In the Senate of the United States,
September 10, 2003.
Resolved, That the bill from the House of Representa-
tives (H.R. 2660) entitled ‘‘An Act 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.’’, do pass with
the following
AMENDMENT:
Strike out all after the enacting clause and insert:
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:
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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 build-
ings and other facilities, and the purchase of real property
for training centers as authorized by the Workforce Invest-
ment Act of 1998; $2,652,588,000 plus reimbursements, of
which $1,631,407,000 is available for obligation for the pe-
riod July 1, 2004 through June 30, 2005; of which
$1,000,965,000 is available for obligation for the period
April 1, 2004 through June 30, 2005, to carry out chapter
4 of the Workforce Investment Act of 1998; and of which
$20,216,000 is available for the period July 1, 2004 through
June 30, 2007 for necessary expenses of construction, reha-
bilitation, and acquisition of Job Corps centers: Provided,
That notwithstanding any other provision of law, of the
funds provided herein under section 137(c) of the Workforce
Investment Act of 1998, $276,608,000 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 $9,039,000
shall be for carrying out section 172 of the Workforce Invest-
ment Act of 1998: Provided further, That, notwithstanding
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any other provision of law or related regulation,
$77,330,000 shall be for carrying out section 167 of the
Workforce Investment Act of 1998, including $72,213,000
for formula grants, $4,610,000 for migrant and seasonal
housing, and $507,000 for other discretionary purposes:
Provided further, That $4,609,840 appropriated under this
heading in Public Law 108–7 for migrant and seasonal
housing under section 167 of the Workforce Investment Act
of 1998 and available for obligation for the period July 1,
2003 through June 30, 2004 is hereby rescinded: Provided
further, That $4,609,840 is available for obligation for the
period July 1, 2003 through June 30, 2004, for farmworker
housing organizations with grants expiring June 30, 2003
to carry out migrant and seasonal housing activities, in-
cluding permanent housing at the option of grantees, under
section 167 of the Workforce Investment Act of 1998: Pro-
vided further, That funds provided to carry out section
171(d) of the Workforce Investment Act of 1998 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.
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 build-
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ings and other facilities, and the purchase of real property
for training centers as authorized by the Workforce Invest-
ment Act of 1998; $2,463,000,000 plus reimbursements, of
which $2,363,000,000 is available for obligation for the pe-
riod 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 construc-
tion, rehabilitation, and acquisition of Job Corps centers.
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 build-
ings and other facilities, and the purchase of real property
for training centers as authorized by the Workforce Invest-
ment Act of 1998, $25,000,000 may be used to carry out
activities described in section 132(a)(2)(B) of that Act (re-
lating to dislocated worker employment and training ac-
tivities and other activities for dislocated workers).
COMMUNITY SERVICE EMPLOYMENT FOR OLDER AMERICANS
To carry out title V of the Older Americans Act of
1965, as amended, $442,306,000.
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 of
chapter 2, title II of the Trade Act of 1974 (including the
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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 $3,478,032,000 (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 Ad-
ministration Account in the Unemployment Trust Fund in-
cluding the cost of administering section 51 of the Internal
Revenue Code of 1986, as amended, section 7(d) of the Wag-
ner-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 nec-
essary 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 auto-
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mation 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 avail-
able 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 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 So-
cial Security Act, may be used by the States to fund inte-
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grated Employment Service and Unemployment Insurance
automation efforts, notwithstanding cost allocation prin-
ciples 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 So-
cial Security Act, as amended, and to the Black Lung Dis-
ability 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 allow-
ances’’ 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 train-
ing programs, $115,824,000, including $2,393,000 to ad-
minister welfare-to-work grants, together with not to exceed
$63,137,000, which may be expended from the Employment