    [Congressional Bills 108th Congress]
    [From the U.S. Government Publishing Office]
    [H.R. 2673 Enrolled Bill (ENR)]

            H.R.2673

                           One Hundred Eighth Congress

                                     of the

                            United States of America

                              AT THE FIRST SESSION

              Begun and held at the City of Washington on Tuesday,
               the seventh day of January, two thousand and three

                                     An Act

    Making appropriations for Agriculture, Rural Development, Food and Drug
        Administration, and Related Agencies for the fiscal year ending
                   September 30, 2004, and for other purposes.

        Be it enacted by the Senate and House of Representatives of the
    United States of America in Congress assembled,

    SECTION 1. SHORT TITLE.

        This Act may be cited as the ``Consolidated Appropriations Act,
    2004''.

    SEC. 2. TABLE OF CONTENTS.

        The table of contents for this Act is as follows:
    Sec. 1. Short title.
    Sec. 2. Table of contents.
    Sec. 3. References.

           DIVISION A--AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG
       ADMINISTRATION, AND RELATED AGENCIES PROGRAMS APPROPRIATIONS, 2004

    Title I--Agricultural Programs
    Title II--Conservation Programs
    Title III--Rural Development Programs
    Title IV--Domestic Food Programs
    Title V--Foreign Assistance and Related Programs
    Title VI--Related Agencies and Food and Drug Administration
    Title VII--General Provisions

      DIVISION B--COMMERCE, JUSTICE, AND STATE, THE JUDICIARY, AND RELATED
                          AGENCIES APPROPRIATIONS, 2004

    Title I--Department of Justice
    Title II--Department of Commerce and Related Agencies
    Title III--The Judiciary
    Title IV--Department of State and Related Agency
    Title V--Related Agencies
    Title VI--General Provisions
    Title VII--Rescissions
    Title VIII--Alaskan Fisheries

              DIVISION C--DISTRICT OF COLUMBIA APPROPRIATIONS, 2004

    Title I--Federal Funds
    Title II--District of Columbia Funds
    Title III--DC School Choice Incentive Act of 2003
    Title IV--General Provisions

     DIVISION D--FOREIGN OPERATIONS, EXPORT FINANCING, AND RELATED PROGRAMS
                              APPROPRIATIONS, 2004

    Title I--Export and Investment Assistance
    Title II--Bilateral Economic Assistance
    Title III--Military Assistance
    Title IV--Multilateral Economic Assistance
    Title V--General Provisions
    Title VI--Millennium Challenge Act of 2003

    DIVISION E--LABOR, HEALTH AND HUMAN SERVICES, AND EDUCATION, AND RELATED
                          AGENCIES APPROPRIATIONS, 2004

    Title I--Department of Labor
    Title II--Department of Health and Human Services
    Title III--Department of Education
    Title IV--Related Agencies
    Title V--General Provisions

         DIVISION F--TRANSPORTATION, TREASURY, AND INDEPENDENT AGENCIES
                              APPROPRIATIONS, 2004

    Title I--Department of Transportation
    Title II--Department of the Treasury
    Title III--Executive Office of the President and Funds Appropriated to
              the President
    Title IV--Independent Agencies
    Title V--General Provisions
    Title VI--General Provisions--Departments, Agencies, and Corporations

      DIVISION G--VETERANS AFFAIRS AND HOUSING AND URBAN DEVELOPMENT, AND
                    INDEPENDENT AGENCIES APPROPRIATIONS, 2004

    Title I--Department of Veterans Affairs
    Title II--Department of Housing and Urban Development
    Title III--Independent Agencies
    Title IV--General Provisions
    Title V--Pesticide Products and Fees

              DIVISION H--MISCELLANEOUS APPROPRIATIONS AND OFFSETS

    SEC. 3. REFERENCES.

        Except as expressly provided otherwise, any reference to ``this
    Act'' contained in any division of this Act shall be treated as
    referring only to the provisions of that division.

           DIVISION A--AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG
         ADMINISTRATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2004

                                     An Act

    Making appropriations for Agriculture, Rural Development, Food and Drug
        Administration, and Related Agencies for the fiscal year ending
                   September 30, 2004, and for other purposes.

    That the following sums are appropriated, out of any money in the
    Treasury not otherwise appropriated, for Agriculture, Rural
    Development, Food and Drug Administration, and Related Agencies
    programs for the fiscal year ending September 30, 2004, and for other
    purposes, namely:

                                    TITLE I

                             AGRICULTURAL PROGRAMS

                     Production, Processing, and Marketing

                            Office of the Secretary

        For necessary expenses of the Office of the Secretary of
    Agriculture, $5,092,000: Provided, That not to exceed $11,000 of this
    amount shall be available for official reception and representation
    expenses, not otherwise provided for, as determined by the Secretary.

                              Executive Operations

                                 chief economist

        For necessary expenses of the Chief Economist, including economic
    analysis, risk assessment, cost-benefit analysis, energy and new uses,
    and the functions of the World Agricultural Outlook Board, as
    authorized by the Agricultural Marketing Act of 1946 (7 U.S.C. 1622g),
    $8,707,000.

                            national appeals division

        For necessary expenses of the National Appeals Division,
    $13,670,000.

                      Office of Budget and Program Analysis

        For necessary expenses of the Office of Budget and Program
    Analysis, $7,740,000.

                             Homeland Security Staff

        For necessary expenses of the Homeland Security Staff, $499,000.

                    Office of the Chief Information Officer

        For necessary expenses of the Office of the Chief Information
    Officer, $15,493,000.

                           Common Computing Environment

        For necessary expenses to acquire a Common Computing Environment
    for the Natural Resources Conservation Service, the Farm and Foreign
    Agricultural Service and Rural Development mission areas for
    information technology, systems, and services, $119,289,000, to remain
    available until expended, for the capital asset acquisition of shared
    information technology systems, including services as authorized by 7
    U.S.C. 6915-16 and 40 U.S.C. 1421-28: Provided, That obligation of
    these funds shall be consistent with the Department of Agriculture
    Service Center Modernization Plan of the county-based agencies, and
    shall be with the concurrence of the Department's Chief Information
    Officer.

                     Office of the Chief Financial Officer

        For necessary expenses of the Office of the Chief Financial
    Officer, $5,684,000: Provided, That the Chief Financial Officer shall
    actively market and expand cross-servicing activities of the National
    Finance Center: Provided further, That no funds made available by this
    appropriation may be obligated for FAIR Act or Circular A-76 activities
    until the Secretary has submitted to the Committees on Appropriations
    of both Houses of Congress a report on the Department's contracting out
    policies, including agency budgets for contracting out.

               Office of the Assistant Secretary for Civil Rights

        For necessary salaries and expenses of the Office of the Assistant
    Secretary for Civil Rights, $808,000.

                             Office of Civil Rights

        For necessary expenses of the Office of Civil Rights, $17,450,000.

              Office of the Assistant Secretary for Administration

        For necessary salaries and expenses of the Office of the Assistant
    Secretary for Administration, $673,000.

            Agriculture Buildings and Facilities and Rental Payments

                          (including transfers of funds)

        For payment of space rental and related costs pursuant to Public
    Law 92-313, including authorities pursuant to the 1984 delegation of
    authority from the Administrator of General Services to the Department
    of Agriculture under 40 U.S.C. 486, for programs and activities of the
    Department which are included in this Act, and for alterations and
    other actions needed for the Department and its agencies to consolidate
    unneeded space into configurations suitable for release to the
    Administrator of General Services, and for the operation, maintenance,
    improvement, and repair of Agriculture buildings and facilities, and
    for related costs, as follows: for payments to the General Services
    Administration, $123,910,000, and for buildings operations and
    maintenance, $32,559,000, to remain available until expended: Provided,
    That not to exceed 5 percent of amounts which are made available for
    space rental and related costs for the Department of Agriculture in
    this Act may be transferred between such appropriations to cover the
    costs of new or replacement space 15 days after notice thereof is
    transmitted to the Appropriations Committees of both Houses of
    Congress.

                         Hazardous Materials Management

                          (including transfers of funds)

        For necessary expenses of the Department of Agriculture, to comply
    with the Comprehensive Environmental Response, Compensation, and
    Liability Act (42 U.S.C. 9601 et seq.) and the Resource Conservation
    and Recovery Act (42 U.S.C. 6901 et seq.), $15,611,000, to remain
    available until expended: Provided, That appropriations and funds
    available herein to the Department for Hazardous Materials Management
    may be transferred to any agency of the Department for its use in
    meeting all requirements pursuant to the above Acts on Federal and non-
    Federal lands.

                          Departmental Administration

                          (including transfers of funds)

        For Departmental Administration, $23,031,000, to provide for
    necessary expenses for management support services to offices of the
    Department and for general administration, security, repairs and
    alterations, and other miscellaneous supplies and expenses not
    otherwise provided for and necessary for the practical and efficient
    work of the Department: Provided, That this appropriation shall be
    reimbursed from applicable appropriations in this Act for travel
    expenses incident to the holding of hearings as required by 5 U.S.C.
    551-558.

         Office of the Assistant Secretary for Congressional Relations

                          (including transfers of funds)

        For necessary salaries and expenses of the Office of the Assistant
    Secretary for Congressional Relations to carry out the programs funded
    by this Act, including programs involving intergovernmental affairs and
    liaison within the executive branch, $3,796,000: Provided, That these
    funds may be transferred to agencies of the Department of Agriculture
    funded by this Act to maintain personnel at the agency level: Provided
    further, That no funds made available by this appropriation may be
    obligated after 30 days from the date of enactment of this Act, unless
    the Secretary has notified the Committees on Appropriations of both
    Houses of Congress on the allocation of these funds by USDA agency:
    Provided further, That no other funds appropriated to the Department by
    this Act shall be available to the Department for support of activities
    of congressional relations.

                            Office of Communications

        For necessary expenses to carry out services relating to the
    coordination of programs involving public affairs, for the
    dissemination of agricultural information, and the coordination of
    information, work, and programs authorized by Congress in the
    Department, $9,228,000: Provided, That not to exceed $2,000,000 may be
    used for farmers' bulletins.

                        Office of the Inspector General

        For necessary expenses of the Office of the Inspector General,
    including employment pursuant to the Inspector General Act of 1978,
    $77,281,000, including such sums as may be necessary for contracting
    and other arrangements with public agencies and private persons
    pursuant to section 6(a)(9) of the Inspector General Act of 1978, and
    including not to exceed $125,000 for certain confidential operational
    expenses, including the payment of informants, to be expended under the
    direction of the Inspector General pursuant to Public Law 95-452 and
    section 1337 of Public Law 97-98.

                         Office of the General Counsel

        For necessary expenses of the Office of the General Counsel,
    $34,700,000.

      Office of the Under Secretary for Research, Education and Economics

        For necessary salaries and expenses of the Office of the Under
    Secretary for Research, Education and Economics to administer the laws
    enacted by the Congress for the Economic Research Service, the National
    Agricultural Statistics Service, the Agricultural Research Service, and
    the Cooperative State Research, Education, and Extension Service,
    $596,000.

                           Economic Research Service

        For necessary expenses of the Economic Research Service in
    conducting economic research and analysis, as authorized by the
    Agricultural Marketing Act of 1946 (7 U.S.C. 1621-1627) and other laws,
    $71,402,000.

                    National Agricultural Statistics Service

        For necessary expenses of the National Agricultural Statistics
    Service in conducting statistical reporting and service work, including
    crop and livestock estimates, statistical coordination and
    improvements, marketing surveys, and the Census of Agriculture, as
    authorized by 7 U.S.C. 1621-1627 and 2204g, and other laws,
    $128,922,000, of which up to $25,279,000 shall be available until
    expended for the Census of Agriculture.

                         Agricultural Research Service

                              Salaries and Expenses

        For necessary expenses to enable the Agricultural Research Service
    to perform agricultural research and demonstration relating to
    production, utilization, marketing, and distribution (not otherwise
    provided for); home economics or nutrition and consumer use including
    the acquisition, preservation, and dissemination of agricultural
    information; and for acquisition of lands by donation, exchange, or
    purchase at a nominal cost not to exceed $100, and for land exchanges
    where the lands exchanged shall be of equal value or shall be equalized
    by a payment of money to the grantor which shall not exceed 25 percent
    of the total value of the land or interests transferred out of Federal
    ownership, $1,088,892,000: Provided, That appropriations hereunder
    shall be available for the operation and maintenance of aircraft and
    the purchase of not to exceed one for replacement only: Provided
    further, That appropriations hereunder shall be available pursuant to 7
    U.S.C. 2250 for the construction, alteration, and repair of buildings
    and improvements, but unless otherwise provided, the cost of
    constructing any one building shall not exceed $375,000, except for
    headhouses or greenhouses which shall each be limited to $1,200,000,
    and except for 10 buildings to be constructed or improved at a cost not
    to exceed $750,000 each, and the cost of altering any one building
    during the fiscal year shall not exceed 10 percent of the current
    replacement value of the building or $375,000, whichever is greater:
    Provided further, That the limitations on alterations contained in this
    Act shall not apply to modernization or replacement of existing
    facilities at Beltsville, Maryland: Provided further, That
    appropriations hereunder shall be available for granting easements at
    the Beltsville Agricultural Research Center: Provided further, That the
    foregoing limitations shall not apply to replacement of buildings
    needed to carry out the Act of April 24, 1948 (21 U.S.C. 113a):
    Provided further, That funds may be received from any State, other
    political subdivision, organization, or individual for the purpose of
    establishing or operating any research facility or research project of
    the Agricultural Research Service, as authorized by law: Provided
    further, That all rights and title of the United States in the 1.0664-
    acre parcel of land including improvements, as recorded at Book 1320,
    Page 253, records of Larimer County, State of Colorado, shall be
    conveyed to the Board of Governors of the Colorado State University for
    the benefit of Colorado State University.
        None of the funds appropriated under this heading shall be
    available to carry out research related to the production, processing
    or marketing of tobacco or tobacco products.

                             Buildings and Facilities

        For acquisition of land, construction, repair, improvement,
    extension, alteration, and purchase of fixed equipment or facilities as
    necessary to carry out the agricultural research programs of the
    Department of Agriculture, where not otherwise provided, $63,810,000,
    to remain available until expended.

          Cooperative State Research, Education, and Extension Service

                        Research and Education Activities

        For payments to agricultural experiment stations, for cooperative
    forestry and other research, for facilities, and for other expenses,
    $621,447,000, as follows: to carry out the provisions of the Hatch Act
    of 1887 (7 U.S.C. 361a-i), $180,148,000; for grants for cooperative
    forestry research (16 U.S.C. 582a through a-7), $21,884,000; for
    payments to the 1890 land-grant colleges, including Tuskegee University
    and West Virginia State College (7 U.S.C. 3222), $36,000,000, of which
    $1,507,496 shall be made available only for the purpose of ensuring
    that each institution shall receive no less than $1,000,000; for
    special grants for agricultural research (7 U.S.C. 450i(c)),
    $111,312,000; for special grants for agricultural research on improved
    pest control (7 U.S.C. 450i(c)), $13,675,000; for competitive research
    grants (7 U.S.C. 450i(b)), $165,000,000; for the support of animal
    health and disease programs (7 U.S.C. 3195), $4,559,000; for
    supplemental and alternative crops and products (7 U.S.C. 3319d),
    $1,069,000; for grants for research pursuant to the Critical
    Agricultural Materials Act (7 U.S.C. 178 et seq.), $1,118,000, to
    remain available until expended; for the 1994 research grants program
    for 1994 institutions pursuant to section 536 of Public Law 103-382 (7
    U.S.C. 301 note), $1,093,000, to remain available until expended; for
    rangeland research grants (7 U.S.C. 3333), $900,000; for higher
    education graduate fellowship grants (7 U.S.C. 3152(b)(6)), $2,900,000,
    to remain available until expended (7 U.S.C. 2209b); for higher
    education challenge grants (7 U.S.C. 3152(b)(1)), $4,888,000; for a
    higher education multicultural scholars program (7 U.S.C. 3152(b)(5)),
    $992,000, to remain available until expended (7 U.S.C. 2209b); for an
    education grants program for Hispanic-serving Institutions (7 U.S.C.
    3241), $4,673,000; for noncompetitive grants for the purpose of
    carrying out all provisions of 7 U.S.C. 3242 (section 759 of Public Law
    106-78) to individual eligible institutions or consortia of eligible
    institutions in Alaska and in Hawaii, with funds awarded equally to
    each of the States of Alaska and Hawaii, $3,150,000; for a secondary
    agriculture education program and 2-year post-secondary education (7
    U.S.C. 3152(j)), $895,000; for aquaculture grants (7 U.S.C. 3322),
    $4,024,000; for sustainable agriculture research and education (7
    U.S.C. 5811), $12,295,000; for a program of capacity building grants (7
    U.S.C. 3152(b)(4)) to colleges eligible to receive funds under the Act
    of August 30, 1890 (7 U.S.C. 321-326 and 328), including Tuskegee
    University and West Virginia State College, $11,479,000, to remain
    available until expended (7 U.S.C. 2209b); for payments to the 1994
    Institutions pursuant to section 534(a)(1) of Public Law 103-382,
    $1,689,000; and for necessary expenses of Research and Education
    Activities, $37,704,000.
        None of the funds appropriated under this heading shall be
    available to carry out research related to the production, processing
    or marketing of tobacco or tobacco products: Provided, That this
    paragraph shall not apply to research on the medical, biotechnological,
    food, and industrial uses of tobacco.

                   native american institutions endowment fund

        For the Native American Institutions Endowment Fund authorized by
    Public Law 103-382 (7 U.S.C. 301 note), $9,000,000.

                               Extension Activities

        For payments to States, the District of Columbia, Puerto Rico,
    Guam, the Virgin Islands, Micronesia, Northern Marianas, and American
    Samoa, $441,731,000, as follows: payments for cooperative extension
    work under the Smith-Lever Act, to be distributed under sections 3(b)
    and 3(c) of said Act, and under section 208(c) of Public Law 93-471,
    for retirement and employees' compensation costs for extension agents,
    $279,390,000; payments for extension work at the 1994 Institutions
    under the Smith-Lever Act (7 U.S.C. 343(b)(3)), $2,946,000; payments
    for the nutrition and family education program for low-income areas
    under section 3(d) of the Act, $52,366,000; payments for the pest
    management program under section 3(d) of the Act, $9,620,000; payments
    for the farm safety program under section 3(d) of the Act, $4,940,000;
    payments to upgrade research, extension, and teaching facilities at the
    1890 land-grant colleges, including Tuskegee University and West
    Virginia State College, as authorized by section 1447 of Public Law 95-
    113 (7 U.S.C. 3222b), $15,000,000, to remain available until expended;
    payments for youth-at-risk programs under section 3(d) of the Smith-
    Lever Act, $7,583,000; for youth farm safety education and
    certification extension grants, to be awarded competitively under
    section 3(d) of the Act, $446,000; payments for carrying out the
    provisions of the Renewable Resources Extension Act of 1978 (16 U.S.C.
    1671 et seq.), $4,064,000; payments for Indian reservation agents under
    section 3(d) of the Smith-Lever Act, $1,785,000; payments for
    sustainable agriculture programs under section 3(d) of the Act,
    $4,359,000; payments for rural health and safety education as
    authorized by section 502(i) of Public Law 92-419 (7 U.S.C. 2662(i)),
    $2,345,000; payments for cooperative extension work by the colleges
    receiving the benefits of the second Morrill Act (7 U.S.C. 321-326 and
    328) and Tuskegee University and West Virginia State College,
    $31,908,000, of which $1,724,884 shall be made available only for the
    purpose of ensuring that each institution shall receive no less than
    $1,000,000; for grants to youth organizations pursuant to section 7630
    of title 7, United States Code, $2,683,000; and for necessary expenses
    of Extension Activities, $22,296,000.

                              integrated activities

        For the integrated research, education, and extension grants
    programs, including necessary administrative expenses, $50,493,000, as
    follows: for competitive grants programs authorized under section 406
    of the Agricultural Research, Extension, and Education Reform Act of
    1998 (7 U.S.C. 7626), $39,793,000, including $11,598,000 for the water
    quality program, $13,384,000 for the food safety program, $4,052,000
    for the regional pest management centers program, $4,371,000 for the
    Food Quality Protection Act risk mitigation program for major food crop
    systems, $1,338,000 for the crops affected by Food Quality Protection
    Act implementation, $3,150,000 for the methyl bromide transition
    program, and $1,900,000 for the organic transition program; for a
    competitive international science and education grants program
    authorized under section 1459A of the National Agricultural Research,
    Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3292b), to remain
    available until expended, $900,000; for grants programs authorized
    under section 2(c)(1)(B) of Public Law 89-106, as amended, $1,800,000,
    including $447,000, to remain available until September 30, 2005 for
    the critical issues program, and $1,353,000 for the regional rural
    development centers program; and $8,000,000 for the homeland security
    program authorized under section 1484 of the National Agricultural
    Research, Extension, and Teaching Act of 1977, to remain available
    until September 30, 2005.

                   Outreach for Socially Disadvantaged Farmers

        For grants and contracts pursuant to section 2501 of the Food,
    Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 2279),
    $5,970,000, to remain available until expended.

      Office of the Under Secretary for Marketing and Regulatory Programs

        For necessary salaries and expenses of the Office of the Under
    Secretary for Marketing and Regulatory Programs to administer programs
    under the laws enacted by the Congress for the Animal and Plant Health
    Inspection Service; the Agricultural Marketing Service; and the Grain
    Inspection, Packers and Stockyards Administration, $725,000.

                   Animal and Plant Health Inspection Service

                              Salaries and Expenses

                          (including transfers of funds)

        For expenses, not otherwise provided for, necessary to prevent,
    control, and eradicate pests and plant and animal diseases; to carry
    out inspection, quarantine, and regulatory activities; and to protect
    the environment, as authorized by law, $720,580,000, of which
    $4,112,000 shall be available for the control of outbreaks of insects,
    plant diseases, animal diseases and for control of pest animals and
    birds to the extent necessary to meet emergency conditions; of which
    $51,000,000 shall be used for the boll weevil eradication program for
    cost share purposes or for debt retirement for active eradication
    zones: Provided, That no funds shall be used to formulate or administer
    a brucellosis eradication program for the current fiscal year that does
    not require minimum matching by the States of at least 40 percent:
    Provided further, That this appropriation shall be available for the
    operation and maintenance of aircraft and the purchase of not to exceed
    four, of which two shall be for replacement only: Provided further,
    That, in addition, in emergencies which threaten any segment of the
    agricultural production industry of this country, the Secretary may
    transfer from other appropriations or funds available to the agencies
    or corporations of the Department such sums as may be deemed necessary,
    to be available only in such emergencies for the arrest and eradication
    of contagious or infectious disease or pests of animals, poultry, or
    plants, and for expenses in accordance with sections 10411 and 10417 of
    the Animal Health Protection Act (7 U.S.C. 8310 and 8316) and sections
    431 and 442 of the Plant Protection Act (7 U.S.C. 7751 and 7772), and
    any unexpended balances of funds transferred for such emergency
    purposes in the preceding fiscal year shall be merged with such
    transferred amounts: Provided further, That appropriations hereunder
    shall be available pursuant to law (7 U.S.C. 2250) for the repair and
    alteration of leased buildings and improvements, but unless otherwise
    provided the cost of altering any one building during the fiscal year
    shall not exceed 10 percent of the current replacement value of the
    building.
        In fiscal year 2004, the agency is authorized to collect fees to
    cover the total costs of providing technical assistance, goods, or
    services requested by States, other political subdivisions, domestic
    and international organizations, foreign governments, or individuals,
    provided that such fees are structured such that any entity's liability
    for such fees is reasonably based on the technical assistance, goods,
    or services provided to the entity by the agency, and such fees shall
    be credited to this account, to remain available until expended,
    without further appropriation, for providing such assistance, goods, or
    services.

                             Buildings and Facilities

        For plans, construction, repair, preventive maintenance,
    environmental support, improvement, extension, alteration, and purchase
    of fixed equipment or facilities, as authorized by 7 U.S.C. 2250, and
    acquisition of land as authorized by 7 U.S.C. 428a, $4,996,000, to
    remain available until expended.

                         Agricultural Marketing Service

                                Marketing Services

         For necessary expenses to carry out services related to consumer
    protection, agricultural marketing and distribution, transportation,
    and regulatory programs, as authorized by law, and for administration
    and coordination of payments to States, $75,430,000, including funds
    for the wholesale market development program for the design and
    development of wholesale and farmer market facilities for the major
    metropolitan areas of the country: Provided, That this appropriation
    shall be available pursuant to law (7 U.S.C. 2250) for the alteration
    and repair of buildings and improvements, but the cost of altering any
    one building during the fiscal year shall not exceed 10 percent of the
    current replacement value of the building: Provided further, That, in
    the case of the term of protection for the variety for which
    certificate number 8200179 was issued, on the date of enactment of this
    Act, the Secretary of Agriculture shall issue a new certificate for a
    term of protection of 10 years for the variety, except that the
    Secretary may terminate the certificate (at the end of any calendar
    year that is more than 5 years after the date of issuance of the
    certificate) if the Secretary determines that a new variety of seed
    (that is substantially based on the genetics of the variety for which
    the certificate was issued) is commercially viable and available in
    sufficient quantities to meet market demands.
        Fees may be collected for the cost of standardization activities,
    as established by regulation pursuant to law (31 U.S.C. 9701).

                      limitation on administrative expenses

        Not to exceed $62,577,000 (from fees collected) shall be obligated
    during the current fiscal year for administrative expenses: Provided,
    That if crop size is understated and/or other uncontrollable events
    occur, the agency may exceed this limitation by up to 10 percent with
    notification to the Committees on Appropriations of both Houses of
    Congress.

         Funds for Strengthening Markets, Income, and Supply (Section 32)

                          (including transfers of funds)

        Funds available under section 32 of the Act of August 24, 1935 (7
    U.S.C. 612c), shall be used only for commodity program expenses as
    authorized therein, and other related operating expenses, except for:
    (1) transfers to the Department of Commerce as authorized by the Fish
    and Wildlife Act of August 8, 1956; (2) transfers otherwise provided in
    this Act; and (3) not more than $15,392,000 for formulation and
    administration of marketing agreements and orders pursuant to the
    Agricultural Marketing Agreement Act of 1937 and the Agricultural Act
    of 1961.

                        Payments to States and Possessions

        For payments to departments of agriculture, bureaus and departments
    of markets, and similar agencies for marketing activities under section
    204(b) of the Agricultural Marketing Act of 1946 (7 U.S.C. 1623(b)),
    $3,338,000, of which not less than $2,000,000 shall be used to make
    noncompetitive grants under this heading.

            Grain Inspection, Packers and Stockyards Administration

                              Salaries and Expenses

        For necessary expenses to carry out the provisions of the United
    States Grain Standards Act, for the administration of the Packers and
    Stockyards Act, for certifying procedures used to protect purchasers of
    farm products, and the standardization activities related to grain
    under the Agricultural Marketing Act of 1946, $35,890,000: Provided,
    That this appropriation shall be available pursuant to law (7 U.S.C.
    2250) for the alteration and repair of buildings and improvements, but
    the cost of altering any one building during the fiscal year shall not
    exceed 10 percent of the current replacement value of the building.

             Limitation on Inspection and Weighing Services Expenses

        Not to exceed $42,463,000 (from fees collected) shall be obligated
    during the current fiscal year for inspection and weighing services:
    Provided, That if grain export activities require additional
    supervision and oversight, or other uncontrollable factors occur, this
    limitation may be exceeded by up to 10 percent with notification to the
    Committees on Appropriations of both Houses of Congress.

                 Office of the Under Secretary for Food Safety

        For necessary salaries and expenses of the Office of the Under
    Secretary for Food Safety to administer the laws enacted by the
    Congress for the Food Safety and Inspection Service, $599,000.

                       Food Safety and Inspection Service

        For necessary expenses to carry out services authorized by the
    Federal Meat Inspection Act, the Poultry Products Inspection Act, and
    the Egg Products Inspection Act, including not to exceed $50,000 for
    representation allowances and for expenses pursuant to section 8 of the
    Act approved August 3, 1956 (7 U.S.C. 1766), $784,511,000, of which no
    less than $701,823,000 shall be available for Federal food safety
    inspection; and in addition, $1,000,000 may be credited to this account
    from fees collected for the cost of laboratory accreditation as
    authorized by section 1327 of the Food, Agriculture, Conservation and
    Trade Act of 1990 (7 U.S.C. 138f): Provided, That no fewer than 50 full
    time equivalent positions above the fiscal year 2002 level shall be
    employed during fiscal year 2004 for purposes dedicated solely to
    inspections and enforcement related to the Humane Methods of Slaughter
    Act: Provided further, That this appropriation shall be available
    pursuant to law (7 U.S.C. 2250) for the alteration and repair of
    buildings and improvements, but the cost of altering any one building
    during the fiscal year shall not exceed 10 percent of the current
    replacement value of the building.

        Office of the Under Secretary for Farm and Foreign Agricultural
                                    Services

        For necessary salaries and expenses of the Office of the Under
    Secretary for Farm and Foreign Agricultural Services to administer the
    laws enacted by Congress for the Farm Service Agency, the Foreign
    Agricultural Service, the Risk Management Agency, and the Commodity
    Credit Corporation, $635,000.

                              Farm Service Agency

                              Salaries and Expenses

                          (including transfers of funds)

        For necessary expenses for carrying out the administration and
    implementation of programs administered by the Farm Service Agency,
    $988,768,000: Provided, That the Secretary is authorized to use the
    services, facilities, and authorities (but not the funds) of the
    Commodity Credit Corporation to make program payments for all programs
    administered by the Agency: Provided further, That other funds made
    available to the Agency for authorized activities may be advanced to
    and merged with this account.

                              State Mediation Grants

        For grants pursuant to section 502(b) of the Agricultural Credit
    Act of 1987, as amended (7 U.S.C. 5101-5106), $3,974,000.

                             dairy indemnity program

                          (including transfer of funds)

        For necessary expenses involved in making indemnity payments to
    dairy farmers and manufacturers of dairy products under a dairy
    indemnity program, $100,000, to remain available until expended:
    Provided, That such program is carried out by the Secretary in the same
    manner as the dairy indemnity program described in the Agriculture,
    Rural Development, Food and Drug Administration, and Related Agencies
    Appropriations Act, 2001 (Public Law 106-387; 114 Stat. 1549A-12).

                Agricultural Credit Insurance Fund Program Account

                          (including transfers of funds)

        For gross obligations for the principal amount of direct and
    guaranteed farm ownership (7 U.S.C. 1922 et seq.) and operating (7
    U.S.C. 1941 et seq.) loans, Indian tribe land acquisition loans (25
    U.S.C. 488), and boll weevil loans (7 U.S.C. 1989), to be available
    from funds in the Agricultural Credit Insurance Fund, as follows: farm
    ownership loans, $1,079,158,000, of which $950,000,000 shall be for
    guaranteed loans and $129,158,000 shall be for direct loans; operating
    loans, $2,083,752,000, of which $1,200,000,000 shall be for
    unsubsidized guaranteed loans, $266,249,000 shall be for subsidized
    guaranteed loans and $617,503,000 shall be for direct loans; Indian
    tribe land acquisition loans, $2,000,000; and for boll weevil
    eradication program loans, $100,000,000.
        For the cost of direct and guaranteed loans, including the cost of
    modifying loans as defined in section 502 of the Congressional Budget
    Act of 1974, as follows: farm ownership loans, $33,648,000, of which
    $5,130,000 shall be for guaranteed loans, and $28,518,000 shall be for
    direct loans; operating loans, $163,004,000, of which $39,960,000 shall
    be for unsubsidized guaranteed loans, $34,000,000 shall be for
    subsidized guaranteed loans, and $89,044,000 shall be for direct loans.
        In addition, for administrative expenses necessary to carry out the
    direct and guaranteed loan programs, $290,968,000, of which
    $283,020,000 shall be transferred to and merged with the appropriation
    for ``Farm Service Agency, Salaries and Expenses''.
        Funds appropriated by this Act to the Agricultural Credit Insurance
    Program Account for farm ownership and operating direct loans and
    guaranteed loans may be transferred among these programs: Provided,
    That the Committees on Appropriations of both Houses of Congress are
    notified at least 15 days in advance of any transfer.

                             Risk Management Agency

        For administrative and operating expenses, as authorized by section
    226A of the Department of Agriculture Reorganization Act of 1994 (7
    U.S.C. 6933), $71,422,000: Provided, That not to exceed $1,000 shall be
    available for official reception and representation expenses, as
    authorized by 7 U.S.C. 1506(i).

                                  CORPORATIONS

        The following corporations and agencies are hereby authorized to
    make expenditures, within the limits of funds and borrowing authority
    available to each such corporation or agency and in accord with law,
    and to make contracts and commitments without regard to fiscal year
    limitations as provided by section 104 of the Government Corporation
    Control Act as may be necessary in carrying out the programs set forth
    in the budget for the current fiscal year for such corporation or
    agency, except as hereinafter provided.

                    Federal Crop Insurance Corporation Fund

        For payments as authorized by section 516 of the Federal Crop
    Insurance Act (7 U.S.C. 1516), such sums as may be necessary, to remain
    available until expended.

                       Commodity Credit Corporation Fund

                      reimbursement for net realized losses

        For the current fiscal year, such sums as may be necessary to
    reimburse the Commodity Credit Corporation for net realized losses
    sustained, but not previously reimbursed, pursuant to section 2 of the
    Act of August 17, 1961 (15 U.S.C. 713a-11).

                            hazardous waste management

                             (limitation on expenses)

        For the current fiscal year, the Commodity Credit Corporation shall
    not expend more than $5,000,000 for site investigation and cleanup
    expenses, and operations and maintenance expenses to comply with the
    requirement of section 107(g) of the Comprehensive Environmental
    Response, Compensation, and Liability Act (42 U.S.C. 9607(g)), and
    section 6001 of the Resource Conservation and Recovery Act (42 U.S.C.
    6961).

                                    TITLE II

                             CONSERVATION PROGRAMS

      Office of the Under Secretary for Natural Resources and Environment

        For necessary salaries and expenses of the Office of the Under
    Secretary for Natural Resources and Environment to administer the laws
    enacted by the Congress for the Forest Service and the Natural
    Resources Conservation Service, $745,000.

                     Natural Resources Conservation Service

                             Conservation Operations

        For necessary expenses for carrying out the provisions of the Act
    of April 27, 1935 (16 U.S.C. 590a-f), including preparation of
    conservation plans and establishment of measures to conserve soil and
    water (including farm irrigation and land drainage and such special
    measures for soil and water management as may be necessary to prevent
    floods and the siltation of reservoirs and to control agricultural
    related pollutants); operation of conservation plant materials centers;
    classification and mapping of soil; dissemination of information;
    acquisition of lands, water, and interests therein for use in the plant
    materials program by donation, exchange, or purchase at a nominal cost
    not to exceed $100 pursuant to the Act of August 3, 1956 (7 U.S.C.
    428a); purchase and erection or alteration or improvement of permanent
    and temporary buildings; and operation and maintenance of aircraft,
    $853,004,000, to remain available until expended (7 U.S.C. 2209b), of
    which not less than $9,250,000 is for snow survey and water
    forecasting, and not less than $11,500,000 is for operation and
    establishment of the plant materials centers, and of which not less
    than $23,500,000 shall be for the grazing lands conservation
    initiative: Provided, That appropriations hereunder shall be available
    pursuant to 7 U.S.C. 2250 for construction and improvement of buildings
    and public improvements at plant materials centers, except that the
    cost of alterations and improvements to other buildings and other
    public improvements shall not exceed $250,000: Provided further, That
    when buildings or other structures are erected on non-Federal land,
    that the right to use such land is obtained as provided in 7 U.S.C.
    2250a: Provided further, That this appropriation shall be available for
    technical assistance and related expenses to carry out programs
    authorized by section 202(c) of title II of the Colorado River Basin
    Salinity Control Act of 1974 (43 U.S.C. 1592(c)): Provided further,
    That qualified local engineers may be temporarily employed at per diem
    rates to perform the technical planning work of the Service: Provided
    further, That none of the funds made available under this paragraph by
    this or any other appropriations Act may be used to provide technical
    assistance with respect to programs listed in section 1241(a) of the
    Food Security Act of 1985 (16 U.S.C. 3841(a)).

                          watershed surveys and planning

        For necessary expenses to conduct research, investigation, and
    surveys of watersheds of rivers and other waterways, and for small
    watershed investigations and planning, in accordance with the Watershed
    Protection and Flood Prevention Act (16 U.S.C. 1001-1009), $10,562,000:
    Provided, That none of the funds made available under this paragraph by
    this or any other appropriations Act may be used to provide technical
    assistance with respect to programs listed in section 1241(a) of the
    Food Security Act of 1985 (16 U.S.C. 3841(a)).

                    Watershed and Flood Prevention Operations

        For necessary expenses to carry out preventive measures, including
    but not limited to research, engineering operations, methods of
    cultivation, the growing of vegetation, rehabilitation of existing
    works and changes in use of land, in accordance with the Watershed
    Protection and Flood Prevention Act (16 U.S.C. 1001-1005 and 1007-
    1009), the provisions of the Act of April 27, 1935 (16 U.S.C. 590a-f),
    and in accordance with the provisions of laws relating to the
    activities of the Department, $87,000,000, to remain available until
    expended; of which up to $10,000,000 may be available for the
    watersheds authorized under the Flood Control Act (33 U.S.C. 701 and 16
    U.S.C. 1006a): Provided, That not to exceed $40,000,000 of this
    appropriation shall be available for technical assistance: Provided
    further, That not to exceed $1,000,000 of this appropriation is
    available to carry out the purposes of the Endangered Species Act of
    1973 (Public Law 93-205), including cooperative efforts as contemplated
    by that Act to relocate endangered or threatened species to other
    suitable habitats as may be necessary to expedite project construction:
    Provided further, That none of the funds made available under this
    paragraph by this or any other appropriations Act may be used to
    provide technical assistance with respect to programs listed in section
    1241(a) of the Food Security Act of 1985 (16 U.S.C. 3841(a)).

                         watershed rehabilitation program

        For necessary expenses to carry out rehabilitation of structural
    measures, in accordance with section 14 of the Watershed Protection and
    Flood Prevention Act (16 U.S.C. 1012), and in accordance with the
    provisions of laws relating to the activities of the Department,
    $29,805,000, to remain available until expended: Provided, That none of
    the funds made available under this paragraph by this or any other
    appropriations Act may be used to provide technical assistance with
    respect to programs listed in section 1241(a) of the Food Security Act
    of 1985 (16 U.S.C. 3841(a)).

                      resource conservation and development

        For necessary expenses in planning and carrying out projects for
    resource conservation and development and for sound land use pursuant
    to the provisions of sections 31 and 32 of the Bankhead-Jones Farm
    Tenant Act (7 U.S.C. 1010-1011; 76 Stat. 607); the Act of April 27,
    1935 (16 U.S.C. 590a-f); and subtitle H of title XV of the Agriculture
    and Food Act of 1981 (16 U.S.C. 3451-3461), $51,947,000, to remain
    available until expended: Provided, That none of the funds made
    available under this paragraph by this or any other appropriations Act
    may be used to provide technical assistance with respect to programs
    listed in section 1241(a) of the Food Security Act of 1985 (16 U.S.C.
    3841(a)): Provided further, That the Secretary shall enter into a
    cooperative or contribution agreement with a national association
    regarding a Resource Conservation and Development program and such
    agreement shall contain the same matching, contribution requirements,
    and funding level, set forth in a similar cooperative or contribution
    agreement with a national association in fiscal year 2002: Provided
    further, That not to exceed $3,504,300, the same amount as in the
    budget, shall be available for national headquarters activities.

                                   TITLE III

                           RURAL DEVELOPMENT PROGRAMS

              Office of the Under Secretary for Rural Development

        For necessary salaries and expenses of the Office of the Under
    Secretary for Rural Development to administer programs under the laws
    enacted by the Congress for the Rural Housing Service, the Rural
    Business-Cooperative Service, and the Rural Utilities Service of the
    Department of Agriculture, $636,000.

                       Rural Community Advancement Program

                          (including transfers of funds)

        For the cost of direct loans, loan guarantees, and grants, as
    authorized by 7 U.S.C. 1926, 1926a, 1926c, 1926d, and 1932, except for
    sections 381E-H and 381N of the Consolidated Farm and Rural Development
    Act, $757,425,000, to remain available until expended, of which
    $75,919,000 shall be for rural community programs described in section
    381E(d)(1) of such Act; of which $605,006,000 shall be for the rural
    utilities programs described in sections 381E(d)(2), 306C(a)(2), and
    306D of such Act, of which not to exceed $500,000 shall be available
    for the rural utilities program described in section 306(a)(2)(B) of
    such Act, and of which not to exceed $1,000,000 shall be available for
    the rural utilities program described in section 306E of such Act; and
    of which $76,500,000 shall be for the rural business and cooperative
    development programs described in sections 381E(d)(3) and 310B(f) of
    such Act: Provided, That of the amount appropriated for rural business
    and cooperative development programs, $100,000 shall be for a pilot
    program in the State of Alaska to assist communities with community
    planning: Provided further, That of the total amount appropriated in
    this account, $24,000,000 shall be for loans and grants to benefit
    federally recognized Native American tribes, including grants for
    drinking water and waste disposal systems pursuant to section 306C of
    such Act, of which $4,000,000 shall be available for community
    facilities grants to tribal colleges, as authorized by section
    306(a)(19) of the Consolidated Farm and Rural Development Act, and of
    which $250,000 shall be available for a grant to a qualified national
    organization to provide technical assistance for rural transportation
    in order to promote economic development: Provided further, That of the
    amount appropriated for rural community programs, $6,000,000 shall be
    available for a Rural Community Development Initiative: Provided
    further, That such funds shall be used solely to develop the capacity
    and ability of private, nonprofit community-based housing and community
    development organizations, low-income rural communities, and federally
    recognized Native American tribes to undertake projects to improve
    housing, community facilities, community and economic development
    projects in rural areas: Provided further, That such funds shall be
    made available to qualified private, nonprofit and public intermediary
    organizations proposing to carry out a program of financial and
    technical assistance: Provided further, That such intermediary
    organizations shall provide matching funds from other sources,
    including Federal funds for related activities, in an amount not less
    than funds provided: Provided further, That of the amount appropriated
    for the rural business and cooperative development programs, not to
    exceed $500,000 shall be made available for a grant to a qualified
    national organization to provide technical assistance for rural
    transportation in order to promote economic development; $1,750,000
    shall be for grants to the Delta Regional Authority (7 U.S.C. 1921 et
    seq.); and not less than $2,000,000 shall be available for grants in
    accordance with section 310B(f) of the Consolidated Farm and Rural
    Development Act: Provided further, That of the amount appropriated for
    rural utilities programs, not to exceed $25,000,000 shall be for water
    and waste disposal systems to benefit the Colonias along the United
    States/Mexico border, including grants pursuant to section 306C of such
    Act; not to exceed $28,000,000 shall be for water and waste disposal
    systems for rural and native villages in Alaska pursuant to section
    306D of such Act, with up to 1 percent available to administer the
    program and up to 1 percent available to improve interagency
    coordination may be transferred to and merged with the appropriation
    for ``Rural Development, Salaries and Expenses'', of which $100,000
    shall be provided to develop a regional system for centralized billing,
    operation, and management of rural water and sewer utilities through
    regional cooperatives, of which 25 percent shall be provided for water
    and sewer projects in regional hubs, and the State of Alaska shall
    provide a 25 percent cost share; not to exceed $17,733,000 shall be for
    technical assistance grants for rural water and waste systems pursuant
    to section 306(a)(14) of such Act, of which $5,513,000 shall be for
    Rural Community Assistance Programs; and not to exceed $13,000,000
    shall be for contracting with qualified national organizations for a
    circuit rider program to provide technical assistance for rural water
    systems: Provided further, That of the amount appropriated for the
    circuit rider program, Alaska shall receive two additional full circuit
    rider contracts and not less than $750,000 shall be for contracting
    with qualified national organizations to establish a Native American
    circuit rider program to provide technical assistance for rural water
    systems: Provided further, That of the total amount appropriated, not
    to exceed $22,132,000 shall be available through June 30, 2004, for
    authorized empowerment zones and enterprise communities and communities
    designated by the Secretary of Agriculture as Rural Economic Area
    Partnership Zones; of which $1,000,000 shall be for the rural community
    programs described in section 381E(d)(1) of such Act, of which
    $12,582,000 shall be for the rural utilities programs described in
    section 381E(d)(2) of such Act, and of which $8,550,000 shall be for
    the rural business and cooperative development programs described in
    section 381E(d)(3) of such Act: Provided further, That of the amount
    appropriated for rural community programs, not to exceed $22,000,000
    shall be to provide grants for facilities in rural communities with
    extreme unemployment and severe economic depression (Public Law 106-
    387), with 5 percent for administration and capacity building in the
    State rural development offices: Provided further, That of the amount
    appropriated, $28,000,000 shall be transferred to and merged with the
    ``Rural Utilities Service, High Energy Cost Grants Account'' to provide
    grants authorized under section 19 of the Rural Electrification Act of
    1936 (7 U.S.C. 918a): Provided further, That any prior year balances
    for high cost energy grants authorized by section 19 of the Rural
    Electrification Act of 1936 (7 U.S.C. 901(19)) shall be transferred to
    and merged with the ``Rural Utilities Service, High Energy Costs Grants
    Account''.

                    Rural Development Salaries and Expenses

                          (including transfers of funds)

        For necessary expenses for carrying out the administration and
    implementation of programs in the Rural Development mission area,
    including activities with institutions concerning the development and
    operation of agricultural cooperatives; and for cooperative agreements,
    $141,869,000: Provided, That notwithstanding any other provision of
    law, funds appropriated under this section may be used for advertising
    and promotional activities that support the Rural Development mission
    area: Provided further, That not more than $10,000 may be expended to
    provide modest nonmonetary awards to non-USDA employees: Provided
    further, That any balances available from prior years for the Rural
    Utilities Service, Rural Housing Service, and the Rural Business-
    Cooperative Service salaries and expenses accounts shall be transferred
    to and merged with this appropriation.

                             Rural Housing Service

                   Rural Housing Insurance Fund Program Account

                          (including transfers of funds)

        For gross obligations for the principal amount of direct and
    guaranteed loans as authorized by title V of the Housing Act of 1949,
    to be available from funds in the rural housing insurance fund, as
    follows: $4,091,634,000 for loans to section 502 borrowers, as
    determined by the Secretary, of which $1,366,462,000 shall be for
    direct loans, and of which $2,725,172,000 shall be for unsubsidized
    guaranteed loans; $35,004,000 for section 504 housing repair loans;
    $116,545,000 for section 515 rental housing; $100,000,000 for section
    538 guaranteed multi-family housing loans; $5,045,000 for section 524
    site loans; $11,500,000 for credit sales of acquired property, of which
    up to $1,500,000 may be for multi-family credit sales; and $2,400,000
    for section 523 self-help housing land development loans.
        For the cost of direct and guaranteed loans, including the cost of
    modifying loans, as defined in section 502 of the Congressional Budget
    Act of 1974, as follows: section 502 loans, $165,921,000, of which
    $126,018,000 shall be for direct loans, and of which $39,903,000, to
    remain available until expended, shall be for unsubsidized guaranteed
    loans; section 504 housing repair loans, $9,612,000; section 515 rental
    housing, $50,126,000; section 538 multi-family housing guaranteed
    loans, $5,950,000; multi-family credit sales of acquired property,
    $663,000; and section 523 self-help housing land development loans,
    $75,000: Provided, That of the total amount appropriated in this
    paragraph, $7,100,000 shall be available through June 30, 2004, for
    authorized empowerment zones and enterprise communities and communities
    designated by the Secretary of Agriculture as Rural Economic Area
    Partnership Zones.
        In addition, for administrative expenses necessary to carry out the
    direct and guaranteed loan programs, $443,302,000, which shall be
    transferred to and merged with the appropriation for ``Rural
    Development, Salaries and Expenses''.

                            Rental Assistance Program

        For rental assistance agreements entered into or renewed pursuant
    to the authority under section 521(a)(2) or agreements entered into in
    lieu of debt forgiveness or payments for eligible households as
    authorized by section 502(c)(5)(D) of the Housing Act of 1949,
    $584,000,000; and, in addition, such sums as may be necessary, as
    authorized by section 521(c) of the Act, to liquidate debt incurred
    prior to fiscal year 1992 to carry out the rental assistance program
    under section 521(a)(2) of the Act: Provided, That of this amount, not
    more than $5,900,000 shall be available for debt forgiveness or
    payments for eligible households as authorized by section 502(c)(5)(D)
    of the Act, and not to exceed $20,000 per project for advances to
    nonprofit organizations or public agencies to cover direct costs (other
    than purchase price) incurred in purchasing projects pursuant to
    section 502(c)(5)(C) of the Act: Provided further, That agreements
    entered into or renewed during the current fiscal year shall be funded
    for a 4-year period: Provided further, That any unexpended balances
    remaining at the end of such 4-year agreements may be transferred and
    used for the purposes of any debt reduction; maintenance, repair, or
    rehabilitation of any existing projects; preservation; and rental
    assistance activities authorized under title V of the Act.

                       Mutual and Self-Help Housing Grants

        For grants and contracts pursuant to section 523(b)(1)(A) of the
    Housing Act of 1949 (42 U.S.C. 1490c), $34,000,000, to remain available
    until expended: Provided, That of the total amount appropriated,
    $1,000,000 shall be available through June 30, 2004, for authorized
    empowerment zones and enterprise communities and communities designated
    by the Secretary of Agriculture as Rural Economic Area Partnership
    Zones.

                         Rural Housing Assistance Grants

        For grants and contracts for very low-income housing repair,
    supervisory and technical assistance, compensation for construction
    defects, and rural housing preservation made by the Rural Housing
    Service, as authorized by 42 U.S.C. 1474, 1479(c), 1490e, and 1490m,
    $46,222,000, to remain available until expended, of which $5,000,000
    shall be available for a processing and/or fishery workers housing
    demonstration project in Alaska, Mississippi, Utah, and Wisconsin:
    Provided, That of the total amount appropriated, $1,800,000 shall be
    available through June 30, 2004, for authorized empowerment zones and
    enterprise communities and communities designated by the Secretary of
    Agriculture as Rural Economic Area Partnership Zones.

                            farm labor program account

        For the cost of direct loans, grants, and contracts, as authorized
    by 42 U.S.C. 1484 and 1486, $36,307,000, to remain available until
    expended, for direct farm labor housing loans and domestic farm labor
    housing grants and contracts.

                      Rural Business--Cooperative Service

                   Rural Development Loan Fund Program Account

                          (including transfer of funds)

         For the principal amount of direct loans, as authorized by the
    Rural Development Loan Fund (42 U.S.C. 9812(a)), $40,000,000.
        For the cost of direct loans, $17,308,000, as authorized by the
    Rural Development Loan Fund (42 U.S.C. 9812(a)), of which $1,724,000
    shall be available through June 30, 2004, for Federally Recognized
    Native American Tribes and of which $3,449,000 shall be available
    through June 30, 2004, for the Delta Regional Authority (7 U.S.C. 1921
    et seq.): Provided, That such costs, including the cost of modifying
    such loans, shall be as defined in section 502 of the Congressional
    Budget Act of 1974: Provided further, That of the total amount
    appropriated, $2,447,000 shall be available through June 30, 2004, for
    the cost of direct loans for authorized empowerment zones and
    enterprise communities and communities designated by the Secretary of
    Agriculture as Rural Economic Area Partnership Zones.
        In addition, for administrative expenses to carry out the direct
    loan programs, $4,272,000 shall be transferred to and merged with the
    appropriation for ``Rural Development, Salaries and Expenses''.

                 Rural Economic Development Loans Program Account

                         (including rescission of funds)

        For the principal amount of direct loans, as authorized under
    section 313 of the Rural Electrification Act, for the purpose of
    promoting rural economic development and job creation projects,
    $15,002,000.
        For the cost of direct loans, including the cost of modifying loans
    as defined in section 502 of the Congressional Budget Act of 1974,
    $2,792,000.
        Of the funds derived from interest on the cushion of credit
    payments in the current fiscal year, as authorized by section 313 of
    the Rural Electrification Act of 1936, $2,792,000 shall not be
    obligated and $2,792,000 are rescinded.

                       Rural Cooperative Development Grants

        For rural cooperative development grants authorized under section
    310B(e) of the Consolidated Farm and Rural Development Act (7 U.S.C.
    1932), $24,000,000, of which $2,500,000 shall be for cooperative
    agreements for the appropriate technology transfer for rural areas
    program: Provided, That not to exceed $1,500,000 shall be for
    cooperatives or associations of cooperatives whose primary focus is to
    provide assistance to small, minority producers and whose governing
    board and/or membership is comprised of at least 75 percent minority;
    and of which not to exceed $15,000,000, to remain available until
    expended, shall be for value-added agricultural product market
    development grants, as authorized by section 6401 of the Farm Security
    and Rural Investment Act of 2002 (7 U.S.C. 1621 note).

            RURAL EMPOWERMENT ZONES AND ENTERPRISE COMMUNITIES GRANTS

        For grants in connection with second and third rounds of
    empowerment zones and enterprise communities, $12,667,000, to remain
    available until expended, for designated rural empowerment zones and
    rural enterprise communities, as authorized by the Taxpayer Relief Act
    of 1997 and the Omnibus Consolidated and Emergency Supplemental
    Appropriations Act, 1999 (Public Law 105-277): Provided, That of the
    funds appropriated, $1,000,000 shall be made available to third round
    empowerment zones, as authorized by the Community Renewal Tax Relief
    Act (Public Law 106-554).

                             RENEWABLE ENERGY PROGRAM

        For the cost of a program of direct loans, loan guarantees, and
    grants, under the same terms and conditions as authorized by section
    9006 of the Farm Security and Rural Investment Act of 2002 (7 U.S.C.
    8106), $23,000,000 for direct and guaranteed renewable energy loans and
    grants: Provided, That the cost of direct loans and loan guarantees,
    including the cost of modifying such loans, shall be as defined in
    section 502 of the Congressional Budget Act of 1974.

                            Rural Utilities Service

        Rural Electrification and Telecommunications Loans Program Account

                          (including transfer of funds)

        Insured loans pursuant to the authority of section 305 of the Rural
    Electrification Act of 1936 (7 U.S.C. 935) shall be made as follows: 5
    percent rural electrification loans, $240,000,000; municipal rate rural
    electric loans, $1,000,000,000; loans made pursuant to section 306 of
    that Act, rural electric, $2,000,000,000; Treasury rate direct electric
    loans, $750,000,000; 5 percent rural telecommunications loans,
    $145,000,000; cost of money rural telecommunications loans,
    $250,000,000; loans made pursuant to section 306 of that Act, rural
    telecommunications loans, $120,000,000; and for guaranteed underwriting
    loans pursuant to section 313A, $1,000,000,000.
        For the cost, as defined in section 502 of the Congressional Budget
    Act of 1974, including the cost of modifying loans, of direct and
    guaranteed loans authorized by sections 305 and 306 of the Rural
    Electrification Act of 1936 (7 U.S.C. 935 and 936), as follows: cost of
    rural electric loans, $60,000, and the cost of telecommunication loans,
    $125,000: Provided, That notwithstanding section 305(d)(2) of the Rural
    Electrification Act of 1936, borrower interest rates may exceed 7
    percent per year.
        In addition, for administrative expenses necessary to carry out the
    direct and guaranteed loan programs, $37,853,000 which shall be
    transferred to and merged with the appropriation for ``Rural
    Development, Salaries and Expenses''.

                       Rural Telephone Bank Program Account

                          (including transfer of funds)

        The Rural Telephone Bank is hereby authorized to make such
    expenditures, within the limits of funds available to such corporation
    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 may be necessary in carrying out
    its authorized programs. During fiscal year 2004 and within the
    resources and authority available, gross obligations for the principal
    amount of direct loans shall be $173,503,000.
        In addition, for administrative expenses, including audits,
    necessary to carry out the loan programs, $3,171,000, which shall be
    transferred to and merged with the appropriation for ``Rural
    Development, Salaries and Expenses''.

              Distance Learning, Telemedicine, and Broadband Program

        For the principal amount of direct distance learning and
    telemedicine loans, $300,000,000; and for the principal amount of
    direct broadband telecommunication loans, $602,000,000.
        For grants for telemedicine and distance learning services in rural
    areas, as authorized by 7 U.S.C. 950aaa et seq., $39,000,000, to remain
    available until expended: Provided, That $14,000,000 shall be made
    available to convert analog to digital operation those noncommercial
    educational television broadcast stations that serve rural areas and
    are qualified for Community Service Grants by the Corporation for
    Public Broadcasting under section 396(k) of the Communications Act of
    1934, including associated translators, repeaters, and studio-to-
    transmitter links.
        For the cost of broadband loans, as authorized by 7 U.S.C. 901 et
    seq., $13,116,000: Provided, That the interest rate for such loans
    shall be the cost of borrowing to the Department of the Treasury for
    obligations of comparable maturity: Provided further, That the cost of
    direct loans shall be as defined in section 502 of the Congressional
    Budget Act of 1974.
        In addition, $9,000,000, to remain available until expended, for a
    grant program to finance broadband transmission in rural areas eligible
    for Distance Learning and Telemedicine Program benefits authorized by 7
    U.S.C. 950aaa.

                                    TITLE IV

                             DOMESTIC FOOD PROGRAMS

    Office of the Under Secretary for Food, Nutrition and Consumer Services

        For necessary salaries and expenses of the Office of the Under
    Secretary for Food, Nutrition and Consumer Services to administer the
    laws enacted by the Congress for the Food and Nutrition Service,
    $599,000.

                           Food and Nutrition Service

                             child nutrition programs

                          (including transfer of funds)

        For necessary expenses to carry out the National School Lunch Act
    (42 U.S.C. 1751 et seq.), except section 21, and the Child Nutrition
    Act of 1966 (42 U.S.C. 1771 et seq.), except sections 17 and 21;
    $11,417,441,000, to remain available through September 30, 2005, of
    which $6,717,780,000 is hereby appropriated and $4,699,661,000 shall be
    derived by transfer from funds available under section 32 of the Act of
    August 24, 1935 (7 U.S.C. 612c): Provided, That $5,000,000 shall be
    available for the Food and Nutrition Service to conduct a study of over
    and under certification errors and the effect on expenditures in the
    National School Lunch and School Breakfast Programs and an assessment
    of the feasibility of using income data matching in those programs:
    Provided further, That except as specifically provided under this
    heading, none of the funds made available under this heading shall be
    used for studies and evaluations: Provided further, That up to
    $5,235,000 shall be available for independent verification of school
    food service claims.

         Special Supplemental Nutrition Program for Women, Infants, and
                                 Children (WIC)

        For necessary expenses to carry out the special supplemental
    nutrition program as authorized by section 17 of the Child Nutrition
    Act of 1966 (42 U.S.C. 1786), $4,639,232,000, to remain available
    through September 30, 2005: Provided, That of the total amount
    available, the Secretary shall obligate not less than $15,000,000 for a
    breastfeeding support initiative in addition to the activities
    specified in section 17(h)(3)(A) and up to $25,000,000 for a management
    information system initiative upon a determination by the Secretary
    that funds are available to meet caseload requirements: Provided
    further, That up to $4,000,000 shall be available for pilot projects to
    prevent childhood obesity upon a determination by the Secretary that
    funds are available to meet caseload requirements: Provided further,
    That of the total amount available, the Secretary shall obligate
    $23,000,000 for the farmers' market nutrition program: Provided
    further, That notwithstanding section 17(h)(10)(A) of such Act,
    $14,000,000 shall be available for the purposes specified in section
    17(h)(10)(B): Provided further, That none of the funds made available
    under this heading shall be used for studies and evaluations: Provided
    further, That none of the funds in this Act shall be available to pay
    administrative expenses of WIC clinics except those that have an
    announced policy of prohibiting smoking within the space used to carry
    out the program: Provided further, That none of the funds provided in
    this account shall be available for the purchase of infant formula
    except in accordance with the cost containment and competitive bidding
    requirements specified in section 17 of such Act: Provided further,
    That none of the funds provided shall be available for activities that
    are not fully reimbursed by other Federal Government departments or
    agencies unless authorized by section 17 of such Act.

                                Food Stamp Program

        For necessary expenses to carry out the Food Stamp Act (7 U.S.C.
    2011 et seq.), $30,945,981,000, of which $3,000,000,000 shall be placed
    in reserve for use only in such amounts and at such times as may become
    necessary to carry out program operations: Provided, That none of the
    funds made available under this heading shall be used for studies and
    evaluations: Provided further, That of the funds made available under
    this heading and not already appropriated to the Food Distribution
    Program on Indian Reservations (FDPIR) established under section 4(b)
    of the Food Stamp Act of 1977 (7 U.S.C. 2013(b)), not to exceed
    $4,000,000 shall be used to purchase bison meat for the FDPIR from
    Native American bison producers as well as from producer-owned
    cooperatives of bison ranchers: Provided further, That funds provided
    herein shall be expended in accordance with section 16 of the Food
    Stamp Act: Provided further, That this appropriation shall be subject
    to any work registration or workfare requirements as may be required by
    law: Provided further, That funds made available for Employment and
    Training under this heading shall remain available until expended, as
    authorized by section 16(h)(1) of the Food Stamp Act.

                           Commodity Assistance Program

        For necessary expenses to carry out disaster assistance and the
    commodity supplemental food program as authorized by section 4(a) of
    the Agriculture and Consumer Protection Act of 1973 (7 U.S.C. 612c
    note); the Emergency Food Assistance Act of 1983; and special
    assistance (in a form determined by the Secretary of Agriculture) for
    the nuclear affected islands, as authorized by section 103(h)(2) of the
    Compact of Free Association Act of 1985 (48 U.S.C. 1903(h)(2)) (or a
    successor law), $150,000,000, to remain available through September 30,
    2005: Provided, That none of these funds shall be available to
    reimburse the Commodity Credit Corporation for commodities donated to
    the program.

                        nutrition programs administration

        For necessary administrative expenses of the domestic nutrition
    assistance programs funded under this Act, $138,304,000, of which
    $5,000,000 shall be available only for simplifying procedures, reducing
    overhead costs, tightening regulations, improving food stamp benefit
    delivery, and assisting in the prevention, identification, and
    prosecution of fraud and other violations of law; and of which not less
    than $4,000,000 shall be available to improve integrity in the Food
    Stamp and Child Nutrition programs.

                                    TITLE V

                    FOREIGN ASSISTANCE AND RELATED PROGRAMS

                          Foreign Agricultural Service

                              Salaries and expenses

                          (including transfers of funds)

        For necessary expenses of the Foreign Agricultural Service,
    including carrying out title VI of the Agricultural Act of 1954 (7
    U.S.C. 1761-1769), market development activities abroad, and for
    enabling the Secretary to coordinate and integrate activities of the
    Department in connection with foreign agricultural work, including not
    to exceed $158,000 for representation allowances and for expenses
    pursuant to section 8 of the Act approved August 3, 1956 (7 U.S.C.
    1766), $132,148,000: Provided, That the Service may utilize advances of
    funds, or reimburse this appropriation for expenditures made on behalf
    of Federal agencies, public and private organizations and institutions
    under agreements executed pursuant to the agricultural food production
    assistance programs (7 U.S.C. 1737) and the foreign assistance programs
    of the United States Agency for International Development.

                      Public Law 480 Title I Program Account

                          (including transfers of funds)

        For the cost, as defined in section 502 of the Congressional Budget
    Act of 1974, of agreements under the Agricultural Trade Development and
    Assistance Act of 1954, and the Food for Progress Act of 1985,
    including the cost of modifying credit arrangements under said Acts,
    $103,887,000, to remain available until expended.
        In addition, for administrative expenses to carry out the credit
    program of title I, Public Law 83-480, and the Food for Progress Act of
    1985, to the extent funds appropriated for Public Law 83-480 are
    utilized, $2,134,000, of which $1,075,000 may be transferred to and
    merged with the appropriation for ``Foreign Agricultural Service,
    Salaries and Expenses'', and of which $1,059,000 may be transferred to
    and merged with the appropriation for ``Farm Service Agency, Salaries
    and Expenses''.

             Public Law 480 Title I Ocean Freight Differential Grants

                          (including transfer of funds)

        For ocean freight differential costs for the shipment of
    agricultural commodities under title I of the Agricultural Trade
    Development and Assistance Act of 1954 and under the Food for Progress
    Act of 1985, $28,000,000, to remain available until expended: Provided,
    That funds made available for the cost of agreements under title I of
    the Agricultural Trade Development and Assistance Act of 1954 and for
    title I ocean freight differential may be used interchangeably between
    the two accounts with prior notice to the Committees on Appropriations
    of both Houses of Congress.

                          Public Law 480 Title II Grants

        For expenses during the current fiscal year, not otherwise
    recoverable, and unrecovered prior years' costs, including interest
    thereon, under the Agricultural Trade Development and Assistance Act of
    1954, for commodities supplied in connection with dispositions abroad
    under title II of said Act, $1,192,000,000, to remain available until
    expended.

       McGOVERN-DOLE INTERNATIONAL FOOD FOR EDUCATION AND CHILD NUTRITION
                                 PROGRAM GRANTS

        For necessary expenses to carry out the provisions of section 3107
    of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 1736o-
    1), $50,000,000, to remain available until expended: Provided, That the
    Commodity Credit Corporation is authorized to provide the services,
    facilities, and authorities for the purpose of implementing such
    section, subject to reimbursement from amounts provided herein.

            Commodity Credit Corporation Export Loans Program Account

                          (including transfers of funds)

        For administrative expenses to carry out the Commodity Credit
    Corporation's export guarantee program, GSM 102 and GSM 103,
    $4,152,000; to cover common overhead expenses as permitted by section
    11 of the Commodity Credit Corporation Charter Act and in conformity
    with the Federal Credit Reform Act of 1990, of which $3,306,000 may be
    transferred to and merged with the appropriation for ``Foreign
    Agricultural Service, Salaries and Expenses'', and of which $846,000
    may be transferred to and merged with the appropriation for ``Farm
    Service Agency, Salaries and Expenses''.

                                    TITLE VI

               RELATED AGENCIES AND FOOD AND DRUG ADMINISTRATION

                    DEPARTMENT OF HEALTH AND HUMAN SERVICES

                          Food and Drug Administration

                              Salaries and Expenses

        For necessary expenses of the Food and Drug Administration,
    including hire and purchase of passenger motor vehicles; for payment of
    space rental and related costs pursuant to Public Law 92-313 for
    programs and activities of the Food and Drug Administration which are
    included in this Act; for rental of special purpose space in the
    District of Columbia or elsewhere; for miscellaneous and emergency
    expenses of enforcement activities, authorized and approved by the
    Secretary and to be accounted for solely on the Secretary's
    certificate, not to exceed $25,000; and notwithstanding section 521 of
    Public Law 107-188; $1,673,441,000: Provided, That of the amount
    provided under this heading, $249,825,000 shall be derived from
    prescription drug user fees authorized by 21 U.S.C. 379h, and shall be
    credited to this account and remain available until expended;
    $31,654,000 shall be derived from medical device user fees authorized
    by 21 U.S.C. 379j, and shall be credited to this account and remain
    available until expended; and $5,000,000 shall be derived from animal
    drug user fees (subject to enactment of legislation authorizing such
    fees), and shall be credited to this account and remain available until
    expended: Provided further, That fees derived from prescription drug,
    medical device, and animal drug assessments received during fiscal year
    2004, including any such fees assessed prior to the current fiscal year
    but credited during the current year, shall be subject to the fiscal
    year 2004 limitation: Provided further, That none of these funds shall
    be used to develop, establish, or operate any program of user fees
    authorized by 31 U.S.C. 9701: Provided further, That of the total
    amount appropriated: (1) $413,112,000 shall be for the Center for Food
    Safety and Applied Nutrition and related field activities in the Office
    of Regulatory Affairs; (2) $477,966,000 shall be for the Center for
    Drug Evaluation and Research and related field activities in the Office
    of Regulatory Affairs; (3) $169,429,000 shall be for the Center for
    Biologics Evaluation and Research and for related field activities in
    the Office of Regulatory Affairs; (4) $89,396,000 shall be for the
    Center for Veterinary Medicine and for related field activities in the
    Office of Regulatory Affairs; (5) $209,420,000 shall be for the Center
    for Devices and Radiological Health and for related field activities in
    the Office of Regulatory Affairs; (6) $39,887,000 shall be for the
    National Center for Toxicological Research; (7) $39,276,000 shall be
    for Rent and Related activities, other than the amounts paid to the
    General Services Administration for rent; (8) $119,594,000 shall be for
    payments to the General Services Administration for rent; and (9)
    $115,361,000 shall be for other activities, including the Office of the
    Commissioner; the Office of Management and Systems; the Office of
    External Relations; the Office of Policy and Planning; and central
    services for these offices: Provided further, That funds may be
    transferred from one specified activity to another with the prior
    approval of the Committees on Appropriations of both Houses of
    Congress.
        In addition, mammography user fees authorized by 42 U.S.C. 263b may
    be credited to this account, to remain available until expended.
        In addition, export certification user fees authorized by 21 U.S.C.
    381 may be credited to this account, to remain available until
    expended.

                             buildings and facilities

        For plans, construction, repair, improvement, extension,
    alteration, and purchase of fixed equipment or facilities of or used by
    the Food and Drug Administration, where not otherwise provided,
    $7,000,000 to remain available until expended.

                              INDEPENDENT AGENCIES

                      Commodity Futures Trading Commission

        For necessary expenses to carry out the provisions of the Commodity
    Exchange Act (7 U.S.C. 1 et seq.), including the purchase and hire of
    passenger motor vehicles, and the rental of space (to include multiple
    year leases) in the District of Columbia and elsewhere, $90,435,000,
    including not to exceed $3,000 for official reception and
    representation expenses.

                           Farm Credit Administration

                      Limitation on Administrative Expenses

        Not to exceed $40,900,000 (from assessments collected from farm
    credit institutions and from the Federal Agricultural Mortgage
    Corporation) shall be obligated during the current fiscal year for
    administrative expenses as authorized under 12 U.S.C. 2249: Provided,
    That this limitation shall not apply to expenses associated with
    receiverships.

                         TITLE VII--GENERAL PROVISIONS

        Sec. 701. Within the unit limit of cost fixed by law,
    appropriations and authorizations made for the Department of
    Agriculture for the current fiscal year under this Act shall be
    available for the purchase, in addition to those specifically provided
    for, of not to exceed 398 passenger motor vehicles, of which 396 shall
    be for replacement only, and for the hire of such vehicles.
        Sec. 702. Funds in this Act available to the Department of
    Agriculture shall be available for uniforms or allowances therefor as
    authorized by law (5 U.S.C. 5901-5902).
        Sec. 703. Funds appropriated by this Act shall be available for
    employment pursuant to the second sentence of section 706(a) of the
    Department of Agriculture Organic Act of 1944 (7 U.S.C. 2225) and 5
    U.S.C. 3109.
        Sec. 704. The Secretary of Agriculture may transfer unobligated
    balances of discretionary funds appropriated by this Act or other
    available unobligated discretionary balances of the Department of
    Agriculture to the Working Capital Fund for the acquisition of plant
    and capital equipment necessary for the delivery of financial,
    administrative, and information technology services of primary benefit
    to the agencies of the Department of Agriculture: Provided, That none
    of the funds made available by this Act or any other Act shall be
    transferred to the Working Capital Fund without the prior approval of
    the agency administrator: Provided further, That none of the funds
    transferred to the Working Capital Fund pursuant to this section shall
    be available for obligation without the prior approval of the
    Committees on Appropriations of both Houses of Congress.
        Sec. 705. New obligational authority provided for the following
    appropriation items in this Act shall remain available until expended:
    Animal and Plant Health Inspection Service, the contingency fund to
    meet emergency conditions, information technology infrastructure, fruit
    fly program, emerging plant pests, boll weevil program, and up to 25
    percent of the screwworm program; Food Safety and Inspection Service,
    field automation and information management project; Cooperative State
    Research, Education, and Extension Service, funds for competitive
    research grants (7 U.S.C. 450i(b)), funds for the Research, Education,
    and Economics Information System (REEIS), and funds for the Native
    American Institutions Endowment Fund; Farm Service Agency, salaries and
    expenses funds made available to county committees; Foreign
    Agricultural Service, middle-income country training program and up to
    $2,000,000 of the Foreign Agricultural Service appropriation solely for
    the purpose of offsetting fluctuations in international currency
    exchange rates, subject to documentation by the Foreign Agricultural
    Service.
        Sec. 706. 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. 707. Not to exceed $50,000 of the appropriations available to
    the Department of Agriculture in this Act shall be available to provide
    appropriate orientation and language training pursuant to section 606C
    of the Act of August 28, 1954 (7 U.S.C. 1766b).
        Sec. 708. No funds appropriated by this Act may be used to pay
    negotiated indirect cost rates on cooperative agreements or similar
    arrangements between the United States Department of Agriculture and
    nonprofit institutions in excess of 10 percent of the total direct cost
    of the agreement when the purpose of such cooperative arrangements is
    to carry out programs of mutual interest between the two parties. This
    does not preclude appropriate payment of indirect costs on grants and
    contracts with such institutions when such indirect costs are computed
    on a similar basis for all agencies for which appropriations are
    provided in this Act.
        Sec. 709. None of the funds in this Act shall be available to
    restrict the authority of the Commodity Credit Corporation to lease
    space for its own use or to lease space on behalf of other agencies of
    the Department of Agriculture when such space will be jointly occupied.
        Sec. 710. None of the funds in this Act shall be available to pay
    indirect costs charged against competitive agricultural research,
    education, or extension grant awards issued by the Cooperative State
    Research, Education, and Extension Service that exceed 20 percent of
    total Federal funds provided under each award: Provided, That
    notwithstanding section 1462 of the National Agricultural Research,
    Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3310), funds
    provided by this Act for grants awarded competitively by the
    Cooperative State Research, Education, and Extension Service shall be
    available to pay full allowable indirect costs for each grant awarded
    under section 9 of the Small Business Act (15 U.S.C. 638).
        Sec. 711. Notwithstanding any other provision of this Act, all loan
    levels provided in this Act shall be considered estimates, not
    limitations.
        Sec. 712. Appropriations to the Department of Agriculture for the
    cost of direct and guaranteed loans made available in the current
    fiscal year shall remain available until expended to cover obligations
    made in the current fiscal year for the following accounts: the Rural
    Development Loan Fund program account, the Rural Telephone Bank program
    account, the Rural Electrification and Telecommunication Loans program
    account, the Rural Housing Insurance Fund program account, and the
    Rural Economic Development Loans program account.
        Sec. 713. None of the funds in this Act may be used to retire more
    than 5 percent of the Class A stock of the Rural Telephone Bank or to
    maintain any account or subaccount within the accounting records of the
    Rural Telephone Bank the creation of which has not specifically been
    authorized by statute: Provided, That notwithstanding any other
    provision of law, none of the funds appropriated or otherwise made
    available in this Act may be used to transfer to the Treasury or to the
    Federal Financing Bank any unobligated balance of the Rural Telephone
    Bank telephone liquidating account which is in excess of current
    requirements and such balance shall receive interest as set forth for
    financial accounts in section 505(c) of the Federal Credit Reform Act
    of 1990.
        Sec. 714. Of the funds made available by this Act, not more than
    $1,800,000 shall be used to cover necessary expenses of activities
    related to all advisory committees, panels, commissions, and task
    forces of the Department of Agriculture, except for panels used to
    comply with negotiated rule makings and panels used to evaluate
    competitively awarded grants.
        Sec. 715. None of the funds appropriated by this Act may be used to
    carry out section 410 of the Federal Meat Inspection Act (21 U.S.C.
    679a) or section 30 of the Poultry Products Inspection Act (21 U.S.C.
    471).
        Sec. 716. No employee of the Department of Agriculture may be
    detailed or assigned from an agency or office funded by this Act to any
    other agency or office of the Department for more than 30 days unless
    the individual's employing agency or office is fully reimbursed by the
    receiving agency or office for the salary and expenses of the employee
    for the period of assignment.
        Sec. 717. None of the funds appropriated or otherwise made
    available to the Department of Agriculture shall be used to transmit or
    otherwise make available to any non-Department of Agriculture employee
    questions or responses to questions that are a result of information
    requested for the appropriations hearing process.
        Sec. 718. None of the funds made available to the Department of
    Agriculture by this Act may be used to acquire new information
    technology systems or significant upgrades, as determined by the Office
    of the Chief Information Officer, without the approval of the Chief
    Information Officer and the concurrence of the Executive Information
    Technology Investment Review Board: Provided, That notwithstanding any
    other provision of law, none of the funds appropriated or otherwise
    made available by this Act may be transferred to the Office of the
    Chief Information Officer without the prior approval of the Committees
    on Appropriations of both Houses of Congress.
        Sec. 719. (a) None of the funds provided by this Act, or provided
    by previous Appropriations Acts to the agencies funded by this Act that
    remain available for obligation or expenditure in the current fiscal
    year, or provided from any accounts in the Treasury of the United
    States derived by the collection of fees available to the agencies
    funded by this Act, shall be available for obligation or expenditure
    through a reprogramming of funds which: (1) creates new programs; (2)
    eliminates a program, project, or activity; (3) increases funds or
    personnel by any means for any project or activity for which funds have
    been denied or restricted; (4) relocates an office or employees; (5)
    reorganizes offices, programs, or activities; or (6) contracts out or
    privatizes any functions or activities presently performed by Federal
    employees; unless the Committees on Appropriations of both Houses of
    Congress are notified 15 days in advance of such reprogramming of
    funds.
        (b) None of the funds provided by this Act, or provided by previous
    Appropriations Acts to the agencies funded by this Act that remain
    available for obligation or expenditure in the current fiscal year, or
    provided from any accounts in the Treasury of the United States derived
    by the collection of fees available to the agencies funded by this Act,
    shall be available for obligation or expenditure for activities,
    programs, or projects through a reprogramming of funds in excess of
    $500,000 or 10 percent, whichever is less, that: (1) augments existing
    programs, projects, or activities; (2) reduces by 10 percent funding
    for any existing program, project, or activity, or numbers of personnel
    by 10 percent as approved by Congress; or (3) results from any general
    savings from a reduction in personnel which would result in a change in
    existing programs, activities, or projects as approved by Congress;
    unless the Committees on Appropriations of both Houses of Congress are
    notified 15 days in advance of such reprogramming of funds.
        (c) The Secretary of Agriculture, the Secretary of Health and Human
    Services, or the Chairman of the Commodity Futures Trading Commission
    shall notify the Committees on Appropriations of both Houses of
    Congress before implementing a program or activity not carried out
    during the previous fiscal year unless the program or activity is
    funded by this Act or specifically funded by any other Act.
        Sec. 720. With the exception of funds needed to administer and
    conduct oversight of grants awarded and obligations incurred in prior
    fiscal years, none of the funds appropriated or otherwise made
    available by this or any other Act may be used to pay the salaries and
    expenses of personnel to carry out the provisions of section 401 of
    Public Law 105-185, the Initiative for Future Agriculture and Food
    Systems (7 U.S.C. 7621).
        Sec. 721. None of the funds appropriated by this or any other Act
    shall be used to pay the salaries and expenses of personnel who prepare
    or submit appropriations language as part of the President's Budget
    submission to the Congress of the United States for programs under the
    jurisdiction of the Appropriations Subcommittees on Agriculture, Rural
    Development, Food and Drug Administration, and Related Agencies that
    assumes revenues or reflects a reduction from the previous year due to
    user fees proposals that have not been enacted into law prior to the
    submission of the Budget unless such Budget submission identifies which
    additional spending reductions should occur in the event the user fees
    proposals are not enacted prior to the date of the convening of a
    committee of conference for the fiscal year 2005 appropriations Act.
        Sec. 722. None of the funds made available by this or any other Act
    may be used to close or relocate a State Rural Development office
    unless or until cost effectiveness and enhancement of program delivery
    have been determined.
        Sec. 723. In addition to amounts otherwise appropriated or made
    available by this Act, $3,000,000 is appropriated for the purpose of
    providing Bill Emerson and Mickey Leland Hunger Fellowships, as
    authorized by Public Law 108-58.
        Sec. 724. Notwithstanding section 412 of the Agricultural Trade
    Development and Assistance Act of 1954 (7 U.S.C. 1736f), any balances
    available to carry out title III of such Act as of the date of
    enactment of this Act, and any recoveries and reimbursements that
    become available to carry out title III of such Act, may be used to
    carry out title II of such Act.
        Sec. 725. Of any shipments of commodities made pursuant to section
    416(b) of the Agricultural Act of 1949 (7 U.S.C. 1431(b)), the
    Secretary of Agriculture shall, to the extent practicable, direct that
    tonnage equal in value to not more than $25,000,000 shall be made
    available to foreign countries to assist in mitigating the effects of
    the Human Immunodeficiency Virus and Acquired Immune Deficiency
    Syndrome on communities, including the provision of--
            (1) agricultural commodities to--
                (A) individuals with Human Immunodeficiency Virus or
            Acquired Immune Deficiency Syndrome in the communities; and
                (B) households in the communities, particularly individuals
            caring for orphaned children; and
            (2) agricultural commodities monetized to provide other
        assistance (including assistance under microcredit and
        microenterprise programs) to create or restore sustainable
        livelihoods among individuals in the communities, particularly
        individuals caring for orphaned children.
        Sec. 726. Section 375(e)(6)(B) of the Consolidated Farm and Rural
    Development Act (7 U.S.C. 2008j(e)(6)(B)) is amended by striking
    ``$26,499,000'' and inserting ``$26,998,000''.
        Sec. 727. Notwithstanding any other provision of law, the Natural
    Resources Conservation Service may provide financial and technical
    assistance through the Watershed and Flood Prevention Operations
    program for the Kuhn Bayou and Ditch 26 Improvement projects in
    Arkansas, the Matanuska River erosion control project in Alaska, the
    DuPage County Sawmill Creek Watershed project in Illinois, and the Coal
    Creek project in Utah, and four flood control structures in Marmaton,
    Kansas.
        Sec. 728. Notwithstanding any other provision of law, the Secretary
    shall consider the County of Lawrence, Ohio; the City of Havelock,
    North Carolina; the City of Portsmouth, Ohio; the City of Binghamton,
    New York; the Town of Vestal, New York; the City of Ithaca, New York;
    the City of Casa Grande, Arizona; the City of Clarksdale, Mississippi;
    the City of Coachella, California; the City of Salinas, California; the
    City of Watsonville, California; the City of Hollister, California; the
    Municipality of Carolina, Puerto Rico; and the City of Kinston, North
    Carolina, as meeting the eligibility requirements for loans and grants
    programs in the Rural Development mission area.
        Sec. 729. Notwithstanding any other provision of law, the Natural
    Resources Conservation Service shall provide financial and technical
    assistance to the DuPage County, Illinois, Kress Creek Watershed Plan,
    from funds available for the Watershed and Flood Prevention Operations
    program, not to exceed $1,600,000 and Rockhouse Creek Watershed, Leslie
    County, Kentucky, not to exceed $1,000,000.
        Sec. 730. 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 or any other appropriation Act.
        Sec. 731. None of the funds made available to the Food and Drug
    Administration by this Act shall be used to close or relocate, or to
    plan to close or relocate, the Food and Drug Administration Division of
    Pharmaceutical Analysis in St. Louis, Missouri, outside the city or
    county limits of St. Louis, Missouri.
        Sec. 732. Agencies and offices of the Department of Agriculture may
    utilize any unobligated salaries and expenses funds to reimburse the
    Office of the General Counsel for salaries and expenses of personnel,
    and for other related expenses, incurred in representing such agencies
    and offices in the resolution of complaints by employees or applicants
    for employment, and in cases and other matters pending before the Equal
    Employment Opportunity Commission, the Federal Labor Relations
    Authority, or the Merit Systems Protection Board with the prior
    approval of the Committees on Appropriations of both Houses of
    Congress.
        Sec. 733. Notwithstanding any other provision of law, of the funds
    made available in this Act for competitive research grants (7 U.S.C.
    450i(b)), the Secretary may use up to 20 percent of the amount provided
    to carry out a competitive grants program under the same terms and
    conditions as those provided in section 401 of the Agricultural
    Research, Extension, and Education Reform Act of 1998 (7 U.S.C. 7621),
    including requests for proposals for grants for critical emerging
    issues described in section 401(c)(1) of that Act for which the
    Secretary has not issued requests for proposals for grants in fiscal
    year 2002 or 2003.
        Sec. 734. None of the funds appropriated or made available by this
    or any other Act may be used to pay the salaries and expenses of
    personnel to carry out section 14(h)(1) of the Watershed Protection and
    Flood Prevention Act (16 U.S.C. 1012(h)(1)).
        Sec. 735. Notwithstanding any other provision of law, the Natural
    Resources Conservation Service shall provide financial and technical
    assistance through the Watershed and Flood Prevention Operations
    program to carry out the Upper Tygart Valley Watershed project, West
    Virginia: Provided, That the Natural Resources Conservation Service is
    authorized to provide 100 percent of the engineering assistance and 75
    percent cost share for installation of the water supply component of
    this project.
        Sec. 736. None of the funds appropriated or made available by this
    or any other Act may be used to pay the salaries and expenses of
    personnel to carry out subtitle I of the Consolidated Farm and Rural
    Development Act (7 U.S.C. 2009dd through dd-7).
        Sec. 737. None of the funds appropriated or made available by this
    or any other Act may be used to pay the salaries and expenses of
    personnel to carry out section 6405 of Public Law 107-171 (7 U.S.C.
    2655).
        Sec. 738. None of the funds appropriated or otherwise made
    available by this Act shall be used to pay the salaries and expenses of
    personnel to carry out the provisions of sections 7404(a)(1) and
    7404(c)(1) of Public Law 107-171.
        Sec. 739. The Agricultural Marketing Service and the Grain
    Inspection, Packers and Stockyards Administration, that have statutory
    authority to purchase interest bearing investments outside of the
    Treasury, are not required to establish obligations and outlays for
    those investments, provided those investments are insured by the
    Federal Deposit Insurance Corporation or are collateralized at the
    Federal Reserve with securities approved by the Federal Reserve,
    operating under the guidelines of the United States Department of the
    Treasury.
        Sec. 740. Of the funds made available under section 27(a) of the
    Food Stamp Act of 1977 (7 U.S.C. 2011 et seq.), the Secretary may use
    up to $10,000,000 for costs associated with the distribution of
    commodities.
        Sec. 741. None of the funds appropriated or otherwise made
    available by this or any other Act shall be used to pay the salaries
    and expenses of personnel to enroll in excess of 189,144 acres in the
    calendar year 2004 wetlands reserve program as authorized by 16 U.S.C.
    3837.
        Sec. 742. None of the funds made available in fiscal year 2004 or
    preceding fiscal years for programs authorized under the Agricultural
    Trade Development and Assistance Act of 1954 (7 U.S.C. 1691 et seq.) in
    excess of $20,000,000 shall be used to reimburse the Commodity Credit
    Corporation for the release of eligible commodities under section
    302(f)(2)(A) of the Bill Emerson Humanitarian Trust Act (7 U.S.C.
    1736f-1): Provided, That any such funds made available to reimburse the
    Commodity Credit Corporation shall only be used pursuant to section
    302(b)(2)(B)(i) of the Bill Emerson Humanitarian Trust Act.
        Sec. 743. None of the funds appropriated or otherwise made
    available by this or any other Act shall be used to pay the salaries
    and expenses of personnel who carry out an environmental quality
    incentives program authorized by chapter 4 of subtitle D of title XII
    of the Food Security Act of 1985 (16 U.S.C. 3839aa et seq.) in excess
    of $975,000,000.
        Sec. 744. Notwithstanding any other provision of law, the Natural
    Resources Conservation Service may provide from appropriated funds
    financial and technical assistance to the Dry Creek project, Utah.
        Sec. 745. The Secretary of Agriculture is authorized to permit
    employees of the United States Department of Agriculture to carry and
    use firearms for personal protection while conducting field work in
    remote locations in the performance of their official duties.
        Sec. 746. None of the funds appropriated or otherwise made
    available by this or any other Act shall be used to pay the salaries
    and expenses of personnel to expend the $23,000,000 made available by
    section 9006(f) of the Farm Security and Rural Investment Act of 2002
    (7 U.S.C. 8106(f)).
        Sec. 747. Access to Broadband Telecommunications Services in Rural
    Areas. None of the funds appropriated or otherwise made available by
    this or any other Act shall be used to pay the salaries and expenses of
    personnel to expend the $20,000,000 made available by section
    601(j)(1)(A) of the Rural Electrification Act of 1936 (7 U.S.C.
    950bb(j)(1)(A)) for fiscal year 2004.
        Sec. 748. None of the funds appropriated or otherwise made
    available by this or any other Act shall be used to pay the salaries
    and expenses of personnel to expend the $40,000,000 made available by
    section 231(b)(4) of the Agricultural Risk Protection Act of 2000 (7
    U.S.C. 1621 note) for fiscal year 2004.
        Sec. 749. Section 285 of the Agricultural Marketing Act of 1946 (16
    U.S.C. 1638d et seq.) is amended by striking ``2004'' and inserting
    ``2006, except for `farm-raised fish' and `wild fish' which shall be
    September 30, 2004''.
        Sec. 750. (a) Notwithstanding subsections (c) and (e)(2) of section
    313A of the Rural Electrification Act (7 U.S.C. 940c(c) and (e)(2)) in
    implementing section 313A of that Act, the Secretary shall, with the
    consent of the lender, structure the schedule for payment of the annual
    fee, not to exceed an average of 30 basis points per year for the term
    of the loan, to ensure that sufficient funds are available to pay the
    subsidy costs for note guarantees under that section.
        (b) The Secretary shall publish a proposed rule to carry out
    section 313A of the Rural Electrification Act of 1936 within 60 days of
    enactment of this Act.
        Sec. 751. Any unobligated balances in the Alternative Agricultural
    Research and Commercialization Revolving Fund are hereby rescinded.
        Sec. 752. Not more than $41,443,000 for fiscal year 2004 of the
    funds appropriated or otherwise made available by this or any other Act
    shall be used to carry out the conservation security program
    established under subchapter A of chapter 2 of subtitle D of title XII
    of the Food Security Act of 1985 (16 U.S.C. 3838 et seq.).
        Sec. 753. None of the funds appropriated or otherwise made
    available by this or any other Act shall be used to pay the salaries
    and expenses of personnel to carry out a ground and surface water
    conservation program authorized by section 2301 of Public Law 107-171,
    the Farm Security and Rural Investment Act of 2002, in excess of
    $51,000,000.
        Sec. 754. None of the funds appropriated or otherwise made
    available by this or any other Act shall be used to pay the salaries
    and expenses of personnel to carry out section 2502 of Public Law 107-
    171, the Farm Security and Rural Investment Act of 2002, in excess of
    $42,000,000.
        Sec. 755. None of the funds appropriated or otherwise made
    available by this or any other Act shall be used to pay the salaries
    and expenses of personnel to carry out section 2503 of Public Law 107-
    171, the Farm Security and Rural Investment Act of 2002, in excess of
    $112,044,000.
        Sec. 756. (a) Assistance for Commercial Tree Losses.--The Secretary
    of Agriculture shall use $5,000,000 of the funds of the Commodity
    Credit Corporation to provide assistance under the Tree Assistance
    Program, subtitle C of title X of the Farm Security and Rural
    Investment Act of 2002 (7 U.S.C. 8201 et seq.), to tree-fruit growers
    located in a federally declared disaster area in the State of New York
    who suffered tree losses in 2003 as a result of an April 4-6, 2003,
    icestorm.
        (b) The Secretary of Agriculture shall use $10,000,000 of the funds
    of the Commodity Credit Corporation, to remain available until
    expended, to compensate commercial citrus and lime growers in the State
    of Florida for tree replacement and for lost production with respect to
    trees removed to control citrus canker, and with respect to certified
    citrus nursery stocks within the citrus canker quarantine areas, as
    determined by the Secretary. For a grower to receive assistance for a
    tree under this section, the tree must have been removed after
    September 30, 2001.
        Sec. 757. There is hereby appropriated $1,500,000 to carry out
    section 6028 of Public Law 107-171, the Farm Security and Rural
    Investment Act of 2002: Provided, That notwithstanding section
    383B(g)(1) of the Consolidated Farm and Rural Development Act (7 U.S.C.
    2009bb-1(g)(1)), the Federal share of the administrative expenses of
    the Northern Great Plains Regional Authority for fiscal year 2004 shall
    be 100 percent.
        Sec. 758. Section 204(a)(3) of the Agricultural Trade Development
    and Assistance Act of 1954 (7 U.S.C. 1724(a)(3)) is amended by striking
    ``the Committee on Foreign Affairs'' through ``the Committee on'' and
    inserting ``the Committees on International Relations, Agriculture and
    Appropriations of the House of Representatives, and the Committees on
    Appropriations and''.
        Sec. 759. None of the funds appropriated or made available by this
    or any other Act may be used to pay the salaries and expenses of
    personnel to carry out section 6029 of Public Law 107-171, the Farm
    Security and Rural Investment Act of 2002: Provided, That this section
    shall not apply to activities related to the promulgation of
    regulations or the receipt and review of applications for the Rural
    Business Investment Program.
        Sec. 760. None of the funds appropriated or otherwise made
    available in this Act shall be expended to violate Public Law 105-264.
        Sec. 761. Cost-Sharing for Animal and Plant Health Emergency
    Programs. None of the funds made available by this Act may be used to
    issue a final rule in furtherance of, or otherwise implement, the
    proposed rule on cost-sharing for animal and plant health emergency
    programs of the Animal and Plant Health Inspection Service published on
    July 8, 2003 (Docket No. 02-062-1; 68 Fed. Reg. 40541).
        Sec. 762. Agencies and offices of the Department of Agriculture may
    utilize any available discretionary funds to cover the costs of
    preparing, or contracting for the preparation of, final agency
    decisions regarding complaints of discrimination in employment or
    program activities arising within such agencies and offices.
        Sec. 763. Notwithstanding any other provision of law, for any
    fiscal year, in the case of a high cost isolated rural area in Alaska
    that is not connected to a road system, the maximum level for the
    single family housing assistance shall be 150 percent of the average
    income level in the metropolitan areas of the State and 115 percent of
    all other eligible areas of the State.
        Sec. 764. There is hereby appropriated $1,000,000, to remain
    available until expended, for the Denali Commission to address
    deficiencies in solid waste disposal sites which threaten to
    contaminate rural drinking water supplies.
        Sec. 765. Notwithstanding any other provision of law, the Secretary
    shall consider the City of Vicksburg, Mississippi; the City of
    Aberdeen, South Dakota; and the City of Starkville, Mississippi as
    meeting the requirements of a rural area contained in section 520 of
    the Housing Act of 1949 (42 U.S.C. 1490) until receipt of the decennial
    Census for the year 2010.
        Sec. 766. Notwithstanding any other provision of law, the Secretary
    shall consider the City of Berlin, New Hampshire; the City of Guymon,
    Oklahoma; the City of Shawnee, Oklahoma; and the City of Altus,
    Oklahoma, to be eligible for loans and grants provided through the
    Rural Community Advancement Program until receipt of the decennial
    Census in the year 2010.
        Sec. 767. None of the funds made available in this Act may be used
    to study, complete a study of, or enter into a contract with a private
    party to carry out, without specific authorization in a subsequent Act
    of Congress, a competitive sourcing activity of the Secretary of
    Agriculture, including support personnel of the Department of
    Agriculture, relating to rural development or farm loan programs.
        Sec. 768. Section 501(b)(5)(B) of the Housing Act of 1949 (42
    U.S.C. 1471(b)(5)(B) is amended by striking ``for fiscal years 2002 and
    2003,''.
        Sec. 769. Agricultural Management Assistance. Section 524(b)(4)(B)
    of the Federal Crop Insurance Act (7 U.S.C. 1524(b)(4)(B)) is amended--
            (1) in clause (i), by striking ``clause (ii)'' and inserting
        ``clauses (ii) and (iii)''; and
            (2) by adding at the end the following:
                    ``(iii) Certain uses.--Of the amounts made available to
                carry out this subsection for each of fiscal years 2004
                through 2007 the Commodity Credit Corporation shall use not
                less than--

                        ``(I) $14,000,000 to carry out subparagraphs (A),
                    (B), and (C) of paragraph (2) through the Natural
                    Resources Conservation Service;
                        ``(II) $1,000,000 to provide organic certification
                    cost share assistance through the Agricultural
                    Marketing Service; and
                        ``(III) $5,000,000 to conduct activities to carry
                    out subparagraph (F) of paragraph (2) through the Risk
                    Management Agency.''.

        Sec. 770. Hereafter, no funds provided in this or any other Act
    shall be available to the Secretary of Agriculture acting through the
    Foreign Agricultural Service to promote the sale or export of tobacco
    or tobacco products.
        Sec. 771. (a) In General.--Section 3(o)(4) of the Food Stamp Act of
    1977, as amended (7 U.S.C. 2012(o)(4), is amended by inserting before
    the period at the end the following: ``, and except that on October 1,
    2003, in the case of households residing in Alaska and Hawaii the
    Secretary may not reduce the cost of such diet in effect on September
    30, 2002''.
        (b) Effective Date.--The amendment made by subsection (a) shall be
    effective beginning on September 30, 2003.
        Sec. 772. Section 601(b)(2) of the Rural Electrification Act of
    1936 (7 U.S.C. 950bb(b)(2)) is amended to read as follows:
            ``(2) Eligible rural community.--The term `eligible rural
        community' means any area of the United States that is not
        contained in an incorporated city or town with a population in
        excess of 20,000 inhabitants.''.
        Sec. 773. Notwithstanding any other provision of law, for all
    activities under programs of the Rural Development Mission Area within
    the County of Honolulu, Hawaii, the Secretary may designate any portion
    of the county as a rural area or eligible rural community that the
    Secretary determines is not urban in character: Provided, That the
    Secretary shall not include in any such rural area or eligible rural
    community any area included in the Honolulu Census Designated Place as
    determined by the Secretary of Commerce.
        Sec. 774. The first sentence of section 306(g)(1) of the National
    Housing Act (12 U.S.C. 1721(g)(1)) is amended--
            (1) by striking ``or title V of the Housing Act of 1949''; and
            (2) by inserting after ``1944'' the following: ``, title V of
        the Housing Act of 1949,''.
        Sec. 775. Notwithstanding the provisions of the Consolidated Farm
    and Rural Development Act (including the associated regulations)
    governing the Community Facilities Program, the Secretary may allow all
    Community Facility Program facility borrowers and grantees to enter
    into contracts with not-for-profit third parties for services
    consistent with the requirements of the Program, grant, and/or loan:
    Provided, That the contracts protect the interests of the Government
    regarding cost, liability, maintenance, and administrative fees.
        Sec. 776. Notwithstanding any other provision of law, the Secretary
    of Agriculture may use appropriations available to the Secretary for
    activities authorized under sections 426-426c of title 7, United States
    Code, under this or any other Act, to enter into cooperative
    agreements, with a State, political subdivision, or agency thereof, a
    public or private agency, organization, or any other person, to lease
    aircraft if the Secretary determines that the objectives of the
    agreement will: (1) serve a mutual interest of the parties to the
    agreement in carrying out the programs administered by the Animal Plant
    Health Inspection Service, Wildlife Service; and (2) all parties will
    contribute resources to the accomplishment of these objectives; award
    of a cooperative agreement authorized by the Secretary may be made for
    an initial term not to exceed 5 years.
        Sec. 777. Citrus Canker Assistance. Section 211 of the Agricultural
    Assistance Act of 2003 (117 Stat. 545) is amended--
            (1) in the section heading, by inserting ``tree replacement
        and'' after ``for''; and
            (2) in subsection (a), by inserting ``tree replacement and''
        after ``Florida for''.
        Sec. 778. Sun Grant Research Initiative. (a) Short Title.--This
    section may be cited as the ``Sun Grant Research Initiative Act of
    2003''.
        (b) Research, Extension, and Educational Programs on Biobased
    Energy Technologies and Products.--Title IX of the Farm Security and
    Rural Investment Act of 2002 (7 U.S.C. 8101 et seq.) is amended by
    adding at the end the following:

    ``SEC. 9011. RESEARCH, EXTENSION, AND EDUCATIONAL PROGRAMS ON BIOBASED
                  ENERGY TECHNOLOGIES AND PRODUCTS.

        ``(a) Purposes.--The purposes of the programs established under
    this section are--
            ``(1) to enhance national energy security through the
        development, distribution, and implementation of biobased energy
        technologies;
            ``(2) to promote diversification in, and the environmental
        sustainability of, agricultural production in the United States
        through biobased energy and product technologies;
            ``(3) to promote economic diversification in rural areas of the
        United States through biobased energy and product technologies; and
            ``(4) to enhance the efficiency of bioenergy and biomass
        research and development programs through improved coordination and
        collaboration between the Department of Agriculture, the Department
        of Energy, and the land-grant colleges and universities.
        ``(b) Definitions.--In this section:
            ``(1) Land-grant colleges and universities.--The term `land-
        grant colleges and universities' means--
                ``(A) 1862 Institutions (as defined in section 2 of the
            Agricultural Research, Extension, and Education Reform Act of
            1998 (7 U.S.C. 7601));
                ``(B) 1890 Institutions (as defined in section 2 of that
            Act) and West Virginia State College; and
                ``(C) 1994 Institutions (as defined in section 2 of that
            Act).
            ``(2) Secretary.--The term `Secretary' means the Secretary of
        Agriculture.
        ``(c) Establishment.--To carry out the purposes described in
    subsection (a), the Secretary shall establish programs under which--
            ``(1) the Secretary shall provide grants to sun grant centers
        specified in subsection (d); and
            ``(2) the sun grant centers shall use the grants in accordance
        with this section.
        ``(d) Grants to Centers.--The Secretary shall use amounts made
    available for a fiscal year under subsection (j) to provide a grants in
    equal amounts to each of the following sun grant centers:
            ``(1) North-central center.--A north-central sun grant center
        at South Dakota State University for the region composed of the
        States of Illinois, Indiana, Iowa, Minnesota, Montana, Nebraska,
        North Dakota, South Dakota, Wisconsin, and Wyoming.
            ``(2) Southeastern center.--A southeastern sun grant center at
        the University of Tennessee at Knoxville for the region composed
        of--
                ``(A) the States of Alabama, Florida, Georgia, Kentucky,
            Mississippi, North Carolina, South Carolina, Tennessee, and
            Virginia;
                ``(B) the Commonwealth of Puerto Rico; and
                ``(C) the United States Virgin Islands.
            ``(3) South-central center.--A south-central sun grant center
        at Oklahoma State University for the region composed of the States
        of Arkansas, Colorado, Kansas, Louisiana, Missouri, New Mexico,
        Oklahoma, and Texas.
            ``(4) Western center.--A western sun grant center at Oregon
        State University for the region composed of--
                ``(A) the States of Alaska, Arizona, California, Hawaii,
            Idaho, Nevada, Oregon, Utah, and Washington; and
                ``(B) territories and possessions of the United States
            (other than the territories referred to in subparagraphs (B)
            and (C) of paragraph (2)).
            ``(5) Northeastern center.--A northeastern sun grant center at
        Cornell University for the region composed of the States of
        Connecticut, Delaware, Massachusetts, Maryland, Maine, Michigan,
        New Hampshire, New Jersey, New York, Ohio, Pennsylvania, Rhode
        Island, Vermont, and West Virginia.
        ``(e) Use of Funds.--
            ``(1) Centers of excellence.--Of the amount of funds that are
        made available for a fiscal year to a sun grant center under
        subsection (d), the center shall use not more than 25 percent of
        the amount for administration to support excellence in science,
        engineering, and economics at the center to promote the purposes
        described in subsection (a) through the State agricultural
        experiment station, cooperative extension services, and relevant
        educational programs of the university.
            ``(2) Grants to land-grant colleges and universities.--
                ``(A) In general.--The sun grant center established for a
            region shall use the funds that remain available for a fiscal
            year after expenditures made under paragraph (1) to provide
            competitive grants to land-grant colleges and universities in
            the region of the sun grant center to conduct, consistent with
            the purposes described in subsection (a), multiinstitutional
            and multistate--
                    ``(i) research, extension, and educational programs on
                technology development; and
                    ``(ii) integrated research, extension, and educational
                programs on technology implementation.
                ``(B) Programs.--Of the amount of funds that are used to
            provide grants for a fiscal year under subparagraph (A), the
            center shall use--
                    ``(i) not less than 30 percent of the funds to carry
                out programs described in subparagraph (A)(i); and
                    ``(ii) not less than 30 percent of the funds to carry
                out programs described in subparagraph (A)(ii).
            ``(3) Indirect costs.--A sun grant center may not recover the
        indirect costs of making grants under paragraph (2) to other land-
        grant colleges and universities.
        ``(f) Plan.--
            ``(1) In general.--Subject to the availability of funds under
        subsection (j), in cooperation with other land-grant colleges and
        universities and private industry in accordance with paragraph (2),
        the sun grant centers shall jointly develop and submit to the
        Secretary, for approval, a plan for addressing at the State and
        regional levels the bioenergy, biomass, and gasification research
        priorities of the Department of Agriculture and the Department of
        Energy for the making of grants under paragraphs (1) and (2) of
        subsection (e).
            ``(2) Gasification coordination.--
                ``(A) In general.--In developing the plan under paragraph
            (1) with respect to gasification research, the sun grant
            centers identified in paragraphs (1) and (2) of subsection (d)
            shall coordinate with land grant colleges and universities in
            their respective regions that have ongoing research activities
            with respect to the research.
                ``(B) Funding.--Funds made available under subsection (d)
            to the sun grant center identified in subsection (e)(2) shall
            be available to carry out planning coordination under paragraph
            (1) of this subsection.
        ``(g) Grants to Other Land-Grant Colleges and Universities.--
            ``(1) Priority for grants.--In making grants under subsection
        (e)(2), a sun grant center shall give a higher priority to programs
        that are consistent with the plan approved by the Secretary under
        subsection (f).
            ``(2) Term of grants.--The term of a grant provided by a sun
        grant center under subsection (e)(2) shall not exceed 5 years.
        ``(h) Grant Information Analysis Center.--The sun grant centers
    shall maintain a Sun Grant Information Analysis Center at the sun grant
    center specified in subsection (d)(1) to provide sun grant centers
    analysis and data management support.
        ``(i) Annual Reports.--Not later than 90 days after the end of a
    year for which a sun grant center receives a grant under subsection
    (d), the sun grant center shall submit to the Secretary a report that
    describes the policies, priorities, and operations of the program
    carried out by the center during the year, including a description of
    progress made in facilitating the priorities described in subsection
    (f).
        ``(j) Authorization of Appropriations.--
            ``(1) In general.--There are authorized to be appropriated to
        carry out this section--
                ``(A) $25,000,000 for fiscal year 2005;
                ``(B) $50,000,000 for fiscal year 2006; and
                ``(C) $75,000,000 for each of fiscal years 2007 through
            2010.
            ``(2) Grant information analysis center.--Of amounts made
        available under paragraph (1), not more than $4,000,000 for each
        fiscal year shall be made available to carry out subsection (h).''.
        Sec. 779. Rural Electrification. For fiscal year 2004, the
    Secretary of Agriculture may use any unobligated carryover funds made
    available for any program administered by the Rural Utilities Service
    (not including funds made available under the heading ``Rural Community
    Advancement Program'' in any Act of appropriation) to carry out section
    315 of the Rural Electrification Act of 1936 (7 U.S.C. 940e).
        Sec. 780. Limitation on Allocation of Purchase Prices for Butter
    and Nonfat Dry Milk. None of the funds made available by this Act may
    be used to pay the salaries or expenses of employees of the Department
    of Agriculture to allocate the rate of price support between the
    purchase prices for nonfat dry milk and butter in a manner that does
    not support the price of milk in accordance with section 1501(b) of the
    Farm Security and Rural Investment Act of 2002 (7 U.S.C. 7981(b)).
        Sec. 781. Emergency Watershed Protection Program. Notwithstanding
    any other provision of law, the Secretary of Agriculture is authorized
    to make funding and other assistance available through the emergency
    watershed protection program under section 403 of the Agricultural
    Credit Act of 1978 (16 U.S.C. 2203) to repair and prevent damage to
    non-Federal land in watersheds that have been impaired by fires
    initiated by the Federal Government and to waive cost sharing
    requirements for the funding and assistance.
        Sec. 782. The Secretary may waive the requirements regarding small
    and emerging rural business as authorized under the Rural Business
    Enterprise Grant program for the purpose of a lease for the Oakridge
    Oregon Industrial Park.
        Sec. 783. Water and Waste Disposal Grant to the Alaska Department
    of Community and Economic Development. Notwithstanding any other
    provision of law--
            (1) the Alaska Department of Community and Economic Development
        shall be eligible to receive a water and waste disposal grant under
        section 306(a) of the Consolidated Farm and Rural Development Act
        (7 U.S.C. 1926(a)) in an amount that is equal to not more than 75
        percent of the total cost of providing water and sewer service to
        the proposed hospital in the Matanuska-Susitna Borough, Alaska; and
            (2) the Alaska Department of Community and Economic Development
        shall be allowed to pass the grant funds through to the local
        government entity that will provide water and sewer service to the
        hospital.
        Sec. 784. None of the funds provided in this Act may be used for
    salaries and expenses to carry out any regulation or rule insofar as it
    would make ineligible for enrollment in the conservation reserve
    program established under subchapter B of chapter 1 of subtitle D of
    title XII of the Food Security Act of 1985 (16 U.S.C. 3831 et seq.)
    land that is planted to hardwood trees as of the date of enactment of
    this Act and was enrolled in the conservation reserve program under a
    contract that expired prior to calendar year 2002.
        Sec. 785. Water and Waste Disposal Grant to the City of Postville,
    Iowa. Notwithstanding any other provision of law, the City of
    Postville, Iowa, shall be eligible to receive a water and waste
    disposal grant under section 306(a) of the Consolidated Farm and Rural
    Development Act (7 U.S.C. 1926(a)) in an amount that is equal to not
    more than 75 percent of the total cost of providing water and sewer
    service in the city.
        Sec. 786. None of the funds appropriated or otherwise made
    available by this Act shall be used to pay the salaries and expenses of
    personnel to implement a reorganization of regional conservationists
    and/or regional offices of the Natural Resources Conservation Service
    without the prior approval of the Committees on Appropriations.
        Sec. 787. Of the unobligated balance available to the Food Safety
    and Inspection Service for the field automation and information
    management project at the beginning of fiscal year 2004, $5,000,000 is
    hereby rescinded.
        Sec. 788. The matter under the heading ``Integrated Activities'' in
    division A--Agriculture, Rural Development, Food and Drug
    Administration, and Related Agencies Programs Appropriations, 2003,
    title I--Agricultural Programs, in Public Law 108-7 is amended by
    striking ``7 U.S.C. 3291'' and inserting ``7 U.S.C. 3292b''.
        Sec. 789. Notwithstanding any other provision of law, the City of
    Great Falls, Montana, shall be considered a rural area for purposes of
    eligibility for business and industry guaranteed loans under section
    310B(a)(1) of the Consolidated Farm and Rural Development Act (7 U.S.C.
    1932(a)(1)).
        This division may be cited as the ``Agriculture, Rural Development,
    Food and Drug Administration, and Related Agencies Appropriations Act,
    2004''.

    DIVISION B--DEPARTMENTS OF COMMERCE, JUSTICE, AND STATE, THE JUDICIARY,
                 AND RELATED AGENCIES APPROPRIATIONS ACT, 2004

                                     An Act

      Making appropriations for the Departments of Commerce, Justice, and
     State, the Judiciary, and related agencies for the fiscal year ending
                   September 30, 2004, and for other purposes.

    That the following sums are appropriated, out of any money in the
    Treasury not otherwise appropriated, for the fiscal year ending
    September 30, 2004, and for other purposes, namely:

                         TITLE I--DEPARTMENT OF JUSTICE

                             General Administration

                              salaries and expenses

        For expenses necessary for the administration of the Department of
    Justice, $106,687,000, of which not to exceed $3,317,000 is for the
    Facilities Program 2000, to remain available until expended: Provided,
    That not to exceed 43 permanent positions and 44 full-time equivalent
    workyears and $10,172,000 shall be expended for the Department
    Leadership Program exclusive of augmentation that occurred in these
    offices in fiscal year 2003: Provided further, That not to exceed 26
    permanent positions, 21 full-time equivalent workyears and $3,114,000
    shall be expended for the Office of Legislative Affairs: Provided
    further, That not to exceed 15 permanent positions, 20 full-time
    equivalent workyears and $1,875,000 shall be expended for the Office of
    Public Affairs: Provided further, That the latter two aforementioned
    offices may utilize non-reimbursable details of career employees within
    the caps described in the preceding two provisos.

                         joint automated booking system

        For expenses necessary for the nationwide deployment of a Joint
    Automated Booking System including automated capability to transmit
    fingerprint and image data, $19,176,000, to remain available until
    September 30, 2005.

              integrated automated fingerprint identification system

        For necessary expenses for the planning, development, and
    deployment of an integrated fingerprint identification system,
    including automated capability to transmit fingerprint and image data,
    $5,100,000, to remain available until September 30, 2005.

                        legal activities office automation

        For necessary expenses related to the design, development,
    engineering, acquisition, and implementation of office automation
    systems for the organizations funded under the headings ``Salaries and
    Expenses, General Legal Activities'', and ``General Administration,
    Salaries and Expenses'', and the United States Attorneys, the United
    States Marshals Service, the Antitrust Division, the United States
    Trustee Program, the Executive Office for Immigration Review, the
    Community Relations Service, the Bureau of Prisons, the Office of
    Justice Programs and the United States Parole Commission, $27,034,000,
    to remain available until September 30, 2005.

                            narrowband communications

        For the costs of conversion to narrowband communications, including
    the cost for operation and maintenance of Land Mobile Radio legacy
    systems, $103,171,000, to remain available until September 30, 2005:
    Provided, That the Attorney General shall transfer to the ``Narrowband
    Communications'' account all funds made available to the Department of
    Justice for the purchase of portable and mobile radios: Provided
    further, That any transfer made under the preceding proviso shall be
    subject to section 605 of this Act.

                              Counterterrorism Fund

        For necessary expenses, as determined by the Attorney General,
    $1,000,000, to remain available until expended, to reimburse any
    Department of Justice organization for: (1) the costs incurred in
    reestablishing the operational capability of an office or facility
    which has been damaged or destroyed as a result of any domestic or
    international terrorist incident; and (2) the costs of providing
    support to counter, investigate or prosecute domestic or international
    terrorism, including payment of rewards in connection with these
    activities: Provided, That any Federal agency may be reimbursed for the
    costs of detaining in foreign countries individuals accused of acts of
    terrorism that violate the laws of the United States: Provided further,
    That funds provided under this paragraph shall be available only after
    the Attorney General notifies the Committees on Appropriations of the
    House of Representatives and the Senate in accordance with section 605
    of this Act.

                        Administrative Review and Appeals

        For expenses necessary for the administration of pardon and
    clemency petitions and immigration-related activities, $193,530,000.

                                Detention Trustee

        For necessary expenses of the Federal Detention Trustee who shall
    exercise all power and functions authorized by law relating to the
    detention of Federal prisoners in non-Federal institutions or otherwise
    in the custody of the United States Marshals Service, $814,097,000, to
    remain available until expended: Provided, That the Trustee shall be
    responsible for managing the Justice Prisoner and Alien Transportation
    System and for overseeing housing related to such detention; the
    management of funds appropriated to the Department of Justice for the
    exercise of any detention functions; and the direction of the United
    States Marshals Service with respect to the exercise of detention
    policy setting and operations for the Department: Provided further,
    That any unobligated balances available in prior years from the funds
    appropriated under the heading ``Federal Prisoner Detention'' shall be
    transferred to and merged with the appropriation under the heading
    ``Detention Trustee'' and shall be available until expended: Provided
    further, That the Trustee, working in consultation with the Bureau of
    Prisons, shall submit a plan for collecting information related to
    evaluating the health and safety of Federal prisoners in non-Federal
    institutions no later than 180 days following the enactment of this
    Act.

                           Office of Inspector General

        For necessary expenses of the Office of Inspector General,
    $60,840,000, including not to exceed $10,000 to meet unforeseen
    emergencies of a confidential character.

                        United States Parole Commission

                              Salaries and Expenses

        For necessary expenses of the United States Parole Commission as
    authorized, $10,609,000.

                                Legal Activities

                 Salaries and Expenses, General Legal Activities

        For expenses necessary for the legal activities of the Department
    of Justice, not otherwise provided for, including not to exceed $20,000
    for expenses of collecting evidence, to be expended under the direction
    of, and to be accounted for solely under the certificate of, the
    Attorney General; and rent of private or Government-owned space in the
    District of Columbia, $620,533,000, of which not to exceed $10,000,000
    for litigation support contracts shall remain available until expended,
    and of which not less than $1,996,000 shall be available for necessary
    administrative expenses in accordance with the Radiation Exposure
    Compensation Act: Provided, That of the total amount appropriated, not
    to exceed $1,000 shall be available to the United States National
    Central Bureau, INTERPOL, for official reception and representation
    expenses: Provided further, That notwithstanding any other provision of
    law, upon a determination by the Attorney General that emergent
    circumstances require additional funding for litigation activities of
    the Civil Division, the Attorney General may transfer such amounts to
    ``Salaries and Expenses, General Legal Activities'' from available
    appropriations for the current fiscal year for the Department of
    Justice, as may be necessary to respond to such circumstances: Provided
    further, That any transfer pursuant to the previous proviso shall be
    treated as a reprogramming under section 605 of this Act and shall not
    be available for obligation or expenditure except in compliance with
    the procedures set forth in that section.
        In addition, for reimbursement of expenses of the Department of
    Justice associated with processing cases under the National Childhood
    Vaccine Injury Act of 1986, not to exceed $4,028,000, to be
    appropriated from the Vaccine Injury Compensation Trust Fund.

                   salaries and expenses, antitrust division

        For expenses necessary for the enforcement of antitrust and kindred
    laws, $133,133,000, to remain available until expended: Provided, That,
    notwithstanding any other provision of law, not to exceed $112,000,000
    of offsetting collections derived from fees collected for premerger
    notification filings under the Hart-Scott-Rodino Antitrust Improvements
    Act of 1976 (15 U.S.C. 18a), regardless of the year of collection,
    shall be retained and used for necessary expenses in this
    appropriation, and shall remain available until expended: Provided
    further, That the sum herein appropriated from the general fund shall
    be reduced as such offsetting collections are received during fiscal
    year 2004, so as to result in a final fiscal year 2004 appropriation
    from the general fund estimated at not more than $21,133,000.

                  Salaries and Expenses, United States Attorneys

        For necessary expenses of the Offices of the United States
    Attorneys, including inter-governmental and cooperative agreements,
    $1,526,253,000; of which not to exceed $2,500,000 shall be available
    until September 30, 2005, for: (1) training personnel in debt
    collection; (2) locating debtors and their property; (3) paying the net
    costs of selling property; and (4) tracking debts owed to the United
    States Government: Provided, That of the total amount appropriated, not
    to exceed $8,000 shall be available for official reception and
    representation expenses: Provided further, That not to exceed
    $10,000,000 of those funds available for automated litigation support
    contracts shall remain available until expended: Provided further, That
    not to exceed $2,500,000 for the operation of the National Advocacy
    Center shall remain available until expended: Provided further, That,
    in addition to reimbursable full-time equivalent workyears available to
    the Offices of the United States Attorneys, not to exceed 10,113
    positions and 10,298 full-time equivalent workyears shall be supported
    from the funds appropriated in this Act for the United States
    Attorneys: Provided further, That of the funds made available under
    this heading, $1,500,000 shall only be available to continue
    ``Operation Streetsweeper'': Provided further, That of the total amount
    appropriated, $6,898,000 shall be for Project Seahawk and shall remain
    available until expended.

                        United States Trustee System Fund

        For necessary expenses of the United States Trustee Program, as
    authorized, $166,157,000, to remain available until expended and to be
    derived from the United States Trustee System Fund: Provided, That,
    notwithstanding any other provision of law, deposits to the Fund shall
    be available in such amounts as may be necessary to pay refunds due
    depositors: Provided further, That, notwithstanding any other provision
    of law, $166,157,000 of offsetting collections pursuant to 28 U.S.C.
    589a(b) shall be retained and used for necessary expenses in this
    appropriation and remain available until expended: Provided further,
    That the sum herein appropriated from the Fund shall be reduced as such
    offsetting collections are received during fiscal year 2004, so as to
    result in a final fiscal year 2004 appropriation from the Fund
    estimated at $0.

           Salaries and Expenses, Foreign Claims Settlement Commission

        For expenses necessary to carry out the activities of the Foreign
    Claims Settlement Commission, including services as authorized by 5
    U.S.C. 3109, $1,206,000.

              Salaries and Expenses, United States Marshals Service

        For necessary expenses of the United States Marshals Service,
    $719,777,000; of which not less than $11,476,000 shall only be
    available for fugitive apprehension task forces; of which $17,403,000
    shall be available for 106 supervisory deputy marshal positions for
    courthouse security; of which not to exceed $6,000 shall be available
    for official reception and representation expenses; of which $4,000,000
    shall remain available until expended; of which not less than
    $13,394,000 shall be available for the costs of courthouse security
    equipment, including furnishings, relocations, and telephone systems
    and cabling, and shall remain available until September 30, 2005:
    Provided, That, in addition to reimbursable full-time equivalent
    workyears available to the United States Marshals Service, not to
    exceed 4,400 positions and 4,259 full-time equivalent workyears shall
    be supported from the funds appropriated in this Act for the United
    States Marshals Service.

                                   Construction

        For planning, constructing, renovating, equipping, and maintaining
    United States Marshals Service prisoner-holding space in United States
    courthouses and Federal buildings, including the renovation and
    expansion of prisoner movement areas, elevators, and sallyports,
    $14,066,000, to remain available until September 30, 2006.

                          Fees and Expenses of Witnesses

        For fees and expenses of witnesses, for expenses of contracts for
    the procurement and supervision of expert witnesses, for private
    counsel expenses, including advances, $156,145,000, to remain available
    until expended; of which not to exceed $8,000,000 may be made available
    for planning, construction, renovations, maintenance, remodeling, and
    repair of buildings, and the purchase of equipment incident thereto,
    for protected witness safesites; of which not to exceed $1,000,000 may
    be made available for the purchase and maintenance of armored vehicles
    for transportation of protected witnesses; and of which not to exceed
    $5,000,000 may be made available for the purchase, installation, and
    maintenance of secure telecommunications equipment and a secure
    automated information network to store and retrieve the identities and
    locations of protected witnesses.

                Salaries and Expenses, Community Relations Service

        For necessary expenses of the Community Relations Service,
    $9,526,000 and, in addition, up to $1,000,000 of funds made available
    to the Department of Justice in this Act may be transferred by the
    Attorney General to this account: Provided, That notwithstanding any
    other provision of law, upon a determination by the Attorney General
    that emergent circumstances require additional funding for conflict
    resolution and violence prevention activities of the Community
    Relations Service, the Attorney General may transfer such amounts to
    the Community Relations Service, from available appropriations for the
    current fiscal year for the Department of Justice, as may be necessary
    to respond to such circumstances: Provided further, That any transfer
    pursuant to the previous proviso shall be treated as a reprogramming
    under section 605 of this Act and shall not be available for obligation
    or expenditure except in compliance with the procedures set forth in
    that section.

                              Assets Forfeiture Fund

        For expenses authorized by 28 U.S.C. 524(c)(1)(B), (F), and (G),
    $21,759,000, to be derived from the Department of Justice Assets
    Forfeiture Fund.

                        Federal Bureau of Investigation

                              Salaries and Expenses

        For necessary expenses of the Federal Bureau of Investigation for
    detection, investigation, and prosecution of crimes against the United
    States; including purchase for police-type use of not to exceed 2,454
    passenger motor vehicles, of which 1,843 will be for replacement only;
    and not to exceed $70,000 to meet unforeseen emergencies of a
    confidential character pursuant to 28 U.S.C. 530C, $4,566,798,000; of
    which not to exceed $65,000,000 for automated data processing and
    telecommunications and technical investigative equipment, and not to
    exceed $1,000,000 for undercover operations, shall remain available
    until September 30, 2005; of which $490,104,000 shall be for
    counterterrorism investigations, foreign counterintelligence, and other
    activities related to our national security; of which not less than
    $153,812,000 shall only be for Joint Terrorism Task Forces; and of
    which not to exceed $10,000,000 is authorized to be made available for
    making advances for expenses arising out of contractual or reimbursable
    agreements with State and local law enforcement agencies while engaged
    in cooperative activities related to violent crime, terrorism,
    organized crime, and drug investigations: Provided, That not to exceed
    $200,000 shall be available for official reception and representation
    expenses: Provided further, That, in addition to reimbursable full-time
    equivalent workyears available to the Federal Bureau of Investigation,
    not to exceed 28,900 positions and 27,096 full-time equivalent
    workyears shall be supported from the funds appropriated in this Act
    for the Federal Bureau of Investigation.

       foreign terrorist tracking task force/terrorist threat integration
                                     center

        For expenses necessary for the Foreign Terrorist Tracking Task
    Force, including salaries and expenses, operations, equipment, and
    facilities, $61,597,000: Provided, That funds appropriated in previous
    fiscal years under the heading ``Federal Bureau of Investigation,
    Salaries and Expenses'' may be available for activities associated with
    the Terrorist Threat Integration Center.

                                   Construction

        For necessary expenses to construct or acquire buildings and sites
    by purchase, or as otherwise authorized by law (including equipment for
    such buildings); conversion and extension of federally-owned buildings;
    and preliminary planning and design of projects; $11,174,000, to remain
    available until September 30, 2006.

                        Drug Enforcement Administration

                              Salaries and Expenses

        For necessary expenses of the Drug Enforcement Administration,
    including not to exceed $70,000 to meet unforeseen emergencies of a
    confidential character pursuant to 28 U.S.C. 530C; expenses for
    conducting drug education and training programs, including travel and
    related expenses for participants in such programs and the distribution
    of items of token value that promote the goals of such programs; and
    purchase of not to exceed 982 passenger motor vehicles, of which 886
    will be for replacement only, for police-type use, $1,601,327,000; of
    which not to exceed $33,000,000 for permanent change of station shall
    remain available until September 30, 2005; of which not to exceed
    $1,800,000 for research shall remain available until expended; of which
    not to exceed $4,000,000 for purchase of evidence and payments for
    information, not to exceed $10,000,000 for contracting for automated
    data processing and telecommunications equipment, and not to exceed
    $2,000,000 for laboratory equipment, $4,000,000 for technical
    equipment, and $2,000,000 for aircraft replacement retrofit and parts,
    shall remain available until September 30, 2005; and of which not to
    exceed $50,000 shall be available for official reception and
    representation expenses: Provided, That, in addition to reimbursable
    full-time equivalent workyears available to the Drug Enforcement
    Administration, not to exceed 8,358 positions and 8,018 full-time
    equivalent workyears shall be supported from the funds appropriated in
    this Act for the Drug Enforcement Administration.

                           Interagency Drug Enforcement

        For necessary expenses for the identification, investigation, and
    prosecution of individuals associated with the most significant drug
    trafficking and affiliated money laundering organizations not otherwise
    provided for, to include inter-governmental agreements with State and
    local law enforcement agencies engaged in the investigation and
    prosecution of individuals involved in organized crime drug
    trafficking, $556,465,000, of which $50,000,000 shall remain available
    until September 30, 2005: Provided, That any amounts obligated from
    appropriations under this heading may be used under authorities
    available to the organizations reimbursed from this appropriation:
    Provided further, That any unobligated balances remaining available at
    the end of the fiscal year shall revert to the Drug Enforcement
    Administrator for reallocation among participating organizations in
    succeeding fiscal years, subject to the reprogramming procedures set
    forth in section 605 of this Act.

              Bureau of Alcohol, Tobacco, Firearms and Explosives

                              salaries and expenses

        For necessary expenses of the Bureau of Alcohol, Tobacco, Firearms
    and Explosives, including the purchase of not to exceed 822 vehicles
    for police-type use, of which 650 shall be for replacement only; not to
    exceed $18,000 for official reception and representation expenses; for
    training of State and local law enforcement agencies with or without
    reimbursement, including training in connection with the training and
    acquisition of canines for explosives and fire accelerants detection;
    and for provision of laboratory assistance to State and local law
    enforcement agencies, with or without reimbursement, $836,087,000, of
    which not to exceed $1,000,000 shall be available for the payment of
    attorneys' fees as provided by 18 U.S.C. 924(d)(2): Provided, That no
    funds appropriated herein shall be available for salaries or
    administrative expenses in connection with consolidating or
    centralizing, within the Department of Justice, the records, or any
    portion thereof, of acquisition and disposition of firearms maintained
    by Federal firearms licensees: Provided further, That no funds
    appropriated herein shall be used to pay administrative expenses or the
    compensation of any officer or employee of the United States to
    implement an amendment or amendments to 27 CFR 178.118 or to change the
    definition of ``Curios or relics'' in 27 CFR 178.11 or remove any item
    from ATF Publication 5300.11 as it existed on January 1, 1994: Provided
    further, That none of the funds appropriated herein shall be available
    to investigate or act upon applications for relief from Federal
    firearms disabilities under 18 U.S.C. 925(c): Provided further, That
    such funds shall be available to investigate and act upon applications
    filed by corporations for relief from Federal firearms disabilities
    under section 925(c) of title 18, United States Code: Provided further,
    That no funds made available by this or any other Act may be used to
    transfer the functions, missions, or activities of the Bureau of
    Alcohol, Tobacco, Firearms, and Explosives to other agencies or
    Departments in fiscal year 2004: Provided further, That no funds
    appropriated under this or any other Act may be used to disclose to the
    public the contents or any portion thereof of any information required
    to be kept by licensees pursuant to section 923(g) of title 18, United
    States Code, or required to be reported pursuant to paragraphs (3) and
    (7) of section 923(g) of title 18, United States Code, except that this
    provision shall apply to any request for information made by any person
    or entity after January 1, 1998: Provided further, That no funds made
    available by this or any other Act shall be expended to promulgate or
    implement any rule requiring a physical inventory of any business
    licensed under section 923 of title 18, United States Code: Provided
    further, That no funds under this Act may be used to electronically
    retrieve information gathered pursuant to 18 U.S.C. 923(g)(4) by name
    or any personal identification code: Provided further, That
    subparagraphs (A) and (B) of 28 U.S.C. 530C(b)(2), are amended by
    inserting ``for the Bureau of Alcohol, Tobacco, Firearms and
    Explosives,'' after ``Marshals Service,'' in each subparagraph.

                             Federal Prison System

                              Salaries and Expenses

        For expenses necessary for the administration, operation, and
    maintenance of Federal penal and correctional institutions, including
    purchase (not to exceed 838, of which 535 are for replacement only) and
    hire of law enforcement and passenger motor vehicles, and for the
    provision of technical assistance and advice on corrections related
    issues to foreign governments, $4,461,257,000: Provided, That the
    Attorney General may transfer to the Health Resources and Services
    Administration such amounts as may be necessary for direct expenditures
    by that Administration for medical relief for inmates of Federal penal
    and correctional institutions: Provided further, That the Director of
    the Federal Prison System, where necessary, may enter into contracts
    with a fiscal agent/fiscal intermediary claims processor to determine
    the amounts payable to persons who, on behalf of the Federal Prison
    System, furnish health services to individuals committed to the custody
    of the Federal Prison System: Provided further, That not to exceed
    $6,000 shall be available for official reception and representation
    expenses: Provided further, That not to exceed $50,000,000 shall remain
    available for necessary operations until September 30, 2005: Provided
    further, That, of the amounts provided for Contract Confinement, not to
    exceed $20,000,000 shall remain available until expended to make
    payments in advance for grants, contracts and reimbursable agreements,
    and other expenses authorized by section 501(c) of the Refugee
    Education Assistance Act of 1980, for the care and security in the
    United States of Cuban and Haitian entrants: Provided further, That the
    Director of the Federal Prison System may accept donated property and
    services relating to the operation of the prison card program from a
    not-for-profit entity which has operated such program in the past
    notwithstanding the fact that such not-for-profit entity furnishes
    services under contracts to the Federal Prison System relating to the
    operation of pre-release services, halfway houses or other custodial
    facilities.

                             Buildings and Facilities

        For planning, acquisition of sites and construction of new
    facilities; purchase and acquisition of facilities and remodeling, and
    equipping of such facilities for penal and correctional use, including
    all necessary expenses incident thereto, by contract or force account;
    and constructing, remodeling, and equipping necessary buildings and
    facilities at existing penal and correctional institutions, including
    all necessary expenses incident thereto, by contract or force account,
    $397,700,000, to remain available until expended, of which not to
    exceed $14,000,000 shall be available to construct areas for inmate
    work programs: Provided, That labor of United States prisoners may be
    used for work performed under this appropriation: Provided further,
    That not to exceed 10 percent of the funds appropriated to ``Buildings
    and Facilities'' in this or any other Act may be transferred to
    ``Salaries and Expenses'', Federal Prison System, upon notification by
    the Attorney General to the Committees on Appropriations of the House
    of Representatives and the Senate in compliance with provisions set
    forth in section 605 of this Act.

                     Federal Prison Industries, Incorporated

        The Federal Prison Industries, Incorporated, is hereby authorized
    to make such expenditures, within the limits of funds and borrowing
    authority available, and in accord with the law, and to make such
    contracts and commitments, without regard to fiscal year limitations as
    provided by section 9104 of title 31, United States Code, as may be
    necessary in carrying out the program set forth in the budget for the
    current fiscal year for such corporation, including purchase (not to
    exceed five for replacement only) and hire of passenger motor vehicles.

        Limitation on Administrative Expenses, Federal Prison Industries,
                                  Incorporated

        Not to exceed $3,429,000 of the funds of the corporation shall be
    available for its administrative expenses, and for services as
    authorized by 5 U.S.C. 3109, to be computed on an accrual basis to be
    determined in accordance with the corporation's current prescribed
    accounting system, and such amounts shall be exclusive of depreciation,
    payment of claims, and expenditures which such accounting system
    requires to be capitalized or charged to cost of commodities acquired
    or produced, including selling and shipping expenses, and expenses in
    connection with acquisition, construction, operation, maintenance,
    improvement, protection, or disposition of facilities and other
    property belonging to the corporation or in which it has an interest.

                           Office of Justice Programs

                                Justice Assistance

        For grants, contracts, cooperative agreements, and other assistance
    authorized by title I of the Omnibus Crime Control and Safe Streets Act
    of 1968, the Missing Children's Assistance Act, including salaries and
    expenses in connection therewith, the Prosecutorial Remedies and Other
    Tools to end the Exploitation of Children Today Act of 2003 (Public Law
    108-21), and the Victims of Crime Act of 1984, $190,125,000, to remain
    available until expended.

                    STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE

        For grants, contracts, cooperative agreements, and other assistance
    authorized by the Violent Crime Control and Law Enforcement Act of 1994
    (Public Law 103-322) (``the 1994 Act''); the Omnibus Crime Control and
    Safe Streets Act of 1968 (``the 1968 Act''); the Victims of Trafficking
    and Violence Protection Act of 2000 (Public Law 106-386); and other
    programs; $1,297,684,000 (including amounts for administrative costs,
    which shall be transferred to and merged with the ``Justice
    Assistance'' account): Provided, That all balances under this heading
    for programs to address violence against women may be transferred to
    and merged with the appropriation for ``Violence Against Women
    Prevention and Prosecution Programs'': Provided further, That funding
    provided under this heading shall remain available until expended as
    follows:
            (1) $225,000,000 for Local Law Enforcement Block Grants,
        pursuant to H.R. 728 as passed by the House of Representatives on
        February 14, 1995, except that for purposes of this Act and
        retroactive to October 1, 2000, Guam shall be considered as one
        ``State'' for all purposes under H.R. 728, notwithstanding any
        provision of section 108(3) thereof, the Commonwealth of Puerto
        Rico shall be considered a ``unit of local government'' as well as
        a ``State'', for the purposes set forth in paragraphs (A), (B),
        (D), (F), and (I) of section 101(a)(2) of H.R. 728, and for
        establishing crime prevention programs involving cooperation
        between community residents and law enforcement personnel in order
        to control, detect, or investigate crime or the prosecution of
        criminals: Provided, That funding shall be available for the
        purposes authorized by part E of title I of the 1968 Act: Provided
        further, That no funds provided under this heading may be used as
        matching funds for any other Federal grant program, of which--
                (A) $80,000,000 shall be for Boys and Girls Clubs in public
            housing facilities and other areas in cooperation with State
            and local law enforcement, as authorized by section 401 of
            Public Law 104-294 (42 U.S.C. 13751 note);
                (B) $10,000,000 shall be available for grants, contracts,
            and other assistance to carry out section 102(c) of H.R. 728;
            and
                (C) $2,981,000 for USA Freedom Corps activities;
            (2) $300,000,000 for the State Criminal Alien Assistance
        Program, as authorized by section 242(j) of the Immigration and
        Nationality Act: Provided, That funds shall be disbursed only as a
        direct reimbursement for each State's documented cost for
        incarcerating undocumented criminal aliens;
            (3) $2,000,000 for the Cooperative Agreement Program for the
        improvement of State and local correctional facilities holding
        prisoners in custody of the United States Marshals Service;
            (4) $15,000,000 for assistance to Indian tribes, of which--
                (A) $2,000,000 shall be available for grants under section
            20109(a)(2) of subtitle A of title II of the 1994 Act;
                (B) $8,000,000 shall be available for the Tribal Courts
            Initiative; and
                (C) $5,000,000 shall be available for demonstration
            projects on alcohol and crime in Indian Country;
            (5) $659,117,000 for programs authorized by part E of title I
        of the 1968 Act, notwithstanding the provisions of section 511 of
        said Act, of which $159,117,000 shall be for discretionary grants
        under the Edward Byrne Memorial State and Local Law Enforcement
        Assistance Programs;
            (6) $10,000,000 for victim services programs for victims of
        trafficking, as authorized by section 107(b)(2) of Public Law 106-
        386;
            (7) $892,000 for the Missing Alzheimer's Disease Patient Alert
        Program, as authorized by section 240001(c) of the 1994 Act;
            (8) $38,500,000 for Drug Courts, as authorized by part EE of
        title I of the 1968 Act;
            (9) $2,000,000 for public awareness programs addressing
        marketing scams aimed at senior citizens, as authorized by section
        250005(3) of the 1994 Act;
            (10) $7,000,000 for a prescription drug monitoring program;
            (11) $37,175,000 for prison rape prevention and prosecution
        programs as authorized by the Prison Rape Elimination Act of 2003
        (Public Law 108-79), of which $2,175,000 shall be transferred to
        the National Prison Rape Reduction Commission for authorized
        activities; and
            (12) $1,000,000 for a State and local law enforcement hate
        crimes training and technical assistance program: Provided, That
        funds made available in fiscal year 2004 under subpart 1 of part E
        of title I of the 1968 Act may be obligated for programs to assist
        States in the litigation processing of death penalty Federal habeas
        corpus petitions and for drug testing initiatives: Provided
        further, That, if a unit of local government uses any of the funds
        made available under this title to increase the number of law
        enforcement officers, the unit of local government will achieve a
        net gain in the number of law enforcement officers who perform
        nonadministrative public safety service.

                            Weed and Seed Program Fund

        For necessary expenses, including salaries and related expenses of
    the Executive Office for Weed and Seed, to implement ``Weed and Seed''
    program activities, $58,542,000, to remain available until September
    30, 2005, for inter-governmental agreements, including grants,
    cooperative agreements, and contracts, with State and local law
    enforcement agencies, non-profit organizations, and agencies of local
    government engaged in the investigation and prosecution of violent
    crimes and drug offenses in ``Weed and Seed'' designated communities,
    and for either reimbursements or transfers to appropriation accounts of
    the Department of Justice and other Federal agencies which shall be
    specified by the Attorney General to execute the ``Weed and Seed''
    program strategy: Provided, That funds designated by Congress through
    language for other Department of Justice appropriation accounts for
    ``Weed and Seed'' program activities shall be managed and executed by
    the Attorney General through the Executive Office for Weed and Seed:
    Provided further, That the Attorney General may direct the use of other
    Department of Justice funds and personnel in support of ``Weed and
    Seed'' program activities only after the Attorney General notifies the
    Committees on Appropriations of the House of Representatives and the
    Senate in accordance with section 605 of this Act.

                       COMMUNITY ORIENTED POLICING SERVICES

        For activities authorized by the Violent Crime Control and Law
    Enforcement Act of 1994 (Public Law 103-322) (including administrative
    costs), $756,283,000, to remain available until expended: Provided,
    That funds that become available as a result of deobligations from
    prior year balances may not be obligated except in accordance with
    section 605 of this Act: Provided further, That of the funds under this
    heading, not to exceed $1,972,000 shall be available for the Office of
    Justice Programs for reimbursable services associated with programs
    administered by the Community Oriented Policing Services Office:
    Provided further, That section 1703(b) and (c) of the Omnibus Crime
    Control and Safe Streets Act of 1968 (``the 1968 Act'') shall not apply
    to non-hiring grants made pursuant to part Q of title I thereof (42
    U.S.C. 3796dd et seq.). Of the amounts provided--
            (1) $120,000,000 for the hiring of law enforcement officers,
        including $60,000,000 for school resource officers;
            (2) $25,000,000 for the matching grant program for Law
        Enforcement Armor Vests pursuant to section 2501 of part Y of the
        1968 Act;
            (3) $25,000,000 to improve tribal law enforcement including
        equipment and training;
            (4) $54,050,000 for policing initiatives to combat
        methamphetamine production and trafficking and to enhance policing
        initiatives in ``drug hot spots'';
            (5) $15,000,000 for Police Corps education and training:
        Provided, That the out-year program costs of new recruits shall be
        fully funded from funds currently available;
            (6) $158,407,000 for a law enforcement technology program;
            (7) $30,000,000 for grants to upgrade criminal records, as
        authorized under the Crime Identification Technology Act of 1998
        (42 U.S.C. 14601);
            (8) $100,000,000 for a DNA analysis and backlog reduction
        formula program, of which--
                (A) $55,000,000 shall be for eliminating casework backlogs;
                (B) $5,000,000 shall be for eliminating the offender
            backlog;
                (C) $30,000,000 shall be for strengthening crime lab
            capacity;
                (D) $5,000,000 shall be for training the criminal justice
            community; and
                (E) $5,000,000 shall be for using DNA to identify missing
            persons;
            (9) $10,000,000 for Paul Coverdell Forensic Sciences
        Improvement Grants under part BB of title I of the 1968 Act (42
        U.S.C. 3797j et seq.);
            (10) $30,000,000 for the Southwest Border Prosecutor Initiative
        to reimburse State, county, parish, tribal, or municipal
        governments only for costs associated with the prosecution of
        criminal cases declined by local United States Attorneys offices;
            (11) $5,000,000 for an offender re-entry program, as authorized
        by Public Law 107-273;
            (12) $10,000,000 for a police integrity program;
            (13) $30,000,000 for Project Safe Neighborhoods to reduce gun
        violence, and gang and drug-related crime;
            (14) $24,226,000 for grants, contracts and other assistance to
        States under section 102(b) of the Crime Identification Technology
        Act of 1998 (42 U.S.C. 14601), of which $5,000,000 is for the
        National Institute of Justice for grants, contracts, and other
        agreements to develop school safety technologies and training;
            (15) $85,000,000 for the COPS Interoperable Communications
        Technology Program;
            (16) $4,600,000 for the Safe Schools Initiative; and
            (17) not to exceed $30,000,000 for program management and
        administration.

            violence against women prevention and prosecution programs

        For grants, contracts, cooperative agreements, and other assistance
    for the prevention and prosecution of violence against women as
    authorized by the Omnibus Crime Control and Safe Streets Act of 1968
    (``the 1968 Act''); the Violent Crime Control and Law Enforcement Act
    of 1994 (Public Law 103-322) (``the 1994 Act''); the Victims of Child
    Abuse Act of 1990 (``the 1990 Act''); the Prosecutorial Remedies and
    Other Tools to end the Exploitation of Children Today Act of 2003
    (Public Law 108-21); and the Victims of Trafficking and Violence
    Protection Act of 2000 (Public Law 106-386); $387,629,000 (including
    amounts for administrative costs, which shall be transferred to and
    merged with the ``Justice Assistance'' account), to remain available
    until expended.
        Of the amount provided--
            (1) $11,897,000 for the court appointed special advocate
        program, as authorized by section 217 of the 1990 Act;
            (2) $2,281,000 for child abuse training programs for judicial
        personnel and practitioners, as authorized by section 222 of the
        1990 Act;
            (3) $994,000 for grants for televised testimony, as authorized
        by part N of the 1968 Act;
            (4) $168,334,000 for grants to combat violence against women,
        as authorized by part T of the 1968 Act, of which--
                (A) $5,200,000 shall be for the National Institute of
            Justice for research and evaluation of violence against women;
            and
                (B) $10,000,000 shall be for the Office of Juvenile Justice
            and Delinquency Prevention for the Safe Start Program, as
            authorized by the Juvenile Justice and Delinquency Act of 1974;
            (5) $64,503,000 for grants to encourage arrest policies as
        authorized by part U of the 1968 Act;
            (6) $39,685,000 for rural domestic violence and child abuse
        enforcement assistance grants, as authorized by section 40295 of
        the 1994 Act;
            (7) $4,957,000 for training programs as authorized by section
        40152 of the 1994 Act, and for related local demonstration
        projects;
            (8) $2,981,000 for grants to improve the stalking and domestic
        violence databases, as authorized by section 40602 of the 1994 Act;
            (9) $9,935,000 to reduce violent crimes against women on
        campus, as authorized by section 1108(a) of Public Law 106-386;
            (10) $39,740,000 for legal assistance for victims, as
        authorized by section 1201 of Public Law 106-386;
            (11) $4,968,000 for enhancing protection for older and disabled
        women from domestic violence and sexual assault as authorized by
        section 40802 of the 1994 Act;
            (12) $14,903,000 for the safe havens for children pilot program
        as authorized by section 1301 of Public Law 106-386;
            (13) $15,000,000 shall be for transitional housing assistance
        grants for victims of domestic violence, stalking or sexual assault
        as authorized by Public Law 108-21; and
            (14) $7,451,000 for education and training to end violence
        against and abuse of women with disabilities, as authorized by
        section 1402 of Public Law 106-386.

                            JUVENILE JUSTICE PROGRAMS

        For grants, contracts, cooperative agreements, and other assistance
    authorized by the Juvenile Justice and Delinquency Prevention Act of
    1974 (``the Act''), and other juvenile justice programs, including
    salaries and expenses in connection therewith to be transferred to and
    merged with the appropriations for Justice Assistance, $352,700,000, to
    remain available until expended, as follows--
            (1) $3,600,000 for concentration of Federal efforts, as
        authorized by section 204 of the Act;
            (2) $84,000,000 for State and local programs authorized by
        section 221 of the Act, including training and technical assistance
        to assist small, non-profit organizations with the Federal grants
        process;
            (3) $2,500,000 for research, evaluation, training and technical
        assistance, as authorized by sections 251 and 252 of the Act;
            (4) $79,600,000 for demonstration projects as authorized by
        sections 261 and 262 of the Act;
            (5) $80,000,000 for delinquency prevention, as authorized by
        section 505 of the Act, of which--
                (A) $10,000,000 shall be for the Tribal Youth program;
                (B) $20,000,000 shall be for a gang resistance education
            and training program to be coordinated with the Bureau of
            Alcohol, Tobacco, Firearms and Explosives; and
                (C) $25,000,000 shall be for grants of $360,000 to each
            State and $6,640,000 shall be available for discretionary
            grants to States, for programs and activities to enforce State
            laws prohibiting the sale of alcoholic beverages to minors or
            the purchase or consumption of alcoholic beverages by minors,
            prevention and reduction of consumption of alcoholic beverages
            by minors, and for technical assistance and training;
            (6) $5,000,000 for Project Childsafe;
            (7) $10,000,000 for the Secure Our Schools Act as authorized by
        Public Law 106-386;
            (8) $15,000,000 for Project Sentry to reduce youth gun
        violence, and gang and drug-related crime;
            (9) $13,000,000 for programs authorized by the Victims of Child
        Abuse Act of 1990; and
            (10) $60,000,000 for the Juvenile Accountability Block Grants
        program as authorized by Public Law 107-273 and Guam shall be
        considered a State:
    Provided, That not more than 10 percent of each amount in this section
    may be used for research, evaluation, and statistics activities
    designed to benefit the programs or activities authorized, and not more
    than 2 percent of each amount may be used for training and technical
    assistance.

                         Public Safety Officers Benefits

        To remain available until expended, for payments authorized by part
    L of title I of the Omnibus Crime Control and Safe Streets Act of 1968
    (42 U.S.C. 3796), such sums as are necessary, as authorized by section
    6093 of Public Law 100-690 (102 Stat. 4339-4340); and $3,000,000, to
    remain available until expended for payments as authorized by section
    1201(b) of said Act.

                   General Provisions--Department of Justice

                              (including rescission)

        Sec. 101. In addition to amounts otherwise made available in this
    title for official reception and representation expenses, a total of
    not to exceed $45,000 from funds appropriated to the Department of
    Justice in this title shall be available to the Attorney General for
    official reception and representation expenses.
        Sec. 102. None of the funds appropriated by this title shall be
    available to pay for an abortion, except where the life of the mother
    would be endangered if the fetus were carried to term, or in the case
    of rape: Provided, That should this prohibition be declared
    unconstitutional by a court of competent jurisdiction, this section
    shall be null and void.
        Sec. 103. None of the funds appropriated under this title shall be
    used to require any person to perform, or facilitate in any way the
    performance of, any abortion.
        Sec. 104. Nothing in the preceding section shall remove the
    obligation of the Director of the Bureau of Prisons to provide escort
    services necessary for a female inmate to receive such service outside
    the Federal facility: Provided, That nothing in this section in any way
    diminishes the effect of section 103 intended to address the
    philosophical beliefs of individual employees of the Bureau of Prisons.
        Sec. 105. Notwithstanding any other provision of law, not to exceed
    $10,000,000 of the funds made available in this Act may be used to
    establish and publicize a program under which publicly advertised,
    extraordinary rewards may be paid, which shall not be subject to
    spending limitations contained in sections 3059 and 3072 of title 18,
    United States Code: Provided, That any reward of $100,000 or more, up
    to a maximum of $2,000,000, may not be made without the personal
    approval of the President or the Attorney General and such approval may
    not be delegated: Provided further, That rewards made pursuant to
    section 501 of Public Law 107-56 shall not be subject to this section.
        Sec. 106. Not to exceed 5 percent of any appropriation made
    available for the current fiscal year for the Department of Justice in
    this Act may be transferred between such appropriations, but no such
    appropriation, except as otherwise specifically provided, shall be
    increased by more than 10 percent by any such transfers: Provided, That
    any transfer pursuant to this section shall be treated as a
    reprogramming of funds under section 605 of this Act and shall not be
    available for obligation except in compliance with the procedures set
    forth in that section.
        Sec. 107. Section 114 of Public Law 107-77 shall remain in effect
    during fiscal year 2004.
        Sec. 108. (a) Hereafter, the Attorney General is authorized to
    transfer, under such terms and conditions as the Attorney General shall
    specify, forfeited real or personal property of limited or marginal
    value, as such value is determined by guidelines established by the
    Attorney General, to a State or local government agency, or its
    designated contractor or transferee, for use to support drug abuse
    treatment, drug and crime prevention and education, housing, job
    skills, and other community-based public health and safety programs.
        (b) Any transfer under the preceding proviso shall not create or
    confer any private right of action in any person against the United
    States, and shall be treated as a reprogramming under section 605 of
    this Act.
        Sec. 109. Authorities contained in the 21st Century Department of
    Justice Appropriations Authorization Act (Public Law 107-273) shall
    remain in effect until the effective date of a subsequent Department of
    Justice appropriations authorization Act.
        Sec. 110. None of the funds appropriated or otherwise made
    available by this Act or any other Act to the Department of Justice
    shall be expended for the purpose of reimbursement or direct payments
    for the legal fees of an individual employed as an attorney in the
    Department of Justice for a matter in which the individual is the
    subject of a disciplinary recommendation for ethical misconduct by the
    Counsel for Professional Responsibility.
        Sec. 111. In addition to the amounts provided under ``Salaries and
    Expenses, United States Attorneys'', $15,000,000 shall be for Project
    Seahawk and shall remain available until expended.
        Sec. 112. (a)(1) None of the funds provided in this Act or
    hereafter may be used for courts or law enforcement officers for a
    tribe or village--
            (A) in which fewer than 25 Native members live in the village
        year round; or
            (B) that is located within the boundaries of the Fairbanks
        North Star Borough, the Matanuska Susitna Borough, the Municipality
        of Anchorage, the Kenai Peninsula Borough, the City and Borough of
        Juneau, the Sitka Borough, or the Ketchikan Borough.
        (2)(A) There is established an Alaska Rural Justice and Law
    Enforcement Commission (hereinafter ``Justice Commission''). The United
    States Attorney General shall appoint the Justice Commission which
    shall include a Federal Co-chairman, the Attorney General for the State
    of Alaska or his designee who shall act as the State Co-Chairman, the
    Commissioner of Public Safety for the State of Alaska, a representative
    from the Alaska Municipal League, a representative from an organized
    borough, a representative of the Alaska Federation of Natives, a tribal
    representative, a representative from a non-profit Native corporation
    that operates Village Public Safety Officer programs, and a
    representative from the Alaska Native Justice Center. The chief judge
    for the Federal District Court for the District of Alaska may also
    appoint a non-voting representative to provide technical support. The
    Justice Commission may hire such staff as is necessary to assist with
    its work.
        (B) The Justice Commission shall review Federal, State, local, and
    tribal jurisdiction over civil and criminal matters in Alaska but
    outside the Municipality of Anchorage, the Fairbanks North Star
    Borough, the Kenai Peninsula Borough, the Matanuska-Susitna Borough,
    the City and Borough of Juneau, the Sitka Borough, and the Ketchikan
    Borough. It shall make recommendations to Congress and the Alaska State
    Legislature no later than May 1, 2004, on options which shall include
    the following--
            (i) create a unified law enforcement system, court system, and
        system of local laws or ordinances for Alaska Native villages and
        communities of varying sizes including the possibility of first,
        second, and third class villages with different powers;
            (ii) meet the law enforcement and judicial personnel needs in
        rural Alaska including the possible use of cross deputization in a
        way that maximizes the existing resources of Federal, State, local,
        and tribal governments;
            (iii) address the needs to regulate alcoholic beverages
        including the prohibition of the sale, importation, use, or
        possession of alcoholic beverages and to provide restorative
        justice for persons who violate such laws including treatment; and
            (iv) address the problem of domestic violence and child abuse
        including treatment options and restorative justice.
        (b)(1) The General Accounting Office shall immediately begin a
    review of Federal programs benefitting rural communities in Alaska
    including the name of each program and the department or agency that
    administers it, the amount of funds provided to Alaska through each
    program, a list of the statutes and regulations governing use of funds
    for each program, and any data demonstrating the performance of each
    program. With respect to housing programs, the study shall determine
    the number of houses built by each Native housing authority including
    the cost per house. The Office shall submit a report of its findings to
    the House and Senate Committees on Appropriations, and to the Alaska
    Federation of Natives no later than April 30, 2004.
        (2) The Alaska Federation of Natives, in consultation with the
    Alaska Municipal League, may review the delivery of Federal programs in
    Alaska and make recommendations to the Congress to reduce duplication,
    improve and consolidate delivery of services, streamline application
    and administrative procedures, improve accountability, mandate
    performance measures, and other actions to reduce costs and improve
    efficiency.
        (c) The Federal Advisory Committee Act shall not apply to this
    section.
        (d) Amend the Denali Commission Act (title III of Public Law 105-
    277) by adding a new section as follows:
        ``Sec. 310. (a) The Federal Co-chairman of the Denali Commission
    shall appoint an Economic Development Committee to be chaired by the
    president of the Alaska Federation of Natives which shall include the
    Commissioner of Community and Economic Affairs for the State of Alaska,
    a representative from the Alaska Bankers Association, the chairman of
    the Alaska Permanent Fund, a representative from the Alaska State
    Chamber of Commerce, and a representative from each region. Of the
    regional representatives, at least two each shall be from Native
    regional corporations, Native non-profit corporations, tribes, and
    borough governments.
        ``(b) The Economic Development Committee is authorized to consider
    and approve applications from Regional Advisory Committees for grants
    and loans to promote economic development and promote private sector
    investment to reduce poverty in economically distressed rural villages.
    The Economic Development Committee may make mini-grants to individual
    applicants and may issue loans under such terms and conditions as it
    determines.
        ``(c) The State Co-chairman of the Denali Commission shall appoint
    a Regional Advisory Committee for each region which may include
    representatives from local, borough, and tribal governments, the Alaska
    Native non-profit corporation operating in the region, local Chambers
    of Commerce, and representatives of the private sector. Each Regional
    Advisory Committee shall develop a regional economic development plan
    for consideration by the Economic Development Committee.
        ``(d) The Economic Development Committee, in consultation with the
    First Alaskans Institute, may develop rural development performance
    measures linking economic growth to poverty reduction to measure the
    success of its program which may include economic, educational, social,
    and cultural indicators. The performance measures will be tested in one
    region for 2 years and evaluated by the University of Alaska before
    being deployed statewide. Thereafter, performance in each region shall
    be evaluated using the performance measures, and the Economic
    Development Committee shall not fund projects which do not demonstrate
    success.
        ``(e) Within the amounts made available annually to the Denali
    Commission for training, the Commission may make a grant to the First
    Alaskans Foundation upon submittal of an acceptable work plan to assist
    Alaska Natives and other rural residents in acquiring the skills and
    training necessary to participate fully in private sector business and
    economic and development opportunities through fellowships,
    scholarships, internships, public service programs, and other
    leadership initiatives.
        ``(f) The Committee shall sponsor a statewide economic development
    summit in consultation with the World Bank to evaluate the best
    practices for economic development worldwide and how they can be
    incorporated into regional economic development plans.
        ``(g) There is authorized to be appropriated such sums as may be
    necessary to the following agencies which shall be transferred to the
    Denali Commission as a direct lump sum payment to implement this
    section--
            ``(1) Department of Commerce, Economic Development
        Administration,
            ``(2) Department of Housing and Urban Development,
            ``(3) Department of the Interior, Bureau of Indian Affairs,
            ``(4) Department of Agriculture, Rural Development
        Administration, and
            ``(5) Small Business Administration.''.
        Sec. 113. For an additional amount for the ``Local Law Enforcement
    Block Grant'' program to be provided to the City of San Juan, Puerto
    Rico, $550,000.
        Sec. 114. Of the unobligated balances available to the Department
    of Justice from prior year appropriations with the exception of funds
    provided for counterterrorism activities, counterintelligence
    activities, white collar crime enforcement, organized crime
    enforcement, and drug enforcement, $100,000,000 are rescinded:
    Provided, That within 30 days after the date of the enactment of this
    section the Attorney General shall submit to the Committees on
    Appropriations of the House of Representatives and the Senate a report
    specifying the amount of each rescission made pursuant to this section.
        This title may be cited as the ``Department of Justice
    Appropriations Act, 2004''.

             TITLE II--DEPARTMENT OF COMMERCE AND RELATED AGENCIES

                      Trade and Infrastructure Development

                                RELATED AGENCIES

                Office of the United States Trade Representative

                              Salaries and Expenses

        For necessary expenses of the Office of the United States Trade
    Representative, including the hire of passenger motor vehicles and the
    employment of experts and consultants as authorized by 5 U.S.C. 3109,
    $41,994,000, of which $1,000,000 shall remain available until expended:
    Provided, That not to exceed $124,000 shall be available for official
    reception and representation expenses: Provided further, That not less
    than $2,000,000 provided under this heading shall be for expenses
    authorized by 19 U.S.C. 2451 and 1677b(c): Provided further, That
    negotiations shall be conducted within the World Trade Organization to
    recognize the right of members to distribute monies collected from
    antidumping and countervailing duties.

                         International Trade Commission

                              Salaries and Expenses

        For necessary expenses of the International Trade Commission,
    including hire of passenger motor vehicles, and services as authorized
    by 5 U.S.C. 3109, and not to exceed $2,500 for official reception and
    representation expenses, $58,295,000, to remain available until
    expended.

                             DEPARTMENT OF COMMERCE

                       International Trade Administration

                          Operations and Administration

        For necessary expenses for international trade activities of the
    Department of Commerce provided for by law, and for engaging in trade
    promotional activities abroad, including expenses of grants and
    cooperative agreements for the purpose of promoting exports of United
    States firms, without regard to 44 U.S.C. 3702 and 3703; full medical
    coverage for dependent members of immediate families of employees
    stationed overseas and employees temporarily posted overseas; travel
    and transportation of employees of the United States and Foreign
    Commercial Service between two points abroad, without regard to 49
    U.S.C. 40118; employment of Americans and aliens by contract for
    services; rental of space abroad for periods not exceeding 10 years,
    and expenses of alteration, repair, or improvement; purchase or
    construction of temporary demountable exhibition structures for use
    abroad; payment of tort claims, in the manner authorized in the first
    paragraph of 28 U.S.C. 2672 when such claims arise in foreign
    countries; not to exceed $327,000 for official representation expenses
    abroad; purchase of passenger motor vehicles for official use abroad,
    not to exceed $30,000 per vehicle; obtaining insurance on official
    motor vehicles; and rental of tie lines, $395,123,000, to remain
    available until expended, of which $13,000,000 is to be derived from
    fees to be retained and used by the International Trade Administration,
    notwithstanding 31 U.S.C. 3302: Provided, That $46,669,000 shall be for
    Manufacturing and Services; $38,204,000 shall be for Market Access and
    Compliance; $68,160,000 shall be for the Import Administration of which
    $3,000,000 is to establish an Office of China Compliance; $217,040,000
    shall be for the United States and Foreign Commercial Service of which
    $1,500,000 is for the Advocacy Center, $2,500,000 is for the Trade
    Information Center, and $2,100,000 is for a China and Middle East
    Business Center; and $25,050,000 shall be for Executive Direction and
    Administration: Provided further, That negotiations shall be conducted
    within the World Trade Organization to recognize the right of members
    to distribute monies collected from antidumping and countervailing
    duties: Provided further, That the provisions of the first sentence of
    section 105(f) and all of section 108(c) of the Mutual Educational and
    Cultural Exchange Act of 1961 (22 U.S.C. 2455(f) and 2458(c)) shall
    apply in carrying out these activities without regard to section 5412
    of the Omnibus Trade and Competitiveness Act of 1988 (15 U.S.C. 4912);
    and that for the purpose of this Act, contributions under the
    provisions of the Mutual Educational and Cultural Exchange Act of 1961
    shall include payment for assessments for services provided as part of
    these activities.

                        Bureau of Industry and Security

                          Operations and Administration

        For necessary expenses for export administration and national
    security activities of the Department of Commerce, including costs
    associated with the performance of export administration field
    activities both domestically and abroad; full medical coverage for
    dependent members of immediate families of employees stationed
    overseas; employment of Americans and aliens by contract for services
    abroad; payment of tort claims, in the manner authorized in the first
    paragraph of 28 U.S.C. 2672 when such claims arise in foreign
    countries; not to exceed $15,000 for official representation expenses
    abroad; awards of compensation to informers under the Export
    Administration Act of 1979, and as authorized by 22 U.S.C. 401(b); and
    purchase of passenger motor vehicles for official use and motor
    vehicles for law enforcement use with special requirement vehicles
    eligible for purchase without regard to any price limitation otherwise
    established by law, $68,203,000, to remain available until September
    30, 2005, of which $7,203,000 shall be for inspections and other
    activities related to national security: Provided, That the provisions
    of the first sentence of section 105(f) and all of section 108(c) of
    the Mutual Educational and Cultural Exchange Act of 1961 (22 U.S.C.
    2455(f) and 2458(c)) shall apply in carrying out these activities:
    Provided further, That payments and contributions collected and
    accepted for materials or services provided as part of such activities
    may be retained for use in covering the cost of such activities, and
    for providing information to the public with respect to the export
    administration and national security activities of the Department of
    Commerce and other export control programs of the United States and
    other governments.

                      Economic Development Administration

                     Economic Development Assistance Programs

        For grants for economic development assistance as provided by the
    Public Works and Economic Development Act of 1965, and for trade
    adjustment assistance, $288,115,000, to remain available until
    expended.

                              Salaries and Expenses

        For necessary expenses of administering the economic development
    assistance programs as provided for by law, $30,565,000: Provided, That
    these funds may be used to monitor projects approved pursuant to title
    I of the Public Works Employment Act of 1976, title II of the Trade Act
    of 1974, and the Community Emergency Drought Relief Act of 1977.

                      Minority Business Development Agency

                          Minority Business Development

        For necessary expenses of the Department of Commerce in fostering,
    promoting, and developing minority business enterprise, including
    expenses of grants, contracts, and other agreements with public or
    private organizations, $28,859,000.

                    Economic and Information Infrastructure

                       Economic and Statistical Analysis

                              Salaries and Expenses

        For necessary expenses, as authorized by law, of economic and
    statistical analysis programs of the Department of Commerce,
    $75,000,000, to remain available until September 30, 2005.

                              Bureau of the Census

                              Salaries and Expenses

        For expenses necessary for collecting, compiling, analyzing,
    preparing, and publishing statistics, provided for by law,
    $194,811,000.

                          Periodic Censuses and Programs

        For necessary expenses related to the 2010 decennial census,
    $255,200,000, to remain available until September 30, 2005: Provided,
    That, of the total amount available related to the 2010 decennial
    census, $107,090,000 is for the Re-engineered Design Process for the
    Short-Form Only Census, $64,800,000 is for the American Community
    Survey, and $83,310,000 is for the Master Address File/Topologically
    Integrated Geographic Encoding and Referencing (MAF/TIGER) system.
        In addition, for expenses to collect and publish statistics for
    other periodic censuses and programs provided for by law, $180,853,000,
    to remain available until September 30, 2005, of which $80,082,000 is
    for economic statistics programs and $100,771,000 is for demographic
    statistics programs: Provided, That regarding engineering and design of
    a facility at the Suitland Federal Center, quarterly reports regarding
    the expenditure of funds and project planning, design and cost
    decisions shall be provided by the Bureau, in cooperation with the
    General Services Administration, to the Committees on Appropriations of
    the Senate and the House of Representatives: Provided further, That
    none of the funds provided in this or any other Act under the heading
    ``Bureau of the Census, Periodic Censuses and Programs'' shall be used
    to fund the construction and tenant build-out costs of a facility at
    the Suitland Federal Center.

           National Telecommunications and Information Administration

                              Salaries and Expenses

        For necessary expenses, as provided for by law, of the National
    Telecommunications and Information Administration (NTIA), $14,604,000,
    to remain available until September 30, 2005: Provided, That,
    notwithstanding 31 U.S.C. 1535(d), the Secretary of Commerce shall
    charge Federal agencies for costs incurred in spectrum management,
    analysis, and operations, and related services and such fees shall be
    retained and used as offsetting collections for costs of such spectrum
    services, to remain available until expended: Provided further, That
    the Secretary of Commerce is authorized to retain and use as offsetting
    collections all funds transferred, or previously transferred, from
    other Government agencies for all costs incurred in telecommunications
    research, engineering, and related activities by the Institute for
    Telecommunication Sciences of NTIA, in furtherance of its assigned
    functions under this paragraph, and such funds received from other
    Government agencies shall remain available until expended.

         Public Telecommunications Facilities, Planning and Construction

        For grants authorized by section 392 of the Communications Act of
    1934, $22,000,000, to remain available until expended as authorized by
    section 391 of the Act: Provided, That not to exceed $2,000,000 shall
    be available for program administration as authorized by section 391 of
    the Act: Provided further, That, notwithstanding the provisions of
    section 391 of the Act, the prior year unobligated balances may be made
    available for grants for projects for which applications have been
    submitted and approved during any fiscal year.

                        Information Infrastructure Grants

        For grants authorized by section 392 of the Communications Act of
    1934, $15,000,000, to remain available until expended as authorized by
    section 391 of the Act: Provided, That not to exceed $3,000,000 shall
    be available for program administration and other support activities as
    authorized by section 391: Provided further, That, of the funds
    appropriated herein, not to exceed 5 percent may be available for
    telecommunications research activities for projects related directly to
    the development of a national information infrastructure: Provided
    further, That, notwithstanding the requirements of sections 392(a) and
    392(c) of the Act, these funds may be used for the planning and
    construction of telecommunications networks for the provision of
    educational, health care, or public information: Provided further,
    That, notwithstanding any other provision of law, no entity that
    receives telecommunications services at preferential rates under
    section 254(h) of the Act (47 U.S.C. 254(h)) or receives assistance
    under the regional information sharing systems grant program of the
    Department of Justice under part M of title I of the Omnibus Crime
    Control and Safe Streets Act of 1968 (42 U.S.C. 3796h) may use funds
    under a grant under this heading to cover any costs of the entity that
    would otherwise be covered by such preferential rates or such
    assistance, as the case may be.

                   United States Patent and Trademark Office

                              salaries and expenses

        For necessary expenses of the United States Patent and Trademark
    Office provided for by law, including defense of suits instituted
    against the Under Secretary of Commerce for Intellectual Property and
    Director of the United States Patent and Trademark Office,
    $1,222,460,000, to remain available until expended, which amount shall
    be derived from offsetting collections assessed and collected pursuant
    to 15 U.S.C. 1113 and 35 U.S.C. 41 and 376, and shall be retained and
    used for necessary expenses in this appropriation: Provided, That the
    sum herein appropriated from the general fund shall be reduced as such
    offsetting collections are received during fiscal year 2004, so as to
    result in a fiscal year 2004 appropriation from the general fund
    estimated at $0: Provided further, That during fiscal year 2004, should
    the total amount of offsetting fee collections be less than
    $1,222,460,000, the total amounts available to the United States Patent
    and Trademark Office shall be reduced accordingly: Provided further,
    That from amounts provided herein, not to exceed $1,000 shall be made
    available in fiscal year 2004 for official reception and representation
    expenses: Provided further, That, notwithstanding section 1353 of title
    31, United States Code, no employee of the United States Patent and
    Trademark Office may accept payment or reimbursement from a non-Federal
    entity for travel, subsistence, or related expenses for the purpose of
    enabling an employee to attend and participate in a convention,
    conference, or meeting when the entity offering payment or
    reimbursement is a person or corporation subject to regulation by the
    Office, or represents a person or corporation subject to regulation by
    the Office, unless the person or corporation is an organization exempt
    from taxation pursuant to section 501(c)(3) of the Internal Revenue
    Code of 1986.

                             Science and Technology

                           Technology Administration

                              salaries and expenses

        For necessary expenses for the Under Secretary for Technology
    Office of Technology Policy, $6,411,000.

                 National Institute of Standards and Technology

                  scientific and technical research and services

        For necessary expenses of the National Institute of Standards and
    Technology, $344,366,000, to remain available until expended, of which
    not to exceed $282,000 may be transferred to the ``Working Capital
    Fund''.

                         industrial technology services

        For necessary expenses of the Manufacturing Extension Partnership
    of the National Institute of Standards and Technology, $39,607,000, to
    remain available until expended.
        In addition, for necessary expenses of the Advanced Technology
    Program of the National Institute of Standards and Technology,
    $179,175,000, to remain available until expended, of which $60,700,000
    shall be expended for the award of new grants before September 30,
    2004.

                       Construction of Research Facilities

        For construction of new research facilities, including
    architectural and engineering design, and for renovation and
    maintenance of existing facilities, not otherwise provided for the
    National Institute of Standards and Technology, as authorized by 15
    U.S.C. 278c-278e, $64,954,000, to remain available until expended.

                National Oceanic and Atmospheric Administration

                       Operations, Research, and Facilities

                          (including transfer of funds)

        For necessary expenses of activities authorized by law for the
    National Oceanic and Atmospheric Administration, including maintenance,
    operation, and hire of aircraft; grants, contracts, or other payments
    to nonprofit organizations for the purposes of conducting activities
    pursuant to cooperative agreements; and relocation of facilities as
    authorized, $2,686,520,000, to remain available until September 30,
    2005, except for funds provided for cooperative enforcement which shall
    remain available until September 30, 2006: Provided, That fees and
    donations received by the National Ocean Service for the management of
    the national marine sanctuaries may be retained and used for the
    salaries and expenses associated with those activities, notwithstanding
    31 U.S.C. 3302: Provided further, That, in addition, $62,000,000 shall
    be derived by transfer from the fund entitled ``Promote and Develop
    Fishery Products and Research Pertaining to American Fisheries'':
    Provided further, That grants to States pursuant to sections 306 and
    306A of the Coastal Zone Management Act of 1972, as amended, shall not
    exceed $2,000,000, unless funds provided for ``Coastal Zone Management
    Grants'' exceed funds provided in the previous fiscal year: Provided
    further, That if funds provided for ``Coastal Zone Management Grants''
    exceed funds provided in the previous fiscal year, then no State shall
    receive more than 5 percent or less than 1 percent of the additional
    funds: Provided further, That, of the $2,748,520,000 provided for in
    direct obligations under this heading (of which $2,686,520,000 is
    appropriated from the General Fund and $62,000,000 is provided by
    transfer), $513,910,000 shall be for the National Ocean Service,
    $639,990,000 shall be for the National Marine Fisheries Service,
    $400,813,000 shall be for Oceanic and Atmospheric Research,
    $729,685,000 shall be for the National Weather Service, $153,827,000
    shall be for the National Environmental Satellite, Data, and
    Information Service, and $310,295,000 shall be for Program Support:
    Provided further, That no general administrative charge shall be
    applied against an assigned activity included in this Act or the report
    accompanying this Act: Provided further, That deobligated balances of
    funds provided under this heading in previous years shall be deposited
    in the United States Treasury General Fund: Provided further, That
    payments of funds made available under this heading to the Department
    of Commerce Working Capital Fund shall not exceed $38,758,000: Provided
    further, That none of the funds under this heading are available to
    alter the existing structure, organization, function, and funding of
    the National Marine Fisheries Service Southwest Region and Fisheries
    Science Center and Northwest Region and Fisheries Science Center:
    Provided further, That, hereafter, the Secretary of Commerce may enter
    into cooperative agreements with the Joint and Cooperative Institutes
    as designated by the Secretary to use the personnel, services, or
    facilities of such organizations for research, education, training, and
    outreach: Provided further, That of the amounts appropriated under this
    heading, $1,207,000 shall be transferred to and merged with funds
    appropriated under the heading, ``Salaries and Expenses, Marine Mammal
    Commission'', of which $500,000 shall remain available until September
    30, 2005: Provided further, That none of the funds in this Act may be
    used for the National Oceanic and Atmospheric Administration to
    implement the Department of Commerce's E-Government initiatives.
        In addition, for necessary retired pay expenses under the Retired
    Serviceman's Family Protection and Survivor Benefits Plan, and for
    payments for medical care of retired personnel and their dependents
    under the Dependents Medical Care Act (10 U.S.C. ch. 55), such sums as
    may be necessary.

                    Procurement, Acquisition and Construction

        For procurement, acquisition and construction of capital assets,
    including alteration and modification costs, of the National Oceanic
    and Atmospheric Administration, $990,127,000, to remain available until
    September 30, 2006, except for funds appropriated for the National
    Marine Fisheries Service Honolulu Laboratory and the Marine
    Environmental Health Research Laboratory, which shall remain available
    until expended: Provided, That of the amounts provided for the National
    Polar-orbiting Operational Environmental Satellite System, funds shall
    only be made available on a dollar for dollar matching basis with funds
    provided for the same purpose by the Department of Defense: Provided
    further, That none of the funds provided in this Act or any other Act
    under the heading ``National Oceanic and Atmospheric Administration,
    Procurement, Acquisition and Construction'' shall be used to fund the
    General Services Administration's standard construction and tenant
    build-out costs of a facility at the Suitland Federal Center.

                         Pacific Coastal Salmon Recovery

        For necessary expenses associated with the restoration of Pacific
    salmon populations, $90,000,000.

                        FISHERIES FINANCE PROGRAM ACCOUNT

        For the costs of direct loans as authorized by the Merchant Marine
    Act of 1936: Provided, That such costs, including the cost of modifying
    such loans, shall be as defined in the Federal Credit Reform Act of
    1990: Provided further, That these funds are available to subsidize
    gross obligations for the principle amount of direct loans not to
    exceed $5,000,000 for Individual Fishing Quota loans, and not to exceed
    $59,000,000 for traditional direct loans, of which $40,000,000 may be
    used for direct loans to the United States distant water tuna fleet,
    and of which $19,000,000 may be used for direct loans to the United
    States menhaden fishery: Provided further, That none of the funds made
    available under this heading may be used for direct loans for any new
    fishing vessel that will increase the harvesting capacity in any United
    States fishery.

                            Departmental Management

                              Salaries and Expenses

        For expenses necessary for the departmental management of the
    Department of Commerce provided for by law, including not to exceed
    $5,000 for official entertainment, $47,289,000: Provided, That not to
    exceed 12 full-time equivalents and $1,621,000 shall be expended for
    the legislative affairs function of the Department.

                           office of inspector general

        For necessary expenses of the Office of Inspector General in
    carrying out the provisions of the Inspector General Act of 1978 (5
    U.S.C. App.), $21,116,000.

                   General Provisions--Department of Commerce

                              (including rescission)

        Sec. 201. During the current fiscal year, applicable appropriations
    and funds made available to the Department of Commerce by this Act
    shall be available for the activities specified in the Act of October
    26, 1949 (15 U.S.C. 1514), to the extent and in the manner prescribed
    by the Act, and, notwithstanding 31 U.S.C. 3324, may be used for
    advanced payments not otherwise authorized only upon the certification
    of officials designated by the Secretary of Commerce that such payments
    are in the public interest.
        Sec. 202. During the current fiscal year, appropriations made
    available to the Department of Commerce by this Act for salaries and
    expenses shall be available for hire of passenger motor vehicles as
    authorized by 31 U.S.C. 1343 and 1344; services as authorized by 5
    U.S.C. 3109; and uniforms or allowances therefore, as authorized by law
    (5 U.S.C. 5901-5902).
        Sec. 203. Hereafter, none of the funds made available by this or
    any other Act for the National Oceanic and Atmospheric Administration
    may be used to support the hurricane reconnaissance aircraft and
    activities that are under the control of the United States Air Force or
    the United States Air Force Reserve.
        Sec. 204. Not to exceed 5 percent of any appropriation made
    available for the current fiscal year for the Department of Commerce in
    this Act may be transferred between such appropriations, but no such
    appropriation shall be increased by more than 10 percent by any such
    transfers: Provided, That any transfer pursuant to this section shall
    be treated as a reprogramming of funds under section 605 of this Act
    and shall not be available for obligation or expenditure except in
    compliance with the procedures set forth in that section: Provided
    further, That the Secretary of Commerce shall notify the Committees on
    Appropriations at least 15 days in advance of the acquisition or
    disposal of any capital asset (including land, structures, and
    equipment) not specifically provided for in this or any other
    Departments of Commerce, Justice, and State, the Judiciary, and Related
    Agencies Appropriations Act.
        Sec. 205. Any costs incurred by a department or agency funded under
    this title resulting from personnel actions taken in response to
    funding reductions included in this title or from actions taken for the
    care and protection of loan collateral or grant property shall be
    absorbed within the total budgetary resources available to such
    department or agency: Provided, That the authority to transfer funds
    between appropriations accounts as may be necessary to carry out this
    section is provided in addition to authorities included elsewhere in
    this Act: Provided further, That use of funds to carry out this section
    shall be treated as a reprogramming of funds under section 605 of this
    Act and shall not be available for obligation or expenditure except in
    compliance with the procedures set forth in that section.
        Sec. 206. Hereafter, the Secretary of Commerce may use the Commerce
    franchise fund for expenses and equipment necessary for the maintenance
    and operation of such administrative services as the Secretary
    determines may be performed more advantageously as central services,
    pursuant to section 403 of Public Law 103-356: Provided, That any
    inventories, equipment, and other assets pertaining to the services to
    be provided by such fund, either on hand or on order, less the related
    liabilities or unpaid obligations, and any appropriations made for the
    purpose of providing capital shall be used to capitalize such fund:
    Provided further, That such fund shall be paid in advance from funds
    available to the Department and other Federal agencies for which such
    centralized services are performed, at rates which will return in full
    all expenses of operation, including accrued leave, depreciation of
    fund plant and equipment, amortization of automated data processing
    software and systems (either acquired or donated), and an amount
    necessary to maintain a reasonable operating reserve, as determined by
    the Secretary: Provided further, That such fund shall provide services
    on a competitive basis: Provided further, That an amount not to exceed
    4 percent of the total annual income to such fund may be retained in
    the fund for fiscal year 2004 and each fiscal year thereafter, to
    remain available until expended, to be used for the acquisition of
    capital equipment, and for the improvement and implementation of
    department financial management, automated data processing, and other
    support systems: Provided further, That such amounts retained in the
    fund for fiscal year 2004 and each fiscal year thereafter shall be
    available for obligation and expenditure only in accordance with
    section 605 of this Act: Provided further, That no later than 30 days
    after the end of each fiscal year, amounts in excess of this reserve
    limitation shall be deposited as miscellaneous receipts in the
    Treasury.
        Sec. 207. Notwithstanding any other provision of law, of the
    amounts made available elsewhere in this title to the ``National
    Institute of Standards and Technology, Construction of Research
    Facilities'', $14,000,000 is appropriated to fund a cooperative
    agreement with the Medical University of South Carolina, $5,000,000 is
    appropriated to the Thayer School of Engineering, of which $1,000,000
    is for research relating to intelligent control of distributed systems,
    $2,000,000 is for a smart laser beam project, and $2,000,000 is for
    research relating to nanomagnetics, $500,000 is appropriated to the
    Institute for Information Infrastructure Protection at the Institute
    for Security and Technology Studies, $1,000,000 is appropriated for the
    Institute of Politics, and $500,000 is appropriated for the Coastal
    Conservation Center.
        Sec. 208. Of the amount available from the fund entitled ``Promote
    and Develop Fishery Products and Research Pertaining to American
    Fisheries'', $10,000,000 shall be provided to the Alaska Fisheries
    Marketing Board, $2,000,000 shall be available to the Gulf and South
    Atlantic Fisheries Foundation, $2,000,000 shall be available to the
    South Carolina Seafood Alliance, $1,500,000 shall be available to the
    Oregon Trawl Commission, and $1,500,000 shall be available to the
    Oregon State University Seafood Laboratory: Provided, That: (1) the
    Alaska Fisheries Marketing Board (hereinafter ``the Board'') shall be a
    nonprofit organization and not an agency or establishment of the United
    States; (2) the Secretary may appoint, assign, or otherwise designate
    as Executive Director an employee of the Department of Commerce, who
    may serve in an official capacity in such position, with or without
    reimbursement, and such appointment or assignment shall be without
    interruption or loss of civil service status or privilege; and (3) the
    Board may adopt bylaws consistent with the purposes of this section,
    and may undertake other acts necessary to carry out the provisions of
    this section.
        Sec. 209. (a) Notwithstanding the provisions of the Public Works
    and Economic Development Act as amended (42 U.S.C. 3121, et seq.) or
    any other provision of law, the Economic Development Administration
    shall approve the sale, transfer, or conveyance, without compensation
    to the agency, of any land on the former Charleston Naval Base, located
    north of Viaduct Road which was improved by EDA project numbers 04-49-
    04196, 04-49-04280, 04-49-04462, and 04-49-04461 and funds obligated
    but not yet disbursed in connection with EDA project number 04-49-04347
    shall remain available until expended and, as of September 30, 2003,
    shall be exempt from the application of section 1552 of title 31,
    United States Code.
        (b) Notwithstanding any other provision of law, the Secretary of
    Commerce shall approve, without compensation to the Agency, a lease to
    be entered into by the City of Florence, Alabama, and Alabama Real
    Estate Holdings, Inc., containing such terms and conditions as the city
    of Florence determines appropriate, for use of the parcel of land
    (including improvements thereon) located in Florence, Alabama, that was
    improved using assistance from the Economic Development Administration
    under EDA project number 04-01-03963.
        Sec. 210. (a) The Secretary of Commerce is authorized to operate a
    marine laboratory in South Carolina in accordance with a memorandum of
    agreement, including any future amendments, among the National Oceanic
    and Atmospheric Administration, the National Institute of Standards and
    Technology, the State of South Carolina, the Medical University of
    South Carolina, and the College of Charleston as a partnership for
    collaborative, interdisciplinary marine scientific research.
        (b) To carry out subsection (a), the agencies that are partners in
    the Laboratory may accept, apply for, use, and spend Federal, State,
    private and grant funds as necessary to further the mission of the
    Laboratory without regard to the source or of the period of
    availability of these funds and may apply for and hold patents, as well
    as share personnel, facilities, and property. Any funds collected or
    accepted by any partner may be used to offset all or portions of its
    costs, including overhead, without regard to 31 U.S.C. 143302(b); to
    reimburse other participating agencies for all or portions of their
    costs; and to fund research and facilities expansion. Funds for
    management and operation of the Laboratory may be used to sustain basic
    laboratory operations for all participating entities. The Secretary of
    Commerce is authorized to charge fees and enter into contracts, grants,
    cooperative agreements and other arrangements with Federal, State,
    private entities, and other entities, domestic and foreign, to further
    the mission of the Laboratory. Any funds collected from such fees or
    arrangements shall be used to support cooperative research, basic
    operations, and facilities enhancement at the Laboratory.
        Sec. 211. Extension of Guarantee Authority. (a) In General.--
    Section 101(k) of the Emergency Steel Loan Guarantee Act of 1999
    (Public Law 106-51; 15 U.S.C. 1841 note) is amended by striking
    ``2003'' and inserting ``2005''.
        (b) Salaries and Expenses.--In addition to funds made available
    under section 101(j) of Emergency Steel Loan Guarantee Act of 1999 (15
    U.S.C. 1841 note), up to $2,000,000 in funds made available under
    section 101(f) of such Act may be used for salaries and administrative
    expenses to administer the Emergency Steel Loan Guarantee Program.
        Sec. 212. In addition to amounts made available under the heading
    ``Procurement, Acquisition and Construction, National Oceanic and
    Atmospheric Administration'' $1,500,000 shall be available for the
    Western Carolina University, $1,000,000 shall be available for the
    South Florida Museum, $140,000 shall be available for the French and
    Indian War Foundation, $1,000,000 shall be available for the City of
    Chattanooga, Tennessee, $1,000,000 shall be available for the
    University of Mississippi, $1,000,000 shall be available for the City
    of Charlotte, North Carolina, and $489,000 shall be available for a
    public safety marine docking facility for Hampton, New Hampshire.
        Sec. 213. In addition to amounts appropriated or otherwise made
    available by this Act or any other Act, $500,000 shall be provided
    until expended for the Federal Credit Reform Act cost of a reduction
    loan under sections 1111 and 1112 of title XI of the Merchant Marine
    Act, 1936 (46 U.S.C. App. 1279f, 1279g), not to exceed $50,000,000 in
    principal, that--
            (1) notwithstanding 46 U.S.C. App. 1279f(b), shall have a term
        of not less than 30 years;
            (2) carries out a New England lobster fishing capacity
        reduction program which may include fewer than all management areas
        of the fishery;
            (3) permanently revokes all fishery licenses, fishery permits,
        area and species endorsements, and any other fishery privileges
        issued to a vessel or vessels (or to persons on the basis of their
        operation or ownership of that vessel or vessels) removed under the
        program; and
            (4) ensures that all vessels removed from the fishery under the
        program are made permanently ineligible to participate in any
        fishery worldwide, and that the owners of such vessels will operate
        only under the United States flag or such vessels shall be scrapped
        as a reduction vessel pursuant to section 600.1011(c) of title 50,
        Code of Federal Regulations.
        Sec. 214. In addition to amounts appropriated or otherwise made
    available by this Act or any other Act, $500,000 shall be provided
    until expended for the Federal Credit Reform Act cost of a reduction
    loan under sections 1111 and 1112 of title XI of the Merchant Marine
    Act, 1936 (46 U.S.C. App. 1279f, 1279g), not to exceed $50,000,000 in
    principal, that--
            (1) notwithstanding 46 U.S.C. App. 1279f(b), shall have a term
        of not less than 30 years;
            (2) carries out a Bering Sea and Aleutian Islands non-pollock
        groundfish capacity reduction program which may include fewer than
        all management areas of the fishery;
            (3) permanently revokes all fishery licenses, fishery permits,
        area and species endorsements, and any other fishery privileges
        issued to a vessel or vessels (or to persons on the basis of their
        operation or ownership of that vessel or vessels) removed under the
        program; and
            (4) ensures that all vessels removed from the fishery under the
        program are made permanently ineligible to participate in any
        fishery worldwide, and that the owners of such vessels will operate
        only under the United States flag or such vessels shall be scrapped
        as a reduction vessel pursuant to section 600.1011(c) of title 50,
        Code of Federal Regulations.
        Sec. 215. Of the unobligated balances available to the Department
    of Commerce from prior year appropriations with the exception of funds
    provided for coral reef activities, fisheries enforcement, the Ocean
    Health Initiative, land acquisition, and lab construction, $100,000,000
    are rescinded: Provided, That within 30 days after the date of
    enactment of this section the Secretary of Commerce shall submit to the
    Committees on Appropriations of the House of Representatives and the
    Senate a report specifying the amount of each rescission made pursuant
    to this section.
        This title may be cited as the ``Department of Commerce and Related
    Agencies Appropriations Act, 2004''.

                            TITLE III--THE JUDICIARY

                       Supreme Court of the United States

                              Salaries and Expenses

        For expenses necessary for the operation of the Supreme Court, as
    required by law, excluding care of the building and grounds, including
    purchase or hire, driving, maintenance, and operation of an automobile
    for the Chief Justice, not to exceed $10,000 for the purpose of
    transporting Associate Justices, and hire of passenger motor vehicles
    as authorized by 31 U.S.C. 1343 and 1344; not to exceed $10,000 for
    official reception and representation expenses; and for miscellaneous
    expenses, to be expended as the Chief Justice may approve, $55,360,000.

                         Care of the Building and Grounds

        For such expenditures as may be necessary to enable the Architect
    of the Capitol to carry out the duties imposed upon the Architect as
    authorized by law, $10,591,000, which shall remain available until
    expended.

             United States Court of Appeals for the Federal Circuit

                              Salaries and Expenses

        For salaries of the chief judge, judges, and other officers and
    employees, and for necessary expenses of the court, as authorized by
    law, $20,662,000.

                   United States Court of International Trade

                              Salaries and Expenses

        For salaries of the chief judge and eight judges, salaries of the
    officers and employees of the court, services, and necessary expenses
    of the court, as authorized by law, $14,068,000.

        Courts of Appeals, District Courts, and Other Judicial Services

                              Salaries and Expenses

        For the salaries of circuit and district judges (including judges
    of the territorial courts of the United States), justices and judges
    retired from office or from regular active service, judges of the
    United States Court of Federal Claims, bankruptcy judges, magistrate
    judges, and all other officers and employees of the Federal Judiciary
    not otherwise specifically provided for, and necessary expenses of the
    courts, as authorized by law, $3,994,176,000 (including the purchase of
    firearms and ammunition); of which not to exceed $27,817,000 shall
    remain available until expended for space alteration projects and for
    furniture and furnishings related to new space alteration and
    construction projects: Provided, That any funds appropriated in this
    Act to be used for the United States District Court for the Eastern
    District of Texas will also be made available for the Sherman
    Division's expansion into Plano, Texas, and the Sherman Division is
    also granted authority to hold court proceedings there.
        In addition, for expenses of the United States Court of Federal
    Claims associated with processing cases under the National Childhood
    Vaccine Injury Act of 1986, not to exceed $3,193,000, to be
    appropriated from the Vaccine Injury Compensation Trust Fund.

                                Defender Services

        For the operation of Federal Public Defender and Community Defender
    organizations; the compensation and reimbursement of expenses of
    attorneys appointed to represent persons under the Criminal Justice Act
    of 1964; the compensation and reimbursement of expenses of persons
    furnishing investigative, expert and other services under the Criminal
    Justice Act of 1964 (18 U.S.C. 3006A(e)); the compensation (in
    accordance with Criminal Justice Act maximums) and reimbursement of
    expenses of attorneys appointed to assist the court in criminal cases
    where the defendant has waived representation by counsel; the
    compensation and reimbursement of travel expenses of guardians ad litem
    acting on behalf of financially eligible minor or incompetent offenders
    in connection with transfers from the United States to foreign
    countries with which the United States has a treaty for the execution
    of penal sentences; the compensation of attorneys appointed to
    represent jurors in civil actions for the protection of their
    employment, as authorized by 28 U.S.C. 1875(d); and for necessary
    training and general administrative expenses, $604,477,000, to remain
    available until expended.

                         Fees of Jurors and Commissioners

        For fees and expenses of jurors as authorized by 28 U.S.C. 1871 and
    1876; compensation of jury commissioners as authorized by 28 U.S.C.
    1863; and compensation of commissioners appointed in condemnation cases
    pursuant to rule 71A(h) of the Federal Rules of Civil Procedure (28
    U.S.C. Appendix Rule 71A(h)), $57,822,000, to remain available until
    expended: Provided, That the compensation of land commissioners shall
    not exceed the daily equivalent of the highest rate payable under
    section 5332 of title 5, United States Code.

                                  Court Security

        For necessary expenses, not otherwise provided for, incident to
    providing protective guard services for United States courthouses and
    the procurement, installation, and maintenance of security equipment
    for United States courthouses and other facilities housing Federal
    court operations, including building ingress-egress control, inspection
    of mail and packages, directed security patrols, and other similar
    activities as authorized by section 1010 of the Judicial Improvement
    and Access to Justice Act (Public Law 100-702), $277,500,000, of which
    not to exceed $10,000,000 shall remain available until expended, to be
    expended directly or transferred to the United States Marshals Service,
    which shall be responsible for administering the Judicial Facility
    Security Program consistent with standards or guidelines agreed to by
    the Director of the Administrative Office of the United States Courts
    and the Attorney General.

               Administrative Office of the United States Courts

                              Salaries and Expenses

        For necessary expenses of the Administrative Office of the United
    States Courts as authorized by law, including travel as authorized by
    31 U.S.C. 1345, hire of a passenger motor vehicle as authorized by 31
    U.S.C. 1343(b), advertising and rent in the District of Columbia and
    elsewhere, $66,000,000, of which not to exceed $8,500 is authorized for
    official reception and representation expenses.

                            Federal Judicial Center

                              Salaries and Expenses

        For necessary expenses of the Federal Judicial Center, as
    authorized by Public Law 90-219, $21,440,000; of which $1,800,000 shall
    remain available through September 30, 2005, to provide education and
    training to Federal court personnel; and of which not to exceed $1,000
    is authorized for official reception and representation expenses.

                           Judicial Retirement Funds

                         Payment to Judiciary Trust Funds

        For payment to the Judicial Officers' Retirement Fund, as
    authorized by 28 U.S.C. 377(o), $25,700,000; to the Judicial Survivors'
    Annuities Fund, as authorized by 28 U.S.C. 376(c), $700,000; and to the
    United States Court of Federal Claims Judges' Retirement Fund, as
    authorized by 28 U.S.C. 178(l), $2,600,000.

                      United States Sentencing Commission

                              Salaries and Expenses

        For the salaries and expenses necessary to carry out the provisions
    of chapter 58 of title 28, United States Code, $12,354,000, of which
    not to exceed $1,000 is authorized for official reception and
    representation expenses.

                       General Provisions--The Judiciary

        Sec. 301. Appropriations and authorizations made in this title
    which are available for salaries and expenses shall be available for
    services as authorized by 5 U.S.C. 3109.
        Sec. 302. Not to exceed 5 percent of any appropriation made
    available for the current fiscal year for the Judiciary in this Act may
    be transferred between such appropriations, but no such appropriation,
    except ``Courts of Appeals, District Courts, and Other Judicial
    Services, Defender Services'' and ``Courts of Appeals, District Courts,
    and Other Judicial Services, Fees of Jurors and Commissioners'', shall
    be increased by more than 10 percent by any such transfers: Provided,
    That any transfer pursuant to this section shall be treated as a
    reprogramming of funds under section 605 of this Act and shall not be
    available for obligation or expenditure except in compliance with the
    procedures set forth in that section.
        Sec. 303. Notwithstanding any other provision of law, the salaries
    and expenses appropriation for District Courts, Courts of Appeals, and
    Other Judicial Services shall be available for official reception and
    representation expenses of the Judicial Conference of the United
    States: Provided, That such available funds shall not exceed $11,000
    and shall be administered by the Director of the Administrative Office
    of the United States Courts in the capacity as Secretary of the
    Judicial Conference.
        This title may be cited as the ``Judiciary Appropriations Act,
    2004''.

                TITLE IV--DEPARTMENT OF STATE AND RELATED AGENCY

                              DEPARTMENT OF STATE

                       Administration of Foreign Affairs

                         Diplomatic and Consular Programs

        For necessary expenses of the Department of State and the Foreign
    Service not otherwise provided for, including employment, without
    regard to civil service and classification laws, of persons on a
    temporary basis (not to exceed $700,000 of this appropriation), as
    authorized by section 801 of the United States Information and
    Educational Exchange Act of 1948; representation to certain
    international organizations in which the United States participates
    pursuant to treaties ratified pursuant to the advice and consent of the
    Senate or specific Acts of Congress; arms control, nonproliferation and
    disarmament activities as authorized; acquisition by exchange or
    purchase of passenger motor vehicles as authorized by law; and for
    expenses of general administration, $3,420,000,000: Provided, That not
    to exceed 69 permanent positions and $7,311,000 shall be expended for
    the Bureau of Legislative Affairs: Provided further, That, of the
    amount made available under this heading, not to exceed $4,000,000 may
    be transferred to, and merged with, funds in the ``Emergencies in the
    Diplomatic and Consular Service'' appropriations account, to be
    available only for emergency evacuations and terrorism rewards:
    Provided further, That, of the amount made available under this
    heading, $301,563,000 shall be available only for public diplomacy
    international information programs: Provided further, That of the
    amount made available under this heading, $3,000,000 shall be available
    only for the establishment and operations of an Office on Right-Sizing
    the United States Government Overseas Presence: Provided further, That
    funds available under this heading may be available for a United States
    Government interagency task force to examine, coordinate and oversee
    United States participation in the United Nations headquarters
    renovation project: Provided further, That no funds may be obligated or
    expended for processing licenses for the export of satellites of United
    States origin (including commercial satellites and satellite
    components) to the People's Republic of China unless, at least 15 days
    in advance, the Committees on Appropriations of the House of
    Representatives and the Senate are notified of such proposed action.
        In addition, not to exceed $1,371,000 shall be derived from fees
    collected from other executive agencies for lease or use of facilities
    located at the International Center in accordance with section 4 of the
    International Center Act; in addition, as authorized by section 5 of
    such Act, $490,000, to be derived from the reserve authorized by that
    section, to be used for the purposes set out in that section; in
    addition, as authorized by section 810 of the United States Information
    and Educational Exchange Act, not to exceed $6,000,000, to remain
    available until expended, may be credited to this appropriation from
    fees or other payments received from English teaching, library, motion
    pictures, and publication programs and from fees from educational
    advising and counseling and exchange visitor programs; and, in
    addition, not to exceed $15,000, which shall be derived from
    reimbursements, surcharges, and fees for use of Blair House facilities.
        In addition, for the costs of worldwide security upgrades,
    $646,701,000, to remain available until expended: Provided, That, of
    the amounts made available under this paragraph, $5,000,000 is for the
    State Department to establish the Center for Antiterrorism and Security
    Training.
        In addition, for the costs of worldwide OpenNet and classified
    connectivity infrastructure, $40,000,000, to remain available until
    expended.

                             capital investment fund

        For necessary expenses of the Capital Investment Fund, $80,000,000,
    to remain available until expended, as authorized: Provided, That
    section 135(e) of Public Law 103-236 shall not apply to funds available
    under this heading.

                           Office of Inspector General

        For necessary expenses of the Office of Inspector General,
    $31,703,000, notwithstanding section 209(a)(1) of the Foreign Service
    Act of 1980 (Public Law 96-465), as it relates to post inspections.

                    Educational and Cultural Exchange Programs

        For expenses of educational and cultural exchange programs, as
    authorized, $320,000,000, to remain available until expended: Provided,
    That not to exceed $2,000,000, to remain available until expended, may
    be credited to this appropriation from fees or other payments received
    from or in connection with English teaching, educational advising and
    counseling programs, and exchange visitor programs as authorized.

                            Representation Allowances

        For representation allowances as authorized, $9,000,000.

                   Protection of Foreign Missions and Officials

        For expenses, not otherwise provided, to enable the Secretary of
    State to provide for extraordinary protective services, as authorized,
    $10,000,000, to remain available until September 30, 2005.

                 Embassy Security, Construction, and Maintenance

        For necessary expenses for carrying out the Foreign Service
    Buildings Act of 1926 (22 U.S.C. 292-303), preserving, maintaining,
    repairing, and planning for buildings that are owned or directly leased
    by the Department of State, renovating, in addition to funds otherwise
    available, the Harry S Truman Building, and carrying out the Diplomatic
    Security Construction Program as authorized, $530,000,000, to remain
    available until expended as authorized, of which not to exceed $20,000
    may be used for domestic and overseas representation as authorized:
    Provided, That none of the funds appropriated in this paragraph shall
    be available for acquisition of furniture, furnishings, or generators
    for other departments and agencies.
        In addition, for the costs of worldwide security upgrades,
    acquisition, and construction as authorized, $861,400,000, to remain
    available until expended.

                emergencies in the diplomatic and consular service

        For expenses necessary to enable the Secretary of State to meet
    unforeseen emergencies arising in the Diplomatic and Consular Service,
    $1,000,000, to remain available until expended as authorized, of which
    not to exceed $1,000,000 may be transferred to and merged with the
    Repatriation Loans Program Account, subject to the same terms and
    conditions.

                        Repatriation Loans Program Account

        For the cost of direct loans, $612,000, as authorized: Provided,
    That such costs, including the cost of modifying such loans, shall be
    as defined in section 502 of the Congressional Budget Act of 1974. In
    addition, for administrative expenses necessary to carry out the direct
    loan program, $607,000, which may be transferred to and merged with the
    Diplomatic and Consular Programs account under Administration of
    Foreign Affairs.

                   Payment to the American Institute in Taiwan

        For necessary expenses to carry out the Taiwan Relations Act
    (Public Law 96-8), $18,782,000.

          Payment to the Foreign Service Retirement and Disability Fund

        For payment to the Foreign Service Retirement and Disability Fund,
    as authorized by law, $134,979,000.

                          International Organizations

                   contributions to international organizations

        For expenses, not otherwise provided for, necessary to meet annual
    obligations of membership in international multilateral organizations,
    pursuant to treaties ratified pursuant to the advice and consent of the
    Senate, conventions or specific Acts of Congress, $1,010,463,000:
    Provided, That the Secretary of State shall transmit to the Committees
    on Appropriations of the Senate and of the House of Representatives the
    most recent biennial budget prepared by the United Nations for the
    operations of the United Nations: Provided further, That the Secretary
    of State shall notify the Committees on Appropriations at least 15 days
    in advance (or in an emergency, as far in advance as is practicable) of
    any United Nations action to increase funding for any United Nations
    program without identifying an offsetting decrease elsewhere in the
    United Nations budget and cause the United Nations to exceed the
    adopted budget for the biennium 2002-2003 of $2,891,000,000: Provided
    further, That any payment of arrearages under this title shall be
    directed toward special activities that are mutually agreed upon by the
    United States and the respective international organization: Provided
    further, That none of the funds appropriated in this paragraph shall be
    available for a United States contribution to an international
    organization for the United States share of interest costs made known
    to the United States Government by such organization for loans incurred
    on or after October 1, 1984, through external borrowings: Provided
    further, That funds appropriated under this paragraph may be obligated
    and expended to pay the full United States assessment to the civil
    budget of the North Atlantic Treaty Organization.

             contributions for international peacekeeping activities

        For necessary expenses to pay assessed and other expenses of
    international peacekeeping activities directed to the maintenance or
    restoration of international peace and security, $550,200,000, of which
    10 percent shall remain available until September 30, 2005: Provided,
    That of the amount provided under this heading, $95,358,000 shall be
    derived from prior year unobligated balances from funds previously
    appropriated under this heading: Provided further, That none of the
    funds made available under this Act shall be obligated or expended for
    any new or expanded United Nations peacekeeping mission unless, at
    least 15 days in advance of voting for the new or expanded mission in
    the United Nations Security Council (or in an emergency as far in
    advance as is practicable): (1) the Committees on Appropriations of the
    House of Representatives and the Senate and other appropriate
    committees of the Congress are notified of the estimated cost and
    length of the mission, the vital national interest that will be served,
    and the planned exit strategy; and (2) a reprogramming of funds
    pursuant to section 605 of this Act is submitted, and the procedures
    therein followed, setting forth the source of funds that will be used
    to pay for the cost of the new or expanded mission: Provided further,
    That funds shall be available for peacekeeping expenses only upon a
    certification by the Secretary of State to the appropriate committees
    of the Congress that American manufacturers and suppliers are being
    given opportunities to provide equipment, services, and material for
    United Nations peacekeeping activities equal to those being given to
    foreign manufacturers and suppliers: Provided further, That none of the
    funds made available under this heading are available to pay the United
    States share of the cost of court monitoring that is part of any United
    Nations peacekeeping mission.

                           International Commissions

        For necessary expenses, not otherwise provided for, to meet
    obligations of the United States arising under treaties, or specific
    Acts of Congress, as follows:

     international boundary and water commission, united states and mexico

        For necessary expenses for the United States Section of the
    International Boundary and Water Commission, United States and Mexico,
    and to comply with laws applicable to the United States Section,
    including not to exceed $6,000 for representation; as follows:

                             salaries and expenses

        For salaries and expenses, not otherwise provided for, $26,000,000.

                                   Construction

        For detailed plan preparation and construction of authorized
    projects, $3,551,000, to remain available until expended, as
    authorized.

                   American Sections, International Commissions

        For necessary expenses, not otherwise provided, for the
    International Joint Commission and the International Boundary
    Commission, United States and Canada, as authorized by treaties between
    the United States and Canada or Great Britain, and for the Border
    Environment Cooperation Commission as authorized by Public Law 103-182,
    $8,944,000, of which not to exceed $9,000 shall be available for
    representation expenses incurred by the International Joint Commission.

                       International Fisheries Commissions

        For necessary expenses for international fisheries commissions, not
    otherwise provided for, as authorized by law, $19,300,000: Provided,
    That the United State's share of such expenses may be advanced to the
    respective commissions pursuant to 31 U.S.C. 3324.

                                     Other

                         payment to the asia foundation

        For a grant to the Asia Foundation, as authorized by the Asia
    Foundation Act (22 U.S.C. 4402), $13,000,000, to remain available until
    expended, as authorized.

       international center for middle eastern-western dialogue trust fund

        For a grant to the International Center for Middle Eastern-Western
    Dialogue Trust Fund, $7,000,000, for operation of the International
    Center for Middle Eastern-Western Dialogue, Istanbul, Turkey, to remain
    available until expended, of which $250,000 shall be made available out
    of such Trust Fund for the establishment and operation of a steering
    committee, which the Secretary of State shall appoint to establish the
    International Center for Middle Eastern-Western Dialogue.

             international center for middle eastern-western dialogue

        For necessary expenses of the International Center for Middle
    Eastern-Western Dialogue, out of the International Center for Middle
    Eastern-Western Dialogue Trust Fund, the total amount of the interest
    and earnings accruing to such Fund before October 1, 2004, to remain
    available until expended.

                      Eisenhower Exchange Fellowship Program

        For necessary expenses of Eisenhower Exchange Fellowships,
    Incorporated, as authorized by sections 4 and 5 of the Eisenhower
    Exchange Fellowship Act of 1990 (20 U.S.C. 5204-5205), all interest and
    earnings accruing to the Eisenhower Exchange Fellowship Program Trust
    Fund on or before September 30, 2004, to remain available until
    expended: Provided, That none of the funds appropriated herein shall be
    used to pay any salary or other compensation, or to enter into any
    contract providing for the payment thereof, in excess of the rate
    authorized by 5 U.S.C. 5376; or for purposes which are not in
    accordance with OMB Circulars A-110 (Uniform Administrative
    Requirements) and A-122 (Cost Principles for Non-profit Organizations),
    including the restrictions on compensation for personal services.

                        israeli arab scholarship program

        For necessary expenses of the Israeli Arab Scholarship Program as
    authorized by section 214 of the Foreign Relations Authorization Act,
    Fiscal Years 1992 and 1993 (22 U.S.C. 2452), all interest and earnings
    accruing to the Israeli Arab Scholarship Fund on or before September
    30, 2004, to remain available until expended.

                                 East-West Center

        To enable the Secretary of State to provide for carrying out the
    provisions of the Center for Cultural and Technical Interchange Between
    East and West Act of 1960, by grant to the Center for Cultural and
    Technical Interchange Between East and West in the State of Hawaii,
    $17,880,000: Provided, That none of the funds appropriated herein shall
    be used to pay any salary, or enter into any contract providing for the
    payment thereof, in excess of the rate authorized by 5 U.S.C. 5376:
    Provided further, That, notwithstanding any other provision of law, the
    funds appropriated to the East-West Center appropriation in Public Law
    108-7 may be obligated and expended notwithstanding section 15 of the
    State Department Basic Authorities Act of 1956, as amended.

                         national endowment for democracy

        For grants made by the Department of State to the National
    Endowment for Democracy as authorized by the National Endowment for
    Democracy Act, $40,000,000 to remain available until expended.

                                 RELATED AGENCY

                        Broadcasting Board of Governors

                     international broadcasting operations

        For expenses necessary to enable the Broadcasting Board of
    Governors, as authorized, to carry out international communication
    activities, including the purchase, installation, rent, and improvement
    of facilities for radio and television transmission and reception to
    Cuba, $546,038,000, of which not to exceed $16,000 may be used for
    official receptions within the United States as authorized, not to
    exceed $35,000 may be used for representation abroad as authorized, and
    not to exceed $39,000 may be used for official reception and
    representation expenses of Radio Free Europe/Radio Liberty; and in
    addition, notwithstanding any other provision of law, not to exceed
    $2,000,000 in receipts from advertising and revenue from business
    ventures, not to exceed $500,000 in receipts from cooperating
    international organizations, and not to exceed $1,000,000 in receipts
    from privatization efforts of the Voice of America and the
    International Broadcasting Bureau, to remain available until expended
    for carrying out authorized purposes: Provided, That of the amount made
    available under this heading, $42,250,000 shall be available to make
    and supervise grants to the Middle East Television Network, including
    Radio Sawa, for radio and television broadcasting to the Middle East.

                        broadcasting capital improvements

        For the purchase, rent, construction, and improvement of facilities
    for radio transmission and reception, and purchase and installation of
    necessary equipment for radio and television transmission and reception
    as authorized, $11,395,000, to remain available until expended, as
    authorized.

           General Provisions--Department of State and Related Agency

        Sec. 401. Funds appropriated under this title shall be available,
    except as otherwise provided, for allowances and differentials as
    authorized by subchapter 59 of title 5, United States Code; for
    services as authorized by 5 U.S.C. 3109; and for hire of passenger
    transportation pursuant to 31 U.S.C. 1343(b).
        Sec. 402. Not to exceed 5 percent of any appropriation made
    available for the current fiscal year for the Department of State in
    this Act may be transferred between such appropriations, but no such
    appropriation, except as otherwise specifically provided, shall be
    increased by more than 10 percent by any such transfers: Provided, That
    not to exceed 5 percent of any appropriation made available for the
    current fiscal year for the Broadcasting Board of Governors in this Act
    may be transferred between such appropriations, but no such
    appropriation, except as otherwise specifically provided, shall be
    increased by more than 10 percent by any such transfers: Provided
    further, That any transfer pursuant to this section shall be treated as
    a reprogramming of funds under section 605 of this Act and shall not be
    available for obligation or expenditure except in compliance with the
    procedures set forth in that section.
        Sec. 403. None of the funds made available in this Act may be used
    by the Department of State or the Broadcasting Board of Governors to
    provide equipment, technical support, consulting services, or any other
    form of assistance to the Palestinian Broadcasting Corporation.
        Sec. 404. For the purposes of registration of birth, certification
    of nationality, or issuance of a passport of a United States citizen
    born in the city of Jerusalem, the Secretary of State shall, upon
    request of the citizen, record the place of birth as Israel.
        Sec. 405. Section 2502 of the Emergency Wartime Supplemental
    Appropriations Act, 2003 (Public Law 108-11) is repealed.
        Sec. 406. An application for a visa shall be denied without
    prejudice under section 221(g) of the Immigration and Nationality Act
    (8 U.S.C. 1201(g)) if the application is delayed for a period of more
    than 60 days from the date of application due to administrative
    processing by any agency in making a determination of inadmissibility
    under section 212(a)(3) of that Act (8 U.S.C. 1182(a)(3)).
        Sec. 407. Funds appropriated by this Act for the Broadcasting Board
    of Governors and the Department of State may be obligated and expended
    notwithstanding section 15 of the State Department Basic Authorities
    Act of 1956, section 313 of the Foreign Relations Authorization Act,
    Fiscal Years 1994 and 1995 (Public Law 103-236), and section 504(a)(1)
    of the National Security Act of 1947 (50 U.S.C. 414(a)(1)).
        Sec. 408. (a) The Senior Policy Operating Group on Trafficking in
    Persons, established under section 406 of division B of Public Law 108-
    7 to coordinate agency activities regarding policies (including grants
    and grant policies) involving the international trafficking in persons,
    shall coordinate all such policies related to the activities of
    traffickers and victims of severe forms of trafficking.
        (b) None of the funds provided in this or any other Act shall be
    expended to perform functions that duplicate coordinating
    responsibilities of the Operating Group.
        (c) The Operating Group shall continue to report only to the
    authorities that appointed them pursuant to section 406 of division B
    of Public Law 108-7.
        Sec. 409. The Secretary of State shall provide to a member of the
    Committee on Appropriations of the Senate or the Committee on
    Appropriations of the House of Representatives a copy of each cable
    sent to or by a Department of State employee that pertains to any topic
    specified by the requesting member, regardless of the level of
    classification of the cable, not later than 15 days after the date on
    which the member makes a written or verbal request for such copies.
        This title may be cited as the ``Department of State and Related
    Agency Appropriations Act, 2004''.

                           TITLE V--RELATED AGENCIES

                       Antitrust Modernization Commission

                              salaries and expenses

        For necessary expenses of the Antitrust Modernization Commission,
    as authorized by Public Law 107-273, $1,200,000, to remain available
    until expended.

          Commission for the Preservation of America's Heritage Abroad

                              salaries and expenses

        For expenses for the Commission for the Preservation of America's
    Heritage Abroad, $496,000, as authorized by section 1303 of Public Law
    99-83.

                           Commission on Civil Rights

                              Salaries and Expenses

        For necessary expenses of the Commission on Civil Rights, including
    hire of passenger motor vehicles, $9,096,000: Provided, That not to
    exceed $50,000 may be used to employ consultants: Provided further,
    That none of the funds appropriated in this paragraph shall be used to
    employ in excess of four full-time individuals under Schedule C of the
    Excepted Service exclusive of one special assistant for each
    Commissioner: Provided further, That none of the funds appropriated in
    this paragraph shall be used to reimburse Commissioners for more than
    75 billable days, with the exception of the chairperson, who is
    permitted 125 billable days.

                 Commission on International Religious Freedom

                              Salaries and Expenses

        For necessary expenses for the United States Commission on
    International Religious Freedom, as authorized by title II of the
    International Religious Freedom Act of 1998 (Public Law 105-292),
    $3,000,000, to remain available until expended.

                Commission on Security and Cooperation in Europe

                              salaries and expenses

        For necessary expenses of the Commission on Security and
    Cooperation in Europe, as authorized by Public Law 94-304, $1,615,000,
    to remain available until expended as authorized by section 3 of Public
    Law 99-7.

      Congressional-Executive Commission on the People's Republic of China

                              salaries and expenses

        For necessary expenses of the Congressional-Executive Commission on
    the People's Republic of China, as authorized, $1,800,000, including
    not more than $3,000 for the purpose of official representation, to
    remain available until expended: Provided, That $300,000 shall be for
    the Political Prisoners Registry.

                    Equal Employment Opportunity Commission

                              Salaries and Expenses

        For necessary expenses of the Equal Employment Opportunity
    Commission as authorized by title VII of the Civil Rights Act of 1964
    (29 U.S.C. 206(d) and 621-634), the Americans with Disabilities Act of
    1990, and the Civil Rights Act of 1991, including services as
    authorized by 5 U.S.C. 3109; hire of passenger motor vehicles as
    authorized by 31 U.S.C. 1343(b); non-monetary awards to private
    citizens; and not to exceed $33,000,000 for payments to State and local
    enforcement agencies for services to the Commission pursuant to title
    VII of the Civil Rights Act of 1964, sections 6 and 14 of the Age
    Discrimination in Employment Act, the Americans with Disabilities Act
    of 1990, and the Civil Rights Act of 1991, $328,400,000: Provided, That
    the Commission is authorized to make available for official reception
    and representation expenses not to exceed $2,500 from available funds.

                       Federal Communications Commission

                              Salaries and Expenses

        For necessary expenses of the Federal Communications Commission, as
    authorized by law, including uniforms and allowances therefor, as
    authorized by 5 U.S.C. 5901-5902; not to exceed $600,000 for land and
    structure; not to exceed $500,000 for improvement and care of grounds
    and repair to buildings; not to exceed $4,000 for official reception
    and representation expenses; purchase and hire of motor vehicles;
    special counsel fees; and services as authorized by 5 U.S.C. 3109,
    $273,958,000: Provided, That $272,958,000 of offsetting collections
    shall be assessed and collected pursuant to section 9 of title I of the
    Communications Act of 1934, shall be retained and used for necessary
    expenses in this appropriation, and shall remain available until
    expended: Provided further, That the sum herein appropriated shall be
    reduced as such offsetting collections are received during fiscal year
    2004 so as to result in a final fiscal year 2004 appropriation
    estimated at $1,000,000: Provided further, That any offsetting
    collections received in excess of $272,958,000 in fiscal year 2004
    shall remain available until expended, but shall not be available for
    obligation until October 1, 2004: Provided further, That
    notwithstanding 47 U.S.C. 309(j)(8)(B), proceeds from the use of a
    competitive bidding system that may be retained and made available for
    obligation shall not exceed $85,000,000 for fiscal year 2004.

                            Federal Trade Commission

                              salaries and expenses

        For necessary expenses of the Federal Trade Commission, including
    uniforms or allowances therefor, as authorized by 5 U.S.C. 5901-5902;
    services as authorized by 5 U.S.C. 3109; hire of passenger motor
    vehicles; and not to exceed $2,000 for official reception and
    representation expenses, $186,041,000, to remain available until
    expended: Provided, That not to exceed $300,000 shall be available for
    use to contract with a person or persons for collection services in
    accordance with the terms of 31 U.S.C. 3718: Provided further, That,
    notwithstanding any other provision of law, not to exceed $112,000,000
    of offsetting collections derived from fees collected for premerger
    notification filings under the Hart-Scott-Rodino Antitrust Improvements
    Act of 1976 (15 U.S.C. 18a), regardless of the year of collection,
    shall be retained and used for necessary expenses in this
    appropriation: Provided further, That $23,100,000 in offsetting
    collections derived from fees sufficient to implement and enforce the
    Telemarketing Sales Rule, promulgated under the Telephone Consumer
    Fraud and Abuse Prevention Act (15 U.S.C. 6101 et seq.), shall be
    credited to this account, and be retained and used for necessary
    expenses in this appropriation: Provided further, That the sum herein
    appropriated from the general fund shall be reduced as such offsetting
    collections are received during fiscal year 2004, so as to result in a
    final fiscal year 2004 appropriation from the general fund estimated at
    not more than $50,941,000: Provided further, That none of the funds
    made available to the Federal Trade Commission may be used to enforce
    subsection (e) of section 43 of the Federal Deposit Insurance Act (12
    U.S.C. 1831t) or section 151(b)(2) of the Federal Deposit Insurance
    Corporation Improvement Act of 1991 (12 U.S.C. 1831t note): Provided
    further, That, not later than 60 days after the date of enactment of
    this Act, the Federal Trade Commission shall amend the Telemarketing
    Sales Rule to require telemarketers subject to the Telemarketing Sales
    Rule to obtain from the Federal Trade Commission the list of telephone
    numbers on the ``do-not-call'' registry once a month.

                                HELP Commission

                              salaries and expenses

        For necessary expenses of the HELP Commission, $3,000,000, to
    remain available until expended.

                           Legal Services Corporation

                    payment to the legal services corporation

        For payment to the Legal Services Corporation to carry out the
    purposes of the Legal Services Corporation Act of 1974, $338,848,000,
    of which $317,471,000 is for basic field programs and required
    independent audits; $2,600,000 is for the Office of Inspector General,
    of which such amounts as may be necessary may be used to conduct
    additional audits of recipients; $13,300,000 is for management and
    administration; $2,977,000 is for client self-help and information
    technology; and $2,500,000 is for grants to offset losses due to census
    adjustments.

               Administrative Provision--Legal Services Corporation

        None of the funds appropriated in this Act to the Legal Services
    Corporation shall be expended for any purpose prohibited or limited by,
    or contrary to any of the provisions of, sections 501, 502, 503, 504,
    505, and 506 of Public Law 105-119, and all funds appropriated in this
    Act to the Legal Services Corporation shall be subject to the same
    terms and conditions set forth in such sections, except that all
    references in sections 502 and 503 to 1997 and 1998 shall be deemed to
    refer instead to 2003 and 2004, respectively, and except that section
    501(a)(1) of Public Law 104-134 (110 Stat. 1321-51, et seq.) shall not
    apply to the use of the $2,500,000 to address loss of funding due to
    Census-based reallocations.

                            Marine Mammal Commission

                              salaries and expenses

        For necessary expenses of the Marine Mammal Commission as
    authorized by title II of Public Law 92-522, $1,856,000.

               National Veterans Business Development Corporation

        For necessary expenses of the National Veterans Business
    Development Corporation as authorized under section 33(a) of the Small
    Business Act, $2,000,000, to remain available until expended.

                       Securities and Exchange Commission

                              salaries and expenses

        For necessary expenses for the Securities and Exchange Commission,
    including services as authorized by 5 U.S.C. 3109, the rental of space
    (to include multiple year leases) in the District of Columbia and
    elsewhere, and not to exceed $3,000 for official reception and
    representation expenses, $811,500,000; of which not to exceed $10,000
    may be used toward funding a permanent secretariat for the
    International Organization of Securities Commissions; and of which not
    to exceed $100,000 shall be available for expenses for consultations
    and meetings hosted by the Commission with foreign governmental and
    other regulatory officials, members of their delegations, appropriate
    representatives and staff to exchange views concerning developments
    relating to securities matters, development and implementation of
    cooperation agreements concerning securities matters and provision of
    technical assistance for the development of foreign securities markets,
    such expenses to include necessary logistic and administrative expenses
    and the expenses of Commission staff and foreign invitees in attendance
    at such consultations and meetings including: (1) such incidental
    expenses as meals taken in the course of such attendance; (2) any
    travel and transportation to or from such meetings; and (3) any other
    related lodging or subsistence: Provided, That fees and charges
    authorized by sections 6(b) of the Securities Exchange Act of 1933 (15
    U.S.C. 77f(b)), and 13(e), 14(g) and 31 of the Securities Exchange Act
    of 1934 (15 U.S.C. 78m(e), 78n(g), and 78ee), shall be credited to this
    account as offsetting collections: Provided further, That not to exceed
    $691,500,000 of such offsetting collections shall be available until
    expended for necessary expenses of this account: Provided further, That
    $120,000,000 shall be derived from prior year unobligated balances from
    funds previously appropriated to the Securities and Exchange
    Commission: Provided further, That the total amount appropriated under
    this heading from the general fund for fiscal year 2004 shall be
    reduced as such offsetting fees are received so as to result in a final
    total fiscal year 2004 appropriation from the general fund estimated at
    not more than $0.

                         Small Business Administration

                              Salaries and Expenses

        For necessary expenses, not otherwise provided for, of the Small
    Business Administration as authorized by Public Law 105-135, including
    hire of passenger motor vehicles as authorized by 31 U.S.C. 1343 and
    1344, and not to exceed $3,500 for official reception and
    representation expenses, $325,750,000: Provided, That the Administrator
    is authorized to charge fees to cover the cost of publications
    developed by the Small Business Administration, and certain loan
    servicing activities: Provided further, That, notwithstanding 31 U.S.C.
    3302, revenues received from all such activities shall be credited to
    this account, to be available for carrying out these purposes without
    further appropriations: Provided further, That $89,000,000 shall be
    available to fund grants for performance in fiscal year 2004 or fiscal
    year 2005 as authorized.

                           Office of Inspector General

        For necessary expenses of the Office of Inspector General in
    carrying out the provisions of the Inspector General Act of 1978,
    $13,000,000.

                          Business Loans Program Account

        For the cost of direct loans, $1,910,000, to be available until
    expended; and for the cost of guaranteed loans, $79,132,000, as
    authorized by 15 U.S.C. 631 note, of which $45,000,000 shall remain
    available until September 30, 2005: Provided, That such costs,
    including the cost of modifying such loans, shall be as defined in
    section 502 of the Congressional Budget Act of 1974: Provided further,
    That during fiscal year 2004 commitments to guarantee loans under
    section 503 of the Small Business Investment Act of 1958, shall not
    exceed $4,500,000,000: Provided further, That during fiscal year 2004
    commitments for general business loans authorized under section 7(a) of
    the Small Business Act, shall not exceed $10,000,000,000 without prior
    notification of the Committees on Appropriations of the House of
    Representatives and Senate in accordance with section 605 of this Act:
    Provided further, That during fiscal year 2004 commitments to guarantee
    loans for debentures and participating securities under section 303(b)
    of the Small Business Investment Act of 1958, shall not exceed the
    levels established by section 20(i)(1)(C) of the Small Business Act.
        In addition, for administrative expenses to carry out the direct
    and guaranteed loan programs, $128,000,000, which may be transferred to
    and merged with the appropriations for Salaries and Expenses.

                          Disaster Loans Program Account

        For the cost of direct loans authorized by section 7(b) of the
    Small Business Act, $56,188,000, to remain available until expended:
    Provided, That such costs, including the cost of modifying such loans,
    shall be as defined in section 502 of the Congressional Budget Act of
    1974.
        In addition, for administrative expenses to carry out the direct
    loan program, $114,363,000, which may be transferred to and merged with
    appropriations for Salaries and Expenses, of which $500,000 is for the
    Office of Inspector General of the Small Business Administration for
    audits and reviews of disaster loans and the disaster loan program and
    shall be transferred to and merged with appropriations for the Office
    of Inspector General; of which $105,363,000 is for direct
    administrative expenses of loan making and servicing to carry out the
    direct loan program; and of which $8,500,000 is for indirect
    administrative expenses: Provided, That any amount in excess of
    $8,500,000 to be transferred to and merged with appropriations for
    Salaries and Expenses for indirect administrative expenses shall be
    treated as a reprogramming of funds under section 605 of this Act and
    shall not be available for obligation or expenditure except in
    compliance with the procedures set forth in that section.

             Administrative Provision--Small Business Administration

        Not to exceed 5 percent of any appropriation made available for the
    current fiscal year for the Small Business Administration in this Act
    may be transferred between such appropriations, but no such
    appropriation shall be increased by more than 10 percent by any such
    transfers: Provided, That any transfer pursuant to this paragraph shall
    be treated as a reprogramming of funds under section 605 of this Act
    and shall not be available for obligation or expenditure except in
    compliance with the procedures set forth in that section.

                            State Justice Institute

                              Salaries and Expenses

        For necessary expenses of the State Justice Institute, as
    authorized by the State Justice Institute Authorization Act of 1992
    (Public Law 102-572), $2,250,000: Provided, That not to exceed $2,500
    shall be available for official reception and representation expenses.

          United States-China Economic and Security Review Commission

                              Salaries and Expenses

        For necessary expenses of the United States-China Economic and
    Security Review Commission, $2,000,000.

                          TITLE VI--GENERAL PROVISIONS

                             (including rescissions)

        Sec. 601. No part of any appropriation contained in this Act shall
    be used for publicity or propaganda purposes not authorized by the
    Congress.
        Sec. 602. 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. 603. The expenditure of any appropriation under this Act for
    any consulting service through procurement contract, pursuant to 5
    U.S.C. 3109, shall be limited to those contracts where such
    expenditures are a matter of public record and available for public
    inspection, except where otherwise provided under existing law, or
    under existing Executive order issued pursuant to existing law.
        Sec. 604. If any provision of this Act or the application of such
    provision to any person or circumstances shall be held invalid, the
    remainder of the Act and the application of each provision to persons
    or circumstances other than those as to which it is held invalid shall
    not be affected thereby.
        Sec. 605. (a) None of the funds provided under this Act, or
    provided under previous appropriations Acts to the agencies funded by
    this Act that remain available for obligation or expenditure in fiscal
    year 2004, or provided from any accounts in the Treasury of the United
    States derived by the collection of fees available to the agencies
    funded by this Act, shall be available for obligation or expenditure
    through a reprogramming of funds that: (1) creates new programs; (2)
    eliminates a program, project, or activity; (3) increases funds or
    personnel by any means for any project or activity for which funds have
    been denied or restricted; (4) relocates an office or employees; (5)
    reorganizes or renames offices; (6) reorganizes programs or activities;
    or (7) contracts out or privatizes any functions or activities
    presently performed by Federal employees; unless the Appropriations
    Committees of both Houses of Congress are notified 15 days in advance
    of such reprogramming of funds.
        (b) None of the funds provided under this Act, or provided under
    previous appropriations Acts to the agencies funded by this Act that
    remain available for obligation or expenditure in fiscal year 2004, or
    provided from any accounts in the Treasury of the United States derived
    by the collection of fees available to the agencies funded by this Act,
    shall be available for obligation or expenditure for activities,
    programs, or projects through a reprogramming of funds in excess of
    $500,000 or 10 percent, whichever is less, that: (1) augments existing
    programs, projects (including construction projects), or activities;
    (2) reduces by 10 percent funding for any existing program, project, or
    activity, or numbers of personnel by 10 percent as approved by
    Congress; or (3) results from any general savings from a reduction in
    personnel which would result in a change in existing programs,
    activities, or projects as approved by Congress; unless the
    Appropriations Committees of both Houses of Congress are notified 15
    days in advance of such reprogramming of funds.
        Sec. 606. None of the funds made available in this Act may be used
    for the construction, repair (other than emergency repair), overhaul,
    conversion, or modernization of vessels for the National Oceanic and
    Atmospheric Administration in shipyards located outside of the United
    States.
        Sec. 607. 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. 608. None of the funds made available in this Act may be used
    to implement, administer, or enforce any guidelines of the Equal
    Employment Opportunity Commission covering harassment based on
    religion, when it is made known to the Federal entity or official to
    which such funds are made available that such guidelines do not differ
    in any respect from the proposed guidelines published by the Commission
    on October 1, 1993 (58 Fed. Reg. 51266).
        Sec. 609. None of the funds appropriated or otherwise made
    available by this Act or any other Act may be used to implement,
    enforce, or otherwise abide by the Memorandum of Agreement signed by
    the Federal Trade Commission and the Antitrust Division of the
    Department of Justice on March 5, 2002.
        Sec. 610. None of the funds made available by this Act may be used
    for any United Nations undertaking when it is made known to the Federal
    official having authority to obligate or expend such funds that: (1)
    the United Nations undertaking is a peacekeeping mission; (2) such
    undertaking will involve United States Armed Forces under the command
    or operational control of a foreign national; and (3) the President's
    military advisors have not submitted to the President a recommendation
    that such involvement is in the national security interests of the
    United States and the President has not submitted to the Congress such
    a recommendation.
        Sec. 611. The Departments of Commerce, Justice, and State, the
    Judiciary and the Small Business Administration shall provide to the
    Committees on Appropriations of the Senate and of the House of
    Representatives a quarterly accounting of the cumulative balances of
    any unobligated funds that were received by such agency during any
    previous fiscal year.
        Sec. 612. (a) None of the funds appropriated or otherwise made
    available by this Act shall be expended for any purpose for which
    appropriations are prohibited by section 609 of the Departments of
    Commerce, Justice, and State, the Judiciary, and Related Agencies
    Appropriations Act, 1999.
        (b) The requirements in subparagraphs (A) and (B) of section 609 of
    that Act shall continue to apply during fiscal year 2004.
        Sec. 613. Any costs incurred by a department or agency funded under
    this Act resulting from personnel actions taken in response to funding
    reductions included in this Act shall be absorbed within the total
    budgetary resources available to such department or agency: Provided,
    That the authority to transfer funds between appropriations accounts as
    may be necessary to carry out this section is provided in addition to
    authorities included elsewhere in this Act: Provided further, That use
    of funds to carry out this section shall be treated as a reprogramming
    of funds under section 605 of this Act and shall not be available for
    obligation or expenditure except in compliance with the procedures set
    forth in that section.
        Sec. 614. Of the funds appropriated in this Act under the heading
    ``Office of Justice Programs--State and Local Law Enforcement
    Assistance'', not more than 90 percent of the amount to be awarded to
    an entity under the Local Law Enforcement Block Grant shall be made
    available to such an entity when it is made known to the Federal
    official having authority to obligate or expend such funds that the
    entity that employs a public safety officer (as such term is defined in
    section 1204 of title I of the Omnibus Crime Control and Safe Streets
    Act of 1968) does not provide such a public safety officer who retires
    or is separated from service due to injury suffered as the direct and
    proximate result of a personal injury sustained in the line of duty
    while responding to an emergency situation or a hot pursuit (as such
    terms are defined by State law) with the same or better level of health
    insurance benefits at the time of retirement or separation as they
    received while on duty.
        Sec. 615. None of the funds provided by this Act shall be available
    to promote the sale or export of tobacco or tobacco products, or to
    seek the reduction or removal by any foreign country of restrictions on
    the marketing of tobacco or tobacco products, except for restrictions
    which are not applied equally to all tobacco or tobacco products of the
    same type.
        Sec. 616. (a) None of the funds appropriated or otherwise made
    available by this Act shall be expended for any purpose for which
    appropriations are prohibited by section 616 of the Departments of
    Commerce, Justice, and State, the Judiciary, and Related Agencies
    Appropriations Act, 1999.
        (b) The requirements in subsections (b) and (c) of section 616 of
    that Act shall continue to apply during fiscal year 2004.
        Sec. 617. (a) None of the funds appropriated pursuant to this Act
    or any other provision of law may be used for--
            (1) the implementation of any tax or fee in connection with the
        implementation of subsection 922(t) of title 18, United States
        Code; and
            (2) any system to implement subsection 922(t) of title 18,
        United States Code, that does not require and result in the
        destruction of any identifying information submitted by or on
        behalf of any person who has been determined not to be prohibited
        from possessing or receiving a firearm no more than 24 hours after
        the system advises a Federal firearms licensee that possession or
        receipt of a firearm by the prospective transferee would not
        violate subsection (g) or (n) of section 922 of title 18, United
        States Code, or State law.
        (b) Subsection (a)(2) shall take effect not later than 180 days
    after enactment of this Act.
        Sec. 618. Notwithstanding any other provision of law, amounts
    deposited or available in the Fund established under 42 U.S.C. 10601 in
    any fiscal year in excess of $625,000,000 shall not be available for
    obligation until the following fiscal year.
        Sec. 619. None of the funds made available to the Department of
    Justice in this Act may be used to discriminate against or denigrate
    the religious or moral beliefs of students who participate in programs
    for which financial assistance is provided from those funds, or of the
    parents or legal guardians of such students.
        Sec. 620. None of the funds appropriated or otherwise made
    available to the Department of State shall be available for the purpose
    of granting either immigrant or nonimmigrant visas, or both, consistent
    with the determination of the Secretary of State under section 243(d)
    of the Immigration and Nationality Act, to citizens, subjects,
    nationals, or residents of countries that the Secretary of Homeland
    Security has determined deny or unreasonably delay accepting the return
    of citizens, subjects, nationals, or residents under that section.
        Sec. 621. For additional amounts under the heading ``Small Business
    Administration, Salaries and Expenses'', $1,592,000 shall be available
    for the Advanced and Applied Polymer Processing Institute; $500,000
    shall be available for Northeast South Dakota Tech-Based Skills
    Development; $750,000 shall be available for the Southern Methodist
    University Law School Rule of Law; $1,000,000 shall be available for
    the Accelerated Entrepreneur ``AcE'' Program; $500,000 shall be
    available for the National Mass Fatalities Institute; $1,000,000 shall
    be available for the Textile Tracers Program; $500,000 shall be
    available for the Maryland Technology-Based Rural Business Incubation
    Initiative; $1,000,000 shall be available for the Northeast Indiana
    Innovation Center; $750,000 shall be available for the Lewis and Clark
    Bicentennial Bi-State Safety Project; $1,000,000 shall be available for
    the Greenville Automotive Research Park; $1,000,000 shall be available
    for the Indiana University Kokomo Business Incubator; $1,593,000 shall
    be available for the Tuck School of Business for its partnership with
    the Minority Business Development Administration; $500,000 shall be
    available for Project Restore; $325,000 shall be available for the
    School of the Building Arts Trade Program; $500,000 shall be available
    for the South Carolina Export Consortium; $500,000 shall be available
    for the Freewoods Farm Living Farm Museum in Horry County, South
    Carolina; $1,590,000 shall be available for the Alaska InvestNet/
    Technology Venture Center and Tech Ranch in Montana; $1,000,000 shall
    be available for Youth and Family with Promises; $500,000 shall be
    available for the Wisconsin Procurement Institute; $1,000,000 shall be
    available for the Next Generation Economy Initiative; $1,000,000 shall
    be available for the Westside Intercept Project; $250,000 shall be
    available for the International Trade Data Network; $1,000,000 shall be
    available for the University of Missouri-St. Louis Information
    Technology Incubator Project; $750,000 shall be available for the Idaho
    Virtual Incubator/Lewis-Clark State College; $850,000 shall be
    available for the UNI Student Business Incubator; $1,500,000 shall be
    available for the promotion and operation of the grant to the Adelante
    Development Center, Inc., in Albuquerque, New Mexico; $250,000 shall be
    available for the Mississippi Delta Technology Council; $2,250,000
    shall be available for a grant to the Virginia Community College System
    (VCCS) for improvement of distance learning programs; $175,000 shall be
    available for a grant to the Loudoun Convention and Visitors
    Association in Virginia; $100,000 shall be available for a grant to The
    Cedar Creek Battlefield Foundation; $100,000 shall be available for a
    grant to Belle Grove Plantation; $750,000 shall be available for a
    grant to Shenandoah University to develop a historical and tourism
    development facility; $1,000,000 shall be available for a grant to the
    Northern Virginia Technology Council for a technology entrepreneurship
    development and resource center; $100,000 shall be available for a
    grant to the Washington Airports Task Force to promote small business
    growth of passenger, cargo and other aviation services; $100,000 shall
    be available for a grant to Team Northeast Ohio; $500,000 shall be
    available for a grant to Wilberforce University for a technology
    initiative; $250,000 shall be available for a grant for REI Rural
    Business Resources Center in Seminole, Oklahoma; $1,100,000 shall be
    available for a grant to Iowa State University for the development of a
    research park biologics facility; $200,000 shall be available for a
    grant to the Clarion County Economic Development Corporation; $200,000
    shall be available for a grant to the Venango Economic Development
    Corporation; $900,000 shall be available for a grant to the Illinois
    Institute of Technology to examine and assess advancements in
    biotechnologies; $1,000,000 shall be available for the Illinois
    Coalition for technology development assistance activities; $200,000
    shall be available for a grant for the Port of Benton for the planning
    of a science and technology park in Richland, Washington; $1,500,000
    shall be available for a grant to Rockford Area Ventures, Rockford,
    Illinois, to establish a small manufacturing business incubator and
    technology research and development center; $100,000 shall be available
    for a grant to Western Kentucky University for a business incubator;
    $200,000 shall be available for a grant for the Chicago Field Museum
    for a collections resource center; $100,000 shall be available for a
    grant for the Purdue University School of Pharmacy for the development
    of a national center for pharmaceutical technology; $100,000 shall be
    available for a grant to the Cedarbridge Development Urban Renewal
    Corporation for facilities development; $100,000 shall be available for
    a grant for Concourse Village in the Bronx, New York; $500,000 shall be
    available for a grant to Pro Co Technology Computer Training Center in
    the Bronx, New York, for a computer learning center; $200,000 shall be
    available for a grant for the Promesa Foundation in South Bronx, New
    York, to provide community growth funding; $560,000 shall be available
    for a grant to Bronx Shepherds for a community resource center;
    $200,000 shall be available for a grant to HOGAR, Inc., in the Bronx,
    New York; $100,000 shall be available for a grant to the Alliance for
    Community Services for economic development in the Bronx, New York;
    $300,000 shall be available for a grant to Promesa Enterprises to
    provide services and support to community based organizations in the
    Bronx, New York; $300,000 shall be available for a grant to Bronx
    Overall Economic Development Corporation for technical assistance
    opportunities for businesses; $250,000 shall be available for a grant
    to St. Mary's College for a telecommunications initiative; $1,200,000
    shall be available for a grant to the MountainMade Foundation to
    fulfill its charter purposes and to continue the initiative developed
    by the NTTC for outreach and promotion, business and sites development,
    the education of artists and craftspeople, and to promote small
    businesses, artisans and their products through market development,
    advertisement, commercial sale and other promotional means; $1,000,000
    shall be available for the Providence, Rhode Island Center for Women
    and Enterprise for infrastructure development; $1,200,000 shall be
    available for a grant for Northwest Shoals Community College to
    establish a Center for Business and Industry; $950,000 shall be
    available for a grant to the Family and Children's Service in
    Minneapolis, Minnesota for community support and development programs;
    $1,000,000 shall be available for a grant to the Wisconsin Procurement
    Institute to develop an electronic based system to provide access and
    opportunity to Federal funding; $200,000 shall be for a grant to the
    National Association of Development Organizations Research Foundation
    to provide training and education assistance to small business
    development finance professionals; $750,000 shall be for a grant to the
    North Carolina Rural Economic Development Center for expenses and
    activities in support of the Capital Access Program; $500,000 shall be
    for a grant for the Women's Initiative for Self Employment in San
    Francisco, California; $400,000 shall be for a grant to Johnstown Area
    Regional Industries in Pennsylvania for workforce development training
    programs and Small Business Technology Centers; $400,000 shall be for a
    grant to Seton Hill University for expenses in support of the Virtual
    Entrepreneurial Center; $200,000 shall be for a grant to the Economic
    Growth Connection Paperless Procurement Program; $200,000 shall be for
    a grant for the Ridgewood Myrtle Avenue Business Improvement District
    to conduct a redevelopment study; $400,000 shall be for a grant to
    Progress, Inc., to establish a Community Technology Center; $150,000
    shall be for a grant for UPROSE for the ``Sunset Youth Industries''
    project; $415,000 shall be available for a grant to the Southern and
    Eastern Kentucky Tourism Development Association for continuation of a
    regional tourism promotion initiative; and $300,000 shall be for the
    Arthur Avenue Retail Market in the Bronx, New York, for facility,
    improvement, and maintenance needs to meet the Market's business
    requirements: Provided, That section 625 of title I of division B of
    Public Law 108-7 is amended with respect to a grant of: (1) $450,000 to
    the Bronx Council on the Arts by striking ``help promote stabilization
    of small arts organizations'' and inserting ``provide financial
    assistance to small arts organizations to help promote stabilization'';
    and (2) $500,000 to the City of Merrill, Wisconsin by striking all that
    follows after ``Wisconsin'' and inserting ``for the capitalization of a
    business development fund.''.
        Sec. 622. None of the funds made available to the Department of
    Justice in this Act may be used for the purpose of transporting an
    individual who is a prisoner pursuant to conviction for crime under
    State or Federal law and is classified as a maximum or high security
    prisoner, other than to a prison or other facility certified by the
    Federal Bureau of Prisons as appropriately secure for housing such a
    prisoner.
        Sec. 623. (a) None of the funds appropriated by this Act may be
    used by Federal prisons to purchase cable television services, to rent
    or purchase videocassettes, videocassette recorders, or other
    audiovisual or electronic equipment used primarily for recreational
    purposes.
        (b) The preceding sentence does not preclude the renting,
    maintenance, or purchase of audiovisual or electronic equipment for
    inmate training, religious, or educational programs.
        Sec. 624. A Deputy Assistant Administrator for non-contiguous
    States and territories shall, through the Senior Executive Service,
    administer Small Business Administration programs in Alaska, Hawaii,
    and the territories, including disaster loans to fishermen, programs
    benefitting Alaska Native Corporations and Native Hawaiians, including
    but not limited to section 8(a) and Historically Underutilized Business
    Zones, and all other programs serving Alaska Natives and Native
    Hawaiians. All disaster loans issued in Alaska shall be administered by
    the Small Business Administration and shall not be sold during fiscal
    year 2004.
        Sec. 625. 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. 626. The Secretary of Commerce shall negotiate or reevaluate,
    with the consent of the President, international agreements affecting
    international ocean policy.
        Sec. 627. The Departments of Commerce, Justice, State, the
    Judiciary, and the Small Business Administration shall each establish a
    policy under which eligible employees may participate in telecommuting
    to the maximum extent possible without diminished employee performance:
    Provided, That, not later than 6 months after the date of the enactment
    of this Act, each of the aforementioned entities shall provide that the
    requirements of this section are applied to 100 percent of the
    workforce: Provided further, That, of the funds appropriated in this
    Act for the Departments of Commerce, Justice, and State, the Judiciary,
    and the Small Business Administration, $200,000 shall be available to
    each Department or agency only to implement telecommuting programs:
    Provided further, That, every 6 months, each Department or agency shall
    provide a report to the Committees on Appropriations on the status of
    telecommuting programs, including the number of Federal employees
    eligible for, and participating in, such programs, and uses of funds
    designated under this section: Provided further, That each Department
    or agency shall designate a ``Telework Coordinator'' to be responsible
    for overseeing the implementation of telecommuting programs and serve
    as a point of contact on such programs for the Committees on
    Appropriations.
        Sec. 628. The paragraph under the heading ``Small Business
    Administration--Disaster Loans Program Account'' in chapter 2 of
    division B of Public Law 107-117 is amended by inserting ``or section
    7(b) of the Small Business Act'' after ``September 11, 2001''.
        Sec. 629. The Telecommunications Act of 1996 is amended as
    follows--
            (1) in section 202(c)(1)(B) by striking ``35 percent'' and
        inserting ``39 percent'';
            (2) in section 202(c) by adding the following new paragraphs at
        the end:
            ``(3) Divestiture.--A person or entity that exceeds the 39
        percent national audience reach limitation for television stations
        in paragraph (1)(B) through grant, transfer, or assignment of an
        additional license for a commercial television broadcast station
        shall have not more than 2 years after exceeding such limitation to
        come into compliance with such limitation. This divestiture
        requirement shall not apply to persons or entities that exceed the
        39 percent national audience reach limitation through population
        growth.
            ``(4) Forbearance.--Section 10 of the Communications Act of
        1934 (47 U.S.C. 160) shall not apply to any person or entity that
        exceeds the 39 percent national audience reach limitation for
        television stations in paragraph (1)(B);''; and
            (3) in section 202(h) by striking ``biennially'' and inserting
        ``quadrennially'' and by adding the following new flush sentence at
        the end:
    ``This subsection does not apply to any rules relating to the 39
    percent national audience reach limitation in subsection (c)(1)(B).''.
        Sec. 630. (a) Tracing studies conducted by the Bureau of Alcohol,
    Tobacco, Firearms, and Explosives are released without adequate
    disclaimers regarding the limitations of the data.
        (b) The Bureau of Alcohol, Tobacco, Firearms, and Explosives shall
    include in all such data releases, language similar to the following
    that would make clear that trace data cannot be used to draw broad
    conclusions about firearms-related crime:
            (1) Firearm traces are designed to assist law enforcement
        authorities in conducting investigations by tracking the sale and
        possession of specific firearms. Law enforcement agencies may
        request firearms traces for any reason, and those reasons are not
        necessarily reported to the Federal Government. Not all firearms
        used in crime are traced and not all firearms traced are used in
        crime.
            (2) Firearms selected for tracing are not chosen for purposes
        of determining which types, makes or models of firearms are used
        for illicit purposes. The firearms selected do not constitute a
        random sample and should not be considered representative of the
        larger universe of all firearms used by criminals, or any subset of
        that universe. Firearms are normally traced to the first retail
        seller, and sources reported for firearms traced do not necessarily
        represent the sources or methods by which firearms in general are
        acquired for use in crime.
        Sec. 631. Section 503(f) of the Small Business Investment Act of
    1958 (15 U.S.C. 697(f)) shall be amended by substituting ``March 15,
    2004'' for the last date that appears in the subsection.
        Sec. 632. In addition to amounts otherwise appropriated in this
    Act, the unobligated balances previously made available by section
    507(g) of Public Law 105-135 shall be available until expended for the
    cost of general business loans under section 7(a) of the Small Business
    Act.
        Sec. 633. (a) There is established in the Treasury of the United
    States a trust fund to be known as the International Center for Middle
    Eastern-Western Dialogue Trust Fund. The income from the fund shall be
    used for operations of the International Center for Middle Eastern-
    Western Dialogue to promote dialogue and scholarship in the Middle
    East. The fund may accept contributions and gifts from public and
    private sources.
        (b) It shall be the duty of the Secretary of the Treasury to invest
    in full amounts made available to the fund. Such investments may be
    made only in interest-bearing obligations of the United States or in
    obligations guaranteed as to both principal and interest by the United
    States. The interest on, and the proceeds from the sale or redemption
    of, any obligations held in the fund shall be credited to and form a
    part of the fund and shall remain available without fiscal year
    limitation.
        (c) For each fiscal year, there is authorized to be appropriated
    from the fund for the operations of the International Center for Middle
    Eastern-Western Dialogue the total amount of the interest and earnings
    credited to the fund under subsection (b).
        (d) There are authorized to be appropriated to the International
    Center for Middle Eastern-Western Dialogue Trust Fund, without fiscal
    year limitation, such sums as may be necessary to carry out the
    provisions of this section and to provide for the permanent endowment
    for the International Center for Middle Eastern-Western Dialogue
    established under this section.
        (e) The United States, through the Department of State, shall
    retain ownership of the Palazzo Corpi building in Istanbul, Turkey, and
    the Secretary of State shall be responsible for maintaining the
    International Center for Middle Eastern-Western Dialogue at such
    location.
        (f) Section 1321(a) of title 31, United States Code, is amended by
    inserting after ``(58) Inmates' fund, workhouse and reformatory,
    District of Columbia.'' the following new paragraph:
            ``(59) International Center for Middle Eastern-Western Dialogue
        Trust Fund.''.
        Sec. 634. None of the funds appropriated or otherwise made
    available under this Act may be used to issue patents on claims
    directed to or encompassing a human organism.
        Sec. 635. None of the funds made available in this Act may be used
    to pay expenses for any United States delegation to the United Nations
    Human Rights Commission if such commission is chaired or presided over
    by a country, the government of which the Secretary of State has
    determined, for purposes of section 6(j)(1) of the Export
    Administration Act of 1979 (50 U.S.C. App. 2405(j)(1)), has repeatedly
    provided support for acts of international terrorism.
        Sec. 636. None of the funds made available in this Act may be used
    in violation of section 212(a)(10)(C) of the Immigration and
    Nationality Act.
        Sec. 637. (a) This section may be cited as the ``HELP Commission
    Act''.
        (b)(1) The Congress finds that, despite the long-standing efforts
    and resources of the United States dedicated to helping needy people
    around the world, despair remains and in many areas is growing.
        (2) Therefore, a commission should be established to bring together
    the best minds associated with development and humanitarian assistance
    to make a comprehensive review of--
            (A) policy decisions, including why certain development
        projects are funded and others are not, successes, and best
        practices, including their applicability to other existing programs
        and projects;
            (B) delivery obstacles, including the roles of United States
        agencies and other governmental and nongovernmental organizations;
            (C) methodology, including whether the delivery of United
        States development assistance always represents best practices and
        whether it can be improved; and
            (D) results, including measuring improvements in human capacity
        instead of in purely economic terms.
        (3) An examination of these issues should present new approaches
    and ideas to ensure that United States development assistance reaches
    and benefits its intended recipients.
        (c)(1) There is established the Helping to Enhance the Livelihood
    of People (HELP) Around the Globe Commission (in this section referred
    to as the ``Commission'').
        (2) The Commission shall--
            (A) identify the past and present objectives of United States
        development assistance, identify cases in which those objectives
        have been met, identify the beneficiaries of such assistance, and
        what percentage of the funds provided actually reached the intended
        beneficiaries;
            (B) identify cases in which United States development
        assistance has been most successful, and analyze how such successes
        may be transferable to other countries or areas;
            (C) study ways to expand educational opportunities and
        investments in people, and assess infrastructure needs;
            (D) analyze how the United States could place conditions on
        governments in countries receiving United States development
        assistance, in light of and notwithstanding the objectives of the
        Millennium Challenge Account;
            (E) analyze ways in which the United States can coordinate its
        development assistance programs with those of other donor countries
        and international organizations;
            (F) analyze ways in which the safety of development assistance
        workers can be ensured, particularly in the midst of conflicts;
            (G) compare the effectiveness of increased and open trade with
        development assistance, and analyze the advantages and
        disadvantages of such trade and whether such trade could be a more
        effective alternative to United States development assistance;
            (H) analyze ways in which the United States can strengthen the
        capacity of indigenous nongovernmental organizations to be more
        effective in grassroots development;
            (I) analyze ways in which decisions on providing development
        assistance can involve more of the people of the recipient
        countries;
            (J) analyze ways in which results can be measured if United
        States development assistance is targeted to the least developed
        countries;
            (K) recommend standards that should be set for ``graduating''
        recipient countries from United States development assistance;
            (L) analyze whether United States development assistance should
        be used as a means to achieve United States foreign policy
        objectives;
            (M) analyze how the United States can evaluate the performance
        of its development assistance programs not only against economic
        indicators, but in other ways, including how to measure the success
        of United States development assistance in democratization efforts;
        and evaluate the existing foreign assistance framework to ascertain
        the degree of coordination, or lack thereof, of the disparate
        foreign development programs as administered by the various Federal
        agencies, to identify and assess the redundancies of programs and
        organizational structures engaged in foreign assistance, and to
        recommend revisions to authorizing legislation for foreign
        assistance that would seek to reconcile competing foreign policy
        and foreign aid goals; and
            (N) study any other areas that the Commission considers
        necessary relating to United States development assistance.
        (d)(1) The Commission shall be composed of 21 members as follows:
            (A) Six members shall be appointed by the President, of whom at
        least two shall be representatives of nongovernmental
        organizations.
            (B) Four members shall be appointed by the majority leader of
        the Senate, and three members shall be appointed by the minority
        leader of the Senate.
            (C) Four members shall be appointed by the Speaker of the House
        of Representatives, and three members shall be appointed by the
        minority leader of the House of Representatives.
            (D) The Administrator of the United States Agency for
        International Development shall serve as a member of the
        Commission, ex officio.
        (2) Members under subparagraphs (A) through (C) of paragraph (1)
    shall be appointed for the life of the Commission.
        (3) Members of the Commission shall be selected from among
    individuals noted for their knowledge and experience in foreign
    assistance, particularly development and humanitarian assistance.
        (4) The appointments under paragraph (1) shall be made not later
    than 60 days after the date of the enactment of this section.
        (5) The President shall designate one of the members of the
    Commission not currently in Government service as the Chair of the
    Commission.
        (6) In order to facilitate the workload of the Commission, the
    Commission shall divide the membership of the Commission into three
    subcommittees representing the different regions of the world to which
    the United States provides development assistance, the membership of
    each subcommittee to be proportional to the percentage of United States
    development assistance provided to the region represented by the
    subcommittee. Each subcommittee shall elect one of its members as Chair
    of the subcommittee.
        (7)(A) Eleven members of the Commission shall constitute a quorum
    for purposes of transacting the business of the Commission. The
    Commission shall meet at the call of the Chair.
        (B) A majority of the members of each regional subcommittee shall
    constitute a quorum for purposes of transacting the business of the
    subcommittee. Each subcommittee shall meet at the call of the Chair of
    the subcommittee.
        (8) Any vacancy of the Commission shall not affect its powers, but
    shall be filled in the manner in which the original appointment was
    made.
        (9) The Administrator of General Services shall provide to the
    Commission on a reimbursable basis (or, in the discretion of the
    Administrator, on a nonreimbursable basis) such administrative support
    services as the Commission may request to carry out this section.
        (10)(A) Subject to subparagraph (B), members of the Commission
    shall serve without pay.
        (B) Members of the Commission who are full-time officers or
    employees of the United States or Members of Congress may not receive
    additional pay, allowances, or benefits by reason of their service on
    the Commission.
        (11) Members of the Commission shall be allowed travel expenses,
    including per diem in lieu of subsistence, at rates authorized for
    employees of agencies under subchapter I of chapter 57 of title 5,
    United States Code, while away from their homes or regular places of
    business in the performance of services for the Commission.
        (12)(A) The Chairman of the Commission may, without regard to the
    civil service laws and regulations, appoint and terminate an executive
    director and such other additional personnel as may be necessary to
    enable the Commission to perform its duties. The employment of an
    executive director shall be subject to confirmation by the Commission.
        (B) To the extent or in the amounts provided in advance in
    appropriations Acts--
            (i) the executive director shall be compensated at the rate
        payable for level V of the Executive Schedule under section 5316 of
        title 5, United States Code; and
            (ii) the Chairman of the Commission may fix the compensation of
        other personnel without regard to the provisions of chapter 51 and
        subchapter III of chapter 53 of title 5, United States Code,
        relating to classification of positions and General Schedule pay
        rates, except that the rate of pay for such personnel may not
        exceed the rate payable for level V of the Executive Schedule under
        section 5316 of such title.
        (e)(1) The Commission may, for the purpose of carrying out its
    functions under this section, hold hearings, sit and act at times and
    places in the United States and in countries that receive United States
    development assistance, take testimony, and receive evidence as the
    Commission considers advisable to carry out the purposes of this
    section.
        (2) The Commission may secure directly from any Federal department
    or agency such information as the Commission considers necessary to
    carry out the provisions of this section. Upon request of the Chair of
    the Commission, the head of such department or agency shall furnish
    such information to the Commission, subject to applicable law.
        (3) The Commission may use the United States mails in the same
    manner and under the same conditions as other departments and agencies
    of the Federal Government.
        (4) The Commission may adopt such rules and regulations, relating
    to administrative procedure, as may be reasonably necessary to enable
    it to carry out the provisions of this section.
        (5) The Members of the Commission may, with the approval of the
    Commission, conduct such travel as is necessary to carry out the
    purposes of this section. Each trip must be approved by a majority of
    the Commission.
        (6) Upon the request of the Commission, the head of any Federal
    department or agency may detail, on a reimbursable or nonreimbursable
    basis, any of the personnel of that department or agency to the
    Commission to assist it in carrying out its functions under this
    section. The detail of any such personnel shall be without interruption
    or loss of civil service or Foreign Service status or privilege.
        (f)(1) Not later than 2 years after the members of the Commission
    are appointed under subsection (d)(1), the Commission shall submit a
    report to the President, the Secretary of State, the Committee on
    Appropriations and the Committee on International Relations of the
    House of Representatives, and the Committee on Appropriations and the
    Committee on Foreign Relations of the Senate, setting forth its
    findings and recommendations under section (c)(2).
        (2) The report may be submitted in classified form, together with a
    public summary of recommendations, if the classification of information
    would further the purposes of this section.
        (3) Each member of the Commission may include the individual or
    dissenting views of the member.
        (g) The Federal Advisory Committee Act (5 U.S.C. App.) shall not
    apply to the Commission.
        (h) In this section, the term ``United States development
    assistance'' means--
            (1) assistance provided by the United States under chapters 1,
        10, 11, and 12 of part I of the Foreign Assistance Act of 1961; and
            (2) assistance provided under any other provision of law to
        carry out purposes comparable to those set forth in the provisions
        referred to in paragraph (1).
        (i)(1) There are authorized to be appropriated to the Commission
    such sums as may be necessary to carry out this section.
        (2) Amounts authorized to be appropriated under subsection (a) are
    authorized to remain available until expended, but not later than the
    date of termination of the Commission.
        (j) The Commission shall terminate 30 days after the submission of
    its report under subsection (f).
        (k)(1) Not later than April 1, 2004, and April 1 of each third year
    thereafter, the President shall transmit to the Congress a report that
    analyzes, on a country-by-country basis, the impact and effectiveness
    of United States economic assistance furnished to each country during
    the preceding 3 fiscal years. The report shall include the following
    for each recipient country:
            (A) An analysis of the impact of United States economic
        assistance during the preceding 3 fiscal years on economic
        development in that country, with a discussion of the United States
        interests that were served by the assistance. The analysis shall be
        done on a sector-by-sector basis to the extent possible and shall
        identify any economic policy reforms that were promoted by the
        assistance. The analysis shall--
                (i) include a description, quantified to the extent
            practicable, of the specific objectives the United States
            sought to achieve in providing economic assistance for that
            country; and
                (ii) specify the extent to which those objectives were not
            achieved, with an explanation of why they were not achieved.
            (B) A description of the amount and nature of economic
        assistance provided by other donors during the preceding 3 fiscal
        years, set forth by development sector to the extent possible.
            (C) A discussion of the commitment of the host government to
        addressing the country's needs in each development sector,
        including a description of the resources devoted by that government
        to each development sector during the preceding 3 fiscal years.
            (D) A description of the trends, both favorable and
        unfavorable, in each development sector.
            (E) Statistical and other information necessary to evaluate the
        impact and effectiveness of United States economic assistance on
        development in the country.
            (F) A comparison of the analysis provided in the report with
        relevant analyses by international financial institutions, other
        international organizations, other donor countries, or
        nongovernmental organizations.
        (2) The report required by this section shall identify--
            (A) each country in which United States economic assistance has
        been most successful, as indicated by the extent to which the
        specific objectives the United States sought to achieve in
        providing the assistance for the country, as referred to in
        paragraph (1)(A)(i), were achieved; and
            (B) each country in which United States economic assistance has
        been least successful, as indicated by the extent to which the
        specific objectives the United States sought to achieve in
        providing the assistance for the country, as referred to in
        paragraph (1)(A)(i), were not achieved; and, for each such country,
        an explanation of why the assistance was not more successful and a
        specification of what the United States has done as a result.
        (3) Information under paragraphs (1) and (2) for a fiscal year
    shall not be required with respect to a country for which United States
    economic assistance for the country for the fiscal year is less than
    $5,000,000.
        (4) In this subsection, the term ``United States economic
    assistance'' means any bilateral economic assistance, from any budget
    functional category, that is provided by any department or agency of
    the United States to a foreign country, including such assistance that
    is intended--
            (A) to assist the development and economic advancement of
        friendly foreign countries and peoples;
            (B) to promote the freedom, aspirations, or sustenance of
        friendly peoples under oppressive rule by unfriendly governments;
            (C) to promote international trade and foreign direct
        investment as a means of aiding economic growth;
            (D) to save lives and alleviate suffering of foreign peoples
        during or following wars, natural disasters, or complex crisies;
            (E) to assist in recovery and rehabilitation of countries or
        peoples following disaster or war;
            (F) to protect refugees and promote durable solutions to aid
        refugees;
            (G) to promote sound environmental practices;
            (H) to assist in development of democratic institutions and
        good governance by the people of foreign countries;
            (I) to promote peace and reconciliation or prevention of
        conflict;
            (J) to improve the technical capacities of governments to
        reduce production of and demand for illicit narcotics; and
            (K) to otherwise promote through bilateral foreign economic
        assistance the national objectives of the United States.
        Sec. 638. (a) There is hereby rescinded an amount equal to 0.465
    percent of the budget authority provided for fiscal year 2004 for any
    discretionary account in this Act.
        (b) Any rescission made by subsection (a) shall be applied
    proportionately--
            (1) to each discretionary account and each item of budget
        authority described in subsection (a); and
            (2) within each such account and item, to each program,
        project, and activity (with programs, projects, and activities as
        delineated in the appropriation Act or accompanying reports for the
        relevant fiscal year covering such account or item, or for accounts
        and items not included in appropriation Acts, as delineated in the
        most recently submitted President's budget).

                             TITLE VII--RESCISSIONS

                             DEPARTMENT OF JUSTICE

                             General Administration

                               working capital fund

                                   (rescission)

        Of the unobligated balances available under this heading,
    $67,326,000 are rescinded.

                              counterterrorism fund

                                   (rescission)

        Of the unobligated balances available under this heading,
    $40,000,000 are rescinded.

                                Legal Activities

                              asset forfeiture fund

                                   (rescission)

        Of the unobligated balances available under this heading,
    $61,608,000 are rescinded.

                             Federal Prison System

                             buildings and facilities

                                   (rescission)

        Of the unobligated balances available under this heading,
    $51,895,000 are rescinded.

                           Office of Justice Programs

                    state and local law enforcement assistance

                                   (rescission)

        Of the unobligated balances available under this heading,
    $21,600,000 are rescinded.

                       community oriented policing services

                                   (rescission)

        Of the unobligated balances available under this heading,
    $6,378,000 are rescinded.

                            Juvenile Justice Programs

                                   (rescission)

        Of the unobligated balances available under this heading,
    $15,900,000 are rescinded.

                  DEPARTMENT OF COMMERCE AND RELATED AGENCIES

                             DEPARTMENT OF COMMERCE

                       International Trade Administration

                          operations and administration

                                   (rescission)

        Of the appropriations made available for travel and tourism by
    section 210 of Public Law 108-7, $40,000,000 are rescinded.

                National Oceanic and Atmospheric Administration

                           coastal and ocean activities

                                   (rescission)

        Of the appropriations made available for coastal and ocean
    activities by Public Law 106-553, $2,500,000 are rescinded.

                         TITLE VIII--ALASKAN FISHERIES

        Sec. 801. Bering Sea and Aleutian Islands Crab Rationalization.
    Section 313 of the Magnuson-Stevens Fishery Conservation and Management
    Act (16 U.S.C. 1801 et seq.), as amended, is further amended by adding
    at the end thereof the following:
        ``(j) Bering Sea and Aleutian Islands Crab Rationalization.--
            ``(1) By not later than January 1, 2005, the Secretary shall
        approve and hereafter implement by regulation the Voluntary Three-
        Pie Cooperative Program for crab fisheries of the Bering Sea and
        Aleutian Islands approved by the North Pacific Fishery Management
        Council between June 2002 and April 2003, and all trailing
        amendments including those reported to Congress on May 6, 2003.
        This section shall not preclude the Secretary from approving by
        January 1, 2005, and implementing any subsequent program amendments
        approved by the Council.
            ``(2) Notwithstanding any other provision of this Act, in
        carrying out paragraph (1) the Secretary shall approve all parts of
        the Program referred to in such paragraph. Further, no part of such
        Program may be implemented if, as approved by the North Pacific
        Fishery Management Council, individual fishing quotas, processing
        quotas, community development quota allocation, voluntary
        cooperatives, binding arbitration, regional landing and processing
        requirements, community protections, economic data collection, or
        the loan program for crab fishing vessel captains and crew members,
        is invalidated subject to a judicial determination not subject to
        judicial appeal. If the Secretary determines that a processor has
        leveraged its Individual Processor Quota shares to acquire a
        harvesters open-delivery ``B shares'', the processor's Individual
        Processor Quota shares shall be forfeited.
            ``(3) Subsequent to implementation pursuant to paragraph (1),
        the Council may submit and the Secretary may implement changes to
        or repeal of conservation and management measures, including
        measures authorized in this section, for crab fisheries of the
        Bering Sea and Aleutian Islands in accordance with applicable law,
        including this Act as amended by this subsection, to achieve on a
        continuing basis the purposes identified by the Council.
            ``(4) The loan program referred to in paragraph (2) shall be
        carried out pursuant to the authority of sections 1111 and 1112 of
        title XI of the Merchant Marine Act, 1936 (46 U.S.C. App. 1279f,
        1279g).
            ``(5) For purposes of implementing this section $1,000,000
        shall be made available each year until fully implemented from
        funds otherwise made available to the National Marine Fisheries
        Service for Alaska fisheries activities.
            ``(6) Nothing in this Act shall constitute a waiver, either
        express or implied, of the antitrust laws of the United States. The
        Secretary, in consultation with the Department of Justice and the
        Federal Trade Commission, shall develop and implement a mandatory
        information collection and review process to provide any and all
        information necessary for the Department of Justice and the Federal
        Trade Commission to determine whether any illegal acts of anti-
        competition, anti-trust, or price collusion have occurred among
        persons receiving individual processing quotas under the Program.
        The Secretary may revoke any individual processing quota held by
        any person found to have violated a provision of the antitrust laws
        of the United States.
            ``(7) An individual processing quota issued under the Program
        shall be considered a permit for the purposes of sections 307, 308,
        and 309, and may be revoked or limited at any time in accordance
        with this Act. Issuance of an individual processing quota under the
        program shall not confer any right of compensation to the holder of
        such individual processing quota if it is revoked or limited and
        shall not create, or be construed to create, any right, title, or
        interest in or to any fish before the fish is purchased from an
        individual fishing quota holder.
            ``(8) The restriction on the collection of economic data in
        section 303 shall not apply with respect to any fish processor who
        is eligible for, or who has received, individual processing quota
        under the Program. The restriction on the disclosure of information
        in section 402(b)(1) shall not apply when the information is used
        to determine eligibility for or compliance with an individual
        processing quota program.
            ``(9) The provisions of sections 308, 310, and 311 shall apply
        to the processing facilities and fish products of any person
        holding individual processing quota, and the provisions of
        subparagraphs (D), (E), and (L) of section 307(l) shall apply to
        any facility owned or controlled by a person holding individual
        processing quota.''.
        Sec. 802. Gulf of Alaska Rockfish Demonstration Program. The
    Secretary of Commerce, in consultation with the North Pacific Fishery
    Management Council, shall establish a pilot program that recognizes the
    historic participation of fishing vessels (1996 to 2002, best 5 of 7
    years) and historic participation of fish processors (1996 to 2000,
    best 4 of 5 years) for pacific ocean perch, northern rockfish, and
    pelagic shelf rockfish harvested in Central Gulf of Alaska. Such a
    pilot program shall: (1) provide for a set-aside of up to 5 percent for
    the total allowable catch of such fisheries for catcher vessels not
    eligible to participate in the pilot program, which shall be delivered
    to shore-based fish processors not eligible to participate in the pilot
    program; and (2) establish catch limits for non-rockfish species and
    non-target rockfish species currently harvested with pacific ocean
    perch, northern rockfish, and pelagic shelf rockfish, which shall be
    based on historical harvesting of such bycatch species. The pilot
    program will sunset when a Gulf of Alaska Groundfish comprehensive
    rationalization plan is authorized by the Council and implemented by
    the Secretary, or 2 years from date of implementation, whichever is
    earlier.
        Sec. 803. Aleutian Islands Fisheries Development. (a) Aleutian
    Islands Pollock Allocation.--Effective January 1, 2004 and thereafter,
    the directed pollock fishery in the Aleutian Islands Subarea [AI] of
    the BSAI (as defined in 50 CFR 679.2) shall be allocated to the Aleut
    Corporation (incorporated pursuant to the Alaska Native Claims
    Settlement Act (43 U.S.C. 1601 et seq.)). Except with the permission of
    the Aleut Corporation or its authorized agent, the fishing or
    processing of any part of such allocation shall be prohibited by
    section 307 of the Magnuson-Stevens Fishery Conservation and Management
    Act (16 U.S.C. 1857), subject to the penalties and sanctions under
    section 308 of such Act (16 U.S.C. 1858), and subject to the forfeiture
    of any fish harvested or processed.
        (b) Eligible Vessels.--Only vessels that are 60 feet or less in
    length overall and have a valid fishery endorsement, or vessels that
    are eligible to harvest pollock under section 208 of title II of
    division C of Public Law 105-277, shall be eligible to form
    partnerships with the Aleut Corporation (or its authorized agents) to
    harvest the allocation under subsection (a). During the years 2004
    through 2008, up to 25 percent of such allocation may be harvested by
    vessels 60 feet or less in length overall. During the years 2009
    through 2013, up to 50 percent of such allocation may be harvested by
    vessels 60 feet or less in length overall. After the year 2012, 50
    percent of such allocation shall be harvested by vessels 60 feet or
    less in length overall, and 50 percent shall be harvested by vessels
    eligible under such section of Public Law 105-277.
        (c) Groundfish Optimum Yield Limitation.--The optimum yield for
    groundfish in the Bering Sea and Aleutian Islands Management Area shall
    not exceed 2 million metric tons. For the purposes of implementing
    subsections (a) and (b) without adversely affecting current fishery
    participants, the allocation under subsection (a) may be in addition to
    such optimum yield during the years 2004 through 2008 upon
    recommendation by the North Pacific Council and approval by the
    Secretary of Commerce (if consistent with the requirements of the
    Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C.
    1801 et seq.)).
        (d) Management and Allocation.--For the purposes of this section,
    the North Pacific Fishery Management Council shall recommend and the
    Secretary shall approve an allocation under subsection (a) to the Aleut
    Corporation for the purposes of economic development in Adak, Alaska
    pursuant to the requirements of the Magnuson-Stevens Fishery
    Conservation and Management Act (16 U.S.C. 1801 et seq.).
        Sec. 804. A Council or the Secretary may not consider or establish
    any program to allocate or issue an individual processing quota or
    processor share in any fishery of the United States other than the crab
    fisheries of the Bering Sea and Aleutian Islands.
        This division may be cited as the ``Departments of Commerce,
    Justice, and State, the Judiciary, and Related Agencies Appropriations
    Act, 2004''.

           DIVISION C--DISTRICT OF COLUMBIA APPROPRIATIONS ACT, 2004

                                     An Act

    Making appropriations for the government of the District of Columbia and
    other activities chargeable in whole or in part against the revenues of
      said District for the fiscal year ending September 30, 2004, and for
                                 other purposes.

    That the following sums are appropriated, out of any money in the
    Treasury not otherwise appropriated, for the District of Columbia and
    related agencies for the fiscal year ending September 30, 2004, and for
    other purposes, namely:

                             TITLE I--FEDERAL FUNDS

                  Federal Payment for Resident Tuition Support

        For a Federal payment to the District of Columbia, to be deposited
    into a dedicated account, for a nationwide program to be administered
    by the Mayor, for District of Columbia resident tuition support,
    $17,000,000, to remain available until expended: Provided, That such
    funds, including any interest accrued thereon, may be used on behalf of
    eligible District of Columbia residents to pay an amount based upon the
    difference between in-State and out-of-State tuition at public
    institutions of higher education, or to pay up to $2,500 each year at
    eligible private institutions of higher education: Provided further,
    That the awarding of such funds may be prioritized on the basis of a
    resident's academic merit, the income and need of eligible students and
    such other factors as may be authorized: Provided further, That the
    District of Columbia government shall maintain a dedicated account for
    the Resident Tuition Support Program that shall consist of the Federal
    funds appropriated to the Program in this Act and any subsequent
    appropriations, any unobligated balances from prior fiscal years, and
    any interest earned in this or any fiscal year: Provided further, That
    the account shall be under the control of the District of Columbia
    Chief Financial Officer who shall use those funds solely for the
    purposes of carrying out the Resident Tuition Support Program: Provided
    further, That the Office of the Chief Financial Officer shall provide a
    quarterly financial report to the Committees on Appropriations of the
    House of Representatives and Senate for these funds showing, by object
    class, the expenditures made and the purpose therefor: Provided
    further, That not more than 7 percent of the total amount appropriated
    for this program may be used for administrative expenses.

       Federal Payment for Emergency Planning and Security Costs in the
                              District of Columbia

        For necessary expenses, as determined by the Mayor of the District
    of Columbia in written consultation with the elected county or city
    officials of surrounding jurisdictions, $11,000,000, to remain
    available until expended, to reimburse the District of Columbia for the
    costs of providing public safety at events related to the presence of
    the national capital in the District of Columbia and for the costs of
    providing support to respond to immediate and specific terrorist
    threats or attacks in the District of Columbia or surrounding
    jurisdictions: Provided, That any amount provided under this heading
    shall be available only after notice of its proposed use has been
    transmitted by the President to Congress and such amount has been
    apportioned pursuant to chapter 15 of title 31, United States Code.

               Federal Payment to the District of Columbia Courts

        For salaries and expenses for the District of Columbia Courts,
    $167,765,000, to be allocated as follows: for the District of Columbia
    Court of Appeals, $8,775,000, of which not to exceed $1,500 is for
    official reception and representation expenses; for the District of
    Columbia Superior Court, $83,387,000, of which not to exceed $1,500 is
    for official reception and representation expenses; for the District of
    Columbia Court System, $40,006,000, of which not to exceed $1,500 is
    for official reception and representation expenses; and $35,597,000, to
    remain available until September 30, 2005, for capital improvements for
    District of Columbia courthouse facilities: Provided, That funds made
    available for capital improvements shall be expended consistent with
    the General Services Administration master plan study and building
    evaluation report: Provided further, That notwithstanding any other
    provision of law, all amounts under this heading shall be apportioned
    quarterly by the Office of Management and Budget and obligated and
    expended in the same manner as funds appropriated for salaries and
    expenses of other Federal agencies, with payroll and financial services
    to be provided on a contractual basis with the General Services
    Administration (GSA), said services to include the preparation of
    monthly financial reports, copies of which shall be submitted directly
    by GSA to the President and to the Committees on Appropriations of the
    House of Representatives and Senate, the Committee on Government Reform
    of the House of Representatives, and the Committee on Governmental
    Affairs of the Senate: Provided further, That 30 days after providing
    written notice to the Committees on Appropriations of the House of
    Representatives and Senate, the District of Columbia Courts may
    reallocate not more than $1,000,000 of the funds provided under this
    heading among the items and entities funded under such heading.

                Defender Services in District of Columbia Courts

        For payments authorized under section 11-2604 and section 11-2605,
    D.C. Official Code (relating to representation provided under the
    District of Columbia Criminal Justice Act), payments for counsel
    appointed in proceedings in the Family Court of the Superior Court of
    the District of Columbia under chapter 23 of title 16, D.C. Official
    Code, or pursuant to contractual agreements to provide guardian ad
    litem representation, training, technical assistance and/or such other
    services as are necessary to improve the quality of guardian ad litem
    representation, payments for counsel appointed in adoption proceedings
    under chapter 3 of title 16, D.C. Code, and payments for counsel
    authorized under section 21-2060, D.C. Official Code (relating to
    representation provided under the District of Columbia Guardianship,
    Protective Proceedings, and Durable Power of Attorney Act of 1986),
    $32,000,000, to remain available until expended: Provided, That the
    funds provided in this Act under the heading ``Federal Payment to the
    District of Columbia Courts'' (other than the $35,597,000 provided
    under such heading for capital improvements for District of Columbia
    courthouse facilities) may also be used for payments under this
    heading: Provided further, That in addition to the funds provided under
    this heading, the Joint Committee on Judicial Administration in the
    District of Columbia shall use funds provided in this Act under the
    heading ``Federal Payment to the District of Columbia Courts'' (other
    than the $35,597,000 provided under such heading for capital
    improvements for District of Columbia courthouse facilities), to make
    payments described under this heading for obligations incurred during
    any fiscal year: Provided further, That funds provided under this
    heading shall be administered by the Joint Committee on Judicial
    Administration in the District of Columbia: Provided further, That
    notwithstanding any other provision of law, this appropriation shall be
    apportioned quarterly by the Office of Management and Budget and
    obligated and expended in the same manner as funds appropriated for
    expenses of other Federal agencies, with payroll and financial services
    to be provided on a contractual basis with the General Services
    Administration (GSA), said services to include the preparation of
    monthly financial reports, copies of which shall be submitted directly
    by GSA to the President and to the Committees on Appropriations of the
    House of Representatives and Senate, the Committee on Government Reform
    of the House of Representatives, and the Committee on Governmental
    Affairs of the Senate.

     Federal Payment to the Court Services and Offender Supervision Agency
                          for the District of Columbia

                          (including transfer of funds)

        For salaries and expenses, including the transfer and hire of motor
    vehicles, of the Court Services and Offender Supervision Agency for the
    District of Columbia and the Public Defender Service for the District
    of Columbia, as authorized by the National Capital Revitalization and
    Self-Government Improvement Act of 1997, $168,435,000, of which not to
    exceed $2,000 is for official reception and representation expenses
    related to Community Supervision and Pretrial Services Agency programs;
    of which not to exceed $25,000 is for dues and assessments relating to
    the implementation of the Court Services and Offender Supervision
    Agency Interstate Supervision Act of 2002; of which $105,814,000 shall
    be for necessary expenses of Community Supervision and Sex Offender
    Registration, to include expenses relating to the supervision of adults
    subject to protection orders or the provision of services for or
    related to such persons; of which $37,411,000 shall be available to the
    Pretrial Services Agency; and of which $25,210,000 shall be transferred
    to the Public Defender Service for the District of Columbia: Provided,
    That notwithstanding any other provision of law, all amounts under this
    heading shall be apportioned quarterly by the Office of Management and
    Budget and obligated and expended in the same manner as funds
    appropriated for salaries and expenses of other Federal agencies:
    Provided further, That notwithstanding chapter 12 of title 40, United
    States Code, the Director may acquire by purchase, lease, condemnation,
    or donation, and renovate as necessary, Building Number 17, 1900
    Massachusetts Avenue, Southeast, Washington, District of Columbia to
    house or supervise offenders and defendants, with funds made available
    for this purpose in Public Law 107-96: Provided further, That the
    Director is authorized to accept and use gifts in the form of in-kind
    contributions of space and hospitality to support offender and
    defendant programs, and equipment and vocational training services to
    educate and train offenders and defendants: Provided further, That the
    Director shall keep accurate and detailed records of the acceptance and
    use of any gift or donation under the previous proviso, and shall make
    such records available for audit and public inspection.

     Federal Payment to the District of Columbia Water and Sewer Authority

        For a Federal payment to the District of Columbia Water and Sewer
    Authority, $30,000,000, to remain available until expended, to continue
    implementation of the Combined Sewer Overflow Long-Term Plan: Provided,
    That the District of Columbia Water and Sewer Authority provides a 100
    percent match for this payment.

    Federal Payment for Hospital Bioterrorism Preparedness in the District
                                  of Columbia

        For a Federal payment to the District of Columbia Department of
    Health to support hospital bioterrorism preparedness in the District of
    Columbia, $7,500,000, of which $3,750,000 shall be for the Children's
    National Medical Center in the District of Columbia for the expansion
    of quarantine facilities and the establishment of a decontamination
    facility, and $3,750,000 shall be for the Washington Hospital Center
    for construction of containment facilities.

            Federal Payment for the Anacostia Waterfront Initiative

        For a Federal payment to the District of Columbia Department of
    Transportation, $5,000,000, to remain available until September 30,
    2005, for design and construction of a continuous pedestrian and
    bicycle trail system from the Potomac River to the District's border
    with Maryland.

          Federal Payment to the Criminal Justice Coordinating Council

        For a Federal payment to the Criminal Justice Coordinating Council,
    $1,300,000, to support initiatives related to the coordination of
    Federal and local criminal justice resources in the District of
    Columbia.

      Federal Payment for Capital Development in the District of Columbia

        For a Federal payment to the District of Columbia for capital
    development, $8,150,000, to remain available until expended, of which
    $150,000 shall be for renovations at Eastern Market and $8,000,000
    shall be for the Unified Communications Center.

                  Federal Payment for Public School Facilities

        For a Federal payment to the District of Columbia Public Schools,
    $4,500,000, of which $500,000 shall be for a window repair and
    reglazing program and $4,000,000 shall be for a playground repair and
    replacement program.

                 Federal Payment for a Family Literacy Program

        For a Federal payment to the District of Columbia, $2,000,000 for a
    family literacy program to address the needs of literacy-challenged
    parents while endowing their children with an appreciation for literacy
    and strengthening familial ties: Provided, That the District of
    Columbia shall provide a 100 percent match with local funds as a
    condition of receiving this payment.

                 Federal Payment for Transportation Assistance

        For a Federal payment to the District of Columbia Department of
    Transportation, $3,500,000, of which $500,000 shall be allocated to
    implement a downtown circulator transit system, and of which $3,000,000
    shall be to offset a portion of the District of Columbia's allocated
    operating subsidy payment to the Washington Metropolitan Area Transit
    Authority.

        Federal Payment for Foster Care Improvements in the District of
                                    Columbia

        For a Federal payment to the District of Columbia for foster care
    improvements, $14,000,000: Provided, That $9,000,000 shall be for the
    Child and Family Services Agency, of which $2,000,000 shall be to
    establish an early intervention program to provide intensive and
    immediate services for foster children; of which $1,000,000 shall be to
    establish an emergency support fund to purchase items necessary to
    allow children to remain in the care of an approved and licensed family
    member; of which $3,000,000 shall be for a loan repayment program for
    social workers who meet certain agency-established requirements; of
    which $3,000,000 shall be to upgrade the agency's computer database to
    a web-based technology and to provide computer technology for social
    workers: Provided further, That $3,900,000 shall be for the Department
    of Mental Health to provide all court-ordered or agency-required mental
    health screenings, assessments and treatments for children under the
    supervision of the Child and Family Services Agency: Provided further,
    That the Director of the Department of Mental Health shall initiate
    court-ordered or agency-required mental health services within 3 days
    of notification that service is needed: Provided further, That the
    Director of the Department of Mental Health shall ensure that court-
    ordered or agency-required mental health assessments are completed
    within 15 days of the request and that all assessments be provided to
    the Court within 5 days of completion of the assessment: Provided
    further, That $1,100,000 shall be for the Washington Metropolitan
    Council of Governments, to develop a program in conjunction with the
    Foster and Adoptive Parents Advocacy Center, to provide respite care
    for and recruitment of foster parents: Provided further, That the Mayor
    shall submit a detailed expenditure plan for the use of funds provided
    under this heading within 15 days of enactment of this legislation to
    the Committees on Appropriations of the House of Representatives and
    Senate: Provided further, That the funds provided under this heading
    shall not be made available until 30 calendar days after the submission
    of a spending plan to the Committees on Appropriations of the House of
    Representatives and Senate: Provided further, That with the exception
    of funds provided for the Department of Mental Health and the
    Washington Metropolitan Council of Governments, no part of this
    appropriation may be used for contractual community-based services:
    Provided further, That the Comptroller General shall prepare and submit
    to the Committees on Appropriations of the House of Representatives and
    Senate an accounting of all obligations and expenditures of the funds
    provided under this heading: Provided further, That the Comptroller
    General shall initiate management reviews of the Child and Family
    Services Agency and the Department of Mental Health and shall submit a
    report to the Committees on Appropriations of the House of
    Representatives and Senate no later than 6 months after enactment of
    this Act.

      Federal Payment to the Office of the Chief Financial Officer of the
                              District of Columbia

        For a Federal payment to the Office of the Chief Financial Officer
    of the District of Columbia, $32,350,000: Provided, That these funds
    shall be available for the projects and in the amounts specified in the
    statement of the managers on the conference report accompanying this
    Act: Provided further, That each entity that receives funding under
    this heading shall submit to the Office of the Chief Financial Officer
    of the District of Columbia and the Committees on Appropriations of the
    House of Representatives and Senate a report on the activities carried
    out with such funds no later than March 15, 2004.

             Federal Payment for Emergency Personnel Cross Training

        For a Federal payment to the Emergency Management Agency, $500,000
    for activities related to the cross training of police officers,
    firefighters, emergency medical technicians, and other emergency
    personnel: Provided, That this funding shall not be obligated until the
    Agency submits a detailed cross training plan for the District's public
    safety workforce to the Committees on Appropriations of the House of
    Representatives and Senate.

                     Federal Payment for School Improvement

        For a Federal payment for a School Improvement Program in the
    District of Columbia, $40,000,000, to be allocated as follows: for the
    District of Columbia Public Schools, $13,000,000 to improve public
    school education in the District of Columbia, as specified in the
    statement of the managers on the conference report accompanying this
    Act; for the State Education Office, $13,000,000 to expand quality
    charter schools in the District of Columbia, as specified in the
    statement of the managers on the conference report accompanying this
    Act; for the Secretary of the Department of Education, $14,000,000 to
    provide opportunity scholarships for students in the District of
    Columbia in accordance with title III of this Act, of which up to
    $1,000,000 may be used to administer and fund assessments for title III
    of this Act: Provided, That the District of Columbia Public Schools
    shall submit a plan for the use of funds provided under this heading
    for public school education to the Committees on Appropriations of the
    House of Representatives and Senate, and the Committee on Education and
    the Workforce and the Committee on Government Reform of the House of
    Representatives, and the Committee on Health, Education, Labor, and
    Pensions of the Senate: Provided further, That the funds provided under
    this heading for public school education shall not be made available
    until 30 calendar days after the submission of a spending plan by the
    District of Columbia Public Schools to the Committees on Appropriations
    of the House of Representatives and Senate.

                      TITLE II--DISTRICT OF COLUMBIA FUNDS

                               OPERATING EXPENSES

                              Division of Expenses

        The following amounts are appropriated for the District of Columbia
    for the current fiscal year out of the general fund of the District of
    Columbia, except as otherwise specifically provided: Provided, That
    notwithstanding any other provision of law, except as provided in
    section 450A of the District of Columbia Home Rule Act (D.C. Official
    Code, sec. 1-204.50a) and section 417 and section 436 of this Act, the
    total amount appropriated in this Act for operating expenses for the
    District of Columbia for fiscal year 2004 under this heading shall not
    exceed the lesser of the sum of the total revenues of the District of
    Columbia for such fiscal year or $6,326,138,000 (of which
    $3,832,734,000 shall be from local funds, $1,568,734,000 shall be from
    Federal grant funds, $910,904,000 shall be from other funds, and
    $13,766,000 shall be from private funds), in addition, $119,650,000
    from funds previously appropriated in this Act as Federal payments:
    Provided further, That this amount may be increased by proceeds of one-
    time transactions, which are expended for emergency or unanticipated
    operating or capital needs: Provided further, That such increases shall
    be approved by enactment of local District law and shall comply with
    all reserve requirements contained in the District of Columbia Home
    Rule Act as amended by this Act: Provided further, That the Chief
    Financial Officer of the District of Columbia shall take such steps as
    are necessary to assure that the District of Columbia meets these
    requirements, including the apportioning by the Chief Financial Officer
    of the appropriations and funds made available to the District during
    fiscal year 2004, except that the Chief Financial Officer may not
    reprogram for operating expenses any funds derived from bonds, notes,
    or other obligations issued for capital projects.

                       Governmental Direction and Support

        Governmental direction and support, $284,415,000 (including
    $206,825,000 from local funds, $57,440,000 from Federal grant funds,
    and $20,150,000 from other funds), in addition, $32,350,000 from funds
    previously appropriated in this Act under the heading ``Federal Payment
    to the Office of the Chief Financial Officer of the District of
    Columbia'', $11,000,000 from funds previously appropriated in this Act
    under the heading ``Federal Payment for Emergency Planning and Security
    Costs in the District of Columbia'', $2,000,000 from funds previously
    appropriated in this Act under the heading ``Federal Payment for a
    Family Literacy Program'', and $1,100,000 from funds previously
    appropriated in this Act under the heading ``Federal Payment for Foster
    Care Improvements in the District of Columbia'': Provided, That not to
    exceed $2,500 for the Mayor, $2,500 for the Chairman of the Council of
    the District of Columbia, $2,500 for the City Administrator, and $2,500
    for the Office of the Chief Financial Officer shall be available from
    this appropriation for official reception and representation expenses:
    Provided further, That any program fees collected from the issuance of
    debt shall be available for the payment of expenses of the debt
    management program of the District of Columbia: Provided further, That
    no revenues from Federal sources shall be used to support the
    operations or activities of the Statehood Commission and Statehood
    Compact Commission: Provided further, That the District of Columbia
    shall identify the sources of funding for Admission to Statehood from
    its own locally generated revenues: Provided further, That
    notwithstanding any other provision of law, or Mayor's Order 86-45,
    issued March 18, 1986, the Office of the Chief Technology Officer's
    delegated small purchase authority shall be $500,000: Provided further,
    That the District of Columbia government may not require the Office of
    the Chief Technology Officer to submit to any other procurement review
    process, or to obtain the approval of or be restricted in any manner by
    any official or employee of the District of Columbia government, for
    purchases that do not exceed $500,000: Provided further, That not to
    exceed $25,000, to remain available until expended, of the funds in the
    District of Columbia Antitrust Fund established pursuant to section 820
    of the District of Columbia Procurement Practices Act of 1985 (D.C. Law
    6-85; D.C. Official Code, sec. 2-308.20) is hereby made available for
    the use of the Office of the Corporation Counsel of the District of
    Columbia in accordance with the laws establishing this fund.

                      Economic Development and Regulation

        Economic development and regulation, $276,647,000 (including
    $53,336,000 from local funds, $91,077,000 from Federal grant funds,
    $132,109,000 from other funds, and $125,000 from private funds), of
    which $15,000,000 collected by the District of Columbia in the form of
    BID tax revenue shall be paid to the respective BIDs pursuant to the
    Business Improvement Districts Act of 1996 (D.C. Law 11-134; D.C.
    Official Code, sec. 2-1215.01 et seq.), and the Business Improvement
    Districts Amendment Act of 1997 (D.C. Law 12-26; D.C. Official Code,
    sec. 2-1215.15 et seq.): Provided, That such funds are available for
    acquiring services provided by the General Services Administration:
    Provided further, That Business Improvement Districts shall be exempt
    from taxes levied by the District of Columbia.

                           Public Safety and Justice

        Public safety and justice, $745,958,000 (including $716,715,000
    from local funds, $10,290,000 from Federal grant funds, $18,944,000
    from other funds, and $9,000 from private funds), in addition,
    $1,300,000 from funds previously appropriated in this Act under the
    heading ``Federal Payment to the Criminal Justice Coordinating
    Council'' and $500,000 from funds previously appropriated in this Act
    under the heading ``Federal Payment for Emergency Personnel Cross
    Training'': Provided, That not to exceed $500,000 shall be available
    from this appropriation for the Chief of Police for the prevention and
    detection of crime: Provided further, That the Mayor shall reimburse
    the District of Columbia National Guard for expenses incurred in
    connection with services that are performed in emergencies by the
    National Guard in a militia status and are requested by the Mayor, in
    amounts that shall be jointly determined and certified as due and
    payable for these services by the Mayor and the Commanding General of
    the District of Columbia National Guard: Provided further, That such
    sums as may be necessary for reimbursement to the District of Columbia
    National Guard under the preceding proviso shall be available from this
    appropriation, and the availability of the sums shall be deemed as
    constituting payment in advance for emergency services involved.

                            Public Education System

                          (including transfers of funds)

        Public education system, including the development of national
    defense education programs, $1,157,841,000 (including $962,941,000 from
    local funds, $156,708,000 from Federal grant funds, $27,074,000 from
    other funds, $4,302,000 from private funds, and not to exceed
    $6,816,000, to remain available until expended, from the Medicaid and
    Special Education Reform Fund established pursuant to the Medicaid and
    Special Education Reform Fund Establishment Act of 2002 (D.C. Law 14-
    190; D.C. Official Code 4-204.51 et seq.)), in addition, $17,000,000
    from funds previously appropriated in this Act under the heading
    ``Federal Payment for Resident Tuition Support'', $4,500,000 from funds
    previously appropriated in this Act under the heading ``Federal Payment
    for Public School Facilities'', and $26,000,000 from funds previously
    appropriated in this Act under the heading ``Federal Payment for School
    Improvement in the District of Columbia'' to be allocated as follows:
            (1) District of columbia public schools.--$870,135,000
        (including $738,444,000 from local funds, $114,749,000 from Federal
        grant funds, $6,527,000 from other funds, $3,599,000 from private
        funds, and not to exceed $6,816,000, to remain available until
        expended, from the Medicaid and Special Education Reform Fund
        established pursuant to the Medicaid and Special Education Reform
        Fund Establishment Act of 2002 (D.C. Law 14-190; D.C. Official Code
        4-204.51 et seq.)), in addition, $4,500,000 from funds previously
        appropriated in this Act under the heading ``Federal Payment for
        Public School Facilities'' and $13,000,000 from funds previously
        appropriated in this Act under the heading ``Federal Payment for
        School Improvement in the District of Columbia'' shall be available
        for District of Columbia Public Schools: Provided, That
        notwithstanding any other provision of law, rule, or regulation,
        the evaluation process and instruments for evaluating District of
        Columbia Public School employees shall be a non-negotiable item for
        collective bargaining purposes: Provided further, That this
        appropriation shall not be available to subsidize the education of
        any nonresident of the District of Columbia at any District of
        Columbia public elementary or secondary school during fiscal year
        2004 unless the nonresident pays tuition to the District of
        Columbia at a rate that covers 100 percent of the costs incurred by
        the District of Columbia that are attributable to the education of
        the nonresident (as established by the Superintendent of the
        District of Columbia Public Schools): Provided further, That
        notwithstanding the amounts otherwise provided under this heading
        or any other provision of law, there shall be appropriated to the
        District of Columbia Public Schools on July 1, 2004, an amount
        equal to 10 percent of the total amount provided for the District
        of Columbia Public Schools in the proposed budget of the District
        of Columbia for fiscal year 2005 (as submitted to Congress), and
        the amount of such payment shall be chargeable against the final
        amount provided for the District of Columbia Public Schools under
        the District of Columbia Appropriations Act, 2005: Provided
        further, That not to exceed $2,500 for the Superintendent of
        Schools shall be available from this appropriation for official
        reception and representation expenses: Provided further, That the
        District of Columbia Public Schools shall submit to the Board of
        Education by January 1 and July 1 of each year a Schedule A showing
        all the current funded positions of the District of Columbia Public
        Schools, their compensation levels, and indicating whether the
        positions are encumbered: Provided further, That the Board of
        Education shall approve or disapprove each Schedule A within 30
        days of its submission and provide the Council of the District of
        Columbia a copy of the Schedule A upon its approval.
            (2) State education office.--$38,752,000 (including $9,959,000
        from local funds, $28,617,000 from Federal grant funds, and
        $176,000 from other funds), in addition, $17,000,000 from funds
        previously appropriated in this Act under the heading ``Federal
        Payment for Resident Tuition Support'' and $13,000,000 from funds
        previously appropriated in this Act under the heading ``Federal
        Payment for School Improvement in the District of Columbia'' shall
        be available for the State Education Office: Provided, That of the
        amounts provided to the State Education Office, $500,000 from local
        funds shall remain available until June 30, 2005 for an audit of
        the student enrollment of each District of Columbia Public School
        and of each District of Columbia public charter school.
            (3) District of columbia public charter schools.--$137,531,000
        from local funds shall be available for District of Columbia public
        charter schools: Provided, That there shall be quarterly
        disbursement of funds to the District of Columbia public charter
        schools, with the first payment to occur within 15 days of the
        beginning of the fiscal year: Provided further, That if the
        entirety of this allocation has not been provided as payments to
        any public charter schools currently in operation through the per
        pupil funding formula, the funds shall be available as follows: (A)
        the first $3,000,000 shall be deposited in the Credit Enhancement
        Revolving Fund established pursuant to section 603(e) of the
        Student Loan Marketing Association Reorganization Act of 1996
        (Public Law 104-208; 110 Stat. 3009; 20 U.S.C. 1155(e)); and (B)
        the balance shall be for public education in accordance with
        section 2403(b)(2) of the District of Columbia School Reform Act of
        1995 (D.C. Official Code, sec. 38-1804.03(b)(2)): Provided further,
        That of the amounts made available to District of Columbia public
        charter schools, $25,000 shall be made available to the Office of
        the Chief Financial Officer as authorized by section 2403(b)(6) of
        the District of Columbia School Reform Act of 1995 (D.C. Official
        Code, sec. 38-1804.03(b)(6)): Provided further, That $660,000 of
        this amount shall be available to the District of Columbia Public
        Charter School Board for administrative costs: Provided further,
        That notwithstanding the amounts otherwise provided under this
        heading or any other provision of law, there shall be appropriated
        to the District of Columbia public charter schools on July 1, 2004,
        an amount equal to 25 percent of the total amount provided for
        payments to public charter schools in the proposed budget of the
        District of Columbia for fiscal year 2005 (as submitted to
        Congress), and the amount of such payment shall be chargeable
        against the final amount provided for such payments under the
        District of Columbia Appropriations Act, 2005.
            (4) University of the district of columbia.--$80,660,000
        (including $48,656,000 from local funds, $11,867,000 from Federal
        grant funds, $19,434,000 from other funds, and $703,000 from
        private funds) shall be available for the University of the
        District of Columbia: Provided, That this appropriation shall not
        be available to subsidize the education of nonresidents of the
        District of Columbia at the University of the District of Columbia,
        unless the Board of Trustees of the University of the District of
        Columbia adopts, for the fiscal year ending September 30, 2004, a
        tuition rate schedule that will establish the tuition rate for
        nonresident students at a level no lower than the nonresident
        tuition rate charged at comparable public institutions of higher
        education in the metropolitan area: Provided further, That
        notwithstanding the amounts otherwise provided under this heading
        or any other provision of law, there shall be appropriated to the
        University of the District of Columbia on July 1, 2004, an amount
        equal to 10 percent of the total amount provided for the University
        of the District of Columbia in the proposed budget of the District
        of Columbia for fiscal year 2005 (as submitted to Congress), and
        the amount of such payment shall be chargeable against the final
        amount provided for the University of the District of Columbia
        under the District of Columbia Appropriations Act, 2005: Provided
        further, That not to exceed $2,500 for the President of the
        University of the District of Columbia shall be available from this
        appropriation for official reception and representation expenses.
            (5) District of columbia public libraries.--$28,287,000
        (including $26,750,000 from local funds, $1,000,000 from Federal
        grant funds, and $537,000 from other funds) shall be available for
        the District of Columbia Public Libraries: Provided, That not to
        exceed $2,000 for the Public Librarian shall be available from this
        appropriation for official reception and representation expenses.
            (6) Commission on the arts and humanities.--$2,476,000
        (including $1,601,000 from local funds, $475,000 from Federal grant
        funds, and $400,000 from other funds) shall be available for the
        Commission on the Arts and Humanities.

                             Human Support Services

                          (including transfer of funds)

        Human support services, $2,360,067,000 (including $1,030,223,000
    from local funds, $1,247,945,000 from Federal grant funds, $24,330,000
    from other funds, $9,330,000 from private funds, and $48,239,000, to
    remain available until expended, from the Medicaid and Special
    Education Reform Fund established pursuant to the Medicaid and Special
    Education Reform Fund Establishment Act of 2002 (D.C. Law 14-190; D.C.
    Official Code 4-204.51 et seq.)), in addition, $7,500,000 from funds
    previously appropriated in this Act under the heading ``Federal Payment
    for Hospital Bioterrorism Preparedness in the District of Columbia''
    and $12,900,000 from funds previously appropriated in this Act under
    the heading ``Federal Payment to Foster Care Improvements in the
    District of Columbia'': Provided, That the funds available from the
    Medicaid and Special Education Reform Fund are allocated as follows:
    not more than $18,744,000 for Child and Family Services, not more than
    $7,795,000 for the Department of Human Services, and not more than
    $21,700,000 for the Department of Mental Health: Provided further, That
    $27,959,000 of this appropriation, to remain available until expended,
    shall be available solely for District of Columbia employees'
    disability compensation: Provided further, That $7,500,000 of this
    appropriation, to remain available until expended, shall be deposited
    in the Addiction Recovery Fund, established pursuant to section 5 of
    the Choice in Drug Treatment Act of 2000 (D.C. Law 13-146; D.C.
    Official Code, sec. 7-3004) and used exclusively for the purpose of the
    Drug Treatment Choice Program established pursuant to section 4 of the
    Choice in Drug Treatment Act of 2000 (D.C. Law 13-146; D.C. Official
    Code, sec. 7-3003): Provided further, That no less than $2,000,000 of
    this appropriation shall be available exclusively for the purpose of
    funding the pilot substance abuse program for youth ages 14 through 21
    years established pursuant to section 4212 of the Pilot Substance Abuse
    Program for Youth Act of 2001 (D.C. Law 14-28; D.C. Official Code, sec.
    7-3101): Provided further, That $4,500,000 of this appropriation, to
    remain available until expended, shall be deposited in the Interim
    Disability Assistance Fund established pursuant to section 201 of the
    District of Columbia Public Assistance Act of 1982 (D.C. Law 4-101;
    D.C. Official Code, sec. 4-202.01), to be used exclusively for the
    Interim Disability Assistance program and the purposes for that program
    set forth in section 407 of the District of Columbia Public Assistance
    Act of 1982 (D.C. Law 13-252; D.C. Official Code, sec. 4-204.07):
    Provided further, That not less than $640,531 of this appropriation
    shall be available exclusively for the purpose of funding the Burial
    Assistance Program established by section 1802 of the Burial Assistance
    Program Reestablishment Act of 1999 (D.C. Law 13-38; D.C. Official
    Code, sec. 4-1001).

                                  Public Works

        Public works, including rental of one passenger-carrying vehicle
    for use by the Mayor and three passenger-carrying vehicles for use by
    the Council of the District of Columbia and leasing of passenger-
    carrying vehicles, $327,046,000 (including $308,028,000 from local
    funds, $5,274,000 from Federal grant funds, and $13,744,000 from other
    funds), in addition, $3,500,000 from funds previously appropriated in
    this Act under the heading ``Federal Payment for Transportation
    Assistance'': Provided, That this appropriation shall not be available
    for collecting ashes or miscellaneous refuse from hotels and places of
    business.

                                  Cash Reserve

        For the cumulative cash reserve established pursuant to section
    202(j)(2) of the District of Columbia Financial Responsibility and
    Management Assistance Act of 1995 (D.C. Official Code, sec. 47-
    392.02(j)(2)), $50,000,000 from local funds.

                    Emergency and Contingency Reserve Funds

        For the emergency reserve fund and the contingency reserve fund
    under section 450A of the District of Columbia Home Rule Act (D.C.
    Official Code, sec. 1-204.50a), such amounts from local funds as are
    necessary to meet the balance requirements for such funds under such
    section.

                        Repayment of Loans and Interest

        For payment of principal, interest, and certain fees directly
    resulting from borrowing by the District of Columbia to fund District
    of Columbia capital projects as authorized by sections 462, 475, and
    490 of the District of Columbia Home Rule Act (D.C. Official Code,
    secs. 1-204.62, 1-204.75, and 1-204.90), $311,504,000 from local funds:
    Provided, That for equipment leases, the Mayor may finance $14,300,000
    of equipment cost, plus cost of issuance not to exceed 2 percent of the
    par amount being financed on a lease purchase basis with a maturity not
    to exceed 5 years.

                  Payment of Interest on Short-Term Borrowing

        For payment of interest on short-term borrowing, $3,000,000 from
    local funds.

                         Certificates of Participation

        For principal and interest payments on the District's Certificates
    of Participation, issued to finance the ground lease underlying the
    building located at One Judiciary Square, $4,911,000 from local funds.

                           Settlements and Judgments

        For making refunds and for the payment of legal settlements or
    judgments that have been entered against the District of Columbia
    government, $22,522,000 from local funds: Provided, That this
    appropriation shall not be construed as modifying or affecting the
    provisions of section 103 of this Act.

                                Wilson Building

        For expenses associated with the John A. Wilson building,
    $3,704,000 from local funds.

                             Workforce Investments

        For workforce investments, $22,308,000 from local funds, to be
    transferred by the Mayor of the District of Columbia within the various
    appropriation headings in this Act for which employees are properly
    payable.

                            Non-Departmental Agency

        To account for anticipated costs that cannot be allocated to
    specific agencies during the development of the proposed budget,
    $19,639,000 (including $11,455,000 from local funds and $8,184,000 from
    other funds) to be transferred by the Mayor of the District of Columbia
    within the various appropriations headings in this Act: Provided, That
    $11,455,000 from local funds shall be for anticipated costs associated
    with the No Child Left Behind Act.

                             Pay-As-You-Go Capital

        For Pay-As-You-Go Capital funds in lieu of capital financing,
    $11,267,000 from local funds, to be transferred to the Capital Fund,
    subject to the Criteria for Spending Pay-as-You-Go Funding Amendment
    Act of 2003 (D.C. Act 15-106): Provided, That pursuant to this Act,
    there are authorized to be transferred from Pay-As-You-Go Capital funds
    to other headings of this Act, such sums as may be necessary to carry
    out the purposes of this Act.

                        Tax Increment Financing Program

        For a Tax Increment Financing Program, $1,940,000 from local funds.

                             Medicaid Disallowance

        For making refunds associated with disallowed Medicaid funding, an
    amount not to exceed $57,000,000 in local funds, to remain available
    until expended: Provided, That funds are derived from a transfer from
    the funds identified in the fiscal year 2002 comprehensive annual
    financial report as the District of Columbia's Grants Disallowance
    balance.

                           ENTERPRISE AND OTHER FUNDS

                           Water and Sewer Authority

        For operation of the Water and Sewer Authority, $259,095,000 from
    other funds, of which $18,692,000 shall be apportioned for repayment of
    loans and interest incurred for capital improvement projects and
    payable to the District's debt service fund.
        For construction projects, $229,807,000, to be distributed as
    follows: $99,449,000 for the Blue Plains Wastewater Treatment Plant,
    $16,739,000 for the sewer program, $72,047,000 for the combined sewer
    program, $5,993,000 for the stormwater program, $24,431,000 for the
    water program, and $11,148,000 for the capital equipment program; in
    addition, $30,000,000 from funds previously appropriated in this Act
    under the heading ``Federal Payment to the District of Columbia Water
    and Sewer Authority'': Provided, That the requirements and restrictions
    that are applicable to general fund capital improvement projects and
    set forth in this Act under the Capital Outlay appropriation account
    shall apply to projects approved under this appropriation account.

                              Washington Aqueduct

        For operation of the Washington Aqueduct, $55,553,000 from other
    funds.

                  Stormwater Permit Compliance Enterprise Fund

         For operation of the Stormwater Permit Compliance Enterprise Fund,
    $3,501,000 from other funds.

                  Lottery and Charitable Games Enterprise Fund

        For the Lottery and Charitable Games Enterprise Fund, established
    by the District of Columbia Appropriation Act, 1982, for the purpose of
    implementing the Law to Legalize Lotteries, Daily Numbers Games, and
    Bingo and Raffles for Charitable Purposes in the District of Columbia
    (D.C. Law 3-172; D.C. Official Code, sec. 3-1301 et seq. and sec. 22-
    1716 et seq.), $242,755,000 from other funds: Provided, That the
    District of Columbia shall identify the source of funding for this
    appropriation title from the District's own locally generated revenues:
    Provided further, That no revenues from Federal sources shall be used
    to support the operations or activities of the Lottery and Charitable
    Games Control Board.

                      Sports and Entertainment Commission

        For the Sports and Entertainment Commission, $13,979,000 from local
    funds.

                     District of Columbia Retirement Board

        For the District of Columbia Retirement Board, established pursuant
    to section 121 of the District of Columbia Retirement Reform Act of
    1979 (D.C. Official Code, sec. 1-711), $13,895,000 from the earnings of
    the applicable retirement funds to pay legal, management, investment,
    and other fees and administrative expenses of the District of Columbia
    Retirement Board: Provided, That the District of Columbia Retirement
    Board shall provide to the Congress and to the Council of the District
    of Columbia a quarterly report of the allocations of charges by fund
    and of expenditures of all funds: Provided further, That the District
    of Columbia Retirement Board shall provide the Mayor, for transmittal
    to the Council of the District of Columbia, an itemized accounting of
    the planned use of appropriated funds in time for each annual budget
    submission and the actual use of such funds in time for each annual
    audited financial report.

                  Washington Convention Center Enterprise Fund

        For the Washington Convention Center Enterprise Fund, $69,742,000
    from other funds.

                  National Capital Revitalization Corporation

        For the National Capital Revitalization Corporation, $7,849,000
    from other funds.

                                 Capital Outlay

                             (including rescissions)

        For construction projects, an increase of $1,004,796,000, of which
    $601,708,000 shall be from local funds, $46,014,000 from Highway Trust
    funds, $38,311,000 from the Rights-of-way funds, $218,880,000 from
    Federal grant funds, and a rescission of $99,884,000 from local funds
    appropriated under this heading in prior fiscal years, for a net amount
    of $904,913,000, to remain available until expended; in addition,
    $8,150,000 from funds previously appropriated in this Act under the
    heading ``Federal Payment for Capital Development in the District of
    Columbia'' and $5,000,000 from funds previously appropriated in this
    Act under the heading ``Federal Payment for the Anacostia Waterfront
    Initiative'': Provided, That funds for use of each capital project
    implementing agency shall be managed and controlled in accordance with
    all procedures and limitations established under the Financial
    Management System: Provided further, That all funds provided by this
    appropriation title shall be available only for the specific projects
    and purposes intended.

               TITLE III--DC SCHOOL CHOICE INCENTIVE ACT OF 2003

    SEC. 301. SHORT TITLE.

        This title may be cited as the ``DC School Choice Incentive Act of
    2003''.

    SEC. 302. FINDINGS.

        The Congress finds the following:
            (1) Parents are best equipped to make decisions for their
        children, including the educational setting that will best serve
        the interests and educational needs of their child.
            (2) For many parents in the District of Columbia, public school
        choice provided for under the No Child Left Behind Act of 2001 as
        well as under other public school choice programs, is inadequate
        due to capacity constraints. Available educational alternatives to
        the public schools are insufficient and more educational options
        are needed. In particular, funds are needed to assist low-income
        parents to exercise choice among enhanced public opportunities and
        private educational environments, whether religious or
        nonreligious. Therefore, in keeping with the spirit of the No Child
        Left Behind Act of 2001, school choice options, in addition to
        those already available to parents in the District of Columbia
        (such as magnet and charter schools and open enrollment schools)
        should be made available to those parents.
            (3) In the most recent mathematics assessment on the National
        Assessment of Educational Progress (NAEP), administered in 2000, a
        lower percentage of 4th-grade students in the District of Columbia
        demonstrated proficiency than was the case for any State. Seventy-
        six percent of the District of Columbia fourth-graders scored at
        the ``below basic'' level and of the 8th-grade students in the
        District of Columbia, only 6 percent of the students tested at the
        proficient or advanced levels, and 77 percent were below basic. In
        the most recent NAEP reading assessment, in 1998, only 10 percent
        of the District of Columbia fourth-graders could read proficiently,
        while 72 percent were below basic. At the 8th-grade level, 12
        percent were proficient or advanced and 56 percent were below
        basic.
            (4) A program enacted for the valid secular purpose of
        providing educational assistance to low-income children in a
        demonstrably failing public school system is constitutional under
        Zelman v. Simmons-Harris, 536 U.S. 639 (2002), if it is neutral
        with respect to religion and provides assistance to a broad class
        of citizens who direct government aid to religious and secular
        schools solely as a result of their genuine and independent private
        choices.
            (5) The Mayor of the District of Columbia, the Chairman of the
        Education Committee of the City Council of the District of
        Columbia, and the President of the District of Columbia Board of
        Education support this title.
            (6) This title provides additional money for the District of
        Columbia public schools and therefore money for scholarships is not
        being taken out of money that would otherwise go to the District of
        Columbia public schools.
            (7) This title creates a 5-year program tailored to the current
        needs and particular circumstances of low-income children in
        District of Columbia schools. This title does not establish
        parameters or requirements for other school choice programs.

    SEC. 303. PURPOSE.

        The purpose of this title is to provide low-income parents residing
    in the District of Columbia, particularly parents of students who
    attend elementary schools or secondary schools identified for
    improvement, corrective action, or restructuring under section 1116 of
    the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6316),
    with expanded opportunities for enrolling their children in higher-
    performing schools in the District of Columbia.

    SEC. 304. GENERAL AUTHORITY.

        (a) Authority.--From funds appropriated to carry out this title,
    the Secretary shall award grants on a competitive basis to eligible
    entities with approved applications under section 305 to carry out
    activities to provide eligible students with expanded school choice
    opportunities. The Secretary may award a single grant or multiple
    grants, depending on the quality of applications submitted and the
    priorities of this title.
        (b) Duration of Grants.--The Secretary may make grants under this
    section for a period of not more than 5 years.
        (c) Memorandum of Understanding.--The Secretary and the Mayor of
    the District of Columbia shall enter into a memorandum of
    understanding, as described in the statement of the managers, regarding
    the design of, selection of eligible entities to receive grants under,
    and implementation of, a program assisted under this title.

    SEC. 305. APPLICATIONS.

        (a) In General.--In order to receive a grant under this title, an
    eligible entity shall submit an application to the Secretary at such
    time, in such manner, and accompanied by such information as the
    Secretary may require.
        (b) Contents.--The Secretary may not approve the request of an
    eligible entity for a grant under this title unless the entity's
    application includes--
            (1) a detailed description of--
                (A) how the entity will address the priorities described in
            section 306;
                (B) how the entity will ensure that if more eligible
            students seek admission in the program than the program can
            accommodate, eligible students are selected for admission
            through a random selection process which gives weight to the
            priorities described in section 306;
                (C) how the entity will ensure that if more participating
            eligible students seek admission to a participating school than
            the school can accommodate, participating eligible students are
            selected for admission through a random selection process;
                (D) how the entity will notify parents of eligible students
            of the expanded choice opportunities and how the entity will
            ensure that parents receive sufficient information about their
            options to allow the parents to make informed decisions;
                (E) the activities that the entity will carry out to
            provide parents of eligible students with expanded choice
            opportunities through the awarding of scholarships under
            section 307(a);
                (F) how the entity will determine the amount that will be
            provided to parents for the tuition, fees, and transportation
            expenses, if any;
                (G) how the entity will seek out private elementary schools
            and secondary schools in the District of Columbia to
            participate in the program, and will ensure that participating
            schools will meet the applicable requirements of this title and
            provide the information needed for the entity to meet the
            reporting requirements of this title;
                (H) how the entity will ensure that participating schools
            are financially responsible and will use the funds received
            under this title effectively;
                (I) how the entity will address the renewal of scholarships
            to participating eligible students, including continued
            eligibility; and
                (J) how the entity will ensure that a majority of its
            voting board members or governing organization are residents of
            the District of Columbia; and
            (2) an assurance that the entity will comply with all requests
        regarding any evaluation carried out under section 309.

    SEC. 306. PRIORITIES.

        In awarding grants under this title, the Secretary shall give
    priority to applications from eligible entities who will most
    effectively--
            (1) give priority to eligible students who, in the school year
        preceding the school year for which the eligible student is seeking
        a scholarship, attended an elementary school or secondary school
        identified for improvement, corrective action, or restructuring
        under section 1116 of the Elementary and Secondary Education Act of
        1965 (20 U.S.C. 6316);
            (2) target resources to students and families that lack the
        financial resources to take advantage of available educational
        options; and
            (3) provide students and families with the widest range of
        educational options.

    SEC. 307. USE OF FUNDS.

        (a) Scholarships.--
            (1) In general.--Subject to paragraphs (2) and (3), a grantee
        shall use the grant funds to provide eligible students with
        scholarships to pay the tuition, fees, and transportation expenses,
        if any, to enable them to attend the District of Columbia private
        elementary school or secondary school of their choice. Each grantee
        shall ensure that the amount of any tuition or fees charged by a
        school participating in the grantee's program under this title to
        an eligible student participating in the program does not exceed
        the amount of tuition or fees that the school customarily charges
        to students who do not participate in the program.
            (2) Payments to parents.--A grantee shall make scholarship
        payments under the program under this title to the parent of the
        eligible student participating in the program, in a manner which
        ensures that such payments will be used for the payment of tuition,
        fees, and transportation expenses (if any), in accordance with this
        title.
            (3) Amount of assistance.--
                (A) Varying amounts permitted.--Subject to the other
            requirements of this section, a grantee may award scholarships
            in larger amounts to those eligible students with the greatest
            need.
                (B) Annual limit on amount.--The amount of assistance
            provided to any eligible student by a grantee under a program
            under this title may not exceed $7,500 for any academic year.
            (4) Continuation of scholarships.--Notwithstanding section
        312(3)(B), an eligible entity receiving a grant under this title
        may award a scholarship, for the second or any succeeding year of
        an eligible student's participation in a program under this title,
        to a student who comes from a household whose income does not
        exceed 200 percent of the poverty line.
        (b) Administrative Expenses.--A grantee may use not more than 3
    percent of the amount provided under the grant each year for the
    administrative expenses of carrying out its program under this title
    during the year, including--
            (1) determining the eligibility of students to participate;
            (2) providing information about the program and the schools
        involved to parents of eligible students;
            (3) selecting students to receive scholarships;
            (4) determining the amount of scholarships and issuing the
        scholarships to eligible students;
            (5) compiling and maintaining financial and programmatic
        records; and
            (6) providing funds to assist parents in meeting expenses that
        might otherwise preclude the participation of their child in the
        program.

    SEC. 308. NONDISCRIMINATION.

        (a) In General.--An eligible entity or a school participating in
    any program under this title shall not discriminate against program
    participants or applicants on the basis of race, color, national
    origin, religion, or sex.
        (b) Applicability and Single Sex Schools, Classes, or Activities.--
            (1) In general.--Notwithstanding any other provision of law,
        the prohibition of sex discrimination in subsection (a) shall not
        apply to a participating school that is operated by, supervised by,
        controlled by, or connected to a religious organization to the
        extent that the application of subsection (a) is inconsistent with
        the religious tenets or beliefs of the school.
            (2) Single sex schools, classes, or activities.--
        Notwithstanding subsection (a) or any other provision of law, a
        parent may choose and a school may offer a single sex school,
        class, or activity.
            (3) Applicability.--For purposes of this title, the provisions
        of section 909 of the Education Amendments of 1972 (20 U.S.C. 1688)
        shall apply to this title as if section 909 of the Education
        Amendments of 1972 (20 U.S.C. 1688) were part of this title.
        (c) Children With Disabilities.--Nothing in this title may be
    construed to alter or modify the provisions of the Individuals with
    Disabilities Education Act.
        (d) Religiously Affiliated Schools.--
            (1) In general.--Notwithstanding any other provision of law, a
        school participating in any program under this title that is
        operated by, supervised by, controlled by, or connected to, a
        religious organization may exercise its right in matters of
        employment consistent with title VII of the Civil Rights Act of
        1964 (42 U.S.C. 2000e-1 et seq.), including the exemptions in such
        title.
            (2) Maintenance of purpose.--Notwithstanding any other
        provision of law, funds made available under this title to eligible
        students that are received by a participating school, as a result
        of their parents' choice, shall not, consistent with the first
        amendment of the United States Constitution, necessitate any change
        in the participating school's teaching mission, require any
        participating school to remove religious art, icons, scriptures, or
        other symbols, or preclude any participating school from retaining
        religious terms in its name, selecting its board members on a
        religious basis, or including religious references in its mission
        statements and other chartering or governing documents.
        (e) Rule of Construction.--A scholarship (or any other form of
    support provided to parents of eligible students) under this title
    shall be considered assistance to the student and shall not be
    considered assistance to the school that enrolls the eligible student.
    The amount of any scholarship (or other form of support provided to
    parents of an eligible student) under this title shall not be treated
    as income of the parents for purposes of Federal tax laws or for
    determining eligibility for any other Federal program.

    SEC. 309. EVALUATIONS.

        (a) In General.--
            (1) Duties of the secretary and the mayor.--The Secretary and
        the Mayor of the District of Columbia shall jointly select an
        independent entity to evaluate annually the performance of students
        who received scholarships under the 5-year program under this
        title, and shall make the evaluations public in accordance with
        subsection (c).
            (2) Duties of the secretary.--The Secretary, through a grant,
        contract, or cooperative agreement, shall--
                (A) ensure that the evaluation is conducted using the
            strongest possible research design for determining the
            effectiveness of the programs funded under this title that
            addresses the issues described in paragraph (4); and
                (B) disseminate information on the impact of the programs
            in increasing the student academic achievement of participating
            students, and on the impact of the programs on students and
            schools in the District of Columbia.
            (3) Duties of the independent entity.--The independent entity
        shall--
                (A) measure the academic achievement of all participating
            eligible students;
                (B) use the same grade appropriate measurement every school
            year to assess participating eligible students as the
            measurement used by the District of Columbia Public Schools to
            assess District of Columbia Public School students in the first
            year of the program; and
                (C) work with the eligible entities to ensure that the
            parents of each student who applies for a scholarship under
            this title (regardless of whether the student receives the
            scholarship) and the parents of each student participating in
            the scholarship program under this title, agree that the
            student will participate in the measurements given annually by
            the independent entity for the period for which the student
            applied for or received the scholarship, respectively.
            (4) Issues to be evaluated.--The issues to be evaluated include
        the following:
                (A) A comparison of the academic achievement of
            participating eligible students in the measurements described
            in this section to the achievement of--
                    (i) students in the same grades in the District of
                Columbia public schools; and
                    (ii) the eligible students in the same grades in the
                District of Columbia public schools who sought to
                participate in the scholarship program but were not
                selected.
                (B) The success of the programs in expanding choice options
            for parents.
                (C) The reasons parents choose for their children to
            participate in the programs.
                (D) A comparison of the retention rates, dropout rates, and
            (if appropriate) graduation and college admission rates, of
            students who participate in the programs funded under this
            title with the retention rates, dropout rates, and (if
            appropriate) graduation and college admission rates of students
            of similar backgrounds who do not participate in such programs.
                (E) The impact of the program on students, and public
            elementary schools and secondary schools, in the District of
            Columbia.
                (F) A comparison of the safety of the schools attended by
            students who participate in the programs and the schools
            attended by students who do not participate in the programs.
                (G) Such other issues as the Secretary considers
            appropriate for inclusion in the evaluation.
            (5) Prohibition.--Personally identifiable information regarding
        the results of the measurements used for the evaluations may not be
        disclosed, except to the parents of the student to whom the
        information relates.
        (b) Reports.--The Secretary shall submit to the Committees on
    Appropriations, Education and the Workforce, and Government Reform of
    the House of Representatives and the Committees on Appropriations,
    Health, Education, Labor, and Pensions, and Governmental Affairs of the
    Senate--
            (1) annual interim reports, not later than December 1 of each
        year for which a grant is made under this title, on the progress
        and preliminary results of the evaluation of the programs funded
        under this title; and
            (2) a final report, not later than 1 year after the final year
        for which a grant is made under this title, on the results of the
        evaluation of the programs funded under this title.
        (c) Public Availability.--All reports and underlying data gathered
    pursuant to this section shall be made available to the public upon
    request, in a timely manner following submission of the applicable
    report under subsection (b), except that personally identifiable
    information shall not be disclosed or made available to the public.
        (d) Limit on Amount Expended.--The amount expended by the Secretary
    to carry out this section for any fiscal year may not exceed 3 percent
    of the total amount appropriated to carry out this title for the fiscal
    year.

    SEC. 310. REPORTING REQUIREMENTS.

        (a) Activities Reports.--Each grantee receiving funds under this
    title during a year shall submit a report to the Secretary not later
    than July 30 of the following year regarding the activities carried out
    with the funds during the preceding year.
        (b) Achievement Reports.--
            (1) In general.--In addition to the reports required under
        subsection (a), each grantee shall, not later than September 1 of
        the year during which the second academic year of the grantee's
        program is completed and each of the next 2 years thereafter,
        submit a report to the Secretary regarding the data collected in
        the previous 2 academic years concerning--
                (A) the academic achievement of students participating in
            the program;
                (B) the graduation and college admission rates of students
            who participate in the program, where appropriate; and
                (C) parental satisfaction with the program.
            (2) Prohibiting disclosure of personal information.--No report
        under this subsection may contain any personally identifiable
        information.
        (c) Reports to Parent.--
            (1) In general.--Each grantee shall ensure that each school
        participating in the grantee's program under this title during a
        year reports at least once during the year to the parents of each
        of the school's students who are participating in the program on--
                (A) the student's academic achievement, as measured by a
            comparison with the aggregate academic achievement of other
            participating students at the student's school in the same
            grade or level, as appropriate, and the aggregate academic
            achievement of the student's peers at the student's school in
            the same grade or level, as appropriate; and
                (B) the safety of the school, including the incidence of
            school violence, student suspensions, and student expulsions.
            (2) Prohibiting disclosure of personal information.--No report
        under this subsection may contain any personally identifiable
        information, except as to the student who is the subject of the
        report to that student's parent.
        (d) Report to Congress.--The Secretary shall submit to the
    Committees on Appropriations, Education and the Workforce, and
    Government Reform of the House of Representatives and the Committees on
    Appropriations, Health, Education, Labor, and Pensions, and
    Governmental Affairs of the Senate an annual report on the findings of
    the reports submitted under subsections (a) and (b).

    SEC. 311. OTHER REQUIREMENTS FOR PARTICIPATING SCHOOLS.

        (a) Requests for Data and Information.--Each school participating
    in a program funded under this title shall comply with all requests for
    data and information regarding evaluations conducted under section
    309(a).
        (b) Rules of Conduct and Other School Policies.--A participating
    school, including those described in section 308(d), may require
    eligible students to abide by any rules of conduct and other
    requirements applicable to all other students at the school.

    SEC. 312. DEFINITIONS.

        As used in this title:
            (1) Elementary school.--The term ``elementary school'' means an
        institutional day or residential school, including a public
        elementary charter school, that provides elementary education, as
        determined under District of Columbia law.
            (2) Eligible entity.--The term ``eligible entity'' means any of
        the following:
                (A) An educational entity of the District of Columbia
            Government.
                (B) A nonprofit organization.
                (C) A consortium of nonprofit organizations.
            (3) Eligible student.--The term ``eligible student'' means a
        student who--
                (A) is a resident of the District of Columbia; and
                (B) comes from a household whose income does not exceed 185
            percent of the poverty line.
            (4) Parent.--The term ``parent'' has the meaning given that
        term in section 9101 of the Elementary and Secondary Education Act
        of 1965 (20 U.S.C. 7801).
            (5) Poverty line.--The term ``poverty line'' has the meaning
        given that term in section 9101 of the Elementary and Secondary
        Education Act of 1965 (20 U.S.C. 7801).
            (6) Secondary school.--The term ``secondary school'' means an
        institutional day or residential school, including a public
        secondary charter school, as determined under District of Columbia
        law, except that the term does not include any education beyond
        grade 12.
            (7) Secretary.--The term ``Secretary'' means the Secretary of
        Education.

    SEC. 313. AUTHORIZATION OF APPROPRIATIONS.

        There are authorized to be appropriated to carry out this title
    $14,000,000 for fiscal year 2004 and such sums as may be necessary for
    each of the 4 succeeding fiscal years.

                          TITLE IV--GENERAL PROVISIONS

        Sec. 401. Whenever in this Act, an amount is specified within an
    appropriation for particular purposes or objects of expenditure, such
    amount, unless otherwise specified, shall be considered as the maximum
    amount that may be expended for said purpose or object rather than an
    amount set apart exclusively therefor.
        Sec. 402. Appropriations in this Act shall be available for
    expenses of travel and for the payment of dues of organizations
    concerned with the work of the District of Columbia government, when
    authorized by the Mayor: Provided, That in the case of the Council of
    the District of Columbia, funds may be expended with the authorization
    of the Chairman of the Council.
        Sec. 403. There are appropriated from the applicable funds of the
    District of Columbia such sums as may be necessary for making refunds
    and for the payment of legal settlements or judgments that have been
    entered against the District of Columbia government: Provided, That
    nothing contained in this section shall be construed as modifying or
    affecting the provisions of section 11(c)(3) of title XII of the
    District of Columbia Income and Franchise Tax Act of 1947 (D.C.
    Official Code, sec. 47-1812.11(c)(3)).
        Sec. 404. No part of any appropriation contained in this Act shall
    remain available for obligation beyond the current fiscal year unless
    expressly to provided herein.
        Sec. 405. No funds appropriated in this Act for the District of
    Columbia government for the operation of educational institutions, the
    compensation of personnel, or for other educational purposes may be
    used to permit, encourage, facilitate, or further partisan political
    activities. Nothing herein is intended to prohibit the availability of
    school buildings for the use of any community or partisan political
    group during non-school hours.
        Sec. 406. None of the funds appropriated in this Act shall be made
    available to pay the salary of any employee of the District of Columbia
    government whose name, title, grade, and salary are not available for
    inspection by the Committees on Appropriations of the House of
    Representatives and Senate, the Committee on Government Reform of the
    House of Representatives, the Committee on Governmental Affairs of the
    Senate, and the Council of the District of Columbia, or their duly
    authorized representative.
        Sec. 407. (a) Except as provided in subsection (b), no part of this
    appropriation shall be used for publicity or propaganda purposes or
    implementation of any policy including boycott designed to support or
    defeat legislation pending before Congress or any State legislature.
        (b) The District of Columbia may use local funds provided in this
    Act to carry out lobbying activities on any matter other than--
            (1) the promotion or support of any boycott; or
            (2) statehood for the District of Columbia or voting
        representation in Congress for the District of Columbia.
        (c) Nothing in this section may be construed to prohibit any
    elected official from advocating with respect to any of the issues
    referred to in subsection (b).
        Sec. 408. (a) None of the funds provided under this Act to the
    agencies funded by this Act, both Federal and District government
    agencies, that remain available for obligation or expenditure in fiscal
    year 2004, or provided from any accounts in the Treasury of the United
    States derived by the collection of fees available to the agencies
    funded by this Act, shall be available for obligation or expenditures
    for an agency through a reprogramming of funds which--
            (1) creates new programs;
            (2) eliminates a program, project, or responsibility center;
            (3) establishes or changes allocations specifically denied,
        limited or increased under this Act;
            (4) increases funds or personnel by any means for any program,
        project, or responsibility center for which funds have been denied
        or restricted;
            (5) reestablishes any program or project previously deferred
        through reprogramming;
            (6) augments any existing program, project, or responsibility
        center through a reprogramming of funds in excess of $1,000,000 or
        10 percent, whichever is less; or
            (7) increases by 20 percent or more personnel assigned to a
        specific program, project or responsibility center,
    unless the Committee on Appropriations of the House of Representatives
    and Senate are notified in writing 30 days in advance of the
    reprogramming.
        (b) None the local funds contained in this Act may be available for
    obligation or expenditure for an agency through a transfer of any local
    funds from one appropriation heading to another unless the Committees
    on Appropriations of the House of Representatives and Senate are
    notified in writing 30 days in advance of the transfer, except that in
    no event may the amount of any funds transferred exceed 4 percent of
    the local funds in the appropriations.
        Sec. 409. Consistent with the provisions of section 1301(a) of
    title 31, United States Code, appropriations under this Act shall be
    applied only to the objects for which the appropriations were made
    except as otherwise provided by law.
        Sec. 410. Notwithstanding any other provisions of law, the
    provisions of the District of Columbia Government Comprehensive Merit
    Personnel Act of 1978 (D.C. Law 2-139; D.C. Official Code, sec. 1-
    601.01 et seq.), enacted pursuant to section 422(3) of the District of
    Columbia Home Rule Act (D.C. Official Code, sec. 1-204l.22(3)), shall
    apply with respect to the compensation of District of Columbia
    employees: Provided, That for pay purposes, employees of the District
    of Columbia government shall not be subject to the provisions of title
    5, United States Code.
        Sec. 411. No later than 30 days after the end of the first quarter
    of fiscal year 2004, the Mayor of the District of Columbia shall submit
    to the Council of the District of Columbia and the Committees on
    Appropriations of the House of Representatives and Senate the new
    fiscal year 2004 revenue estimates as of the end of such quarter. These
    estimates shall be used in the budget request for fiscal year 2005. The
    officially revised estimates at midyear shall be used for the midyear
    report.
        Sec. 412. No sole source contract with the District of Columbia
    government or any agency thereof may be renewed or extended without
    opening that contract to the competitive bidding process as set forth
    in section 303 of the District of Columbia Procurement Practices Act of
    1985 (D.C. Law 6-85; D.C. Official Code, sec. 2-303.03), except that
    the District of Columbia government or any agency thereof may renew or
    extend sole source contracts for which competition is not feasible or
    practical, but only if the determination as to whether to invoke the
    competitive bidding process has been made in accordance with duly
    promulgated rules and procedures and has been reviewed and certified by
    the Chief Financial Officer of the District of Columbia.
        Sec. 413. (a) In the event a sequestration order is issued pursuant
    to the Balanced Budget and Emergency Deficit Control Act of 1985 after
    the amounts appropriated to the District of Columbia for the fiscal
    year involved have been paid to the District of Columbia, the Mayor of
    the District of Columbia shall pay to the Secretary of the Treasury,
    within 15 days after receipt of a request therefor from the Secretary
    of the Treasury, such amounts as are sequestered by the order:
    Provided, That the sequestration percentage specified in the order
    shall be applied proportionately to each of the Federal appropriation
    accounts in this Act that are not specifically exempted from
    sequestration by such Act.
        (b) For purposes of the Balanced Budget and Emergency Deficit
    Control Act of 1985, the term ``program, project, and activity'' shall
    be synonymous with and refer specifically to each account appropriating
    Federal funds in this Act, and any sequestration order shall be applied
    to each of the accounts rather than to the aggregate total of those
    accounts: Provided, That sequestration orders shall not be applied to
    any account that is specifically exempted from sequestration by the
    Balanced Budget and Emergency Deficit Control Act of 1985.
        Sec. 414. None of the Federal funds provided in this Act may be
    used by the District of Columbia to provide for salaries, expenses, or
    other costs associated with the offices of United States Senator or
    United States Representative under section 4(d) of the District of
    Columbia Statehood Constitutional Convention Initiatives of 1979 (D.C.
    Law 3-171; D.C. Official Code, sec. 1-123).
        Sec. 415. None of the funds appropriated under this Act shall be
    expended for any abortion except where the life of the mother would be
    endangered if the fetus were carried to term or where the pregnancy is
    the result of an act of rape or incest.
        Sec. 416. None of the Federal funds made available in this Act may
    be used to implement or enforce the Health Care Benefits Expansion Act
    of 1992 (D.C. Law 9-114; D.C. Official Code, sec. 32-701 et seq.) or to
    otherwise implement or enforce any system of registration of unmarried,
    cohabiting couples, including but not limited to registration for the
    purpose of extending employment, health, or governmental benefits to
    such couples on the same basis that such benefits are extended to
    legally married couples.
        Sec. 417. (a) Notwithstanding any other provision of this Act, the
    Mayor, in consultation with the Chief Financial Officer of the District
    of Columbia may accept, obligate, and expend Federal, private, and
    other grants received by the District government that are not reflected
    in the amounts appropriated in this Act.
        (b)(1) No such Federal, private, or other grant may be accepted,
    obligated, or expended pursuant to subsection (a) until--
            (A) the Chief Financial Officer of the District of Columbia
        submits to the Council a report setting forth detailed information
        regarding such grant; and
            (B) the Council has reviewed and approved the acceptance,
        obligation, and expenditure of such grant.
        (2) For purposes of paragraph (1)(B), the Council shall be deemed
    to have reviewed and approved the acceptance, obligation, and
    expenditure of a grant if--
            (A) no written notice of disapproval is filed with the
        Secretary of the Council within 14 calendar days of the receipt of
        the report from the Chief Financial Officer under paragraph (1)(A);
        or
            (B) if such a notice of disapproval is filed within such
        deadline, the Council does not by resolution disapprove the
        acceptance, obligation, or expenditure of the grant within 30
        calendar days of the initial receipt of the report from the Chief
        Financial Officer under paragraph (1)(A).
        (c) No amount may be obligated or expended from the general fund or
    other funds of the District of Columbia government in anticipation of
    the approval or receipt of a grant under subsection (b)(2) or in
    anticipation of the approval or receipt of a Federal, private, or other
    grant not subject to such subsection.
        (d) The Chief Financial Officer of the District of Columbia shall
    prepare a quarterly report setting forth detailed information regarding
    all Federal, private, and other grants subject to this section. Each
    such report shall be submitted to the Council of the District of
    Columbia and to the Committees on Appropriations of the House of
    Representatives and Senate not later than 15 days after the end of the
    quarter covered by the report.
        Sec. 418. (a) Except as otherwise provided in this section, none of
    the funds made available by this Act or by any other Act may be used to
    provide any officer or employee of the District of Columbia with an
    official vehicle unless the officer or employee uses the vehicle only
    in the performance of the officer's or employee's official duties. For
    purposes of this paragraph, the term ``official duties'' does not
    include travel between the officer's or employee's residence and
    workplace, except in the case of--
            (1) an officer or employee of the Metropolitan Police
        Department who resides in the District of Columbia or is otherwise
        designated by the Chief of the Department;
            (2) at the discretion of the Fire Chief, an officer or employee
        of the District of Columbia Fire and Emergency Medical Services
        Department who resides in the District of Columbia and is on call
        24 hours a day;
            (3) the Mayor of the District of Columbia; and
            (4) the Chairman of the Council of the District of Columbia.
        (b) The Chief Financial Officer of the District of Columbia shall
    submit by March 1, 2004, an inventory, as of September 30, 2003, of all
    vehicles owned, leased or operated by the District of Columbia
    government. The inventory shall include, but not be limited to, the
    department to which the vehicle is assigned; the year and make of the
    vehicle; the acquisition date and cost; the general condition of the
    vehicle; annual operating and maintenance costs; current mileage; and
    whether the vehicle is allowed to be taken home by a District officer
    or employee and if so, the officer or employee's title and resident
    location.
        Sec. 419. None of the funds contained in this Act may be used for
    purposes of the annual independent audit of the District of Columbia
    government for fiscal year 2004 unless--
            (1) the audit is conducted by the Inspector General of the
        District of Columbia, in coordination with the Chief Financial
        Officer of the District of Columbia, pursuant to section 208(a)(4)
        of the District of Columbia Procurement Practices Act of 1985 (D.C.
        Official Code, sec. 2-302.8); and
            (2) the audit includes as a basic financial statement a
        comparison of audited actual year-end results with the revenues
        submitted in the budget document for such year and the
        appropriations enacted into law for such year using the format,
        terminology, and classifications contained in the law making the
        appropriations for the year and its legislative history.
        Sec. 420. (a) None of the funds contained in this Act may be used
    by the District of Columbia Corporation Counsel or any other officer or
    entity of the District government to provide assistance for any
    petition drive or civil action which seeks to require Congress to
    provide for voting representation in Congress for the District of
    Columbia.
        (b) Nothing in this section bars the District of Columbia
    Corporation Counsel from reviewing or commenting on briefs in private
    lawsuits, or from consulting with officials of the District government
    regarding such lawsuits.
        Sec. 421. (a) None of the funds contained in this Act may be used
    for any program of distributing sterile needles or syringes for the
    hypodermic injection of any illegal drug.
        (b) Any individual or entity who receives any funds contained in
    this Act and who carries out any program described in subsection (a)
    shall account for all funds used for such program separately from any
    funds contained in this Act.
        Sec. 422. None of the funds contained in this Act may be used after
    the expiration of the 60-day period that begins on the date of the
    enactment of this Act to pay the salary of any chief financial officer
    of any office of the District of Columbia government (including any
    independent agency of the District of Columbia) who has not filed a
    certification with the Mayor and the Chief Financial Officer of the
    District of Columbia that the officer understands the duties and
    restrictions applicable to the officer and the officer's agency as a
    result of this Act (and the amendments made by this Act), including any
    duty to prepare a report requested either in the Act or in any of the
    reports accompanying the Act and the deadline by which each report must
    be submitted. The Chief Financial Officer of the District of Columbia
    shall provide to the Committees on Appropriations of the House of
    Representatives and Senate by the 10th day after the end of each
    quarter a summary list showing each report, the due date, and the date
    submitted to the committees.
        Sec. 423. (a) None of the funds contained in this Act may be used
    to enact or carry out any law, rule, or regulation to legalize or
    otherwise reduce penalties associated with the possession, use, or
    distribution of any schedule I substance under the Controlled
    Substances Act (21 U.S.C. 802) or any tetrahydrocannabinols derivative.
        (b) The Legalization of Marijuana for Medical Treatment Initiative
    of 1998, also known as Initiative 59, approved by the electors of the
    District of Columbia on November 3, 1998, shall not take effect.
        Sec. 424. Nothing in this Act may be construed to prevent the
    Council or Mayor of the District of Columbia from addressing the issue
    of the provision of contraceptive coverage by health insurance plans,
    but it is the intent of Congress that any legislation enacted on such
    issue should include a ``conscience clause'' which provides exceptions
    for religious beliefs and moral convictions.
        Sec. 425. The Mayor of the District of Columbia shall submit to the
    Committees on Appropriations of the House of Representatives and
    Senate, the Committee on Government Reform of the House of
    Representatives, and the Committee on Governmental Affairs of the
    Senate quarterly reports addressing--
            (1) crime, including the homicide rate, implementation of
        community policing, the number of police officers on local beats,
        and the closing down of open-air drug markets;
            (2) access to substance and alcohol abuse treatment, including
        the number of treatment slots, the number of people served, the
        number of people on waiting lists, and the effectiveness of
        treatment programs;
            (3) management of parolees and pre-trial violent offenders,
        including the number of halfway houses escapes and steps taken to
        improve monitoring and supervision of halfway house residents to
        reduce the number of escapes to be provided in consultation with
        the Court Services and Offender Supervision Agency for the District
        of Columbia;
            (4) education, including access to special education services
        and student achievement to be provided in consultation with the
        District of Columbia Public Schools and the District of Columbia
        public charter schools;
            (5) improvement in basic District services, including rat
        control and abatement;
            (6) application for and management of Federal grants, including
        the number and type of grants for which the District was eligible
        but failed to apply and the number and type of grants awarded to
        the District but for which the District failed to spend the amounts
        received; and
            (7) indicators of child well-being.
        Sec. 426. No later than 30 calendar days after the date of the
    enactment of this Act, the Chief Financial Officer of the District of
    Columbia shall submit to the appropriate committees of Congress, the
    Mayor, and the Council of the District of Columbia a revised
    appropriated funds operating budget in the format of the budget that
    the District of Columbia government submitted pursuant to section 442
    of the District of Columbia Home Rule Act (D.C. Official Code, sec. 1-
    204.42), for all agencies of the District of Columbia government for
    fiscal year 2003 that is in the total amount of the approved
    appropriation and that realigns all budgeted data for personal services
    and other-than-personal-services, respectively, with anticipated actual
    expenditures.
        Sec. 427. None of the funds contained in this Act may be used to
    issue, administer, or enforce any order by the District of Columbia
    Commission on Human Rights relating to docket numbers 93-030-(PA) and
    93-031-(PA).
        Sec. 428. None of the Federal 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. 429. During fiscal year 2004 and any subsequent fiscal year,
    in addition to any other authority to pay claims and judgments, any
    department, agency, or instrumentality of the District government may
    use local funds to pay the settlement or judgment of a claim or lawsuit
    in an amount less than $10,000, in accordance with the Risk Management
    for Settlements and Judgments Amendment Act of 2000 (D.C. Law 13-172;
    D.C. Official Code, sec. 2-402).
        Sec. 430. Notwithstanding any other law, the District of Columbia
    Courts shall transfer to the general treasury of the District of
    Columbia all fines levied and collected by the Courts under section
    10(b)(1) and (2) of the District of Columbia Traffic Act (D.C. Official
    Code, sec. 50-2201.05(b)(1) and (2)). The transferred funds shall
    remain available until expended and shall be used by the Office of the
    Corporation Counsel for enforcement and prosecution of District traffic
    alcohol laws in accordance with section 10(b)(3) of the District of
    Columbia Traffic Act (D.C. Official Code, sec. 50-2201.05(b)(3)).
        Sec. 431. During fiscal year 2004 and any subsequent fiscal year,
    any agency of the District government may transfer to the Office of
    Labor Relations and Collective Bargaining (OLRCB) such local funds as
    may be necessary to pay for representation by OLRCB in third-party
    cases, grievances, and dispute resolution, pursuant to an intra-
    District agreement with OLRCB. These amounts shall be available for use
    by OLRCB to reimburse the cost of providing the representation.
        Sec. 432. None of the funds contained in this Act may be made
    available to pay--
            (1) the fees of an attorney who represents a party in an action
        or an attorney who defends an action, including an administrative
        proceeding, brought against the District of Columbia Public Schools
        under the Individuals with Disabilities Education Act (20 U.S.C.
        1400 et seq.) in excess of $4,000 for that action; or
            (2) the fees of an attorney or firm whom the Chief Financial
        Officer of the District of Columbia determines to have a pecuniary
        interest, either through an attorney, officer or employee of the
        firm, in any special education diagnostic services, schools, or
        other special education service providers.
        Sec. 433. The Chief Financial Officer of the District of Columbia
    shall require attorneys in special education cases brought under the
    Individuals with Disabilities Act (IDEA) in the District of Columbia to
    certify in writing that the attorney or representative rendered any and
    all services for which they receive awards, including those received
    under a settlement agreement or as part of an administrative
    proceeding, under the IDEA from the District of Columbia: Provided,
    That as part of the certification, the Chief Financial Officer of the
    District of Columbia shall require all attorneys in IDEA cases to
    disclose any financial, corporate, legal, memberships on boards of
    directors, or other relationships with any special education diagnostic
    services, schools, or other special education service providers to
    which the attorneys have referred any clients as part of this
    certification: Provided further, That the Chief Financial Officer shall
    prepare and submit quarterly reports to the Committees on
    Appropriations of the House of Representatives and Senate on the
    certification of and the amount paid by the government of the District
    of Columbia, including the District of Columbia Public Schools, to
    attorneys in cases brought under IDEA: Provided further, That the
    Inspector General of the District of Columbia may conduct
    investigations to determine the accuracy of the certifications.
        Sec. 434. Section 603(e)(3)(C)(iv) of the Student Loan Marketing
    Association Reorganization Act of 1996 (20 U.S.C. 1155(e)(3)(C)(iv)) is
    amended as follows--
            (1) by inserting ``for a fiscal year'' after ``this
        subparagraph''; and
            (2) by inserting ``for the fiscal year'' before the period.
        Sec. 435. Chapter 3 of title 16, District of Columbia Code, is
    amended by inserting at the end the following new section:

    ``SEC. 16-316. APPOINTMENT AND COMPENSATION OF COUNSEL; GUARDIAN AD
                  LITEM.

        ``(a) When a petition for adoption has been filed and there has
    been no termination or relinquishment of parental rights with respect
    to the proposed adoptee or consent to the proposed adoption by a parent
    or guardian whose consent is required under D.C. Code section 16-304,
    the Court may appoint an attorney to represent such parent or guardian
    in the adoption proceeding if the individual is financially unable to
    obtain adequate representation.
        ``(b) The Court may appoint a guardian ad litem who is an attorney
    to represent the child in an adoption proceeding. The guardian ad litem
    shall in general be charged with the representation of the child's best
    interest.
        ``(c) An attorney appointed pursuant to subsection (a) or (b) of
    this section shall be compensated in accordance with D.C. Code section
    16-2326.01, except that compensation in the adoption case shall be
    subject to the limitation set forth in D.C. Code section 16-
    2326.01(b)(2).''.
        The table of sections for chapter 3 of title 16, District of
    Columbia Code, is amended by inserting at the end the following new
    item:

    ``Sec. 16-316. Appointment and compensation of counsel; guardian ad
              litem.''.

        Sec. 436. The amount appropriated by this Act may be increased by
    no more than $15,000,000 from funds identified in the comprehensive
    annual financial report as the District's fiscal year 2003 unexpended
    general fund surplus. The District may obligate and expend these
    amounts only in accordance with the following conditions:
            (1) The Chief Financial Officer of the District of Columbia
        shall certify that the use of any such amounts is not anticipated
        to have a negative impact on the District's long-term financial,
        fiscal, and economic vitality.
            (2) The District of Columbia may only use these funds for the
        following expenditures--
                (A) unanticipated one-time expenditures;
                (B) to avoid deficit spending;
                (C) debt reduction;
                (D) unanticipated program needs; or
                (E) to avoid revenue shortfalls.
            (3) The amounts shall be obligated and expended in accordance
        with laws enacted by the Council in support of each such obligation
        or expenditure.
            (4) The amounts may not be used to fund the agencies of the
        District of Columbia government under court ordered receivership.
            (5) The amounts may be obligated and expended only if approved
        by the Committees on Appropriations of the House of Representatives
        and Senate in advance of any obligation or expenditure.
        This division may be cited as the ``District of Columbia
    Appropriations Act, 2004''.

    DIVISION D--FOREIGN OPERATIONS, EXPORT FINANCING, AND RELATED PROGRAMS
                            APPROPRIATIONS ACT, 2004

                                     An Act

      Making appropriations for foreign operations, export financing, and
    related programs for the fiscal year ending September 30, 2004, and for
                                 other purposes.

    That the following sums are appropriated, out of any money in the
    Treasury not otherwise appropriated, for the fiscal year ending
    September 30, 2004, and for other purposes, namely:

                   TITLE I--EXPORT AND INVESTMENT ASSISTANCE

                    Export-Import Bank of the United States

        The Export-Import Bank of the United States is authorized to make
    such expenditures within the limits of funds and borrowing authority
    available to such corporation, and in accordance 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 may be necessary in carrying out the program for the
    current fiscal year for such corporation: Provided, That none of the
    funds available during the current fiscal year may be used to make
    expenditures, contracts, or commitments for the export of nuclear
    equipment, fuel, or technology to any country, other than a nuclear-
    weapon state as defined in Article IX of the Treaty on the Non-
    Proliferation of Nuclear Weapons eligible to receive economic or
    military assistance under this Act, that has detonated a nuclear
    explosive after the date of the enactment of this Act: Provided
    further, That notwithstanding section 1(c) of Public Law 103-428, as
    amended, sections 1(a) and (b) of Public Law 103-428 shall remain in
    effect through October 1, 2004.

                             administrative expenses

        For administrative expenses to carry out the direct and guaranteed
    loan and insurance programs, including hire of passenger motor vehicles
    and services as authorized by 5 U.S.C. 3109, and not to exceed $30,000
    for official reception and representation expenses for members of the
    Board of Directors, $72,895,000: Provided, That the Export-Import Bank
    may accept, and use, payment or services provided by transaction
    participants for legal, financial, or technical services in connection
    with any transaction for which an application for a loan, guarantee or
    insurance commitment has been made: Provided further, That,
    notwithstanding subsection (b) of section 117 of the Export Enhancement
    Act of 1992, subsection (a) thereof shall remain in effect until
    October 1, 2004.

                    Overseas Private Investment Corporation

                                noncredit account

        The Overseas Private Investment Corporation is authorized to make,
    without regard to fiscal year limitations, as provided by 31 U.S.C.
    9104, such expenditures and commitments within the limits of funds
    available to it and in accordance with law as may be necessary:
    Provided, That the amount available for administrative expenses to
    carry out the credit and insurance programs (including an amount for
    official reception and representation expenses which shall not exceed
    $35,000) shall not exceed $41,385,000: Provided further, That project-
    specific transaction costs, including direct and indirect costs
    incurred in claims settlements, and other direct costs associated with
    services provided to specific investors or potential investors pursuant
    to section 234 of the Foreign Assistance Act of 1961, shall not be
    considered administrative expenses for the purposes of this heading.

                                 program account

        For the cost of direct and guaranteed loans, $24,000,000, as
    authorized by section 234 of the Foreign Assistance Act of 1961, to be
    derived by transfer from the Overseas Private Investment Corporation
    Non-Credit Account: Provided, That such costs, including the cost of
    modifying such loans, shall be as defined in section 502 of the
    Congressional Budget Act of 1974: Provided further, That such sums
    shall be available for direct loan obligations and loan guaranty
    commitments incurred or made during fiscal years 2004 and 2005:
    Provided further, That such sums shall remain available through fiscal
    year 2012 for the disbursement of direct and guaranteed loans obligated
    in fiscal year 2004, and through fiscal year 2013 for the disbursement
    of direct and guaranteed loans obligated in fiscal year 2005.
        In addition, such sums as may be necessary for administrative
    expenses to carry out the credit program may be derived from amounts
    available for administrative expenses to carry out the credit and
    insurance programs in the Overseas Private Investment Corporation
    Noncredit Account and merged with said account.

                      Funds Appropriated to the President

                           trade and development agency

        For necessary expenses to carry out the provisions of section 661
    of the Foreign Assistance Act of 1961, $50,000,000, to remain available
    until September 30, 2005.

                    TITLE II--BILATERAL ECONOMIC ASSISTANCE

                      Funds Appropriated to the President

        For expenses necessary to enable the President to carry out the
    provisions of the Foreign Assistance Act of 1961, and for other
    purposes, to remain available until September 30, 2004, unless
    otherwise specified herein, as follows:

                united states agency for international development

                     child survival and health programs fund

                          (including transfer of funds)

        For necessary expenses to carry out the provisions of chapters 1
    and 10 of part I of the Foreign Assistance Act of 1961, for child
    survival, health, and family planning/reproductive health activities,
    in addition to funds otherwise available for such purposes,
    $1,835,000,000, to remain available until September 30, 2005: Provided,
    That this amount shall be made available for such activities as: (1)
    immunization programs; (2) oral rehydration programs; (3) health,
    nutrition, water and sanitation programs which directly address the
    needs of mothers and children, and related education programs; (4)
    assistance for children displaced or orphaned by causes other than
    AIDS; (5) programs for the prevention, treatment, control of, and
    research on HIV/AIDS, tuberculosis, polio, malaria, and other
    infectious diseases, and for assistance to communities severely
    affected by HIV/AIDS, including children displaced or orphaned by AIDS;
    and (6) family planning/reproductive health: Provided further, That
    none of the funds appropriated under this heading may be made available
    for nonproject assistance, except that funds may be made available for
    such assistance for ongoing health activities: Provided further, That
    of the funds appropriated under this heading, not to exceed $250,000,
    in addition to funds otherwise available for such purposes, may be used
    to monitor and provide oversight of child survival, maternal and family
    planning/reproductive health, and infectious disease programs: Provided
    further, That the following amounts should be allocated as follows:
    $330,000,000 for child survival and maternal health; $28,000,000 for
    vulnerable children; $516,500,000 for HIV/AIDS including not less than
    $22,000,000 which should be made available to support the development
    of microbicides as a means for combating HIV/AIDS; $185,000,000 for
    other infectious diseases; and $375,500,000 for family planning/
    reproductive health, including in areas where population growth
    threatens biodiversity or endangered species: Provided further, That of
    the funds appropriated under this heading, and in addition to funds
    allocated under the previous proviso, not less than $400,000,000 shall
    be made available, notwithstanding any other provision of law, except
    for the United States Leadership Against HIV/AIDS, Tuberculosis and
    Malaria Act of 2003 (117 Stat. 711; 22 U.S.C. 1701 et seq.) as amended
    by section 595 of this Act, for a United States contribution to the
    Global Fund to Fight AIDS, Tuberculosis and Malaria (the ``Global
    Fund''), and shall be expended at the minimum rate necessary to make
    timely payment for projects and activities: Provided further, That of
    the funds appropriated under this heading that are available for HIV/
    AIDS programs and activities, not less than $26,000,000 should be made
    available for the International AIDS Vaccine Initiative and not less
    than $26,000,000 should be made available for a United States
    contribution to UNAIDS: Provided further, That of the funds
    appropriated under this heading, $60,000,000 should be made available
    for a United States contribution to The Vaccine Fund, and up to
    $6,000,000 may be transferred to and merged with funds appropriated by
    this Act under the heading ``Operating Expenses of the United States
    Agency for International Development'' for costs directly related to
    international health, but funds made available for such costs may not
    be derived from amounts made available for contribution under this and
    preceding provisos: Provided further, That none of the funds made
    available in this Act nor any unobligated balances from prior
    appropriations may be made available to any organization or program
    which, as determined by the President of the United States, supports or
    participates in the management of a program of coercive abortion or
    involuntary sterilization: Provided further, That none of the funds
    made available under this Act may be used to pay for the performance of
    abortion as a method of family planning or to motivate or coerce any
    person to practice abortions: Provided further, That none of the funds
    made available under this Act may be used to lobby for or against
    abortion: Provided further, That in order to reduce reliance on
    abortion in developing nations, funds shall be available only to
    voluntary family planning projects which offer, either directly or
    through referral to, or information about access to, a broad range of
    family planning methods and services, and that any such voluntary
    family planning project shall meet the following requirements: (1)
    service providers or referral agents in the project shall not implement
    or be subject to quotas, or other numerical targets, of total number of
    births, number of family planning acceptors, or acceptors of a
    particular method of family planning (this provision shall not be
    construed to include the use of quantitative estimates or indicators
    for budgeting and planning purposes); (2) the project shall not include
    payment of incentives, bribes, gratuities, or financial reward to: (A)
    an individual in exchange for becoming a family planning acceptor; or
    (B) program personnel for achieving a numerical target or quota of
    total number of births, number of family planning acceptors, or
    acceptors of a particular method of family planning; (3) the project
    shall not deny any right or benefit, including the right of access to
    participate in any program of general welfare or the right of access to
    health care, as a consequence of any individual's decision not to
    accept family planning services; (4) the project shall provide family
    planning acceptors comprehensible information on the health benefits
    and risks of the method chosen, including those conditions that might
    render the use of the method inadvisable and those adverse side effects
    known to be consequent to the use of the method; and (5) the project
    shall ensure that experimental contraceptive drugs and devices and
    medical procedures are provided only in the context of a scientific
    study in which participants are advised of potential risks and
    benefits; and, not less than 60 days after the date on which the
    Administrator of the United States Agency for International Development
    determines that there has been a violation of the requirements
    contained in paragraph (1), (2), (3), or (5) of this proviso, or a
    pattern or practice of violations of the requirements contained in
    paragraph (4) of this proviso, the Administrator shall submit to the
    Committees on Appropriations a report containing a description of such
    violation and the corrective action taken by the Agency: Provided
    further, That in awarding grants for natural family planning under
    section 104 of the Foreign Assistance Act of 1961 no applicant shall be
    discriminated against because of such applicant's religious or
    conscientious commitment to offer only natural family planning; and,
    additionally, all such applicants shall comply with the requirements of
    the previous proviso: Provided further, That for purposes of this or
    any other Act authorizing or appropriating funds for foreign
    operations, export financing, and related programs, the term
    ``motivate'', as it relates to family planning assistance, shall not be
    construed to prohibit the provision, consistent with local law, of
    information or counseling about all pregnancy options: Provided
    further, That nothing in this paragraph shall be construed to alter any
    existing statutory prohibitions against abortion under section 104 of
    the Foreign Assistance Act of 1961: Provided further, That to the
    maximum extent feasible, taking into consideration cost, timely
    availability, and best health practices, funds appropriated in this Act
    or prior appropriations Acts that are made available for condom
    procurement shall be made available only for the procurement of condoms
    manufactured in the United States: Provided further, That information
    provided about the use of condoms as part of projects or activities
    that are funded from amounts appropriated by this Act shall be
    medically accurate and shall include the public health benefits and
    failure rates of such use.

                              development assistance

        For necessary expenses of the United States Agency for
    International Development to carry out the provisions of sections 103,
    105, 106, and 131, and chapter 10 of part I of the Foreign Assistance
    Act of 1961, $1,385,000,000, of which up to $150,000,000 may remain
    available until September 30, 2005: Provided, That none of the funds
    appropriated under title II of this Act that are managed by or
    allocated to the United States Agency for International Development's
    Global Development Secretariat, may be made available except through
    the regular notification procedures of the Committees on
    Appropriations: Provided further, That $190,000,000 should be allocated
    for trade capacity building: Provided further, That $235,000,000 should
    be allocated for basic education: Provided further, That of the funds
    appropriated under this heading and managed by the United States Agency
    for International Development Bureau of Democracy, Conflict, and
    Humanitarian Assistance, not less than $11,000,000 shall be made
    available only for programs to improve women's leadership capacity in
    recipient countries: Provided further, That such funds may not be made
    available for construction: Provided further, That of the funds
    appropriated under this heading that are made available for assistance
    programs for displaced and orphaned children and victims of war, not to
    exceed $32,500, in addition to funds otherwise available for such
    purposes, may be used to monitor and provide oversight of such
    programs: Provided further, That of the aggregate amount of the funds
    appropriated by this Act that are made available for agriculture and
    rural development programs, $25,000,000 should be made available for
    plant biotechnology research and development: Provided further, That
    not less than $2,300,000 should be made available for core support for
    the International Fertilizer Development Center: Provided further, That
    of the funds appropriated under this heading, not less than $19,000,000
    should be made available for the American Schools and Hospitals Abroad
    program: Provided further, That of the funds appropriated under this
    heading, not less than $10,000,000, in addition to other funds
    available under this heading for assistance for Mexico, should be made
    available for programs and activities in rural Mexico to promote
    microfinance, small business development, energy and environmental
    conservation, and private property ownership in rural communities, and
    to support small farmers who have been affected by adverse economic
    conditions: Provided further, That funds made available pursuant to the
    previous proviso shall be subject to the regular notification
    procedures of the Committees on Appropriations: Provided further, That
    of the funds appropriated by this Act, $100,000,000 shall be made
    available for drinking water supply projects and related activities.

                   international disaster and famine assistance

        For necessary expenses of the United States Agency for
    International Development to carry out the provisions of section 491 of
    the Foreign Assistance Act of 1961, as amended for international
    disaster relief, rehabilitation, and reconstruction assistance,
    $235,500,000, to remain available until expended.
        In addition, for necessary expenses for assistance for famine
    prevention and relief, including for mitigation of the effects of
    famine, $20,000,000, to remain available until expended: Provided, That
    such funds shall be made available utilizing the general authorities of
    section 491 of the Foreign Assistance Act of 1961, and shall be in
    addition to amounts otherwise available for such purposes: Provided
    further, That funds appropriated by this paragraph shall be available
    for obligation subject to prior consultation with the Committees on
    Appropriations.

                              transition initiatives

        For necessary expenses for international disaster rehabilitation
    and reconstruction assistance pursuant to section 491 of the Foreign
    Assistance Act of 1961, $55,000,000, to remain available until
    expended, to support transition to democracy and to long-term
    development of countries in crisis: Provided, That such support may
    include assistance to develop, strengthen, or preserve democratic
    institutions and processes, revitalize basic infrastructure, and foster
    the peaceful resolution of conflict: Provided further, That the United
    States Agency for International Development shall submit a report to
    the Committees on Appropriations at least 5 days prior to beginning a
    new program of assistance: Provided further, That if the President
    determines that is important to the national interests of the United
    States to provide transition assistance in excess of the amount
    appropriated under this heading, up to $15,000,000 of the funds
    appropriated by this Act to carry out the provisions of part I of the
    Foreign Assistance Act of 1961 may be used for purposes of this heading
    and under the authorities applicable to funds appropriated under this
    heading:  Provided further, That funds made available pursuant to the
    previous proviso shall be made available subject to prior consultation
    with the Committees on Appropriations.

                           development credit authority

                          (including transfer of funds)

        For the cost of direct loans and loan guarantees provided by the
    United States Agency for International Development, as authorized by
    sections 108 and 635 of the Foreign Assistance Act of 1961, funds may
    be derived by transfer from funds appropriated by this Act to carry out
    part I of such Act and under the heading ``Assistance for Eastern
    Europe and the Baltic States'': Provided, That such funds shall not
    exceed $21,000,000, which shall be made available only for micro and
    small enterprise programs, urban programs, and other programs which
    further the purposes of part I of the Act: Provided further, That such
    costs, including the cost of modifying such direct and guaranteed
    loans, shall be as defined in section 502 of the Congressional Budget
    Act of 1974, as amended: Provided further,  That funds made available
    by this paragraph may be used for the cost of modifying any such
    guaranteed loans under this Act or prior Acts, and funds used for such
    costs shall be subject to the regular notification procedures of the
    Committees on Appropriations.
        In addition, for administrative expenses to carry out credit
    programs administered by the United States Agency for International
    Development, $8,000,000, which may be transferred to and merged with
    the appropriation for Operating Expenses of the United States Agency
    for International Development: Provided, That funds made available
    under this heading shall remain available until September 30, 2007.

          payment to the foreign service retirement and disability fund

        For payment to the ``Foreign Service Retirement and Disability
    Fund'', as authorized by the Foreign Service Act of 1980, $43,859,000.

        operating expenses of the united states agency for international
                                  development

                          (including transfer of funds)

        For necessary expenses to carry out the provisions of section 667
    of the Foreign Assistance Act of 1961, $604,100,000, of which up to
    $25,000,000 may remain available until September 30, 2005: Provided,
    That none of the funds appropriated under this heading and under the
    heading ``Capital Investment Fund'' may be made available to finance
    the construction (including architect and engineering services),
    purchase, or long term lease of offices for use by the United States
    Agency for International Development, unless the Administrator has
    identified such proposed construction (including architect and
    engineering services), purchase, or long term lease of offices in a
    report submitted to the Committees on Appropriations at least 15 days
    prior to the obligation of these funds for such purposes: Provided
    further, That the previous proviso shall not apply where the total cost
    of construction (including architect and engineering services),
    purchase, or long term lease of offices does not exceed $1,000,000:
    Provided further, That contracts or agreements entered into with funds
    appropriated under this heading may entail commitments for the
    expenditure of such funds through fiscal year 2005: Provided further,
    That in addition not to exceed $15,000,000 shall be derived by transfer
    from the ``Iraq Relief and Reconstruction Fund'' (Public Law 108-11) to
    support the United States Agency for International Development mission
    in Iraq: Provided further, That none of the funds in this Act may be
    used to open a new overseas mission of the United States Agency for
    International Development without the prior written notification of the
    Committees on Appropriations: Provided further, That the authority of
    sections 610 and 109 of the Foreign Assistance Act of 1961 may be
    exercised by the Secretary of State to transfer funds appropriated to
    carry out chapter 1 of part I of such Act to ``Operating Expenses of
    the United States Agency for International Development'' in accordance
    with the provisions of those sections: Provided further, That during
    fiscal year 2004, the number of full-time equivalent positions for
    United States foreign service employees of the United States Agency for
    International Development for countries in the Latin America and
    Caribbean region shall not be reduced below the number for such
    employees for countries in that region as of September 30, 2003, except
    as provided through the regular notification procedures of the
    Committees on Appropriations.

                             Capital investment fund

        For necessary expenses for overseas construction and related costs,
    and for the procurement and enhancement of information technology and
    related capital investments, pursuant to section 667 of the Foreign
    Assistance Act of 1961, $82,200,000, to remain available until
    expended: Provided, That this amount is in addition to funds otherwise
    available for such purposes: Provided further, That the Administrator
    of the United States Agency for International Development shall assess
    fair and reasonable rental payments for the use of space by employees
    of other United States Government agencies in buildings constructed
    using funds appropriated under this heading, and such rental payments
    shall be deposited into this account as an offsetting collection:
    Provided further, That the rental payments collected pursuant to the
    previous proviso and deposited as an offsetting collection shall be
    available for obligation only pursuant to the regular notification
    procedures of the Committees on Appropriations: Provided further, That
    the assignment of United States Government employees or contractors to
    space in buildings constructed using funds appropriated under this
    heading shall be subject to the concurrence of the Administrator of the
    United States Agency for International Development: Provided further,
    That funds appropriated under this heading shall be available for
    obligation only pursuant to the regular notification procedures of the
    Committees on Appropriations.

        operating expenses of the united states agency for international
                    development office of inspector general

        For necessary expenses to carry out the provisions of section 667
    of the Foreign Assistance Act of 1961, $35,000,000, to remain available
    until September 30, 2005, which sum shall be available for the Office
    of the Inspector General of the United States Agency for International
    Development.

                      Other Bilateral Economic Assistance

                              economic support fund

                          (including transfer of funds)

        For necessary expenses to carry out the provisions of chapter 4 of
    part II, $2,132,500,000, to remain available until September 30, 2005:
    Provided, That of the funds appropriated under this heading, not less
    than $480,000,000 shall be available only for Israel, which sum shall
    be available on a grant basis as a cash transfer and shall be disbursed
    within 30 days of the enactment of this Act: Provided further, That not
    less than $575,000,000 shall be available only for Egypt, which sum
    shall be provided on a grant basis, and of which sum cash transfer
    assistance shall be provided with the understanding that Egypt will
    undertake significant economic reforms which are additional to those
    which were undertaken in previous fiscal years, and of which not less
    than $200,000,000 shall be provided as Commodity Import Program
    assistance: Provided further, That in exercising the authority to
    provide cash transfer assistance for Israel, the President shall ensure
    that the level of such assistance does not cause an adverse impact on
    the total level of nonmilitary exports from the United States to such
    country and that Israel enters into a side letter agreement in an
    amount proportional to the fiscal year 1999 agreement: Provided
    further, That of the funds appropriated under this heading, not less
    than $250,000,000 should be made available only for assistance for
    Jordan: Provided further, That of the funds appropriated under this
    heading, up to $1,000,000 should be used to further legal reforms in
    the West Bank and Gaza, including judicial training on commercial
    disputes and ethics: Provided further, That funds appropriated under
    this heading shall be made available for administrative costs of the
    United States Agency for International Development to implement
    regional programs in Asia and the Near East, including the Middle East
    Partnership Initiative, in addition to amounts otherwise available for
    such purposes: Provided further, That $13,500,000 of the funds
    appropriated under this heading shall be made available for Cyprus to
    be used only for scholarships, administrative support of the
    scholarship program, bicommunal projects, and measures aimed at
    reunification of the island and designed to reduce tensions and promote
    peace and cooperation between the two communities on Cyprus: Provided
    further, That $35,000,000 of the funds appropriated under this heading
    shall be made available for assistance for Lebanon, of which not less
    than $4,000,000 should be made available for American educational
    institutions for scholarships and other programs: Provided further,
    That notwithstanding section 534(a) of this Act, funds appropriated
    under this heading that are made available for assistance for the
    Central Government of Lebanon shall be subject to the regular
    notification procedures of the Committees on Appropriations: Provided
    further, That of the funds appropriated under this heading, not less
    than $22,500,000 shall be made available for assistance for the
    Democratic Republic of Timor-Leste, of which up to $1,000,000 may be
    available for administrative expenses of the United States Agency for
    International Development: Provided further, That of the funds
    appropriated under this heading, not less than $1,500,000 should be
    made available for technical assistance for countries to implement and
    enforce the Kimberley Process Certification Scheme: Provided further,
    That funds appropriated under this heading should be made available to
    support the development of justice and reconciliation mechanisms in the
    Democratic Republic of the Congo, Rwanda, Burundi, and Uganda,
    including programs to improve local capacity to prevent and respond to
    gender-based violence: Provided further, That funds appropriated under
    this heading may be used, notwithstanding any other provision of law,
    to provide assistance to the National Democratic Alliance of Sudan to
    strengthen its ability to protect civilians from attacks, slave raids,
    and aerial bombardment by the Sudanese Government forces and its
    militia allies, and the provision of such funds shall be subject to the
    regular notification procedures of the Committees on Appropriations:
    Provided further, That in the previous proviso, the term ``assistance''
    includes non-lethal, non-food aid such as blankets, medicine, fuel,
    mobile clinics, water drilling equipment, communications equipment to
    notify civilians of aerial bombardment, non-military vehicles, tents,
    and shoes: Provided further, That of the funds appropriated under this
    heading, not less than $1,750,000 should be made available for East
    Asia and Pacific Environment Initiatives: Provided further, That of the
    funds appropriated under this heading, $5,000,000 shall be made
    available to continue to support the provision of wheelchairs for needy
    persons in developing countries: Provided further, That funds
    appropriated under this heading that are made available for a Middle
    East Financing Facility, Middle East Enterprise Fund, or any other
    similar entity in the Middle East shall be subject to the regular
    notification procedures of the Committees on Appropriations: Provided
    further, That with respect to funds appropriated under this heading in
    this Act or prior Acts making appropriations for foreign operations,
    export financing, and related programs, the responsibility for policy
    decisions and justifications for the use of such funds, including
    whether there will be a program for a country that uses those funds and
    the amount of each such program, shall be the responsibility of the
    Secretary of State and the Deputy Secretary of State and this
    responsibility shall not be delegated: Provided further, That of the
    funds appropriated in Public Law 108-106 under the heading ``Iraq
    Relief and Reconstruction Fund'', up to $100,000,000 may be transferred
    to and consolidated with funds appropriated by this Act under this
    heading and made available for Turkey, and up to $30,000,000 may be
    transferred to and consolidated with funds appropriated by this Act
    under this heading and made available for the Middle East Partnership
    Initiative: Provided further, That funds appropriated under this
    heading shall be made available for programs and countries in the
    amounts contained in the table accompanying the joint explanatory
    statement of the managers accompanying this Act: Provided further, That
    any proposed increases or decreases to the amounts contained in such
    table shall be subject to the regular notification procedures of the
    Committees on Appropriations and section 634A of the Foreign Assistance
    Act of 1961 and notifications shall be transmitted at least 15 days in
    advance of the obligation of funds.

                          international fund for ireland

        For necessary expenses to carry out the provisions of chapter 4 of
    part II of the Foreign Assistance Act of 1961, $18,500,000, which shall
    be available for the United States contribution to the International
    Fund for Ireland and shall be made available in accordance with the
    provisions of the Anglo-Irish Agreement Support Act of 1986 (Public Law
    99-415): Provided, That such amount shall be expended at the minimum
    rate necessary to make timely payment for projects and activities:
    Provided further, That funds made available under this heading shall
    remain available until September 30, 2005.

                            global hiv/aids initiative

        For necessary expenses to carry out the provisions of the Foreign
    Assistance Act of 1961 for the prevention, treatment, and control of,
    and research on, HIV/AIDS, $491,000,000, to remain available until
    expended: Provided, That of the funds appropriated under this heading,
    $15,000,000 may be apportioned directly to the Peace Corps to remain
    available until expended for necessary expenses to carry out activities
    to combat HIV/AIDS, tuberculosis and malaria: Provided further, That of
    the funds appropriated under this heading, not more than $8,000,000 may
    be made available for administrative expenses of the office of the
    ``Coordinator of United States Government Activities to Combat HIV/AIDS
    Globally'' of the Department of State: Provided further, That in
    carrying out the duties specified in section 1(f)(2)(B)(ii)(VII) of the
    State Department Basic Authorities Act of 1956, the Coordinator shall
    ensure that assistance is provided for activities in not fewer than 15
    countries, at least one of which shall not be in Africa or the
    Caribbean region: Provided further, That of the funds appropriated
    under this heading, up to $75,000,000 should be made available for the
    safe and appropriate use of injections and other forms of infection
    control and prevention, and for blood safety programs.

               assistance for eastern europe and the baltic states

        (a) For necessary expenses to carry out the provisions of the
    Foreign Assistance Act of 1961 and the Support for East European
    Democracy (SEED) Act of 1989, $445,000,000, to remain available until
    September 30, 2005, which shall be available, notwithstanding any other
    provision of law, for assistance and for related programs for Eastern
    Europe and the Baltic States: Provided, That of the funds appropriated
    under this heading that are made available for assistance for Bulgaria,
    $2,000,000 should be made available to enhance safety at nuclear power
    plants: Provided further, That of the funds appropriated under this
    heading, and under the headings ``Assistance for the Independent States
    of the Former Soviet Union'', ``Foreign Military Financing Program'',
    and ``Economic Support Fund'', not less than $53,500,000 shall be made
    available for programs for the prevention, treatment, and control of,
    and research on, HIV/AIDS, tuberculosis, and malaria: Provided further,
    That of the funds appropriated under this heading that are made
    available for Montenegro, not less than $12,000,000 shall be made
    available for economic development and environmental programs in the
    coastal region: Provided further, That of the funds appropriated under
    this heading, up to $1,000,000 should be made available for a program
    to promote greater understanding and interaction among youth in
    Albania, Kosovo, Montenegro and Macedonia: Provided further, That funds
    appropriated under this heading shall be made available for programs
    and countries in the amounts contained in the table accompanying the
    joint explanatory statement of the managers accompanying this Act:
    Provided further, That any proposed increases or decreases to the
    amounts contained in such table shall be subject to the regular
    notification procedures of the Committees on Appropriations and section
    634A of the Foreign Assistance Act of 1961 and notifications shall be
    transmitted at least 15 days in advance of the obligation of funds.
        (b) Funds appropriated under this heading shall be considered to be
    economic assistance under the Foreign Assistance Act of 1961 for
    purposes of making available the administrative authorities contained
    in that Act for the use of economic assistance.
        (c) With regard to funds appropriated under this heading for the
    economic revitalization program in Bosnia and Herzegovina, and local
    currencies generated by such funds (including the conversion of funds
    appropriated under this heading into currency used by Bosnia and
    Herzegovina as local currency and local currency returned or repaid
    under such program) the Administrator of the United States Agency for
    International Development shall provide written approval for grants and
    loans prior to the obligation and expenditure of funds for such
    purposes, and prior to the use of funds that have been returned or
    repaid to any lending facility or grantee.
        (d) The provisions of section 529 of this Act shall apply to funds
    made available under subsection (c) and to funds appropriated under
    this heading: Provided, That notwithstanding any provision of this or
    any other Act, including provisions in this subsection regarding the
    application of section 529 of this Act, local currencies generated by,
    or converted from, funds appropriated by this Act and by previous
    appropriations Acts and made available for the economic revitalization
    program in Bosnia may be used in Eastern Europe and the Baltic States
    to carry out the provisions of the Foreign Assistance Act of 1961 and
    the Support for East European Democracy (SEED) Act of 1989.
        (e) The President is authorized to withhold funds appropriated
    under this heading made available for economic revitalization programs
    in Bosnia and Herzegovina, if he determines and certifies to the
    Committees on Appropriations that the Federation of Bosnia and
    Herzegovina has not complied with article III of annex 1-A of the
    General Framework Agreement for Peace in Bosnia and Herzegovina
    concerning the withdrawal of foreign forces, and that intelligence
    cooperation on training, investigations, and related activities between
    state sponsors of terrorism and terrorist organizations and Bosnian
    officials has not been terminated.

         assistance for the independent states of the former soviet union

        (a) For necessary expenses to carry out the provisions of chapters
    11 and 12 of part I of the Foreign Assistance Act of 1961 and the
    FREEDOM Support Act, for assistance for the Independent States of the
    former Soviet Union and for related programs, $587,000,000, to remain
    available until September 30, 2005: Provided, That the provisions of
    such chapters shall apply to funds appropriated by this paragraph:
    Provided further, That of the funds made available for the Southern
    Caucasus region, notwithstanding any other provision of law, funds may
    be used for confidence-building measures and other activities in
    furtherance of the peaceful resolution of the regional conflicts,
    especially those in the vicinity of Abkhazia and Nagorno-Karabagh:
    Provided further, That of the funds appropriated under this heading,
    $1,500,000 should be available only to meet the health and other
    assistance needs of victims of trafficking in persons: Provided
    further, That of the funds appropriated under this heading, $17,500,000
    shall be made available solely for assistance for the Russian Far East,
    of which not less than $3,000,000 shall be made available for programs
    and activities authorized under section 307 of the FREEDOM Support Act
    (Public Law 102-511): Provided further, That $4,000,000 shall be made
    available to promote freedom of the media and an independent media in
    Russia: Provided further, That of the funds appropriated under this
    heading, up to $500,000 should be made available to support democracy
    building programs in Russia through the Sakharov Archives: Provided
    further, That, notwithstanding any other provision of law, funds
    appropriated under this heading in this Act or prior Acts making
    appropriations for foreign operations, export financing, and related
    programs, that are made available pursuant to the provisions of section
    807 of Public Law 102-511 shall be subject to a 6 percent ceiling on
    administrative expenses.
        (b) Of the funds appropriated under this heading that are made
    available for assistance for Ukraine, not less than $19,000,000 should
    be made available for nuclear reactor safety initiatives, and not less
    than $1,500,000 shall be made available for coal mine safety programs.
        (c) Of the funds appropriated under this heading, not less than
    $94,000,000 shall be made available for assistance for Russia.
        (d) Of the funds appropriated under this heading, not less than
    $75,000,000 shall be made available for assistance for Armenia.
        (e) Of the funds appropriated under this heading, not less than
    $57,000,000 should be made available, in addition to funds otherwise
    available for such purposes, for assistance for child survival,
    environmental and reproductive health, and to combat HIV/AIDS,
    tuberculosis and other infectious diseases, and for related activities.
        (f)(1) Of the funds appropriated under this heading that are
    allocated for assistance for the Government of the Russian Federation,
    60 percent shall be withheld from obligation until the President
    determines and certifies in writing to the Committees on Appropriations
    that the Government of the Russian Federation--
            (A) has terminated implementation of arrangements to provide
        Iran with technical expertise, training, technology, or equipment
        necessary to develop a nuclear reactor, related nuclear research
        facilities or programs, or ballistic missile capability; and
            (B) is providing full access to international non-government
        organizations providing humanitarian relief to refugees and
        internally displaced persons in Chechnya.
        (2) Paragraph (1) shall not apply to--
            (A) assistance to combat infectious diseases, child survival
        activities, or assistance for victims of trafficking in persons;
        and
            (B) activities authorized under title V (Nonproliferation and
        Disarmament Programs and Activities) of the FREEDOM Support Act.
        (g) Section 907 of the FREEDOM Support Act shall not apply to--
            (1) activities to support democracy or assistance under title V
        of the FREEDOM Support Act and section 1424 of Public Law 104-201
        or non-proliferation assistance;
            (2) any assistance provided by the Trade and Development Agency
        under section 661 of the Foreign Assistance Act of 1961 (22 U.S.C.
        2421);
            (3) any activity carried out by a member of the United States
        and Foreign Commercial Service while acting within his or her
        official capacity;
            (4) any insurance, reinsurance, guarantee or other assistance
        provided by the Overseas Private Investment Corporation under title
        IV of chapter 2 of part I of the Foreign Assistance Act of 1961 (22
        U.S.C. 2191 et seq.);
            (5) any financing provided under the Export-Import Bank Act of
        1945; or
            (6) humanitarian assistance.

                              Independent Agencies

                            INTER-AMERICAN FOUNDATION

        For necessary expenses to carry out the functions of the Inter-
    American Foundation in accordance with the provisions of section 401 of
    the Foreign Assistance Act of 1969, $16,334,000, to remain available
    until September 30, 2005.

                          AFRICAN DEVELOPMENT FOUNDATION

        For necessary expenses to carry out title V of the International
    Security and Development Cooperation Act of 1980, Public Law 96-533,
    $18,689,000, to remain available until September 30, 2005: Provided,
    That funds made available to grantees may be invested pending
    expenditure for project purposes when authorized by the board of
    directors of the Foundation: Provided further, That interest earned
    shall be used only for the purposes for which the grant was made:
    Provided further, That notwithstanding section 505(a)(2) of the African
    Development Foundation Act, in exceptional circumstances the board of
    directors of the Foundation may waive the $250,000 limitation contained
    in that section with respect to a project: Provided further, That the
    Foundation shall provide a report to the Committees on Appropriations
    after each time such waiver authority is exercised.

                                   peace corps

        For necessary expenses to carry out the provisions of the Peace
    Corps Act (75 Stat. 612), $310,000,000, including the purchase of not
    to exceed five passenger motor vehicles for administrative purposes for
    use outside of the United States: Provided, That none of the funds
    appropriated under this heading shall be used to pay for abortions:
    Provided further, That funds appropriated under this heading shall
    remain available until September 30, 2005: Provided further, That
    during fiscal year 2004 and any subsequent fiscal year, the Director of
    the Peace Corps may make appointments or assignments, or extend current
    appointments or assignments, to permit United States citizens to serve
    for periods in excess of 5 years in the case of individuals whose
    appointment or assignment, such as regional safety security officers
    and employees within the Office of the Inspector General, involves the
    safety of Peace Corps volunteers: Provided further, That the Director
    of the Peace Corps may make such appointments or assignments
    notwithstanding the provisions of section 7 of the Peace Corps Act
    limiting the length of an appointment or assignment, the circumstances
    under which such an appointment or assignment may exceed 5 years, and
    the percentage of appointments or assignments that can be made in
    excess of 5 years.

                         millennium challenge corporation

        For necessary expenses for the ``Millennium Challenge Account'',
    $650,000,000, to remain available until expended: Provided, That of the
    funds appropriated under this heading, not more than $50,000,000 may be
    available for administrative expenses.

                              Department of State

               international narcotics control and law enforcement

        For necessary expenses to carry out section 481 of the Foreign
    Assistance Act of 1961, $241,700,000, to remain available until
    September 30, 2006: Provided, That during fiscal year 2004, the
    Department of State may also use the authority of section 608 of the
    Foreign Assistance Act of 1961, without regard to its restrictions, to
    receive excess property from an agency of the United States Government
    for the purpose of providing it to a foreign country under chapter 8 of
    part I of that Act subject to the regular notification procedures of
    the Committees on Appropriations: Provided further, That of the funds
    appropriated under this heading, $12,000,000 should be made available
    for anti-trafficking in persons programs, including trafficking
    prevention, protection and assistance for victims, and prosecution of
    traffickers: Provided further, That the Secretary of State shall
    provide to the Committees on Appropriations not later than 45 days
    after the date of the enactment of this Act and prior to the initial
    obligation of funds appropriated under this heading, a report on the
    proposed uses of all funds under this heading on a country-by-country
    basis for each proposed program, project, or activity: Provided
    further, That of the funds appropriated under this heading, $7,105,000
    should be made available for the International Law Enforcement Academy
    in Roswell, New Mexico, of which $2,105,000 should be made available
    for construction and completion of a new facility: Provided further,
    That of the funds appropriated under this heading, not more than
    $26,117,000 may be available for administrative expenses.

                          andean counterdrug initiative

        For necessary expenses to carry out section 481 of the Foreign
    Assistance Act of 1961 to support counterdrug activities in the Andean
    region of South America, $731,000,000, to remain available until
    September 30, 2006: Provided, That in fiscal year 2004, funds available
    to the Department of State for assistance to the Government of Colombia
    shall be available to support a unified campaign against narcotics
    trafficking, against activities by organizations designated as
    terrorist organizations such as the Revolutionary Armed Forces of
    Colombia (FARC), the National Liberation Army (ELN), and the United
    Self-Defense Forces of Colombia (AUC), and to take actions to protect
    human health and welfare in emergency circumstances, including
    undertaking rescue operations: Provided further, That this authority
    shall cease to be effective if the Secretary of State has credible
    evidence that the Colombian Armed Forces are not conducting vigorous
    operations to restore government authority and respect for human rights
    in areas under the effective control of paramilitary and guerrilla
    organizations: Provided further, That the President shall ensure that
    if any helicopter procured with funds under this heading is used to aid
    or abet the operations of any illegal self-defense group or illegal
    security cooperative, such helicopter shall be immediately returned to
    the United States: Provided further, That none of the funds
    appropriated by this Act may be made available to support a Peruvian
    air interdiction program until the Secretary of State and Director of
    Central Intelligence certify to the Congress, 30 days before any
    resumption of United States involvement in a Peruvian air interdiction
    program, that an air interdiction program that permits the ability of
    the Peruvian Air Force to shoot down aircraft will include enhanced
    safeguards and procedures to prevent the occurrence of any incident
    similar to the April 20, 2001 incident: Provided further, That the
    Secretary of State, in consultation with the Administrator of the
    United States Agency for International Development, shall provide to
    the Committees on Appropriations not later than 45 days after the date
    of the enactment of this Act and prior to the initial obligation of
    funds appropriated under this heading, a report on the proposed uses of
    all funds under this heading on a country-by-country basis for each
    proposed program, project, or activity: Provided further, That of the
    funds appropriated under this heading, not less than $257,000,000 shall
    be made available for alternative development/institution building, of
    which $229,200,000 shall be apportioned directly to the United States
    Agency for International Development: Provided further, That of the
    funds appropriated under this heading, not less than $25,000,000 should
    be made available for justice and rule of law programs in Colombia:
    Provided further, That of the funds appropriated under this heading, in
    addition to funds made available pursuant to the previous proviso, not
    less than $13,000,000 should be made available for organizations and
    programs to protect human rights: Provided further, That not more than
    20 percent of the funds appropriated by this Act that are used for the
    procurement of chemicals for aerial coca and poppy fumigation programs
    may be made available for such programs unless the Secretary of State,
    after consultation with the Administrator of the Environmental
    Protection Agency (EPA), certifies to the Committees on Appropriations
    that: (1) the herbicide mixture is being used in accordance with EPA
    label requirements for comparable use in the United States and any
    additional controls recommended by the EPA for this program, and with
    the Colombian Environmental Management Plan for aerial fumigation; and
    (2) the herbicide mixture, in the manner it is being used, does not
    pose unreasonable risks or adverse effects to humans or the
    environment: Provided further, That such funds may not be made
    available unless the Secretary of State certifies to the Committees on
    Appropriations that complaints of harm to health or licit crops caused
    by such fumigation are evaluated and fair compensation is being paid
    for meritorious claims: Provided further,  That such funds may not be
    made available for such purposes unless programs are being implemented
    by the United States Agency for International Development, the
    Government of Colombia, or other organizations, in consultation with
    local communities, to provide alternative sources of income in areas
    where security permits for small-acreage growers whose illicit crops
    are targeted for fumigation: Provided further, That of the funds
    appropriated under this heading, not less than $2,500,000 should be
    made available for continued training, equipment, and other assistance
    for the Colombian National Park Service: Provided further, That funds
    appropriated by this Act may be used for aerial fumigation in
    Colombia's national parks or reserves if the Secretary of State
    determines that it is in accordance with Colombian laws and that there
    are no effective alternatives to reduce drug cultivation in these
    areas: Provided further, That section 482(b) of the Foreign Assistance
    Act of 1961 shall not apply to funds appropriated under this heading:
    Provided further, That assistance provided with funds appropriated
    under this heading that is made available notwithstanding section
    482(b) of the Foreign Assistance Act of 1961, as amended, shall be made
    available subject to the regular notification procedures of the
    Committees on Appropriations: Provided further, That the provisions of
    section 3204(b) through (d) of Public Law 106-246, as amended by Public
    Law 107-115, shall be applicable to funds appropriated for fiscal year
    2004: Provided further, That no United States Armed Forces personnel or
    United States civilian contractor employed by the United States will
    participate in any combat operation in connection with assistance made
    available by this Act for Colombia: Provided further, That funds
    appropriated under this heading that are available for assistance for
    the Bolivian military and police should be made available for such
    purposes subject to a determination by the Secretary of State, and a
    report to the Committees on Appropriations, that the Bolivian military
    and police are respecting human rights and cooperating with
    investigations and prosecutions of alleged violations of human rights:
    Provided further, That of the funds appropriated under this heading,
    not more than $16,285,000 may be available for administrative expenses
    of the Department of State, and not more than $4,500,000 may be
    available, in addition to amounts otherwise available for such
    purposes, for administrative expenses of the United States Agency for
    International Development.

                         migration and refugee assistance

        For expenses, not otherwise provided for, necessary to enable the
    Secretary of State to provide, as authorized by law, a contribution to
    the International Committee of the Red Cross, assistance to refugees,
    including contributions to the International Organization for Migration
    and the United Nations High Commissioner for Refugees, and other
    activities to meet refugee and migration needs; salaries and expenses
    of personnel and dependents as authorized by the Foreign Service Act of
    1980; allowances as authorized by sections 5921 through 5925 of title
    5, United States Code; purchase and hire of passenger motor vehicles;
    and services as authorized by section 3109 of title 5, United States
    Code, $760,197,000, which shall remain available until expended:
    Provided, That not more than $21,000,000 may be available for
    administrative expenses: Provided further, That not less than
    $50,000,000 of the funds made available under this heading shall be
    made available for refugees from the former Soviet Union and Eastern
    Europe and other refugees resettling in Israel: Provided further, That
    funds appropriated under this heading may be made available for a
    headquarters contribution to the International Committee of the Red
    Cross only if the Secretary of State determines (and so reports to the
    appropriate committees of Congress) that the Magen David Adom Society
    of Israel is not being denied participation in the activities of the
    International Red Cross and Red Crescent Movement.

          united states emergency refugee and migration assistance fund

        For necessary expenses to carry out the provisions of section 2(c)
    of the Migration and Refugee Assistance Act of 1962, as amended (22
    U.S.C. 2601(c)), $30,000,000, to remain available until expended:
    Provided, That funds made available under this heading are appropriated
    notwithstanding the provisions contained in section 2(c)(2) of such Act
    which would limit the amount of funds which could be appropriated for
    this purpose.

         nonproliferation, anti-terrorism, demining and related programs

        For necessary expenses for nonproliferation, anti-terrorism,
    demining and related programs and activities, $353,500,000, to carry
    out the provisions of chapter 8 of part II of the Foreign Assistance
    Act of 1961 for anti-terrorism assistance, chapter 9 of part II of the
    Foreign Assistance Act of 1961, section 504 of the FREEDOM Support Act,
    section 23 of the Arms Export Control Act or the Foreign Assistance Act
    of 1961 for demining activities, the clearance of unexploded ordnance,
    the destruction of small arms, and related activities, notwithstanding
    any other provision of law, including activities implemented through
    nongovernmental and international organizations, and section 301 of the
    Foreign Assistance Act of 1961 for a voluntary contribution to the
    International Atomic Energy Agency (IAEA), and for a United States
    contribution to the Comprehensive Nuclear Test Ban Treaty Preparatory
    Commission: Provided, That of this amount not to exceed $30,000,000, to
    remain available until expended, may be made available for the
    Nonproliferation and Disarmament Fund, notwithstanding any other
    provision of law, to promote bilateral and multilateral activities
    relating to nonproliferation and disarmament: Provided further, That
    such funds may also be used for such countries other than the
    Independent States of the former Soviet Union and international
    organizations when it is in the national security interest of the
    United States to do so: Provided further, That funds appropriated under
    this heading may be made available for the International Atomic Energy
    Agency only if the Secretary of State determines (and so reports to the
    Congress) that Israel is not being denied its right to participate in
    the activities of that Agency: Provided further, That funds available
    during fiscal year 2004 for a contribution to the Comprehensive Nuclear
    Test Ban Treaty Preparatory Commission and that are not necessary to
    make the United States contribution to the Commission in the amount
    assessed for fiscal year 2004 shall be made available for a voluntary
    contribution to the International Atomic Energy Agency and shall remain
    available until September 30, 2005: Provided further, That of the funds
    made available for demining and related activities, not to exceed
    $690,000, in addition to funds otherwise available for such purposes,
    may be used for administrative expenses related to the operation and
    management of the demining program: Provided further, That the
    Secretary of State is authorized to provide, from funds appropriated
    under this heading in this and subsequent Acts making appropriations
    for foreign operations, export financing and related programs, not to
    exceed $250,000 for public-private partnerships for mine action by
    grant, cooperative agreement, or contract: Provided further, That funds
    appropriated under this heading shall be made available for programs
    and countries in the amounts contained in the table accompanying the
    joint explanatory statement of the managers accompanying this Act:
    Provided further, That any proposed increases or decreases to the
    amounts contained in such table shall be subject to the regular
    notification procedures of the Committees on Appropriations and section
    634A of the Foreign Assistance Act of 1961 and notifications shall be
    transmitted at least 15 days in advance of the obligation of funds.

                           Department of the Treasury

                    International Affairs Technical Assistance

        For necessary expenses to carry out the provisions of section 129
    of the Foreign Assistance Act of 1961, $19,000,000, to remain available
    until September 30, 2006, which shall be available notwithstanding any
    other provision of law.

                                DEBT RESTRUCTURING

        For the cost, as defined in section 502 of the Congressional Budget
    Act of 1974, of modifying loans and loan guarantees, as the President
    may determine, for which funds have been appropriated or otherwise made
    available for programs within the International Affairs Budget Function
    150, including the cost of selling, reducing, or canceling amounts owed
    to the United States as a result of concessional loans made to eligible
    countries, pursuant to parts IV and V of the Foreign Assistance Act of
    1961, and of modifying concessional credit agreements with least
    developed countries, as authorized under section 411 of the
    Agricultural Trade Development and Assistance Act of 1954, as amended,
    and concessional loans, guarantees and credit agreements, as authorized
    under section 572 of the Foreign Operations, Export Financing, and
    Related Programs Appropriations Act, 1989 (Public Law 100-461), and of
    canceling amounts owed, as a result of loans or guarantees made
    pursuant to the Export-Import Bank Act of 1945, by countries that are
    eligible for debt reduction pursuant to title V of H.R. 3425 as enacted
    into law by section 1000(a)(5) of Public Law 106-113, $95,000,000, to
    remain available until September 30, 2006: Provided, That not less than
    $20,000,000 of the funds appropriated under this heading shall be made
    available to carry out the provisions of part V of the Foreign
    Assistance Act of 1961: Provided further, That $75,000,000 of the funds
    appropriated under this heading may be used by the Secretary of the
    Treasury to pay to the Heavily Indebted Poor Countries (HIPC) Trust
    Fund administered by the International Bank for Reconstruction and
    Development amounts for the benefit of countries that are eligible for
    debt reduction pursuant to title V of H.R. 3425 as enacted into law by
    section 1000(a)(5) of Public Law 106-113: Provided further, That
    amounts paid to the HIPC Trust Fund may be used only to fund debt
    reduction under the enhanced HIPC initiative by--
            (1) the Inter-American Development Bank;
            (2) the African Development Fund;
            (3) the African Development Bank; and
            (4) the Central American Bank for Economic Integration:
    Provided further, That funds may not be paid to the HIPC Trust Fund for
    the benefit of any country if the Secretary of State has credible
    evidence that the government of such country is engaged in a consistent
    pattern of gross violations of internationally recognized human rights
    or in military or civil conflict that undermines its ability to develop
    and implement measures to alleviate poverty and to devote adequate
    human and financial resources to that end: Provided further, That on
    the basis of final appropriations, the Secretary of the Treasury shall
    consult with the Committees on Appropriations concerning which
    countries and international financial institutions are expected to
    benefit from a United States contribution to the HIPC Trust Fund during
    the fiscal year: Provided further, That the Secretary of the Treasury
    shall inform the Committees on Appropriations not less than 15 days in
    advance of the signature of an agreement by the United States to make
    payments to the HIPC Trust Fund of amounts for such countries and
    institutions: Provided further, That the Secretary of the Treasury may
    disburse funds designated for debt reduction through the HIPC Trust
    Fund only for the benefit of countries that--
            (1) have committed, for a period of 24 months, not to accept
        new market-rate loans from the international financial institution
        receiving debt repayment as a result of such disbursement, other
        than loans made by such institutions to export-oriented commercial
        projects that generate foreign exchange which are generally
        referred to as ``enclave'' loans; and
            (2) have documented and demonstrated their commitment to
        redirect their budgetary resources from international debt
        repayments to programs to alleviate poverty and promote economic
        growth that are additional to or expand upon those previously
        available for such purposes:
    Provided further, That any limitation of subsection (e) of section 411
    of the Agricultural Trade Development and Assistance Act of 1954 shall
    not apply to funds appropriated under this heading: Provided further,
    That none of the funds made available under this heading in this or any
    other appropriations Act shall be made available for Sudan or Burma
    unless the Secretary of the Treasury determines and notifies the
    Committees on Appropriations that a democratically elected government
    has taken office.

                         TITLE III--MILITARY ASSISTANCE

                      Funds Appropriated to the President

                  international military education and training

        For necessary expenses to carry out the provisions of section 541
    of the Foreign Assistance Act of 1961, $91,700,000, of which up to
    $3,000,000 may remain available until expended: Provided, That the
    civilian personnel for whom military education and training may be
    provided under this heading may include civilians who are not members
    of a government whose participation would contribute to improved civil-
    military relations, civilian control of the military, or respect for
    human rights: Provided further, That funds appropriated under this
    heading for military education and training for Guatemala may only be
    available for expanded international military education and training,
    and funds made available for Algeria, Cambodia, Nigeria and Guatemala
    may only be provided through the regular notification procedures of the
    Committees on Appropriations.

                        foreign military financing program

                          (including transfer of funds)

        For expenses necessary for grants to enable the President to carry
    out the provisions of section 23 of the Arms Export Control Act,
    $4,294,000,000: Provided, That of the funds appropriated under this
    heading, not less than $2,160,000,000 shall be available for grants
    only for Israel, and not less than $1,300,000,000 shall be made
    available for grants only for Egypt: Provided further, That the funds
    appropriated by this paragraph for Israel shall be disbursed within 30
    days of the enactment of this Act: Provided further, That to the extent
    that the Government of Israel requests that funds be used for such
    purposes, grants made available for Israel by this paragraph shall, as
    agreed by Israel and the United States, be available for advanced
    weapons systems, of which not less than $568,000,000 shall be available
    for the procurement in Israel of defense articles and defense services,
    including research and development: Provided further, That of the funds
    appropriated by this paragraph, $206,000,000 should be made available
    for assistance for Jordan: Provided further, That of the funds
    appropriated by this paragraph, $17,000,000 may be transferred to and
    merged with funds appropriated under the heading ``Andean Counterdrug
    Initiative'' and made available for aircraft and related assistance for
    the Colombian National Police: Provided further, That funds
    appropriated by this paragraph shall be nonrepayable notwithstanding
    any requirement in section 23 of the Arms Export Control Act: Provided
    further, That funds made available under this paragraph shall be
    obligated upon apportionment in accordance with paragraph (5)(C) of
    section 1501(a) of title 31, United States Code.
        None of the funds made available under this heading shall be
    available to finance the procurement of defense articles, defense
    services, or design and construction services that are not sold by the
    United States Government under the Arms Export Control Act unless the
    foreign country proposing to make such procurements has first signed an
    agreement with the United States Government specifying the conditions
    under which such procurements may be financed with such funds:
    Provided, That all country and funding level increases in allocations
    shall be submitted through the regular notification procedures of
    section 515 of this Act: Provided further, That none of the funds
    appropriated under this heading shall be available for assistance for
    Sudan, Guatemala and Liberia: Provided further, That funds made
    available under this heading may be used, notwithstanding any other
    provision of law, for demining, the clearance of unexploded ordnance,
    and related activities, and may include activities implemented through
    nongovernmental and international organizations: Provided further, That
    the authority contained in the previous proviso or any other provision
    of law relating to the use of funds for programs under this heading,
    including provisions contained in previously enacted appropriations
    Acts, shall not apply to activities relating to the clearance of
    unexploded ordnance resulting from United States Armed Forces testing
    or training exercises: Provided further, That the previous proviso
    shall not apply to San Jose Island, Republic of Panama: Provided
    further, That only those countries for which assistance was justified
    for the ``Foreign Military Sales Financing Program'' in the fiscal year
    1989 congressional presentation for security assistance programs may
    utilize funds made available under this heading for procurement of
    defense articles, defense services or design and construction services
    that are not sold by the United States Government under the Arms Export
    Control Act: Provided further, That funds appropriated under this
    heading shall be expended at the minimum rate necessary to make timely
    payment for defense articles and services: Provided further, That not
    more than $40,500,000 of the funds appropriated under this heading may
    be obligated for necessary expenses, including the purchase of
    passenger motor vehicles for replacement only for use outside of the
    United States, for the general costs of administering military
    assistance and sales: Provided further, That not more than $361,000,000
    of funds realized pursuant to section 21(e)(1)(A) of the Arms Export
    Control Act may be obligated for expenses incurred by the Department of
    Defense during fiscal year 2004 pursuant to section 43(b) of the Arms
    Export Control Act, except that this limitation may be exceeded only
    through the regular notification procedures of the Committees on
    Appropriations: Provided further, That foreign military financing
    program funds estimated to be outlayed for Egypt during fiscal year
    2004 shall be transferred to an interest bearing account for Egypt in
    the Federal Reserve Bank of New York within 30 days of enactment of
    this Act.

                             peacekeeping operations

        For necessary expenses to carry out the provisions of section 551
    of the Foreign Assistance Act of 1961, $74,900,000: Provided, That none
    of the funds appropriated under this heading shall be obligated or
    expended except as provided through the regular notification procedures
    of the Committees on Appropriations.

                   TITLE IV--MULTILATERAL ECONOMIC ASSISTANCE

                       funds appropriated to the president

                       international financial institutions

                           global environment facility

        For the United States contribution for the Global Environment
    Facility, $139,240,000 to the International Bank for Reconstruction and
    Development as trustee for the Global Environment Facility, by the
    Secretary of the Treasury, to remain available until expended.

            contribution to the international development association

        For payment to the International Development Association by the
    Secretary of the Treasury, $913,200,000, to remain available until
    expended: Provided, That the Secretary of the Treasury shall work to
    ensure that the World Bank provides for an independent entity, such as
    a private auditing firm, to conduct and make publicly available an
    external performance audit which verifies whether the IDA-13 Spring
    2004 performance targets have been met: Provided further, That any
    further incentive contribution for additional contributions for IDA-13
    regarding such targets shall be made only after the Secretary of the
    Treasury has reviewed and considered carefully the findings of any such
    independent external audit.

           contribution to the multilateral investment guarantee agency

        For payment to the Multilateral Investment Guarantee Agency by the
    Secretary of the Treasury, $1,124,000, for the United States paid-in
    share of the increase in capital stock, to remain available until
    expended.

                   limitation on callable capital subscriptions

        The United States Governor of the Multilateral Investment Guarantee
    Agency may subscribe without fiscal year limitation for the callable
    capital portion of the United States share of such capital stock in an
    amount not to exceed $4,475,203.

          contribution to the enterprise for the americas multilateral
                                investment fund

        For payment to the Enterprise for the Americas Multilateral
    Investment Fund by the Secretary of the Treasury, for the United States
    contribution to the fund, $25,000,000, to remain available until
    expended.

                    contribution to the asian development fund

        For the United States contribution by the Secretary of the Treasury
    to the increase in resources of the Asian Development Fund, as
    authorized by the Asian Development Bank Act, as amended, $144,421,000,
    to remain available until expended.

                   Contribution to the African Development Bank

        For payment to the African Development Bank by the Secretary of the
    Treasury, $5,104,930, for the United States paid-in share of the
    increase in capital stock, to remain available until expended.

                   limitation on callable capital subscriptions

        The United States Governor of the African Development Bank may
    subscribe without fiscal year limitation for the callable capital
    portion of the United States share of such capital stock in an amount
    not to exceed $79,609,817.

                   contribution to the african development fund

        For the United States contribution by the Secretary of the Treasury
    to the increase in resources of the African Development Fund,
    $112,725,000, to remain available until expended.

       contribution to the european bank for reconstruction and development

        For payment to the European Bank for Reconstruction and Development
    by the Secretary of the Treasury, $35,431,111 for the United States
    share of the paid-in portion of the increase in capital stock, to
    remain available until expended.

                   limitation on callable capital subscriptions

        The United States Governor of the European Bank for Reconstruction
    and Development may subscribe without fiscal year limitation to the
    callable capital portion of the United States share of such capital
    stock in an amount not to exceed $122,085,497.

      contribution to the international fund for agricultural development

        For the United States contribution by the Secretary of the Treasury
    to increase the resources of the International Fund for Agricultural
    Development, $15,004,042, to remain available until expended.

                    international organizations and programs

        For necessary expenses to carry out the provisions of section 301
    of the Foreign Assistance Act of 1961, and of section 2 of the United
    Nations Environment Program Participation Act of 1973, $321,650,000:
    Provided, That none of the funds appropriated under this heading may be
    made available to the International Atomic Energy Agency (IAEA):
    Provided further, That funds appropriated under this heading shall be
    made available for programs and countries in the amounts contained in
    the table accompanying the joint explanatory statement of the managers
    accompanying this Act: Provided further, That any proposed increases or
    decreases to the amounts contained in such table shall be subject to
    the regular notification procedures of the Committees on Appropriations
    and section 634A of the Foreign Assistance Act of 1961 and
    notifications shall be transmitted at least 15 days in advance of the
    obligation of funds.

                          TITLE V--GENERAL PROVISIONS

       compensation for united states executive directors to international
                             financial institutions

        Sec. 501. (a) No funds appropriated by this Act may be made as
    payment to any international financial institution while the United
    States Executive Director to such institution is compensated by the
    institution at a rate which, together with whatever compensation such
    Director receives from the United States, is in excess of the rate
    provided for an individual occupying a position at level IV of the
    Executive Schedule under section 5315 of title 5, United States Code,
    or while any alternate United States Director to such institution is
    compensated by the institution at a rate in excess of the rate provided
    for an individual occupying a position at level V of the Executive
    Schedule under section 5316 of title 5, United States Code.
        (b) For purposes of this section, ``international financial
    institutions'' are: the International Bank for Reconstruction and
    Development, the Inter-American Development Bank, the Asian Development
    Bank, the Asian Development Fund, the African Development Bank, the
    African Development Fund, the International Monetary Fund, the North
    American Development Bank, and the European Bank for Reconstruction and
    Development.

                       private and voluntary organizations

        Sec. 502. None of the funds appropriated or otherwise made
    available by this Act for development assistance may be made available
    to any United States private and voluntary organization, except any
    cooperative development organization, which obtains less than 20
    percent of its total annual funding for international activities from
    sources other than the United States Government: Provided, That the
    Administrator of the United States Agency for International
    Development, after informing the Committees on Appropriations, may, on
    a case-by-case basis, waive the restriction contained in this
    subsection, after taking into account the effectiveness of the overseas
    development activities of the organization, its level of volunteer
    support, its financial viability and stability, and the degree of its
    dependence for its financial support on the agency.

                         limitation on residence expenses

        Sec. 503. Of the funds appropriated or made available pursuant to
    this Act, not to exceed $100,500 shall be for official residence
    expenses of the United States Agency for International Development
    during the current fiscal year: Provided, That appropriate steps shall
    be taken to assure that, to the maximum extent possible, United States-
    owned foreign currencies are utilized in lieu of dollars.

                              limitation on expenses

        Sec. 504. Of the funds appropriated or made available pursuant to
    this Act, not to exceed $5,000 shall be for entertainment expenses of
    the United States Agency for International Development during the
    current fiscal year.

                    limitation on representational allowances

        Sec. 505. Of the funds appropriated or made available pursuant to
    this Act, not to exceed $125,000 shall be available for representation
    allowances for the United States Agency for International Development
    during the current fiscal year: Provided, That appropriate steps shall
    be taken to assure that, to the maximum extent possible, United States-
    owned foreign currencies are utilized in lieu of dollars: Provided
    further, That of the funds made available by this Act for general costs
    of administering military assistance and sales under the heading
    ``Foreign Military Financing Program'', not to exceed $2,000 shall be
    available for entertainment expenses and not to exceed $125,000 shall
    be available for representation allowances: Provided further, That of
    the funds made available by this Act under the heading ``International
    Military Education and Training'', not to exceed $50,000 shall be
    available for entertainment allowances: Provided further, That of the
    funds made available by this Act for the Inter-American Foundation, not
    to exceed $2,000 shall be available for entertainment and
    representation allowances: Provided further, That of the funds made
    available by this Act for the Peace Corps, not to exceed a total of
    $4,000 shall be available for entertainment expenses: Provided further,
    That of the funds made available by this Act under the heading ``Trade
    and Development Agency'', not to exceed $2,000 shall be available for
    representation and entertainment allowances: Provided further, That of
    the funds made available by this Act under the heading ``Millennium
    Challenge Corporation'', not to exceed $130,000 shall be available for
    representation and entertainment allowances.

               prohibition on taxation of united states assistance

        Sec. 506. (a) Prohibition on Taxation.--None of the funds
    appropriated by this Act may be made available to provide assistance
    for a foreign country under a new bilateral agreement governing the
    terms and conditions under which such assistance is to be provided
    unless such agreement includes a provision stating that assistance
    provided by the United States shall be exempt from taxation, or
    reimbursed, by the foreign government, and the Secretary of State shall
    expeditiously seek to negotiate amendments to existing bilateral
    agreements, as necessary, to conform with this requirement.
        (b) Reimbursement of Foreign Taxes.--An amount equivalent to 200
    percent of the total taxes assessed during fiscal year 2004 on funds
    appropriated by this Act by a foreign government or entity against
    commodities financed under United States assistance programs for which
    funds are appropriated by this Act, either directly or through
    grantees, contractors and subcontractors shall be withheld from
    obligation from funds appropriated for assistance for fiscal year 2005
    and allocated for the central government of such country and for the
    West Bank and Gaza Program to the extent that the Secretary of State
    certifies and reports in writing to the Committees on Appropriations
    that such taxes have not been reimbursed to the Government of the
    United States.
        (c) De Minimis Exception.--Foreign taxes of a de minimis nature
    shall not be subject to the provisions of subsection (b).
        (d) Reprogramming of Funds.--Funds withheld from obligation for
    each country or entity pursuant to subsection (b) shall be reprogrammed
    for assistance to countries which do not assess taxes on United States
    assistance or which have an effective arrangement that is providing
    substantial reimbursement of such taxes.
        (e) Determinations.--
            (1) The provisions of this section shall not apply to any
        country or entity the Secretary of State determines--
                (A) does not assess taxes on United States assistance or
            which has an effective arrangement that is providing
            substantial reimbursement of such taxes; or
                (B) the foreign policy interests of the United States
            outweigh the policy of this section to ensure that United
            States assistance is not subject to taxation.
            (2) The Secretary of State shall consult with the Committees on
        Appropriations at least 15 days prior to exercising the authority
        of this subsection with regard to any country or entity.
        (f) Implementation.--The Secretary of State shall issue rules,
    regulations, or policy guidance, as appropriate, to implement the
    prohibition against the taxation of assistance contained in this
    section.
        (g) Definitions.--As used in this section--
            (1) the terms ``taxes'' and ``taxation'' refer to value added
        taxes and customs duties imposed on commodities financed with
        United States assistance for programs for which funds are
        appropriated by this Act; and
            (2) the term ``bilateral agreement'' refers to a framework
        bilateral agreement between the Government of the United States and
        the government of the country receiving assistance that describes
        the privileges and immunities applicable to United States foreign
        assistance for such country generally, or an individual agreement
        between the Government of the United States and such government
        that describes, among other things, the treatment for tax purposes
        that will be accorded the United States assistance provided under
        that agreement.
        (h) Relationship to Prior Law.--Section 579 of division E of Public
    Law 108-7 shall be deemed to have been amended by subsection (f) of
    this section and the modifications made by this section to comparable
    provisions contained in section 579.

             prohibition against direct funding for certain countries

        Sec. 507. None of the funds appropriated or otherwise made
    available pursuant to this Act shall be obligated or expended to
    finance directly any assistance or reparations to Cuba, Libya, North
    Korea, Iran, or Syria: Provided, That for purposes of this section, the
    prohibition on obligations or expenditures shall include direct loans,
    credits, insurance and guarantees of the Export-Import Bank or its
    agents.

                                  military coups

        Sec. 508. None of the funds appropriated or otherwise made
    available pursuant to this Act shall be obligated or expended to
    finance directly any assistance to the government of any country whose
    duly elected head of government is deposed by decree or military coup:
    Provided, That assistance may be resumed to such government if the
    President determines and certifies to the Committees on Appropriations
    that subsequent to the termination of assistance a democratically
    elected government has taken office: Provided further, That the
    provisions of this section shall not apply to assistance to promote
    democratic elections or public participation in democratic processes:
    Provided further, That funds made available pursuant to the previous
    provisos shall be subject to the regular notification procedures of the
    Committees on Appropriations.

                                    transfers

        Sec. 509. (a)(1) Limitation on Transfers Between Agencies.--None of
    the funds made available by 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.
        (2) Notwithstanding paragraph (1), in addition to transfers made
    by, or authorized elsewhere in, this Act, funds appropriated by this
    Act to carry out the purposes of the Foreign Assistance Act of 1961 may
    be allocated or transferred to agencies of the United States Government
    pursuant to the provisions of sections 109, 610, and 632 of the Foreign
    Assistance Act of 1961.
        (b) Transfers Between Accounts.--None of the funds made available
    by this Act may be obligated under an appropriation account to which
    they were not appropriated, except for transfers specifically provided
    for in this Act, unless the President, not less than five days prior to
    the exercise of any authority contained in the Foreign Assistance Act
    of 1961 to transfer funds, consults with and provides a written policy
    justification to the Committees on Appropriations of the House of
    Representatives and the Senate.
        (c) Audit of Inter-agency Transfers.--Any agreement for the
    transfer or allocation of funds appropriated by this Act, or prior
    Acts, entered into between the United States Agency for International
    Development and another agency of the United States Government under
    the authority of section 632(a) of the Foreign Assistance Act of 1961
    or any comparable provision of law, shall expressly provide that the
    Office of the Inspector General for the agency receiving the transfer
    or allocation of such funds shall perform periodic program and
    financial audits of the use of such funds: Provided, That funds
    transferred under such authority may be made available for the cost of
    such audits.

                      commercial leasing of defense articles

        Sec. 510. Notwithstanding any other provision of law, and subject
    to the regular notification procedures of the Committees on
    Appropriations, the authority of section 23(a) of the Arms Export
    Control Act may be used to provide financing to Israel, Egypt and NATO
    and major non-NATO allies for the procurement by leasing (including
    leasing with an option to purchase) of defense articles from United
    States commercial suppliers, not including Major Defense Equipment
    (other than helicopters and other types of aircraft having possible
    civilian application), if the President determines that there are
    compelling foreign policy or national security reasons for those
    defense articles being provided by commercial lease rather than by
    government-to-government sale under such Act.

                              availability of funds

        Sec. 511. No part of any appropriation contained in this Act shall
    remain available for obligation after the expiration of the current
    fiscal year unless expressly so provided in this Act: Provided, That
    funds appropriated for the purposes of chapters 1, 8, 11, and 12 of
    part I, section 667, chapter 4 of part II of the Foreign Assistance Act
    of 1961, as amended, section 23 of the Arms Export Control Act, and
    funds provided under the heading ``Assistance for Eastern Europe and
    the Baltic States'', shall remain available for an additional 4 years
    from the date on which the availability of such funds would otherwise
    have expired, if such funds are initially obligated before the
    expiration of their respective periods of availability contained in
    this Act: Provided further, That, notwithstanding any other provision
    of this Act, any funds made available for the purposes of chapter 1 of
    part I and chapter 4 of part II of the Foreign Assistance Act of 1961
    which are allocated or obligated for cash disbursements in order to
    address balance of payments or economic policy reform objectives, shall
    remain available until expended.

                 limitation on assistance to countries in default

        Sec. 512. No part of any appropriation contained in this Act shall
    be used to furnish assistance to the government of any country which is
    in default during a period in excess of one calendar year in payment to
    the United States of principal or interest on any loan made to the
    government of such country by the United States pursuant to a program
    for which funds are appropriated under this Act unless the President
    determines, following consultations with the Committees on
    Appropriations, that assistance to such country is in the national
    interest of the United States.

                                commerce and trade

        Sec. 513. (a) None of the funds appropriated or made available
    pursuant to this Act for direct assistance and none of the funds
    otherwise made available pursuant to this Act to the Export-Import Bank
    and the Overseas Private Investment Corporation shall be obligated or
    expended to finance any loan, any assistance or any other financial
    commitments for establishing or expanding production of any commodity
    for export by any country other than the United States, if the
    commodity is likely to be in surplus on world markets at the time the
    resulting productive capacity is expected to become operative and if
    the assistance will cause substantial injury to United States producers
    of the same, similar, or competing commodity: Provided, That such
    prohibition shall not apply to the Export-Import Bank if in the
    judgment of its Board of Directors the benefits to industry and
    employment in the United States are likely to outweigh the injury to
    United States producers of the same, similar, or competing commodity,
    and the Chairman of the Board so notifies the Committees on
    Appropriations.
        (b) None of the funds appropriated by this or any other Act to
    carry out chapter 1 of part I of the Foreign Assistance Act of 1961
    shall be available for any testing or breeding feasibility study,
    variety improvement or introduction, consultancy, publication,
    conference, or training in connection with the growth or production in
    a foreign country of an agricultural commodity for export which would
    compete with a similar commodity grown or produced in the United
    States: Provided, That this subsection shall not prohibit--
            (1) activities designed to increase food security in developing
        countries where such activities will not have a significant impact
        on the export of agricultural commodities of the United States; or
            (2) research activities intended primarily to benefit American
        producers.

                               surplus commodities

        Sec. 514. The Secretary of the Treasury shall instruct the United
    States Executive Directors of the International Bank for Reconstruction
    and Development, the International Development Association, the
    International Finance Corporation, the Inter-American Development Bank,
    the International Monetary Fund, the Asian Development Bank, the Inter-
    American Investment Corporation, the North American Development Bank,
    the European Bank for Reconstruction and Development, the African
    Development Bank, and the African Development Fund to use the voice and
    vote of the United States to oppose any assistance by these
    institutions, using funds appropriated or made available pursuant to
    this Act, for the production or extraction of any commodity or mineral
    for export, if it is in surplus on world markets and if the assistance
    will cause substantial injury to United States producers of the same,
    similar, or competing commodity.

                            notification requirements

        Sec. 515. For the purposes of providing the executive branch with
    the necessary administrative flexibility, none of the funds made
    available under this Act for ``Child Survival and Health Programs
    Fund'', ``Development Assistance'', ``International Organizations and
    Programs'', ``Trade and Development Agency'', ``International Narcotics
    Control and Law Enforcement'', ``Andean Counterdrug Initiative'',
    ``Assistance for Eastern Europe and the Baltic States'', ``Assistance
    for the Independent States of the Former Soviet Union'', ``Economic
    Support Fund'', ``Global HIV/AIDS Initiative'', ``Peacekeeping
    Operations'', ``Capital Investment Fund'', ``Operating Expenses of the
    United States Agency for International Development'', ``Operating
    Expenses of the United States Agency for International Development
    Office of Inspector General'', ``Nonproliferation, Anti-terrorism,
    Demining and Related Programs'', ``Millennium Challenge Corporation''
    (by country only), ``Foreign Military Financing Program'',
    ``International Military Education and Training'', ``Peace Corps'', and
    ``Migration and Refugee Assistance'', shall be available for obligation
    for activities, programs, projects, type of materiel assistance,
    countries, or other operations not justified or in excess of the amount
    justified to the Committees on Appropriations for obligation under any
    of these specific headings unless the Committees on Appropriations of
    both Houses of Congress are previously notified 15 days in advance:
    Provided, That the President shall not enter into any commitment of
    funds appropriated for the purposes of section 23 of the Arms Export
    Control Act for the provision of major defense equipment, other than
    conventional ammunition, or other major defense items defined to be
    aircraft, ships, missiles, or combat vehicles, not previously justified
    to Congress or 20 percent in excess of the quantities justified to
    Congress unless the Committees on Appropriations are notified 15 days
    in advance of such commitment: Provided further, That this section
    shall not apply to any reprogramming for an activity, program, or
    project for which funds are appropriated under title II of this Act of
    less than 10 percent of the amount previously justified to the Congress
    for obligation for such activity, program, or project for the current
    fiscal year: Provided further, That the requirements of this section or
    any similar provision of this Act or any other Act, including any prior
    Act requiring notification in accordance with the regular notification
    procedures of the Committees on Appropriations, may be waived if
    failure to do so would pose a substantial risk to human health or
    welfare: Provided further, That in case of any such waiver,
    notification to the Congress, or the appropriate congressional
    committees, shall be provided as early as practicable, but in no event
    later than 3 days after taking the action to which such notification
    requirement was applicable, in the context of the circumstances
    necessitating such waiver: Provided further, That any notification
    provided pursuant to such a waiver shall contain an explanation of the
    emergency circumstances.

       limitation on availability of funds for international organizations
                                  and programs

        Sec. 516. Subject to the regular notification procedures of the
    Committees on Appropriations, funds appropriated under this Act or any
    previously enacted Act making appropriations for foreign operations,
    export financing, and related programs, which are returned or not made
    available for organizations and programs because of the implementation
    of section 307(a) of the Foreign Assistance Act of 1961, shall remain
    available for obligation until September 30, 2005.

                  independent states of the former soviet union

        Sec. 517. (a) None of the funds appropriated under the heading
    ``Assistance for the Independent States of the Former Soviet Union''
    shall be made available for assistance for a government of an
    Independent State of the former Soviet Union--
            (1) unless that government is making progress in implementing
        comprehensive economic reforms based on market principles, private
        ownership, respect for commercial contracts, and equitable
        treatment of foreign private investment; and
            (2) if that government applies or transfers United States
        assistance to any entity for the purpose of expropriating or
        seizing ownership or control of assets, investments, or ventures.
    Assistance may be furnished without regard to this subsection if the
    President determines that to do so is in the national interest.
        (b) None of the funds appropriated under the heading ``Assistance
    for the Independent States of the Former Soviet Union'' shall be made
    available for assistance for a government of an Independent State of
    the former Soviet Union if that government directs any action in
    violation of the territorial integrity or national sovereignty of any
    other Independent State of the former Soviet Union, such as those
    violations included in the Helsinki Final Act: Provided, That such
    funds may be made available without regard to the restriction in this
    subsection if the President determines that to do so is in the national
    security interest of the United States.
        (c) None of the funds appropriated under the heading ``Assistance
    for the Independent States of the Former Soviet Union'' shall be made
    available for any state to enhance its military capability: Provided,
    That this restriction does not apply to demilitarization, demining or
    nonproliferation programs.
        (d) Funds appropriated under the heading ``Assistance for the
    Independent States of the Former Soviet Union'' for the Russian
    Federation, Armenia, Georgia, and Ukraine shall be subject to the
    regular notification procedures of the Committees on Appropriations.
        (e) Funds made available in this Act for assistance for the
    Independent States of the former Soviet Union shall be subject to the
    provisions of section 117 (relating to environment and natural
    resources) of the Foreign Assistance Act of 1961.
        (f) Funds made available for Enterprise Funds shall be expended at
    the minimum rate necessary to make timely payment for projects and
    activities.
        (g) In issuing new task orders, entering into contracts, or making
    grants, with funds appropriated in this Act or prior appropriations
    Acts under the heading ``Assistance for the Independent States of the
    Former Soviet Union'' and under comparable headings in prior
    appropriations Acts, for projects or activities that have as one of
    their primary purposes the fostering of private sector development, the
    Coordinator for United States Assistance to the New Independent States
    and the implementing agency shall encourage the participation of and
    give significant weight to contractors and grantees who propose
    investing a significant amount of their own resources (including
    volunteer services and in-kind contributions) in such projects and
    activities.

        PROHIBITION ON FUNDING FOR ABORTIONS AND INVOLUNTARY STERILIZATION

        Sec. 518. None of the funds made available to carry out part I of
    the Foreign Assistance Act of 1961, as amended, may be used to pay for
    the performance of abortions as a method of family planning or to
    motivate or coerce any person to practice abortions. None of the funds
    made available to carry out part I of the Foreign Assistance Act of
    1961, as amended, may be used to pay for the performance of involuntary
    sterilization as a method of family planning or to coerce or provide
    any financial incentive to any person to undergo sterilizations. None
    of the funds made available to carry out part I of the Foreign
    Assistance Act of 1961, as amended, may be used to pay for any
    biomedical research which relates in whole or in part, to methods of,
    or the performance of, abortions or involuntary sterilization as a
    means of family planning. None of the funds made available to carry out
    part I of the Foreign Assistance Act of 1961, as amended, may be
    obligated or expended for any country or organization if the President
    certifies that the use of these funds by any such country or
    organization would violate any of the above provisions related to
    abortions and involuntary sterilizations.

                      export financing transfer authorities

        Sec. 519. Not to exceed 5 percent of any appropriation other than
    for administrative expenses made available for fiscal year 2004, for
    programs under title I of this Act may be transferred between such
    appropriations for use for any of the purposes, programs, and
    activities for which the funds in such receiving account may be used,
    but no such appropriation, except as otherwise specifically provided,
    shall be increased by more than 25 percent by any such transfer:
    Provided, That the exercise of such authority shall be subject to the
    regular notification procedures of the Committees on Appropriations.

                        special notification requirements

        Sec. 520. None of the funds appropriated by this Act shall be
    obligated or expended for Liberia, Serbia, Sudan, Zimbabwe, Pakistan,
    Cambodia, or the Democratic Republic of the Congo except as provided
    through the regular notification procedures of the Committees on
    Appropriations.

                   definition of program, project, and activity

        Sec. 521. For the purpose of this Act, ``program, project, and
    activity'' shall be defined at the appropriations Act account level and
    shall include all appropriations and authorizations Acts earmarks,
    ceilings, and limitations with the exception that for the following
    accounts: Economic Support Fund and Foreign Military Financing Program,
    ``program, project, and activity'' shall also be considered to include
    country, regional, and central program level funding within each such
    account; for the development assistance accounts of the United States
    Agency for International Development ``program, project, and activity''
    shall also be considered to include central, country, regional, and
    program level funding, either as: (1) justified to the Congress; or (2)
    allocated by the executive branch in accordance with a report, to be
    provided to the Committees on Appropriations within 30 days of the
    enactment of this Act, as required by section 653(a) of the Foreign
    Assistance Act of 1961.

                       child survival and health activities

        Sec. 522. Up to $13,500,000 of the funds made available by this Act
    for assistance under the heading ``Child Survival and Health Programs
    Fund'', may be used to reimburse United States Government agencies,
    agencies of State governments, institutions of higher learning, and
    private and voluntary organizations for the full cost of individuals
    (including for the personal services of such individuals) detailed or
    assigned to, or contracted by, as the case may be, the United States
    Agency for International Development for the purpose of carrying out
    activities under that heading: Provided, That up to $3,500,000 of the
    funds made available by this Act for assistance under the heading
    ``Development Assistance'' may be used to reimburse such agencies,
    institutions, and organizations for such costs of such individuals
    carrying out other development assistance activities: Provided further,
    That funds appropriated by titles II and III of this Act that are made
    available for bilateral assistance for child survival activities or
    disease programs including activities relating to research on, and the
    prevention, treatment and control of, HIV/AIDS may be made available
    notwithstanding any other provision of law except for the provisions
    under the heading ``Child Survival and Health Programs Fund'' and the
    United States Leadership Against HIV/AIDS, Tuberculosis, and Malaria
    Act of 2003 (117 Stat. 711; 22 U.S.C. 7601 et seq.) as amended by
    section 595 of this Act: Provided further, That of the funds
    appropriated under title II of this Act, not less than $432,000,000
    shall be made available for family planning/reproductive health.

                                   afghanistan

        Sec. 523. Of the funds appropriated by this Act, $405,000,000 shall
    be made available for humanitarian and reconstruction assistance for
    Afghanistan: Provided, That of the funds made available pursuant to
    this section, not less than $75,000,000 should be from funds
    appropriated under the heading ``Economic Support Fund'': Provided
    further, That of the funds made available pursuant to this section, not
    less than $2,000,000 should be made available for reforestation
    activities: Provided further, That funds made available pursuant to the
    previous proviso should be matched, to the maximum extent possible,
    with contributions from American and Afghan businesses: Provided
    further, That of the funds made available pursuant to this section, not
    less than $2,000,000 should be made available for the Afghan Judicial
    Reform Commission: Provided further, That of the funds made available
    pursuant to this section, not less than $5,000,000 should be made
    available to support programs to address the needs of Afghan women
    through training and equipment to improve the capacity of women-led
    Afghan nongovernmental organizations and to support the activities of
    such organizations: Provided further, That not less than $2,000,000
    should be made available for assistance for Afghan communities and
    families that suffer losses as a result of the military operations.

                     NOTIFICATION ON EXCESS DEFENSE EQUIPMENT

        Sec. 524. Prior to providing excess Department of Defense articles
    in accordance with section 516(a) of the Foreign Assistance Act of
    1961, the Department of Defense shall notify the Committees on
    Appropriations to the same extent and under the same conditions as are
    other committees pursuant to subsection (f) of that section: Provided,
    That before issuing a letter of offer to sell excess defense articles
    under the Arms Export Control Act, the Department of Defense shall
    notify the Committees on Appropriations in accordance with the regular
    notification procedures of such Committees if such defense articles are
    significant military equipment (as defined in section 47(9) of the Arms
    Export Control Act) or are valued (in terms of original acquisition
    cost) at $7,000,000 or more, or if notification is required elsewhere
    in this Act for the use of appropriated funds for specific countries
    that would receive such excess defense articles: Provided further, That
    such Committees shall also be informed of the original acquisition cost
    of such defense articles.

                              usaid overseas program

        Sec. 525. Funds appropriated by this and subsequent appropriations
    Acts to carry out the provisions of part I of the Foreign Assistance
    Act of 1961, including funds appropriated under the heading
    ``Assistance for Eastern Europe and the Baltic States'', may be made
    available to employ individuals overseas on a limited appointment basis
    pursuant to the authority of sections 308 and 309 of the Foreign
    Service Act of 1980: Provided, That in fiscal years 2004, 2005, and
    2006 the authority of this section may be used to hire not more than 85
    individuals in each such year.

                                democracy programs

        Sec. 526. (a) Notwithstanding any other provision of law, of the
    funds appropriated by this Act to carry out the provisions of chapter 4
    of part II of the Foreign Assistance Act of 1961, not less than
    $13,500,000 shall be made available for assistance for activities to
    support democracy, human rights, and the rule of law in the People's
    Republic of China and Hong Kong: Provided, That funds appropriated
    under the heading ``Economic Support Fund'' should be made available
    for assistance for Taiwan for the purposes of furthering political and
    legal reforms: Provided further, That such funds shall only be made
    available to the extent that they are matched from sources other than
    the United States Government: Provided further, That funds made
    available pursuant to the authority of this subsection shall be subject
    to the regular notification procedures of the Committees on
    Appropriations.
        (b)(1) In addition to the funds made available in subsection (a),
    of the funds appropriated by this Act under the heading ``Economic
    Support Fund'' not less than $11,500,000 shall be made available for
    programs and activities to foster democracy, human rights, civic
    education, women's development, press freedom, and the rule of law in
    countries with a significant Muslim population, and where such programs
    and activities would be important to United States efforts to respond
    to, deter, or prevent acts of international terrorism: Provided, That
    funds made available pursuant to the authority of this subsection
    should support new initiatives or bolster ongoing programs and
    activities in those countries: Provided further, That not less than
    $3,000,000 of such funds shall be made available for programs and
    activities that provide professional training for journalists: Provided
    further, That of the funds appropriated under this heading, in addition
    to other amounts made available for Egypt in this Act, funds shall be
    made available to support civil society organizations working for
    democracy in Egypt: Provided further, That notwithstanding any other
    provision of law, not to exceed $1,500,000 of such funds may be used
    for making grants to educational, humanitarian and nongovernmental
    organizations and individuals inside Iran to support the advancement of
    democracy and human rights in Iran: Provided further, That funds made
    available pursuant to this subsection shall be subject to the regular
    notification procedures of the Committees on Appropriations.
        (2) In addition to funds made available under subsections (a) and
    (b)(1), of the funds appropriated by this Act under the heading
    ``Economic Support Fund'' not less than $3,000,000 shall be made
    available for programs and activities of the National Endowment for
    Democracy to foster democracy, human rights, civic education, women's
    development, press freedom, and the rule of law in countries in sub-
    Saharan Africa.
        (c) Of the funds made available under subsection (a), not less than
    $10,500,000 shall be made available for the Human Rights and Democracy
    Fund of the Bureau of Democracy, Human Rights and Labor, Department of
    State, to support the activities described in subsection (a), and of
    the funds made available under subsection (b), not less than $7,000,000
    shall be made available for such Fund to support the activities
    described in subsection (b): Provided, That the total amount of funds
    made available by this Act under ``Economic Support Fund'' for
    activities of the Bureau of Democracy, Human Rights and Labor,
    Department of State, including funds available in this section, shall
    be not less than $34,500,000.
        (d) Of the funds made available under subsection (a), not less than
    $3,000,000 shall be made available for the National Endowment for
    Democracy to support the activities described in subsection (a), and of
    the funds made available under subsection (b), not less than $3,500,000
    shall be made available for the National Endowment for Democracy to
    support the activities described in subsection (b): Provided, That the
    Secretary of State shall provide a report to the Committees on
    Appropriations within 120 days of the date of enactment of this Act on
    the status of the allocation, obligation, and expenditure of such
    funds.

            PROHIBITION ON BILATERAL ASSISTANCE TO TERRORIST COUNTRIES

        Sec. 527. (a) Funds appropriated for bilateral assistance under any
    heading of this Act and funds appropriated under any such heading in a
    provision of law enacted prior to the enactment of this Act, shall not
    be made available to any country which the President determines--
            (1) grants sanctuary from prosecution to any individual or
        group which has committed an act of international terrorism; or
            (2) otherwise supports international terrorism.
        (b) The President may waive the application of subsection (a) to a
    country if the President determines that national security or
    humanitarian reasons justify such waiver. The President shall publish
    each waiver in the Federal Register and, at least 15 days before the
    waiver takes effect, shall notify the Committees on Appropriations of
    the waiver (including the justification for the waiver) in accordance
    with the regular notification procedures of the Committees on
    Appropriations.

                               DEBT-FOR-DEVELOPMENT

        Sec. 528. In order to enhance the continued participation of
    nongovernmental organizations in debt-for-development and debt-for-
    nature exchanges, a nongovernmental organization which is a grantee or
    contractor of the United States Agency for International Development
    may place in interest bearing accounts local currencies which accrue to
    that organization as a result of economic assistance provided under
    title II of this Act and any interest earned on such investment shall
    be used for the purpose for which the assistance was provided to that
    organization.

                                SEPARATE ACCOUNTS

        Sec. 529. (a) Separate Accounts for Local Currencies.--(1) If
    assistance is furnished to the government of a foreign country under
    chapters 1 and 10 of part I or chapter 4 of part II of the Foreign
    Assistance Act of 1961 under agreements which result in the generation
    of local currencies of that country, the Administrator of the United
    States Agency for International Development shall--
            (A) require that local currencies be deposited in a separate
        account established by that government;
            (B) enter into an agreement with that government which sets
        forth--
                (i) the amount of the local currencies to be generated; and
                (ii) the terms and conditions under which the currencies so
            deposited may be utilized, consistent with this section; and
            (C) establish by agreement with that government the
        responsibilities of the United States Agency for International
        Development and that government to monitor and account for deposits
        into and disbursements from the separate account.
        (2) Uses of local currencies.--As may be agreed upon with the
    foreign government, local currencies deposited in a separate account
    pursuant to subsection (a), or an equivalent amount of local
    currencies, shall be used only--
            (A) to carry out chapter 1 or 10 of part I or chapter 4 of part
        II (as the case may be), for such purposes as--
                (i) project and sector assistance activities; or
                (ii) debt and deficit financing; or
            (B) for the administrative requirements of the United States
        Government.
        (3) Programming accountability.--The United States Agency for
    International Development shall take all necessary steps to ensure that
    the equivalent of the local currencies disbursed pursuant to subsection
    (a)(2)(A) from the separate account established pursuant to subsection
    (a)(1) are used for the purposes agreed upon pursuant to subsection
    (a)(2).
        (4) Termination of assistance programs.--Upon termination of
    assistance to a country under chapter 1 or 10 of part I or chapter 4 of
    part II (as the case may be), any unencumbered balances of funds which
    remain in a separate account established pursuant to subsection (a)
    shall be disposed of for such purposes as may be agreed to by the
    government of that country and the United States Government.
        (5) Reporting requirement.--The Administrator of the United States
    Agency for International Development shall report on an annual basis as
    part of the justification documents submitted to the Committees on
    Appropriations on the use of local currencies for the administrative
    requirements of the United States Government as authorized in
    subsection (a)(2)(B), and such report shall include the amount of local
    currency (and United States dollar equivalent) used and/or to be used
    for such purpose in each applicable country.
        (b) Separate Accounts for Cash Transfers.--(1) If assistance is
    made available to the government of a foreign country, under chapter 1
    or 10 of part I or chapter 4 of part II of the Foreign Assistance Act
    of 1961, as cash transfer assistance or as nonproject sector
    assistance, that country shall be required to maintain such funds in a
    separate account and not commingle them with any other funds.
        (2) Applicability of other provisions of law.--Such funds may be
    obligated and expended notwithstanding provisions of law which are
    inconsistent with the nature of this assistance including provisions
    which are referenced in the Joint Explanatory Statement of the
    Committee of Conference accompanying House Joint Resolution 648 (House
    Report No. 98-1159).
        (3) Notification.--At least 15 days prior to obligating any such
    cash transfer or nonproject sector assistance, the President shall
    submit a notification through the regular notification procedures of
    the Committees on Appropriations, which shall include a detailed
    description of how the funds proposed to be made available will be
    used, with a discussion of the United States interests that will be
    served by the assistance (including, as appropriate, a description of
    the economic policy reforms that will be promoted by such assistance).
        (4) Exemption.--Nonproject sector assistance funds may be exempt
    from the requirements of subsection (b)(1) only through the
    notification procedures of the Committees on Appropriations.

                           enterprise fund restrictions

        Sec. 530. Prior to the distribution of any assets resulting from
    any liquidation, dissolution, or winding up of an Enterprise Fund, in
    whole or in part, the President shall submit to the Committees on
    Appropriations, in accordance with the regular notification procedures
    of the Committees on Appropriations, a plan for the distribution of the
    assets of the Enterprise Fund.

                                      burma

        Sec. 531. (a) The Secretary of the Treasury shall instruct the
    United States executive director to each appropriate international
    financial institution in which the United States participates, to
    oppose and vote against the extension by such institution of any loan
    or financial or technical assistance or any other utilization of funds
    of the respective bank to and for Burma.
        (b) Of the funds appropriated under the heading ``Economic Support
    Fund'', not less than $13,000,000 shall be made available to support
    democracy activities in Burma, along the Burma-Thailand border, for
    activities of Burmese student groups and other organizations located
    outside Burma, and for the purpose of supporting the provision of
    humanitarian assistance to displaced Burmese along Burma's borders:
    Provided, That of this amount $500,000 should be made available to
    support newspapers, publications, and other media activities promoting
    democracy inside Burma: Provided further, That funds made available
    under this heading may be made available notwithstanding any other
    provision of law: Provided further, That $5,000,000 shall be allocated
    to the United States Agency for International Development for
    humanitarian assistance for displaced Burmese and host communities in
    Thailand: Provided further, That not more than 60 days after enactment
    of this Act, the Secretary of State, in consultation with the
    Administrator of the United States Agency for International
    Development, shall submit a report to the Committees on Appropriations
    describing the amount and rate of disbursement of fiscal years 2002 and
    2003 funding for HIV/AIDS programs and activities in Burma, the
    estimated amount of funds expended by the State Peace and Development
    Council (SPDC) on HIV/AIDS programs and activities in calendar years
    2001, 2002, and 2003, and the extent to which international
    nongovernmental organizations are able to conduct HIV/AIDS programs
    throughout Burma, including the ability of expatriate staff to freely
    travel through the country and to conduct programmatic oversight
    independent of SPDC handling and monitoring: Provided further, That
    funds made available by this section shall be subject to the regular
    notification procedures of the Committees on Appropriations.
        (c) It is the sense of the Congress that the United Nations
    Security Council should debate and consider sanctions against Burma as
    a result of the threat to regional stability and peace posed by the
    repressive and illegitimate rule of the State Peace and Development
    Council.

         authorities for the peace corps, inter-american foundation and
                         african development foundation

        Sec. 532. Unless expressly provided to the contrary, provisions of
    this or any other Act, including provisions contained in prior Acts
    authorizing or making appropriations for foreign operations, export
    financing, and related programs, shall not be construed to prohibit
    activities authorized by or conducted under the Peace Corps Act, the
    Inter-American Foundation Act or the African Development Foundation
    Act. The agency shall promptly report to the Committees on
    Appropriations whenever it is conducting activities or is proposing to
    conduct activities in a country for which assistance is prohibited.

                       impact on jobs in the united states

        Sec. 533. None of the funds appropriated by this Act may be
    obligated or expended to provide--
            (1) any financial incentive to a business enterprise currently
        located in the United States for the purpose of inducing such an
        enterprise to relocate outside the United States if such incentive
        or inducement is likely to reduce the number of employees of such
        business enterprise in the United States because United States
        production is being replaced by such enterprise outside the United
        States; or
            (2) assistance for any program, project, or activity that
        contributes to the violation of internationally recognized workers
        rights, as defined in section 507(4) of the Trade Act of 1974, of
        workers in the recipient country, including any designated zone or
        area in that country: Provided, That the application of section
        507(4)(D) and (E) of such Act should be commensurate with the level
        of development of the recipient country and sector, and shall not
        preclude assistance for the informal sector in such country, micro
        and small-scale enterprise, and smallholder agriculture.

                               special authorities

        Sec. 534. (a) Afghanistan, Pakistan, Lebanon, Montenegro, Victims
    of War, Displaced Children, and Displaced Burmese.--Funds appropriated
    by this Act that are made available for assistance for Afghanistan may
    be made available notwithstanding section 512 of this Act or any
    similar provision of law and section 660 of the Foreign Assistance Act
    of 1961, and funds appropriated in titles I and II of this Act that are
    made available for Lebanon, Montenegro, Pakistan, and for victims of
    war, displaced children, and displaced Burmese, and to assist victims
    of trafficking in persons and, subject to the regular notification
    procedures of the Committees on Appropriations, to combat such
    trafficking, may be made available notwithstanding any other provision
    of law.
        (b) Tropical Forestry and Biodiversity Conservation Activities.--
    Funds appropriated by this Act to carry out the provisions of sections
    103 through 106, and chapter 4 of part II, of the Foreign Assistance
    Act of 1961 may be used, notwithstanding any other provision of law,
    for the purpose of supporting tropical forestry and biodiversity
    conservation activities and energy programs aimed at reducing
    greenhouse gas emissions: Provided, That such assistance shall be
    subject to sections 116, 502B, and 620A of the Foreign Assistance Act
    of 1961.
        (c) Personal Services Contractors.--Funds appropriated by this Act
    to carry out chapter 1 of part I, chapter 4 of part II, and section 667
    of the Foreign Assistance Act of 1961, and title II of the Agricultural
    Trade Development and Assistance Act of 1954, may be used by the United
    States Agency for International Development to employ up to 25 personal
    services contractors in the United States, notwithstanding any other
    provision of law, for the purpose of providing direct, interim support
    for new or expanded overseas programs and activities managed by the
    agency until permanent direct hire personnel are hired and trained:
    Provided, That not more than 10 of such contractors shall be assigned
    to any bureau or office: Provided further, That such funds appropriated
    to carry out title II of the Agricultural Trade Development and
    Assistance Act of 1954, may be made available only for personal
    services contractors assigned to the Office of Food for Peace.
        (d)(1) Waiver.--The President may waive the provisions of section
    1003 of Public Law 100-204 if the President determines and certifies in
    writing to the Speaker of the House of Representatives and the
    President pro tempore of the Senate that it is important to the
    national security interests of the United States.
        (2) Period of application of waiver.--Any waiver pursuant to
    paragraph (1) shall be effective for no more than a period of 6 months
    at a time and shall not apply beyond 12 months after the enactment of
    this Act.
        (e) Small Business.--In entering into multiple award indefinite-
    quantity contracts with funds appropriated by this Act, the United
    States Agency for International Development may provide an exception to
    the fair opportunity process for placing task orders under such
    contracts when the order is placed with any category of small or small
    disadvantaged business.
        (f) Shipment of Humanitarian Assistance.--During fiscal year 2004
    and each fiscal year thereafter, of the amounts made available by the
    United States Agency for International Development to carry out the
    provisions of section 123(b) of the Foreign Assistance Act of 1961,
    funds may be made available to nongovernmental organizations for
    administrative costs necessary to implement a program to obtain
    available donated space on commercial ships for the shipment of
    humanitarian assistance overseas.
        (g) Reconstituting Civilian Police Authority.--In providing
    assistance with funds appropriated by this Act under section 660(b)(6)
    of the Foreign Assistance Act of 1961, support for a nation emerging
    from instability may be deemed to mean support for regional, district,
    municipal, or other sub-national entity emerging from instability, as
    well as a nation emerging from instability.
        (h) National Endowment for Democracy.--Funds appropriated by this
    Act that are provided to the National Endowment for Democracy may be
    provided notwithstanding any other provision of law or regulation.
        (i) World Food Program.--Of the funds managed by the Bureau for
    Democracy, Conflict, and Humanitarian Assistance of the United States
    Agency for International Development, from this or any other Act, not
    less than $6,000,000 shall be made available as a general contribution
    to the World Food Program, notwithstanding any other provision of law.
        (j) Sudan.--For the purposes of section 501 of Public Law 106-570,
    the terms ``areas outside of control of the Government of Sudan'' and
    ``area in Sudan outside of control of the Government of Sudan'' shall,
    upon conclusion of a peace agreement between the Government of Sudan
    and the Sudan People's Liberation Movement, have the same meaning and
    application as was the case immediately prior to the conclusion of such
    agreement.
        (k) Programs.--Of the funds appropriated under ``Economic Support
    Fund'' for Middle East regional programs, up to $5,000,000 may be made
    available for programs and activities of the Yitzhak Rabin Center for
    Israel Studies in Tel Aviv, Israel, and up to $5,000,000 may be made
    available for programs and activities of the Center for Human Dignity
    Museum of Tolerance in Jerusalem.

                          ARAB LEAGUE BOYCOTT OF ISRAEL

        Sec. 535. It is the sense of the Congress that--
            (1) the Arab League boycott of Israel, and the secondary
        boycott of American firms that have commercial ties with Israel, is
        an impediment to peace in the region and to United States
        investment and trade in the Middle East and North Africa;
            (2) the Arab League boycott, which was regrettably reinstated
        in 1997, should be immediately and publicly terminated, and the
        Central Office for the Boycott of Israel immediately disbanded;
            (3) the three Arab League countries with diplomatic and trade
        relations with Israel should return their ambassadors to Israel,
        should refrain from downgrading their relations with Israel, and
        should play a constructive role in securing a peaceful resolution
        of the Israeli-Arab conflict;
            (4) the remaining Arab League states should normalize relations
        with their neighbor Israel;
            (5) the President and the Secretary of State should continue to
        vigorously oppose the Arab League boycott of Israel and find
        concrete steps to demonstrate that opposition by, for example,
        taking into consideration the participation of any recipient
        country in the boycott when determining to sell weapons to said
        country; and
            (6) the President should report to Congress annually on
        specific steps being taken by the United States to encourage Arab
        League states to normalize their relations with Israel to bring
        about the termination of the Arab League boycott of Israel,
        including those to encourage allies and trading partners of the
        United States to enact laws prohibiting businesses from complying
        with the boycott and penalizing businesses that do comply.

                       administration of justice activities

        Sec. 536. Of the funds appropriated or otherwise made available by
    this Act or any subsequent Act for ``Economic Support Fund'',
    assistance may be provided to strengthen the administration of justice
    in countries in Latin America and the Caribbean and in other regions
    consistent with the provisions of section 534(b) of the Foreign
    Assistance Act of 1961, except that programs to enhance protection of
    participants in judicial cases may be conducted notwithstanding section
    660 of that Act. Funds made available pursuant to this section may be
    made available notwithstanding section 534(c) and the second and third
    sentences of section 534(e) of the Foreign Assistance Act of 1961.

                            eligibility for assistance

        Sec. 537. (a) Assistance Through Nongovernmental Organizations.--
    Restrictions contained in this or any other Act with respect to
    assistance for a country shall not be construed to restrict assistance
    in support of programs of nongovernmental organizations from funds
    appropriated by this Act to carry out the provisions of chapters 1, 10,
    11, and 12 of part I and chapter 4 of part II of the Foreign Assistance
    Act of 1961, and from funds appropriated under the heading ``Assistance
    for Eastern Europe and the Baltic States'': Provided, That before using
    the authority of this subsection to furnish assistance in support of
    programs of nongovernmental organizations, the President shall notify
    the Committees on Appropriations under the regular notification
    procedures of those committees, including a description of the program
    to be assisted, the assistance to be provided, and the reasons for
    furnishing such assistance: Provided further, That nothing in this
    subsection shall be construed to alter any existing statutory
    prohibitions against abortion or involuntary sterilizations contained
    in this or any other Act.
        (b) Public Law 480.--During fiscal year 2004, restrictions
    contained in this or any other Act with respect to assistance for a
    country shall not be construed to restrict assistance under the
    Agricultural Trade Development and Assistance Act of 1954: Provided,
    That none of the funds appropriated to carry out title I of such Act
    and made available pursuant to this subsection may be obligated or
    expended except as provided through the regular notification procedures
    of the Committees on Appropriations.
        (c) Exception.--This section shall not apply--
            (1) with respect to section 620A of the Foreign Assistance Act
        of 1961 or any comparable provision of law prohibiting assistance
        to countries that support international terrorism; or
            (2) with respect to section 116 of the Foreign Assistance Act
        of 1961 or any comparable provision of law prohibiting assistance
        to the government of a country that violates internationally
        recognized human rights.

                              reservations of funds

        Sec. 538. (a) Funds appropriated by this Act which are earmarked
    may be reprogrammed for other programs within the same account
    notwithstanding the earmark if compliance with the earmark is made
    impossible by operation of any provision of this or any other Act:
    Provided, That any such reprogramming shall be subject to the regular
    notification procedures of the Committees on Appropriations: Provided
    further, That assistance that is reprogrammed pursuant to this
    subsection shall be made available under the same terms and conditions
    as originally provided.
        (b) In addition to the authority contained in subsection (a), the
    original period of availability of funds appropriated by this Act and
    administered by the United States Agency for International Development
    that are earmarked for particular programs or activities by this or any
    other Act shall be extended for an additional fiscal year if the
    Administrator of such agency determines and reports promptly to the
    Committees on Appropriations that the termination of assistance to a
    country or a significant change in circumstances makes it unlikely that
    such earmarked funds can be obligated during the original period of
    availability: Provided, That such earmarked funds that are continued
    available for an additional fiscal year shall be obligated only for the
    purpose of such earmark.

                              ceilings and earmarks

        Sec. 539. Ceilings and earmarks contained in this Act shall not be
    applicable to funds or authorities appropriated or otherwise made
    available by any subsequent Act unless such Act specifically so
    directs. Earmarks or minimum funding requirements contained in any
    other Act shall not be applicable to funds appropriated by this Act.

                      prohibition on publicity or propaganda

        Sec. 540. No part of any appropriation contained in this Act shall
    be used for publicity or propaganda purposes within the United States
    not authorized before the date of the enactment of this Act by the
    Congress: Provided, That not to exceed $750,000 may be made available
    to carry out the provisions of section 316 of Public Law 96-533.

                prohibition of payments to united nations members

        Sec. 541. None of the funds appropriated or made available pursuant
    to this Act for carrying out the Foreign Assistance Act of 1961, may be
    used to pay in whole or in part any assessments, arrearages, or dues of
    any member of the United Nations or, from funds appropriated by this
    Act to carry out chapter 1 of part I of the Foreign Assistance Act of
    1961, the costs for participation of another country's delegation at
    international conferences held under the auspices of multilateral or
    international organizations.

                   nongovernmental organizations--documentation

        Sec. 542. None of the funds appropriated or made available pursuant
    to this Act shall be available to a nongovernmental organization which
    fails to provide upon timely request any document, file, or record
    necessary to the auditing requirements of the United States Agency for
    International Development.

       Prohibition on Assistance to Foreign Governments that Export Lethal
       Military Equipment to Countries Supporting International Terrorism

        Sec. 543. (a) None of the funds appropriated or otherwise made
    available by this Act may be available to any foreign government which
    provides lethal military equipment to a country the government of which
    the Secretary of State has determined is a terrorist government for
    purposes of section 6(j) of the Export Administration Act. The
    prohibition under this section with respect to a foreign government
    shall terminate 12 months after that government ceases to provide such
    military equipment. This section applies with respect to lethal
    military equipment provided under a contract entered into after October
    1, 1997.
        (b) Assistance restricted by subsection (a) or any other similar
    provision of law, may be furnished if the President determines that
    furnishing such assistance is important to the national interests of
    the United States.
        (c) Whenever the waiver authority of subsection (b) is exercised,
    the President shall submit to the appropriate congressional committees
    a report with respect to the furnishing of such assistance. Any such
    report shall include a detailed explanation of the assistance to be
    provided, including the estimated dollar amount of such assistance, and
    an explanation of how the assistance furthers United States national
    interests.

      withholding of assistance for parking fines owed by foreign countries

        Sec. 544. (a) Subject to subsection (c), of the funds appropriated
    by this Act that are made available for assistance for a foreign
    country, an amount equal to 110 percent of the total amount of the
    unpaid fully adjudicated parking fines and penalties owed by such
    country shall be withheld from obligation for such country until the
    Secretary of State submits a certification to the appropriate
    congressional committees stating that such parking fines and penalties
    are fully paid.
        (b) Funds withheld from obligation pursuant to subsection (a) may
    be made available for other programs or activities funded by this Act,
    after consultation with and subject to the regulation notification
    procedures of the appropriate congressional committees, provided that
    no such funds shall be made available for assistance to the central
    government of a foreign country that has not paid the total amount of
    the fully adjudicated parking fines and penalties owed by such country.
        (c) Subsection (a) shall not include amounts that have been
    withheld under any other provision of law.
        (d) The Secretary of State may waive the requirements set forth in
    subsection (a) no sooner than 60 days from the date of enactment of
    this Act, or at any time with respect to a particular country, if the
    Secretary determines that it is in the national interests of the United
    States to do so.
        (e) Not later than 6 months after the initial exercise of the
    waiver authority in subsection (d), the Secretary of State, after
    consultations with the City of New York, shall submit a report to the
    Committees on Appropriations describing a strategy, including a
    timetable and steps currently being taken, to collect the parking fines
    and penalties owed by nations receiving foreign assistance under this
    Act.
        (f) In this section:
            (1) The term ``appropriate congressional committees'' means the
        Committee on Appropriations of the Senate and the Committee on
        Appropriations of the House of Representatives.
            (2) The term ``fully adjudicated'' includes circumstances in
        which the person to whom the vehicle is registered--
                (A)(i) has not responded to the parking violation summons;
            or
                (ii) has not followed the appropriate adjudication
            procedure to challenge the summons; and
                (B) the period of time for payment of or challenge to the
            summons has lapsed.
            (3) The term ``parking fines and penalties'' means parking
        fines and penalties--
                (A) owed to--
                    (i) the District of Columbia; or
                    (ii) New York, New York; and
                (B) incurred during the period April 1, 1997 through
            September 30, 2003.

         limitation on assistance for the plo for the west bank and gaza

        Sec. 545. None of the funds appropriated by this Act may be
    obligated for assistance for the Palestine Liberation Organization for
    the West Bank and Gaza unless the President has exercised the authority
    under section 604(a) of the Middle East Peace Facilitation Act of 1995
    (title VI of Public Law 104-107) or any other legislation to suspend or
    make inapplicable section 307 of the Foreign Assistance Act of 1961 and
    that suspension is still in effect: Provided, That if the President
    fails to make the certification under section 604(b)(2) of the Middle
    East Peace Facilitation Act of 1995 or to suspend the prohibition under
    other legislation, funds appropriated by this Act may not be obligated
    for assistance for the Palestine Liberation Organization for the West
    Bank and Gaza.

                          war crimes tribunals drawdown

        Sec. 546. If the President determines that doing so will contribute
    to a just resolution of charges regarding genocide or other violations
    of international humanitarian law, the President may direct a drawdown
    pursuant to section 552(c) of the Foreign Assistance Act of 1961, as
    amended, of up to $30,000,000 of commodities and services for the
    United Nations War Crimes Tribunal established with regard to the
    former Yugoslavia by the United Nations Security Council or such other
    tribunals or commissions as the Council may establish or authorize to
    deal with such violations, without regard to the ceiling limitation
    contained in paragraph (2) thereof: Provided, That the determination
    required under this section shall be in lieu of any determinations
    otherwise required under section 552(c): Provided further, That the
    drawdown made under this section for any tribunal shall not be
    construed as an endorsement or precedent for the establishment of any
    standing or permanent international criminal tribunal or court:
    Provided further, That funds made available for tribunals other than
    Yugoslavia, Rwanda, or the Special Court for Sierra Leone shall be made
    available subject to the regular notification procedures of the
    Committees on Appropriations.

                                    landmines

        Sec. 547. Notwithstanding any other provision of law, demining
    equipment available to the United States Agency for International
    Development and the Department of State and used in support of the
    clearance of landmines and unexploded ordnance for humanitarian
    purposes may be disposed of on a grant basis in foreign countries,
    subject to such terms and conditions as the President may prescribe.

                restrictions concerning the palestinian authority

        Sec. 548. None of the funds appropriated by this Act may be
    obligated or expended to create in any part of Jerusalem a new office
    of any department or agency of the United States Government for the
    purpose of conducting official United States Government business with
    the Palestinian Authority over Gaza and Jericho or any successor
    Palestinian governing entity provided for in the Israel-PLO Declaration
    of Principles: Provided, That this restriction shall not apply to the
    acquisition of additional space for the existing Consulate General in
    Jerusalem: Provided further, That meetings between officers and
    employees of the United States and officials of the Palestinian
    Authority, or any successor Palestinian governing entity provided for
    in the Israel-PLO Declaration of Principles, for the purpose of
    conducting official United States Government business with such
    authority should continue to take place in locations other than
    Jerusalem. As has been true in the past, officers and employees of the
    United States Government may continue to meet in Jerusalem on other
    subjects with Palestinians (including those who now occupy positions in
    the Palestinian Authority), have social contacts, and have incidental
    discussions.

                    prohibition of payment of certain expenses

        Sec. 549. None of the funds appropriated or otherwise made
    available by this Act under the heading ``International Military
    Education and Training'' or ``Foreign Military Financing Program'' for
    Informational Program activities or under the headings ``Child Survival
    and Health Programs Fund'', ``Development Assistance'', and ``Economic
    Support Fund'' may be obligated or expended to pay for--
            (1) alcoholic beverages; or
            (2) entertainment expenses for activities that are
        substantially of a recreational character, including but not
        limited to entrance fees at sporting events, theatrical and musical
        productions, and amusement parks.

        restrictions on voluntary contributions to united nations agencies

        Sec. 550. None of the funds appropriated by this Act may be made
    available to pay any voluntary contribution of the United States to the
    United Nations (including the United Nations Development Program) if
    the United Nations implements or imposes any taxation on any United
    States persons.

                                      Haiti

        Sec. 551. The Government of Haiti shall be eligible to purchase
    defense articles and services under the Arms Export Control Act (22
    U.S.C. 2751 et seq.), for the Coast Guard.

              limitation on assistance to the palestinian authority

        Sec. 552. (a) Prohibition of Funds.--None of the funds appropriated
    by this Act to carry out the provisions of chapter 4 of part II of the
    Foreign Assistance Act of 1961 may be obligated or expended with
    respect to providing funds to the Palestinian Authority.
        (b) Waiver.--The prohibition included in subsection (a) shall not
    apply if the President certifies in writing to the Speaker of the House
    of Representatives and the President pro tempore of the Senate that
    waiving such prohibition is important to the national security
    interests of the United States.
        (c) Period of Application of Waiver.--Any waiver pursuant to
    subsection (b) shall be effective for no more than a period of 6 months
    at a time and shall not apply beyond 12 months after the enactment of
    this Act.
        (d) Report.--Whenever the waiver authority pursuant to subsection
    (b) is exercised, the President shall submit a report to the Committees
    on Appropriations detailing the steps the Palestinian Authority has
    taken to arrest terrorists, confiscate weapons and dismantle the
    terrorist infrastructure. The report shall also include a description
    of how funds will be spent and the accounting procedures in place to
    ensure that they are properly disbursed.

                   limitation on assistance to security forces

        Sec. 553. None of the funds made available by this Act may be
    provided to any unit of the security forces of a foreign country if the
    Secretary of State has credible evidence that such unit has committed
    gross violations of human rights, unless the Secretary determines and
    reports to the Committees on Appropriations that the government of such
    country is taking effective measures to bring the responsible members
    of the security forces unit to justice: Provided, That nothing in this
    section shall be construed to withhold funds made available by this Act
    from any unit of the security forces of a foreign country not credibly
    alleged to be involved in gross violations of human rights: Provided
    further, That in the event that funds are withheld from any unit
    pursuant to this section, the Secretary of State shall promptly inform
    the foreign government of the basis for such action and shall, to the
    maximum extent practicable, assist the foreign government in taking
    effective measures to bring the responsible members of the security
    forces to justice.

                         FOREIGN MILITARY TRAINING REPORT

        Sec. 554. The annual foreign military training report required by
    section 656 of the Foreign Assistance Act of 1961 shall be submitted by
    the Secretary of Defense and the Secretary of State to the Committees
    on Appropriations of the House of Representatives and the Senate by the
    date specified in that section.

                               ENVIRONMENT PROGRAMS

        Sec. 555. (a) Funding.--Of the funds appropriated under the heading
    ``Development Assistance'', not less than $155,000,000 shall be made
    available for programs and activities which directly protect
    biodiversity, including forests, in developing countries, of which
    $1,500,000 should be made available to improve the capacity of
    indigenous groups and local environmental organizations and law
    enforcement agencies to protect the biodiversity of indigenous reserves
    in the Amazon Basin region of Brazil, which amount shall be in addition
    to the amount requested in this Act for assistance for Brazil for
    fiscal year 2004: Provided, That not later than 1 year after enactment
    of this Act, the Secretary of State, in coordination with the
    Administrator of the United States Agency for International Development
    and other appropriate departments and agencies, and after consultation
    with appropriate governments and nongovernmental organizations, shall
    submit to the Committees on Appropriations a strategy for biodiversity
    conservation in the Amazon Basin region of South America: Provided
    further, That of the funds appropriated under the headings
    ``Development Assistance'' and ``Andean Counterdrug Initiative'', funds
    shall be made available in fiscal year 2004 to develop the strategy
    described in the previous proviso: Provided further, That of the funds
    appropriated by this Act, not less than $180,000,000 shall be made
    available to support policies and programs in developing countries that
    directly: (1) promote a wide range of energy conservation, energy
    efficiency and clean energy programs and activities, including the
    transfer of clean and environmentally sustainable energy technologies;
    (2) measure, monitor, and reduce greenhouse gas emissions; (3) increase
    carbon sequestration activities; and (4) enhance climate change
    mitigation and adaptation programs.
        (b) Climate Change Report.--Not later than 45 days after the date
    on which the President's fiscal year 2005 budget request is submitted
    to Congress, the President shall submit a report to the Committees on
    Appropriations describing in detail the following--
            (1) all Federal agency obligations and expenditures, domestic
        and international, for climate change programs and activities in
        fiscal year 2004, including an accounting of expenditures by agency
        with each agency identifying climate change activities and
        associated costs by line item as presented in the President's
        Budget Appendix; and
            (2) all fiscal year 2003 obligations and estimated
        expenditures, fiscal year 2004 estimated expenditures and estimated
        obligations, and fiscal year 2005 requested funds by the United
        States Agency for International Development, by country and central
        program, for each of the following: (i) to promote the transfer and
        deployment of a wide range of United States clean energy and energy
        efficiency technologies; (ii) to assist in the measurement,
        monitoring, reporting, verification, and reduction of greenhouse
        gas emissions; (iii) to promote carbon capture and sequestration
        measures; (iv) to help meet such countries' responsibilities under
        the Framework Convention on Climate Change; and (v) to develop
        assessments of the vulnerability to impacts of climate change and
        mitigation and adaptation response strategies.

                 REGIONAL PROGRAMS FOR EAST ASIA AND THE PACIFIC

        Sec. 556. Funds appropriated by this Act under the heading
    ``Economic Support Fund'' that are requested for ``Regional Democracy''
    assistance for East Asia and the Pacific shall be made available for
    the Human Rights and Democracy Fund of the Bureau for Democracy, Human
    Rights and Labor, Department of State.

                                     ZIMBABWE

        Sec. 557. The Secretary of the Treasury shall instruct the United
    States executive director to each international financial institution
    to vote against any extension by the respective institution of any
    loans, to the Government of Zimbabwe, except to meet basic human needs
    or to promote democracy, unless the Secretary of State determines and
    certifies to the Committees on Appropriations that the rule of law has
    been restored in Zimbabwe, including respect for ownership and title to
    property, freedom of speech and association.

                                      TIBET

        Sec. 558. (a) The Secretary of the Treasury should instruct the
    United States executive director to each international financial
    institution to use the voice and vote of the United States to support
    projects in Tibet if such projects do not provide incentives for the
    migration and settlement of non-Tibetans into Tibet or facilitate the
    transfer of ownership of Tibetan land and natural resources to non-
    Tibetans; are based on a thorough needs-assessment; foster self-
    sufficiency of the Tibetan people and respect Tibetan culture and
    traditions; and are subject to effective monitoring.
        (b) Notwithstanding any other provision of law, not less than
    $4,000,000 of the funds appropriated by this Act under the heading
    ``Economic Support Fund'' shall be made available to nongovernmental
    organizations to support activities which preserve cultural traditions
    and promote sustainable development and environmental conservation in
    Tibetan communities in the Tibetan Autonomous Region and in other
    Tibetan communities in China.

                            AUTHORIZATION REQUIREMENT

        Sec. 559. Funds appropriated by this Act may be obligated and
    expended notwithstanding section 10 of Public Law 91-672 and section 15
    of the State Department Basic Authorities Act of 1956.

                                     NIGERIA

        Sec. 560. None of the funds appropriated under the headings
    ``International Military Education and Training'' and ``Foreign
    Military Financing Program'' may be made available for assistance for
    Nigeria until the President certifies to the Committees on
    Appropriations that the Nigerian Minister of Defense, the Chief of the
    Army Staff, and the Minister of State for Defense/Army are suspending
    from the Armed Forces those members, of whatever rank, against whom
    there is credible evidence of gross violations of human rights in Benue
    State in October 2001, and the Government of Nigeria and the Nigerian
    Armed Forces are taking effective measures to bring such individuals to
    justice: Provided, That the President may waive such prohibition if he
    determines that doing so is in the national security interest of the
    United States: Provided further, That prior to exercising such waiver
    authority, the President shall submit a report to the Committees on
    Appropriations describing the involvement of the Nigerian Armed Forces
    in the incident in Benue State, the measures that are being taken to
    bring such individuals to justice, and whether any Nigerian Armed
    Forces units involved with the incident in Benue State are receiving
    United States assistance.

                                     cambodia

        Sec. 561. (a) The Secretary of the Treasury should instruct the
    United States executive directors of the international financial
    institutions to use the voice and vote of the United States to oppose
    loans to the Central Government of Cambodia, except loans to meet basic
    human needs.
        (b)(1) None of the funds appropriated by this Act may be made
    available for assistance for the Central Government of Cambodia.
        (2) Paragraph (1) shall not apply to assistance for basic
    education, reproductive and maternal and child health, cultural and
    historic preservation, programs for the prevention, treatment, and
    control of, and research on, HIV/AIDS, tuberculosis, malaria, polio and
    other infectious diseases, programs to combat human trafficking that
    are provided through nongovernmental organizations, and for the
    Ministry of Women and Veterans Affairs to combat human trafficking.
        (c) Of the funds appropriated by this Act under the heading
    ``Economic Support Fund'', up to $4,000,000 may be made available for
    activities to support democracy, including assistance for democratic
    political parties.
        (d) Funds appropriated by this Act to carry out provisions of
    section 541 of the Foreign Assistance Act of 1961 may be made available
    notwithstanding subsection (b) only if at least 15 days prior to the
    obligation of such funds, the Secretary of State provides to the
    Committees on Appropriations a list of those individuals who have been
    credibly alleged to have ordered or carried out extrajudicial and
    political killings that occurred during the March 1997 grenade attack
    against the Khmer Nation Party, the July 1997 coup d'etat, and election
    related violence that occurred during the 1998, 2002, and 2003
    elections in Cambodia.
        (e) None of the funds appropriated or otherwise made available by
    this Act may be used to provide assistance to any tribunal established
    by the Government of Cambodia.

                              palestinian statehood

        Sec. 562. (a) Limitation on Assistance.--None of the funds
    appropriated by this Act may be provided to support a Palestinian state
    unless the Secretary of State determines and certifies to the
    appropriate congressional committees that--
            (1) a new leadership of a Palestinian governing entity has been
        democratically elected through credible and competitive elections;
            (2) the elected governing entity of a new Palestinian state--
                (A) has demonstrated a firm commitment to peaceful co-
            existence with the State of Israel;
                (B) is taking appropriate measures to counter terrorism and
            terrorist financing in the West Bank and Gaza, including the
            dismantling of terrorist infrastructures; and
                (C) is establishing a new Palestinian security entity that
            is cooperative with appropriate Israeli and other appropriate
            security organizations; and
            (3) the Palestinian Authority (or the governing body of a new
        Palestinian state) is working with other countries in the region to
        vigorously pursue efforts to establish a just, lasting, and
        comprehensive peace in the Middle East that will enable Israel and
        an independent Palestinian state to exist within the context of
        full and normal relationships, which should include--
                (A) termination of all claims or states of belligerency;
                (B) respect for and acknowledgement of the sovereignty,
            territorial integrity, and political independence of every
            state in the area through measures including the establishment
            of demilitarized zones;
                (C) their right to live in peace within secure and
            recognized boundaries free from threats or acts of force;
                (D) freedom of navigation through international waterways
            in the area; and
                (E) a framework for achieving a just settlement of the
            refugee problem.
        (b) Sense of Congress.--It is the sense of Congress that the newly
    elected governing entity should enact a constitution assuring the rule
    of law, an independent judiciary, and respect for human rights for its
    citizens, and should enact other laws and regulations assuring
    transparent and accountable governance.
        (c) Waiver.--The President may waive subsection (a) if he
    determines that it is vital to the national security interests of the
    United States to do so.
        (d) Exemption.--The restriction in subsection (a) shall not apply
    to assistance intended to help reform the Palestinian Authority and
    affiliated institutions, or a newly elected governing entity, in order
    to help meet the requirements of subsection (a), consistent with the
    provisions of section 552 of this Act (``Limitation on Assistance to
    the Palestinian Authority'').

                                     COLOMBIA

        Sec. 563. (a) Determination and Certification Required.--
    Notwithstanding any other provision of law, funds appropriated by this
    Act that are available for assistance for the Colombian Armed Forces,
    may be made available as follows:
            (1) Up to 75 percent of such funds may be obligated prior to a
        determination and certification by the Secretary of State pursuant
        to paragraph (2).
            (2) Up to 12.5 percent of such funds may be obligated only
        after the Secretary of State certifies and reports to the
        appropriate congressional committees that:
                (A) The Commander General of the Colombian Armed Forces is
            suspending from the Armed Forces those members, of whatever
            rank who, according to the Minister of Defense or the
            Procuraduria General de la Nacion, have been credibly alleged
            to have committed gross violations of human rights, including
            extra-judicial killings, or to have aided or abetted
            paramilitary organizations.
                (B) The Colombian Government is vigorously investigating
            and prosecuting those members of the Colombian Armed Forces, of
            whatever rank, who have been credibly alleged to have committed
            gross violations of human rights, including extra-judicial
            killings, or to have aided or abetted paramilitary
            organizations, and is promptly punishing those members of the
            Colombian Armed Forces found to have committed such violations
            of human rights or to have aided or abetted paramilitary
            organizations.
                (C) The Colombian Armed Forces have made substantial
            progress in cooperating with civilian prosecutors and judicial
            authorities in such cases (including providing requested
            information, such as the identity of persons suspended from the
            Armed Forces and the nature and cause of the suspension, and
            access to witnesses, relevant military documents, and other
            requested information).
                (D) The Colombian Armed Forces have made substantial
            progress in severing links (including denying access to
            military intelligence, vehicles, and other equipment or
            supplies, and ceasing other forms of active or tacit
            cooperation) at the command, battalion, and brigade levels,
            with paramilitary organizations, especially in regions where
            these organizations have a significant presence.
                (E) The Colombian Armed Forces are dismantling paramilitary
            leadership and financial networks by arresting commanders and
            financial backers, especially in regions where these networks
            have a significant presence.
            (3) The balance of such funds may be obligated after July 31,
        2004, if the Secretary of State certifies and reports to the
        appropriate congressional committees, after such date, that the
        Colombian Armed Forces are continuing to meet the conditions
        contained in paragraph (2) and are conducting vigorous operations
        to restore government authority and respect for human rights in
        areas under the effective control of paramilitary and guerrilla
        organizations.
        (b) Congressional Notification.--Funds made available by this Act
    for the Colombian Armed Forces shall be subject to the regular
    notification procedures of the Committees on Appropriations.
        (c) Consultative Process.--Not later than 60 days after the date of
    enactment of this Act, and every 90 days thereafter until September 30,
    2005, the Secretary of State shall consult with internationally
    recognized human rights organizations regarding progress in meeting the
    conditions contained in that subsection.
        (d) Definitions.--In this section:
            (1) Aided or abetted.--The term ``aided or abetted'' means to
        provide any support to paramilitary groups, including taking
        actions which allow, facilitate, or otherwise foster the activities
        of such groups.
            (2) Paramilitary groups.--The term ``paramilitary groups''
        means illegal self-defense groups and illegal security
        cooperatives.

                               ILLEGAL ARMED GROUPS

        Sec. 564. (a) Denial of Visas to Supporters of Colombian Illegal
    Armed Groups.--Subject to subsection (b), the Secretary of State shall
    not issue a visa to any alien who the Secretary determines, based on
    credible evidence--
            (1) has willfully provided any support to the Revolutionary
        Armed Forces of Colombia (FARC), the National Liberation Army
        (ELN), or the United Self-Defense Forces of Colombia (AUC),
        including taking actions or failing to take actions which allow,
        facilitate, or otherwise foster the activities of such groups; or
            (2) has committed, ordered, incited, assisted, or otherwise
        participated in the commission of gross violations of human rights,
        including extra-judicial killings, in Colombia.
        (b) Waiver.--Subsection (a) shall not apply if the Secretary of
    State determines and certifies to the appropriate congressional
    committees, on a case-by-case basis, that the issuance of a visa to the
    alien is necessary to support the peace process in Colombia or for
    urgent humanitarian reasons.

      PROHIBITION ON ASSISTANCE TO THE PALESTINIAN BROADCASTING CORPORATION

        Sec. 565. None of the funds appropriated or otherwise made
    available by this Act may be used to provide equipment, technical
    support, consulting services, or any other form of assistance to the
    Palestinian Broadcasting Corporation.

                            west bank and gaza program

        Sec. 566. (a) Oversight.--For fiscal year 2004, 30 days prior to
    the initial obligation of funds for the bilateral West Bank and Gaza
    Program, the Secretary of State shall certify to the appropriate
    committees of Congress that procedures have been established to assure
    the Comptroller General of the United States will have access to
    appropriate United States financial information in order to review the
    uses of United States assistance for the Program funded under the
    heading ``Economic Support Fund'' for the West Bank and Gaza.
        (b) Vetting.--Prior to the obligation of funds appropriated by this
    Act under the heading ``Economic Support Fund'' for assistance for the
    West Bank and Gaza, the Secretary of State shall take all appropriate
    steps to ensure that such assistance is not provided to or through any
    individual or entity that the Secretary knows or has reason to believe
    advocates, plans, sponsors, engages in, or has engaged in, terrorist
    activity. The Secretary of State shall, as appropriate, establish
    procedures specifying the steps to be taken in carrying out this
    subsection.
        (c) Audits.--(1) The Administrator of the United States Agency for
    International Development shall ensure that Federal or non-Federal
    audits of all contractors and grantees, and significant subcontractors
    and subgrantees, under the West Bank and Gaza Program, are conducted at
    least on an annual basis to ensure, among other things, compliance with
    this section.
        (2) Of the funds appropriated by this Act under the heading
    ``Economic Support Fund'' that are made available for assistance for
    the West Bank and Gaza, up to $1,000,000 may be used by the Office of
    the Inspector General of the United States Agency for International
    Development for audits, inspections, and other activities in
    furtherance of the requirements of this subsection. Such funds are in
    addition to funds otherwise available for such purposes.

                 contributions to united nations population fund

        Sec. 567. (a) Limitations on Amount of Contribution.--Of the
    amounts made available under ``International Organizations and
    Programs'' and ``Child Survival and Health Programs Fund'' for fiscal
    year 2004, the amount cited in section 576 of Public Law 107-115 shall
    be made available for the United Nations Population Fund (hereafter in
    this section referred to as the ``UNFPA'').
        (b) Family Planning, Maternal and Reproductive Health Activities.--
    Of the funds appropriated in Public Law 107-115 that were available for
    the UNFPA, including all funds that were transferred to ``Child
    Survival and Health Programs Fund'', $34,000,000 shall be made
    available for family planning, maternal and reproductive health
    activities in the Democratic Republic of the Congo, Ethiopia, Nigeria,
    Tanzania, Uganda, Haiti, Georgia, Azerbaijan, Russia, Albania, Romania,
    and Kazakhstan: Provided, That such programs and activities shall be
    deemed to have been justified to Congress.
        (c) Trafficking Initiative.--Of the funds appropriated in Public
    Law 108-7 that were available for the UNFPA and that were transferred
    to ``Child Survival and Health Programs Fund'', $25,000,000 shall be
    allocated for assistance for ``vulnerable children'' and made available
    for a new initiative for assistance for young women, mothers and
    children who are victims of trafficking in persons: Provided, That such
    programs and activities shall be deemed to have been justified to
    Congress.
        (d) Prohibition on Use of Funds in China.--None of the funds made
    available under ``International Organizations and Programs'' may be
    made available for the UNFPA for a country program in the People's
    Republic of China.
        (e) Conditions on Availability of Funds.--Amounts made available
    under ``International Organizations and Programs'' and ``Child Survival
    and Health Programs Fund'' for fiscal year 2004 for the UNFPA may not
    be made available to UNFPA unless--
            (1) the UNFPA maintains amounts made available to the UNFPA
        under this section in an account separate from other accounts of
        the UNFPA;
            (2) the UNFPA does not commingle amounts made available to the
        UNFPA under this section with other sums; and
            (3) the UNFPA does not fund abortions.

                                   central asia

        Sec. 568. (a) Funds appropriated by this Act may be made available
    for assistance for the central Government of Uzbekistan only if the
    Secretary of State determines and reports to the Committees on
    Appropriations that the Government of Uzbekistan is making substantial
    and continuing progress in meeting its commitments under the
    ``Declaration on the Strategic Partnership and Cooperation Framework
    Between the Republic of Uzbekistan and the United States of America'',
    including respect for human rights, establishing a genuine multi-party
    system, and ensuring free and fair elections, freedom of expression,
    and the independence of the media.
        (b) Funds appropriated by this Act may be made available for
    assistance for the Government of Kazakhstan only if the Secretary of
    State determines and reports to the Committees on Appropriations that
    the Government of Kazakhstan has made significant improvements in the
    protection of human rights during the preceding 6-month period.
        (c) The Secretary of State may waive the requirements under
    subsection (b) if he determines and reports to the Committees on
    Appropriations that such a waiver is in the national security interests
    of the United States.
        (d) Not later than October 1, 2004, the Secretary of State shall
    submit a report to the Committees on Appropriations and the Committee
    on Foreign Relations of the Senate and the Committee on International
    Relations of the House of Representatives describing the following:
            (1) The defense articles, defense services, and financial
        assistance provided by the United States to the countries of
        Central Asia during the 6-month period ending 30 days prior to
        submission of such report.
            (2) The use during such period of defense articles, defense
        services, and financial assistance provided by the United States by
        units of the armed forces, border guards, or other security forces
        of such countries.
        (e) For purposes of this section, the term ``countries of Central
    Asia'' means Uzbekistan, Kazakhstan, Kyrgyz Republic, Tajikistan, and
    Turkmenistan.

         DISCRIMINATION AGAINST MINORITY RELIGIOUS FAITHS IN THE RUSSIAN
                                   FEDERATION

        Sec. 569. None of the funds appropriated under this Act may be made
    available for the Government of the Russian Federation, after 180 days
    from the date of the enactment of this Act, unless the President
    determines and certifies in writing to the Committees on Appropriations
    that the Government of the Russian Federation has implemented no
    statute, Executive order, regulation or similar government action that
    would discriminate, or who have as its principal effect discrimination,
    against religious groups or religious communities in the Russian
    Federation in violation of accepted international agreements on human
    rights and religious freedoms to which the Russian Federation is a
    party.

                                  WAR CRIMINALS

        Sec. 570. (a)(1) None of the funds appropriated or otherwise made
    available pursuant to this Act may be made available for assistance,
    and the Secretary of the Treasury shall instruct the United States
    executive directors to the international financial institutions to vote
    against any new project involving the extension by such institutions of
    any financial or technical assistance, to any country, entity, or
    municipality whose competent authorities have failed, as determined by
    the Secretary of State, to take necessary and significant steps to
    implement its international legal obligations to apprehend and transfer
    to the International Criminal Tribunal for the former Yugoslavia (the
    ``Tribunal'') all persons in their territory who have been indicted by
    the Tribunal and to otherwise cooperate with the Tribunal.
        (2) The provisions of this subsection shall not apply to
    humanitarian assistance or assistance for democratization.
        (b) The provisions of subsection (a) shall apply unless the
    Secretary of State determines and reports to the appropriate
    congressional committees that the competent authorities of such
    country, entity, or municipality are--
            (1) cooperating with the Tribunal, including access for
        investigators to archives and witnesses, the provision of
        documents, and the surrender and transfer of indictees or
        assistance in their apprehension; and
            (2) are acting consistently with the Dayton Accords.
        (c) Not less than 10 days before any vote in an international
    financial institution regarding the extension of any new project
    involving financial or technical assistance or grants to any country or
    entity described in subsection (a), the Secretary of the Treasury, in
    consultation with the Secretary of State, shall provide to the
    Committees on Appropriations a written justification for the proposed
    assistance, including an explanation of the United States position
    regarding any such vote, as well as a description of the location of
    the proposed assistance by municipality, its purpose, and its intended
    beneficiaries.
        (d) In carrying out this section, the Secretary of State, the
    Administrator of the United States Agency for International
    Development, and the Secretary of the Treasury shall consult with
    representatives of human rights organizations and all government
    agencies with relevant information to help prevent indicted war
    criminals from benefiting from any financial or technical assistance or
    grants provided to any country or entity described in subsection (a).
        (e) The Secretary of State may waive the application of subsection
    (a) with respect to projects within a country, entity, or municipality
    upon a written determination to the Committees on Appropriations that
    such assistance directly supports the implementation of the Dayton
    Accords.
        (f) Definitions.--As used in this section--
            (1) Country.--The term ``country'' means Bosnia and
        Herzegovina, Croatia and Serbia.
            (2) Entity.--The term ``entity'' refers to the Federation of
        Bosnia and Herzegovina, Kosovo, Montenegro and the Republika
        Srpska.
            (3) Municipality.--The term ``municipality'' means a city, town
        or other subdivision within a country or entity as defined herein.
            (4) Dayton accords.--The term ``Dayton Accords'' means the
        General Framework Agreement for Peace in Bosnia and Herzegovina,
        together with annexes relating thereto, done at Dayton, November 10
        through 16, 1995.

                                    User Fees

        Sec. 571. The Secretary of the Treasury shall instruct the United
    States Executive Director at each international financial institution
    (as defined in section 1701(c)(2) of the International Financial
    Institutions Act) and the International Monetary Fund to oppose any
    loan, grant, strategy or policy of these institutions that would
    require user fees or service charges on poor people for primary
    education or primary healthcare, including prevention and treatment
    efforts for HIV/AIDS, malaria, tuberculosis, and infant, child, and
    maternal well-being, in connection with the institutions' financing
    programs.

                                funding for serbia

        Sec. 572. (a) Funds appropriated by this Act may be made available
    for assistance for Serbia after March 31, 2004, if the President has
    made the determination and certification contained in subsection (c).
        (b) After March 31, 2004, the Secretary of the Treasury should
    instruct the United States executive directors to the international
    financial institutions to support loans and assistance to the
    Government of the Federal Republic of Yugoslavia (or a government of a
    successor state) subject to the conditions in subsection (c): Provided,
    That section 576 of the Foreign Operations, Export Financing, and
    Related Programs Appropriations Act, 1997, as amended, shall not apply
    to the provision of loans and assistance to the Federal Republic of
    Yugoslavia (or a successor state) through international financial
    institutions.
        (c) The determination and certification referred to in subsection
    (a) is a determination by the President and a certification to the
    Committees on Appropriations that the Government of the Federal
    Republic of Yugoslavia (or a government of a successor state) is--
            (1) cooperating with the International Criminal Tribunal for
        the former Yugoslavia including access for investigators, the
        provision of documents, and the surrender and transfer of indictees
        or assistance in their apprehension, including making all
        practicable efforts to apprehend and transfer Ratko Mladic;
            (2) taking steps that are consistent with the Dayton Accords to
        end Serbian financial, political, security and other support which
        has served to maintain separate Republika Srpska institutions; and
            (3) taking steps to implement policies which reflect a respect
        for minority rights and the rule of law, including the release of
        political prisoners from Serbian jails and prisons.
        (d) This section shall not apply to Montenegro, Kosovo,
    humanitarian assistance or assistance to promote democracy in
    municipalities.

                        Community-Based Police Assistance

        Sec. 573. (a) Authority.--Funds made available by this Act to carry
    out the provisions of chapter 1 of part I and chapter 4 of part II of
    the Foreign Assistance Act of 1961, may be used, notwithstanding
    section 660 of that Act, to enhance the effectiveness and
    accountability of civilian police authority in Jamaica and El Salvador
    through training and technical assistance in human rights, the rule of
    law, strategic planning, and through assistance to foster civilian
    police roles that support democratic governance including assistance
    for programs to prevent conflict and foster improved police relations
    with the communities they serve.
        (b) Notification.--Assistance provided under subsection (a) shall
    be subject to the regular notification procedures of the Committees on
    Appropriations.

                       Special Debt Relief for the Poorest

        Sec. 574. (a) Authority to Reduce Debt.--The President may reduce
    amounts owed to the United States (or any agency of the United States)
    by an eligible country as a result of--
            (1) guarantees issued under sections 221 and 222 of the Foreign
        Assistance Act of 1961;
            (2) credits extended or guarantees issued under the Arms Export
        Control Act; or
            (3) any obligation or portion of such obligation, to pay for
        purchases of United States agricultural commodities guaranteed by
        the Commodity Credit Corporation under export credit guarantee
        programs authorized pursuant to section 5(f) of the Commodity
        Credit Corporation Charter Act of June 29, 1948, as amended,
        section 4(b) of the Food for Peace Act of 1966, as amended (Public
        Law 89-808), or section 202 of the Agricultural Trade Act of 1978,
        as amended (Public Law 95-501).
        (b) Limitations.--
            (1) The authority provided by subsection (a) may be exercised
        only to implement multilateral official debt relief and referendum
        agreements, commonly referred to as ``Paris Club Agreed Minutes''.
            (2) The authority provided by subsection (a) may be exercised
        only in such amounts or to such extent as is provided in advance by
        appropriations Acts.
            (3) The authority provided by subsection (a) may be exercised
        only with respect to countries with heavy debt burdens that are
        eligible to borrow from the International Development Association,
        but not from the International Bank for Reconstruction and
        Development, commonly referred to as ``IDA-only'' countries.
        (c) Conditions.--The authority provided by subsection (a) may be
    exercised only with respect to a country whose government--
            (1) does not have an excessive level of military expenditures;
            (2) has not repeatedly provided support for acts of
        international terrorism;
            (3) is not failing to cooperate on international narcotics
        control matters;
            (4) (including its military or other security forces) does not
        engage in a consistent pattern of gross violations of
        internationally recognized human rights; and
            (5) is not ineligible for assistance because of the application
        of section 527 of the Foreign Relations Authorization Act, Fiscal
        Years 1994 and 1995.
        (d) Availability of Funds.--The authority provided by subsection
    (a) may be used only with regard to the funds appropriated by this Act
    under the heading ``Debt Restructuring''.
        (e) Certain Prohibitions Inapplicable.--A reduction of debt
    pursuant to subsection (a) shall not be considered assistance for the
    purposes of any provision of law limiting assistance to a country. The
    authority provided by subsection (a) may be exercised notwithstanding
    section 620(r) of the Foreign Assistance Act of 1961 or section 321 of
    the International Development and Food Assistance Act of 1975.

                  Authority to Engage in Debt Buybacks or Sales

        Sec. 575. (a) Loans Eligible for Sale, Reduction, or
    Cancellation.--
            (1) Authority to sell, reduce, or cancel certain loans.--
        Notwithstanding any other provision of law, the President may, in
        accordance with this section, sell to any eligible purchaser any
        concessional loan or portion thereof made before January 1, 1995,
        pursuant to the Foreign Assistance Act of 1961, to the government
        of any eligible country as defined in section 702(6) of that Act or
        on receipt of payment from an eligible purchaser, reduce or cancel
        such loan or portion thereof, only for the purpose of
        facilitating--
                (A) debt-for-equity swaps, debt-for-development swaps, or
            debt-for-nature swaps; or
                (B) a debt buyback by an eligible country of its own
            qualified debt, only if the eligible country uses an additional
            amount of the local currency of the eligible country, equal to
            not less than 40 percent of the price paid for such debt by
            such eligible country, or the difference between the price paid
            for such debt and the face value of such debt, to support
            activities that link conservation and sustainable use of
            natural resources with local community development, and child
            survival and other child development, in a manner consistent
            with sections 707 through 710 of the Foreign Assistance Act of
            1961, if the sale, reduction, or cancellation would not
            contravene any term or condition of any prior agreement
            relating to such loan.
            (2) Terms and conditions.--Notwithstanding any other provision
        of law, the President shall, in accordance with this section,
        establish the terms and conditions under which loans may be sold,
        reduced, or canceled pursuant to this section.
            (3) Administration.--The Facility, as defined in section 702(8)
        of the Foreign Assistance Act of 1961, shall notify the
        administrator of the agency primarily responsible for administering
        part I of the Foreign Assistance Act of 1961 of purchasers that the
        President has determined to be eligible, and shall direct such
        agency to carry out the sale, reduction, or cancellation of a loan
        pursuant to this section. Such agency shall make adjustment in its
        accounts to reflect the sale, reduction, or cancellation.
            (4) Limitation.--The authorities of this subsection shall be
        available only to the extent that appropriations for the cost of
        the modification, as defined in section 502 of the Congressional
        Budget Act of 1974, are made in advance.
        (b) Deposit of Proceeds.--The proceeds from the sale, reduction, or
    cancellation of any loan sold, reduced, or canceled pursuant to this
    section shall be deposited in the United States Government account or
    accounts established for the repayment of such loan.
        (c) Eligible Purchasers.--A loan may be sold pursuant to subsection
    (a)(1)(A) only to a purchaser who presents plans satisfactory to the
    President for using the loan for the purpose of engaging in debt-for-
    equity swaps, debt-for-development swaps, or debt-for-nature swaps.
        (d) Debtor Consultations.--Before the sale to any eligible
    purchaser, or any reduction or cancellation pursuant to this section,
    of any loan made to an eligible country, the President should consult
    with the country concerning the amount of loans to be sold, reduced, or
    canceled and their uses for debt-for-equity swaps, debt-for-development
    swaps, or debt-for-nature swaps.
        (e) Availability of Funds.--The authority provided by subsection
    (a) may be used only with regard to funds appropriated by this Act
    under the heading ``Debt Restructuring''.

                             Disaster Surge Capacity

        Sec. 576. Funds appropriated by this Act to carry out part I of the
    Foreign Assistance Act of 1961 may be used, in addition to funds
    otherwise available for such purposes, for the cost (including the
    support costs) of individuals detailed to or employed by the United
    States Agency for International Development whose primary
    responsibility is to carry out programs to address natural or manmade
    disasters or programs under the heading ``Transition Initiatives''.

                                ifad Authorization

        Sec. 577. The Secretary of the Treasury may, to fulfill commitments
    of the United States, contribute on behalf of the United States to the
    sixth replenishment of the resources of the International Fund for
    Agricultural Development. The following amount is authorized to be
    appropriated without fiscal year limitation for payment by the
    Secretary of the Treasury: $45,000,000 for the International Fund for
    Agricultural Development.

                  Philippine Education and Health Infrastructure

        Sec. 578. Of the funds appropriated under ``Economic Support Fund''
    for the Philippines in Public Law 108-11, the Emergency Wartime
    Supplemental Appropriations Act, 2003, $600,000 shall be available only
    for upgrading education and health infrastructure in the Sulu
    Archipelago.

                                 Basic Education

        Sec. 579. Of the funds appropriated by title II of this Act, not
    less than $326,500,000 shall be made available for basic education:
    Provided, That the Secretary of State, in consultation with the
    Administrator of the United States Agency for International Development
    (USAID), shall submit a report not later than 120 days after enactment
    of this Act articulating a strategy for the use of basic education
    funds in Africa, East Asia and the Pacific, the Near East, South Asia,
    and the Western Hemisphere (excluding the United States) to include--
            (1) country strategies and brief project descriptions of the
        uses and proposed uses of all United States Government resources
        for basic education overseas;
            (2) a detailed description of the administrative structure
        currently in place to manage strategic coordination undertaken
        among the State Department, USAID and other agencies involved in
        international basic education activities; and
            (3) a description of actions being taken to expand the
        administrative capacity of both USAID and the State Department to
        deliver effective expanded basic education programs.

      participation in the thirteenth replenishment of the resources of the
                     international development association

        Sec. 580. The International Development Association Act (22 U.S.C.
    284-284s) is amended by adding at the end the following:

    ``SEC. 22. THIRTEENTH REPLENISHMENT.

        ``(a) Contribution Authority.--
            ``(1) In general.--The United States Governor of the
        Association may contribute on behalf of the United States an amount
        equal to the amount appropriated under subsection (b), pursuant to
        the resolution of the Association entitled `Additions to IDA
        Resources: Thirteenth Replenishment'.
            ``(2) Subject to appropriations.--Any commitment to make the
        contribution authorized by paragraph (1) shall be effective only to
        such extent or in such amounts as are provided in advance in
        appropriations Acts.
        ``(b) Limitations on Authorization of Appropriations.--For the
    contribution authorized by subsection (a), there are authorized to be
    appropriated such sums as may be necessary for payment by the Secretary
    of the Treasury, without fiscal year limitation.''.

          administrative provisions related to multilateral development
                                  institutions

        Sec. 581. Title XV of the International Financial Institutions Act
    (22 U.S.C. 262o--262o-2) is amended by adding at the end the following:

    ``SEC. 1504. ADMINISTRATIVE PROVISIONS.

        ``(a) Achievement of Certain Policy Goals.--The Secretary of the
    Treasury should instruct the United States Executive Director at each
    multilateral development institution to inform the institution of the
    following United States policy goals, and use the voice and vote of the
    United States to achieve the goals at the institution before June 30,
    2005:
            ``(1) No later than 60 calendar days after the Board of
        Directors of the institution approves the minutes of a Board
        meeting, the institution shall post on its website an electronic
        version of the minutes, with material deemed too sensitive for
        public distribution redacted.
            ``(2) The institution shall keep a written transcript or
        electronic recording of each meeting of its Board of Directors and
        preserve the transcript or recording for at least 10 years after
        the meeting.
            ``(3) All public sector loan, credit and grant documents,
        country assistance strategies, sector strategies, and sector
        policies prepared by the institution and presented for endorsement
        or approval by its Board of Directors, with materials deemed too
        sensitive for public distribution redacted or withheld, shall be
        made available to the public 15 calendar days before consideration
        by the Board or, if not then available, when the documents are
        distributed to the Board. Such documents shall include the
        resources and conditionality necessary to ensure that the borrower
        complies with applicable laws in carrying out the terms and
        conditions of such documents, strategies, or policies, including
        laws pertaining to the integrity and transparency of the process
        such as public consultation, and to public health and safety and
        environmental protection.
            ``(4) The institution shall post on its website an annual
        report containing statistical summaries and case studies of the
        fraud and corruption cases pursued by its investigations unit.
            ``(5) The institution shall require that any health, education,
        or poverty-focused loan, credit, grant, document, policy, or
        strategy prepared by the institution includes specific outcome and
        output indicators to measure results, and that the indicators and
        results be published periodically during the execution, and at the
        completion, of the project or program.
            ``(6) The institution shall establish a plan and schedule for
        conducting regular, independent audits of internal management
        controls and procedures for meeting operational objectives,
        complying with Bank policies, and preventing fraud, and making
        reports describing the scope and findings of such audits available
        to the public.
            ``(7) The institution shall establish effective procedures for
        the receipt, retention, and treatment of: (A) complaints received
        by the Bank regarding fraud, accounting, mismanagement, internal
        accounting controls, or auditing matters; and (B) the confidential,
        anonymous submission by employees of the Bank of concerns regarding
        fraud, accounting, mismanagement, internal accounting controls, or
        auditing matters.
        ``(b) Not later than September 1, 2004, and 6 months thereafter,
    the Secretary of the Treasury shall submit a report to the appropriate
    congressional committees describing the actions taken by each
    multilateral development institution to implement the policy goals
    described in subsection (a), and any further actions that need to be
    taken to fully implement such goals.
        ``(c) Publication of Written Statements Regarding Inspection
    Mechanism Cases.--No later than 60 calendar days after a meeting of the
    Board of Directors of a multilateral development institution, the
    Secretary of the Treasury should provide for publication on the website
    of the Department of the Treasury of any written statement presented at
    the meeting by the United States Executive Director at the institution
    concerning--
            ``(1) a project on which a claim has been made to the
        inspection mechanism of the institution; or
            ``(2) a pending inspection mechanism case.
        ``(d) Congressional Briefings.--The Secretary of the Treasury or
    the designee of the Secretary should brief the appropriate
    congressional committees, when requested, on the steps that have been
    taken by the United States Executive Director at any multilateral
    development institution, and by any such institution, to implement the
    measures described in this section.
        ``(e) Publication of `No' Votes and Abstentions by the United
    States.--Each month, the Secretary of the Treasury should provide for
    posting on the website of the Department of the Treasury of a record of
    all `no' votes and abstentions made by the United States Executive
    Director at any multilateral development institution on any matter
    before the Board of Directors of the institution.
        ``(f) Multilateral Development Institution Defined.--In this
    section, the term `multilateral development institution' shall have the
    meaning given in section 1701(c)(3).''.

       participation in the seventh replenishment of the resources of the
                             asian development fund

        Sec. 582. The Asian Development Bank Act (22 U.S.C. 285-285aa) is
    amended by adding at the end the following:

    ``SEC. 31. ADDITIONAL CONTRIBUTION TO SPECIAL FUNDS.

        ``(a) Contribution Authority.--
            ``(1) In general.--The United States Governor of the Bank may
        contribute on behalf of the United States an amount equal to the
        amount appropriated under subsection (b), pursuant to the
        resolution of the Bank entitled `Seventh Replenishment of the Asian
        Development Fund'.
            ``(2) Subject to appropriations.--Any commitment to make the
        contribution authorized by paragraph (1) shall be effective only to
        such extent or in such amounts as are provided in advance in
        appropriations Acts.
        ``(b) Limitations on Authorization of Appropriations.--For the
    contribution authorized by subsection (a), there are authorized to be
    appropriated such sums as may be necessary for payment by the Secretary
    of the Treasury, without fiscal year limitation.''.

        participation in the ninth replenishment of the resources of the
                            african development fund

        Sec. 583. The African Development Fund Act (22 U.S.C. 290g--290g-
    15) is amended by adding at the end the following:

    ``SEC. 217. NINTH REPLENISHMENT.

        ``(a) Contribution Authority.--
            ``(1) In general.--The United States Governor of the Fund may
        contribute on behalf of the United States an amount equal to the
        amount appropriated under subsection (b), pursuant to the
        resolution of the Fund entitled `The Ninth General Replenishment of
        Resources of the African Development Fund'.
            ``(2) Subject to appropriations.--Any commitment to make the
        contribution authorized by paragraph (1) shall be effective only to
        such extent or in such amounts as are provided in advance in
        appropriations Acts.
        ``(b) Limitations on Authorization of Appropriations.--For the
    contribution authorized by subsection (a), there are authorized to be
    appropriated such sums as may be necessary for payment by the Secretary
    of the Treasury, without fiscal year limitation.''.

         OVERSEAS PRIVATE INVESTMENT CORPORATION AND EXPORT-IMPORT BANK
                                  RESTRICTIONS

        Sec. 584. (a) Limitation on Use of Funds by OPIC.--None of the
    funds made available in this Act may be used by the Overseas Private
    Investment Corporation to insure, reinsure, guarantee, or finance any
    investment in connection with a project involving the mining, polishing
    or other processing, or sale of diamonds in a country that fails to
    meet the requirements of subsection (c).
        (b) Limitation on Use of Funds by the Export-Import Bank.--None of
    the funds made available in this Act may be used by the Export-Import
    Bank of the United States to guarantee, insure, extend credit, or
    participate in an extension of credit in connection with the export of
    any goods to a country for use in an enterprise involving the mining,
    polishing or other processing, or sale of diamonds in a country that
    fails to meet the requirements of subsection (c).
        (c) Requirements.--The requirements referred to in subsections (a)
    and (b) are that the country concerned is implementing the
    recommendations, obligations and requirements developed by the
    Kimberley Process on conflict diamonds.

                             reconciliation programs

        Sec. 585. Of the funds appropriated under the headings ``Economic
    Support Fund'', not less than $8,000,000 shall be made available to
    support reconciliation programs and activities which bring together
    individuals of different ethnic, religious, and political backgrounds
    from areas of civil conflict and war.

                                    NICARAGUA

        Sec. 586. Of the funds appropriated under the headings
    ``Development Assistance'' and ``Child Survival and Health Programs
    Fund'', not less than $35,000,000 shall be made available for
    assistance for Nicaragua.

                                DISABILITY ACCESS

        Sec. 587. The Administrator of the United States Agency for
    International Development (``USAID'') shall seek to ensure that
    programs, projects, and activities administered by USAID in Afghanistan
    comply fully with USAID's ``Policy Paper: Disability'' issued on
    September 12, 1997: Provided, That the Administrator shall submit a
    report to the Committees on Appropriations not later than December 31,
    2004, describing the manner in which the needs of people with
    disabilities were met in the development and implementation of USAID
    programs, projects, and activities in Afghanistan in fiscal year 2004:
    Provided further, That the Administrator, not later than 180 days after
    enactment of this Act and in consultation, as appropriate, with other
    appropriate departments and agencies, the Architectural and
    Transportation Barriers Compliance Board, and nongovernmental
    organizations with expertise in the needs of people with disabilities,
    shall develop and implement appropriate standards for access for people
    with disabilities for construction projects funded by USAID.

                             trade capacity building

        Sec. 588. Of the funds appropriated by this Act, under the headings
    ``Trade and Development Agency'', ``Development Assistance'',
    ``Transition Initiatives'', ``Economic Support Fund'', ``International
    Affairs Technical Assistance'', and ``International Organizations and
    Programs'', not less than $503,000,000 should be made available for
    trade capacity building assistance.

                               war crimes in africa

        Sec. 589. (a) The Congress recognizes the important contribution
    that the democratically elected Government of Nigeria has played in
    fostering stability in West Africa, including reaching an agreement
    with the Government of Liberia to provide relief and promote
    reconciliation in that nation. The Congress also recognizes the
    important contributions of other African nations and supports continued
    assistance aimed at resolving the conflicts that have destabilized West
    Africa and the Great Lakes region.
        (b) The Congress reaffirms its support for the efforts of the
    International Criminal Tribunal for Rwanda (ICTR) and the Special Court
    for Sierra Leone (SCSL) to bring to justice individuals responsible for
    war crimes and crimes against humanity in a timely manner.
        (c) Funds appropriated by this Act, including funds for debt
    restructuring, may be made available for assistance to the central
    government of a country in which individuals indicted by ICTR and SCSL
    are credibly alleged to be living, if the Secretary of State determines
    and reports to the Committees on Appropriations that such government is
    cooperating with ICTR and SCSL, including the surrender and transfer of
    indictees in a timely manner: Provided, That this subsection shall not
    apply to assistance provided under section 551 of the Foreign
    Assistance Act of 1961 or to project assistance under title II of this
    Act: Provided further, That the United States shall use its voice and
    vote in the United Nations Security Council to fully support efforts by
    ICTR and SCSL to bring to justice individuals indicted by such
    tribunals in a timely manner.
        (d) The prohibition in subsection (c) may be waived on a country by
    country basis if the President determines that doing so is in the
    national security interest of the United States: Provided, That prior
    to exercising such waiver authority, the President shall report to the
    Committees on Appropriations, in classified form if necessary, on: (1)
    the steps being taken to obtain the cooperation of the government in
    surrendering the indictee in question to SCSL or ICTR; (2) a strategy
    for bringing the indictee before ICTR or SCSL; and (3) the
    justification for exercising the waiver authority.
        (e) Of the funds made available under the heading ``Economic
    Support Fund'' in Public Law 108-7, not less than $5,000,000 shall be
    made available during fiscal year 2004 for a contribution to the
    Special Court of Sierra Leone: Provided, That funds made available
    under the previous proviso shall be disbursed no later than 30 days
    after enactment of this Act.

                        report on admission of refugees

        Sec. 590. (a) The Secretary of State shall utilize private
    voluntary organizations with expertise in the protection needs of
    refugees in the processing of refugees overseas for admission and
    resettlement to the United States, and shall utilize such agencies in
    addition to the United Nations High Commissioner for Refugees in the
    identification and referral of refugees.
        (b) The Secretary of State should establish a system for accepting
    referrals of appropriate candidates for resettlement from local
    private, voluntary organizations and work to ensure that particularly
    vulnerable refugee groups receive special consideration for admission
    into the United States, including--
            (1) long-stayers in countries of first asylum;
            (2) unaccompanied refugee minors;
            (3) refugees outside traditional camp settings; and
            (4) refugees in woman-headed households.
        (c) The Secretary of State shall give special consideration to--
            (1) refugees of all nationalities who have close family ties to
        citizens and residents of the United States; and
            (2) other groups of refugees who are of special concern to the
        United States.
        (d) Not later than 120 days after the date of enactment of this
    Act, the Secretary of State shall submit a report to the Committees on
    Appropriations describing the steps that have been taken to implement
    this section.

                  post differentials and danger pay allowances

        Sec. 591. (a) Section 5925(a) of title 5, United States Code, is
    amended in the third sentence by inserting after ``25 percent of the
    rate of basic pay'' the following: ``or, in the case of an employee of
    the United States Agency for International Development, 35 percent of
    the rate of basic pay''.
        (b) Section 5928 of title 5, United States Code, is amended by
    inserting after ``25 percent of the basic pay of the employee'' both
    places it appears the following: ``or 35 percent of the basic pay of
    the employee in the case of an employee of the United States Agency for
    International Development''.
        (c) Except for employees of the United States Agency for
    International Development stationed in Iraq and Afghanistan, the
    amendments made by subsections (a) and (b) shall not take effect until
    the same authority is enacted for employees of the Department of State.

                               report on azerbaijan

        Sec. 592. Not later than 90 days after the date of the enactment of
    this Act, the Secretary of State, in consultation with the Attorney
    General, shall submit a report to the Committee on Foreign Relations
    and the Committee on Appropriations of the Senate and the Committee on
    International Relations and the Committee on Appropriations of the
    House of Representatives on the investigation of the murder of United
    States democracy worker John Alvis. Such report shall include--
            (1) a description of the steps taken by the Government of
        Azerbaijan to further such investigation and bring to justice those
        responsible for the murder of John Alvis;
            (2) a description of the actions of the Government of
        Azerbaijan to cooperate with United States agencies involved in
        such investigation; and
            (3) any recommendations of the Secretary for furthering
        progress of such investigation.

         designation of the global fund to fight aids, tuberculosis and
          malaria under the international organizations immunities act

        Sec. 593. The International Organizations Immunities Act (22 U.S.C.
    288 et seq.) is amended by adding at the end the following new section:
        ``Sec. 16. The provisions of this title may be extended to the
    Global Fund to Fight AIDS, Tuberculosis and Malaria in the same manner,
    to the same extent, and subject to the same conditions, as they may be
    extended to a public international organization in which the United
    States participates pursuant to any treaty or under the authority of
    any Act of Congress authorizing such participation or making an
    appropriation for such participation.''.

                                 code of conduct

        Sec. 594. (a) None of the funds made available by title II under
    the heading ``migration and refugee assistance'' or ``transition
    initiatives'' to provide assistance to refugees or internally displaced
    persons may be provided to an organization that has failed to adopt a
    code of conduct consistent with the Inter-Agency Standing Committee
    Task Force on Protection From Sexual Exploitation and Abuse in
    Humanitarian Crises six core principles for the protection of
    beneficiaries of humanitarian assistance.
        (b) In administering the amounts made available for the accounts
    described in subsection (a), the Secretary of State and Administrator
    of the United States Agency for International Development shall
    incorporate specific policies and programs for the purpose of
    identifying specific needs of, and particular threats to, women and
    children at the various stages of humanitarian emergencies, especially
    at the onset of such emergency.
        (c) Not later than 90 days after the date of enactment of this Act,
    the Secretary of State shall submit to the Committee on Foreign
    Relations of the Senate, the Committee on International Relations of
    the House of Representatives and the Committees on Appropriations a
    report on activities of the Government of the United States to protect
    women and children affected by humanitarian emergencies. The report
    shall include--
            (1) an assessment of the specific protection needs of women and
        children at the various stages of humanitarian emergencies;
            (2) a description of which agencies and offices of the United
        States Government are responsible for addressing each aspect of
        such needs and threats; and
            (3) guidelines and recommendations for improving United States
        and international systems for the protection of women and children
        during humanitarian emergencies.

                             assistance for hiv/aids

        Sec. 595. The United States Leadership Against HIV/AIDS,
    Tuberculosis, and Malaria Act of 2003 (117 Stat. 711; 22 U.S.C. 7601 et
    seq.) is amended--
            (1) in section 202(d)(4)(A), by adding at the end the following
        new clause:
                ``(vi) for the purposes of clause (i), `funds contributed
            to the Global Fund from all sources' means funds contributed to
            the Global Fund at any time during fiscal years 2004 through
            2008 that are not contributed to fulfill a commitment made for
            a fiscal year prior to fiscal year 2004.'';
            (2) in section 202(d)(4)(B), by adding at the end the following
        new clause:
                ``(iv) Notwithstanding clause (i), after July 31 of each of
            the fiscal years 2004 through 2008, any amount made available
            under this subsection that is withheld by reason of
            subparagraph (A)(i) is authorized to be made available to carry
            out sections 104A, 104B, and 104C of the Foreign Assistance Act
            of 1961 (as added by title III of this Act).''; and
            (3) in section 301(f), by inserting ``, except that this
        subsection shall not apply to the Global Fund to Fight AIDS,
        Tuberculosis and Malaria, the World Health Organization, the
        International AIDS Vaccine Initiative or to any United Nations
        agency'' after ``trafficking''.

          TECHNICAL CORRECTION RELATING TO THE ENHANCED HIPC INITIATIVE

        Sec. 596. Section 1625(a)(1)(B)(ii) of the International Financial
    Institutions Act (as added by section 501 of the United States
    Leadership Against HIV/AIDS, Tuberculosis, and Malaria Act of 2003
    (Public Law 108-25)) is amended by striking ``subparagraph (A)'' and
    inserting ``clause (i)''.

                                    INDONESIA

        Sec. 597. (a) Funds appropriated by this Act under the heading
    ``Foreign Military Financing Program'' may be made available for
    assistance for Indonesia, and licenses may be issued for the export of
    lethal defense articles for the Indonesian Armed Forces, only if the
    President certifies to the appropriate congressional committees that--
            (1) the Indonesia Minister of Defense is suspending from the
        Armed Forces those members, of whatever rank, who have been
        credibly alleged to have committed gross violations of human
        rights, or to have aided or abetted militia groups;
            (2) the Indonesian Government is prosecuting those members of
        the Indonesian Armed Forces, of whatever rank, who have been
        credibly alleged to have committed gross violations of human
        rights, or to have aided or abetted militia groups, and is
        punishing those members of the Indonesian Armed Forces found to
        have committed such violations of human rights or to have aided or
        abetted militia groups;
            (3) the Indonesian Armed Forces are cooperating with civilian
        prosecutors and judicial authorities in Indonesia and with the
        joint United Nations-East Timor Serious Crimes Unit (SCU) in such
        cases (including extraditing those indicted by the SCU to East
        Timor and providing access to witnesses, relevant military
        documents, and other requested information); and
            (4) the Minister of Defense is making publicly available audits
        of receipts and expenditures of the Indonesian Armed Forces.
        (b) Congress notes that the Indonesian Government and Armed Forces
    have pledged to cooperate with the Federal Bureau of Investigation with
    respect to its investigation into the August 31, 2002, murders of two
    American citizens and one Indonesian citizen in Timika, Indonesia.
    Therefore, funds appropriated under the heading ``INTERNATIONAL
    MILITARY EDUCATION AND TRAINING'' may be made available for Indonesia
    if the Secretary of State determines and reports to the appropriate
    congressional committees that the Indonesian Government and Armed
    Forces are cooperating with the Federal Bureau of Investigation's
    investigation: Provided, That this restriction shall not apply to
    expanded international military education and training, which may
    include English language training.

                             religious freedom report

        Sec. 598. The assessment and description of violations of religious
    freedom contained in the report required by section 102(b)(1)(B) of the
    International Religious Freedom Act of 1998 (22 U.S.C. 6412(b)(1)(B))
    shall include a description of persecution targeted at specific
    religions, including acts of anti-Semitism, by individuals or
    organizations designated as terrorist organizations by the Secretary of
    State under section 219 of the Immigration and Nationality Act, as
    amended.

                          DELIVERY OF ASSISTANCE BY AIR

        Sec. 599A. The Secretary of State and the Administrator of the
    United States Agency for International Development shall seek to ensure
    that, where appropriate, dedicated air service is provided for
    transportation to areas where scheduled air service is not adequate to
    meet assistance requirements on a timely basis: Provided, That to the
    maximum extent practicable and in a manner consistent with the use of
    full and open competition (as that term is defined in section 4(6) of
    the Office of Federal Procurement Policy Act (41 U.S.C. 403(6)),
    contracts for such dedicated air service shall be entered into with
    United States air carriers.

                      MODIFICATION ON REPORTING REQUIREMENTS

        Sec. 599B. (a) Section 3204(f) of the Emergency Supplemental Act,
    2000 (Public Law 106-246) is amended--
            (1) in the heading, by striking ``BIMONTHLY'' and inserting
        ``QUARTERLY'';
            (2) by striking ``60'' and inserting ``90''; and
            (3) by striking ``Congress'' and inserting ``the appropriate
        congressional committees''.
        (b) The report required by section 3204(e) of the Emergency
    Supplemental Act, 2000 (Public Law 106-246) is amended by striking
    ``Congress'' and inserting ``the appropriate congressional
    committees''.
        (c) Subsection (a) of section 803 of the Foreign Operations, Export
    Financing, and Related Programs Appropriations Act, 2001, Appendix A of
    Public Law 106-429 (as enacted by section 101(a) of such Public Law) is
    hereby repealed.

                                  CPA DETAILEES

        Sec. 599C. The Office of Personnel Management shall provide the
    House and Senate Committees on Appropriations a report of the number of
    Federal employees detailed from each executive agency to the Coalition
    Provisional Authority in Iraq on the date of enactment of this Act:
    Provided, That the report shall identify by agency the number of non-
    reimbursable and reimbursable detailees and shall be submitted to the
    House and Senate Committees on Appropriations by February 1, 2004:
    Provided further, That the report shall be updated and submitted on a
    quarterly basis until May, 2005.

                   TITLE VI--MILLENNIUM CHALLENGE ACT OF 2003

    SEC. 601. SHORT TITLE.

        This title may be cited as the ``Millennium Challenge Act of
    2003''.

    SEC. 602. PURPOSES.

        The purposes of this title are--
            (1) to provide United States assistance for global development
        through the Millennium Challenge Corporation, as described in
        section 604; and
            (2) to provide such assistance in a manner that promotes
        economic growth and the elimination of extreme poverty and
        strengthens good governance, economic freedom, and investments in
        people.

    SEC. 603. DEFINITIONS.

        In this title:
            (1) Appropriate congressional committees.--The term
        ``appropriate congressional committees'' means--
                (A) the Committee on International Relations and the
            Committee on Appropriations of the House of Representatives;
            and
                (B) the Committee on Foreign Relations and the Committee on
            Appropriations of the Senate.
            (2) Board.--The term ``Board'' means the Board of Directors of
        the Corporation established pursuant to section 604(c).
            (3) Candidate country.--The term ``candidate country'' means a
        country that meets the requirements of section 606.
            (4) Chief executive officer.--The term ``Chief Executive
        Officer'' means the chief executive officer of the Corporation
        appointed pursuant to section 604(b).
            (5) Compact.--The term ``Compact'' means a Millennium Challenge
        Compact described in section 609.
            (6) Corporation.--The term ``Corporation'' means the Millennium
        Challenge Corporation established by section 604(a).
            (7) Eligible country.--The term ``eligible country'' means a
        candidate country that is determined, under section 607, to be an
        eligible country to receive assistance under section 605.

    SEC. 604. ESTABLISHMENT AND MANAGEMENT OF THE MILLENNIUM CHALLENGE
                  CORPORATION.

        (a) Establishment.--There is established in the executive branch a
    corporation to be known as the ``Millennium Challenge Corporation''
    that shall be responsible for carrying out this title. The Corporation
    shall be a government corporation, as defined in section 103 of title
    5, United States Code.
        (b) Chief Executive Officer.--
            (1) In general.--There shall be in the Corporation a Chief
        Executive Officer who shall be responsible for the management of
        the Corporation.
            (2) Appointment.--
                (A) In general.--Except as provided in subparagraph (B),
            the Chief Executive Officer shall be appointed by the
            President, by and with the advice and consent of the Senate.
                (B) Interim ceo.--The members of the Board of Directors
            described in subsection (c)(3)(A) may designate by unanimous
            consent in writing an individual who is an officer within any
            Federal department or agency (and who has been appointed to
            such position by the President, by and with the advice and
            consent of the Senate) to carry out the duties described in
            this subsection until the Chief Executive Officer is appointed
            pursuant to subparagraph (A).
            (3) Relationship to board.--The Chief Executive Officer shall
        report to and be under the direct authority of the Board.
            (4) Compensation and rank.--
                (A) In general.--The Chief Executive Officer shall be
            compensated at the rate provided for level II of the Executive
            Schedule under section 5313 of title 5, United States Code, and
            shall have the equivalent rank of Deputy Secretary.
                (B) Amendment.--Section 5313 of title 5, United States
            Code, is amended by adding at the end the following:
            ``Chief Executive Officer, Millennium Challenge Corporation.''.
            (5) Authorities and duties.--The Chief Executive Officer shall
        be responsible for the management of the Corporation and shall
        exercise the powers and discharge the duties of the Corporation.
            (6) Authority to appoint officers.--In consultation and with
        approval of the Board, the Chief Executive Officer shall appoint
        all officers of the Corporation.
        (c) Board of Directors.--
            (1) Establishment.--There shall be in the Corporation a Board
        of Directors.
            (2) Duties.--The Board shall perform the functions specified to
        be carried out by the Board in this title and may prescribe, amend,
        and repeal bylaws, rules, regulations, and procedures governing the
        manner in which the business of the Corporation may be conducted
        and in which the powers granted to it by law may be exercised.
            (3) Membership.--The Board shall consist of--
                (A) the Secretary of State, the Secretary of the Treasury,
            the Administrator of the United States Agency for International
            Development, the Chief Executive Officer of the Corporation,
            and the United States Trade Representative; and
                (B) four other individuals with relevant international
            experience who shall be appointed by the President, by and with
            the advice and consent of the Senate, of which--
                    (i) one individual should be appointed from among a
                list of individuals submitted by the majority leader of the
                House of Representatives;
                    (ii) one individual should be appointed from among a
                list of individuals submitted by the minority leader of the
                House of Representatives;
                    (iii) one individual should be appointed from among a
                list of individuals submitted by the majority leader of the
                Senate; and
                    (iv) one individual should be appointed from among a
                list of individuals submitted by the minority leader of the
                Senate.
            (4) Terms.--
                (A) Officers of the federal government.--Each member of the
            Board described in paragraph (3)(A) shall serve for a term that
            is concurrent with the term of service of the individual's
            position as an officer within the other Federal department or
            agency.
                (B) Other members.--Each member of the Board described in
            paragraph (3)(B) shall be appointed for a term of 3 years and
            may be reappointed for a term of an additional 2 years.
                (C) Vacancies.--A vacancy in the Board shall be filled in
            the manner in which the original appointment was made.
            (5) Chairperson.--There shall be a Chairperson of the Board.
        The Secretary of State shall serve as the Chairperson.
            (6) Quorum.--A majority of the members of the Board shall
        constitute a quorum, which, except with respect to a meeting of the
        Board during the 135-day period beginning on the date of the
        enactment of this Act, shall include at least one member of the
        Board described in paragraph (3)(B).
            (7) Meetings.--The Board shall meet at the call of the
        Chairperson.
            (8) Compensation.--
                (A) Officers of the federal government.--
                    (i) In general.--A member of the Board described in
                paragraph (3)(A) may not receive additional pay,
                allowances, or benefits by reason of the member's service
                on the Board.
                    (ii) Travel expenses.--Each such member of the Board
                shall receive travel expenses, including per diem in lieu
                of subsistence, in accordance with applicable provisions
                under subchapter I of chapter 57 of title 5, United States
                Code.
                (B) Other members.--
                    (i) In general.--Except as provided in clause (ii), a
                member of the Board described in paragraph (3)(B)--

                        (I) shall be paid compensation out of funds made
                    available for the purposes of this title at the daily
                    equivalent of the highest rate payable under section
                    5332 of title 5, United States Code, for each day
                    (including travel time) during which the member is
                    engaged in the actual performance of duties as a member
                    of the Board; and
                        (II) while away from the member's home or regular
                    place of business on necessary travel in the actual
                    performance of duties as a member of the Board, shall
                    be paid per diem, travel, and transportation expenses
                    in the same manner as is provided under subchapter I of
                    chapter 57 of title 5, United States Code.

                    (ii) Limitation.--A member of the Board may not be paid
                compensation under clause (i)(II) for more than 90 days in
                any calendar year.

    SEC. 605. AUTHORIZATION OF ASSISTANCE.

        (a) Assistance.--Notwithstanding any other provision of law (other
    than a provision of this title), the Board, acting through the Chief
    Executive Officer, is authorized to provide assistance under this
    section for each country that enters into a Millennium Challenge
    Compact with the United States pursuant to section 609 to support
    policies and programs that advance the progress of the country in
    achieving lasting economic growth and poverty reduction and are in
    furtherance of the purposes of this title.
        (b) Form of Assistance.--Assistance under this section may be
    provided in the form of grants, cooperative agreements, or contracts to
    or with eligible entities described in subsection (c). Assistance under
    this section may not be provided in the form of loans.
        (c) Eligible Entities.--An eligible entity referred to in
    subsection (b) is--
            (1) the national government of the eligible country;
            (2) regional or local governmental units of the country; or
            (3) a nongovernmental organization or a private entity.
        (d) Application.--The Chief Executive Officer, in consultation with
    the Board and working with eligible countries selected by the Board for
    negotiation of Compacts, should develop and recommend procedures for
    considering solicited and unsolicited proposals in Compacts prior to an
    approval of the Compacts by the Board.
        (e) Limitations.--
            (1) Prohibition on military assistance and training.--
        Assistance under this section may not include military assistance
        or military training for a country.
            (2) Prohibition on assistance relating to united states job
        loss or production displacement.--Assistance under this section may
        not be provided for any project that is likely to cause a
        substantial loss of United States jobs or a substantial
        displacement of United States production.
            (3) Prohibition on assistance relating to environmental,
        health, or safety hazards.--Assistance under this section may not
        be provided for any project that is likely to cause a significant
        environmental, health, or safety hazard.
            (4) Prohibition on use of funds for abortions and involuntary
        sterilizations.--The prohibitions on use of funds contained in
        paragraphs (1) through (3) of section 104(f) of the Foreign
        Assistance Act of 1961 (22 U.S.C. 2151b(f)(1)-(3)) shall apply to
        funds made available to carry out this section to the same extent
        and in the same manner as such prohibitions apply to funds made
        available to carry out part I of such Act. The prohibition on use
        of funds contained in any provision of law comparable to the
        eleventh and fourteenth provisos under the heading ``Child Survival
        and Health Programs Fund'' of division E of Public Law 108-7 (117
        Stat. 162) shall apply to funds made available to carry out this
        section for fiscal year 2004.
        (f) Coordination.--The provision of assistance under this section
    shall be coordinated with other United States foreign assistance
    programs.

    SEC. 606. CANDIDATE COUNTRIES.

        (a) Low Income Countries.--
            (1) Fiscal year 2004.--A country shall be a candidate country
        for purposes of eligibility for assistance for fiscal year 2004
        if--
                (A) the country is eligible for assistance from the
            International Development Association, and the per capita
            income of the country is equal to or less than the historical
            ceiling of the International Development Association for that
            year, as defined by the International Bank for Reconstruction
            and Development; and
                (B) subject to paragraph (3), the country is not ineligible
            to receive United States economic assistance under part I of
            the Foreign Assistance Act of 1961 by reason of the application
            of any provision of the Foreign Assistance Act of 1961 or any
            other provision of law.
            (2) Fiscal year 2005 and subsequent fiscal years.--A country
        shall be a candidate country for purposes of eligibility for
        assistance for fiscal year 2005 or a subsequent fiscal year if--
                (A) the per capita income of the country is equal to or
            less than the historical ceiling of the International
            Development Association for the fiscal year involved, as
            defined by the International Bank for Reconstruction and
            Development; and
                (B) the country meets the requirements of paragraph (1)(B).
            (3) Rule of construction.--For the purposes of determining
        whether a country is eligible for receiving assistance under
        section 605 pursuant to paragraph (1)(B), the exercise by the
        President, the Secretary of State, or any other officer or employee
        of the United States of any waiver or suspension of any provision
        of law referred to in such paragraph, and notification to the
        appropriate congressional committees in accordance with such
        provision of law, shall be construed as satisfying the requirement
        of such paragraph.
        (b) Lower Middle Income Countries.--
            (1) In general.--In addition to countries described in
        subsection (a), a country shall be a candidate country for purposes
        of eligibility for assistance for fiscal year 2006 or a subsequent
        fiscal year if the country--
                (A) is classified as a lower middle income country in the
            then most recent edition of the World Development Report for
            Reconstruction and Development published by the International
            Bank for Reconstruction and Development and has an income
            greater than the historical ceiling for International
            Development Association eligibility for the fiscal year
            involved; and
                (B) meets the requirements of subsection (a)(1)(B).
            (2) Limitation.--The total amount of assistance provided to
        countries described in paragraph (1) for fiscal year 2006 or any
        subsequent fiscal year may not exceed 25 percent of the total
        amount of assistance provided to all countries under section 605
        for fiscal year 2006 or the subsequent fiscal year, as the case may
        be.
        (c) Identification by the Board.--The Board shall identify whether
    a country is a candidate country for purposes of this section.

    SEC. 607. ELIGIBLE COUNTRIES.

        (a) Determination by the Board.--The Board shall determine whether
    a candidate country is an eligible country for purposes of this
    section. Such determination shall be based, to the maximum extent
    possible, upon objective and quantifiable indicators of a country's
    demonstrated commitment to the criteria in subsection (b), and shall,
    where appropriate, take into account and assess the role of women and
    girls.
        (b) Criteria.--A candidate country should be considered to be an
    eligible country for purposes of this section if the Board determines
    that the country has demonstrated a commitment to--
            (1) just and democratic governance, including a demonstrated
        commitment to--
                (A) promote political pluralism, equality, and the rule of
            law;
                (B) respect human and civil rights, including the rights of
            people with disabilities;
                (C) protect private property rights;
                (D) encourage transparency and accountability of
            government; and
                (E) combat corruption;
            (2) economic freedom, including a demonstrated commitment to
        economic policies that--
                (A) encourage citizens and firms to participate in global
            trade and international capital markets;
                (B) promote private sector growth and the sustainable
            management of natural resources;
                (C) strengthen market forces in the economy; and
                (D) respect worker rights, including the right to form
            labor unions; and
            (3) investments in the people of such country, particularly
        women and children, including programs that--
                (A) promote broad-based primary education; and
                (B) strengthen and build capacity to provide quality public
            health and reduce child mortality.
        (c) Selection by the Board.--
            (1) In general.--At the time the Board determines eligible
        countries under this section for a fiscal year, the Board shall
        select those eligible countries with respect to which the United
        States will initially seek to enter into a Millennium Challenge
        Compact pursuant to section 609.
            (2) Factors.--In selecting eligible countries under paragraph
        (1), the Board shall consider the following factors:
                (A) The extent to which the country clearly meets or
            exceeds the eligibility criteria.
                (B) The opportunity to reduce poverty and generate economic
            growth in the country.
                (C) The availability of amounts to carry out this title.
        (d) Establishment of Criteria and Methodology.--The criteria and
    methodology submitted by the Board to Congress and published in the
    Federal Register under section 608(b)(2) with respect to a fiscal year
    shall remain fixed for purposes of eligibility determinations for such
    year.
        (e) Annual Modification of Criteria and Methodology.--As
    appropriate, the Board, acting through the Chief Executive Officer,
    shall review the eligibility criteria and methodology and modify such
    criteria and methodology in subsequent years consistent with section
    608(b).

    SEC. 608. CONGRESSIONAL AND PUBLIC NOTIFICATION OF CANDIDATE COUNTRIES,
                  ELIGIBILITY CRITERIA, AND ELIGIBLE COUNTRIES.

        (a) Identification of Candidate Countries.--Not later than 90 days
    prior to the date on which the Board determines eligible countries
    under section 607 for a fiscal year, the Chief Executive Officer--
            (1) shall prepare and submit to the appropriate congressional
        committees a report that contains a list of all candidate countries
        identified under section 606, and all countries that would be
        candidate countries if the countries met the requirement contained
        in section 606(a)(1)(B), for the fiscal year; and
            (2) shall publish in the Federal Register the information
        contained in the report described in paragraph (1).
        (b) Identification of Eligibility Criteria and Methodology.--Not
    later than 60 days prior to the date on which the Board determines
    eligible countries under section 607 for a fiscal year, the Chief
    Executive Officer--
            (1) shall prepare and submit to the appropriate congressional
        committees a report that contains a list of the criteria and
        methodology described in subsections (a) and (b) of section 607
        that will be used to determine eligibility for each candidate
        country identified under subsection (a);
            (2) shall publish in the Federal Register the information
        contained in the report described in paragraph (1); and
            (3) may conduct one or more public hearings on the eligibility
        criteria and methodology.
        (c) Public Comment and Congressional Consultation.--
            (1) Public comment.--The Chief Executive Officer shall, for the
        30-day period beginning on the date of publication in the Federal
        Register of the information contained in the report described in
        subsection (b)(1), accept public comment and consider such comment
        for purposes of determining eligible countries under section 607.
            (2) Congressional consultation.--The Chief Executive Officer
        shall consult with the appropriate congressional committees on the
        extent to which the candidate countries meet the criteria described
        in section 607(b).
        (d) Identification of Eligible Countries.--Not later than 5 days
    after the date on which the Board determines eligible countries under
    section 607 for a fiscal year, the Chief Executive Officer--
            (1) shall prepare and submit to the appropriate congressional
        committees a report that contains a list of all such eligible
        countries, an identification of those countries on such list with
        respect to which the Board will seek to enter into a Compact under
        section 609, and a justification for such eligibility determination
        and selection for Compact negotiation; and
            (2) shall publish in the Federal Register the information
        contained in the report described in paragraph (1).

    SEC. 609. MILLENNIUM CHALLENGE COMPACT.

        (a) Compact.--The Board, acting through the Chief Executive Officer
    of the Corporation, may provide assistance for an eligible country only
    if the country enters into an agreement with the United States, to be
    known as a ``Millennium Challenge Compact'', that establishes a multi-
    year plan for achieving shared development objectives in furtherance of
    the purposes of this title.
        (b) Elements.--
            (1) In general.--The Compact should take into account the
        national development strategy of the eligible country and shall
        contain--
                (A) the specific objectives that the country and the United
            States expect to achieve during the term of the Compact;
                (B) the responsibilities of the country and the United
            States in the achievement of such objectives;
                (C) regular benchmarks to measure, where appropriate,
            progress toward achieving such objectives;
                (D) an identification of the intended beneficiaries,
            disaggregated by income level, gender, and age, to the maximum
            extent practicable;
                (E) a multi-year financial plan, including the estimated
            amount of contributions by the Corporation and the country and
            proposed mechanisms to implement the plan and provide
            oversight, that describes how the requirements of subparagraphs
            (A) through (D) will be met, including identifying the role of
            civil society in the achievement of such requirements;
                (F) where appropriate, a description of the current and
            potential participation of other donors in the achievement of
            such objectives;
                (G) a plan to ensure appropriate fiscal accountability for
            the use of assistance provided under section 605;
                (H) where appropriate, a process or processes for
            consideration of solicited proposals under the Compact as well
            as a process for consideration of unsolicited proposals by the
            Corporation and national, regional, or local units of
            government;
                (I) a requirement that open, fair, and competitive
            procedures are used in a transparent manner in the
            administration of grants or cooperative agreements or the
            procurement of goods and services for the accomplishment of
            objectives under the Compact;
                (J) the strategy of the eligible country to sustain
            progress made toward achieving such objectives after expiration
            of the Compact; and
                (K) a description of the role of the United States Agency
            for International Development in any design, implementation,
            and monitoring of programs and activities funded under the
            Compact.
            (2) Lower middle income countries.--In addition to the elements
        described in subparagraphs (A) through (K) of paragraph (1), with
        respect to a lower middle income country described in section
        606(b), the Compact shall identify a contribution, as appropriate,
        from the country relative to its national budget, taking into
        account the prevailing economic conditions, toward meeting the
        objectives of the Compact. Any such contribution should be in
        addition to government spending allocated for such purposes in the
        country's budget for the year immediately preceding the
        establishment of the Compact and should continue for the duration
        of the Compact.
            (3) Definition.--In this subsection, the term ``national
        development strategy'' means any strategy to achieve market-driven
        economic growth and eliminate extreme poverty that has been
        developed by the government of the country in consultation with a
        wide variety of civic participation, including nongovernmental
        organizations, private and voluntary organizations, academia,
        women's and student organizations, local trade and labor unions,
        and the business community.
        (c) Additional Provision Relating to Prohibition on Taxation.--In
    addition to the elements described in subsection (c), each Compact
    shall contain a provision that states that assistance provided by the
    United States under the Compact shall be exempt from taxation by the
    government of the eligible country.
        (d) Local Input.--In entering into a Compact, the United States
    shall seek to ensure that the government of an eligible country--
            (1) takes into account the local-level perspectives of the
        rural and urban poor, including women, in the eligible country; and
            (2) consults with private and voluntary organizations, the
        business community, and other donors in the eligible country.
        (e) Consultation.--During any discussions with a country for the
    purpose of entering into a Compact with the country, officials of the
    Corporation participating in such discussions shall, at a minimum,
    consult with appropriate officials of the United States Agency for
    International Development, particularly with those officials
    responsible for the appropriate region or country on development issues
    related to the Compact.
        (f) Coordination With Other Donors.--To the maximum extent
    feasible, activities undertaken to achieve the objectives of the
    Compact shall be undertaken in coordination with the assistance
    activities of other donors.
        (g) Assistance for Development of Compact.--Notwithstanding
    subsection (a), the Chief Executive Officer may enter into contracts or
    make grants for any eligible country for the purpose of facilitating
    the development and implementation of the Compact between the United
    States and the country.
        (h) Requirement for Approval by the Board.--Each Compact shall be
    approved by the Board before the United States enters into the Compact.
        (i) Increase or Extension of Assistance Under a Compact.--Not later
    than 15 days after making a determination to increase or extend
    assistance under a Compact with an eligible country, the Board, acting
    through the Chief Executive Officer--
            (1) shall prepare and transmit to the appropriate congressional
        committees a written report and justification that contains a
        detailed summary of the proposed increase in or extension of
        assistance under the Compact and a copy of the full text of the
        amendment to the Compact; and
            (2) shall publish a detailed summary, full text, and
        justification of the proposed increase in or extension of
        assistance under the Compact in the Federal Register and on the
        Internet website of the Corporation.
        (j) Duration of Compact.--The duration of a Compact shall not
    exceed 5 years.
        (k) Subsequent Compacts.--An eligible country and the United States
    may enter into and have in effect only one Compact at any given time
    under this section. An eligible country and the United States may enter
    into one or more subsequent Compacts in accordance with the
    requirements of this title after the expiration of the existing
    Compact.

    SEC. 610. CONGRESSIONAL AND PUBLIC NOTIFICATION OF COMPACT.

        (a) Congressional Consultation Prior to Compact Negotiations.--Not
    later than 15 days prior to the start of negotiations of a Compact with
    an eligible country, the Board, acting through the Chief Executive
    Officer--
            (1) shall consult with the appropriate congressional committees
        with respect to the proposed Compact negotiation; and
            (2) shall identify the objectives and mechanisms to be used for
        the negotiation of the Compact.
        (b) Congressional and Public Notification After Entering Into a
    Compact.--Not later than 10 days after entering into a Compact with an
    eligible country, the Board, acting through the Chief Executive
    Officer--
            (1) shall provide notification of the Compact to the
        appropriate congressional committees, including a detailed summary
        of the Compact and a copy of the text of the Compact; and
            (2) shall publish such detailed summary and the text of the
        Compact in the Federal Register and on the Internet website of the
        Corporation.

    SEC. 611. SUSPENSION AND TERMINATION OF ASSISTANCE.

        (a) Suspension and Termination of Assistance.--After consultation
    with the Board, the Chief Executive Officer may suspend or terminate
    assistance in whole or in part for a country or entity under section
    605 if the Chief Executive Officer determines that--
            (1) the country or entity is engaged in activities which are
        contrary to the national security interests of the United States;
            (2) the country or entity has engaged in a pattern of actions
        inconsistent with the criteria used to determine the eligibility of
        the country or entity, as the case may be; or
            (3) the country or entity has failed to adhere to its
        responsibilities under the Compact.
        (b) Reinstatement.--The Chief Executive Officer may reinstate
    assistance for a country or entity under section 605 only if the Chief
    Executive Officer determines that the country or entity has
    demonstrated a commitment to correcting each condition for which
    assistance was suspended or terminated under subsection (a).
        (c) Congressional Notification.--Not later than 3 days after the
    date on which the Chief Executive Officer suspends or terminates
    assistance under subsection (a) for a country or entity, or reinstates
    assistance under subsection (b) for a country or entity, the Chief
    Executive Officer shall submit to the appropriate congressional
    committees a report that contains the determination of the Chief
    Executive Officer under subsection (a) or subsection (b), as the case
    may be.
        (d) Rule of Construction.--The authority to suspend or terminate
    assistance under this section includes the authority to suspend or
    terminate obligations and sub-obligations.

    SEC. 612. DISCLOSURE.

        (a) Requirement for Disclosure.--The Corporation shall make
    available to the public on at least a quarterly basis, the following
    information:
            (1) For assistance provided under section 605--
                (A) the name of each entity to which assistance is
            provided;
                (B) the amount of assistance provided to the entity; and
                (C) a description of the program or project, including--
                    (i) a description of whether the program or project was
                solicited or unsolicited; and
                    (ii) a detailed description of the objectives and
                measures for results of the program or project.
            (2) For funds allocated or transferred under section 619(b)--
                (A) the name of each United States Government agency to
            which such funds are transferred or allocated;
                (B) the amount of funds transferred or allocated to such
            agency; and
                (C) a description of the program or project to be carried
            out by such agency with such funds.
        (b) Dissemination.--The information required to be disclosed under
    subsection (a) shall be made available to the public by means of
    publication in the Federal Register and on the Internet website of the
    Corporation, as well as by any other methods that the Board determines
    appropriate.

    SEC. 613. ANNUAL REPORT.

        (a) Report.--Not later than March 31, 2005, and each March 31
    thereafter, the President shall submit to Congress a report on the
    assistance provided under section 605 during the prior fiscal year.
        (b) Contents.--The report shall include the following:
            (1) The amount of obligations and expenditures for assistance
        provided to each eligible country during the prior fiscal year.
            (2) For each eligible country, an assessment of--
                (A) the progress made during each year by the country
            toward achieving the objectives set out in the Compact entered
            into by the country; and
                (B) the extent to which assistance provided under section
            605 has been effective in helping the country to achieve such
            objectives.
            (3) A description of the coordination of assistance provided
        under section 605 with other United States foreign assistance and
        related trade policies.
            (4) A description of the coordination of assistance provided
        under section 605 with assistance provided by other donor
        countries.
            (5) Any other information the President considers relevant with
        respect to assistance provided under section 605.

    SEC. 614. POWERS OF THE CORPORATION; RELATED PROVISIONS.

        (a) Powers.--The Corporation--
            (1) shall have perpetual succession unless dissolved by a law
        enacted after the date of the enactment of this Act;
            (2) may adopt, alter, and use a seal, which shall be judicially
        noticed;
            (3) may make and perform such contracts, grants, and other
        agreements with any person or government however designated and
        wherever situated, as may be necessary for carrying out the
        functions of the Corporation;
            (4) may determine and prescribe the manner in which its
        obligations shall be incurred and its expenses allowed and paid,
        including expenses for representation;
            (5) may lease, purchase, or otherwise acquire, improve, and use
        such real property wherever situated, as may be necessary for
        carrying out the functions of the Corporation;
            (6) may accept cash gifts or donations of services or of
        property (real, personal, or mixed), tangible or intangible, for
        the purpose of carrying out the provisions of this title;
            (7) may use the United States mails in the same manner and on
        the same conditions as the executive departments;
            (8) may contract with individuals for personal services, who
        shall not be considered Federal employees for any provision of law
        administered by the Office of Personnel Management;
            (9) may hire or obtain passenger motor vehicles; and
            (10) shall have such other powers as may be necessary and
        incident to carrying out this title.
        (b) Principal Office.--The Corporation shall maintain its principal
    office in the metropolitan area of Washington, District of Columbia.
        (c) Positions With Foreign Governments.--When approved by the Chief
    Executive Officer, for purposes of implementing a Compact, employees of
    the Corporation (including individuals detailed to the Corporation) may
    accept and hold offices or positions to which no compensation is
    attached with governments or governmental agencies of foreign countries
    or with international organizations.
        (d) Other Authorities.--Except to the extent inconsistent with the
    provisions of this title, the administrative authorities contained in
    the State Department Basic Authorities Act of 1956 (22 U.S.C. 2651a et
    seq.) and the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.)
    shall apply to the implementation of this title to the same extent and
    in the same manner as such authorities apply to the implementation of
    those Acts.
        (e) Applicability of Government Corporation Control Act.--
            (1) In general.--The Corporation shall be subject to chapter 91
        of subtitle VI of title 31, United States Code, except that the
        Corporation shall not be authorized to issue obligations or offer
        obligations to the public.
            (2) Conforming amendment.--Section 9101(3) of title 31, United
        States Code, is amended by adding at the end the following:
                ``(Q) the Millennium Challenge Corporation.''.
        (f) Inspector General.--
            (1) In general.--The Inspector General of the United States
        Agency for International Development shall serve as Inspector
        General of the Corporation, and, in acting in such capacity, may
        conduct reviews, investigations, and inspections of all aspects of
        the operations and activities of the Corporation.
            (2) Authority of the board.--In carrying out the
        responsibilities under this subsection, the Inspector General shall
        report to and be under the general supervision of the Board.
            (3) Reimbursement and authorization of services.--
                (A) Reimbursement.--The Corporation shall reimburse the
            United States Agency for International Development for all
            expenses incurred by the Inspector General in connection with
            the Inspector General's responsibilities under this subsection.
                (B) Authorization for services.--Of the amount authorized
            to be appropriated under section 619(a) for a fiscal year, up
            to $5,000,000 is authorized to be made available to the
            Inspector General of the United States Agency for International
            Development to conduct reviews, investigations, and inspections
            of operations and activities of the Corporation.
        (g) Special Assistance.--
            (1) In general.--The Chief Executive Officer is authorized to
        contract with any nongovernmental organization (including a
        university, independent foundation, or other organization) in the
        United States or in a candidate country, and, where appropriate,
        directly with a governmental agency of any such country, that is
        undertaking research aimed at improving data related to eligibility
        criteria under this title with respect to the country.
            (2) Funding.--Of the amount authorized to be appropriated under
        section 619(a) for a fiscal year, up to $5,000,000 is authorized to
        be made available to carry out paragraph (1).

    SEC. 615. COORDINATION WITH UNITED STATES AGENCY FOR INTERNATIONAL
                  DEVELOPMENT.

        (a) Requirement for Coordination.--The Chief Executive Officer
    shall consult with the Administrator of the United States Agency for
    International Development in order to coordinate the activities of the
    Corporation with the activities of the Agency.
        (b) USAID Programs.--The Administrator of the United States Agency
    for International Development shall seek to ensure that appropriate
    programs of the Agency play a primary role in preparing candidate
    countries to become eligible countries.

    SEC. 616. ASSISTANCE TO CERTAIN CANDIDATE COUNTRIES.

        (a) Authorization.--The Board, acting through the Chief Executive
    Officer, is authorized to provide assistance to a candidate country
    described in subsection (b) for the purpose of assisting such country
    to become an eligible country.
        (b) Candidate Country Described.--A candidate country referred to
    in subsection (a) is a candidate country that--
            (1) satisfies the requirements contained in subparagraphs (A)
        and (B) of section 606(a)(1); and
            (2) demonstrates a significant commitment to meet the
        requirements of section 607(b) but fails to meet such requirements
        (including by reason of the absence or unreliability of data).
        (c) Administration.--Assistance under this section may be provided
    through the United States Agency for International Development.
        (d) Funding.--Not more than 10 percent of the amount appropriated
    pursuant to the authorization of appropriations under section 619(a)
    for fiscal year 2004 is authorized to be made available to carry out
    this section.

    SEC. 617. GENERAL PERSONNEL AUTHORITIES.

        (a) Detail of Personnel.--Upon request of the Chief Executive
    Officer, the head of an agency may detail any employee of such agency
    to the Corporation on a reimbursable basis. Any employee so detailed
    remains, for the purpose of preserving such employee's allowances,
    privileges, rights, seniority, and other benefits, an employee of the
    agency from which detailed.
        (b) Reemployment Rights.--
            (1) In general.--An employee of an agency who is serving under
        a career or career conditional appointment (or the equivalent), and
        who, with the consent of the head of such agency, transfers to the
        Corporation, is entitled to be reemployed in such employee's former
        position or a position of like seniority, status, and pay in such
        agency, if such employee--
                (A) is separated from the Corporation for any reason, other
            than misconduct, neglect of duty, or malfeasance; and
                (B) applies for reemployment not later than 90 days after
            the date of separation from the Corporation.
            (2) Specific rights.--An employee who satisfies paragraph (1)
        is entitled to be reemployed (in accordance with such paragraph)
        within 30 days after applying for reemployment and, on
        reemployment, is entitled to at least the rate of basic pay to
        which such employee would have been entitled had such employee
        never transferred.
        (c) Hiring Authority.--Of persons employed by the Corporation, not
    to exceed 30 persons may be appointed, compensated, or removed without
    regard to the civil service laws and regulations.
        (d) Basic Pay.--The Chief Executive Officer may fix the rate of
    basic pay of employees of the Corporation without regard to the
    provisions of chapter 51 of title 5, United States Code (relating to
    the classification of positions), subchapter III of chapter 53 of such
    title (relating to General Schedule pay rates), except that no employee
    of the Corporation may receive a rate of basic pay that exceeds the
    rate for level II of the Executive Schedule under section 5313 of such
    title.
        (e) Definitions.--In this section--
            (1) the term ``agency'' means an executive agency, as defined
        by section 105 of title 5, United States Code; and
            (2) the term ``detail'' means the assignment or loan of an
        employee, without a change of position, from the agency by which
        such employee is employed to the Corporation.

    SEC. 618. PERSONNEL OUTSIDE THE UNITED STATES.

        (a) Assignment to United States Embassies.--An employee of the
    Corporation, including an individual detailed to or contracted by the
    Corporation, may be assigned to a United States diplomatic mission or
    consular post or a United States Agency for International Development
    field mission.
        (b) Privileges and Immunities.--The Secretary of State shall seek
    to ensure that an employee of the Corporation, including an individual
    detailed to or contracted by the Corporation, and the members of the
    family of such employee, while the employee is performing duties in any
    country or place outside the United States, enjoy the privileges and
    immunities that are enjoyed by a member of the Foreign Service, or the
    family of a member of the Foreign Service, as appropriate, of
    comparable rank and salary of such employee, if such employee or a
    member of the family of such employee is not a national of or
    permanently resident in such country or place.
        (c) Responsibility of Chief of Mission.--An employee of the
    Corporation, including an individual detailed to or contracted by the
    Corporation, and a member of the family of such employee, shall be
    subject to section 207 of the Foreign Service Act of 1980 (22 U.S.C.
    3927) in the same manner as United States Government employees while
    the employee is performing duties in any country or place outside the
    United States if such employee or member of the family of such employee
    is not a national of or permanently resident in such country or place.

    SEC. 619. AUTHORIZATION OF APPROPRIATIONS.

        (a) Authorization of Appropriations.--There are authorized to be
    appropriated to carry out this title such sums as may be necessary for
    each of the fiscal years 2004 and 2005.
        (b) Allocation of Funds.--
            (1) In general.--The Corporation may allocate or transfer to
        any agency of the United States Government any of the funds
        available for carrying out this title. Such funds shall be
        available for obligation and expenditure for the purposes for which
        the funds were authorized, in accordance with authority granted in
        this title or under authority governing the activities of the
        United States Government agency to which such funds are allocated
        or transferred.
            (2) Notification.--The Corporation shall notify the appropriate
        congressional committees not less than 15 days prior to an
        allocation or transfer of funds pursuant to paragraph (1).
        This division may be cited as the ``Foreign Operations, Export
    Financing, and Related Programs Appropriations Act, 2004''.

       DIVISION E--DEPARTMENTS OF LABOR, HEALTH AND HUMAN SERVICES, AND
              EDUCATION, AND RELATED AGENCIES APPROPRIATIONS, 2004

                                     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.

    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
    the Workforce Investment Act of 1998; $2,697,654,000 plus
    reimbursements, of which $1,666,473,000 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, to
    carry out chapter 4 of the Workforce Investment Act of 1998; 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 the Workforce Investment Act of 1998, $276,608,000 shall be
    for activities described in section 132(a)(2)(A) of such Act and
    $1,180,152,000 shall be for activities described in section
    132(a)(2)(B) of such Act: Provided further, That funds provided to
    carry out section 132(a)(2)(A) of the Workforce Investment Act may be
    used to provide assistance to a State for state-wide or local use in
    order to address cases where there have been worker dislocations across
    multiple sectors or across multiple local areas and such workers remain
    dislocated; coordinate the State workforce development plan with
    emerging economic development needs; and train such eligible dislocated
    workers: Provided further, That $9,039,000 shall be for carrying out
    section 172 of the Workforce Investment Act of 1998: Provided further,
    That, notwithstanding 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 (of which not less than 70
    percent shall be for permanent housing), and $507,000 for other
    discretionary purposes: 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 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 funding
    provided to carry out projects under section 171 of the Workforce
    Investment Act of 1998 that are identified in the Conference Agreement,
    shall not be subject to the requirements of section 171(b)(2)(B) of
    such Act, the requirements of section 171(c)(4)(D) of such Act, the
    joint funding requirements of sections 171(b)(2)(A) and 171(c)(4)(A) of
    such Act, or any time limit requirements of sections 171(b)(2)(C) and
    171(c)(4)(B) of such Act: 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 buildings and other facilities,
    and the purchase of real property for training centers as authorized by
    the Workforce Investment Act of 1998; $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, $441,253,000.

                   Federal Unemployment Benefits and Allowances

        For payments during the current fiscal year of trade adjustment
    benefit payments and allowances under part I and section 246; 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 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 $3,466,861,000 (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 or immigration 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 $57,820,000, 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, $124,962,000.

                      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, including associated administrative expenses, 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 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, $392,872,000, together with
    $2,036,000 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, 2003, 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, $13,201,000; 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 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, $460,786,000, including not to exceed $92,505,000 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, 2003 to September 30, 2004, 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, $270,826,000, 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 $100,000 for
    an award to the Stolar Research Corporation to further develop and
    demonstrate electromagnetic wave detection technology, and other
    purposes, in Allegheny County, Pennsylvania; including $1,000,000 for
    an award to the National Technology Transfer Center for a coal slurry
    impoundment pilot project in southern West Virginia; including up to
    $2,000,000 for mine rescue and recovery activities; 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, $447,088,000,
    together with not to exceed $75,110,000, which may be expended from the
    Employment Security Administration Account in the Unemployment Trust
    Fund, of which $5,000,000 may 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, $48,565,000, for the acquisition
    of Departmental information technology, architecture, infrastructure,
    equipment, software and related needs which will be allocated by the
    Department's Chief Information Officer in accordance with the
    Department's capital investment management process to assure a sound
    investment strategy; $352,514,000; together with not to exceed
    $316,000, 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.): Provided further, That
    of the funds provided under this heading, $150,000 shall be for a grant
    to the International Center on Child Labor and Education.

                         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, $60,094,000, together with not to exceed $5,730,000, 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, $13,850,000.

                               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.
        Sec. 104. There is authorized to be appropriated such sums as may
    be necessary to the Denali Commission through the Department of Labor
    to conduct job training of the local workforce where Denali Commission
    projects will be constructed.
        Sec. 105. Of the funds appropriated for fiscal year 1999 under
    section 403(a)(5)(H)(i)(II) of the Social Security Act (42 U.S.C.
    603(a)(5)(H)(i)(II)) that were allotted as welfare to work formula
    grants to the States under section 403(a)(5)(A) of such Act (42 U.S.C.
    603(a)(5)(A)), there is hereby rescinded any funds that are unexpended
    by the States as of the date of enactment of this section, except for
    such funds as the Secretary of Labor determines are necessary for
    States to carry out administrative activities relating to the close out
    of such grants. Notwithstanding section 403(a)(5) of the Social
    Security Act (42 U.S.C. 603(a)(5)), the Secretary of Labor may take
    such actions as the Secretary determines are appropriate to facilitate
    the orderly and equitable close out of such grants, consistent with the
    requirements of this section.
        Sec. 106. (a) Findings.--Congress finds that--
            (1) it is projected that the Department of Labor, in
        conjunction with labor, industry, and the National Institute for
        Occupational Safety and Health, will be undertaking several months
        of testing on Personal Dust Monitor production prototypes; and
            (2) the testing of Personal Dust Monitor prototypes is set to
        begin (by late May or early June of 2004) following the scheduled
        delivery of the Personal Dust Monitors in May 2004.
        (b) Re-proposal of Rule.--Following the successful demonstration of
    Personal Dust Monitor technology, and if the Secretary of Labor makes a
    determination that Personal Dust Monitors can be effectively applied in
    a regulatory scheme, the Secretary of Labor shall re-propose a rule on
    respirable coal dust which incorporates the use of Personal Dust
    Monitors, and, if such rule is re-proposed, the Secretary shall comply
    with the regular procedures applicable to Federal rulemaking.
        Sec. 107. The Secretary of Labor shall transfer, without charge or
    consideration, to Hamilton County, Ohio all rights, title, and interest
    (including all Federal equity) the United States holds in the real
    property located at 1916 Central Parkway, Cincinnati, Ohio to the
    extent such rights, title, or interest were acquired through grants to
    the State of Ohio under title III of the Social Security Act or the
    Wagner-Peyser Act or acquired through funds distributed to the State of
    Ohio under section 903 of the Social Security Act.
        Sec. 108. Fair Labor Standards Act Woodworking Exemption. Section
    13(c) of the Fair Labor Standards Act of 1938 (29 U.S.C. 213(c)) is
    amended by adding at the end the following:
        ``(7)(A)(i) Subject to subparagraph (B), in the administration and
    enforcement of the child labor provisions of this Act, it shall not be
    considered oppressive child labor for a new entrant into the workforce
    to be employed inside or outside places of business where machinery is
    used to process wood products.
        ``(ii) In this paragraph, the term `new entrant into the workforce'
    means an individual who--
            ``(I) is under the age of 18 and at least the age of 14, and
            ``(II) by statute or judicial order is exempt from compulsory
        school attendance beyond the eighth grade.
        ``(B) The employment of a new entrant into the workforce under
    subparagraph (A) shall be permitted--
            ``(i) if the entrant is supervised by an adult relative of the
        entrant or is supervised by an adult member of the same religious
        sect or division as the entrant;
            ``(ii) if the entrant does not operate or assist in the
        operation of power-driven woodworking machines;
            ``(iii) if the entrant is protected from wood particles or
        other flying debris within the workplace by a barrier appropriate
        to the potential hazard of such wood particles or flying debris or
        by maintaining a sufficient distance from machinery in operation;
        and
            ``(iv) if the entrant is required to use personal protective
        equipment to prevent exposure to excessive levels of noise and saw
        dust.''.
        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 (including section 510), 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,
    $6,698,437,000, of which $367,563,000 shall be available for
    construction and renovation (including equipment) of health care and
    other facilities, abstinence education and related services, and other
    health-related activities as specified in the statement of the managers
    on the conference report accompanying this Act, and 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, $250,000 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 $25,000,000 of the funding provided for
    community health centers shall be used for base grant adjustments for
    existing centers: Provided further, That no more than $4,850,000 is
    available for carrying out the provisions of section 233(o) of title
    42, United States Code, including associated administrative expenses:
    Provided further, That no more than $45,000,000 is available for
    carrying out the provisions of Public Law 104-73: Provided further,
    That $10,000,000 is available until expended to establish a National
    Cord Blood Stem Cell Bank Program as described in the statement of the
    managers on the conference report accompanying this Act: Provided
    further, That of the funds made available under this heading,
    $280,000,000 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 in addition to amounts provided
    herein, $25,000,000 shall be available from amounts available under
    section 241 of the Public Health Service Act to carry out parts A, B,
    C, and D of title XXVI of the Public Health Service Act to fund section
    2691 Special Projects of National Significance: Provided further, That
    notwithstanding section 502(a)(1) of the Social Security Act, not to
    exceed $121,130,000 is available for carrying out special projects of
    regional and national significance pursuant to section 501(a)(2) of
    such Act: Provided further, That $70,488,000 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 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 in addition to amounts provided herein
    for abstinence education to adolescents, $4,500,000 shall be available
    from amounts available under section 241 of the Public Health Service
    Act to carry out evaluations (including longitudinal evaluations) of
    adolescent pregnancy prevention approaches.

                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 $3,222,000 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
    purchase, hire, maintenance, and operation of aircraft, $4,545,472,000,
    of which $262,000,000 shall remain available until expended for
    equipment, and construction and renovation of facilities, and of which
    $293,569,000 for international HIV/AIDS shall remain available until
    September 30, 2005, including $150,000,000, to remain available until
    expended for the ``International Mother and Child HIV Prevention
    Initiative''. 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, $14,000,000 shall be available
    from amounts available under section 241 of the Public Health Service
    Act to carry out the National Immunization Surveys: Provided further,
    That in addition to amounts provided herein, $127,634,000 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 in addition to amounts provided herein,
    $28,600,000 shall be available from amounts available under section 241
    of the Public Health Service Act to carry out information systems
    standards development and architecture and applications-based research
    used at local public health levels: Provided further, That in addition
    to amounts provided herein, $41,900,000 shall be available from amounts
    available under section 241 of the Public Health Service Act to carry
    out Research Tools and Approaches activities within the National
    Occupational Research Agenda: 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, $2,897,145,000.

              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, $385,796,000.

         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,
    $1,682,457,000.

             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,
    $1,510,776,000.

              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,
    $4,335,155,000: Provided, That $150,000,000 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, $1,916,333,000.

             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,
    $1,250,585,000.

                              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,
    $657,199,000.

               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,
    $636,974,000.

                           National Institute on Aging

        For carrying out section 301 and title IV of the Public Health
    Service Act with respect to aging, $1,031,311,000.

      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, $504,300,000.

         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,
    $384,477,000.

                      National Institute of Nursing Research

        For carrying out section 301 and title IV of the Public Health
    Service Act with respect to nursing research, $135,555,000.

                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, $431,471,000.

                         National Institute on Drug Abuse

        For carrying out section 301 and title IV of the Public Health
    Service Act with respect to drug abuse, $997,414,000.

                       National Institute of Mental Health

        For carrying out section 301 and title IV of the Public Health
    Service Act with respect to mental health, $1,390,714,000.

                     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, $482,222,000.

           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, $288,900,000.

                      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, $1,186,183,000: 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 $119,220,000 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,
    $117,752,000.

            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, $65,800,000.

                           National Library of Medicine

        For carrying out section 301 and title IV of the Public Health
    Service Act with respect to health information communications,
    $311,635,000, 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: Provided
    further, That in addition to amounts provided herein, $8,200,000 shall
    be available from amounts available under section 241 of the Public
    Health Service Act to carry out National Information Center on Health
    Services Research and Health Care Technology and related health
    services.

                              Office of the Director

                          (including transfer of funds)

        For carrying out the responsibilities of the Office of the
    Director, National Institutes of Health, $329,707,000, of which up to
    $7,500,000 shall be used to carry out section 221 of this Act:
    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, $89,500,000, to
    remain available until expended: Provided, That notwithstanding any
    other provision of law, single contracts or related contracts, which
    collectively include the full scope of the project, may be employed for
    the development and construction of the first and second phases of the
    John Edward Porter Neuroscience Research Center: Provided further, That
    the solicitations and contracts shall contain the clause ``availability
    of funds'' found at 48 CFR 52.232-18.

           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, $3,253,763,000: Provided, That in addition to amounts
    provided herein, $79,200,000 shall be available from amounts available
    under section 241 of the Public Health Service Act to carry out subpart
    II of title XIX of the Public Health Service Act to fund section
    1935(b) technical assistance, national data, data collection and
    evaluation activities, and further that the total available under this
    Act for section 1935(b) activities shall not exceed 5 percent of the
    amounts appropriated for subpart II of title XIX: Provided further,
    That in addition to the amounts provided herein, $21,850,000 shall be
    available from amounts available under section 241 of the Public Health
    Service Act to carry out subpart I of part B of title XIX of the Public
    Health Service Act to fund section 1920(b) technical assistance, data
    collection and program evaluation activities, and further that the
    total available under this Act for section 1920(b) activities shall not
    exceed 5 percent of the amounts appropriated for subpart I of part B of
    title XIX: 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: Provided further,
    That, of the funds made available under this heading, $12,000,000 shall
    be for the conduct of research on the comparative clinical
    effectiveness, cost-effectiveness, and safety of drugs, biological
    products, and devices.

                   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 $2,664,994,000, 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 $30,000,000, to remain available until September 30,
    2005, is for contract costs for CMS's 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 of the amounts made
    available for research, demonstration and evaluation, $100,000 is
    available for Advocate Health Care in Oak Brook, Illinois, for health
    education programs and services to the deaf and hard-of-hearing,
    $1,750,000 is available for AIDS Healthcare Foundation in Los Angeles
    for a demonstration of residential and outpatient treatment facilities,
    $250,000 is available for Berwick Hospital Center, Berwick,
    Pennsylvania, for stabilizing the workforce for patient care, $163,000
    is available for Bloomsburg Hospital, Bloomsburg, Pennsylvania for
    stabilizing the workforce for patient care, $275,000 is available for
    Cheyenne River Sioux Tribe in Eagle Butte, South Dakota, to establish a
    nursing home, $778,000 is available for Community Medical Center,
    Scranton, Pennsylvania, for stabilizing the workforce for patient care,
    $150,000 is available for Cook County (Illinois) Bureau of Health
    Services to improve the management of vulnerable patients with poorly
    controlled diabetes, $178,000 is available for Divine Providence
    Hospital, Williamsport, Pennsylvania, for stabilizing the workforce for
    patient care, $267,000 is available for Geisinger Wyoming Valley
    Medical Center, Wilkes-Barre, Pennsylvania, for stabilizing the
    workforce for patient care, $237,000 is available for Hazleton General
    Hospital, Hazleton, Pennsylvania, for stabilizing the workforce for
    patient care, $25,000 is available for Hope Worldwide, Philadelphia,
    Pennsylvania, to maintain clinical care for recovering drug and alcohol
    addicts, $825,000 is available for Illinois Primary Health Care
    Association for the Shared Integrated Management Information System,
    Springfield, Illinois, $250,000 is available for James S. Taylor
    Memorial Home, Louisville, Kentucky, $100,000 is available for
    Jefferson Area Board for Aging, Charlottesville, Virginia, for the
    Nursing Assistant Institute, $85,000 is available for Jersey Shore
    Hospital, Jersey Shore, Pennsylvania for stabilizing the workforce for
    patient care, $179,000 is available for Marian Community Hospital,
    Carbondale, Pennsylvania, for stabilizing the workforce for patient
    care, $200,000 is available for Medical Care for Children Partnership,
    Fairfax, Virginia, to provide outreach to increase access to medical
    and dental care for children, $393,000 is available for Mercy Health
    Partners, Scranton, Pennsylvania, for stabilizing the workforce for
    patient care, $571,000 is available for Mercy Hospital, Wilkes-Barre,
    Pennsylvania, for stabilizing the workforce for patient care, $63,000
    is available for Mid-Valley Hospital, Peckville, Pennsylvania, for
    stabilizing the workforce for patient care, $510,000 is available for
    Moses Taylor Hospital, Scranton, Pennsylvania, for stabilizing the
    workforce for patient care, $109,000 is available for Muncy Valley
    Hospital, Muncy, Pennsylvania, for stabilizing the workforce for
    patient care, $225,000 is available for Muskegon Community Health
    Project, Muskegon, Michigan, for the Access Health program, $75,000 is
    available for North Penn Visiting Nurse Association, Lansdale,
    Pennsylvania, to provide low-cost or free health care to children who
    do not have health insurance, $122,000 is available for Patient
    Advocate Foundation, Newport News, Virginia, to provide direct
    intervention assistance to patients throughout the United States who
    are experiencing difficulty in accessing quality health care services,
    $100,000 is available for Rhode Island Hospital-Medical Simulation
    Center of Providence, Rhode Island, for the creation of a transportable
    simulation-based training curriculum and validated human performance
    measurement system, $256,000 is available for Saint Joseph Medical
    Center, Hazleton, Pennsylvania, for stabilizing the workforce for
    patient care, $100,000 is available for Santa Clara County, California,
    for its Children's Health Initiative program to provide outreach and
    enrollment assistance for families under 300 percent of Federal poverty
    level, $664,000 is available for Sharon Regional Health System, Sharon,
    Pennsylvania, for stabilizing the workforce for patient care, $25,000
    is available for Sickle Cell Medical Treatment & Education Center, St.
    Louis Children's Hospital, St. Louis, Missouri, to improve the academic
    achievement of children with Sickle Cell Disease with specific
    cognitive rehabilitation, $111,000 is available for Tyler Memorial
    Hospital, Tunkhannock, Pennsylvania, for stabilizing the workforce for
    patient care, $174,000 is available for United Community Hospital,
    Grove City, Pennsylvania, for stabilizing the workforce for patient
    care, $503,000 is available for UPMC Horizon, Farrell, Pennsylvania,
    for stabilizing the workforce for patient care, $613,000 is available
    for Williamsport Hospital & Medical Center, Williamsport, Pennsylvania,
    for stabilizing the workforce for patient care, and $965,000 is
    available for Wyoming Valley Health Care System, Wilkes-Barre,
    Pennsylvania, for stabilizing the workforce for patient care: 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: Provided
    further, that to the extent Medicare claims processing unit costs are
    projected by the Centers for Medicare & Medicaid Services to exceed
    $0.87 for part A claims and/or $0.65 for part B claims, up to an
    additional $18,000,000 may be available for obligation for every $0.04
    increase in Medicare claims processing unit costs from the Federal
    Hospital Insurance and the Federal Supplementary Medical Insurance
    Trust Funds. The calculation of projected unit costs shall be derived
    in the same manner in which the estimated unit costs were calculated
    for the Federal budget estimate for the fiscal year.

           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, $1,800,000,000.
        For making payments under title XXVI of the Omnibus Budget
    Reconciliation Act of 1981, $100,000,000, to remain available until
    expended: 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),
    $450,276,000, of which up to $9,968,000 shall be available to carry out
    the Trafficking Victims Protection Act of 2000 (Public Law 106-386;
    division 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 (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 10 percent.

                     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, sections 261 and 291 of the Help America Vote
    Act of 2002, 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, $8,816,097,000,
    of which $7,500,000, 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: Provided, That funds appropriated in Public Law
    108-7 for grants to States as authorized by section 473A of title IV of
    the Social Security Act shall also be available for adoption incentive
    payments for adoptions completed before September 30, 2004: Provided
    further, That $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: Provided
    further, That $735,686,000 shall be for making payments under the
    Community Services Block Grant Act: Provided further, That not less
    than $7,227,000 shall be for section 680(3)(B) of the Community
    Services Block Grant Act, as amended: Provided further, That in
    addition to amounts provided herein, $6,000,000 shall be available from
    amounts available under section 241 of the Public Health Service Act to
    carry out the provisions of section 1110 of the Social Security Act:
    Provided further, That to the extent Community Services Block Grant
    funds are distributed as grant funds by a State to an eligible entity
    as provided under the Act, and have not been expended by such entity,
    they shall remain with such entity for carryover into the next fiscal
    year for expenditure by such entity consistent with program purposes:
    Provided further, That the Secretary shall establish procedures
    regarding the disposition of intangible property which permits grant
    funds, or intangible assets acquired with funds authorized under
    section 680 of the Community Services Block Grant Act, as amended, to
    become the sole property of such grantees after a period of not more
    than 12 years after the end of the grant for purposes and uses
    consistent with the original grant: Provided further, That funds
    appropriated for section 680(a)(2) of the Community Services Block
    Grant Act, as amended, shall be available for financing construction
    and rehabilitation and loans or investments in private business
    enterprises owned by community development corporations: Provided
    further, That $89,978,000 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 $40,505,000 is for
    the transitional living program: Provided further, That $48,000,000 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:
    Provided further, That $15,000,000 shall be for activities authorized
    by the Help America Vote Act of 2002, of which $10,000,000 shall be for
    payments to States to promote disabled voter access, and of which
    $5,000,000 shall be for payments to States for disabled voters
    protection and advocacy systems.

                        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, $1,381,689,000, of which $5,500,000 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, XX, and XXI of the Public Health Service Act, and
    the United States-Mexico Border Health Commission Act, $357,358,000,
    together with $5,851,000 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 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, $49,838,000 is for minority
    AIDS prevention and treatment activities; and $15,000,000 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, $20,750,000, which 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, 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, $1,726,846,000: 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 2.2 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. The Foreign Operations, Export Financing, and Related
    Programs Appropriations Act, 1990 (Public Law 101-167) is amended--
            (1) in section 599D (8 U.S.C. 1157 note)--
                (A) in subsection (b)(3), by striking ``1997, 1998, 1999,
            2000, 2001, 2002, and 2003'' and inserting ``1997, 1998, 1999,
            2000, 2001, 2002, 2003, and 2004''; and
                (B) in subsection (e), by striking ``October 1, 2003'' each
            place it appears and inserting ``October 1, 2004'';
                (C) in subsection (b)(1)--
                    (i) in subparagraph (A), by striking ``and'' at the
                end;
                    (ii) in subparagraph (B), by striking the period and
                inserting ``; and''; and
                    (iii) by adding at the end the following:
            ``(C) one or more categories of aliens who are or were
        nationals and residents of the Islamic Republic or Iran who, as
        members of a religious minority in Iran, share common
        characteristics that identify them as targets of persecution in
        that state on account of race, religion, nationality, membership in
        a particular social group, or political opinion.''; and
            (2) in section 599E (8 U.S.C. 1255 note) in subsection (b)(2),
        by striking ``September 30, 2003'' and inserting ``September 30,
        2004''.
        Sec. 214. (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. 215. 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--
            (1) 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)). 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; and
            (2) 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. 216. The Division of Federal Occupational Health may utilize
    personal services contracting to employ professional management/
    administrative and occupational health professionals.
        Sec. 217. Notwithstanding section 409B(c) of the Public Health
    Service Act regarding a limitation on the number of such grants, funds
    appropriated in this Act and Acts in fiscal years thereafter may be
    expended by the Director of the National Institutes of Health to award
    Core Center Grants to encourage the development of innovative
    multidisciplinary research and provide training concerning Parkinson's
    disease. Each center funded under such grants shall be designated as a
    Morris K. Udall Center for Research on Parkinson's Disease.
        Sec. 218. Not later than 90 days after the date of enactment of
    this Act, the Director of the National Institutes of Health shall
    submit to the appropriate committees of Congress a report that shall--
            (1) contain the recommendations of the Director concerning the
        role of the National Institutes of Health in promoting the
        affordability of inventions and products developed with Federal
        funds; and
            (2) specify whether any circumstances exist to prevent the
        Director from promoting the affordability of inventions and
        products developed with Federal funds.
        Sec. 219. Notwithstanding any other provisions of law, funds made
    available under this heading may be used to continue operating the
    Council on Graduate Medical Education established by section 301 of
    Public Law 102-408.
        Sec. 220. Designation of Senator Paul D. Wellstone NIH MDCRC
    Program. (a) Findings.--Congress finds the following:
            (1) On December 18, 2001, Public Law 107-84, otherwise known as
        the Muscular Dystrophy Community Assistance, Research and Education
        Amendments of 2001, or the MD CARE Act, was signed into law to
        provide for research and education with respect to various forms of
        muscular dystrophy, including Duchenne, Becker, limb girdle,
        congenital, facioscapulohumeral, myotonic, oculopharyngeal, distal,
        and EmeryDreifuss muscular dystrophies.
            (2) In response to the MD CARE Act of 2001, in September 2002,
        the National Institutes of Health (NIH) announced its intention to
        establish the Muscular Dystrophy Cooperative Research Centers
        (MDCRC) program.
            (3) Senator Paul D. Wellstone was a driving force behind
        enactment of the MD CARE Act, which led to the establishment of the
        MDCRC program.
        (b) Designation.--The NIH Muscular Dystrophy Cooperative Research
    Centers (MDCRC) program shall be known and designated as the ``Senator
    Paul D. Wellstone Muscular Dystrophy Cooperative Research Centers'', in
    honor of Senator Paul D. Wellstone who was deceased on October 25,
    2002.
        (c) References.--Any reference in a law, regulation, document,
    paper, or other record of the United States to the NIH program of
    Muscular Dystrophy Cooperative Research Centers shall be deemed to be a
    reference to the ``Senator Paul D. Wellstone Muscular Dystrophy
    Cooperative Research Centers''.
        Sec. 221. (a) Authority.--Notwithstanding any other provision of
    law, the Director of the National Institutes of Health may use funds
    available under section 402(i) of the Public Health Service Act (42
    U.S.C. 282(i)) to enter into transactions (other than contracts,
    cooperative agreements, or grants) to carry out research in support of
    the NIH Roadmap Initiative of the Director.
        (b) Peer Review.--In entering into transactions under subsection
    (a), the Director of the National Institutes of Health may utilize such
    peer review procedures (including consultation with appropriate
    scientific experts) as the Director determines to be appropriate to
    obtain assessments of scientific and technical merit. Such procedures
    shall apply to such transactions in lieu of the peer review and
    advisory council review procedures that would otherwise be required
    under sections 301(a)(3), 405(b)(1)(B), 405(b)(2), 406(a)(3)(A), 492,
    and 494 of the Public Health Service Act (42 U.S.C. 241, 284(b)(1)(B),
    284(b)(2), 284a(a)(3)(A), 289a, and 289c).
        Sec. 222. Section 307(c) of the Denali Commission Act of 1998 (42
    U.S.C. 3121 note) is amended by striking ``is authorized to make
    grants'' and inserting ``is authorized to make interagency transfers''.
        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, $14,528,522,000, of which $6,983,169,000 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 $7,107,283,000 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 annually 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
    $1,969,843,000 shall be available for targeted grants under section
    1125: Provided further, That $1,969,843,000 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
    $8,842,000 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, $1,236,824,000, of which
    $1,070,000,000 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), $46,208,000 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: Provided, That
    $1,500,000 of the funds for section 8007 shall be available for the
    local educational agencies and in the amounts specified in the
    statement of the managers on the conference report accompanying this
    Act: Provided further, That, notwithstanding any other provision of
    law, these funds shall remain available until expended.

                          School Improvement Programs

        For carrying out school improvement activities authorized by titles
    II, part B of title IV, part A and subparts 6 and 9 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, $5,834,208,000, of which $4,282,199,000 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 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 from
    the funds referred to in the preceding proviso, not less than
    $1,000,000 shall be for a grant to the Department of Education of the
    State of Hawaii for the activities described in such proviso: Provided
    further, That funds made available to carry out part C of title VII of
    the ESEA may be used for construction: Provided further, That
    $391,600,000 shall be for subpart 1 of part A of title VI of the ESEA:
    Provided further, That $27,821,000 shall be available to carry out part
    D of title V of the ESEA: Provided further, That no funds appropriated
    under this heading may be used to carry out section 5494 under 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 parts G and H of title I,
    subpart 5 of part A and parts 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 (``ESEA''), $1,106,811,000: 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 $18,500,000 shall
    be available to carry out section 2151(c) of the ESEA, of which not
    less than $10,000,000 shall be provided to the National Board for
    Professional Teaching Standards, not less than $7,000,000 shall be
    provided to the National Council on Teacher Quality, and up to
    $1,500,000 may be reserved by the Secretary to conduct an evaluation of
    activities authorized by such section: Provided further, That
    $430,463,000 shall be available to carry out part D of title V of the
    ESEA: Provided further, That $177,271,000 of the funds for subpart 1,
    part D of title V of the ESEA shall be available for the projects and
    in the amounts specified in the statement of the managers on the
    conference report accompanying this Act.

                     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
    (``ESEA''), title VIII-D of the Higher Education Amendments of 1998,
    and Public Law 102-73, $862,813,000, of which $470,483,000 shall become
    available on July 1, 2004, and remain available through September 30,
    2005: Provided, That of the amount available for subpart 2 of part A of
    title IV of the ESEA, $850,000 shall be used to continue the National
    Recognition Awards program under the same guidelines outlined by
    section 120(f) of Public Law 105-244: Provided further, That
    $445,483,000 shall be available for subpart 1 of part A of title IV and
    $234,680,000 shall be available for subpart 2 of part A of title IV:
    Provided further, That $128,838,000 shall be available to carry out
    part D of title V of the ESEA: Provided further, That of the funds
    available to carry out subpart 3 of part C of title II, up to
    $11,922,000 may be used to carry out section 2345 and $2,980,000 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: Provided further, That $25,000,000
    shall be for Youth Offender Grants, of which $5,000,000 shall be used
    in accordance with section 601 of Public Law 102-73 as that section was
    in effect prior to enactment of Public Law 105-220.

                          English Language Acquisition

        For carrying out part A of title III of the ESEA, $685,258,000, of
    which $560,301,000 shall become available on July 1, 2004, and shall
    remain available through September 30, 2005: Provided, That
    notwithstanding section 3111(c)(4)(B)(ii), the Secretary may, in
    determining the allotments under section 3111(c)(3), use the same
    Census data for the number of limited English proficient children and
    youth used for the previous year's allotments under section 3111(c)(3)
    and the most recent data collected from States for the number of
    immigrant children and youth that is acceptable to the Secretary:
    Provided further, That funds reserved under section 3111(c)(1)(D) of
    the ESEA that are not used in accordance with section 3111(c)(2) may be
    added to the funds that are available July 1, 2004 through September
    30, 2005, for State allotments under section 3111(c)(3).

                               Special Education

        For carrying out the Individuals with Disabilities Education Act,
    $11,307,072,000, of which $5,604,762,000 shall become available for
    obligation on July 1, 2004, and shall remain available through
    September 30, 2005, and of which $5,413,000,000 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 $1,500,000 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: Provided
    further, That $6,879,000 of the funds for section 672 of the Act shall
    be available for the projects and in the amounts specified in the
    statement of the managers of the conference report accompanying this
    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, $3,013,305,000, of which
    $1,000,000 shall be awarded to the American Academy of Orthotists and
    Prosthetists for activities that further the purposes of the grant
    received by the Academy for the period beginning October 1, 2003,
    including activities to meet the demand for orthotic and prosthetic
    provider services and improve patient care: 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: Provided further, That section 101(f) of the AT Act shall not
    limit the award of an extension grant to 3 years: Provided further,
    That no State or outlying area awarded funds under section 101 shall
    receive less than the amount received in fiscal year 2003: Provided
    further, That $5,035,000 of the funds for section 303 of the
    Rehabilitation Act of 1973 shall be available for the projects and in
    the amounts specified in the statement of the managers of the
    conference report accompanying this 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.), $53,800,000, 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.), $100,800,000: 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 Technical Education Act of 1998, the Adult
    Education and Family Literacy Act, and subparts 4 and 11 of part D of
    title V of the Elementary and Secondary Education Act of 1965
    (``ESEA''), $2,121,690,000, of which $1,304,712,000 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 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 Technical Education Act of 1998:
    Provided further, That of the amount provided for Adult Education State
    Grants, $69,545,000 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,
    $9,223,000 shall be for national leadership activities under section
    243 and $6,732,000 shall be for the National Institute for Literacy
    under section 242: Provided further, That $185,000,000 shall be
    available to carry out part D of title V of the ESEA: 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 Elementary and
    Secondary Education Act of 1965, of which up to 5 percent shall become
    available October 1, 2003, and shall remain available through September
    30, 2005, 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 education 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, part C and part E
    of title IV of the Higher Education Act of 1965, as amended,
    $14,090,430,000, 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, $118,010,000.

                                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, and the Mutual Educational and Cultural Exchange Act of 1961,
    $2,094,511,000, 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 $123,110,000 of the funds for part B
    of title VII of the Higher Education Act of 1965 shall be available for
    the projects and in the amounts specified in the statement of the
    managers of the conference report accompanying this Act.

                               Howard University

        For partial support of Howard University (20 U.S.C. 121 et seq.),
    $240,180,000, of which not less than $3,573,000 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,
    $478,717,000: Provided, That, of the amount appropriated, $166,500,000
    shall be available for obligation through September 30, 2005: Provided
    further, That of the amount provided to carry out title I, parts B and
    D of Public Law 107-279, not less than $24,362,000 shall be for the
    national research and development centers authorized under section
    133(c): Provided further, That $4,968,000 shall be available to extend
    for one additional year the contract for the Eisenhower National
    Clearinghouse for Mathematics and Science Education authorized under
    section 2102(a)(2) of the Elementary and Secondary Education Act of
    1965, prior to its amendment by the No Child Left Behind Act of 2001,
    Public Law 107-110.

                            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, $425,000,000, 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, $89,275,000.

                         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, $47,137,000.

                               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.
        Sec. 305. Special Study of Simplification of Need Analysis and
    Application for title IV Aid. (a) Study Required.--The Advisory
    Committee on Student Financial Assistance established by section 491 of
    the Higher Education Act of 1965 (20 U.S.C. 1098), hereafter in this
    section referred to as ``the Advisory Committee'', shall conduct a
    thorough study of the feasibility of simplifying the need analysis
    methodology for all Federal student financial assistance programs and
    the process of applying for such assistance.
        (b) Required Subjects of Study.--In performing the study, the
    Advisory Committee shall, at a minimum, examine the following:
            (1) whether the methodology used to calculate the expected
        family contribution can be simplified without significant adverse
        effects on program intent, costs, integrity, delivery, and
        distribution of awards;
            (2) whether the number of data elements, and, accordingly, the
        number and complexity of questions asked of students and families,
        used to calculate the expected family contribution can be reduced
        without such adverse effects;
            (3) whether the procedures for determining such data elements,
        including determining and updating offsets and allowances, is the
        most efficient, effective, and fair means to determine a family's
        available income and assets;
            (4) whether the methodology used to calculate the expected
        family contribution, specifically the consideration of income
        earned by a dependent student and its effect on Pell grant
        eligibility, is an effective and fair means to determine a family's
        available income and a student's need;
            (5) whether the nature and timing of the application required
        in section 483 (a)(1) of the Higher Education Act of 1965 (20
        U.S.C. 1090(a)(1)), eligibility and award determination, financial
        aid processing, and funds delivery can be streamlined further for
        students and families, institutions, and States;
            (6) whether it is feasible to allow students to complete only
        those limited sections of the financial aid application that apply
        to their specific circumstances and the State in which they reside;
            (7) whether a widely disseminated printed form, or the use of
        an Internet or other electronic means, can be developed to notify
        individuals of an estimation of their approximate eligibility for
        grant, work-study, and loan assistance upon completion and
        verification of the simplified application form;
            (8) whether information provided on other Federal forms (such
        as the form applying for supplemental security income under title
        XVI of the Social Security Act, the form for applying for food
        stamps under the Food Stamp Act of 1977, and the schedule for
        applying for the earned income tax credit under section 32 of the
        Internal Revenue Code of 1986) that are designed to determine
        eligibility for various Federal need-based assistance programs
        could be used to qualify potential students for the simplified
        needs test; and
            (9) whether any proposed changes to data elements collected, in
        addition to those used to calculate expected family contribution,
        or any proposed changes to the form's design or the process of
        applying for aid, may have adverse effects on program costs,
        integrity, delivery, or distribution of awards, as well as,
        application development or application processing.
        (c) Additional Considerations.--In conducting the feasibility
    study, the Advisory Committee's primary objective under this subsection
    shall be simplifying the financial aid application forms and process
    and obtaining a substantial reduction in the number of required data
    items. In carrying out that objective, the Advisory Committee shall pay
    special attention to the needs of low-income and moderate-income
    students and families.
        (d) Consultation.--
            (1) In general.--The Advisory Committee shall consult with a
        broad range of interested parties in higher education, including
        parents and students, high school guidance counselors, financial
        aid and other campus administrators, appropriate State
        administrators, administrators of intervention and outreach
        programs, and appropriate officials from the Department of
        Education.
            (2) Forms design expert.--With the goal of making significant
        changes to the form to make the questions more easily
        understandable, the Advisory Committee shall consult a forms design
        expert to ensure that its recommendations for revision of the
        application form would assist in making the form easily readable
        and understood by parents, students, and other members of the
        public.
            (3) Congressional consultation.--The Advisory Committee shall
        consult on a regular basis with the Committee on Education and the
        Workforce of the House of Representatives and the Committee on
        Health, Education, Labor, and Pensions of the Senate in carrying
        out the feasibility study required by this subsection.
            (4) Departmental consultation.--The Secretary of Education
        shall provide such assistance to the Advisory Committee as is
        requested and practicable in conducting the study required by this
        subsection.
        (e) Reports.--
            (1) Interim report.--The Advisory Committee shall, not later
        than 6 months after the date of enactment of this Act, prepare and
        submit an interim report containing any such legislative changes as
        the Advisory Committee recommends to reform and simplify the needs
        analysis under part F of title IV of the Higher Education Act of
        1965 (20 U.S.C. 1087kk et seq.) and forms and other requirements
        under such title to the Committee on Education and the Workforce of
        the House of Representatives, the Committee on Health, Education,
        Labor, and Pensions of the Senate, and the Secretary of Education.
            (2) Final report.--The Advisory Committee shall, not later than
        1 year after the date of enactment of this Act, prepare and submit
        a full final report on the study, including recommendations for
        regulatory and administrative changes required by this section, to
        the Committee on Education and the Workforce of the House of
        Representatives, the Committee on Health, Education, Labor, and
        Pensions of the Senate, and the Secretary of Education.
        (f) Implementation.--The Secretary of Education shall consult with
    the Committee on Education and the Workforce of the House of
    Representatives and the Committee on Health, Education, Labor, and
    Pensions of the Senate and shall subsequently initiate a redesign of
    the form required by section 483 of the Higher Education Act of 1965
    (20 U.S.C. 1090). Such redesign shall include the testing of
    alternative simplified versions of the free Federal form. The Secretary
    shall keep the Committee on Education and the Workforce of the House of
    Representatives and the Committee on Health, Education, Labor, and
    Pensions of the Senate fully and currently informed on the progress of
    these efforts.
        (g) Postponement of Tax Table Update Pending Report and
    Implementation.--The Secretary of Education shall not implement or
    enforce for the award year 2004-2005 the annual update to the
    allowances for State and other taxes in the tables used in the Federal
    needs analysis methodology, as prescribed by the Secretary on May 30,
    2003 (68 Fed. Reg. 32473).
        Sec. 306. The Secretary of Education shall treat as timely filed an
    application under section 8003 of the Elementary and Secondary
    Education Act of 1965 from the local educational agency for Hydaburg,
    Alaska, for a payment for fiscal year 2004, and shall process such
    application for payment, if the Secretary has received the fiscal year
    2004 application not later than 30 days after the date of enactment of
    this Act.
        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, $356,443,000: 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, $400,000,000: 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: Provided further, That for
    fiscal year 2004, in addition to the amounts provided above,
    $50,000,000 shall be for costs related to digital program production,
    development, and distribution, associated with the transition of public
    broadcasting to digital broadcasting, to be awarded as determined by
    the Corporation in consultation with public radio and television
    licensees or permittees, or their designated representatives: Provided
    further, That for fiscal year 2004, in addition to the amounts provided
    above, $10,000,000 shall be for the costs associated with implementing
    the first phase of the next generation interconnection system.

                   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,
    $262,596,000, to remain available until expended: Provided, That of the
    amount provided, $125,000 shall be awarded to the Alabama School of
    Math and Science at the University of Alabama for technology upgrades
    and library resources, $50,000 shall be awarded to the Alaska Moving
    Image Preservation Association, Anchorage, Alaska, to digitize files/
    photos/videos of Alaskan history, $25,000 shall be awarded to the Alex
    Haley House Museum, Henning, Tennessee, for care and preservation of
    collection, $500,000 shall be awarded to the Allen County Historical
    Society, Lima, Ohio, for the ``Move Our Past Forward'' project to
    expand and develop exhibits for their Children's Discovery Museum
    Center, $75,000 shall be awarded to the Allentown Art Museum,
    Allentown, Pennsylvania, for educational programming for school
    districts, $100,000 shall be awarded to the Alutiiq Museum, Kodiak,
    Alaska, to support programs to teach students and adults how to develop
    traditional Native arts, $200,000 shall be awarded to the American
    Village Citizenship Trust, Montevallo, Alabama, for a national
    initiative for teaching American history and civics, $100,000 shall be
    awarded to the Arab Community Center for Economic and Social Services
    (ACCESS), Dearborn, Michigan, for exhibits and museum programs,
    $100,000 shall be awarded to the Ashland Community Arts Center,
    Ashland, Ohio, for Arts in Downtown project, $75,000 shall be awarded
    to the Athenaeum of Philadelphia, Philadelphia, Pennsylvania, to
    preserve library materials and access to information in the form of
    digital images on the Internet, $500,000 shall be awarded to the Beth
    Medrash Govoha, Lakewood, New Jersey, for equipment and exhibits for
    the Holocaust Library, $400,000 shall be awarded to the Bishop Museum
    in Hawaii, for activities to preserve the culture of Native Hawaiians,
    $400,000 shall be awarded to the Bishop Museum in Hawaii to develop
    Native Hawaiian cultural projects in collaboration with the Peabody
    Museum of Massachusetts and an Alaskan museum, $900,000 shall be
    awarded to the Burpee Museum of Natural History, Rockford, Illinois,
    for community outreach and educational activities, $100,000 shall be
    awarded to the Campbell Center for Historic Preservation Studies, Mount
    Carroll, Illinois, for community outreach and program planning,
    $200,000 shall be awarded to the Chaldean Community Culture Center,
    West Bloomfield, Michigan, for programs that promote Chaldean language,
    history, culture and teacher training, $250,000 shall be awarded to the
    Chapman University, Orange, California, for technological
    infrastructure, $250,000 shall be awarded to the Chartiers Valley
    Partnership, Inc., Carnegie, Pennsylvania, for technological upgrades
    and educational programs at the Andrew Carnegie Free Library, $113,000
    shall be awarded to the Children's Museum at La Habra, California, for
    a Hands On English Program, $144,000 shall be awarded to the Children's
    Museum of History, Natural History, Science and Technology, Utica, New
    York, for technology improvements, staffing and training, $400,000
    shall be awarded to the Cincinnati Museum Center at Union Terminal,
    Cincinnati, Ohio, to develop and implement an integrated curriculum
    that will utilize its resources in art, science, and history when
    visiting the museum, $150,000 shall be awarded to the City of Hemet,
    California, for Hemet Public Library, for library materials and
    technological equipment, $387,000 shall be awarded to the City of
    Whittier, California, for the Whittier Public Library Children's Area
    and History Room, $250,000 shall be awarded to the Cleveland Health
    Museum, Cleveland Ohio, for exhibits, $100,000 shall be awarded to the
    College of Physicians of Philadelphia, Philadelphia, Pennsylvania, to
    preserve medical library and art collection, $400,000 shall be awarded
    to the Davenport Music History Museum in Davenport, Iowa, $75,000 shall
    be awarded to the Delaware County Historical Society, Media,
    Pennsylvania, for educational programs highlighting historical themes
    and sites relating to Delaware County, $75,000 shall be awarded to the
    East Stroudsburg University, East Stroudsburg, Pennsylvania, to
    preserve and develop exhibits for their Vintage Radio Programs and Jazz
    Museum, $100,000 shall be awarded to the Elmwood Zoo, Norristown,
    Pennsylvania, for student education programs, $75,000 shall be awarded
    to the Erie County, Erie, Pennsylvania, for technology upgrades for the
    Erie County Library, $100,000 shall be awarded to the Fender Museum of
    the Arts Foundation, Corona, California, for the Kids Rock Free
    educational program, $200,000 shall be awarded to the Fine Arts Museums
    of San Francisco for the De Young Museum's Art Education Program,
    $1,500,000 shall be awarded to the Florida Holocaust Museum, St.
    Petersburg, Florida, for school outreach program, $750,000 shall be
    awarded to the Florida International Museum, St. Petersburg, Florida,
    for professional activities, $1,600,000 shall be awarded to the Folger
    Library, Washington, D.C., for exhibits, operations, and public
    programs including education and outreach, $50,000 shall be awarded to
    the Forsyth County Public Library, Winston-Salem, North Carolina, for
    salaries, supplies, personnel and materials, $50,000 shall be awarded
    to the Gault Family Learning Center, Wooster, Ohio, for PALS/Parenting
    Resource Center/Growing Together, $250,000 shall be awarded to the
    General George S. Patton Jr. National Museum of Cavalry and Armor, Fort
    Knox, Kentucky, $500,000 shall be awarded to the George C. Marshall
    Foundation in Lexington, Virginia, for exhibit design and development
    and collection preservation, $500,000 shall be awarded to the Grout
    Museum, Waterloo, Iowa, for exhibits and design of the Sullivan
    Brothers Veterans Museum and Research Center, $200,000 shall be awarded
    to the Heritage Harbor Museum of Providence, Rhode Island, for exhibit
    design and development relating Rhode Island and American history,
    $150,000 shall be awarded to the Hernando County Library System,
    Florida, for technology improvements at West Hernando Branch Library,
    Brooksville Main Library, Spring Hill Library, and East Hernando Branch
    Library, $250,000 shall be awarded to the Hesperia Community Library,
    Hesperia, California, $200,000 shall be awarded to the Historical
    Society of Western Pennsylvania, Pittsburgh, Pennsylvania, for exhibit
    and curriculum development for the Western Pennsylvania Sports Museum
    at the Senator John Heinz Pittsburgh Regional History Center, $150,000
    shall be awarded to the Historical Society of Western Pennsylvania,
    Pittsburgh, Pennsylvania, for exhibit design and development for the
    Meadowcraft Museum of Rural Life, $250,000 shall be awarded to the
    Idaho State University, Pocatello, Idaho, for a Virtual Idaho Museum of
    Natural History project, $50,000 shall be awarded to the Imaginarium
    Science Center, Anchorage, Alaska, to develop science exhibits and
    distance delivery modules, $100,000 shall be awarded to the
    International Museum of Women to develop exhibits on the history of
    women's lives worldwide, $100,000 shall be awarded to the International
    Storytelling Center, Jonesborough, Tennessee, $100,000 shall be awarded
    to the James Ford Bell Museum of Natural History, Minneapolis,
    Minnesota, to produce detailed exhibit design and development, $100,000
    shall be awarded to the Kishacoquillas Valley Historical Society,
    Allensville, Pennsylvania, for care and preservation of collection,
    $100,000 shall be awarded to the Lafayette College, Easton,
    Pennsylvania, for technology updates to the Skillman Library, $166,000
    shall be awarded to the Madera County Resource Management Agency,
    Madera, California, $21,000 shall be awarded to the Magic House,
    Kirkwood, Missouri for the development and design of interactive
    exhibits and software to be used within The Magic Library to support
    family literacy, $100,000 shall be awarded to the Mary Meuser Memorial
    Library, Easton, Pennsylvania, for library upgrades, $250,000 shall be
    awarded to the Metropolitan Museum of Art, New York, in conjunction
    with the Fairbanks Museum of Art and the Anchorage Museum of History
    and Art, for costs of mounting the exhibit and for costs associated
    with bringing the exhibit to Alaska, $350,000 shall be awarded to the
    Michigan Space and Science Center, Jackson, Michigan, for development
    of the strategic plan, operational costs and personnel, $450,000 shall
    be awarded to the Mississippi Department of Archives and History,
    Jackson, Mississippi, to complete the preservation and restoration of
    the Eudora Welty House, $75,000 shall be awarded to the Mobile Museum
    of Art, Mobile, Alabama, for equipment and supplies, and for exhibit
    design and development, $100,000 shall be awarded to the Morehouse
    College Library, Atlanta, Georgia, for historical preservation of
    documents and records, $100,000 shall be awarded to the Mother Bethel
    Foundation, Philadelphia, Pennsylvania, for care and preservation of
    collection at the Richard Allen Museum, $225,000 shall be awarded to
    the Museum of Aviation Foundation Inc., Warner Robins, Georgia,
    $250,000 shall be awarded to the Museum of Broadcast Communications,
    Chicago, Illinois, for educational programming, $1,000,000 shall be
    awarded to the Museum of Science in Boston, Massachusetts, for
    technology upgrades and equipment for the National Center for
    Technology Literacy, $100,000 shall be awarded to the Mystic Seaport,
    the Museum of America and the Sea, Mystic, Connecticut, to support
    collections, $50,000 shall be awarded to the National Canal Museum,
    Easton, Pennsylvania, for educational programming and exhibits on the
    use of transportation and industrial technology along the Lehigh Canal,
    $400,000 shall be awarded to the National Center for American
    Revolution, Wayne, Pennsylvania, for exhibit design and curriculum
    development for the Museum of the American Revolution at Valley Forge
    National Historic Park, $50,000 shall be awarded to the National Center
    for the Study of Civil Rights and African-American Culture, Alabama
    State University, Montgomery, Alabama, for support of events leading
    into the 50th anniversary of the Montgomery Bus Boycott, $500,000 shall
    be awarded to the National Civil Rights Museum in Memphis for exhibit
    design and development, and for educational programs, $16,000 shall be
    awarded to the National Distance Running Hall of Fame, Utica, New York,
    for display cases and to establish new interactive displays, $500,000
    shall be awarded to the National Liberty Museum, Philadelphia,
    Pennsylvania, for a teacher training program to assist educators in
    addressing violence in schools, $650,000 shall be awarded to the
    National Mississippi River Museum and Aquarium in Dubuque, Iowa for
    exhibits, $200,000 shall be awarded to the National Museum of American
    Jewish History, Philadelphia, Pennsylvania, for online educational
    programming and technology modernization, $1,000,000 shall be awarded
    to the National Museum of Women in the Arts, Washington, D.C.,
    $1,000,000 shall be awarded to the Native American Cultural and
    Educational Authority, Oklahoma City, Oklahoma, for the Oklahoma Native
    American Culture Center and Museum, to be expended only upon meeting
    the matching requirements in title III, section 301(b)(2)(B) of Public
    Law 107-331, $300,000 shall be awarded to the Negro Leagues Baseball
    Museum, Kansas City, Missouri, for exhibits for the Double Play Action
    Center, $400,000 shall be awarded to the New York Botanical Garden's
    Virtual Herbarium imaging project in Bronx, New York, $900,000 shall be
    awarded to the New York Hall of Science to develop, expand, and display
    science-related educational materials, $420,000 shall be awarded to the
    Niagara County Historical Society, Lockport, New York, to create a
    state-of-the-art interpretive museum, $50,000 shall be awarded to the
    Northwest Museum of Arts and Culture, Spokane, Washington, for the Star
    Nations Program, $210,000 shall be awarded to the O. Winston Link
    Museum, Roanoke, Virginia, for displays and digitization, $150,000
    shall be awarded to the Piper's Opera House Programs, Inc., Virginia
    City, Nevada, for exhibit design and development, educational
    programming, and technology modernization, $100,000 shall be awarded to
    the Pittsburgh Children's Museum, Pittsburgh, Pennsylvania, to expand
    arts and after-school programs for at-risk children, $50,000 shall be
    awarded to the Placer County Library, Auburn, California, to enhance
    library collection through the purchase of library materials, $977,000
    shall be awarded to the Plano Community Library District, Plano,
    Illinois, for expenses related to the library, $725,000 shall be
    awarded to the Please Touch Museum, Philadelphia, Pennsylvania, to
    develop educational programs focusing on hands-on learning experiences,
    $100,000 shall be awarded to the Plumas County Library, Quincy,
    California, for library materials, $25,000 shall be awarded to the
    Putnam County Commissioners, Winfield, West Virginia, for technology
    for the public library system in Putnam County, $200,000 shall be
    awarded to the Rock and Roll Hall of Fame and Museum, Cleveland, Ohio,
    for the Rockin' the Schools education program, $50,000 shall be awarded
    to the Saint Tikhon's Theological Seminary, South Canaan, Pennsylvania,
    for care and preservation of Russian artifacts, $250,000 shall be
    awarded to the San Bernardino County, San Bernardino, California, for
    the San Bernardino County Museum, $100,000 shall be awarded to the
    Serra Cooperative Library System, San Diego, California, to provide
    Live Homework Help Project to help students with expert tutors for
    real-time online instructions, $100,000 shall be awarded to the Simon
    Wiesenthal Center's Los Angeles Museum for Tolerance, Los Angeles,
    California, for the Tools for Tolerance for Educators program to
    provide teacher training in diversity, tolerance and cooperation,
    $25,000 shall be awarded to the Southern New Hampshire Services, Inc.,
    Manchester, New Hampshire, for exhibit acquisition for SEE Science
    Center, $400,000 shall be awarded to the Speed Art Museum, Louisville,
    Kentucky, $100,000 shall be awarded to the Standing Bear Museum and
    Learning Center, Ponca City, Oklahoma, $1,000,000 shall be awarded to
    the State Historical Society of Iowa in Des Moines, Iowa, for the
    development of exhibits for the World Food Prize, $200,000 shall be
    awarded to the Taft Museum of Art, Cincinnati, Ohio, for educational
    programming and exhibits, $1,000,000 shall be awarded to the Tennessee
    State University African American History Museum, Nashville, Tennessee,
    to enhance the library facilities which will include new exhibits,
    expanded archives, and research programs, $24,000 shall be awarded to
    The Arts Guild of Old Forge, Old Forge, New York, for the new exhibits
    spaces and educational programs, $50,000 shall be awarded to the
    Tifton-Tift County Public Library, Tifton, Georgia, $60,000 shall be
    awarded to the Tillamook County Library, Tillamook, Oregon, for design
    and development of exhibits and educational programs, $100,000 shall be
    awarded to the Town of Greece, Rochester, New York, for the Greece
    Public Library Security program, $50,000 shall be awarded to the
    Tuskegee Multicultural Center, Tuskegee, Alabama, to provide for
    technology enhancements and installation of exhibits, $400,000 shall be
    awarded to the University of Idaho for digital archiving and
    preservation of historically significant American music and
    facilitating its access to students and scholars nationwide, $500,000
    shall be awarded to the Vietnam Archives Center at Texas Tech
    University, Lubbock, Texas, for technology infrastructure, $250,000
    shall be awarded to the Virginia Historical Society, Richmond,
    Virginia, to assist with educational programmatic development and for
    cataloging and archiving of business history records, $100,000 shall be
    awarded to the Virginia Living Museum for the expansion of its
    educational programs in its capital campaign project, $100,000 shall be
    awarded to the Westminster College Library, New Willmington,
    Pennsylvania, for technology upgrades and computers and community
    programming, $600,000 shall be awarded to the WWII Victory Memorial
    Museum, Auburn, Indiana, for interpretive dioramas, education, research
    library and visual documentary, and $100,000 shall be awarded to the
    Zimmer Children's Museum, Los Angeles, California, to expand the
    youTHink education program.

                      Medicare Payment Advisory Commission

                              salaries and expenses

        For expenses necessary to carry out section 1805 of the Social
    Security Act, $9,300,000, 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,
    $3,039,000.

                         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,
    $244,073,000: 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), $9,863,000.

                           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,
    $26,229,300,000, 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 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) In General.--Amounts made available under this Act
    for the administrative and related expenses for departmental management
    for the Department of Labor, the Department of Health and Human
    Services, and the Department of Education shall be reduced on a pro
    rata basis by $50,000,000: Provided, That not later than 15 days after
    the enactment of this Act, the Director of the Office of Management and
    Budget shall report to the House and Senate Committees on
    Appropriations the accounts subject to the pro rata reductions and the
    amount to be reduced in each account.
        (b) Limitation.--The reduction required by subsection (a) shall not
    apply to the Food and Drug Administration and the Indian Health
    Service.
        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.
        This division may be cited as the ``Departments of Labor, Health
    and Human Services, and Education, and Related Agencies Appropriations
    Act, 2004''.

    DIVISION F--DEPARTMENTS OF TRANSPORTATION AND TREASURY, AND INDEPENDENT
                       AGENCIES APPROPRIATIONS ACT, 2004

                                     An Act

        Making appropriations for the Departments of Transportation and
    Treasury, and independent agencies for the fiscal year ending September
                        30, 2004, and for other purposes.

    That the following sums are appropriated, out of any money in the
    Treasury not otherwise appropriated, for the Departments of
    Transportation and Treasury and independent agencies for the fiscal
    year ending September 30, 2004, and for other purposes, namely:

                                    TITLE I

                          DEPARTMENT OF TRANSPORTATION

                            Office of the Secretary

                              Salaries and Expenses

        For necessary expenses of the Office of the Secretary, $80,903,000,
    of which not to exceed $2,210,000 shall be available for the immediate
    Office of the Secretary; not to exceed $700,000 shall be available for
    the immediate Office of the Deputy Secretary; not to exceed $15,403,000
    shall be available for the Office of the General Counsel; not to exceed
    $12,312,000 shall be available for the Office of the Under Secretary of
    Transportation for Policy; not to exceed $8,536,000 shall be available
    for the Office of the Assistant Secretary for Budget and Programs; not
    to exceed $2,300,000 shall be available for the Office of the Assistant
    Secretary for Governmental Affairs; not to exceed $24,612,000 shall be
    available for the Office of the Assistant Secretary for Administration;
    not to exceed $1,915,000 shall be available for the Office of Public
    Affairs; not to exceed $1,447,000 shall be available for the Office of
    the Executive Secretariat; not to exceed $700,000 shall be available
    for the Board of Contract Appeals; not to exceed $1,268,000 shall be
    available for the Office of Small and Disadvantaged Business
    Utilization; not to exceed $2,000,000 for the Office of Intelligence
    and Security; and not to exceed $7,500,000 shall be available for the
    Office of the Chief Information Officer: Provided, That the Secretary
    of Transportation is authorized to transfer funds appropriated for any
    office of the Office of the Secretary to any other office of the Office
    of the Secretary: Provided further, That no appropriation for any
    office shall be increased or decreased by more than 5 percent by all
    such transfers: Provided further, That any change in funding greater
    than 5 percent shall be submitted for approval to the House and Senate
    Committees on Appropriations: Provided further, That not to exceed
    $60,000 shall be for allocation within the Department for official
    reception and representation expenses as the Secretary may determine:
    Provided further, That notwithstanding any other provision of law,
    excluding fees authorized in Public Law 107-71, there may be credited
    to this appropriation up to $2,500,000 in funds received in user fees:
    Provided further, That none of the funds provided in this Act shall be
    available for the position of Assistant Secretary for Public Affairs.

                              Office of Civil Rights

        For necessary expenses of the Office of Civil Rights, $8,569,000.

                Transportation Planning, Research, and Development

        For necessary expenses for conducting transportation planning,
    research, systems development, development activities, and making
    grants, to remain available until expended, $20,864,000.

                               Working Capital Fund

        Necessary expenses for operating costs and capital outlays of the
    Working Capital Fund, not to exceed $116,715,000, shall be paid from
    appropriations made available to the Department of Transportation:
    Provided, That such services shall be provided on a competitive basis
    to entities within the Department of Transportation: Provided further,
    That the above limitation on operating expenses shall not apply to non-
    DOT entities: Provided further, That no funds appropriated in this Act
    to an agency of the Department shall be transferred to the Working
    Capital Fund without the approval of the agency modal administrator:
    Provided further, That no assessments may be levied against any
    program, budget activity, subactivity or project funded by this Act
    unless notice of such assessments and the basis therefor are presented
    to the House and Senate Committees on Appropriations and are approved
    by such Committees.

                    Minority Business Resource Center Program

        For the cost of guaranteed loans, $500,000, as authorized by 49
    U.S.C. 332: Provided, That such costs, including the cost of modifying
    such loans, shall be as defined in section 502 of the Congressional
    Budget Act of 1974: Provided further, That these funds are available to
    subsidize total loan principal, any part of which is to be guaranteed,
    not to exceed $18,367,000. In addition, for administrative expenses to
    carry out the guaranteed loan program, $400,000.

                            Minority Business Outreach

        For necessary expenses of Minority Business Resource Center
    outreach activities, $3,000,000, to remain available until September
    30, 2005: Provided, That notwithstanding 49 U.S.C. 332, these funds may
    be used for business opportunities related to any mode of
    transportation.

                             Payments to Air Carriers

                         (Airport and Airway Trust Fund)

        In addition to funds made available from any other source to carry
    out the essential air service program under 49 U.S.C. 41731 through
    41742, $52,000,000, to be derived from the Airport and Airway Trust
    Fund, to remain available until expended.

                        Federal Aviation Administration

                                    Operations

        For necessary expenses of the Federal Aviation Administration, not
    otherwise provided for, including operations and research activities
    related to commercial space transportation, administrative expenses for
    research and development, establishment of air navigation facilities,
    the operation (including leasing) and maintenance of aircraft,
    subsidizing the cost of aeronautical charts and maps sold to the
    public, lease or purchase of passenger motor vehicles for replacement
    only, in addition to amounts made available by Public Law 104-264,
    $7,530,925,000, of which $4,500,000,000 shall be derived from the
    Airport and Airway Trust Fund, of which not to exceed $6,053,724,000
    shall be available for air traffic services program activities; not to
    exceed $880,684,000 shall be available for aviation regulation and
    certification program activities; not to exceed $218,481,000 shall be
    available for research and acquisition program activities; not to
    exceed $11,776,000 shall be available for commercial space
    transportation program activities; not to exceed $49,783,000 shall be
    available for financial services program activities; not to exceed
    $76,529,000 shall be available for human resources program activities;
    not to exceed $86,749,000 shall be available for regional coordination
    program activities; not to exceed $143,150,000 shall be available for
    staff offices; and not to exceed $29,681,000 shall be available for
    information services: Provided, That none of the funds in this Act
    shall be available for the Federal Aviation Administration to finalize
    or implement any regulation that would promulgate new aviation user
    fees not specifically authorized by law after the date of the enactment
    of this Act: Provided further, That there may be credited to this
    appropriation funds received from States, counties, municipalities,
    foreign authorities, other public authorities, and private sources, for
    expenses incurred in the provision of agency services, including
    receipts for the maintenance and operation of air navigation
    facilities, and for issuance, renewal or modification of certificates,
    including airman, aircraft, and repair station certificates, or for
    tests related thereto, or for processing major repair or alteration
    forms: Provided further, That of the funds appropriated under this
    heading, not less than $6,500,000 shall be for the contract tower cost-
    sharing program: Provided further, That funds may be used to enter into
    a grant agreement with a nonprofit standard-setting organization to
    assist in the development of aviation safety standards: Provided
    further, That none of the funds in this Act shall be available for new
    applicants for the second career training program: Provided further,
    That none of the funds in this Act shall be available for paying
    premium pay under 5 U.S.C. 5546(a) to any Federal Aviation
    Administration employee unless such employee actually performed work
    during the time corresponding to such premium pay: Provided further,
    That none of the funds in this Act may be obligated or expended to
    operate a manned auxiliary flight service station in the contiguous
    United States: Provided further, That none of the funds in this Act for
    aeronautical charting and cartography are available for activities
    conducted by, or coordinated through, the Working Capital Fund:
    Provided further, That of the amount appropriated under this heading,
    not to exceed $50,000 may be transferred to the Aircraft Loan Purchase
    Guarantee Program: Provided further, That not later than March 1, 2004,
    the Secretary of Transportation, in consultation with the Administrator
    of the Federal Aviation Administration, shall issue final regulations,
    pursuant to 5 U.S.C. 8335, establishing an exemption process allowing
    individual air traffic controllers to delay mandatory retirement until
    the employee reaches no later than 61 years of age: Provided further,
    That of the funds provided under this heading, $4,000,000 is available
    only for recruitment, personnel compensation and benefits, and related
    costs to raise the level of operational air traffic control supervisors
    to the level of 1,726: Provided further, That none of the funds in this
    Act may be obligated or expended to execute or continue to implement a
    memorandum of understanding or memorandum of agreement (or any
    revisions thereto) with representatives of any FAA bargaining unit
    after January 1, 2004, unless such document is filed in a central
    registry and catalogued in an automated, searchable database under the
    executive direction of appropriate management representatives at FAA
    headquarters: Provided further, That none of the funds in this Act may
    be obligated or expended for an employee of the Federal Aviation
    Administration to purchase a store gift card or gift certificate
    through use of a Government-issued credit card.

                             Facilities and Equipment

                         (airport and airway trust fund)

        For necessary expenses, not otherwise provided for, for
    acquisition, establishment, technical support services, improvement by
    contract or purchase, and hire of air navigation and experimental
    facilities and equipment, as authorized under part A of subtitle VII of
    title 49, United States Code, including initial acquisition of
    necessary sites by lease or grant; engineering and service testing,
    including construction of test facilities and acquisition of necessary
    sites by lease or grant; construction and furnishing of quarters and
    related accommodations for officers and employees of the Federal
    Aviation Administration stationed at remote localities where such
    accommodations are not available; and the purchase, lease, or transfer
    of aircraft from funds available under this heading; to be derived from
    the Airport and Airway Trust Fund, $2,910,000,000, of which
    $2,489,158,800 shall remain available until September 30, 2006, and of
    which $420,841,200 shall remain available until September 30, 2004:
    Provided, That there may be credited to this appropriation funds
    received from States, counties, municipalities, other public
    authorities, and private sources, for expenses incurred in the
    establishment and modernization of air navigation facilities: Provided
    further, That upon initial submission to the Congress of the fiscal
    year 2005 President's budget, the Secretary of Transportation shall
    transmit to the Congress a comprehensive capital investment plan for
    the Federal Aviation Administration which includes funding for each
    budget line item for fiscal years 2005 through 2009, with total funding
    for each year of the plan constrained to the funding targets for those
    years as estimated and approved by the Office of Management and Budget:
    Provided further, That of the funds provided under this heading, not
    less than $3,000,000 is for contract audit services provided by the
    Defense Contract Audit Agency: Provided further, That of the funds
    provided under this heading, $25,000,000 is available only for the
    Houston Area Air Traffic System.

                             facilities and equipment

                         (airport and airway trust fund)

                                   (rescission)

        Of the available balances under this heading, $30,000,000 are
    rescinded.

                      Research, Engineering, and Development

                         (airport and airway trust fund)

        For necessary expenses, not otherwise provided for, for research,
    engineering, and development, as authorized under part A of subtitle
    VII of title 49, United States Code, including construction of
    experimental facilities and acquisition of necessary sites by lease or
    grant, $119,439,000, to be derived from the Airport and Airway Trust
    Fund and to remain available until September 30, 2006: Provided, That
    there may be credited to this appropriation funds received from States,
    counties, municipalities, other public authorities, and private
    sources, for expenses incurred for research, engineering, and
    development.

                            Grants-in-Aid for Airports

                     (liquidation of contract authorization)

                           (limitation on obligations)

                         (airport and airway trust fund)

        For liquidation of obligations incurred for grants-in-aid for
    airport planning and development, and noise compatibility planning and
    programs as authorized under subchapter I of chapter 471 and subchapter
    I of chapter 475 of title 49, United States Code, and under other law
    authorizing such obligations; for procurement, installation, and
    commissioning of runway incursion prevention devices and systems at
    airports of such title; for grants authorized under section 41743 of
    title 49, United States Code; and for inspection activities and
    administration of airport safety programs, including those related to
    airport operating certificates under section 44706 of title 49, United
    States Code, $3,400,000,000, to be derived from the Airport and Airway
    Trust Fund and to remain available until expended: Provided, That none
    of the funds under this heading shall be available for the planning or
    execution of programs the obligations for which are in excess of
    $3,400,000,000 in fiscal year 2004, notwithstanding section 47117(g) of
    title 49, United States Code: Provided further, That none of the funds
    under this heading shall be available for the replacement of baggage
    conveyor systems, reconfiguration of terminal baggage areas, or other
    airport improvements that are necessary to install bulk explosive
    detection systems: Provided further, That notwithstanding any other
    provision of law, not more than $66,254,000 of funds limited under this
    heading shall be obligated for administration and not less than
    $20,000,000 shall be for the Small Community Air Service Development
    Pilot Program.

               General Provisions--Federal Aviation Administration

        Sec. 101. Notwithstanding any other provision of law, airports may
    transfer, without consideration, to the Federal Aviation Administration
    (FAA) instrument landing systems (along with associated approach
    lighting equipment and runway visual range equipment) which conform to
    FAA design and performance specifications, the purchase of which was
    assisted by a Federal airport-aid program, airport development aid
    program or airport improvement program grant: Provided, That, the
    Federal Aviation Administration shall accept such equipment, which
    shall thereafter be operated and maintained by FAA in accordance with
    agency criteria.
        Sec. 102. None of the funds in this Act may be used to compensate
    in excess of 350 technical staff-years under the federally funded
    research and development center contract between the Federal Aviation
    Administration and the Center for Advanced Aviation Systems Development
    during fiscal year 2004.
        Sec. 103. None of the funds made available in this Act may be used
    for engineering work related to an additional runway at Louis Armstrong
    New Orleans International Airport.
        Sec. 104. None of the funds in this Act shall be used to pursue or
    adopt guidelines or regulations requiring airport sponsors to provide
    to the Federal Aviation Administration without cost building
    construction, maintenance, utilities and expenses, or space in airport
    sponsor-owned buildings for services relating to air traffic control,
    air navigation, or weather reporting: Provided, That the prohibition of
    funds in this section does not apply to negotiations between the agency
    and airport sponsors to achieve agreement on ``below-market'' rates for
    these items or to grant assurances that require airport sponsors to
    provide land without cost to the FAA for air traffic control
    facilities.
        Sec. 105. For an airport project that the Administrator of the
    Federal Aviation Administration (FAA) determines will add critical
    airport capacity to the national air transportation system, the
    Administrator is authorized to accept funds from an airport sponsor,
    including entitlement funds provided under the ``Grants-in-Aid for
    Airports'' program, for the FAA to hire additional staff or obtain the
    services of consultants: Provided, That the Administrator is authorized
    to accept and utilize such funds only for the purpose of facilitating
    the timely processing, review, and completion of environmental
    activities associated with such project.
        Sec. 106. None of the funds appropriated or limited by this Act may
    be used to change weight restrictions or prior permission rules at
    Teterboro Airport in Teterboro, New Jersey.
        Sec. 107. None of the funds appropriated or otherwise made
    available by this Act may be obligated or expended to establish or
    implement a pilot program under which not more than 10 designated
    essential air service communities located in proximity to hub airports
    are required to assume 10 percent of their essential air subsidy costs
    for a 4-year period, commonly referred to as the EAS local
    participation program.
        Sec. 108. Notwithstanding any other provision of law, the costs of
    construction of terminal and hangar buildings are allowable for an
    airport development project at Somerset-Pulaski County Airport-J.T.
    Wilson Field, Kentucky, and at Pryor Field Regional Airport, Decatur,
    Alabama, under chapter 471 of title 49, United States Code.

                         Federal Highway Administration

                      Limitation on Administrative Expenses

        Necessary expenses for administration and operation of the Federal
    Highway Administration, not to exceed $337,604,000, shall be paid in
    accordance with law from appropriations made available by this Act to
    the Federal Highway Administration together with advances and
    reimbursements received by the Federal Highway Administration:
    Provided, That of the funds available under section 104(a)(1)(A) of
    title 23, United States Code, $7,000,000 shall be available for
    environmental streamlining activities, which may include making grants
    to, or entering into contracts, cooperative agreements, and other
    transactions, with a Federal agency, State agency, local agency,
    authority, association, non-profit or for-profit corporation, or
    institution of higher education.

                               Federal-Aid Highways

                           (LIMITATION ON OBLIGATIONS)

                               (HIGHWAY TRUST FUND)

        None of the funds in this Act shall be available for the
    implementation or execution of programs, the obligations for which are
    in excess of $33,843,000,000 for Federal-aid highways and highway
    safety construction programs for fiscal year 2004: Provided, That
    within the $33,843,000,000 obligation limitation on Federal-aid
    highways and highway safety construction programs, not more than
    $462,500,000 shall be available for the implementation or execution of
    programs for transportation research (sections 502, 503, 504, 506, 507,
    and 508 of title 23, United States Code, as amended; section 5505 of
    title 49, United States Code, as amended; and sections 5112 and 5204-
    5209 of Public Law 105-178) for fiscal year 2004: Provided further,
    That this limitation on transportation research programs shall not
    apply to any authority previously made available for obligation:
    Provided further, That within the $232,000,000 obligation limitation on
    Intelligent Transportation Systems, the following sums shall be made
    available for Intelligent Transportation System projects that are
    designed to achieve the goals and purposes set forth in section 5203 of
    the Intelligent Transportation Systems Act of 1998 (subtitle C of title
    V of Public Law 105-178; 112 Stat. 453; 23 U.S.C. 502 note) in the
    following specified areas:
            City of Huntsville, Alabama, ITS, $4,500,000;
            511 Traveler Information Program in North Carolina, $400,000;
            Advanced Ticket Collection and Passenger Information Systems,
        New Jersey, $750,000;
            Advanced Traffic Analysis Center, North Dakota, $200,000;
            Advanced Transportation Management Systems (ATMS), Montgomery
        County, Maryland, $500,000;
            Alameda Corridor-East Gateway to America Project Phase II, Los
        Angeles, California, $1,200,000;
            Alexandria ITS Real-Time Transit Enhancement Pilot Project,
        $410,000;
            Altarum Restricted Use Technology Study, $1,750,000;
            Altoona, Pennsylvania, ITS, $800,000;
            Amber Alert Multi-Regional Strategic Plan, $400,000;
            ATR Transportation Technology/CVISN, New Mexico, $175,000;
            Auburn, Auburn Way South ITS, Washington, $1,600,000;
            Bay County Area Wide Traffic Signal System, $750,000;
            Cargo Watch Logistics Information System, New York, $2,500,000;
            Carson Passenger Information System, $300,000;
            CCTA Intelligent Transportation Systems, Vermont, $300,000;
            City of Baltimore, Maryland Traffic Congestion Management,
        $200,000;
            City of Boston Intelligent Transportation Systems,
        Massachusetts, $1,000,000;
            City of New Rochelle, NY Traffic Signal Replacement Program,
        $500,000;
            City of Santa Rosa, Intelligent Transportation System,
        $300,000;
            Clark County Transit, VAST ITS, Washington, $1,600,000;
            Computerization of traffic signals in Ashtabula, Ohio, $14,000;
            Corona City-wide automated traffic management system,
        $1,000,000;
            DelTrac Statewide Integration, Delaware, $1,000,000;
            Demonstration project to deploy Geospatial Emergency & Response
        System (GEARS) for transportation, $150,000;
            Detroit Metro Airport ITS, $350,000;
            DuPage County Signal Interconnection Project, $300,000;
            Elk Grove Traffic Operations Center, $960,000;
            Fairfax County Route 1 Traffic Synchronization ITS Pilot
        Project, $500,000;
            FAST Las Vegas (ITS--Phase 2)--Construction, $300,000;
            Fiber Optic Signal Interconnect System, Tuscon, Arizona,
        $3,500,000;
            George Washington University, Virginia Campus, $500,000;
            Germantown Parkway ITS Project, Tennessee, $3,000,000;
            GMU ITS Research, Virginia, $500,000;
            Great Lakes ITS, Michigan, $3,000,000;
            Greater Philadelphia Chamber of Commerce ITS System,
        Pennsylvania, $1,500,000;
            Harbor Boulevard Intelligent Transportation, $800,000;
            Hawthorne Street Public Access Improvements, New Bedford,
        Massachusetts, $150,000;
            Hillsborough Area Regional Transit: Bus Tracking, Communication
        and Security, Florida, $750,000;
            Houma, Louisiana, $1,250,000;
            Houston ITS, $1,500,000;
            I-70 Incident Management Plan Implementation, Colorado,
        $2,500,000;
            I-87 Highway Speed E-Z Pass at the Woodbury Toll Barrier,
        $1,750,000;
            I-87 Smart Corridor, $1,000,000;
            I-90 Phase 2 Connector ITS Testbed--Town of North Greenbush--
        Rensselaer County, New York, $200,000;
            Illinois Statewide ITS, $3,000,000;
            Implementation of Wisconsin DOT's Fiber Optics Network,
        $1,000,000;
            Integration and Implementation of DYNASMART-X, RHODES and
        CLAIRE in Houston, Texas, $500,000;
            Intelligent Transportation System (Kansas City metro area),
        $200,000;
            Intelligent Transportation Systems--Phases II and III, Ohio,
        $700,000;
            Intelligent Transportation Systems Deployment Project,
        Inglewood, California, $500,000;
            Intelligent Transportation Systems, City of Wichita Transit
        Authority, $750,000;
            Intelligent Transportation Systems, Statewide and Commercial
        Vehicle Information Systems Network, Maryland, $750,000;
            Intelligent Transportation Systems, Washington, D.C. Region,
        $500,000;
            Intersection Signalization Project for the City of Virginia
        Beach, Virginia, $500,000;
            Iowa Transportation Systems, $750,000;
            ITS Baton Rouge, Louisiana, $1,250,000;
            ITS Expansion in Davis and Utah Counties, Utah, $1,250,000;
            ITS Logistics and Systems Management for the Gateway Cities,
        $250,000;
            ITS Technologies, San Antonio, Texas, $200,000;
            ITS, Cache Valley, Utah, $1,000,000;
            Jacksonville Transportation Authority, Intelligent
        Transportation Initiative--Regional Planning, Florida, $750,000;
            King County, County-wide Signal Program, Washington,
        $1,500,000;
            Lincoln, Nebraska StarTran Automatic Vehicle Locator System,
        $1,000,000;
            Los Angeles MTA Regional Universal Fare System, $500,000;
            Macomb County ITS Integration, Michigan, $600,000;
            Maine Statewide ITS, $1,000,000;
            Market Street Signalization Improvements, $100,000;
            MARTA Automated Fare Collection/Smart Card System, Georgia,
        $700,000;
            Metrolina Transportation Management Center, $1,750,000;
            Mid-America Surface Transportation Water Research Institute,
        North Dakota, $500,000;
            Minnesota Guidestar, $1,250,000;
            Missouri Statewide Rural ITS, $4,000,000;
            Mobile Data Computer Network Phase II (MDCN), Wisconsin,
        $2,200,000;
            Monroe County ATMS ITS Deployment Project, $800,000;
            Montachusett Area Regional Transit (MART) AVLS, Massachusetts,
        $240,000;
            Multi Region Advanced Traveler Information System (ATIS) for
        the IH-20 Corridor--Phase 1 in Texas, $550,000;
            Nebraska Statewide Intelligent Transportation System
        Deployment, $1,000,000;
            New York State Thruway Authority Traffic Operation Package for
        I-95 and I-87, $1,676,000;
            North Bergen, New Jersey Traffic Signalization Replacement,
        $1,000,000;
            Oklahoma Statewide ITS, $4,000,000;
            Palm Tran, Palm Beach County, Florida--Automated Vehicle
        Location and Mobile Data Terminals, $1,000,000;
            Portland State University Intelligent Transportation Research
        Initiative, $400,000;
            Program of Projects, Washington, $2,000,000;
            Project Hoosier SAFE-T, $2,000,000;
            Real Time Transit Passenger Information System for the Prince
        George's County Dept. of Public Works, Maryland, $1,000,000;
            Regional Intelligent Transportation System, Springfield,
        Missouri, $2,000,000;
            Regional ITS Architecture and Deployment Plan for the Eagle
        Pass Region and Integrate with Laredo, $300,000;
            Roosevelt Boulevard ITS Enhancement Pilot Program, $750,000;
            Rural Freeway Management System Implementation for the IH-20
        Corridor in the Tyler Region--Phase 1, $200,000;
            Sacramento Area Council of Governments--ITS Projects,
        California, $1,175,000;
            San Diego Joint Transportation Operations Center, $400,000;
            Seacoast Intelligent Transportation System Congestion Relief
        Project, $1,000,000;
            Seattle City Center ITS, Washington, $2,500,000;
            Shreveport Intelligent Transportation System, Louisiana,
        $1,000,000;
            South Carolina DOT Inroads Intelligent Transportation System,
        $3,500,000;
            Spotswood Township, NJ; Expand and improve traffic flow with
        road improvements, $250,000;
            SR 924 ITS Integration Project, $1,000,000;
            SR 112 ITS Integration Project, $300,000;
            Statewide AVL Initiative, Nebraska, $300,000;
            Swatara Township, Pennsylvania--Traffic Signalization
        Improvements, $100,000;
            TalTran ITS Smartbus Program, Florida, $1,750,000;
            Texas Medical Center EMS Early Warning Transportation System,
        $1,000,000;
            Texas Statewide ITS Deployment and Integration, City of
        Lubbock, $400,000;
            Texas Statewide ITS Deployment and Integration, Port of
        Galveston, $400,000;
            Town of Cary Computerized Traffic Signal Project, North
        Carolina, $800,000;
            Traffic Signal Controllers & Cabinets, District of Columbia,
        $400,000;
            TRANSCOM Regional Architecture & TRANSMIT project, NJ, NY, &
        CT, $500,000;
            Transportation Research Center (TRC) for Freight, Trade,
        Security, and Economic Strength, Georgia, $500,000;
            Tukwila, Signalization Interconnect and Intelligent
        Transportation, Washington, $1,400,000;
            Twin Cities, Minnesota Redundant Communications Pilot,
        $1,000,000;
            Tysons Transportation Association--ITS, $250,000;
            University of Kentucky Transportation Center, $1,000,000;
            Ventura County Intelligent Transportation System, $1,000,000;
            West Baton Rouge Parish Joint Operations Emergency
        Communications Center, $800,000;
            Wisconsin CVISN Level One Deployment, $800,000; and
            Wyoming Statewide ITS Initiative, $4,000,000.

                               Federal-Aid Highways

                     (liquidation of contract authorization)

                               (highway trust fund)

        Notwithstanding any other provision of law, for carrying out the
    provisions of title 23, United States Code, that are attributable to
    Federal-aid highways, including the National Scenic and Recreational
    Highway as authorized by 23 U.S.C. 148, not otherwise provided,
    including reimbursement for sums expended pursuant to the provisions of
    23 U.S.C. 308, $34,000,000,000 or so much thereof as may be available
    in and derived from the Highway Trust Fund, to remain available until
    expended.

                               Federal-Aid Highways

                Miscellaneous Highway and Highway Safety Programs

                               (Highway Trust Fund)

        Notwithstanding any other provision of law, from the available
    unobligated balances under the programs for which funds are authorized
    under sections 1101(a)(1), 1101(a)(2), 1101(a)(3), 1101(a)(4), and
    1101(a)(5) of Public Law 105-178, as amended, $15,000,000 shall be made
    available for planning and design activities, and initiation of
    construction of the project at Pennsylvania Avenue in front of the
    White House; $20,000,000 shall be made available to provide grants to
    States for the development or enhancement of notification or
    communications systems along highways for alerts and other information
    for the recovery of abducted children under section 303 of Public Law
    108-21; $8,000,000 shall be made available to the Federal Motor Carrier
    Safety Administration to make grants to States for implementation of
    section 210 of Public Law 106-159; $3,500,000 shall be made available
    to the Federal Motor Carrier Safety Administration for necessary
    operating expenses and personnel for implementation of section 210 of
    Public Law 106-159; $23,000,000 shall be made available to the Federal
    Motor Carrier Safety Administration to make grants to States for
    southern border State operations for the purposes described in 49
    U.S.C. 31104(f)(2)(B); $9,000,000 shall be made available to the
    Federal Motor Carrier Safety Administration to make grants to States
    for northern border truck inspections; $21,000,000 shall be made
    available to the Federal Motor Carrier Safety Administration to make
    grants to States, local governments, or other entities for commercial
    driver's license program improvements; $47,000,000 shall be made
    available to make grants to States for construction of State border
    safety inspection facilities at the United States border with Mexico;
    and $150,545,000 shall be made available to the National Highway
    Traffic Safety Administration for expenses necessary to discharge the
    functions of the Secretary, with respect to traffic and highway safety
    under chapter 301 of title 49, United States Code, and part C of
    subtitle VI of title 49, United States Code: Provided, That funds shall
    be made available from a State's available unobligated balances in the
    programs funded under sections 1101(a)(1) through (5) of Public Law
    105-178, as amended, in the ratio that the State's total amount of
    funds apportioned under such programs for fiscal year 2003 bears to the
    total amount of funds apportioned to all States under such programs:
    Provided further, That the funds made available under this heading may
    be transferred by the Secretary to another Federal agency, such funds
    to be then administered by the procedures of the Federal agency to
    which such funds are transferred: Provided further, That none of the
    funds provided to the National Highway Traffic Safety Administration
    may be obligated or expended to plan, finalize, or implement any
    rulemaking to add to section 575.104 of title 49, Code of Federal
    Regulations any requirement pertaining to a grading standard that is
    different from the three grading standards (treadwear, traction, and
    temperature resistance) already in effect: Provided further, That all
    funds made available for obligation under this heading shall be
    available in the same manner as though such funds were apportioned
    under chapter 1 of title 23, United States Code, except that the
    Federal share payable on account of any program, project, or activity
    carried out with funds made available under this heading shall be 100
    percent and such funds shall remain available for obligation until
    expended: Provided further, That all funds made available under this
    heading shall be subject to any limitation on obligations for Federal-
    aid highways and highway safety construction programs set forth in this
    Act or any other Act.

                              Federal-Aid Highways

                               (highway trust fund)

                                   (RESCISSION)

        Of the unobligated balances of funds apportioned to each State
    under the program authorized under sections 1101(a)(1), 1101(a)(2),
    1101(a)(3), 1101(a)(4), and 1101(a)(5) of Public Law 105-178, as
    amended, $207,000,000 are rescinded.

                      Appalachian Development Highway System

        For necessary expenses for the Appalachian Development Highway
    System as authorized under section 1069(y) of Public Law 102-240, as
    amended, $125,000,000, to remain available until expended.

                General Provisions--Federal Highway Administration

        Sec. 110. (a) For fiscal year 2004, the Secretary of Transportation
    shall--
            (1) not distribute from the obligation limitation for Federal-
        aid Highways amounts authorized for administrative expenses and
        programs funded from the administrative takedown authorized by
        section 104(a)(1)(A) of title 23, United States Code, for the
        highway use tax evasion program, for the Bureau of Transportation
        Statistics and for the programs, projects, and activities for which
        funds are made available under the heading ``Federal-Aid Highways,
        Miscellaneous Highway and Highway Safety Programs'' in this Act;
            (2) not distribute an amount from the obligation limitation for
        Federal-aid Highways that is equal to the unobligated balance of
        amounts made available from the Highway Trust Fund (other than the
        Mass Transit Account) for Federal-aid highways and highway safety
        programs for the prior fiscal years the funds for which are
        allocated by the Secretary;
            (3) determine the ratio that--
                (A) the obligation limitation for Federal-aid Highways less
            the aggregate of amounts not distributed under paragraphs (1)
            and (2), bears to
                (B) the total of the sums authorized to be appropriated for
            Federal-aid highways and highway safety construction programs
            (other than sums authorized to be appropriated for sections set
            forth in paragraphs (1) through (7) of subsection (b) and sums
            authorized to be appropriated for section 105 of title 23,
            United States Code, equal to the amount referred to in
            subsection (b)(8)) for such fiscal year less the aggregate of
            the amounts not distributed under paragraph (1) of this
            subsection;
            (4) distribute the obligation limitation for Federal-aid
        Highways less the aggregate amounts not distributed under
        paragraphs (1) and (2) for section 201 of the Appalachian Regional
        Development Act of 1965 and $2,000,000,000 for such fiscal year
        under section 105 of title 23, United States Code (relating to
        minimum guarantee) so that the amount of obligation authority
        available for each of such sections is equal to the amount
        determined by multiplying the ratio determined under paragraph (3)
        by the sums authorized to be appropriated for such section (except
        in the case of section 105, $2,000,000,000) for such fiscal year;
            (5) distribute the obligation limitation provided for Federal-
        aid Highways less the aggregate amounts not distributed under
        paragraphs (1) and (2) and amounts distributed under paragraph (4)
        for each of the programs that are allocated by the Secretary under
        title 23, United States Code (other than activities to which
        paragraph (1) applies and programs to which paragraph (4) applies)
        by multiplying the ratio determined under paragraph (3) by the sums
        authorized to be appropriated for such program for such fiscal
        year; and
            (6) distribute the obligation limitation provided for Federal-
        aid Highways less the aggregate amounts not distributed under
        paragraphs (1) and (2) and amounts distributed under paragraphs (4)
        and (5) for Federal-aid highways and highway safety construction
        programs (other than the minimum guarantee program, but only to the
        extent that amounts apportioned for the minimum guarantee program
        for such fiscal year exceed $2,639,000,000, and the Appalachian
        development highway system program) that are apportioned by the
        Secretary under title 23, United States Code, in the ratio that--
                (A) sums authorized to be appropriated for such programs
            that are apportioned to each State for such fiscal year, bear
            to
                (B) the total of the sums authorized to be appropriated for
            such programs that are apportioned to all States for such
            fiscal year.
        (b) Exceptions From Obligation Limitation.--The obligation
    limitation for Federal-aid Highways shall not apply to obligations: (1)
    under section 125 of title 23, United States Code; (2) under section
    147 of the Surface Transportation Assistance Act of 1978; (3) under
    section 9 of the Federal-Aid Highway Act of 1981; (4) under sections
    131(b) and 131(j) of the Surface Transportation Assistance Act of 1982;
    (5) under sections 149(b) and 149(c) of the Surface Transportation and
    Uniform Relocation Assistance Act of 1987; (6) under sections 1103
    through 1108 of the Intermodal Surface Transportation Efficiency Act of
    1991; (7) under section 157 of title 23, United States Code, as in
    effect on the day before the date of the enactment of the
    Transportation Equity Act for the 21st Century; (8) under section 105
    of title 23, United States Code (but, only in an amount equal to
    $639,000,000 for such fiscal year); and for Federal-aid highway
    programs for which obligation authority was made available under the
    Transportation Equity Act for the 21st Century or subsequent public
    laws for multiple years or to remain available until used, but only to
    the extent that such obligation authority has not lapsed or been used.
        (c) Redistribution of Unused Obligation Authority.--Notwithstanding
    subsection (a), the Secretary shall after August 1 for such fiscal year
    revise a distribution of the obligation limitation made available under
    subsection (a) if a State will not obligate the amount distributed
    during that fiscal year and redistribute sufficient amounts to those
    States able to obligate amounts in addition to those previously
    distributed during that fiscal year giving priority to those States
    having large unobligated balances of funds apportioned under sections
    104 and 144 of title 23, United States Code, section 160 (as in effect
    on the day before the enactment of the Transportation Equity Act for
    the 21st Century) of title 23, United States Code, and under section
    1015 of the Intermodal Surface Transportation Efficiency Act of 1991
    (105 Stat. 1943-1945).
        (d) Applicability of Obligation Limitations to Transportation
    Research Programs.--The obligation limitation shall apply to
    transportation research programs carried out under chapter 5 of title
    23, United States Code, except that obligation authority made available
    for such programs under such limitation shall remain available for a
    period of 3 fiscal years.
        (e) Redistribution of Certain Authorized Funds.--Not later than 30
    days after the date of the distribution of obligation limitation under
    subsection (a), the Secretary shall distribute to the States any funds:
    (1) that are authorized to be appropriated for such fiscal year for
    Federal-aid highways programs (other than the program under section 160
    of title 23, United States Code) and for carrying out subchapter I of
    chapter 311 of title 49, United States Code, and highway-related
    programs under chapter 4 of title 23, United States Code; and (2) that
    the Secretary determines will not be allocated to the States, and will
    not be available for obligation, in such fiscal year due to the
    imposition of any obligation limitation for such fiscal year. Such
    distribution to the States shall be made in the same ratio as the
    distribution of obligation authority under subsection (a)(6). The funds
    so distributed shall be available for any purposes described in section
    133(b) of title 23, United States Code.
        (f) Special Rule.--Obligation limitation distributed for a fiscal
    year under subsection (a)(4) of this section for a section set forth in
    subsection (a)(4) shall remain available until used and shall be in
    addition to the amount of any limitation imposed on obligations for
    Federal-aid highway and highway safety construction programs for future
    fiscal years.
        (g) Of the obligation authority distributed to a State under
    subsection (a)(6), an amount of obligation authority equal to the
    amount for each surface transportation project in such State identified
    in section 115 of the statement of managers accompanying this Act shall
    be available for carrying out each project.
        (h) The obligation limitation made available for the programs,
    projects, and activities for which funds are made available under the
    heading ``Federal-Aid Highways, Miscellaneous Highway and Highway
    Safety Program'' of this Act shall remain available until used and
    shall be in addition to the amount of any limitation imposed on
    obligations for Federal-aid highway and highway safety construction
    programs for future fiscal years.
        Sec. 111. Notwithstanding any other provision of law:
            (1) Section 1105(c) of the Intermodal Surface Transportation
        Efficiency Act of 1991 (105 Stat. 2032; 112 Stat. 191; 115 Stat.
        871) is amended--
                (A) in paragraph (42), by striking ``Fulton, Mississippi,''
            the first time that it appears and all that follows to the end
            of the paragraph and inserting ``Fulton, Mississippi.''; and
                (B) by adding at the end the following:
            ``(45) The United States Route 78 Corridor from Memphis,
        Tennessee, to Corridor X of the Appalachian development highway
        system near Fulton, Mississippi, and Corridor X of the Appalachian
        development highway system extending from near Fulton, Mississippi,
        to near Birmingham, Alabama.''.
            (2) Section 1105(e)(5) of the Intermodal Surface Transportation
        Efficiency Act of 1991 (105 Stat. 2032; 115 Stat. 872) is amended--
                (A) in subparagraph (A) by striking ``(A) In general.--The
            portions'' and all that follows through the end of the first
            sentence and inserting:
                ``(A) In general.--The portions of the routes referred to
            in subsection (c)(1), subsection (c)(3) (relating solely to the
            Kentucky Corridor), clauses (i), (ii), and (except with respect
            to Georgetown County) (iii) of subsection (c)(5)(B), subsection
            (c)(9), subsections (c)(18) and (c)(20), subsection (c)(36),
            subsection (c)(37), subsection (c)(40), subsection (c)(42), and
            subsection (c)(45) that are not a part of the Interstate System
            are designated as future parts of the Interstate System.''; and
                (B) by adding the following at the end of subparagraph
            (B)(i): ``The route referred to in subsection (c)(45) is
            designated as Interstate Route I-22.''.
        Sec. 112. Notwithstanding any other provision of law, in section
    1602 of the Transportation Equity Act for the 21st Century:
            (1) Item number 230 is amended by striking ``Monroe County
        transportation improvements on Long Pond Road, Pattonwood Road, and
        Lyell road'' and inserting ``Route 531/Brockport-Rochester Corridor
        in Monroe County, New York''.
            (2) Item number 1149 is amended by striking ``Traffic
        Mitigation Project on William Street and Losson Road in
        Cheektowaga'' and inserting ``Study and implement mitigation and
        diversion options for William Street and Broadway Street in
        Cheektowaga, I-90 Corridor Study; Interchange 53 to Interchange 49,
        PIN 552830 and Cheektowaga Rails to Trails, PIN 575508''.
            (3) Item number 476 is amended by striking ``Expand Perkins
        Road in Baton Rouge'' and inserting ``Feasibility study, design,
        and construction of a connector between Louisiana Highway 1026 and
        I-12 in Livingston Parish''.
            (4) Item 4 of the table contained in section 1602 of the
        Transportation Equity Act for the 21st Century, relating to
        construction of a bike path in Michigan, is amended by striking
        ``between Mount Clemens and New Baltimore'' and inserting ``for the
        Macomb Orchard Trail in Macomb County''.
            (5) Item number 1077 is amended by striking ``Construct I-95-I-
        26 interchange, Orangeburg Co'' and inserting ``Expand
        Transportation Research Center, South Carolina State University,
        Orangeburg, SC''.
            (6) Item number 897 is amended by striking ``Upgrade Bishop
        Ford Expressway/142nd St. interchange'' and inserting ``Road
        upgrade and access road near the intersection of I-80 and I-57 in
        Country Club Hills, Illinois''.
            (7) Item number 436 is amended by inserting after ``Ohio River
        Major Investment Study Project, Kentucky and Indiana'' the
        following: ``, and preliminary engineering and right of way
        acquisition associated with the project''.
        Sec. 113. Notwithstanding 31 U.S.C. 3302, funds received by the
    Bureau of Transportation Statistics from the sale of data products, for
    necessary expenses incurred pursuant to 49 U.S.C. 111 may be credited
    to the Federal-aid highways account for the purpose of reimbursing the
    Bureau for such expenses: Provided, That such funds shall be subject to
    the obligation limitation for Federal-aid highways and highway safety
    construction.
        Sec. 114. Intelligent Transportation Systems appropriations made to
    the State of Wisconsin in Public Law 105-277, Public Law 106-69, and
    Public Law 107-87 shall not be subject to the limitations of Public Law
    105-178, section 5208(d), 23 U.S.C. 502 note.
        Sec. 115. Notwithstanding any other provision of law, from the
    available unobligated balances under the programs for which funds are
    authorized under sections 1101(a)(1), 1101(a)(2), 1101(a)(3),
    1101(a)(4), and 1101(a)(5) of Public Law 105-178, as amended, of each
    State for which a project or projects in such State identified under
    this section in the statement of managers accompanying this Act shall
    be made available for necessary expenses to carry out such project:
    Provided, That the amount identified for each such project shall be
    made available from the State's unobligated balance in any of the five
    specified programs for which the project would be eligible, such
    selection to be at the option of the State: Provided further, That if a
    project is not otherwise eligible for funding under one of the five
    programs, then such project shall be deemed eligible and shall be
    funded from the unobligated balance of funds made available for the
    program for which funds are authorized under section 1101(a)(4) of
    Public Law 105-178, as amended, but not including funds setaside
    pursuant to section 133(d) of title 23, United States Code: Provided
    further, That funds made available under this section may, at the
    request of a State, be transferred by the Secretary to another Federal
    agency to carry out a project funded under this section, such funds to
    be then administered by the procedures of the Federal agency to which
    such funds may be transferred: Provided further, That all funds made
    available for obligation under this section shall be available in the
    same manner as though such funds were apportioned under chapter 1 of
    title 23, United States Code, except that the Federal share payable on
    account of any program, project, or activity carried out with funds
    made available under this heading shall be 100 percent and such funds
    shall remain available for obligation until expended: Provided further,
    That all funds made available in this section shall be subject to any
    limitation on obligations for Federal-aid highways and highway safety
    construction programs set forth in this Act or any other Act.
        Sec. 116. Notwithstanding Public Law 105-178, section 5208(d),
    Intelligent Transportation Systems appropriations for--
            (1) Wausau-Stevens Point-Wisconsin Rapids, Wisconsin, in Public
        Law 105-277 and Public Law 106-69 shall be available for use in the
        counties of Ashland, Barron, Bayfield, Burnett, Chippewa, Douglas,
        Iron, Lincoln, Marathon, Polk, Portage, Price, Rusk, Sawyer,
        Taylor, Washburn, Wood, Clark, Langlade, and Oneida; and
            (2) the City of Superior and Douglas County, Wisconsin, in
        Public Law 106-69 shall be available for use in the City of
        Superior and northern Wisconsin.
        Sec. 117. (a) In General.--As soon as practicable after the date of
    enactment of this Act, the Secretary of Transportation shall enter into
    an agreement with the State of Nevada, the State of Arizona, or both,
    to provide a method of funding for construction of a Hoover Dam Bypass
    Bridge from funds allocated for the Federal Lands Highway Program under
    section 202(b) of title 23, United States Code.
        (b) Methods of Funding.--
            (1) The agreement entered into under subsection (a) shall
        provide for funding in a manner consistent with the advance
        construction and debt instrument financing procedures for Federal-
        aid highways set forth in section 115 and 122 of title 23, except
        that the funding source may include funds made available under the
        Federal Lands Highway Program.
            (2) Eligibility for funding under this subsection shall not be
        construed as a commitment, guarantee, or obligation on the part of
        the United States to provide for payment of principal or interest
        of an eligible debt financing instrument as so defined in section
        122, nor create a right of a third party against the United States
        for payment under an eligible debt financing instrument. The
        agreement entered into pursuant to subsection (a) shall make
        specific reference to this provision of law.
            (3) The provisions of this section do not limit the use of
        other available funds for which the project referenced in
        subsection (a) is eligible.
        Sec. 118. Section 1108 of the Intermodal Surface Transportation
    Efficiency Act of 1991, item number 8, is amended by striking ``To
    relocate'' and all that follows through ``Street'' and inserting the
    following, ``For road improvements and non-motorized enhancements in
    the Detroit East Riverfront, Detroit, Michigan''.
        Sec. 119. The funds provided under the heading ``Transportation and
    Community and System Preservation Program'' in Conference Report No.
    106-940 for the Lodge Freeway pedestrian overpass, Detroit, Michigan,
    shall be transferred to, and made available for, enhancements in the
    East Riverfront, Detroit, Michigan.
        Sec. 120. The funds provided under the heading ``Transportation and
    Community and System Preservation Program'' in Conference Report No.
    107-308 for the Eastern Market pedestrian overpass park, shall be
    transferred to, and made available for, enhancements in the East
    Riverfront, Detroit, Michigan.
        Sec. 121. Kansas Recreation Areas. Any unexpended balances of the
    amounts made available by the Consolidated Appropriations Resolution,
    2003 (Public Law 108-7) from the Federal-aid highway account for
    improvements to Council Grove Lake, Kansas, shall be available to make
    improvements to Richey Cove, Santa Fe Recreation Area, Canning Creek
    Recreation Area, and other areas in the State of Kansas.
        Sec. 122. Section 330 of Public Law 108-7 is amended to read as
    follows: In addition to amounts otherwise made available in this Act,
    to enable the Secretary of Transportation to make grants for surface
    transportation projects, $90,600,000 to remain available until
    expended: Provided, That notwithstanding any other provision of law,
    the surface transportation projects identified in the Joint Explanatory
    Statement of the Committee of Conference accompanying this Act are also
    eligible for funding made available by the immediately preceding clause
    of this provision: Provided further, That notwithstanding any other
    provision of law and the immediately preceding clause of this
    provision, the Secretary of Transportation may use amounts made
    available by this section to make grants for any surface transportation
    project otherwise eligible for funding under title 23 or title 49,
    United States Code.
        Sec. 123. (a) Section 14501 of title 40, United States Code, is
    amended in the third sentence by striking ``three thousand and twenty-
    five'' and inserting ``three thousand and ninety''.
        (b) There is hereby designated as Corridor X-1 in Alabama an
    addition to the Appalachian development highway system. Corridor X-1
    shall extend approximately 65 miles along the alignment of the
    Birmingham Northern Beltline from Interstate 20/59, in the vicinity of
    Interstate 459 southwest of Birmingham, and extending northward
    crossing State Route 269 and Corridor X and continuing eastward
    crossing Interstate 65, United States Route 31, State Route 79, State
    Route 75, Interstate 59, United States Route 11, United States Route
    411, and connecting to Interstate 20 to the east of Birmingham.
    Corridor X-1 shall be developed as a multi-lane freeway, with
    interchanges at appropriate crossroad locations.
        Sec. 124. Motorist Information Concerning Pharmacy Services. (a) In
    General.--Not later than 180 days after the date of enactment of this
    Act, the Secretary of Transportation shall amend the Manual on Uniform
    Traffic Control Devices to include a provision permitting information
    to be provided to motorists to assist motorists in locating licensed
    24-hour pharmacy services open to the public.
        (b) Logo Panel.--The provision under subsection (a) may allow
    placement of a logo panel that displays information disclosing the
    names or logos of pharmacies described in subsection (a) that are
    located within 3 miles of an interchange on the Federal-aid system (as
    defined in section 101 of title 23, United States Code).
        Sec. 125. Notwithstanding any other provision of law, funds
    obligated for pre-implementation costs, project design, and
    implementation costs of the I-15 Congestion Pricing Project, also known
    as the I-15 FasTrack project located in the city of San Diego shall be
    eligible for funding the costs incurred under such project. The Federal
    share payable for the total cost of the project shall not exceed 80
    percent.
        Sec. 126. The project name in House Report No. 108-10, delineating
    projects referenced in division I, section 330, of the Fiscal Year 2003
    Omnibus Appropriations Act, Public Law 108-7, is amended by striking
    ``Freight Enhancement KY Highlands, Kentucky,'' and inserting
    ``Kentucky Highlands, Freight Enhancement Revolving Loan Fund,
    Kentucky''. Notwithstanding any other provision of law, such revolving
    loan fund shall be eligible for the funding made available under this
    section and administered consistent with section 1511 of Public Law
    105-178, except that such assistance shall be to assist in financing
    freight enhancement projects and that capitalization of such fund shall
    be limited to the amount made available by division I, section 330 of
    Public Law 108-7.
        Sec. 127. The amount made available for obligation in fiscal year
    2003 for the project Kannapolis Parkway & Interstate 85 Interchange-
    Kannapolis, North Carolina as specified in section 329 of Public Law
    108-7 and on page 1317 of the Joint Committee of the Conference
    pursuant to the Joint Resolution Making Consolidated Appropriations for
    fiscal year 2003 shall be reprogrammed and transferred to and made
    available for obligation for ``Kannapolis Industrial Park Access Road-
    Kannapolis, North Carolina''.
        Sec. 128. Section 378 of the Department of Transportation and
    Related Agencies Appropriations Act, 2001 (as enacted into law by
    Public Law 106-346; 114 Stat. 1356A-40) is amended by striking
    ``$5,000,000 for improvements to US 73 from State Avenue North to
    Marxen Road in Wyandotte County, Kansas'' and inserting ``$5,000,000
    for improvements to US 73 from State Avenue north to Marxen Road, and
    along US 73 on State Avenue eastward to its terminus at I-435, in
    Wyandotte County, Kansas''.
        Sec. 129. Section 375 of division I of the Consolidated
    Appropriations Resolution, 2003 (117 Stat. 428) is amended by inserting
    before the period at the end the following: ``, including construction
    of a connector road between the newly relocated State Route 1045 and
    Saint Vincent College, Latrobe, PA''.

                  Federal Motor Carrier Safety Administration

                               Motor Carrier Safety

                      limitation on administrative expenses

                     (liquidation of contract authorization)

                               (highway trust fund)

        Notwithstanding any other provision of law, none of the funds in
    this Act shall be available for expenses for administration of motor
    carrier safety programs and motor carrier safety research, the
    obligations for which are in excess of $176,070,000 for fiscal year
    2004: Provided, That notwithstanding any other provision of law, for
    payment of obligations incurred to pay administrative expenses of the
    Federal Motor Carrier Safety Administration, $176,070,000, to be
    derived from the Highway Trust Fund and to remain available until
    expended.

                      National Motor Carrier Safety Program

                     (liquidation of contract authorization)

                           (limitation on obligations)

                               (highway trust fund)

         Notwithstanding any other provision of law, for payment of
    obligations incurred in carrying out 49 U.S.C. 31102, 31106, and 31309,
    $190,000,000, to be derived from the Highway Trust Fund and to remain
    available until expended: Provided, That none of the funds in this Act
    shall be available for the implementation or execution of programs the
    obligations for which are in excess of $190,000,000 for ``Motor Carrier
    Safety Grants'' and ``Information Systems''.

         General Provisions--Federal Motor Carrier Safety Administration

        Sec. 130. Funds appropriated or limited in this Act shall be
    subject to the terms and conditions stipulated in section 350 of Public
    Law 107-87, including that the Secretary submit a report to the House
    and Senate Appropriations Committees annually on the safety and
    security of transportation into the United States by Mexico-domiciled
    motor carriers.
        Sec. 131. No funds appropriated or otherwise made available by this
    Act may be used to implement or enforce any provisions of the Final
    Rule, issued on April 16, 2003 (Docket No. FMCSA-97-2350), with respect
    to either of the following:
            (1) The operators of utility service vehicles, as that term is
        defined in section 395.2 of title 49, Code of Federal Regulations.
            (2) Maximum daily hours of service for drivers engaged in the
        transportation of property or passengers to or from a motion
        picture or television production site located within a 100-air mile
        radius of the work reporting location of such drivers.

                 National Highway Traffic Safety Administration

                             Operations and Research

                     (liquidation of contract authorization)

                           (limitation on obligations)

                               (highway trust fund)

        Notwithstanding any other provision of law, for payment of
    obligations incurred in carrying out the provisions of 23 U.S.C. 403,
    to remain available until expended, $72,000,000, to be derived from the
    Highway Trust Fund: Provided, That none of the funds in this Act shall
    be available for the planning or execution of programs the total
    obligations for which, in fiscal year 2004, are in excess of
    $72,000,000 for programs authorized under 23 U.S.C. 403.

                             National Driver Register

                               (highway trust fund)

        For expenses necessary to discharge the functions of the Secretary
    with respect to the National Driver Register under chapter 303 of title
    49, United States Code, $3,600,000, to be derived from the Highway
    Trust Fund, and to remain available until expended.

                          Highway Traffic Safety Grants

                     (liquidation of contract authorization)

                           (limitation on obligations)

                               (highway trust fund)

        Notwithstanding any other provision of law, for payment of
    obligations incurred in carrying out the provisions of 23 U.S.C. 402,
    405, and 410, to remain available until expended, $225,000,000, to be
    derived from the Highway Trust Fund: Provided, That none of the funds
    in this Act shall be available for the planning or execution of
    programs the total obligations for which, in fiscal year 2004, are in
    excess of $225,000,000 for programs authorized under 23 U.S.C. 402,
    405, and 410, of which $165,000,000 shall be for ``Highway Safety
    Programs'' under 23 U.S.C. 402, $20,000,000 shall be for ``Occupant
    Protection Incentive Grants'' under 23 U.S.C. 405, and $40,000,000
    shall be for ``Alcohol-Impaired Driving Countermeasures Grants'' under
    23 U.S.C. 410: Provided further, That none of these funds shall be used
    for construction, rehabilitation, or remodeling costs, or for office
    furnishings and fixtures for State, local, or private buildings or
    structures: Provided further, That not to exceed $8,150,000 of the
    funds made available for section 402, not to exceed $1,000,000 of the
    funds made available for section 405, and not to exceed $2,000,000 of
    the funds made available for section 410 shall be available to NHTSA
    for administering highway safety grants under chapter 4 of title 23,
    United States Code: Provided further, That not to exceed $500,000 of
    the funds made available for section 410 ``Alcohol-Impaired Driving
    Countermeasures Grants'' shall be available for technical assistance to
    the States.

        General Provisions--National Highway Traffic Safety Administration

        Sec. 140. Notwithstanding any other provision of law, States may
    use funds provided in this Act under section 402 of title 23, United
    States Code, to produce and place highway safety public service
    messages in television, radio, cinema, and print media, and on the
    Internet in accordance with guidance issued by the Secretary of
    Transportation: Provided, That any State that uses funds for such
    public service messages shall submit to the Secretary a report
    describing and assessing the effectiveness of the messages: Provided
    further, That $10,000,000 of the funds allocated under section 157 of
    title 23, United States Code, shall be used as directed by the National
    Highway Traffic Safety Administrator to purchase national paid
    advertising (including production and placement) to support national
    safety belt mobilizations: Provided further, That, of the funds
    allocated under section 163 of title 23, United States Code, $2,750,000
    shall be used as directed by the Administrator to support national
    impaired driving mobilizations and enforcement efforts, $14,000,000
    shall be used as directed by the Administrator to purchase national
    paid advertising (including production and placement) to support such
    national impaired driving mobilizations and enforcement efforts,
    $500,000 shall be used as directed by the Administrator to conduct an
    evaluation of alcohol-impaired driving messages, and $3,000,000 shall
    be used as directed by the Administrator to conduct an impaired driving
    demonstration program.
        Sec. 141. Notwithstanding any other provision of law, funds
    appropriated or limited in the Act to educate the motoring public on
    how to share the road safely with commercial motor vehicles shall be
    administered by the National Highway Traffic Safety Administration.
        Sec. 142. Notwithstanding any other provision of law, for fiscal
    year 2004 the Secretary of Transportation is authorized to use amounts
    made available to carry out section 157 of title 23, United States
    Code, to make innovative project allocations, not to exceed the prior
    year's amounts for such allocations, before making incentive grants for
    use of seat belts.
        Sec. 143. Notwithstanding any other provision of law, for fiscal
    year 2004 the Secretary of Transportation is authorized to use the
    amounts made available to carry out section 163 of title 23, United
    States Code, to support national mobilizations that target impaired
    drivers, in cooperation with the States and nonprofit safety
    organizations that have been active participants in such mobilizations.
    Such support shall include impaired driving enforcement grants,
    broadcast advertising to be used as directed by the Secretary,
    evaluation of these activities, and a demonstration project to test new
    and improved strategies in States where the largest gains in reducing
    alcohol-related fatalities can be made, as determined by the Secretary.

                        Federal Railroad Administration

                              Safety and Operations

        For necessary expenses of the Federal Railroad Administration, not
    otherwise provided for, $130,825,000, of which $11,712,000 shall remain
    available until expended.

                        Railroad Research and Development

        For necessary expenses for railroad research and development,
    $34,025,000, to remain available until expended.

                 Railroad Rehabilitation and Improvement Program

         The Secretary of Transportation is authorized to issue to the
    Secretary of the Treasury notes or other obligations pursuant to
    section 512 of the Railroad Revitalization and Regulatory Reform Act of
    1976 (Public Law 94-210), as amended, in such amounts and at such times
    as may be necessary to pay any amounts required pursuant to the
    guarantee of the principal amount of obligations under sections 511
    through 513 of such Act, such authority to exist as long as any such
    guaranteed obligation is outstanding: Provided, That pursuant to
    section 502 of such Act, as amended, no new direct loans or loan
    guarantee commitments shall be made using Federal funds for the credit
    risk premium during fiscal year 2004: Provided further, That no
    payments of principal or interest shall be collected during fiscal year
    2004 for the direct loan made to the National Railroad Passenger
    Corporation under section 502 of such Act.

                         Next Generation High-Speed Rail

        For necessary expenses for the Next Generation High-Speed Rail
    program as authorized under 49 U.S.C. 26101 and 26102, $37,400,000, to
    remain available until expended.

                          Alaska Railroad Rehabilitation

        To enable the Secretary of Transportation to make grants to the
    Alaska Railroad, $25,000,000 shall be for capital rehabilitation and
    improvements benefiting its passenger operations, to remain available
    until expended.

              Grants to the National Railroad Passenger Corporation

        To enable the Secretary of Transportation to make quarterly grants
    to the National Railroad Passenger Corporation, $1,225,000,000, to
    remain available until September 30, 2004: Provided, That the Secretary
    of Transportation shall approve funding to cover operating losses and
    capital expenditures, including advance purchase orders, for the
    National Railroad Passenger Corporation only after receiving and
    reviewing a grant request for each specific train route: Provided
    further, That each such grant request shall be accompanied by a
    detailed financial analysis, revenue projection, and capital
    expenditure projection justifying the Federal support to the
    Secretary's satisfaction: Provided further, That the Secretary of
    Transportation shall reserve $60,000,000 of the funds provided under
    this heading and is authorized to transfer such sums to the Surface
    Transportation Board, upon request from said Board, to carry out
    directed service orders issued pursuant to section 11123 of title 49,
    United States Code, to respond to the cessation of commuter rail
    operations by the National Railroad Passenger Corporation: Provided
    further, That the Secretary of Transportation shall make the reserved
    funds available to the National Railroad Passenger Corporation through
    an appropriate grant instrument during the fourth quarter of fiscal
    year 2004 to the extent that no directed service orders have been
    issued by the Surface Transportation Board as of the date of transfer
    or there is a balance of reserved funds not needed by the Board to pay
    for any directed service order issued through September 30, 2004:
    Provided further, That not later than 60 days after enactment of this
    Act, Amtrak shall transmit, in electronic format, to the Secretary of
    Transportation, the House and Senate Committees on Appropriations, the
    House Committee on Transportation and Infrastructure and the Senate
    Committee on Commerce, Science, and Transportation a comprehensive
    business plan approved by the Board of Directors for fiscal year 2005
    under section 24104(a) of title 49, United States Code: Provided
    further, That the business plan shall include, as applicable, targets
    for ridership, revenues, and capital and operating expenses: Provided
    further, That the plan shall also include a separate accounting of such
    targets for the Northeast Corridor; commuter service; long-distance
    Amtrak service; state-supported service; each intercity train route;
    including Autotrain; and commercial activities including contract
    operations and mail and express: Provided further, That the business
    plan shall include a description of the work to be funded, along with
    cost estimates and an estimated timetable for completion of the
    projects covered by this business plan: Provided further, That not
    later than December 1, 2003 and no later than 30 days following the
    last business day of the previous month thereafter, Amtrak shall submit
    to the Secretary of Transportation and the House and Senate Committees
    on Appropriations a supplemental report, in electronic format,
    regarding the pending business plan, which shall describe the work
    completed to date, any changes to the business plan, and the reasons
    for such changes: Provided further, That none of the funds in this Act
    may be used for operating expenses, including advance purchase orders,
    and capital projects not approved by the Secretary of Transportation
    nor on the National Railroad Passenger Corporation's fiscal year 2004
    business plan: Provided further, That Amtrak shall display the business
    plan and all subsequent supplemental plans on the Corporation's website
    within a reasonable timeframe following their submission to the
    appropriate entities: Provided further, That none of the funds under
    this heading may be obligated or expended until the National Railroad
    Passenger Corporation agrees to continue abiding by the provisions of
    paragraphs 1, 2, 3, 5, 9, and 11 of the summary of conditions for the
    direct loan agreement of June 28, 2002, in the same manner as in effect
    on the date of enactment of this Act.

               General Provisions--Federal Railroad Administration

        Sec. 150. To authorize the Surface Transportation Board to direct
    the continued operation of certain commuter rail passenger
    transportation operations in emergency situations, and for other
    purposes:
            (1) Section 11123 of title 49, United States Code, is amended--
                (A) in subsection (a)--
                    (i) by inserting ``failure of existing commuter rail
                passenger transportation operations caused by a cessation
                of service by the National Railroad Passenger
                Corporation,'' after ``cessation of operations,'';
                    (ii) by striking ``or'' at the end of paragraph (3);
                    (iii) by striking the period at the end of paragraph
                (4)(C) and inserting ``; or''; and
                    (iv) by adding at the end the following new paragraph:
            ``(5) in the case of a failure of existing freight or commuter
        rail passenger transportation operations caused by a cessation of
        service by the National Railroad Passenger Corporation, direct the
        continuation of the operations and dispatching, maintenance, and
        other necessary infrastructure functions related to the
        operations.'';
                (B) in subsection (b)(3)--
                    (i) by striking ``When'' and inserting ``(A) Except as
                provided in subparagraph (B), when''; and
                    (ii) by adding at the end the following new
                subparagraph:
        ``(B) In the case of a failure of existing freight or commuter rail
    passenger transportation operations caused by a cessation of service by
    the National Railroad Passenger Corporation, the Board shall provide
    funding to fully reimburse the directed service provider for its costs
    associated with the activities directed under subsection (a), including
    the payment of increased insurance premiums. The Board shall order
    complete indemnification against any and all claims associated with the
    provision of service to which the directed rail carrier may be
    exposed.'';
                (C) by adding the following new paragraph at the end of
            subsection (c):
            ``(4) In the case of a failure of existing freight or commuter
        rail passenger transportation operations caused by cessation of
        service by the National Railroad Passenger Corporation, the Board
        may not direct a rail carrier to undertake activities under
        subsection (a) to continue such operations unless--
            ``(A) the Board first affirmatively finds that the rail carrier
        is operationally capable of conducting the directed service in a
        safe and efficient manner; and
            ``(B) the funding for such directed service required by
        subparagraph (B) of subsection (b)(3) is provided in advance in
        appropriations Acts.''; and
                (D) by adding at the end the following new subsections:
        ``(e) For purposes of this section, the National Railroad Passenger
    Corporation and any entity providing commuter rail passenger
    transportation shall be considered rail carriers subject to the Board's
    jurisdiction.
        ``(f) For purposes of this section, the term `commuter rail
    passenger transportation' has the meaning given that term in section
    24102(4).''.
            (2) Section 24301(c) of title 49, United States Code, is
        amended by inserting ``11123,'' after ``except for sections''.
        Sec. 151. For the purpose of assisting State-supported intercity
    rail service, in order to demonstrate whether competition will provide
    higher quality rail passenger service at reasonable prices, the
    Secretary of Transportation, working with affected States, shall
    develop and implement a procedure for fair competitive bidding by
    Amtrak and non-Amtrak operators for State-supported routes: Provided,
    That in the event a State desires to select or selects a non-Amtrak
    operator for the route, the State may make an agreement with Amtrak to
    use facilities and equipment of, or have services provided by, Amtrak
    under terms agreed to by the State and Amtrak to enable the non-Amtrak
    operator to provide the State-supported service: Provided further, That
    if the parties cannot agree on terms, the Secretary shall, as a
    condition of receipt of Federal grant funds, order that the facilities
    and equipment be made available and the services be provided by Amtrak
    under reasonable terms and compensation: Provided further, That when
    prescribing reasonable compensation to Amtrak, the Secretary shall
    consider quality of service as a major factor when determining whether,
    and the extent to which, the amount of compensation shall be greater
    than the incremental costs of using the facilities and providing the
    services: Provided further, That the Secretary may reprogram up to
    $2,500,000 from the Amtrak operating grant funds for costs associated
    with the implementation of the fair bid procedure and demonstration of
    competition under this section.

                         Federal Transit Administration

                             Administrative Expenses

        For necessary administrative expenses of the Federal Transit
    Administration's programs authorized by chapter 53 of title 49, United
    States Code, $15,100,000: Provided, That no more than $75,500,000 of
    budget authority shall be available for these purposes: Provided
    further, That of the funds available not to exceed $970,938 shall be
    available for the Office of the Administrator; not to exceed $6,755,434
    shall be available for the Office of Administration; not to exceed
    $3,892,622 shall be available for the Office of the Chief Counsel; not
    to exceed $1,168,780 shall be available for the Office of Communication
    and Congressional Affairs; not to exceed $7,157,766 shall be available
    for the Office of Program Management; not to exceed $6,231,332 shall be
    available for the Office of Budget and Policy; not to exceed $4,854,892
    shall be available for the Office of Demonstration and Innovation; not
    to exceed $2,717,034 shall be available for the Office of Civil Rights;
    not to exceed $3,667,320 shall be available for the Office of Planning;
    not to exceed $19,050,044 shall be available for regional offices; and
    not to exceed $16,838,838 shall be available for the central account:
    Provided further, That the Administrator is authorized to transfer
    funds appropriated for an office of the Federal Transit Administration:
    Provided further, That no appropriation for an office shall be
    increased or decreased by more than 3 percent by all such transfers:
    Provided further, That any change in funding greater than 3 percent
    shall be submitted for approval to the House and Senate Committees on
    Appropriations: Provided further, That of the funds in this Act
    available for the execution of contracts under section 5327(c) of title
    49, United States Code, $2,000,000 shall be reimbursed to the
    Department of Transportation's Office of Inspector General for costs
    associated with audits and investigations of transit-related issues,
    including reviews of new fixed guideway systems: Provided further, That
    not less than $2,200,000 for the National transit database shall remain
    available until expended: Provided further, That upon submission to the
    Congress of the fiscal year 2005 President's budget, the Secretary of
    Transportation shall transmit to Congress the annual report on new
    starts, proposed allocations of funds for fiscal year 2005: Provided
    further, That the amount herein appropriated shall be reduced by
    $100,000 per day for each day after initial submission of the
    President's budget that the report has not been submitted to the
    Congress.

                                  Formula Grants

                          (including transfer of funds)

        For necessary expenses to carry out 49 U.S.C. 5307, 5308, 5310,
    5311, 5327, and section 3038 of Public Law 105-178, $767,800,000, to
    remain available until expended: Provided, That no more than
    $3,839,000,000 of budget authority shall be available for these
    purposes: Provided further, That notwithstanding section 3008 of Public
    Law 105-178, $50,000,000 of the funds to carry out 49 U.S.C. 5308 shall
    be transferred to and merged with funding provided for the replacement,
    rehabilitation, and purchase of buses and related equipment and the
    construction of bus-related facilities under ``Federal Transit
    Administration, Capital investment grants''.

                        University Transportation Research

        For necessary expenses to carry out 49 U.S.C. 5505, $1,200,000, to
    remain available until expended: Provided, That no more than $6,000,000
    of budget authority shall be available for these purposes.

                          Transit Planning and Research

        For necessary expenses to carry out 49 U.S.C. 5303, 5304, 5305,
    5311(b)(2), 5312, 5313(a), 5314, 5315, and 5322, $25,200,000, to remain
    available until expended: Provided, That no more than $126,000,000 of
    budget authority shall be available for these purposes: Provided
    further, That $5,250,000 is available to provide rural transportation
    assistance (49 U.S.C. 5311(b)(2)), $4,000,000 is available to carry out
    programs under the National Transit Institute (49 U.S.C. 5315),
    $8,250,000 is available to carry out transit cooperative research
    programs (49 U.S.C. 5313(a)), $60,385,600 is available for metropolitan
    planning (49 U.S.C. 5303, 5304, and 5305), $12,614,400 is available for
    State planning (49 U.S.C. 5313(b)); and $35,500,000 is available for
    the national planning and research program (49 U.S.C. 5314).

                           Trust Fund Share of Expenses

                     (liquidation of contract authorization)

                               (highway trust fund)

        Notwithstanding any other provision of law, for payment of
    obligations incurred in carrying out 49 U.S.C. 5303-5308, 5310-5315,
    5317(b), 5322, 5327, 5334, 5505, and sections 3037 and 3038 of Public
    Law 105-178, $5,847,200,000, to remain available until expended, and to
    be derived from the Mass Transit Account of the Highway Trust Fund:
    Provided, That $3,071,200,000 shall be paid to the Federal Transit
    Administration's formula grants account: Provided further, That
    $100,800,000 shall be paid to the Federal Transit Administration's
    transit planning and research account: Provided further, That
    $60,400,000 shall be paid to the Federal Transit Administration's
    administrative expenses account: Provided further, That $4,800,000
    shall be paid to the Federal Transit Administration's university
    transportation research account: Provided further, That $100,000,000
    shall be paid to the Federal Transit Administration's job access and
    reverse commute grants program: Provided further, That $2,510,000,000
    shall be paid to the Federal Transit Administration's capital
    investment grants account.

                            Capital Investment Grants

                          (including transfers of funds)

        For necessary expenses to carry out 49 U.S.C. 5308, 5309, 5318, and
    5327, $627,500,000, to remain available until expended: Provided, That
    no more than $3,137,500,000 of budget authority shall be available for
    these purposes: Provided further, That there shall be available for
    fixed guideway modernization, $1,206,506,000; there shall be available
    for the replacement, rehabilitation, and purchase of buses and related
    equipment and the construction of bus-related facilities, $607,200,000,
    which shall include $50,000,000 made available under 5309(m)(3)(C) of
    this title, plus $50,000,000 transferred from ``Federal Transit
    Administration, Formula Grants'' and $20,000,000 transferred from
    ``Federal Transit Administration, Job Access and Reverse Commute
    Grants''; and there shall be available for new fixed guideway systems
    $1,323,794,000, together with $2,331,545 in unobligated balances made
    available in Public Law 106-69 and $2,182,937 in unobligated balances
    made available in Public Law 106-346 to carry out section 3037 of
    Public Law 105-178, as amended, to be available as follows:
            Atlanta, Georgia, Northwest Corridor BRT, $2,149,413;
            Baltimore, Maryland, Central Light Rail Double Track Project,
        $40,000,000;
            BART San Francisco Airport (SFO), California, Extension
        Project, $100,000,000;
            Birmingham--Transit Corridor, Alabama, $3,500,000;
            Boston, Massachusetts, Silver Line Phase III, $2,000,000;
            Charlotte, North Carolina, South Corridor Light Rail Project,
        $12,000,000;
            Chicago, Illinois, Metra Commuter Rail Expansions and
        Extensions, $52,000,000;
            Chicago, Illinois, Ravenswood Reconstruction, $10,000,000;
            Chicago, Illinois, Transit Authority, Douglas Branch
        Reconstruction, $85,000,000;
            Dallas, Texas, North Central Light Rail Extension, $30,161,283;
            Denver, Colorado, Southeast Corridor LRT (T-REX), $80,000,000;
            East Side Access Project, New York, Phase I, $75,000,000;
            Euclid Corridor Transportation Project, Ohio, $11,000,000;
            Fort Lauderdale, Florida, Tri-Rail Commuter Project,
        $18,410,000;
            Hawaii and Alaska Ferry Boats, $10,296,000;
            Houston Advanced Metro Transit Plan, Texas, $8,000,000;
            Integrated Intermodal project, Rhode Island, $3,000,000;
            Kenosha-Racine-Milwaukee Commuter Rail Extension, Wisconsin,
        $3,250,000;
            Las Vegas, Nevada, Resort Corridor Fixed Guideway, MOS,
        $20,000,000;
            Little Rock, Arkansas, River Rail Streetcar Project,
        $3,000,000;
            Maine Marine Highway, $1,550,000;
            Memphis, Tennessee, Medical Center Rail Extension, $9,247,588;
            Minneapolis, Minnesota, Hiawatha Corridor Light Rail Transit
        (LRT), $74,980,000;
            Minneapolis, Minnesota, Northstar Corridor Rail Project,
        $5,750,000;
            New Orleans, Louisiana, Canal Street Streetcar Project,
        $23,291,373;
            New York, Second Avenue Subway, $2,000,000;
            Newark, New Jersey, Rail Link (NERL) MOS1, $22,566,022;
            Northern Oklahoma Regional Multimodal Transportation System,
        $3,000,000;
            Northern, New Jersey, Hudson-Bergen Light Rail (MOS2),
        $100,000,000;
            Phase II, LA to Pasadena Metro Gold Line Light Rail Project,
        $4,000,000;
            Philadelphia, Pennsylvania, Schuylkill Valley Metro,
        $14,000,000;
            Phoenix, Arizona, Central Phoenix/East Valley Light Rail
        Transit Project, $13,000,000;
            Pittsburgh, Pennsylvania, North Shore Connector, $10,000,000;
            Pittsburgh, Pennsylvania, Stage II Light Rail Transit
        Reconstruction, $32,243,442;
            Portland, Oregon, Interstate MAX Light Rail Extension,
        $77,500,000;
            Raleigh, North Carolina, Triangle Transit Authority Regional
        Rail Project, $5,500,000;
            Regional Commuter Rail (Weber County to Salt Lake City), Utah,
        $9,000,000;
            Salt Lake City, Utah, Medical Center LRT Extension,
        $30,663,361;
            San Diego, California, Mission Valley East Light Rail Transit
        Extension, $65,000,000;
            San Diego, California, Oceanside-Escondido Rail Project,
        $48,000,000;
            San Francisco, California Muni Third Street Light Rail Project,
        $9,000,000;
            San Jose, California, Silicon Valley Rapid Transit Corridor,
        $2,000,000;
            Scranton, Pennsylvania, NY City Rail Service, $2,500,000;
            Seattle, Washington, Sound Transit Central Link Initial
        Segment, $75,000,000;
            South Shore Commuter Rail Service capacity enhancement,
        $1,000,000;
            Stamford, Connecticut, Urban Transitway & Intermodal
        Transportation Center Improvements, $4,000,000;
            Tren Urbano Rapid Transit System, San Juan, PR, $20,000,000;
            VRE Parking Improvements, Virginia, $3,000,000;
            Washington, DC/VA Dulles Corridor Rapid Transit Project,
        $20,000,000;
            Washington, DC/MD, Largo Extension, $65,000,000;
            Western North Carolina Rail Passenger Service, $1,000,000;
            Wilmington, Delaware, Train Station Improvements, $1,500,000;
            Wilsonville to Beaverton, Oregon, Commuter Rail, $3,250,000;
        and
            Yarmouth to Auburn Line, Maine, $1,000,000.

                      Job Access and Reverse Commute Grants

                          (including transfers of funds)

        For necessary expenses to carry out section 3037 of the Federal
    Transit Act of 1998, $25,000,000, to remain available until expended:
    Provided, That no more than $125,000,000 of budget authority shall be
    available for these purposes: Provided further, That up to $300,000 of
    the funds provided under this heading may be used by the Federal
    Transit Administration for technical assistance and support and
    performance reviews of the Job Access and Reverse Commute Grants
    program: Provided further, That $20,000,000 of the funds provided under
    this heading shall be transferred to and merged with funds for the
    replacement, rehabilitation, and purchase of buses and related
    equipment and the construction of bus-related facilities under
    ``Federal Transit Administration, Capital Investment Grants'': Provided
    further, That $2,331,545 in unobligated balances made available in
    Public Law 106-69 and $2,182,937 in unobligated balances made available
    in Public Law 106-346 to carry out section 3037 of Public Law 105-178,
    as amended, shall be transferred to and merged with funds for new fixed
    guideway systems under ``Federal Transit Administration, Capital
    Investment Grants''.

                General Provisions--Federal Transit Administration

        Sec. 160. The limitations on obligations for the programs of the
    Federal Transit Administration shall not apply to any authority under
    49 U.S.C. 5338, previously made available for obligation, or to any
    other authority previously made available for obligation.
        Sec. 161. Notwithstanding any other provision of law, and except
    for fixed guideway modernization projects, funds made available by this
    Act under ``Federal Transit Administration, Capital investment grants''
    for projects specified in this Act or identified in reports
    accompanying this Act not obligated by September 30, 2006, and other
    recoveries, shall be made available for other projects under 49 U.S.C.
    5309.
        Sec. 162. Notwithstanding any other provision of law, any funds
    appropriated before October 1, 2003, under any section of chapter 53 of
    title 49, United States Code, that remain available for expenditure may
    be transferred to and administered under the most recent appropriation
    heading for any such section.
        Sec. 163. Funds made available for Alaska or Hawaii ferry boats or
    ferry terminal facilities pursuant to 49 U.S.C. 5309(m)(2)(B) may be
    used to construct new vessels and facilities, or to improve existing
    vessels and facilities, including both the passenger and vehicle-
    related elements of such vessels and facilities, and for repair
    facilities: Provided, That not more than $3,000,000 of the funds made
    available pursuant to 49 U.S.C. 5309(m)(2)(B) may be used by the State
    of Hawaii to initiate and operate a passenger ferryboat services
    demonstration project to test the viability of different intra-island
    and inter-island ferry boat routes and technology: Provided further,
    That notwithstanding 49 U.S.C. 5302(a)(7), funds made available for
    Alaska or Hawaii ferry boats may be used to acquire passenger ferry
    boats and to provide passenger ferry transportation services within
    areas of the State of Hawaii under the control or use of the National
    Park Service.
        Sec. 164. Notwithstanding any other provision of law, funds made
    available to the Colorado Roaring Fork Transportation Authority under
    ``Federal Transit Administration, Capital investment grants'' in Public
    Laws 106-69 and 106-346 shall be available for expenditure on park and
    ride lots in Carbondale and Glenwood Springs, Colorado as part of the
    Roaring Fork Valley Bus Rapid Transit project.
        Sec. 165. Notwithstanding any other provision of law, unobligated
    funds made available for a new fixed guideway systems projects under
    the heading ``Federal Transit Administration, Capital Investment
    Grants'' in any appropriations Act prior to this Act may be used during
    this fiscal year to satisfy expenses incurred for such projects.
        Sec. 166. (a) In General.--The Secretary shall establish a pilot
    program to determine the benefits of encouraging cooperative
    procurement of major capital equipment under sections 5307, 5309, and
    5311. The program shall consist of three pilot projects. Cooperative
    procurements in these projects may be carried out by grantees,
    consortiums of grantees, or members of the private sector acting as
    agents of grantees.
        (b) Federal Share.--Notwithstanding any other provision of law, the
    Federal share for a grant under this pilot program shall be 90 percent
    of the net project cost.
        (c) Permissible Activities.--
            (1) Developing specifications.--Cooperative specifications may
        be developed either by the grantees or their agents.
            (2) Requests for proposals.--To the extent permissible under
        State and local law, cooperative procurements under this section
        may be carried out, either by the grantees or their agents, by
        issuing one request for proposal for each cooperative procurement,
        covering all agencies that are participating in the procurement.
            (3) Best and final offers.--The cost of evaluating best and
        final offers either by the grantees or their agents, is an eligible
        expense under this program.
        (d) Technology.--To the extent feasible, cooperative procurements
    under this section shall maximize use of Internet-based software
    technology designed specifically for transit buses and other major
    capital equipment to develop specifications; aggregate equipment
    requirements with other transit agencies; generate cooperative request
    for proposal packages; create cooperative specifications; and automate
    the request for approved equals process.
        (e) Eligible Expenses.--The cost of the permissible activities
    under (c) and procurement under (d) are eligible expenses under the
    pilot program.
        (f) Proportionate Contributions.--Cooperating agencies may
    contribute proportionately to the non-Federal share of any of the
    eligible expenses under (e).
        (g) Outreach.--The Secretary shall conduct outreach on cooperative
    procurement. Under this program the Secretary shall: (1) offer
    technical assistance to transit agencies to facilitate the use of
    cooperative procurement of major capital equipment; and (2) conduct
    seminars and conferences for grantees, nationwide, on the concept of
    cooperative procurement of major capital equipment.
        (h) Report.--Not later than 30 days after delivery of the base
    order under each of the pilot projects, the Secretary shall submit to
    the House and Senate Committees on Appropriations a report on the
    results of that pilot project. Each report shall evaluate any savings
    realized through the cooperative procurement and the benefits of
    incorporating cooperative procurement, as shown by that project, into
    the mass transit program as a whole.
        Sec. 167. Notwithstanding any other provision of law, new fixed
    guideway system funds available for the Yosemite, California, area
    regional transportation system project, in the Department of
    Transportation and Related Agencies Appropriations Act, 2002, Public
    Law 107-87, under ``Capital Investment Grants'', in the amount of
    $400,000 shall be available for obligation for the replacement,
    rehabilitation, or purchase of buses or related equipment, or the
    construction of bus related facilities: Provided, That this amount
    shall be in addition to the amount available in fiscal year 2002 for
    these purposes.
        Sec. 168. Notwithstanding any other provision of law, for the
    purpose of calculating the non-New Starts share of the total project
    cost of both phases of San Francisco Muni's Third Street Light Rail
    Transit project for fiscal year 2004, the Secretary of Transportation
    shall include all non-New Starts contributions made towards Phase 1 of
    the two-phase project for engineering, final design and construction,
    and also shall allow non-New Starts funds expended on one element or
    phase of the project to be used to meet the non-New Starts share
    requirement of any element or phase of the project: Provided further,
    That none of the funds provided in this Act for the San Francisco Muni
    Third Street Light Rail Transit Project shall be obligated if the
    Federal Transit Administration determines that the project is found to
    be ``not recommended'' after evaluation and computation of revised
    transportation system user benefit data.
        Sec. 169. Notwithstanding any other provision of law, funds made
    available under ``Federal Transit Administration, Capital Investment
    Grants'' in Public Law 105-277 for the Cleveland Berea Red Line
    Extension to the Hopkins International Airport project may be used for
    the Euclid Corridor Transportation Project.
        Sec. 170. Notwithstanding any other provision of law, funds
    designated to the Community Transportation Association of America
    (CTAA) on pages 1305 through 1307 of the Joint Explanatory Statement of
    the Committee of Conference for Public Law 108-7 may be available to
    CTAA for any project or activity authorized under section 3037 of
    Public Law 105-178 upon receipt of an application.
        Sec. 171. After the last section of the Federal Transit Act, 49
    U.S.C. chapter 53, add the following section:

    ``SEC. 3042. UTAH TRANSPORTATION PROJECTS.

        ``(a) Coordination.--FTA and FHWA are directed to work with the
    Utah Transit Authority and the Utah Department of Transportation to
    coordinate the development regional commuter rail and the northern
    segment of I-15 reconstruction located in the Wasatch Front corridor
    extending from Brigham City to Payson, Utah. Coordination includes
    integration of preliminary engineering and design, a simplified method
    for allocating project costs among eligible FTA and FHWA funding
    sources, and a unified accounting and audit process.
        ``(b) Governmental Funding.--For purposes of determining and
    allocating the nongovernmental and governmental share of costs, the
    following projects comprise a related program of projects: regional
    commuter rail, the TRAX light rail system, TRAX extensions to the
    Medical Center and to the Gateway Intermodal Center, and the northern
    segment of I-15 reconstruction. The governmental share of project costs
    appropriated from the section 5309 New Start program shall conform to
    the share specified in the extension or reauthorization of TEA21.''.
        Sec. 172. Funds apportioned to the Charleston Area Regional
    Transportation Authority to carry out section 5307 of title 49, United
    States Code, may be used to lease land, equipment, or facilities used
    in public transportation from another governmental authority in the
    same geographic area: Provided, That the non-Federal share under
    section 5307 may include revenues from the sale of advertising and
    concessions: Provided further, That this provision shall remain in
    effect until September 30, 2004, or until the Federal interest in the
    land, equipment or facilities leased reaches 80 percent of its fair
    market value at disposition, whichever occurs first.
        Sec. 173. Notwithstanding any other provision of law, funds
    designated to the Pennsylvania Cumberland/Dauphin County Corridor I
    project in committee reports accompanying this Act may be available to
    the recipient for any project activities authorized under sections 5307
    and 5309 of title 49, United States Code.
        Sec. 174. To the extent that funds provided by the Congress for the
    Memphis Medical Center light rail extension project through the section
    5309 ``new fixed guideway systems'' program remain available upon the
    closeout of the project, Federal Transit Administration is directed to
    permit the Memphis Area Transit Authority to use all of those funds for
    planning, engineering, design, construction or acquisition projects
    pertaining to the Memphis Regional Rail Plan. Such funds shall remain
    available until expended.
        Sec. 175. Section 30303(d)(3) of the Transportation Equity Act for
    the 21st Century (Public Law 105-178) is amended by inserting at the
    end:
            ``(D) Memphis-Shelby International Airport intermodal
        facility.''.
        Sec. 176. For fiscal year 2004, section 3027 of the Transportation
    Equity Act for the 21st Century (49 U.S.C. 5307 note; 112 Stat. 366),
    as amended, is amended by adding at the end the following:
            ``(3) Services for elderly and persons with disabilities.--In
        addition to assistance made available under paragraph (1), the
        Secretary may provide assistance under section 5307 of title 49,
        United States Code, to a transit provider that operates 25 or fewer
        vehicles in an urbanized area with a population of at least 200,000
        to finance the operating costs of equipment and facilities used by
        the transit provider in providing mass transportation services to
        elderly and persons with disabilities, provided that such
        assistance to all entities shall not exceed $10,000,000
        annually.''.
        Sec. 177. None of the funds in this Act shall be available to any
    Federal transit grantee after February 1, 2004, involved directly or
    indirectly, in any activity that promotes the legalization or medical
    use of any substance listed in schedule I of section 202 of the
    Controlled Substances Act (21 U.S.C. 812 et seq.).

                 Saint Lawrence Seaway Development Corporation

        The Saint Lawrence Seaway Development Corporation is hereby
    authorized to make such expenditures, within the limits of funds and
    borrowing authority available to the 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, as may be necessary in carrying
    out the programs set forth in the Corporation's budget for the current
    fiscal year.

                            Operations and Maintenance

                         (harbor maintenance trust fund)

        For necessary expenses for operations and maintenance of those
    portions of the Saint Lawrence Seaway operated and maintained by the
    Saint Lawrence Seaway Development Corporation, $14,400,000, to be
    derived from the Harbor Maintenance Trust Fund, pursuant to Public Law
    99-662.

                            Maritime Administration

                            Maritime Security Program

        For necessary expenses to maintain and preserve a U.S.-flag
    merchant fleet to serve the national security needs of the United
    States, $98,700,000, to remain available until expended.

                             Operations and Training

        For necessary expenses of operations and training activities
    authorized by law, $106,997,000, of which $23,600,000 shall remain
    available until September 30, 2004, for salaries and benefits of
    employees of the United States Merchant Marine Academy; of which
    $13,500,000 shall remain available until expended for capital
    improvements at the United States Merchant Marine Academy; of which
    $8,063,000 shall remain available until expended for the State Maritime
    Schools Schoolship Maintenance and Repair; of which $500,000 shall
    remain available until expended for the evaluation and provision of the
    fourteen commercially strategic ports; and of which $1,000,000 shall
    remain available until September 30, 2005, for Maritime Security
    Professional Training in support of section 109 of the Maritime
    Transportation Security Act of 2002.

                                  Ship Disposal

        For necessary expenses related to the disposal of obsolete vessels
    in the National Defense Reserve Fleet of the Maritime Administration,
    $16,211,000, to remain available until expended.

               Maritime Guaranteed Loan (Title XI) Program Account

        For administrative expenses to carry out the guaranteed loan
    program, not to exceed $4,498,000, which shall be transferred to and
    merged with the appropriation for Operations and Training.

                                ship construction

                                   (rescission)

        Of the unobligated balances available under this heading,
    $4,107,056 are rescinded.

                   General Provisions--Maritime Administration

        Sec. 180. Notwithstanding any other provision of this Act, the
    Maritime Administration is authorized to furnish utilities and services
    and make necessary repairs in connection with any lease, contract, or
    occupancy involving Government property under control of the Maritime
    Administration, and payments received therefore shall be credited to
    the appropriation charged with the cost thereof: Provided, That rental
    payments under any such lease, contract, or occupancy for items other
    than such utilities, services, or repairs shall be covered into the
    Treasury as miscellaneous receipts.
        Sec. 181. No obligations shall be incurred during the current
    fiscal year from the construction fund established by the Merchant
    Marine Act, 1936, or otherwise, in excess of the appropriations and
    limitations contained in this Act or in any prior appropriation Act.

                  Research and Special Programs Administration

                          Research and Special Programs

        For expenses necessary to discharge the functions of the Research
    and Special Programs Administration, $46,441,000, of which $645,000
    shall be derived from the Pipeline Safety Fund, and of which $2,510,000
    shall remain available until September 30, 2006: Provided, That up to
    $1,200,000 in fees collected under 49 U.S.C. 5108(g) shall be deposited
    in the general fund of the Treasury as offsetting receipts: Provided
    further, That there may be credited to this appropriation, to be
    available until expended, funds received from States, counties,
    municipalities, other public authorities, and private sources for
    expenses incurred for training, for reports publication and
    dissemination, and for travel expenses incurred in performance of
    hazardous materials exemptions and approvals functions.

                                 Pipeline Safety

                              (pipeline safety fund)

                         (oil spill liability trust fund)

        For expenses necessary to conduct the functions of the pipeline
    safety program, for grants-in-aid to carry out a pipeline safety
    program, as authorized by 49 U.S.C. 60107, and to discharge the
    pipeline program responsibilities of the Oil Pollution Act of 1990,
    $66,305,000, of which $13,000,000 shall be derived from the Oil Spill
    Liability Trust Fund and shall remain available until September 30,
    2006; of which $53,305,000 shall be derived from the Pipeline Safety
    Fund, of which $21,828,000 shall remain available until September 30,
    2006.

                          Emergency Preparedness Grants

                          (emergency preparedness fund)

        For necessary expenses to carry out 49 U.S.C. 5127(c), $200,000, to
    be derived from the Emergency Preparedness Fund, to remain available
    until September 30, 2006: Provided, That not more than $14,300,000
    shall be made available for obligation in fiscal year 2004 from amounts
    made available by 49 U.S.C. 5116(i) and 5127(d): Provided further, That
    none of the funds made available by 49 U.S.C. 5116(i) and 5127(d) shall
    be made available for obligation by individuals other than the
    Secretary of Transportation, or his designee.

                          Office of Inspector General

                              Salaries and Expenses

        For necessary expenses of the Office of Inspector General to carry
    out the provisions of the Inspector General Act of 1978, as amended,
    $56,000,000: Provided, That the Inspector General shall have all
    necessary authority, in carrying out the duties specified in the
    Inspector General Act, as amended (5 U.S.C. App. 3) to investigate
    allegations of fraud, including false statements to the government (18
    U.S.C. 1001), by any person or entity that is subject to regulation by
    the Department: Provided further, That the funds made available under
    this heading shall be used to investigate, pursuant to section 41712 of
    title 49, United States Code: (1) unfair or deceptive practices and
    unfair methods of competition by domestic and foreign air carriers and
    ticket agents; and (2) the compliance of domestic and foreign air
    carriers with respect to item (1) of this proviso.

                          Surface Transportation Board

                              Salaries and Expenses

        For necessary expenses of the Surface Transportation Board,
    including services authorized by 5 U.S.C. 3109, $19,521,000: Provided,
    That notwithstanding any other provision of law, not to exceed
    $1,050,000 from fees established by the Chairman of the Surface
    Transportation Board shall be credited to this appropriation as
    offsetting collections and used for necessary and authorized expenses
    under this heading: Provided further, That the sum herein appropriated
    from the general fund shall be reduced on a dollar-for-dollar basis as
    such offsetting collections are received during fiscal year 2004, to
    result in a final appropriation from the general fund estimated at no
    more than $18,471,000.

                      TITLE II--DEPARTMENT OF THE TREASURY

                              Departmental Offices

                              salaries and expenses

                          (including transfer of funds)

        For necessary expenses of the Departmental Offices including
    operation and maintenance of the Treasury Building and Annex; hire of
    passenger motor vehicles; maintenance, repairs, and improvements of,
    and purchase of commercial insurance policies for, real properties
    leased or owned overseas, when necessary for the performance of
    official business; not to exceed $3,000,000, to remain available until
    September 30, 2005, for information technology modernization
    requirements; not to exceed $150,000 for official reception and
    representation expenses; not to exceed $258,000 for unforeseen
    emergencies of a confidential nature, to be allocated and expended
    under the direction of the Secretary of the Treasury and to be
    accounted for solely on his certificate, $176,109,000: Provided, That
    the Office of Foreign Assets Control shall be funded at no less than
    $21,855,000 and 120 full time equivalent positions: Provided further,
    That of these amounts, $2,900,000 is available for grants to State and
    local law enforcement groups to help fight money laundering: Provided
    further, That of these amounts, $3,393,000, to remain available until
    September 30, 2005, shall be for the Treasury-wide Financial Statement
    Audit Program, of which such amounts as may be necessary may be
    transferred to accounts of the Department's offices and bureaus to
    conduct audits: Provided further, That this transfer authority shall be
    in addition to any other provided in this Act.

             Department-Wide Systems and Capital Investments Programs

                          (including transfer of funds)

        For development and acquisition of automatic data processing
    equipment, software, and services for the Department of the Treasury,
    $36,400,000, to remain available until September 30, 2006: Provided,
    That these funds shall be transferred to accounts and in amounts as
    necessary to satisfy the requirements of the Department's offices,
    bureaus, and other organizations: Provided further, That this transfer
    authority shall be in addition to any other transfer authority provided
    in this Act: Provided further, That none of the funds appropriated
    shall be used to support or supplement the Internal Revenue Service
    appropriations for Information Systems or Business Systems
    Modernization.

                           Office of Inspector General

                              salaries and expenses

        For necessary expenses of the Office of Inspector General in
    carrying out the provisions of the Inspector General Act of 1978, as
    amended, not to exceed $2,000,000 for official travel expenses,
    including hire of passenger motor vehicles; and not to exceed $100,000
    for unforeseen emergencies of a confidential nature, to be allocated
    and expended under the direction of the Inspector General of the
    Treasury, $13,000,000, of which not to exceed $2,500 shall be available
    for official reception and representation expenses.

                Treasury Inspector General for Tax Administration

                              salaries and expenses

        For necessary expenses of the Treasury Inspector General for Tax
    Administration in carrying out the Inspector General Act of 1978, as
    amended, including purchase (not to exceed 150 for replacement only for
    police-type use) and hire of passenger motor vehicles (31 U.S.C.
    1343(b)); services authorized by 5 U.S.C. 3109, at such rates as may be
    determined by the Inspector General for Tax Administration; not to
    exceed $6,000,000 for official travel expenses; and not to exceed
    $500,000 for unforeseen emergencies of a confidential nature, to be
    allocated and expended under the direction of the Inspector General for
    Tax Administration, $128,034,000.

                     Air Transportation Stabilization Program

        For necessary expenses to administer the Air Transportation
    Stabilization Board established by section 102 of the Air
    Transportation Safety and System Stabilization Act (Public Law 107-42),
    $2,538,000, to remain available until expended.

                Treasury Building and Annex Repair and Restoration

        For the repair, alteration, and improvement of the Treasury
    Building and Annex, $25,000,000, to remain available until September
    30, 2006, of which not less than $7,000,000 shall not be available for
    obligation until completion of the audit by the Treasury Inspector
    General or upon the advance approval of the House and Senate Committees
    on Appropriations.

                      Financial Crimes Enforcement Network

                              salaries and expenses

        For necessary expenses of the Financial Crimes Enforcement Network,
    including hire of passenger motor vehicles; travel expenses of non-
    Federal law enforcement personnel to attend meetings concerned with
    financial intelligence activities, law enforcement, and financial
    regulation; not to exceed $14,000 for official reception and
    representation expenses; and for assistance to Federal law enforcement
    agencies, with or without reimbursement, $57,571,000, of which not to
    exceed $4,500,000 shall remain available until September 30, 2006; and
    of which $8,152,000 shall remain available until September 30, 2005:
    Provided, That funds appropriated in this account may be used to
    procure personal services contracts.

                          Financial Management Service

                              salaries and expenses

        For necessary expenses of the Financial Management Service,
    $228,558,000, of which not to exceed $9,220,000 shall remain available
    until September 30, 2006, for information systems modernization
    initiatives; and of which not to exceed $2,500 shall be available for
    official reception and representation expenses.

                    Alcohol and Tobacco Tax and Trade Bureau

                              Salaries and Expenses

        For necessary expenses of carrying out section 1111 of the Homeland
    Security Act of 2002, including hire of passenger motor vehicles,
    $80,000,000; of which not to exceed $6,000 for official reception and
    representation expenses; not to exceed $50,000 for cooperative research
    and development programs for Laboratory Services; and provision of
    laboratory assistance to State and local agencies with or without
    reimbursement.

                               United States Mint

                    united states mint public enterprise fund

        Pursuant to section 5136 of title 31, United States Code, the
    United States Mint is provided funding through the United States Mint
    Public Enterprise Fund for costs associated with the production of
    circulating coins, numismatic coins, and protective services, including
    both operating expenses and capital investments. The aggregate amount
    of new liabilities and obligations incurred during fiscal year 2004
    under such section 5136 for circulating coinage and protective service
    capital investments of the United States Mint shall not exceed
    $40,652,000.

                           Bureau of the Public Debt

                          administering the public debt

        For necessary expenses connected with any public-debt issues of the
    United States, $178,052,000, of which not to exceed $2,500 shall be
    available for official reception and representation expenses, and of
    which not to exceed $2,000,000 shall remain available until expended
    for systems modernization: Provided, That the sum appropriated herein
    from the General Fund for fiscal year 2004 shall be reduced by not more
    than $4,400,000 as definitive security issue fees and Treasury Direct
    Investor Account Maintenance fees are collected, so as to result in a
    final fiscal year 2004 appropriation from the general fund estimated at
    $173,652,000. In addition, $40,000 to be derived from the Oil Spill
    Liability Trust Fund to reimburse the Bureau for administrative and
    personnel expenses for financial management of the Fund, as authorized
    by section 1012 of Public Law 101-380.

                            Internal Revenue Service

                      Processing, Assistance, and Management

        For necessary expenses of the Internal Revenue Service for pre-
    filing taxpayer assistance and education, filing and account services,
    shared services support, general management and administration; and
    services as authorized by 5 U.S.C. 3109, at such rates as may be
    determined by the Commissioner, $4,033,000,000, of which up to
    $4,100,000 shall be for the Tax Counseling for the Elderly Program, of
    which $7,500,000 shall be available for low-income taxpayer clinic
    grants, and of which not to exceed $25,000 shall be for official
    reception and representation expenses.

                               tax law enforcement

        For necessary expenses of the Internal Revenue Service for
    determining and establishing tax liabilities; providing litigation
    support; conducting criminal investigation and enforcement activities;
    securing unfiled tax returns; collecting unpaid accounts; conducting a
    document matching program; resolving taxpayer problems through prompt
    identification, referral and settlement; resolving essential earned
    income tax credit compliance and error problems; compiling statistics
    of income and conducting compliance research; purchase (for police-type
    use, not to exceed 850) and hire of passenger motor vehicles (31 U.S.C.
    1343(b)); and services as authorized by U.S.C. 3109, at such rates as
    may be determined by the Commissioner, $4,196,000,000, of which not to
    exceed $1,000,000 shall remain available until September 30, 2006, for
    research: Provided, That such sums may be transferred as necessary from
    this account to the IRS Processing, Assistance, and Management
    appropriation or the IRS Information Systems appropriation solely for
    the purposes of management of the Earned Income Tax Compliance program
    and to reimburse the Social Security Administration for the cost of
    implementing section 1090 of the Taxpayer Relief Act of 1997 (Public
    Law 105-33): Provided further, That this transfer authority shall be in
    addition to any other transfer authority provided in this Act.

                               Information Systems

        For necessary expenses of the Internal Revenue Service for
    information systems and telecommunications support, including
    developmental information systems and operational information systems;
    the hire of passenger motor vehicles (31 U.S.C. 1343(b)); and services
    as authorized by 5 U.S.C. 3109, at such rates as may be determined by
    the Commissioner, $1,590,962,000, of which $200,000,000 shall remain
    available until September 30, 2005.

                          business systems modernization

        For necessary expenses of the Internal Revenue Service,
    $390,000,000, to remain available until September 30, 2006, for the
    capital asset acquisition of information technology systems, including
    management and related contractual costs of said acquisitions,
    including contractual costs associated with operations authorized by 5
    U.S.C. 3109: Provided, That none of these funds may be obligated until
    the Internal Revenue Service submits to the Committees on
    Appropriations, and such Committees approve, a plan for expenditure
    that: (1) meets the capital planning and investment control review
    requirements established by the Office of Management and Budget,
    including Circular A-11 part 3; (2) complies with the Internal Revenue
    Service's enterprise architecture, including the modernization
    blueprint; (3) conforms with the Internal Revenue Service's enterprise
    life cycle methodology; (4) is approved by the Internal Revenue
    Service, the Department of the Treasury, and the Office of Management
    and Budget; (5) has been reviewed by the General Accounting Office; and
    (6) complies with the acquisition rules, requirements, guidelines, and
    systems acquisition management practices of the Federal Government.

                    HEALTH INSURANCE TAX CREDIT ADMINISTRATION

        For expenses necessary to implement the health insurance tax credit
    included in the Trade Act of 2002 (Public Law 107-210), $35,000,000, to
    remain available until September 30, 2005.

                   General Provisions--Internal Revenue Service

        Sec. 201. Not to exceed 5 percent of any appropriation made
    available in this Act to the Internal Revenue Service may be
    transferred to any other Internal Revenue Service appropriation upon
    the advance approval of the Committees on Appropriations.
        Sec. 202. The Internal Revenue Service shall maintain a training
    program to ensure that Internal Revenue Service employees are trained
    in taxpayers' rights, in dealing courteously with the taxpayers, and in
    cross-cultural relations.
        Sec. 203. The Internal Revenue Service shall institute and enforce
    policies and procedures that will safeguard the confidentiality of
    taxpayer information.
        Sec. 204. Funds made available by this or any other Act to the
    Internal Revenue Service shall be available for improved facilities and
    increased manpower to provide sufficient and effective 1-800 help line
    service for taxpayers. The Commissioner shall continue to make the
    improvement of the Internal Revenue Service 1-800 help line service a
    priority and allocate resources necessary to increase phone lines and
    staff to improve the Internal Revenue Service 1-800 help line service.
        Sec. 205. Within one hundred and eighty days of enactment, the
    Secretary of the Treasury shall present to the Congress a proposal for
    legislation which would provide transition relief for older and longer-
    service participants affected by conversions of their employers'
    traditional pension plans to cash balance pension plans: Provided, That
    none of the funds made available in this Act may be used by the
    Secretary of the Treasury, or his designee, to issue any rule or
    regulation which implements the proposed amendments to Internal Revenue
    Service regulations set forth in REG-209500-86 and REG-164464-02, or
    any amendments reaching results similar to such proposed amendments.
        Sec. 206. Study on Earned Income Tax Credit Certification Program.
    (a) Study.--The Internal Revenue Service shall conduct a study, as a
    part of any program that requires certification (including pre-
    certification) in order to claim the earned income tax credit under
    section 32 of the Internal Revenue Code of 1986, on the following
    matters:
            (1) The costs (in time and money) incurred by the participants
        in the program.
            (2) The administrative costs incurred by the Internal Revenue
        Service in operating the program.
            (3) The percentage of individuals included in the program who
        were not certified for the credit, including the percentage of
        individuals who were not certified due to--
                (A) ineligibility for the credit; and
                (B) failure to complete the requirements for certification.
            (4) The percentage of individuals to whom paragraph (3)(B)
        applies who were--
                (A) otherwise eligible for the credit; and
                (B) otherwise ineligible for the credit.
            (5) The percentage of individuals to whom paragraph (3)(B)
        applies who--
                (A) did not respond to the request for certification; and
                (B) responded to such request but otherwise failed to
            complete the requirements for certification.
        (6) The reasons--
                (A) for which individuals described in paragraph (5)(A) did
            not respond to requests for certification; and
                (B) for which individuals described in paragraph (5)(B) had
            difficulty in completing the requirements for certification.
            (7) The characteristics of those individuals who were denied
        the credit due to--
                (A) failure to complete the requirements for certification;
            and
                (B) ineligibility for the credit.
            (8) The impact of the program on non-English speaking
        participants.
            (9) The impact of the program on homeless and other highly
        transient individuals.
        (b) Report.--
            (1) Preliminary report.--Not later than July 30, 2004, the
        Commissioner of the Internal Revenue Service shall submit to
        Congress a preliminary report on the study conducted under
        subsection (a).
            (2) Final report.--Not later than June 30, 2005, the
        Commissioner of the Internal Revenue Service shall submit to
        Congress a final report detailing the findings of the study
        conducted under subsection (a).

                 General Provisions--Department of the Treasury

        Sec. 210. Appropriations to the Department of the Treasury in this
    Act shall be available for uniforms or allowances therefor, as
    authorized by law (5 U.S.C. 5901), including maintenance, repairs, and
    cleaning; purchase of insurance for official motor vehicles operated in
    foreign countries; purchase of motor vehicles without regard to the
    general purchase price limitations for vehicles purchased and used
    overseas for the current fiscal year; entering into contracts with the
    Department of State for the furnishing of health and medical services
    to employees and their dependents serving in foreign countries; and
    services authorized by 5 U.S.C. 3109.
        Sec. 211. Not to exceed 2 percent of any appropriations in this Act
    made available to the Departmental Offices--Salaries and Expenses,
    Office of Inspector General, Financial Management Service, Alcohol and
    Tobacco Tax and Trade Bureau, Financial Crime Enforcement Network, and
    Bureau of the Public Debt, may be transferred between such
    appropriations upon the advance approval of the Committees on
    Appropriations. No transfer may increase or decrease any such
    appropriation by more than 2 percent.
        Sec. 212. Not to exceed 2 percent of any appropriation made
    available in this Act to the Internal Revenue Service may be
    transferred to the Treasury Inspector General for Tax Administration's
    appropriation upon the advance approval of the Committees on
    Appropriations. No transfer may increase or decrease any such
    appropriation by more than 2 percent.
        Sec. 213. Of the funds available for the purchase of law
    enforcement vehicles, no funds may be obligated until the Secretary of
    the Treasury certifies that the purchase by the respective Treasury
    bureau is consistent with Departmental vehicle management principles:
    Provided, That the Secretary may delegate this authority to the
    Assistant Secretary for Management.
        Sec. 214. None of the funds appropriated in this Act or otherwise
    available to the Department of the Treasury or the Bureau of Engraving
    and Printing may be used to redesign the $1 Federal Reserve note.
        Sec. 215. The Secretary of the Treasury may transfer funds from
    ``Salaries and Expenses'', Financial Management Service, to the Debt
    Services Account as necessary to cover the costs of debt collection:
    Provided, That such amounts shall be reimbursed to such Salaries and
    Expenses account from debt collections received in the Debt Services
    Account.
        Sec. 216. Section 122(g)(1) of Public Law 105-119 (5 U.S.C. 3104
    note), is further amended by striking ``5 years'' and inserting ``6
    years''.
        Sec. 217. None of the funds appropriated or otherwise made
    available by this or any other Act may be used by the United States
    Mint to construct or operate any museum without the explicit approval
    of the House Committee on Financial Services and the Senate Committee
    on Banking, Housing, and Urban Affairs.
        Sec. 218 For fiscal year 2004 and each fiscal year thereafter,
    there are appropriated to the Secretary of the Treasury such sums as
    may be necessary to reimburse financial institutions in their capacity
    as depositaries and financial agents of the United States for all
    services required or directed by the Secretary of the Treasury, or the
    Secretary's designee, to be performed by such financial institutions on
    behalf of the Department of the Treasury or other Federal agencies,
    including services rendered prior to fiscal year 2004.

    TITLE III--EXECUTIVE OFFICE OF THE PRESIDENT AND FUNDS APPROPRIATED TO
                                 THE PRESIDENT

                         Compensation of the President

        For compensation of the President, including an expense allowance
    at the rate of $50,000 per annum as authorized by 3 U.S.C. 102,
    $450,000: Provided, That none of the funds made available for official
    expenses shall be expended for any other purpose and any unused amount
    shall revert to the Treasury pursuant to section 1552 of title 31,
    United States Code.

                               White House Office

                              salaries and expenses

        For necessary expenses for the White House as authorized by law,
    including not to exceed $3,850,000 for services as authorized by 5
    U.S.C. 3109 and 3 U.S.C. 105; subsistence expenses as authorized by 3
    U.S.C. 105, which shall be expended and accounted for as provided in
    that section; hire of passenger motor vehicles, newspapers,
    periodicals, teletype news service, and travel (not to exceed $100,000
    to be expended and accounted for as provided by 3 U.S.C. 103); and not
    to exceed $19,000 for official entertainment expenses, to be available
    for allocation within the Executive Office of the President,
    $69,168,000: Provided, That $8,650,000 of the funds appropriated shall
    be available for reimbursements to the White House Communications
    Agency: Provided further, That $7,231,000 of the funds appropriated
    under this heading shall be available for the Homeland Security
    Council.

                     Executive Residence at the White House

                                operating expenses

        For the care, maintenance, repair and alteration, refurnishing,
    improvement, heating, and lighting, including electric power and
    fixtures, of the Executive Residence at the White House and official
    entertainment expenses of the President, $12,501,000, to be expended
    and accounted for as provided by 3 U.S.C. 105, 109, 110, and 112-114.

                              reimbursable expenses

        For the reimbursable expenses of the Executive Residence at the
    White House, such sums as may be necessary: Provided, That all
    reimbursable operating expenses of the Executive Residence shall be
    made in accordance with the provisions of this paragraph: Provided
    further, That, notwithstanding any other provision of law, such amount
    for reimbursable operating expenses shall be the exclusive authority of
    the Executive Residence to incur obligations and to receive offsetting
    collections, for such expenses: Provided further, That the Executive
    Residence shall require each person sponsoring a reimbursable political
    event to pay in advance an amount equal to the estimated cost of the
    event, and all such advance payments shall be credited to this account
    and remain available until expended: Provided further, That the
    Executive Residence shall require the national committee of the
    political party of the President to maintain on deposit $25,000, to be
    separately accounted for and available for expenses relating to
    reimbursable political events sponsored by such committee during such
    fiscal year: Provided further, That the Executive Residence shall
    ensure that a written notice of any amount owed for a reimbursable
    operating expense under this paragraph is submitted to the person owing
    such amount within 60 days after such expense is incurred, and that
    such amount is collected within 30 days after the submission of such
    notice: Provided further, That the Executive Residence shall charge
    interest and assess penalties and other charges on any such amount that
    is not reimbursed within such 30 days, in accordance with the interest
    and penalty provisions applicable to an outstanding debt on a United
    States Government claim under section 3717 of title 31, United States
    Code: Provided further, That each such amount that is reimbursed, and
    any accompanying interest and charges, shall be deposited in the
    Treasury as miscellaneous receipts: Provided further, That the
    Executive Residence shall prepare and submit to the Committees on
    Appropriations, by not later than 90 days after the end of the fiscal
    year covered by this Act, a report setting forth the reimbursable
    operating expenses of the Executive Residence during the preceding
    fiscal year, including the total amount of such expenses, the amount of
    such total that consists of reimbursable official and ceremonial
    events, the amount of such total that consists of reimbursable
    political events, and the portion of each such amount that has been
    reimbursed as of the date of the report: Provided further, That the
    Executive Residence shall maintain a system for the tracking of
    expenses related to reimbursable events within the Executive Residence
    that includes a standard for the classification of any such expense as
    political or nonpolitical: Provided further, That no provision of this
    paragraph may be construed to exempt the Executive Residence from any
    other applicable requirement of subchapter I or II of chapter 37 of
    title 31, United States Code.

                        White House Repair and Restoration

        For the repair, alteration, and improvement of the Executive
    Residence at the White House, $4,225,000, to remain available until
    expended, for required maintenance, safety and health issues, and
    continued preventative maintenance.

                          Council of Economic Advisers

                              salaries and expenses

        For necessary expenses of the Council of Economic Advisors in
    carrying out its functions under the Employment Act of 1946 (15 U.S.C.
    1021), $4,502,000.

                          Office of Policy Development

                              salaries and expenses

        For necessary expenses of the Office of Policy Development,
    including services as authorized by 5 U.S.C. 3109 and 3 U.S.C. 107,
    $4,109,000.

                           National Security Council

                              salaries and expenses

        For necessary expenses of the National Security Council, including
    services as authorized by 5 U.S.C. 3109, $10,551,000.

                            Office of Administration

                              salaries and expenses

        For necessary expenses of the Office of Administration, including
    services as authorized by 5 U.S.C. 3109 and 3 U.S.C. 107, and hire of
    passenger motor vehicles, $82,826,000, of which $20,578,000 shall
    remain available until expended for the Capital Investment Plan for
    continued modernization of the information technology infrastructure
    within the Executive Office of the President.

                        Office of Management and Budget

                              salaries and expenses

        For necessary expenses of the Office of Management and Budget,
    including hire of passenger motor vehicles and services as authorized
    by 5 U.S.C. 3109 and to carry out the provisions of chapter 35 of title
    44, United States Code, $67,159,000, of which not to exceed $3,000
    shall be available for official representation expenses: Provided,
    That, as provided in 31 U.S.C. 1301(a), appropriations shall be applied
    only to the objects for which appropriations were made except as
    otherwise provided by law: Provided further, That none of the funds
    appropriated in this Act for the Office of Management and Budget may be
    used for the purpose of reviewing any agricultural marketing orders or
    any activities or regulations under the provisions of the Agricultural
    Marketing Agreement Act of 1937 (7 U.S.C. 601 et seq.): Provided
    further, That none of the funds made available for the Office of
    Management and Budget by this Act may be expended for the altering of
    the transcript of actual testimony of witnesses, except for testimony
    of officials of the Office of Management and Budget, before the
    Committees on Appropriations or the Committees on Veterans' Affairs or
    their subcommittees: Provided further, That the preceding shall not
    apply to printed hearings released by the Committees on Appropriations
    or the Committees on Veterans' Affairs: Provided further, That none of
    the funds appropriated in this Act may be available to pay the salary
    or expenses of any employee of the Office of Management and Budget who
    calculates, prepares, or approves any tabular or other material that
    proposes the sub-allocation of budget authority or outlays by the
    Committees on Appropriations among their subcommittees.

                     Office of National Drug Control Policy

                              salaries and expenses

        For necessary expenses of the Office of National Drug Control
    Policy; for research activities pursuant to the Office of National Drug
    Control Policy Reauthorization Act of 1998 (21 U.S.C. 1701 et seq.);
    not to exceed $10,000 for official reception and representation
    expenses; and for participation in joint projects or in the provision
    of services on matters of mutual interest with nonprofit, research, or
    public organizations or agencies, with or without reimbursement,
    $27,996,500; of which $1,350,000 shall remain available until expended
    for policy research and evaluation; and $1,500,000 for the National
    Alliance for Model State Drug Laws: Provided, That the Office is
    authorized to accept, hold, administer, and utilize gifts, both real
    and personal, public and private, without fiscal year limitation, for
    the purpose of aiding or facilitating the work of the Office.

                     counterdrug technology assessment center

                          (including transfer of funds)

        For necessary expenses for the Counterdrug Technology Assessment
    Center for research activities pursuant to the Office of National Drug
    Control Policy Reauthorization Act of 1998 (21 U.S.C. 1701 et seq.),
    $42,000,000, which shall remain available until expended, consisting of
    $18,000,000 for counternarcotics research and development projects, and
    $24,000,000 for the continued operation of the technology transfer
    program: Provided, That the $18,000,000 for counternarcotics research
    and development projects shall be available for transfer to other
    Federal departments or agencies.

                         Federal Drug Control Programs

                  high intensity drug trafficking areas program

                          (including transfer of funds)

        For necessary expenses of the Office of National Drug Control
    Policy's High Intensity Drug Trafficking Areas Program, $226,350,000,
    for drug control activities consistent with the approved strategy for
    each of the designated High Intensity Drug Trafficking Areas, of which
    no less than 51 percent shall be transferred to State and local
    entities for drug control activities, which shall be obligated within
    120 days of the date of the enactment of this Act: Provided, That up to
    49 percent, to remain available until September 30, 2005, may be
    transferred to Federal agencies and departments at a rate to be
    determined by the Director, of which not less than $2,100,000 shall be
    used for auditing services and associated activities, and at least
    $500,000 of the $2,100,000 shall be used to develop and implement a
    data collection system to measure the performance of the High Intensity
    Drug Trafficking Areas Program: Provided further, That High Intensity
    Drug Trafficking Areas Programs designated as of September 30, 2003,
    shall be funded at no less than the fiscal year 2003 initial allocation
    levels unless the Director submits to the Committees on Appropriations,
    and the Committees approve, justification for changes in those levels
    based on clearly articulated priorities for the High Intensity Drug
    Trafficking Areas Programs, as well as published Office of National
    Drug Control Policy performance measures of effectiveness: Provided
    further, That a request shall be submitted to the Committees on
    Appropriations for approval prior to the obligation of funds of an
    amount in excess of the fiscal year 2004 budget request: Provided
    further, That such request shall be made in compliance with the
    reprogramming guidelines.

                       Other Federal Drug Control Programs

                          (including transfer of funds)

        For activities to support a national anti-drug campaign for youth,
    and for other purposes, authorized by the Office of National Drug
    Control Policy Reauthorization Act of 1998 (21 U.S.C. 1701 et seq.),
    $229,000,000, to remain available until expended, of which the
    following amounts are available as follows: $145,000,000 to support a
    national media campaign, as authorized by the Drug-Free Media Campaign
    Act of 1998; $70,000,000 to continue a program of matching grants to
    drug-free communities, of which $1,000,000 shall be a directed grant to
    the Community Anti-Drug Coalitions of America for the National
    Community Anti-Drug Coalition Institute, as authorized in chapter 2 of
    the National Narcotics Leadership Act of 1988, as amended; $3,000,000
    for the Counterdrug Intelligence Executive Secretariat; $2,000,000 for
    evaluations and research related to National Drug Control Program
    performance measures; $1,000,000 for the National Drug Court Institute;
    $7,200,000 for the United States Anti-Doping Agency for anti-doping
    activities; and $800,000 for the United States membership dues to the
    World Anti-Doping Agency: Provided, That such funds may be transferred
    to other Federal departments and agencies to carry out such activities:
    Provided further, That of the amounts appropriated for a national media
    campaign, no less than 78 percent shall be used for the purchase of
    advertising time and space for the national media campaign.

                              Unanticipated Needs

        For expenses necessary to enable the President to meet
    unanticipated needs, in furtherance of the national interest, security,
    or defense which may arise at home or abroad during the current fiscal
    year, as authorized by 3 U.S.C. 108, $1,000,000.

     Special Assistance to the President and the Official Residence of the
                                 Vice President

                              salaries and expenses

        For necessary expenses to enable the Vice President to provide
    assistance to the President in connection with specially assigned
    functions; services as authorized by 5 U.S.C. 3109 and 3 U.S.C. 106,
    including subsistence expenses as authorized by 3 U.S.C. 106, which
    shall be expended and accounted for as provided in that section; and
    hire of passenger motor vehicles, $4,461,000.

                                Operating Expenses

                          (INCLUDING TRANSFER OF FUNDS)

        For the care, operation, refurnishing, improvement, and to the
    extent not otherwise provided for, heating and lighting, including
    electric power and fixtures, of the official residence of the Vice
    President; the hire of passenger motor vehicles; and not to exceed
    $90,000 for official entertainment expenses of the Vice President, to
    be accounted for solely on his certificate, $331,000: Provided, That
    advances or repayments or transfers from this appropriation may be made
    to any department or agency for expenses of carrying out such
    activities.

               general provision--executive office of the president

        Sec. 301. Section 102 of title 3, United States Code, is amended by
    striking ``, for which expense allowance'' and all that follows through
    the first period and inserting ``. Any unused amount of such expense
    allowance shall revert to the Treasury pursuant to section 1552 of
    title 31, United States Code. No amount of such expense allowance shall
    be included in the gross income of the President.''.

                         TITLE IV--INDEPENDENT AGENCIES

           Architectural and Transportation Barriers Compliance Board

                              Salaries and Expenses

        For expenses necessary for the Architectural and Transportation
    Barriers Compliance Board, as authorized by section 502 of the
    Rehabilitation Act of 1973, as amended $5,401,000: Provided, That,
    notwithstanding any other provision of law, there may be credited to
    this appropriation funds received for publications and training
    expenses.

                      National Transportation Safety Board

                              Salaries and Expenses

        For necessary expenses of the National Transportation Safety Board,
    including hire of passenger motor vehicles and aircraft; services as
    authorized by 5 U.S.C. 3109, but at rates for individuals not to exceed
    the per diem rate equivalent to the rate for a GS-15; uniforms, or
    allowances therefor, as authorized by law (5 U.S.C. 5901-5902)
    $73,499,000, of which not to exceed $2,000 may be used for official
    reception and representation expenses.

                                  EMERGENCY FUND

        For necessary expenses of the National Transportation Safety Board
    for accident investigations, $600,000, to remain available until
    expended: Provided, That these funds shall be available only to the
    extent necessary to restore the balance of the emergency fund to
    $2,000,000 (29 U.S.C. 1118(b)).

     Committee for Purchase From People Who Are Blind or Severely Disabled

                              salaries and expenses

        For necessary expenses of the Committee for Purchase From People
    Who Are Blind or Severely Disabled established by Public Law 92-28,
    $4,725,000.

                          Federal Election Commission

                              Salaries and Expenses

        For necessary expenses to carry out the provisions of the Federal
    Election Campaign Act of 1971, as amended, $51,240,000, of which no
    less than $6,389,900 shall be available for internal automated data
    processing systems, of which not to exceed $5,000 shall be available
    for reception and representation expenses, and of which $800,000 shall
    be available for necessary expenses to carry out the functions of the
    Office of Election Administration: Provided, That upon the transfer of
    functions of the Office of Election Administration to the Election
    Assistance Commission under the provisions of title VIII of the Help
    America Vote Act of 2002, any portion of such funds remaining available
    as of the date of the transfer shall be transferred to the Election
    Assistance Commission for purposes of carrying out such functions.

                         Election Assistance Commission

                              Salaries and Expenses

        For necessary expenses to carry out the Help America Vote Act of
    2002, $1,200,000.

                            Election Reform Programs

                          (including transfer of funds)

        For necessary expenses to carry out a program of requirements
    payments to States as authorized by section 257 of the Help America
    Vote Act of 2002, $500,000,000: Provided, That no more that one-tenth
    of 1 percent of funds available for requirements payments under section
    257 of the Help America Vote Act of 2002 shall be allocated to any
    territory: Provided further, That of the funds made available for
    providing grants to assist State and local efforts to improve election
    technology and the administration of Federal elections, as authorized
    by such Act, not to exceed $100,000 shall be transferred to the General
    Services Administration for necessary administrative expenses to carry
    out programs of payments to States as authorized by section 257 of such
    Act.

                       Federal Labor Relations Authority

                              salaries and expenses

        For necessary expenses to carry out functions of the Federal Labor
    Relations Authority, pursuant to Reorganization Plan Numbered 2 of
    1978, and the Civil Service Reform Act of 1978, including services
    authorized by 5 U.S.C. 3109, and including hire of experts and
    consultants, hire of passenger motor vehicles, and rental of conference
    rooms in the District of Columbia and elsewhere, $29,611,000: Provided,
    That public members of the Federal Service Impasses Panel may be paid
    travel expenses and per diem in lieu of subsistence as authorized by
    law (5 U.S.C. 5703) for persons employed intermittently in the
    Government service, and compensation as authorized by 5 U.S.C. 3109:
    Provided further, That notwithstanding 31 U.S.C. 3302, funds received
    from fees charged to non-Federal participants at labor-management
    relations conferences shall be credited to and merged with this
    account, to be available without further appropriation for the costs of
    carrying out these conferences.

                          Federal Maritime Commission

                              Salaries and Expenses

        For necessary expenses of the Federal Maritime Commission as
    authorized by section 201(d) of the Merchant Marine Act, 1936, as
    amended (46 U.S.C. App. 1111), including services as authorized by 5
    U.S.C. 3109; hire of passenger motor vehicles as authorized by 31
    U.S.C. 1343(b); and uniforms or allowances therefore, as authorized by
    5 U.S.C. 5901-5902, $18,471,000: Provided, That not to exceed $2,000
    shall be available for official reception and representation expenses.

                        General Services Administration

                             Real Property Activities

                              Federal Buildings Fund

                      limitations on availability of revenue

                          (including transfers of funds)

        For an additional amount to be deposited in, and to be used for the
    purposes of, the Fund established pursuant to section 210(f) of the
    Federal Property and Administrative Services Act of 1949, as amended
    (40 U.S.C. 592), $446,000,000. The revenues and collections deposited
    into the Fund shall be available for necessary expenses of real
    property management and related activities not otherwise provided for,
    including operation, maintenance, and protection of federally owned and
    leased buildings; rental of buildings in the District of Columbia;
    restoration of leased premises; moving governmental agencies (including
    space adjustments and telecommunications relocation expenses) in
    connection with the assignment, allocation and transfer of space;
    contractual services incident to cleaning or servicing buildings, and
    moving; repair and alteration of federally owned buildings including
    grounds, approaches and appurtenances; care and safeguarding of sites;
    maintenance, preservation, demolition, and equipment; acquisition of
    buildings and sites by purchase, condemnation, or as otherwise
    authorized by law; acquisition of options to purchase buildings and
    sites; conversion and extension of federally owned buildings;
    preliminary planning and design of projects by contract or otherwise;
    construction of new buildings (including equipment for such buildings);
    and payment of principal, interest, and any other obligations for
    public buildings acquired by installment purchase and purchase
    contract; in the aggregate amount of $6,758,208,000, of which: (1)
    $708,268,000 shall remain available until expended for construction
    (including funds for sites and expenses and associated design and
    construction services) of additional projects at the following
    locations:
            New Construction:
                Alabama:
                    Anniston, United States Courthouse, $4,400,000.
                    Tuscaloosa, Federal Building, $7,500,000.
                California:
                    Los Angeles, United States Courthouse, $50,000,000.
                    San Diego, Border Station, $34,211,000.
                Colorado:
                    Denver Federal Center, site remediation, $6,000,000.
                District of Columbia:
                    Department of Transportation Headquarters, $42,000,000.
                Florida:
                    Orlando, United States Courthouse, $7,200,000.
                Georgia:
                    Atlanta, Tuttle Building Annex, $10,600,000.
                Maine:
                    Jackman, Border Station, $7,712,000.
                Maryland:
                    Montgomery County, Food and Drug Administration
                Consolidation, $42,000,000.
                    Suitland, United States Census Bureau, $146,451,000.
                Michigan:
                    Detroit, Ambassador Bridge Border Station, $25,387,000.
                New York:
                    Champlain, Border Station, $31,031,000.
                North Carolina:
                    Charlotte, United States Courthouse, $8,500,000.
                Ohio:
                    Toledo, United States Courthouse, $6,500,000.
                Pennsylvania:
                    Harrisburg, United States Courthouse, $26,000,000.
                South Carolina:
                    Greenville, United States Courthouse, $11,000,000.
                Texas:
                    Del Rio, Border Station, $23,966,000.
                    Eagle Pass, Border Station, $31,980,000.
                    Houston, Federal Bureau of Investigation, $58,080,000.
                    McAllen, Border Station, $17,938,000.
                    San Antonio, United States Courthouse, $8,000,000.
                Virginia:
                    Richmond, United States Courthouse, $83,000,000.
                Washington:
                    Blaine, Border Station, $9,812,000.
                Nonprospectus Construction, $9,000,000:
    Provided, That each of the foregoing limits of costs on new
    construction projects may be exceeded to the extent that savings are
    effected in other such projects, but not to exceed 10 percent of the
    amounts included in an approved prospectus, if required, unless advance
    approval is obtained from the Committees on Appropriations of a greater
    amount: Provided further, That all funds for direct construction
    projects shall expire on September 30, 2005, and remain in the Federal
    Buildings Fund except for funds for projects as to which funds for
    design or other funds have been obligated in whole or in part prior to
    such date; (2) $991,300,000 shall remain available until expended for
    repairs and alterations, which includes associated design and
    construction services:
            Repairs and Alterations:
                Colorado:
                    Denver, Byron G. Rogers Federal Building--Courthouse,
                $39,436,000.
                District of Columbia:
                    320 First Street, $7,485,000.
                    Eisenhower Executive Office Building, $65,757,000.
                    Federal Office Building 8, $134,872,000.
                    Main Interior Building, $15,603,000.
                    Fire & Life Safety, $68,188,000.
                Georgia:
                    Atlanta, Richard B. Russell Federal Building,
                $32,173,000.
                Illinois:
                    Chicago, Dirksen Courthouse & Kluczynski Federal
                Building, $24,056,000.
                    Springfield, Paul H. Findley Federal Building--
                Courthouse, $6,183,000.
                Indiana:
                    Terre Haute Federal Building--Post Office, $4,600,000.
                Massachusetts:
                    Boston, John W. McCormack Post Office and Courthouse,
                $73,037,000.
                New York:
                    Brooklyn, Emanuel Celler Courthouse, $65,511,000.
                North Dakota:
                    Fargo, Federal Building--Post Office, $5,801,000.
                Ohio:
                    Columbus, John W. Bricker Federal Building,
                $10,707,000.
                Washington:
                    Auburn, Building 7, Auburn Federal Building,
                $18,315,000.
                    Bellingham, Federal Building, $2,610,000.
                    Seattle, Henry M. Jackson Federal Building, $6,868,000.
            Special Emphasis Programs:
                Chlorofluorocarbons Program, $5,000,000.
                Energy Program, $5,000,000.
                Glass Fragmentation Program, $20,000,000.
            Design Program, $41,462,000:
    Provided further, That funds made available in any previous Act in the
    Federal Buildings Fund for Repairs and Alterations shall, for
    prospectus projects, be limited to the amount identified for each
    project, except each project in any previous Act may be increased by an
    amount not to exceed 10 percent unless advance approval is obtained
    from the Committees on Appropriations of a greater amount: Provided
    further, That additional projects for which prospectuses have been
    fully approved may be funded under this category only if advance
    approval is obtained from the Committees on Appropriations: Provided
    further, That the amounts provided in this or any prior Act for
    ``Repairs and Alterations'' may be used to fund costs associated with
    implementing security improvements to buildings necessary to meet the
    minimum standards for security in accordance with current law and in
    compliance with the reprogramming guidelines of the appropriate
    Committees of the House and Senate: Provided further, That the
    difference between the funds appropriated and expended on any projects
    in this or any prior Act, under the heading ``Repairs and
    Alterations'', may be transferred to Basic Repairs and Alterations or
    used to fund authorized increases in prospectus projects: Provided
    further, That all funds for repairs and alterations prospectus projects
    shall expire on September 30, 2005, and remain in the Federal Buildings
    Fund except funds for projects as to which funds for design or other
    funds have been obligated in whole or in part prior to such date:
    Provided further, That the amount provided in this or any prior Act for
    Basic Repairs and Alterations may be used to pay claims against the
    Government arising from any projects under the heading ``Repairs and
    Alterations'' or used to fund authorized increases in prospectus
    projects: Provided further, That the funds available herein for repairs
    to the Bellingham, Washington, Federal Building, shall be available for
    transfer to the city of Bellingham, Washington, subject to disposal of
    the building to the city; (3) $169,745,000 for installment acquisition
    payments including payments on purchase contracts which shall remain
    available until expended; (4) $3,280,187,000 for rental of space which
    shall remain available until expended; and (5) $1,608,708,000 for
    building operations which shall remain available until expended:
    Provided further, That funds available to the General Services
    Administration shall not be available for expenses of any construction,
    repair, alteration and acquisition project for which a prospectus, if
    required by the Public Buildings Act of 1959, as amended, has not been
    approved, except that necessary funds may be expended for each project
    for required expenses for the development of a proposed prospectus:
    Provided further, That funds available in the Federal Buildings Fund
    may be expended for emergency repairs when advance approval is obtained
    from the Committees on Appropriations: Provided further, That amounts
    necessary to provide reimbursable special services to other agencies
    under section 210(f)(6) of the Federal Property and Administrative
    Services Act of 1949, as amended (40 U.S.C. 592(b)(2)) and amounts to
    provide such reimbursable fencing, lighting, guard booths, and other
    facilities on private or other property not in Government ownership or
    control as may be appropriate to enable the United States Secret
    Service to perform its protective functions pursuant to 18 U.S.C. 3056,
    shall be available from such revenues and collections: Provided
    further, That revenues and collections and any other sums accruing to
    this Fund during fiscal year 2004, excluding reimbursements under
    section 210(f)(6) of the Federal Property and Administrative Services
    Act of 1949 (40 U.S.C. 592(b)(2)) in excess of $6,717,208,000 shall
    remain in the Fund and shall not be available for expenditure except as
    authorized in appropriations Acts.

                                general activities

                              Government-wide Policy

        For expenses authorized by law, not otherwise provided for, for
    Government-wide policy and evaluation activities associated with the
    management of real and personal property assets and certain
    administrative services; Government-wide policy support
    responsibilities relating to acquisition, telecommunications,
    information technology management, and related technology activities;
    and services as authorized by 5 U.S.C. 3109, $56,383,000.

                                operating expenses

        For expenses authorized by law, not otherwise provided for, for
    Government-wide activities associated with utilization and donation of
    surplus personal property; disposal of real property;
    telecommunications, information technology management, and related
    technology activities; providing Internet access to Federal information
    and services; agency-wide policy direction and management, and Board of
    Contract Appeals; accounting, records management, and other support
    services incident to adjudication of Indian Tribal Claims by the United
    States Court of Federal Claims; services as authorized by 5 U.S.C.
    3109; and not to exceed $7,500 for official reception and
    representation expenses, $88,110,000.

                           office of inspector general

        For necessary expenses of the Office of Inspector General and
    services authorized by 5 U.S.C. 3109, $39,169,000: Provided, That not
    to exceed $15,000 shall be available for payment for information and
    detection of fraud against the Government, including payment for
    recovery of stolen Government property: Provided further, That not to
    exceed $2,500 shall be available for awards to employees of other
    Federal agencies and private citizens in recognition of efforts and
    initiatives resulting in enhanced Office of Inspector General
    effectiveness.

                        electronic government (e-gov) fund

                          (including transfer of funds)

        For necessary expenses in support of interagency projects that
    enable the Federal Government to expand its ability to conduct
    activities electronically, through the development and implementation
    of innovative uses of the Internet and other electronic methods,
    $3,000,000, to remain available until expended: Provided, That these
    funds may be transferred to Federal agencies to carry out the purposes
    of the Fund: Provided further, That this transfer authority shall be in
    addition to any other transfer authority provided in this Act: Provided
    further, That such transfers may not be made until 10 days after a
    proposed spending plan and justification for each project to be
    undertaken has been submitted to the Committees on Appropriations.

               allowances and office staff for former presidents

                          (including transfer of funds)

        For carrying out the provisions of the Act of August 25, 1958, as
    amended (3 U.S.C. 102 note), and Public Law 95-138, $3,393,000:
    Provided, That the Administrator of General Services shall transfer to
    the Secretary of the Treasury such sums as may be necessary to carry
    out the provisions of such Acts.

               General Provisions--General Services Administration

        Sec. 401. The appropriate appropriation or fund available to the
    General Services Administration shall be credited with the cost of
    operation, protection, maintenance, upkeep, repair, and improvement,
    included as part of rentals received from Government corporations
    pursuant to law (40 U.S.C. 129).
        Sec. 402. Funds available to the General Services Administration
    shall be available for the hire of passenger motor vehicles.
        Sec. 403. Funds in the Federal Buildings Fund made available for
    fiscal year 2004 for Federal Buildings Fund activities may be
    transferred between such activities only to the extent necessary to
    meet program requirements: Provided, That any proposed transfers shall
    be approved in advance by the Committees on Appropriations.
        Sec. 404. No funds made available by this Act shall be used to
    transmit a fiscal year 2005 request for United States Courthouse
    construction that: (1) does not meet the design guide standards for
    construction as established and approved by the General Services
    Administration, the Judicial Conference of the United States, and the
    Office of Management and Budget; and (2) does not reflect the
    priorities of the Judicial Conference of the United States as set out
    in its approved 5-year construction plan: Provided, That the fiscal
    year 2005 request must be accompanied by a standardized courtroom
    utilization study of each facility to be constructed, replaced, or
    expanded.
        Sec. 405. None of the funds provided in this Act may be used to
    increase the amount of occupiable square feet, provide cleaning
    services, security enhancements, or any other service usually provided
    through the Federal Buildings Fund, to any agency that does not pay the
    rate per square foot assessment for space and services as determined by
    the General Services Administration in compliance with the Public
    Buildings Amendments Act of 1972 (Public Law 92-313).
        Sec. 406. Funds provided to other Government agencies by the
    Information Technology Fund, General Services Administration, under
    section 110 of the Federal Property and Administrative Services Act of
    1949 (40 U.S.C. 757) and sections 5124(b) and 5128 of the Clinger-Cohen
    Act of 1996 (40 U.S.C. 1424(b) and 1428), for performance of pilot
    information technology projects which have potential for Government-
    wide benefits and savings, may be repaid to this Fund from any savings
    actually incurred by these projects or other funding, to the extent
    feasible.
        Sec. 407. From funds made available under the heading ``Federal
    Buildings Fund, Limitations on Availability of Revenue'', claims
    against the Government of less than $250,000 arising from direct
    construction projects and acquisition of buildings may be liquidated
    from savings effected in other construction projects with prior
    notification to the Committees on Appropriations.
        Sec. 408. (a) Notwithstanding any other provision of law, the
    Administrator of General Services is authorized to acquire, under such
    terms and conditions as he deems to be in the interests of the United
    States, approximately 27 acres of land, identified as Site 7 and
    located at 234 Corporate Drive, Pease International Tradeport,
    Portsmouth, NH 03801, as a site for the public building needs of the
    Federal Government, and to design and construct upon the site a new
    Federal Office Building of approximately 98,000 gross square feet:
    Provided, That the Administrator shall not acquire any property under
    this subsection until the Administrator determines that the property is
    in compliance with applicable environmental laws, and that the property
    is suitable and available for use as a site to house the Federal
    agencies presently located in the Thomas J. McIntyre Federal Building.
        (b) For the site acquisition, design, construction, and relocation,
    $11,149,000 shall be available from funds previously provided under the
    heading ``General Services Administration, Real Property Activities,
    Federal Buildings Fund'' in Public Law 108-7 for repairs and
    alterations to the Thomas J. McIntyre Federal Building in Portsmouth,
    New Hampshire, which was included in the plan for expenditure of
    repairs and alterations funds as required by accompanying House Report
    No. 108-10.
        (c) For any additional costs of construction, management and
    inspection of the new facility to house the Federal agencies relocated
    from the McIntyre Federal Office Building, and for the costs of
    relocating the Federal agencies occupying the McIntyre Federal Office
    Building, $13,669,000 shall be deposited into the Federal Buildings
    Fund (40 U.S.C. 592) from the general fund; which amount, together with
    the amount set forth in subsection (b) of this section shall remain
    available until expended and shall be subject to such escalation and
    reprogramming authorities available to the Administrator for any other
    new construction projects under the heading ``Federal Building Fund
    Limitations on Availability of Revenue''.
        (d) The Administrator is authorized and directed to convey, without
    consideration, the Thomas J. McIntyre Federal Office Building to the
    City of Portsmouth, New Hampshire for economic development purposes
    subject to the following conditions: (i) that all Federal agencies
    currently occupying the McIntyre Building except the United States
    Postal Service are completely relocated to the new Federal Building for
    so long as those agencies have continuing mission needs for that new
    location; (ii) that the requirements of the McKinney-Vento Homeless
    Assistance Act (42 U.S.C. 11411 et seq.) shall not apply to this
    conveyance; and (iii) that the Administrator may include in the
    conveyance documents such terms and conditions as the Administrator
    determines in the best interest of the United States.
        Sec. 409. (a) The Administrator of General Services shall carry out
    the authority of the Election Assistance Commission to make election
    assistance payments under subtitle D of title II of the Help America
    Vote Act of 2002, including the authority under such subtitle to
    receive statements and applications from entities seeking such payments
    and reports from entities receiving such payments.
        (b) The authority of the Administrator of General Services under
    subsection (a) shall apply with respect to amounts appropriated for
    fiscal year 2004 and amounts appropriated for fiscal year 2003 which
    remain unobligated and unexpended at the end of fiscal year 2003,
    except that this authority shall expire upon the earlier of--
            (1) the expiration of the 3-month period which begins on the
        date on which all members of the Election Assistance Commission are
        appointed; or
            (2) June 30, 2004.
        (c) Upon the appointment of all members of the Election Assistance
    Commission, the Administrator of General Services shall transmit to the
    Commission all statements, applications, and reports received by the
    Administrator in carrying out this section.
        Sec. 410. None of the funds made available in this Act may be used
    by the General Services Administration to establish a quick response
    team processing center on East Brainerd Road in Chattanooga, Tennessee.
        Sec. 411. Completion of Land Conveyance, San Joaquin County,
    California. Section 140 of division C of Public Law 105-277 (112 Stat.
    2681-599), as amended by section 3034 of the 1999 Emergency
    Supplemental Appropriations Act (Public Law 106-31; 113 Stat. 104), is
    amended--
            (1) in subsection (a)--
                (A) in the first sentence, by striking ``Attorney General''
            and inserting ``Administrator of General Services, on behalf of
            the Attorney General,'';
                (B) in the second sentence, by striking ``Attorney
            General'' and inserting ``Administrator''; and
                (C) in the second sentence, by striking ``not later than
            August 21, 1999'' and inserting ``as soon as practicable'';
            (2) in subsection (b), by striking ``Attorney General'' and
        inserting ``Administrator'';
            (3) in subsection (c)(1)--
                (A) in the first sentence, by striking ``as the location''
            and all that follows through ``other educational purposes'' and
            inserting ``for educational or recreational purposes''; and
                (B) by striking the second sentence;
            (4) in subsection (c)(2), by striking ``Attorney General'' and
        inserting ``Administrator'';
            (5) in subsection (d), by striking paragraph (2) and inserting
        the following new paragraph:
        ``(2) The use of the real property conveyed under subsection (a)
    for recreational purposes, as provided in subsection (c), shall be
    subject to the approval of the Secretary of the Interior.'';
            (6) in subsection (e)--
                (A) in paragraph (1), by striking ``If the Secretary'' and
            all that follows through ``not being used'' and inserting ``If
            a portion of the real property conveyed under subsection (a) is
            used for educational purposes, as provided in subsection (c),
            and the Secretary of Education determines that such portion is
            no longer being used''; and
                (B) in paragraph (2), by striking ``as a public park or for
            other recreational purposes'' and inserting ``for recreational
            purposes''; and
            (7) in subsection (f), by striking ``Attorney General'' and
        inserting ``Administrator''.

                         Merit Systems Protection Board

                              salaries and expenses

                          (including transfer of funds)

        For necessary expenses to carry out functions of the Merit Systems
    Protection Board pursuant to Reorganization Plan Numbered 2 of 1978 and
    the Civil Service Reform Act of 1978, including services as authorized
    by 5 U.S.C. 3109, rental of conference rooms in the District of
    Columbia and elsewhere, hire of passenger motor vehicles, and direct
    procurement of survey printing, $32,877,000 together with not to exceed
    $2,626,000 for administrative expenses to adjudicate retirement appeals
    to be transferred from the Civil Service Retirement and Disability Fund
    in amounts determined by the Merit Systems Protection Board.

     Morris K. Udall Scholarship and Excellence in National Environmental
                               Policy Foundation

      Morris K. Udall Scholarship and Excellence in National Environmental
                               Policy Trust Fund

        For payment to the Morris K. Udall Scholarship and Excellence in
    National Environmental Policy Trust Fund, pursuant to the Morris K.
    Udall Scholarship and Excellence in National Environmental and Native
    American Public Policy Act of 1992 (20 U.S.C. 5601 et seq.),
    $1,996,000, to remain available until expended of which up to $50,000
    shall be used to conduct financial audits pursuant to the
    Accountability of Tax Dollars Act of 2002 (Public Law 107-289)
    notwithstanding sections 8 and 9 of Public Law 102-259: Provided, That
    up to 60 percent of such funds may be transferred by the Morris K.
    Udall Scholarship and Excellence in National Environmental Policy
    Foundation for the necessary expenses of the Native Nations Institute.

                      environmental dispute resolution fund

        For payment to the Environmental Dispute Resolution Fund to carry
    out activities authorized in the Environmental Policy and Conflict
    Resolution Act of 1998, $1,309,000, to remain available until expended.

                  National Archives and Records Administration

                                Operating Expenses

        For necessary expenses in connection with the administration of the
    National Archives and Records Administration (including the Information
    Security Oversight Office) and archived Federal records and related
    activities, as provided by law, and for expenses necessary for the
    review and declassification of documents, and for the hire of passenger
    motor vehicles, $256,700,000: Provided, That the Archivist of the
    United States is authorized to use any excess funds available from the
    amount borrowed for construction of the National Archives facility, for
    expenses necessary to provide adequate storage for holdings: Provided
    further, That, of the funds provided in this paragraph, $600,000 shall
    be for the preservation of the records of the Freedmen's Bureau.

                            Electronic Records Archive

        For necessary expenses in connection with the development of an
    electronic records archive, to include all direct project costs
    associated with research, analysis, design, development, and program
    management, $35,914,000, of which $22,000,000 shall remain available
    until September 30, 2006.

                             repairs and restoration

        For the repair, alteration, and improvement of archives facilities,
    and to provide adequate storage for holdings, $13,708,000, to remain
    available until expended, of which $500,000 is for the Military
    Personnel Records Center requirements study, of which $2,250,000 is for
    land acquisition for a site in Anchorage, Alaska, to construct a new
    regional archives and records facility and of which $5,000,000 is for
    the repair and restoration of the plaza that surrounds the Lyndon
    Baines Johnson Presidential Library and that is under the joint control
    and custody of the University of Texas: Provided, That such funds may
    be transferred directly to the University and used, together with
    University funds, for repair and restoration of the plaza and remain
    available until expended for this purpose: Provided further, That the
    same transfer authority shall extend to funds previously appropriated
    in Public Law 108-7 for this purpose.

            National Historical Publications and Records Commission

                                  grants program

        For necessary expenses for allocations and grants for historical
    publications and records as authorized by 44 U.S.C. 2504, as amended,
    $10,000,000, to remain available until expended.

                          Office of Government Ethics

                              salaries and expenses

        For necessary expenses to carry out functions of the Office of
    Government Ethics pursuant to the Ethics in Government Act of 1978, as
    amended and the Ethics Reform Act of 1989, including services as
    authorized by 5 U.S.C. 3109, rental of conference rooms in the District
    of Columbia and elsewhere, hire of passenger motor vehicles, and not to
    exceed $1,500 for official reception and representation expenses,
    $10,738,000.

                         Office of Personnel Management

                              salaries and expenses

                       (including transfer of trust funds)

        For necessary expenses to carry out functions of the Office of
    Personnel Management pursuant to Reorganization Plan Numbered 2 of 1978
    and the Civil Service Reform Act of 1978, including services as
    authorized by 5 U.S.C. 3109; medical examinations performed for
    veterans by private physicians on a fee basis; rental of conference
    rooms in the District of Columbia and elsewhere; hire of passenger
    motor vehicles; not to exceed $2,500 for official reception and
    representation expenses; advances for reimbursements to applicable
    funds of the Office of Personnel Management and the Federal Bureau of
    Investigation for expenses incurred under Executive Order No. 10422 of
    January 9, 1953, as amended; and payment of per diem and/or subsistence
    allowances to employees where Voting Rights Act activities require an
    employee to remain overnight at his or her post of duty, $119,498,000,
    of which $2,000,000 shall remain available until expended for the cost
    of the enterprise human resources integration project, and $2,500,000
    shall remain available until expended for the cost of leading the
    Government-wide initiative to modernize the Federal payroll systems and
    service delivery and $2,500,000 shall remain available through
    September 30, 2005, to coordinate and conduct program evaluation and
    performance measurement; and in addition $135,914,000 for
    administrative expenses, to be transferred from the appropriate trust
    funds of the Office of Personnel Management without regard to other
    statutes, including direct procurement of printed materials, for the
    retirement and insurance programs, of which $36,700,000 shall remain
    available until expended for the cost of automating the retirement
    recordkeeping systems: Provided, That the provisions of this
    appropriation shall not affect the authority to use applicable trust
    funds as provided by sections 8348(a)(1)(B), 8909(g), and 9004(f)(1)(A)
    and (2)(A) of title 5, United States Code: Provided further, That no
    part of this appropriation shall be available for salaries and expenses
    of the Legal Examining Unit of the Office of Personnel Management
    established pursuant to Executive Order No. 9358 of July 1, 1943, or
    any successor unit of like purpose: Provided further, That the
    President's Commission on White House Fellows, established by Executive
    Order No. 11183 of October 3, 1964, may, during fiscal year 2004,
    accept donations of money, property, and personal services in
    connection with the development of a publicity brochure to provide
    information about the White House Fellows, except that no such
    donations shall be accepted for travel or reimbursement of travel
    expenses, or for the salaries of employees of such Commission.

                           office of inspector general

                              salaries and expenses

                       (including transfer of trust funds)

        For necessary expenses of the Office of Inspector General in
    carrying out the provisions of the Inspector General Act, as amended,
    including services as authorized by 5 U.S.C. 3109, hire of passenger
    motor vehicles, $1,498,000, and in addition, not to exceed $14,427,000
    for administrative expenses to audit, investigate, and provide other
    oversight of the Office of Personnel Management's retirement and
    insurance programs, to be transferred from the appropriate trust funds
    of the Office of Personnel Management, as determined by the Inspector
    General: Provided, That the Inspector General is authorized to rent
    conference rooms in the District of Columbia and elsewhere.

           government payment for annuitants, employees health benefits

        For payment of Government contributions with respect to retired
    employees, as authorized by chapter 89 of title 5, United States Code,
    and the Retired Federal Employees Health Benefits Act (74 Stat. 849),
    as amended, such sums as may be necessary.

            government payment for annuitants, employee life insurance

        For payment of Government contributions with respect to employees
    retiring after December 31, 1989, as required by chapter 87 of title 5,
    United States Code, such sums as may be necessary.

             payment to civil service retirement and disability fund

        For financing the unfunded liability of new and increased annuity
    benefits becoming effective on or after October 20, 1969, as authorized
    by 5 U.S.C. 8348, and annuities under special Acts to be credited to
    the Civil Service Retirement and Disability Fund, such sums as may be
    necessary: Provided, That annuities authorized by the Act of May 29,
    1944, as amended, and the Act of August 19, 1950, as amended (33 U.S.C.
    771-775), may hereafter be paid out of the Civil Service Retirement and
    Disability Fund.

                          Human Capital Performance Fund

                          (including transfer of funds)

        For a human capital performance fund, $1,000,000: Provided, That
    such amount shall not be available for obligation or transfer until
    enactment of legislation that establishes a human capital performance
    fund within the Office of Personnel Management: Provided further, That
    such amounts as determined by the Director of the Office of Personnel
    Management may be transferred to Federal agencies to carry out the
    purposes of this fund as authorized: Provided further, That no funds
    shall be available for obligation or transfer to any Federal agency
    until the Director has notified the relevant subcommittees of
    jurisdiction of the Committees on Appropriations of the approval of a
    performance pay plan for that agency, and the prior approval of such
    subcommittees has been attained.

                           Office of Special Counsel

                              salaries and expenses

        For necessary expenses to carry out functions of the Office of
    Special Counsel pursuant to Reorganization Plan Numbered 2 of 1978, the
    Civil Service Reform Act of 1978 (Public Law 95-454), as amended, the
    Whistleblower Protection Act of 1989 (Public Law 101-12), as amended,
    Public Law 103-424, and the Uniformed Services Employment and
    Reemployment Act of 1994 (Public Law 103-353), including services as
    authorized by 5 U.S.C. 3109, payment of fees and expenses for
    witnesses, rental of conference rooms in the District of Columbia and
    elsewhere, and hire of passenger motor vehicles; $13,504,000.

                          United States Postal Service

                        Payment to the Postal Service Fund

        For payment to the Postal Service Fund for revenue forgone on free
    and reduced rate mail, pursuant to subsections (c) and (d) of section
    2401 of title 39, United States Code, $65,521,000, of which $36,521,000
    shall not be available for obligation until October 1, 2004: Provided,
    That mail for overseas voting and mail for the blind shall continue to
    be free: Provided further, That 6-day delivery and rural delivery of
    mail shall continue at not less than the 1983 level: Provided further,
    That none of the funds made available to the Postal Service by this Act
    shall be used to implement any rule, regulation, or policy of charging
    any officer or employee of any State or local child support enforcement
    agency, or any individual participating in a State or local program of
    child support enforcement, a fee for information requested or provided
    concerning an address of a postal customer: Provided further, That none
    of the funds provided in this Act shall be used to consolidate or close
    small rural and other small post offices in fiscal year 2004.

                            United States Tax Court

                              Salaries and Expenses

        For necessary expenses, including contract reporting and other
    services as authorized by 5 U.S.C. 3109, $40,187,000: Provided, That
    travel expenses of the judges shall be paid upon the written
    certificate of the judge.

          White House Commission on the National Moment of Remembrance

        For necessary expenses of the White House Commission on the
    National Moment of Remembrance, $250,000.

                          TITLE V--GENERAL PROVISIONS

                                    This Act

                          (including transfers of funds)

        Sec. 501. During the current fiscal year applicable appropriations
    to the Department of Transportation shall be available for maintenance
    and operation of aircraft; hire of passenger motor vehicles and
    aircraft; purchase of liability insurance for motor vehicles operating
    in foreign countries on official department business; and uniforms, or
    allowances therefor, as authorized by law (5 U.S.C. 5901-5902).
        Sec. 502. Such sums as may be necessary for fiscal year 2004 pay
    raises for programs funded in this Act shall be absorbed within the
    levels appropriated in this Act or previous appropriations Acts.
        Sec. 503. Appropriations contained in this Act for the Department
    of Transportation shall be available for services as authorized by 5
    U.S.C. 3109, but at rates for individuals not to exceed the per diem
    rate equivalent to the rate for an Executive Level IV.
        Sec. 504. None of the funds in this Act shall be available for
    salaries and expenses of more than 106 political and Presidential
    appointees in the Department of Transportation: Provided, That none of
    the personnel covered by this provision may be assigned on temporary
    detail outside the Department of Transportation.
        Sec. 505. None of the funds in this Act shall be used for the
    planning or execution of any program to pay the expenses of, or
    otherwise compensate, non-Federal parties intervening in regulatory or
    adjudicatory proceedings funded in this Act.
        Sec. 506. None of the funds appropriated in this Act shall remain
    available for obligation beyond the current fiscal year, nor may any be
    transferred to other appropriations, unless expressly so provided
    herein.
        Sec. 507. The expenditure of any appropriation under this Act for
    any consulting service through procurement contract pursuant to section
    3109 of title 5, United States Code, shall be limited to those
    contracts where such expenditures are a matter of public record and
    available for public inspection, except where otherwise provided under
    existing law, or under existing Executive order issued pursuant to
    existing law.
        Sec. 508. None of the funds in this Act shall be used to implement
    section 404 of title 23, United States Code.
        Sec. 509. (a) No recipient of funds made available in this Act
    shall disseminate personal information (as defined in 18 U.S.C.
    2725(3)) obtained by a State department of motor vehicles in connection
    with a motor vehicle record as defined in 18 U.S.C. 2725(1), except as
    provided in 18 U.S.C. 2721 for a use permitted under 18 U.S.C. 2721.
        (b) Notwithstanding subsection (a), the Secretary shall not
    withhold funds provided in this Act for any grantee if a State is in
    noncompliance with this provision.
        Sec. 510. Funds received by the Federal Highway Administration,
    Federal Transit Administration, and Federal Railroad Administration
    from States, counties, municipalities, other public authorities, and
    private sources for expenses incurred for training may be credited
    respectively to the Federal Highway Administration's ``Federal-Aid
    Highways'' account, the Federal Transit Administration's ``Transit
    Planning and Research'' account, and to the Federal Railroad
    Administration's ``Safety and Operations'' account, except for State
    rail safety inspectors participating in training pursuant to 49 U.S.C.
    20105.
        Sec. 511. Notwithstanding any other provision of law, rule or
    regulation, the Secretary of Transportation is authorized to allow the
    issuer of any preferred stock heretofore sold to the Department to
    redeem or repurchase such stock upon the payment to the Department of
    an amount determined by the Secretary.
        Sec. 512. None of the funds in title I of this Act may be used to
    make a grant unless the Secretary of Transportation notifies the House
    and Senate Committees on Appropriations not less than 3 full business
    days before any discretionary grant award, letter of intent, or full
    funding grant agreement totaling $1,000,000 or more is announced by the
    department or its modal administrations from: (1) any discretionary
    grant program of the Federal Highway Administration other than the
    emergency relief program; (2) the airport improvement program of the
    Federal Aviation Administration; or (3) any program of the Federal
    Transit Administration other than the formula grants and fixed guideway
    modernization programs: Provided, That no notification shall involve
    funds that are not available for obligation.
        Sec. 513. For the purpose of any applicable law, for fiscal year
    2004, the City of Norman, Oklahoma, shall be considered to be part of
    the Oklahoma City Transportation Management Area.
        Sec. 514. None of the funds in title I of this Act may be obligated
    for the Office of the Secretary of Transportation to approve
    assessments or reimbursable agreements pertaining to funds appropriated
    to the modal administrations in this Act, except for activities
    underway on the date of enactment of this Act, unless such assessments
    or agreements have completed the normal reprogramming process for
    Congressional notification.
        Sec. 515. 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 appropriations Act.
        Sec. 516. Rebates, refunds, incentive payments, minor fees and
    other funds received by the Department of Transportation from travel
    management centers, charge card programs, the subleasing of building
    space, and miscellaneous sources are to be credited to appropriations
    of the Department of Transportation and allocated to elements of the
    Department of Transportation using fair and equitable criteria and such
    funds shall be available until expended.
        Sec. 517. Funds provided in this Act for the Working Capital Fund
    shall be reduced by $17,816,000, which limits fiscal year 2004 Working
    Capital Fund obligational authority for elements of the Department of
    Transportation funded in this Act to no more than $98,899,000:
    Provided, That such reductions from the budget request shall be
    allocated by the Department of Transportation to each appropriations
    account in proportion to the amount included in each account for the
    Working Capital Fund.
        Sec. 518. Amounts made available in this or any other Act that the
    Secretary determines represent improper payments by the Department of
    Transportation to a third party contractor under a financial assistance
    award, which are recovered pursuant to law, shall be available--
            (1) to reimburse the actual expenses incurred by the Department
        of Transportation in recovering improper payments; and
            (2) to pay contractors for services provided in recovering
        improper payments: Provided, That amounts in excess of that
        required for paragraphs (1) and (2)--
                (A) shall be credited to and merged with the appropriation
            from which the improper payments were made, and shall be
            available for the purposes and period for which such
            appropriations are available; or
                (B) if no such appropriation remains available, shall be
            deposited in the Treasury as miscellaneous receipts: Provided,
            That prior to the transfer of any such recovery to an
            appropriations account, the Secretary shall notify the House
            and Senate Committees on Appropriations of the amount and
            reasons for such transfer: Provided further, That for purposes
            of this section, the term ``improper payments'', has the same
            meaning as that provided in section 2(d)(2) of Public Law 107-
            300.
        Sec. 519. The Secretary of Transportation is authorized to transfer
    the unexpended balances available for the bonding assistance program
    from ``Office of the Secretary, Salaries and expenses'' to ``Minority
    Business Outreach''.
        Sec. 520. None of the funds made available by this Act shall be
    available for any activity or for paying the salary of any Government
    employee where funding an activity or paying a salary to a Government
    employee would result in a decision, determination, rule, regulation,
    or policy that would prohibit the enforcement of section 307 of the
    Tariff Act of 1930.
        Sec. 521. (a) In General.--The Secretary of Transportation--
            (1) shall, without regard to any fiscal year limitation,
        maintain in full force and effect the restrictions imposed under
        Federal Aviation Administration Notices to Airmen FDC 3/2122, FDC
        3/2123, and FDC 2/0199; and
            (2) may not grant any waivers or exemptions from such
        restrictions, except--
                (A) as authorized by air traffic control for operational or
            safety purposes;
                (B) with respect to an event, stadium, or other venue--
                    (i) for operational purposes;
                    (ii) for the transport of team members, officials of
                the governing body, and immediate family members and guests
                of such team members and officials to and from such event,
                stadium, or venue;
                    (iii) in the case of a sporting event, for the
                transport of equipment or parts to and from such sporting
                event;
                    (iv) to permit a broadcast rights holder to provide
                broadcast coverage of such event, stadium, or venue; and
                    (v) for safety and security purposes related to such
                event, stadium, or venue; and
                (C) to allow the operation of an aircraft in restricted
            airspace to the extent necessary to arrive at or depart from an
            airport using standard air traffic control procedures.
        (b) Limitations on Use of Funds.--None of the funds appropriated or
    otherwise made available by title I of this Act may be obligated or
    expended to terminate or limit the restrictions imposed under the
    Federal Aviation Administration Notices to Airmen referred to in
    subsection (a), or to grant waivers of, or exemptions from, such
    restrictions except as provided under subsection (a)(2).
        (c) Broadcast Contracts not Affected.--Nothing in this section
    shall be construed to affect contractual rights pertaining to any
    broadcasting agreement.
        Sec. 522. No part of any appropriation contained in this Act shall
    be available to pay the salary for any person filling a position, other
    than a temporary position, formerly held by an employee who has left to
    enter the Armed Forces of the United States and has satisfactorily
    completed his period of active military or naval service, and has
    within 90 days after his release from such service or from
    hospitalization continuing after discharge for a period of not more
    than 1 year, made application for restoration to his former position
    and has been certified by the Office of Personnel Management as still
    qualified to perform the duties of his former position and has not been
    restored thereto.
        Sec. 523. No funds appropriated pursuant to this Act may be
    expended by an entity unless the entity agrees that in expending the
    assistance the entity will comply with sections 2 through 4 of the Act
    of March 3, 1933 (41 U.S.C. 10a-10c, popularly known as the ``Buy
    America Act'').
        Sec. 524. (a) Purchase of American-Made Equipment and Products.--
    Hereafter, in the case of any equipment or products that may be
    authorized to be purchased with financial assistance provided under
    this Act, it is the sense of the Congress that entities receiving such
    assistance should, in expending the assistance, purchase only American-
    made equipment and products.
        (b) Notice to Recipients of Assistance.--In providing financial
    assistance under this Act, the Secretary of the Treasury shall provide
    to each recipient of the assistance a notice describing the statement
    made in subsection (a) by the Congress.
        Sec. 525. Hereafter, 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, such person shall be ineligible to
    receive any contract or subcontract made with funds provided pursuant
    to 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. 526. Except as otherwise specifically provided by law, not to
    exceed 50 percent of unobligated balances remaining available at the
    end of fiscal year 2004 from appropriations made available for salaries
    and expenses for fiscal year 2004 in this Act, shall remain available
    through September 30, 2005, for each such account for the purposes
    authorized: Provided, That a request shall be submitted to the
    Committees on Appropriations for approval prior to the expenditure of
    such funds: Provided further, That these requests shall be made in
    compliance with reprogramming guidelines.
        Sec. 527. None of the funds made available in this Act may be used
    by the Executive Office of the President to request from the Federal
    Bureau of Investigation any official background investigation report on
    any individual, except when--
            (1) such individual has given his or her express written
        consent for such request not more than 6 months prior to the date
        of such request and during the same presidential administration; or
            (2) such request is required due to extraordinary circumstances
        involving national security.
        Sec. 528. The cost accounting standards promulgated under section
    26 of the Office of Federal Procurement Policy Act (Public Law 93-400;
    41 U.S.C. 422) shall not apply with respect to a contract under the
    Federal Employees Health Benefits Program established under chapter 89
    of title 5, United States Code.
        Sec. 529. For the purpose of resolving litigation and implementing
    any settlement agreements regarding the nonforeign area cost-of-living
    allowance program, the Office of Personnel Management may accept and
    utilize (without regard to any restriction on unanticipated travel
    expenses imposed in an Appropriations Act) funds made available to the
    Office pursuant to court approval.
        Sec. 530. No funds appropriated or otherwise made available under
    this Act shall be made available to any person or entity that has been
    convicted of violating the Buy American Act (41 U.S.C. 10a-10c).
        Sec. 531. No funds appropriated by this Act shall be available to
    pay for an abortion, or the administrative expenses in connection with
    any health plan under the Federal employees health benefits program
    which provides any benefits or coverage for abortions.
        Sec. 532. The provision of section 531 shall not apply where the
    life of the mother would be endangered if the fetus were carried to
    term, or the pregnancy is the result of an act of rape or incest.
        Sec. 533. None of the funds provided in this Act, provided by
    previous appropriations Acts to the agencies or entities funded in this
    Act that remain available for obligation or expenditure in fiscal year
    2004, or provided from any accounts in the Treasury derived by the
    collection of fees and available to the agencies funded by this Act,
    shall be available for obligation or expenditure through a
    reprogramming of funds that--
            (1) creates a new program;
            (2) eliminates a program, project, or activity;
            (3) increases funds for any program, project, or activity for
        which funds have been denied or restricted by the Congress;
            (4) proposes to use funds directed for a specific activity by
        either the House or Senate Committees on Appropriations for a
        different purpose;
            (5) augments existing programs, projects, or activities in
        excess of $5,000,000 or 10 percent, whichever is greater; or
            (6) reduces existing programs, projects, or activities by
        $5,000,000 or 10 percent, whichever is greater,
    unless prior approval is received from the House and Senate Committees
    on Appropriations.
        Sec. 534. None of the funds made available in this Act may be used
    to require a State or local government to post a traffic control device
    or variable message sign, or any other type of traffic warning sign, in
    a language other than English, except with respect to the names of
    cities, streets, places, events, or signs related to an international
    border.
        Sec. 535. Exemption From Limitations on Procurement of Foreign
    Information Technology That Is a Commercial Item. (a) Exemption.--In
    order to promote Government access to commercial information
    technology, the restriction on purchasing nondomestic articles,
    materials, and supplies set forth in the Buy American Act (41 U.S.C.
    10a et seq.), shall not apply to the acquisition by the Federal
    Government of information technology (as defined in section 11101 of
    title 40, United States Code, that is a commercial item (as defined in
    section 4(12) of the Office of Federal Procurement Policy Act (41
    U.S.C. 403(12)).
        (b) Definition.--Section 11101(6) of title 40, United States Code,
    is amended--
            (1) in subparagraph (A), by inserting after ``storage,'' the
        following: ``analysis, evaluation,''; and
            (2) in subparagraph (B), by striking ``ancillary equipment,''
        and inserting ``ancillary equipment (including imaging peripherals,
        input, output, and storage devices necessary for security and
        surveillance), peripheral equipment designed to be controlled by
        the central processing unit of a computer,''.
        Sec. 536. It is the sense of the House of Representatives that
    empowerment zones within cities should have the necessary flexibility
    to expand to include relevant communities so that empowerment zone
    benefits are equitably distributed.
        Sec. 537. It is the sense of the House of Representatives that all
    census tracts contained in an empowerment zone, either fully or
    partially, should be equitably accorded the same benefits.
        Sec. 538. None of the funds made available in this Act may be used
    to finalize, implement, administer, or enforce--
            (1) the proposed rule relating to the determination that real
        estate brokerage is an activity that is financial in nature or
        incidental to a financial activity published in the Federal
        Register on January 3, 2001 (66 Fed. Reg. 307 et seq.); or
            (2) the revision proposed in such rule to section 1501.2 of
        title 12, Code of Federal Regulations.
        Sec. 539. It is the sense of Congress that, after proper
    documentation, justification, and review, the Department of
    Transportation should consider programs to reimburse general aviation
    ground support services at Ronald Reagan Washington National Airport,
    and airports located within fifteen miles of Ronald Reagan Washington
    National Airport, for their financial losses due to Government actions
    after the terrorist attacks of September 11, 2001.
        Sec. 540. It is the sense of the House of Representatives that
    public private partnerships (PPPs) could help eliminate some of the
    cost drivers behind complex, capital-intensive highway and transit
    projects. The House of Representatives encourages the Secretary of
    Transportation to apply available funds to select projects that are in
    the development phase, eligible under title 23 and title 49, United
    States Code, except 23 U.S.C. 133(b)(8), and that employ a PPP
    strategy.
        Sec. 541. Section 414(h) of title 39, United States Code, is
    amended by striking ``2003'' and inserting ``2005''.
        Sec. 542. None of the funds in title I of this Act may be used to
    adopt rules or regulations concerning travel agent service fees unless
    the Department of Transportation publishes in the Federal Register
    revisions to the proposed rule and provides a period for additional
    public comment on such proposed rule for a period not less than 60
    days.
        Sec. 543. (a) Section 103 of the Presidential Recordings and
    Materials Preservation Act (Public Law 93-526; 44 U.S.C. 2111 note) is
    amended by striking the second sentence and inserting the following:
    ``The Archivist may transfer such recordings and materials to a
    Presidential archival depository in accordance with section 2112 of
    title 44, United States Code.''.
        (b) Nothing in section 103 of the Presidential Recordings and
    Materials Preservation Act (Public Law 93-526; 44 U.S.C. 2111 note), as
    amended by subsection (a), may be construed as affecting public access
    to the recordings and materials referred to in that section as provided
    in regulations promulgated pursuant to section 104 of such Act.
        Sec. 544. Amendments to Oklahoma City National Memorial Act of
    1997. (a) Short Title.--This section may be cited as the ``Oklahoma
    City National Memorial Act Amendments of 2003''.
        (b) Foundation Defined; Conforming Amendment.--Section 3 of the
    Oklahoma City National Memorial Act of 1997 (16 U.S.C. 450ss-1) is
    amended--
            (1) by redesignating paragraphs (1), (2), and (3) as paragraphs
        (2), (3), and (4), respectively;
            (2) by inserting immediately preceding paragraph (2) (as so
        redesignated by paragraph (1) of this subsection) the following new
        paragraph:
            ``(1) Foundation.--The term `Foundation' means the Oklahoma
        City National Memorial Foundation, a not-for-profit corporation
        that is--
                ``(A) described in section 501(c)(3) of the Internal
            Revenue Code of 1986;
                ``(B) exempt from taxation under section 501(a) of such
            Code; and
                ``(C) dedicated to the support of the Memorial.''; and
            (3) in paragraph (3), by striking ``designated under section
        5(a)''.
        (c) Administration of Memorial by Foundation.--Section 4 of the
    Oklahoma City National Memorial Act of 1997 (16 U.S.C. 450ss-2) is
    amended--
            (1) in subsection (a)--
                (A) by striking ``a unit'' and inserting ``an affiliate'';
            and
                (B) by striking the second sentence;
            (2) by redesignating subsection (b) as subsection (c);
            (3) by inserting after subsection (a) the following new
        subsection:
        ``(b) Administration of Memorial.--The Foundation shall administer
    the Memorial in accordance with this Act and the general objectives of
    the `Memorial Mission Statement', adopted March 26, 1996, by the
    Foundation.''; and
            (4) in subsection (c) (as so redesignated by paragraph (2) of
        this subsection) by striking ``1997 (hereafter'' and all that
        follows through the final period and inserting ``1997. The map
        shall be on file and available for public inspection in the
        appropriate office of the Foundation.''.
        (d) Transfer of Memorial Property, Rights, Authorities, and
    Duties.--Section 5 of the Oklahoma City National Memorial Act of 1997
    (16 U.S.C. 450ss-3) is amended to read as follows:

    ``SEC. 5. TRANSFER OF MEMORIAL PROPERTY, RIGHTS, AUTHORITIES, AND
                  DUTIES.

        ``(a) Transfer of Memorial Property.--
            ``(1) In general.--Not later than 90 days after the date of the
        enactment of the Oklahoma City National Memorial Act Amendments of
        2003, the Trust shall transfer to the Foundation--
                ``(A) all assets of the Trust, including all real and
            personal property of the Memorial, any appurtenances,
            buildings, facilities, monuments, contents, artifacts,
            contracts and contract rights, accounts, deposits, intangibles,
            trademarks, trade names, copyrights, all other intellectual
            property, all other real and personal property of every kind
            and character comprising the Memorial, and any amounts
            appropriated for the Trust;
                ``(B) any property owned by the Trust that is adjacent or
            related to the Memorial; and
                ``(C) all property maintained for the Memorial, together
            with all rights, authorities, and duties relating to the
            ownership, administration, operation, and management of the
            Memorial.
            ``(2) Subsequent gifts.--Any artifact, memorial, or other
        personal property that is received by, or is intended by any person
        to be given to, the Trust after the date of transfer of property
        under paragraph (1) shall be the property of the Foundation.
        ``(b) Assumption of Trust Obligations.--Any obligations of the
    Trust relating to the Memorial that have been approved by the Trust
    before the date on which the property is transferred under subsection
    (a) shall become the responsibility of the Foundation on the date of
    the transfer.
        ``(c) Dissolution of Trust.--Not later than 30 days after the
    transfer under subsection (a) is completed--
            ``(1) the Trust shall be dissolved; and
            ``(2) the Trust shall notify the Secretary of the date of
        dissolution.
        ``(d) Authority to Enter Into Agreements.--The Secretary, acting
    through the National Park Service, is authorized to enter into 1 or
    more cooperative agreements with the Foundation for the National Park
    Service to provide interpretive services related to the Memorial and
    such other assistance as may be agreed upon between the Secretary and
    the Foundation. The costs of the services and other agreed assistance
    shall be paid by the Secretary.
        ``(e) General Services Administration Authority.--The Administrator
    of General Services shall provide, on a non-reimbursable basis,
    services necessary for the facilitation of the transfer of the Memorial
    to the Foundation.
        ``(f) Limitation.--Nothing in this Act shall prohibit the use of
    State and local law enforcement for the purposes of security related to
    the Memorial.''.
        (e) Repeal of Duties and Authorities of Trust.--
            (1) In general.--Section 6 of the Oklahoma City National
        Memorial Act of 1997 (16 U.S.C. 450ss-4) is repealed.
            (2) Effective date.--The repeal under this subsection shall
        take effect upon the transfer of the Memorial property, rights,
        authorities, and duties pursuant to the amendments made by
        subsection (d).
        (f) Authorization of Appropriations.--Section 7 of the Oklahoma
    City National Memorial Act of 1997 (16 U.S.C. 450ss-5) is amended--
            (1) in paragraph (1), by inserting ``for an endowment fund
        subject to paragraph (2)'' after ``the sum of $5,000,000''; and
            (2) in paragraph (2)--
                (A) by striking ``Trust or to the Oklahoma City Memorial'';
            and
                (B) by striking ``or operation'' and inserting ``operation,
            or endowment''.
        (g) Authorization of Secretary to Reimburse Previous Costs Paid by
    Foundation or Trust.--To the extent that funds are made available for
    the Trust, the Secretary of the Interior shall reimburse the Oklahoma
    City National Memorial Foundation for funds obligated or expended by
    the Oklahoma City National Memorial Foundation or the Oklahoma City
    National Memorial Trust to the Secretary of the Interior for
    interpretive services, security, and other costs and services related
    to the Oklahoma City National Memorial before the date of the enactment
    of this Act. The Oklahoma City National Memorial Foundation may use
    such reimbursed funds for the operation, maintenance, and permanent
    endowment of the Oklahoma City National Memorial.
        (h) Repeal of Disposition of Site of Alfred P. Murrah Federal
    Building.--Section 8 of the Oklahoma City National Memorial Act of 1997
    (16 U.S.C. 450ss-6) is repealed.
        (i) Repeal of Study Requirement.--Section 9 of the Oklahoma City
    National Memorial Act of 1997 (16 U.S.C. 450ss-7) is repealed.
        Sec. 545. Notwithstanding any other provision of law, the
    unobligated balance of funds made available to the District of Columbia
    under item 70 in the table contained in section 1106(b)(2) of the
    Intermodal Surface Transportation Efficiency Act of 1991 (Public Law
    102-240; 105 Stat. 2047) and the unobligated balance of funds made
    available to the District of Columbia under item 554 of the table
    contained in section 1602 of the Transportation Equity Act for the 21st
    Century (Public Law 105-178, as amended; 112 Stat. 277) shall be made
    available to carry out a project for the replacement of the existing
    bridge on Kenilworth Avenue over Nannie Helen Burroughs Avenue and for
    a ferry and ferry facility project on the Anacostia River.
        Sec. 546. Section 345(6), division I, of Public Law 108-7 is
    amended by adding at the end of the section the following ``In
    implementing section 345(6) the Secretary may also modify the permitted
    uses of draws on the lines of credit to include any repair and
    replacement costs.''.
        Sec. 547. Notwithstanding any other provision of law, projects and
    activities described in the statement of managers accompanying this Act
    under the headings ``Federal-Aid Highways'' and ``Federal Transit
    Administration'' shall be eligible for fiscal year 2004 funds made
    available for the program for which each project or activity is so
    designated and projects and activities under the heading ``Job Access
    and Reverse Commute Grants'' shall be awarded those grants upon receipt
    of an application.

                          TITLE VI--GENERAL PROVISIONS

                    Departments, Agencies, and Corporations

        Sec. 601. Funds appropriated in this or any other Act may be used
    to pay travel to the United States for the immediate family of
    employees serving abroad in cases of death or life threatening illness
    of said employee.
        Sec. 602. No department, agency, or instrumentality of the United
    States receiving appropriated funds under this or any other Act for
    fiscal year 2004 shall obligate or expend any such funds, unless such
    department, agency, or instrumentality has in place, and will continue
    to administer in good faith, a written policy designed to ensure that
    all of its workplaces are free from the illegal use, possession, or
    distribution of controlled substances (as defined in the Controlled
    Substances Act) by the officers and employees of such department,
    agency, or instrumentality.
        Sec. 603. Unless otherwise specifically provided, the maximum
    amount allowable during the current fiscal year in accordance with
    section 16 of the Act of August 2, 1946 (60 Stat. 810), for the
    purchase of any passenger motor vehicle (exclusive of buses,
    ambulances, law enforcement, and undercover surveillance vehicles), is
    hereby fixed at $8,100 except station wagons for which the maximum
    shall be $9,100: Provided, That these limits may be exceeded by not to
    exceed $3,700 for police-type vehicles, and by not to exceed $4,000 for
    special heavy-duty vehicles: Provided further, That the limits set
    forth in this section may not be exceeded by more than 5 percent for
    electric or hybrid vehicles purchased for demonstration under the
    provisions of the Electric and Hybrid Vehicle Research, Development,
    and Demonstration Act of 1976: Provided further, That the limits set
    forth in this section may be exceeded by the incremental cost of clean
    alternative fuels vehicles acquired pursuant to Public Law 101-549 over
    the cost of comparable conventionally fueled vehicles.
        Sec. 604. Appropriations of the executive departments and
    independent establishments for the current fiscal year available for
    expenses of travel, or for the expenses of the activity concerned, are
    hereby made available for quarters allowances and cost-of-living
    allowances, in accordance with 5 U.S.C. 5922-5924.
        Sec. 605. Unless otherwise specified during the current fiscal
    year, no part of any appropriation contained in this or any other Act
    shall be used to pay the compensation of any officer or employee of the
    Government of the United States (including any agency the majority of
    the stock of which is owned by the Government of the United States)
    whose post of duty is in the continental United States unless such
    person: (1) is a citizen of the United States; (2) is a person in the
    service of the United States on the date of the enactment of this Act
    who, being eligible for citizenship, has filed a declaration of
    intention to become a citizen of the United States prior to such date
    and is actually residing in the United States; (3) is a person who owes
    allegiance to the United States; (4) is an alien from Cuba, Poland,
    South Vietnam, the countries of the former Soviet Union, or the Baltic
    countries lawfully admitted to the United States for permanent
    residence; (5) is a South Vietnamese, Cambodian, or Laotian refugee
    paroled in the United States after January 1, 1975; or (6) is a
    national of the People's Republic of China who qualifies for adjustment
    of status pursuant to the Chinese Student Protection Act of 1992:
    Provided, That for the purpose of this section, an affidavit signed by
    any such person shall be considered prima facie evidence that the
    requirements of this section with respect to his or her status have
    been complied with: Provided further, That any person making a false
    affidavit shall be guilty of a felony, and, upon conviction, shall be
    fined no more than $4,000 or imprisoned for not more than 1 year, or
    both: Provided further, That the above penal clause shall be in
    addition to, and not in substitution for, any other provisions of
    existing law: Provided further, That any payment made to any officer or
    employee contrary to the provisions of this section shall be
    recoverable in action by the Federal Government. This section shall not
    apply to citizens of Ireland, Israel, or the Republic of the
    Philippines, or to nationals of those countries allied with the United
    States in a current defense effort, or to international broadcasters
    employed by the United States Information Agency, or to temporary
    employment of translators, or to temporary employment in the field
    service (not to exceed 60 days) as a result of emergencies.
        Sec. 606. Appropriations available to any department or agency
    during the current fiscal year for necessary expenses, including
    maintenance or operating expenses, shall also be available for payment
    to the General Services Administration for charges for space and
    services and those expenses of renovation and alteration of buildings
    and facilities which constitute public improvements performed in
    accordance with the Public Buildings Act of 1959 (73 Stat. 749), the
    Public Buildings Amendments of 1972 (87 Stat. 216), or other applicable
    law.
        Sec. 607. In addition to funds provided in this or any other Act,
    all Federal agencies are authorized to receive and use funds resulting
    from the sale of materials, including Federal records disposed of
    pursuant to a records schedule recovered through recycling or waste
    prevention programs. Such funds shall be available until expended for
    the following purposes:
            (1) Acquisition, waste reduction and prevention, and recycling
        programs as described in Executive Order No. 13101 (September 14,
        1998), including any such programs adopted prior to the effective
        date of the Executive order.
            (2) Other Federal agency environmental management programs,
        including, but not limited to, the development and implementation
        of hazardous waste management and pollution prevention programs.
            (3) Other employee programs as authorized by law or as deemed
        appropriate by the head of the Federal agency.
        Sec. 608. Funds made available by this or any other Act for
    administrative expenses in the current fiscal year of the corporations
    and agencies subject to chapter 91 of title 31, United States Code,
    shall be available, in addition to objects for which such funds are
    otherwise available, for rent in the District of Columbia; services in
    accordance with 5 U.S.C. 3109; and the objects specified under this
    head, all the provisions of which shall be applicable to the
    expenditure of such funds unless otherwise specified in the Act by
    which they are made available: Provided, That in the event any
    functions budgeted as administrative expenses are subsequently
    transferred to or paid from other funds, the limitations on
    administrative expenses shall be correspondingly reduced.
        Sec. 609. No part of any appropriation for the current fiscal year
    contained in this or any other Act shall be paid to any person for the
    filling of any position for which he or she has been nominated after
    the Senate has voted not to approve the nomination of said person.
        Sec. 610. No part of any appropriation contained in this or any
    other Act shall be available for interagency financing of boards
    (except Federal Executive Boards), commissions, councils, committees,
    or similar groups (whether or not they are interagency entities) which
    do not have a prior and specific statutory approval to receive
    financial support from more than one agency or instrumentality.
        Sec. 611. Funds made available by this or any other Act to the
    Postal Service Fund (39 U.S.C. 2003) shall be available for employment
    of guards for all buildings and areas owned or occupied by the Postal
    Service and under the charge and control of the Postal Service, and
    such guards shall have, with respect to such property, the powers of
    special policemen provided by the first section of the Act of June 1,
    1948, as amended (62 Stat. 281; 40 U.S.C. 318), and, as to property
    owned or occupied by the Postal Service, the Postmaster General may
    take the same actions as the Administrator of General Services may take
    under the provisions of sections 2 and 3 of the Act of June 1, 1948, as
    amended (62 Stat. 281; 40 U.S.C. 318a and 318b), attaching thereto
    penal consequences under the authority and within the limits provided
    in section 4 of the Act of June 1, 1948, as amended (62 Stat. 281; 40
    U.S.C. 318c).
        Sec. 612. None of the funds made available pursuant to the
    provisions of this Act shall be used to implement, administer, or
    enforce any regulation which has been disapproved pursuant to a
    resolution of disapproval duly adopted in accordance with the
    applicable law of the United States.
        Sec. 613. (a) Notwithstanding any other provision of law, and
    except as otherwise provided in this section, no part of any of the
    funds appropriated for fiscal year 2004, by this or any other Act, may
    be used to pay any prevailing rate employee described in section
    5342(a)(2)(A) of title 5, United States Code--
            (1) during the period from the date of expiration of the
        limitation imposed by the comparable section for previous fiscal
        years until the normal effective date of the applicable wage survey
        adjustment that is to take effect in fiscal year 2004, in an amount
        that exceeds the rate payable for the applicable grade and step of
        the applicable wage schedule in accordance with such section; and
            (2) during the period consisting of the remainder of fiscal
        year 2004, in an amount that exceeds, as a result of a wage survey
        adjustment, the rate payable under paragraph (1) by more than the
        sum of--
                (A) the percentage adjustment taking effect in fiscal year
            2004 under section 5303 of title 5, United States Code, in the
            rates of pay under the General Schedule; and
                (B) the difference between the overall average percentage
            of the locality-based comparability payments taking effect in
            fiscal year 2004 under section 5304 of such title (whether by
            adjustment or otherwise), and the overall average percentage of
            such payments which was effective in the previous fiscal year
            under such section.
        (b) Notwithstanding any other provision of law, no prevailing rate
    employee described in subparagraph (B) or (C) of section 5342(a)(2) of
    title 5, United States Code, and no employee covered by section 5348 of
    such title, may be paid during the periods for which subsection (a) is
    in effect at a rate that exceeds the rates that would be payable under
    subsection (a) were subsection (a) applicable to such employee.
        (c) For the purposes of this section, the rates payable to an
    employee who is covered by this section and who is paid from a schedule
    not in existence on September 30, 2003, shall be determined under
    regulations prescribed by the Office of Personnel Management.
        (d) Notwithstanding any other provision of law, rates of premium
    pay for employees subject to this section may not be changed from the
    rates in effect on September 30, 2003, except to the extent determined
    by the Office of Personnel Management to be consistent with the purpose
    of this section.
        (e) This section shall apply with respect to pay for service
    performed after September 30, 2003.
        (f) For the purpose of administering any provision of law
    (including any rule or regulation that provides premium pay,
    retirement, life insurance, or any other employee benefit) that
    requires any deduction or contribution, or that imposes any requirement
    or limitation on the basis of a rate of salary or basic pay, the rate
    of salary or basic pay payable after the application of this section
    shall be treated as the rate of salary or basic pay.
        (g) Nothing in this section shall be considered to permit or
    require the payment to any employee covered by this section at a rate
    in excess of the rate that would be payable were this section not in
    effect.
        (h) The Office of Personnel Management may provide for exceptions
    to the limitations imposed by this section if the Office determines
    that such exceptions are necessary to ensure the recruitment or
    retention of qualified employees.
        Sec. 614. During the period in which the head of any department or
    agency, or any other officer or civilian employee of the Government
    appointed by the President of the United States, holds office, no funds
    may be obligated or expended in excess of $5,000 to furnish or
    redecorate the office of such department head, agency head, officer, or
    employee, or to purchase furniture or make improvements for any such
    office, unless advance notice of such furnishing or redecoration is
    expressly approved by the Committees on Appropriations. For the
    purposes of this section, the term ``office'' shall include the entire
    suite of offices assigned to the individual, as well as any other space
    used primarily by the individual or the use of which is directly
    controlled by the individual.
        Sec. 615. Notwithstanding section 1346 of title 31, United States
    Code, or section 610 of this Act, funds made available for the current
    fiscal year by this or any other Act shall be available for the
    interagency funding of national security and emergency preparedness
    telecommunications initiatives which benefit multiple Federal
    departments, agencies, or entities, as provided by Executive Order No.
    12472 (April 3, 1984).
        Sec. 616. (a) None of the funds appropriated by this or any other
    Act may be obligated or expended by any Federal department, agency, or
    other instrumentality for the salaries or expenses of any employee
    appointed to a position of a confidential or policy-determining
    character excepted from the competitive service pursuant to section
    3302 of title 5, United States Code, without a certification to the
    Office of Personnel Management from the head of the Federal department,
    agency, or other instrumentality employing the Schedule C appointee
    that the Schedule C position was not created solely or primarily in
    order to detail the employee to the White House.
        (b) The provisions of this section shall not apply to Federal
    employees or members of the armed services detailed to or from--
            (1) the Central Intelligence Agency;
            (2) the National Security Agency;
            (3) the Defense Intelligence Agency;
            (4) the offices within the Department of Defense for the
        collection of specialized national foreign intelligence through
        reconnaissance programs;
            (5) the Bureau of Intelligence and Research of the Department
        of State;
            (6) any agency, office, or unit of the Army, Navy, Air Force,
        and Marine Corps, the Department of Homeland Security, the Federal
        Bureau of Investigation and the Drug Enforcement Administration of
        the Department of Justice, the Department of Transportation, the
        Department of the Treasury, and the Department of Energy performing
        intelligence functions; and
            (7) the Director of Central Intelligence.
        Sec. 617. No department, agency, or instrumentality of the United
    States receiving appropriated funds under this or any other Act for the
    current fiscal year shall obligate or expend any such funds, unless
    such department, agency, or instrumentality has in place, and will
    continue to administer in good faith, a written policy designed to
    ensure that all of its workplaces are free from discrimination and
    sexual harassment and that all of its workplaces are not in violation
    of title VII of the Civil Rights Act of 1964, as amended, the Age
    Discrimination in Employment Act of 1967, and the Rehabilitation Act of
    1973.
        Sec. 618. No part of any appropriation contained in this or any
    other Act shall be available for the payment of the salary of any
    officer or employee of the Federal Government, who--
            (1) prohibits or prevents, or attempts or threatens to prohibit
        or prevent, any other officer or employee of the Federal Government
        from having any direct oral or written communication or contact
        with any Member, committee, or subcommittee of the Congress in
        connection with any matter pertaining to the employment of such
        other officer or employee or pertaining to the department or agency
        of such other officer or employee in any way, irrespective of
        whether such communication or contact is at the initiative of such
        other officer or employee or in response to the request or inquiry
        of such Member, committee, or subcommittee; or
            (2) removes, suspends from duty without pay, demotes, reduces
        in rank, seniority, status, pay, or performance of efficiency
        rating, denies promotion to, relocates, reassigns, transfers,
        disciplines, or discriminates in regard to any employment right,
        entitlement, or benefit, or any term or condition of employment of,
        any other officer or employee of the Federal Government, or
        attempts or threatens to commit any of the foregoing actions with
        respect to such other officer or employee, by reason of any
        communication or contact of such other officer or employee with any
        Member, committee, or subcommittee of the Congress as described in
        paragraph (1).
        Sec. 619. (a) None of the funds made available in this or any other
    Act may be obligated or expended for any employee training that--
            (1) does not meet identified needs for knowledge, skills, and
        abilities bearing directly upon the performance of official duties;
            (2) contains elements likely to induce high levels of emotional
        response or psychological stress in some participants;
            (3) does not require prior employee notification of the content
        and methods to be used in the training and written end of course
        evaluation;
            (4) contains any methods or content associated with religious
        or quasi-religious belief systems or ``new age'' belief systems as
        defined in Equal Employment Opportunity Commission Notice N-
        915.022, dated September 2, 1988; or
            (5) is offensive to, or designed to change, participants'
        personal values or lifestyle outside the workplace.
        (b) Nothing in this section shall prohibit, restrict, or otherwise
    preclude an agency from conducting training bearing directly upon the
    performance of official duties.
        Sec. 620. No funds appropriated in this or any other Act may be
    used to implement or enforce the agreements in Standard Forms 312 and
    4414 of the Government or any other nondisclosure policy, form, or
    agreement if such policy, form, or agreement does not contain the
    following provisions: ``These restrictions are consistent with and do
    not supersede, conflict with, or otherwise alter the employee
    obligations, rights, or liabilities created by Executive Order No.
    12958; section 7211 of title 5, United States Code (governing
    disclosures to Congress); section 1034 of title 10, United States Code,
    as amended by the Military Whistleblower Protection Act (governing
    disclosure to Congress by members of the military); section 2302(b)(8)
    of title 5, United States Code, as amended by the Whistleblower
    Protection Act (governing disclosures of illegality, waste, fraud,
    abuse or public health or safety threats); the Intelligence Identities
    Protection Act of 1982 (50 U.S.C. 421 et seq.) (governing disclosures
    that could expose confidential Government agents); and the statutes
    which protect against disclosure that may compromise the national
    security, including sections 641, 793, 794, 798, and 952 of title 18,
    United States Code, and section 4(b) of the Subversive Activities Act
    of 1950 (50 U.S.C. 783(b)). The definitions, requirements, obligations,
    rights, sanctions, and liabilities created by said Executive order and
    listed statutes are incorporated into this agreement and are
    controlling.'': Provided, That notwithstanding the preceding paragraph,
    a nondisclosure policy form or agreement that is to be executed by a
    person connected with the conduct of an intelligence or intelligence-
    related activity, other than an employee or officer of the United
    States Government, may contain provisions appropriate to the particular
    activity for which such document is to be used. Such form or agreement
    shall, at a minimum, require that the person will not disclose any
    classified information received in the course of such activity unless
    specifically authorized to do so by the United States Government. Such
    nondisclosure forms shall also make it clear that they do not bar
    disclosures to Congress or to an authorized official of an executive
    agency or the Department of Justice that are essential to reporting a
    substantial violation of law.
        Sec. 621. No part of any funds appropriated in this or any other
    Act shall be used by an agency of the executive branch, other than for
    normal and recognized executive-legislative relationships, for
    publicity or propaganda purposes, and for the preparation, distribution
    or use of any kit, pamphlet, booklet, publication, radio, television or
    film presentation designed to support or defeat legislation pending
    before the Congress, except in presentation to the Congress itself.
        Sec. 622. None of the funds appropriated by this or any other Act
    may be used by an agency to provide a Federal employee's home address
    to any labor organization except when the employee has authorized such
    disclosure or when such disclosure has been ordered by a court of
    competent jurisdiction.
        Sec. 623. None of the funds made available in this Act or any other
    Act may be used to provide any non-public information such as mailing
    or telephone lists to any person or any organization outside of the
    Federal Government without the approval of the Committees on
    Appropriations.
        Sec. 624. No part of any appropriation contained in this or any
    other Act shall be used for publicity or propaganda purposes within the
    United States not heretofore authorized by the Congress.
        Sec. 625. (a) In this section the term ``agency''--
            (1) means an executive agency as defined under section 105 of
        title 5, United States Code;
            (2) includes a military department as defined under section 102
        of such title, the Postal Service, and the Postal Rate Commission;
        and
            (3) shall not include the General Accounting Office.
        (b) Unless authorized in accordance with law or regulations to use
    such time for other purposes, an employee of an agency shall use
    official time in an honest effort to perform official duties. An
    employee not under a leave system, including a Presidential appointee
    exempted under section 6301(2) of title 5, United States Code, has an
    obligation to expend an honest effort and a reasonable proportion of
    such employee's time in the performance of official duties.
        Sec. 626. Notwithstanding 31 U.S.C. 1346 and section 610 of this
    Act, funds made available for the current fiscal year by this or any
    other Act to any department or agency, which is a member of the Joint
    Financial Management Improvement Program (JFMIP), shall be available to
    finance an appropriate share of JFMIP administrative costs, as
    determined by the JFMIP, but not to exceed a total of $800,000
    including the salary of the Executive Director and staff support.
        Sec. 627. Notwithstanding 31 U.S.C. 1346 and section 610 of this
    Act, the head of each executive department and agency is hereby
    authorized to transfer to or reimburse the ``Policy and Citizen
    Services'' account, General Services Administration, with the approval
    of the Director of the Office of Management and Budget, funds made
    available for the current fiscal year by this or any other Act,
    including rebates from charge card and other contracts. These funds
    shall be administered by the Administrator of General Services to
    support Government-wide financial, information technology, procurement,
    and other management innovations, initiatives, and activities, as
    approved by the Director of the Office of Management and Budget, in
    consultation with the appropriate interagency groups designated by the
    Director (including the Chief Financial Officers Council and the Joint
    Financial Management Improvement Program for financial management
    initiatives, the Chief Information Officers Council for information
    technology initiatives, and the Procurement Executives Council for
    procurement initiatives). The total funds transferred or reimbursed
    shall not exceed $17,000,000. Such transfers or reimbursements may only
    be made 15 days following notification of the Committees on
    Appropriations by the Director of the Office of Management and Budget.
        Sec. 628. None of the funds made available in this or any other Act
    may be used by the Office of Personnel Management or any other
    department or agency of the Federal Government to prohibit any agency
    from using appropriated funds as they see fit to independently contract
    with private companies to provide online employment applications and
    processing services.
        Sec. 629. Notwithstanding any other provision of law, a woman may
    breastfeed her child at any location in a Federal building or on
    Federal property, if the woman and her child are otherwise authorized
    to be present at the location.
        Sec. 630. Nothwithstanding section 1346 of title 31, United States
    Code, or section 610 of this Act, funds made available for the current
    fiscal year by this or any other Act shall be available for the
    interagency funding of specific projects, workshops, studies, and
    similar efforts to carry out the purposes of the National Science and
    Technology Council (authorized by Executive Order No. 12881), which
    benefit multiple Federal departments, agencies, or entities: Provided,
    That the Office of Management and Budget shall provide a report
    describing the budget of and resources connected with the National
    Science and Technology Council to the Committees on Appropriations, the
    House Committee on Science; and the Senate Committee on Commerce,
    Science, and Transportation 90 days after enactment of this Act.
        Sec. 631. Any request for proposals, solicitation, grant
    application, form, notification, press release, or other publications
    involving the distribution of Federal funds shall indicate the agency
    providing the funds, the Catalog of Federal Domestic Assistance Number,
    as applicable, and the amount provided. This provision shall apply to
    direct payments, formula funds, and grants received by a State
    receiving Federal funds.
        Sec. 632. Subsection (f) of section 403 of Public Law 103-356 (31
    U.S.C. 501 note) is amended by striking ``October 1, 2003'' and
    inserting ``October 1, 2004''.
        Sec. 633. (a) Prohibition of Federal Agency Monitoring of Personal
    Information on Use of Internet.--None of the funds made available in
    this or any other Act may be used by any Federal agency--
            (1) to collect, review, or create any aggregate list, derived
        from any means, that includes the collection of any personally
        identifiable information relating to an individual's access to or
        use of any Federal Government Internet site of the agency; or
            (2) to enter into any agreement with a third party (including
        another Government agency) to collect, review, or obtain any
        aggregate list, derived from any means, that includes the
        collection of any personally identifiable information relating to
        an individual's access to or use of any nongovernmental Internet
        site.
        (b) Exceptions.--The limitations established in subsection (a)
    shall not apply to--
            (1) any record of aggregate data that does not identify
        particular persons;
            (2) any voluntary submission of personally identifiable
        information;
            (3) any action taken for law enforcement, regulatory, or
        supervisory purposes, in accordance with applicable law; or
            (4) any action described in subsection (a)(1) that is a system
        security action taken by the operator of an Internet site and is
        necessarily incident to the rendition of the Internet site services
        or to the protection of the rights or property of the provider of
        the Internet site.
        (c) Definitions.--For the purposes of this section:
            (1) The term ``regulatory'' means agency actions to implement,
        interpret or enforce authorities provided in law.
            (2) The term ``supervisory'' means examinations of the agency's
        supervised institutions, including assessing safety and soundness,
        overall financial condition, management practices and policies and
        compliance with applicable standards as provided in law.
        Sec. 634. (a) None of the funds appropriated by this Act may be
    used to enter into or renew a contract which includes a provision
    providing prescription drug coverage, except where the contract also
    includes a provision for contraceptive coverage.
        (b) Nothing in this section shall apply to a contract with--
            (1) any of the following religious plans:
                (A) Personal Care's HMO; and
                (B) OSF Health Plans, Inc.; and
            (2) any existing or future plan, if the carrier for the plan
        objects to such coverage on the basis of religious beliefs.
        (c) In implementing this section, any plan that enters into or
    renews a contract under this section may not subject any individual to
    discrimination on the basis that the individual refuses to prescribe or
    otherwise provide for contraceptives because such activities would be
    contrary to the individual's religious beliefs or moral convictions.
        (d) Nothing in this section shall be construed to require coverage
    of abortion or abortion-related services.
        Sec. 635. The Congress of the United States recognizes the United
    States Anti-Doping Agency (USADA) as the official anti-doping agency
    for Olympic, Pan American, and Paralympic sport in the United States.
        Sec. 636. Not later than 6 months after the date of enactment of
    this Act, the Inspector General of each applicable department or agency
    shall submit to the Committee on Appropriations a report detailing what
    policies and procedures are in place for each department or agency to
    give first priority to the location of new offices and other facilities
    in rural areas, as directed by the Rural Development Act of 1972.
        Sec. 637. None of the funds made available under this or any other
    Act for fiscal year 2004 shall be expended for the purchase of a
    product or service offered by Federal Prison Industries, Inc., unless
    the agency making such purchase determines that such offered product or
    service provides the best value to the buying agency pursuant to
    Government-wide procurement regulations, issued pursuant to section
    25(c)(1) of the Office of Federal Procurement Act (41 U.S.C. 421(c)(1))
    that impose procedures, standards, and limitations of section 2410n of
    title 10, United States Code.
        Sec. 638. Each executive department and agency shall evaluate the
    creditworthiness of an individual before issuing the individual a
    Government purchase charge card or Government travel charge card. The
    department or agency may not issue a Government purchase charge card or
    Government travel charge card to an individual that either lacks a
    credit history or is found to have an unsatisfactory credit history as
    a result of this evaluation: Provided, That this restriction shall not
    preclude issuance of a restricted-use charge, debit, or stored value
    card made in accordance with agency procedures to (a) an individual
    with an unsatisfactory credit history where such card is used to pay
    travel expenses and the agency determines there is no suitable
    alternative payment mechanism available before issuing the card, or (b)
    an individual who lacks a credit history. Each executive department and
    agency shall establish guidelines and procedures for disciplinary
    actions to be taken against agency personnel for improper, fraudulent,
    or abusive use of Government charge cards, which shall include
    appropriate disciplinary actions for use of charge cards for purposes,
    and at establishments, that are inconsistent with the official business
    of the Department or agency or with applicable standards of conduct.
        Sec. 639. Section 640(c) of the Treasury and General Government
    Appropriations Act, 2000 (Public Law 106-58; 2 U.S.C. 437g note 1), as
    amended by section 642 of the Treasury and General Government
    Appropriations Act, 2002 (Public Law 107-67), is amended by striking
    ``December 31, 2003'' and inserting ``December 31, 2005''.
        Sec. 640. (a) The adjustment in rates of basic pay for employees
    under the statutory pay systems that takes effect in fiscal year 2004
    under sections 5303 and 5304 of title 5, United States Code, shall be
    an increase of 4.1 percent, and this adjustment shall apply to civilian
    employees in the Department of Defense and the Department of Homeland
    Security and such adjustments shall be effective as of the first day of
    the first applicable pay period beginning on or after January 1, 2004.
        (b) Notwithstanding section 613 of this Act, the adjustment in
    rates of basic pay for the statutory pay systems that take place in
    fiscal year 2004 under sections 5344 and 5348 of title 5, United States
    Code, shall be no less than the percentage in paragraph (a) as
    employees in the same location whose rates of basic pay are adjusted
    pursuant to the statutory pay systems under section 5303 and 5304 of
    title 5, United States Code. Prevailing rate employees at locations
    where there are no employees whose pay is increased pursuant to
    sections 5303 and 5304 of title 5 and prevailing rate employees
    described in section 5343(a)(5) of title 5 shall be considered to be
    located in the pay locality designated as ``Rest of US'' pursuant to
    section 5304 of title 5 for purposes of this paragraph.
        (c) Funds used to carry out this section shall be paid from
    appropriations, which are made to each applicable department or agency
    for salaries and expenses for fiscal year 2004.
        Sec. 641. Section 304(a) of the Federal Election Campaign Act of
    1971 (2 U.S.C. 434(a)) is amended as follows--
            (1) in clauses (a)(2)(A)(i) and (a)(4)(A)(ii) by striking ``(or
        posted by registered or certified mail no later than the 15th day
        before)'' and inserting ``(or posted by any of the following:
        registered mail, certified mail, priority mail having a delivery
        confirmation, or express mail having a delivery confirmation, or
        delivered to an overnight delivery service with an on-line tracking
        system, if posted or delivered no later than the 15th day
        before)''; and
            (2) by striking paragraph (a)(5) and inserting the following:
            ``(5) If a designation, report, or statement filed pursuant to
        this Act (other than under paragraph (2)(A)(i) or (4)(A)(ii) or
        subsection (g)(1)) is sent by registered mail, certified mail,
        priority mail having a delivery confirmation, or express mail
        having a delivery confirmation, the United States postmark shall be
        considered the date of filing the designation, report or statement.
        If a designation, report or statement filed pursuant to this Act
        (other than under paragraph (2)(A)(i) or (4)(A)(ii), or subsection
        (g)(1)) is sent by an overnight delivery service with an on-line
        tracking system, the date on the proof of delivery to the delivery
        service shall be considered the date of filing of the designation,
        report, or statement.''.
        Sec. 642. Notwithstanding any other provision of law, funds
    appropriated for official travel by Federal departments and agencies
    may be used by such departments and agencies, if consistent with Office
    of Management and Budget Circular A-126 regarding official travel for
    Government personnel, to participate in the fractional aircraft
    ownership pilot program.
        Sec. 643. Notwithstanding any other provision of law, no executive
    branch agency shall purchase, construct, and/or lease any additional
    facilities, except within or contiguous to existing locations, to be
    used for the purpose of conducting Federal law enforcement training
    without the advance approval of the Committees on Appropriations,
    except that the Federal Law Enforcement Training Center is authorized
    to obtain the temporary use of additional facilities by lease,
    contract, or other agreement for training which cannot be accommodated
    in existing Center facilities.
        Sec. 644. None of the funds provided in this Act shall be used to
    implement or enforce regulations for locality pay areas in fiscal year
    2004 that are inconsistent with the recommendations of the Federal
    Salary Council adopted on October 7, 2003.
        Sec. 645. (a) Not later than 180 days after the enactment of this
    Act, the head of each Federal agency shall submit a report to Congress
    on the amount of the acquisitions made by the agency from entities that
    manufacture the articles, materials, or supplies outside of the United
    States in that fiscal year.
        (b) The report required by subsection (a) shall separately
    indicate--
            (1) the dollar value of any articles, materials, or supplies
        purchased that were manufactured outside of the United States;
            (2) an itemized list of all waivers granted with respect to
        such articles, materials, or supplies under the Buy American Act
        (41 U.S.C. 10a et seq.); and
            (3) a summary of the total procurement funds spent on goods
        manufactured in the United States versus funds spent on goods
        manufactured outside of the United States.
        (c) The head of each Federal agency submitting a report under
    subsection (a) shall make the report publicly available to the maximum
    extent practicable.
        Sec. 646. Notwithstanding any other provision of law, none of the
    funds appropriated or made available under this Act or any other
    appropriations Act may be used to implement or enforce restrictions or
    limitations on the Coast Guard Congressional Fellowship Program, or to
    implement the proposed regulations of the Office of Personnel
    Management to add sections 300.311 through 300.316 to part 300 of title
    5 of the Code of Federal Regulations, published in the Federal
    Register, volume 68, number 174, on September 9, 2003 (relating to the
    detail of executive branch employees to the legislative branch):
    Provided, That if such proposed regulations are final regulations on
    the date of enactment of this Act, none of the funds appropriated or
    made available under this Act may be used to implement, administer, or
    enforce such final regulations.
        Sec. 647. (a) Limitation on Conversion to Contractor Performance.--
    None of the funds appropriated by this Act shall be available to
    convert to contractor performance an activity or function of an
    executive agency, that on or after the date of enactment of this Act,
    is performed by more than 10 Federal employees unless--
            (1) the conversion is based on the result of a public-private
        competition plan that includes a most efficient and cost effective
        organization plan developed by such activity or function; and
            (2) the Competitive Sourcing Official considers, as part of the
        cost or price evaluation, whether over all performance periods
        stated in the solicitation of offers for performance of the
        activity or function, the cost of performance of the activity or
        function by a contractor would be less costly to the executive
        agency by an amount that equals or exceeds the lesser of--
                (A) 10 percent of the most efficient organization's
            personnel-related costs for performance of that activity or
            function by Federal employees; or
                (B) $10,000,000.
        (b) Not later than 120 days following the enactment of this Act and
    not later than December 31 of each year thereafter, the head of each
    executive agency shall submit to Congress a report on the competitive
    sourcing activities on the list required under the Federal Activities
    Inventory Reform Act of 1998 (Public Law 105-270; 31 U.S.C. 501 note)
    that were performed for such executive agency during the previous
    fiscal year by Federal Government sources. The report shall include--
            (1) the total number of competitions completed;
            (2) the total number of competitions announced, together with a
        list of the activities covered by such competitions;
            (3) the total number (expressed as a full-time employee
        equivalent number) of the Federal employees studied under completed
        competitions;
            (4) the total number (expressed as a full-time employee
        equivalent number) of the Federal employees that are being studied
        under competitions announced but not completed;
            (5) the incremental cost directly attributable to conducting
        the competitions identified under paragraphs (1) and (2), including
        costs attributable to paying outside consultants and contractors;
            (6) an estimate of the total anticipated savings, or a
        quantifiable description of improvements in service or performance,
        derived from completed competitions;
            (7) actual savings, or a quantifiable description of
        improvements in service or performance, derived from the
        implementation of competitions completed after May 29, 2003;
            (8) the total projected number (expressed as a full-time
        employee equivalent number) of the Federal employees that are to be
        covered by competitions scheduled to be announced in the fiscal
        year covered by the next report required under this section; and
            (9) a general description of how the competitive sourcing
        decisionmaking processes of the executive agency are aligned with
        the strategic workforce plan of that executive agency.
        (c) The head of an executive agency may not be required, under
    Office of Management and Budget Circular A-76 or any other policy,
    directive, or regulation, to automatically limit to 5 years or less the
    performance period in a letter of obligation, or other agreement,
    issued to executive agency employees, if such a letter or other
    agreement was issued as the result of a public-private competition
    conducted in accordance with the circular.
        (d) Hereafter, the head of an executive agency may expend funds
    appropriated or otherwise made available for any purpose to the
    executive agency under this or any other Act to monitor (in the
    administration of responsibilities under Office of Management and
    Budget Circular A-76 or any related policy, directive, or regulation)
    the performance of an activity or function of the executive agency that
    has previously been subjected to a public-private competition under
    such circular.
        (e) An activity or function of an executive agency that is
    converted to contractor performance under Office of Management and
    Budget Circular A-76 may not be performed by the contractor at a
    location outside the United States except to the extent that such
    activity or function was previously performed by Federal Government
    employees outside the United States.
        (f) In this section, the term ``executive agency'' has the meaning
    given such term in section 4 of the Office of Federal Procurement
    Policy Act (41 U.S.C. 403).
        Sec. 648. Notwithstanding section 1346 of title 31, United States
    Code, and section 610 of this Act, the head of each executive
    department and agency shall transfer to or reimburse the Federal
    Aviation Administration, with the approval of the Director of the
    Office of Management and Budget, funds made available by this or any
    other Act for the purposes described below, and shall submit budget
    requests for such purposes. These funds shall be administered by the
    Federal Aviation Administration as approved by the Director of the
    Office of Management and Budget, in consultation with the appropriate
    interagency groups designated by the Director to ensure the operation
    of the Midway Atoll Airfield by the Federal Aviation Administration
    pursuant to an operational agreement with the Department of the
    Interior. The total funds transferred or reimbursed shall not exceed
    $6,000,000 and shall not be available for activities other than the
    operation of the airfield. The Director of the Office of Management and
    Budget shall notify the Committees on Appropriations of such transfers
    or reimbursements within 15 days of this Act. Such transfers or
    reimbursements shall begin within 30 days of enactment of this Act.
        This division may be cited as the ``Transportation, Treasury, and
    Independent Agencies Appropriations Act, 2004''.

       DIVISION G--DEPARTMENTS OF VETERANS AFFAIRS AND HOUSING AND URBAN
         DEVELOPMENT, AND INDEPENDENT AGENCIES APPROPRIATIONS ACT, 2004

                                     An Act

       Making appropriations for the Departments of Veterans Affairs and
      Housing and Urban Development, and for sundry independent agencies,
       boards, commissions, corporations, and offices for the fiscal year
               ending September 30, 2004, and for other purposes.

    That the following sums are appropriated, out of any money in the
    Treasury not otherwise appropriated, for the Departments of Veterans
    Affairs and Housing and Urban Development, and for sundry independent
    agencies, boards, commissions, corporations, and offices for the fiscal
    year ending September 30, 2004, and for other purposes, namely:

                    TITLE I--DEPARTMENT OF VETERANS AFFAIRS

                        Veterans Benefits Administration

                            Compensation and Pensions

                          (including transfer of funds)

        For the payment of compensation benefits to or on behalf of
    veterans and a pilot program for disability examinations as authorized
    by law (38 U.S.C. 107, chapters 11, 13, 18, 51, 53, 55, and 61);
    pension benefits to or on behalf of veterans as authorized by law (38
    U.S.C. chapters 15, 51, 53, 55, and 61; 92 Stat. 2508); and burial
    benefits, emergency and other officers' retirement pay, adjusted-
    service credits and certificates, payment of premiums due on commercial
    life insurance policies guaranteed under the provisions of article IV
    of the Soldiers' and Sailors' Civil Relief Act of 1940 (50 U.S.C. App.
    540 et seq.) and for other benefits as authorized by law (38 U.S.C.
    107, 1312, 1977, and 2106, chapters 23, 51, 53, 55, and 61; 50 U.S.C.
    App. 540-548; 43 Stat. 122, 123; 45 Stat. 735; 76 Stat. 1198),
    $29,845,127,000, to remain available until expended: Provided, That not
    to exceed $17,056,000 of the amount appropriated under this heading
    shall be reimbursed to ``General operating expenses'' and ``Medical
    services'' for necessary expenses in implementing those provisions
    authorized in the Omnibus Budget Reconciliation Act of 1990, and in the
    Veterans' Benefits Act of 1992 (38 U.S.C. chapters 51, 53, and 55), the
    funding source for which is specifically provided as the ``Compensation
    and pensions'' appropriation: Provided further, That such sums as may
    be earned on an actual qualifying patient basis, shall be reimbursed to
    ``Medical facilities revolving fund'' to augment the funding of
    individual medical facilities for nursing home care provided to
    pensioners as authorized.

                              readjustment benefits

        For the payment of readjustment and rehabilitation benefits to or
    on behalf of veterans as authorized by law (38 U.S.C. chapters 21, 30,
    31, 34, 35, 36, 39, 51, 53, 55, and 61), $2,529,734,000, to remain
    available until expended: Provided, That expenses for rehabilitation
    program services and assistance which the Secretary is authorized to
    provide under section 3104(a) of title 38, United States Code, other
    than under subsection (a)(1), (2), (5), and (11) of that section, shall
    be charged to this account.

                        veterans insurance and indemnities

        For military and naval insurance, national service life insurance,
    servicemen's indemnities, service-disabled veterans insurance, and
    veterans mortgage life insurance as authorized by 38 U.S.C. chapter 19;
    70 Stat. 887; 72 Stat. 487, $29,017,000, to remain available until
    expended.

              veterans housing benefit program fund program account

                          (including transfer of funds)

        For the cost of direct and guaranteed loans, such sums as may be
    necessary to carry out the program, as authorized by 38 U.S.C. chapter
    37, as amended: Provided, That such costs, including the cost of
    modifying such loans, shall be as defined in section 502 of the
    Congressional Budget Act of 1974, as amended: Provided further, That
    during fiscal year 2004, within the resources available, not to exceed
    $300,000 in gross obligations for direct loans are authorized for
    specially adapted housing loans.
        In addition, for administrative expenses to carry out the direct
    and guaranteed loan programs, $154,850,000, which may be transferred to
    and merged with the appropriation for ``General operating expenses''.

                       education loan fund program account

                          (including transfer of funds)

        For the cost of direct loans, $1,000, as authorized by 38 U.S.C.
    3698, as amended: Provided, That such costs, including the cost of
    modifying such loans, shall be as defined in section 502 of the
    Congressional Budget Act of 1974, as amended: Provided further, That
    these funds are available to subsidize gross obligations for the
    principal amount of direct loans not to exceed $3,400.
        In addition, for administrative expenses necessary to carry out the
    direct loan program, $70,000, which may be transferred to and merged
    with the appropriation for ``General operating expenses''.

                 vocational rehabilitation loans program account

                          (including transfer of funds)

        For the cost of direct loans, $52,000, as authorized by 38 U.S.C.
    chapter 31, as amended: Provided, That such costs, including the cost
    of modifying such loans, shall be as defined in section 502 of the
    Congressional Budget Act of 1974, as amended: Provided further, That
    funds made available under this heading are available to subsidize
    gross obligations for the principal amount of direct loans not to
    exceed $3,938,000.
        In addition, for administrative expenses necessary to carry out the
    direct loan program, $300,000, which may be transferred to and merged
    with the appropriation for ``General operating expenses''.

               native american veteran housing loan program account

                          (including transfer of funds)

        For administrative expenses to carry out the direct loan program
    authorized by 38 U.S.C. chapter 37, subchapter V, as amended, $571,000,
    which may be transferred to and merged with the appropriation for
    ``General operating expenses'': Provided, That no new loans in excess
    of $50,000,000 may be made in fiscal year 2004.

      guaranteed transitional housing loans for homeless veterans program
                                    account

        For the administrative expenses to carry out the guaranteed
    transitional housing loan program authorized by 38 U.S.C. chapter 37,
    subchapter VI, not to exceed $600,000 of the amounts appropriated by
    this Act for ``General operating expenses'' and ``Medical services''
    may be expended.

                         Veterans Health Administration

                                 medical services

        For necessary expenses for furnishing, as authorized by law,
    inpatient and outpatient care and treatment to beneficiaries of the
    Department of Veterans Affairs and veterans described in paragraphs (1)
    through (8) of section 1705(a) of title 38, United States Code,
    including care and treatment in facilities not under the jurisdiction
    of the department and including medical supplies and equipment and
    salaries and expenses of health-care employees hired under title 38,
    United States Code, and aid to State homes as authorized by section
    1741 of title 38, United States Code; $17,867,220,000, plus
    reimbursements: Provided, That of the funds made available under this
    heading, not to exceed $1,100,000,000 shall be available until
    September 30, 2005: Provided further, That, notwithstanding any other
    provision of law, the Secretary of Veterans Affairs shall establish a
    priority for treatment for veterans who are service-connected disabled,
    lower income, or have special needs: Provided further, That,
    notwithstanding any other provision of law, the Secretary of Veterans
    Affairs shall give priority funding for the provision of basic medical
    benefits to veterans in enrollment priority groups 1 through 6:
    Provided further, That of the funds made available under this heading,
    the Secretary may transfer up to $400,000,000 to ``Construction, major
    projects'' for purposes of implementing CARES subject to a
    determination by the Secretary that such funds will improve access and
    quality of veteran's health care needs: Provided further, That,
    notwithstanding any other provision of law, the Secretary of Veterans
    Affairs may authorize the dispensing of prescription drugs from
    Veterans Health Administration facilities to enrolled veterans with
    privately written prescriptions based on requirements established by
    the Secretary: Provided further, That the implementation of the program
    described in the previous proviso shall incur no additional cost to the
    Department of Veterans Affairs.

                              medical administration

        For necessary expenses in the administration of the medical,
    hospital, nursing home, domiciliary, construction, supply, and research
    activities, as authorized by law; administrative expenses in support of
    capital policy activities; information technology hardware and
    software; uniforms or allowances therefor, as authorized by sections
    5901-5902 of title 5, United States Code; and administrative and legal
    expenses of the department for collecting and recovering amounts owed
    the department as authorized under chapter 17 of title 38, United
    States Code, and the Federal Medical Care Recovery Act (42 U.S.C. 2651
    et seq.); $5,000,000,000, of which $150,000,000 shall be available
    until September 30, 2005, plus reimbursements.

                                medical facilities

        For necessary expenses for the maintenance and operation of
    hospitals, nursing homes, and domiciliary facilities and other
    necessary facilities for the Veterans Health Administration; for
    administrative expenses in support of planning, design, project
    management, real property acquisition and disposition, construction and
    renovation of any facility under the jurisdiction or for the use of the
    department; for oversight, engineering and architectural activities not
    charged to project costs; for repairing, altering, improving or
    providing facilities in the several hospitals and homes under the
    jurisdiction of the department, not otherwise provided for, either by
    contract or by the hire of temporary employees and purchase of
    materials; for leases of facilities; and for laundry and food services,
    $4,000,000,000, of which $150,000,000 shall be available until
    September 30, 2005.

                         medical and prosthetic research

        For necessary expenses in carrying out programs of medical and
    prosthetic research and development as authorized by chapter 73 of
    title 38, United States Code, to remain available until September 30,
    2005, $408,000,000, plus reimbursements.

                          Departmental Administration

                            general operating expenses

        For necessary operating expenses of the Department of Veterans
    Affairs, not otherwise provided for, including administrative expenses
    in support of department-wide capital planning, management and policy
    activities, uniforms or allowances therefor; not to exceed $25,000 for
    official reception and representation expenses; hire of passenger motor
    vehicles; and reimbursement of the General Services Administration for
    security guard services, and the Department of Defense for the cost of
    overseas employee mail, $1,283,272,000: Provided, That expenses for
    services and assistance authorized under 38 U.S.C. 3104(a)(1), (2),
    (5), and (11) that the Secretary determines are necessary to enable
    entitled veterans: (1) to the maximum extent feasible, to become
    employable and to obtain and maintain suitable employment; or (2) to
    achieve maximum independence in daily living, shall be charged to this
    account: Provided further, That the Veterans Benefits Administration
    shall be funded at not less than $1,005,000,000: Provided further, That
    of the funds made available under this heading, not to exceed
    $66,000,000 shall be available for obligation until September 30, 2005:
    Provided further, That from the funds made available under this
    heading, the Veterans Benefits Administration may purchase up to two
    passenger motor vehicles for use in operations of that Administration
    in Manila, Philippines.

                         national cemetery administration

        For necessary expenses of the National Cemetery Administration for
    operations and maintenance, not otherwise provided for, including
    uniforms or allowances therefor; cemeterial expenses as authorized by
    law; purchase of one passenger motor vehicle for use in cemeterial
    operations; and hire of passenger motor vehicles, $144,203,000:
    Provided, That of the funds made available under this heading, not to
    exceed $7,200,000 shall be available until September 30, 2005.

                           office of inspector general

        For necessary expenses of the Office of Inspector General in
    carrying out the provisions of the Inspector General Act of 1978, as
    amended, $62,000,000, to remain available until September 30, 2005.

                           construction, major projects

        For constructing, altering, extending and improving any of the
    facilities including parking projects under the jurisdiction or for the
    use of the Department of Veterans Affairs, or for any of the purposes
    set forth in sections 316, 2404, 2406, 8102, 8103, 8106, 8108, 8109,
    8110, and 8122 of title 38, United States Code, including planning,
    architectural and engineering services, maintenance or guarantee period
    services costs associated with equipment guarantees provided under the
    project, services of claims analysts, offsite utility and storm
    drainage system construction costs, and site acquisition, where the
    estimated cost of a project is more than the amount set forth in 38
    U.S.C. 8104(a)(3)(A) or where funds for a project were made available
    in a previous major project appropriation, $272,690,000, to remain
    available until expended, of which $181,000,000 shall be for Capital
    Asset Realignment for Enhanced Services (CARES) activities; and of
    which $10,000,000 shall be to make reimbursements as provided in 41
    U.S.C. 612 for claims paid for contract disputes: Provided, That except
    for advance planning activities, including needs assessments which may
    or may not lead to capital investments, and other capital asset
    management related activities, such as portfolio development and
    management activities, and investment strategy studies funded through
    the advance planning fund and the planning and design activities funded
    through the design fund and CARES funds, including needs assessments
    which may or may not lead to capital investments, none of the funds
    appropriated under this heading shall be used for any project which has
    not been approved by the Congress in the budgetary process: Provided
    further, That funds provided in this appropriation for fiscal year
    2004, for each approved project (except those for CARES activities
    referenced above) shall be obligated: (1) by the awarding of a
    construction documents contract by September 30, 2004; and (2) by the
    awarding of a construction contract by September 30, 2005: Provided
    further, That the Secretary of Veterans Affairs shall promptly report
    in writing to the Committees on Appropriations any approved major
    construction project in which obligations are not incurred within the
    time limitations established above.

                           construction, minor projects

        For constructing, altering, extending, and improving any of the
    facilities including parking projects under the jurisdiction or for the
    use of the Department of Veterans Affairs, including planning and
    assessments of needs which may lead to capital investments,
    architectural and engineering services, maintenance or guarantee period
    services costs associated with equipment guarantees provided under the
    project, services of claims analysts, offsite utility and storm
    drainage system construction costs, and site acquisition, or for any of
    the purposes set forth in sections 316, 2404, 2406, 8102, 8103, 8106,
    8108, 8109, 8110, 8122, and 8162 of title 38, United States Code, where
    the estimated cost of a project is equal to or less than the amount set
    forth in 38 U.S.C. 8104(a)(3)(A), $252,144,000, to remain available
    until expended, along with unobligated balances of previous
    ``Construction, minor projects'' appropriations which are hereby made
    available for any project where the estimated cost is equal to or less
    than the amount set forth in 38 U.S.C. 8104(a)(3)(A), of which
    $40,000,000 shall be for Capital Asset Realignment for Enhanced
    Services (CARES) activities: Provided, That from amounts appropriated
    under this heading, additional amounts may be used for CARES activities
    upon notification of and approval by the Committees on Appropriations:
    Provided further, That funds in this account shall be available for:
    (1) repairs to any of the nonmedical facilities under the jurisdiction
    or for the use of the department which are necessary because of loss or
    damage caused by any natural disaster or catastrophe; and (2) temporary
    measures necessary to prevent or to minimize further loss by such
    causes.

            grants for construction of state extended care facilities

        For grants to assist States to acquire or construct State nursing
    home and domiciliary facilities and to remodel, modify or alter
    existing hospital, nursing home and domiciliary facilities in State
    homes, for furnishing care to veterans as authorized by 38 U.S.C. 8131-
    8137, $102,100,000, to remain available until expended.

             grants for the construction of state veterans cemeteries

        For grants to aid States in establishing, expanding, or improving
    State veterans cemeteries as authorized by 38 U.S.C. 2408, $32,000,000,
    to remain available until expended.

                            administrative provisions

                         (including rescission of funds)

        Sec. 101. Any appropriation for fiscal year 2004 for ``Compensation
    and pensions'', ``Readjustment benefits'', and ``Veterans insurance and
    indemnities'' may be transferred to any other of the mentioned
    appropriations.
        Sec. 102. Appropriations available to the Department of Veterans
    Affairs for fiscal year 2004 for salaries and expenses shall be
    available for services authorized by 5 U.S.C. 3109 hire of passenger
    motor vehicles; lease of a facility or land or both; and uniforms or
    allowances therefore, as authorized by 5 U.S.C. 5901-5902.
        Sec. 103. No appropriations in this Act for the Department of
    Veterans Affairs (except the appropriations for ``Construction, major
    projects'', ``Construction, minor projects'', and the ``Parking
    revolving fund'') shall be available for the purchase of any site for
    or toward the construction of any new hospital or home.
        Sec. 104. No appropriations in this Act for the Department of
    Veterans Affairs shall be available for hospitalization or examination
    of any persons (except beneficiaries entitled under the laws bestowing
    such benefits to veterans, and persons receiving such treatment under 5
    U.S.C. 7901-7904 or 42 U.S.C. 5141-5204), unless reimbursement of cost
    is made to the ``Medical services'' account at such rates as may be
    fixed by the Secretary of Veterans Affairs.
        Sec. 105. Appropriations available to the Department of Veterans
    Affairs for fiscal year 2004 for ``Compensation and pensions'',
    ``Readjustment benefits'', and ``Veterans insurance and indemnities''
    shall be available for payment of prior year accrued obligations
    required to be recorded by law against the corresponding prior year
    accounts within the last quarter of fiscal year 2003.
        Sec. 106. Appropriations accounts available to the Department of
    Veterans Affairs for fiscal year 2004 shall be available to pay prior
    year obligations of corresponding prior year appropriations accounts
    resulting from title X of the Competitive Equality Banking Act, Public
    Law 100-86, except that if such obligations are from trust fund
    accounts they shall be payable from ``Compensation and pensions''.
        Sec. 107. Notwithstanding any other provision of law, during fiscal
    year 2004, the Secretary of Veterans Affairs shall, from the National
    Service Life Insurance Fund (38 U.S.C. 1920), the Veterans' Special
    Life Insurance Fund (38 U.S.C. 1923), and the United States Government
    Life Insurance Fund (38 U.S.C. 1955), reimburse the ``General operating
    expenses'' account for the cost of administration of the insurance
    programs financed through those accounts: Provided, That reimbursement
    shall be made only from the surplus earnings accumulated in an
    insurance program in fiscal year 2004 that are available for dividends
    in that program after claims have been paid and actuarially determined
    reserves have been set aside: Provided further, That if the cost of
    administration of an insurance program exceeds the amount of surplus
    earnings accumulated in that program, reimbursement shall be made only
    to the extent of such surplus earnings: Provided further, That the
    Secretary shall determine the cost of administration for fiscal year
    2004 which is properly allocable to the provision of each insurance
    program and to the provision of any total disability income insurance
    included in such insurance program.
        Sec. 108. Notwithstanding any other provision of law, the
    Department of Veterans Affairs shall continue the Franchise Fund pilot
    program authorized to be established by section 403 of Public Law 103-
    356 until October 1, 2004: Provided, That the Franchise Fund,
    established by title I of Public Law 104-204 to finance the operations
    of the Franchise Fund pilot program, shall continue until October 1,
    2004.
        Sec. 109. Amounts deducted from enhanced-use lease proceeds to
    reimburse an account for expenses incurred by that account during a
    prior fiscal year for providing enhanced-use lease services, may be
    obligated during the fiscal year in which the proceeds are received.
        Sec. 110. Funds available in any Department of Veterans Affairs
    appropriation for fiscal year 2004 or funds for salaries and other
    administrative expenses shall also be available to reimburse the Office
    of Resolution Management and the Office of Employment Discrimination
    Complaint Adjudication for all services provided at rates which will
    recover actual costs but not exceed $29,318,000 for the Office of
    Resolution Management and $3,059,000 for the Office of Employment and
    Discrimination Complaint Adjudication: Provided, That payments may be
    made in advance for services to be furnished based on estimated costs:
    Provided further, That amounts received shall be credited to ``General
    operating expenses'' for use by the office that provided the service.
        Sec. 111. No appropriations in this Act for the Department of
    Veterans Affairs shall be available to enter into any new lease of real
    property if the estimated annual rental is more than $300,000 unless
    the Secretary submits a report which the Committees on Appropriations
    of the Congress approve within 30 days following the date on which the
    report is received.
        Sec. 112. No appropriations in this Act for the Department of
    Veterans Affairs shall be available for hospitalization or treatment of
    any person by reason of eligibility under section 1710(a)(3) of title
    38, United States Code, unless that person has disclosed to the
    Secretary of Veterans Affairs, in such form as the Secretary may
    require--
            (1) current, accurate third-party reimbursement information for
        purposes of section 1729 of such title; and
            (2) annual income information for purposes of section 1722 of
        such title.
        Sec. 113. Of the amounts provided in this Act, $25,000,000 shall be
    for information technology initiatives to support the enterprise
    architecture of the Department of Veterans Affairs.
        Sec. 114. None of the funds in this Act may be used to implement
    sections 2 and 5 of Public Law 107-287.
        Sec. 115. Receipts that would otherwise be credited to the Veterans
    Extended Care Revolving Fund, the Medical Facilities Revolving Fund,
    the Special Therapeutic and Rehabilitation Fund, the Nursing Home
    Revolving Fund, the Veterans Health Services Improvement Fund, and the
    Parking Revolving Fund shall be deposited into the Medical Care
    Collections Fund, and shall be transferred to ``Medical services'', to
    remain available until expended, to carry out the purposes of ``Medical
    services''.
        Sec. 116. (a) The Secretary of Veterans Affairs shall conduct by
    contract a program of recovery audits for the fee basis and other
    medical services contracts with respect to payments for hospital care.
    Notwithstanding section 3302(b) of title 31, United States Code,
    amounts collected, by setoff or otherwise, as the result of such audits
    shall be available, without fiscal year limitation, for the purposes
    for which funds are appropriated under ``Medical services'' and the
    purposes of paying a contractor a percent of the amount collected as a
    result of an audit carried out by the contractor.
        (b) All amounts so collected under subsection (a) with respect to a
    designated health care region (as that term is defined in section
    1729A(d)(2) of title 38, United States Code) shall be allocated, net of
    payments to the contractor, to that region.
        Sec. 117. Notwithstanding any other provision of law, at the
    discretion of the Secretary of Veterans Affairs, proceeds or revenues
    derived from enhanced-use leasing activities (including disposal) that
    are deposited into the Medical Care Collections Fund may be transferred
    and merged with ``Construction, major projects'' and ``Construction,
    minor projects'' accounts and be used for construction (including site
    acquisition and disposition), alterations and improvements of any
    medical facility under the jurisdiction or for the use of the
    Department of Veterans Affairs. Such sums as realized are in addition
    to the amount provided for in ``Construction, major projects'' and
    ``Construction, minor projects''.
        Sec. 118. Amounts made available under ``Medical services'' are
    available--
            (1) for furnishing recreational facilities, supplies, and
        equipment; and
            (2) for funeral expenses, burial expenses, and other expenses
        incidental to funerals and burials for beneficiaries receiving care
        in the department.
        Sec. 119. That such sums as may be deposited to the Medical Care
    Collections Fund pursuant to 38 U.S.C. 1729A may be transferred to
    ``Medical services'', to remain available until expended for the
    purposes of this account.
        Sec. 120. Amounts made available for fiscal year 2004 under the
    ``Medical services'', ``Medical administration'', and ``Medical
    facilities'' accounts may be transferred between the accounts to the
    extent necessary to implement the restructuring of the Veterans Health
    Administration accounts after notice of the amount and purpose of the
    transfer is provided to the Committees on Appropriations of the Senate
    and House of Representatives and a period of 30 days has elapsed:
    Provided, That the limitation on transfers is 20 percent in fiscal year
    2004.
        Sec. 121. The Department of Veterans Affairs shall implement the
    Veterans Health Administration account structure described under this
    Act by no later than 90 days after the date of enactment of this Act
    and shall submit its fiscal year 2005 budget justifications using the
    identical structure provided under this Act.
        Sec. 122. That of the unobligated balances remaining from prior
    year recoveries under the heading ``Medical care'', $270,000,000 are
    rescinded.

             TITLE II--DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

                           Public and Indian Housing

                             housing certificate fund

                   (including transfer and rescission of funds)

        For activities and assistance under the United States Housing Act
    of 1937, as amended (42 U.S.C. 1437 et seq.) (``the Act'' herein), not
    otherwise provided for, $19,371,481,762, and amounts that are
    recaptured in this account, to remain available until expended:
    Provided, That of the amounts made available under this heading,
    $15,171,481,762 and the aforementioned recaptures shall be available on
    October 1, 2003 and $4,200,000,000 shall be available on October 1,
    2004: Provided further, That amounts made available under this heading
    are provided as follows:
            (1) $17,635,130,745 for expiring or terminating section 8
        project-based subsidy contracts (including section 8 moderate
        rehabilitation contracts), for amendments to section 8 project-
        based subsidy contracts, for contracts entered into pursuant to
        section 441 of the McKinney-Vento Homeless Assistance Act, for the
        renewal of section 8 contracts for units in projects that are
        subject to approved plans of action under the Emergency Low Income
        Housing Preservation Act of 1987 or the Low-Income Housing
        Preservation and Resident Homeownership Act of 1990, and for
        renewals of expiring section 8 tenant-based annual contributions
        contracts (including amendments and renewals of enhanced vouchers
        under any provision of law authorizing such assistance under
        section 8(t) of the Act (42 U.S.C. 1437f(t))): Provided, That
        notwithstanding any other provision of law, the Secretary shall
        renew expiring section 8 tenant-based annual contributions
        contracts for each public housing agency, (including for agencies
        participating in the Moving to Work demonstration, unit months
        representing section 8 tenant-based assistance funds committed by
        the public housing agency for specific purposes, other than
        reserves, that are authorized pursuant to any agreement and
        conditions entered into under such demonstration, and utilized in
        compliance with any applicable program obligation deadlines) based
        on the total number of unit months which were under lease as
        reported on the most recent end-of-year financial statement
        submitted by the public housing agency to the Department, or as
        adjusted by such additional information submitted by the public
        housing agency to the Secretary as of August 1, 2003 (subject to
        verification), and by applying an inflation factor based on local
        or regional factors to the actual per unit cost: Provided further,
        That none of the funds made available in this paragraph may be used
        to support a total number of unit months under lease which exceeds
        a public housing agency's authorized level of units under contract;
            (2) $136,846,017 for a central fund to be allocated by the
        Secretary for amendments to section 8 tenant-based annual
        contributions contracts for such purposes set forth in this
        paragraph: Provided, That subject to the following proviso, the
        Secretary may use amounts made available in such fund, as
        necessary, for an increase in the total number of unit months under
        lease as compared to the number of unit months under lease as of
        August 1, 2003, provided for by the annual contributions contract:
        Provided further, That if a public housing agency, at any point in
        time during their fiscal year, has obligated the amounts made
        available to such agency pursuant to paragraph (1) under this
        heading for the renewal of expiring section 8 tenant-based annual
        contributions contracts, and if such agency has expended 50 percent
        of the amounts available to such agency in its annual contributions
        contract reserve account, the Secretary may only make available
        amounts as are necessary from amounts available from such central
        fund to fund additional leased units under the preceding proviso
        within thirty days of a request from such agency: Provided further,
        That none of the funds made available in this paragraph may be used
        to support a total number of unit months under lease which exceeds
        a public housing agency's authorized level of units under contract:
        Provided further, That the Secretary shall provide quarterly
        reports to the Committees on Appropriations of the House and the
        Senate on the obligation of funds provided in this paragraph in
        accordance with the directions specified in the report accompanying
        this Act;
            (3) $206,495,000 for section 8 rental assistance for relocation
        and replacement of housing units that are demolished or disposed of
        pursuant to the Omnibus Consolidated Rescissions and Appropriations
        Act of 1996 (Public Law 104-134), conversion of section 23 projects
        to assistance under section 8, the family unification program under
        section 8(x) of the Act, relocation of witnesses in connection with
        efforts to combat crime in public and assisted housing pursuant to
        a request from a law enforcement or prosecution agency, enhanced
        vouchers under any provision of law authorizing such assistance
        under section 8(t) of the Act (42 U.S.C.1437f(t)), and tenant
        protection assistance, including replacement and relocation
        assistance;
            (4) $48,000,000 for family self-sufficiency coordinators under
        section 23 of the Act;
            (5) not to exceed $1,242,000,000 for administrative and other
        expenses of public housing agencies in administering the section 8
        tenant-based rental assistance program, of which up to $50,000,000
        shall be available to the Secretary to allocate to public housing
        agencies that need additional funds to administer their section 8
        programs: Provided, That not to exceed $1,192,000,000 of the amount
        provided in this paragraph shall be allocated on a pro rata basis
        to public housing agencies based on the amount public housing
        agencies were eligible to receive in fiscal year 2003 without
        regard to the reduction required for excess administrative fee
        balances: Provided further, That, amounts under this paragraph
        shall be distributed according to the requirements of this
        paragraph and notwithstanding any other provision of law: Provided
        further, That none of the funds provided in this Act or any other
        Act may be used to supplement the amounts provided in this
        paragraph: Provided further, That all such administrative fee
        amounts provided under this paragraph shall be only for activities
        related to the provision of rental assistance under section 8,
        including related development activities;
            (6) $100,000,000 for contract administrators for section 8
        project-based assistance; and
            (7) not less than $3,010,000 shall be transferred to the
        Working Capital Fund for the development of and modifications to
        information technology systems which serve programs or activities
        under ``Public and Indian Housing'': Provided, That the Secretary
        may transfer up to 15 percent of funds provided under paragraphs
        (1), (2), or (5), herein to paragraphs (1) or (2), if the Secretary
        determines that such action is necessary because the funding
        provided under one such paragraph otherwise would be depleted and
        as a result, the maximum utilization of section 8 tenant-based
        assistance with the funds appropriated for this purpose by this Act
        would not be feasible: Provided further, That prior to undertaking
        the transfer of funds in excess of 10 percent from any paragraph
        pursuant to the previous proviso, the Secretary shall notify the
        Chairman and Ranking Member of the Subcommittees on Veterans
        Affairs and Housing and Urban Development, and Independent Agencies
        of the Committees on Appropriations of the House of Representatives
        and the Senate and shall not transfer any such funds until 30 days
        after such notification: Provided further, That incremental
        vouchers previously made available under this heading for non-
        elderly disabled families shall, to the extent practicable,
        continue to be provided to non-elderly disabled families upon
        turnover: Provided further, That, hereafter, the Secretary shall
        require public housing agencies to submit accounting data for funds
        disbursed under this heading in this Act and prior Acts by source
        and purpose of such funds: Provided further, That $2,844,000,000 is
        rescinded from unobligated balances remaining from funds
        appropriated to the Department of Housing and Urban Development
        under this heading or the heading ``Annual contributions for
        assisted housing'' or any other heading for fiscal year 2003 and
        prior years, to be effected by the Secretary no later than
        September 30, 2004: Provided further, That any such balances
        governed by reallocation provisions under the statute authorizing
        the program for which the funds were originally appropriated shall
        be available for the rescission: Provided further, That any
        obligated balances of contract authority from fiscal year 1974 and
        prior that have been terminated shall be cancelled.

                           public housing capital fund

                          (including transfer of funds)

        For the Public Housing Capital Fund Program to carry out capital
    and management activities for public housing agencies, as authorized
    under section 9 of the United States Housing Act of 1937, as amended
    (42 U.S.C. 1437g) (the ``Act'') $2,712,255,000, to remain available
    until September 30, 2007: Provided, That notwithstanding any other
    provision of law or regulation, during fiscal year 2004, the Secretary
    may not delegate to any Department official other than the Deputy
    Secretary and the Assistant Secretary for Public and Indian Housing any
    authority under paragraph (2) of section 9(j) regarding the extension
    of the time periods under such section: Provided further, That for
    purposes of such section 9(j), the term ``obligate'' means, with
    respect to amounts, that the amounts are subject to a binding agreement
    that will result in outlays, immediately or in the future: Provided
    further, That of the total amount provided under this heading, up to
    $50,000,000 shall be for carrying out activities under section 9(h) of
    such Act, of which $13,000,000 shall be for the provision of
    remediation services to public housing agencies identified as
    ``troubled'' under the section 8 Management Assessment Program and for
    surveys used to calculate local Fair Market Rents and assess housing
    conditions in connection with rental assistance under section 8 of the
    Act: Provided further, That of the total amount provided under this
    heading, up to $500,000 shall be for lease adjustments to section 23
    projects, and no less than $10,610,000 shall be transferred to the
    Working Capital Fund for the development of and modifications to
    information technology systems which serve programs or activities under
    ``Public and Indian housing'': Provided further, That no funds may be
    used under this heading for the purposes specified in section 9(k) of
    the United States Housing Act of 1937, as amended: Provided further,
    That of the total amount provided under this heading, up to $40,000,000
    shall be available for the Secretary of Housing and Urban Development
    to make grants to public housing agencies for emergency capital needs
    resulting from emergencies and natural disasters in fiscal year 2004:
    Provided further, That of the total amount provided under this heading,
    $55,000,000 shall be for supportive services, service coordinators and
    congregate services as authorized by section 34 of the Act and the
    Native American Housing Assistance and Self-Determination Act of 1996:
    Provided further, That of the total amount provided under this heading,
    $15,000,000 shall be for Neighborhood Networks grants for activities
    authorized in section 9(d)(1)(E) of the United States Housing Act of
    1937, as amended: Provided further, That notwithstanding any other
    provision of law, amounts made available in the previous proviso shall
    be awarded to public housing agencies on a competitive basis.
        The first proviso under this heading in the Departments of Veterans
    Affairs and Housing and Urban Development, and Independent Agencies
    Appropriations Act, 2003, is amended by striking ``1998, 1999''.

                          public housing operating fund

        For 2004 payments to public housing agencies for the operation and
    management of public housing, as authorized by section 9(e) of the
    United States Housing Act of 1937, as amended (42 U.S.C. 1437g(e)),
    $3,600,000,000: Provided, That of the total amount provided under this
    heading, $10,000,000 shall be for programs, as determined appropriate
    by the Attorney General, which assist in the investigation,
    prosecution, and prevention of violent crimes and drug offenses in
    public and federally-assisted low-income housing, including Indian
    housing, which shall be administered by the Department of Justice
    through a reimbursable agreement with the Department of Housing and
    Urban Development: Provided further, That, in fiscal year 2004 and all
    fiscal years hereafter, no amounts under this heading in any
    appropriations Act may be used for payments to public housing agencies
    for the costs of operation and management of public housing for any
    year prior to the current year of such Act: Provided further, That no
    funds may be used under this heading for the purposes specified in
    section 9(k) of the United States Housing Act of 1937, as amended.

          revitalization of severely distressed public housing (hope VI)

        For grants to public housing agencies for demolition, site
    revitalization, replacement housing, and tenant-based assistance grants
    to projects as authorized by section 24 of the United States Housing
    Act of 1937, as amended, $150,000,000, to remain available until
    September 30, 2005, of which the Secretary may use up to $4,000,000 for
    technical assistance and contract expertise, to be provided directly or
    indirectly by grants, contracts or cooperative agreements, including
    training and cost of necessary travel for participants in such
    training, by or to officials and employees of the department and of
    public housing agencies and to residents: Provided, That none of such
    funds shall be used directly or indirectly by granting competitive
    advantage in awards to settle litigation or pay judgments, unless
    expressly permitted herein.

                       native american housing block grants

                          (including transfers of funds)

        For the Native American Housing Block Grants program, as authorized
    under title I of the Native American Housing Assistance and Self-
    Determination Act of 1996 (NAHASDA) (25 U.S.C. 4111 et seq.),
    $654,100,000, to remain available until expended, of which $2,200,000
    shall be contracted through the Secretary as technical assistance and
    capacity building to be used by the National American Indian Housing
    Council in support of the implementation of NAHASDA; of which
    $4,500,000 shall be to support the inspection of Indian housing units,
    contract expertise, training, and technical assistance in the training,
    oversight, and management of Indian housing and tenant-based
    assistance, including up to $300,000 for related travel; and of which
    no less than $2,720,000 shall be transferred to the Working Capital
    Fund for development of and modifications to information technology
    systems which serve programs or activities under ``Public and Indian
    housing'': Provided, That of the amount provided under this heading,
    $2,000,000 shall be made available for the cost of guaranteed notes and
    other obligations, as authorized by title VI of NAHASDA: Provided
    further, That such costs, including the costs of modifying such notes
    and other obligations, shall be as defined in section 502 of the
    Congressional Budget Act of 1974, as amended: Provided further, That
    these funds are available to subsidize the total principal amount of
    any notes and other obligations, any part of which is to be guaranteed,
    not to exceed $16,658,000: Provided further, That for administrative
    expenses to carry out the guaranteed loan program, up to $150,000 from
    amounts in the first proviso, which shall be transferred to and merged
    with the appropriation for ``Salaries and expenses'', to be used only
    for the administrative costs of these guarantees.

                indian housing loan guarantee fund program account

                          (including transfer of funds)

        For the cost of guaranteed loans, as authorized by section 184 of
    the Housing and Community Development Act of 1992 (12 U.S.C. 1715z-
    13a), $5,300,000, to remain available until expended: Provided, That
    such costs, including the costs of modifying such loans, shall be as
    defined in section 502 of the Congressional Budget Act of 1974, as
    amended: Provided further, That these funds are available to subsidize
    total loan principal, any part of which is to be guaranteed, not to
    exceed $197,243,000.
        In addition, for administrative expenses to carry out the
    guaranteed loan program, up to $250,000 from amounts in the first
    paragraph, which shall be transferred to and merged with the
    appropriation for ``Salaries and expenses'', to be used only for the
    administrative costs of these guarantees.

           native hawaiian housing loan guarantee fund program account

                          (including transfer of funds)

        For the cost of guaranteed loans, as authorized by section 184A of
    the Housing and Community Development Act of 1992 (12 U.S.C. 1715z-
    13b), $1,035,000, to remain available until expended: Provided, That
    such costs, including the costs of modifying such loans, shall be as
    defined in section 502 of the Congressional Budget Act of 1974, as
    amended: Provided further, That these funds are available to subsidize
    total loan principal, any part of which is to be guaranteed, not to
    exceed $39,712,000.
        In addition, for administrative expenses to carry out the
    guaranteed loan program, up to $35,000 from amounts in the first
    paragraph, which shall be transferred to and merged with the
    appropriation for ``Salaries and expenses'', to be used only for the
    administrative costs of these guarantees.

                       Community Planning and Development

                   housing opportunities for persons with aids

        For carrying out the Housing Opportunities for Persons with AIDS
    program, as authorized by the AIDS Housing Opportunity Act (42 U.S.C.
    12901 et seq.), $296,500,000, to remain available until September 30,
    2005: Provided, That the Secretary shall renew all expiring contracts
    for permanent supportive housing that were funded under section
    854(c)(3) of such Act that meet all program requirements before
    awarding funds for new contracts and activities authorized under this
    section: Provided further, That the Secretary may use up to $2,500,000
    of the funds under this heading for training, oversight, and technical
    assistance activities.

                      rural housing and economic development

        For the Office of Rural Housing and Economic Development in the
    Department of Housing and Urban Development, $25,000,000 to remain
    available until expended, which amount shall be competitively awarded
    by June 1, 2004, to Indian tribes, State housing finance agencies,
    State community and/or economic development agencies, local rural
    nonprofits and community development corporations to support innovative
    housing and economic development activities in rural areas.

                     empowerment zones/enterprise communities

        For grants in connection with a second round of empowerment zones
    and enterprise communities, $15,000,000, to remain available until
    September 30, 2005, for ``Urban Empowerment Zones'', as authorized in
    section 1391(g) of the Internal Revenue Code of 1986 (26 U.S.C.
    1391(g)), including $1,000,000 for each empowerment zone for use in
    conjunction with economic development activities consistent with the
    strategic plan of each empowerment zone.

                            community development fund

                          (including transfers of funds)

        For assistance to units of State and local government, and to other
    entities, for economic and community development activities, and for
    other purposes, $4,950,000,000, to remain available until September 30,
    2006: Provided, That of the amount provided, $4,356,550,000 is for
    carrying out the community development block grant program under title
    I of the Housing and Community Development Act of 1974, as amended (the
    ``Act'' herein) (42 U.S.C. 5301 et seq.): Provided further, That unless
    explicitly provided for under this heading (except for planning grants
    provided in the third paragraph and amounts made available in the
    second paragraph), not to exceed 20 percent of any grant made with
    funds appropriated under this heading (other than a grant made
    available in this paragraph to the Housing Assistance Council or the
    National American Indian Housing Council, or a grant using funds under
    section 107(b)(3) of the Act) shall be expended for planning and
    management development and administration: Provided further, That
    $72,000,000 shall be for grants to Indian tribes notwithstanding
    section 106(a)(1) of such Act; $3,300,000 shall be for a grant to the
    Housing Assistance Council; $2,500,000 shall be for a grant to the
    National American Indian Housing Council; $5,000,000 shall be available
    as a grant to the National Housing Development Corporation, for
    operating expenses not to exceed $2,000,000 and for a program of
    affordable housing acquisition and rehabilitation; $5,000,000 shall be
    available as a grant to the National Council of La Raza for the HOPE
    Fund, of which $500,000 is for technical assistance and fund
    management, and $4,500,000 is for investments in the HOPE Fund and
    financing to affiliated organizations; $52,000,000 shall be for grants
    pursuant to section 107 of the Act, of which $9,500,000 shall be for
    the Native Hawaiian block grant authorized under title VIII of the
    Native American Housing Assistance and Self-Determination Act of 1996;
    no less than $4,900,000 shall be transferred to the Working Capital
    Fund for the development of and modification to information technology
    systems which serve programs or activities under ``Community planning
    and development''; $27,000,000 shall be for grants pursuant to the Self
    Help Homeownership Opportunity Program; $34,750,000 shall be for
    capacity building, of which $30,000,000 shall be for Capacity Building
    for Community Development and Affordable Housing for LISC and the
    Enterprise Foundation for activities as authorized by section 4 of the
    HUD Demonstration Act of 1993 (42 U.S.C. 9816 note), as in effect
    immediately before June 12, 1997, with not less than $5,000,000 of the
    funding to be used in rural areas, including tribal areas, and of which
    $4,750,000 shall be for capacity building activities administered by
    Habitat for Humanity International; $65,000,000 shall be available for
    YouthBuild program activities authorized by subtitle D of title IV of
    the Cranston-Gonzalez National Affordable Housing Act, as amended, and
    such activities shall be an eligible activity with respect to any funds
    made available under this heading: Provided, That local YouthBuild
    programs that demonstrate an ability to leverage private and nonprofit
    funding shall be given a priority for YouthBuild funding: Provided
    further, That no more than 10 percent of any grant award under the
    YouthBuild program may be used for administrative costs: Provided
    further, That of the amount made available for YouthBuild not less than
    $10,000,000 is for grants to establish YouthBuild programs in
    underserved and rural areas and $2,000,000 is to be made available for
    a grant to YouthBuild USA for capacity building for community
    development and affordable housing activities as specified in section 4
    of the HUD Demonstration Act of 1993, as amended.
        Of the amount made available under this heading, $44,000,000 shall
    be available for neighborhood initiatives that are utilized to improve
    the conditions of distressed and blighted areas and neighborhoods, to
    stimulate investment, economic diversification, and community
    revitalization in areas with population outmigration or a stagnating or
    declining economic base, or to determine whether housing benefits can
    be integrated more effectively with welfare reform initiatives:
    Provided, That amounts made available under this paragraph shall be
    provided in accordance with the terms and conditions specified in the
    joint explanatory statement of the managers accompanying this Act.
        Of the amount made available under this heading, $278,000,000 shall
    be available for grants for the Economic Development Initiative (EDI)
    to finance a variety of targeted economic investments in accordance
    with the terms and conditions specified in the joint explanatory
    statement of the managers accompanying this Act: Provided, That none of
    the funds provided under this paragraph may be used for program
    operations.
        The referenced statement of the managers under this heading in
    Public Law 107-73 is deemed to be amended with respect to the amount
    made available to the North Carolina Community Land Trust Initiative by
    striking ``North Carolina Community Land Trust Initiative'' and
    inserting ``Orange Community Housing and Land Trust''.
        The referenced statement of the managers under this heading in
    Public Law 107-73 is deemed to be amended with respect to the amount
    made available to the Willacy County Boys and Girls Club in Willacy
    County, Texas by striking ``Willacy County Boys and Girls Club in
    Willacy County, Texas'' and inserting ``Willacy County, Texas''.
        The referenced statement of the managers under this heading in
    title II of division K of the Consolidated Appropriations Resolution,
    2003 (Public Law 108-7; House Report No. 108-10) is deemed to be
    amended with respect to item number 17 by striking ``for sidewalks,
    curbs, street lighting, outdoor furniture and facade improvements in
    the Mill Village neighborhood'' and inserting ``for the restoration and
    renovation of houses within the Lincoln or Dallas mill villages''.
        The referenced statement of the managers under this heading in
    Public Law 107-73 is deemed to be amended with respect to the amount
    made available to the Metropolitan Development Association in Syracuse,
    New York by inserting ``and other economic development planning and
    revitalization activities'' after the word ``study''.
        The referenced statement of the managers under this heading in
    Public Law 107-73 is deemed to be amended with respect to the amount
    made available to the Staten Island Freedom Memorial Fund by striking
    ``Staten Island Freedom Memorial Fund for the construction of a
    memorial in the Staten Island community of St. George, New York'' and
    inserting ``Staten Island Botanical Garden for construction and related
    activities for a healing garden''.
        The referenced statement of the managers under this heading in
    title II of division K of the Consolidated Appropriations Resolution,
    2003 (Public Law 108-7; House Report No. 108-10) is deemed to be
    amended with respect to item number 526 by striking ``for an economic
    development study for the revitalization of Westchester'' and inserting
    ``for the reconstruction of renaissance plaza at Main and Mamaroneck in
    downtown White Plains''.
        The referenced statement of the managers under this heading in
    title II of division K of the Consolidated Appropriations Resolution,
    2003 (Public Law 108-7; House Report No. 108-10) is deemed to be
    amended with respect to item number 877 by striking ``West Virginia
    High Technology Consortium Foundation, Inc. in Marion County, West
    Virginia for facilities construction for a high-tech park'' and
    inserting ``Glenville State College in Glenville, West Virginia for
    construction of a new campus community education center''.
        The referenced statement of the managers under this heading in
    title II of division K of the Consolidated Appropriations Resolution,
    2003 (Public Law 108-7; House Report No. 108-10) is deemed to be
    amended with respect to item number 126 by striking ``for construction
    of'' and inserting ``for facilities improvements and build out for''.
        The referenced statement of the managers under this heading in
    title II of division K of the Consolidated Appropriations Resolution,
    2003 (Public Law 108-7; House Report No. 108-10) is deemed to be
    amended with respect to item number 721 by striking ``training'' and
    inserting ``creation, small business development and quality of life
    improvements within the State of South Carolina''.
        The referenced statement of the managers under this heading in
    title II of division K of the Consolidated Appropriations Resolution,
    2003 (Public Law 108-7; House Report No. 108-10) is deemed to be
    amended with respect to item number 317 by striking ``135,000'' and
    inserting ``151,000''.
        The referenced statement of the managers under this heading in
    title II of division K of the Consolidated Appropriations Resolution,
    2003 (Public Law 108-7; House Report No. 108-10) is deemed to be
    amended with respect to item number 324 by striking ``225,000'' and
    inserting ``209,000''.
        The referenced statement of the managers under this heading in
    title II of division K of the Consolidated Appropriations Resolution,
    2003 (Public Law 108-7; House Report No. 108-10) is deemed to be
    amended with respect to item number 74 by striking ``renovation'' and
    inserting ``design and construction''.
        The referenced statement of the managers under this heading in
    title II of division K of the Consolidated Appropriations Resolution,
    2003 (Public Law 108-7; House Report No. 108-10) is deemed to be
    amended with respect to item number 718 by striking ``construction''
    and inserting ``renovation''.
        The referenced statement of the managers under this heading in
    title II of division K of the Consolidated Appropriations Resolution,
    2003 (Public Law 108-7; House Report No. 108-10) is deemed to be
    amended with respect to item number 785 by striking ``to the Town of
    Altavista, Virginia to assist with renovations of the shell building
    industrial site'' and inserting ``to the County of Campbell, Virginia
    for development of the Winston Tract Commercial Center industrial
    site''.
        The referenced statement of the managers under this heading in
    title II of division K of the Consolidated Appropriations Resolution,
    2003 (Public Law 108-7; House Report No. 108-10) is deemed to be
    amended with respect to item number 253 by striking ``to the Salvation
    Army/Boys and Girls Club-Northfolk community center'' and inserting
    ``to the Salvation Army Boys and Girls Club in Louisville, Kentucky for
    the renovation of the Newburg community center''.
        The referenced statement of the managers under this heading in
    title II of division K of the Consolidated Appropriations Resolution,
    2003 (Public Law 108-7; House Report No. 108-10) is deemed to be
    amended with respect to item number 288 by striking ``for building
    renovations'' and inserting ``for signage, street furniture, sidewalks
    and streetscape improvements''.
        The referenced statement of the managers under this heading in
    title II of division K of the Consolidated Appropriations Resolution,
    2003 (Public Law 108-7; House Report No. 108-10) is deemed to be
    amended with respect to item number 217 by striking ``$135,000 to the
    Village of Olympia Fields, Illinois for construction of a hall, public
    library and upgraded commuter station'' and inserting ``$135,000 to the
    Village of Olympia Fields, Illinois, for sidewalks, street lighting,
    neighborhood redevelopment improvements, and building renovations''.
        The referenced statement of the managers under this heading in
    title II of division K of the Consolidated Appropriations Resolution,
    2003 (Public Law 108-7; House Report No. 108-10) is deemed to be
    amended with respect to item number 809 by striking ``$90,000 to the
    Department of Vermont Veterans of Foreign Wars for the construction of
    the Green Block Veterans Memorial in Brandon, Vermont and the Windsor,
    Vermont War Memorial'' and inserting ``$90,000 to the Department of
    Buildings and General Services of the State of Vermont for the
    construction of the Brandon, Vermont Veterans Memorial and the Windsor,
    Vermont War Memorial''.
        The referenced statement of the managers under this heading in
    title II of division K of the Consolidated Appropriations Resolution,
    2003 (Public Law 108-7; House Report No. 108-10) is deemed to be
    amended with respect to item number 244 by striking ``$900,000 to
    Purdue University in West Lafayette, Indiana for facilities
    construction for the Northwest Indiana Purdue Technology Center'' and
    inserting ``$900,000 to Purdue Research Foundation in West Lafayette,
    Indiana for facilities buildout for the Northwest Indiana Purdue
    Technology Center''.
        The referenced statement of the managers under this heading in
    Public Law 107-73 is deemed to be amended with respect to the amount
    made available to Connecticut Hospice, Inc., of Branford, Connecticut
    by striking ``for construction of a new facility'' and inserting ``for
    facilities renovation and equipment upgrades''.
        The referenced statement of the managers under this heading in
    Public Law 107-73 is deemed to be amended with respect to a grant made
    available to the United Way community services facility in Anchorage,
    Alaska by striking ``the United Way community services facility in
    Anchorage, Alaska, to complete construction of asocial service facility
    to serve low-income people;'' and inserting ``the Cook Inlet Tribal
    Council, Inc., in Anchorage, Alaska as a Federal contribution for
    construction of asocial service facility to serve low income people;''.
        The referenced statement of the managers under this heading in
    title II of division K of the Consolidated Appropriations Resolution,
    2003 (Public Law 108-7; House Report No. 108-10) is deemed to be
    amended with respect to item number 137 by striking ``Wilmington
    Housing Authority'' and inserting ``City of Wilmington''.

                         Urban Development Action Grants

        From balances of the Urban Development Action Grant Program, as
    authorized by title I of the Housing and Community Development Act of
    1974, as amended, $30,000,000 are cancelled.

              community development loan guarantees program account

                          (including transfer of funds)

        For the cost of guaranteed loans, $6,325,000, to remain available
    until September 30, 2005, as authorized by section 108 of the Housing
    and Community Development Act of 1974, as amended: Provided, That such
    costs, including the cost of modifying such loans, shall be as defined
    in section 502 of the Congressional Budget Act of 1974, as amended:
    Provided further, That these funds are available to subsidize total
    loan principal, any part of which is to be guaranteed, not to exceed
    $275,000,000, notwithstanding any aggregate limitation on outstanding
    obligations guaranteed in section 108(k) of the Housing and Community
    Development Act of 1974, as amended.
        In addition, for administrative expenses to carry out the
    guaranteed loan program, $1,000,000 which shall be transferred to and
    merged with the appropriation for ``Salaries and expenses''.

                            brownfields redevelopment

        For competitive economic development grants, as authorized by
    section 108(q) of the Housing and Community Development Act of 1974, as
    amended, for Brownfields redevelopment projects, $25,000,000, to remain
    available until September 30, 2005.

                       home investment partnerships program

                          (including transfer of funds)

        For the HOME investment partnerships program, as authorized under
    title II of the Cranston-Gonzalez National Affordable Housing Act, as
    amended, $1,930,000,000, to remain available until September 30, 2006:
    Provided, That of the total amount provided in this paragraph, up to
    $40,000,000 shall be available for housing counseling under section 106
    of the Housing and Urban Development Act of 1968 and no less than
    $2,100,000 shall be transferred to the Working Capital Fund for the
    development of and modifications to information technology systems
    which serve programs or activities under ``Community planning and
    development''.
        In addition to amounts otherwise made available under this heading,
    $87,500,000, to remain available until September 30, 2006, for
    assistance to homebuyers as authorized under title II of the Cranston-
    Gonzalez National Affordable Housing Act, as amended: Provided, That
    the Secretary shall provide such assistance in accordance with a
    formula to be established by the Secretary that considers, among other
    things, a participating jurisdiction's need for, and prior commitment
    to, assistance to homebuyers: Provided further, That should legislation
    be enacted prior to April 15, 2004, to authorize a new down-payment
    assistance program under the HOME Investment Partnership Act, the
    amounts provided under this paragraph shall be distributed for
    downpayment assistance in accordance with the terms and conditions set
    forth in such Act.

                            homeless assistance grants

                          (including transfer of funds)

        For the emergency shelter grants program as authorized under
    subtitle B of title IV of the McKinney-Vento Homeless Assistance Act,
    as amended; the supportive housing program as authorized under subtitle
    C of title IV of such Act; the section 8 moderate rehabilitation single
    room occupancy program as authorized under the United States Housing
    Act of 1937, as amended, to assist homeless individuals pursuant to
    section 441 of the McKinney-Vento Homeless Assistance Act; and the
    shelter plus care program as authorized under subtitle F of title IV of
    such Act, $1,267,000,000, of which $1,247,000,000 to remain available
    until September 30, 2006, and of which $20,000,000 to remain available
    until expended: Provided, That not less than 30 percent of funds made
    available, excluding amounts provided for renewals under the shelter
    plus care program, shall be used for permanent housing: Provided
    further, That all funds awarded for services shall be matched by 25
    percent in funding by each grantee: Provided further, That the
    Secretary shall renew on an annual basis expiring contracts or
    amendments to contracts funded under the shelter plus care program if
    the program is determined to be needed under the applicable continuum
    of care and meets appropriate program requirements and financial
    standards, as determined by the Secretary: Provided further, That all
    awards of assistance under this heading shall be required to coordinate
    and integrate homeless programs with other mainstream health, social
    services, and employment programs for which homeless populations may be
    eligible, including Medicaid, State Children's Health Insurance
    Program, Temporary Assistance for Needy Families, Food Stamps, and
    services funding through the Mental Health and Substance Abuse Block
    Grant, Workforce Investment Act, and the Welfare-to-Work grant program:
    Provided further, That $12,000,000 of the funds appropriated under this
    heading shall be available for the national homeless data analysis
    project and technical assistance: Provided further, That no less than
    $2,580,000 of the funds appropriated under this heading shall be
    transferred to the Working Capital Fund for the development of and
    modifications to information technology systems which serve programs or
    activities under ``Community planning and development''.

                                Housing Programs

                             housing for the elderly

                          (including transfer of funds)

        For capital advances, including amendments to capital advance
    contracts, for housing for the elderly, as authorized by section 202 of
    the Housing Act of 1959, as amended, and for project rental assistance
    for the elderly under section 202(c)(2) of such Act, including
    amendments to contracts for such assistance and renewal of expiring
    contracts for such assistance for up to a 1-year term, and for
    supportive services associated with the housing, $778,320,000, plus
    recaptures and cancelled commitments, to remain available until
    September 30, 2006, of which amount $30,000,000 shall be for service
    coordinators and the continuation of existing congregate service grants
    for residents of assisted housing projects, and of which amount up to
    $25,000,000 shall be for grants under section 202b of the Housing Act
    of 1959 (12 U.S.C. 1701q-2) for conversion of eligible projects under
    such section to assisted living or related use and for emergency
    capital repairs as determined by the Secretary: Provided, That of the
    amount made available under this heading, $20,000,000 shall be
    available to the Secretary of Housing and Urban Development only for
    making competitive grants to private nonprofit organizations and
    consumer cooperatives for covering costs of architectural and
    engineering work, site control, and other planning relating to the
    development of supportive housing for the elderly that is eligible for
    assistance under section 202 of the Housing Act of 1959 (12 U.S.C.
    1701q): Provided further, That no less than $470,000 shall be
    transferred to the Working Capital Fund for the development of and
    modifications to information technology systems which serve programs or
    activities under ``Housing programs'' or ``Federal Housing
    Administration'': Provided further, That the Secretary may waive the
    provisions of section 202 governing the terms and conditions of project
    rental assistance, except that the initial contract term for such
    assistance shall not exceed 5 years in duration: Provided further, That
    all balances outstanding, as of September 30, 2003, for capital
    advances, including amendments to capital advances, for housing for the
    elderly, as authorized by section 202, for project rental assistance
    for housing for the elderly, as authorized under section 202(c)(2) of
    such Act, including amendments to contracts shall be transferred to and
    merged with the amounts for those purposes under this heading.

                      housing for persons with disabilities

                          (including transfer of funds)

        For capital advance contracts, including amendments to capital
    advance contracts, for supportive housing for persons with
    disabilities, as authorized by section 811 of the Cranston-Gonzalez
    National Affordable Housing Act, for project rental assistance for
    supportive housing for persons with disabilities under section
    811(d)(2) of such Act, including amendments to contracts for such
    assistance and renewal of expiring contracts for such assistance for up
    to a 1-year term, and for supportive services associated with the
    housing for persons with disabilities as authorized by section
    811(b)(1) of such Act, and for tenant-based rental assistance contracts
    entered into pursuant to section 811 of such Act, $250,570,000, plus
    recaptures and cancelled commitments to remain available until
    September 30, 2006: Provided, That no less than $470,000 shall be
    transferred to the Working Capital Fund for the development of and
    modifications to information technology systems which serve programs or
    activities under ``Housing programs'' or ``Federal Housing
    Administration'': Provided further, That of the amount provided under
    this heading, other than amounts for renewal of expiring project-based
    or tenant-based rental assistance contracts, the Secretary may
    designate up to 25 percent for tenant-based rental assistance, as
    authorized by section 811 of such Act, (which assistance is 5 years in
    duration): Provided further, That the Secretary may waive the
    provisions of section 811 governing the terms and conditions of project
    rental assistance and tenant-based assistance, except that the initial
    contract term for such assistance shall not exceed 5 years in duration:
    Provided further, That all balances outstanding, as of September 30,
    2003, for capital advances, including amendments to capital advances,
    for supportive housing for persons with disabilities, as authorized by
    section 811, for project rental assistance for supportive housing for
    persons with disabilities, as authorized under section 811(d)(2),
    including amendments to contracts for such assistance and renewal of
    expiring contracts for such assistance, and for supportive services
    associated with the housing for persons with disabilities as authorized
    by section 811(b)(1), shall be transferred to and merged with the
    amounts for these purposes under this heading.

                              flexible subsidy fund

                               (transfer of funds)

        From the Rental Housing Assistance Fund, all uncommitted balances
    of excess rental charges as of September 30, 2003, and any collections
    made during fiscal year 2004, shall be transferred to the Flexible
    Subsidy Fund, as authorized by section 236(g) of the National Housing
    Act, as amended.

                            rental housing assistance

                                   (rescission)

        Up to $303,000,000 of recaptured section 236 budget authority
    resulting from prepayment of mortgages subsidized under section 236 of
    the National Housing Act (12 U.S.C. 1715z-1) shall be rescinded in
    fiscal year 2004: Provided, That the limitation otherwise applicable to
    the maximum payments that may be required in any fiscal year by all
    contracts entered into under section 236 is reduced in fiscal year 2004
    by not more than $303,000,000 in uncommitted balances of authorizations
    of contract authority provided for this purpose in prior appropriations
    Acts.

                       manufactured housing fees trust fund

        For necessary expenses as authorized by the National Manufactured
    Housing Construction and Safety Standards Act of 1974, as amended (42
    U.S.C. 5401 et seq.), up to $13,000,000 to remain available until
    expended, to be derived from the Manufactured Housing Fees Trust Fund:
    Provided, That not to exceed the total amount appropriated under this
    heading shall be available from the general fund of the Treasury to the
    extent necessary to incur obligations and make expenditures pending the
    receipt of collections to the Fund pursuant to section 620 of such Act:
    Provided further, That the amount made available under this heading
    from the general fund shall be reduced as such collections are received
    during fiscal year 2004 so as to result in a final fiscal year 2004
    appropriation from the general fund estimated at not more than $0 and
    fees pursuant to such section 620 shall be modified as necessary to
    ensure such a final fiscal year 2004 appropriation.

                         Federal Housing Administration

                    mutual mortgage insurance program account

                          (including transfers of funds)

        During fiscal year 2004, commitments to guarantee loans to carry
    out the purposes of section 203(b) of the National Housing Act, as
    amended, shall not exceed a loan principal of $185,000,000,000.
        During fiscal year 2004, obligations to make direct loans to carry
    out the purposes of section 204(g) of the National Housing Act, as
    amended, shall not exceed $50,000,000: Provided, That the foregoing
    amount shall be for loans to nonprofit and governmental entities in
    connection with sales of single family real properties owned by the
    Secretary and formerly insured under the Mutual Mortgage Insurance
    Fund.
        For administrative expenses necessary to carry out the guaranteed
    and direct loan program, $359,000,000, of which not to exceed
    $355,000,000 shall be transferred to the appropriation for ``Salaries
    and expenses''; and not to exceed $4,000,000 shall be transferred to
    the appropriation for ``Office of Inspector General''. In addition, for
    administrative contract expenses, $85,000,000, of which no less than
    $20,744,000 shall be transferred to the Working Capital Fund for the
    development of and modifications to information technology systems
    which serve programs or activities under ``Housing programs'' or
    ``Federal Housing Administration'': Provided, That to the extent
    guaranteed loan commitments exceed $65,500,000,000 on or before April
    1, 2004, an additional $1,400 for administrative contract expenses
    shall be available for each $1,000,000 in additional guaranteed loan
    commitments (including a pro rata amount for any amount below
    $1,000,000), but in no case shall funds made available by this proviso
    exceed $30,000,000.

                     general and special risk program account

                          (including transfers of funds)

        For the cost of guaranteed loans, as authorized by sections 238 and
    519 of the National Housing Act (12 U.S.C. 1715z-3 and 1735c),
    including the cost of loan guarantee modifications, as that term is
    defined in section 502 of the Congressional Budget Act of 1974, as
    amended, $15,000,000, to remain available until expended: Provided,
    That these funds are available to subsidize total loan principal, any
    part of which is to be guaranteed, of up to $25,000,000,000.
        Gross obligations for the principal amount of direct loans, as
    authorized by sections 204(g), 207(l), 238, and 519(a) of the National
    Housing Act, shall not exceed $50,000,000, of which not to exceed
    $30,000,000 shall be for bridge financing in connection with the sale
    of multifamily real properties owned by the Secretary and formerly
    insured under such Act; and of which not to exceed $20,000,000 shall be
    for loans to nonprofit and governmental entities in connection with the
    sale of single-family real properties owned by the Secretary and
    formerly insured under such Act.
        In addition, for administrative expenses necessary to carry out the
    guaranteed and direct loan programs, $229,000,000, of which
    $209,000,000 shall be transferred to the appropriation for ``Salaries
    and expenses''; and of which $20,000,000 shall be transferred to the
    appropriation for ``Office of Inspector General''.
        In addition, for administrative contract expenses necessary to
    carry out the guaranteed and direct loan programs, $93,780,000, of
    which no less than $16,946,000 shall be transferred to the Working
    Capital Fund for the development of and modifications to information
    technology systems which serve programs or activities under ``Housing
    programs'' or ``Federal Housing Administration'': Provided, That to the
    extent guaranteed loan commitments exceed $8,426,000,000 on or before
    April 1, 2004, an additional $1,980 for administrative contract
    expenses shall be available for each $1,000,000 in additional
    guaranteed loan commitments over $8,426,000,000 (including a pro rata
    amount for any increment below $1,000,000), but in no case shall funds
    made available by this proviso exceed $14,400,000.

                    Government National Mortgage Association

         guarantees of mortgage-backed securities loan guarantee program
                                    account

                          (including transfer of funds)

        New commitments to issue guarantees to carry out the purposes of
    section 306 of the National Housing Act, as amended (12 U.S.C.
    1721(g)), shall not exceed $200,000,000,000, to remain available until
    September 30, 2005.
        For administrative expenses necessary to carry out the guaranteed
    mortgage-backed securities program, $10,695,000, to be derived from the
    GNMA guarantees of mortgage-backed securities guaranteed loan receipt
    account, of which not to exceed $10,695,000, shall be transferred to
    the appropriation for ``Salaries and expenses''.

                        Policy Development and Research

                             research and technology

        For contracts, grants, and necessary expenses of programs of
    research and studies relating to housing and urban problems, not
    otherwise provided for, as authorized by title V of the Housing and
    Urban Development Act of 1970, as amended (12 U.S.C. 1701z-1 et seq.),
    including carrying out the functions of the Secretary under section
    1(a)(1)(i) of Reorganization Plan No. 2 of 1968, $47,000,000, to remain
    available until September 30, 2005: Provided, That of the total amount
    provided under this heading, $7,500,000 shall be for the Partnership
    for Advancing Technology in Housing (PATH) Initiative.

                       Fair Housing and Equal Opportunity

                             fair housing activities

        For contracts, grants, and other assistance, not otherwise provided
    for, as authorized by title VIII of the Civil Rights Act of 1968, as
    amended by the Fair Housing Amendments Act of 1988, and section 561 of
    the Housing and Community Development Act of 1987, as amended,
    $48,000,000, to remain available until September 30, 2005, of which
    $20,250,000 shall be to carry out activities pursuant to such section
    561: Provided, That no funds made available under this heading shall be
    used to lobby the executive or legislative branches of the Federal
    Government in connection with a specific contract, grant or loan.

                         Office of Lead Hazard Control

                              lead hazard reduction

        For the Lead Hazard Reduction Program, as authorized by section
    1011 of the Residential Lead-Based Paint Hazard Reduction Act of 1992,
    $175,000,000, to remain available until September 30, 2005, of which
    $10,000,000 shall be for the Healthy Homes Initiative, pursuant to
    sections 501 and 502 of the Housing and Urban Development Act of 1970
    that shall include research, studies, testing, and demonstration
    efforts, including education and outreach concerning lead-based paint
    poisoning and other housing-related diseases and hazards: Provided,
    That of the total amount made available under this heading, $50,000,000
    shall be made available on a competitive basis for areas with the
    highest lead paint abatement needs, as identified by the Secretary as
    having: (1) the highest number of occupied pre-1940 units of rental
    housing; and (2) a disproportionately high number of documented cases
    of lead-poisoned children: Provided further, That each grantee
    receiving funds under the previous proviso shall target those privately
    owned units and multifamily buildings that are occupied by low-income
    families as defined under section 3(b)(2) of the United States Housing
    Act of 1937: Provided further, That not less than 90 percent of the
    funds made available under this paragraph shall be used exclusively for
    abatement, inspections, risk assessments, temporary relocations and
    interim control of lead-based hazards as defined by 42 U.S.C. 4851:
    Provided further, That each recipient of funds provided under the first
    proviso shall make a matching contribution in an amount not less than
    25 percent: Provided further, That each applicant shall submit a
    detailed plan and strategy that demonstrates adequate capacity that is
    acceptable to the Secretary to carry out the proposed use of funds
    pursuant to a Notice of Funding Availability.

                         Management and Administration

                              salaries and expenses

                          (including transfer of funds)

        For necessary administrative and non-administrative expenses of the
    Department of Housing and Urban Development, not otherwise provided
    for, including purchase of uniforms, or allowances therefor, as
    authorized by 5 U.S.C. 5901-5902; hire of passenger motor vehicles;
    services as authorized by 5 U.S.C. 3109; and not to exceed $25,000 for
    official reception and representation expenses, $1,123,130,000, of
    which $564,000,000 shall be provided from the various funds of the
    Federal Housing Administration, $10,695,000 shall be provided from
    funds of the Government National Mortgage Association, $1,000,000 shall
    be provided from the ``Community development loan guarantees program''
    account, $150,000 shall be provided by transfer from the ``Native
    American housing block grants'' account, $250,000 shall be provided by
    transfer from the ``Indian housing loan guarantee fund program''
    account and $35,000 shall be transferred from the ``Native Hawaiian
    housing loan guarantee fund'' account: Provided, That funds made
    available under this heading shall only be allocated in the manner
    specified in the report accompanying this Act unless the Committees on
    Appropriations of both the House of Representatives and the Senate are
    notified of any changes in an operating plan or reprogramming: Provided
    further, That no official or employee of the Department shall be
    designated as an allotment holder unless the Office of the Chief
    Financial Officer (OCFO) has determined that such allotment holder has
    implemented an adequate system of funds control and has received
    training in funds control procedures and directives: Provided further,
    That the Chief Financial Officer shall establish positive control of
    and maintain adequate systems of accounting for appropriations and
    other available funds as required by 31 U.S.C. 1514: Provided further,
    That for purposes of funds control and determining whether a violation
    exists under the Anti-Deficiency Act (31 U.S.C. 1341 et seq.), the
    point of obligation shall be the executed agreement or contract, except
    with respect to insurance and guarantee programs, certain types of
    salaries and expenses funding, and incremental funding that is
    authorized under an executed agreement or contract, and shall be
    designated in the approved funds control plan: Provided further, That
    the Chief Financial Officer shall: (1) appoint qualified personnel to
    conduct investigations of potential or actual violations; (2) establish
    minimum training requirements and other qualifications for personnel
    that may be appointed to conduct investigations; (3) establish
    guidelines and timeframes for the conduct and completion of
    investigations; (4) prescribe the content, format and other
    requirements for the submission of final reports on violations; and (5)
    prescribe such additional policies and procedures as may be required
    for conducting investigations of, and administering, processing, and
    reporting on, potential and actual violations of the Anti-Deficiency
    Act and all other statutes and regulations governing the obligation and
    expenditure of funds made available in this or any other Act: Provided
    further, That the Secretary shall fill 7 out of 10 vacancies at the GS-
    14 and GS-15 levels until the total number of GS-14 and GS-15 positions
    in the Department has been reduced from the number of GS-14 and GS-15
    positions on the date of enactment of Public Law 106-377 by 2\1/2\
    percent.
        The tenth proviso under this heading in the Departments of Veterans
    Affairs and Housing and Urban Development, and Independent Agencies
    Appropriations Act, 2003, is amended by striking ``the purpose of'' and
    inserting ``purposes of funds control and'' and before the colon insert
    the following ``, except with respect to insurance and guarantee
    programs, certain types of salaries and expenses funding, and
    incremental funding that is authorized under an executed agreement or
    contract''.

                               working capital fund

        For additional capital for the Working Capitol Fund (42 U.S.C.
    3535) for the development of, modifications to, and infrastructure for
    Department-wide information technology systems, and for the continuing
    operation of both Department-wide and program-specific information
    systems, $235,000,000, to remain available until September 30, 2005:
    Provided, That any amounts transferred to this Fund under this Act
    shall remain available until expended.

                           office of inspector general

                          (including transfer of funds)

        For necessary expenses of the Office of Inspector General in
    carrying out the Inspector General Act of 1978, as amended,
    $101,000,000, of which $24,000,000 shall be provided from the various
    funds of the Federal Housing Administration: Provided, That the
    Inspector General shall have independent authority over all personnel
    issues within this office: Provided further, That no less than $300,000
    shall be transferred to the Working Capital Fund for the development of
    and modifications to information technology systems for the Office of
    Inspector General.

                              consolidated fee fund

                                   (rescission)

        All unobligated balances remaining available from fees and charges
    under section 7(j) of the Department of Housing and Urban Development
    Act on October 1, 2003 are rescinded.

                 Office of Federal Housing Enterprise Oversight

                              salaries and expenses

                          (including transfer of funds)

        For carrying out the Federal Housing Enterprises Financial Safety
    and Soundness Act of 1992, including not to exceed $500 for official
    reception and representation expenses, $39,915,000, to remain available
    until expended, to be derived from the Federal Housing Enterprises
    Oversight Fund: Provided, That of the amount made available under this
    heading, $4,500,000 is for 1-time costs to conduct special
    investigations of the Federal housing enterprises and $3,000,000 is for
    costs associated with strengthening the examination and legal
    functions: Provided further, That the Secretary shall submit a spending
    plan for the amounts provided under this heading no later than January
    15, 2004: Provided further, That not less than 60 percent of total
    amount made available under this heading shall be used only for
    examination, supervision, and capital oversight of the enterprises (as
    such term is defined in section 1303 of the Federal Housing Enterprises
    Financial Safety and Soundness Act of 1992 (12 U.S.C. 4502)) to ensure
    that the enterprises are operating in a financially safe and sound
    manner and complying with the capital requirements under subtitle B of
    such Act: Provided further, That not to exceed the amount provided
    herein shall be available from the general fund of the Treasury to the
    extent necessary to incur obligations and make expenditures pending the
    receipt of collections to the fund: Provided further, That the general
    fund amount shall be reduced as collections are received during the
    fiscal year so as to result in a final appropriation from the general
    fund estimated at not more than $0.

                           Administrative Provisions

        Sec. 201. Fifty percent of the amounts of budget authority, or in
    lieu thereof 50 percent of the cash amounts associated with such budget
    authority, that are recaptured from projects described in section
    1012(a) of the Stewart B. McKinney Homeless Assistance Amendments Act
    of 1988 (42 U.S.C. 1437 note) shall be rescinded, or in the case of
    cash, shall be remitted to the Treasury, and such amounts of budget
    authority or cash recaptured and not rescinded or remitted to the
    Treasury shall be used by State housing finance agencies or local
    governments or local housing agencies with projects approved by the
    Secretary of Housing and Urban Development for which settlement
    occurred after January 1, 1992, in accordance with such section.
    Notwithstanding the previous sentence, the Secretary may award up to 15
    percent of the budget authority or cash recaptured and not rescinded or
    remitted to the Treasury to provide project owners with incentives to
    refinance their project at a lower interest rate.
        Sec. 202. None of the amounts made available under this Act may be
    used during fiscal year 2004 to investigate or prosecute under the Fair
    Housing Act any otherwise lawful activity engaged in by one or more
    persons, including the filing or maintaining of a non-frivolous legal
    action, that is engaged in solely for the purpose of achieving or
    preventing action by a Government official or entity, or a court of
    competent jurisdiction.
        Sec. 203. (a) Notwithstanding section 854(c)(1)(A) of the AIDS
    Housing Opportunity Act (42 U.S.C. 12903(c)(1)(A)), from any amounts
    made available under this title for fiscal year 2004 that are allocated
    under such section, the Secretary of Housing and Urban Development
    shall allocate and make a grant, in the amount determined under
    subsection (b), for any State that--
            (1) received an allocation in a prior fiscal year under clause
        (ii) of such section; and
            (2) is not otherwise eligible for an allocation for fiscal year
        2004 under such clause (ii) because the areas in the State outside
        of the metropolitan statistical areas that qualify under clause (i)
        in fiscal year 2004 do not have the number of cases of acquired
        immunodeficiency syndrome (AIDS) required under such clause.
        (b) The amount of the allocation and grant for any State described
    in subsection (a) shall be an amount based on the cumulative number of
    AIDS cases in the areas of that State that are outside of metropolitan
    statistical areas that qualify under clause (i) of such section
    854(c)(1)(A) in fiscal year 2004, in proportion to AIDS cases among
    cities and States that qualify under clauses (i) and (ii) of such
    section and States deemed eligible under subsection (a).
        Sec. 204. (a) During fiscal year 2004, in the provision of rental
    assistance under section 8(o) of the United States Housing Act of 1937
    (42 U.S.C. 1437f(o)) in connection with a program to demonstrate the
    economy and effectiveness of providing such assistance for use in
    assisted living facilities that is carried out in the counties of the
    State of Michigan specified in subsection (b) of this section,
    notwithstanding paragraphs (3) and (18)(B)(iii) of such section 8(o), a
    family residing in an assisted living facility in any such county, on
    behalf of which a public housing agency provides assistance pursuant to
    section 8(o)(18) of such Act, may be required, at the time the family
    initially receives such assistance, to pay rent in an amount exceeding
    40 percent of the monthly adjusted income of the family by such a
    percentage or amount as the Secretary of Housing and Urban Development
    determines to be appropriate.
        (b) The counties specified in this subsection are Oakland County,
    Macomb County, Wayne County, and Washtenaw County, in the State of
    Michigan.
        Sec. 205. Except as explicitly provided in law, any grant,
    cooperative agreement or other assistance made pursuant to title II of
    this Act shall be made on a competitive basis and in accordance with
    section 102 of the Department of Housing and Urban Development Reform
    Act of 1989.
        Sec. 206. Funds of the Department of Housing and Urban Development
    subject to the Government Corporation Control Act or section 402 of the
    Housing Act of 1950 shall be available, without regard to the
    limitations on administrative expenses, for legal services on a
    contract or fee basis, and for utilizing and making payment for
    services and facilities of the Federal National Mortgage Association,
    Government National Mortgage Association, Federal Home Loan Mortgage
    Corporation, Federal Financing Bank, Federal Reserve banks or any
    member thereof, Federal Home Loan banks, and any insured bank within
    the meaning of the Federal Deposit Insurance Corporation Act, as
    amended (12 U.S.C. 1811-1831).
        Sec. 207. Unless otherwise provided for in this Act or through a
    reprogramming of funds, no part of any appropriation for the Department
    of Housing and Urban Development shall be available for any program,
    project or activity in excess of amounts set forth in the budget
    estimates submitted to Congress.
        Sec. 208. Corporations and agencies of the Department of Housing
    and Urban Development which are subject to the Government Corporation
    Control Act, as amended, are hereby authorized to make such
    expenditures, within the limits of funds and borrowing authority
    available to each such corporation or agency and in accordance with
    law, and to make such contracts and commitments without regard to
    fiscal year limitations as provided by section 104 of such Act as may
    be necessary in carrying out the programs set forth in the budget for
    2003 for such corporation or agency except as hereinafter provided:
    Provided, That collections of these corporations and agencies may be
    used for new loan or mortgage purchase commitments only to the extent
    expressly provided for in this Act (unless such loans are in support of
    other forms of assistance provided for in this or prior appropriations
    Acts), except that this proviso shall not apply to the mortgage
    insurance or guaranty operations of these corporations, or where loans
    or mortgage purchases are necessary to protect the financial interest
    of the United States Government.
        Sec. 209. None of the funds provided in this title for technical
    assistance, training, or management improvements may be obligated or
    expended unless HUD provides to the Committees on Appropriations a
    description of each proposed activity and a detailed budget estimate of
    the costs associated with each program, project or activity as part of
    the Budget Justifications. For fiscal year 2004, HUD shall transmit
    this information to the Committees by January 15, 2004, for 30 days of
    review.
        Sec. 210. A public housing agency or such other entity that
    administers Federal housing assistance in the States of Alaska, Iowa,
    and Mississippi, shall not be required to include a resident of public
    housing or a recipient of assistance provided under section 8 of the
    United States Housing Act of 1937 on the board of directors or a
    similar governing board of such agency or entity as required under
    section (2)(b) of such Act. Each public housing agency or other entity
    that administers Federal housing assistance under section 8 in the
    States of Alaska, Iowa, and Mississippi, shall establish an advisory
    board of not less than 6 residents of public housing or recipients of
    section 8 assistance to provide advice and comment to the public
    housing agency or other administering entity on issues related to
    public housing and section 8. Such advisory board shall meet not less
    than quarterly.
        Sec. 211. The Secretary of Housing and Urban Development shall
    provide quarterly reports to the House and Senate Committees on
    Appropriations regarding all uncommitted, unobligated, recaptured and
    excess funds in each program and activity within the jurisdiction of
    the Department and shall submit additional, updated budget information
    to these Committees upon request.
        Sec. 212. Notwithstanding any other provision of law, in fiscal
    year 2004, in managing and disposing of any multifamily property that
    is owned or held by the Secretary and is occupied primarily by elderly
    or disabled families, the Secretary of Housing and Urban Development
    shall maintain any rental assistance payments under section 8 of the
    United States Housing Act of 1937 that are attached to any dwelling
    units in the property. To the extent the Secretary determines that such
    a multifamily property owned or held by the Secretary is not feasible
    for continued rental assistance payments under such section 8, the
    Secretary may, in consultation with the tenants of that property,
    contract for project-based rental assistance payments with an owner or
    owners of other existing housing properties or provide other rental
    assistance.
        Sec. 213. The Secretary of Housing and Urban Development shall
    submit an annual report no later than August 30, 2004, and annually
    thereafter to the House and Senate Committees on Appropriations
    regarding the number of Federally assisted units under lease and the
    per unit cost of these units to the Department of Housing and Urban
    Development.
        Sec. 214. (a) Notwithstanding any other provision of law, the
    amount allocated for fiscal year 2004 under section 854(c) of the AIDS
    Housing Opportunity Act (42 U.S.C. 12903(c)), to the City of
    Wilmington, Delaware, on behalf of the Wilmington, Delaware-Maryland-
    New Jersey Metropolitan Division (hereafter ``metropolitan division'')
    of the Philadelphia-Camden-Wilmington, PA-NJ-DE-MD Metropolitan
    Statistical Area, shall be adjusted by the Secretary of Housing and
    Urban Development by allocating to the State of New Jersey the
    proportion of the metropolitan area's or division's amount that is
    based on the number of cases of AIDS reported in the portion of the
    metropolitan area or division that is located in New Jersey. The State
    of New Jersey shall use amounts allocated to the State under this
    subsection to carry out eligible activities under section 855 of the
    AIDS Housing Opportunity Act (42 U.S.C. 12904) in the portion of the
    metropolitan division that is located in New Jersey.
        (b) Notwithstanding any other provision of law, the Secretary of
    Housing and Urban Development shall allocate to Wake County, North
    Carolina, the amounts that otherwise would be allocated for fiscal year
    2004 under section 854(c) of the AIDS Housing Opportunity Act (42
    U.S.C. 12903(c)) to the City of Raleigh, North Carolina, on behalf of
    the Raleigh-Cary, North Carolina Metropolitan Statistical Area. Any
    amounts allocated to Wake County shall be used to carry out eligible
    activities under section 855 of such Act (42 U.S.C. 12904) within such
    metropolitan statistical area.
        Sec. 215. Section 224 of the National Housing Act (12 U.S.C. 1735o)
    is amended by adding the following new sentence at the end of the first
    paragraph: ``Notwithstanding the preceding sentence and the following
    paragraph, if an insurance claim is paid in cash for any mortgage that
    is insured under section 203 or 234 of this Act and is endorsed for
    mortgage insurance after the date of enactment of this sentence, the
    debenture interest rate for purposes of calculating such a claim shall
    be the monthly average yield, for the month in which the default on the
    mortgage occurred, on United States Treasury Securities adjusted to a
    constant maturity of 10 years.''.
        Sec. 216. The McKinney-Vento Homeless Assistance Act (42 U.S.C.
    11301 et seq.) is amended--
            (1) in section 101(b), by striking ``Interagency Council on the
        Homeless'' and inserting ``United States Interagency Council on
        Homelessness'';
            (2) in section 102(b)(1), by striking ``an Interagency Council
        on the Homeless'' and inserting ``the United States Interagency
        Council on Homelessness'';
            (3) in the heading for title II, by striking ``INTERAGENCY
        COUNCIL ON THE HOMELESS'' and inserting ``UNITED STATES INTERAGENCY
        COUNCIL ON HOMELESSNESS''; and
            (4) in sections 201, 207(1), 501(c)(2)(a), and 501(d)(3), by
        striking ``Interagency Council on the Homeless'' and inserting
        ``United States Interagency Council on Homelessness''.
        Sec. 217. (a) Information Comparisons for Public and Assisted
    Housing Programs.--Section 453(j) of the Social Security Act (42 U.S.C.
    653(j)) is amended by adding at the end the following new paragraph:
            ``(7) Information comparisons for housing assistance
        programs.--
                ``(A) Furnishing of information by hud.--Subject to
            subparagraph (G), the Secretary of Housing and Urban
            Development shall furnish to the Secretary, on such periodic
            basis as determined by the Secretary of Housing and Urban
            Development in consultation with the Secretary, information in
            the custody of the Secretary of Housing and Urban Development
            for comparison with information in the National Directory of
            New Hires, in order to obtain information in such Directory
            with respect to individuals who are participating in any
            program under--
                    ``(i) the United States Housing Act of 1937 (42 U.S.C.
                1437 et seq.);
                    ``(ii) section 202 of the Housing Act of 1959 (12
                U.S.C. 1701q);
                    ``(iii) section 221(d)(3), 221(d)(5), or 236 of the
                National Housing Act (12 U.S.C. 1715l(d) and 1715z-1);
                    ``(iv) section 811 of the Cranston-Gonzalez National
                Affordable Housing Act (42 U.S.C. 8013); or
                    ``(v) section 101 of the Housing and Urban Development
                Act of 1965 (12 U.S.C. 1701s).
                ``(B) Requirement to seek minimum information.--The
            Secretary of Housing and Urban Development shall seek
            information pursuant to this section only to the extent
            necessary to verify the employment and income of individuals
            described in subparagraph (A).
                ``(C) Duties of the secretary.--
                    ``(i) Information disclosure.--The Secretary, in
                cooperation with the Secretary of Housing and Urban
                Development, shall compare information in the National
                Directory of New Hires with information provided by the
                Secretary of Housing and Urban Development with respect to
                individuals described in subparagraph (A), and shall
                disclose information in such Directory regarding such
                individuals to the Secretary of Housing and Urban
                Development, in accordance with this paragraph, for the
                purposes specified in this paragraph.
                    ``(ii) Condition on disclosure.--The Secretary shall
                make disclosures in accordance with clause (i) only to the
                extent that the Secretary determines that such disclosures
                do not interfere with the effective operation of the
                program under this part.
                ``(D) Use of information by hud.--The Secretary of Housing
            and Urban Development may use information resulting from a data
            match pursuant to this paragraph only--
                    ``(i) for the purpose of verifying the employment and
                income of individuals described in subparagraph (A); and
                    ``(ii) after removal of personal identifiers, to
                conduct analyses of the employment and income reporting of
                individuals described in subparagraph (A).
                ``(E) Disclosure of information by hud.--
                    ``(i) Purpose of disclosure.--The Secretary of Housing
                and Urban Development may make a disclosure under this
                subparagraph only for the purpose of verifying the
                employment and income of individuals described in
                subparagraph (A).
                    ``(ii) Disclosures permitted.--Subject to clause (iii),
                the Secretary of Housing and Urban Development may disclose
                information resulting from a data match pursuant to this
                paragraph only to a public housing agency, the Inspector
                General of the Department of Housing and Urban Development,
                and the Attorney General in connection with the
                administration of a program described in subparagraph (A).
                Information obtained by the Secretary of Housing and Urban
                Development pursuant to this paragraph shall not be made
                available under section 552 of title 5, United States Code.
                    ``(iii) Conditions on disclosure.--Disclosures under
                this paragraph shall be--

                        ``(I) made in accordance with data security and
                    control policies established by the Secretary of
                    Housing and Urban Development and approved by the
                    Secretary;
                        ``(II) subject to audit in a manner satisfactory to
                    the Secretary; and
                        ``(III) subject to the sanctions under subsection
                    (l)(2).

                    ``(iv) Additional disclosures.--

                        ``(I) Determination by secretaries.--The Secretary
                    of Housing and Urban Development and the Secretary
                    shall determine whether to permit disclosure of
                    information under this paragraph to persons or entities
                    described in subclause (II), based on an evaluation
                    made by the Secretary of Housing and Urban Development
                    (in consultation with and approved by the Secretary),
                    of the costs and benefits of disclosures made under
                    clause (ii) and the adequacy of measures used to
                    safeguard the security and confidentiality of
                    information so disclosed.
                        ``(II) Permitted persons or entities.--If the
                    Secretary of Housing and Urban Development and the
                    Secretary determine pursuant to subclause (I) that
                    disclosures to additional persons or entities shall be
                    permitted, information under this paragraph may be
                    disclosed by the Secretary of Housing and Urban
                    Development to a private owner, a management agent, and
                    a contract administrator in connection with the
                    administration of a program described in subparagraph
                    (A), subject to the conditions in clause (iii) and such
                    additional conditions as agreed to by the Secretaries.

                    ``(v) Restrictions on redisclosure.--A person or entity
                to which information is disclosed under this subparagraph
                may use or disclose such information only as needed for
                verifying the employment and income of individuals
                described in subparagraph (A), subject to the conditions in
                clause (iii) and such additional conditions as agreed to by
                the Secretaries.
                ``(F) Reimbursement of hhs costs.--The Secretary of Housing
            and Urban Development shall reimburse the Secretary, in
            accordance with subsection (k)(3), for the costs incurred by
            the Secretary in furnishing the information requested under
            this paragraph.
                ``(G) Consent.--The Secretary of Housing and Urban
            Development shall not seek, use, or disclose information under
            this paragraph relating to an individual without the prior
            written consent of such individual (or of a person legally
            authorized to consent on behalf of such individual).''.
        (b) Consent to Information Comparison and Use as Condition of Hud
    Program Eligibility.--As a condition of participating in any program
    authorized under--
            (1) the United States Housing Act of 1937 (42 U.S.C. 1437 et
        seq.);
            (2) section 202 of the Housing Act of 1959 (12 U.S.C. 1701q);
            (3) section 221(d)(3), 221(d)(5), or 236 of the National
        Housing Act (12 U.S.C. 1715l(d) and 1715z-1);
            (4) section 811 of the Cranston-Gonzalez National Affordable
        Housing Act (42 U.S.C. 8013); or
            (5) section 101 of the Housing and Urban Development Act of
        1965 (12 U.S.C. 1701s),
    the Secretary of Housing and Urban Development may require consent by
    an individual (or by a person legally authorized to consent on behalf
    of such individual) for such Secretary to obtain, use, and disclose
    information with respect to such individual in accordance with section
    453(j)(7) of the Social Security Act (42 U.S.C. 653(j)(7)).
        Sec. 218. Notwithstanding any other provision of law, the State of
    Hawaii may elect by July 31, 2004 to distribute funds under section
    106(d)(2) of the Housing and Community Development Act of 1974, to
    units of general local government located in nonentitlement areas of
    that State. If the State of Hawaii fails to make such election, the
    Secretary shall for fiscal years 2005 and thereafter make grants to the
    units of general local government located in the State of Hawaii's
    nonentitlement areas (Hawaii, Kauai, and Maui counties). The Secretary
    of Housing and Urban Development shall allocate funds under section
    106(d) of such Act to units of general local government located in
    nonentitlement areas within the State of Hawaii in accordance with a
    formula which bears the same ratio to the total amount available for
    the nonentitlement areas of the State as the weighted average of the
    ratios between: (1) the population of that eligible unit of general
    local government and the population of all eligible units of general
    local government in the nonentitlement areas of the State; (2) the
    extent of poverty in that eligible unit of general local government and
    the extent of poverty in all of the eligible units of general local
    government in the nonentitlement areas of the State; and (3) the extent
    of housing overcrowding in that eligible unit of general local
    government and the extent of housing overcrowding in all of the
    eligible units of general local government in the nonentitlement areas
    of the State. In determining the weighted average of the ratios
    described in the previous sentence, the ratio described in clause (2)
    shall be counted twice and the ratios described in clauses (1) and (3)
    shall be counted once. Notwithstanding any other provision, grants made
    under this section shall be subject to the program requirements of
    section 104 of the Housing and Community Development Act of 1974 in the
    same manner as such requirements are made applicable to grants made
    under section 106(b) of the Housing and Community Development Act of
    1974.
        Sec. 219. The Secretary of Housing and Urban Development shall
    issue a proposed rulemaking, in accordance with title V, United States
    Code, not later than 90 days from the date of enactment of this Act
    that--
            (1) addresses and expands, as necessary, the participation and
        certification requirements for the sale of HUD-owned multifamily
        housing projects and the foreclosure sale of any multifamily
        housing securing a mortgage held by the Secretary, including
        whether a potential purchaser is in substantial compliance with
        applicable State or local government housing statutes, regulations,
        ordinances and codes with regard to other properties owned by the
        purchaser; and
            (2) requires any state, city, or municipality that exercises
        its right of first refusal for the purchase of a multifamily
        housing project under section 203 of the Housing and Community
        Development Amendments of 1978 (12 U.S.C. 1701z-11(i)) to ensure
        that potential purchasers of the project from the state, city, or
        municipality are subject to the same standards that they would
        otherwise be subject to if they had purchased the project directly
        from the Secretary, including whether a potential purchaser is in
        substantial compliance with applicable State or local government
        housing statutes, regulations, ordinances and codes with regard to
        other properties owned by the purchaser.
        Sec. 220. Section 217 of Public Law 107-73 is amended by striking
    ``the rehabilitation'' and inserting ``redevelopment, including
    demolition and new construction''.
        Sec. 221. Notwithstanding any other provision of law, funds
    appropriated for the housing for the elderly, as authorized by section
    202 of the Housing Act of 1959, as amended, and for supportive housing
    for persons with disabilities, as authorized by section 811 of the
    Cranston-Gonzalez National Affordable Housing Act, shall be available
    for the cost of maintaining and disposing of such properties that are
    acquired or otherwise become the responsibility of the Department.
        Sec. 222. The Secretary of Housing and Urban Development shall
    conduct negotiated rulemaking with representatives from interested
    parties for purposes of any changes to the formula governing the Public
    Housing Operating Fund. A final rule shall be issued no later than July
    1, 2004.
        Sec. 223. The Department of Housing and Urban Development shall
    submit the Department's fiscal year 2005 congressional budget
    justifications to the Committees on Appropriations of the House of
    Representatives and the Senate using the identical structure provided
    under this Act and only in accordance with the direction included in
    the joint explanatory statement of the managers accompanying this Act.

                        TITLE III--INDEPENDENT AGENCIES

                      American Battle Monuments Commission

                              salaries and expenses

        For necessary expenses, not otherwise provided for, of the American
    Battle Monuments Commission, including the acquisition of land or
    interest in land in foreign countries; purchases and repair of uniforms
    for caretakers of national cemeteries and monuments outside of the
    United States and its territories and possessions; rent of office and
    garage space in foreign countries; purchase (one for replacement only)
    and hire of passenger motor vehicles; and insurance of official motor
    vehicles in foreign countries, when required by law of such countries,
    $41,300,000, to remain available until expended.

                 Chemical Safety and Hazard Investigation Board

                              SALARIES AND EXPENSES

        For necessary expenses in carrying out activities pursuant to
    section 112(r)(6) of the Clean Air Act, as amended, including hire of
    passenger vehicles, uniforms or allowances therefore, as authorized by
    5 U.S.C. 5901-5902, and for services authorized by 5 U.S.C. 3109 but at
    rates for individuals not to exceed the per diem equivalent to the
    maximum rate payable for senior level positions under 5 U.S.C. 5376,
    $8,250,000: Provided, That the Chemical Safety and Hazard Investigation
    Board (Board) shall have not more than three career Senior Executive
    Service positions: Provided further, That notwithstanding any other
    provision of law, the individual appointed to the position of Inspector
    General of the Environmental Protection Agency (EPA) shall, by virtue
    of such appointment, also hold the position of Inspector General of the
    Board: Provided further, That notwithstanding any other provision of
    law, the Inspector General of the Board shall utilize personnel of the
    Office of Inspector General of EPA in performing the duties of the
    Inspector General of the Board, and shall not appoint any individuals
    to positions within the Board.

                                  emergency fund

        For necessary expenses of the Chemical Safety and Hazard
    Investigation Board for accident investigations not otherwise provided
    for, $450,000, to remain available until expended.

                           Department of the Treasury

                  Community Development Financial Institutions

        community development financial institutions fund program account

        To carry out the Community Development Banking and Financial
    Institutions Act of 1994, including services authorized by 5 U.S.C.
    3109, but at rates for individuals not to exceed the per diem rate
    equivalent to the rate for ES-3, $61,000,000, to remain available until
    September 30, 2005, of which $4,000,000 shall be for financial
    assistance, technical assistance, training and outreach programs
    designed to benefit Native American, Native Hawaiian, and Alaskan
    Native communities and provided primarily through qualified community
    development lender organizations with experience and expertise in
    community development banking and lending in Indian country, Native
    American organizations, tribes and tribal organizations and other
    suitable providers, and up to $12,000,000 may be used for
    administrative expenses, including administration of the New Markets
    Tax Credit, up to $6,000,000 may be used for the cost of direct loans,
    and up to $250,000 may be used for administrative expenses to carry out
    the direct loan program: Provided, That the cost of direct loans,
    including the cost of modifying such loans, shall be as defined in
    section 502 of the Congressional Budget Act of 1974, as amended:
    Provided further, That these funds are available to subsidize gross
    obligations for the principal amount of direct loans not to exceed
    $11,000,000.

                       Consumer Product Safety Commission

                              salaries and expenses

        For necessary expenses of the Consumer Product Safety Commission,
    including hire of passenger motor vehicles, services as authorized by 5
    U.S.C. 3109, but at rates for individuals not to exceed the per diem
    rate equivalent to the maximum rate payable under 5 U.S.C. 5376,
    purchase of nominal awards to recognize non-Federal officials'
    contributions to Commission activities, and not to exceed $500 for
    official reception and representation expenses, $60,000,000.

                 Corporation for National and Community Service

            national and community service programs operating expenses

                          (including transfer of funds)

        For necessary expenses for the Corporation for National and
    Community Service (the ``Corporation'') in carrying out programs,
    activities, and initiatives under the National and Community Service
    Act of 1990 (the ``Act'') (42 U.S.C. 12501 et seq.), $553,225,000, to
    remain available until September 30, 2005: Provided, That not more than
    $314,000,000 of the amount provided under this heading shall be
    available for grants under the National Service Trust Program
    authorized under subtitle C of title I of the Act (42 U.S.C. 12571 et
    seq.) (relating to activities of the AmeriCorps program), including
    grants to organizations operating projects under the AmeriCorps
    Education Awards Program (without regard to the requirements of
    sections 121(d) and (e), section 131(e), section 132, and sections
    140(a), (d), and (e) of the Act): Provided further, That not less than
    $130,000,000 of the amount provided under this heading, to remain
    available without fiscal year limitation, shall be transferred to the
    National Service Trust for educational awards authorized under subtitle
    D of title I of the Act (42 U.S.C. 12601), of which up to $5,000,000
    shall be available to support national service scholarships for high
    school students performing community service, and of which $10,000,000
    shall be held in reserve as defined in Public Law 108-45: Provided
    further, That in addition to amounts otherwise provided to the National
    Service Trust under the second proviso, the Corporation may transfer
    funds from the amount provided under the first proviso, to the National
    Service Trust authorized under subtitle D of title I of the Act (42
    U.S.C. 12601) upon determination that such transfer is necessary to
    support the activities of national service participants and after
    notice is transmitted to Congress: Provided further, That of the amount
    provided under this heading for grants under the National Service Trust
    program authorized under subtitle C of title I of the Act, not more
    than $55,000,000 may be used to administer, reimburse, or support any
    national service program authorized under section 121(d)(2) of such Act
    (42 U.S.C. 12581(d)(2)): Provided further, That not more than
    $11,225,000 shall be available for quality and innovation activities
    authorized under subtitle H of title I of the Act (42 U.S.C. 12853 et
    seq.), of which $3,000,000 shall be available for challenge grants to
    non-profit organizations: Provided further, That notwithstanding
    subtitle H of title I of the Act (42 U.S.C. 12853), none of the funds
    provided under the previous proviso shall be used to support salaries
    and related expenses (including travel) attributable to Corporation
    employees: Provided further, That to the maximum extent feasible, funds
    appropriated under subtitle C of title I of the Act shall be provided
    in a manner that is consistent with the recommendations of peer review
    panels in order to ensure that priority is given to programs that
    demonstrate quality, innovation, replicability, and sustainability:
    Provided further, That not less than $25,000,000 of the funds made
    available under this heading shall be available for the Civilian
    Community Corps authorized under subtitle E of title I of the Act (42
    U.S.C. 12611 et seq.): Provided further, That not more than $43,000,000
    shall be available for school-based and community-based service-
    learning programs authorized under subtitle B of title I of the Act (42
    U.S.C. 12521 et seq.): Provided further, That not more than $3,000,000
    shall be available for audits and other evaluations authorized under
    section 179 of the Act (42 U.S.C. 12639): Provided further, That not
    more than $10,000,000 of the funds made available under this heading
    shall be made available for the Points of Light Foundation for
    activities authorized under title III of the Act (42 U.S.C. 12661 et
    seq.), of which not more than $2,500,000 may be used to support an
    endowment fund, the corpus of which shall remain intact and the
    interest income from which shall be used to support activities
    described in title III of the Act, provided that the Foundation may
    invest the corpus and income in federally insured bank savings accounts
    or comparable interest bearing accounts, certificates of deposit, money
    market funds, mutual funds, obligations of the United States, and other
    market instruments and securities but not in real estate investments:
    Provided further, That no funds shall be available for national service
    programs run by Federal agencies authorized under section 121(b) of
    such Act (42 U.S.C. 12571(b)): Provided further, That not more than
    $5,000,000 of the funds made available under this heading shall be made
    available to America's Promise--The Alliance for Youth, Inc.: Provided
    further, That to the maximum extent practicable, the Corporation shall
    increase significantly the level of matching funds and in-kind
    contributions provided by the private sector, and shall reduce the
    total Federal costs per participant in all programs.

                              SALARIES AND EXPENSES

        For necessary expenses of administration as provided under section
    501(a)(4) of the National and Community Service Act of 1990 (42 U.S.C.
    12501 et seq.) including payment of salaries, authorized travel, hire
    of passenger motor vehicles, the rental of conference rooms in the
    District of Columbia, the employment of experts and consultants
    authorized under 5 U.S.C. 3109, and not to exceed $2,500 for official
    reception and representation expenses, $25,000,000.

                           office of inspector general

        For necessary expenses of the Office of Inspector General in
    carrying out the Inspector General Act of 1978, as amended, $6,250,000,
    to remain available until September 30, 2005.

                            administrative provisions

        Notwithstanding any other provision of law, the term ``qualified
    student loan'' with respect to national service education awards shall
    mean any loan determined by an institution of higher education to be
    necessary to cover a student's cost of attendance at such institution
    and made, insured, or guaranteed directly to a student by a State
    agency, in addition to other meanings under section 148(b)(7) of the
    National and Community Service Act.
        Notwithstanding any other provision of law, funds made available
    under section 129(d)(5)(B) of the National and Community Service Act to
    assist entities in placing applicants who are individuals with
    disabilities may be provided to any entity that receives a grant under
    section 121 of the Act.
        The Inspector General of the Corporation for National and Community
    Service shall conduct random audits of the grantees that administer
    activities under the AmeriCorps programs and shall levy sanctions in
    accordance with standard Inspector General audit resolution procedures
    which include, but are not limited to, debarment of any grantee (or
    successor in interest or any entity with substantially the same person
    or persons in control) that has been determined to have committed any
    substantial violations of the requirements of the AmeriCorps programs,
    including any grantee that has been determined to have violated the
    prohibition of using Federal funds to lobby the Congress: Provided,
    That the Inspector General shall obtain reimbursements in the amount of
    any misused funds from any grantee that has been determined to have
    committed any substantial violations of the requirements of the
    AmeriCorps programs.
        For fiscal year 2004, the Corporation shall make any significant
    changes to program requirements or policy only through public notice
    and comment rulemaking. For fiscal year 2004, during any grant
    selection process, no officer or employee of the Corporation shall
    knowingly disclose any covered grant selection information regarding
    such selection, directly or indirectly, to any person other than an
    officer or employee of the Corporation that is authorized by the
    Corporation to receive such information.

                   U.S. Court of Appeals for Veterans Claims

                              salaries and expenses

        For necessary expenses for the operation of the United States Court
    of Appeals for Veterans Claims as authorized by 38 U.S.C. 7251-7298,
    $15,938,000 of which $1,175,000 shall be available for the purpose of
    providing financial assistance as described, and in accordance with the
    process and reporting procedures set forth, under this heading in
    Public Law 102-229.

                          Department of Defense--Civil

                           Cemeterial Expenses, Army

                              salaries and expenses

        For necessary expenses, as authorized by law, for maintenance,
    operation, and improvement of Arlington National Cemetery and Soldiers'
    and Airmen's Home National Cemetery, including the purchase of one
    passenger motor vehicle for replacement only, and not to exceed $1,000
    for official reception and representation expenses, $29,000,000, to
    remain available until expended.

                    Department of Health and Human Services

                         National Institutes of Health

               national institute of environmental health sciences

        For necessary expenses for the National Institute of Environmental
    Health Sciences in carrying out activities set forth in section 311(a)
    of the Comprehensive Environmental Response, Compensation, and
    Liability Act of 1980, as amended, and section 126(g) of the Superfund
    Amendments and Reauthorization Act of 1986, $78,774,000.

                Agency for Toxic Substances and Disease Registry

                 toxic substances and environmental public health

        For necessary expenses for the Agency for Toxic Substances and
    Disease Registry (ATSDR) in carrying out activities set forth in
    sections 104(i), 111(c)(4), and 111(c)(14) of the Comprehensive
    Environmental Response, Compensation, and Liability Act of 1980
    (CERCLA), as amended; section 118(f) of the Superfund Amendments and
    Reauthorization Act of 1986 (SARA), as amended; and section 3019 of the
    Solid Waste Disposal Act, as amended, $73,467,000, which may be derived
    to the extent funds are available from the Hazardous Substance
    Superfund Trust Fund pursuant to section 517(a) of SARA (26 U.S.C.
    9507): Provided, That notwithstanding any other provision of law, in
    lieu of performing a health assessment under section 104(i)(6) of
    CERCLA, the Administrator of ATSDR may conduct other appropriate health
    studies, evaluations, or activities, including, without limitation,
    biomedical testing, clinical evaluations, medical monitoring, and
    referral to accredited health care providers: Provided further, That in
    performing any such health assessment or health study, evaluation, or
    activity, the Administrator of ATSDR shall not be bound by the
    deadlines in section 104(i)(6)(A) of CERCLA: Provided further, That
    none of the funds appropriated under this heading shall be available
    for ATSDR to issue in excess of 40 toxicological profiles pursuant to
    section 104(i) of CERCLA during fiscal year 2004, and existing profiles
    may be updated as necessary.

                        Environmental Protection Agency

                              science and technology

        For science and technology, including research and development
    activities, which shall include research and development activities
    under the Comprehensive Environmental Response, Compensation, and
    Liability Act of 1980, as amended; necessary expenses for personnel and
    related costs and travel expenses, including uniforms, or allowances
    therefor, as authorized by 5 U.S.C. 5901-5902; services as authorized
    by 5 U.S.C. 3109, but at rates for individuals not to exceed the per
    diem rate equivalent to the maximum rate payable for senior level
    positions under 5 U.S.C. 5376; procurement of laboratory equipment and
    supplies; other operating expenses in support of research and
    development; construction, alteration, repair, rehabilitation, and
    renovation of facilities, not to exceed $85,000 per project,
    $786,324,000, which shall remain available until September 30, 2005:
    Provided, That of the funds provided under this heading in Public Law
    108-7, in reference to item number 9, the Administrator is authorized
    to make a grant of $436,000 to the City of San Bernardino, California.

                      environmental programs and management

        For environmental programs and management, including necessary
    expenses, not otherwise provided for, for personnel and related costs
    and travel expenses, including uniforms, or allowances therefor, as
    authorized by 5 U.S.C. 5901-5902; services as authorized by 5 U.S.C.
    3109, but at rates for individuals not to exceed the per diem rate
    equivalent to the maximum rate payable for senior level positions under
    5 U.S.C. 5376; hire of passenger motor vehicles; hire, maintenance, and
    operation of aircraft; purchase of reprints; library memberships in
    societies or associations which issue publications to members only or
    at a price to members lower than to subscribers who are not members;
    construction, alteration, repair, rehabilitation, and renovation of
    facilities, not to exceed $85,000 per project; and not to exceed $9,000
    for official reception and representation expenses, $2,293,578,000,
    which shall remain available until September 30, 2005, including
    administrative costs of the brownfields program under the Small
    Business Liability Relief and Brownfields Revitalization Act of 2002.

                           office of inspector general

        For necessary expenses of the Office of Inspector General in
    carrying out the provisions of the Inspector General Act of 1978, as
    amended, and for construction, alteration, repair, rehabilitation, and
    renovation of facilities, not to exceed $85,000 per project,
    $37,558,000, to remain available until September 30, 2005.

                             buildings and facilities

        For construction, repair, improvement, extension, alteration, and
    purchase of fixed equipment or facilities of, or for use by, the
    Environmental Protection Agency, $40,000,000, to remain available until
    expended.

                          Hazardous Substance Superfund

                          (including transfers of funds)

        For necessary expenses to carry out the Comprehensive Environmental
    Response, Compensation, and Liability Act of 1980 (CERCLA), as amended,
    including sections 111(c)(3), (c)(5), (c)(6), and (e)(4) (42 U.S.C.
    9611), and for construction, alteration, repair, rehabilitation, and
    renovation of facilities, not to exceed $85,000 per project;
    $1,265,000,000, to remain available until expended, consisting of such
    sums as are available in the Trust Fund upon the date of enactment of
    this Act as authorized by section 517(a) of the Superfund Amendments
    and Reauthorization Act of 1986 (SARA) and up to $1,265,000,000 as a
    payment from general revenues to the Hazardous Substance Superfund for
    purposes as authorized by section 517(b) of SARA, as amended: Provided,
    That funds appropriated under this heading may be allocated to other
    Federal agencies in accordance with section 111(a) of CERCLA: Provided
    further, That of the funds appropriated under this heading, $13,214,000
    shall be transferred to the ``Office of Inspector General''
    appropriation to remain available until September 30, 2005, and
    $44,697,000 shall be transferred to the ``Science and technology''
    appropriation to remain available until September 30, 2005.

                     leaking underground storage tank program

        For necessary expenses to carry out leaking underground storage
    tank cleanup activities authorized by section 205 of the Superfund
    Amendments and Reauthorization Act of 1986, and for construction,
    alteration, repair, rehabilitation, and renovation of facilities, not
    to exceed $85,000 per project, $76,000,000, to remain available until
    expended.

                                oil spill response

        For expenses necessary to carry out the Environmental Protection
    Agency's responsibilities under the Oil Pollution Act of 1990,
    $16,209,000, to be derived from the Oil Spill Liability trust fund, to
    remain available until expended.

                        state and tribal assistance grants

        For environmental programs and infrastructure assistance, including
    capitalization grants for State revolving funds and performance
    partnership grants, $3,896,800,000, to remain available until expended,
    of which $1,350,000,000 shall be for making capitalization grants for
    the Clean Water State Revolving Funds under title VI of the Federal
    Water Pollution Control Act, as amended (the ``Act''), of which up to
    $75,000,000 shall be available for loans, including interest free loans
    as authorized by 33 U.S.C. 1383(d)(1)(A), to municipal, inter-
    municipal, interstate, or State agencies or nonprofit entities for
    projects that provide treatment for or that minimize sewage or
    stormwater discharges using one or more approaches which include, but
    are not limited to, decentralized or distributed stormwater controls,
    decentralized wastewater treatment, low-impact development practices,
    conservation easements, stream buffers, or wetlands restoration;
    $850,000,000 shall be for capitalization grants for the Drinking Water
    State Revolving Funds under section 1452 of the Safe Drinking Water
    Act, as amended, except that, notwithstanding section 1452(n) of the
    Safe Drinking Water Act, as amended, none of the funds made available
    under this heading in this Act, or in previous appropriations Acts,
    shall be reserved by the Administrator for health effects studies on
    drinking water contaminants; $50,000,000 shall be for architectural,
    engineering, planning, design, construction and related activities in
    connection with the construction of high priority water and wastewater
    facilities in the area of the United States-Mexico Border, after
    consultation with the appropriate border commission; $43,000,000 shall
    be for grants to the State of Alaska to address drinking water and
    waste infrastructure needs of rural and Alaska Native Villages:
    Provided, That, of these funds: (1) the State of Alaska shall provide a
    match of 25 percent; (2) no more than 5 percent of the funds may be
    used for administrative and overhead expenses; and (3) not later than
    October 1, 2004, and thereafter, a statewide priority list shall be
    established which shall remain in effect for at least 3 years for all
    water, sewer, waste disposal, and similar projects carried out by the
    State of Alaska that are funded under section 221 of the Federal Water
    Pollution Control Act (33 U.S.C. 1301) or the Consolidated Farm and
    Rural Development Act (7 U.S.C. 1921 et seq.) which shall allocate not
    less than 25 percent of the funds provided for projects in regional hub
    communities; $3,500,000 shall be for remediation of above ground
    leaking fuel tanks pursuant to Public Law 106-554; $325,000,000 shall
    be for making grants for the construction of drinking water, wastewater
    and storm water infrastructure and for water quality protection in
    accordance with the terms and conditions specified for such grants in
    the joint explanatory statement of the managers accompanying this Act,
    and, for purposes of these grants, each grantee shall contribute not
    less than 45 percent of the cost of the project unless the grantee is
    approved for a waiver by the Agency; $6,600,000 for grants for
    construction of alternative decentralized wastewater facilities under
    the National Decentralized Wastewater Demonstration program, in
    accordance with the terms and conditions specified in the joint
    explanatory statement of the managers accompanying this Act;
    $93,500,000 shall be to carry out section 104(k) of the Comprehensive
    Environmental Response, Compensation, and Liability Act of 1980
    (CERCLA), as amended, including grants, interagency agreements, and
    associated program support costs; and $1,175,200,000 shall be for
    grants, including associated program support costs, to States,
    federally recognized tribes, interstate agencies, tribal consortia, and
    air pollution control agencies for multi-media or single media
    pollution prevention, control and abatement and related activities,
    including activities pursuant to the provisions set forth under this
    heading in Public Law 104-134, and for making grants under section 103
    of the Clean Air Act for particulate matter monitoring and data
    collection activities of which and subject to terms and conditions
    specified by the Administrator, of which $50,000,000 shall be for
    carrying out section 128 of CERCLA, as amended, and $20,000,000 shall
    be for Environmental Information Exchange Network grants, including
    associated program support costs: Provided further, That for fiscal
    year 2004, State authority under section 302(a) of Public Law 104-182
    shall remain in effect: Provided further, That notwithstanding section
    603(d)(7) of the Act, the limitation on the amounts in a State water
    pollution control revolving fund that may be used by a State to
    administer the fund shall not apply to amounts included as principal in
    loans made by such fund in fiscal year 2004 and prior years where such
    amounts represent costs of administering the fund to the extent that
    such amounts are or were deemed reasonable by the Administrator,
    accounted for separately from other assets in the fund, and used for
    eligible purposes of the fund, including administration: Provided
    further, That for fiscal year 2004, and notwithstanding section 518(f)
    of the Act, the Administrator is authorized to use the amounts
    appropriated for any fiscal year under section 319 of that Act to make
    grants to Indian tribes pursuant to sections 319(h) and 518(e) of that
    Act: Provided further, That for fiscal year 2004, notwithstanding the
    limitation on amounts in section 518(c) of the Act, up to a total of
    1\1/2\ percent of the funds appropriated for State Revolving Funds
    under title VI of that Act may be reserved by the Administrator for
    grants under section 518(c) of such Act: Provided further, That no
    funds provided by this legislation to address the water, wastewater and
    other critical infrastructure needs of the colonias in the United
    States along the United States-Mexico border shall be made available to
    a county or municipal government unless that government has established
    an enforceable local ordinance, or other zoning rule, which prevents in
    that jurisdiction the development or construction of any additional
    colonia areas, or the development within an existing colonia the
    construction of any new home, business, or other structure which lacks
    water, wastewater, or other necessary infrastructure: Provided further,
    That the referenced statement of the managers under this heading in
    Public Law 106-377 is deemed to be amended by striking ``wastewater''
    in reference to item number 219 and inserting ``water'': Provided
    further, That the referenced statement of the managers under this
    heading in Public Law 108-7 is deemed to be amended by striking
    ``wastewater'' in reference to item number 409 and inserting ``water'':
    Provided further, That the referenced statement of the managers under
    this heading in Public Law 108-7, item number 383, is deemed to be
    amended by adding after the word ``overflow'', ``and water
    infrastructure'': Provided further, That the referenced statement of
    the managers under this heading in Public Law 108-7, item number 255,
    is deemed to be amended by inserting ``water and'' after the words
    ``Mississippi for'': Provided further, That the referenced statement of
    the managers under this heading in Public Law 108-7, item number 256,
    is deemed to be amended by adding after the word ``for'', ``water
    and'': Provided further, That the referenced statement of the managers
    under this heading in Public Law 105-276, in reference to item number
    19, is deemed to be amended by striking ``Wolfe County'', and inserting
    ``the City of Campton'': Provided further, That the referenced
    statement of the managers under this heading in Public Law 108-7, in
    reference to item number 364, is deemed to be amended by striking
    everything after ``improvements'': Provided further, That the
    referenced statement of the managers under this heading in Public Law
    108-7, in reference to item number 191, is deemed to be amended by
    striking ``wastewater'', and inserting ``water'': Provided further,
    That the referenced statement of the managers under this heading in
    Public Law 108-7, in reference to item number 223, is deemed to be
    amended by adding, ``and for other projects within Indian Head after
    the needs of Woodland Village are met.'': Provided further, That the
    referenced statement of the managers under this heading in Public Law
    106-377 is deemed to be amended in reference to item number 234, as
    amended, by striking everything after ``234.'' and inserting
    ``$1,500,000 for the Town of Delbarton Wastewater Collection and
    Treatment Replacement/Upgrade Project.'': Provided further, That the
    referenced statement of the managers under this heading in Public Law
    108-7 is deemed to be amended by striking ``wastewater'' in reference
    to item number 469 and inserting ``water'': Provided further, That the
    referenced statement of the managers under this heading in Public Law
    108-7 is deemed to be amended by striking ``Fayette, Mississippi for
    the Jefferson County'' in reference to item number 263 and inserting
    ``Jefferson County, Mississippi'': Provided further, That
    notwithstanding any other provision of law, the Administrator of the
    Environmental Protection Agency shall certify grant amendments for
    grant number C34-0714-03.

                            administrative provisions

        For fiscal year 2004, notwithstanding 31 U.S.C. 6303(1) and
    6305(1), the Administrator of the Environmental Protection Agency, in
    carrying out the Agency's function to implement directly Federal
    environmental programs required or authorized by law in the absence of
    an acceptable tribal program, may award cooperative agreements to
    federally-recognized Indian Tribes or Intertribal consortia, if
    authorized by their member Tribes, to assist the Administrator in
    implementing Federal environmental programs for Indian Tribes required
    or authorized by law, except that no such cooperative agreements may be
    awarded from funds designated for State financial assistance
    agreements.
        The Administrator of the Environmental Protection Agency is
    authorized to collect and obligate pesticide registration service fees
    in accordance with section 33 of the Federal Insecticide, Fungicide,
    and Rodenticide Act (as added by subsection (f)(2) of the Pesticide
    Registration Improvement Act of 2003).
        Notwithstanding CERCLA 104(k)(4)(B)(i)(IV), appropriated funds for
    fiscal year 2004 may be used to award grants or loans under section
    104(k) of CERCLA to eligible entities that satisfy all of the elements
    set forth in CERCLA section 101(40) to qualify as a bona fide
    prospective purchaser except that the date of acquisition of the
    property was prior to the date of enactment of the Small Business
    Liability Relief and Brownfield Revitalization Act of 2001.

                       Executive Office of the President

                     office of science and technology policy

        For necessary expenses of the Office of Science and Technology
    Policy, in carrying out the purposes of the National Science and
    Technology Policy, Organization, and Priorities Act of 1976 (42 U.S.C.
    6601 and 6671), hire of passenger motor vehicles, and services as
    authorized by 5 U.S.C. 3109, not to exceed $2,500 for official
    reception and representation expenses, and rental of conference rooms
    in the District of Columbia, $7,027,000.

       council on environmental quality and office of environmental quality

        For necessary expenses to continue functions assigned to the
    Council on Environmental Quality and Office of Environmental Quality
    pursuant to the National Environmental Policy Act of 1969, the
    Environmental Quality Improvement Act of 1970, and Reorganization Plan
    No. 1 of 1977, and not to exceed $750 for official reception and
    representation expenses, $3,238,000: Provided, That notwithstanding
    section 202 of the National Environmental Policy Act of 1970, the
    Council shall consist of one member, appointed by the President, by and
    with the advice and consent of the Senate, serving as chairman and
    exercising all powers, functions, and duties of the Council.

                     Federal Deposit Insurance Corporation

                           office of inspector general

        For necessary expenses of the Office of Inspector General in
    carrying out the provisions of the Inspector General Act of 1978, as
    amended, $30,125,000, to be derived from the Bank Insurance Fund, the
    Savings Association Insurance Fund, and the FSLIC Resolution Fund.

                        General Services Administration

                     federal citizen information center fund

        For necessary expenses of the Federal Citizen Information Center,
    including services authorized by 5 U.S.C. 3109, $14,000,000, to be
    deposited into the Federal Citizen Information Center Fund: Provided,
    That the appropriations, revenues, and collections deposited into the
    Fund shall be available for necessary expenses of Federal Citizen
    Information Center activities in the aggregate amount not to exceed
    $21,000,000. Appropriations, revenues, and collections accruing to this
    Fund during fiscal year 2004 in excess of $21,000,000 shall remain in
    the Fund and shall not be available for expenditure except as
    authorized in appropriations Acts.

               United States Interagency Council on Homelessness

                                OPERATING EXPENSES

        For necessary expenses (including payment of salaries, authorized
    travel, hire of passenger motor vehicles, the rental of conference
    rooms in the District of Columbia, and the employment of experts and
    consultants under section 3109 of title 5, United States Code) of the
    Interagency Council on the Homeless in carrying out the functions
    pursuant to title II of the McKinney-Vento Homeless Assistance Act, as
    amended, $1,500,000.

                 National Aeronautics and Space Administration

                            space flight capabilities

                          (including transfer of funds)

        For necessary expenses, not otherwise provided for, in the conduct
    and support of space flight capabilities research and development
    activities, including research, development, operations, support and
    services; maintenance; construction of facilities including repair,
    rehabilitation, revitalization and modification of facilities,
    construction of new facilities and additions to existing facilities,
    facility planning and design, and acquisition or condemnation of real
    property, as authorized by law; environmental compliance and
    restoration; space flight, spacecraft control and communications
    activities including operations, production, and services; program
    management; personnel and related costs, including uniforms or
    allowances therefor, as authorized by 5 U.S.C. 5901-5902; travel
    expenses; purchase and hire of passenger motor vehicles; not to exceed
    $35,000 for official reception and representation expenses; and
    purchase, lease, charter, maintenance and operation of mission and
    administrative aircraft, $7,512,100,000, to remain available until
    September 30, 2005, of which $15,000,000 of amounts for the Space
    Shuttle Life Extension Program shall be for the development and
    independent assessment of concepts to increase Space Shuttle crew
    survivability for crew sizes of 4 to 7 astronauts, and of which amounts
    as determined by the Administrator for salaries and benefits; training,
    travel and awards; facility and related costs; information technology
    services; science, engineering, fabricating and testing services; and
    other administrative services may be transferred to ``Science,
    aeronautics and exploration'' in accordance with section 312(b) of the
    National Aeronautics and Space Act of 1958, as amended by Public Law
    106-377.

                       Science, Aeronautics and Exploration

                          (including transfer of funds)

        For necessary expenses, not otherwise provided for, in the conduct
    and support of science, aeronautics and exploration research and
    development activities, including research, development, operations,
    support and services; maintenance; construction of facilities including
    repair, rehabilitation, revitalization, and modification of facilities,
    construction of new facilities and additions to existing facilities,
    facility planning and design, and restoration, and acquisition or
    condemnation of real property, as authorized by law; environmental
    compliance and restoration; space flight, spacecraft control and
    communications activities including operations, production, and
    services; program management; personnel and related costs, including
    uniforms or allowances therefor, as authorized by 5 U.S.C. 5901-5902;
    travel expenses; purchase and hire of passenger motor vehicles; not to
    exceed $35,000 for official reception and representation expenses; and
    purchase, lease, charter, maintenance and operation of mission and
    administrative aircraft, $7,929,900,000, to remain available until
    September 30, 2005, of which amounts as determined by the Administrator
    for salaries and benefits; training, travel and awards; facility and
    related costs; information technology services; science, engineering,
    fabricating and testing services; and other administrative services may
    be transferred to ``Space flight capabilities'' in accordance with
    section 312(b) of the National Aeronautics and Space Act of 1958, as
    amended by Public Law 106-377.

                           office of inspector general

        For necessary expenses of the Office of Inspector General in
    carrying out the Inspector General Act of 1978, as amended,
    $27,300,000.

                            administrative provisions

        Notwithstanding the limitation on the availability of funds
    appropriated for ``Science, aeronautics and exploration'', or ``Space
    flight capabilities'' by this appropriations Act, when any activity has
    been initiated by the incurrence of obligations for construction of
    facilities or environmental compliance and restoration activities as
    authorized by law, such amount available for such activity shall remain
    available until expended. This provision does not apply to the amounts
    appropriated for institutional minor revitalization and construction of
    facilities, and institutional facility planning and design.
        Notwithstanding the limitation on the availability of funds
    appropriated for ``Science, aeronautics and exploration'', or ``Space
    flight capabilities'' by this appropriations Act, the amounts
    appropriated for construction of facilities shall remain available
    until September 30, 2006.
        From amounts made available in this Act for these activities, the
    Administration may transfer amounts between aeronautics of the
    ``Science, aeronautics and exploration'' account and crosscutting
    technologies of the ``Space flight capabilities'' account.
        Funds for announced prizes otherwise authorized shall remain
    available, without fiscal year limitation, until the prize is claimed
    or the offer is withdrawn.
        The unexpired balances of prior appropriations to NASA for
    activities for which funds are provided under this Act may be
    transferred to the new account established for the appropriation that
    provides such activity under this Act. Balances so transferred may be
    merged with funds in the newly established account and thereafter may
    be accounted for as one fund under the same terms and conditions.

                      National Credit Union Administration

                            central liquidity facility

        During fiscal year 2004, gross obligations of the Central Liquidity
    Facility for the principal amount of new direct loans to member credit
    unions, as authorized by 12 U.S.C. 1795 et seq., shall not exceed
    $1,500,000,000: Provided, That administrative expenses of the Central
    Liquidity Facility in fiscal year 2004 shall not exceed $310,000.

                    community development revolving loan fund

        For the Community Development Revolving Loan Fund program as
    authorized by 42 U.S.C. 9812, 9822 and 9910, $1,200,000 shall be
    available: Provided, That of this amount $200,000, together with
    amounts of principal and interest on loans repaid, is available until
    expended for loans to community development credit unions, and
    $1,000,000 is available until September 30, 2004 for technical
    assistance to low-income and community development credit unions.

                          National Science Foundation

                         Research and Related Activities

        For necessary expenses in carrying out the National Science
    Foundation Act of 1950, as amended (42 U.S.C. 1861-1875), and the Act
    to establish a National Medal of Science (42 U.S.C. 1880-1881);
    services as authorized by 5 U.S.C. 3109; maintenance and operation of
    aircraft and purchase of flight services for research support;
    acquisition of aircraft; and authorized travel; $4,276,600,000, of
    which not to exceed $345,000,000 shall remain available until expended
    for Polar research and operations support, and for reimbursement to
    other Federal agencies for operational and science support and
    logistical and other related activities for the United States Antarctic
    program; the balance to remain available until September 30, 2005:
    Provided, That receipts for scientific support services and materials
    furnished by the National Research Centers and other National Science
    Foundation supported research facilities may be credited to this
    appropriation: Provided further, That to the extent that the amount
    appropriated is less than the total amount authorized to be
    appropriated for included program activities, all amounts, including
    floors and ceilings, specified in the authorizing Act for those program
    activities or their subactivities shall be reduced proportionally:
    Provided further, That $90,000,000 of the funds available under this
    heading shall be made available for a comprehensive research initiative
    on plant genomes for economically significant crops.

               major research equipment and facilities construction

        For necessary expenses for the acquisition, construction,
    commissioning, and upgrading of major research equipment, facilities,
    and other such capital assets pursuant to the National Science
    Foundation Act of 1950, as amended, including authorized travel,
    $155,900,000, to remain available until expended.

                          education and human resources

        For necessary expenses in carrying out science and engineering
    education and human resources programs and activities pursuant to the
    National Science Foundation Act of 1950, as amended (42 U.S.C. 1861-
    1875), including services as authorized by 5 U.S.C. 3109, authorized
    travel, and rental of conference rooms in the District of Columbia,
    $944,550,000, to remain available until September 30, 2005: Provided,
    That to the extent that the amount of this appropriation is less than
    the total amount authorized to be appropriated for included program
    activities, all amounts, including floors and ceilings, specified in
    the authorizing Act for those program activities or their subactivities
    shall be reduced proportionally.

                              salaries and expenses

        For salaries and expenses necessary in carrying out the National
    Science Foundation Act of 1950, as amended (42 U.S.C. 1861-1875);
    services authorized by 5 U.S.C. 3109; hire of passenger motor vehicles;
    not to exceed $9,000 for official reception and representation
    expenses; uniforms or allowances therefor, as authorized by 5 U.S.C.
    5901-5902; rental of conference rooms in the District of Columbia; and
    reimbursement of the General Services Administration for security guard
    services; $220,000,000: Provided, That contracts may be entered into
    under ``Salaries and expenses'' in fiscal year 2004 for maintenance and
    operation of facilities, and for other services, to be provided during
    the next fiscal year.

                       office of the NATIONAL SCIENCE BOARD

        For necessary expenses (including payment of salaries, authorized
    travel, hire of passenger motor vehicles, the rental of conference
    rooms in the District of Columbia, and the employment of experts and
    consultants under section 3109 of title 5, United States Code) involved
    in carrying out section 4 of the National Science Foundation Act of
    1950 (42 U.S.C. 1863) and Public Law 86-209 (42 U.S.C. 1880 et seq.),
    $3,900,000: Provided, That not more than $9,000 shall be available for
    official reception and representation expenses.

                           office of inspector general

        For necessary expenses of the Office of Inspector General as
    authorized by the Inspector General Act of 1978, as amended,
    $10,000,000, to remain available until September 30, 2005.

                     Neighborhood Reinvestment Corporation

               payment to the neighborhood reinvestment corporation

        For payment to the Neighborhood Reinvestment Corporation for use in
    neighborhood reinvestment activities, as authorized by the Neighborhood
    Reinvestment Corporation Act (42 U.S.C. 8101-8107), $115,000,000, of
    which $5,000,000 shall be for a multi-family rental housing program.

                             Administrative Provision

        Section 605(a) of the Neighborhood Reinvestment Corporation Act (42
    U.S.C. 8104) is amended by--
            (1) striking out ``compensation'' and inserting ``salary''; and
        striking out ``highest rate provided for GS-18 of the General
        Schedule under section 5332 of title 5 United States Code''; and
        inserting ``rate for level IV of the Executive Schedule''; and
            (2) inserting after the end the following sentence: ``The
        Corporation shall also apply the provisions of section 5307(a)(1),
        (b)(1) and (b)(2) of title 5, United States Code, governing
        limitations on certain pay as if its employees were Federal
        employees receiving payments under title 5.''.

                            Selective Service System

                              salaries and expenses

        For necessary expenses of the Selective Service System, including
    expenses of attendance at meetings and of training for uniformed
    personnel assigned to the Selective Service System, as authorized by 5
    U.S.C. 4101-4118 for civilian employees; purchase of uniforms, or
    allowances therefor, as authorized by 5 U.S.C. 5901-5902; hire of
    passenger motor vehicles; services as authorized by 5 U.S.C. 3109; and
    not to exceed $750 for official reception and representation expenses;
    $26,308,000: Provided, That during the current fiscal year, the
    President may exempt this appropriation from the provisions of 31
    U.S.C. 1341, whenever the President deems such action to be necessary
    in the interest of national defense: Provided further, That none of the
    funds appropriated by this Act may be expended for or in connection
    with the induction of any person into the Armed Forces of the United
    States.

                          TITLE IV--GENERAL PROVISIONS

        Sec. 401. 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. 402. No funds appropriated by this Act may be expended--
            (1) pursuant to a certification of an officer or employee of
        the United States unless--
                (A) such certification is accompanied by, or is part of, a
            voucher or abstract which describes the payee or payees and the
            items or services for which such expenditure is being made; or
                (B) the expenditure of funds pursuant to such
            certification, and without such a voucher or abstract, is
            specifically authorized by law; and
            (2) unless such expenditure is subject to audit by the General
        Accounting Officer or is specifically exempt by law from such
        audit.
        Sec. 403. None of the funds provided in this Act to any department
    or agency may be obligated or expended for: (1) the transportation of
    any officer or employee of such department or agency between the
    domicile and the place of employment of the officer or employee, with
    the exception of an officer or employee authorized such transportation
    under 31 U.S.C. 1344 or 5 U.S.C. 7905; or (2) to provide a cook,
    chauffeur, or other personal servants to any officer or employee of
    such department or agency.
        Sec. 404. None of the funds provided in this Act may be used for
    payment, through grants or contracts, to recipients that do not share
    in the cost of conducting research resulting from proposals not
    specifically solicited by the Government: Provided, That the extent of
    cost sharing by the recipient shall reflect the mutuality of interest
    of the grantee or contractor and the Government in the research.
        Sec. 405. None of the funds provided in this Act may be used,
    directly or through grants, to pay or to provide reimbursement for
    payment of the salary of a consultant (whether retained by the Federal
    Government or a grantee) at more than the daily equivalent of the rate
    paid for level IV of the Executive Schedule, unless specifically
    authorized by law.
        Sec. 406. None of the funds provided in this Act may be used to pay
    the expenses of, or otherwise compensate, non-Federal parties
    intervening in regulatory or adjudicatory proceedings. Nothing herein
    affects the authority of the Consumer Product Safety Commission
    pursuant to section 7 of the Consumer Product Safety Act (15 U.S.C.
    2056 et seq.).
        Sec. 407. Except as otherwise provided under existing law, or under
    an existing Executive order issued pursuant to an existing law, the
    obligation or expenditure of any appropriation under this Act for
    contracts for any consulting service shall be limited to contracts
    which are: (1) a matter of public record and available for public
    inspection; and (2) thereafter included in a publicly available list of
    all contracts entered into within 24 months prior to the date on which
    the list is made available to the public and of all contracts on which
    performance has not been completed by such date. The list required by
    the preceding sentence shall be updated quarterly and shall include a
    narrative description of the work to be performed under each such
    contract.
        Sec. 408. None of the funds appropriated in this Act may be used to
    implement any cap on reimbursements to grantees for indirect costs,
    except as published in Office of Management and Budget Circular A-21.
        Sec. 409. Such sums as may be necessary for fiscal year 2004 pay
    raises for programs funded by this Act shall be absorbed within the
    levels appropriated in this Act.
        Sec. 410. (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.
        Sec. 411. None of the funds made available in this Act may be used
    for any program, project, or activity, when it is made known to the
    Federal entity or official to which the funds are made available that
    the program, project, or activity is not in compliance with any Federal
    law relating to risk assessment, the protection of private property
    rights, or unfunded mandates.
        Sec. 412. Except in the case of entities that are funded solely
    with Federal funds or any natural persons that are funded under this
    Act, none of the funds in this Act shall be used for the planning or
    execution of any program to pay the expenses of, or otherwise
    compensate, non-Federal parties to lobby or litigate in respect to
    adjudicatory proceedings funded in this Act. A chief executive officer
    of any entity receiving funds under this Act shall certify that none of
    these funds have been used to engage in the lobbying of the Federal
    Government or in litigation against the United States unless authorized
    under existing law.
        Sec. 413. No part of any funds appropriated in this Act shall be
    used by an agency of the executive branch, other than for normal and
    recognized executive-legislative relationships, for publicity or
    propaganda purposes, and for the preparation, distribution or use of
    any kit, pamphlet, booklet, publication, radio, television or film
    presentation designed to support or defeat legislation pending before
    the Congress, except in presentation to the Congress itself.
        Sec. 414. All departments and agencies funded under this Act are
    encouraged, within the limits of the existing statutory authorities and
    funding, to expand their use of ``E-Commerce'' technologies and
    procedures in the conduct of their business practices and public
    service activities.
        Sec. 415. 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. 416. None of the funds provided in this Act to any department
    or agency shall be obligated or expended to procure passenger
    automobiles as defined in 15 U.S.C. 2001 with an EPA estimated miles
    per gallon average of less than 22 miles per gallon.
        Sec. 417. Section 312 of the National Aeronautics and Space
    Administration Act of 1958, as amended, is further amended--
            (1) by striking the second Sec. ``312'' and inserting ``313'';
            (2) by inserting the title, ``Full Cost Appropriations Account
        Structure'', before Sec. 313;
            (3) in subsection (a)--
                (A) by striking ``Human space flight'' and inserting
            ``Space flight capabilities'';
                (B) by striking ``technology'' and inserting
            ``exploration''; and
                (C) by striking ``2002'' and inserting ``2004''; and
            (4) by striking subsection (c), and inserting the following new
        subsection:
        ``(c) The unexpired balances of prior appropriations to the
    Administration for activities authorized under this Act may be
    transferred to the new account established for such activity in
    subsection (a). Balances so transferred may be merged with funds in the
    newly established account and thereafter may be accounted for as one
    fund under the same terms and conditions.''.
        Sec. 418. None of the funds made available in this Act may be used
    to implement any policy prohibiting the Directors of the Veterans
    Integrated Service Networks from conducting outreach or marketing to
    enroll new veterans within their respective Networks.
        Sec. 419. None of the funds provided in this Act may be expended to
    apply, in a numerical estimate of the benefits of an agency action
    prepared pursuant to Executive Order No. 12866 or section 312 of the
    Clean Air Act (42 U.S.C. 7612), monetary values for adult premature
    mortality that differ based on the age of the adult.
        Sec. 420. It is the sense of Congress that no veteran should wait
    more than 30 days for an initial doctor's appointment.
        Sec. 421. It is the sense of the Congress that human dosing studies
    of pesticides raises ethical and health questions.
        Sec. 422. None of the funds made available to NASA in this Act may
    be used for voluntary separation incentive payments as provided for in
    subchapter II of chapter 35 of title 5, United States Code, unless the
    Administrator of NASA has first certified to Congress that such
    payments would not result in the loss of skills related to the safety
    of the Space Shuttle or the International Space Station or to the
    conduct of independent safety oversight in the National Aeronautics and
    Space Administration.
        Sec. 423. Section 106(d) of the Housing and Community Development
    Act of 1974 (42 U.S.C. 5306(d)) is amended--
            (1) in paragraph (3)(A), by striking ``shall not exceed 2
        percent'' and inserting ``shall not, subject to paragraph (6),
        exceed 3 percent'';
            (2) in paragraph (5), by striking ``not to exceed 1 percent''
        and inserting ``subject to paragraph (6), not to exceed 3
        percent'';
            (3) by redesignating the second paragraph (5) and paragraph (6)
        as paragraphs (7) and (8), respectively; and
            (4) by inserting after paragraph (5) the following:
            ``(6) Of the amounts received under paragraph (1), the State
        may deduct not more than an aggregate total of 3 percent of such
        amounts for--
                ``(A) administrative expenses under paragraph (3)(A); and
                ``(B) technical assistance under paragraph (5).''.
        Sec. 424. National Academy of Sciences Study. The matter under the
    heading ``administrative provisions'' under the heading ``Environmental
    Protection Agency'' in title III of division K of the Consolidated
    Appropriations Resolution, 2003 (117 Stat. 513), is amended--
            (1) in the first sentence of the fifth undesignated paragraph
        (beginning ``As soon as''), by inserting before the period at the
        end the following: ``, and the impact of the final rule entitled
        `Prevention of Significant Deterioration (PSD) and Nonattainment
        New Source Review (NSR): Equipment Replacement Provision of the
        Routine Maintenance, Repair and Replacement Exclusion', amending
        parts 51 and 52 of title 40, Code of Federal Regulations, and
        published in electronic docket OAR-2002-0068 on August 27, 2003'';
        and
            (2) in the sixth undesignated paragraph (beginning ``The
        National Academy of Sciences''), by striking ``March 3, 2004'' and
        inserting ``January 1, 2005''.
        Sec. 425. Designations of Areas for PM<INF>2.5</INF> and Submission
    of Implementation Plans for Regional Haze. (a) In General.--Section
    107(d) of the Clean Air Act (42 U.S.C. 7407(d)) is amended by adding at
    the end the following:
            ``(6) Designations.--
                ``(A) Submission.--Notwithstanding any other provision of
            law, not later than February 15, 2004, the Governor of each
            State shall submit designations referred to in paragraph (1)
            for the July 1997 PM<INF>2.5</INF> national ambient air quality
            standards for each area within the State, based on air quality
            monitoring data collected in accordance with any applicable
            Federal reference methods for the relevant areas.
                ``(B) Promulgation.--Notwithstanding any other provision of
            law, not later than December 31, 2004, the Administrator shall,
            consistent with paragraph (1), promulgate the designations
            referred to in subparagraph (A) for each area of each State for
            the July 1997 PM<INF>2.5</INF> national ambient air quality
            standards.
            ``(7) Implementation plan for regional haze.--
                ``(A) In general.--Notwithstanding any other provision of
            law, not later than 3 years after the date on which the
            Administrator promulgates the designations referred to in
            paragraph (6)(B) for a State, the State shall submit, for the
            entire State, the State implementation plan revisions to meet
            the requirements promulgated by the Administrator under section
            169B(e)(1) (referred to in this paragraph as `regional haze
            requirements').
                ``(B) No preclusion of other provisions.--Nothing in this
            paragraph precludes the implementation of the agreements and
            recommendations stemming from the Grand Canyon Visibility
            Transport Commission Report dated June 1996, including the
            submission of State implementation plan revisions by the States
            of Arizona, California, Colorado, Idaho, Nevada, New Mexico,
            Oregon, Utah, or Wyoming by December 31, 2003, for
            implementation of regional haze requirements applicable to
            those States.''.
        (b) Relationship to Transportation Equity Act for the 21st
    Century.--Except as provided in paragraphs (6) and (7) of section
    107(d) of the Clean Air Act (as added by subsection (a)), section 6101,
    subsections (a) and (b) of section 6102, and section 6103 of the
    Transportation Equity Act for the 21st Century (42 U.S.C. 7407 note;
    112 Stat. 463), as in effect on the day before the date of enactment of
    this Act, shall remain in effect.
        Sec. 426. (a) Treatment of Pioneer Homes in Alaska as State Home
    for Veterans.--The Secretary of Veterans Affairs may--
            (1) treat the Pioneer Homes in the State of Alaska collectively
        as a single State home for veterans for purposes of section 1741 of
        title 38, United States Code; and
            (2) make per diem payments to the State of Alaska for care
        provided to veterans in the Pioneer Homes in accordance with the
        provisions of that section.
        (b) Treatment Notwithstanding Non-Veteran Residency.--The Secretary
    may treat the Pioneer Homes as a State home under subsection (a)
    notwithstanding the residency of non-veterans in one or more of the
    Pioneer Homes.
        (c) Pioneer Homes Defined.--In this section, the term ``Pioneer
    Homes'' means the six regional homes in the State of Alaska known as
    Pioneer Homes, which are located in the following:
            (1) Anchorage, Alaska.
            (2) Fairbanks, Alaska.
            (3) Juneau, Alaska.
            (4) Ketchikan, Alaska.
            (5) Palmer, Alaska.
            (6) Sitka, Alaska.
        (d) Limitation.--The number of beds occupied by veterans
    collectively in the six Pioneer Homes listed under subsection (c) for
    which per diem would be paid under this authority shall not exceed the
    number of veterans in State beds that otherwise would be permitted in
    Alaska under the Department of Veterans Affairs State home regulations
    governing the number of beds per veteran population.
        Sec. 427. Of the amounts available to the National Aeronautics and
    Space Administration, such sums as maybe necessary for the benefit of
    the families of the astronauts who died on board the Space Shuttle
    Columbia on February 1, 2003, are available under the terms of section
    203(c)(13) of the National Aeronautics and Space Act of 1958, as
    amended, independent of the limitations established therein.
        Sec. 428. Regulation of Small Engines. (a) In considering any
    request from California to authorize the State to adopt or enforce
    standards of other requirements relating to the control of emissions
    from new non-road spark-ignition engines smaller than 50 horsepower,
    the Administrator shall give appropriate consideration to safety
    factors (including the potential increased risk of burn or fire)
    associated with compliance with the California standard.
        (b) Not later than December 1, 2004, the Administrator of the
    Environmental Protection Agency shall propose regulations under the
    Clean Air Act that shall contain standards to reduce emissions from new
    nonroad spark-ignition engines smaller than 50 horsepower. Not later
    than December 31, 2005, the Administrator shall publish in the Federal
    Register final regulations containing such standards.
        (c) No State or any political subdivision thereof may adopt or
    attempt to enforce any standard or other requirement applicable to
    spark ignition engines smaller than 50 horsepower.
        (d) Exception for California.--The prohibition in subsection (e)
    does not apply to or restrict in any way the authority granted to
    California under section 209(e) of the Clean Air Act (42 U.S.C.
    7543(e)).
        (e) Exception for Other States.--The prohibition in subsection (c)
    does not apply to or restrict the authority of any State under section
    209(e)(2)(B) of the Clean Air Act (42 U.S.C. 7543(e)(2)(B)) to enforce
    standards or other requirements that were adopted by that State before
    September 1, 2003.

                      TITLE V--PESTICIDE PRODUCTS AND FEES

        Sec. 501. Pesticide registration.
        (a) Short Title.--This section may be cited as the ``Pesticide
    Registration Improvement Act of 2003''.
        (b) Registration Requirements for Antimicrobial Pesticides.--
    Section 3(h) of the Federal Insecticide, Fungicide, and Rodenticide Act
    (7 U.S.C. 136a(h)) is amended--
            (1) in paragraph (2)(F), by striking ``90 to 180 days'' and
        inserting ``120 days''; and
            (2) in paragraph (3)--
                (A) in subparagraph (D)(vi), by striking ``240 days'' and
            inserting ``120 days''; and
                (B) in subparagraph (F), by adding at the end the
            following:
                    ``(iv) Limitation.--Notwithstanding clause (ii), the
                failure of the Administrator to notify an applicant for an
                amendment to a registration for an antimicrobial pesticide
                shall not be judicially reviewable in a Federal or State
                court if the amendment requires scientific review of data
                within--

                        ``(I) the time period specified in subparagraph
                    (D)(vi), in the absence of a final regulation under
                    subparagraph (B); or
                        ``(II) the time period specified in paragraph
                    (2)(F), if adopted in a final regulation under
                    subparagraph (B).''.

        (c) Maintenance Fees.--
            (1) Amounts for registrants.--Section 4(i)(5) of the Federal
        Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136a-1(i)(5))
        is amended--
                (A) in subparagraph (A)--
                    (i) by striking ``(A) Subject'' and inserting the
                following:
                ``(A) In general.--Subject''; and
                    (ii) by striking ``of--'' and all that follows through
                ``additional registration'' and inserting ``for each
                registration'';
                (B) in subparagraph (D)--
                    (i) by striking ``(D) The'' and inserting the
                following:
                ``(D) Maximum amount of fees for registrants.--The'';
                    (ii) in clause (i), by striking ``shall be $55,000;
                and'' and inserting ``shall be--
                    ``(I) for fiscal year 2004, $84,000;
                    ``(II) for each of fiscal years 2005 and 2006, $87,000;
                    ``(III) for fiscal year 2007, $68,000; and
                    ``(IV) for fiscal year 2008, $55,000; and''; and
                    (iii) in clause (ii), by striking ``shall be $95,000.''
                and inserting ``shall be--
                    ``(I) for fiscal year 2004, $145,000;
                    ``(II) for each of fiscal years 2005 and 2006,
                $151,000;
                    ``(III) for fiscal year 2007, $117,000; and
                    ``(IV) for fiscal year 2008, $95,000.''; and
                (C) in subparagraph (E)--
                    (i) by striking ``(E)(i) For'' and inserting the
                following:
                ``(E) Maximum amount of fees for small businesses.--
                    ``(i) In general.--For'';
                    (ii) by indenting the margins of subclauses (I) and
                (II) of clause (i) appropriately; and
                    (iii) in clause (i)--

                        (I) subclause (I), by striking ``shall be $38,500;
                    and'' and inserting ``shall be--

                            ``(aa) for fiscal year 2004, $59,000;
                            ``(bb) for each of fiscal years 2005 and 2006,
                        $61,000;
                            ``(cc) for fiscal year 2007, $48,000; and
                            ``(dd) for fiscal year 2008, $38,500; and'';
                        and

                        (II) in subclause (II), by striking ``shall be
                    $66,500.'' and inserting ``shall be--

                            ``(aa) for fiscal year 2004, $102,000;
                            ``(bb) for each of fiscal years 2005 and 2006,
                        $106,000;
                            ``(cc) for fiscal year 2007, $82,000; and
                            ``(dd) for fiscal year 2008, $66,500.''.
            (2) Total amount of fees.--Section 4(i)(5)(C) of the Federal
        Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136(a)-
        1(i)(5)(C)) is amended--
                (A) by striking ``(C)(i) The'' and inserting the following:
                ``(C) Total amount of fees.--The''; and
                (B) by striking ``aggregate amount'' and all that follows
            through clause (ii) and inserting ``aggregate amount of--
                    ``(i) for fiscal year 2004, $26,000,000;
                    ``(ii) for fiscal year 2005, $27,000,000;
                    ``(iii) for fiscal year 2006, $27,000,000;
                    ``(iv) for fiscal year 2007, $21,000,000; and
                    ``(v) for fiscal year 2008, $15,000,000.''.
            (3) Definition of small business.--Section 4(i)(5)(E)(ii) of
        the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C.
        136a-1(i)(5)(E)(ii)) is amended--
                (A) by redesignating subclauses (I) and (II) as items (aa)
            and (bb), respectively, and indenting the margins
            appropriately;
                (B) by striking ``(ii) For purposes of'' and inserting the
            following:
                    ``(ii) Definition of small business.--

                        ``(I) In general.--In'';

                (C) in item (aa) (as so redesignated), by striking ``150''
            and inserting ``500'';
                (D) in item (bb) (as so redesignated), by striking ``gross
            revenue from chemicals that did not exceed $40,000,000.'' and
            inserting ``global gross revenue from pesticides that did not
            exceed $60,000,000.''; and
                (E) by adding at the end the following:

                        ``(II) Affiliates.--

                            ``(aa) In general.--In the case of a business
                        entity with 1 or more affiliates, the gross revenue
                        limit under subclause (I)(bb) shall apply to the
                        gross revenue for the entity and all of the
                        affiliates of the entity, including parents and
                        subsidiaries, if applicable.
                            ``(bb) Affiliated persons.--For the purpose of
                        item (aa), persons are affiliates of each other if,
                        directly or indirectly, either person controls or
                        has the power to control the other person, or a
                        third person controls or has the power to control
                        both persons.
                            ``(cc) Indicia of control.--For the purpose of
                        item (aa), indicia of control include interlocking
                        management or ownership, identity of interests
                        among family members, shared facilities and
                        equipment, and common use of employees.''.
            (4) Extension of authority for collecting maintenance fees.--
        Section 4(i)(5)(H) of the Federal Insecticide, Fungicide, and
        Rodenticide Act (7 U.S.C. 136a-1(i)(5)(H)) is amended by striking
        ``2003'' and inserting ``2008''.
            (5) Reregistration and other activities.--Section 4(g)(2) of
        the Federal Insecticide, Fungicide and Rodenticide Act (7 U.S.C.
        136a-1(g)(2)) is amended--
                (A) by striking subparagraph (A) and inserting the
            following:
                ``(A) In general.--The Administrator shall make a
            determination as to eligibility for reregistration--
                    ``(i) for all active ingredients subject to
                reregistration under this section for which tolerances or
                exemptions from tolerances are required under the Federal
                Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.), not
                later than the last date for tolerance reassessment
                established under section 408(q)(1)(C) of that Act (21
                U.S.C. 346a(q)(1)(C)); and
                    ``(ii) for all other active ingredients subject to
                reregistration under this section, not later than October
                3, 2008.'';
                (B) in subparagraph (B)--
                    (i) by striking ``(B) Before'' and inserting the
                following:
                ``(B) Product-specific data.--
                    ``(i) In general.--Before'';
                    (ii) by striking ``The Administrator'' and inserting
                the following:
                    ``(ii) Timing.--

                        ``(I) In general.--Subject to subclause (II), the
                    Administrator''; and

                    (iii) by adding at the end the following:

                        ``(II) Extraordinary circumstances.--In the case of
                    extraordinary circumstances, the Administrator may
                    provide such a longer period, of not more than 2
                    additional years, for submission of data to the
                    Administrator under this subparagraph.''; and

                (C) in subparagraph (D)--
                    (i) by striking ``(D) If'' and inserting the following:
                ``(D) Determination to not reregister.--
                    ``(i) In general.--If''; and
                    (ii) by adding at the end the following:
                    ``(ii) Timing for regulatory action.--Regulatory action
                under clause (i) shall be completed as expeditiously as
                possible.''.
        (d) Other Fees.--
            (1) In general.--Section 4(i)(6) of the Federal Insecticide,
        Fungicide, and Rodenticide Act (7 U.S.C. 136a-1(i)(6)) is amended--
                (A) by striking ``During'' and inserting ``Except as
            provided in section 33, during''; and
                (B) by striking ``2003'' and inserting ``2010''.
            (2) Tolerance fees.--Notwithstanding section 408(m)(1) of the
        Federal Food, Drug, and Cosmetic Act (21 U.S.C. 346a(m)(1)), during
        the period beginning on October 1, 2003, and ending on September
        30, 2008, the Administrator of the Environmental Protection Agency
        shall not collect any tolerance fees under that section.
        (e) Expedited Processing of Similar Applications.--Section 4(k)(3)
    of the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C.
    136a-1(k)(3)) is amended--
            (1) in the paragraph heading, by striking ``Expedited'' and
        inserting ``Review of inert ingredients; expedited''; and
            (2) in subparagraph (A)--
                (A) by striking ``1997'' and all that follows through ``of
            the maintenance fees'' and inserting ``2004 through 2006,
            approximately $3,300,000, and for each of fiscal years 2007 and
            2008, between \1/8\ and \1/7\, of the maintenance fees'';
                (B) by redesignating clauses (i), (ii), and (iii) as
            subclauses (I), (II) and (III), respectively, and indenting
            appropriately; and
                (C) by striking ``resources to assure the expedited
            processing and review of any application that'' and inserting
            ``resources--
                    ``(i) to review and evaluate new inert ingredients; and
                    ``(ii) to ensure the expedited processing and review of
                any application
                that--''.
        (f) Pesticide Registration Service Fees.--The Federal Insecticide,
    Fungicide, and Rodenticide Act (7 U.S.C. 136a et seq.) is amended--
            (1) by redesignating sections 33 and 34 (7 U.S.C. 136x, 136y)
        as sections 34 and 35, respectively; and
            (2) by inserting after section 32 (7 U.S.C. 136w-7) the
        following:

    ``SEC. 33. PESTICIDE REGISTRATION SERVICE FEES.

        ``(a) Definition of Costs.--In this section, the term `costs', when
    used with respect to review and decisionmaking pertaining to an
    application for which registration service fees are paid under this
    section, means--
            ``(1) costs to the extent that--
                ``(A) officers and employees provide direct support for the
            review and decisionmaking for covered pesticide applications,
            associated tolerances, and corresponding risk and benefits
            information and analyses;
                ``(B) persons and organizations under contract with the
            Administrator engage in the review of the applications, and
            corresponding risk and benefits information and assessments;
            and
                ``(C) advisory committees and other accredited persons or
            organizations, on the request of the Administrator, engage in
            the peer review of risk or benefits information associated with
            covered pesticide applications;
            ``(2) costs of management of information, and the acquisition,
        maintenance, and repair of computer and telecommunication resources
        (including software), used to support review of pesticide
        applications, associated tolerances, and corresponding risk and
        benefits information and analyses; and
            ``(3) costs of collecting registration service fees under
        subsections (b) and (c) and reporting, auditing, and accounting
        under this section.
        ``(b) Fees.--
            ``(1) In general.--Effective beginning on the effective date of
        the Pesticide Registration Improvement Act of 2003, the
        Administrator shall assess and collect covered pesticide
        registration service fees in accordance with this section.
            ``(2) Covered pesticide registration applications.--
                ``(A) In general.--An application for the registration of a
            pesticide covered by this Act that is received by the
            Administrator on or after the effective date of the Pesticide
            Registration Improvement Act of 2003 shall be subject to a
            registration service fee under this section.
                ``(B) Existing applications.--
                    ``(i) In general.--Subject to clause (ii), an
                application for the registration of a pesticide that was
                submitted to the Administrator before the effective date of
                the Pesticide Registration Improvement Act of 2003 and is
                pending on that effective date shall be subject to a
                service fee under this section if the application is for
                the registration of a new active ingredient that is not
                listed in the Registration Division 2003 Work Plan of the
                Office of Pesticide Programs of the Environmental
                Protection Agency.
                    ``(ii) Tolerance or exemption fees.--The amount of any
                fee otherwise payable for an application described in
                clause (i) under this section shall be reduced by the
                amount of any fees paid to support the related petition for
                a pesticide tolerance or exemption under the Federal Food,
                Drug, and Cosmetic Act (21 U.S.C. 301 et seq.).
                ``(C) Documentation.--An application subject to a
            registration service fee under this section shall be submitted
            with documentation certifying--
                    ``(i) payment of the registration service fee; or
                    ``(ii) a request for a waiver from or reduction of the
                registration service fee.
            ``(3) Schedule of covered applications and registration service
        fees.--
                ``(A) In general.--Not later than 30 days after the
            effective date of the Pesticide Registration Improvement Act of
            2003, the Administrator shall publish in the Federal Register a
            schedule of covered pesticide registration applications and
            corresponding registration service fees.
                ``(B) Report.--Subject to paragraph (6), the schedule shall
            be the same as the applicable schedule appearing in the
            Congressional Record on pages S11631 through S11633, dated
            September 17, 2003.
            ``(4) Pending pesticide registration applications.--
                ``(A) In general.--An applicant that submitted a
            registration application to the Administrator before the
            effective date of the Pesticide Registration Improvement Act of
            2003, but that is not required to pay a registration service
            fee under paragraph (2)(B), may, on a voluntary basis, pay a
            registration service fee in accordance with paragraph (2)(B).
                ``(B) Voluntary fee.--The Administrator may not compel
            payment of a registration service fee for an application
            described in subparagraph (A).
                ``(C) Documentation.--An application for which a voluntary
            registration service fee is paid under this paragraph shall be
            submitted with documentation certifying--
                    ``(i) payment of the registration service fee; or
                    ``(ii) a request for a waiver from or reduction of the
                registration service fee.
            ``(5) Resubmission of pesticide registration applications.--If
        a pesticide registration application is submitted by a person that
        paid the fee for the application under paragraph (2), is determined
        by the Administrator to be complete, and is not approved or is
        withdrawn (without a waiver or refund), the submission of the same
        pesticide registration application by the same person (or a
        licensee, assignee, or successor of the person) shall not be
        subject to a fee under paragraph (2).
            ``(6) Fee adjustment.--Effective for a covered pesticide
        registration application received on or after October 1, 2005, the
        Administrator shall--
                ``(A) increase by 5 percent the service fee payable for the
            application under paragraph (3); and
                ``(B) publish in the Federal Register the revised
            registration service fee schedule.
            ``(7) Waivers and reductions.--
                ``(A) In general.--An applicant for a covered pesticide
            registration may request the Administrator to waive or reduce
            the amount of a registration service fee payable under this
            section under the circumstances described in subparagraphs (D)
            through (G).
                ``(B) Documentation.--
                    ``(i) In general.--A request for a waiver from or
                reduction of the registration service fee shall be
                accompanied by appropriate documentation demonstrating the
                basis for the waiver or reduction.
                    ``(ii) Certification.--The applicant shall provide to
                the Administrator a written certification, signed by a
                responsible officer, that the documentation submitted to
                support the waiver or reduction request is accurate.
                    ``(iii) Inaccurate documentation.--An application shall
                be subject to the applicable registration service fee
                payable under paragraph (3) if, at any time, the
                Administrator determines that--

                        ``(I) the documentation supporting the waiver or
                    reduction request is not accurate; or
                        ``(II) based on the documentation or any other
                    information, the waiver or reduction should not have
                    been granted or should not be granted.

                ``(C) Determination to grant or deny request.--As soon as
            practicable, but not later than 60 days, after the date on
            which the Administrator receives a request for a waiver or
            reduction of a registration service fee under this paragraph,
            the Administrator shall--
                    ``(i) determine whether to grant or deny the request;
                and
                    ``(ii) notify the applicant of the determination.
                ``(D) Minor uses.--
                    ``(i) In general.--The Administrator may waive or
                reduce a registration service fee for an application for
                minor uses for a pesticide.
                    ``(ii) Supporting documentation.--An applicant
                requesting a waiver under this subparagraph shall provide
                supporting documentation that demonstrates, to the
                satisfaction of the Administrator, that anticipated
                revenues from the uses that are the subject of the
                application would be insufficient to justify imposition of
                the full application fee.
                ``(E) IR-4 waiver.--The Administrator shall waive the
            registration service fee for an application if the
            Administrator determines that--
                    ``(i) the application is solely associated with a
                tolerance petition submitted in connection with the Inter-
                Regional Project Number 4 (IR-4) as described in section 2
                of Public Law 89-106 (7 U.S.C. 450i(e)); and
                    ``(ii) the waiver is in the public interest.
                ``(F) Small businesses.--
                    ``(i) In general.--The Administrator shall waive 50
                percent of the registration service fees payable by an
                entity for a covered pesticide registration application
                under this section if the entity is a small business (as
                defined in section 4(i)(5)(E)(ii)) at the time of
                application.
                    ``(ii) Waiver of fees.--The Administrator shall waive
                all of the registration service fees payable by an entity
                under this section if the entity--

                        ``(I) is a small business (as defined in section
                    4(i)(5)(E)(ii)) at the time of application; and
                        ``(II) has average annual global gross revenues
                    described in section 4(i)(5)(E)(ii)(I)(bb) that does
                    not exceed $10,000,000, at the time of application.

                    ``(iii) Formation for waiver.--The Administrator shall
                not grant a waiver under this subparagraph if the
                Administrator determines that the entity submitting the
                application has been formed or manipulated primarily for
                the purpose of qualifying for the waiver.
                    ``(iv) Documentation.--An entity requesting a waiver
                under this subparagraph shall provide to the
                Administrator--

                        ``(I) documentation demonstrating that the entity
                    is a small business (as defined in section
                    4(i)(5)(E)(ii)) at the time of application; and
                        ``(II) if the entity is requesting a waiver of all
                    registration service fees payable under this section,
                    documentation demonstrating that the entity has an
                    average annual global gross revenues described in
                    section 4(i)(5)(E)(ii)(I)(bb) that does not exceed
                    $10,000,000, at the time of application.

                ``(G) Federal and state agency exemptions.--An agency of
            the Federal Government or a State government shall be exempt
            from covered registration service fees under this section.
            ``(8) Refunds.--
                ``(A) Early withdrawals.--If, during the first 60 days
            after the beginning of the applicable decision time review
            period under subsection (f)(3), a covered pesticide
            registration application is withdrawn by the applicant, the
            Administrator shall refund all but 10 percent of the total
            registration service fee payable under paragraph (3) for the
            application.
                ``(B) Withdrawals after the first 60 days of decision
            review time period.--
                    ``(i) In general.--If a covered pesticide registration
                application is withdrawn after the first 60 days of the
                applicable decision time review period, the Administrator
                shall determine what portion, if any, of the total
                registration service fee payable under paragraph (3) for
                the application may be refunded based on the proportion of
                the work completed at the time of withdrawal.
                    ``(ii) Timing.--The Administrator shall--

                        ``(I) make the determination described in clause
                    (i) not later than 90 days after the date the
                    application is withdrawn; and
                        ``(II) provide any refund as soon as practicable
                    after the determination.

                ``(C) Discretionary refunds.--
                    ``(i) In general.--In the case of a pesticide
                registration application that has been filed with the
                Administrator and has not been withdrawn by the applicant,
                but for which the Administrator has not yet made a final
                determination, the Administrator may refund a portion of a
                covered registration service fee if the Administrator
                determines that the refund is justified.
                    ``(ii) Basis.--The Administrator may provide a refund
                for an application under this subparagraph--

                        ``(I) on the basis that, in reviewing the
                    application, the Administrator has considered data
                    submitted in support of another pesticide registration
                    application; or
                        ``(II) on the basis that the Administrator
                    completed portions of the review of the application
                    before the effective date of this section.

                ``(D) Credited fees.--In determining whether to grant a
            refund under this paragraph, the Administrator shall take into
            account any portion of the registration service fees credited
            under paragraph (2) or (4).
        ``(c) Pesticide Registration Fund.--
            ``(1) Establishment.--There is established in the Treasury of
        the United States a Pesticide Registration Fund to be used in
        carrying out this section (referred to in this section as the
        `Fund'), consisting of--
                ``(A) such amounts as are deposited in the Fund under
            paragraph (2);
                ``(B) any interest earned on investment of amounts in the
            Fund under paragraph (4); and
                ``(C) any proceeds from the sale or redemption of
            investments held in the Fund.
            ``(2) Deposits in fund.--Subject to paragraph (4), the
        Administrator shall deposit fees collected under this section in
        the Fund.
            ``(3) Expenditures from fund.--
                ``(A) In general.--Subject to subparagraphs (B) and (C) and
            paragraph (4), the Administrator may make expenditures from the
            Fund--
                    ``(i) to cover the costs associated with the review and
                decisionmaking pertaining to all applications for which
                registration service fees have been paid under this
                section; and
                    ``(ii) to otherwise carry out this section.
                ``(B) Worker protection.--For each of fiscal years 2004
            through 2008, the Administrator shall use approximately \1/17\
            of the amount in the Fund (but not more than $1,000,000, and
            not less than $750,000, for any fiscal year) to enhance current
            scientific and regulatory activities related to worker
            protection.
                ``(C) New inert ingredients.--For each of fiscal years 2004
            and 2005, the Administrator shall use approximately \1/34\ of
            the amount in the Fund (but not to exceed $500,000 for any
            fiscal year) for the review and evaluation of new inert
            ingredients.
            ``(4) Collections and appropriations acts.--The fees authorized
        by this section and amounts deposited in the Fund--
                ``(A) shall be collected and made available for obligation
            only to the extent provided in advance in appropriations Acts;
            and
                ``(B) shall be available without fiscal year limitation.
            ``(5) Unused funds.--Amounts in the Fund not currently needed
        to carry out this section shall be--
                ``(A) maintained readily available or on deposit;
                ``(B) invested in obligations of the United States or
            guaranteed by the United States; or
                ``(C) invested in obligations, participations, or other
            instruments that are lawful investments for fiduciary, trust,
            or public funds.
        ``(d) Assessment of Fees.--
            ``(1) Definition of covered functions.--In this subsection, the
        term `covered functions' means functions of the Office of Pesticide
        Programs of the Environmental Protection Agency, as identified in
        key programs and projects of the final operating plan for the
        Environmental Protection Agency submitted as part of the budget
        process for fiscal year 2002, regardless of any subsequent transfer
        of 1 or more of the functions to another office or agency or the
        subsequent transfer of a new function to the Office of Pesticide
        Programs.
            ``(2) Minimum amount of appropriations.--For fiscal years 2004,
        2005, and 2006 only, registration service fees may not be assessed
        for a fiscal year under this section unless the amount of
        appropriations for salaries, contracts, and expenses for the
        functions (as in existence in fiscal year 2002) of the Office of
        Pesticide Programs of the Environmental Protection Agency for the
        fiscal year (excluding the amount of any fees appropriated for the
        fiscal year) are equal to or greater than the amount of
        appropriations for covered functions for fiscal year 2002
        (excluding the amount of any fees appropriated for the fiscal
        year).
            ``(3) Use of fees.--Registration service fees authorized by
        this section shall be available, in the aggregate, only to defray
        increases in the costs associated with the review and
        decisionmaking for the review of pesticide registration
        applications and associated tolerances (including increases in the
        number of full-time equivalent positions in the Environmental
        Protection Agency engaged in those activities) over the costs for
        fiscal year 2002, excluding costs paid from fees appropriated for
        the fiscal year.
            ``(4) Compliance.--The requirements of paragraph (2) shall have
        been considered to have been met for any fiscal year if the amount
        of appropriations for salaries, contracts, and expenses for the
        functions (as in existence in fiscal year 2002) of the Office of
        Pesticide Programs of the Environmental Protection Agency for the
        fiscal year (excluding the amount of any fees appropriated for the
        fiscal year) is not more than 3 percent below the amount of
        appropriations for covered functions for fiscal year 2002
        (excluding the amount of any fees appropriated for the fiscal
        year).
            ``(5) Subsequent authority.--If the Administrator does not
        assess registration service fees under subsection (b) during any
        portion of a fiscal year as the result of paragraph (2) and is
        subsequently permitted to assess the fees under subsection (b)
        during the fiscal year, the Administrator shall assess and collect
        the fees, without any modification in rate, at any time during the
        fiscal year, notwithstanding any provisions of subsection (b)
        relating to the date fees are to be paid.
        ``(e) Reforms to Reduce Decision Time Review Periods.--To the
    maximum extent practicable consistent with the degrees of risk
    presented by pesticides and the type of review appropriate to evaluate
    risks, the Administrator shall identify and evaluate reforms to the
    pesticide registration process under this Act with the goal of reducing
    decision review periods in effect on the effective date of the
    Pesticide Registration Improvement Act of 2003 for pesticide
    registration actions for covered pesticide registration applications
    (including reduced risk applications).
        ``(f) Decision Time Review Periods.--
            ``(1) In general.--Not later than 30 days after the effective
        date of the Pesticide Registration Improvement Act of 2003, the
        Administrator shall publish in the Federal Register a schedule of
        decision review periods for covered pesticide registration actions
        and corresponding registration service fees under this Act.
            ``(2) Report.--The schedule shall be the same as the applicable
        schedule appearing in the Congressional Record on pages S11631
        through S11633, dated September 17, 2003.
            ``(3) Applications subject to decision time review periods.--
        The decision time review periods specified in paragraph (1) shall
        apply to--
                ``(A) covered pesticide registration applications subject
            to registration service fees under subsection (b)(2);
                ``(B) covered pesticide registration applications for which
            an applicant has voluntarily paid registration service fees
            under subsection (b)(4); and
                ``(C) covered pesticide registration applications listed in
            the Registration Division 2003 Work Plan of the Office of
            Pesticide Programs of the Environmental Protection Agency.
            ``(4) Start of decision time review period.--
                ``(A) In general.--Except as provided in subparagraphs (C),
            (D), and (E), in the case of a pesticide registration
            application accompanied by the registration service fee
            required under this section, the decision time review period
            begins 21 days after the date on which the Administrator
            receives the covered pesticide registration application.
                ``(B) Completeness of application.--In conducting an
            initial screening of an application, the Administrator shall
            determine--
                    ``(i) whether--

                        ``(I) the applicable registration service fee has
                    been paid; or
                        ``(II) the application contains a waiver or refund
                    request; and

                    ``(ii) whether the application--

                        ``(I) contains all necessary forms, data, draft
                    labeling, and, documentation certifying payment of any
                    registration service fee required under this section;
                    or
                        ``(II) establishes a basis for any requested waiver
                    or reduction.

                ``(C) Applications with waiver or reduction requests.--
                    ``(i) In general.--In the case of an application
                submitted with a request for a waiver or reduction of
                registration service fees under subsection (b)(7), the
                decision time review period shall be determined in
                accordance with this subparagraph.
                    ``(ii) Request granted with no additional fees
                required.--If the Administrator grants the waiver or
                reduction request and no additional fee is required, the
                decision time review period begins on the earlier of--

                        ``(I) the date on which the Administrator grants
                    the request; or
                        ``(II) the date that is 60 days after the date of
                    receipt of the application.

                    ``(iii) Request granted with additional fees
                required.--If the Administrator grants the waiver or
                reduction request, in whole or in part, but an additional
                registration service fee is required, the decision time
                review period begins on the date on which the Administrator
                receives certification of payment of the applicable
                registration service fee.
                    ``(iv) Request denied.--If the Administrator denies the
                waiver or reduction request, the decision time review
                period begins on the date on which the Administrator
                receives certification of payment of the applicable
                registration service fee.
                ``(D) Pending applications.--
                    ``(i) In general.--The start of the decision time
                review period for applications described in clause (ii)
                shall be the date on which the Administrator receives
                certification of payment of the applicable registration
                service fee.
                    ``(ii) Applications.--Clause (i) applies to--

                        ``(I) covered pesticide registration applications
                    for which voluntary fees have been paid under
                    subsection (b)(4); and
                        ``(II) covered pesticide registration applications
                    received on or after the effective date of the
                    Pesticide Registration Improvement Act of 2003 but
                    submitted without the applicable registration service
                    fee required under this section due to the inability of
                    the Administrator to assess fees under subsection
                    (d)(1).

                ``(E) 2003 work plan.--In the case of a covered pesticide
            registration application listed in the Registration Division
            2003 Work Plan of the Office of Pesticide Programs of the
            Environmental Protection Agency, the decision time review
            period begins on the date that is 30 days after the effective
            date of the Pesticide Registration Improvement Act of 2003.
            ``(5) Extension of decision time review period.--The
        Administrator and the applicant may mutually agree in writing to
        extend a decision time review period under this subsection.
        ``(g) Judicial Review.--
            ``(1) In general.--Any applicant adversely affected by the
        failure of the Administrator to make a determination on the
        application of the applicant for registration of a new active
        ingredient or new use for which a registration service fee is paid
        under this section may obtain judicial review of the failure solely
        under this section.
            ``(2) Scope.--
                ``(A) In general.--In an action brought under this
            subsection, the only issue on review is whether the
            Administrator failed to make a determination on the application
            specified in paragraph (1) by the end of the applicable
            decision time review period required under subsection (f) for
            the application.
                ``(B) Other actions.--No other action authorized or
            required under this section shall be judicially reviewable by a
            Federal or State court.
            ``(3) Timing.--
                ``(A) In general.--A person may not obtain judicial review
            of the failure of the Administrator to make a determination on
            the application specified in paragraph (1) before the
            expiration of the 2-year period that begins on the date on
            which the decision time review period for the application ends.
                ``(B) Meeting with administrator.--To be eligible to seek
            judicial review under this subsection, a person seeking the
            review shall first request in writing, at least 120 days before
            filing the complaint for judicial review, a decision review
            meeting with the Administrator.
            ``(4) Remedies.--The Administrator may not be required or
        permitted to refund any portion of a registration service fee paid
        in response to a complaint that the Administrator has failed to
        make a determination on the covered pesticide registration
        application specified in paragraph (1) by the end of the applicable
        decision review period.
        ``(h) Accounting.--The Administrator shall--
            ``(1) provide an annual accounting of the registration service
        fees paid to the Administrator and disbursed from the Fund, by
        providing financial statements in accordance with--
                ``(A) the Chief Financial Officers Act of 1990 (Public Law
            101-576; 104 Stat. 2838) and amendments made by that Act; and
                ``(B) the Government Management Reform Act of 1994 (Public
            Law 103-356; 108 Stat. 3410) and amendments made by that Act;
            ``(2) provide an accounting describing expenditures from the
        Fund authorized under subsection (c); and
            ``(3) provide an annual accounting describing collections and
        expenditures authorized under subsection (d).
        ``(i) Auditing.--
            ``(1) Financial statements of agencies.--For the purpose of
        section 3515(c) of title 31, United States Code, the Fund shall be
        considered a component of an executive agency.
            ``(2) Components.--The annual audit required under sections
        3515(b) and 3521 of that title of the financial statements of
        activities under this section shall include an analysis of--
                ``(A) the fees collected under subsection (b) and
            disbursed;
                ``(B) compliance with subsection (f);
                ``(C) the amount appropriated to meet the requirements of
            subsection (d)(1); and
                ``(D) the reasonableness of the allocation of the overhead
            allocation of costs associated with the review and
            decisionmaking pertaining to applications under this section.
            ``(3) Inspector general.--The Inspector General of the
        Environmental Protection Agency shall--
                ``(A) conduct the annual audit required under this
            subsection; and
                ``(B) report the findings and recommendations of the audit
            to the Administrator and to the appropriate committees of
            Congress.
        ``(j) Personnel Levels.--All full-time equivalent positions
    supported by fees authorized and collected under this section shall not
    be counted against the agency-wide personnel level goals of the
    Environmental Protection Agency.
        ``(k) Reports.--
            ``(1) In general.--Not later than March 1, 2005, and each March
        1 thereafter through March 1, 2009, the Administrator shall publish
        an annual report describing actions taken under this section.
            ``(2) Contents.--The report shall include--
                ``(A) a review of the progress made in carrying out each
            requirement of subsections (e) and (f), including--
                    ``(i) the number of applications reviewed, including
                the decision times for each application specified in
                subsection (f);
                    ``(ii) the number of actions pending in each category
                of actions described in subsection (f)(3), as well as the
                number of inert ingredients;
                    ``(iii) to the extent determined appropriate by the
                Administrator and consistent with the authorities of the
                Administrator and limitations on delegation of functions by
                the Administrator, recommendations for--

                        ``(I) expanding the use of self-certification in
                    all appropriate areas of the registration process;
                        ``(II) providing for accreditation of outside
                    reviewers and the use of outside reviewers to conduct
                    the review of major portions of applications; and
                        ``(III) reviewing the scope of use of the
                    notification process to cover broader categories of
                    registration actions; and

                    ``(iv) the use of performance-based contracts, other
                contracts, and procurement to ensure that--

                        ``(I) the goals of this Act for the timely review
                    of applications for registration are met; and
                        ``(II) the registration program is administered in
                    the most productive and cost effective manner
                    practicable;

                ``(B) a description of the staffing and resources relating
            to the costs associated with the review and decisionmaking
            pertaining to applications; and
                ``(C) a review of the progress in meeting the timeline
            requirements of section 4(g).
            ``(3) Method.--The Administrator shall publish a report
        required by this subsection by such method as the Administrator
        determines to be the most effective for efficiently disseminating
        the report, including publication of the report on the Internet
        site of the Environmental Protection Agency.
        ``(l) Savings Clause.--Nothing in this section affects any other
    duties, obligations, or authorities established by any other section of
    this Act, including the right to judicial review of duties,
    obligations, or authorities established by any other section of this
    Act.
        ``(m) Termination of Effectiveness.--
            ``(1) In general.--Except as provided in paragraph (2), the
        authority provided by this section terminates on September 30,
        2008.
            ``(2) Phase out.--
                ``(A) Fiscal year 2009.--During fiscal year 2009, the
            requirement to pay and collect registration service fees
            applies, except that the level of registration service fees
            payable under this section shall be reduced 40 percent below
            the level in effect on September 30, 2008.
                ``(B) Fiscal year 2010.--During fiscal year 2010, the
            requirement to pay and collect registration service fees
            applies, except that the level of registration service fees
            payable under this section shall be reduced 70 percent below
            the level in effect on September 30, 2008.
                ``(C) September 30, 2010.--Effective September 30, 2010,
            the requirement to pay and collect registration service fees
            terminates.
                ``(D) Decision review periods.--
                    ``(i) Pending applications.--In the case of an
                application received under this section before September
                30, 2008, the application shall be reviewed in accordance
                with subsection (f).
                    ``(ii) New applications.--In the case of an application
                received under this section on or after September 30, 2008,
                subsection (f) shall not apply to the application.''.
        (g) Conforming Amendments.--The table of contents in section 1(b)
    of the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C.
    prec. 136) is amended--
            (1) by striking the item relating to section 4(k)(3) and
        inserting the following:

        ``(3) Review of inert ingredients; expedited processing of similar
              applications.'';

        and
            (2) by striking the items relating to sections 30 and 31 and
        inserting the following:

    ``Sec. 30. Minimum requirements for training of maintenance applicators
              and service technicians.
    ``Sec. 31. Environmental Protection Agency minor use program.
    ``Sec. 32. Department of Agriculture minor use program.
        ``(a) In general.
        ``(b)(1) Minor use pesticide data.
        ``(2) Minor Use Pesticide Data Revolving Fund.
    ``Sec. 33. Pesticide registration service fees.
        ``(a) Definition of costs.
        ``(b) Fees.
            ``(1) In general.
            ``(2) Covered pesticide registration applications.
            ``(3) Schedule of covered applications and registration service
                  fees.
            ``(4) Pending pesticide registration applications.
            ``(5) Resubmission of pesticide registration applications.
            ``(6) Fee adjustment.
            ``(7) Waivers and reductions.
            ``(8) Refunds.
        ``(c) Pesticide Registration Fund.
            ``(1) Establishment.
            ``(2) Transfers to Fund.
            ``(3) Expenditures from Fund.
            ``(4) Collections and appropriations Acts.
            ``(5) Unused funds.
        ``(d) Assessment of fees.
            ``(1) Definition of covered functions.
            ``(2) Minimum amount of appropriations.
            ``(3) Use of fees.
            ``(4) Compliance.
            ``(5) Subsequent authority.
        ``(e) Reforms to reduce decision time review periods.
        ``(f) Decision time review periods.
            ``(1) In general.
            ``(2) Report.
            ``(3) Applications subject to decision time review periods.
            ``(4) Start of decision time review period.
            ``(5) Extension of decision time review period.
        ``(g) Judicial review.
            ``(1) In general.
            ``(2) Scope.
            ``(3) Timing.
            ``(4) Remedies.
        ``(h) Accounting.
        ``(i) Auditing.
            ``(1) Financial statements of agencies.
            ``(2) Components.
            ``(3) Inspector General.
        ``(j) Personnel levels.
        ``(k) Reports.
            ``(1) In general.
            ``(2) Contents.
        ``(l) Savings clause.
        ``(m) Termination of effectiveness.
            ``(1) In general.
            ``(2) Phase out.
    ``Sec. 34. Severability.
    ``Sec. 35. Authorization for appropriations.''.

        (h) Effective Date.--Except as otherwise provided in this section
    and the amendments made by this section, this section and the
    amendments made by this section take effect on the date that is 60 days
    after the date of enactment of this Act.
        This division may be cited as the ``Departments of Veterans Affairs
    and Housing and Urban Development, and Independent Agencies
    Appropriations Act, 2004''.

              DIVISION H--MISCELLANEOUS APPROPRIATIONS AND OFFSETS

                         (including rescissions of funds)

                          (including transfers of funds)

    That the following sums are appropriated, out of any money in the
    Treasury not otherwise appropriated, for the fiscal year ending
    September 30, 2004, and for other purposes, namely: -
        Sec. 101. Section 1241(a)(3) of the Food Security Act of 1985 (16
    U.S.C. 3841(a)(3)) is amended by striking ``, using'' and all that
    follows through ``2013''.
        Sec. 102. (a) Of the funds appropriated under the heading
    ``Emergency Preparedness and Response, Disaster Relief'' in chapter 2
    of title I of Public Law 108-106, $225,000,000 are rescinded.
        (b) In addition to amounts appropriated in Public Law 108-108 for
    ``Forest Service, Wildland Fire Management'' for hazardous fuels
    reduction, hazard mitigation, and rehabilitation activities of the
    Forest Service in southern California, $25,000,000, to remain available
    until expended.
        (c) In addition to amounts appropriated in Public Law 108-108 for
    ``Forest Service, State and Private Forestry'' for hazard mitigation,
    fuels reduction, and forest health protection and mitigation activities
    on State and private lands in southern California, $25,000,000, to
    remain available until expended.
        (d) In addition to amounts made available elsewhere in this Act for
    the ``Department of Agriculture, Emergency Watershed Protection
    Program'' to carry out additional activities in response to the recent
    wildfires in southern California, including the provision of technical
    and financial assistance to respond to the tree mortality emergency in
    Los Angeles, Riverside, San Diego and San Bernardino Counties,
    California, $150,000,000, to remain available until expended.
        (e) For an additional amount for the tree assistance program in
    southern California under subtitle C of title X of the Farm Security
    and Rural Investment Act of 2002 (7 U.S.C. 8201 et seq.), $12,500,000.
        (f) For an additional amount for the emergency conservation program
    in southern California under title IV of the Agricultural Credit Act of
    1978 (16 U.S.C. 2201 et seq.), $12,000,000.
        (g) For an additional amount for the livestock indemnity program in
    southern California under the heading ``COMMODITY CREDIT CORPORATION
    FUND'' in chapter 1 of title I of the 1999 Emergency Supplemental
    Appropriations Act (Public Law 106-31; 113 Stat. 59), $500,000.
        (h) The amounts provided or made available by this section are
    designated by the Congress as an emergency requirement pursuant to
    section 502 of H. Con. Res. 95 (108th Congress), the concurrent
    resolution on the budget for fiscal year 2004.
        Sec. 103. In addition to amounts otherwise made available in this
    Act, for ``Office of Justice Programs--State and Local Law Enforcement
    Assistance'' for discretionary grants under the Edward Byrne Memorial
    State and Local Law Enforcement Assistance Programs for reimbursement
    to State and local law enforcement entities for security and related
    costs, including overtime, associated with the 2004 Presidential
    Candidate Nominating Conventions, $50,000,000, to remain available
    until September 30, 2005.
        Sec. 104. (a) Commission on the Abraham Lincoln Study Abroad
    Fellowship Program.--There are appropriated, out of any money in the
    Treasury not otherwise appropriated, $500,000 to establish and fund a
    bipartisan Commission on the Abraham Lincoln Study Abroad Fellowship
    Program (in this section referred to as the ``Commission'').
        (b) Recommendations and Development of Program.--
            (1) Recommendations.--The Commission shall recommend a program
        to greatly expand the opportunity for students at institutions of
        higher education in the United States to study abroad, with special
        emphasis on studying in developing nations.
            (2) Development of program.--The Secretary of State, the
        Secretary of Education, the Secretary of Commerce, and the
        Secretary of Defense, in consultation with the Commission, shall
        develop a program, described in paragraph (1), that assists a
        diverse group of students and meets the growing need of the United
        States to become more sensitive to the cultures of other countries.
        (c) Composition.--
            (1) In general.--The Commission shall consist of 17 members to
        be appointed as follows:
                (A) Three members shall be appointed by the Majority Leader
            of the Senate.
                (B) Three members shall be appointed by the Minority Leader
            of the Senate.
                (C) Three members shall be appointed by the Speaker of the
            House of Representatives.
                (D) Three members shall be appointed by the Minority Leader
            of the House of Representatives.
                (E) One member shall be appointed by the President from a
            list of candidates submitted by the Secretary of State.
                (F) One member shall be appointed by the President from a
            list of candidates submitted by the Secretary of Defense.
                (G) One member shall be appointed by the President from a
            list of candidates submitted by the Secretary of Education.
                (H) One member shall be appointed by the President from a
            list of candidates submitted by the Secretary of Commerce.
                (I) One member shall be appointed jointly by the
            individuals described in subparagraphs (A) through (D), and
            such member shall serve as Chair of the Commission.
            (2) Types of individuals.--The Commission may consist of
        members who are leaders in university exchange programs, leaders in
        foreign policy, and business leaders with experience in
        international trade.
        (d) Executive Director and Staff.--
            (1) Appointment of executive director.--The Chair of the
        Commission may, without regard to the civil service laws and
        regulations, appoint and terminate an executive director of the
        Commission. The employment of an executive director shall be
        subject to confirmation by the Commission. The Chair of the
        Commission may fix the compensation of the executive director
        without regard to the provisions of chapter 51 and subchapter III
        of chapter 53 of title 5, United States Code, relating to
        classification of positions and General Schedule pay rates, except
        that the rate of pay for the executive director may not exceed the
        rate payable for level V of the Executive Schedule under section
        5316 of such title.
            (2) Staff.--The executive director may appoint not more than 3
        individuals to assist the executive director in carrying out the
        duties of the executive director. The Chair of the Commission may
        fix the compensation of the individuals appointed by the executive
        director without regard to the provisions of chapter 51 and
        subchapter III of chapter 53 of title 5, United States Code,
        relating to classification of positions and General Schedule pay
        rates, except that the rate of pay for such individuals may not
        exceed the rate payable for level V of the Executive Schedule under
        section 5316 of such title.
        (e) Compensation.--Members of the Commission shall not receive
    compensation for the performance of services for the Commission, but
    shall be allowed travel expenses, including per diem in lieu of
    subsistence, at rates authorized for employees of agencies under
    subchapter I of chapter 57 of title 5, United States Code, while away
    from their homes or regular places of business in the performance of
    services for the Commission.
        (f) Report.--Not later than December 1, 2004, the Commission shall
    submit a report to the appropriate committee of Congress and the
    President on recommendations for a program to greatly expand the
    opportunity for students at institutions of higher education in the
    United States to study abroad.
        (g) Termination.--The Commission shall terminate not later than
    December 31, 2004.
        Sec. 105. (a) None of the funds made available under this Act may
    be obligated or expended to implement any measures to reduce
    overfishing and promote rebuilding of fish stocks managed under the
    Management Plan other than such measures set out in the final rule.
        (b) In this section:
            (1) The term ``final rule'' means the final rule of the
        National Oceanic and Atmospheric Administration relating to the
        Magnuson-Stevens Fishery Conservation and Management Act
        Provisions; Fisheries of the Northeastern United States; Northeast
        (NE) Multispecies Fishery that was published on June 27, 2003 (68
        Fed. Reg. 38234).
            (2) The term ``Management Plan'' means the Northeast
        Multispecies Fishery Management Plan prepared pursuant to section
        303 of the Magnuson-Stevens Fishery Conservation and Management Act
        (16 U.S.C. 1853).
        Sec. 106. In addition to amounts otherwise made available in this
    Act, for ``Supreme Court of the United States, Care of the Building and
    Grounds'', $16,000,000, to remain available until expended.
        Sec. 107. For an additional amount under the heading ``State and
    Local Law Enforcement Assistance, Office of Justice Programs'',
    $2,250,000, of which $750,000 shall only be available for the
    University of Southern Mississippi Rural Law Enforcement Training
    Initiative, $750,000 shall only be available for the Mississippi
    University for Women Institutional Security Program, and $750,000 shall
    only be available for the City of Jackson, Mississippi, Public Safety
    Automated Technologies Program.
        Sec. 108. Upon enactment of this Act, the Secretary of Defense
    shall make the following transfers of funds: Provided, That funds so
    transferred shall be merged with and shall be available for the same
    purpose and for the same time period as the appropriation to which
    transferred: Provided further, That the amounts shall be transferred
    between the following appropriations in the amounts specified:
            From:
                Under the heading, ``Shipbuilding and Conversion, Navy,
            1998/2007'':
                    CVN Refuelings, $29,000,000;
                Under the heading, ``Shipbuilding and Conversion, Navy,
            2003/2007'':
                    Outfitting, post delivery, conversions, and first
                destination transportation, $8,000,000;
                Under the heading, ``Shipbuilding and Conversion, Navy,
            2004/2008'':
                    Outfitting, post delivery, conversions, and first
                destination transportation, $11,800,000;
                    CVN Refuelings (AP), $16,600,000;
                Under the heading, ``Research, Development, Test and
            Evaluation, Navy, 2004/2005'', $9,200,000;
            To:
                Under the heading, ``Shipbuilding and Conversion, Navy,
            2004/2008'':
                    NSSN (AP), $37,200,000;
                    NSSN, $11,800,000;
                Under the heading, ``Shipbuilding and Conversion, Navy,
            2002/2006'':
                    SSN Submarine Refuelings, $19,600,000; and
                Under the heading, ``Defense Health Program'', $6,000,000.
        Sec. 109. Effective immediately after the enactment of the National
    Defense Authorization Act for Fiscal Year 2004, section 724(d)(2) of
    the National Defense Authorization Act for Fiscal Year 1997 (Public Law
    104-201; 10 U.S.C. 1073 note) is amended--
            (1) in subparagraph (A)--
                (A) by redesignating clauses (i) and (ii) as clauses (ii)
            and (iii), respectively; and
                (B) by inserting after ``who--'' the following new clause
            (i):
            ``(i) do not have other primary health insurance coverage
        (other than Medicare coverage) covering basic primary care and
        inpatient and outpatient services;''; and
            (2) by striking subparagraph (B) and inserting the following:
        ``(B) For each fiscal year beginning after September 30, 2003, the
    number of covered beneficiaries newly enrolled by designated providers
    pursuant to clause (ii) of subparagraph (A) during such fiscal year may
    not exceed 10 percent of the total number of the covered beneficiaries
    who are newly enrolled under such subparagraph during such fiscal
    year.''.
        Sec. 110. Section 853 of the National Defense Authorization Act for
    Fiscal Year 2004 is amended--
            (1) by redesignating subsection (c) as subsection (d); and
            (2) by inserting after subsection (b) the following new
        subsection (c):
        ``(c) Credit Toward Certain Small Business Contracting Goals.--
    Department of Defense contracts entered into with eligible contractors
    under the demonstration project under this section, and subcontracts
    entered into with eligible contractors under such contracts, shall be
    credited toward the attainment of goals established under section 2323
    of title 10, United States Code, and section 15(g)(1) of the Small
    Business Act (15 U.S.C. 644(g)(1)) regarding the extent of the
    participation of disadvantaged small business concerns in contracts of
    the Department of Defense and subcontracts under such contracts.''.
        Sec. 111. Section 8022 of the Department of Defense Appropriations
    Act, 2004, Public Law 108-87, shall not apply to a cost study of a
    multi-function activity for which the Department of Defense had
    solicited proposals as of the date of the enactment of that Act.
        Sec. 112. Of the amounts made available to the Department of
    Defense under the heading ``Defense Health Program'' for
    ``Procurement'', $3,100,000 shall be made available to acquire Linear
    Accelerator Radiation Therapy equipment and associated operating
    software for Walter Reed Army Medical Center: Provided, That of the
    amounts available to the Department of Defense under the heading
    ``Defense Health Program'' for ``Operation and Maintenance, In-House
    Care'', $2,900,000 shall be made available for the Defense and Veterans
    Head Injury Program: Provided further, That these funds are in addition
    to funds provided in previous Acts.
        Sec. 113. (a) The Secretary of Defense shall study issues related
    to the consolidation of the storage of mercury contained in the
    National Defense Stockpile under the Strategic and Critical Materials
    Stock Piling Act (50 U.S.C. 98 et seq.) and report to Congress on June
    1, 2004, on the results of the study.
        (b) A decision to consolidate the storage of mercury to a site that
    currently does not store mercury contained in the National Defense
    Stockpile under the Strategic and Critical Materials Stock Piling Act
    (50 U.S.C. 98 et seq.) shall occur no earlier than 180 days after the
    date of the report required in subsection (a).
        Sec. 114. Notwithstanding any other provision of law, the Secretary
    of Defense may transfer up to $120,000,000 of funds available in the
    Iraq Freedom Fund to carry out the classified project described in the
    classified annex accompanying Public Law 107-206, and acquire such
    interests in real property as he deems necessary to carry out such
    project: Provided, That the Secretary may transfer such funds to other
    appropriation accounts of the Department, and the amounts so
    transferred shall be available for the same purposes and for the same
    time period as the appropriations to which transferred: Provided
    further, That this transfer authority is in addition to any other
    transfer authority available to the Department of Defense.
        Sec. 115. Of the amounts provided in Public Laws 107-117, 107-248,
    and 108-87 under the heading ``National Defense Sealift Fund'' for
    construction of additional sealift capacity, $40,000,000 shall be made
    available for the construction of a Port of Philadelphia marine cargo
    terminal for high-speed military sealift and other military purposes.
        Sec. 116. The Department of Veterans Affairs medical center in St.
    Petersburg, Florida, shall, after the end of the service of C. W. Bill
    Young as a Member of Congress, be known and designated as the ``C. W.
    Bill Young Department of Veterans Affairs Medical Center''. Any
    reference in any law, regulation, map, document, record, or other paper
    of the United States to such medical center shall be considered to be a
    reference to the ``C. W. Bill Young Department of Veterans Affairs
    Medical Center''.
        Sec. 117. Of the funds provided in Public Law 108-7, under the
    heading of ``Department of Defense--Civil'', ``Department of the
    Army'', ``Corps of Engineers--Civil'', ``Construction, General'', the
    Secretary of the Army, acting through the Chief of Engineers, is
    directed to proceed with the construction of the False Pass, Alaska,
    project, in accordance with the Report of the Chief of Engineers, dated
    December 29, 2000.
        Sec. 118. The Secretary of the Army, acting through the Chief of
    Engineers, is hereby authorized and directed to design the Central
    Riverfront Park project on the Ohio Riverfront in Cincinnati, Ohio, as
    described in the Central Riverfront Park Master Plan performed by the
    City of Cincinnati, dated December 1999, and the section 905(b)
    analysis, performed by the Louisville District of the Corps of
    Engineers, dated August 2002. The cost of project work undertaken by
    the non-Federal interests, including but not limited to prior and
    current planning and design, shall be credited toward the non-Federal
    share of design costs.
        Sec. 119. The Secretary of the Army, acting through the Chief of
    Engineers, is directed to use any remaining available funds from funds
    appropriated in Public Law 101-101 for the Hamlet City Lake, North
    Carolina, project to provide assistance in carrying out any authorized
    water-related infrastructure projects in Richmond County, North
    Carolina.
        Sec. 120. The Secretary of the Army, acting through the Chief of
    Engineers, is directed to snag and clear existing debris including
    trees in Deep River, near Lake Station, Indiana, under section 208 of
    the Flood Control Act of 1954, as amended.
        Sec. 121. Section 117, subsection (4), of the Energy and Water
    Development Appropriations Act, 2004, is amended to read as follows:
            ``(4) in subsection (h), by striking `2001--' and all that
        follows and inserting `2001--$100,000,000 for Rural Nevada, and
        $25,000,000 for each of Idaho, Montana, New Mexico, and rural Utah,
        to remain available until expended.'.''.
        Sec. 122. The Secretary of the Army, acting through the Chief of
    Engineers, is directed to use any remaining available funds from funds
    appropriated and made available in Public Law 103-316 for construction
    of the Savannah Harbor Deepening Project, Savannah, Georgia, for the
    Savannah Harbor Expansion Project, Savannah, Georgia.
        Sec. 123. The Secretary of the Army, acting through the Chief of
    Engineers, is directed to proceed with the construction of the Columbia
    River Channel Improvements, Oregon and Washington, project in
    accordance with the Report of the Chief of Engineers, dated December
    23, 1999, and the economic justification and environmental features
    stated therein, as amended by the Final Supplemental Environmental
    Impact Statement dated January 28, 2003.
        Sec. 124. The Secretary of the Army, acting through the Chief of
    Engineers, is directed to use previously appropriated funds to proceed
    with design and initiate construction to complete the Stillwater,
    Minnesota, Levee and Flood Control project.
        Sec. 125. Of the funds made available in the Energy and Water
    Development Appropriations Act, 2004, to the Western Area Power
    Administration, up to $166,100,000 collected by the Western Area Power
    Administration pursuant to the Flood Control Act of 1944 and the
    Reclamation Project Act of 1939 to recover purchase power and wheeling
    expenses shall be credited to the ``Construction, Rehabilitation,
    Operation and Maintenance, Western Area Power Administration'' account
    as offsetting collections.
        Sec. 126. Of the funds provided for the development of the new
    molecular imaging probes in the statement of managers to accompany H.R.
    2754, $5,000,000 shall be provided to the University of California, Los
    Angeles for the continued efforts for PET imaging, systems biology and
    nanotechnology.
        Sec. 127. Funds appropriated in this, or any other Act hereafter,
    may not be obligated to pay, on behalf of the United States or a
    contractor or subcontractor of the United States, to post a bond or
    fulfill any other financial responsibility requirement relating to
    closure or post-closure care and monitoring of Sandia National
    Laboratories and properties held or managed by Sandia National
    Laboratories prior to implementation of closure or post-closure
    monitoring. The State of New Mexico or any other entity may not enforce
    against the United States or a contractor or subcontractor of the
    United States, in this year or any other fiscal year, a requirement to
    post bond or any other financial responsibility requirement relating to
    closure or post-closure care and monitoring of Sandia National
    Laboratories in New Mexico and properties held or managed by Sandia
    National Laboratories in New Mexico.
        Sec. 128. Treatment of Certain Waste Materials. (a) In General.--
    Notwithstanding any other provision of law, the Federal commission with
    the authority to regulate the material designated as ``11e.(2) by-
    product material'' by section 312 of the Energy and Water Development
    Appropriations Act, 2004, or by section 634 of the Energy Policy Act of
    2003, shall not allow or otherwise permit any facility to receive or
    dispose of such material if the facility is located in a State that has
    an application pending under section 274 of the Atomic Energy Act of
    1954 (42 U.S.C. 2021) to regulate the 11e.(2) material covered under
    this section.
        (b) Sunset.--Subsection (a) ceases to be effective January 1, 2005.
        Sec. 129. In the conference report accompanying H.R. 6, the Energy
    Policy Act, in section 1512, subsection (b) strike ``University of
    Mississippi and the University of Oklahoma'' and insert ``Mississippi
    State University and Oklahoma State University''.
        Sec. 130. Department of Energy, Energy Programs, Science. For an
    additional amount for ``Science'', $50,000,000, to remain available
    until expended, is provided for the Coralville, Iowa, project, which is
    to utilize alternative renewable energy sources.
        Sec. 131. For an additional amount for the ``Science'' account of
    the Department of Energy in the Energy and Water Development
    Appropriations Act, 2004, there is appropriated $250,000, to remain
    available until expended, for Biological Sciences at DePaul University;
    $500,000, to remain available until expended; for the Cedars-Sinai Gene
    Therapy Research Program; and $500,000, to remain available until
    expended, for the Hartford Hospital Interventional Electrophysiology
    Project.
        Sec. 132. For an additional amount for the ``Energy Supply''
    account of the Department of Energy in the Energy and Water Development
    Appropriations Act, 2004, there is appropriated $750,000, to remain
    available until expended, for the Energy Center of Wisconsin Renewable
    Fuels Project; $500,000, to remain available until expended, for the
    Wind Energy Transmission Study; $250,000, to remain available until
    expended, for the White Pine County, Nevada, Public School System
    biomass conversion heating project; $250,000, to remain available until
    expended, for the Lead Animal Shelter Animal Campus renewable energy
    demonstration project; $3,000,000, to remain available until expended,
    for the establishment of a Hawaii Hydrogen Center for Development and
    Deployment of Distributed Energy Systems; and $250,000, to remain
    available until expended, for the Eastern Nevada Landscape Coalition
    for biomass restoration and science-based restoration.
        Sec. 133. For an additional amount for the ``Construction,
    General'' account of the Energy and Water Development Appropriations
    Act, 2004, there is appropriated $13,750,000, to remain available until
    expended.
        Sec. 134. For an additional amount for ``Millennium Challenge
    Corporation'', $350,000,000, to remain available until expended.
        Sec. 135. Section 203(m) of the Robert T. Stafford Disaster Relief
    and Emergency Assistance Act (42 U.S.C. 5133(m)) is amended by striking
    ``December 31, 2003'' and inserting ``December 31, 2004''.
        Sec. 136. (a) The National Flood Insurance Act of 1968 is amended--
            (1) in section 1319 (42 U.S.C. 4026), by striking ``December
        31, 2003'' and inserting ``June 30, 2004.'';
            (2) in the first sentence of section 1309(a) (42 U.S.C.
        4016(a)), by striking ``December 31, 2003'' and inserting ``the
        date specified in section 1319'';
            (3) in section 1336(a) (42 U.S.C. 4056(a)), by striking
        ``December 31, 2003'' and inserting ``on the date specified in
        section 1319''; and
            (4) in section 1376(c) (42 U.S.C. 4127(c)), by striking
        ``December 31, 2003'' and inserting ``the date specified in section
        1319''.
        (b) The amendments made by this section shall be considered to have
    taken effect on December 31, 2003.
        Sec. 137. (a) Section 441(c) of the Maritime Transportation
    Security Act of 2002 (Public Law 107-295) is amended--
            (1) by striking ``and that is not the subject of an action
        prior to June 20, 2002, alleging a breach of subsections (a) and
        (b) of section 10601 as in effect on such date,''; and
            (2) by striking ``such subsections'' and inserting
        ``subsections (a) and (b) of section 10601 of title 46, United
        States Code, as in effect prior to November 25, 2002''.
        (b) The amendments made by subsection (a) apply to all proceedings
    pending on or commenced after the date of enactment of this Act.
        Sec. 138. Public Law 108-108 is amended under the heading ``Bureau
    of Indian Affairs, Construction'' by striking ``25 U.S.C. 2005(a)'' and
    inserting ``25 U.S.C. 2005(b)'' and by striking ``25 U.S.C. 2505(f)''
    and inserting ``25 U.S.C. 2504(f)''.
        Sec. 139. Congaree National Park Boundary Revision. (a) In
    General.--Subsection (c) of the first section of Public Law 94-545 (90
    Stat. 2517; 102 Stat. 2607) is amended by striking paragraph (6) and
    inserting the following:
            ``(6) Effect.--Nothing in this section--
                ``(A) affects the use of private land adjacent to the park;
                ``(B) preempts the authority of the State with respect to
            the regulation of hunting, fishing, boating, and wildlife
            management on private land or water outside the boundaries of
            the park;
                ``(C) shall negatively affect the economic development of
            the areas surrounding the park; or
                ``(D) affects the classification of the park under section
            162 of the Clean Air Act (42 U.S.C. 7472).''.
        (b) Designation of Congaree National Park Wilderness.--
            (1) Designation.--The wilderness established by section 2(a) of
        the Congaree Swamp National Monument Expansion and Wilderness Act
        (102 Stat. 2606) and known as the ``Congaree Swamp National
        Monument Wilderness'' shall be known and designated as the
        ``Congaree National Park Wilderness''.
            (2) References.--Any reference in a law, map, regulation,
        document, paper, or other record of the United States to the
        wilderness referred to in paragraph (1) shall be deemed to be a
        reference to the ``Congaree National Park Wilderness''.
        Sec. 140. Section 123 of the Department of the Interior and Related
    Agencies Appropriations Act, 2004 (Public Law 108-108), is amended by
    striking ``any other governmental land management entity'' and
    inserting ``any other land management entity''.
        Sec. 141. Effective as of November 18, 2003, section 9 of Public
    Law 100-692 (102 Stat. 4556; 16 U.S.C. 461 note.) is amended to read as
    follows:

    ``SEC. 9. TERMINATION OF COMMISSION.

        ``The Commission shall terminate on November 18, 2007.''.
        Sec. 142. Title IV of Public Law 108-108 is amended in section
    403(b)(4) by striking ``75-5-703(10)(b)'' and inserting ``75-5-
    703(10)(c)''.
        Sec. 143. Public Law 108-108 is amended under the heading ``Indian
    Health Service, Indian Health Services'' by striking ``(d) $2,000,000
    for the Alaska Federation of Natives sobriety and wellness program for
    competitive merit-based grants:'' and inserting ``(d) $2,000,000 for
    RuralCap for alcohol treatment and related transitional housing for
    homeless chronic inebriates in Anchorage, Alaska:''.
        Sec. 144. Public Law 108-108 is hereby amended by adding at the end
    of section 344 the following:
        ``(c) Exemptions.--The requirements of this section shall not apply
    to amounts in this Act designated as emergency requirements pursuant to
    section 502 of H. Con. Res. 95 (108th Congress), the concurrent
    resolution on the budget for fiscal year 2004.
        ``(d) Indian Land and Water Claim Settlements.--Under the heading
    `Bureau of Indian Affairs, Indian Land and Water Claim Settlements and
    Miscellaneous Payments to Indians', the across-the-board rescission in
    this section, and any subsequent across-the-board rescission for fiscal
    year 2004, shall apply only to the first dollar amount in the paragraph
    and the distribution of the rescission shall be at the discretion of
    the Secretary of the Interior who shall submit a report on such
    distribution and the rationale therefor to the House and Senate
    Committees on Appropriations.''.
        Sec. 145. Theodore Roosevelt National Wildlife Refuge. (a)
    Definitions.--In this section:
            (1) County.--The term ``county'' means each of the counties of
        Leflore, Holmes, Humphreys, Sharkey, Warren, and Washington in the
        State.
            (2) Refuge.--The term ``Refuge'' means the Theodore Roosevelt
        National Wildlife Refuge established under subsection (b).
            (3) Secretary.--The term ``Secretary'' means the Secretary of
        the Interior.
            (4) State.--The term ``State'' means the State of Mississippi.
        (b) Establishment.--The Secretary shall establish the Theodore
    Roosevelt National Wildlife Refuge, consisting of approximately 6,600
    acres of land that--
            (1) as of the date of enactment of this Act, is owned by the
        United States;
            (2) was formerly in the inventory of the United States
        Department of Agriculture; and
            (3) is located in the counties.
        (c) Map.--As soon as practicable after the date of enactment of
    this Act, the Secretary shall prepare a map depicting the boundaries of
    the Refuge.
        (d) Boundary Revision.--The Secretary may revise the boundaries of
    the Refuge in the counties to--
            (1) carry out the purposes of the Refuge; or
            (2) facilitate the acquisition or donation of land.
        (e) Acquisition of Land.--Notwithstanding any other provision of
    law, the Secretary may, for management purposes, exchange Refuge land
    for land acquired or donated for fee title that is located in the
    counties.
        (f) Education Center.--The Secretary of the Army, acting through
    the Chief of Engineers, in consultation with the Secretary, shall
    design and construct a multiagency wildlife and environmental
    interpretive and education center at a location in the South Delta area
    of the State to be determined by a site selection and feasibility study
    conducted by the Secretary of the Army.
        (g) Designation of Refuge Complexes.--
            (1) Holt collier national wildlife refuge.--
                (A) Designation.--The refuge in the State known as the
            ``Bogue Phalia Unit of the Yazoo National Wildlife Refuge''
            shall be known as the ``Holt Collier National Wildlife
            Refuge''.
                (B) References.--Any reference in a law, map, regulation,
            document, paper, or other record of the United States to the
            refuge referred to in subparagraph (A) shall be deemed to be a
            reference to the ``Holt Collier National Wildlife Refuge''.
            (2) Theodore roosevelt national wildlife refuge complex.--
                (A) Designation.--The refuge complex in the State known as
            the ``Central Mississippi National Wildlife Refuge Complex''
            shall be known as the ``Theodore Roosevelt National Wildlife
            Refuge Complex''.
                (B) References.--Any reference in a law, map, regulation,
            document, paper, or other record of the United States to the
            refuge complex referred to in subparagraph (A) shall be deemed
            to be a reference to the ``Theodore Roosevelt National Wildlife
            Refuge Complex''.
        (h) Authorization of Appropriations.--
            (1) In general.--There are authorized to be appropriated such
        sums as are necessary to carry out this section.
            (2) Education center.--There are authorized to be appropriated
        to carry out subsection (f) $6,000,000.
        Sec. 146. For the purposes described in section 386 of the Energy
    Policy Act of 2003 there is authorized to be appropriated $1,000,000,
    except that upon that Act becoming law, section 386 is amended through
    this Act:
            (1) in subsection (a) by inserting before the term ``to issue''
        the phrase ``or with an entity the Secretary determines is
        qualified to construct and operate a liquefied natural gas project
        to transport liquefied natural gas from Southcentral Alaska to West
        Coast States,'';
            (2) at the end of paragraph 386(b)(1) by striking the period
        and inserting ``, or after the Secretary certifies there exists a
        qualified entity to construct and operate a liquefied natural gas
        project to transport liquefied natural gas from Southcentral Alaska
        to West Coast States. In no case shall loan guarantees be issued
        for more than one qualified project.'';
            (3) at the end of paragraph 386(c)(2) by striking the period
        and inserting ``, except that the total amount of principal that
        may be guaranteed for a qualified liquefied natural gas project may
        not exceed a principal amount in which the cost of loan guarantees,
        as defined by section 502(5) of the Federal Credit Reform Act of
        1990 (2 U.S.C. 661a(5)), exceeds $2,000,000,000.''; and
            (4) at paragraph 386(g)(4):
                (A) by inserting before the term ``consisting'' the new
            term ``or system''; and
                (B) by inserting between the term ``plants'' and the ``)''
            the phrase ``liquification plants and liquefied natural gas
            tankers for transportation of liquefied natural gas from
            Southcentral Alaska to the West Coast''.
        Sec. 147. Payment of Expenses After the Death of Certain Federal
    Employees in the State of Alaska. Section 1308 of the Alaska National
    Interest Lands Conservation Act (16 U.S.C. 3198) is amended--
            (1) by redesignating subsection (c) as subsection (d); and
            (2) by inserting after subsection (b) the following:
        ``(c) Payment of Expenses After Death of an Employee.--
            ``(1) Definition of immediate family member.--In this
        subsection, the term ``immediate family member'' means a person
        related to a deceased employee that was a member of the household
        of the deceased employee at the time of death.
            ``(2) Payments.--If an employee appointed under the program
        established by subsection (a) dies in the performance of any
        assigned duties on or after October 1, 2002, the Secretary may--
                ``(A) pay or reimburse reasonable expenses, regardless of
            when those expenses are incurred, for the preparation and
            transportation of the remains of the deceased employee to a
            location in the State of Alaska which is selected by the
            surviving head of household of the deceased employee;
                ``(B) pay or reimburse reasonable expenses, regardless of
            when those expenses are incurred, for transporting immediate
            family members and the baggage and household goods of the
            deceased employee and immediate family members to a community
            in the State of Alaska which is selected by the surviving head
            of household of the deceased employee.''.
        Sec. 148. United States Office for Native Hawaiian Relations. (a)
    Establishment.--The sum of $100,000 is appropriated, to remain
    available until expended, for the establishment of the Office of Native
    Hawaiian Relations within the Office of the Secretary of the Interior.
        (b) Duties.--The Office shall--
            (1) effectuate and implement the special legal relationship
        between the Native Hawaiian people and the United States;
            (2) continue the process of reconciliation with the Native
        Hawaiian people; and
            (3) fully integrate the principle and practice of meaningful,
        regular, and appropriate consultation with the Native Hawaiian
        people by assuring timely notification of and prior consultation
        with the Native Hawaiian people before any Federal agency takes any
        actions that may have the potential to significantly affect Native
        Hawaiian resources, rights, or lands.
        Sec. 149. Lease of Tribally-owned Land by Assiniboine and Sioux
    Tribes of the Fort Peck Reservation. The first section of the Act of
    August 9, 1955 (25 U.S.C. 415), is amended by adding at the end the
    following:
        ``(g) Lease of Tribally-Owned Land by Assiniboine and Sioux Tribes
    of the Fort Peck Reservation.--
            ``(1) In general.--Notwithstanding subsection (a) and any
        regulations under part 162 of title 25, Code of Federal Regulations
        (or any successor regulation), subject to paragraph (2), the
        Assiniboine and Sioux Tribes of the Fort Peck Reservation may lease
        to the Northern Border Pipeline Company tribally-owned land on the
        Fort Peck Indian Reservation for 1 or more interstate gas
        pipelines.
            ``(2) Conditions.--A lease entered into under paragraph (1)--
                ``(A) shall commence during fiscal year 2011 for an initial
            term of 25 years;
                ``(B) may be renewed for an additional term of 25 years;
            and
                ``(C) shall specify in the terms of the lease an annual
            rental rate--
                    ``(i) which rate shall be increased by 3 percent per
                year on a cumulative basis for each 5-year period; and
                    ``(ii) the adjustment of which in accordance with
                clause (i) shall be considered to satisfy any review
                requirement under part 162 of title 25, Code of Federal
                Regulations (or any successor regulation).''.
        Sec. 150. (a) Short Title. This Act may be cited as the ``Fern Lake
    Conservation and Recreation Act''.
        (b) Findings and Purposes.--
            (1) Findings.--The Congress finds the following:
                (A) Fern Lake and its surrounding watershed in Bell County,
            Kentucky, and Claiborne County, Tennessee, is within the
            potential boundaries of Cumberland Gap National Historical Park
            as originally authorized by the Act of June 11, 1940 (54 Stat.
            262; 16 U.S.C. 261 et seq.).
                (B) The acquisition of Fern Lake and its surrounding
            watershed and its inclusion in Cumberland Gap National
            Historical Park would protect the vista from Pinnacle Overlook,
            which is one of the park's most valuable scenic resources and
            most popular attractions, and enhance recreational
            opportunities at the park.
                (C) Fern Lake is the water supply source for the city of
            Middlesboro, Kentucky, and environs.
                (D) The 4,500-acre Fern Lake watershed is privately owned,
            and the 150-acre lake and part of the watershed are currently
            for sale, but the Secretary of the Interior is precluded by the
            first section of the Act of June 11, 1940 (16 U.S.C. 261), from
            using appropriated funds to acquire the lands.
            (2) Purposes.--The purposes of the Act are--
                (A) to authorize the Secretary of the Interior to use
            appropriated funds if necessary, in addition to other
            acquisition methods, to acquire from willing sellers Fern Lake
            and its surrounding watershed, in order to protect scenic and
            natural resources and enhance recreational opportunities at
            Cumberland Gap National Historical Park; and
                (B) to allow the continued supply of water from Fern Lake
            to the city of Middlesboro, Kentucky, and environs.
        (c) Land Acquisition and Conveyance Authority, Fern Lake,
    Cumberland Gap National Historical Park.--
            (1) Definitions.--In this section:
                (A) Fern lake.--The term ``Fern Lake'' means Fern Lake
            located in Bell County, Kentucky, and Claiborne County,
            Tennessee.
                (B) Land.--The term ``land'' means land, water, interests
            in land, and any improvements on the land.
                (C) Park.--The term ``park'' means Cumberland Gap National
            Historical Park, as authorized and established by the Act of
            June 11, 1940 (54 Stat. 262; 16 U.S.C. 261 et seq.).
                (D) Secretary.--The term ``Secretary'' means the Secretary
            of the Interior, acting through the Director of the National
            Park Service.
            (2) Acquisition authorized.--The Secretary may acquire for
        addition to the park lands consisting of approximately 4,500 acres
        and containing Fern Lake and its surrounding watershed, as
        generally depicted on the map entitled ``Cumberland Gap National
        Historical Park, Fern Lake Watershed'', numbered 380/80,004, and
        dated May 2001. The map shall be on file in the appropriate offices
        of the National Park Service.
            (3) Boundary adjustment and administration.--Subject to
        paragraph (4), the Secretary shall revise the boundaries of the
        park to include the land acquired under paragraph (2). The
        Secretary shall administer the acquired lands as part of the park
        in accordance with the laws and regulations applicable to the park.
            (4) Conveyance of fern lake.--
                (A) Conveyance required.--If the Secretary acquires Fern
            Lake, the Secretary shall convey, notwithstanding any other law
            and without consideration, to the city of Middlesboro,
            Kentucky, all right, title, and interest of the United States
            in and to Fern Lake, up to the normal operating elevation of
            1,200.4 feet above sea level, along with the dam and all
            appurtenances associated with the withdrawal and delivery of
            water from Fern Lake.
                (B) Terms of conveyance.--In executing the conveyance under
            subparagraph (4)(A), the Secretary may retain an easement for
            scenic and recreational purposes.
                (C) Reversionary interest.--In the event Fern Lake is no
            longer used as a source of municipal water supply for the city
            of Middlesboro, Kentucky, and its environs, ownership of Fern
            Lake shall revert to the United States and it shall be managed
            by the Secretary as part of the park.
            (5) Consultation requirements.--In order to better manage lands
        acquired under this section in a manner that will facilitate the
        provision of water for municipal needs, as well as the
        establishment and promotion of new recreational opportunities at
        the park, the Secretary shall consult with--
                (A) appropriate officials in the States of Kentucky,
            Tennessee, and Virginia, and political subdivisions of these
            States;
                (B) organizations involved in promoting tourism in these
            States; and
                (C) other interested parties.
        Sec. 151. (a) The Attending Physician to Congress shall have the
    authority and responsibility for overseeing and coordinating the use of
    medical assets in response to a bioterrorism event and other medical
    contingencies or public health emergencies occurring within the Capitol
    Buildings or the United States Capitol Grounds. This shall include the
    authority to enact quarantine and to declare death. These actions will
    be carried out in close cooperation and communication with the
    Commissioner of Public Health, Chief Medical Examiner, and other Public
    Health Officials of the District of Columbia government.
        (b) In this section--
            (1) the term ``Capitol Buildings'' has the meaning given such
        term in section 5101 of title 40, United States Code; and
            (2) the term ``United States Capitol Grounds'' has the meaning
        given such term in section 5102(a) of title 40, United States Code.
        (c) Subsection (a) shall take effect on the date of the enactment
    of this Act and shall apply during any fiscal year occurring on or
    after such date.
        Sec. 152. (a) Notwithstanding section 907(a) of Public Law 107-206
    (116 Stat. 977) or section 1102 of the Legislative Branch
    Appropriations Act, 2004 (2 U.S.C. 1822(b)), the Architect of the
    Capitol, at any time after the date of the enactment of this Act and
    subject to the availability of appropriations, may enter into an
    agreement to acquire by lease any portion of the real property located
    at 499 South Capitol Street Southwest in the District of Columbia for
    the use of the United States Capitol Police.
        (b) Any real property acquired by the Architect of the Capitol
    pursuant to subsection (a) shall be subject to the provisions of the
    Act entitled ``An Act to define the area of the United States Capitol
    Grounds, to regulate the use thereof, and for other purposes'',
    approved July 31, 1946.
        Sec. 153. The United States Senate-China Interparliamentary Group.
    (a) Establishment and Meetings.--Not to exceed 12 Senators shall be
    appointed to meet annually with representatives of the National
    People's Congress of the People's Republic of China for discussion of
    common problems in the interest of relations between the United States
    and China. The Senators so appointed shall be referred to as the
    ``United States group'' of the United States Senate-China
    Interparliamentary Group.
        (b) Appointment of Members.--The President pro tempore of the
    Senate shall appoint Senators under this section upon the
    recommendations of the majority and minority leaders of the Senate. The
    President pro tempore of the Senate shall designate 1 Senator as the
    Chair of the United States group.
        (c) Funding.--There is authorized to be appropriated $100,000 for
    each fiscal year to assist in meeting the expenses of the United States
    group for each fiscal year for which an appropriation is made.
    Appropriations shall be disbursed on vouchers to be approved by the
    Chair of the United States group.
        (d) Certification of Expenditures.--The certificate of the Chair of
    the United States group shall be final and conclusive upon the
    accounting officers in the auditing of the accounts of the United
    States group.
        (e) Fiscal Year 2004 Funding.--There is authorized within the
    contingent fund of the Senate under the appropriation account
    ``miscellaneous items'' $75,000 for fiscal year 2004 to assist in
    meeting the official expenses of the United States Senate-China
    Interparliamentary Group including conference room expenses,
    hospitality expenses, and food and food-related expenses. Expenses
    shall be paid on vouchers to be approved by the Chair of the United
    States group. The Secretary of the Senate is authorized to advance such
    sums as necessary to carry out this subsection.
        (f) Appropriations.--There are appropriated, out of any money in
    the Treasury not otherwise appropriated, for the fiscal year ending
    September 30, 2004, $100,000 for the United States Senate-China
    Interparliamentary Group.
        (g) Effective Date.--
            (1) In general.--Subsections (a) though (d) shall apply to
        fiscal year 2004, and each fiscal year thereafter.
            (2) Fiscal year 2004.--Subsections (e) and (f) shall apply to
        fiscal year 2004.
        Sec. 154. The United States Senate-Russia Interparliamentary Group.
    (a) Establishment and Meetings.--Not to exceed 12 Senators shall be
    appointed to meet annually with representatives of the Federation
    Council of Russia for discussion of common problems in the interest of
    relations between the United States and Russia. The Senators so
    appointed shall be referred to as the ``United States group'' of the
    United States Senate-Russia Interparliamentary Group.
        (b) Appointment of Members.--The majority and minority leaders of
    the Senate shall appoint the Senators of the United States group. The
    majority leader of the Senate shall designate 1 Senator as the Chair of
    the United States group.
        (c) Funding.--There is authorized to be appropriated $100,000 for
    each fiscal year to assist in meeting the expenses of the United States
    group for each fiscal year for which an appropriation is made.
    Appropriations shall be disbursed on vouchers to be approved by the
    Chair of the United States group.
        (d) Certification of Expenditures.--The certificate of the Chair of
    the United States group shall be final and conclusive upon the
    accounting officers in the auditing of the accounts of the United
    States group.
        (e) Fiscal Year 2004 Funding.--There is authorized within the
    contingent fund of the Senate under the appropriation account
    ``miscellaneous items'' $75,000 for fiscal year 2004 to assist in
    meeting the official expenses of the United States Senate-Russia
    Interparliamentary Group including conference room expenses,
    hospitality expenses, and food and food-related expenses. Expenses
    shall be paid on vouchers to be approved by the Chair of the United
    States group. The Secretary of the Senate is authorized to advance such
    sums as necessary to carry out this subsection.
        (f) Appropriations.--There are appropriated, out of any money in
    the Treasury not otherwise appropriated, for the fiscal year ending
    September 30, 2004, $100,000 for the United States Senate-Russia
    Interparliamentary Group.
        (g) Effective Date.--
            (1) In general.--Subsections (a) though (d) shall apply to
        fiscal year 2004, and each fiscal year thereafter.
            (2) Fiscal year 2004.--Subsections (e) and (f) shall apply to
        fiscal year 2004.
        Sec. 155. Payment of Expenses of the Chaplain of the Senate From
    the Contingent Fund of the Senate. (a) In General.--For each fiscal
    year there is authorized to be expended from the contingent fund of the
    Senate an amount, not in excess of $50,000 for the Chaplain of the
    Senate. Payments under this section shall be made only for expenses
    actually incurred by the Chaplain of the Senate in carrying out his
    functions, and shall be made upon certification and documentation of
    the expenses involved, by the Chaplain claiming payment under this
    section and upon vouchers approved by the Chaplain and by the Committee
    on Rules and Administration. Funds authorized for expenditure under
    this section may be used to purchase food or food related items.
        (b) Repeal of Revolving Fund.--
            (1) Repeal.--Section 2 of the Legislative Branch Appropriations
        Act, 1996 (2 U.S.C. 61d-3) is repealed.
            (2) Remaining funds.--Any funds in the Chaplain Expense
        Revolving Fund on the date of the repeal under this section shall
        be remitted to the general fund of the United States Treasury.
        (c) Effective Date.--This section shall apply with respect to
    fiscal year 2004, and each fiscal year thereafter.
        Sec. 156. (a) There is established in the House of Representatives
    a fund to be known as the ``House of Representatives Revolving Fund'',
    consisting of the following amounts:
            (1) Amounts appropriated to the Fund.
            (2) Amounts donated to the Fund.
            (3) Interest on the balance of the Fund.
        (b) Amounts in the Fund shall be expended at the direction of the
    Chief Administrative Officer of the House of Representatives, upon
    notification provided by the Chief Administrative Officer to the
    Committee on Appropriations of the House of Representatives, and shall
    remain available until expended.
        (c) This section shall apply with respect to fiscal year 2004 and
    each succeeding fiscal year.
        Sec. 157. Recomputation of Benefits Guaranteed in Connection With
    the Termination of the Republic Steel Retirement Plan. (a) In
    General.--The Pension Benefit Guaranty Corporation shall recompute the
    liability for monthly benefits guaranteed under section 4022 of the
    Employee Retirement Income Security Act of 1974 which are payable
    (without regard to this section) with respect to each participant and
    beneficiary under the Republic Steel Retirement Plan in connection with
    its termination on September 30, 1986.
        (b) Adjustment of Guaranteed Benefit Amounts.--In recomputing the
    liability for monthly guaranteed benefits pursuant to subsection (a)
    with respect to each participant or beneficiary, the Corporation shall
    increase the amount of such liability (as determined without regard to
    this section) by--
            (1) the amount of the liability for nonguaranteed benefits
        under the LTV Steel Supplemental Pension Plan, as in effect with
        respect to such participant or beneficiary on January 1, 2001, and
            (2) the amount of the liability for nonguaranteed benefits
        payable through the trust established in connection with the
        Republic Steel Plan under section 4049 of the Employee Retirement
        Income Security Act of 1974, as in effect with respect to such
        participant or beneficiary on January 1, 2001.
        (c) Certain Benefits Disregarded.--In making the recalculation
    under this section, the Corporation shall disregard--
            (1) the amount of any benefits which were not paid during the
        period beginning with January 1, 2001, and ending with December 31,
        2003, under the LTV Steel Supplemental Pension Plan or through the
        section 4049 trust referred to in subsection (b)(2),
            (2) any liability for benefits under the LTV Steel Supplemental
        Pension Plan or through the section 4049 trust referred to in
        subsection (b)(2) that were included in the LTV Steel Salaried
        Defined Benefit Retirement Plan, as in effect on January 1, 1999,
            (3) any liability for additional benefits that were included in
        the LTV Steel Supplemental Pension Plan to compensate for any
        liability of participants and beneficiaries under chapter 21 of the
        Internal Revenue Code of 1986 in connection with benefits payable
        under such Plan, and
            (4) any liability under the LTV Steel Supplemental Pension Plan
        for temporary supplements.
        (d) Timing and Application of Determinations.--Determinations of
    the increase in liability pursuant to subsection (b) shall be made as
    of December 31, 2003, using the mortality and interest assumptions
    otherwise applicable to plan terminations under title IV of the
    Employee Retirement Income Security Act of 1974 on such date. The
    recomputation under this section shall apply only with respect to
    benefits payable after such date.
        Sec. 158. In addition to amounts appropriated or otherwise made
    available in other Acts, $9,692,000 is hereby appropriated to the
    Department of Defense Family Housing Improvement Fund, to remain
    available until expended, for family housing initiatives undertaken
    pursuant to the provisions of subchapter IV of chapter 169, title 10,
    United States Code: Provided, That such funds shall be available to
    cover the costs, as defined in section 502(5) of the Congressional
    Budget Act of 1974, of direct loans or loan guarantees issued by the
    Department of Defense pursuant to the provisions of such subchapter:
    Provided further, That of the funds available in the ``Foreign Currency
    Fluctuations, Construction, Defense'' account, $9,692,000 are
    rescinded.
        Sec. 159. For an additional amount to carry out section 257 of the
    Help America Vote Act of 2002, $1,000,000,000, to remain available
    until expended: Provided, That no more than \1/10\ of 1 percent of
    funds available for requirements payments under section 257 of the Help
    America Vote Act of 2002 shall be allocated to any territory.
        Sec. 160. (a) Designation.--The United States courthouse located at
    333 Lomas Blvd. N.W. in Albuquerque, New Mexico, shall be known and
    designated as the ``Pete V. Domenici United States Courthouse''.
        (b) References.--Any reference in law, map, regulation, document,
    paper, or other record of the United States to the United States
    courthouse referred to in subsection (a) shall be deemed to be a
    reference to the ``Pete V. Domenici United States Courthouse''.
        Sec. 161. The Director of the Office of Management and Budget shall
    hereafter consult with Alaska Native corporations on the same basis as
    Indian tribes under Executive Order No. 13175.
        Sec. 162. Notwithstanding any other provision of law, in addition
    to amounts provided in this or any other Act for fiscal year 2004,
    $50,000,000, to be derived from the Highway Trust Fund and to remain
    available until expended, of which $44,000,000 shall be for
    reconstruction of the Treasure Island Bridge in Treasure Island,
    Florida and of which $6,000,000 shall be for necessary road
    improvements and design of a plaza at the John F. Kennedy Center for
    the Performing Arts in Washington, D.C.
        Sec. 163. Section 802(b)(1) of the Japanese Imperial Government
    Disclosure Act of 2000 (Public Law 106-567; 114 Stat. 2865) is amended
    by striking ``3 years'' and inserting ``4 years''.
        Sec. 164. The funds made available for Alaska Natives under the
    heading ``Native American Housing Block Grants'' in title II of
    division G of this Act shall be allocated to the same Native Alaskan
    Indian housing block grant recipients that received the funds in fiscal
    year 2003.
        Sec. 165. In addition to the amounts otherwise provided in this or
    any other Act for fiscal year 2004, for ``Department of Housing and
    Urban Development, Community Development Fund'', $10,000,000 to remain
    available until expended for a grant to the Anchorage Museum in
    Anchorage, Alaska for facilities construction.
        Sec. 166. The Secretary of a military department may use the
    authority provided in section 2667(a) of title 10, United States Code,
    to lease military family housing in the National Capital Region (as
    defined in section 2674 of such title) to key and essential personnel
    for continuity of government purposes.
        Sec. 167. Notwithstanding any other provision of law, in addition
    to amounts otherwise provided in this or any other Act for fiscal year
    2004, $55,000,000 is appropriated, to be available until expended, to
    be distributed as follows: for Department of Energy, Energy Programs,
    ``Energy Supply'', $12,400,000 for expenses related to the purchase,
    construction, operation of facilities, and acquisition of plant and
    capital equipment for facilities that produce fuels from agricultural
    and animal wastes, to the Society for Energy and Environmental
    Research, a not-for-profit energy research and development institution,
    to administer the program; for Department of Transportation, Federal
    Aviation Administration, ``Grants-in-aid for airports'', $2,000,000 for
    the extension of a runway at Fort Worth Alliance Airport, Fort Worth,
    Texas; for Department of Transportation, Federal Highway
    Administration, $1,000,000, for Rock County Road, Janesville,
    Wisconsin; for Department of Transportation, Federal Highway
    Administration, $2,500,000, for improvements to I-75 in Lee County,
    Florida; for Department of Veterans Affairs, Departmental
    Administration, ``Construction; major projects'', $500,000 for the
    preliminary planning of a new ambulatory clinic at the Defense Supply
    Center, Columbus in Columbus, Ohio; for ``Small Business
    Administration, Salaries and Expenses'', $500,000, to be available for
    a grant to the University of Wisconsin-Green Bay to establish a paper
    science technology transfer center; for ``Funds Appropriated to the
    President, Bilateral Economic Assistance, Independent States of the
    Former Soviet Union'', $1,000,000, for the National Program of Action
    for the Protection of the Arctic Marine Environment; for ``Army Corps
    of Engineers, Construction, General'', $1,000,000 for the Stockton
    Metropolitan Flood Control Reimbursement, California, project; for
    ``Army Corps of Engineers, Construction, General'', $1,000,000 for the
    San Timoteo Creek element of the Santa Ana River Mainstem, California,
    project; for ``Army Corps of Engineers, Construction, General'',
    $2,000,000; for the Florida Keys Water Quality Improvements, Florida,
    project; for ``Army Corps of Engineers, Construction, General'',
    $1,500,000, for the Southern West Virginia Environmental
    Infrastructure, West Virginia, project; for ``Department of Energy,
    Science'', $2,000,000 for the Western Michigan University
    Nanotechnology Research and Computation Center; for Department of
    Energy, Energy Programs, ``Energy Supply'', $2,500,000 for the
    Enterprise Center in Chattanooga, Tennessee, for the Chattanooga Fuel
    Cell Demonstration Project; for ``Environmental Protection Agency,
    State and tribal assistance grants'', for grants to address drinking
    water and waste water infrastructure, $2,000,000 for the Wyoming Valley
    Sanitation Authority, Pennsylvania, for combined sewer overflow
    infrastructure improvements; for ``Environmental Protection Agency,
    State and tribal assistance grants'', for grants to address drinking
    water and waste water infrastructure, $1,000,000 to the Saratoga Water
    Committee in Saratoga County, New York, for construction of a drinking
    water transport pipeline; for ``Centers for Disease Control and
    Prevention, Disease Control, Research, and Training'', $1,000,000, for
    a grant to the Center for Emerging Biological Threats at Emory
    University, Atlanta, Georgia; for ``Department of Education, Higher
    Education'', $500,000, for a grant to Santa Clara University in Santa
    Clara, California, for technology infrastructure upgrades, campus-wide
    network infrastructure enhancements and equipment; for ``Department of
    Housing and Urban Development, Community Development Fund'', $600,000,
    for a grant to Shelter from the Storm, Incorporated in Palm Desert,
    California, for facilities renovations and improvements; for Department
    of Labor, Employment and Training Administration, $500,000, for the
    Labor Institute for Training, Inc., Indianapolis, Indiana; Department
    of Labor, Employment and Training Administration, $250,000, for the
    Institute for Labor Studies and Research, Cranston, Rhode Island, for
    Learning on the Roll; for Department of Health and Human Services,
    Health Resources and Services Administration, $200,000, for St. Luke's
    Episcopal Hospital, Houston, Texas, facilities and equipment; for
    Department of Health and Human Services, Centers for Disease Control
    and Prevention, $200,000, for the University of Texas M.D. Anderson
    Cancer Center, Houston, Texas, for a comprehensive cancer control
    program to address the needs of minority and medically underserved
    populations; for Department of Health and Human Services, Health
    Resources and Services Administration, $300,000, for the Long Island
    Cancer Center, State University of New York at Stony Brook, for
    facilities and equipment; for Department of Health and Human Services,
    Health Resources and Services Administration, $500,000 for the Iowa
    Health Foundation in Des Moines, Iowa, for a demonstration project to
    improve dental care in underserved rural areas; for Department of
    Health and Human Services, Health Resources and Services
    Administration, $500,000, for the Cumberland Medical Center in
    Crossville, Tennessee, for facilities and equipment; for Department of
    Health and Human Services, Centers for Disease Control and Prevention,
    $250,000 for the New Haven Public Schools in New Haven, Connecticut,
    for the PE4LIFE program to promote and improve physical education, in
    cooperation with Yale University; for Department of Health and Human
    Services, Health Resources and Services Administration, $250,000, for
    Quinnipiac University in Hamden, Connecticut, for health-related
    academic facilities and equipment; for Department of Health and Human
    Services, Health Resources and Services Administration, $365,000, for
    the University of Michigan Health Systems in Ann Arbor, Michigan, for
    facilities and equipment; for Department of Health and Human Services,
    Administration on Aging, $500,000, for the Jewish Family & Children's
    Center of Greater Boston for Naturally Occurring Retirement Communities
    project; for Department of Health and Human Services, Centers for
    Disease Control and Prevention, $100,000, for the Marion County Health
    Department in Salem, Oregon, for a project to improve collection,
    analysis and dissemination of data on infectious diseases; for
    Department of Health and Human Services, Health Resources and Services
    Administration, $400,000, for the Tillamook Lightwave in Tillamook,
    Oregon, for a fiber optic link between Tillamook County Hospital and
    the Oregon Health Sciences University; for Department of Health and
    Human Services, Centers for Disease Control and Prevention, $300,000,
    for the Access Community Health Network in Chicago, Illinois, for
    programs related to prevention and control of chronic diseases; for
    Department of Health and Human Services, Health Resources and Services
    Administration, $200,000, for the Northwestern Memorial Hospital in
    Chicago, Illinois, for facilities and equipment; for Department of
    Health and Human Services, Health Resources and Services
    Administration, $200,000, for the Illinois Primary Health Care
    Association, for implementation of the Shared Integrated Management
    Information System; for Department of Health and Human Services, Health
    Resources and Services Administration, $250,000, for Family Resources
    Community Action in Woonsocket, Rhode Island, for outreach and
    supportive services for persons with HIV/AIDS; for Department of Health
    and Human Services, Health Resources and Services Administration,
    $250,000, for St. Joseph Hospital/PeaceHealth in Bellingham,
    Washington, on behalf of the Whatcom Community Health Improvement
    Consortium, to implement a model for improving care for patients with
    chronic diseases and increasing access and efficiency of services; for
    Department of Health and Human Services, Health Resources and Services
    Administration, $150,000, for the Children's Rehabilitation Center in
    White Plains, New York, for facilities and equipment; for Department of
    Health and Human Services, Health Resources and Services
    Administration, $60,000, for the Telfair Regional Hospital in McRae,
    Georgia, for facilities and equipment; for Department of Health and
    Human Services, Health Resources and Services Administration, $65,000,
    for the Candler County Hospital in Metter, Georgia, for facilities and
    equipment; for Department of Health and Human Services, Administration
    for Children and Families, $500,000 for The Boys & Girls Club of
    Greater Kansas City, Kansas City, Missouri, for the Heathwood Youth and
    Families Community Center; for Department of Health and Human Services,
    Health Resources and Services Administration, $200,000, for the Boston
    Medical Center in Boston, Massachusetts, for facilities and equipment;
    for Department of Health and Human Services, Health Resources and
    Services Administration, $500,000, for the University of North Dakota
    School of Medicine and Health Sciences, for its rural health program in
    preventive medicine and behavioral sciences; for Department of Health
    and Human Services, Health Resources and Services Administration,
    $900,000, for the California Hospital Medical Center in Los Angeles,
    California, for facilities and equipment; for Department of Health and
    Human Services, Health Resources and Services Administration, $500,000,
    for the City of Abilene, Texas, Abilene-Taylor County Public Health
    District, for facilities and equipment; for Department of Health and
    Human Services, Health Resources and Services Administration, $400,000,
    for the Houston County Hospital, Crockett, Texas, for facilities and
    equipment; for Department of Education, $200,000, for the University of
    Hawaii, West Oahu campus, Hawaii, to produce the ``Primal Quest'' film
    documentary; for Department of Education, $500,000, for the Union
    Parish School District, Farmerville, Louisiana, to implement an online
    assessment and interactive instructional program; for Department of
    Education, $200,000, for the Middle Country School District, New York,
    to establish a math, science and technology lab at Oxhead Road
    Elementary School in Centereach, New York; for Department of Education,
    $500,000, for the Florida Campus Compact, Tallahassee, Florida, to
    enhance service-learning on college campuses throughout Florida; for
    Department of Education, $340,000, for Southern Connecticut State
    University, New Haven, Connecticut, to expand nursing education
    recruitment, diversity and training programs, in collaboration with
    Gateway Community College; for Department of Education, $60,000, for
    Gateway Community College, New Haven, Connecticut, to enhance
    educational media and technology; for Department of Education,
    $100,000, for Project Georgetown, Georgetown, Texas, for an after-
    school program; for Department of Education, $200,000, for Communities
    in Schools-Bell-Coryell Counties, Inc., Killeen, Texas, for educational
    services for at-risk youth; for Department of Education, $200,000, for
    Communities in Schools-Central Texas, Inc., Austin, Texas, for
    educational services for at-risk youth; for Department of Education,
    $325,000; for Harrisburg Polytechnic Institute, Harrisburg,
    Pennsylvania, for a K-16 curriculum, equipment, internships and
    enrichment activities for high school students; for Department of
    Education, $175,000, for Lehigh Carbon Community College, Tamaqua,
    Pennsylvania, for equipment and technology upgrades, and for curricula;
    for Department of Education, $200,000, for Chicago State University,
    Chicago Illinois, to establish a school of pharmacy, including
    equipment; for Department of Education, $500,000, for Marywood
    University, Scranton, Pennsylvania, to establish a Center for Assistive
    Technology; for Department of Education, $400,000, for the Boys & Girls
    Club of Pawtucket, Rhode Island, for academic and literacy, character
    education, career preparation, and enrichment activities for youth; for
    Department of Education, $250,000, for Whatcom Community College,
    Bellingham, Washington, to establish a center for training in border
    security; for Department of Education, $400,000, for Westchester
    Community College, New York, for personnel, equipment and other
    programmatic expenses for The New Center; for Department of Education,
    $50,000, for the Marymount Institute for the Education of Women and
    Girls of Marymount College of Fordham University, Tarrytown, New York,
    for a mentoring project to enhance the academic and social development
    of Latina girls at Sleepy Hollow Middle School; for Department of
    Education, $500,000, for Northern Kentucky University, Highland
    Heights, Kentucky, for the Urban Learning Center to expand access to
    postsecondary education; for Department of Education, $500,000, for
    Iron County School District, Cedar City, Utah, for a student
    achievement management information system; for Department of Education,
    $200,000, for Western Maine Technical College, South Paris, Maine, for
    education programs and marketing activities; for Department of
    Education, $275,000, for the YMCA of the Triangle Area, Raleigh, North
    Carolina, for youth mentoring, character education and leadership
    activities; for Department of Education, $325,000, for Communities in
    Schools of Northeast Texas, Inc., Pflugerville, Texas, for educational
    services for at-risk students; for the Institute of Museum and Library
    Services, $300,000, for The Hudson River Museum, Yonkers, New York, for
    the ``Hudson River Access'' science education project; for the
    Institute of Museum and Library Services, $375,000, for the Tubman
    African American Museum, Macon, Georgia, for exhibits, education
    programs and outreach activities; for the Institute of Museum and
    Library Services, $300,000, for the Maine Discovery Museum, Bangor,
    Maine, for exhibits and education programs; for the Institute of Museum
    and Library Services, $225,000, for the North Carolina State Museum of
    Natural Sciences, Raleigh, North Carolina, to develop exhibits and
    education programs; for the Department of Housing and Urban
    Development, ``Community Development Fund'', Economic Development
    Initiative program, for carrying out targeted economic investments,
    $3,010,000, to be allocated in the amounts and under the terms and
    conditions specified on pages 33 through 60 of House Report No. 108-235
    for projects numbered 35, 52, 60, 61, 174, 175, 177, 181, 195, 223,
    250, 265, 297, 333, 408, 409, 410, 421, 438, 439, 441, 496, 509, 574,
    and 583; and for the Environmental Protection Agency, ``State and
    Tribal Assistance Grants'' to local communities for repair, replacement
    or upgrading of their drinking water, wastewater or storm water
    infrastructure or for water quality protection activities, $600,000, to
    be allocated under the terms and conditions specified on pages 111
    through 127 of House Report No. 108-235 for projects numbered 121 and
    226.
        Sec. 168 (a) Rescissions.--From unobligated balances of amounts
    made available in Public Law 107-38, and in Public Law 107-117, and in
    appropriations Acts for the Department of Defense, $1,800,000,000 is
    hereby rescinded: Provided, That the Director of the Office of
    Management and Budget, after consultation with the Committees on
    Appropriations of the House and Senate and the Secretary of Defense,
    shall determine the amounts to be rescinded from each account that is
    to be so reduced: Provided further, That the rescissions shall take
    effect no later than September 30, 2004: Provided further, That the
    Director of the Office of Management and Budget shall notify the
    Committees on Appropriations of the House and Senate 30 days prior to
    rescinding such amounts: Provided further, That such notification shall
    include the accounts, programs, projects and activities from which the
    funds will be rescinded: Provided further, That this section shall not
    apply to any amounts appropriated or otherwise made available by the
    seventh proviso under the heading ``Emergency Response Fund'' in Public
    Law 107-38.
        (b) Across-the-Board Rescissions.--There is hereby rescinded an
    amount equal to 0.59 percent of--
            (1) the budget authority provided (or obligation limitation
        imposed) for fiscal year 2004 for any discretionary account in
        divisions A through H of this Act and in any other fiscal year 2004
        appropriation Act (except any fiscal year 2004 supplemental
        appropriation Act, the Department of Defense Appropriations Act,
        2004, or the Military Construction Appropriations Act, 2004);
            (2) the budget authority provided in any advance appropriation
        for fiscal year 2004 for any discretionary account in any prior
        fiscal year appropriation Act; and
            (3) the contract authority provided in fiscal year 2004 for any
        program subject to limitation contained in any division or
        appropriation Act subject to paragraph (1).
        (c) Proportionate Application.--Any rescission made by subsection
    (b) shall be applied proportionately--
            (1) to each discretionary account and each item of budget
        authority described in such subsection; and
            (2) within each such account and item, to each program,
        project, and activity (with programs, projects, and activities as
        delineated in the appropriation Act or accompanying reports for the
        relevant fiscal year covering such account or item, or for accounts
        and items not included in appropriation Acts, as delineated in the
        most recently submitted President's budget).
        (d) OMB Report.--Within 30 days after the date of the enactment of
    this section the Director of the Office of Management and Budget shall
    submit to the Committees on Appropriations of the House of
    Representatives and the Senate a report specifying the account and
    amount of each rescission made pursuant to subsection (b).
        This division may be cited as the ``Miscellaneous Appropriations
    and Offsets Act, 2004''.

                                   Speaker of the House of Representatives.

                                Vice President of the United States and
                                                   President of the Senate.