[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 1585 Placed on Calendar Senate (PCS)]

                                                       Calendar No. 274
108th CONGRESS
  1st Session
                                S. 1585

                          [Report No. 108-144]

  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.


Rule___________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 5, 2003

Mr. Gregg, from the Committee on Appropriations, reported the following 
     original bill; which was read twice and placed on the calendar

_______________________________________________________________________

                                 A BILL


 
  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.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,
That the following sums are appropriated, out of any money in the 
Treasury not otherwise appropriated, for the fiscal year ending 
September 30, 2004, and for other purposes, namely:

           TITLE I--DEPARTMENT OF JUSTICE AND RELATED AGENCY

                             RELATED AGENCY

                 Foreign Terrorist Tracking Task Force

    For expenses necessary for the Foreign Terrorist Tracking Task 
Force, including salaries and expenses, operations, equipment, and 
facilities, $72,607,000: Provided, That funds available under this 
heading shall be managed only by the Director of the Foreign Terrorist 
Tracking Task Force or his designee.

                         DEPARTMENT OF JUSTICE

                         General Administration

                         salaries and expenses

    For expenses necessary for the administration of the Department of 
Justice, $110,734,000, of which not to exceed $3,137,000 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 31 
permanent positions, 33 full-time equivalent workyears and $3,464,000 
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.
    In addition, $5,437,000 shall be available to manage and administer 
the seizure and forfeiture of assets.

                     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, $23,176,000, 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, $66,240,000, 
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.

                   administrative review and appeals

    For expenses necessary for the administration of pardon and 
clemency petitions and immigration-related activities, $194,111,000.

                           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, $849,876,000, to 
remain available until expended: Provided, That the Trustee shall be 
responsible for managing detention personnel and the Justice Prisoner 
and Alien Transportation System and for overseeing construction of 
detention facilities and housing related to such detention; the 
management of funds appropriated to the Department 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.

                      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; and for the acquisition, 
lease, maintenance, and operation of motor vehicles.

                    United States Parole Commission

                         salaries and expenses

    For necessary expenses of the United States Parole Commission, 
$10,718,000.

                            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, $632,637,000, 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, as amended, 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, $141,898,000: 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 $29,898,000.

             salaries and expenses, united states attorneys

    For necessary expenses of the Offices of the United States 
Attorneys, including inter-governmental and cooperative agreements, 
$1,507,879,000; 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 10,346 
positions and 10,415 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, $10,000,000 shall be for Project Seahawk and shall remain 
available until expended: Provided further, That of the funds made 
available under this heading, $3,766,000 shall be available only to 
expand the Project Seahawk pilot to include six additional locations, 
including Hampton, on the Hampton River, for which $489,000 is 
available for a public safety marine docking facility.

                   united states trustee system fund

    For necessary expenses of the United States Trustee Program, as 
authorized, $170,168,000, 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, $170,168,000 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, $1,207,000.

         salaries and expenses, united states marshals service

    For necessary expenses of the United States Marshals Service, 
including the acquisition, lease, maintenance, and operation of 
vehicles, and the purchase of passenger motor vehicles for police-type 
use, without regard to the general purchase price limitation for the 
current fiscal year, $602,274,000, of which not less than $165,779,000 
shall only be available for fugitive apprehension activities, of which 
not to exceed $6,000 shall be available for official reception and 
representation expenses, and of which not to exceed $4,000,000 shall be 
available for development, implementation, maintenance and support of, 
subscription to, or training for automated fugitive apprehension 
systems and shall remain available until expended: Provided, That 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 further, That, in addition to reimbursable full-time 
equivalent workyears available to the United States Marshals Service, 
not less than 4,435 positions and 4,244 full-time equivalent workyears 
shall be supported out of 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, 
$25,964,000, 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 September 30, 2005; 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)(A)(ii), (B), 
(F), and (G), as amended, $22,949,000, to be derived from the 
Department of Justice Assets Forfeiture Fund.

                      Interagency Law Enforcement

                 interagency crime and 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, $415,010,000, 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 Attorney General for 
reallocation among participating organizations in succeeding fiscal 
years, subject to the reprogramming procedures set forth in section 605 
of this Act.

                  Interagency Law Enforcement Support

                         salaries and expenses

    For expenses necessary to administer and support joint Federal, 
State, local, and foreign law enforcement activities, including the 
design, development, test, deployment, maintenance, upgrade, or 
retirement of systems, the purchase, lease, loan, or maintenance of 
equipment and vehicles, the design, construction, maintenance, upgrade, 
or demolition of facilities, and travel, overtime, and other 
assistance, $551,784,000, of which $50,000,000 shall remain available 
until September 30, 2005.

                    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, $3,885,989,000; 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 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 $50,000 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 28,445 positions and 
26,887 full-time equivalent workyears shall be supported from the funds 
appropriated in this Act for the Federal Bureau of Investigation.

                              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; $44,791,000, 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; 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; purchase of not to 
exceed 982 passenger motor vehicles, of which 886 will be for 
replacement only, for police-type use; and acquisition, lease, 
maintenance, and operation of aircraft, $1,512,281,000; 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, and 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; 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 8,184 positions and 7,936 full-time equivalent workyears 
shall be supported from the funds appropriated in this Act for the Drug 
Enforcement Administration.

          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 
laboratory assistance and for training of State and local law 
enforcement agencies, with or without reimbursement, $829,593,000, 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 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 no 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 18 
U.S.C. 925(c): 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 no funds appropriated herein shall be available for 
salaries and 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 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 713, of which 504 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, $3,872,791,000, of which $1,493,305,000 
shall be for Inmate Care and Programs, $1,897,523,000 shall be for 
Institution Security and Administration, $332,359,000 shall be for 
Contract Confinement, and $149,604,000 shall be for Management and 
Administration: 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, as amended, 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, 
$345,805,000, 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.

                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 the said 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

                     management and administration

    For the necessary expenses of the Office of Justice Programs, 
$29,000,000: Provided, That none of the funds appropriated or otherwise 
made available in title I of this Act shall be available for the Office 
of the Assistant Attorney General, Office of Management and 
Administration, and Office of Communications, 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, as amended, and the Missing Children's Assistance Act, as 
amended, including salaries and expenses in connection therewith, and 
with the Victims of Crime Act of 1984, as amended, $136,500,000, to 
remain available until expended.

               state and local law enforcement assistance

    For State and local law enforcement assistance, $1,461,075,000: 
Provided, That the funds made available under this heading shall be 
subject to the same authorities as funds appropriated under this 
heading in title I of Division B of Public Law 108-7: Provided further, 
That funds made available under this heading for the State Criminal 
Alien Assistance Program shall be disbursed only as a direct 
reimbursement for each States' documented cost for incarcerating 
undocumented criminal aliens: Provided further, That funds provided 
under this heading shall be distributed in the manner described in the 
following table:

                Program                                         Amount 
Local Law Enforcement Block Grants...................      $70,000,000 
Boys and Girls Clubs.................................      $80,000,000 
State Criminal Alien Assistance Programs.............     $250,000,000 
Assistance to Indian Tribes..........................      $18,000,000 
Byrne Grants (formula)...............................     $500,000,000 
Byrne Grants (discretionary).........................      $88,575,000 
Violence Against Women Act Programs..................     $405,000,000 
Drug Courts..........................................      $43,500,000 
Missing Alzheimer's Disease Patient Alert Program....         $500,000 
Law Enforcement Family Support Programs..............       $1,000,000 
Marketing Scams Against Senior Citizens..............       $2,000,000 
Motor Vehicle Theft Prevention Programs..............       $1,500,000.

                       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 Community Oriented Policing Services, $656,636,000: Provided, 
That the funds made available under this heading shall be subject to 
the same authorities as funds appropriated under this heading in title 
I of Division B of Public Law 108-7: Provided further, That of the 
funds under this heading, not to exceed $1,972,000 shall be available 
for Office of Justice Programs for reimbursable services: Provided 
further, That funds provided under this heading shall be distributed in 
the manner described in the following table:

                Program                                         Amount 
Hiring Law Enforcement Officers......................     $200,000,000 
Law Enforcement Armor Vest...........................      $25,000,000 
Tribal Law Enforcement...............................      $20,000,000 
Police Corps.........................................      $15,000,000 
Law Enforcement Technology Grants....................      $83,960,000 
Interoperable Communications Technology..............     $140,000,000 
Crime Identification Technology Act Criminal Records       $36,626,000 
Upgrade.
DNA Backlog Analysis and Backlog Reduction...........      $19,050,000 
Paul Coverdell Forensic Sciences Improvement Grants..      $15,000,000 
Reduce Gun Violence..................................      $15,000,000 
Southwest Border Prosecutor Initiative...............      $15,000,000 
Project Sentry.......................................      $10,000,000 
Offender Reentry Program.............................       $5,000,000 
Police Integrity Program.............................       $5,000,000 
Safe School Initiative...............................      $17,000,000 
Management and Administration........................      $35,000,000.

                       juvenile justice programs

    For Juvenile Justice Programs, $232,330,000: Provided, That the 
funds made available under this heading shall be subject to the same 
authorities as funds appropriated under this heading in Title I of 
Division B of Public Law 108-7: Provided, That not more than ten 
percent of each amount may be used for research, evaluation, and 
statistics activities designed to benefit the programs or activities 
authorized: Provided further, That not more than two percent of each 
amount may be used for training and technical assistance: Provided 
further, That funds provided under this heading shall be distributed in 
the manner described in the following table:

                Program                                         Amount 
Part B, Formula Grants...............................     $100,000,000 
Part C, Discretionary Grants.........................      $39,330,000 
Part D, Juvenile Gangs...............................       $7,000,000 
Part E, Discretionary Grants.........................       $5,000,000 
Part G, Juvenile Mentoring...........................      $16,000,000 
Title V, At Risk Children Programs...................      $25,000,000 
Title V, Prevention of Underage Drinking.............      $25,000,000 
Victims of Child Abuse Act...........................      $15,000,000.

                    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), as amended, such sums as are necessary, as authorized 
by section 6093 of Public Law 100-690 (102 Stat. 4339-4340); and 
$7,500,000, to remain available until expended for payments as 
authorized by section 1201(b) of said Act.

               General Provisions--Department of Justice

    Sec. 101. In addition to amounts otherwise made available in this 
title for official reception and representation expenses, a total of 
not to exceed $5,500 from funds appropriated to the Department of 
Justice in this title shall be available to the Attorney General for 
official reception and representation expenses in accordance with 
distributions, procedures, and regulations established by the Attorney 
General.
    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 104 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. (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. 108. (a) Notwithstanding any other provision of law, for 
fiscal years 2004 and 2005, the provisions of the Office of Management 
and Budget Circular A-76 and any similar provisions in any other order 
or directive shall not apply to any grants monitoring, program 
monitoring or statistical activities conducted by the Office of Justice 
Programs or any of its components unless such provisions are 
specifically approved by an Act of Congress.
    (b) For the fiscal years 2004 and 2005, no reduction in resources 
for the Justice Department activities described in subsection (a) shall 
be effected pursuant to the provisions of Management and Budget 
Circular A-76 or any similar provision in any other order or directive 
unless specifically provided therefore by an Act of Congress.
    Sec. 109. None of the funds provided in this Act in fiscal year 
2004 may be used for courts or police for individual tribes in Alaska 
(except the Annette Island Indian Reserve) except that: (1) the amount 
that was made available for such courts in Alaska in fiscal year 2003 
shall annually be adjusted by the percentage increase in the consumer 
price index and transferred as a direct lump sum payment to the State 
of Alaska to fund magistrates in Alaska Native villages, and (2) the 
amount that was made available for such police in Alaska in fiscal year 
2003 shall annually be adjusted by the percentage increase in the 
consumer price index and transferred as a direct lump sum payment to 
the State of Alaska to fund the Village Public Safety Officer Program 
in Alaska Native villages.
    Sec. 110. Notwithstanding any other provision of law, the Attorney 
General is hereby authorized to extend through September 30, 2004, the 
Personnel Management Demonstration Project transferred to the Attorney 
General in section 1115 of the Homeland Security Act of 2002, Public 
Law 107-296.
    Sec. 111. 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.
    This title may be cited as the ``Department of Justice 
Appropriations Act, 2004''.

         TITLE II--DEPARTMENT OF COMMERCE AND RELATED AGENCIES

                            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, 
$36,994,000, of which $1,000,000 shall remain available until September 
30, 2005: Provided, That not to exceed $144,000 shall be available for 
official reception and representation expenses: 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, of which $2,000,000 shall remain 
available until September 30, 2005.

                         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. 1517; 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, $372,053,000, to remain 
available until September 30, 2005, of which $3,000,000 is to be 
derived from fees to be retained and used by the International Trade 
Administration, notwithstanding 31 U.S.C. 3302: Provided, That 
$69,000,000 shall be for Trade Development, $32,178,000 shall be for 
Market Access and Compliance, $46,636,000 shall be for the Import 
Administration, $202,040,000 shall be for the United States and Foreign 
Commercial Service, and $25,200,000 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 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); 
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, $73,060,000, to remain available until September 
30, 2005, of which $7,250,000 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, as amended, and for 
trade adjustment assistance, $357,115,000, 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, as amended, title II of 
the Trade Act of 1974, as amended, 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, $28,718,000.

                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, 
$84,756,000, 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, 
$181,811,000.

                     periodic censuses and programs

    For expenses related to planning, testing, and implementing the 
2010 decennial census, $215,476,000.
    In addition, for expenses to collect and publish statistics for 
other periodic censuses and programs provided for by law, $153,591,000, 
to remain available until expended.

       National Telecommunications and Information Administration

                         salaries and expenses

    For necessary expenses, as provided for by law, of the National 
Telecommunications and Information Administration (hereinafter ``the 
Administration''), $15,042,000, 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 hereafter, notwithstanding any other provision 
of law, the Administration shall not authorize spectrum use or provide 
any spectrum functions pursuant to the National Telecommunications and 
Information Administration Organization Act, 47 U.S.C. 902-903, to any 
Federal entity without reimbursement as required by the Administration 
for such spectrum management costs, and Federal entities withholding 
payment of such cost shall not use spectrum: 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 the Administration, 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, as amended, $55,000,000, to remain available until expended as 
authorized by section 391 of the Act, as amended: Provided, That not to 
exceed $2,478,000 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, as amended, $15,500,000, to remain available until expended as 
authorized by section 391 of the Act, as amended: Provided, That not to 
exceed $3,100,000 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, cultural, health care, 
public information, public safety, or other social services: 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, 
$1,217,460,000, 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 
$1,217,460,000, 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.

                         SCIENCE AND TECHNOLOGY

             National Institute of Standards and Technology

             scientific and technical research and services

        For necessary expenses of the National Institute of Standards 
and Technology, $391,147,000, to remain available until September 30, 
2005, of which not to exceed $7,772,000 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, $106,623,000, to 
remain available until expended.
    In addition, for necessary expenses of the Advanced Technology 
Program of the National Institute of Standards and Technology, 
$259,600,000, to remain available until expended, of which $60,700,000 
shall be expended for the award of new grants before September 30, 
2004, and of which $50,000,000 shall be expended for the award of 
competitive homeland security grants before September 30, 2004.
    In addition, for necessary expenses of the Office of Technology 
Competitiveness and the Office of Manufacturing Competitiveness, 
$3,000,000, to remain available until expended.

                  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, $84,630,000, 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, $2,696,520,000, to remain available until September 30, 
2005: 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, $52,000,000 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 $2,696,520,000 is appropriated from the General Fund 
and $52,000,000 is provided by transfer), $508,619,000 shall be for the 
National Ocean Service, $672,452,000 shall be for the National Marine 
Fisheries Service, $394,470,000 shall be for Oceanic and Atmospheric 
Research, $696,857,000 shall be for the National Weather Service, 
$148,840,000 shall be for the National Environmental Satellite, Data, 
and Information Service, and $327,282,000 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 the total administrative 
expenses of the National Oceanic and Atmospheric Administration shall 
not exceed $250,290,000: 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.
    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.

                  international fisheries commissions

    For necessary expenses for international fisheries commissions, not 
otherwise provided for, as authorized by law, $20,743,000: Provided, 
That the United States' share of such expenses may be advanced to the 
respective commissions pursuant to 31 U.S.C. 3324.

                     litigation and settlement fund

    For necessary expenses, as determined by the Undersecretary of 
Commerce for Oceans and Atmosphere, $5,000,000, to remain available 
until expended, for: (1) litigation costs associated with unanticipated 
complaints filed in court against or by the National Oceanic and 
Atmospheric Administration or employees of the National Oceanic and 
Atmospheric Administration related to their employment; or (2) expenses 
related to the settlement of litigation described in paragraph (1), if 
such expenses are not funded out of the Judgment Fund or similar funds: 
Provided, That funds provided under this paragraph shall not be 
available to overturn or undermine the Endangered Species Act or the 
Marine Mammal Protection Act or regulations resulting from those Acts 
except as authorized by Congress: Provided further, That funds provided 
under this paragraph shall be available only after the Undersecretary 
of Commerce for Oceans and Atmosphere notifies the Committees on 
Appropriations of the House of Representatives and the Senate in 
accordance with section 605 of this Act.

               procurement, acquisition and construction

                     (including transfers of funds)

    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, which shall remain 
available until expended: Provided, That funds provided under this 
heading for the National Polar-orbiting Operational Environmental 
Satellite System shall only be made available on a dollar for dollar 
matching basis with funds provided for the same purpose by the 
Department of Defense.

                    pacific coastal salmon recovery

    For necessary expenses associated with the restoration of Pacific 
salmon populations and the implementation of the 1999 Pacific Salmon 
Treaty Agreement between the United States and Canada, $90,000,000.

                      fishermen's contingency fund

    For carrying out the provisions of title IV of Public Law 95-372, 
not to exceed $1,000, to be derived from receipts collected pursuant to 
that Act, to remain available until expended.

                     foreign fishing observer fund

    For expenses necessary to carry out the provisions of the Atlantic 
Tunas Convention Act of 1975, as amended (Public Law 96-339), the 
Magnuson-Stevens Fishery Conservation and Management Act of 1976, as 
amended (Public Law 100-627), the American Fisheries Promotion Act 
(Public Law 96-561) and the International Dolphin Conservation Program 
Act (Public Law 105-42), to be derived from the fees imposed under the 
foreign fishery observer program authorized by these Acts, not to 
exceed $1,000, to remain available until expended.

                   fisheries finance program account

    For the cost of direct loans as authorized by the Merchant Marine 
Act of 1936, as amended: 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 $41,000,000 for traditional direct loans, of which $40,000,000 
may be used for direct loans to the United States distant water tuna 
fleet, of which $500,000 shall be for the cost of a reduction loan as 
authorized under sections 1111 and 1112 of title XI of the Merchant 
Marine Act, 1936 to carry out a New England lobster fishing capacity 
reduction program under section 312(b) of the Magnuson-Stevens Fishery 
Conservation and Management Act, and of which $500,000 shall be for the 
cost of a reduction loan as authorized under sections 1111 and 1112 of 
title XI of the Merchant Marine Act, 1936 to carry out a South Atlantic 
and Gulf near shore shrimp fishing capacity reduction program under 
section 312(b) of the Magnuson-Stevens Fishery Conservation and 
Management: 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, $44,662,000.

                      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 (5 U.S.C. App. 1-11, as amended by Public Law 100-504), 
$21,116,000.

               General Provisions--Department of Commerce

    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, no funds may be made available to support 
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 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 Commerce, 
Justice, State Appropriations Act.
    Sec. 205. 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. 206. 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, $3,000,000 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. 207. Of the amount available from the fund entitled ``Promote 
and Develop Fishery Products and Research Pertaining to American 
Fisheries'', $20,000,000 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.
    Sec. 208. For fiscal year 2005, and each fiscal year thereafter, 
the Secretary of Commerce shall not submit any request for funds for 
the Department Management account that exceeds an amount equal to 103 
percent of the amount appropriated for such purpose during the fiscal 
year that precedes the fiscal year for which funds are requested.
    Sec. 209. Hereafter, the Secretary of Commerce may enter into 
agreements with one or more nonprofit organizations for the purpose of 
carrying out collective research and development initiatives pertaining 
to 15 U.S.C. 278k paragraph (a), and may seek and accept contributions 
from public and private sources to support these efforts as necessary.
    Sec. 210. 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.
    Sec. 211. 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 04-49-04462 shall 
remain available until expended.
    Sec. 212. (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. section 
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. 213. 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. 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. 214. None of the funds made available under this Act may be 
obligated or expended in connection with negotiating or entering into a 
trade agreement with another country if that agreement contains 
provisions relating to the entry of foreign nationals into the United 
States or otherwise amends the immigration laws of the United States.
    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, $59,414,000.

                    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, $4,658,000, which shall remain available until 
September 30, 2006.

         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, $13,210,000.

    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, $3,894,021,000 (including the purchase of 
firearms and ammunition); of which not to exceed $29,277,000 shall 
remain available until expended for space alteration projects and for 
furniture and furnishings related to new space alteration and 
construction projects.
    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 $3,293,000, 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, as amended; 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, $595,006,000.

                    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)), $53,181,000, 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), $266,058,000, of which 
not to exceed $15,000,000 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, $63,717,000, 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, $22,434,000; 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, $12,011,000, 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.
    Sec. 304. Pursuant to section 140 of Public Law 97-92, Justices and 
judges of the United States are authorized during fiscal year 2004, to 
receive a salary adjustment in accordance with 28 U.S.C. 461.
    Sec. 305. (a) The annual salaries of the Chief Justice of the 
United States, associate justices of the Supreme Court of the United 
States, United States circuit judges, United States district judges, 
judges of the United States Court of International Trade, and judges of 
the United States Court of Federal Claims are increased in the amount 
of 16.5 percent of their respective existing annual salary rates, 
rounded to the nearest $100 (or, midway between multiples of $100, to 
the next higher multiple of $100): Provided, That $36,000,000 is 
appropriated for salary adjustments pursuant to this section and such 
funds shall be transferred to and merged with appropriations in title 
III of this Act.
    (b) Section 140 of Public Law 97-92 (28 U.S.C. 461 note) is 
repealed.
    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, as amended; 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, $3,280,405,000: Provided, 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, $2,000,000 shall be available for a grant to the National 
Center for Missing and Exploited Children to develop best practice 
models to combat child pornography and to create an international 
database to track victims of international child pornography: 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 $1,343,000 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, as amended; 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, 
$594,373,000, to remain available until expended: Provided, That of the 
amounts made available in this paragraph, $20,000,000 shall be 
transferred to and merged with appropriations for the Office of 
Inspector General for the purposes of conducting risk and threat 
assessments at Department of State facilities domestically and 
overseas: Provided further, That, of the amounts made available under 
this paragraph, $52,000,000 is for the State Department to establish 
the Center for Antiterrorism and Security Training.

                        capital investment fund

    For necessary expenses of the Capital Investment Fund, 
$207,000,000, 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, as amended (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, $255,292,000, 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, $6,643,000.

              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, as amended (22 U.S.C. 292-300), 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, 
$483,470,000, to remain available until expended as authorized, of 
which not to exceed $25,000 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, $933,122,000, 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, to remain available until expended as authorized, of which not 
to exceed $1,000,000 in unobligated balances 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, $19,893,000.

     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 and Conferences

              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, $921,888,000: 
Provided, 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, $482,649,000, of which 
15 percent shall remain available until September 30, 2005: Provided, 
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, $28,312,000.

                              construction

    For detailed plan preparation and construction of authorized 
projects, $8,201,000, 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, 
$10,942,000, of which not to exceed $9,000 shall be available for 
representation expenses incurred by the International Joint Commission.

                                 Other

        international center for middle eastern-western dialogue

    For a grant to the International Center for Middle Eastern-Western 
Dialogue, $7,000,000, to remain available until September 30, 2005.

                 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, 
$19,000,000: 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, no 
limitations shall apply to funds appropriated under this heading in 
fiscal years 2003 and 2004.

                    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, $36,000,000, to remain available until September 30, 
2005.

                             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, $518,149,000, 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.

                          broadcasting to cuba

    For necessary expenses to enable the Broadcasting Board of 
Governors to carry out broadcasting to Cuba, including the purchase, 
rent, construction, and improvement of facilities for radio and 
television transmission and reception, and purchase and installation of 
necessary equipment for radio and television transmission and 
reception, $28,101,000, to remain available until September 30, 2005.

                   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 September 30, 
2005.

       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. Hereafter, the Secretary of State shall not submit a 
request for reprogramming of funds to the Committee on Appropriations 
of the Senate and the Committee on Appropriations of the House of 
Representatives if a request for reprogramming of such funds was 
previously denied by such Committees.
    Sec. 404. 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. 405. Hereafter, 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. 406. (a) Notwithstanding any other provision of law, occupancy 
of all facilities leased, acquired, or owned by the Department of State 
in Paris, France shall be limited to not more than 231 individuals.
    (b) Any increase in the number of individuals occupying Department 
of State facilities in Bordeaux, Lille, Lyon, Rennes, Toulouse, 
Marseille, or Strasbourg, France must be approved in advance by the 
Committee on Appropriations of the Senate and the Committee on 
Appropriations of the House of Representatives in accordance with 
section 605 of this Act.
    (c) Notwithstanding any other provision of law, occupancy of all 
facilities leased, acquired, or owned by the Department of State in 
Berlin, Germany shall be limited to not more than 179 individuals.
    (d) Any increase in the number of individuals occupying Department 
of State facilities in Dusseldorf, Frankfurt, Hamburg, Leipzig, or 
Munich, Germany must be approved in advance by the Committee on 
Appropriations of the Senate and the Committee on Appropriations of the 
House of Representatives in accordance with section 605 of this Act.
    Sec. 407. For fiscal year 2005, and each fiscal year thereafter, 
the Secretary of State shall not submit any request for funds for the 
construction, lease, or refurbishment of a building to be used by the 
United States Agency for International Development under the accounts 
and activities provided for under this or future Department of State 
and Related Agency Appropriations Acts.
    Sec. 408. (a) Hereafter, the Secretary of State shall transmit to 
the Committee on Appropriations of the Senate and the Committee on 
Appropriations of the House of Representatives the most recent biennial 
budget prepared by the United Nations for the operations of the United 
Nations.
    (b) The Secretary shall include that budget in the budget 
justification materials that the Secretary submits to Congress in 
support of the Department of State budget for a fiscal year (as 
submitted with the budget of the President under section 1105(a) of 
title 31, 10 United States Code).
    Sec. 409. Section 2502 of the Emergency Wartime Supplemental 
Appropriations Act, 2003 (Public Law 108-11) is repealed.
    Sec. 410. Notwithstanding any other provision of law, any shortfall 
in fee revenue resulting from a decrease in the number of visa 
applications to the United States shall be offset by a direct transfer 
of funds equal to the amount of the shortfall from the Diplomatic and 
Consular Programs account to an account which shall be used exclusively 
to fund the consular activities of the Department of State.
    Sec. 411. An application for a visa shall be denied under section 
221(g) of the Immigration and Nationality Act (8 U.S.C. 4 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. 412. (a) None of the funds appropriated by this Act may be 
used to carry out the directive set forth in the memorandum of the 
President for the Secretary of State dated August 29, 2003 (68 Fed. 
Reg. 52323), relating to conditions on assistance for voluntary 
population planning furnished to foreign nongovernmental organizations.
    (b) The prohibition in subsection (a) shall not be construed to 
prohibit the Secretary of State from furnishing assistance for 
voluntary population planning to foreign nongovernmental organizations.
    This title may be cited as the ``Department of State and Related 
Agency Appropriations Act, 2004''.

                       TITLE V--RELATED AGENCIES

      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, $659,000.

                       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, $2,000,000.

            Commission on Security and Cooperation in Europe

                         salaries and expenses

    For necessary expenses of the Commission on Security and 
Cooperation in Europe, $1,615,000.

  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, $1,400,000, including not more than 
$3,000 for the purpose of official representation.

                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, 
as amended (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, as amended, 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, 
$334,754,000: 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, 
$277,798,000, of which not to exceed $300,000 shall remain available 
until September 30, 2005, for research and policy studies: Provided, 
That $251,984,000 of offsetting collections shall be assessed and 
collected pursuant to section 9 of title I of the Communications Act of 
1934, as amended, and 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 
$25,814,000: Provided further, That any offsetting collections received 
in excess of $251,984,000 in fiscal year 2004 shall remain available 
until expended, but shall not be available for obligation until October 
1, 2004: Provided further, That the obligations and expenditures of the 
Federal Communications Commission shall be limited to appropriations 
made available under this heading, notwithstanding 47 U.S.C. 
309(j)(8)(B).

                        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; not to exceed $2,000 for official reception and 
representation expenses, $189,032,000, 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, as amended: 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, and offsetting collections derived from fees 
sufficient to implement and enforce the do-not-call provisions of the 
Telemarketing Sales Rule, 16 C.F.R. Part 310, promulgated under the 
Telephone Consumer Fraud and Abuse Prevention Act (15 U.S.C. 6101 et 
seq.), estimated at $18,000,000, shall be collected pursuant to this 
authority: Provided further, That all offsetting collections shall be 
credited to this appropriation, used for necessary expenses, and 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 $59,032,000: Provided further, That none of the funds 
made available to the Federal Trade Commission shall be available for 
obligation for expenses authorized by section 151 of the Federal 
Deposit Insurance Corporation Improvement Act of 1991 (Public Law 102-
242; 105 Stat. 2282-2285).

                       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, as amended, 
$338,848,000, of which $312,251,000 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; $13,900,000 is for management 
and administration; $3,400,000 is for client self-help and information 
technology; and $6,697,000 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 2002 and 2003, 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 $6,698,000 to address loss of funding due to 
Census-based reallocations.

                        Marine Mammal Commission

                         salaries and expenses

    For necessary expenses of the Marine Mammal Commission, $3,063,000, 
of which $500,000 shall remain available until September 30, 2005.

           National Veterans Business Development Corporation

    For necessary expenses of the National Veterans Business 
Development Corporation, $2,000,000.

                   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, $841,500,000; 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 
$841,500,000 of such offsetting collections shall be available until 
expended for necessary expenses of this account: 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 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, $332,413,000: 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 $88,000,000 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, as 
amended, $12,341,000.

                     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, $85,758,000, 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, as amended: 
Provided further, That during fiscal year 2004 commitments to guarantee 
loans under section 503 of the Small Business Investment Act of 1958, 
as amended, shall not exceed $4,500,000,000, as provided under section 
20(h)(1)(B)(ii) of the Small Business Act: Provided further, That 
during fiscal year 2004 commitments for general business loans 
authorized under section 7(a) of the Small Business Act, as amended, 
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, as amended, 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, $129,000,000, 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, as amended, $79,109,000, 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, as amended.
    In addition, for administrative expenses to carry out the direct 
loan program, $111,141,000, 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 $102,641,000 is for direct 
administrative expenses of loan making and servicing to carry out the 
direct loan program; and of which $8,000,000 is for indirect 
administrative expenses: Provided, That any amount in excess of 
$8,000,000 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, $5,000,000: 
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

    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 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 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. 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: (1) that 
the United Nations undertaking is a peacekeeping mission; (2) that such 
undertaking will involve United States Armed Forces under the command 
or operational control of a foreign national; and (3) that 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. 608. 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. 609. Any agency that receives funds appropriated under this 
Act shall provide to the Committee on Appropriations of the Senate and 
the Committee on Appropriations of the House of Representatives a 
bimonthly accounting of the cumulative balances of any unobligated 
funds that were received by such agency during any previous fiscal 
year.
    Sec. 610. 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. 611. Hereafter, no funds in this Act or any other 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. 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 616 of the Departments of 
Commerce, Justice, and State, the Judiciary, and Related Agencies 
Appropriations Act, 1999, as amended.
    (b) The requirements in subsections (b) and (c) of section 616 of 
that Act shall continue to apply during fiscal year 2004.
    Sec. 613. 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 18 U.S.C. 
922(t); and (2) any system to implement 18 U.S.C. 922(t) 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 owning a firearm.
    Sec. 614. 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 $675,000,000 shall not be available for 
obligation until the following fiscal year.
    Sec. 615. 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. 616. (a) Hereafter, no funds in this Act or any other 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. 617. 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. 618. Of the amounts made available under the heading ``Small 
Business Administration, Salaries and Expenses'', $2,000,000 shall be 
available for the Advanced and Applied Polymer Processing Institute; 
$1,000,000 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; $750,000 
shall be available for a Biologics facility; $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; $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; $2,000,000 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 for the Freewoods Farm Living Farm 
Museum in Horry County, SC; $2,000,000 shall be available for the 
Alaska InvestNet/Technology Venture Center and Tech Ranch in Montana; 
$1,000,000 shall be available for the National Database of Minority 
Businesses; $1,000,000 shall be available for the Mississippi 
Innovational and Commercialization Center; $425,000 shall be available 
for Youth and Family with Promises; $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; $500,000 for the New School University/
Institute for Legislative Drafting; $1,500,000 shall be available for 
the Adelante Development Center, Inc., in Albuquerque, New Mexico; and 
$250,000 shall be available for the Mississippi Delta Technology 
Council.
    Sec. 619. Notwithstanding any other provision of law, not more than 
20 percent of the amount allocated to any account or subaccount from an 
appropriation made by this Act that is available for obligation only in 
the current fiscal year may be obligated during the last two months of 
the fiscal year.
    Sec. 620. A Deputy Assistant Administrator for non-contiguous 
states and territories shall be established through the Senior 
Executive Service to 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.
    Sec. 621. There are transferred to the International Fisheries 
Division of the National Marine Fisheries Service of the Department of 
Commerce the functions performed by the offices of the Bureau of Oceans 
and International Environmental and Scientific Affairs of the 
Department of State as follows: the Office of Oceans Affairs, the 
Office of Marine Conservation, and the Office of Oceans and Fisheries: 
Provided, That the Secretary of Commerce shall administer the functions 
transferred by this section: Provided further, That the Bureau of 
Oceans and International Environmental and Scientific Affairs is 
abolished and all functions (other than the functions transferred by 
this section) carried out by the Bureau of Oceans and International 
Environmental and Scientific Affairs on the day before the date of 
enactment of this Act, shall be transferred to other bureaus within the 
Department of State: Provided further, That the Secretary of Commerce 
may negotiate or reevaluate, with the consent of the President, 
international agreements affecting international ocean and 
environmental policy that are related to the functions transferred in 
this Act.
    Sec. 622. Notwithstanding Section 202(a) of Title 18, members of 
the National Commission on Terrorist Attacks Upon the United States 
(established by Title VI of Public Law 107-306) shall be deemed to be 
special government employees without regard to the number of days (or 
parts of days) in which they perform their duties as members of the 
Commission, so long as they receive per diem compensation under Section 
608(a) of Public Law 107-306 for no more than 130 days during any 
period of 365 consecutive days.
    Sec. 623. Extension. 16 U.S.C. 1464 is amended by striking 
paragraphs (1) and (2) of subsection (a) and inserting the following:
            ``(1) for grants under sections 306, 306A, and 309--
                    ``(A) $83,500,000 for fiscal year 2004;
                    ``(B) $87,000,000 for fiscal year 2005;
                    ``(C) $90,500,000 for fiscal year 2006;
                    ``(D) $94,000,000 for fiscal year 2007; and
                    ``(E) $97,500,000 for fiscal year 2008;
            ``(2) for grants under section 315--
                    ``(A) $13,000,000 for fiscal year 2004;
                    ``(B) $14,000,000 for fiscal year 2005;
                    ``(C) $15,000,000 for fiscal year 2006;
                    ``(D) $16,000,000 for fiscal year 2007; and
                    ``(E) $17,000,000 for fiscal year 2008;
            ``(3) for grants to fund construction projects at estuarine 
        reserves designated under section 315, $12,000,000 for each of 
        fiscal years 2004, 2005, 2006, 2007, and 2008; and
            ``(4) for costs associated with administering this title, 
        $6,500,000 for fiscal year 2004 and such sums as are necessary 
        for fiscal years 2005-2008.''.
    Sec. 624. None of the funds in this Act may be used to grant, 
transfer or assign a license for a commercial TV broadcast station to 
any party (including all parties under common control) if the grant, 
transfer or assignment of such license would result in such party or 
any of its stockholders, partners, members, officers, or directors, 
directly or indirectly, owning, operating or controlling, or having a 
cognizable interest in TV stations which have an aggregate national 
audience reach, as defined in 47 CFR 73.3555, exceeding 35 percent.
    Sec. 625. Notwithstanding any other provision of law, immediately 
upon completion of a contact lens fitting, the patient shall be 
provided with a copy of the contact lens prescription; provided that, 
for the purposes of this section, the right to receive a copy of a 
prescription for contact lenses shall also include the rights to 
receive, upon the request of the patient of any person designated to 
act on behalf of the patient, a copy of the prescription; to have the 
prescription verified, including by electronic means, to any person 
designated to act on behalf of the patient; and to receive the contact 
lenses once the seller notifies the prescriber and gives the prescriber 
the opportunity to promptly correct any errors in the prescription. Any 
violation of this section shall be treated as an unfair and deceptive 
act or practice in violation of Section 5 of the Federal Trade 
Commission Act (15 U.S.C. 45). The Federal Trade Commission shall issue 
regulations establishing procedures necessary to carry out the 
requirements of this section.
    Sec. 626. Section 647 of the Communications Satellite Act of 1962 
(47 U.S.C. 765f) is amended (1) by striking ``global satellite 
communications services.'' and inserting ``global satellite 
communications services or for the provision of fixed terrestrial 
services in the 12.2-12.7 GHz band.''; and (2) by adding at the end the 
following: ``No license for fixed terrestrial services in the 12.2-12.7 
GHz band may be used for the provision of mobile terrestrial telephony 
services.''.

                         TITLE VII--RESCISSIONS

                         DEPARTMENT OF JUSTICE

                         General Administration

                          working capital fund

                              (rescission)

    Of the unobligated balances available under this heading, $499,000 
are rescinded.

                         counterterrorism fund

                              (rescission)

    Of the unobligated balances available under this heading, 
$50,000,000 are rescinded.

                            Legal Activities

                         asset forfeiture fund

                              (rescission)

    Of the unobligated balances available under this heading, $499,000 
are rescinded.

                       Office of Justice Programs

                              (rescission)

    Of the amounts made available in the various accounts under this 
heading, $9,500,000 in prior year unobligated funds, excluding funds 
made available in fiscal year 2003, are rescinded.

              DEPARTMENT OF COMMERCE AND RELATED AGENCIES

                         DEPARTMENT OF COMMERCE

             National Institute of Standards and Technology

                  construction of research facilities

                              (rescission)

    Of the unobligated balances available under this heading, 
$3,000,000 are rescinded.

                       TITLE VIII--OTHER MATTERS

    Sec. 801. (a) This title may be cited as the ``Coastal and 
Estuarine Land Protection Act''.
    (b) The Congress finds the following:
            (1) Coastal and estuarine areas provide important nursery 
        habitat for two-thirds of the nation's commercial fish and 
        shellfish, provide nesting and foraging habitat for coastal 
        birds, harbor significant natural plant communities, and serve 
        to facilitate coastal flood control and pollutant filtration.
            (2) The Coastal Zone Management Act of 1972 (16 U.S.C. 1451 
        et seq.) recognizes the national importance of these areas and 
        their ecological vulnerability to anthropogenic activities by 
        establishing a comprehensive Federal-State partnership for 
        protecting natural reserves and managing growth in these areas.
            (3) The National Estuarine Research Reserve system 
        established under that Act relies on the protection of pristine 
        designated areas for long-term protection and for the conduct 
        of education and research critical to the protection and 
        conservation of coastal and estuarine resources.
            (4) Intense development pressures within the coastal zone 
        are driving the need to provide coastal managers with a wider 
        range of tools to protect and conserve important coastal and 
        estuarine areas.
            (5) Protection of undeveloped coastal lands through the 
        acquisition of interests in property from a willing seller are 
        a cost-effective means of providing these areas with permanent 
        protection from development.
            (6) Permanent protection of lands in the coastal zone is a 
        necessary component of any program to maintain and enhance 
        coastal and estuarine areas for the benefit of the Nation, 
        including protection of water quality, access to public 
        beachfront, conserving wildlife habitat, and sustaining sport 
        and commercial fisheries.
            (7) Federal-State-nongovernmental organization pilot land 
        acquisition projects have already substantially contributed to 
        the long-term health and viability of coastal and estuarine 
        systems.
            (8) Enhanced protection of estuarine and coastal areas can 
        be attained through watershed-based acquisition strategies 
        coordinated through Federal, State, regional, and local 
        efforts.
    (c)(1) The Secretary of Commerce shall establish a Coastal and 
Estuarine Land Protection Program, in cooperation with appropriate 
State, regional, and other units of government for the purposes of 
protecting the environmental integrity of important coastal and 
estuarine areas, including wetlands and forests, that have significant 
conservation, recreation, ecological, historical, or aesthetic values, 
and that are threatened by conversion from their natural, undeveloped, 
or recreational state to other uses. The program shall be administered 
by the National Ocean Service of the National Oceanic and Atmospheric 
Administration through the Office of Ocean and Coastal Resource 
Management.
    (2) The Secretary shall make grants under the program to coastal 
States, except coastal States that have lost less than 1 percent of 
their wetlands to development or conversion to other land uses by the 
date of enactment of this title, with approved coastal zone management 
plans or National Estuarine Research Reserve units for the purpose of 
acquiring property or interests in property described in subsection (1) 
that will further the goals of--
            (A) a Coastal Zone Management Plan or Program approved 
        under the Coastal Zone Management Act of 1972 (16 U.S.C. 1451 
        et seq.); or
            (B) a National Estuarine Research Reserve management plan; 
        or
            (C) a regional or State watershed protection plan involving 
        coastal States with approved coastal zone management plans.
    (3) The Secretary shall allocate funds to coastal States or 
National Estuarine Research Reserves under this section through a 
competitive grant process in accordance with guidelines that meet the 
following requirements:
            (A) The Secretary shall consult with the State's coastal 
        zone management program, any National Estuarine Research 
        Reserve in that State, and the lead agency designated by the 
        Governor for coordinating the establishment and implementation 
        of this title (if different from the coastal zone management 
        program).
            (B) Each participating State shall identify priority 
        conservation needs within the State, the values to be protected 
        by inclusion of lands of the program, and the threats to those 
        values that should be avoided.
            (C) Each participating State shall evaluate how the 
        acquisition of property or easements might impact working 
        waterfront needs.
            (D) The applicant shall identify the values to be protected 
        by inclusion of the lands in the program, management activities 
        that are planned and the manner in which they may affect the 
        values identified, and any other information from the landowner 
        relevant to administration and management of the land.
            (E) Awards shall be based on demonstrated need for 
        protection and ability to successfully leverage funds among 
        participating entities, including Federal programs, regional 
        organizations, State and other governmental units, landowners, 
        corporations, or private organizations.
            (F) Applications must be determined to be consistent with 
        the State's or territory's approved coastal zone plan, program 
        and policies prior to submittal to the Secretary.
            (G) Priority shall be given to lands described in 
        subsection (1) that can be effectively managed and protected 
        and that have significant ecological or watershed protection 
        value.
            (H) In developing guidelines under this section, the 
        Secretary shall consult with other Federal agencies and non-
        governmental entities expert in land acquisition and 
        conservation procedures.
            (I) Eligible States or National Estuarine Research Reserves 
        may allocate grants to local governments or agencies eligible 
        for assistance under section 306A(e) of the Coastal Zone 
        Management Act of 1972 (16 U.S.C. 1455a) and may acquire lands 
        in cooperation with nongovernmental entities and Federal 
        agencies.
            (J) The Secretary shall develop performance measures that 
        will allow periodic evaluation of the program's effectiveness 
        in meeting the purposes of this section and such evaluation 
        shall be reported to Congress.
    (4)(A) The Secretary may not make a grant under the program unless 
the Federal funds are matched by non-Federal funds in accordance with 
this subsection.
    (B)(i) No more than 75 percent of the funding for any grant under 
this section shall be derived from Federal sources, unless such 
requirement is specifically waived by the Secretary.
    (ii) The Secretary may grant a waiver of the limitation in 
subparagraph (i) for underserved communities, communities that have an 
inability to draw on other sources of funding because of the small 
population or low income of the community, or for other reasons the 
Secretary deems appropriate.
    (C) Where financial assistance awarded under this section 
represents only a portion of the total cost of a project, funding from 
other Federal sources may be applied to the cost of the project. Each 
portion shall be subject to match requirements under the applicable 
provision of law.
    (D) For purposes of paragraph (B)(i), the non-Federal cost share 
for a project may be determined by taking into account the following:
            (i) Land value may be used as non-Federal match if the 
        lands are identified in project plans and acquired within three 
        years prior to the submission of the project application or 
        after the submission of a project application until the project 
        grant is closed (not to exceed 3 years). The appraised value of 
        the land at the time of project closing will be considered the 
        non-Federal cost share.
            (ii) Costs associated with land acquisition, land 
        management planning, remediation, restoration, and enhancement 
        may be used as non-Federal match if the activities are 
        identified in the plan and expenses are incurred within the 
        period of the grant award. These costs may include either case 
        or in-kind contributions.
    (5) The Secretary may provide up to $5,000,000 for a regional 
watershed protection demonstration project that will meet the 
requirements of this section, and--
            (A) leverages land acquisition funding from other Federal 
        land conservation or acquisition programs such that other 
        Federal contributions, at a minimum, equal the amounts provided 
        by the Secretary;
            (B) involves partnerships from a broad spectrum of Federal, 
        State, and non-governmental entities;
            (C) provides for the creation of conservation corridors and 
        preservation of unique coastal habitat;
            (D) protects largely unfragmented habitat under imminent 
        threat of development or conversion;
            (E) provides water quality protection for areas set aside 
        for research under the National Estuarine Research Reserve 
        program; and
            (F) provides a model for future regional watershed 
        protection projects.
    (6) No less than 15 percent of funds made available under this 
section shall be available for acquisitions benefiting National 
Estuarine Research Reserve acquisitions.
    (7) No more than 5 percent of the funds made available to the 
Secretary under this section shall be used by the Secretary for 
planning or administration of the program. The Secretary shall provide 
a report to Congress with an account of all expenditures under this 
section for fiscal year 2004, fiscal year 2005, and triennially 
thereafter.
    (8)(A) If any property is acquired in whole or in part with funds 
made available through a grant under this section, the grant recipient 
shall provide such assurances as the Secretary may require that--
            (i) the title to the property will be held by the grant 
        recipient or other appropriate public agency designated by the 
        recipient in perpetuity;
            (ii) the property will be managed in a manner that is 
        consistent with the purposes for which the land entered into 
        the program and shall not convert such property to other uses; 
        and
            (iii) if the property or interest in land is sold, 
        exchanged, or divested, funds equal to the correct value will 
        be returned to the Secretary, for re-distribution in the grant 
        process.
    (B) In this subsection, the term ``conservation easement'' includes 
an easement, recorded deed, or interest deed where the grantee acquires 
all rights, title, and interest in a property, that do not conflict 
with the goals of this title except those rights, title, and interests 
that may run with the land that are expressly reserved by a grantor and 
are agreed to at the time of purchase.
    (9) In this section, the term ``coastal State'' has the meaning 
given that term by section 304(4) of the Coastal Zone Management Act of 
1972 (16 U.S.C. 1453(4)), and any other term used in this section that 
is defined in section 304 of that Act has the meaning given that term 
in that section.
    (10) There are authorized to be appropriated to the Secretary--
            (A) $60,000,000 for each of fiscal years 2004 through 2007 
        to carry out this section (other than subsection (e)); and
            (B) $5,000,000 for fiscal year 2004 to carry out subsection 
        (5), such sum to remain available without fiscal year 
        limitation.
    (d) Section 310(a) of the Coastal Zone Management Act of 1972 (16 
U.S.C. 1456c(a)) is amended by striking ``any qualified person for the 
purposes of carrying out this subsection.'' and inserting ``any other 
Federal agencies (including interagency financing of Coastal America 
activities) and any other qualified person for the purposes of carrying 
out this section.''.

                      TITLE IX--ALASKAN FISHERIES

    Sec. 901. Bering Sea and Aleutian Islands Crab Rationalization. 
Section 313 of Public Law 94-265 (16 U.S.C. 1862) is 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.
            ``(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. In implementing the Program, the Secretary shall 
        clarify that any attempt by a processor to improperly leverage 
        its Individual Processor Quota shares to acquire a harvesters 
        open-access ``B shares'' at a substantially reduced price shall 
        result in forfeiture of such processor's Individual Processor 
        Quota shares.
            ``(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 for the Voluntary Three-Pie 
        Cooperative Program referred to in such paragraph.
            ``(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, 
        shall develop and implement a mandatory information collection 
        and review process to provide any and all information necessary 
        for the Department of Justice 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.''.
    Sec. 902. Marine Designation Clarification. None of the funds 
appropriated under this Act or any other Act hereafter enacted may be 
used to implement 16 U.S.C. Sections 1853(a)(7) and 1855(b) and 
Executive Order 13158 with respect to any fisheries under the 
jurisdiction of the North Pacific Council, until the Magnuson-Stevens 
Fishery Conservation and Management Act is reauthorized.
    Sec. 903. Gulf of Alaska Rockfish Demonstration Program. The 
Secretary of Commerce, in consultation with the North Pacific Fisheries 
Management Council, shall establish a pilot program that recognizes 
individual fishing histories for fishing vessels (1996 to 2002, best 5 
of 7 years) and individual processing histories for 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; (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. 904. Aleutian Islands Fisheries Development. (a) Aleutian 
Islands Pollock Allocation.--Effective January 1, 2004 and thereafter, 
notwithstanding any other provision of law, the directed pollock 
fishery in the Aleutian Islands Subarea [AI] of the BSAI (as defined in 
50 CFR 679.2 Regulations on September 1, 2002) 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.--The Aleut Corporation (or its authorized 
agents) shall provide for the harvesting and processing of the 
allocation under subsection (a) under such terms and conditions as the 
Aleut Corporation deems appropriate for economic development in Adak, 
Alaska. Notwithstanding any other provision of law, only vessels that 
are 60 feet or less in length overall, have a valid fishery 
endorsement, and 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.--Notwithstanding any other 
provision of law, 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.)).
    Sec. 905. Nothing in this Act shall constitute an approval or 
authorization by Congress of the consideration or issuance of 
individual processing quotas or processor shares in any fishery of the 
United States other than the Bering Sea and Aleutian Islands crab 
fishery.
    This Act may be cited as the ``Departments of Commerce, Justice, 
and State, the Judiciary, and Related Agencies Appropriations Act, 
2004''.
                                                       Calendar No. 274

108th CONGRESS

  1st Session

                                S. 1585

                          [Report No. 108-144]

_______________________________________________________________________

                                 A BILL

  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.

_______________________________________________________________________

                           September 5, 2003

                 Read twice and placed on the calendar