I 
108TH CONGRESS 
1ST SESSION H. R. 2618
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. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 26, 2003
Mr. OBEY introduced the following bill; which was referred to the Committee 
on Appropriations 
A BILL 
Making appropriations for the Departments of Labor, Health 
and Human Services, and Education, and related agen-
cies for the fiscal year ending September 30, 2004, and 
for other purposes.
Be it enacted by the Senate and House of Representa-
tives 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 
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 pur-
suant 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 construc-
tion, 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 mi-
grant 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 fund-
ing for permanent housing: Provided further, That not-
withstanding 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 demonstra-
tion 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: Pro-
vided further, That notwithstanding any other provision of 
law, funds awarded under a grant issued by the Depart-
ment 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 per-
sonnel.
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 con-
struction, rehabilitation, and acquisition of Job Corps cen-
ters. 
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 reloca-
tion, 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 serv-
ices 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 em-
ployment 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 Immigra-
tion 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 obli-
gation 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 ac-
tivities under the Act of June 6, 1933, as amended, in-
cluding 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 Secu-
rity 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 agree-
ments 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 alloca-
tion 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 Sep-
tember 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 train-
ing programs, $115,824,000, including $2,393,000 to ad-
minister welfare-to-work grants, together with not to ex-
ceed $56,503,000, which may be expended from the Em-
ployment Security Administration Account in the Unem-
ployment 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 author-
ized to make such expenditures, including financial assist-
ance 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 Govern-
ment 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: Pro-
vided, 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: Pro-
vided further, That obligations in excess of such amount 
may be incurred after approval by the Office of Manage-
ment 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 Stand-
ards Administration, including reimbursement to State, 
Federal, and local agencies and their employees for inspec-
tion 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: Pro-
vided, That $1,250,000 shall be for the development of 
an alternative system for the electronic submission of re-
ports 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 sub-
mission 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, re-
tain, and spend, until expended, in the name of the De-
partment 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 fur-
ther, That the Secretary of Labor is authorized to estab-
lish 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 ex-
penses (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 ben-
efits as provided for under the heading ‘‘Civilian War Ben-
efits’’ in the Federal Security Agency Appropriation Act, 
1947; the Employees’ Compensation Commission Appro-
priation Act, 1944; sections 4(c) and 5(f) of the War 
Claims Act of 1948 (50 U.S.C. App. 2012); and 50 per-
cent 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 subse-
quent 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 re-
imbursements unobligated on September 30, 2002, shall 
remain available until expended for the payment of com-
pensation, 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 ad-
ministration 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 auto-
mated data processing systems and telecommunications 
systems, $11,618,000; (2) for automated workload proc-
essing operations, including document imaging, central-
ized 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 fur-
ther, That the Secretary may require that any person fil-
ing 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 identi-
fying information (including Social Security account num-
ber) 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: Pro-
vided, That the Secretary of Labor is authorized to trans-
fer to any executive agency with authority under the En-
ergy 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 re-
quire that any person filing a claim for benefits under the 
Act provide as part of such claim, such identifying infor-
mation (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 pay-
ment 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 sec-
tion 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 De-
partmental 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, notwith-
standing 31 U.S.C. 3302, the Occupational Safety and 
Health Administration may retain up to $750,000 per fis-
cal 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 edu-
cation grants: Provided, That, notwithstanding 31 U.S.C. 
3302, the Secretary of Labor is authorized, during the fis-
cal year ending September 30, 2004, to collect and retain 
fees for services provided to Nationally Recognized Test-
ing Laboratories, and may utilize such sums, in accord-
ance with the provisions of 29 U.S.C. 9a, to administer 
national and international laboratory recognition pro-
grams 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 tem-
porary 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 Stand-
ard 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, con-
sultation, technical assistance, educational and train-
ing services, and to conduct surveys and studies;
(2) to conduct an inspection or investigation in 
response to an employee complaint, to issue a cita-
tion for violations found during such inspection, and
to assess a penalty for violations which are not cor-
rected 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 re-
sults in hospitalization of two or more employees, 
and to take any action pursuant to such investiga-
tion 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 em-
ploys 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 activi-
ties for the period of September 30, 2004 to September
30, 2005, provided that a grantee has demonstrated satis-
factory 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 pas-
senger motor vehicles; including up to $1,000,000 for 
mine rescue and recovery activities, which shall be avail-
able 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 col-
lected for the approval and certification of equipment, ma-
terials, 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 contribu-
tions from public and private sources and to prosecute 
projects in cooperation with other agencies, Federal,
State, or private; the Mine Safety and Health Administra-
tion 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 Sta-
tistics, including advances or reimbursements to State, 
Federal, and local agencies and their employees for serv-
ices rendered, $442,547,000, together with not to exceed 
$75,110,000, which may be expended from the Employ-
ment Security Administration Account in the Unemploy-
ment Trust Fund; and $2,570,000 which shall be available 
for obligation for the period July 1, 2004 through Sep-
tember 30, 2004, for Occupational Employment Statistics, 
and $5,400,000 to be used to fund the mass layoff statis-
tics 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 Manage-
ment, including the hire of three sedans, and including 
the management or operation, through contracts, grants 
or other arrangements of Departmental activities con-
ducted by or through the Bureau of International Labor 
Affairs, including bilateral and multilateral technical as-
sistance and other international labor activities, of which 
the funds designated to carry out bilateral assistance 
under the international child labor initiative shall be avail-
able for obligation through September 30, 2005, and 
$48,565,000, for the acquisition of Departmental informa-
tion technology, architecture, infrastructure, equipment, 
software and related needs which will be allocated by the 
Department’s Chief Information Officer in accordance 
with the Department’s capital investment management 
process 
to 
assure 
a 
sound 
investment 
strategy;
$387,801,000; together with not to exceed $317,000, 
which may be expended from the Employment Security 
Administration Account in the Unemployment Trust 
Fund: Provided, That no funds made available by this Act 
may be used by the Solicitor of Labor to participate in 
a review in any United States court of appeals of any deci-
sion 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 Direc-
tor, Office of Workers’ Compensation Programs v. New-
port News Shipbuilding, 115 S. Ct. 1278 (1995), notwith-
standing 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 Bene-
fits 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 Un-
employment 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 obli-
gation 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 avail-
able 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 im-
plementation 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 discre-
tionary 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 be-
tween 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 ad-
vance 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 ex-
pended 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 oper-
ating the National Practitioner Data Bank, and shall re-
main available until expended to carry out that Act: Pro-
vided 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 avail-
able 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, not-
withstanding 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 pur-
suant to section 501(a)(2) of such Act: Provided further, 
That $65,000,000 is available for special projects of re-
gional and national significance under section 501(a)(2) 
of the Social Security Act, which shall not be counted to-
ward 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 adoles-
cents and for evaluations (including longitudinal evalua-
tions) 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 ab-
stinence 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 ex-
pressly 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 dif-
ferent 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 pur-
pose of the program, as authorized by title VII of the Pub-
lic Health Service Act, as amended. For administrative ex-
penses to carry out the guaranteed loan program, includ-
ing 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 sec-
tion 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 con-
struction and renovation of facilities, and of which 
$293,763,000 for international HIV/AIDS shall remain 
available until September 30, 2005, including not less 
than $150,000,000, to remain available until expended, 
for the ‘‘International Mother and Child HIV Prevention 
Initiative’’, and in addition, such sums as may be derived 
from authorized user fees, which shall be credited to this 
account: Provided, That in addition to amounts provided 
herein, $13,226,000 shall be available from amounts avail-
able under section 241 of the Public Health Service Act 
to carry out the National Center for Health Statistics sur-
veys: Provided further, That none of the funds made avail-
able 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 fur-
ther, 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 Direc-
tor 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 ap-
propriated 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 con-
struction of a replacement laboratory in the Fort Collins, 
Colorado area: Provided further, That notwithstanding any 
other provision of law, a single contract or related con-
tracts for development and construction of facilities may 
be employed which collectively include the full scope of the 
project: Provided further, That the solicitation and con-
tract 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 Pub-
lic 
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 Pub-
lic 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 Pub-
lic 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 Pub-
lic Health Service Act with respect to diabetes and diges-
tive and kidney disease, $1,701,959,000. 
NATIONAL INSTITUTE OF NEUROLOGICAL DISORDERS 
AND STROKE 
For carrying out section 301 and title IV of the Pub-
lic Health Service Act with respect to neurological dis-
orders 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 Pub-
lic Health Service Act with respect to allergy and infec-
tious 
diseases, 
$4,340,707,000: 
Provided, 
That 
$100,000,000 may be made available to International As-
sistance Programs, ‘‘Global Fund to Fight HIV/AIDS, 
Malaria, and Tuberculosis’’, to remain available until ex-
pended. 
NATIONAL INSTITUTE OF GENERAL MEDICAL SCIENCES 
For carrying out section 301 and title IV of the Pub-
lic 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 Pub-
lic 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 Pub-
lic 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 environ-
mental health sciences, $644,229,000. 
NATIONAL INSTITUTE ON AGING 
For carrying out section 301 and title IV of the Pub-
lic 
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 Pub-
lic Health Service Act with respect to arthritis and mus-
culoskeletal and skin diseases, $509,879,000. 
NATIONAL INSTITUTE ON DEAFNESS AND OTHER 
COMMUNICATION DISORDERS 
For carrying out section 301 and title IV of the Pub-
lic 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 Pub-
lic 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 Pub-
lic 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 Pub-
lic 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 Pub-
lic 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 Pub-
lic Health Service Act with respect to human genome re-
search, $487,698,000. 
NATIONAL INSTITUTE OF BIOMEDICAL IMAGING AND 
BIOENGINEERING 
For carrying out section 301 and title IV of the Pub-
lic 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 Pub-
lic 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 Pub-
lic 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 Pub-
lic 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 Pub-
lic 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 informa-
tion systems: Provided, That in fiscal year 2004, the Li-
brary may enter into personal services contracts for the 
provision of services in facilities owned, operated, or con-
structed 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 replace-
ment 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 ap-
propriations to activities the Director may so designate: 
Provided further, That no such appropriation shall be de-
creased by more than 1 percent by any such transfers and 
that the Congress is promptly notified of the transfer: Pro-
vided 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 Manage-
ment 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 ex-
pended. 
SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES 
ADMINISTRATION 
SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES 
For carrying out titles V and XIX of the Public 
Health Service Act with respect to substance abuse and 
mental health services, the Protection and Advocacy for 
Mentally Ill Individuals Act of 1986, and section 301 of 
the Public Health Service Act with respect to program 
management, $3,375,400,000: Provided, That in addition 
to amounts provided herein, $16,000,000 shall be made 
available from amounts available under section 241 of the 
Public Health Service Act to carry out national surveys 
on drug abuse. 
AGENCY FOR HEALTHCARE RESEARCH AND QUALITY 
HEALTHCARE RESEARCH AND QUALITY 
For carrying out titles III and IX of the Public 
Health Service Act, and part A of title XI of the Social 
Security Act, amounts received from Freedom of Informa-
tion 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, in-
curred for the current fiscal year, such sums as may be 
necessary. 
For making payments to States or in the case of sec-
tion 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 quar-
ter 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 Secu-
rity 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 Sup-
plementary 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 admin-
istrative fees collected relative to Medicare overpayment 
recovery activities, which shall remain available until ex-
pended: 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 cred-
ited to and available for carrying out the purposes of this
appropriation: Provided further, That $65,000,000, to re-
main 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 Sep-
tember 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 proc-
essing Medicare appeals: Provided further, That the Sec-
retary of Health and Human Services is directed to collect 
fees in fiscal year 2004 from Medicare∂Choice organiza-
tions pursuant to section 1857(e)(2) of the Social Security 
Act and from eligible organizations with risk-sharing con-
tracts 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 re-
ceived 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.