
them mostly during the Clinton years.
  I do not mind them rewriting history, but I certainly hope they do 
not expect us to believe it.
  Ms. PRYCE of Ohio. Mr. Speaker, I yield 30 seconds to the gentleman 
from California (Mr. Cunningham).
  Mr. CUNNINGHAM. Mr. Speaker, the maximum amount that the Democrats, 
when we were in the minority, ever funded IDEA was 6 percent. 
Regardless of the percentage that they increased it, the total amount 
was 6 percent. We are up to 18 percent. Do not try and rewrite history.

                              {time}  1645

  Ms. SLAUGHTER. Mr. Speaker, I yield 1 minute to the gentlewoman from 
California (Ms. Pelosi), the minority leader.
  Ms. PELOSI. Mr. Speaker, I thank the gentlewoman for yielding me this 
time and for her leadership in managing the rule on this very difficult 
bill.
  Mr. Speaker, I rise in strong opposition to the previous question and 
to making the Obey amendment in order. I thank the gentleman from 
Wisconsin (Mr. Obey) for his great leadership for America's children 
and families and for his giving us an opportunity today to reverse a 
decision that the Republican leadership has made that is detrimental to 
those children and those families.
  I do this with great regret, Mr. Speaker, because I have the deepest 
admiration, and he knows it, for the chairman of the subcommittee, the 
gentleman from Ohio (Mr. Regula). I had the privilege of serving under 
his leadership on the committee and watched him in action for a number 
of years. I know that his priorities are in the right place. 
Unfortunately, the priorities of this bill are not in the right place. 
And how could they be when the Republicans in the weeks leading up to 
now have bled, have starved the budget of the resources to meet the 
needs of America's children.
  The previous speaker said, oh, you never have enough money. This is 
not about endless money. This is about money promised by President Bush 
in the Leave No Child Behind bill. Instead, the legislation that will 
come before us under this rule, if this rule passes, would leave 
millions of children behind because of the $8 billion shortfall in the 
President's own Leave No Child Behind bill.
  We see here a continuation of the pattern of the credibility gap, of 
the rhetoric, versus the harsh realities of the budget, and those 
realities are made all the more harsh because of the tax cut. The 
gentleman from Wisconsin gives us an opportunity this afternoon to 
correct the situation, somewhat.
  The Obey amendment would simply say that if you make $1 million a 
year, your tax cut will be $44,000 a year instead of $88,000 a year. 
That is an additional tax cut. With that money, we can put around $5 
billion into the Labor-HHS bill and help to redress some of the 
shortfalls contained herein, and also help with children's health in 
addition to the education provisions.
  Earlier today, the Democratic staff of the Committee on 
Appropriations in our office put forth a report, which I hope that 
everyone will take advantage of, which is entitled GOP Funding Bill 
Shortchanges America's Children by Underfunding Key Education 
Priorities. Instead of giving $88,000 and instead giving $44,000 to 
those making $1 million a year, we can instead fund the following 
programs. And let me just talk about how the GOP shortchanges children, 
and then we can talk about redressing it.
  The Republican Labor-HHS bill cuts education for America's children 
by a total of $9.2 billion below the levels authorized by the 
President's No Child Left Behind Act and the IDEA Reauthorization Act, 
with the key highlights as follows: IDEA, funding for children with 
special needs. Parents, children, school districts, teachers, anyone 
concerned about education throughout the country are crying out for the 
Federal Government to keep its promises to children with special needs. 
As a result of this bill, America's children with disabilities will 
lose $1.2 billion in IDEA grants below the level promised in the 
Republican IDEA Reauthorization Act. In their own bill. The rhetoric, 
the reality, the harsh credibility gap.
  Shortchanging after-school learning opportunities. As a result of the 
GOP bill, America's children will lose $750 million in after-school 
program funding below the level called for in the No Child Left Behind 
bill, the President's own No Child Left Behind bill.
  Failing to fund highly qualified teachers in every classroom. Under 
the bill, America's teachers will lose $350 million in teacher quality 
grants below the level called for in the President's No Child Left 
Behind bill. It goes on and on and on.
  Sadly, as my colleague, the gentlewoman from California (Ms. 
Tauscher), mentioned, as a result of this bill, America's children will 
lose $583 million in Impact Aid grants below the level authorized. And 
this is for children of military personnel, another blow to military 
personnel and their children. As you know, they do not make enough and 
are unworthy of the expanded tax credit, but that is another bill, 
another day. Part of the pattern, however.
  The list goes on and on about how the GOP funding bill shortchanges 
children in America, and we have it broken down State by State for 
those who are interested in this information. So I thank the gentleman 
from Wisconsin for giving us an opportunity to correct some of that. 
But this is tragic.
  Education does more for our economy, educating American people, early 
childhood, K through 12, higher education, postgrad, lifetime learning 
for our workers does more for our economy than any tax cut, tax credit, 
tax gimmick, tax break that you can name. It returns more money to the 
Treasury than anything you can name. It is more dynamic, to use the 
Republican word in budgeting, than any initiative you can name. It is 
also not only good for our economy, it is fundamental to our democracy 
to have an informed population, an educated population. It is good for 
our international competitiveness as well. But most of all, it is 
important to the self-fulfillment of our children.
  And so we have a series of broken promises that the Obey amendment 
would correct. This is a defining vote for the Republican Party. If 
they vote for this bill, then all the statements that they make 
claiming to support education are simply unreal. Republicans cannot 
proclaim their commitment to our Nation's schools and then withhold 
their support for funding to the level that the President has in his 
own bills. They cannot tell our children and parents, we care about 
schools, and then watch our decaying classrooms fill with greater 
numbers of unprepared children.
  Kids are so smart. You cannot tell children that education is 
important to their self-fulfillment and to their lives and to their 
livelihood later in life, you cannot tell them it is important that 
they should place a value on it if we do not place a value on it. 
Children get a mixed message when they hear us say it is important, but 
not important enough for us to give you the smaller

[[Page 17383]]

classes, indeed the smaller schools that all the scientific evidence 
says is good for you; that we do not give you the schools that are 
wired for the future; the after-school programs, the qualified 
teachers, the funding for disadvantaged children and the funding for 
children with disabilities. If it is important, then it should be 
important in our spending priorities as well as in our investments.
  Just 3 months ago the Republican budget resolution promised $1 
billion for Title I, but the bill on the floor today falls $334 million 
short of this promise, denying quality instruction to 140,000 
disadvantaged schoolchildren. The Republican budget resolution also 
promised a $2 billion increase for special education, but this 
appropriation bill, as I mentioned earlier, provides $1 billion, a 55 
percent discrepancy between what they promised and what they propose to 
deliver. The Obey amendment provides the full amount promised in the 
budget resolution for both Title I and special education.
  This is a great bill, usually. This is a great opportunity. In our 
service on that committee, anyone who ever served there always called 
this the people's bill. It dealt with Labor, Health and Human Services, 
and Education. It is lamb-eat-lamb. There is no place to go get money 
in the bill to correct some of the mistakes in it, because everything 
in the bill is good. And under these circumstances, everything is being 
starved, so you have to put additional funding in the bill.
  The gentleman from Wisconsin has given us a way to do that. Without 
his correction, we are stuck. We are stuck with a bad bill that is 
underfunded, leading to underinvestment in our children's education.
  And in terms of other aspects of the bill, in terms of health, 
patients and advocates for cancer, diabetes, Alzheimer's and AIDS have 
all been clear: We must strongly support increased research at the 
National Institutes of Health. The fruits of medical research are truly 
miraculous. Despite this proven record of success and the opportunity 
to fund vital research, the Republican bill provides the smallest 
increase for NIH in more than 15 years. The only amendment provides 
substantially more funding to advance the science that is helping us 
find cures.
  Mr. Speaker, in conclusion, I want to say that the Obey amendment 
helps Republicans keep their own promises and takes advantage of 
important opportunities to help the American people. The Republican 
leadership should be thanking the gentleman from Wisconsin. They should 
be thanking him. Instead, they will not even allow a vote on his 
proposal. What are they afraid of? Are they afraid that they are going 
to have to shrink one of their big tax cuts in order to invest in 
America's children? Probably.
  I urge my colleagues to vote ``no'' on the previous question and vote 
to support the Obey amendment.
  Ms. PRYCE of Ohio. Mr. Speaker, I yield 1 additional minute to the 
gentleman from California (Mr. Cunningham).
  Mr. CUNNINGHAM. Mr. Speaker, it is almost laughable. The gentlewoman 
from California talks about Republicans cutting education. Well, we 
have increased education higher than they ever did.
  Mr. Speaker, they cannot stand it. The Republicans have taken over 
the issue of education and prescription drugs, and they just cannot 
stand it. It is killing them.
  The gentlewoman talks about the poor military. In 1993, the 
gentlewoman from California voted to cut military COLAs when they were 
on food stamps. She voted to cut veterans' COLAs. She voted to increase 
the tax on Social Security and take the money out of the Social 
Security Trust Fund. The gentlewoman from California's highest rating 
on defense is 36 percent. Her average is 16 percent. Sixteen percent.
  I would say to the gentlewoman from California, if she is so 
interested in helping the military, two-thirds of a military bill is 
pay and allowances.
  Ms. SLAUGHTER. Mr. Speaker, I yield 30 seconds to the gentlewoman 
from California (Ms. Pelosi) for a response.
  Ms. PELOSI. Mr. Speaker, I said the other night in the debate on 
Medicare that on this floor of the House people can misrepresent the 
facts, and that is okay; but if you call them on it, you can be 
questioned on questioning the veracity of your colleague.
  Well, I seriously not only question the veracity of my colleague, I 
challenge him, because I have voted for every defense bill practically 
since I have been here. And the gentleman from Pennsylvania (Mr. 
Murtha), my colleague, can testify to that, as can all of the chairmen 
of the Committee on Appropriations Subcommittee on Defense. So either 
the gentleman knows not of what he speaks, or he seriously is 
misrepresenting the facts.
  Ms. PRYCE of Ohio. Mr. Speaker, I am most pleased to yield such time 
as he may consume to the gentleman from Ohio (Mr. Regula), my 
distinguished colleague, the dean of the Ohio delegation, and the 
chairman of the Subcommittee on Labor, Health and Human Services, who 
has done such great work to bring this bill to the floor of the House.

                              {time}  1700

  Mr. REGULA. Mr. Speaker, I want to say to the gentlewoman from 
California (Ms. Pelosi) that she made two statements I agree with. She 
said this is a good bill, perhaps not as much as they would like, but 
it is good given the constraints we have; and, secondly, education is a 
high priority. We agree it is a high priority, so much so in the last 8 
years we have doubled the money that went to education, and we have 
tripled the money for the special needs children. Members need to keep 
that in mind.
  Also, keep in mind we are not debating a tax bill. That is behind us. 
That was a Committee on Ways and Means issue. We are debating a bill 
within the budget constraints given to us, an allocation which is about 
$138 billion. We have tried, and I want to say that the minority 
members as well as the majority members had input in trying to allocate 
the priorities and the resources in the best possible way.
  Now, we have heard about the letter from the administration, and I 
understand that because the administration has priorities that are 
somewhat different than the Members of this House. But if I read the 
Constitution correctly, the House of Representatives has the 
responsibility for setting policy, not executing it, but setting it. So 
if there is some difference, it is because we reflect 435 Members' 
priorities and 280 million people. This literally is the people's 
House. As such, in this bill we have tried to reflect the things that 
are important to the people of this Nation given the constraints.
  I want to say for the gentleman from Florida (Mr. Young), the 
gentleman worked diligently to get some additional funding so we could 
meet the needs of the people of this Nation. I think we should not lose 
sight of that. This is a good bill. I hope all Members between now and 
tomorrow will familiarize themselves with what is in this bill. A 
``no'' vote will be a vote for $1 billion less for special needs 
children. A ``no'' vote will be a vote against $680 million give or 
take for education. A ``no'' vote will be a reduction in impact aid, 
and on and on. It will be a reduction in an amount for NIH.
  Let me point out that it was this Republican majority that doubled 
the NIH budget over a period of 5 years. They have the highest number 
of projects, research projects, ever in history, something like 34,000 
grants that have been made to do research on the medical health of this 
Nation. Let us remember that a lot of good things were done. This bill 
does have hope, and it has compassion; and that is our responsibility, 
to give the people of America hope that there will be better things 
ahead, and it does, and that we have compassion.
  I do not want to debate totally the bill tonight, we will have plenty 
of time for that tomorrow, but I just point out that our colleagues 
both on the majority and the minority side will familiarize themselves 
with what this bill does. We tried to be fair and I think the minority 
members of the subcommittee will agree that every opportunity was made 
to have witnesses

[[Page 17384]]

and hear testimony from all aspects of America. If Members could sit in 
the hearing room and see the row of wheelchairs and needs of kids, we 
have tried to address that. We probably had more hearings than any 
other subcommittee because we are trying to represent the problems that 
challenge 280 million Americans, whether it is health care, whether it 
is people who have lost their job and want an opportunity to get some 
new skills, or whether it is the education needs of our young people. I 
think we have reflected that. It is the people's bill.
  Mr. Speaker, I would point out again that we have doubled education 
in the last 8 years. We have tripled the money that goes to special 
needs. We have increased the commitment to math and science. We have 
heard a lot about that, that we need more math and science teachers; 
and we have addressed that in the bill. We have addressed the fact that 
we need more highly skilled teachers in the classroom. We all can see 
that classroom teachers can make a world of difference. We have 
recognized that in the bill that is before Members.
  I would point out that in terms of NIH, we have recognized their 
needs. Actually, a lot of construction is taking place out there, so we 
have focused resources, given a 6 percent increase in program funding, 
which is an important element to ensure that the requests that come to 
NIH for research can be met. That is why we have the greatest number of 
research projects going on right now in the history of NIH. That is a 
tribute to the Republican leadership in doubling the budget of NIH.
  The Centers for Disease Control, we put substantial increases there 
because that agency has a special responsibility in terms of homeland 
security; and they are addressing it, and they recognize that 
infectious diseases are a real threat to this Nation. A former Senator 
said at a breakfast I was at that the greatest threat is bioterrorism, 
and we have tried to recognize that by giving CDC a substantial 
increase in funding. CDC is the watchdog in the sense that they are 
always looking out to keep these things away from America's shores and 
to give help to others.
  One of the things that we are trying to do with this bill is to 
streamline the health care delivery system. We have said let us make it 
seamless, every way from CDC to the local State health agencies to the 
local agencies so if there is a problem in a community, there is an 
immediate response all the way to CDC. Again, we are putting a 
protection in place for the health of American citizens.
  As far as job training, in this bill we increase the amount that goes 
to the Department of Labor to help the communities across the Nation 
have job training programs so they will be able to help those that are 
displaced because of imports, because of a shifting consumer market in 
products, again a recognition of the needs of people. This really is a 
people's bill. This really is a fair balance. I do not think that it is 
partisan. I think in constructing this we took the $138 billion that 
were available and said what can we do in the fairest possible way to 
meet the needs of education, health research and to meet the needs of 
those who need job retraining. I hope Members in the minority will look 
at what is in this bill and realize how valuable it is to the American 
people, and they will think twice before they vote against all of these 
programs that are very important to the people of this Nation.
  Ms. SLAUGHTER. Mr. Speaker, I yield to the gentleman from Wisconsin 
(Mr. Obey) for a unanimous consent request.
  (Mr. OBEY asked and was given permission to revise and extend his 
remarks, and to insert tabular material.)
  Ms. SLAUGHTER. Mr. Speaker, I yield myself such time as I may 
consume.
  Mr. Speaker, we have a rather strange procedure going on here. We are 
going to be called in to vote on the previous question on one rule and 
on the rule for legislative branch. I do not know in what order, but I 
want to give a little talk about this.
  First, I want to urge Members to vote ``no'' on the previous question 
on the HHS bill. If that previous question is defeated, I will offer an 
amendment to the rule that will make in order the Obey substitute to 
restore funding for the numerous programs which have been shortchanged 
in this bill. It will also make in order the Obey amendment to restore 
cuts to States for their child health care programs under Medicaid and 
SCHIP. Both of these amendments were submitted to the Committee on 
Rules last night and rejected by the majority.
  H.R. 2660 provides funding for some of our most vital services, 
services that touch the lives of every American family, from education 
to preschoolers, from low-income families to college tuition 
assistance, to Meals on Wheels for the elderly and medical research; 
and as critical as they are, we have drastically underfunded them in 
this bill. The Obey substitute will help restore some of the 
desperately needed funds.
  The second Obey amendment will help financially strapped States 
provide child health care to the uninsured children. The cost of both 
of the amendments will be offset by reducing the 2004 tax cuts for 
those with incomes in excess of $1 million, cutting their tax break 
from $88,000 to $44,000. We believe the millionaires can spare a few 
dollars to help restore the funding.
  Whether or not Members are Republicans or Democrats, they should be 
concerned about the lack of an adequate funding for the critical 
programs and services in this bill. Virtually every American is 
affected by this bill, whether it is health care, education, medical 
research for the elderly, LIHEAP, so on. The Obey amendments would help 
fix the terrible funding deficiencies in the bill and help States 
provide health care to children who are not covered by health 
insurance. Again, they would do so with no additional cost to the 
deficit.
  I urge Members on both sides of the aisle to vote ``no'' on the 
previous question. A ``no'' vote will not stop the House from taking up 
the Labor-HHS-Education appropriations bill, but a ``yes'' vote will 
prevent the House from considering the important amendments. Please 
vote ``no'' on the previous question.
  Mr. Speaker, I need to explain that we have another vote coming up on 
another appropriations bill. That is the rule for the Legislative 
Branch Appropriations Act, which we hope will come first. We are not 
certain. We are urging a ``yes'' vote on that rule so that Members can 
go on record of voting to self-execute out the language that was put 
into the bill by unknown persons or persons unknown which would expand 
dental and vision coverage for Members and employees of the House. 
Again, we urge a ``yes'' vote on that to go on record to self-execute 
that, and a ``no'' vote on the previous question, which we believe will 
be called first.
  I ask unanimous consent that the text of the amendments be printed in 
the Record immediately prior to the vote on the previous question.
  The SPEAKER pro tempore (Mr. Sweeney). Is there objection to the 
request of the gentlewoman from New York?
  There was no objection.
  Ms. PRYCE of Ohio. Mr. Speaker, I yield myself such time as I may 
consume.
  Mr. Speaker, in closing, this really is the Hope Act. This bill will 
provide the needed funding to supply people with new skills and new 
opportunities, hope for a better job. It will lay the groundwork for 
new medical cures, hope for the gift of life, and it will provide for 
stronger schools and a better education, hope for a brighter future. 
The message is clear and our commitment is unwavering. Quality 
education and health care, safe work environments and secure jobs, 
these are our goals and are reflected in this funding package. I urge 
my colleagues to support this open rule and adopt this important 
legislation.
  The material previously referred to by Ms. Slaughter is as follows:

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

          Fiscal Year 2004 Labor/HHS/Education Appropriations

       At the end of the resolution, add the following:

[[Page 17385]]

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

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

       Strike all after the enacting clause and insert the 
     following:

     That the following sums are appropriated, out of any money in 
     the Treasury not otherwise appropriated, for the Departments 
     of Labor, Health and Human Services, and Education, and 
     related agencies for the fiscal year ending September 30, 
     2004, and for other purposes, namely:

                      TITLE I--DEPARTMENT OF LABOR

                 Employment and Training Administration


                    Training and Employment Services

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


            Community Service Employment for Older Americans

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


              Federal Unemployment Benefits and Allowances

       For payments during the current fiscal year of trade 
     adjustment benefit payments and allowances under part I; and 
     for training, allowances for job search and relocation, and 
     related State administrative expenses under part II, 
     subchapters B and D, chapter 2, title II of the Trade Act of 
     1974, as amended (including the benefits and services 
     described under sections 123(c)(2) and 151(b) and (c) of the 
     Trade Adjustment Assistance Reform Act of 2002 (Public Law 
     107-210)), $1,338,200,000, together with such amounts as may 
     be necessary to be charged to the subsequent appropriation 
     for payments for any period subsequent to September 15 of the 
     current year.


     State Unemployment Insurance and Employment Service Operations

       For authorized administrative expenses, $142,520,000, 
     together with not to exceed $3,472,861,000 (including not to 
     exceed $1,228,000 which may be used for amortization payments 
     to States which had independent retirement plans in their 
     State employment service agencies prior to 1980), which may 
     be expended from the Employment Security Administration 
     Account in the Unemployment Trust Fund including the cost of 
     administering section 51 of the Internal Revenue Code of 
     1986, as amended, section 7(d) of the Wagner-Peyser Act, as 
     amended, the Trade Act of 1974, as amended, the Immigration 
     Act of 1990, and the Immigration and Nationality Act, as 
     amended, and of which the sums available in the allocation 
     for activities authorized by title III of the Social Security 
     Act, as amended (42 U.S.C. 502-504), and the sums available 
     in the allocation for necessary administrative expenses for 
     carrying out 5 U.S.C. 8501-8523, shall be available for 
     obligation by the States through December 31, 2004, except 
     that funds used for automation acquisitions shall be 
     available for obligation by the States through September 30, 
     2006; of which $142,520,000, together with not to exceed 
     $768,257,000 of the amount which may be expended from said 
     trust fund, shall be available for obligation for the period 
     July 1, 2004 through June 30, 2005, to fund activities under 
     the Act of June 6, 1933, as amended, including the cost of 
     penalty mail authorized under 39 U.S.C. 3202(a)(1)(E) made 
     available to States in lieu of allotments for such purpose: 
     Provided, That to the extent that the Average Weekly Insured 
     Unemployment (AWIU) for fiscal year 2004 is projected by the 
     Department of Labor to exceed 3,227,000, an additional 
     $28,600,000 shall be available for obligation for every 
     100,000 increase in the AWIU level (including a pro rata 
     amount for any increment less than 100,000) from the 
     Employment Security Administration Account of the 
     Unemployment Trust Fund: Provided further, That funds 
     appropriated in this Act which are used to establish a 
     national one-stop career center system, or which are used to 
     support the national activities of the Federal-State 
     unemployment insurance programs, may be obligated in 
     contracts, grants or agreements with non-State entities: 
     Provided further, That funds appropriated under this Act for 
     activities authorized under the Wagner-Peyser Act, as 
     amended, and title III of the Social Security Act, may be 
     used by the States to fund integrated Employment Service and 
     Unemployment Insurance automation efforts, notwithstanding 
     cost allocation principles prescribed under Office of 
     Management and Budget Circular A-87.


        Advances to the Unemployment Trust Fund and Other Funds

       For repayable advances to the Unemployment Trust Fund as 
     authorized by sections 905(d) and 1203 of the Social Security 
     Act, as amended, and to the Black Lung Disability Trust Fund 
     as authorized by section 9501(c)(1) of the Internal Revenue 
     Code of 1954, as amended; and for nonrepayable advances to 
     the Unemployment Trust Fund as authorized by section 8509 of 
     title 5, United States Code, and to the ``Federal 
     unemployment benefits and allowances'' account, to remain 
     available until September 30, 2005, $467,000,000.
       In addition, for making repayable advances to the Black 
     Lung Disability Trust Fund in the current fiscal year after 
     September 15, 2004, for costs incurred by the Black Lung 
     Disability Trust Fund in the current fiscal year, such sums 
     as may be necessary.


                         Program Administration

       For expenses of administering employment and training 
     programs, $115,824,000, including $2,393,000 to administer 
     welfare-to-work grants, together with not to exceed 
     $56,503,000, which may be expended from the Employment 
     Security Administration Account in the Unemployment Trust 
     Fund.

               Employee Benefits Security Administration


                         Salaries and Expenses

       For necessary expenses for the Pension and Welfare Benefits 
     Administration, $128,605,000.

                  Pension Benefit Guaranty Corporation


               Pension Benefit Guaranty Corporation Fund

       The Pension Benefit Guaranty Corporation is authorized to 
     make such expenditures, including financial assistance 
     authorized by section 104 of Public Law 96-364, within limits 
     of funds and borrowing authority available to such 
     Corporation, and in accord with law, and to make such 
     contracts and commitments without regard to fiscal year 
     limitations as provided by section 104 of the Government 
     Corporation Control Act, as amended (31 U.S.C. 9104), as may 
     be necessary in carrying out the program through September 
     30, 2004, for such Corporation: Provided, That none of the 
     funds available to the Corporation for fiscal year 2004 shall 
     be available for obligations for administrative expenses in 
     excess of $228,772,000: Provided further, That obligations in 
     excess of such amount may be incurred after approval by the 
     Office of Management and Budget and the Committees on 
     Appropriations of the House and the Senate.

[[Page 17386]]



                  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 
     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

[[Page 17387]]

     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 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

[[Page 17388]]

     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.


                    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

[[Page 17389]]

     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.


                     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-

[[Page 17390]]

     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 as authorized by law, for 
     payments under the Retired Serviceman's Family Protection 
     Plan and Survivor Benefit Plan, for medical

[[Page 17391]]

     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

[[Page 17392]]

     secure, safe, functional facilities that comply with 
     applicable regulation governing location, setback, and other 
     facilities requirements and serve the purposes established by 
     this Act. The Secretary of Health and Human Services is 
     authorized, in consultation with the Secretary of State, 
     through grant or cooperative agreement, to make available to 
     public or nonprofit private institutions or agencies in 
     participating foreign countries, funds to acquire, lease, 
     alter, or renovate facilities in those countries as necessary 
     to conduct programs of assistance for international health 
     activities, including activities relating to HIV/AIDS and 
     other infectious diseases, chronic and environmental 
     diseases, and other health activities abroad.
       Sec. 215. (a) In addition to the authority provided in 
     section 214, in order for the Centers for Disease Control and 
     Prevention to carry out international health activities, 
     including HIV/AIDS and other infectious disease, chronic and 
     environmental disease, and other health activities abroad 
     during fiscal year 2004, the Secretary of Health and Human 
     Services may exercise authority equivalent to that available 
     to the Secretary of State in section 2(c) of the State 
     Department Basic Authorities Act of 1956 (22 U.S.C. 2669(c)).
       (b) The Secretary of Health and Human Services shall 
     consult with the Secretary of State and relevant Chief of 
     Mission to ensure that the authority provided in this section 
     is exercised in a manner consistent with section 207 of the 
     Foreign Service Act of 1980 (22 U.S.C. 3927) and other 
     applicable statutes administered by the Department of State.
       Sec. 216. The Division of Federal Occupational Health may 
     utilize personal services contracting to employ professional 
     management/administrative and occupational health 
     professionals.
       Sec. 217. (a) CMS Program Management Account.--The amount 
     otherwise provided by this Act for ``Centers for Medicare and 
     Medicaid Services--Program Management'' is hereby reduced by 
     $98,000,000.
       (b) Medicare Claims Processing Fee.--
       (1) In general.--Notwithstanding section 1842(c)(4) of the 
     Social Security Act, each claim submitted by an individual or 
     entity furnishing items or services for which payment may be 
     made under part A or part B of title XVIII of such Act is 
     subject to a processing fee of $2.50 if the claim--
       (A) duplicates, in whole or in part, another claim 
     submitted by the same individual or entity; or
       (B) is a claim that cannot be processed and must be 
     returned by the medicare claims processing contractor 
     involved to the individual or entity for completion or 
     correction.
       (2) Deduction and transfer.--The Secretary of Health and 
     Human Services shall deduct any fees assessed pursuant to 
     paragraph (1) against an individual or entity from amounts 
     otherwise payable from a trust fund under such title to such 
     individual or entity, and shall transfer the amount so 
     deducted from such trust fund to the Program Management 
     account of the Centers for Medicare & Medicaid Services.
       (3) Availability.--Fees collected under this subsection 
     shall remain available until expended. Such fees shall be 
     available for obligation in a fiscal year only in the amount 
     specified in the appropriation Act for such fiscal year.
       (4) Waiver authority.--The Secretary of Health and Human 
     Services may provide for waiver of fees for claims described 
     in paragraph (2) in cases of such compelling circumstances as 
     the Secretary may determine.
       (5) Exclusion of fees in allowable costs.--An entity may 
     not include a fee assessed pursuant to this subsection as an 
     allowable item on a cost report under the Social Security 
     Act.
       (6) Effective date.--This subsection shall apply to claims 
     referred to in paragraph (1) submitted on or after a date, 
     specified by the Secretary of Health and Human Services, that 
     is not later than 3 months after the date of the enactment of 
     this Act.
       Sec. 218. The amount appropriated in this Act for ``Centers 
     for Disease Control and Prevention--Disease Control, 
     Research, and Training'' is hereby reduced by $49,982,000, to 
     be derived from the amounts made available for administrative 
     and related information technology expenses: Provided, That 
     the Director of the Centers for Disease Control and 
     Prevention shall determine the allocation of the reduction 
     among Agency activities, and shall submit to the Committees 
     on Appropriations a report specifying the proposed 
     allocation.
       This title may be cited as the ``Department of Health and 
     Human Services Appropriations Act, 2004''.

                   TITLE III--DEPARTMENT OF EDUCATION

                    Education for the Disadvantaged

       For carrying out title I of the Elementary and Secondary 
     Education Act of 1965 (``ESEA'') and section 418A of the 
     Higher Education Act of 1965, $14,841,311,000, of which 
     $7,277,510,000 shall become available on July 1, 2004, and 
     shall remain available through September 30, 2005, and of 
     which $7,383,301,000 shall become available on October 1, 
     2004, and shall remain available through September 30, 2005, 
     for academic year 2004-2005: Provided, That $7,607,282,000 
     shall be available for basic grants under section 1124: 
     Provided further, That up to $3,500,000 of these funds shall 
     be available to the Secretary of Education on October 1, 
     2003, to obtain updated educational-agency-level census 
     poverty data from the Bureau of the Census: Provided further, 
     That $1,365,031,000 shall be available for concentration 
     grants under section 1124A: Provided further, That 
     $1,920,239,000 shall be available for targeted grants under 
     section 1125: Provided further, That $1,791,759,000 shall be 
     available for education finance incentive grants under 
     section 1125A: Provided further, That $235,000,000 shall be 
     available for comprehensive school reform grants under part F 
     of the ESEA: Provided further, That from the $9,500,000 
     available to carry out part E of title I, up to $1,000,000 
     shall be available to the Secretary of Education to provide 
     technical assistance to State and local educational agencies 
     concerning part A of title I.

                               Impact Aid

       For carrying out programs of financial assistance to 
     federally affected schools authorized by title VIII of the 
     Elementary and Secondary Education Act of 1965, 
     $1,403,324,000, of which $1,192,000,000 shall be for basic 
     support payments under section 8003(b), $66,668,000 shall be 
     for payments for children with disabilities under section 
     8003(d), $54,708,000 shall be for construction under section 
     8007 and shall remain available through September 30, 2005, 
     $72,000,000 shall be for Federal property payments under 
     section 8002, and $17,948,000, to remain available until 
     expended, shall be for facilities maintenance under section 
     8008.

                      School Improvement Programs

       For carrying out school improvement activities authorized 
     by title II, part B of title IV, part A and subpart 6 of part 
     D of title V, parts A and B of title VI, and parts B and C of 
     title VII of the Elementary and Secondary Education Act of 
     1965 (``ESEA''); part B of title II of the Higher Education 
     Act; the McKinney-Vento Homeless Assistance Act; and the 
     Civil Rights Act of 1964, $6,141,812,000, of which 
     $4,490,947,000 shall become available on July 1, 2004, and 
     remain available through September 30, 2005, and of which 
     $1,435,000,000 shall become available on October 1, 2004, and 
     shall remain available through September 30, 2005, for 
     academic year 2004-2005: Provided, That funds made available 
     to carry out part C of title VII of the ESEA may be used for 
     construction: Provided further, That funds made available to 
     carry out part B of title VII of the ESEA may be used for 
     construction, renovation and modernization of any elementary 
     school, secondary school, or structure related to an 
     elementary school or secondary school, run by the Department 
     of Education of the State of Hawaii, that serves a 
     predominantly Native Hawaiian student body: Provided further, 
     That $390,000,000 shall be for subpart l of part A of title 
     VI of the ESEA: Provided further, That no funds appropriated 
     under this heading may be used to carry out section 5494 of 
     the ESEA.

                            Indian Education

       For expenses necessary to carry out, to the extent not 
     otherwise provided, title VII, part A of the Elementary and 
     Secondary Education Act of 1965, $121,573,000.

                       Innovation and Improvement

       For carrying out activities authorized by part G and 
     section 1504 of title I, parts A, C, and D of title II, and 
     parts B, C, and D of title V of the Elementary and Secondary 
     Education Act of 1965, $807,959,000: Provided, That 
     $74,513,000, to become available on July 1, 2004 and remain 
     available through September 30, 2005, for continuing and new 
     grants to demonstrate effective approaches to comprehensive 
     school reform shall be allocated and expended in the same 
     manner as the funds provided under the Fund for the 
     Improvement of Education for this purpose were allocated and 
     expended in fiscal year 2003: Provided further, That up to 
     $1,500,000 of the funds provided under the Advanced 
     Credentialling program may be reserved by the Secretary to 
     conduct an evaluation of the program.

                 Safe Schools and Citizenship Education

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

[[Page 17393]]

     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 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

[[Page 17394]]

     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 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

[[Page 17395]]

     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, 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

[[Page 17396]]

     projects or programs funded in whole or in part with Federal 
     money, all grantees receiving Federal funds included in this 
     Act, including but not limited to State and local governments 
     and recipients of Federal research grants, shall clearly 
     state: (1) the percentage of the total costs of the program 
     or project which will be financed with Federal money; (2) the 
     dollar amount of Federal funds for the project or program; 
     and (3) percentage and dollar amount of the total costs of 
     the project or program that will be financed by non-
     governmental sources.
       Sec. 508. (a) None of the funds appropriated under this 
     Act, and none of the funds in any trust fund to which funds 
     are appropriated under this Act, shall be expended for any 
     abortion.
       (b) None of the funds appropriated under this Act, and none 
     of the funds in any trust fund to which funds are 
     appropriated under this Act, shall be expended for health 
     benefits coverage that includes coverage of abortion.
       (c) The term ``health benefits coverage'' means the package 
     of services covered by a managed care provider or 
     organization pursuant to a contract or other arrangement.
       Sec. 509. (a) The limitations established in the preceding 
     section shall not apply to an abortion--
       (1) if the pregnancy is the result of an act of rape or 
     incest; or
       (2) in the case where a woman suffers from a physical 
     disorder, physical injury, or physical illness, including a 
     life-endangering physical condition caused by or arising from 
     the pregnancy itself, that would, as certified by a 
     physician, place the woman in danger of death unless an 
     abortion is performed.
       (b) Nothing in the preceding section shall be construed as 
     prohibiting the expenditure by a State, locality, entity, or 
     private person of State, local, or private funds (other than 
     a State's or locality's contribution of Medicaid matching 
     funds).
       (c) Nothing in the preceding section shall be construed as 
     restricting the ability of any managed care provider from 
     offering abortion coverage or the ability of a State or 
     locality to contract separately with such a provider for such 
     coverage with State funds (other than a State's or locality's 
     contribution of Medicaid matching funds).
       Sec. 510. (a) None of the funds made available in this Act 
     may be used for--
       (1) the creation of a human embryo or embryos for research 
     purposes; or
       (2) research in which a human embryo or embryos are 
     destroyed, discarded, or knowingly subjected to risk of 
     injury or death greater than that allowed for research on 
     fetuses in utero under 45 CFR 46.208(a)(2) and section 498(b) 
     of the Public Health Service Act (42 U.S.C. 289g(b)).
       (b) For purposes of this section, the term ``human embryo 
     or embryos'' includes any organism, not protected as a human 
     subject under 45 CFR 46 as of the date of the enactment of 
     this Act, that is derived by fertilization, parthenogenesis, 
     cloning, or any other means from one or more human gametes or 
     human diploid cells.
       Sec. 511. (a) None of the funds made available in this Act 
     may be used for any activity that promotes the legalization 
     of any drug or other substance included in schedule I of the 
     schedules of controlled substances established by section 202 
     of the Controlled Substances Act (21 U.S.C. 812).
       (b) The limitation in subsection (a) shall not apply when 
     there is significant medical evidence of a therapeutic 
     advantage to the use of such drug or other substance or that 
     federally sponsored clinical trials are being conducted to 
     determine therapeutic advantage.
       Sec. 512. None of the funds made available in this Act may 
     be obligated or expended to enter into or renew a contract 
     with an entity if--
       (1) such entity is otherwise a contractor with the United 
     States and is subject to the requirement in section 4212(d) 
     of title 38, United States Code, regarding submission of an 
     annual report to the Secretary of Labor concerning employment 
     of certain veterans; and
       (2) such entity has not submitted a report as required by 
     that section for the most recent year for which such 
     requirement was applicable to such entity.
       Sec. 513. None of the funds made available in this Act may 
     be used to promulgate or adopt any final standard under 
     section 1173(b) of the Social Security Act (42 U.S.C. 1320d-
     2(b)) providing for, or providing for the assignment of, a 
     unique health identifier for an individual (except in an 
     individual's capacity as an employer or a health care 
     provider), until legislation is enacted specifically 
     approving the standard.
       Sec. 514. None of the funds made available in this Act may 
     be transferred to any department, agency, or instrumentality 
     of the United States Government, except pursuant to a 
     transfer made by, or transfer authority provided in, this Act 
     or any other appropriation Act.
       Sec. 515. (a) Of the total amount appropriated for 
     ``Education for the Disadvantaged'' in title III of the 
     Departments of Labor, Health and Human Services, and 
     Education, and Related Agencies Appropriations Act, 2003 
     (Pub. L. 108-7, div. G)--
       (1) the portion becoming available on July 1, 2003, is 
     hereby increased by $2,244,000,000; and
       (2) the portion becoming available on October 1, 2003, is 
     hereby reduced by $2,244,000,000.
       (b) The rescission made by section 601 of the Miscellaneous 
     Appropriations Act, 2003 (Pub. L. 108-7, div. N) shall not 
     apply to the amounts of the increase and reduction specified 
     in this section.
       Sec. 516. None of the funds made available by this Act to 
     carry out the Library Services and Technology Act may be made 
     available to any library covered by paragraph (1) of section 
     224(f) of such Act (20 U.S.C. 9134(f)), as amended by the 
     Children's Internet Protections Act, unless such library has 
     made the certifications required by paragraph (4) of such 
     section.
       Sec. 517. None of the funds made available by this Act to 
     carry out part D of title II of the Elementary and Secondary 
     Education Act of 1965 may be made available to any elementary 
     or secondary school covered by paragraph (1) of section 
     2441(a) of such Act (20 U.S.C. 6777(a)), as amended by the 
     Children's Internet Protections Act and the No Child Left 
     Behind Act, unless the local educational agency with 
     responsibility for such covered school has made the 
     certifications required by paragraph (2) of such section.
       Sec. 518. In the case of taxpayers with adjusted gross 
     income in excess of $1,000,000 for the tax year beginning in 
     2003, the amount of tax reduction resulting from enactment of 
     the Jobs and Growth Tax Relief Reconciliation Act of 2003 
     shall be reduced by 32 percent.
       This Act may be cited as the ``Departments of Labor, Health 
     and Human Services, and Education, and Related Agencies 
     Appropriations Act, 2004''.
                                  ____


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

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

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

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

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

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

                             [Roll No. 341]

                               YEAS--223

     Aderholt
     Akin
     Bachus
     Baker
     Barrett (SC)
     Bartlett (MD)
     Barton (TX)
     Bass
     Beauprez
     Bereuter
     Biggert
     Bilirakis
     Bishop (UT)
     Blackburn
     Blunt
     Boehlert
     Boehner
     Bonilla
     Bonner
     Bono
     Boozman
     Bradley (NH)
     Brady (TX)
     Brown (SC)
     Brown-Waite, Ginny
     Burgess
     Burns
     Burr
     Burton (IN)
     Buyer
     Calvert
     Camp
     Cannon
     Cantor
     Capito
     Carter
     Castle
     Chabot
     Chocola
     Coble
     Cole
     Collins
     Cox
     Crane

[[Page 17397]]


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

                               NAYS--200

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

                             NOT VOTING--11

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


                Announcement by the Speaker Pro Tempore

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

                              {time}  1739

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

                          ____________________