[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.