[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.