[Congressional Record (Bound Edition), Volume 149 (2003), Part 13]
[House]
[Pages 17533-17581]
[From the U.S. Government Publishing Office, www.gpo.gov]




  DEPARTMENTS OF LABOR, HEALTH AND HUMAN SERVICES, AND EDUCATION, AND 
               RELATED AGENCIES APPROPRIATIONS ACT, 2004

  The SPEAKER pro tempore. Pursuant to House Resolution 312 and rule 
XVIII, the Chair declares the House in the Committee of the Whole House 
on the State of the Union for the further consideration of the bill, 
H.R. 2660.

                              {time}  1420


                     In the Committee of the Whole

  Accordingly, the House resolved itself into the Committee of the 
Whole House on the State of the Union for the further consideration of 
the bill (H.R. 2660) making appropriations for the Departments of 
Labor, Health and Human Services, and Education, and related agencies 
for the fiscal year ending September 30, 2004, and for other purposes, 
with Mr. LaTourette in the chair.
  The Clerk read the title of the bill.
  The CHAIRMAN. When the Committee of the Whole rose earlier today, all 
time for general debate had expired.
  Pursuant to the order of the House of today, no amendment to the bill 
may be offered except:
  Pro forma amendments offered by the chairman or the ranking member of 
the Committee on Appropriations, the majority leader or the minority 
leader, or their designees for the purpose of debate; amendments 
printed in the Congressional Record numbered 3, 4, 5 and 8, each of 
which shall be debatable for 10 minutes; the amendment printed in the 
Congressional Record numbered 6, which shall be debatable for 20 
minutes; an amendment by the gentleman from Wisconsin (Mr. Obey) 
regarding overtime regulations, which shall be debatable for 30 
minutes; an amendment by the gentleman from Wisconsin (Mr. Obey) 
regarding SCHIP, which shall be debatable for 10 minutes; an amendment 
in the nature of a substitute by the gentleman from Wisconsin (Mr. 
Obey), which shall be debatable for 10 minutes; an amendment

[[Page 17534]]

by the gentleman from Colorado (Mr. Tancredo) regarding school safety, 
which shall be debatable for 10 minutes; an amendment by the gentleman 
from Maine (Mr. Allen) regarding title I of the Elementary and 
Secondary Education Act, which shall be debatable for 30 minutes; and 
an amendment by the gentleman from Pennsylvania (Mr. Toomey) regarding 
National Institutes of Health grants, which shall be debatable for 20 
minutes.
  Each such amendment may be offered only by the Member designated in 
the request, or a designee, or the Member who caused it to be printed, 
or a designee; shall be considered as read; shall not be subject to 
amendment; and shall not be subject to a demand for a division of the 
question. Each amendment shall be debatable only for the time specified 
equally divided and controlled by the proponent and an opponent. All 
points of order against each of the amendments shall be considered as 
reserved pending completion of debate thereon; and each of the 
amendments may be withdrawn by its proponent after debate thereon.
  The Clerk will read.
  The Clerk read as follows:

                               H.R. 2660

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled, That the 
     following sums are appropriated, out of any money in the 
     Treasury not otherwise appropriated, for the Departments of 
     Labor, Health and Human Services, and Education, and related 
     agencies for the fiscal year ending September 30, 2004, and 
     for other purposes, namely:

                      TITLE I--DEPARTMENT OF LABOR

                 Employment and Training Administration

  Mr. REGULA. Mr. Chairman, I move to strike the last word, and I yield 
to the gentleman from Texas (Mr. Bonilla).
  Mr. BONILLA. Mr. Chairman, I thank the chairman for yielding. I would 
like to take this opportunity to engage in a colloquy with my good 
friend from Ohio, but first I would like to compliment the gentleman 
from Ohio (Chairman Regula) for the incredible work that he has done, 
once again, to put this bill together. He is again, as many have heard 
comments from both sides of the aisle today, one of the most respected 
and admired leaders in this House, and I am just proud to serve with 
him on the Committee on Appropriations.
  The chairman has been a leader and a champion of funding for 
community health centers for many years now, and I appreciate the time 
he has given me on a regular basis to talk about the funding levels 
that are necessary to keep this wonderful program running. The chairman 
knows that the $122 million that is currently included in the bill is 
greatly appreciated. That would bring the fiscal year 2004 total to 
$1.627 billion.
  However, there is great concern that this would not be enough to 
sustain the services at some health care centers, and that, in some 
cases, they could be forced to reduce services to existing patients as 
costs increase around the country. My purpose is simply to engage the 
chairman to ask for his consideration to continue working with us to 
try to increase this number to the level of $225 million.
  It is my understanding that Members of the other body are trying to 
work toward that goal; and if they are successful, we were hoping that 
we could also work in conference down the road to match that level. 
This would enable the program to serve 1.7 million additional patients, 
many of whom are uninsured. We all have examples from around the 
country from our congressional districts. In my case, health centers 
serve more than 28,000 people who would otherwise go without this care. 
We all have seen firsthand the good work that these great health 
centers are doing; and around the country, hundreds of thousands of 
Americans who would have no place else to turn are being served by 
these great people that work in these health centers.
  I would just simply ask the chairman of the subcommittee that he 
would continue to work with us throughout this process to ensure that 
this program is provided an additional $225 million if at all possible 
in the final bill.
  Mr. REGULA. Mr. Chairman, I thank the gentleman for his kind words. 
We have agreed in the subcommittee that health centers are among our 
highest priorities. Since I have become Chair of the committee in 2000, 
we have increased this program by $486 million, or nearly 50 percent. 
We recognize that in too many cases health centers provide the only 
access individuals have to our health care system.
  Obviously, the health centers program within appropriated funds 
cannot solve all of the overall access problems. Nevertheless, with the 
continuing challenges to providing access, we will do our very best 
through the remainder of the process and within fiscal restraints to 
provide further increases for the program. I certainly will be pleased 
to work with the gentleman from Texas to reach that goal.
  Mr. BONILLA. Mr. Chairman, if the gentleman will yield, I thank the 
gentleman from Ohio. Again, I just want to reiterate my gratitude to 
the chairman of the subcommittee for advocating this program and for 
his help not only on this issue, but so many others in the bill.


      Amendment in the Nature of a Substitute Offered by Mr. Obey

  Mr. OBEY. Mr. Chairman, I offer an amendment in the nature of a 
substitute.
  The CHAIRMAN. The Clerk will designate the amendment in the nature of 
a substitute.
  The text of the amendment in the nature of a substitute is as 
follows:

       Amendment in the nature of a substitute offered by Mr. 
     Obey:
       Strike all after the enacting clause and insert the 
     following:

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

                      TITLE I--DEPARTMENT OF LABOR

                 Employment and Training Administration


                    Training and Employment Services

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

[[Page 17535]]

     $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.

                  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

[[Page 17536]]

     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 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

[[Page 17537]]

     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 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

[[Page 17538]]

     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 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

[[Page 17539]]

     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 106-386, 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

[[Page 17540]]

     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 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

[[Page 17541]]

     the Secretary's preparation and submission of a report to the 
     Committee on Appropriations of the Senate and of the House 
     detailing the planned uses of such funds.
       Sec. 206. Notwithstanding section 241(a) of the Public 
     Health Service Act, such portion as the Secretary shall 
     determine, but not more than 1.25 percent, of any amounts 
     appropriated for programs authorized under said Act shall be 
     made available for the evaluation (directly, or by grants or 
     contracts) of the implementation and effectiveness of such 
     programs.


                          (transfer of funds)

       Sec. 207. Not to exceed 1 percent of any discretionary 
     funds (pursuant to the Balanced Budget and Emergency Deficit 
     Control Act of 1985, as amended) which are appropriated for 
     the current fiscal year for the Department of Health and 
     Human Services in this or any other Act may be transferred 
     between appropriations, but no such appropriation shall be 
     increased by more than 3 percent by any such transfer: 
     Provided, That an appropriation may be increased by up to an 
     additional 2 percent subject to approval by the House and 
     Senate Committees on Appropriations: Provided further, That 
     the Appropriations Committees of both Houses of Congress are 
     notified at least 15 days in advance of any transfer.
       Sec. 208. The Director of the National Institutes of 
     Health, jointly with the Director of the Office of AIDS 
     Research, may transfer up to 3 percent among institutes, 
     centers, and divisions from the total amounts identified by 
     these two Directors as funding for research pertaining to the 
     human immunodeficiency virus: Provided, That the Congress is 
     promptly notified of the transfer.
       Sec. 209. Of the amounts made available in this Act for the 
     National Institutes of Health, the amount for research 
     related to the human immunodeficiency virus, as jointly 
     determined by the Director of the National Institutes of 
     Health and the Director of the Office of AIDS Research, shall 
     be made available to the ``Office of AIDS Research'' account. 
     The Director of the Office of AIDS Research shall transfer 
     from such account amounts necessary to carry out section 
     2353(d)(3) of the Public Health Service Act.
       Sec. 210. None of the funds appropriated in this Act may be 
     made available to any entity under title X of the Public 
     Health Service Act unless the applicant for the award 
     certifies to the Secretary that it encourages family 
     participation in the decision of minors to seek family 
     planning services and that it provides counseling to minors 
     on how to resist attempts to coerce minors into engaging in 
     sexual activities.
       Sec. 211. None of the funds appropriated by this Act 
     (including funds appropriated to any trust fund) may be used 
     to carry out the Medicare+Choice program if the Secretary 
     denies participation in such program to an otherwise eligible 
     entity (including a Provider Sponsored Organization) because 
     the entity informs the Secretary that it will not provide, 
     pay for, provide coverage of, or provide referrals for 
     abortions: Provided, That the Secretary shall make 
     appropriate prospective adjustments to the capitation payment 
     to such an entity (based on an actuarially sound estimate of 
     the expected costs of providing the service to such entity's 
     enrollees): Provided further, That nothing in this section 
     shall be construed to change the Medicare program's coverage 
     for such services and a Medicare+Choice organization 
     described in this section shall be responsible for informing 
     enrollees where to obtain information about all Medicare 
     covered services.
       Sec. 212. Notwithstanding any other provision of law, no 
     provider of services under title X of the Public Health 
     Service Act shall be exempt from any State law requiring 
     notification or the reporting of child abuse, child 
     molestation, sexual abuse, rape, or incest.
       Sec. 213. (a) Except as provided by subsection (e) none of 
     the funds appropriated by this Act may be used to withhold 
     substance abuse funding from a State pursuant to section 1926 
     of the Public Health Service Act (42 U.S.C. 300x-26) if such 
     State certifies to the Secretary of Health and Human Services 
     by May 1, 2004 that the State will commit additional State 
     funds, in accordance with subsection (b), to ensure 
     compliance with State laws prohibiting the sale of tobacco 
     products to individuals under 18 years of age.
       (b) The amount of funds to be committed by a State under 
     subsection (a) shall be equal to 1 percent of such State's 
     substance abuse block grant allocation for each percentage 
     point by which the State misses the retailer compliance rate 
     goal established by the Secretary of Health and Human 
     Services under section 1926 of such Act.
       (c) The State is to maintain State expenditures in fiscal 
     year 2004 for tobacco prevention programs and for compliance 
     activities at a level that is not less than the level of such 
     expenditures maintained by the State for fiscal year 2003, 
     and adding to that level the additional funds for tobacco 
     compliance activities required under subsection (a). The 
     State is to submit a report to the Secretary on all fiscal 
     year 2003 State expenditures and all fiscal year 2004 
     obligations for tobacco prevention and compliance activities 
     by program activity by July 31, 2004.
       (d) The Secretary shall exercise discretion in enforcing 
     the timing of the State obligation of the additional funds 
     required by the certification described in subsection (a) as 
     late as July 31, 2004.
       (e) None of the funds appropriated by this Act may be used 
     to withhold substance abuse funding pursuant to section 1926 
     from a territory that receives less than $1,000,000.
       Sec. 214. In order for the Centers for Disease Control and 
     Prevention to carry out international health activities, 
     including HIV/AIDS and other infectious disease, chronic and 
     environmental disease, and other health activities abroad 
     during fiscal year 2004, the Secretary of Health and Human 
     Services is authorized to provide such funds by advance or 
     reimbursement to the Secretary of State as may be necessary 
     to pay the costs of acquisition, lease, alteration, 
     renovation, and management of facilities outside of the 
     United States for the use of the Department of Health and 
     Human Services. The Department of State shall cooperate fully 
     with the Secretary of Health and Human Services to ensure 
     that the Department of Health and Human Services has secure, 
     safe, functional facilities that comply with applicable 
     regulation governing location, setback, and other facilities 
     requirements and serve the purposes established by this Act. 
     The Secretary of Health and Human Services is authorized, in 
     consultation with the Secretary of State, through grant or 
     cooperative agreement, to make available to public or 
     nonprofit private institutions or agencies in participating 
     foreign 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

[[Page 17542]]

     for administrative and related information technology 
     expenses: Provided, That the Director of the Centers for 
     Disease Control and Prevention shall determine the allocation 
     of the reduction among Agency activities, and shall submit to 
     the Committees on Appropriations a report specifying the 
     proposed allocation.
       This title may be cited as the ``Department of Health and 
     Human Services Appropriations Act, 2004''.

                   TITLE III--DEPARTMENT OF EDUCATION

                    Education for the Disadvantaged

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

                               Impact Aid

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

                      School Improvement Programs

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

                            Indian Education

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

                       Innovation and Improvement

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

                 Safe Schools and Citizenship Education

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

                      English Language Acquisition

       For carrying out title III, part A of the Elementary and 
     Secondary Education Act of 1965, $750,000,000, of which 
     $626,258,000 shall become available on July 1, 2004, and 
     shall remain available through September 30, 2005.

                           Special Education

       For carrying out the Individuals with Disabilities 
     Education Act, $12,249,790,000, of which $6,890,762,000 shall 
     become available for obligation on July 1, 2004, and shall 
     remain available through September 30, 2005, and of which 
     $5,072,000,000 shall become 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

[[Page 17543]]

     State's absolute need as determined by calculating each 
     State's share of a 10-year average of the Immigration and 
     Naturalization Service data for immigrants admitted for legal 
     permanent residence for the 10 most recent years, and 35 
     percent allocated to States that experienced growth as 
     measured by the average of the 3 most recent years for which 
     Immigration and Naturalization Service data for immigrants 
     admitted for legal permanent residence are available, except 
     that no State shall be allocated an amount less than $60,000: 
     Provided further, That of the amounts made available for the 
     Adult Education and Family Literacy Act, $9,438,000 shall be 
     for national leadership activities under section 243 and 
     $6,517,000 shall be for the National Institute for Literacy 
     under section 242: Provided further, That $175,000,000 shall 
     be available to support the activities authorized under 
     subpart 4 of part D of title V of the ESEA, of which up to 5 
     percent shall become available October 1, 2003, for 
     evaluation, technical assistance, school networking, peer 
     review of applications, and program outreach activities and 
     of which not less than 95 percent shall become available on 
     July 1, 2004, and remain available through September 30, 
     2005, for grants to local educational agencies: Provided 
     further, That funds made available to local educational 
     agencies under this subpart shall be used only for activities 
     related to establishing smaller learning communities in high 
     schools.

                      Student Financial Assistance

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

                            Higher Education

       For carrying out, to the extent not otherwise provided, 
     section 121 and titles II, III, IV, V, VI, and VII of the 
     Higher Education Act of 1965 (``HEA''), as amended, section 
     1543 of the Higher Education Amendments of 1992, title VIII 
     of the Higher Education Amendments of 1998, section 117 of 
     the Carl D. Perkins Vocational and Technical Education Act, 
     and the Mutual Educational and Cultural Exchange Act of 1961, 
     $1,985,991,000, of which $2,000,000 for interest subsidies 
     authorized by section 121 of the HEA, shall remain available 
     until expended: Provided, That $9,935,000, to remain 
     available through September 30, 2005, shall be available to 
     fund fellowships for academic year 2005-2006 under part A, 
     subpart 1 of title VII of said Act, under the terms and 
     conditions of part A, subpart 1: Provided further, That 
     $994,000 is for data collection and evaluation activities for 
     programs under the HEA, including such activities needed to 
     comply with the Government Performance and Results Act of 
     1993: Provided further, That notwithstanding any other 
     provision of law, funds made available in this Act to carry 
     out title VI of the HEA and section 102(b)(6) of the Mutual 
     Educational and Cultural Exchange Act of 1961 may be used to 
     support visits and study in foreign countries by individuals 
     who are participating in advanced foreign language training 
     and international studies in areas that are vital to United 
     States national security and who plan to apply their language 
     skills and knowledge of these countries in the fields of 
     government, the professions, or international development: 
     Provided further, That up to 1 percent of the funds referred 
     to in the preceding proviso may be used for program 
     evaluation, national outreach, and information dissemination 
     activities: Provided further, That notwithstanding any other 
     provision of law or any regulation, the Secretary of 
     Education shall not require the use of a restricted indirect 
     cost rate for grants issued pursuant to section 117 of the 
     Carl D. Perkins Vocational and Applied Technology Education 
     Act.

                           Howard University

       For partial support of Howard University (20 U.S.C. 121 et 
     seq.), $242,770,000, of which not less than $3,600,000 shall 
     be for a matching endowment grant pursuant to the Howard 
     University Endowment Act (Public Law 98-480) and shall remain 
     available until expended.

         College Housing and Academic Facilities Loans Program

       For Federal administrative expenses authorized under 
     section 121 of the Higher Education Act of 1965, $774,000 to 
     carry out activities related to existing facility loans 
     entered into under the Higher Education Act of 1965.

  Historically Black College and University Capital Financing Program 
                                Account

       The aggregate principal amount of outstanding bonds insured 
     pursuant to section 344 of title III, part D of the Higher 
     Education Act of 1965 shall not exceed $357,000,000, and the 
     cost, as defined in section 502 of the Congressional Budget 
     Act of 1974, of such bonds shall not exceed zero.
       For administrative expenses to carry out the Historically 
     Black College and University Capital Financing Program 
     entered into pursuant to title III, part D of the Higher 
     Education Act of 1965, as amended, $210,000.

                    Institute of Education Sciences

       For carrying out activities authorized by Public Law 107-
     279, $500,599,000: Provided, That of the amount appropriated, 
     $185,000,000 shall be available for obligation through 
     September 30, 2005.

                        Departmental Management


                         Program Administration

       For carrying out, to the extent not otherwise provided, the 
     Department of Education Organization Act, including rental of 
     conference rooms in the District of Columbia and hire of 
     three passenger motor vehicles, $434,494,000, of which 
     $13,644,000, to remain available until expended, shall be for 
     building alterations and related expenses for the relocation 
     of Department staff to Potomac Center Plaza in Washington, 
     D.C.


                        Office for Civil Rights

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


                    Office of the Inspector General

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


                       STUDENT AID ADMINISTRATION

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

                           GENERAL PROVISIONS

       Sec. 301. No funds appropriated in this Act may be used for 
     the transportation of students or teachers (or for the 
     purchase of equipment for such transportation) in order to 
     overcome racial imbalance in any school or school system, or 
     for the transportation of students or teachers (or for the 
     purchase of equipment for such transportation) in order to 
     carry out a plan of racial desegregation of any school or 
     school system.
       Sec. 302. None of the funds contained in this Act shall be 
     used to require, directly or indirectly, the transportation 
     of any student to a school other than the school which is 
     nearest the student's home, except for a student requiring 
     special education, to the school offering such special 
     education, in 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

[[Page 17544]]

     the Corporation for Public Broadcasting by this Act shall be 
     used to pay for receptions, parties, or similar forms of 
     entertainment for Government officials or employees: Provided 
     further, That none of the funds contained in this paragraph 
     shall be available or used to aid or support any program or 
     activity from which any person is excluded, or is denied 
     benefits, or is discriminated against, on the basis of race, 
     color, national origin, religion, or sex.
       Of the amounts made available to the Corporation for Public 
     Broadcasting for fiscal year 2004 by Public Law 107-116, up 
     to $80,000,000 is available for grants associated with the 
     transition of public broadcasting to digital broadcasting, 
     including costs related to transmission equipment and program 
     production, development, and distribution, to be awarded as 
     determined by the Corporation in consultation with public 
     radio and television licensees or permittees, or their 
     designated representatives; and up to $20,000,000 is 
     available pursuant to section 396(k)(10) of the 
     Communications Act of 1934, as amended, for replacement and 
     upgrade of the public television interconnection system: 
     Provided, That section 396(k)(3) shall apply only to amounts 
     remaining after allocations made herein.

               Federal Mediation and Conciliation Service


                         Salaries and Expenses

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

            Federal Mine Safety and Health Review Commission


                         Salaries and Expenses

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

                Institute of Museum and Library Services

       For carrying out the Museum and Library Services Act of 
     1996, $238,126,000, to remain available until expended.

                  Medicare Payment Advisory Commission


                         salaries and expenses

       For expenses necessary to carry out section 1805 of the 
     Social Security Act, $9,000,000, to be transferred to this 
     appropriation from the Federal Hospital Insurance and the 
     Federal Supplementary Medical Insurance Trust Funds.

        National Commission on Libraries and Information Science


                         Salaries and Expenses

       For necessary expenses for the National Commission on 
     Libraries and Information Science, established by the Act of 
     July 20, 1970 (Public Law 91-345, as amended), $1,000,000.

                     National Council on Disability


                         Salaries and Expenses

       For expenses necessary for the National Council on 
     Disability as authorized by title IV of the Rehabilitation 
     Act of 1973, as amended, $2,830,000.

                     National Labor Relations Board


                         Salaries and Expenses

       For expenses necessary for the National Labor Relations 
     Board to carry out the functions vested in it by the Labor-
     Management Relations Act, 1947, as amended (29 U.S.C. 141-
     167), and other laws, $243,073,000: Provided, That no part of 
     this appropriation shall be available to organize or assist 
     in organizing agricultural laborers or used in connection 
     with investigations, hearings, directives, or orders 
     concerning bargaining units composed of agricultural laborers 
     as referred to in section 2(3) of the Act of July 5, 1935 (29 
     U.S.C. 152), and as amended by the Labor-Management Relations 
     Act, 1947, as amended, and as defined in section 3(f) of the 
     Act of June 25, 1938 (29 U.S.C. 203), and including in said 
     definition employees engaged in the maintenance and operation 
     of ditches, canals, reservoirs, and waterways when maintained 
     or operated on a mutual, nonprofit basis and at least 95 
     percent of the water stored or supplied thereby is used for 
     farming purposes.

                        National Mediation Board


                         Salaries and Expenses

       For expenses necessary to carry out the provisions of the 
     Railway Labor Act, as amended (45 U.S.C. 151-188), including 
     emergency boards appointed by the President, $11,421,000.

            Occupational Safety and Health Review Commission


                         Salaries and Expenses

       For expenses necessary for the Occupational Safety and 
     Health Review Commission (29 U.S.C. 661), $10,115,000.

                       Railroad Retirement Board


                     dual benefits payments account

       For payment to the Dual Benefits Payments Account, 
     authorized under section 15(d) of the Railroad Retirement Act 
     of 1974, $119,000,000, which shall include amounts becoming 
     available in fiscal year 2004 pursuant to section 
     224(c)(1)(B) of Public Law 98-76; and in addition, an amount, 
     not to exceed 2 percent of the amount provided herein, shall 
     be available proportional to the amount by which the product 
     of recipients and the average benefit received exceeds 
     $119,000,000: Provided, That the total amount provided herein 
     shall be credited in 12 approximately equal amounts on the 
     first day of each month in the fiscal year.


          Federal Payments to the Railroad Retirement Accounts

       For payment to the accounts established in the Treasury for 
     the payment of benefits under the Railroad Retirement Act for 
     interest earned on unnegotiated checks, $150,000, to remain 
     available through September 30, 2005, which shall be the 
     maximum amount available for payment pursuant to section 417 
     of Public Law 98-76.


                      Limitation on Administration

       For necessary expenses for the Railroad Retirement Board 
     for administration of the Railroad Retirement Act and the 
     Railroad Unemployment Insurance Act, $101,300,000, to be 
     derived in such amounts as determined by the Board from the 
     railroad retirement accounts and from moneys credited to the 
     railroad unemployment insurance administration fund.


             Limitation on the Office of Inspector General

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

[[Page 17545]]

     related equipment and non-payroll administrative expenses 
     associated solely with this information technology and 
     telecommunications infrastructure: Provided further, That 
     reimbursement to the trust funds under this heading for 
     expenditures for official time for employees of the Social 
     Security Administration pursuant to section 7131 of title 5, 
     United States Code, and for facilities or support services 
     for labor organizations pursuant to policies, regulations, or 
     procedures referred to in section 7135(b) of such title shall 
     be made by the Secretary of the Treasury, with interest, from 
     amounts in the general fund not otherwise appropriated, as 
     soon as possible after such expenditures are made.
       In addition, $120,000,000 to be derived from administration 
     fees in excess of $5.00 per supplementary payment collected 
     pursuant to section 1616(d) of the Social Security Act or 
     section 212(b)(3) of Public Law 93-66, which shall remain 
     available until expended. To the extent that the amounts 
     collected pursuant to such section 1616(d) or 212(b)(3) in 
     fiscal year 2004 exceed $120,000,000, the amounts shall be 
     available in fiscal year 2005 only to the extent provided in 
     advance in appropriations Acts.
       From funds previously appropriated for this purpose, any 
     unobligated balances at the end of fiscal year 2002 shall be 
     available to continue Federal-State partnerships which will 
     evaluate means to promote Medicare buy-in programs targeted 
     to elderly and disabled individuals under titles XVIII and 
     XIX of the Social Security Act.


                      Office of Inspector General

                     (including transfer of funds)

       For expenses necessary for the Office of Inspector General 
     in carrying out the provisions of the Inspector General Act 
     of 1978, as amended, $25,000,000, together with not to exceed 
     $65,000,000, to be transferred and expended as authorized by 
     section 201(g)(1) of the Social Security Act from the Federal 
     Old-Age and Survivors Insurance Trust Fund and the Federal 
     Disability Insurance Trust Fund.
       In addition, an amount not to exceed 3 percent of the total 
     provided in this appropriation may be transferred from the 
     ``Limitation on Administrative Expenses'', Social Security 
     Administration, to be merged with this account, to be 
     available for the time and purposes for which this account is 
     available: Provided, That notice of such transfers shall be 
     transmitted promptly to the Committees on Appropriations of 
     the House and Senate.

                    United States Institute of Peace


                           Operating Expenses

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

                      TITLE V--GENERAL PROVISIONS

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

[[Page 17546]]

       Sec. 513. None of the funds made available in this Act may 
     be used to promulgate or adopt any final standard under 
     section 1173(b) of the Social Security Act (42 U.S.C. 1320d-
     2(b)) providing for, or providing for the assignment of, a 
     unique health identifier for an individual (except in an 
     individual's capacity as an employer or a health care 
     provider), until legislation is enacted specifically 
     approving the standard.
       Sec. 514. None of the funds made available in this Act may 
     be transferred to any department, agency, or instrumentality 
     of the United States Government, except pursuant to a 
     transfer made by, or transfer authority provided in, this Act 
     or any other appropriation Act.
       Sec. 515. (a) Of the total amount appropriated for 
     ``Education for the Disadvantaged'' in title III of the 
     Departments of Labor, Health and Human Services, and 
     Education, and Related Agencies Appropriations Act, 2003 
     (Pub. L. 108-7, div. G)--
       (1) the portion becoming available on July 1, 2003, is 
     hereby increased by $2,244,000,000; and
       (2) the portion becoming available on October 1, 2003, is 
     hereby reduced by $2,244,000,000.
       (b) The rescission made by section 601 of the Miscellaneous 
     Appropriations Act, 2003 (Pub. L. 108-7, div. N) shall not 
     apply to the amounts of the increase and reduction specified 
     in this section.
       Sec. 516. None of the funds made available by this Act to 
     carry out the Library Services and Technology Act may be made 
     available to any library covered by paragraph (1) of section 
     224(f) of such Act (20 U.S.C. 9134(f)), as amended by the 
     Children's Internet Protections Act, unless such library has 
     made the certifications required by paragraph (4) of such 
     section.
       Sec. 517. None of the funds made available by this Act to 
     carry out part D of title II of the Elementary and Secondary 
     Education Act of 1965 may be made available to any elementary 
     or secondary school covered by paragraph (1) of section 
     2441(a) of such Act (20 U.S.C. 6777(a)), as amended by the 
     Children's Internet Protections Act and the No Child Left 
     Behind Act, unless the local educational agency with 
     responsibility for such covered school has made the 
     certifications required by paragraph (2) of such section.
       Sec. 518. In the case of taxpayers with adjusted gross 
     income in excess of $1,000,000 for the tax year beginning in 
     2003, the amount of tax reduction resulting from enactment of 
     the Jobs and Growth Tax Relief Reconciliation Act of 2003 
     shall be reduced by 32 percent.
       This Act may be cited as the ``Departments of Labor, Health 
     and Human Services, and Education, and Related Agencies 
     Appropriations Act, 2004''.

  The CHAIRMAN. Points of order are reserved.
  Pursuant to the order of the House of today, the gentleman from 
Wisconsin (Mr. Obey) and a Member opposed each will control 5 minutes.
  The Chair recognizes the gentleman from Wisconsin (Mr. Obey).
  Mr. OBEY. Mr. Chairman, I yield myself such time as I may consume, 
although I do not intend to take all of the time. I think we have 
already had the discussion; we might as well get to the votes just as 
quickly as possible. Let me simply explain what this amendment does.
  The Republican majority, as I said earlier, made a conscious decision 
over the last 2 years to provide $2 trillion in tax cuts, all of which 
were paid for with borrowed money; and by doing that, they decided they 
were going to put the Congress in a box and the Congress would, 
therefore, not be able to adequately fund a number of crucial 
investments, including education and health. This bill now is suffering 
from the consequences of that action.
  What we are trying to do by this amendment is to get the House to 
reconsider its decision. The gentleman from Texas said that those of us 
on the minority side of the aisle are desirous of raising taxes. This 
amendment does not raise taxes.
  What we are asking this House to do is to limit the size of the tax 
cut for the 200,000 Americans who make more than $1 million a year. We 
are asking to limit the size of that tax cut to $44,000 instead of the 
$88,000 tax cut that they would otherwise get, so that we can use that 
money for the following:
  In this amendment, which is one of two, we would simply reduce the 
size of that tax cut so that we could put $334 million into this bill 
for title I, which is the main education program that tries to help 
youngsters who need special help; but to get that help, we provide $334 
million more to meet the promises of the Republican Party budget 
resolution. It is not our budget resolution; it is the budget 
resolution of our friends on the other side of the aisle.
  We would also add $1.2 billion to the special education portion of 
the bill, again, so that we meet the Republican budget resolution 
promise. We would increase the Pell grant maximum grant by a modest 
$150 million, or 4 percent over the subcommittee bill. In the health 
area, we would provide $73 million of additional funding for community 
health centers. We would continue to rebuild the capacity of our public 
health system to respond to potential biological or chemical terrorist 
attacks. We would provide a 5.5 percent overall increase for NIH for 
biomedical research so that we can continue the progress that we have 
made on cancer, heart disease, Parkinson's, and many other diseases 
that plague mankind.

                              {time}  1430

  We would eliminate the cut of the Low Income Heating Assistance 
Program and provide $450 million more. We would provide $151 million 
more for community service block grants. We would provide $170 million 
in recognition of the fact that the Social Security Administration's 
backlog for approving and reviewing disability cases has risen from 
400,000 to 600,000 cases.
  As I said, what we are trying to do is to reestablish the linkage 
between actions taken on the tax cuts front and their implications for 
legislation such as the bill before us today.
  So with that, Mr. Chairman, we have no further speakers on this side 
and I would simply seek a vote. And let me explain that if the 
gentleman lodges a point of order on this amendment, then what we will 
do instead of appealing the ruling to the Chair, what we will do 
instead is to simply at that point move to strike the enacting clause 
so that we can have a vote on whether or not you want to put the needs 
of millionaires for tax cuts ahead of the needs of our children for 
adequate education and health care.
  Mr. Chairman, I yield back the balance of my time.
  The CHAIRMAN. Does the gentleman from Ohio (Mr. Regula) claim time?
  Mr. REGULA. Yes, Mr. Chairman.
  The CHAIRMAN. The gentleman is recognized for 5 minutes.


                             Point of Order

  Mr. REGULA. Mr. Chairman, we had this debate on the Committee on Ways 
and Means jurisdiction on the issue of a tax cut. This is not the 
proper venue. This is the appropriations bill; and, therefore, Mr. 
Chairman, I make a point of order against the amendment because it 
proposes to change existing law and constitutes legislation in an 
appropriations bill and, therefore, violates clause 2 of rule XXI. In 
addition, the amendment is a tax or tariff measure and is in violation 
of clause 5(a) of rule XXI.
  Clause 2 of rule XXI states in the pertinent part: ``An amendment to 
a general appropriations bill shall not be in order if it changes 
existing law.''
  The amendment amends existing law. Clause 5(a) of rule XXI states in 
part: ``A bill or joint resolution carrying a tax or tariff measure may 
not be reported by a committee not having jurisdiction to report tax or 
tariff measures. And an amendment in the House or proposed by the 
Senate carrying a tax or tariff measure shall not be in order during 
the consideration of a bill or joint resolution reported by a committee 
not having that jurisdiction.''
  The amendment is clearly legislation as well as a tax or tariff 
provision. And it is, therefore, in violation of the House rules.
  Mr. Chairman, I ask for a ruling from the Chair.
  The CHAIRMAN. Does the gentleman from Wisconsin (Mr. Obey) wish to be 
heard on the point of order?
  Mr. OBEY. Yes, I do, Mr. Chairman.
  The CHAIRMAN. The gentleman from Wisconsin is recognized.
  Mr. OBEY. Mr. Chairman, clearly if this point of order is upheld, 
what the majority would succeed in doing is, again, hiding from the 
public the practical consequences to education and to health care, 
worker protection programs of the majority party's past actions on tax 
cuts. What the majority party is trying to do is to use the rules to 
segment the discussion of the budget process so that one day without 
any

[[Page 17547]]

context whatsoever, the House considers tax cuts and then after they 
have done that, then separately they consider what will happen to the 
rest of the budget. We think that is going to wind up with an unhealthy 
result for the public.
  We do not control the House. Obviously, the majority party does; and 
so they have the capacity to use the rules that way. But when they do 
so, what they do, in my view, is to make meaningless virtually all 
debate and discussion in this House. And so if the gentleman insists on 
his point of order, we will have no choice but to concede it, and at 
that point I would simply then have a preferential motion at the desk 
which would ask that the enacting clause be stricken from this bill 
until such time as the House reconsiders its action on the tax package 
so that we do have room in the inn for the children this bill is 
supposed to serve.
  The CHAIRMAN. For the reasons stated by the gentleman from Ohio (Mr. 
Regula) and on the concession of the gentleman from Wisconsin (Mr. 
Obey), the point of order is conceded and sustained.


                Preferential Motion Offered By Mr. Obey

  Mr. OBEY. Mr. Chairman, I have a preferential motion at the desk.
  The Clerk read as follows:

       Mr. Obey moves that the Committee do now rise and report 
     the bill back to the House with the recommendation that the 
     enacting clause be stricken.

  The CHAIRMAN. The gentleman from Wisconsin (Mr. Obey) is recognized 
for 5 minutes in support of his preferential motion.
  Mr. OBEY. Mr. Chairman, we have taken this action out of courtesy to 
the Chair. But I feel very strongly about the vote that this motion 
will trigger.
  When we are together in a bipartisan fashion, as we have been on some 
occasions in the past 8 years, we have produced good pieces of work and 
both political parties have justly been proud of the outcome. But right 
now this House is locked in the clutches of an ideological majority 
which has decided that at all costs they will put tax cuts primarily 
targeted at the most wealthy people in this country ahead of every 
other legitimate need. So they have passed $2 trillion in tax cuts, all 
paid for with borrowed money; and then when the labor-health 
appropriations bill comes to the floor, they say, ``Oh, I am sorry. We 
have to stop the progress at NIH. I am sorry, we cannot have any 
expansion of research this year for cancer or for Parkinson's or 
diabetes or for any of the other diseases that plague people. I am 
sorry, we cannot even meet our own promises for title I in the 
education bill. I am sorry, we cannot meet our promises to children who 
require special help because of disabilities. I am sorry, we cannot 
meet those promises because, you see, we have already spent the money 
on the tax cut.''
  So what we are saying is: ``Look, take this bill back to committee, 
strike the enacting clause so that the bill can go no further, go back 
and reconsider, go back and reconsider and allow us to vote on shaving 
the size of that tax bill.'' Only for the top. All we are talking about 
is to take a look at the size of the tax bill, or the size of the tax 
cuts, I should say, that are provided to people who make more than a 
million dollars a year. Right now they are scheduled to get an $88,000 
tax cut. We are saying if you shave that in this amendment to only 
$70,000, you can meet the education needs of the country; you can meet 
the health care needs of the country. You have spent $2 trillion on tax 
cuts, and now you are telling us there is not room in the end for $2.8 
billion in education funding and in health care funding? That is what 
you are telling us.
  You built the box in which you are now locked; and you are saying, 
``Gee whiz, we do not have a key.'' This is the key. So if you vote for 
this motion, you will be voting to send this bill back to the committee 
until this House comes to its senses and says to our friends, the 
200,000 of them who make over a million dollars a year, ``Folks, we 
love you. We hope everybody can see the day when they will make a 
million dollars, but we ask you to take just a little bit less so we 
can provide funding in this bill for education and health care and 
other needed public services.''
  I would bet you that 90 percent of the people who are going to get 
those giant-size tax cuts would say, ``You bet. We think we would 
rather see those investments in children before getting this 
superduper-sized tax cut.'' I have enough confidence in their 
patriotism and their concern about the future of this country that they 
would make that choice even if a majority of this House seems to not 
want to make or even confront that decision.
  Mr. Chairman, I would ask for an ``aye'' vote on the motion.
  Mr. Chairman, I yield back the balance of my time.
  The CHAIRMAN. The gentleman from Ohio (Mr. Regula) is recognized for 
5 minutes in opposition to the motion.
  Mr. REGULA. Mr. Chairman, I would be interested in checking with 
Treasury to find out how many people would voluntarily return their tax 
cuts. I would daresay it will be few.
  I want to point out once against that this budget is double what it 
was 8 years ago when we took over for all of these good things. Having 
said that, I oppose the amendment. I hope my colleagues will vote 
``no'' on this amendment.
  Mr. Chairman, I yield back the balance of my time.
  The CHAIRMAN. The question is on the preferential motion offered by 
the gentleman from Wisconsin (Mr. Obey).
  The question was taken; and the Chairman announced that the ayes 
appeared to have it.


                             Recorded Vote

  Mr. OBEY. Mr. Chairman, I demand a recorded vote.
  A recorded vote was ordered.
  The vote was taken by electronic device, and there were--ayes 199, 
noes 222, not voting 13, as follows:

                             [Roll No. 347]

                               AYES--199

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

                               NOES--222

     Aderholt
     Akin
     Bachus
     Baker
     Ballenger
     Barrett (SC)
     Bartlett (MD)
     Barton (TX)
     Bass
     Beauprez
     Bereuter
     Biggert
     Bilirakis
     Bishop (UT)
     Blackburn
     Blunt
     Boehlert
     Boehner

[[Page 17548]]


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

                             NOT VOTING--13

     Conyers
     Cramer
     Fletcher
     Fossella
     Gephardt
     Gibbons
     Goss
     Harman
     Janklow
     Kingston
     Millender-McDonald
     Owens
     Whitfield


                      Announcement by the Chairman

  The CHAIRMAN (during the vote). Members are advised there are 2 
minutes remaining in this vote.

                              {time}  1500

  Messrs. GARRETT of New Jersey, PAUL, McINNIS, Mrs. MYRICK, Mr. 
RAMSTAD and Mr. GARY G. MILLER of California changed their vote from 
``aye'' to ``no.''
  Mr. SCOTT of Georgia changed his vote from ``no'' to ``aye.''
  So the motion was rejected.
  The result of the vote was announced as above recorded.


                          personal explanation

  Mr. FLETCHER. Mr. Chairman, on Thursday, July 10, 2003, had I been 
present for rollcall vote Nos. 346 and 347, I would have voted the 
following way: Rollcall vote No. 346, on Approving the Journal--
``yea''; rollcall vote No. 347, strike enacting clause of H.R. 2660--
``nay.''
  Mr. REGULA. Mr. Chairman, as the gentleman from Wisconsin (Mr. Obey) 
and myself are making every effort to expedite this bill today, I, 
therefore, ask unanimous consent that the remainder of the bill, 
through page 91, line 17, be considered as read, printed in the Record, 
and open to amendment at any point.
  The CHAIRMAN. Is there objection to the request of the gentleman from 
Ohio?
  There was no objection.
  The text of the bill from page 2, line 5 through page 91, line 17 is 
as follows:


                    training and employment services

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


            community service employment for older americans

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


              federal unemployment benefits and allowances

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


     state unemployment insurance and employment service operations

       For authorized administrative expenses, $142,520,000, 
     together with not to exceed $3,472,861,000 (including not to 
     exceed $1,228,000 which may be used for amortization payments 
     to States which had independent retirement plans in their 
     State employment service agencies prior to 1980), which may 
     be expended from the Employment Security Administration 
     Account in the Unemployment Trust Fund including the cost of 
     administering section 51 of the Internal Revenue Code of 
     1986, as amended, section 7(d) of the Wagner-Peyser Act, as 
     amended, the Trade Act of 1974, as amended, the Immigration 
     Act of 1990, and the Immigration and Nationality Act, as 
     amended, and of which the sums available in the allocation 
     for activities authorized by title III of the Social Security 
     Act, as amended (42 U.S.C. 502-504), and the sums available 
     in the allocation for necessary administrative expenses for 
     carrying out 5 U.S.C. 8501-8523, shall be available for 
     obligation by the 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

[[Page 17549]]

     any increment less than 100,000) from the Employment Security 
     Administration Account of the Unemployment Trust Fund: 
     Provided further, That funds appropriated in this Act which 
     are used to establish a national one-stop career center 
     system, or which are used to support the national activities 
     of the Federal-State unemployment insurance programs, may be 
     obligated in contracts, grants or agreements with non-State 
     entities: Provided further, That funds appropriated under 
     this Act for activities authorized under the Wagner-Peyser 
     Act, as amended, and title III of the Social Security Act, 
     may be used by the States to fund integrated Employment 
     Service and Unemployment Insurance automation efforts, 
     notwithstanding cost allocation principles prescribed under 
     Office of Management and Budget Circular A-87.


        advances to the unemployment trust fund and other funds

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


                         program administration

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

               Employee Benefits Security Administration


                         salaries and expenses

       For necessary expenses for the Employee Benefits Security 
     Administration $128,605,000.

                  Pension Benefit Guaranty Corporation


               pension benefit guaranty corporation fund

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

                  Employment Standards Administration


                         salaries and expenses

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


                            special benefits

                     (including transfer of funds)

       For the payment of compensation, benefits, and expenses 
     (except administrative expenses) accruing during the current 
     or any prior fiscal year authorized by title 5, chapter 81 of 
     the United States Code; continuation of benefits as provided 
     for under the heading `Civilian War Benefits' in the Federal 
     Security Agency Appropriation Act, 1947; the Employees' 
     Compensation Commission Appropriation Act, 1944; sections 
     4(c) and 5(f) of the War Claims Act of 1948 (50 U.S.C. App. 
     2012); and 50 percent of the additional compensation and 
     benefits required by section 10(h) of the Longshore and 
     Harbor Workers' Compensation Act, as amended, $163,000,000, 
     together with such amounts as may be necessary to be charged 
     to the subsequent year appropriation for the payment of 
     compensation and other benefits for any period subsequent to 
     August 15 of the current year: Provided, That amounts 
     appropriated may be used under section 8104 of title 5, 
     United States Code, by the Secretary of Labor to reimburse an 
     employer, who is not the employer at the time of injury, for 
     portions of the salary of a reemployed, disabled beneficiary: 
     Provided further, That balances of reimbursements unobligated 
     on September 30, 2002, shall remain available until expended 
     for the payment of compensation, benefits, and expenses: 
     Provided further, That in addition there shall be transferred 
     to this appropriation from the Postal Service and from any 
     other corporation or instrumentality required under section 
     8147(c) of title 5, United States Code, to pay an amount for 
     its fair share of the cost of administration, such sums as 
     the Secretary determines to be the cost of administration for 
     employees of such fair share entities through September 30, 
     2004: Provided further, That of those funds transferred to 
     this account from the fair share entities to pay the cost of 
     administration of the Federal Employees' Compensation Act, 
     $39,315,000 shall be made available to the Secretary as 
     follows: (1) for enhancement and maintenance of automated 
     data processing systems and telecommunications systems, 
     $11,618,000; (2) for automated workload processing operations 
     including document imaging, centralized mail intake and 
     medical bill processing, $14,496,000; (3) for periodic roll 
     management and medical review, $13,210,000; and (4) the 
     remaining funds shall be paid into the Treasury as 
     miscellaneous receipts: Provided further, That the Secretary 
     may require that any person filing a notice of injury or a 
     claim for benefits under chapter 81 of title 5, United States 
     Code, or 33 U.S.C. 901 et seq., provide as part of such 
     notice and claim, such identifying information (including 
     Social Security account number) as such regulations may 
     prescribe.

               Special Benefits for Disabled Coal Miners

       For carrying out title IV of the Federal Mine Safety and 
     Health Act of 1977, as amended by Public Law 107-275 (the 
     ``Act''), $300,000,000, to remain available until expended.
       For making, after July 31 of the current fiscal year, 
     benefit payments to individuals under title IV of the Act, 
     for costs incurred in the current fiscal year, such amounts 
     as may be necessary.
       For making benefit payments under title IV of the first 
     quarter of fiscal year 2005, $88,000,000, to remain available 
     until expended.


    administrative expenses, energy employees occupational illness 
                           compensation fund

                     (including transfer of funds)

       For necessary expenses to administer the Energy Employees 
     Occupational Illness Compensation Act, $55,074,000 to remain 
     available until expended: Provided, That the Secretary of 
     Labor is authorized to transfer to any executive agency with 
     authority under the Energy Employees Occupational Illness 
     Compensation Act, including within the Department of Labor, 
     such sums as may be necessary in fiscal year 2004 to carry 
     out those authorities: Provided further, That the Secretary 
     may require that any person filing a claim for benefits under 
     the Act provide as part of such claim, such identifying 
     information (including Social Security account number) as may 
     be prescribed.


                    black lung disability trust fund

                     (including transfer of funds)

       Beginning in fiscal year 2004 and thereafter, such sums as 
     may be necessary from the Black Lung Disability Trust Fund, 
     to remain available until expended, for payment of all 
     benefits authorized by section 9501(d)(1), (2), (4), and (7) 
     of the Internal Revenue Code of 1954, as amended; and 
     interest on advances, as authorized by section 9501(c)(2) of 
     that Act. In addition, the following amounts shall be 
     available from the Fund for fiscal year 2004 for expenses of 
     operation and administration of the Black Lung Benefits 
     program, as authorized by section 9501(d)(5): $32,004,000 for 
     transfer to the Employment Standards Administration, 
     ``Salaries and Expenses''; $23,401,000 for transfer to 
     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,

[[Page 17550]]

     $450,008,000, including not to exceed $91,747,000 which shall 
     be the maximum amount available for grants to States under 
     section 23(g) of the Occupational Safety and Health Act (the 
     ``Act''), which grants shall be no less than 50 percent of 
     the costs of State occupational safety and health programs 
     required to be incurred under plans approved by the Secretary 
     under section 18 of the Act; and, in addition, 
     notwithstanding 31 U.S.C. 3302, the Occupational Safety and 
     Health Administration may retain up to $750,000 per fiscal 
     year of training institute course tuition fees, otherwise 
     authorized by law to be collected, and may utilize such sums 
     for occupational safety and health training and education 
     grants: Provided, That, notwithstanding 31 U.S.C. 3302, the 
     Secretary of Labor is authorized, during the fiscal year 
     ending September 30, 2004, to collect and retain fees for 
     services provided to Nationally Recognized Testing 
     Laboratories, and may utilize such sums, in accordance with 
     the provisions of 29 U.S.C. 9a, to administer national and 
     international laboratory recognition programs that ensure the 
     safety of equipment and products used by workers in the 
     workplace: Provided further, That none of the funds 
     appropriated under this paragraph shall be obligated or 
     expended to prescribe, issue, administer, or enforce any 
     standard, rule, regulation, or order under the Act which is 
     applicable to any person who is engaged in a farming 
     operation which does not maintain a temporary labor camp and 
     employs 10 or fewer employees: Provided further, That no 
     funds appropriated under this paragraph shall be obligated or 
     expended to administer or enforce any standard, rule, 
     regulation, or order under the Act with respect to any 
     employer of 10 or fewer employees who is included within a 
     category having an occupational injury lost workday case 
     rate, at the most precise Standard Industrial Classification 
     Code for which such data are published, less than the 
     national average rate as such rates are most recently 
     published by the Secretary, acting through the Bureau of 
     Labor Statistics, in accordance with section 24 of that Act 
     (29 U.S.C. 673), except--
       (1) to provide, as authorized by such Act, consultation, 
     technical assistance, educational and training services, and 
     to conduct surveys and studies;
       (2) to conduct an inspection or investigation in response 
     to an employee complaint, to issue a citation for violations 
     found during such inspection, and to assess a penalty for 
     violations which are not corrected within a reasonable 
     abatement period and for any willful violations found;
       (3) to take any action authorized by such Act with respect 
     to imminent dangers;
       (4) to take any action authorized by such Act with respect 
     to health hazards;
       (5) to take any action authorized by such Act with respect 
     to a report of an employment accident which is fatal to one 
     or more employees or which results in hospitalization of two 
     or more employees, and to take any action pursuant to such 
     investigation authorized by such Act; and
       (6) to take any action authorized by such Act with respect 
     to complaints of discrimination against employees for 
     exercising rights under such Act: Provided further, That the 
     foregoing proviso shall not apply to any person who is 
     engaged in a farming operation which does not maintain a 
     temporary labor camp and employs 10 or fewer employees.

                 Mine Safety and Health Administration


                         salaries and expenses

       For necessary expenses for the Mine Safety and Health 
     Administration, $266,767,000, including purchase and bestowal 
     of certificates and trophies in connection with mine rescue 
     and first-aid work, and the hire of passenger motor vehicles; 
     including up to $1,000,000 for mine rescue and recovery 
     activities, which shall be available only to the extent that 
     fiscal year 2004 obligations for these activities exceed 
     $1,000,000; in addition, not to exceed $750,000 may be 
     collected by the National Mine Health and Safety Academy for 
     room, board, tuition, and the sale of training materials, 
     otherwise authorized by law to be collected, to be available 
     for mine safety and health education and training activities, 
     notwithstanding 31 U.S.C. 3302; and, in addition, the Mine 
     Safety and Health Administration may retain up to $1,000,000 
     from fees collected for the approval and certification of 
     equipment, materials, and explosives for use in mines, and 
     may utilize such sums for such activities; the Secretary is 
     authorized to accept lands, buildings, equipment, and other 
     contributions from public and private sources and to 
     prosecute projects in cooperation with other agencies, 
     Federal, State, or private; the Mine Safety and Health 
     Administration is authorized to promote health and safety 
     education and training in the mining community through 
     cooperative programs with States, industry, and safety 
     associations; and any funds available to the department may 
     be used, with the approval of the Secretary, to provide for 
     the costs of mine rescue and survival operations in the event 
     of a major disaster.

                       Bureau of Labor Statistics


                         salaries and expenses

       For necessary expenses for the Bureau of Labor Statistics, 
     including advances or reimbursements to State, Federal, and 
     local agencies and their employees for services rendered, 
     $437,152,000, together with not to exceed $75,110,000, which 
     may be expended from the Employment Security Administration 
     Account in the Unemployment Trust Fund.

                 Office of Disability Employment Policy


                         salaries and expenses

       For necessary expenses for the Office of Disability 
     Employment Policy to provide leadership, develop policy and 
     initiatives, and award grants furthering the objective of 
     eliminating barriers to the training and employment of people 
     with disabilities, $47,333,000.

                        Departmental Management


                         salaries and expenses

       For necessary expenses for Departmental Management, 
     including the hire of three sedans; $48,565,000 for the 
     acquisition of Departmental information technology, 
     architecture, infrastructure, equipment, software and related 
     needs which will be allocated by the Department's Chief 
     Information Officer in accordance with the Department's 
     capital investment management process to assure a sound 
     investment management process to assure a sound investment 
     strategy; $252,701,000; together with not to exceed $317,000, 
     which may be expended from the Employment Security 
     Administration Account in the Unemployment Trust Fund: 
     Provided, That no funds made available by this Act may be 
     used by the Solicitor of Labor to participate in a review in 
     any United States court of appeals of any decision made by 
     the Benefits Review Board under section 21 of the Longshore 
     and Harbor Workers' Compensation Act (33 U.S.C. 921) where 
     such participation is precluded by the decision of the United 
     States Supreme Court in Director, Office of Workers' 
     Compensation Programs v. Newport News Shipbuilding, 115 S. 
     Ct. 1278 (1995), notwithstanding any provisions to the 
     contrary contained in Rule 15 of the Federal Rules of 
     Appellate Procedure: Provided further, That no funds made 
     available by this Act may be used by the Secretary of Labor 
     to review a decision under the Longshore and Harbor Workers' 
     Compensation Act (33 U.S.C. 901 et seq.) that has been 
     appealed and that has been pending before the Benefits Review 
     Board for more than 12 months: Provided further, That any 
     such decision pending a review by the Benefits Review Board 
     for more than 1 year shall be considered affirmed by the 
     Benefits Review Board on the 1-year anniversary of the filing 
     of the appeal, and shall be considered the final order of the 
     Board for purposes of obtaining a review in the United States 
     courts of appeals: Provided further, That these provisions 
     shall not be applicable to the review or appeal of any 
     decision issued under the Black Lung Benefits Act (30 U.S.C. 
     901 et seq.).


                    veterans employment and training

       Not to exceed $193,443,000 may be derived from the 
     Employment Security Administration Account in the 
     Unemployment Trust Fund to carry out the provisions of 38 
     U.S.C. 4100-4110A, 4212, 4214, and 4321-4327, and Public Law 
     103-353, and which shall be available for obligation by the 
     States through December 31, 2004, of which $2,000,000 is for 
     the National Veterans' Employment and Training Services 
     Institute. To carry out the Homeless Veterans Reintegration 
     Programs (38 U.S.C. 2021) and the Veterans Workforce 
     Investment Programs (29 U.S.C. 2913), $26,550,000 of which 
     $7,550,000 shall be available for obligation for the period 
     July 1, 2004 through June 30, 2005.


                      office of inspector general

       For salaries and expenses of the Office of Inspector 
     General in carrying out the provisions of the Inspector 
     General Act of 1978, as amended, $60,896,000, together with 
     not to exceed $5,899,000, which may be expended from the 
     Employment Security Administration Account in the 
     Unemployment Trust Fund.

                          Working Capital Fund

       For the acquisition of a new core accounting system for the 
     Department of Labor, including hardware and software 
     infrastructure and the costs associated with implementation 
     thereof, $18,000,000.

                           GENERAL PROVISIONS

       Sec. 101. None of the funds appropriated in this title for 
     the Job Corps shall be used to pay the compensation of an 
     individual, either as direct costs or any proration as an 
     indirect cost, at a rate in excess of Executive Level II.


                          (transfer of funds)

       Sec. 102. Not to exceed 1 percent of any discretionary 
     funds (pursuant to the Balanced Budget and Emergency Deficit 
     Control Act of 1985, as amended) which are appropriated for 
     the current fiscal year for the Department of Labor in this 
     Act may be transferred between appropriations, but no such 
     appropriation shall be increased by more than 3 percent by 
     any such transfer: Provided, That the Appropriations 
     Committees of both Houses of Congress are notified at least 
     15 days in advance of any transfer.
       This title may be cited as the ``Department of Labor 
     Appropriations Act, 2004''.

[[Page 17551]]



           TITLE II--DEPARTMENT OF HEALTH AND HUMAN SERVICES

              Health Resources and Services Administration


                     Health Resources and Services

       For carrying out titles II, III, IV, VII, VIII, X, XII, 
     XIX, and XXVI of the Public Health Service Act, section 
     427(a) of the Federal Coal Mine Health and Safety Act, title 
     V, and sections 1128E, 711 and 1820 of the Social Security 
     Act, the Health Care Quality Improvement Act of 1986, as 
     amended, the Native Hawaiian Health Care Act of 1988, as 
     amended, the Cardiac Arrest Survival Act of 2000, and the 
     Poison Control Center Enhancement and Awareness Act, 
     $6,252,256,000, of which $39,740,000 from general revenues, 
     notwithstanding section 1820(j) of the Social Security Act, 
     shall be available for carrying out the Medicare rural 
     hospital flexibility grants program under section 1820 of 
     such Act: Provided, That of the funds made available under 
     this heading, $248,000 shall be available until expended for 
     facilities renovations at the Gillis W. Long Hansen's Disease 
     Center: Provided further, That in addition to fees authorized 
     by section 427(b) of the Health Care Quality Improvement Act 
     of 1986, fees shall be collected for the full disclosure of 
     information under the Act sufficient to recover the full 
     costs of operating the National Practitioner Data Bank, and 
     shall remain available until expended to carry out that Act: 
     Provided further, That fees collected for the full disclosure 
     of information under the ``Health Care Fraud and Abuse Data 
     Collection Program'', authorized by section 1128E(d)(2) of 
     the Social Security Act, shall be sufficient to recover the 
     full costs of operating the program, and shall remain 
     available until expended to carry out that Act: Provided 
     further, That no more than $45,000,000 is available for 
     carrying out the provisions of Public Law 104-73: Provided 
     further, That of the funds made available under this heading, 
     $273,350,000 shall be for the program under title X of the 
     Public Health Service Act to provide for voluntary family 
     planning projects: Provided further, That amounts provided to 
     said projects under such title shall not be expended for 
     abortions, that all pregnancy counseling shall be 
     nondirective, and that such amounts shall not be expended for 
     any activity (including the publication or distribution of 
     literature) that in any way tends to promote public support 
     or opposition to any legislative proposal or candidate for 
     public office: Provided further, That $753,317,000 shall be 
     for State AIDS Drug Assistance Programs authorized by section 
     2616 of the Public Health Service Act: Provided further, That 
     notwithstanding section 502(a)(1) of the Social Security Act, 
     not to exceed $117,831,000 is for carrying out special 
     projects of regional and national significance pursuant to 
     section 501(l)(2): Provided further, That $65,000,000 is 
     available for special projects of regional and national 
     significance under section 501(a)(2) of the Social Security 
     Act, which shall not be counted toward compliance with the 
     allocation required in section 502(a)(1) of such Act, and 
     which shall be used only for making competitive grants to 
     provide abstinence education (as defined in section 510(b)(2) 
     of such Act) to adolescents and for evaluations (including 
     longitudinal evaluations) of activities under the grants and 
     for Federal costs of administering the grants: Provided 
     further, That grants under the immediately preceding proviso 
     shall be made only to public and private entities which agree 
     that, with respect to an adolescent to whom the entities 
     provide abstinence education under such grant, the entities 
     will not provide to that adolescent any other education 
     regarding sexual conduct, except that, in the case of an 
     entity expressly required by law to provide health 
     information or services the adolescent shall not be precluded 
     from seeking health information or services from the entity 
     in a different setting than the setting in which the 
     abstinence education was provided: Provided further, That the 
     funds expended for such evaluations may not exceed 3.5 
     percent of such amount.


           Health Education Assistance Loans Program Account

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


             Vaccine Injury Compensation Program Trust Fund

       For payments from the Vaccine Injury Compensation Program 
     Trust Fund, such sums as may be necessary for claims 
     associated with vaccine-related injury or death with respect 
     to vaccines administered after September 30, 1988, pursuant 
     to subtitle 2 of title XXI of the Public Health Service Act, 
     to remain available until expended: Provided, That for 
     necessary administrative expenses, not to exceed $3,472,000 
     shall be available from the Trust Fund to the Secretary of 
     Health and Human Services.

               Centers for Disease Control and Prevention


                Disease Control, Research, and Training

       To carry out titles II, III, VII, XI, XV, XVII, XIX, XXI, 
     and XXVI of the Public Health Service Act, sections 101, 102, 
     103, 201, 202, 203, 301, and 501 of the Federal Mine Safety 
     and Health Act of 1977, sections 20, 21, and 22 of the 
     Occupational Safety and Health Act of 1970, title IV of the 
     Immigration and Nationality Act, and section 501 of the 
     Refugee Education Assistance Act of 1980; including (purchase 
     and) insurance of official motor vehicles in foreign 
     countries; and hire, maintenance, and operation of aircraft, 
     $4,588,671,000, of which $206,000,000 shall remain available 
     until expended for equipment, and construction and renovation 
     of facilities, and of which $242,569,000 for international 
     HIV/AIDS shall remain available until September 30, 2005, 
     including not less than $100,000,000, to remain available 
     until expended, for the ``International Mother and Child HIV 
     Prevention Initiative'', and in addition, such sums as may be 
     derived from authorized user fees, which shall be credited to 
     this account: Provided, That in addition to amounts provided 
     herein, $13,226,000 shall be available from amounts available 
     under section 241 of the Public Health Service Act to carry 
     out the National Center for Health Statistics surveys: 
     Provided further, That none of the funds made available for 
     injury prevention and control at the Centers for Disease 
     Control and Prevention may be used, in whole or in part, to 
     advocate or promote gun control: Provided further, That the 
     Director may redirect the total amount made available under 
     authority of Public Law 101-502, section 3, dated November 3, 
     1990, to activities the Director may so designate: Provided 
     further, That the Congress is to be notified promptly of any 
     such transfer: Provided further, That not to exceed 
     $12,500,000 may be available for making grants under section 
     1509 of the Public Health Service Act to not more than 15 
     States: Provided further, That without regard to existing 
     statute, funds appropriated may be used to proceed, at the 
     discretion of the Centers for Disease Control and Prevention, 
     with property acquisition, including a long-term ground lease 
     for construction on non-federal land, to support the 
     construction of a replacement laboratory in the Fort Collins, 
     Colorado area: Provided further, That notwithstanding any 
     other provision of law, a single contract or related 
     contracts for development and construction of facilities may 
     be employed which collectively include the full scope of the 
     project: Provided further, That the solicitation and contract 
     shall contain the clause ``availability of funds'' found at 
     48 CFR 52.232-18.

                     National Institutes of Health

                       National Cancer Institute

       For carrying out section 301 and title IV of the Public 
     Health Service Act with respect to cancer, $4,770,519,000.

               National Heart, Lung, and Blood Institute

       For carrying out section 301 and title IV of the Public 
     Health Service Act with respect to cardiovascular, lung, and 
     blood diseases, and blood and blood products, $2,867,995,000.

         National Institute of Dental and Craniofacial Research

       For carrying out section 301 and title IV of the Public 
     Health Service Act with respect to dental disease, 
     $382,396,000.

    National Institute of Diabetes and Digestive and Kidney Diseases

       For carrying out section 301 and title IV of the Public 
     Health Service Act with respect to diabetes and digestive and 
     kidney disease, $1,670,007,000.

        National Institute of Neurological Disorders and Stroke

       For carrying out section 301 and title IV of the Public 
     Health Service Act with respect to neurological disorders and 
     stroke, $1,468,926,000.

         National Institute of Allergy and Infectious Diseases


                     (including transfer of funds)

       For carrying out section 301 and title IV of the Public 
     Health Service Act with respect to allergy and infectious 
     diseases, $4,335,255,000: Provided, That $100,000,000 may be 
     made available to International Assistance Programs, ``Global 
     Fund to Fight HIV/AIDS, Malaria, and Tuberculosis'', to 
     remain available until expended.

             National Institute of General Medical Sciences

       For carrying out section 301 and title IV of the Public 
     Health Service Act with respect to general medical sciences, 
     $1,923,133,000.

        National Institute of Child Health and Human Development

       For carrying out section 301 and title IV of the Public 
     Health Service Act with respect to child health and human 
     development, $1,245,371,000.

                         National Eye Institute

       For carrying out section 301 and title IV of the Public 
     Health Service Act with respect to eye diseases and visual 
     disorders, $648,299,000.

          National Institute of Environmental Health Sciences

       For carrying out sections 301 and 311 and title IV of the 
     Public Health Service Act with respect to environmental 
     health sciences, $630,774,000.

                      National Institute on Aging

       For carrying out section 301 and title IV of the Public 
     Health Service Act with respect to aging, $994,411,000.

[[Page 17552]]



 National Institute of Arthritis and Musculoskeletal and Skin Diseases

       For carrying out section 301 and title IV of the Public 
     Health Service Act with respect to arthritis and 
     musculoskeletal and skin diseases, $502,778,000.

    National Institute on Deafness and Other Communication Disorders

       For carrying out section 301 and title IV of the Public 
     Health Service Act with respect to deafness and other 
     communication disorders, $380,377,000.

                 National Institute of Nursing Research

       For carrying out section 301 and title IV of the Public 
     Health Service Act with respect to nursing research, 
     $134,579,000.

           National Institute on Alcohol Abuse and Alcoholism

       For carrying out section 301 and title IV of the Public 
     Health Service Act with respect to alcohol abuse and 
     alcoholism, $430,121,000.

                    National Institute on Drug Abuse

       For carrying out section 301 and title IV of the Public 
     Health Service Act with respect to drug abuse, $995,614,000.

                  National Institute of Mental Health

       For carrying out section 301 and title IV of the Public 
     Health Service Act with respect to mental health, 
     $1,382,114,000.

                National Human Genome Research Institute

       For carrying out section 301 and title IV of the Public 
     Health Service Act with respect to human genome research, 
     $478,072,000.

      National Institute of Biomedical Imaging and Bioengineering

       For carrying out section 301 and title IV of the Public 
     Health Service Act with respect to biomedical imaging and 
     bioengineering research, $282,109,000.

                 National Center for Research Resources

       For carrying out section 301 and title IV of the Public 
     Health Service Act with respect to research resources and 
     general research support grants, $1,053,926,000: Provided, 
     That none of these funds shall be used to pay recipients of 
     the general research support grants program any amount for 
     indirect expenses in connection with such grants.

       National Center for Complementary and Alternative Medicine

       For carrying out section 301 and title IV of the Public 
     Health Service Act with respect to complementary and 
     alternative medicine, $116,202,000.

       National Center on Minority Health and Health Disparities

       For carrying out section 301 and title IV of the Public 
     Health Service Act with respect to minority health and health 
     disparities research, $192,724,000.

                  John E. Fogarty International Center

       For carrying out the activities at the John E. Fogarty 
     International Center, $64,266,000.

                      National Library of Medicine

       For carrying out section 301 and title IV of the Public 
     Health Service Act with respect to health information 
     communications, $316,040,000, of which $4,000,000 shall be 
     available until expended for improvement of information 
     systems: Provided, That in fiscal year 2004, the Library may 
     enter into personal services contracts for the provision of 
     services in facilities owned, operated, or constructed under 
     the jurisdiction of the National Institutes of Health.

                         Office of the Director


                     (including transfer of funds)

       For carrying out the responsibilities of the Office of the 
     Director, National Institutes of Health, $317,983,000: 
     Provided, That funding shall be available for the purchase of 
     not to exceed 29 passenger motor vehicles for replacement 
     only: Provided further, That the Director may direct up to 1 
     percent of the total amount made available in this or any 
     other Act to all National Institutes of Health appropriations 
     to activities the Director may so designate: Provided 
     further, That no such appropriation shall be decreased by 
     more than 1 percent by any such transfers and that the 
     Congress is promptly notified of the transfer: Provided 
     further, That the National Institutes of Health is authorized 
     to collect third party payments for the cost of clinical 
     services that are incurred in National Institutes of Health 
     research facilities and that such payments shall be credited 
     to the National Institutes of Health Management Fund: 
     Provided further, That all funds credited to the National 
     Institutes of Health Management Fund shall remain available 
     for 1 fiscal year after the fiscal year in which they are 
     deposited: Provided further, That up to $500,000 shall be 
     available to carry out section 499 of the Public Health 
     Service Act.


                        buildings and facilities

       For the study of, construction of, renovation of, and 
     acquisition of equipment for, facilities of or used by the 
     National Institutes of Health, including the acquisition of 
     real property, $80,000,000, to remain available until 
     expended.

       Substance Abuse and Mental Health Services Administration


               substance abuse and mental health services

       For carrying out titles V and XIX of the Public Health 
     Service Act with respect to substance abuse and mental health 
     services, the Protection and Advocacy for Mentally Ill 
     Individuals Act of 1986, and section 301 of the Public Health 
     Service Act with respect to program management, 
     $3,329,000,000: Provided further, That in addition to amounts 
     provided herein, $16,000,000 shall be made available from 
     amounts available under section 241 of the Public Health 
     Service Act to carry out national surveys on drug abuse.

               Agency for Healthcare Research and Quality


                    Healthcare Research and Quality

       For carrying out titles III and IX of the Public Health 
     Service Act, and part A of title XI of the Social Security 
     Act, amounts received from Freedom of Information Act fees, 
     reimbursable and interagency agreements, and the sale of data 
     shall be credited to this appropriation and shall remain 
     available until expended: Provided, That the amount made 
     available pursuant to section 927(c) of the Public Health 
     Service Act shall not exceed $303,695,000.

               Centers for Medicare and Medicaid Services


                     Grants to States for Medicaid

       For carrying out, except as otherwise provided, titles XI 
     and XIX of the Social Security Act, $130,892,197,000, to 
     remain available until expended.
       For making, after May 31, 2004, payments to States under 
     title XIX of the Social Security Act for the last quarter of 
     fiscal year 2004 for unanticipated costs, incurred for the 
     current fiscal year, such sums as may be necessary.
       For making payments to States or in the case of section 
     1928 on behalf of States under title XIX of the Social 
     Security Act for the first quarter of fiscal year 2005, 
     $58,416,275,000, to remain available until expended.
       Payment under title XIX may be made for any quarter with 
     respect to a State plan or plan amendment in effect during 
     such quarter, if submitted in or prior to such quarter and 
     approved in that or any subsequent quarter.


                  Payments to Health Care Trust Funds

       For payment to the Federal Hospital Insurance and the 
     Federal Supplementary Medical Insurance Trust Funds, as 
     provided under section 1844 of the Social Security Act, 
     sections 103(c) and 111(d) of the Social Security Amendments 
     of 1965, section 278(d) of Public Law 97-248, and for 
     administrative expenses incurred pursuant to section 201(g) 
     of the Social Security Act, $95,084,100,000.


                           Program Management

       For carrying out, except as otherwise provided, titles XI, 
     XVIII, XIX, and XXI of the Social Security Act, titles XIII 
     and XXVII of the Public Health Service Act, and the Clinical 
     Laboratory Improvement Amendments of 1988, not to exceed 
     $2,698,025,000, to be transferred from the Federal Hospital 
     Insurance and the Federal Supplementary Medical Insurance 
     Trust Funds, as authorized by section 201(g) of the Social 
     Security Act; together with all funds collected in accordance 
     with section 353 of the Public Health Service Act and section 
     1857(e)(2) of the Social Security Act, and such sums as may 
     be collected from authorized user fees and the sale of data, 
     which shall remain available until expended, and together 
     with administrative fees collected relative to Medicare 
     overpayment recovery activities, which shall remain available 
     until expended: Provided, That all funds derived in 
     accordance with 31 U.S.C. 9701 from organizations established 
     under title XIII of the Public Health Service Act shall be 
     credited to and available for carrying out the purposes of 
     this appropriation: Provided further, That $65,000,000, to 
     remain available until September 30, 2005, is for contract 
     costs for CMS' Systems Revitalization Plan: Provided further, 
     That $56,991,000, to remain available until September 30, 
     2005, is for contract costs for the Healthcare Integrated 
     General Ledger Accounting System: Provided further, That 
     $129,000,000 shall be for processing Medicare appeals: 
     Provided further, That the Secretary of Health and Human 
     Services is directed to collect fees in fiscal year 2004 from 
     Medicare+Choice organizations pursuant to section 1857(e)(2) 
     of the Social Security Act and from eligible organizations 
     with risk-sharing contracts under section 1876 of that Act 
     pursuant to section 1876(k)(4)(D) of that Act.


      Health Maintenance Organization Loan and Loan Guarantee Fund

       For carrying out subsections (d) and (e) of section 1308 of 
     the Public Health Service Act, any amounts received by the 
     Secretary in connection with loans and loan guarantees under 
     title XIII of the Public Health Service Act, to be available 
     without fiscal year limitation for the payment of outstanding 
     obligations. During fiscal year 2004, no commitments for 
     direct loans or loan guarantees shall be made.

                Administration for Children and Families


  Payments to States for Child Support Enforcement and Family Support 
                                Programs

       For making payments to States or other non-Federal entities 
     under titles I, IV-D, X, XI, XIV, and XVI of the Social 
     Security Act and the Act of July 5, 1960 (24 U.S.C. ch. 9), 
     $3,292,970,000, to remain available until expended; and for 
     such purposes for the first quarter of fiscal year 2005, 
     $1,200,000,000, to remain available until expended.

[[Page 17553]]

       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, $1,700,000,000.
       For making payments under title XXVI of the Omnibus Budget 
     Reconciliation Act of 1981, $100,000,000: Provided, That 
     these funds are for the unanticipated home energy assistance 
     needs of one or more States, as authorized by section 2604(e) 
     of the Act, and notwithstanding the designation requirement 
     of section 2602(e).


                     refugee and entrant assistance

       For necessary expenses for refugee and entrant assistance 
     activities authorized by title IV of the Immigration and 
     Nationality Act and section 501 of the Refugee Education 
     Assistance Act of 1980 (Public Law 96-422), for carrying out 
     section 462 of the Homeland Security Act of 2002 (Public Law 
     107-296), and for carrying out section 5 of the Torture 
     Victims Relief Act of 1998 (Public Law 105-320), 
     $461,853,000, of which up to $10,000,000 shall be available 
     to carry out the Trafficking Victims Protection Act of 2000 
     (Public Law 106-386, div. A): Provided, That funds 
     appropriated under this heading pursuant to section 414(a) of 
     the Immigration and Nationality Act for fiscal year 2004 
     shall be available for the costs of assistance provided and 
     other activities, to remain available through September 30, 
     2006.


   payments to states for the child care and development block grant

       For carrying out sections 658A through 658R of the Omnibus 
     Budget Reconciliation Act of 1981 (The Child Care and 
     Development Block Grant Act of 1990), $2,099,729,000 shall be 
     used to supplement, not supplant state general revenue funds 
     for child care assistance for low-income families: Provided, 
     That $19,120,000 shall be available for child care resource 
     and referral and school-aged child care activities, of which 
     $1,000,000 shall be for the Child Care Aware toll free 
     hotline: Provided further, That, in addition to the amounts 
     required to be reserved by the States under section 658G, 
     $272,672,000 shall be reserved by the States for activities 
     authorized under section 658G, of which $100,000,000 shall be 
     for activities that improve the quality of infant and toddler 
     care: Provided further, That $9,864,000 shall be for use by 
     the Secretary for child care research, demonstration, and 
     evaluation activities.


                      social services block grant

       For making grants to States pursuant to section 2002 of the 
     Social Security Act, $1,700,000,000: Provided, That 
     notwithstanding subparagraph (B) of section 404(d)(2) of such 
     Act, the applicable percent specified under such subparagraph 
     for a State to carry out State programs pursuant to title XX 
     of such Act shall be 5.5 percent.


                        disabled voter services

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


                children and families services programs

       For carrying out, except as otherwise provided, the Runaway 
     and Homeless Youth Act, the Developmental Disabilities 
     Assistance and Bill of Rights Act, the Head Start Act, the 
     Child Abuse Prevention and Treatment Act, sections 310 and 
     316 of the Family Violence Prevention and Services Act, as 
     amended, the Native American Programs Act of 1974, title II 
     of Public Law 95-266 (adoption opportunities), the Adoption 
     and Safe Families Act of 1997 (Public Law 105-89), sections 
     1201 and 1211 of the Children's Health Act of 2000, the 
     Abandoned Infants Assistance Act of 1988, part B(1) of title 
     IV and sections 413, 429A, 1110, and 1115 of the Social 
     Security Act, and sections 40155, 40211, and 40241 of Public 
     Law 103-322; for making payments under the Community Services 
     Block Grant Act, sections 439(h), 473A, and 477(i) of the 
     Social Security Act, and title IV of Public Law 105-285, and 
     for necessary administrative expenses to carry out said Acts 
     and titles I, IV, X, XI, XIV, XVI, and XX of the Social 
     Security Act, the Act of July 5, 1960 (24 U.S.C. ch. 9), the 
     Omnibus Budget Reconciliation Act of 1981, title IV of the 
     Immigration and Nationality Act, section 501 of the Refugee 
     Education Assistance Act of 1980, section 5 of the Torture 
     Victims Relief Act of 1998 (Public Law 105-320), sections 
     40155, 40211, and 40241 of Public Law 103-322, and section 
     126 and titles IV and V of Public Law 100-485, 
     $8,599,670,000, of which $43,000,000, to remain available 
     until September 30, 2005, shall be for grants to States for 
     adoption incentive payments, as authorized by section 473A of 
     title IV of the Social Security Act (42 U.S.C. 670-679) and 
     may be made for adoptions completed before September 30, 
     2004; of which $6,815,570,000 shall be for making payments 
     under the Head Start Act, of which $1,400,000,000 shall 
     become available October 1, 2004 and remain available through 
     September 30, 2005; and of which $577,562,000 shall be for 
     making payments under the Community Services Block Grant Act: 
     Provided, That not less than $7,250,000 shall be for section 
     680(3)(B) of the Community Services Block Grant Act, as 
     amended: Provided further, That to the extent Community 
     Services Block Grant funds are distributed as grant funds by 
     a State to an eligible entity as provided under the Act, and 
     have not been expended by such entity, they shall remain with 
     such entity for carryover into the next fiscal year for 
     expenditure by such entity consistent with program purposes: 
     Provided further, That the Secretary shall establish 
     procedures regarding the disposition of intangible property 
     which permits grant funds, or intangible assets acquired with 
     funds authorized under section 680 of the Community Services 
     Block Grant Act, as amended, to become the sole property of 
     such grantees after a period of not more than 12 years after 
     the end of the grant for purposes and uses consistent with 
     the original grant: Provided further, That funds appropriated 
     for section 680(a)(2) of the Community Services Block Grant 
     Act, as amended, shall be available for financing 
     construction and rehabilitation and loans or investments in 
     private business enterprises owned by community development 
     corporations: Provided further, That $88,043,000 shall be for 
     activities authorized by the Runaway and Homeless Youth Act, 
     notwithstanding the allocation requirements of section 388(a) 
     of such Act, of which $26,413,000 is for the transitional 
     living program: Provided further, That $50,000,000 is for a 
     compassion capital fund to provide grants to charitable 
     organizations to emulate model social service programs and to 
     encourage research on the best practices of social service 
     organizations.


                   promoting safe and stable families

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


       payments to states for foster care and adoption assistance

       For making payments to States or other non-Federal entities 
     under title IV-E of the Social Security Act, $5,068,300,000.
       For making payments to States or other non-Federal entities 
     under title IV-E of the Act, for the first quarter of fiscal 
     year 2005, $1,767,700,000.
       For making, after May 31 of the current fiscal year, 
     payments to States or other non-Federal entities under 
     section 474 of title IV-E, for the last 3 months of the 
     current fiscal year for unanticipated costs, incurred for the 
     current fiscal year, such sums as may be necessary.

                        Administration on Aging


                        aging services programs

       For carrying out, to the extent not otherwise provided, the 
     Older Americans Act of 1965, as amended, and section 398 of 
     the Public Health Service Act, $1,377,421,000, of which 
     $5,000,000 shall be available for activities regarding 
     medication management, screening, and education to prevent 
     incorrect medication and adverse drug reactions; and of which 
     $2,842,000 shall remain available until September 30, 2006 
     for the White House Conference on Aging.

                        Office of the Secretary


                    General Departmental Management

       For necessary expenses, not otherwise provided, for general 
     departmental management, including hire of six sedans, and 
     for carrying out titles III, XVII, and XX of the Public 
     Health Service Act, and the United States-Mexico Border 
     Health Commission Act, $343,284,000, together with $5,813,000 
     to be transferred and expended as authorized by section 
     201(g)(1) of the Social Security Act from the Hospital 
     Insurance Trust Fund and the Supplemental Medical Insurance 
     Trust Fund: Provided, That of the funds made available under 
     this heading for carrying out title XX of the Public Health 
     Service Act, $11,185,000 shall be for activities specified 
     under section 2003(b)(2), of which $10,157,000 shall be for 
     prevention service demonstration grants under section 
     510(b)(2) of title V of the Social Security Act, as amended, 
     without application of the limitation of section 2010(c) of 
     said title XX: Provided further, That of this amount, 
     $49,675,000 is for minority AIDS prevention and treatment 
     activities; $18,400,000 is for an Information Technology 
     Security and Innovation Fund for Department-wide activities 
     involving cybersecurity, information technology security, and 
     related innovation projects, and

[[Page 17554]]

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


            public health and social services emergency fund

       For expenses necessary to support activities related to 
     countering potential biological, disease and chemical threats 
     to civilian populations, $1,726,846,000: Provided, That this 
     amount is distributed as follows: Centers for Disease Control 
     and Prevention, $1,116,156,000; Office of the Secretary, 
     $64,820,000; and Health Resources and Services 
     Administration; $545,870,000: Provided further, That at the 
     discretion of the Secretary of Health and Human Services, 
     these amounts may be transferred between categories subject 
     to normal reprogramming procedures: Provided further, That 
     employees of the Centers for Disease Control and Prevention 
     or the Public Health Service, both civilian and Commissioned 
     Officers, detailed to States, municipalities, or other 
     organizations under authority of section 214 of the Public 
     Health Service Act for purposes related to homeland security, 
     shall be treated as non-Federal employees for reporting 
     purposes only and shall not be included within any personnel 
     ceiling applicable to the Agency, Service, or the Department 
     of Health and Human Services during the period of detail or 
     assignment.
       In addition, for activities to ensure a year-round 
     influenza vaccine production capacity and the development and 
     implementation of rapidly expandable influenza vaccine 
     production technologies, $50,000,000, to remain available 
     until expended.

                           GENERAL PROVISIONS

       Sec. 201. Funds appropriated in this title shall be 
     available for not to exceed $50,000 for official reception 
     and representation expenses when specifically approved by the 
     Secretary.
       Sec. 202. The Secretary shall make available through 
     assignment not more than 60 employees of the Public Health 
     Service to assist in child survival activities and to work in 
     AIDS programs through and with funds provided by the Agency 
     for International Development, the United Nations 
     International Children's Emergency Fund or the World Health 
     Organization.
       Sec. 203. None of the funds appropriated under this Act may 
     be used to implement section 399F(b) of the Public Health 
     Service Act or section 1503 of the National Institutes of 
     Health Revitalization Act of 1993, Public Law 103-43.
       Sec. 204. None of the funds appropriated in this Act for 
     the National Institutes of Health, the Agency for Healthcare 
     Research and Quality, and the Substance Abuse and Mental 
     Health Services Administration shall be used to pay the 
     salary of an individual, through a grant or other extramural 
     mechanism, at a rate in excess of Executive Level I.
       Sec. 205. None of the funds appropriated in this Act may be 
     expended pursuant to section 241 of the Public Health Service 
     Act, except for funds specifically provided for in this Act, 
     or for other taps and assessments made by any office located 
     in the Department of Health and Human Services, prior to the 
     Secretary's preparation and submission of a report to the 
     Committee on Appropriations of the Senate and of the House 
     detailing the planned uses of such funds.
       Sec. 206. Notwithstanding section 241(a) of the Public 
     Health Service Act, such portion as the Secretary shall 
     determine, but not more than 1.25 percent, of any amounts 
     appropriated for programs authorized under said Act shall be 
     made available for the evaluation (directly, or by grants or 
     contracts) of the implementation and effectiveness of such 
     programs.


                          (transfer of funds)

       Sec. 207. Not to exceed 1 percent of any discretionary 
     funds (pursuant to the Balanced Budget and Emergency Deficit 
     Control Act of 1985, as amended) which are appropriated for 
     the current fiscal year for the Department of Health and 
     Human Services in this Act may be transferred between 
     appropriations, but no such appropriation shall be increased 
     by more than 3 percent by any such transfer: Provided, That 
     an appropriation may be increased by up to an additional 2 
     percent subject to approval by the House and Senate 
     Committees on Appropriations: Provided further, That the 
     Appropriations Committees of both Houses of Congress are 
     notified at least 15 days in advance of any transfer.
       Sec. 208. The Director of the National Institutes of 
     Health, jointly with the Director of the Office of AIDS 
     Research, may transfer up to 3 percent among institutes, 
     centers, and divisions from the total amounts identified by 
     these two Directors as funding for research pertaining to the 
     human immunodeficiency virus: Provided, That the Congress is 
     promptly notified of the transfer.
       Sec. 209. Of the amounts made available in this Act for the 
     National Institutes of Health, the amount for research 
     related to the human immunodeficiency virus, as jointly 
     determined by the Director of the National Institutes of 
     Health and the Director of the Office of AIDS Research, shall 
     be made available to the ``Office of AIDS Research'' account. 
     The Director of the Office of AIDS Research shall transfer 
     from such account amounts necessary to carry out section 
     2353(d)(3) of the Public Health Service Act.
       Sec. 210. None of the funds appropriated in this Act may be 
     made available to any entity under title X of the Public 
     Health Service Act unless the applicant for the award 
     certifies to the Secretary that it encourages family 
     participation in the decision of minors to seek family 
     planning services and that it provides counseling to minors 
     on how to resist attempts to coerce minors into engaging in 
     sexual activities.
       Sec. 211. None of the funds appropriated by this Act 
     (including funds appropriated to any trust fund) may be used 
     to carry out the Medicare+Choice program if the Secretary 
     denies participation in such program to an otherwise eligible 
     entity (including a Provider Sponsored Organization) because 
     the entity informs the Secretary that it will not provide, 
     pay for, provide coverage of, or provide referrals for 
     abortions: Provided, That the Secretary shall make 
     appropriate prospective adjustments to the capitation payment 
     to such an entity (based on an actuarially sound estimate of 
     the expected costs of providing the service to such entity's 
     enrollees): Provided further, That nothing in this section 
     shall be construed to change the Medicare program's coverage 
     for such services and a Medicare+Choice organization 
     described in this section shall be responsible for informing 
     enrollees where to obtain information about all Medicare 
     covered services.
       Sec. 212. Notwithstanding any other provision of law, no 
     provider of services under title X of the Public Health 
     Service Act shall be exempt from any State law requiring 
     notification or the reporting of child abuse, child 
     molestation, sexual abuse, rape, or incest.
       Sec. 213. (a) Except as provided by subsection (e) none of 
     the funds appropriated by this Act may be used to withhold 
     substance abuse funding from a State pursuant to section 1926 
     of the Public Health Service Act (42 U.S.C. 300x-26) if such 
     State certifies to the Secretary of Health and Human Services 
     by May 1, 2004 that the State will commit additional State 
     funds, in accordance with subsection (b), to ensure 
     compliance with State laws prohibiting the sale of tobacco 
     products to individuals under 18 years of age.
       (b) The amount of funds to be committed by a State under 
     subsection (a) shall be

[[Page 17555]]

     equal to 1 percent of such State's substance abuse block 
     grant allocation for each percentage point by which the State 
     misses the retailer compliance rate goal established by the 
     Secretary of Health and Human Services under section 1926 of 
     such Act.
       (c) The State is to maintain State expenditures in fiscal 
     year 2004 for tobacco prevention programs and for compliance 
     activities at a level that is not less than the level of such 
     expenditures maintained by the State for fiscal year 2002, 
     and adding to that level the additional funds for tobacco 
     compliance activities required under subsection (a). The 
     State is to submit a report to the Secretary on all fiscal 
     year 2003 State expenditures and all fiscal year 2004 
     obligations for tobacco prevention and compliance activities 
     by program activity by July 31, 2004.
       (d) The Secretary shall exercise discretion in enforcing 
     the timing of the State obligation of the additional funds 
     required by the certification described in subsection (a) as 
     late as July 31, 2004.
       (e) None of the funds appropriated by this Act may be used 
     to withhold substance abuse funding pursuant to section 1926 
     from a territory that receives less than $1,000,000.
       Sec. 214. In order for the Centers for Disease Control and 
     Prevention to carry out international health activities, 
     including HIV/AIDS and other infectious disease, chronic and 
     environmental disease, and other health activities abroad 
     during fiscal year 2004, the Secretary of Health and Human 
     Services is authorized to provide such funds by advance or 
     reimbursement to the Secretary of State as may be necessary 
     to pay the costs of acquisition, lease, alteration, 
     renovation, and management of facilities outside of the 
     United States for the use of the Department of Health and 
     Human Services. The Department of State shall cooperate fully 
     with the Secretary of Health and Human Services to ensure 
     that the Department of Health and Human Services has secure, 
     safe, functional facilities that comply with applicable 
     regulation governing location, setback, and other facilities 
     requirements and serve the purposes established by this Act. 
     The Secretary of Health and Human Services is authorized, in 
     consultation with the Secretary of State, through grant or 
     cooperative agreement, to make available to public or 
     nonprofit private institutions or agencies in participating 
     foreign countries, funds to acquire, lease, alter, or 
     renovate facilities in those countries as necessary to 
     conduct programs of assistance for international health 
     activities, including activities relating to HIV/AIDS and 
     other infectious diseases, chronic and environmental 
     diseases, and other health activities abroad.
       Sec. 215. (a) In addition to the authority provided in 
     section 214, in order for the Centers for Disease Control and 
     Prevention to carry out international health activities, 
     including HIV/AIDS and other infectious disease, chronic and 
     environmental disease, and other health activities abroad 
     during fiscal year 2004, the Secretary of Health and Human 
     Services may exercise authority equivalent to that available 
     to the Secretary of State in section 2(c) of the State 
     Department Basic Authorities Act of 1956 (22 U.S.C. 2669(c)).
       (b) The Secretary of Health and Human Services shall 
     consult with the Secretary of State and relevant Chief of 
     Mission to ensure that the authority provided in this section 
     is excercised in a manner consistent with section 207 of the 
     Foreign Service Act of 1980 (22 U.S.C. 3927) and other 
     applicable statutes administered by the Department of State.
       Sec. 216. The Division of Federal Occupational Health may 
     utilize personal services contracting to employ professional 
     management/administrative and occupational health 
     professionals.
       Sec. 217. (a) CMS Program Management Account.--The amount 
     otherwise provided by this Act for ``Centers for Medicare and 
     Medicaid Services--Program Management'' is hereby reduced by 
     $98,000,000.
       (B) Medicare Claims Processing Fee.--
       (1) In general.--Notwithstanding section 1842(c)(4) of the 
     Social Security Act, each claim submitted by an individual or 
     entity furnishing items or services for which payment may be 
     made under part A or part B of title XVIII of such Act is 
     subject to a processing fee of $2.50 if the claim--
       (A) duplicates, in whole or in part, another claim 
     submitted by the same individual or entity; or
       (B) is a claim that cannot be processed and must be 
     returned by the medicare claims processing contractor 
     involved to the individual or entity for completion or 
     correction.
       (2) Deduction and transfer.--The Secretary of Health and 
     Human Services shall deduct any fees assessed pursuant to 
     paragraph (1) against an individual or entity from amounts 
     otherwise payable from a trust fund under such title to such 
     individual or entity, and shall transfer the amount so 
     deducted from such trust fund to the Program Management 
     account of the Centers for Medicare & Medicaid Services.
       (3) Availability.--Fees collected under this subsection 
     shall remain available until expended. Such fees shall be 
     available for obligation in a fiscal year only in the amount 
     specified in the appropriation Act for such fiscal year.
       (4) Waiver authority.--The Secretary of Health and Human 
     Services may provide for waiver of fees for claims described 
     in paragraph (2) in cases of such compelling circumstances as 
     the Secretary may determine.
       (5) Exclusion of fees in allowable costs.--An entity may 
     not include a fee assessed pursuant to this subsection as an 
     allowable item on a cost report under the Social Security 
     Act.
       (6) Effective date.--This subsection shall apply to claims 
     referred to in paragraph (1) submitted on or after a date, 
     specified by the Secretary of Health and Human Services, that 
     is not later than 3 months after the date of the enactment of 
     this Act.
       Sec. 218. The amount appropriated in this Act for ``Centers 
     for Disease Control and Prevention--Disease Control, 
     Research, and Training'' is hereby reduced by $49,982,000, to 
     be derived from the amounts made available for administrative 
     and related information technology expenses: Provided, That 
     the Director of the Centers for Disease Control and 
     Prevention shall determine the allocation of the reduction 
     among Agency activities, and shall submit to the Committees 
     on Appropriations a report specifying the proposed 
     allocation.

                   TITLE III--DEPARTMENT OF EDUCATION

                    Education for the Disadvantaged

       For carrying out title I of the Elementary and Secondary 
     Education Act of 1965 (``ESEA'') and section 418A of the 
     Higher Education Act of 1965, $14,507,000,000, of which 
     $6,943,199,000 shall become available on July 1, 2004, and 
     shall remain available through September 30, 2005, and of 
     which $7,383,301,000 shall become available on October 1, 
     2004, and shall remain available through September 30, 2005, 
     for academic year 2004-2005: Provided, That $7,172,971,000 
     shall be available for basic grants under section 1124: 
     Provided further, That up to $3,500,000 of these funds shall 
     be available to the Secretary of Education on October 1, 
     2003, to obtain updated educational-agency-level census 
     poverty data from the Bureau of the Census: Provided further, 
     That $1,365,031,000 shall be available for concentration 
     grants under section 1124A: Provided further, That 
     $3,018,499,000 shall be available for targeted grants under 
     section 1125: Provided further, That $793,499,000 shall be 
     available for education finance incentive grants under 
     section 1125A: Provided further, That $235,000,000 shall be 
     available for comprehensive school reform grants under part F 
     of the ESEA: Provided further, That from the $9,500,000 
     available to carry out part E of title I, up to $1,000,000 
     shall be available to the Secretary of Education to provide 
     technical assistance to state and local educational agencies 
     concerning part A of title I.

                               Impact Aid

       For carrying out programs of financial assistance to 
     federally affected schools authorized by title VIII of the 
     Elementary and Secondary Education Act of 1965, 
     $1,238,324,000, of which $1,073,000,000 shall be for basic 
     support payments under section 8003(b), $50,668,000 shall be 
     for payments for children with disabilities under section 
     8003(d), $44,708,000 shall be for construction under section 
     8007 and shall remain available through September 30, 2005, 
     $62,000,000 shall be for Federal property payments under 
     section 8002, and $7,948,000, to remain available until 
     expended, shall be for facilities maintenance under section 
     8008.

                      School Improvement Programs

       For carrying out school improvement activities authorized 
     by titles II, part B of title IV, part A and subpart 6 of 
     part D of title V, parts A and B of title VI, and parts B and 
     C of title VII of the Elementary and Secondary Education Act 
     of 1965 (``ESEA''); the McKinney-Vento Homeless Assistance 
     Act; and the Civil Rights Act of 1964, $5,797,637,000, of 
     which $4,296,772,000 shall become available on July 1, 2004, 
     and remain available through September 30, 2005, and of which 
     $1,435,000,000 shall become available on October 1, 2004, and 
     shall remain available through September 30, 2005, for 
     academic year 2004-2005: Provided, That $390,000,000 shall be 
     for subpart l of part A of title VI of the ESEA: Provided 
     further, That no funds appropriated under this heading may be 
     used to carry out section 5494 under the Elementary and 
     Secondary Education Act.

                            Indian Education

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

                       Innovation and Improvement

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

[[Page 17556]]

     Credentialling program may be reserved by the Secretary to 
     conduct an evaluation of the program.

                 Safe Schools and Citizenship Education

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

                      English Language Acquisition

       For carrying out title III, part A of the ESEA, 
     $685,515,000, of which $560,543,000 shall become available on 
     July 1, 2004, and shall remain available through September 
     30, 2005.

                           Special Education

       For carrying out the Individuals with Disabilities 
     Education Act, $11,049,790,000, of which $5,690,762,000 shall 
     become available for obligation on July 1, 2004, and shall 
     remain available through September 30, 2005, and of which 
     $5,072,000,000 shall become available on October 1, 2004, and 
     shall remain available through September 30, 2005, for 
     academic year 2004-2005: Provided, That $11,400,000 shall be 
     for Recording for the Blind and Dyslexic to support the 
     development, production, and circulation of recorded 
     educational materials: Provided further, That the amount for 
     section 611(c) of the Act shall be equal to the amount 
     available for that section during fiscal year 2003 increased 
     by the amount of inflation as specified in section 
     611(f)(1)(B)(ii) of the Act.

            Rehabilitation Services and Disability Research

       For carrying out, to the extent not otherwise provided, the 
     Rehabilitation Act of 1973, the Assistive Technology Act of 
     1998, and the Helen Keller National Center Act, 
     $2,999,165,000.

           Special Institutions for Persons With Disabilities


                 american printing house for the blind

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


               national technical institute for the deaf

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


                          gallaudet university

       For the Kendall Demonstration Elementary School, the Model 
     Secondary School for the Deaf, and the partial support of 
     Gallaudet University under titles I and II of the Education 
     of the Deaf Act of 1986 (20 U.S.C. 4301 et seq.), 
     $100,600,000: Provided, That from the total amount available, 
     the University may at its discretion use funds for the 
     endowment program as authorized under section 207.

                     Vocational and Adult Education

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

                      Student Financial Assistance

       For carrying out subparts 1, 3 and 4 of part A, section 
     428K, part C and part E of title IV of the Higher Education 
     Act of 1965, as amended, $14,247,432,000, which shall remain 
     available through September 30, 2005.
       The maximum Pell Grant for which a student shall be 
     eligible during award year 2004-2005 shall be $4,050.

                       Student Aid Administration

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

                            Higher Education

       For carrying out, to the extent not otherwise provided, 
     section 121 and titles II, III, IV, V, VI, and VII of the 
     Higher Education Act of 1965 (``HEA''), as amended, section 
     1543 of the Higher Education Amendments of 1992, title VIII 
     of the Higher Education Amendments of 1998, section 117 of 
     the Carl D. Perkins Vocational and Technical Education Act, 
     and the Mutual Educational and Cultural Exchange Act of 1961, 
     $1,985,991,000, of which $2,000,000 for interest subsidies 
     authorized by section 121 of the HEA shall remain available 
     until expended: Provided, That $9,935,000, to remain 
     available through September 30, 2005, shall be available to 
     fund fellowships for academic year 2005-2006 under part A, 
     subpart 1 of title VII of said Act, under the terms and 
     conditions of part A, subpart 1: Provided further, That 
     $994,000 is for data collection and evaluation activities for 
     programs under the HEA, including such activities needed to 
     comply with the Government Performance and Results Act of 
     1993: Provided further, That notwithstanding any other 
     provision of law, funds made available in this Act to carry 
     out title VI of the HEA and section 102(b)(6) of the Mutual 
     Educational and Cultural Exchange Act of 1961 may be used to 
     support visits and study in foreign countries by individuals 
     who are participating in advanced foreign language training 
     and international studies in areas that are vital to United 
     States national security and who plan to apply their language 
     skills and knowledge of these countries in the fields of 
     government, the professions, or international development: 
     Provided further, That up to one percent of the funds 
     referred to in the preceding proviso may be used for program 
     evaluation, national outreach, and information dissemination 
     activities.

                           Howard University

       For partial support of Howard University (20 U.S.C. 121 et 
     seq.), $242,770,000, of which not less than $3,600,000 shall 
     be for a matching endowment grant pursuant to the Howard 
     University Endowment Act (Public Law 98-480) and shall remain 
     available until expended.

             College Housing and Academic Facilities Loans

                                Program

       For Federal administrative expenses authorized under 
     section 121 of the Higher Education Act of 1965, $774,000 to 
     carry out activities related to existing facility loans 
     entered into under the Higher Education Act of 1965.

  Historically Black College and University Capital Financing Program 
                                Account

       The aggregate principal amount of outstanding bonds insured 
     pursuant to section 344 of title III, part D of the Higher 
     Education Act of 1965, shall not exceed $357,000,000, and the 
     cost, as defined in section 502 of the Congressional Budget 
     Act of 1974, of such bonds shall not exceed zero.
       For administrative expenses to carry out the Historically 
     Black College and University Capital Financing Program 
     entered into pursuant to title III, part D of the Higher 
     Education Act of 1965, as amended, $210,000.

                    Institute of Education Sciences

        For carrying out activities authorized by Public Law 107-
     279, $500,599,000: Provided, That of the amount appropriated, 
     $185,000,000 shall be available for obligation through 
     September 30, 2005.

                        Departmental Management

                         Program Administration

       For carrying out, to the extent not otherwise provided, the 
     Department of Education Organization Act, including rental of 
     conference rooms in the District of Columbia

[[Page 17557]]

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

                        Office for Civil Rights

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

                    Office of the Inspector General

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

                           GENERAL PROVISIONS

       Sec. 301. No funds appropriated in this Act may be used for 
     the transportation of students or teachers (or for the 
     purchase of equipment for such transportation) in order to 
     overcome racial imbalance in any school or school system, or 
     for the transportation of students or teachers (or for the 
     purchase of equipment for such transportation) in order to 
     carry out a plan of racial desegregation of any school or 
     school system.
       Sec. 302. None of the funds contained in this Act shall be 
     used to require, directly or indirectly, the transportation 
     of any student to a school other than the school which is 
     nearest the student's home, except for a student requiring 
     special education, to the school offering such special 
     education, in order to comply with title VI of the Civil 
     Rights Act of 1964. For the purpose of this section an 
     indirect requirement of transportation of students includes 
     the transportation of students to carry out a plan involving 
     the reorganization of the grade structure of schools, the 
     pairing of schools, or the clustering of schools, or any 
     combination of grade restructuring, pairing or clustering. 
     The prohibition described in this section does not include 
     the establishment of magnet schools.
       Sec. 303. No funds appropriated under this Act may be used 
     to prevent the implementation of programs of voluntary prayer 
     and meditation in the public schools.


                          (transfer of funds)

       Sec. 304. Not to exceed 1 percent of any discretionary 
     funds (pursuant to the Balanced Budget and Emergency Deficit 
     Control Act of 1985, as amended) which are appropriated for 
     the Department of Education in this Act may be transferred 
     between appropriations, but no such appropriation shall be 
     increased by more than 3 percent by any such transfer: 
     Provided, That the Appropriations Committees of both Houses 
     of Congress are notified at least 15 days in advance of any 
     transfer.
       This title may be cited as the ``Department of Education 
     Appropriations Act, 2004''.

                       TITLE IV--RELATED AGENCIES

                      Armed Forces Retirement Home

       For expenses necessary for the Armed Forces Retirement Home 
     to operate and maintain the Armed Forces Retirement Home--
     Washington and the Armed Forces Retirement Home--Gulfport, to 
     be paid from funds available in the Armed Forces Retirement 
     Home Trust Fund, $65,279,000, of which $1,983,000 shall 
     remain available until expended for construction and 
     renovation of the physical plants at the Armed Forces 
     Retirement Home--Washington and the Armed Forces Retirement 
     Home--Gulfport.

             Corporation for National and Community Service


        Domestic Volunteer Service Programs, Operating Expenses

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

                  Corporation for Public Broadcasting

       For payment to the Corporation for Public Broadcasting, as 
     authorized by the Communications Act of 1934, an amount which 
     shall be available within limitations specified by that Act, 
     for the fiscal year 2006, $330,000,000: Provided, That no 
     funds made available to the Corporation for Public 
     Broadcasting by this Act shall be used to pay for receptions, 
     parties, or similar forms of entertainment for Government 
     officials or employees: Provided further, That none of the 
     funds contained in this paragraph shall be available or used 
     to aid or support any program or activity from which any 
     person is excluded, or is denied benefits, or is 
     discriminated against, on the basis of race, color, national 
     origin, religion, or sex.
       Of the amounts made available to the Corporation for Public 
     Broadcasting for fiscal year 2004 by Public Law 107-116, up 
     to $80,000,000 is available for grants associated with the 
     transition of public broadcasting to digital broadcasting, 
     including costs related to transmission equipment and program 
     production, development, and distribution, to be awarded as 
     determinded by the Corporation in consultation with public 
     radio and television licensees or permittees, or their 
     designated representatives; and up to $20,000,000 is 
     available pursuant to section 396(k)(10) of the 
     Communications Act of 1934, as amended, for replacement and 
     upgrade of the public television interconnection system: 
     Provided, That section 396(k)(3) shall apply only to amounts 
     remaining after allocations made herein.

               Federal Mediation and Conciliation Service


                         Salaries and Expenses

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

            Federal Mine Safety and Health Review Commission


                         Salaries and Expenses

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

                Institute of Museum and Library Services

       For carrying out the Museum and Library Services Act of 
     1996, $238,126,000 to remain available until expended.

                  Medicare Payment Advisory Commission


                         Salaries and Expenses

       For expenses necessary to carry out section 1805 of the 
     Social Security Act, $9,000,000, to be transferred to this 
     appropriation from the Federal Hospital Insurance and the 
     Federal Supplementary Medical Insurance Trust Funds.

        National Commission on Libraries and Information Science


                         salaries and expenses

       For necessary expenses for the National Commission on 
     Libraries and Information Science, established by the Act of 
     July 20, 1970 (Public Law 91-345, as amended), $1,000,000.

                     National Council on Disability


                         salaries and expenses

       For expenses necessary for the National Council on 
     Disability as authorized by title IV of the Rehabilitation 
     Act of 1973, as amended, $2,830,000.

                     National Labor Relations Board


                         salaries and expenses

       For expenses necessary for the National Labor Relations 
     Board to carry out the functions vested in it by the Labor-
     Management Relations Act, 1947, as amended (29 U.S.C. 141-
     167), and other laws, $239,429,000: Provided, That no part of 
     this appropriation shall be available to organize or assist 
     in organizing agricultural laborers or used in connection 
     with investigations, hearings, directives, or orders 
     concerning bargaining units composed of agricultural laborers 
     as referred to in section 2(3) of the Act of July 5, 1935 (29 
     U.S.C. 152), and as amended by the Labor-Management Relations 
     Act, 1947, as amended, and as defined in section 3(f) of the 
     Act of June 25, 1938 (29 U.S.C. 203), and including in said 
     definition employees engaged in the maintenance and operation 
     of ditches, canals, reservoirs, and waterways when maintained 
     or operated on a mutual, nonprofit basis and at least 95 
     percent of the water stored or supplied thereby is used for 
     farming purposes.

                        National Mediation Board


                         Salaries and Expenses

       For expenses necessary to carry out the provisions of the 
     Railway Labor Act, as amended (45 U.S.C. 151-188), including 
     emergency boards appointed by the President, $11,421,000.

            Occupational Safety and Health Review Commission


                         Salaries and Expenses

       For expenses necessary for the Occupational Safety and 
     Health Review Commission (29 U.S.C. 661), $10,115,000.

[[Page 17558]]



                       Railroad Retirement Board


                     Dual Benefits Payments Account

       For payment to the Dual Benefits Payments Account, 
     authorized under section 15(d) of the Railroad Retirement Act 
     of 1974, $119,000,000, which shall include amounts becoming 
     available in fiscal year 2004 pursuant to section 
     224(c)(1)(B) of Public Law 98-76; and in addition, an amount, 
     not to exceed 2 percent of the amount provided herein, shall 
     be available proportional to the amount by which the product 
     of recipients and the average benefit received exceeds 
     $119,000,000: Provided, That the total amount provided herein 
     shall be credited in 12 approximately equal amounts on the 
     first day of each month in the fiscal year.


          Federal Payments To The Railroad Retirement Accounts

       For payment to the accounts established in the Treasury for 
     the payment of benefits under the Railroad Retirement Act for 
     interest earned on unnegotiated checks, $150,000, to remain 
     available through September 30, 2005, which shall be the 
     maximum amount available for payment pursuant to section 417 
     of Public Law 98-76.


                      Limitation On Administration

       For necessary expenses for the Railroad Retirement Board 
     for administration of the Railroad Retirement Act and the 
     Railroad Unemployment Insurance Act, $101,300,000, to be 
     derived in such amounts as determined by the Board from the 
     railroad retirement accounts and from moneys credited to the 
     railroad unemployment insurance administration fund.


             Limitation on the Office of Inspector General

       For expenses necessary for the Office of Inspector General 
     for audit, investigatory and review activities, as authorized 
     by the Inspector General Act of 1978, as amended, not more 
     than $6,600,000, to be derived from the railroad retirement 
     accounts and railroad unemployment insurance account: 
     Provided, That none of the funds made available in any other 
     paragraph of this Act may be transferred to the Office; used 
     to carry out any such transfer; used to provide any office 
     space, equipment, office supplies, communications facilities 
     or services, maintenance services, or administrative services 
     for the Office; used to pay any salary, benefit, or award for 
     any personnel of the Office; used to pay any other operating 
     expense of the Office; or used to reimburse the Office for 
     any service provided, or expense incurred, by the Office.

                     Social Security Administration


                payments to social security trust funds

       For payment to the Federal Old-Age and Survivors Insurance 
     and the Federal Disability Insurance trust funds, as provided 
     under sections 201(m), 228(g), and 1131(b)(2) of the Social 
     Security Act, $21,658,000.


                  supplemental security income program

       For carrying out titles XI and XVI of the Social Security 
     Act, section 401 of Public Law 92-603, section 212 of Public 
     Law 93-66, as amended, and section 405 of Public Law 95-216, 
     including payment to the Social Security trust funds for 
     administrative expenses incurred pursuant to section 
     201(g)(1) of the Social Security Act, $26,221,300,000, to 
     remain available until expended: Provided, That any portion 
     of the funds provided to a State in the current fiscal year 
     and not obligated by the State during that year shall be 
     returned to the Treasury.
       For making, after June 15 of the current fiscal year, 
     benefit payments to individuals under title XVI of the Social 
     Security Act, for unanticipated costs incurred for the 
     current fiscal year, such sums as may be necessary.
       For making benefit payments under title XVI of the Social 
     Security Act for the first quarter of fiscal year 2005, 
     $12,590,000,000, to remain available until expended.


                 limitation on administrative expenses

       For necessary expenses, including the hire of two passenger 
     motor vehicles, and not to exceed $15,000 for official 
     reception and representation expenses, not more than 
     $8,241,800,000 may be expended, as authorized by section 
     201(g)(1) of the Social Security Act, from any one or all of 
     the trust funds referred to therein: Provided, That not less 
     than $1,800,000 shall be for the Social Security Advisory 
     Board: Provided further, That unobligated balances of funds 
     provided under this paragraph at the end of fiscal year 2004 
     not needed for fiscal year 2004 shall remain available until 
     expended to invest in the Social Security Administration 
     information technology and telecommunications hardware and 
     software infrastructure, including related equipment and non-
     payroll administrative expenses associated solely with this 
     information technology and telecommunications infrastructure: 
     Provided further, That reimbursement to the trust funds under 
     this heading for expenditures for official time for employees 
     of the Social Security Administration pursuant to section 
     7131 of title 5, United States Code, and for facilities or 
     support services for labor organizations pursuant to 
     policies, regulations, or procedures referred to in section 
     7135(b) of such title shall be made by the Secretary of the 
     Treasury, with interest, from amounts in the general fund not 
     otherwise appropriated, as soon as possible after such 
     expenditures are made.
       In addition, $120,000,000 to be derived from administration 
     fees in excess of $5.00 per supplementary payment collected 
     pursuant to section 1616(d) of the Social Security Act or 
     section 212(b)(3) of Public Law 93-66, which shall remain 
     available until expended. To the extent that the amounts 
     collected pursuant to such section 1616(d) or 212(b)(3) in 
     fiscal year 2004 exceed $120,000,000, the amounts shall be 
     available in fiscal year 2005 only to the extent provided in 
     advance in appropriations Acts.
       From funds previously appropriated for this purpose, any 
     unobligated balances at the end of fiscal year 2003 shall be 
     available to continue Federal-State partnerships which will 
     evaluate means to promote Medicare buy-in programs targeted 
     to elderly and disabled individuals under titles XVIII and 
     XIX of the Social Security Act.


                      office of inspector general


                     (including transfer of funds)

       For expenses necessary for the Office of Inspector General 
     in carrying out the provisions of the Inspector General Act 
     of 1978, as amended, $24,500,000, together with not to exceed 
     $63,700,000, to be transferred and expended as authorized by 
     section 201(g)(1) of the Social Security Act from the Federal 
     Old-Age and Survivors Insurance Trust Fund and the Federal 
     Disability Insurance Trust Fund.
       In addition, an amount not to exceed 3 percent of the total 
     provided in this appropriation may be transferred from the 
     ``Limitation on Administrative Expenses'', Social Security 
     Administration, to be merged with this account, to be 
     available for the time and purposes for which this account is 
     available: Provided, That notice of such transfers shall be 
     transmitted promptly to the Committees on Appropriations of 
     the House and Senate.

                    United States Institute of Peace


                           operating expenses

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

                      TITLE V--GENERAL PROVISIONS

       Sec. 501. The Secretaries of Labor, Health and Human 
     Services, and Education are authorized to transfer unexpended 
     balances of prior appropriations to accounts corresponding to 
     current appropriations provided in this Act: Provided, That 
     such transferred balances are used for the same purpose, and 
     for the same periods of time, for which they were originally 
     appropriated.
       Sec. 502. No part of any appropriation contained in this 
     Act shall remain available for obligation beyond the current 
     fiscal year unless expressly so provided herein.
       Sec. 503. (a) No part of any appropriation contained in 
     this Act shall be used, other than for normal and recognized 
     executive-legislative relationships, for publicity or 
     propaganda purposes, for the preparation, distribution, or 
     use of any kit, pamphlet, booklet, publication, radio, 
     television, or video presentation designed to support or 
     defeat legislation pending before the Congress or any State 
     legislature, except in presentation to the Congress or any 
     State legislature itself.
       (b) No part of any appropriation contained in this Act 
     shall be used to pay the salary or expenses of any grant or 
     contract recipient, or agent acting for such recipient, 
     related to any activity designed to influence legislation or 
     appropriations pending before the Congress or any State 
     legislature.
       Sec. 504. The Secretaries of Labor and Education are 
     authorized to make available not to exceed $28,000 and 
     $20,000, respectively, from funds available for salaries and 
     expenses under titles I and III, respectively, for official 
     reception and representation expenses; the Director of the 
     Federal Mediation and Conciliation Service is authorized to 
     make available for official reception and representation 
     expenses not to exceed $5,000 from the funds available for 
     ``Salaries and expenses, Federal Mediation and Conciliation 
     Service''; and the Chairman of the National Mediation Board 
     is authorized to make available for official reception and 
     representation expenses not to exceed $5,000 from funds 
     available for ``Salaries and expenses, National Mediation 
     Board''.
       Sec. 505. Notwithstanding any other provision of this Act, 
     no funds appropriated under this Act shall be used to carry 
     out any program of distributing sterile needles or syringes 
     for the hypodermic injection of any illegal drug.
       Sec. 506. (a) It is the sense of the Congress that, to the 
     greatest extent practicable, all equipment and products 
     purchased with funds made available in this Act should be 
     American-made.
       (b) In providing financial assistance to, or entering into 
     any contract with, any entity using funds made available in 
     this Act, the head of each Federal agency, to the greatest 
     extent practicable, shall provide to such entity a notice 
     describing the statement made in subsection (a) by the 
     Congress.
       (c) If it has been finally determined by a court or Federal 
     agency that any person intentionally affixed a label bearing 
     a ``Made in America'' inscription, or any inscription with 
     the same meaning, to any product sold in or shipped to the 
     United States that is not made in the United States, the 
     person shall be ineligible to receive any contract or 
     subcontract made with funds made available in

[[Page 17559]]

     this Act, pursuant to the debarment, suspension, and 
     ineligibility procedures described in sections 9.400 through 
     9.409 of title 48, Code of Federal Regulations.
       Sec. 507. When issuing statements, press releases, requests 
     for proposals, bid solicitations and other documents 
     describing projects or programs funded in whole or in part 
     with Federal money, all grantees receiving Federal funds 
     included in this Act, including but not limited to State and 
     local governments and recipients of Federal research grants, 
     shall clearly state: (1) the percentage of the total costs of 
     the program or project which will be financed with Federal 
     money; (2) the dollar amount of Federal funds for the project 
     or program; and (3) percentage and dollar amount of the total 
     costs of the project or program that will be financed by non-
     governmental sources.
       Sec. 508. (a) None of the funds appropriated under this 
     Act, and none of the funds in any trust fund to which funds 
     are appropriated under this Act, shall be expended for any 
     abortion.
       (b) None of the funds appropriated under this Act, and none 
     of the funds in any trust fund to which funds are 
     appropriated under this Act, shall be expended for health 
     benefits coverage that includes coverage of abortion.
       (c) The term ``health benefits coverage'' means the package 
     of services covered by a managed care provider or 
     organization pursuant to a contract or other arrangement.
       Sec. 509. (a) The limitations established in the preceding 
     section shall not apply to an abortion--
       (1) if the pregnancy is the result of an act of rape or 
     incest; or
       (2) in the case where a woman suffers from a physical 
     disorder, physical injury, or physical illness, including a 
     life-endangering physical condition caused by or arising from 
     the pregnancy itself, that would, as certified by a 
     physician, place the woman in danger of death unless an 
     abortion is performed.
       (b) Nothing in the preceding section shall be construed as 
     prohibiting the expenditure by a State, locality, entity, or 
     private person of State, local, or private funds (other than 
     a State's or locality's contribution of Medicaid matching 
     funds).
       (c) Nothing in the preceding section shall be construed as 
     restricting the ability of any managed care provider from 
     offering abortion coverage or the ability of a State or 
     locality to contract separately with such a provider for such 
     coverage with State funds (other than a State's or locality's 
     contribution of Medicaid matching funds).
       Sec. 510. (a) None of the funds made available in this Act 
     may be used for--
       (1) the creation of a human embryo or embryos for research 
     purposes; or
       (2) research in which a human embryo or embryos are 
     destroyed, discarded, or knowingly subjected to risk of 
     injury or death greater than that allowed for research on 
     fetuses in utero under 45 CFR 46.208(a)(2) and section 498(b) 
     of the Public Health Service Act (42 U.S.C. 289g(b)).
       (b) For purposes of this section, the term ``human embryo 
     or embryos'' includes any organism, not protected as a human 
     subject under 45 CFR 46 as of the date of the enactment of 
     this Act, that is derived by fertilization, parthenogenesis, 
     cloning, or any other means from one or more human gametes or 
     human diploid cells.
       Sec. 511. (a) None of the funds made available in this Act 
     may be used for any activity that promotes the legalization 
     of any drug or other substance included in schedule I of the 
     schedules of controlled substances established by section 202 
     of the Controlled Substances Act (21 U.S.C. 812).
       (b) The limitation in subsection (a) shall not apply when 
     there is significant medical evidence of a therapeutic 
     advantage to the use of such drug or other substance or that 
     federally sponsored clinical trials are being conducted to 
     determine therapeutic advantage.
       Sec. 512. None of the funds made available in this Act may 
     be obligated or expended to enter into or renew a contract 
     with an entity if--
       (1) such entity is otherwise a contractor with the United 
     States and is subject to the requirement in section 4212(d) 
     of title 38, United States Code, regarding submission of an 
     annual report to the Secretary of Labor concerning employment 
     of certain veterans; and
       (2) such entity has not submitted a report as required by 
     that section for the most recent year for which such 
     requirement was applicable to such entity.
       Sec. 513. None of the funds made available in this Act may 
     be used to promulgate or adopt any final standard under 
     section 1173(b) of the Social Security Act (42 U.S.C. 1320d-
     2(b)) providing for, or providing for the assignment of, a 
     unique health identifier for an individual (except in an 
     individual's capacity as an employer or a health care 
     provider), until legislation is enacted specifically 
     approving the standard.
       Sec. 514. None of the funds made available in this Act may 
     be transferred to any department, agency, or instrumentality 
     of the United States Government, except pursuant to a 
     transfer made by, or transfer authority provided in, this Act 
     or any other appropriation Act.
       Sec. 515. (a) The matter under the heading ``Department of 
     Education--Education for the Disadvantaged'' in division G of 
     Public Law 108-7 is amended--
       (1) by striking ``$4,651,199,000'' and inserting 
     ``$6,895,199,000''; and
       (2) by striking ``$9,027,301,000'' and inserting 
     ``$6,783,301,000''.
       (b) The amendments made by subsection (a) shall take effect 
     on the date of the enactment of this Act.
       Sec. 516. None of the funds made available by this Act to 
     carry out the Library Services and Technology Act may be made 
     available to any library covered by paragraph (1) of section 
     224(f) of such Act (20 U.S.C. 9134(f)), as amended by the 
     Children's Internet Protections Act, unless such library has 
     made the certifications required by paragraph (4) of such 
     section.
       Sec. 517. None of the funds made available by this Act to 
     carry out part D of title II of the Elementary and Secondary 
     Education Act of 1965 may be made available to any elementary 
     or secondary school covered by paragraph (1) of section 
     2441(a) of such Act (20 U.S.C. 6777(a)), as amended by the 
     Children's Internet Protections Act and the No Child Left 
     Behind Act, unless the local educational agency with 
     responsibility for such covered school has made the 
     certifications required by paragraph (2) of such section.

  The CHAIRMAN. Are there any points of order?


                             Point of Order

  Mrs. JOHNSON of Connecticut. Mr. Chairman, I raise a point of order 
against section 217(B) on page 57, lines 7 through 25, and page 58, 
lines 1 through 24, of this bill, H.R. 2660, on the grounds that this 
provision violates clause 2(b) of House rule XXI because it is 
legislation included in a general appropriations bill.
  The CHAIRMAN. Does anybody wish to be heard on the gentlewoman's 
point of order?
  Mrs. JOHNSON of Connecticut. Mr. Chairman, I raise this point of 
order respectfully and regretfully, but it is important that this 
section be struck. In 2001, I helped author and pass in this House a 
requirement that providers be required as of this October to submit all 
Medicare claims electronically. Because most electronic billing systems 
eliminate inaccurate and duplicate claims, the user fee is unnecessary, 
as Medicare will get dramatically fewer mistakes after October. 
Harnessing a new claims processing and billing technology is preferable 
to using a punitive, per-claim tax to reduce mistakes.
  In addition, current law gives small providers the leeway that they 
need. Hospitals with fewer than 25 full-time employees or a physician 
practice with fewer than 10 full-time employees are exempted from this 
requirement.
  In sum, the current law that goes into effect October 1 covers this 
matter and provides the proper small business exemption. But in 
addition, the issue of what is a clean claim can be a very 
controversial issue and intermediaries have enormous power in this 
matter.
  Mr. REGULA. Mr. Chairman, we concede the point of order. I am just 
trying to save some time here.
  Mrs. JOHNSON of Connecticut. Mr. Chairman, I thank the gentleman, and 
I would be happy to work with him to see if we can resolve this 
problem, because I appreciate the gentleman's dedication to giving CMS 
the administrative funds they are going to need to implement some of 
the reforms. I look forward to working with the gentleman on that.
  Mr. REGULA. Mr. Chairman, we concede the point of order, and we will 
work together to solve this problem.
  The CHAIRMAN. The point of order is conceded, it is sustained, and 
the provision is stricken.


                Amendment No. 5 Offered by Mr. Bereuter

  Mr. BEREUTER. Mr. Chairman, I offer amendment No. 5.
  The CHAIRMAN. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Amendment No. 5 offered by Mr. Bereuter:
       In the item relating to ``Department of Health and Human 
     Services--Agency for Healthcare Research and Quality--
     Healthcare Research and Quality'', insert before the period 
     at the end the following:

     : Provided, That, of the funds made available under this 
     heading, $12,000,000 shall be for the conduct of research on 
     the comparative effectiveness, cost-effectiveness, and safety 
     of drugs, biological products, and devices under subparagraph 
     (B) of section 912(b)(2) of the Public Health Service Act (42 
     U.S.C. 299b-1(b)(2))

[[Page 17560]]

  The CHAIRMAN. The gentleman from Nebraska (Mr. Bereuter) and a Member 
opposed each will control 5 minutes.
  The Chair recognizes the gentleman from Nebraska (Mr. Bereuter).
  Mr. BEREUTER. Mr. Chairman, I yield myself 4 minutes.
  Mr. Chairman, this amendment requires the Agency for Healthcare 
Research and Quality to spend $12 million for the conduct of research 
on the comparative effectiveness, cost effectiveness, and safety of 
drugs, biological products and devices under their existing 
authorization.
  This is a priority-setting amendment that is intended to ensure that 
objective scientific research on prescription drugs continues or is 
accelerated in fiscal year 2004. This, unfortunately, may not be an 
increase in spending for this purpose, but the $12 million figure is 
the amount the agency estimates it currently spends on this effort to 
assess the efficacy of drugs.
  This amendment does not require new money to be spent. Instead, the 
amendment earmarks $12 million for the total amount yielded to what is 
called the AHRQ for such research. This Member wishes it could be more; 
and in fiscal year 2005, it should, pending good results, be 
dramatically increased.
  The amendment also demands accountability by requiring the agency to 
actually and productively spend such funds on this initiative.
  Mr. Chairman, while the Food and Drug Administration is charged with 
assuring the safety of pharmaceuticals that are approved for the 
marketing, clinicians, patients, health plans, insurers, and those 
financing health care services need additional help in making informed 
choices among pharmaceuticals. They need objective scientific 
information regarding the effectiveness, quality, and cost 
effectiveness of new drugs in comparison with existing alternatives, 
especially when the new drugs cost much more than those that are now on 
the market.
  While the responsibility for developing this type of scientific 
research was assigned to AHRQ and reinforced by two different 
authorizing acts, the Congress has never provided AHRQ with the 
adequate resources necessary to carry out that important mission. 
Additional pharmaceutical research conducted by the AHRQ would also be 
beneficial, for example, to the Medicaid program.
  Specifically, AHRQ's research can help State Medicaid programs better 
target their health care dollars. By a research initiative, for 
example, the AHRQ recently demonstrated that children with a common 
ailment, middle ear infection, recovered just as effectively after 
treatment by one of several antibiotics as they do from treatment by 
more expensive brand-name products. This is precisely the type of 
information that State Medicaid programs need to guide coverage 
decisions on a whole range of medical conditions, but by and large such 
objective research findings do not exist for most health conditions.
  Additional research on anti-inflammatory drugs, cholesterol treatment 
drugs, and drugs to treat other medical conditions would also be 
beneficial in the development of Medicare prescription drug benefits. 
Perhaps the AHRQ should conduct research on the clinical 
appropriateness and cost effectiveness of the 50 drugs most frequently 
prescribed for senior citizens. The findings would certainly be 
interesting; and this Member believes that, overall, it would result in 
greater cost effectiveness, greater drug efficacy, and, therefore, 
lower cost to the patients and the American taxpayers.
  Mr. Chairman, Americans deserve the best health care for their 
dollar. The goal of this amendment is to provide clinicians, patients, 
health plans, insurers, and others financing health care with the 
credible, objective information on the benefits, risks, and costs of 
prescription drugs so they can make informed decisions about the 
prescriptions they consume and prescribe.
  Mr. Chairman, I reserve the balance of my time.
  Mr. REGULA. Mr. Chairman, I seek the time in opposition to the 
amendment. However, I am willing to accept the gentleman's amendment 
with the understanding that in preparation for conference we will learn 
more about its impact on the administration and the Members' 
priorities.
  Mr. Chairman, I yield back the balance of my time.
  Mr. BEREUTER. Mr. Chairman, I yield 1 minute to the gentlewoman from 
Connecticut (Mrs. Johnson).
  Mrs. JOHNSON of Connecticut. Mr. Chairman, in deference to all, and 
the time constraints we are under, I will not take the full minute, but 
I do want to say that often very small amendments are extremely 
important. This amendment is absolutely key to reducing the costs of 
drugs.
  There are many expensive products on the market that are no better 
than aspirin, and we need to be able to demonstrate that and provide 
senior citizens and all Americans with that information so they can 
choose the most cost-effective, medically effective pharmaceutical for 
their particular needs. I commend the gentleman from Nebraska on his 
amendment.
  Mr. BEREUTER. Mr. Chairman, how much time do I have remaining?
  The CHAIRMAN. The gentleman from Nebraska has 1 minute remaining.
  Mr. BEREUTER. Mr. Chairman, I yield myself the balance of my time to, 
first of all, thank the gentlewoman for her comments, and I also thank 
the chairman for his comments and his remarks regarding securing 
information about the impact.
  I do believe that the research estimate of $12 million probably 
includes not only contract services but also direct grants. I want to 
make sure that we have not too specifically prescribed the authorizing 
subsections so that we cover all the contracting and the grants that 
are made for this purpose. So it would be good to look at that, because 
last-minute information coming to us may have provided that when we 
were actually too very specific by specifying the subsections.
  With that information, Mr. Chairman, I ask Members for their support 
on the amendment.
  Mr. NETHERCUTT. Mr. Chairman, I support the gentleman from Nebraska's 
efforts to provide Americans with information in order to make educated 
decisions about their health care needs. However, I have concerns with 
his amendment. Though the gentleman's amendment does not change the 
Agency for Healthcare Research and Quality basic statutory authority, 
it does increase funding for comparative and cost-effectiveness studies 
by the AHRQ. I am fearful that by earmarking new funds for this 
explicit purpose, it may set AHRQ in the wrong direction.
  I support efforts to reduce prescription drug costs by educating 
patients about what medicines best treat their ailments, allowing 
individual patients to make their own decisions about their health care 
needs. However, I fear that by promoting this amendment as a way to cut 
prescription drug costs it will turn comparative and cost-effectiveness 
studies into a means of implementing health care rationing by federal 
agencies such as the Centers for Medicare and Medicaid Services. An 
agency that calls itself a ``big dumb price fixer.'' The answer to 
reducing health care costs is not by limiting patient access to the 
treatments they need.
  I am concerned that government-run cost-effectiveness studies being 
promoted as a cost control tool will allow CMS to use these studies to 
pick and choose which medicines should and should not be available to 
patients. Making determinations in this way are biased against newer 
treatments that can cost more up-front but save more over time.
  In short, this amendment encourages the federal government to direct 
medical care and promotes a ``one-size-fits-all'' approach to medicine 
which is bad for patients.
  Mr. BEREUTER. Mr. Chairman, I yield back the balance of my time.
  The CHAIRMAN. The question is on the amendment offered by the 
gentleman from Nebraska (Mr. Bereuter).
  The amendment was agreed to.


                 Amendment No. 6 Offered by Mr. Rahall

  Mr. RAHALL. Mr. Chairman, I offer an amendment.
  The CHAIRMAN. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Amendment No. 6 offered by Mr. Rahall:
       At the end of the bill (before the short title), insert the 
     following:
       Sec. __. None of the funds made available in this Act may 
     be used to implement

[[Page 17561]]

     amendments to Department of Labor Mine Safety and Health 
     Administration regulations parts 70, 75, and 90 of title 30, 
     Code of Federal Regulations, as proposed on March 6, 2003.

  The CHAIRMAN. Points of order are reserved; and pursuant to the order 
of the House of today, the gentleman from West Virginia (Mr. Rahall) 
and a Member opposed each will control 10 minutes.
  The Chair recognizes the gentleman from West Virginia (Mr. Rahall).
  Mr. RAHALL. Mr. Chairman, I yield myself such time as I may consume; 
and I do offer an amendment, which is printed in the Record as No. 6.
  Mr. Chairman, I rise in recognition this afternoon of the ultimate 
sacrifice that thousands of our Nation's coal miners who have perished 
from the crippling disease known as pneumoconiosis, or black lung, have 
made to the energy security of this Nation.
  Today, I rise to extend condolences to the families of coal miners 
who died as a result of years of inhaling coal dust in our Nation's 
mines. Today, I rise to give hope to those who on this day descend deep 
into the Earth to produce a coal which fostered the industrial 
revolution in this country and which now fires the technological 
revolution. I rise in humble gratitude to them, and I say, thank you.
  And I rise in anger as well, Mr. Chairman, because despite the fact 
that the Congress in 1969 passed landmark legislation to put an end to 
black lung disease contracted over years of inhaling respirable coal 
dust in the mines, annually around 1,400 miners still perish from this 
disease.

                              {time}  1515

  Yet this administration, the Bush administration, incredibly has 
proposed a regulation which would allow a fourfold increase of 
respirable dust in the coal mines. If made final, that regulation would 
directly translate into more deaths among our Nation's coal miners.
  I have asked that this proposed regulation be withdrawn. The United 
Mine Workers of America have asked that it be withdrawn. Hundreds, if 
not thousands, of rank-and-file miners across this country have asked 
that these regulations be withdrawn.
  In response, the administration has simply extended the public 
comment period. It is not going to withdraw these regulations. And why 
would it when the Assistant Secretary of Labor in charge of this issue 
was the very person who petitioned for these regulations when he served 
in the private sector? Imagine that.
  Today I hope to give the coal miners a fighting chance by offering 
this amendment to block the Department of Labor from finalizing these 
ill-conceived proposed regulations. Enough is enough. Over 55,000 coal 
miners perished from black lung between 1969 and 1990, and still today 
1,400 a year pass away as a result of it.
  The poster to my right clearly illustrates what a coal miner faces 
from black lung. To the left is a healthy lung tissue. On the right, 
the far right, is a tissue sample of a 40-year-old coal miner. Compare 
that to the sample in the middle of a 90-year-old person.
  To quote from the Louisville Courier-Journal which once described 
this disease in this manner, ``It is as if the Titanic sank every year, 
and no ships came to the rescue. While that long-ago disaster continues 
to fascinate the Nation, the miners slip into cold, early graves almost 
unnoticed.''
  This amendment would prohibit the Department of Labor from finalizing 
these proposed rules while allowing continued research and development 
on devices such as personal dust monitors. I want to emphasize that 
last point. This amendment still allows the continued research and 
development on devices supported by both the industry and the union 
known as PDMs, or personal dust monitors. I am not stopping research 
and development of those devices from continuing. The intent of this 
amendment is to cause MSHA to withdraw the proposed rule and 
repromulgate it in accordance with the letter and intent of the Mine 
Safety Act in order to improve the dust sampling and compliance 
regulatory program. I urge a yes vote on the Rahall amendment.
  Mr. Chairman, I reserve the balance of my time.


                      Announcement by The Chairman

  The CHAIRMAN. The Chair must remind Members that the use of audible 
electronic devices on the House floor is prohibited.
  Mr. REGULA. Mr. Chairman, I claim the time in opposition to the 
amendment.
  The CHAIRMAN. The gentleman from Ohio (Mr. Regula) is recognized for 
10 minutes.
  Mr. REGULA. MR. Chairman, I yield such time as he may consume to the 
gentleman from Ohio (Mr. Boehner).
  Mr. BOEHNER. Mr. Chairman, the amendment before us is unnecessary and 
potentially harmful. Simply put, it would restrict the Mine Safety and 
Health Administration's ability to protect miners from coal dust 
exposure until October 2004.
  The proposed amendment is unnecessary because the Agency has already 
moved to suspend regulatory action on these rules until testing of 
revolutionary coal dust monitoring technology is completed. As a 
result, this amendment is not only needless, but could work to delay 
improved coal dust rules for perhaps several years to come, and I think 
it must be rejected. To do otherwise would be a great disservice to the 
miners these rules are designed to protect without any logical purpose.
  Let us look at the facts. On June 24, 2003, the Agency suspended its 
proposed rule in this area. The reason for the delay is clear. The 
first field test of new coal dust monitoring technology, called 
personal dust monitors, showed genuine promise, so much so that the 
PDMs could represent a potential revolution in monitoring miners' 
exposure to coal dust, and MSHA concluded that additional tests should 
be conducted before moving forward on this proposed rule.
  This is more than lip service. This appropriations bill already 
provides $250,000 to purchase 25 additional PDMs for testing in 
underground mines, and this additional testing is supported by both the 
mining industry and the miners' union. Most importantly, I have been 
assured that until the testing provides sufficient, reliable 
information in this area, no further regulatory action is to be taken.
  The Agency's actions are reasonable and prudent because significant 
portions of the coal dust rules could be affected if PDMs prove to be 
as effective as early tests might indicate. This testing will take 
time, and that is why the Agency will not move forward with this 
testing until they have more reliable data.
  Unfortunately, the amendment would prevent MSHA from acting on this 
issue and could have the unintended consequence of delaying a new rule 
that would utilize PDMs to their fullest potential.
  So for these reasons I would hope Members would join me in rejecting 
this amendment. The Agency has suspended its proposed rule to implement 
further testing of PDMs, and this should be more than adequate to 
address any concern over the implementation of these new devices.
  Mr. REGULA. Mr. Chairman, I yield myself such time as I may consume.
  I would add that we have money in the bill to study these, and I 
would hope that the gentleman would withdraw his amendment. It really 
is unnecessary in light of the Agency's action. They received a lot of 
negative comments on the proposed rule, and for that reason have 
withdrawn it.
  Mr. RAHALL. Mr. Chairman, I yield myself such time as I may consume.
  I appreciate what the gentlemen are stating. In response to the 
gentleman from Ohio (Mr. Regula), there is funding for these PDMs. 
Research and development is provided elsewhere in the Department of 
Labor budget. It is under the budget for NIOSH.
  In regard to what the gentleman from Ohio (Mr. Boehner) and the 
gentleman from Ohio (Mr. Regula) have said, MSHA did not suspend the 
proposed rule. I know what they stated. They stated they were 
suspending the proposed rule in a press release. That is not the case. 
The notice of this action in the Federal Register, and that is what 
counts, what is said in the Federal Register, the notice of this action

[[Page 17562]]

in the Federal Register simply notes that the Agency was keeping the 
comment period open until further notice. It is not stated as a 
suspension in the Federal Register.
  What MSHA said in a press release does not match the facts, the 
reality, on the other hand as it appeared in the Federal Register. So 
it is not a suspension. There is no legal basis for suspending a 
proposed rule, and it cannot be done. In its guide for Federal 
agencies, the Office of the Federal Register advises that the term 
``suspend'' applies only to blocking enforcement of existing final 
rules. The term does not apply to proposed rules. When agencies want to 
halt action on proposed rules, according to the guide, they withdraw 
the rules; and that has not occurred here. These proposed rules have 
not been withdrawn, and that is why my amendment is seeking to force 
the issue.
  In regard to further research and development into the PDMs, as I 
clearly stated in my opening comments on this amendment, I am in no way 
blocking continued research and development into the development of 
these PDMs. Both the unions and the companies want this research to 
continue. My amendment does not block that research.
  The amendment blocks MSHA from finalizing the proposed rule. It does 
not restrict MSHA from engaging in any other activity related to the 
proposed rule other than making it final. Second, there is nothing in 
the proposed rule that involves funding R&D into PDMs. The proposed 
rule does not contain funding, and if made final would not provide 
funds for PDM deployment. So for that reason I think my amendment is on 
solid ground, and I would urge the adoption thereof.
  Mr. Chairman, I yield 2 minutes to the gentleman from Ohio (Mr. 
Strickland).
  Mr. STRICKLAND. Mr. Chairman, I would like to ask a question. As I 
listened to the remarks of the gentleman from West Virginia (Mr. 
Rahall), I was struck by something the gentleman said. Did I hear that 
the Assistant Secretary of the Department of Labor who is in charge of 
the proposed rule regarding coal dust rules was the very person who 
petitioned for these regulations when he served in the private sector?
  Mr. RAHALL. Mr. Chairman, will the gentleman yield?
  Mr. STRICKLAND. I yield to the gentleman from West Virginia.
  Mr. RAHALL. Mr. Chairman, the gentleman from Ohio is correct. The 
Assistant Secretary of Labor for Mine Health and Safety, David 
Lauriski, was the general manager of a coal company known as Energy 
West, and was the very person who filed in September 1997 a petition 
asking for the rulemaking he is now in charge of administering.
  Mr. STRICKLAND. Mr. Chairman, that is incredible. This House should 
know of what I think is a direct conflict of interest. Does the 
gentleman have evidence to support what he is saying?
  Mr. RAHALL. Mr. Chairman, I do. The Department of Labor's March 6 
Federal Register notice publishing these proposed rules notes that 
Energy West petitioned the Secretary of Labor on this matter during 
September 1997 and states on page 10800, ``This proposed rule responds 
to Energy West's petition for rulemaking.''
  We obtained a copy of the petition, which I have right in front of 
me, and lo and behold, it is signed by David Lauriski in his then-
capacity as general manager of Energy West.
  Mr. STRICKLAND. Mr. Chairman, reclaiming my time, I thank the 
gentleman for exposing this conflict of interest. The fact of the 
matter is black lung disease continues to be a problem. It has not been 
eradicated. Over 1,400 coal miners still perish this year in this 
country, and here we have an administration which is pushing a proposed 
rule which could increase dust levels in the mines fourfold.
  This is a case of the fox guarding the henhouse.
  In closing, I believe this is an insult to the working people of 
America. It can spell certain death to some of the bravest souls in 
this country. We should support this amendment so this proposed rule is 
withdrawn and done right.
  Mr. RAHALL. Mr. Chairman, I reserve the balance of my time.
  Mr. REGULA. Mr. Chairman, I yield 3 minutes to the gentleman from 
Georgia (Mr. Norwood).
  Mr. NORWOOD. Mr. Chairman, I have absolute proof that Dave Lauriski 
comes from the private sector, and I am delighted that he comes from 
the private sector to bring to us new and innovative ideas on health 
and safety for our miners.
  I must oppose this amendment, and let me say that I do so, I believe, 
for the sake of the health and safety of American miners.
  Any attempt to slow down the progress of what could be groundbreaking 
safety technology or hinder its widespread use is just wrong, and that 
is what this amendment does. This amendment basically is unnecessary 
because the Mine Safety and Health Administration acted on July 24 to 
suspend the proposed rule referred to in the Rahall amendment. I do not 
know the legal mumbo-jumbo, I just know they have absolutely postponed 
this rule for very good reasons. If we pass this amendment, it is not 
going to allow us, perhaps, to write a rule that involves the new 
technology that could be the technology that saves a lot of lives. This 
amendment carries with it certain unintended consequences that is going 
to run counter to the interests of promoting workers' health.
  MSHA made the decision to postpone the implementation of the rule 
because of the first field test of new coal dust technology, called 
personal dust monitors, PDMs, which are very expensive and could be 
very life-saving for miners. These tests showed such genuine promise 
that MSHA concluded that additional tests were needed before moving 
forward with the proposed rule. We need to do the study, do the testing 
and get this technology, and then be able to write the rule to put it 
into place.
  Both the mining industry and unions both supported this decision. In 
fact, the Mine Workers president sent out a press release the day after 
MSHA postponed its rule applauding that decision. Clearly, because the 
results of these field tests could cause MSHA to rewrite sections of 
its rule, to incorporate the technology of PDMs, MSHA needs the test 
results before it can move forward, and then it does need to be able to 
move forward. Again, that is not a delay. It is a positive move 
intended to advance technology that hopefully will be great for the 
mining community. Please do not confuse an arbitrary delay with a 
positive effort to move forward on technological advance.
  In sum, this amendment is unnecessary. In fact, it represents a 
regulatory overkill basically without any clear benefit. Perhaps more 
importantly, this amendment could prevent MSHA from completely 
utilizing the new technology. Vote against this amendment because it is 
a positive vote for progress.
  Mr. RAHALL. Mr. Chairman, I yield myself such time as I may consume.
  Mr. Chairman, I cannot allow obfuscation or dilatory diversion 
tactics from some in the majority to go unanswered.

                              {time}  1530

  This is about increasing by four-fold the dust level in our Nation's 
coal mines, further putting coal miners at risk of losing their lives.
  The gentleman that just responded obviously was not listening to my 
previous two comments. These proposed rules have not been suspended, as 
MSHA said in a press release, because I have the Federal Register right 
here in front of me which says exactly the opposite of what their own 
press release said. So the question here is about protecting some of 
the bravest souls in America who are laboring deep underground to 
produce our Nation's coal which provides over 50 percent of our 
electricity.
  It is not about trying to defend some former company official who is 
now at the Department of Labor in charge of this exact same rulemaking 
that he tried to change when he was in the private sector. This is 
about increasing by

[[Page 17563]]

four-fold the amount of dust levels in our Nation's coal mines, not 
what was intended by any act that this Congress has ever passed. It is 
a tragedy. It angers me, and here a gentleman from some other region of 
the country that I am sure does not have many coal mines in his 
district to come to the floor and make such defense of such defenseless 
acts of this administration is truly incomprehensible. It is mind 
boggling, and to see him make such comments and then walk off the floor 
without even hearing and obviously was not even here to hear the 
previous rebuttal to what the charges he is making that were handed to 
him by some coal company downtown. It is absolutely mind boggling that 
some of the majority would try to pull the wool over the American 
people's eyes.
  I would hope that those who have any comprehension of what it is like 
in our Nation's coal mines, who have ever visited a coal mine, who have 
ever talked to a coal miner and looked into his eyes will vote for this 
Rahall amendment to further protect him from this administration.
  Mr. REGULA. Mr. Chairman, I yield 2 minutes to the gentleman from 
Ohio (Mr. Boehner).
  Mr. BOEHNER. Mr. Chairman, I know we do two things here: we do 
politics, and we do public policy. The fact is that MSHA has suspended 
and/or withdrawn the regulation, and the gentleman's amendment says 
that MSHA cannot promulgate a new regulation until October of 2004. The 
hope is that these new personal dust monitors, this new technology will 
in fact continue to show the successes that it has so that MSHA can 
continue with the regulatory efforts and to get their new technology 
into the workplace as soon as possible.
  But under the gentleman's amendment, MSHA would be prohibited until 
October, 2004, from proceeding. I do not think that is in the right 
light. I think what we are seeing here is some coal politics on the 
floor of the House. I think it is unfortunate. This is commonsense 
policy coming from MSHA. We ought to congratulate them for the wisdom 
in suspending what they were going to do to look at this new 
technology. But if it works, why would we want to wait until October of 
2004 to implement it? I would urge my colleagues to reject the 
amendment.
  Mr. REGULA. Mr. Chairman, I yield back the balance of my time.
  The CHAIRMAN. The question is on the amendment offered by the 
gentleman from West Virginia (Mr. Rahall).
  The question was taken; and the Chairman announced that the noes 
appeared to have it.
  Mr. RAHALL. Mr. Chairman, I demand a recorded vote.
  The CHAIRMAN. Pursuant to clause six of rule XVIII, further 
proceedings on this amendment offered by the gentleman from West 
Virginia (Mr. Rahall) will be postponed.


                Amendment No. 4 Offered by Mr. Manzullo

  Mr. MANZULLO. Mr. Chairman, I offer an amendment.
  The CHAIRMAN. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Amendment No. 4 offered by Mr. Manzullo:
       At the end of the bill (before the short title), insert the 
     following:

       Sec.__. None of the funds made available in this Act may be 
     used--
       (1) to acquire manufactured articles, materials, or 
     supplies unless section 2 of the Buy American Act (41 U.S.C. 
     10a) is applied to the contract for such acquisition by 
     substituting ``at least 65 percent'' for ``substantially 
     all''; or
       (2) to enter into a contract for the construction, 
     alteration, or repair of any public building or public work 
     unless section 3 of the Buy American Act (41 U.S.C. 10b) is 
     applied to such contract by substituting ``at least 65 
     percent'' for ``substantially all''.
  The CHAIRMAN. All points of order are reserved.
  Pursuant to the order of the House today, the gentleman from Illinois 
(Mr. Manzullo) and a Member opposed each will control 5 minutes.
  The Chair recognizes the gentleman from Illinois (Mr. Manzullo).
  Mr. MANZULLO. Mr. Chairman, I yield myself such time as I may 
consume.
  The purpose of this amendment is to increase the content requirement 
of the Buy American Act from 50 percent to 65 percent. This is a very 
simple amendment. It recognizes the fact that America has a tremendous 
problem with regard to our loss of our manufacturing base. We are down 
to about 10 percent of our workforce that is actively engaged in 
manufacturing. Each year that falls by several percentage points. It is 
massive, 6\1/2\ percent nationwide. And the congressional district that 
I represent, Rockford, Illinois, is at 11 percent and possibly even 
more because of the huge manufacturing base. Something has to be done 
in order to keep what manufacturing we have in this country. So why not 
take the billions of dollars that we use in procurement by the Federal 
Government and say, as we look at the stuff that the Federal Government 
buys, why not at least 65 percent of that be bought in America.
  Mr. Chairman, I reserve the balance of my time.
  The CHAIRMAN. Who seeks time in opposition?
  Ms. JACKSON-LEE of Texas. Mr. Chairman, will the gentleman yield?
  Mr. MANZULLO. Mr. Chairman, I yield such time as she may consume to 
the gentlewoman from Texas (Ms. Jackson-Lee).
  Ms. JACKSON-LEE of Texas. Mr. Chairman, I understand the gentleman is 
withdrawing the amendment, but I do believe in the course of looking at 
what is occurring in America with this enormous unemployment rate I 
think the gentleman's amendment is extremely sensible and hopefully 
this idea of ensuring that even the Federal Government is concerned 
about products being produced in America and thereby creating jobs in 
America and as I know the gentleman's leadership on the Committee on 
Small Business helping small businesses which are prolific in all of 
our districts and certainly in the 18th district, I would certainly 
hope that we have an opportunity to ensure that we are front and center 
on creating and buying products here in the United States and to be 
able to fill in some of the gaping holes. Of course, that is not the 
only way we can do so, but the gaping holes with respect to this very 
high unemployment rate must be addressed! And I thank the gentleman for 
yielding.
  Mr. MANZULLO. Mr. Chairman, I withdraw the amendment.
  The CHAIRMAN. Does the gentleman from Ohio (Mr. Regula) seek time in 
opposition?
  Mr. REGULA. Mr. Chairman, I was just going to commend the gentleman. 
I think there is merit to it, but I understand he is withdrawing it.
  The CHAIRMAN. The amendment is withdrawn.


                   Amendment Offered by Mr. Tancredo

  Mr. TANCREDO. Mr. Chairman, I offer an amendment.
  The CHAIRMAN. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Amendment offered by Mr. Tancredo:
       Page 62 line 21, after the dollar amount, insert the 
     following: ``increased by $5,000,000''.
       Page 63 line 5, after the dollar amount, insert the 
     following: ``increased by $5,000,000''.
       Page 68 line 2, after the dollar amount, insert the 
     following: ``reduced by $5,000,000''.

  The CHAIRMAN. All points of order are reserved.
  Pursuant to the order of the House today, the gentleman from Colorado 
(Mr. Tancredo) and a Member opposed each will control 5 minutes.
  The Chair recognizes the gentleman from Colorado (Mr. Tancredo).
  Mr. TANCREDO. Mr. Chairman, I yield myself such time as I may 
consume.
  Our schools are supposed to be safe havens, places where our children 
go to learn, places free from danger. For the most part, that is 
exactly what they are. As we have seen so many times over the last few 
years, our schools can sometimes bear witness to unspeakable tragedies. 
Names of communities that were once comfortably anonymous, like Pearl, 
Mississippi; West Paducah, Kentucky; Jonesboro, Arkansas; and most 
recently Red Lion, Pennsylvania; and of course my hometown of 
Littleton, Colorado, are now burned forever

[[Page 17564]]

in American consciousness. Since 1996, at least 25 school shootings 
have occurred, leaving at least 48 people dead and 110 wounded. 
Countless others will be scarred by these tragedies for life. The 
phenomenon of school violence has touched not only those of us who live 
in places like Littleton, but everyone who has watched these 
heartbreaking catastrophes unfold on television.
  Mr. Chairman, my amendment would shift $5 million within title III of 
the bill from the $1.9 billion Higher Education section, to the Project 
School Emergency-Response to Violence Program, Safe Schools and 
Citizenship Education. As drafted, the bill currently funds this 
program at $5 million, or about one half of the President's 2004 budget 
request. My amendment, if adopted, would fund the program at the level 
called for in the President's budget. This program makes available 
short- and long-term assistance in the form of both immediate and 
extended services.
  Mr. Chairman, it is my understanding that the $5 million that I am 
attempting to shift from the Higher Education-Improvement of 
Postsecondary Education program was included above and beyond the 
President's request and that sufficient funds are available in other 
program accounts to meet the administration's identified needs in this 
area. I ask for a ``yes'' vote on the amendment.
  Mr. Chairman, I yield back the balance of my time.
  Mr. REGULA. Mr. Chairman, we are prepared to accept this amendment.
  The CHAIRMAN. The question is on the amendment offered by the 
gentleman from Colorado (Mr. Tancredo).
  The amendment was agreed to.


                     Amendment Offered by Mr. Allen

  Mr. ALLEN. Mr. Chairman, I offer an amendment.
  The CHAIRMAN. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Amendment offered by Mr. Allen:
       At the end of the bill, insert after the last section 
     (preceding the short title) the following:

       Sec. __. None of the funds made available in this Act may 
     be used to enforce any requirement that a school be 
     identified for improvement, corrective action, or 
     restructuring under section 1116 of part A of title I of the 
     Elementary and Secondary Education Act of 1965 (20 U.S.C. 
     6316 et seq.), or to otherwise implement any penalty or 
     sanction applicable to a State, a State educational agency, a 
     local educational agency, or a school under such part A, if 
     the amount appropriated in this Act for the purpose of 
     carrying out such part A for fiscal year 2004 is less than 
     $18,500,000,000, as authorized to be appropriated for such 
     purpose in section 1002(a) of the Elementary and Secondary 
     Education Act of 1965 (20 U.S.C. 6302(a)).

  The CHAIRMAN. Points of order are reserved.
  Pursuant to the order of the House today, the gentleman from Maine 
(Mr. Allen) and a Member opposed each will control 15 minutes.
  The Chair recognizes the gentleman from Maine (Mr. Allen).
  Mr. ALLEN. Mr. Chairman, I yield myself 4 minutes.
  Mr. Chairman, this amendment would prohibit the Department of 
Education from penalizing a school for failing to meet the requirements 
of the No Child Left Behind Act unless that school receives Federal aid 
at the full authorized level. With the No Child Left Behind Act, 
Congress struck a grand bargain with our communities' schools. We asked 
schools to meet critical accountability standards, and in return we 
promised them Federal aid to help make those standards a reality.
  But the underlying bill, the Labor-H bill, H.R. 2660, provides 
essentially woefully insufficient funds for local school districts and 
States to meet those requirements. Congress is simply not fulfilling 
our share of the burden. We are not living up to our end of the bargain 
and the difference is $6.15 billion in fiscal 2004 alone. Fiscal 2004 
alone, the shortfall here below what was authorized under the No Child 
Left Behind Act was $6.15 billion. That is impacting our States and 
municipalities in dramatic ways. Back home in Maine, wherever I go, 
whenever I talk to educators, I always hear the same thing: you have 
not fully funded special education. We are supporting that at the State 
level and at the Federal level, and now we get the mandates of No Child 
Left Behind and we have another burden.
  States right now are in their worst budget crisis since World War II, 
and they are struggling to cope with these unfunded Federal mandates, 
particularly in education. As a result, what is happening in Maine and 
around the country is that property taxes are going up. The burden is 
simply being passed down to the local property taxpayer. In Maine, 50 
percent of the State budget is education, and in Maine municipalities 
between 50 percent and 75 percent of the municipal budgets are 
education. And we at the Federal level are simply making their burden 
much worse. This amendment is not intended to weaken the standards laid 
out in the No Child Left Behind Act. I joined with most of my 
colleagues on this side of the aisle, the bipartisan majority, in 
supporting the accountability standards of the No Child Left Behind 
Act, and we believe still that our schools will benefit from these 
standards, but only if they receive the promised money.
  This amendment simply provides a respite during fiscal year 2004 for 
schools struggling to comply with the law without full Federal 
assistance. And let me just be clear about this. The way the amendment 
reads is that none of the funds made available in the act may be used 
to enforce any of the penalties under No Child Left Behind against 
municipal or State bodies if the Congress appropriates for this act 
less than $18.5 billion. That is the amount that was authorized to be 
appropriated. So if our appropriators do not fully fund No Child Left 
Behind, then this amendment provides that we cannot impose penalties on 
so-called failing schools. This amendment will be a real boon to States 
because they are struggling so much now with so many other costs and 
challenges in their budget, and this is one way of saying to them the 
Federal Government is not going to come down and impose penalties for 
failing to meet an education mandate that the Congress of the United 
States has not fully funded.
  I urge my colleagues to support the amendment.
  Mr. Chairman, I reserve the balance of my time.
  Mr. BOEHNER. Mr. Chairman, I claim the time in opposition to the 
gentleman's amendment.
  The CHAIRMAN. The gentleman from Ohio (Mr. Boehner) is recognized for 
15 minutes.
  Mr. BOEHNER. Mr. Chairman, I yield myself such time as I may consume.
  This amendment is a sad attempt to return to the days of spending 
billions and billions of dollars and getting nothing in return. Since 
1965, the Federal Government has spent over $300 billion in K through 
12 education programs, and what have the results been? Zero. Nothing. 
And we worked in a bipartisan way on both sides of the aisle to bring 
real accountability to our schools to ensure that no child was left 
behind, and the agreement we made was that we would provide sufficient 
funding to put this into effect and we have. We can look at the $1.2 
billion increase in title I two years ago, the $1.3 billion increase 
last year, the $666 million increase this year.

                              {time}  1545

  Or how about the almost $400 million that we have appropriated each 
of the 3 years to actually help the States implement the test, and the 
GAO came along and suggested a study on my behalf and others' that said 
that the almost $400 million we are appropriating annually is 
sufficient money for the States to develop and implement the test.
  What this really is is the first big step in the direction of making 
more excuses, more excuses why we cannot educate every child in 
America. We have been down this path before, and we have really been 
down the path the last 20 years. There have been all kinds of attempts 
at reforming our schools the last 20 years, and guess what happened? 
Somewhere along the way it got to be too tough. It got to be too 
difficult. ``Oh, do not hold us accountable.'' And what happened? We 
have

[[Page 17565]]

backed away every single time in virtually every single State.
  The night that this bill was signed into law, I was over at Mount 
Vernon with the Secretary of Education, meeting with the 50 school 
chiefs from around the country who were charged with implementing this. 
I congratulated them on their service to education and the great 
commitment they were making to kids, and I talked about the heavy 
lifting that was going to be involved in implementing No Child Left 
Behind.
  I also told them that, for the first time, do not come and ask the 
Federal Government for waivers. In the 1994 act, which many of the 
things that we called for in No Child Left Behind were enacted in 1994, 
in January of 2001, when the Bush administration took office, exactly 
11 States were in compliance with the 1994 act.
  Right now we are at the most historic moment of the Federal 
involvement in education, because right now all 50 States and the 
District of Columbia and Puerto Rico are in compliance with the new 
law. They were all required to have their State accountability plans in 
place and submitted to the Department by January, and the Department 
was to have all of them approved. And the Department of Education here 
in Washington sat down with virtually every State to work through their 
accountability plan and to work to make sure that we were not 
unnecessarily upsetting what was already happening in the States. There 
was an agreement and a celebration at the White House several weeks ago 
to celebrate this accomplishment of having all of the States in 
compliance.
  Now, could we spend more money? Yes. Are the States in difficult 
times? Yes. But I want to ask all of you, are we going to blink again? 
We have blinked so many times over the course of the history of this 
country because it was too hard to educate all of our kids, and I, for 
one, and I think the President and I think my good friend on the other 
side of the aisle, the gentleman from California (Mr. George Miller), 
and Ted Kennedy in the other body have locked arms to say we are not 
going to blink.
  We are not going to blink. The lives of poor kids in our country who 
get shuffled from one grade to the next will continue as they are if we 
blink. We all know what happens in our local schools. They move them 
from one grade to another, whether they learn anything or not. Kids 
graduate that cannot read their diploma. At some point in America, 
somebody has to stand up and say, enough is enough.
  I would suggest to you that we are spending an additional $2.2 
billion in this appropriation bill to fund elementary and secondary 
education programs. We are continuing to keep our commitment, and I 
would hope that my colleagues would stand up today and say, for the 
sake of these kids and the sake of poor kids in America, we are not 
going to blink again.
  Mr. Chairman, I reserve the balance of my time.


                announcement by the chairman pro tempore

  The CHAIRMAN pro tempore (Mr. Hastings of Washington). The Chair 
would remind Members not to characterize the positions of Members of 
the Senate.
  Mr. ALLEN. Mr. Chairman, I yield myself 1 minute to respond.
  Mr. Chairman, wherever I go in the State of Maine, the school 
districts that are in my district and across the State, they are not 
looking just at the cost of developing the test, though it is pretty 
clear that they do not have the money to do that. They are not looking 
just at the cost of developing the test, they are looking at the cost 
of how to operate the test, and they are also faced with teacher 
quality mandates that are a real burden.
  The General Accounting Office has estimated that for fiscal year 
2004, that the administration requested $390 million, $182 million 
below State 2004 expenditures as estimated. What we are talking about 
here in different categories, and that is just one, is a failure of the 
Federal Government to meet the actual amount that our States and local 
municipalities will have to spend.
  Mr. Chairman, I yield 3 minutes to gentleman from Kansas (Mr. Moore), 
who has worked with me on this amendment and who has other legislation 
pending along these lines.
  Mr. MOORE. Mr. Chairman, I thank the gentleman for yielding me time.
  More than 27 years ago Congress made a promise to our local school 
boards and State school boards, and we said to the educators across our 
country, you take special needs children out of our hospitals and 
institutions and bring them into the public schools for education, and 
we, Congress, will pay 40 percent of the cost of educating those 
children.
  The States and locals did. Congress did not. An unfunded Federal 
mandate, a promise made, a promise broken, and we are doing it again 
now.
  I voted for the No Child Left Behind Act. I think it was the right 
thing to do. I want accountability in our schools, and I want to leave 
no child behind, and I want our schools to succeed. But when we place 
additional requirements on our schools without adequate funding, it is 
another unfunded Federal mandate, and we are short $6.15 billion this 
year.
  Our educators, I talked to all of our school superintendents in our 
districts. We have some of the best schools in the whole country in my 
district, but they said, unanimously, we can do the job of educating 
our children, but we cannot do it without the resources when additional 
requirements are put on us.
  That is what this is about. This is not about blinking. This is not 
about blinking. This is about educating our children and a promise made 
and a promise we are about to break again.
  As the gentleman from Maine said, 48 of the 50 States right now are 
in a precarious financial position. They do not have additional money 
for funding. In fact, the Kansas Legislature this year was struggling 
to find adequate money for education in our State. And now we are 
talking about another unfunded Federal mandate.
  It should not happen. If we do this, shame on us. If we do this, we 
are not taking care of the resources that we proclaim so often here are 
important to us, and those are our children. Our children are our 
future. We owe them the promise that we made to them and to our 
educators. They can do the job of educating children, if they have the 
resources.
  Mr. BOEHNER. Mr. Chairman, I yield 2 minutes to the gentleman from 
Delaware (Mr. Castle), the chairman of the Subcommittee on Education 
Reform.
  Mr. CASTLE. Mr. Chairman, I thank the chairman of the Committee on 
Education and the Workforce for yielding me time, and I have a great 
deal of respect for the gentleman from Maine, but the basic underlying 
concept of this amendment is very dangerous.
  No Child Left Behind was a very difficult act to pass. Each of our 
States has worked extraordinarily hard in the last year and a half in 
order to comply with No Child Left Behind. The Secretary of Education 
has certified that each of the States is now ready to deal with this. 
In each of our States, tests have been prepared. For the most part, 
they are starting to be given. Assessments are being made, standards 
are being set, we are beginning to move up education.
  I can tell you my State, which is the State of Delaware, which has 
been doing this for quite a long time, even before this, our test 
scores are starting to move up rapidly, we believe, as a result of 
setting standards and assessments and having testing in place, and I 
think to suspend it would be a sad error.
  But there is another component to all of this. If you look back over 
the funding of education, and I give a tremendous amount of credit to 
the Chair of this appropriations subcommittee as well as the ranking 
member, who certainly played a major role in what we are doing in 
helping education funding, you will see that nothing has increased in 
spending the way education has in the last 6 years or so.
  From fiscal year 1996, we have doubled funding for education at the 
Federal Government level. Just this year, we are going to put into IDEA 
an extra $1 billion. This is important, because that basically frees up 
State and local dollars. That is money in which the

[[Page 17566]]

amount is not necessarily the increase that is needed, but the Federal 
share of it is increasing dramatically because we have stepped forward 
to do that.
  We are putting $769 million more into Title I dealing with the same 
children who are so very important for No Child Left Behind. So we have 
funded education in a way it has never been funded before.
  For all these reasons, because No Child Left Behind should be left in 
place, it is an amendment that should be defeated.
  Mr. ALLEN. Mr. Chairman, I reserve the balance of my time.
  Mr. BOEHNER. Mr. Chairman, I yield 1 minute to the gentleman from 
California (Mr. Cunningham), a former Member of the Committee on 
Education and the Workforce.
  Mr. CUNNINGHAM. Mr. Chairman, I commend my colleagues from both sides 
of the aisle. Special education is a very critical and very difficult 
issue to deal with, both with the schools and the parent groups 
themselves.
  I would tell the gentleman from Kansas (Mr. Moore) that Alan Bursin 
is the Superintendent of San Diego City Schools, and the number one 
issue and number one problem for him is the cottage organization of 
lawyers that have browbeaten the schools and take the money out of it.
  I capped lawyer fees in the D.C. committee. In one year we saved $12 
million. That is here in Washington, D.C. That is $12 million that went 
into special education, went to help teachers, went into buy 
technology, instead of going into lawyers' pockets. That is an area we 
can work together to enhance this.
  At no time have we ever financed or appropriated 40 percent of the 
total dollars. You know what it would cost. It is a political issue, 
but it is difficult. We went from 6 up to 18, almost 19 percent 
currently, and we need to put more in there.
  Another issue that we have in California, Governor Davis has taken 
our IDEA money and is spending the State money and using the Federal 
money to drive the engine. Instead of an enhanced program, it is lower. 
It is an area we can work strongly together in that I think all of us 
are dedicated toward, but it is difficult.
  Mr. ALLEN. Mr. Chairman, I yield 3 minutes to the gentleman from New 
Jersey (Mr. Andrews).
  Mr. ANDREWS. Mr. Chairman, I thank my friend from Maine for yielding 
me time.
  Mr. Chairman, when the majority in this House became the majority in 
this House, one of the first things that it brought to the floor was 
the idea of a Federal mandate-Federal pay rule and statute, and it 
passed with great enthusiasm from the other side of the aisle and from 
some of us on this side of the aisle.
  Several years later, the majority and the minority working together 
passed the No Child Left Behind Act. It contains many mandates on 
schools around our country. Three of the most important ones are these:
  Third-graders through eighth-graders in every school and every town 
in the country are going to be tested every year on various subjects. 
That is mandated.
  Another mandate is that by the 2005-2006 school year, every classroom 
must have a highly qualified teacher in that classroom teaching in 
field. Mandated.
  Another important mandate is that if a school fails to meet what is 
called adequate yearly progress, we are responsible for coming up with 
tutors and remedial programs, after-school programs, various tools to 
help those children learn. Mandated. Wise.
  Another important mandate is that paraprofessionals must have at 
least an associate's degree or the equivalent thereof by some date 
certain, which will require a significant investment in the training 
and education of paraprofessionals. Mandated.
  I support these standards and these improvements. I commend the 
majority and the President for writing them into the law. But the deal 
on No Child Left Behind was that if we are going to mandate these 
requirements, we would pay for them. The bill that is on the floor, by 
my count, is about $8 billion short of meeting those mandates.
  What does this mean?

                              {time}  1600

  It means higher local school taxes around this country. In my State, 
it means higher property taxes to meet these mandates, number one. 
Number two, it means cuts in other services, because school districts 
with finite resources that must test these children every year, that 
must train teachers, that must train paraprofessionals, that must meet 
these other mandates are not going to have an endless well of tax 
dollars from which they can go back and raise this money. So they are 
going to cut other programs, whether it is the school band or the 
preschool program or guidance counselors or what have you. That was not 
the agreement on No Child Left Behind.
  The Allen amendment is very clear, and it is very wise. It says to 
this body, when you honor the agreement of No Child Left Behind, then 
the mandates will kick in. But if you dishonor that agreement, then 
they will not.
  Now, if this were 1995, I would think that proposal would come from 
the other side of the aisle, because we heard it ad nauseam on 
environmental regulations, on land use regulations, on all kinds of 
things. The gentleman's principle is exactly right. We ought to support 
his amendment.
  I would say to my federalist friends on the other side of the aisle, 
here is your chance to stand for the principles of local control and 
federalism.
  I urge the adoption of the amendment.
  Mr. ALLEN. Mr. Chairman, I yield 1 minute to the gentleman from 
Kansas (Mr. Moore) for a response to the preceding statements.
  Mr. MOORE. Mr. Chairman, I thank the gentleman for yielding me this 
time.
  I want to respond just very briefly to the statement made by the 
gentleman from California. I am glad that we are up to 18 percent of 
the 40 percent that Congress promised 27 years ago for IDEA funding. I 
am glad we are up to 18 percent. That means we are 22 percent short; 22 
percent short 27 years later. That is shameful. And we are starting to 
do the same thing again here.
  I voted for the No Child Left Behind Act. I believe it can work and 
should work, if adequate resources are devoted. But if not, it is 
another unfunded Federal mandate. Shame on all of us if we do that this 
time.
  Mr. BOEHNER. Mr. Chairman, I yield 30 seconds to the gentleman from 
California (Mr. Cunningham).
  Mr. CUNNINGHAM. Mr. Chairman, I would say that a lot of us have 
fought for an increase in IDEA money, I say to the gentleman from 
Kansas. I would also say I have given my colleagues one way in which we 
can provide more money for IDEA. The largest group of teachers leaving 
education is in special education because they are spending so much 
time in paperwork, so much time in court, that they are leaving the 
profession. These are dedicated people. If we want to cap lawyer fees, 
then we can get up to four times the amount of money into special 
education.
  Mr. ALLEN. Mr. Chairman, I yield the balance of our time to the 
distinguished Democratic leader, the gentlewoman from California (Ms. 
Pelosi).
  Ms. PELOSI. Mr. Chairman, I thank the gentleman for yielding me this 
time, and I thank him for his leadership and that of the gentleman from 
Kansas (Mr. Moore) for bringing this very important amendment to the 
floor.
  Because indeed, I say to my colleagues, this amendment presents this 
Chamber with a moment of truth, a moment of truth as to whether this 
Congress is honest about its commitment to education, whether or not it 
will honor its promise to America's children contained in the Leave No 
Child Behind Act, and whether it is honest about what our expectations 
are of those children.
  When the President signed the bill, he did so signing a bill that was 
bipartisan, bicameral in the support that it had; and people were quite 
excited about the prospect of the additional resources that would go to 
helping children to be accountable. Republicans talk about 
accountability, though,

[[Page 17567]]

while failing to provide the resources necessary for children to meet 
the challenge.
  Mr. Chairman, I call to the attention of our colleagues this report 
that I and the staff of the Committee on Appropriations have put out, 
the Democrats on the Committee on Appropriations have put out called 
``GOP Funding Bill Shortchanges America's Children By Underfunding Key 
Education Priorities.'' I just want to read a few provisions in this, 
and it will point out the tremendous need for the Allen amendment 
today: ``The GOP bill shortchanges Title I,'' which is the subject of 
the Allen-Moore amendment. ``Title I is the primary Federal program 
that helps school districts enrolling low-income children meet the new 
accountability mandates of the No Child Left Behind Act. To help raise 
the academic performance of these students, Congress has agreed to 
phase in the Title I payments.'' For fiscal year 2004, that payment 
would have been $18.5 billion and, yet, the GOP funding bill provides 
$12.35 billion. ``As a result, under the GOP bill, America's children 
will lose $6.15 billion in Title I grants below the amount called for'' 
in the No Child Left Behind bill. Over $6 billion in that one title 
alone, depriving children, low-income children of the opportunity to be 
accountable.
  In addition, the bill also shortchanges children with disabilities. 
On April 30, the Republicans passed the IDEA reauthorization bill. It 
promised a $2.2 billion increase for IDEA grants in fiscal year 2004 to 
help local school districts educate children with disabilities. 
Everyone who has children with disabilities in their districts, and 
that would be all of us, knows the pressure on school districts to 
provide education and quality of access to children with disabilities. 
It is a very important priority for our country. Yet despite the 
rhetoric of the authorization bill of just April 30, the Republican 
IDEA bill, this bill, has less than half. Instead of $2.2 billion, it 
has a $1 billion increase for IDEA.
  We all have heard the value of after-school learning opportunities 
for children, and so the No Child Left Behind bill did as well; and it 
authorized $1.75 billion for 2004 for after-school centers which 
provide safe places between 3 p.m. and 6 p.m. where children receive 
academic help and enrichment activities. Yet the Republican bill falls 
$750 million short, nearly half of the funding provided in the No Child 
Left Behind bill in after-school program funding below the level.
  It goes on and on. In order to have quality education for our 
children, the No Child Left Behind bill authorized $3.3 billion for 
teacher-quality grants to the States which are used to provide high-
quality professional development to teachers. Yet the GOP bill freezes 
funding at $2.9 billion. As a result, teachers will lose $350 million 
in teacher-quality grants below the level called for in the No Child 
Left Behind Act.
  My colleagues get the picture. Over and over again, children, 
millions of children are being left behind.
  As we honor our men and women in uniform, I think it is important to 
note that the GOP bill on the floor today leaves military dependents 
behind. The Impact Aid program, as we all know, helps children of 
military personnel receive quality education. Yet the GOP bill, under 
the GOP bill, America's children will lose, children of our men and 
women in uniform, will lose $583 million in Impact Aid below the level 
authorized.
  The list goes on and on. One more, just for older children, is that 
Pell Grants for college students are frozen, even though State tuitions 
have increased significantly, making it more difficult for our children 
to get the higher education that we want them to have for their 
personal fulfillment and to help our economy grow.
  So these are just a few of the shortcomings in the education section 
of the Labor, Health and Human Services, and Education bill. Others 
have spoken to the 2.5 percent lowest increase for the National 
Institutes of Health in many years. In fact, in terms of education, 
this bill provides the smallest percentage increase in education funds 
in 8 years.
  So here we have these vastly increased mandates, which we all 
applauded, some found controversial; but with the funding, we could 
help the children succeed. Instead of setting up children for success, 
however, this bill, the Republican bill, sets our children up for a 
fall. And that is a tragedy. That is a tragedy.
  So what the Allen-Moore amendment has set out to do is to put forth 
an amendment that goes only to title I in the bill; and it says, of the 
full funding, the $18.5 billion appropriated for title I in the bill, 
then the requirements would not be in place. None of the funds made 
available in this act may be used to enforce any requirement that a 
school be identified for improvement, corrective action, or 
restructuring under the bill. That is really only fair. It is 
unfortunate, but it is fair, because these children, these teachers, 
these parents, these school districts cannot possibly measure up and be 
accountable without the money to match the mandate that we called for 
in the No Child Left Behind Act.
  The tragedy of it all is that this is not that much money compared to 
the tax breaks which are the priorities for the Republicans in this 
Congress. And sadly, there is not any tax break that the Republicans 
can come up with, no R&D tax credit at this time, which I fully 
support; but nothing that my colleagues can name in terms of tax cuts 
does more to grow the economy than the education of the American 
people. Early childhood education, K through 12, higher education, 
postgraduate education, lifetime learning for our workers. Nothing is 
more, to use their word, ``dynamic'' for the economy, brings more money 
into the economy, brings more money into the public Treasury than 
educating our children.
  But that is only a practical matter. Let us talk about their self-
fulfillment, the confidence that they have to go forward and to be 
leaders in our country. They are the future. They are worthy of the 
investment we should be making in them. But we cannot mandate 
accountability to our children and yet not put the money there to match 
the mandate.
  So, Mr. Chairman, I want to commend the gentleman from Maine (Mr. 
Allen), and I want to commend the gentleman from Kansas (Mr. Moore) for 
this very brilliant amendment that they have brought to the floor to 
test the truth of where the Republicans stand on educating our 
children. Is it just rhetoric, or are we ready to put up the resources 
to match that rhetoric?
  I urge my colleagues to vote ``aye'' on the Allen-Moore amendment and 
to vote ``no'' on this very unfortunate legislation that is the base 
bill.
  Mr. BOEHNER. Mr. Chairman, I yield myself the time that we have 
remaining.
  Mr. Chairman, the amendment that we have before us is not about 
providing additional resources for our schools; it is about providing 
excuses for those who do not want to be accountable for our children to 
learn. To call this a No Child Left Behind unfunded mandate strikes me 
as strange, because this year, this year we will spend $24.2 billion of 
taxpayer money to help needy students around the country. And what No 
Child Left Behind says is that if we are going to continue to invest 
these massive amounts of money to help needy students, we ought to 
expect some results. After all, do children not deserve to learn?
  As I said before, IDEA special ed funding has increased 300 percent 
over the last 7 years. Title I spending has increased 200 percent over 
the last 7 years. And if we look at the increases over the current 
fiscal year and the last 2 fiscal years, since President Bush took 
office, those increases in title I over the last 3 years were more than 
what we saw under 7 years of President Clinton's title I increases.
  So for people to suggest that we are not meeting our obligation to 
our local schools, I think is not being quite fair and honest with the 
facts.
  The fact is, since President Bush was elected, Congress has increased 
funding for elementary education, elementary and secondary education 
$13.2 billion. This is real money. So I would say to my colleagues, No 
Child Left Behind is the last really serious attempt that is

[[Page 17568]]

ever going to be made to ensure that all kids get a chance at a decent 
education in America.

                              {time}  1615

  We have blinked. We have blinked. We have blinked. We have had 
excuses. We have had excuses, and we have had more excuses why we 
cannot educate all of our kids. And I just want to remind my colleagues 
of one point: It is not the child's fault whose parents they were born 
to or that they lost the lucky lottery of life in terms of what 
community they have grown up in. And I believe that we, as a society, 
owe them a chance at a decent education.
  We know all kids can learn. The problem is that today not all kids 
have the opportunity to learn, and No Child Left Behind makes that 
commitment, and the necessary resources are there to implement the law, 
and we should stand up for the kids and vote against this amendment.
  Mr. Chairman, I yield back the balance of my time.
  The CHAIRMAN pro tempore (Mr. Hastings of Washington). The question 
is on the amendment offered by the gentleman from Maine (Mr. Allen).
  The question was taken; and the Chairman pro tempore announced that 
the noes appeared to have it.
  The CHAIRMAN pro tempore. Pursuant to clause 6 of rule XVIII, further 
proceedings on the amendment offered by the gentleman from Maine (Mr. 
Allen) will be postponed.


                     Amendment Offered by Mr. Obey

  Mr. OBEY. Mr. Chairman, I offer an amendment.
  The CHAIRMAN. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Amendment offered by Mr. Obey:
       At the end of the bill (before the short title), insert the 
     following:

       Sec. __. None of the funds provided under this Act shall be 
     used to promulgate or implement any regulation that exempts 
     from the requirements of section 7 of the Fair Labor 
     Standards Act of 1938 (29 U.S. C. 207) any employee who is 
     not otherwise exempted pursuant to regulations under section 
     13 of such Act (20 U.S.C. 213) that were in effect as of July 
     11, 2003.

  The CHAIRMAN pro tempore. Points of order are reserved.
  Pursuant to the order of the House today, the gentleman from 
Wisconsin (Mr. Obey) and a Member opposed each will control 15 minutes.
  The Chair recognizes the gentleman from Wisconsin (Mr. Obey).
  Mr. OBEY. Mr. Chairman, I yield myself 1 minute.
  Mr. Chairman, we have agreed on the committee that we will each limit 
ourselves to 10 minutes in the interest of trying to get Members out of 
here.
  Mr. Chairman, the Department of Labor is planning to change the 
regulations for overtime workers. They would make 1.4 million workers 
earning less than $22,000 a year eligible for overtime pay. That is a 
much needed adjustment which we support, but if the administration gets 
its way, an estimated 8 million workers will become ineligible for 
overtime because of changes in the rules. These include many of our 
first responders, firefighters, law enforcement officers, emergency 
medical technicians who will no longer be eligible for overtime pay 
because the Bush administration is changing the definition of who is 
being covered by the Fair Labor Standards Act.
  This amendment would stop the administrations from making those 
unprecedented change to the Fair Labor Standards Act by revising the 
regulations. It would save overtime pay for millions of working 
families. I am offering the amendment on behalf of myself and the 
gentleman from California (Mr. George Miller).
  Mr. Chairman, I reserve the balance of my time.
  Mr. REGULA. Mr. Chairman, I rise in opposition to this amendment.
  The CHAIRMAN pro tempore. The gentleman from Ohio is recognized for 
15 minutes.
  Mr. REGULA. Mr. Chairman, I yield myself such time as I may consume.
  Mr. Chairman, this proposal would eviscerate what the Secretary is 
trying to do. I think for the membership they should understand that 
the Secretary's rules would have given a million workers access to time 
and a half that do not now have it, and it would limit some of the 
white-collar type of workers to not getting the time and a half under 
the existing rules. And for this reason we think that the Secretary's 
rules that have been promulgated are fair because it does elevate the 
million people into an opportunity to make some extra money and get 
paid for time and a half if they have put it in. Whereas, the white-
collar workers understand that that is part of the condition of the 
job, that they may understand they have to work some extra time and not 
necessarily get time and a half.
  I think the rules would make management of the enterprise more 
effective and more efficient and would certainly be fair to everybody. 
Therefore, I think we should leave the Secretary's rules stand as is, 
rather than adopt this amendment in an attempt to second-guess what the 
Secretary is doing in putting these rules in place. I would urge a vote 
against the amendment.
  Mr. OBEY. Mr. Chairman, I yield 4 minutes to the gentleman from 
California (Mr. George Miller).
  Mr. GEORGE MILLER of California. Mr. Chairman, earlier this year the 
Bush administration initiated a process that is going to take hundreds 
of millions of dollars of hard-earned pay out of the pockets of 
American families. For years these men and women, among them first 
responders like firefighters, police, nurses, emergency workers, have 
long qualified for overtime pay when they worked more than 40 hours a 
week.
  For most of those men and women, that overtime pay is not spare 
change or for frivolous spending. It is essential family income 
necessary to pay the mortgage, to feed their children, to pay college 
education and to save for retirement. Overtime is not a luxury. It is a 
necessity for many American families, because tragically millions of 
our American families cannot survive economically on working only 40 
hours a week. In fact, many workers who earn overtime derive 25 percent 
of their annual income from the extra hours on the job.
  But what would the Bush administration do? The Bush administration 
wants to exclude employees from ever being eligible for overtime by 
playing with the definitions of eligibility. According to one study, 
that would take away the overtime from almost 8 million people who 
today are qualified. All our amendment does is say you cannot take it 
away from people who today are qualified. You can expand it, as the 
Secretary says she wants to do. You will work, but you will not get the 
overtime pay under this rule.
  Congress did not approve it. In fact, we have not even had a hearing 
on the overtime rule, not a minute's worth of debate. The Republicans 
say they dispute the findings of the Economic Policy Institute study. 
Well, let us have a hearing and talk about it before we penalize 
millions of American families.
  Now, this amendment we are debating allows us to have that review. 
The Obey-Miller amendment tells the Secretary not to issue any 
regulation that would deprive anyone of their existing overtime pay. 
This is an opportunity to show America where we stand. If you defend 
the right of people to continue to earn the wages that they have earned 
to avoid suffering precipitous loss in income for doing the exact same 
job they have been doing for years, then you will vote for this 
amendment.
  There is a reason they are trying to cut overtime pay through the 
bureaucratic administrative rule instead of coming to the Congress and 
changing it in the open light of public debate. That is because they do 
not want the debate. They do not want to defend what they are doing. 
Today you will have to defend what the Department is doing because the 
Department of Labor is threatening millions of dollars worth of income 
to working American families. It is not enough that this administration 
and this House have presided over the loss of 3 million private sector 
jobs since 2001. It is not enough that the administration and 
Republican leadership in this House have forced millions of working 
Americans to remain in poverty by refusing to consider, even consider, 
raising the minimum wage. Is it not enough that they

[[Page 17569]]

have denied unemployment compensation for millions of people who could 
not find jobs because of the desperate state of the economy? Is it not 
enough that they deny working families a fair tax cut, including the 
child tax credit, while showering hundreds of billions of dollars on 
wealthy Americans?
  Now, let me ask you this: Is it really necessary now to assault even 
those people who still have a job today, who have a job, who are 
working overtime, who need the overtime pay, that they would come along 
now with this administrative rule to strip them, to strip them of that 
overtime pay when they work long hours at difficult jobs and time away 
from their family, and they do it at the request of their employer?
  This is not this abstract case. Janice Murphy, who is an equipment 
specialist for the Navy's ship systems engineering in Philadelphia, 29 
years of experience, but under this regulation, because she has all of 
that experience, she would be ruled as somebody having on-the-job 
training, learned professional, so she would not get overtime pay as 
she does today.
  Diane Flock, a nurse at Florida Medical Center in Ft. Lauderdale, 
talks about how she organizes the nurses at the Florida Medical Center 
because they would be denied overtime because they would be defined out 
of it. Now, she has been a nurse there for many years, but she has 
organized the other nurses, and she has petitioned the Congress to have 
a debate on this matter, and that is what we are doing.
  I would urge Members to support the Miller-Obey amendment.
  Mr. REGULA. Mr. Chairman, I yield 3 minutes to the gentleman from 
Ohio (Mr. Boehner).
  Mr. BOEHNER. Mr. Chairman, we have known for years that the Fair 
Labor Standards Act regulations governing overtime are confusing and 
out of date. Moreover, millions of low-wage workers who should be 
earning overtime pay currently are not. Now, these regulations which 
have not been substantially changed in 54 years are complex, confusing, 
and make it next to impossible for workers to know whether they are 
entitled to overtime, for employers to know how to pay their employees, 
and for the Labor Department to enforce these workplace regulations. 
They simply do not meet the needs of today's 21st century workforce.
  The Department has undertaken an important effort to update these 
complex, decades-old regulations that define overtime exemptions for 
white-collar employees in the administrative, executive and 
professional employee classification. They should be commended for 
their efforts thus far.
  Let us be clear. The proposed DOL regulations will provide additional 
protections to low-income workers and ensure that they are entitled to 
overtime pay. It is unacceptable that today's outdated regulations 
require someone earning as little as $8,060 a year to qualify as a 
white-collar employee and, therefore, prevent them from receiving 
overtime pay. The proposed changes would raise that level from $8,060 
to $22,100 annually, and ensure that anyone earning less than $22,100 a 
year would automatically be entitled to overtime. Lower-income workers 
deserve these protections, and the DOL suggestions would help provide 
them.
  These regulations would guarantee overtime to an additional 1.3 
million low-wage workers, mostly women and minorities, and strengthen 
the protections for an additional 10.7 million workers. And for the 
first time in decades, 20 percent of the lowest-paid workers would be 
guaranteed to get overtime pay.
  Now, these are proposed regulations that are under review, and the 
Department has reviewed and received 80,000 comments about their 
proposal. Any efforts to highjack this process before the Department 
can consider and evaluate these comments, frankly, is very premature.
  Unfortunately, the amendment will only worsen the confusion of 
current wage and hour laws where employers, workers and even the 
Department of Labor simply cannot accurately determine which employees 
are exempt and which are not. The only winners under this amendment are 
the trial lawyers who have lined their pockets with their ``gotcha'' 
class action lawsuits.
  The biggest problem to the amendment might be that the Miller-Obey 
amendment creates a double standard for employees and leads to 
fundamental unfairness: Under the amendment, two workers who do the 
same job would be treated differently. The employee who gets hired 
yesterday gets paid one rate and for the same job. The worker who gets 
hired tomorrow gets classified under a different system. You cannot 
have two people working side by side being paid and treated differently 
under the law, and that is what would happen under the amendment that 
we have before us.
  Some have even attempted to paint these regulations as an attack on 
workers, falsely claiming that it will eliminate overtime pay, but 
nothing could be further from the truth. This in no way would affect 
the overtime rights of millions of Americans who do nonoffice emergency 
work.
  Mr. Chairman, I want to suggest to my colleagues that we should 
oppose this amendment.
  Mr. REGULA. Mr. Chairman, I yield 4 minutes to the gentleman from 
Georgia (Mr. Norwood).
  Mr. NORWOOD. Mr. Chairman, I just simply rise in very strong 
opposition to this amendment which basically prevents the Secretary of 
Labor from implementing regulations to update complex, and I do mean 
the word complex, and outdated, and I do mean the word outdated, wage 
and hour regulations and provide additional protections to millions of 
this country's lower-income workers.
  Numerous hearings have been held by my Subcommittee on Workforce 
Protections, and I mean numerous, and that has demonstrated over and 
over again the need for updates to the current regulations in order to 
meet the needs of today's workforce, not an 80-year-old workforce.

                              {time}  1630

  The regulations, if adopted, will guarantee overtime to an additional 
1.3 million low-wage workers, mostly women and minorities, and clarify 
existing overtime rights of 10.7 million workers. For the first time in 
decades, 20 percent of the lowest-paid workers in America would be 
guaranteed overtime pay. Now, if that is what my colleague calls 
playing with the definition of eligibility, I guess that is what we 
have done, because we, I think, have done the right thing for many 
Americans.
  I support these regulations. The Secretary should be commended on a 
job well done and for bringing an 80-year-old law into line with the 
realities of today's workforce.
  Some will try to say that we can have it both ways. Some will say 
that all we do by voting for the Obey-Miller amendment is to protect 
overtime for current workers, but still allow the Secretary to simplify 
and clarify these regulations. That is simply not true. It is just 
plain wrong.
  The Obey and Miller amendment will only worsen the confusion of 
current wage and hour laws by freezing in place today's complicated and 
outdated system of inconsistent wage and hour laws. It should come as 
no surprise that in the last several years class action overtime 
lawsuits have become the fastest-growing category of employment 
litigation. The only winners under this amendment are the trial lawyers 
who have lined their own pockets with the ``gotcha'' class action 
lawsuits.
  The Obey-Miller amendment does nothing to clarify the complicated and 
outdated rules governing overtime. In fact, I believe it makes the 
problem worse by creating two classes of employees, some who get 
overtime and some who do not, even if they are doing the same job for 
the same employer. Try explaining that to an employee or one of your 
constituents why she does not get overtime, but the employee hired the 
day before, doing the exact same job, does.
  Nothing in these regulations affect unions, period. Nothing in these 
regulations affect the overtime pay of nurses, period.

[[Page 17570]]

  Also, let me be clear, the proposed regulations do not make it easier 
to deny overtime to workers. I urge my colleagues to reject what I 
consider a distortion of misinformation, downright untruths, not, of 
course, by my distinguished colleagues who are bringing the amendment, 
but by others, that have been spread all over this town about these 
regulations.
  Vote against this amendment.
  The CHAIRMAN pro tempore (Mr. Hastings of Washington). The Chair 
would remind Members that under the order of the House, the gentleman 
from Ohio (Mr. Regula) has 6\1/2\ minutes remaining. The gentleman from 
Wisconsin (Mr. Obey) has 10 minutes remaining. Under the 10-minute 
agreement, the gentleman from Ohio (Mr. Regula) has 1\1/2\ minutes 
remaining and the right to close, and the gentleman from Wisconsin (Mr. 
Obey) has 5 minutes remaining.
  Mr. OBEY. Mr. Chairman, I yield 30 seconds to the gentleman from 
California (Mr. George Miller).
  Mr. GEORGE MILLER of California. Mr. Chairman, I would just say it is 
interesting, they talk about everything except this amendment. This 
amendment does nothing to prohibit the Secretary from expanding 
overtime to those who may not now be required, but what it does not do 
is it does not let the Secretary strip 8 million workers who currently 
get overtime of that overtime pay, including the half a million first 
responders that go out on Orange Alert.
  Under this regulation, many of them will lose overtime for those long 
hours that they spend guarding the national security of this country. 
That is what the regulations do. That is what this amendment prevents. 
It does not keep anybody from expanding into overtime.
  Mr. OBEY. Mr. Chairman, I yield 2 minutes to the distinguished 
gentlewoman from Connecticut (Ms. DeLauro).
  Ms. DeLAURO. Mr. Chairman, if my colleagues wanted to make life more 
difficult for single mothers, for women trying to work their way 
through school, for women trying their hardest to scrape by for 
themselves and for their children, they could hardly do worse than the 
Labor Department's proposed rule to effectively repeal the 40 hour 
workweek and end overtime pay.
  The rule is designed to give flexibility to companies, not to 
families, but flexibility to withhold rightfully earned pay from their 
employees by weakening the 1938 Fair Standards Labor Act, protections 
that safeguard our workers' rights today and make mandatory overtime a 
less attractive option for the employer.
  For 70 years, overtime pay has been time and a half. It has kept the 
workweek for millions of Americans from becoming unmanageably long. It 
allowed the employee some flexibility to make some extra cash, and for 
anyone who relies on cash overtime pay, it is the only way to put a 
roof over their family's heads, to buy groceries and pay their medical 
bills. Without overtime, countless Americans would be forced to take a 
second job to make up for the lost earnings. It would mean more time 
away from their families and higher child care costs.
  Supporters will tell my colleagues that in lieu of overtime pay, 
workers will be given compensatory time, but employers have the right 
to decide when or even if the worker gets the time to take his time.
  It paves the way for mandatory overtime. Working women will lose 
control of their schedule. Any mother with a child knows, in child 
care, if you work late, you need to make arrangements in advance or you 
pay higher fees for child care. Without proper protections for these 
women, they can be forced by their employer to work late for longer and 
for less on top of having to pay more for child care and for 
transportation.
  The administration has threatened to veto this bill should the Obey-
Miller amendment be adopted. That is a fight that they cannot win, and 
they cannot win it because this rule reduces the quality of life for 
millions of American families by making them work harder and longer for 
less money, and the American people are not going to stand for that.
  Support the Obey-Miller amendment.
  Mr. REGULA. Mr. Chairman, I yield 30 seconds to the gentleman from 
Ohio (Mr. Boehner).
  Mr. BOEHNER. Mr. Chairman, let me remind everyone, this is to protect 
the rights of workers and to clarify a labor law that has not been 
changed in 54 years, and under the amendment offered by my good friend 
from California (Mr. George Miller), remember, we would create a double 
standard for employees. Those who do the same job, but if you were 
hired the day before this bill takes effect, you are grandfathered. If 
you are hired the day after, you are not grandfathered, and so you 
would have two employees sitting side by side in a cubicle doing the 
same identical work being treated differently under the law. I do not 
think that is what this Congress wants.
  Mr. OBEY. Mr. Chairman, I yield 1 minute to the gentleman from New 
Jersey (Mr. Andrews).
  Mr. ANDREWS. Mr. Chairman, I thank my friend for yielding me the 
time.
  Under this rule, a person who makes $25,000 a year and works in the 
shoe department of a retail store who spends most of her day selling 
shoes, who is asked to watch two other people who also sell shoes and 
keep records on them, but not have the right to fire them, not have the 
right to supervise them, that woman making $25,000 a year will not get 
time and a half if the employer says she has to work more than 40 hours 
a week. That is wrong.
  If my colleagues vote for the Obey-Miller amendment they stop that 
rule. The 40-hour workweek is a fundamental in this country, and we 
will not let you stop it.
  Mr. OBEY. Mr. Chairman, I yield 1 minute to the gentleman from New 
York (Mr. Crowley).
  Mr. CROWLEY. Mr. Chairman, right now the Bush administration is in 
the process of promulgating regulations that would strip overtime pay 
for many of America's first responders.
  Yes, after talking tough and continually stating that this White 
House and Republican Party supports America's first responders, the 
Bush administration and the Republicans are trying to pass into law 
regulations that will deprive millions of Americans, including police 
and firefighters who receive time and a half for that overtime work 
today, less money for their jobs protecting us.
  No one enters law enforcement or becomes a firefighter for the money, 
but this proposal by my colleagues would suggest so. As a Congressman 
from New York City whose district overlooks Manhattan, as someone who 
is the son of a police officer, the cousin of several firefighters, and 
whose spouse is a nurse, I know firsthand the needs of our first 
responders in protecting our country from terrorist attacks and keeping 
us safe.
  This bill continues this administration's and this Congress' past 
record of shortchanging cops and firefighters while pretending to stand 
with them. But do not listen to me or the Democrats or the Republicans 
or the White House. Ask your local first responders if they think they 
are overpaid and underworked. Did they ask for this bill? I do not 
think so.
  If you think they are, if you think your cops and your firefighters 
are lazy and overpaid, oppose the Obey-Miller amendment. I do not think 
they are. I will wholeheartedly support this amendment.
  Mr. OBEY. Mr. Chairman, how much time do we have remaining under the 
reduced time for each side?
  The CHAIRMAN pro tempore. Under the agreement, the gentleman from 
Wisconsin (Mr. Obey) has \1/2\ minute remaining. The gentleman from 
Ohio (Mr. Regula) has 1 minute remaining.
  Mr. OBEY. Mr. Chairman, I yield the remaining time to the gentleman 
from California (Mr. George Miller).
  Mr. GEORGE MILLER of California. Mr. Chairman, let me just say, once 
again, the gentleman from Ohio tried to suggest that this is going to 
create two classes of people. This just protects everybody who gets 
overtime today gets overtime tomorrow.

[[Page 17571]]

  They say if you get hired tomorrow, well, let me tell you in the Bush 
economy, nobody is getting hired tomorrow. People are getting laid off 
tomorrow. Okay. They are not getting hired, so that is not an issue.
  Secondly, let me say for first responders, you are talking about 
people from homicide detectives, you are talking about EMT, the people 
we expect to respond to these sites, to firefighters. So many first 
responders wrote objecting to this amendment that the Department of 
Labor sent out a letter and said, that is not our intent. They said, 
then exempt us from the regulation. They said we will not do that. So 
it is not their intent to include them, but they will not take them out 
of it. You are talking about half a million first responders who will 
go out on Code Orange and will get no protection of overtime pay.
  Your party, your choice, your vote.
  Mr. REGULA. Mr. Chairman, I yield for the purpose of making a 
unanimous consent request to the gentlewoman from Tennessee (Mrs. 
Blackburn).
  Mrs. BLACKBURN. Mr. Chairman, I submit to the Record some information 
from the National Federation of Independent Business relating to a poll 
that they conducted and some thoughts and opinions from their members 
on this issue.

  Mr. Chairman, I rise today in strong support of what the Department 
of Labor is trying to do on Section 541 overtime regulations. There is 
a lot of confusion in the employer community right now on how to deal 
with employee overtime, in large part because these regulations were 
last revised in 1954.
  I would like to share with my colleagues some very important survey 
data that makes the point that employers are confused with overtime 
regulations. Last month the National Federation of Independent Business 
Research Foundation released fresh data from their National Economic 
Poll in which they asked 750 small businesses:

       ``How do you determine if a specific employee who works 
     more than 40 hours per week should receive overtime pay? Do 
     you . . .
       Follow common industry practice--19.3 percent.
       Classify each job by occupation and earnings (the legally 
     correct way)--5.9 percent.
       Make only hourly-wage employees eligible--18.9 percent.
       Make only low-paid employees eligible--0.3 percent.
       Make everyone but management employees eligible--8.1 
     percent.
       No employees work overtime--33.5 percent.
       Everyone who works overtime is eligible--11.2 percent.
       Didn't know--2.9 percent.

  Mr. Chairman, this survey sheds critical light on the views of small 
business owners--this proves that small business owners don't really 
know how to properly classify their employees for overtime purposes.
  It's time to simplify the regulations. It's time to vote ``no'' on 
the amendment and let the rulemaking process move forward.
  Mr. REGULA. Mr. Chairman, I yield myself the remaining time.
  I would only say to my colleagues I think we need to reject this 
amendment. It is premature. These are proposed regulations. There is 
plenty of time for comment, and it is a recognition on the part of the 
Department of Labor that the 1 million low-paid workers today that have 
no opportunity to get time and a half will have that opportunity, and 
therefore, I would want this amendment rejected to give them that kind 
of a chance.
  Mr. Chairman, I yield back the balance of my time.
  Mr. OBEY. Mr. Chairman, I yield back the balance of my time.
  The CHAIRMAN pro tempore. All time for debate has expired.
  The question is on the amendment offered by the gentleman from 
Wisconsin (Mr. Obey).
  The question was taken; and the Chairman pro tempore announced that 
the noes appeared to have it.
  Mr. OBEY. Mr. Chairman, I demand a recorded vote, and pending that, I 
make the point of order a quorum is not present.
  The CHAIRMAN pro tempore. Pursuant to clause 6 of rule XVIII, further 
proceedings on the amendment offered by the gentleman from Wisconsin 
(Mr. Obey) will be postponed.
  The point of no quorum is considered withdrawn.
  Mr. OBEY. Mr. Chairman, I move to strike the last word, and I yield 
to the gentleman from Illinois (Mr. Jackson).
  Mr. JACKSON of Illinois. Mr. Chairman, I rise to ask the chairman to 
engage with me in a colloquy.
  I am pleased to have worked with the gentleman on the Committee on 
Appropriations, Subcommittee on Labor, Health and Human Services, 
Education and Related Agencies for the last number of years. I 
appreciate his support for and commitment to programs that benefit 
historically black health profession schools.
  I understand that this year there are significant challenges facing 
the subcommittee. However, I want to note two priorities that I am 
working to establish. The first is regarding the establishment of 
demonstration projects between community health centers and minority 
health professions schools for the purpose of health status disparities 
research and data collection, through the community access program.
  Community health centers have the potential to serve as valuable 
resources in biomedical and behavioral research aimed at reducing 
health status disparities among minority and medically underserved 
populations. Such demonstration projects were authorized in the Health 
Care Safety Net Amendments of 2002.
  The second is encouraging the National Center for Research Resources 
to give priority consideration to supporting extramural facilities 
construction projects at historically minority institutions which have 
developed a comprehensive plan to address the disproportionate impact 
of cancer in minority communities.
  I have been working with Charles R. Drew University of Medicine and 
Science in Los Angeles to ensure that resources are there to establish 
a center focused on care for minority cancer patients and research.
  Mr. Chairman, as we work towards the final passage of the fiscal year 
2004 Labor, Health and Human Services and Education bill, I ask that 
the gentleman work with me to ensure that we can support these two 
priorities.
  Mr. REGULA. Mr. Chairman, will the gentleman yield?
  Mr. OBEY. I yield to the gentleman from Ohio.
  Mr. REGULA. Mr. Chairman, I, too, am pleased to have worked with my 
colleague as a member of our Subcommittee on Labor, Health and Human 
Services, Education and Related Agencies. The programs that support 
historically black health professions schools are essential in 
eliminating health status disparities among minorities and underserved 
populations.

                              {time}  1645

  I will be sure to keep these priorities in mind as we work to 
finalize the fiscal year 2004 Labor, Health and Human Services, and 
Education bill and will work with the gentleman to see how we can 
accommodate these priorities. I appreciate the gentleman notifying me 
of his concerns.
  Ms. JACKSON-LEE of Texas. Mr. Chairman, I rise in support of the 
Obey/Miller Amendment to save overtime pay for millions of hardworking 
Americans. I will vote for this amendment on behalf of my constituents 
and the millions of people who work so hard to earn overtime wages in 
order to provide for themselves and their families.
  During this Administration, we have witnessed months of tough 
economic times for American families. We have seen the unemployment 
rate climb ever higher. We have watched millions of American families 
slide into poverty. Currently, we see millions of children and seniors 
go without the basic health care and medicine they deserve. This 
Administration has led the country backward into financial pain rather 
than forward into prosperity. That does not seem to be bad enough for 
the Republicans so they have gone still further to take away overtime 
pay of those who need it most. The Obey/Miller amendment seeks to 
remedy that wrong, at least in part.
  Sadly, through draft regulations recently issued by the Labor 
Department, Republicans want to cut the overtime wages of as many as 8 
million Americans. It is vital to note that thousands of first 
responders will be hurt by those regulations. That includes emergency

[[Page 17572]]

medical technicians, police, firefighters, nurses, and others. This is 
our opportunity to save overtime pay for millions of our constituents 
because the Obey/Miller amendment will prohibit the Department of Labor 
from using funds to enforce any regulation that would cut overtime pay.
  To be certain, overtime pay is not money that most families use to 
pay for extras such as luxury items or lavish vacations. Whatever they 
choose to use the money for, Mr. Chairman, it is certainly money that 
they have earned and deserve to receive in their paychecks. For many 
mothers and fathers, grandfathers and grandmothers, and other people 
who are responsible for the care of children, overtime pay is the money 
used to put food on the table and clothes on the backs of those 
children.
  In my district, many workers earn over 25% their annual income from 
their over time pay. In order to earn that pay, they spend many hours 
away from their homes and families. the Obey/Miller amendment will help 
to ensure that theirs is not simply a sacrifice that enriches their 
employers while doing nothing for themselves. It will help ensure that 
America's workers receive that to which they are entitled.
  I will vote in favor of the Obey/Miller amendment and I ask that my 
colleagues on both sides of the aisle join me in doing so. We should 
show bipartisan support and pass this amendment.
  Ms. WOOLSEY. Mr. Chairman, I rise in support of the Obey/Miller 
Amendment, which would protect millions of workers from losing their 
overtime pay.
  If the Bush Administration's proposed changes take effect, 79 percent 
of the workers in this country will lose their guaranteed right to 
overtime pay, 79% (8 out of every 10 workers). This is not just bad 
policy, it's piracy. It is a slap in the face to any effort for 
economic recovery. Mr. Speaker, how many CEO's do you know who would 
work without their pay?
  Under the Bush Administration's proposal, workers will be working the 
same long hours they now work--in fact, probably longer hours, without 
overtime compensation. That's why the Obey/Miller Amendment ensures 
that ``no'' public funds can be used to take away the overtime rights 
of workers.
  It is tough enough on families that are forced to spend long hours 
away from their families to earn a living, and commute long distances, 
now under this bill they won't even be compensated for their extra 
time. Join me in voting for this amendment to make certain that workers 
and families are not shortchanged by the Bush policies.
  Mrs. LOWEY. Mr. Chairman, I rise in strong support of the Obey-Miller 
amendment.
  Mr. Chairman, overtime pay, strict regulations on child labor, 
occupational safety standards, and employee training are the nuts and 
bolts of our Nation's labor laws.
  Yet, since day one, this administration has worked little by little, 
step by step, to unravel our gold standard protections.
  First, the Department of Labor passed on the opportunity to institute 
strong ergonomics standards and, instead, chose to implement weak 
guidelines--leaving many to continue working under egregious, unsafe 
conditions.
  The administration has repeatedly submitted budgets that have not 
provided Department of Labor programs with inflationary increases. In 
turn, many of our safety enforcement programs and worker protection 
efforts have been diminished.
  And now, the administration is attempting to strip precious dollars 
from those who are working the hardest, the longest, and in careers 
that are notoriously underpaid and often understaffed, including 
licensed practical nurses, EMTs, air traffic controllers, social 
workers, occupational therapists, physical therapists, health 
technicians, and paralegals.
  My colleagues, this proposal would have real consequences for the 
millions of hardworking Americans already working to send their 
children to college, the millions of Americans trying to buy a home, 
and the millions of Americans trying to save for retirement.
  In New York, everywhere I go, town supervisors, city mayors, and 
local leaders are discussing massive tax increases. All around the 
country, colleges, and universities are substantially raising tuitions. 
The reality is--Americans are already feeling squeezed. Let's not make 
it worse by sending them home with a blank check.
  Vote ``yes'' on the Obey-Miller amendment.
  Ms. WATERS. Mr. Chairman, I rise in support of the Obey/Miller 
Amendment.
  Since this Administration has taken office, over 3 million people 
have lost their jobs; the unemployment rate is at its highest levels in 
9 years. Yet to add insult to injury, the Administration is now 
proposing a regulation that would cut overtime wages to as many as 8 
million Americans.
  I urge my colleagues to support the Obey/Miller amendment which would 
prohibit the Department of Labor from using funds to carry out this 
appalling regulation. Too many Americans depend on overtime pay in 
order to make ends meet. We must not take it away from them.
  This Administration has no shame. They continue to push their ``Big 
Business/Special Interest'' agenda at the expense of the working 
Americans that make this country great. Perhaps this helps explain why 
this bill is lacking adequate funding for so many programs that 
Americans depend on.
  The Chairman and Ranking Member have worked to craft the best bill 
possible with the terrible cards they were dealt by the unfair and 
irresponsible Republican Budget Resolution. But the truth of the matter 
is, the President and the Republican leadership have decided that tax 
cuts for the few are more important than programs for the many.
  They decided that to provide an average of $88,000 in tax cuts for 
those earning $1 million or more is more important than increasing 
enrollment in Head Start, increasing Pell Grants, fighting the AIDS 
virus, funding medical research adequately or a host of other important 
programs.
  Time will not permit me to discuss all of the many problems with this 
bill, such as the inadequate funding for the NIH and for the Social 
Security Administration to process claims from retirees, so I'll just 
focus my comments on one problem: the immoral neglect of the Head Start 
program.
  Mr. Chairman, additional funding for Head Start should be a ``no-
brainer. There are few, if any, programs that have the success rate of 
Head Start. Government reports, early childhood experts, teachers and 
most important families all recognize the magnificent results Head 
Start has produced.
  There are many keys to the program's success; from the small child 
staff ratios, to the nutritious meals the children receive each day, or 
the doctor visits that each child is afforded. However, one of the most 
important factors in Head Start's success is the way that the child's 
parents are included in the educational process. We all know that 
parents are children's most important teachers and involving parents in 
their children's education is strongly related to children's 
achievement in school. Head Start capitalizes on that relationship.
  The only thing that is holding the Head Start program back today is 
the lack of funding. Today, only 60 percent of eligible students are 
able to enroll in Head Start; only 4 percent of eligible Early Head 
Start and 19 percent of the eligible Migrant and Seasonal Head Start of 
children are enrolled. This is much too low. Thousands of children are 
waiting on the sidelines, waiting to benefit from Head Start. We should 
make every effort to allow these children to enroll.
  Yet, look at how this bill treats Head Start. The President asked for 
an increase for Head Start of only $140 million. This bill provides a 
$148 million increase. Mr. Chairman, the $148 million increase is not 
even enough to keep pace with inflation. It certainly is not enough to 
sign up new children in the program. Nor will this paltry increase 
enable Head Start to ensure that its teachers and volunteers are 
properly trained.
  Mr. Chairman, in today's economy, education is the key to success. 
The sooner that we get children excited about learning the better off 
they will be. Head Start has an exceptional track record of success in 
getting children excited about learning.
  Mr. Chairman, I urge my colleagues to support Head Start. It works. 
We must provide the funding that it deserves and needs to extend its 
benefit to all eligible children. We can and must do better than this 
inadequate bill.
  I urge my colleagues, for the sake of our children, our families, our 
seniors, our working people, to vote yes on the Obey/Miller amendment 
to protect workers' overtime pay and then vote no on this bad bill.
  Ms. SLAUGHTER. Mr. Chairman, I rise in strong support of the 
amendment offered by my colleagues, Mr. Obey and Mr. Miller, which will 
block the Department of Labor from pursuing its plan to overhaul our 
overtime pay laws--at the expense of 8 million workers. Under these 
draft regulations, millions of workers who receive time and a half for 
their overtime work today will be required to work longer hours for 
less money.
  The implications of this measure on working families that have long 
depended upon overtime work to make ends meet would be devastating. In 
fact, according to 2000 Census figures, workers who receive overtime 
pay report that it accounts for a quarter of their total take-home pay. 
Try telling these workers that enactment of these regulations wouldn't 
result in a pay cut!
  Under these regulations, mid-level office workers, lower-level 
supervisors, licensed practical nurses, EMTs, cooks, secretaries,

[[Page 17573]]

dental hygienists, air traffic controllers, social workers, 
administrative support, engineering technicians, planners, and 
paralegals could all find themselves categorized as ``white collar'' 
employees. Now, does that sound right?
  With unemployment at its highest level in almost a decade and far too 
many of my constituents telling me that they live in fear that their 
jobs may be next, why, on earth, is the Department of Labor launching 
this new attack on America's workers?
  First proposed in March, the proposed regulations would reclassify 
millions of workers as ``managers,'' rendering them ineligible for 
overtime pay. During the comment period on the proposed rule change, 
one hundred Members of this body wrote to the Labor Department, urging 
that these proposed changes be dropped.
  In as much as the Labor Department intends to move forward with these 
rules, despite the public outcry and the strong congressional 
objections, it looks like this body is going to have to use its ``power 
of the purse'' and put an end to this ill-conceived effort.
  Mr. Chairman, the Department of Labor seems intent on picking up 
where the House Leadership left off. These rules are--quite simply--an 
insult to the working people of America.
  Mr. Chairman, after the de facto defeat of the so-called ``Family 
Flexibility Act'' last month, it appears that the Department of Labor 
now plans to strip our overtime rules, on its own, without 
congressional involvement.
  We have the opportunity today to tell the Department of Labor that 
this body will not stand for backdoor attempts at fundamentally 
undermining key labor laws. The economic security of far too many 
American families hangs in the balance.
  Therefore, Mr. Chairman, I urge my colleagues to join me and vote in 
favor of the Obey-Miller amendment.
  Ms. SOLIS. Mr. Chairman, I rise in strong support of the Obey/Miller 
amendment.
  It baffles me that at a time when our economy is reeling that the 
Bush Administration would want to weaken the protections of workers 
fortunate enough to still be employed. Over 9 million Americans are 
currently unemployed. Unemployment in my district, in East Los Angeles 
and the San Gabriel Valley, is almost 10% in some areas. Why then would 
we want to cut pay for those workers that have jobs?
  Under President Bush's proposal, millions of workers who now enjoy 
overtime protection would no longer qualify for overtime pay. The 
changes would impact police, firefighters, nurses, retail managers, and 
many others. It would impact many of my constituents, who have 
contacted me because they don't want a pay cut.
  Make no mistake about it. The proposed changes to our overtime 
regulations will mean a huge pay cut for these workers. It will mean 
longer hours with less pay.
  I urge my colleagues to oppose paycuts for American workers and 
support the Obey-Miller amendment.
  Ms. McCOLLUM. Mr. Chairman, I rise in strong support of the Obey-
Miller Amendment.
  Congress must protect the economic security of the working men and 
women who keep our nation safe and prosperous.
  I've punched a time clock.
  I've worked in retail sales to help support my family.
  I know what it is like for families to rely on overtime to pay for 
their children's college fund or repairs on their homes.
  America's hard working men and women deserve our support.
  But this administration instead wants to deliberately cut the 
overtime pay of 8 million Americans.
  Under the Bush Administration's rules, working people, including 
police officers, firefighters, and nurses will lose overtime 
compensation--as much as 25 percent of their salaries.
  This cruel attack on working families demonstrates the true 
compassionate conservative values of this administration--tax cuts for 
the wealthy and salary cuts for working people.
  Today, Congress must protect the economic security of our working 
families.
  Support the Obey-Miller amendment today.
  Mr. KUCINICH. Mr. Chairman, it's been a very tough year for the 
American worker. Astonishingly, it appears the Administration is 
attempting to make things even tougher. Already, the Administration is 
presiding over the highest unemployment rate since April, 1994. Already 
the median unemployment duration of 12.3 weeks is the greatest length 
it has been since July of 1967. And already, 3.1 million private sector 
jobs have vanished since the recession began in March 2001.
  The Administration's three pronged response to this jobs crisis has 
been to allow millions of working Americans to remain in poverty by 
refusing to raise the minimum wage, to deny unemployment benefits to 
millions of Americans who have exhausted their benefits because of the 
severity of this recession, and to provide hundreds of billions of 
dollars in tax giveaways for the richest Americans.
  As if all of this was not enough, the Administration now seems intent 
on literally picking the pockets of workers. First we saw an attempt to 
give workers a pay cut by giving them comp time instead of overtime. 
The real meaning of comp time, of course, is unpaid time off--at the 
employer's discretion. Now through administrative action and without 
the input of elected representatives, the Administration seeks to enact 
the most significant change to overtime rules since the Fair Labor 
Standards Act was passed in 1938.
  The result of these changes is that least 8 million workers will no 
longer be eligible for overtime. Among the unlucky 8 million are 
paramedics, firefighters, air traffic controllers, social workers, and 
architects. In 2000 overtime pay accounted for about 25 percent of the 
income for these workers. Their families will have much less money to 
pay the bills, while their employers will have a great incentive to 
make them work longer hours.
  The Obey-Miller amendment will stop the rollback of overtime pay. 
Obey-Miller will protect the wages of America's working people. Stop 
the legalized pick-pocketing of America's workers by the 
administration's attack on overtime pay for overtime work. Vote for the 
Obey-Miller amendment.


                    Amendment Offered by Mr. Toomey

  Mr. TOOMEY. Mr. Chairman, I offer an amendment.
  The CHAIRMAN pro tempore (Mr. Hastings of Washington). The Clerk will 
designate the amendment.
  The text of the amendment is as follows:

       Amendment offered by Mr. Toomey:
       At the end of the bill, insert after the last section 
     (preceding the short title) the following section:
       Sec. _. None of the funds made available in this Act for 
     the National Institutes of Health may be used to fund grant 
     number R01HD043689, R03HD039206, R01DA013896, or R01MH065871.

  The CHAIRMAN pro tempore. Points of order are reserved.
  Pursuant to the order of the House of today, the gentleman from 
Pennsylvania (Mr. Toomey) and a Member opposed will each control 10 
minutes.
  The Chair recognizes the gentleman from Pennsylvania (Mr. Toomey).


            Modification to Amendment Offered by Mr. Toomey

  Mr. TOOMEY. Mr. Chairman, I ask unanimous consent that the amendment 
be modified in the form at the desk.
  The CHAIRMAN pro tempore. The Clerk will report the modification.
  The Clerk read as follows:

       Modification to amendment offered by Mr. Toomey:
       At the end of the bill, insert after the last section 
     (preceding the short title) the following section:
       Sec.  . None of the funds made available in this Act may be 
     used to fund grant number R01HD39789 at the National 
     Institutes of Health.

  The CHAIRMAN pro tempore. Is there objection to the modification 
offered by the gentleman from Pennsylvania?
  There was no objection.
  The text of the amendment, as modified, is as follows:

       Amendment, as modified offered by Mr. Toomey:
       At the end of the bill, insert after the last section 
     (preceding the short title) the following section:
       Sec. _. None of the funds made available in this Act for 
     the National Institutes of Health may be used to fund grant 
     number R01HD043689 R03HD039206, R01DA013896, or R01MH065871.
       Sec. _. None of the funds made available in this Act may be 
     used to fund grant number R01HD039789 at the National 
     Institutes of Health.

  Mr. TOOMEY. Mr. Chairman, I yield myself 3\1/2\ minutes.
  Mr. Chairman, I think all of us in this Chamber have been faced with 
the painful visits in our offices from constituents who come to us with 
a heartrending story of a member of their family, often a child, who is 
suffering from a terrible and debilitating disease, perhaps a fatal 
disease, perhaps a disease for which there is no cure; and they come to 
us asking for some help, asking for resources to provide for the 
research that might find a cure. And nobody has heard more of these 
heartrending and compelling stories than

[[Page 17574]]

the distinguished chairman of this committee. I know he has devoted 
enormous amounts of time and effort to making sure the resources are 
there to help to try to find cures where it is possible.
  I think we have all embraced the idea of significant increases in 
funding for NIH, I have, and I think that is a bipartisan agreement. 
And we are all proud that we have doubled funding for NIH over 5 years. 
But what this amendment is about is trying to find a little bit more 
hope for a few more families. My amendment does not cut a dime of 
funding for NIH. What it does do is it would require the NIH to 
reprogram the money that is going to a few grants which we think are 
just much less worthy of taxpayer funding than the kind of research the 
NIH is generally doing to cure these devastating diseases.
  Now, one of these is a research project that the gentleman from 
Indiana is going to discuss, but I want to mention the four that my 
amendment would specifically exclude and forbid further funding from. 
These are projects, grants that are under way now and have already been 
funded by the NIH in the past, and we would, with this amendment, shut 
off further funding for.
  One of them is a study on the sexual habits of older men. A second is 
a study on San Francisco's Asian prostitutes and masseuses. A third one 
is a study on mood arousal and sexual risk-taking. And let me just 
share with my colleagues a highly sanitized and abbreviated summary of 
their grant application. If I actually read the whole thing, I suspect 
I would be admonished for the language I would be using on the House 
floor, so I will read just a little summary.
  This is a proposal, which says: ``In a series of laboratory studies, 
mood and sexual arousal will be induced and then their individual and 
combined effects on sexual risk-taking will be examined.'' Those are 
not my words. Those are the words of the applicant for the grants.
  There is another study on American Indian transgender research. The 
proposal, which is based on the proposition that American Indian and 
Alaskan native lesbian, gay, bisexual, transgender, and too-spirited 
individuals are a drastically understudied and underserved group.
  Mr. Chairman, I ask my colleagues, who thinks this stuff up? And, 
worse, who decides to actually fund these sorts of things? Well, 
unfortunately, the NIH has done so. These are the exceptions, and not 
the rule. This is not a general criticism of the NIH. But the point is 
these are not applications that are worthy of taxpayer funds.
  And let me make the point that there is nobody here that I know of 
that is saying we should ban this sort of research. If they want to do 
this sort of research, we need to fund this privately and not with 
taxpayer dollars. I simply want to make the point that there are so 
many far more important, very real diseases that are affecting real 
people; and that is what this kind of money could be used for, would be 
used for.
  We leave it to the NIH to decide how to reprogram this. And as for 
those who suggest that we should not interfere with the process by 
which the NIH decides how to allocate their funds, let me strongly 
disagree. We have an affirmative obligation in this Congress, as the 
body that controls the pursestrings of the Federal Government, to 
supervise and provide oversight. And when a bureaucracy is making 
mistakes, we have an obligation to come here and correct that. That is 
all we are saying.
  Mr. Chairman, I reserve the balance of my time.
  Mr. REGULA. Mr. Chairman, I rise to claim the time in opposition to 
this amendment, and I yield myself such time as I may consume.
  These amendments have been picked out of a database that contains a 
single paragraph on each of 40,000 grants that NIH supports. Now, keep 
in mind that that represents a winnowing down from perhaps 120,000 
applications. How do they pick the one out of three that will be 
funded? The NIH has an elaborate two-tiered peer review process that is 
mandated by the Public Health Service Act. Outside review panels of 
distinguished scientists from universities nationwide gather to review 
each application, which can easily run on to several hundred pages.
  I think to pass judgment on these, you would have to read the several 
hundred pages to know what the ultimate goal is, rather than one 
paragraph. Then these recommendations are reviewed by advisory councils 
comprised of scientists and members of the public whose nominations are 
cleared through the Department.
  NIH only funds about 30 percent, as I mentioned; and we can be 
confident that they are very careful because there are so many good 
objectives in the form of requests. They go through these very, very 
carefully with top-flight people to ensure that there is a worthy 
objective to be achieved in doing the research in question.
  If Members are concerned about NIH funding in certain issue areas, I 
think they should urge the authorizing committees to review this as 
they consider the reauthorization of NIH, and that will be coming up. I 
know that the Committee on Energy and Commerce has been doing an 
extensive review of NIH actions across a number of areas in preparation 
for a reauthorization, and I would suggest to my colleagues this would 
be the appropriate place to bring up their objections to the process 
that is presently used by NIH because in the reauthorization action 
they can address what they feel might be a shortcoming.
  I strongly urge the Members to resist the temptation to select a few 
grants for defunding because they do not like the sound of them based 
on one paragraph out of what probably was a number of pages of 
information. It would set a dangerous precedent and put a chill on 
medical research if we start to micromanage individual NIH grants.
  This has worked well over the years. We have had enormous progress 
because of these grants in achieving medical knowledge and giving the 
public a better health care system. I do not think this body, this 
committee, wants to get into the process of reviewing 120,000 grants 
and trying to pick 40,000 out of that group for funding.
  I strongly urge the Members to reject this amendment; and I urge my 
colleagues to take this issue to the proper committee, the Committee on 
Energy and Commerce, and if they feel that NIH needs to have its 
processes reformed, then that is the place to do it.
  Mr. YOUNG of Florida. Mr. Chairman, will the gentleman yield?
  Mr. REGULA. I yield to the gentleman from Florida, the chairman of 
the full committee.
  Mr. YOUNG of Florida. Mr. Chairman, I thank the gentleman for 
yielding to me; and in the interest of time, I am not going to repeat 
some of the arguments. The gentleman has made a very persuasive 
argument, and I associate myself with those remarks.
  The chairman is right on target, and I just think that this would be 
a mischievous amendment and hope that we can defeat the amendment.
  Mr. REGULA. Mr. Chairman, I reserve the balance of my time.
  Mr. TOOMEY. Mr. Chairman, I yield 3 minutes to the gentleman from 
Indiana (Mr. Chocola), the cosponsor of this amendment.
  Mr. CHOCOLA. Mr. Chairman, I thank the gentleman for yielding me this 
time, and I appreciate his remarks and would like to associate myself 
with his earlier remarks.
  With all due respect to the distinguished chairman and to the peer 
review process, I think this amendment is relatively simple. It lives 
up to our responsibility that we are really sent here to do, and that 
is to be a good steward of taxpayer dollars.
  Now, not only does the appropriations fund grants that the gentleman 
from Pennsylvania (Mr. Toomey) mentioned, it also funds a grant that 
studies human linkages with the panda reserve in China. Now, I do not 
think I am going out on a limb to say that no one in the Second 
Congressional District of Indiana is going to benefit from this study. 
I doubt I am taking too much of a risk to say no one in any 
congressional district in America is going to benefit from this study.
  Mr. Chairman, I come from a business background, and I am a new 
Member of Congress; but when someone in

[[Page 17575]]

our company wanted to spend money, we had to take the ultimate 
responsibility. And although the peer review process is probably pretty 
good, there comes a time when you have to say no, when you have to say 
this money is not spent in the best interest of the American people.
  Since I do not know that we can identify people who benefit from this 
taxpayer money being spent on these grants, I do know, as the gentleman 
from Pennsylvania pointed out, the people in my district have juvenile 
diabetes, they have cancer, they have AIDS, they have horrible diseases 
like Crohn's, and that is what we should be spending NIH money on. We 
should be eradicating these horrible diseases that ruin families, ruin 
individual lives rather than grants that really benefit no one that we 
can identify.
  So I urge my colleagues to adopt this amendment.
  Mr. TOOMEY. Mr. Chairman, may I inquire as to who closes in this 
process.
  The CHAIRMAN pro tempore. The gentleman from Ohio (Mr. Regula) has 
the right to close.
  Mr. TOOMEY. Mr. Chairman, I yield 2\1/2\ minutes to the gentleman 
from Arizona (Mr. Flake).
  Mr. FLAKE. Mr. Chairman, I thank the gentleman for yielding me this 
time, and with all deference to the distinguished chairmen who have 
spoken here, I think that we do need to speak out at this point.
  I have been concerned about this for a while. I sent a letter 
recently to NIH asking that they explain their decision to fund a study 
that is not covered here, it is another study, that paid women to watch 
pornography and to study arousal. The letter I received back was 
interesting. The NIH said, ``The research methods used in the grant 
were scientifically established and met ethical research standards.''
  Now, I do not doubt that at all; but that is not the standard that we 
ought to employ here. The standard we ought to employ here is, is this 
a proper use of taxpayer funds, and I think on that level it surely 
fails.
  I do not know how in the world, when we do not have enough money to 
fund things like the reaction of children to vaccines for childhood 
autism, that is one request that was actually denied because NIH came 
back and said we do not have sufficient money to do that, that is a 
serious disease affecting a lot of people. So we do not have enough 
money to do that; but then, in turn, we have enough money to fund a 
study to pay women to watch pornography. I think that is wrong.
  The chairman noted there is peer review. Certainly there is. Again, 
the question we need to have answered is not whether this is 
scientifically based or reviewed, but is it proper for the taxpayers to 
fund. I would suggest that there is a lot of funding available out 
there from people like Larry Flint or others, but we should not be 
asking the American taxpayer to fund this kind of thing.

                              {time}  1700

  Mr. REGULA. Mr. Chairman, I yield 1 minute to the gentleman from 
California (Mr. Cunningham).
  Mr. CUNNINGHAM. Mr. Chairman, I reluctantly stand opposed to this 
amendment, but I understand why my colleagues want it. I do not think 
there is a thing in there I would support if asked to support, but I 
will say that I have hundreds of doctors and hospitals come to me every 
single day and ask me to direct NIH to do this or that. I personally 
believe that things and discoveries should be left up to NIH, that when 
something is close to helping, we should allow them to do that.
  But once we get into politicians, which we all are, directing what 
NIH does, it is not what you are trying to eliminate, it is the whole 
broad perspective of what we could do in the long run. In the past, 
many of the diseases were politicized, and funding was taken totally 
away from others, and I want to stay away from that. I think it is a 
bad precedent, not on the gentleman's issue, but on the precedent of 
directing NIH. I reluctantly oppose the amendment.
  Mr. REGULA. Mr. Chairman, I yield 4 minutes to the gentleman from 
Wisconsin (Mr. Obey).
  Mr. OBEY. Mr. Chairman, years ago Senator Proxmire from my State used 
to have the Golden Fleece Awards. He was a good friend of mine. One 
year he made a whole lot of fun of a study on Polish pigs. They had a 
field day with it. Funny name, strange-sounding grant. Well, guess 
what? That study led to the development of a new blood pressure 
medicine which millions of people use today. The know-nothings in the 
Congress at that time would have eliminated that study. I do not think 
that would have been a good outcome.
  I have served on the subcommittee that deals with NIH for a long 
time, and the one thing I came to understand very quickly is that the 
day that we politicize NIH research, the day we decide which grants are 
going to be approved on the basis of a 10-minute horseback debate in 
the House of Representatives with 434 of the 435 Members in this place 
who do not even know what the grant is, that is the day we will ruin 
science research in this country. We have no business making political 
judgments about those kinds of issues.
  I would ask the following questions of the gentlemen who are offering 
this amendment: Can they tell me what score each of the grants received 
in the peer review process? Can they tell me who is on the peer review 
committee that takes a look at each of these in the study circles? Do 
you have objection to any of the persons who are on those study 
sections? I think the gentlemen have an obligation to answer those 
questions if they are going to bring something like this to the floor 
with no notice and no understanding of what these grants do.
  Now, I would say that I do not have any idea what these grants do. I 
can imagine, though, that perhaps this study on so-called sexual 
arousal, that perhaps it is one way of trying to determine how you 
prevent child molestation or rape. I can also imagine with respect to 
the longitudinal study on sexual behavior of old men, NIH says this: 
``Without a better understanding of age-related changes in men's sexual 
functions, physicians may assume that declines in function are normal 
when they actually reflect early symptoms of disease such as diabetes 
and heart disease.''
  With respect to the study that relates to intervention for drug-using 
women sex workers, let us say you do not have any sympathy at all for 
the sex workers or their partners. I am concerned about the innocent 
partners of those partners. What about the wives of persons who go to 
these sex workers and then wind up getting disease? I think we ought to 
know as much as possible how to prevent transmission of disease, and 
what role drug use has in that process.
  So without knowing anything about these, I return to my basic 
principle: We have NIH for a reason; we have peer review for a reason. 
I would rather trust the judgment of 10 doctors sitting around a table 
than I would 10 politicians sitting around a table when we decide how 
to allocate taxpayer money for those grants.
  The reason NIH is there is so none of us bring our political biases 
to the table, and that is the way it ought to remain.
  Mr. BAIRD. Mr. Chairman, will the gentleman yield?
  Mr. OBEY. I yield to the gentleman from Washington.
  Mr. BAIRD. Mr. Chairman, I want to associate myself with the remarks 
of the distinguished chairman and dispute the comments of the gentleman 
from Indiana, and particularly the material he provided to his 
colleagues which said do not spend money for NIH panda research in 
China. In fact, the research has to do with population dynamics, the 
pressure on an ecosystem that supports the pandas, and the development 
of a population, including how those people can provide fuel and food 
for their children. It is a study of pandas; it is a study of human 
development.
  There is a fundamental nexus between environmental quality, human 
health, and population pressures that impacts the world profoundly. The 
gentleman fails to recognize that and deceives his colleagues with the 
title of his amendment.

[[Page 17576]]


  Mr. TOOMEY. Mr. Chairman, I yield myself the balance of my time.
  Let me say, we can read the entire application, and the projects do 
not sound any more compelling or any more convincing. The point is this 
is about priorities. There are just so many devastating diseases that 
are killing people every day in this country. There are many where the 
NIH is responsible for tremendous progress being made on so many 
fronts. I think we have an obligation to do as much as we can for those 
priorities.
  Studying Asian prostitution in San Francisco massage parlors and the 
study of mood swings on sexual arousal does not strike me as deserving 
the same kind of priority as curing cancer in small children and so 
many other devastating diseases. That is what I think this is about.
  As for the peer review process, as a general matter I completely 
agree with the peer review process, but I do not think that absolves us 
completely of our obligation to have some oversight on these issues and 
decide whether or not in some cases this peer review process runs amok.
  That is what I think this debate is all about: Do we draw the line 
anywhere ever, or do we not. I think we do, I think we should on these 
specific grants, and I urge my colleagues to vote to adopt this 
amendment.
  Mr. Chairman, I yield back the balance of my time.
  Mr. REGULA. Mr. Chairman, I yield 45 seconds to the gentleman from 
Michigan (Mr. Rogers).
  Mr. ROGERS of Michigan. Mr. Chairman, I rise reluctantly as well, but 
in peer review science, being in the middle of it is maybe not the 
place to effect change. Maybe we should set some parameters up front.
  One of the studies here sounds fairly innocent. Research on pandas 
and their relationship sounds a little funny on its face, but when we 
look at it, and I can say it no better than a representative from 
Michigan State University, and I just want to read this, ``Perhaps at 
no other time in human history have the issues been so crucial as 
pandemics whose roots are found in animals spread across the globe: 
SARS, AIDS and monkeypox, to name a few. Dr. Lou's work is exactly the 
research needed to understand and plan for tomorrow's health issues.''
  They are getting into understanding and study of how some of these 
diseases get transferred from animals to humans. I would argue that is 
very, very important work, and we ought to invest in it.
  Mr. REGULA. Mr. Chairman, I yield myself such time as I may consume.
  I urge my colleagues to vote against this amendment. We cannot start 
second-guessing and trying to review the work of NIH. They have very 
distinguished panelists, experts and scientists. They spend a lot of 
time on these. They have 120,000 applications. They do the best job 
they can, and they have been successful. I would urge my colleagues to 
go to the authorizing committee if they feel there should be some 
different procedures and bring that to their attention as they review 
these panel activities.
  The CHAIRMAN pro tempore (Mr. Hastings of Washington). The question 
is on the amendment, as modified, offered by the gentleman from 
Pennsylvania (Mr. Toomey).
  The question was taken; and the Chairman pro tempore announced that 
the noes appeared to have it.
  Mr. TOOMEY. Mr. Chairman, I demand a recorded vote.
  The CHAIRMAN pro tempore. Pursuant to clause 6 of rule XVIII, further 
proceedings on the amendment, as modified, offered by the gentleman 
from Pennsylvania (Mr. Toomey) will be postponed.


                     Amendment Offered by Mr. Obey

  Mr. OBEY. Mr. Chairman, I offer an amendment.
  The CHAIRMAN pro tempore. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Amendment offered by Mr. Obey:
       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 points 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;
       (2) to the computation and application of the enhanced FMAP 
     (described in section 2105(b) of such Act); or
       (3) for any purposes other than payment to the State under 
     title XIX of such Act.
       (c) The increase in the Federal medical assistance 
     percentage under subsection (a) shall be in addition to the 
     increase provided under title IV of the Jobs and Growth Tax 
     Relief Reconciliation Act of 2003 (Public Law 108-27).
       (d) In the case an increase is provided under subsection 
     (a) for Puerto Rico, the Virgin Islands, Guam, the Northern 
     Mariana Islands, or American Samoa for a calendar quarter in 
     a fiscal year, the amounts otherwise determined for such 
     territory under subsections (f) and (g) of section 1108 of 
     the Social Security Act (42 U.S.C. 1308) and applicable to 
     such quarter shall each be increased by an amount equal to 
     \1/4\ of 1.9 percent of such amounts.
       Sec. 602. 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 18 percent.

  The CHAIRMAN pro tempore. Points of order are reserved.
  Pursuant to the order of the House of today, the gentleman from 
Wisconsin (Mr. Obey) and a Member opposed each will control 5 minutes.
  The Chair recognizes the gentleman from Wisconsin (Mr. Obey).
  Mr. OBEY. Mr. Chairman, I yield myself such time as I may consume.
  Here is what this amendment is all about. At a time when high 
unemployment is causing many Americans to lose their jobs and their 
job-related health coverage, State fiscal crises are leading States to 
cut back health coverage, Medicaid and SCHIP programs. According to the 
Kaiser Commission, 49 of the 50 States have implemented or are planning 
to implement cutbacks in Medicaid during fiscal year 2003. It is 
estimated that adoption of those cutbacks will lead to the elimination 
of health coverage for 1.7 million people. Many of them will be 
children.
  This amendment would simply provide a 1 percentage add-on to the 
Federal assistance to every State for their Medicaid programs. To 
receive that additional aid, States would have to refrain from any 
further cutbacks in eligibility for children under both Medicaid and 
SCHIP and restore eligibility for children to the rules that prevailed 
on July 1, 2001. We would pay for the amendment by simply reducing the 
size of the tax cut for persons who make more than $1 million a year, 
from $88,000 to $72,000.
  So the choice is simple. If you want to keep children on the health 
care rolls, if you want to make sure they are not knocked off the 
health care rolls in order to finance supersize tax cuts for people who 
make more than a million dollars, you will vote for this amendment. 
That is what the amendment does.
  Again, if the majority chooses to exercise its right to offer a point 
of order, then we will, instead of appealing the ruling of the Chair, 
we will simply ask that we strike the enacting clause so that this bill 
may go back to the committee so we may have an opportunity to offer an 
amendment which tries to prevent children from being knocked off the 
health care rolls. It is that simple. I would ask for a yes vote.
  Mr. Chairman, I reserve the balance of my time.


                             Point of Order

  Mr. REGULA. Mr. Chairman, I make a point of order against the 
amendment because it proposes to change existing law and constitutes 
legislation in an appropriations bill; and, therefore, violates clause 
2 of rule XXI.

[[Page 17577]]

  In addition, the amendment is a tax or tariff measure and is in 
violation of clause 5(a) of rule XXI. Clause 2 of rule XXI states in 
pertinent part, ``An amendment to a general appropriation bill shall 
not be in order if it changes existing law.'' The amendment amends 
existing law. Clause 5(a) of rule XXI states in part, ``A bill or joint 
resolution carrying a tax or tariff measure may not be reported by a 
committee not having jurisdiction to report tax or tariff measures, and 
an amendment in the House or proposed by the Senate carrying a tax or 
tariff measure shall not be in order during the consideration of a bill 
or joint resolution reported by a committee not having that 
jurisdiction.''
  The amendment is clearly legislation as well as a tax or tariff 
provision, and is, therefore, in violation of the House rules.
  I ask for a ruling from the Chair.
  The CHAIRMAN pro tempore. Does any Member wish to be heard on the 
point of order?
  Mr. OBEY. Mr. Chairman, I simply urge the Chairman not to insist on 
the point of order. If he does, I would concede the point of order and 
move on to the next motion I have already described.
  The CHAIRMAN pro tempore. The point of order is conceded and 
sustained.


                Preferential Motion Offered by Mr. Obey

  Mr. OBEY. Mr. Chairman, I offer a preferential motion.
  The Clerk read as follows:

       Mr. Obey moves that the Committee do now rise and report 
     the bill back to the House with the recommendation that the 
     enacting clause be stricken.

  The CHAIRMAN pro tempore. The gentleman from Wisconsin (Mr. Obey) is 
recognized for 5 minutes.
  Mr. OBEY. Mr. Chairman, I have already explained the motion and in 
the interest of saving time and also striking the last word to sum up 
in the end, I am going to ask that Members vote to strike the enacting 
clause so that we can repair this bill in the manner I have just 
described. I hope they do that.
  In the event that they do not, I am urging Members to vote no, 
because we do not believe that we ought to say to the country that we 
have room for $2 trillion in tax cuts, including an $88,000 tax cut for 
persons making over $1 million a year, but we do not have any room in 
the inn for children who need health care or need more help in Title I, 
for school districts who need more help on special education, and all 
of the others problems we have described today.
  Mr. Chairman, I yield back the balance of my time.
  Mr. REGULA. Mr. Chairman, I claim the time in opposition to the 
motion.
  I just want to say to all Members, we are getting close to finishing 
up here.

                              {time}  1715

  I would urge all the Members to vote ``no'' on all of the amendments, 
and I would urge the Members to vote for the bill. It is fair. It is 
balanced. It meets the needs of the 280 million people of this Nation, 
and I think it is a very positive step. It is reasonable in terms of 
cost, and I would hope we have a strong ``yes'' vote in support of the 
bill and a strong ``no'' vote on all the amendments.
  Mr. OBEY. Mr. Chairman, will the gentleman yield?
  Mr. REGULA. I yield to the gentleman from Wisconsin.
  Mr. OBEY. Mr. Chairman, I would like to thank the gentleman for the 
courtesies he has extended and to thank the staff on both sides of the 
aisle for the work they have done.
  The CHAIRMAN. The question is on the motion offered by the gentleman 
from Wisconsin (Mr. Obey).
  The question was taken; and the Chairman announced that the noes 
appeared to have it.


                             Recorded Vote

  Mr. OBEY. Mr. Chairman, I demand a recorded vote.
  A recorded vote was ordered.
  The CHAIRMAN. Pursuant to clause 6(g) of rule XVIII, this 15-minute 
vote on the motion of the gentleman from Wisconsin (Mr. Obey) will be 
followed by 5-minute votes on the amendments to this bill that were 
postponed earlier today.
  The vote was taken by electronic device, and there were--ayes 197, 
noes 224, not voting 13, as follows:

                             [Roll No. 348]

                               AYES--197

     Abercrombie
     Ackerman
     Alexander
     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
     Edwards
     Emanuel
     Engel
     Eshoo
     Etheridge
     Evans
     Farr
     Fattah
     Filner
     Ford
     Frank (MA)
     Frost
     Gonzalez
     Gordon
     Green (TX)
     Grijalva
     Gutierrez
     Hastings (FL)
     Hill
     Hinchey
     Hinojosa
     Hoeffel
     Holden
     Holt
     Honda
     Hooley (OR)
     Hoyer
     Inslee
     Israel
     Jackson (IL)
     Jackson-Lee (TX)
     Jefferson
     John
     Johnson, E. B.
     Jones (OH)
     Kanjorski
     Kaptur
     Kennedy (RI)
     Kildee
     Kilpatrick
     Kind
     Kleczka
     Kucinich
     Lampson
     Langevin
     Lantos
     Larsen (WA)
     Larson (CT)
     Lee
     Levin
     Lewis (GA)
     Lipinski
     Lofgren
     Lowey
     Lucas (KY)
     Lynch
     Majette
     Maloney
     Markey
     Marshall
     Matheson
     Matsui
     McCarthy (MO)
     McCarthy (NY)
     McCollum
     McDermott
     McGovern
     McIntyre
     McNulty
     Meehan
     Meek (FL)
     Meeks (NY)
     Menendez
     Michaud
     Miller (NC)
     Miller, George
     Mollohan
     Moore
     Moran (VA)
     Murtha
     Nadler
     Napolitano
     Neal (MA)
     Oberstar
     Obey
     Olver
     Ortiz
     Pallone
     Pascrell
     Pastor
     Pelosi
     Peterson (MN)
     Pomeroy
     Price (NC)
     Rahall
     Rangel
     Reyes
     Rodriguez
     Ross
     Rothman
     Roybal-Allard
     Ruppersberger
     Rush
     Ryan (OH)
     Sabo
     Sanchez, Linda T.
     Sanders
     Sandlin
     Schakowsky
     Schiff
     Scott (GA)
     Scott (VA)
     Serrano
     Sherman
     Skelton
     Slaughter
     Smith (WA)
     Snyder
     Solis
     Spratt
     Stark
     Stenholm
     Strickland
     Stupak
     Tanner
     Tauscher
     Taylor (MS)
     Thompson (CA)
     Thompson (MS)
     Tierney
     Towns
     Turner (TX)
     Udall (CO)
     Udall (NM)
     Van Hollen
     Velazquez
     Visclosky
     Waters
     Watson
     Watt
     Waxman
     Weiner
     Wexler
     Woolsey
     Wu
     Wynn

                               NOES--224

     Aderholt
     Akin
     Bachus
     Baker
     Ballenger
     Barrett (SC)
     Bartlett (MD)
     Barton (TX)
     Bass
     Beauprez
     Bereuter
     Biggert
     Bilirakis
     Bishop (UT)
     Blackburn
     Blunt
     Boehlert
     Boehner
     Bonilla
     Bonner
     Bono
     Boozman
     Bradley (NH)
     Brady (TX)
     Brown (SC)
     Brown-Waite, Ginny
     Burgess
     Burns
     Burr
     Burton (IN)
     Buyer
     Calvert
     Camp
     Cannon
     Cantor
     Capito
     Carter
     Castle
     Chabot
     Chocola
     Coble
     Cole
     Collins
     Cox
     Crane
     Crenshaw
     Cubin
     Culberson
     Cunningham
     Davis, Jo Ann
     Davis, Tom
     Deal (GA)
     DeLay
     DeMint
     Diaz-Balart, L.
     Diaz-Balart, M.
     Doolittle
     Dreier
     Duncan
     Dunn
     Ehlers
     Emerson
     English
     Everett
     Feeney
     Ferguson
     Flake
     Foley
     Forbes
     Franks (AZ)
     Frelinghuysen
     Gallegly
     Garrett (NJ)
     Gerlach
     Gillmor
     Gingrey
     Goode
     Goodlatte
     Granger
     Graves
     Green (WI)
     Greenwood
     Gutknecht
     Hall
     Harris
     Hart
     Hastings (WA)
     Hayes
     Hayworth
     Hefley
     Hensarling
     Herger
     Hobson
     Hoekstra
     Hostettler
     Houghton
     Hulshof
     Hunter
     Hyde
     Isakson
     Issa
     Istook
     Janklow
     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)

[[Page 17578]]


     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)

                             NOT VOTING--13

     Allen
     Cramer
     Fletcher
     Fossella
     Gephardt
     Gibbons
     Gilchrest
     Goss
     Harman
     Millender-McDonald
     Owens
     Payne
     Sanchez, Loretta


                      Announcement by the Chairman

  The CHAIRMAN (during the vote). Members are advised there are 2 
minutes remaining to vote.

                              {time}  1738

  Ms. HART and Messrs. DUNCAN, HEFLEY, COBLE, COLE and WICKER changed 
their vote from ``aye'' to ``no.''
  So the motion was rejected.
  The result of the vote was announced as above recorded.


          Sequential Votes Postponed in Committee of the Whole

  The CHAIRMAN. Pursuant to clause 6 of rule XVIII, proceedings will 
now resume on those amendments on which further proceedings were 
postponed in the following order: Amendment No. 6 offered by the 
gentleman from West Virginia (Mr. Rahall), the amendment offered by the 
gentleman from Maine (Mr. Allen), the amendment offered by the 
gentleman from Wisconsin (Mr. Obey) and the amendment offered by the 
gentleman from Pennsylvania (Mr. Toomey).
  These votes will be conducted as 5-minute votes.


                 Amendment No. 6 Offered by Mr. Rahall

  The CHAIRMAN. The pending business is the demand for a recorded vote 
on the amendment offered by the gentleman from West Virginia (Mr. 
Rahall) on which further proceedings were postponed and on which the 
noes prevailed by voice vote.
  The Clerk will redesignate the amendment.
  The Clerk redesignated the amendment.


                             Recorded Vote

  The CHAIRMAN. A recorded vote has been demanded.
  A recorded vote was ordered.
  The CHAIRMAN. This will be a 5-minute vote.
  The vote was taken by electronic device, and there were--ayes 210, 
noes 212, not voting 12, as follows:

                             [Roll No. 349]

                               AYES--210

     Abercrombie
     Ackerman
     Alexander
     Allen
     Andrews
     Baca
     Bachus
     Baird
     Baldwin
     Ballance
     Bartlett (MD)
     Becerra
     Bell
     Berkley
     Berman
     Berry
     Bishop (GA)
     Bishop (NY)
     Blumenauer
     Boehlert
     Boswell
     Boucher
     Boyd
     Brady (PA)
     Brown (OH)
     Brown, Corrine
     Capito
     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
     Edwards
     Emanuel
     Emerson
     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
     LaHood
     Lampson
     Langevin
     Lantos
     Larsen (WA)
     Larson (CT)
     Leach
     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)
     Murphy
     Murtha
     Nadler
     Napolitano
     Neal (MA)
     Ney
     Oberstar
     Obey
     Olver
     Ortiz
     Pallone
     Pascrell
     Pastor
     Pelosi
     Peterson (MN)
     Pomeroy
     Price (NC)
     Rahall
     Ramstad
     Rangel
     Reyes
     Rodriguez
     Ross
     Rothman
     Roybal-Allard
     Ruppersberger
     Rush
     Ryan (OH)
     Sabo
     Sanchez, Linda T.
     Sanders
     Sandlin
     Schakowsky
     Schiff
     Scott (GA)
     Scott (VA)
     Serrano
     Sherman
     Shimkus
     Skelton
     Slaughter
     Smith (WA)
     Snyder
     Solis
     Spratt
     Stark
     Stenholm
     Strickland
     Stupak
     Tanner
     Tauscher
     Taylor (MS)
     Thompson (CA)
     Thompson (MS)
     Tierney
     Towns
     Turner (TX)
     Udall (CO)
     Udall (NM)
     Van Hollen
     Velazquez
     Visclosky
     Waters
     Watson
     Watt
     Waxman
     Weiner
     Wexler
     Woolsey
     Wu
     Wynn

                               NOES--212

     Aderholt
     Akin
     Baker
     Ballenger
     Barrett (SC)
     Barton (TX)
     Bass
     Beauprez
     Bereuter
     Biggert
     Bilirakis
     Bishop (UT)
     Blackburn
     Blunt
     Boehner
     Bonilla
     Bonner
     Bono
     Boozman
     Bradley (NH)
     Brady (TX)
     Brown (SC)
     Brown-Waite, Ginny
     Burgess
     Burns
     Burr
     Burton (IN)
     Buyer
     Calvert
     Camp
     Cannon
     Cantor
     Carter
     Castle
     Chabot
     Chocola
     Coble
     Cole
     Collins
     Crane
     Crenshaw
     Cubin
     Culberson
     Cunningham
     Davis, Jo Ann
     Davis, Tom
     Deal (GA)
     DeLay
     DeMint
     Diaz-Balart, L.
     Diaz-Balart, M.
     Doolittle
     Dreier
     Duncan
     Dunn
     Ehlers
     English
     Everett
     Feeney
     Ferguson
     Flake
     Foley
     Forbes
     Franks (AZ)
     Frelinghuysen
     Gallegly
     Garrett (NJ)
     Gerlach
     Gilchrest
     Gillmor
     Gingrey
     Goode
     Goodlatte
     Granger
     Graves
     Green (WI)
     Greenwood
     Gutknecht
     Harris
     Hart
     Hastings (WA)
     Hayes
     Hayworth
     Hefley
     Hensarling
     Herger
     Hobson
     Hoekstra
     Hostettler
     Houghton
     Hulshof
     Hunter
     Hyde
     Isakson
     Issa
     Istook
     Janklow
     Jenkins
     Johnson (CT)
     Johnson (IL)
     Johnson, Sam
     Jones (NC)
     Keller
     Kelly
     Kennedy (MN)
     King (IA)
     King (NY)
     Kingston
     Kirk
     Kline
     Knollenberg
     Kolbe
     Latham
     LaTourette
     Lewis (CA)
     Lewis (KY)
     Linder
     LoBiondo
     Lucas (OK)
     Manzullo
     McCotter
     McCrery
     McHugh
     McInnis
     McKeon
     Mica
     Miller (FL)
     Miller (MI)
     Miller, Gary
     Moran (KS)
     Musgrave
     Myrick
     Nethercutt
     Neugebauer
     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
     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
     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)

                             NOT VOTING--12

     Cox
     Cramer
     Fletcher
     Fossella
     Gephardt
     Gibbons
     Goss
     Harman
     Millender-McDonald
     Owens
     Payne
     Sanchez, Loretta


                      Announcement by the Chairman

  The CHAIRMAN (during the vote). There are 2 minutes remaining in this 
vote.

                              {time}  1747

  Mr. PICKERING changed his vote from ``aye'' to ``no.''
  So the amendment was rejected.
  The result of the vote was announced as above recorded.


                     Amendment Offered by Mr. Allen

  The CHAIRMAN. The pending business is the demand for a recorded vote 
on the amendment offered by the gentleman from Maine (Mr. Allen) on 
which further proceedings were postponed and on which the noes 
prevailed by voice vote.
  The Clerk will redesignate the amendment.
  The Clerk redesignated the amendment.


                             Recorded Vote

  The CHAIRMAN. A recorded vote has been demanded.
  A recorded vote was ordered.
  The CHAIRMAN. This will be a 5-minute vote.
  The vote was taken by electronic device, and there were--ayes 199, 
noes 223, not voting 12, as follows:

                             [Roll No. 350]

                               AYES--199

     Abercrombie
     Ackerman
     Alexander
     Allen
     Andrews
     Baca
     Baird
     Baldwin
     Ballance
     Becerra
     Bell
     Berkley

[[Page 17579]]


     Berman
     Berry
     Bishop (GA)
     Bishop (NY)
     Bishop (UT)
     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
     Doyle
     Edwards
     Emanuel
     Engel
     Eshoo
     Etheridge
     Evans
     Farr
     Fattah
     Filner
     Ford
     Frank (MA)
     Frost
     Gonzalez
     Gordon
     Green (TX)
     Grijalva
     Gutierrez
     Hastings (FL)
     Hill
     Hinchey
     Hinojosa
     Hoeffel
     Holden
     Holt
     Honda
     Hooley (OR)
     Hoyer
     Inslee
     Israel
     Jackson (IL)
     Jackson-Lee (TX)
     Jefferson
     John
     Johnson, E. B.
     Jones (OH)
     Kanjorski
     Kaptur
     Kennedy (RI)
     Kilpatrick
     Kind
     Kleczka
     Kucinich
     Lampson
     Langevin
     Lantos
     Larsen (WA)
     Larson (CT)
     Leach
     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
     Pelosi
     Peterson (MN)
     Pomeroy
     Price (NC)
     Rahall
     Ramstad
     Rangel
     Reyes
     Rodriguez
     Ross
     Rothman
     Roybal-Allard
     Ruppersberger
     Rush
     Ryan (OH)
     Sabo
     Sanchez, Linda T.
     Sanders
     Sandlin
     Schakowsky
     Schiff
     Scott (GA)
     Scott (VA)
     Serrano
     Sherman
     Skelton
     Slaughter
     Smith (WA)
     Snyder
     Solis
     Spratt
     Stark
     Stenholm
     Strickland
     Stupak
     Tanner
     Tauscher
     Taylor (MS)
     Thompson (CA)
     Thompson (MS)
     Tierney
     Towns
     Turner (TX)
     Udall (CO)
     Udall (NM)
     Van Hollen
     Velazquez
     Visclosky
     Waters
     Watson
     Watt
     Waxman
     Weiner
     Wexler
     Woolsey
     Wu
     Wynn

                               NOES--223

     Aderholt
     Akin
     Bachus
     Baker
     Ballenger
     Barrett (SC)
     Bartlett (MD)
     Barton (TX)
     Bass
     Beauprez
     Bereuter
     Biggert
     Bilirakis
     Blackburn
     Blunt
     Boehlert
     Boehner
     Bonilla
     Bonner
     Bono
     Boozman
     Bradley (NH)
     Brady (TX)
     Brown (SC)
     Brown-Waite, Ginny
     Burgess
     Burns
     Burr
     Burton (IN)
     Buyer
     Calvert
     Camp
     Cannon
     Cantor
     Capito
     Carter
     Castle
     Chabot
     Chocola
     Coble
     Cole
     Collins
     Cox
     Crane
     Crenshaw
     Cubin
     Culberson
     Cunningham
     Davis, Jo Ann
     Davis, Tom
     Deal (GA)
     DeLay
     DeMint
     Diaz-Balart, L.
     Diaz-Balart, M.
     Dooley (CA)
     Doolittle
     Dreier
     Duncan
     Dunn
     Emerson
     English
     Everett
     Feeney
     Ferguson
     Flake
     Foley
     Forbes
     Franks (AZ)
     Frelinghuysen
     Gallegly
     Garrett (NJ)
     Gerlach
     Gilchrest
     Gillmor
     Gingrey
     Goode
     Goodlatte
     Granger
     Graves
     Green (WI)
     Greenwood
     Gutknecht
     Hall
     Harris
     Hart
     Hastings (WA)
     Hayes
     Hayworth
     Hefley
     Hensarling
     Herger
     Hobson
     Hoekstra
     Hostettler
     Houghton
     Hulshof
     Hunter
     Hyde
     Isakson
     Issa
     Istook
     Janklow
     Jenkins
     Johnson (CT)
     Johnson (IL)
     Johnson, Sam
     Jones (NC)
     Keller
     Kelly
     Kennedy (MN)
     Kildee
     King (IA)
     King (NY)
     Kingston
     Kirk
     Kline
     Knollenberg
     Kolbe
     LaHood
     Latham
     LaTourette
     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
     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)

                             NOT VOTING--12

     Cramer
     Ehlers
     Fletcher
     Fossella
     Gephardt
     Gibbons
     Goss
     Harman
     Millender-McDonald
     Owens
     Payne
     Sanchez, Loretta


                      Announcement by the Chairman

  The CHAIRMAN (during the vote). There are 2 minutes remaining on this 
vote.

                              {time}  1754

  So the amendment was rejected.
  The result of the vote was announced as above recorded.


                     Amendment Offered by Mr. Obey

  The CHAIRMAN. The pending business is the demand for a recorded vote 
on the amendment offered by the gentleman from Wisconsin (Mr. Obey) on 
which further proceedings were postponed and on which the noes 
prevailed by voice vote.
  The Clerk will redesignate the amendment.
  The Clerk redesignated the amendment.


                             Recorded Vote

  The CHAIRMAN. A recorded vote has been demanded.
  A recorded vote was ordered.
  The CHAIRMAN. This will be a 5-minute vote.
  The vote was taken by electronic device, and there were--ayes 210, 
noes 213, not voting 12, as follows:

                             [Roll No. 351]

                               AYES--210

     Abercrombie
     Ackerman
     Alexander
     Allen
     Andrews
     Baca
     Baird
     Baldwin
     Ballance
     Becerra
     Bell
     Berkley
     Berman
     Berry
     Bishop (GA)
     Bishop (NY)
     Blumenauer
     Boehlert
     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
     Doyle
     Edwards
     Emanuel
     Engel
     Eshoo
     Etheridge
     Evans
     Farr
     Fattah
     Filner
     Ford
     Frank (MA)
     Frost
     Gonzalez
     Gordon
     Green (TX)
     Grijalva
     Gutierrez
     Hastings (FL)
     Hill
     Hinchey
     Hinojosa
     Hoeffel
     Holden
     Holt
     Honda
     Hooley (OR)
     Hoyer
     Inslee
     Israel
     Jackson (IL)
     Jackson-Lee (TX)
     Jefferson
     John
     Johnson (IL)
     Johnson, E. B.
     Jones (OH)
     Kanjorski
     Kaptur
     Kelly
     Kennedy (RI)
     Kildee
     Kilpatrick
     Kind
     King (NY)
     Kleczka
     Kucinich
     Lampson
     Langevin
     Lantos
     Larsen (WA)
     Larson (CT)
     LaTourette
     Leach
     Lee
     Levin
     Lewis (GA)
     Lipinski
     LoBiondo
     Lofgren
     Lowey
     Lucas (KY)
     Lynch
     Majette
     Maloney
     Markey
     Marshall
     Matheson
     Matsui
     McCarthy (MO)
     McCarthy (NY)
     McCollum
     McDermott
     McGovern
     McHugh
     McIntyre
     McNulty
     Meehan
     Meek (FL)
     Meeks (NY)
     Menendez
     Michaud
     Miller (NC)
     Miller, George
     Mollohan
     Moore
     Moran (VA)
     Murtha
     Nadler
     Napolitano
     Neal (MA)
     Nussle
     Oberstar
     Obey
     Olver
     Ortiz
     Pallone
     Pascrell
     Pastor
     Pelosi
     Peterson (MN)
     Pomeroy
     Price (NC)
     Quinn
     Rahall
     Rangel
     Reyes
     Rodriguez
     Ross
     Rothman
     Roybal-Allard
     Ruppersberger
     Rush
     Ryan (OH)
     Sabo
     Sanchez, Linda T.
     Sanders
     Sandlin
     Saxton
     Schakowsky
     Schiff
     Scott (GA)
     Scott (VA)
     Serrano
     Sherman
     Skelton
     Slaughter
     Smith (NJ)
     Smith (WA)
     Snyder
     Solis
     Spratt
     Stark
     Strickland
     Stupak
     Sweeney
     Tanner
     Tauscher
     Taylor (MS)
     Thompson (CA)
     Thompson (MS)
     Tierney
     Towns
     Turner (TX)
     Udall (CO)
     Udall (NM)
     Upton
     Van Hollen
     Velazquez
     Visclosky
     Waters
     Watson
     Watt
     Waxman
     Weiner
     Wexler
     Woolsey
     Wu
     Wynn

                               NOES--213

     Aderholt
     Akin
     Bachus
     Baker
     Ballenger
     Barrett (SC)
     Bartlett (MD)
     Barton (TX)
     Bass
     Beauprez
     Bereuter
     Biggert
     Bilirakis
     Bishop (UT)
     Blackburn
     Blunt
     Boehner
     Bonilla
     Bonner
     Bono
     Boozman
     Bradley (NH)
     Brady (TX)
     Brown (SC)
     Brown-Waite, Ginny
     Burgess
     Burns
     Burr
     Burton (IN)
     Buyer
     Calvert
     Camp
     Cannon
     Cantor
     Capito
     Carter
     Castle
     Chabot
     Chocola
     Coble
     Cole
     Collins
     Cox
     Crane
     Crenshaw
     Cubin
     Culberson
     Cunningham
     Davis, Jo Ann
     Davis, Tom
     Deal (GA)
     DeLay
     DeMint
     Diaz-Balart, L.
     Diaz-Balart, M.
     Dooley (CA)

[[Page 17580]]


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

                             NOT VOTING--12

     Cramer
     Fletcher
     Fossella
     Gephardt
     Gibbons
     Goss
     Harman
     Houghton
     Millender-McDonald
     Owens
     Payne
     Sanchez, Loretta


                      Announcement by the Chairman

  The CHAIRMAN (during the vote). Members are advised that there are 2 
minutes left in this vote.

                              {time}  1808

  So the amendment was rejected.
  The result of the vote was announced as above recorded.


                          personal explanation

  Mr. OWENS. Mr. Chairman, because of an emergency in my district, I 
missed rollcall vote No. 346, No. 347, No. 348, No. 349, No. 350, No. 
351, No. 352 and No. 353. If present I would have voted ``nay'' on 
rollcall vote No. 352 and No. 353 and ``yea'' on rollcall vote No. 346, 
No. 347, No. 348, No. 349, No. 350 and No. 351.


             Amendment, as Modified, Offered by Mr. Toomey

  The CHAIRMAN. The pending business is the demand for a recorded vote 
on the amendment, as modified, offered by the gentleman from 
Pennsylvania (Mr. Toomey) on which further proceedings were postponed 
and on which the noes prevailed by voice vote.
  The Clerk will redesignate the amendment.
  The Clerk redesignated the amendment.


                             Recorded Vote

  The CHAIRMAN. A recorded vote has been demanded.
  A recorded vote was ordered.
  The CHAIRMAN. This will be a 5-minute vote.
  The vote was taken by electronic device, and there were--ayes 210, 
noes 212, answered ``present'' 1, not voting 11, as follows:

                             [Roll No. 352]

                               AYES--210

     Aderholt
     Akin
     Alexander
     Bachus
     Baker
     Ballenger
     Barrett (SC)
     Bartlett (MD)
     Barton (TX)
     Bass
     Beauprez
     Berry
     Biggert
     Bilirakis
     Bishop (UT)
     Blackburn
     Blunt
     Boehner
     Bonner
     Bono
     Boozman
     Boswell
     Boyd
     Bradley (NH)
     Brady (TX)
     Brown (SC)
     Brown-Waite, Ginny
     Burgess
     Burns
     Burr
     Burton (IN)
     Buyer
     Calvert
     Camp
     Cannon
     Cantor
     Capito
     Carson (OK)
     Carter
     Chabot
     Chocola
     Coble
     Cole
     Collins
     Costello
     Cox
     Crane
     Cubin
     Culberson
     Cunningham
     Davis (AL)
     Davis (TN)
     Davis, Jo Ann
     Deal (GA)
     DeLay
     DeMint
     Diaz-Balart, M.
     Doolittle
     Duncan
     Dunn
     Edwards
     Emerson
     Everett
     Feeney
     Ferguson
     Flake
     Foley
     Forbes
     Franks (AZ)
     Garrett (NJ)
     Gerlach
     Gingrey
     Goode
     Goodlatte
     Gordon
     Granger
     Graves
     Green (WI)
     Gutknecht
     Hall
     Harris
     Hart
     Hastings (WA)
     Hayes
     Hayworth
     Hefley
     Hensarling
     Herger
     Hill
     Hoekstra
     Holden
     Hostettler
     Hulshof
     Hunter
     Hyde
     Isakson
     Israel
     Istook
     Janklow
     Jefferson
     Jenkins
     John
     Johnson (IL)
     Johnson, Sam
     Jones (NC)
     Keller
     Kelly
     Kennedy (MN)
     King (IA)
     Kingston
     Kirk
     Kline
     LaHood
     Latham
     Lewis (KY)
     LoBiondo
     Lucas (KY)
     Lucas (OK)
     Manzullo
     Marshall
     Matheson
     McCotter
     McHugh
     McInnis
     McIntyre
     McKeon
     McNulty
     Mica
     Miller (FL)
     Miller, Gary
     Moore
     Moran (KS)
     Murphy
     Musgrave
     Myrick
     Nethercutt
     Neugebauer
     Ney
     Northup
     Norwood
     Nunes
     Nussle
     Osborne
     Otter
     Paul
     Pearce
     Pence
     Peterson (MN)
     Peterson (PA)
     Petri
     Pitts
     Platts
     Pombo
     Putnam
     Quinn
     Radanovich
     Ramstad
     Rehberg
     Renzi
     Reynolds
     Rogers (AL)
     Rogers (KY)
     Rohrabacher
     Ross
     Royce
     Ryan (WI)
     Ryun (KS)
     Sandlin
     Saxton
     Schrock
     Sensenbrenner
     Sessions
     Shadegg
     Shays
     Sherwood
     Shimkus
     Shuster
     Skelton
     Smith (MI)
     Smith (NJ)
     Smith (TX)
     Souder
     Stearns
     Stenholm
     Sullivan
     Tancredo
     Tanner
     Tauzin
     Taylor (MS)
     Taylor (NC)
     Terry
     Thornberry
     Tiahrt
     Toomey
     Turner (OH)
     Turner (TX)
     Udall (CO)
     Udall (NM)
     Upton
     Vitter
     Walsh
     Wamp
     Weldon (FL)
     Weldon (PA)
     Weller
     Whitfield
     Wicker
     Wolf
     Wynn
     Young (AK)

                               NOES--212

     Abercrombie
     Ackerman
     Allen
     Andrews
     Baca
     Baird
     Baldwin
     Ballance
     Becerra
     Bell
     Berkley
     Berman
     Bishop (GA)
     Bishop (NY)
     Blumenauer
     Boehlert
     Bonilla
     Boucher
     Brady (PA)
     Brown (OH)
     Brown, Corrine
     Capps
     Capuano
     Cardin
     Cardoza
     Carson (IN)
     Case
     Castle
     Clay
     Clyburn
     Conyers
     Cooper
     Crenshaw
     Crowley
     Cummings
     Davis (CA)
     Davis (FL)
     Davis (IL)
     Davis, Tom
     DeFazio
     DeGette
     Delahunt
     DeLauro
     Deutsch
     Diaz-Balart, L.
     Dicks
     Dingell
     Doggett
     Dooley (CA)
     Doyle
     Dreier
     Ehlers
     Emanuel
     Engel
     English
     Eshoo
     Etheridge
     Evans
     Farr
     Fattah
     Filner
     Ford
     Frank (MA)
     Frelinghuysen
     Frost
     Gallegly
     Gilchrest
     Gillmor
     Gonzalez
     Green (TX)
     Greenwood
     Grijalva
     Gutierrez
     Hastings (FL)
     Hinchey
     Hinojosa
     Hobson
     Hoeffel
     Holt
     Honda
     Hooley (OR)
     Houghton
     Hoyer
     Inslee
     Issa
     Jackson (IL)
     Jackson-Lee (TX)
     Johnson (CT)
     Johnson, E. B.
     Jones (OH)
     Kanjorski
     Kaptur
     Kennedy (RI)
     Kildee
     Kilpatrick
     Kind
     King (NY)
     Kleczka
     Knollenberg
     Kolbe
     Kucinich
     Lampson
     Langevin
     Lantos
     Larsen (WA)
     Larson (CT)
     LaTourette
     Leach
     Lee
     Levin
     Lewis (CA)
     Lewis (GA)
     Linder
     Lipinski
     Lofgren
     Lowey
     Lynch
     Majette
     Maloney
     Markey
     Matsui
     McCarthy (MO)
     McCarthy (NY)
     McCollum
     McCrery
     McDermott
     McGovern
     Meehan
     Meek (FL)
     Meeks (NY)
     Menendez
     Michaud
     Miller (MI)
     Miller (NC)
     Miller, George
     Mollohan
     Moran (VA)
     Murtha
     Nadler
     Napolitano
     Neal (MA)
     Oberstar
     Obey
     Olver
     Ortiz
     Ose
     Oxley
     Pallone
     Pascrell
     Pastor
     Pelosi
     Pickering
     Pomeroy
     Porter
     Portman
     Price (NC)
     Pryce (OH)
     Rahall
     Rangel
     Regula
     Reyes
     Rodriguez
     Rogers (MI)
     Ros-Lehtinen
     Rothman
     Roybal-Allard
     Ruppersberger
     Rush
     Ryan (OH)
     Sabo
     Sanchez, Linda T.
     Sanders
     Schakowsky
     Schiff
     Scott (GA)
     Scott (VA)
     Serrano
     Shaw
     Sherman
     Simmons
     Simpson
     Slaughter
     Smith (WA)
     Snyder
     Solis
     Spratt
     Stark
     Strickland
     Stupak
     Sweeney
     Tauscher
     Thomas
     Thompson (CA)
     Thompson (MS)
     Tiberi
     Tierney
     Towns
     Van Hollen
     Velazquez
     Visclosky
     Walden (OR)
     Waters
     Watson
     Watt
     Waxman
     Weiner
     Wexler
     Wilson (NM)
     Wilson (SC)
     Woolsey
     Wu
     Young (FL)

                        ANSWERED ``PRESENT''--1

       
     Bereuter
       

                             NOT VOTING--11

     Cramer
     Fletcher
     Fossella
     Gephardt
     Gibbons
     Goss
     Harman
     Millender-McDonald
     Owens
     Payne
     Sanchez, Loretta


                      Announcement by the Chairman

  The CHAIRMAN (during the vote). Members are advised there are 2 
minutes remaining in this vote.

                              {time}  1818

  Mr. LANGEVIN and Mr. OSE changed their vote from ``aye'' to ``no.''

[[Page 17581]]


  Mr. TAYLOR of North Carolina, Mrs. KELLY and Mr. McKEON changed their 
vote from ``no'' to ``aye.''
  So the amendment was rejected.
  The result of the vote was announced as above recorded.


                          personal explanation

  Mr. BEREUTER. Mr. Chairman, on the Toomey-Chocola Amendment, I voted 
present as I have a conflict of interest on research project 
RD01HD039789, a project of the National Institute of Child Health and 
Human Development through the Department of Fisheries and Wildlife at 
Michigan State University.
  The CHAIRMAN. The Clerk will read the last lines of the bill.
  The Clerk read as follows:
       This Act may be cited as the ``Departments of Labor, Health 
     and Human Services, and Education, and Related Agencies 
     Appropriations Act, 2004''.

  The CHAIRMAN. There being no further amendments in order, under the 
rule the Committee rises.
  Accordingly, the Committee rose; and the Speaker pro tempore (Mr. 
Thornberry) having assumed the chair, Mr. LaTourette, Chairman of the 
Committee of the Whole House on the State of the Union, reported that 
that Committee, having had under consideration 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, pursuant to House 
Resolution 312, he reported the bill back to the House with sundry 
amendments adopted by the Committee of the Whole.
  The SPEAKER pro tempore. Under the rule, the previous question is 
ordered.
  Is a separate vote demanded on any amendment? If not, the Chair will 
put them en gros.
  The amendments were agreed to.
  The SPEAKER pro tempore. The question is on engrossment and third 
reading of the bill.
  The bill was ordered to be engrossed and read a third time, and was 
read the third time.
  The SPEAKER pro tempore. The question is on the passage of the bill.
  Under clause 10 of rule XX, the yeas and nays are ordered.
  The vote was taken by electronic device, and there were--yeas 215, 
nays 208, not voting 12, as follows:

                             [Roll No. 353]

                               YEAS--215

     Aderholt
     Akin
     Bachus
     Baker
     Ballenger
     Barrett (SC)
     Bartlett (MD)
     Barton (TX)
     Bass
     Beauprez
     Bereuter
     Biggert
     Bilirakis
     Bishop (UT)
     Blackburn
     Blunt
     Boehlert
     Boehner
     Bonilla
     Bonner
     Bono
     Boozman
     Bradley (NH)
     Brady (TX)
     Brown (SC)
     Brown-Waite, Ginny
     Burgess
     Burns
     Burr
     Burton (IN)
     Buyer
     Calvert
     Camp
     Cannon
     Cantor
     Capito
     Carter
     Castle
     Chabot
     Chocola
     Coble
     Cole
     Collins
     Cox
     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
     Foley
     Forbes
     Frelinghuysen
     Gallegly
     Garrett (NJ)
     Gerlach
     Gilchrest
     Gillmor
     Gingrey
     Goode
     Goodlatte
     Granger
     Graves
     Green (WI)
     Greenwood
     Gutknecht
     Harris
     Hart
     Hastert
     Hastings (WA)
     Hayes
     Hayworth
     Hensarling
     Herger
     Hobson
     Hoekstra
     Houghton
     Hulshof
     Hunter
     Hyde
     Isakson
     Issa
     Istook
     Jenkins
     Johnson (CT)
     Johnson (IL)
     Johnson, Sam
     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
     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
     Turner (OH)
     Upton
     Vitter
     Walden (OR)
     Walsh
     Wamp
     Weldon (FL)
     Weldon (PA)
     Weller
     Whitfield
     Wicker
     Wilson (SC)
     Wolf
     Young (AK)
     Young (FL)

                               NAYS--208

     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
     Crane
     Crowley
     Cummings
     Davis (AL)
     Davis (CA)
     Davis (FL)
     Davis (IL)
     Davis (TN)
     DeFazio
     DeGette
     Delahunt
     DeLauro
     Deutsch
     Dicks
     Dingell
     Doggett
     Dooley (CA)
     Doyle
     Edwards
     Emanuel
     Engel
     Eshoo
     Etheridge
     Evans
     Farr
     Fattah
     Filner
     Flake
     Ford
     Frank (MA)
     Franks (AZ)
     Frost
     Gonzalez
     Gordon
     Green (TX)
     Grijalva
     Gutierrez
     Hall
     Hastings (FL)
     Hefley
     Hill
     Hinchey
     Hinojosa
     Hoeffel
     Holden
     Holt
     Honda
     Hooley (OR)
     Hostettler
     Hoyer
     Inslee
     Israel
     Jackson (IL)
     Jackson-Lee (TX)
     Jefferson
     John
     Johnson, E. B.
     Jones (NC)
     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
     Paul
     Pelosi
     Peterson (MN)
     Pomeroy
     Price (NC)
     Rahall
     Rangel
     Reyes
     Rodriguez
     Ross
     Rothman
     Roybal-Allard
     Ruppersberger
     Rush
     Ryan (OH)
     Sabo
     Sanchez, Linda T.
     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
     Toomey
     Towns
     Turner (TX)
     Udall (CO)
     Udall (NM)
     Van Hollen
     Velazquez
     Visclosky
     Waters
     Watson
     Watt
     Waxman
     Weiner
     Wexler
     Wilson (NM)
     Woolsey
     Wu
     Wynn

                             NOT VOTING--12

     Cramer
     Fletcher
     Fossella
     Gephardt
     Gibbons
     Goss
     Harman
     Janklow
     Millender-McDonald
     Owens
     Payne
     Sanchez, Loretta


                Announcement by the Speaker Pro Tempore

  The SPEAKER pro tempore (Mr. Thornberry) (during the vote). Two 
minutes remain in this vote.

                              {time}  1836

  So the bill was passed.
  The result of the vote was announced as above recorded.
  A motion to reconsider was laid on the table.
  Stated for:
  Mr. FLETCHER. Mr. Speaker, on Thursday, July 10, 2003, I was 
unavoidably detained due to weather grounding my commercial flight. Had 
I been present for rollcall vote No. 353 I would have voted the 
following way: Rollcall vote No. 353, Final passage of H.R. 2660--
``yea.''

                          ____________________