IB 
Union Calendar No. 97
108TH CONGRESS 
1ST SESSION H. R. 2660
[Report No. 108–188] 
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 
JULY 8, 2003
Mr. REGULA, from the Committee on Appropriations, reported the following 
bill; which was committed to the Committee of the Whole House on the 
State of the Union and ordered to be printed 
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
HR 2660 RH 
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
HR 2660 RH 
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 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
HR 2660 RH 
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
HR 2660 RH 
(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
HR 2660 RH 
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
HR 2660 RH 
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-
HR 2660 RH 
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 Employee Benefits 
Security 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-
HR 2660 RH 
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-
HR 2660 RH 
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-
HR 2660 RH 
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 auto-
mated data processing systems and telecommunications 
systems, $11,618,000; (2) for automated workload proc-
essing operations including document imaging, centralized 
mail intake and medical bill processing, $14,496,000; (3)
HR 2660 RH 
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 
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,
HR 2660 RH 
$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, includ-
ing within the Department of Labor, such sums as may 
be necessary in fiscal year 2004 to carry out those authori-
ties: Provided further, That the Secretary may require that 
any person filing a claim for benefits under the Act pro-
vide as part of such claim, such identifying information 
(including Social Security account number) as may be pre-
scribed. 
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,
HR 2660 RH 
‘‘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, $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, 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-
HR 2660 RH 
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;
HR 2660 RH 
(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: Pro-
vided further, That the foregoing proviso shall not 
apply to any person who is engaged in a farming op-
eration which does not maintain a temporary labor 
camp and employs 10 or fewer employees.
HR 2660 RH 
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 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
HR 2660 RH 
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, $437,152,000, 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. 
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.
HR 2660 RH 
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