[Congressional Record (Bound Edition), Volume 149 (2003), Part 23]
[House]
[Pages 31340-31466]
[From the U.S. Government Publishing Office, www.gpo.gov]




 CONFERENCE REPORT ON H.R. 2673, CONSOLIDATED APPROPRIATIONS ACT, 2004

  Mr. YOUNG of Florida submitted the following conference report and 
statement on the bill (H.R. 2673) making appropriations for 
Agriculture, Rural Development, Food and Drug Administration, and 
Related Agencies for the fiscal year ending September 30, 2004, and for 
other purposes:

                  Conference Report (H. Rept. 108-401)

       The committee of conference on the disagreeing votes of the 
     two Houses on the amendment of the Senate to the bill (H.R. 
     2673) ``making appropriations for Agriculture, Rural 
     Development, Food and Drug Administration, and Related 
     Agencies for the fiscal year ending September 30, 2004, and 
     for other purposes'', having met, after full and free 
     conference, have agreed to recommend and do recommend to 
     their respective Houses as follows:
       That the House recede from its disagreement to the 
     amendment of the Senate, and agree to the same with an 
     amendment, as follows:
       In lieu of the matter stricken and inserted by said 
     amendment, insert:

     SECTION 1. SHORT TITLE.

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

     SEC. 2. TABLE OF CONTENTS.

       The table of contents for this Act is as follows:

Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. References.

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

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

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

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

         DIVISION C--DISTRICT OF COLUMBIA APPROPRIATIONS, 2004

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

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

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

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

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

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

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

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

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

          DIVISION H--MISCELLANEOUS APPROPRIATIONS AND OFFSETS

     SEC. 3. REFERENCES.

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

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

                                 AN ACT

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

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

                                TITLE I

                         AGRICULTURAL PROGRAMS

                 Production, Processing, and Marketing

                        Office of the Secretary

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

                          Executive Operations


                            chief economist

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


                       national appeals division

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


                 Office of Budget and Program Analysis

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


                        Homeland Security Staff

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

                Office of the Chief Information Officer

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


                      Common Computing Environment

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

                 Office of the Chief Financial Officer

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

           Office of the Assistant Secretary for Civil Rights

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

[[Page 31341]]



                         Office of Civil Rights

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

          Office of the Assistant Secretary for Administration

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

        Agriculture Buildings and Facilities and Rental Payments


                     (including transfers of funds)

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

                     Hazardous Materials Management


                     (including transfers of funds)

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

                      Departmental Administration


                     (including transfers of funds)

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

     Office of the Assistant Secretary for Congressional Relations


                     (including transfers of funds)

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

                        Office of Communications

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

                    Office of the Inspector General

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

                     Office of the General Counsel

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

  Office of the Under Secretary for Research, Education and Economics

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

                       Economic Research Service

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

                National Agricultural Statistics Service

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

                     Agricultural Research Service


                         Salaries and Expenses

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


                        Buildings and Facilities

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

      Cooperative State Research, Education, and Extension Service


                   Research and Education Activities

       For payments to agricultural experiment stations, for 
     cooperative forestry and other research, for facilities, and 
     for other expenses, $621,447,000, as follows: to carry out 
     the provisions of the Hatch Act of 1887 (7 U.S.C. 361a-i), 
     $180,148,000; for grants for cooperative forestry research 
     (16 U.S.C. 582a through a-7), $21,884,000; for payments to 
     the 1890 land-grant colleges, including Tuskegee University 
     and West Virginia State College (7 U.S.C. 3222), $36,000,000, 
     of which $1,507,496 shall be made available only for the 
     purpose of ensuring that each institution shall receive no 
     less than $1,000,000; for special grants for agricultural 
     research (7 U.S.C. 450i(c)), $111,312,000; for special grants 
     for agricultural research on improved pest control (7 U.S.C. 
     450i(c)), $13,675,000; for competitive research grants (7 
     U.S.C. 450i(b)), $165,000,000; for the support of animal 
     health and disease programs (7 U.S.C. 3195), $4,559,000; for 
     supplemental and alternative crops and products (7 U.S.C. 
     3319d), $1,069,000; for grants for research pursuant to the 
     Critical Agricultural Materials Act (7 U.S.C. 178 et seq.), 
     $1,118,000, to remain available until expended; for the 1994 
     research grants program for 1994 institutions pursuant to 
     section 536 of Public Law 103-382 (7 U.S.C. 301 note), 
     $1,093,000, to remain available until expended; for rangeland 
     research grants (7 U.S.C. 3333), $900,000; for higher 
     education graduate fellowship grants (7 U.S.C. 3152(b)(6)), 
     $2,900,000, to remain available until expended (7 U.S.C. 
     2209b); for higher education

[[Page 31342]]

     challenge grants (7 U.S.C. 3152(b)(1)), $4,888,000; for a 
     higher education multicultural scholars program (7 U.S.C. 
     3152(b)(5)), $992,000, to remain available until expended (7 
     U.S.C. 2209b); for an education grants program for Hispanic-
     serving Institutions (7 U.S.C. 3241), $4,673,000; for 
     noncompetitive grants for the purpose of carrying out all 
     provisions of 7 U.S.C. 3242 (section 759 of Public Law 106-
     78) to individual eligible institutions or consortia of 
     eligible institutions in Alaska and in Hawaii, with funds 
     awarded equally to each of the States of Alaska and Hawaii, 
     $3,150,000; for a secondary agriculture education program and 
     2-year post-secondary education (7 U.S.C. 3152(j)), $895,000; 
     for aquaculture grants (7 U.S.C. 3322), $4,024,000; for 
     sustainable agriculture research and education (7 U.S.C. 
     5811), $12,295,000; for a program of capacity building grants 
     (7 U.S.C. 3152(b)(4)) to colleges eligible to receive funds 
     under the Act of August 30, 1890 (7 U.S.C. 321-326 and 328), 
     including Tuskegee University and West Virginia State 
     College, $11,479,000, to remain available until expended (7 
     U.S.C. 2209b); for payments to the 1994 Institutions pursuant 
     to section 534(a)(1) of Public Law 103-382, $1,689,000; and 
     for necessary expenses of Research and Education Activities, 
     $37,704,000.
       None of the funds appropriated under this heading shall be 
     available to carry out research related to the production, 
     processing or marketing of tobacco or tobacco products: 
     Provided, That this paragraph shall not apply to research on 
     the medical, biotechnological, food, and industrial uses of 
     tobacco.


              native american institutions endowment fund

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


                          Extension Activities

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


                         integrated activities

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


              Outreach for Socially Disadvantaged Farmers

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

  Office of the Under Secretary for Marketing and Regulatory Programs

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

               Animal and Plant Health Inspection Service


                         Salaries and Expenses

                     (including transfers of funds)

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


                        Buildings and Facilities

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

                     Agricultural Marketing Service


                           Marketing Services

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


                 limitation on administrative expenses

       Not to exceed $62,577,000 (from fees collected) shall be 
     obligated during the current fiscal year for administrative 
     expenses: Provided, That if crop size is understated and/or 
     other uncontrollable events occur, the agency may exceed this

[[Page 31343]]

     limitation by up to 10 percent with notification to the 
     Committees on Appropriations of both Houses of Congress.


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

                     (including transfers of funds)

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


                   Payments to States and Possessions

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

        Grain Inspection, Packers and Stockyards Administration


                         Salaries and Expenses

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


        Limitation on Inspection and Weighing Services Expenses

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

             Office of the Under Secretary for Food Safety

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

                   Food Safety and Inspection Service

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

    Office of the Under Secretary for Farm and Foreign Agricultural 
                                Services

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

                          Farm Service Agency


                         Salaries and Expenses

                     (including transfers of funds)

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


                         State Mediation Grants

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


                        dairy indemnity program

                     (including transfer of funds)

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


           Agricultural Credit Insurance Fund Program Account

                     (including transfers of funds)

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

                         Risk Management Agency

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

                              CORPORATIONS

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

                Federal Crop Insurance Corporation Fund

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

                   Commodity Credit Corporation Fund


                 reimbursement for net realized losses

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


                       hazardous waste management

                        (limitation on expenses)

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

                                TITLE II

                         CONSERVATION PROGRAMS

  Office of the Under Secretary for Natural Resources and Environment

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

                 Natural Resources Conservation Service


                        Conservation Operations

       For necessary expenses for carrying out the provisions of 
     the Act of April 27, 1935 (16 U.S.C. 590a-f), including 
     preparation of conservation plans and establishment of 
     measures to conserve soil and water (including farm 
     irrigation and land drainage and such special measures for 
     soil and water management as may be necessary to prevent 
     floods and the siltation of reservoirs and to control 
     agricultural related pollutants); operation of conservation 
     plant materials centers; classification and mapping of soil; 
     dissemination of information; acquisition of lands, water, 
     and interests therein for use in the plant materials program 
     by donation, exchange, or purchase at a nominal cost not to 
     exceed $100 pursuant to

[[Page 31344]]

     the Act of August 3, 1956 (7 U.S.C. 428a); purchase and 
     erection or alteration or improvement of permanent and 
     temporary buildings; and operation and maintenance of 
     aircraft, $853,004,000, to remain available until expended (7 
     U.S.C. 2209b), of which not less than $9,250,000 is for snow 
     survey and water forecasting, and not less than $11,500,000 
     is for operation and establishment of the plant materials 
     centers, and of which not less than $23,500,000 shall be for 
     the grazing lands conservation initiative: Provided, That 
     appropriations hereunder shall be available pursuant to 7 
     U.S.C. 2250 for construction and improvement of buildings and 
     public improvements at plant materials centers, except that 
     the cost of alterations and improvements to other buildings 
     and other public improvements shall not exceed $250,000: 
     Provided further, That when buildings or other structures are 
     erected on non-Federal land, that the right to use such land 
     is obtained as provided in 7 U.S.C. 2250a: Provided further, 
     That this appropriation shall be available for technical 
     assistance and related expenses to carry out programs 
     authorized by section 202(c) of title II of the Colorado 
     River Basin Salinity Control Act of 1974 (43 U.S.C. 1592(c)): 
     Provided further, That qualified local engineers may be 
     temporarily employed at per diem rates to perform the 
     technical planning work of the Service: Provided further, 
     That none of the funds made available under this paragraph by 
     this or any other appropriations Act may be used to provide 
     technical assistance with respect to programs listed in 
     section 1241(a) of the Food Security Act of 1985 (16 U.S.C. 
     3841(a)).


                     watershed surveys and planning

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


               Watershed and Flood Prevention Operations

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


                    watershed rehabilitation program

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


                 resource conservation and development

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

                               TITLE III

                       RURAL DEVELOPMENT PROGRAMS

          Office of the Under Secretary for Rural Development

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


                  Rural Community Advancement Program

                     (including transfers of funds)

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

[[Page 31345]]

     be for the rural utilities programs described in section 
     381E(d)(2) of such Act, and of which $8,550,000 shall be for 
     the rural business and cooperative development programs 
     described in section 381E(d)(3) of such Act: Provided 
     further, That of the amount appropriated for rural community 
     programs, not to exceed $22,000,000 shall be to provide 
     grants for facilities in rural communities with extreme 
     unemployment and severe economic depression (Public Law 106-
     387), with 5 percent for administration and capacity building 
     in the State rural development offices: Provided further, 
     That of the amount appropriated, $28,000,000 shall be 
     transferred to and merged with the ``Rural Utilities Service, 
     High Energy Cost Grants Account'' to provide grants 
     authorized under section 19 of the Rural Electrification Act 
     of 1936 (7 U.S.C. 918a): Provided further, That any prior 
     year balances for high cost energy grants authorized by 
     section 19 of the Rural Electrification Act of 1936 (7 U.S.C. 
     901(19)) shall be transferred to and merged with the ``Rural 
     Utilities Service, High Energy Costs Grants Account''.

                Rural Development Salaries and Expenses


                     (including transfers of funds)

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

                         Rural Housing Service


              Rural Housing Insurance Fund Program Account

                     (including transfers of funds)

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


                       Rental Assistance Program

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


                  Mutual and Self-Help Housing Grants

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


                    Rural Housing Assistance Grants

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


                       farm labor program account

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

                  Rural Business--Cooperative Service


              Rural Development Loan Fund Program Account

                     (including transfer of funds)

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


            Rural Economic Development Loans Program Account

                    (including rescission of funds)

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


                  Rural Cooperative Development Grants

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


       RURAL EMPOWERMENT ZONES AND ENTERPRISE COMMUNITIES GRANTS

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


                        RENEWABLE ENERGY PROGRAM

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

[[Page 31346]]



                        Rural Utilities Service


   Rural Electrification and Telecommunications Loans Program Account

                     (including transfer of funds)

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


                  Rural Telephone Bank Program Account

                     (including transfer of funds)

       The Rural Telephone Bank is hereby authorized to make such 
     expenditures, within the limits of funds available to such 
     corporation in accord with law, and to make such contracts 
     and commitments without regard to fiscal year limitations as 
     provided by section 104 of the Government Corporation Control 
     Act, as may be necessary in carrying out its authorized 
     programs. During fiscal year 2004 and within the resources 
     and authority available, gross obligations for the principal 
     amount of direct loans shall be $173,503,000.
       In addition, for administrative expenses, including audits, 
     necessary to carry out the loan programs, $3,171,000, which 
     shall be transferred to and merged with the appropriation for 
     ``Rural Development, Salaries and Expenses''.


         Distance Learning, Telemedicine, and Broadband Program

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

                                TITLE IV

                         DOMESTIC FOOD PROGRAMS

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

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

                       Food and Nutrition Service


                        child nutrition programs

                     (including transfer of funds)

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


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

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


                           Food Stamp Program

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


                      Commodity Assistance Program

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


                   nutrition programs administration

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

                                TITLE V

                FOREIGN ASSISTANCE AND RELATED PROGRAMS

                      Foreign Agricultural Service


                         Salaries and expenses

                     (including transfers of funds)

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


                 Public Law 480 Title I Program Account

                     (including transfers of funds)

       For the cost, as defined in section 502 of the 
     Congressional Budget Act of 1974, of agreements

[[Page 31347]]

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


        Public Law 480 Title I Ocean Freight Differential Grants

                     (including transfer of funds)

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


                     Public Law 480 Title II Grants

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


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

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


       Commodity Credit Corporation Export Loans Program Account

                     (including transfers of funds)

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

                                TITLE VI

           RELATED AGENCIES AND FOOD AND DRUG ADMINISTRATION

                DEPARTMENT OF HEALTH AND HUMAN SERVICES

                      Food and Drug Administration


                         Salaries and Expenses

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


                        buildings and facilities

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

                          INDEPENDENT AGENCIES

                  Commodity Futures Trading Commission

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

                       Farm Credit Administration


                 Limitation on Administrative Expenses

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

                     TITLE VII--GENERAL PROVISIONS

       Sec. 701. Within the unit limit of cost fixed by law, 
     appropriations and authorizations made for the Department of 
     Agriculture for the current fiscal year under this Act shall 
     be available for the purchase, in addition to those 
     specifically provided for, of not to exceed 398 passenger 
     motor vehicles, of which 396 shall be for replacement only, 
     and for the hire of such vehicles.
       Sec. 702. Funds in this Act available to the Department of 
     Agriculture shall be available for uniforms or allowances 
     therefor as authorized by law (5 U.S.C. 5901-5902).
       Sec. 703. Funds appropriated by this Act shall be available 
     for employment pursuant to the second sentence of section 
     706(a) of the Department of Agriculture Organic Act of 1944 
     (7 U.S.C. 2225) and 5 U.S.C. 3109.
       Sec. 704. The Secretary of Agriculture may transfer 
     unobligated balances of discretionary funds appropriated by 
     this Act or other available unobligated discretionary 
     balances of the Department of Agriculture to the Working 
     Capital Fund for the acquisition of plant and capital 
     equipment necessary for the delivery of financial, 
     administrative, and information technology services of 
     primary benefit to the agencies of the Department of 
     Agriculture: Provided, That none of the funds made available 
     by this Act or any other Act shall be transferred to the 
     Working Capital Fund without the prior approval of the agency 
     administrator: Provided further, That none of the funds 
     transferred to the Working Capital Fund pursuant to this 
     section shall be available for obligation without the prior 
     approval of the Committees on Appropriations of both Houses 
     of Congress.
       Sec. 705. New obligational authority provided for the 
     following appropriation items in this Act shall remain 
     available until expended: Animal and Plant Health Inspection 
     Service, the contingency fund to meet emergency conditions, 
     information technology infrastructure, fruit fly program, 
     emerging plant pests, boll weevil program, and up to 25 
     percent of the screwworm program; Food Safety and Inspection 
     Service, field automation and information management project; 
     Cooperative State Research, Education, and Extension Service, 
     funds for competitive research grants (7 U.S.C. 450i(b)), 
     funds for the Research, Education, and Economics Information 
     System (REEIS), and funds for the Native American 
     Institutions Endowment Fund; Farm Service Agency, salaries 
     and expenses funds made available to county committees; 
     Foreign Agricultural Service, middle-income country training 
     program and up to $2,000,000 of the Foreign Agricultural 
     Service appropriation solely for the purpose of offsetting 
     fluctuations in international currency exchange rates, 
     subject to documentation by the Foreign Agricultural Service.
       Sec. 706. No part of any appropriation contained in this 
     Act shall remain available for obligation beyond the current 
     fiscal year unless expressly so provided herein.
       Sec. 707. Not to exceed $50,000 of the appropriations 
     available to the Department of Agriculture in this Act shall 
     be available to provide appropriate orientation and language 
     training pursuant to section 606C of the Act of August 28, 
     1954 (7 U.S.C. 1766b).
       Sec. 708. No funds appropriated by this Act may be used to 
     pay negotiated indirect cost

[[Page 31348]]

     rates on cooperative agreements or similar arrangements 
     between the United States Department of Agriculture and 
     nonprofit institutions in excess of 10 percent of the total 
     direct cost of the agreement when the purpose of such 
     cooperative arrangements is to carry out programs of mutual 
     interest between the two parties. This does not preclude 
     appropriate payment of indirect costs on grants and contracts 
     with such institutions when such indirect costs are computed 
     on a similar basis for all agencies for which appropriations 
     are provided in this Act.
       Sec. 709. None of the funds in this Act shall be available 
     to restrict the authority of the Commodity Credit Corporation 
     to lease space for its own use or to lease space on behalf of 
     other agencies of the Department of Agriculture when such 
     space will be jointly occupied.
       Sec. 710. None of the funds in this Act shall be available 
     to pay indirect costs charged against competitive 
     agricultural research, education, or extension grant awards 
     issued by the Cooperative State Research, Education, and 
     Extension Service that exceed 20 percent of total Federal 
     funds provided under each award: Provided, That 
     notwithstanding section 1462 of the National Agricultural 
     Research, Extension, and Teaching Policy Act of 1977 (7 
     U.S.C. 3310), funds provided by this Act for grants awarded 
     competitively by the Cooperative State Research, Education, 
     and Extension Service shall be available to pay full 
     allowable indirect costs for each grant awarded under section 
     9 of the Small Business Act (15 U.S.C. 638).
       Sec. 711. Notwithstanding any other provision of this Act, 
     all loan levels provided in this Act shall be considered 
     estimates, not limitations.
       Sec. 712. Appropriations to the Department of Agriculture 
     for the cost of direct and guaranteed loans made available in 
     the current fiscal year shall remain available until expended 
     to cover obligations made in the current fiscal year for the 
     following accounts: the Rural Development Loan Fund program 
     account, the Rural Telephone Bank program account, the Rural 
     Electrification and Telecommunication Loans program account, 
     the Rural Housing Insurance Fund program account, and the 
     Rural Economic Development Loans program account.
       Sec. 713. None of the funds in this Act may be used to 
     retire more than 5 percent of the Class A stock of the Rural 
     Telephone Bank or to maintain any account or subaccount 
     within the accounting records of the Rural Telephone Bank the 
     creation of which has not specifically been authorized by 
     statute: Provided, That notwithstanding any other provision 
     of law, none of the funds appropriated or otherwise made 
     available in this Act may be used to transfer to the Treasury 
     or to the Federal Financing Bank any unobligated balance of 
     the Rural Telephone Bank telephone liquidating account which 
     is in excess of current requirements and such balance shall 
     receive interest as set forth for financial accounts in 
     section 505(c) of the Federal Credit Reform Act of 1990.
       Sec. 714. Of the funds made available by this Act, not more 
     than $1,800,000 shall be used to cover necessary expenses of 
     activities related to all advisory committees, panels, 
     commissions, and task forces of the Department of 
     Agriculture, except for panels used to comply with negotiated 
     rule makings and panels used to evaluate competitively 
     awarded grants.
       Sec. 715. None of the funds appropriated by this Act may be 
     used to carry out section 410 of the Federal Meat Inspection 
     Act (21 U.S.C. 679a) or section 30 of the Poultry Products 
     Inspection Act (21 U.S.C. 471).
       Sec. 716. No employee of the Department of Agriculture may 
     be detailed or assigned from an agency or office funded by 
     this Act to any other agency or office of the Department for 
     more than 30 days unless the individual's employing agency or 
     office is fully reimbursed by the receiving agency or office 
     for the salary and expenses of the employee for the period of 
     assignment.
       Sec. 717. None of the funds appropriated or otherwise made 
     available to the Department of Agriculture shall be used to 
     transmit or otherwise make available to any non-Department of 
     Agriculture employee questions or responses to questions that 
     are a result of information requested for the appropriations 
     hearing process.
       Sec. 718. None of the funds made available to the 
     Department of Agriculture by this Act may be used to acquire 
     new information technology systems or significant upgrades, 
     as determined by the Office of the Chief Information Officer, 
     without the approval of the Chief Information Officer and the 
     concurrence of the Executive Information Technology 
     Investment Review Board: Provided, That notwithstanding any 
     other provision of law, none of the funds appropriated or 
     otherwise made available by this Act may be transferred to 
     the Office of the Chief Information Officer without the prior 
     approval of the Committees on Appropriations of both Houses 
     of Congress.
       Sec. 719. (a) None of the funds provided by this Act, or 
     provided by previous Appropriations Acts to the agencies 
     funded by this Act that remain available for obligation or 
     expenditure in the current fiscal year, or provided from any 
     accounts in the Treasury of the United States derived by the 
     collection of fees available to the agencies funded by this 
     Act, shall be available for obligation or expenditure through 
     a reprogramming of funds which: (1) creates new programs; (2) 
     eliminates a program, project, or activity; (3) increases 
     funds or personnel by any means for any project or activity 
     for which funds have been denied or restricted; (4) relocates 
     an office or employees; (5) reorganizes offices, programs, or 
     activities; or (6) contracts out or privatizes any functions 
     or activities presently performed by Federal employees; 
     unless the Committees on Appropriations of both Houses of 
     Congress are notified 15 days in advance of such 
     reprogramming of funds.
       (b) None of the funds provided by this Act, or provided by 
     previous Appropriations Acts to the agencies funded by this 
     Act that remain available for obligation or expenditure in 
     the current fiscal year, or provided from any accounts in the 
     Treasury of the United States derived by the collection of 
     fees available to the agencies funded by this Act, shall be 
     available for obligation or expenditure for activities, 
     programs, or projects through a reprogramming of funds in 
     excess of $500,000 or 10 percent, whichever is less, that: 
     (1) augments existing programs, projects, or activities; (2) 
     reduces by 10 percent funding for any existing program, 
     project, or activity, or numbers of personnel by 10 percent 
     as approved by Congress; or (3) results from any general 
     savings from a reduction in personnel which would result in a 
     change in existing programs, activities, or projects as 
     approved by Congress; unless the Committees on Appropriations 
     of both Houses of Congress are notified 15 days in advance of 
     such reprogramming of funds.
       (c) The Secretary of Agriculture, the Secretary of Health 
     and Human Services, or the Chairman of the Commodity Futures 
     Trading Commission shall notify the Committees on 
     Appropriations of both Houses of Congress before implementing 
     a program or activity not carried out during the previous 
     fiscal year unless the program or activity is funded by this 
     Act or specifically funded by any other Act.
       Sec. 720. With the exception of funds needed to administer 
     and conduct oversight of grants awarded and obligations 
     incurred in prior fiscal years, none of the funds 
     appropriated or otherwise made available by this or any other 
     Act may be used to pay the salaries and expenses of personnel 
     to carry out the provisions of section 401 of Public Law 105-
     185, the Initiative for Future Agriculture and Food Systems 
     (7 U.S.C. 7621).
       Sec. 721. None of the funds appropriated by this or any 
     other Act shall be used to pay the salaries and expenses of 
     personnel who prepare or submit appropriations language as 
     part of the President's Budget submission to the Congress of 
     the United States for programs under the jurisdiction of the 
     Appropriations Subcommittees on Agriculture, Rural 
     Development, Food and Drug Administration, and Related 
     Agencies that assumes revenues or reflects a reduction from 
     the previous year due to user fees proposals that have not 
     been enacted into law prior to the submission of the Budget 
     unless such Budget submission identifies which additional 
     spending reductions should occur in the event the user fees 
     proposals are not enacted prior to the date of the convening 
     of a committee of conference for the fiscal year 2005 
     appropriations Act.
       Sec. 722. None of the funds made available by this or any 
     other Act may be used to close or relocate a state Rural 
     Development office unless or until cost effectiveness and 
     enhancement of program delivery have been determined.
       Sec. 723. In addition to amounts otherwise appropriated or 
     made available by this Act, $3,000,000 is appropriated for 
     the purpose of providing Bill Emerson and Mickey Leland 
     Hunger Fellowships, as authorized by Public Law 108-58.
       Sec. 724. Notwithstanding section 412 of the Agricultural 
     Trade Development and Assistance Act of 1954 (7 U.S.C. 
     1736f), any balances available to carry out title III of such 
     Act as of the date of enactment of this Act, and any 
     recoveries and reimbursements that become available to carry 
     out title III of such Act, may be used to carry out title II 
     of such Act.
       Sec. 725. Of any shipments of commodities made pursuant to 
     section 416(b) of the Agricultural Act of 1949 (7 U.S.C. 
     1431(b)), the Secretary of Agriculture shall, to the extent 
     practicable, direct that tonnage equal in value to not more 
     than $25,000,000 shall be made available to foreign countries 
     to assist in mitigating the effects of the Human 
     Immunodeficiency Virus and Acquired Immune Deficiency 
     Syndrome on communities, including the provision of--
       (1) agricultural commodities to--
       (A) individuals with Human Immunodeficiency Virus or 
     Acquired Immune Deficiency Syndrome in the communities; and
       (B) households in the communities, particularly individuals 
     caring for orphaned children; and
       (2) agricultural commodities monetized to provide other 
     assistance (including assistance under microcredit and 
     microenterprise programs) to create or restore sustainable 
     livelihoods among individuals in the communities, 
     particularly individuals caring for orphaned children.
       Sec. 726. Section 375(e)(6)(B) of the Consolidated Farm and 
     Rural Development Act (7 U.S.C. 2008j(e)(6)(B)) is amended by 
     striking ``$26,499,000'' and inserting ``$26,998,000''.
       Sec. 727. Notwithstanding any other provision of law, the 
     Natural Resources Conservation Service may provide financial 
     and technical assistance through the Watershed and Flood 
     Prevention Operations program for the Kuhn Bayou and Ditch 26 
     Improvement projects in Arkansas, the Matanuska River erosion 
     control project in Alaska, the DuPage County Sawmill Creek 
     Watershed project in Illinois, and the Coal Creek project in 
     Utah, and four flood control structures in Marmaton, Kansas.
       Sec. 728. Notwithstanding any other provision of law, the 
     Secretary shall consider the County of Lawrence, Ohio; the 
     City of Havelock, North

[[Page 31349]]

     Carolina; the City of Portsmouth, Ohio; the City of 
     Binghamton, New York; the Town of Vestal, New York; the City 
     of Ithaca, New York; the City of Casa Grande, Arizona; the 
     City of Clarksdale, Mississippi; the City of Coachella, 
     California; the City of Salinas, California; the City of 
     Watsonville, California; the City of Hollister, California; 
     the Municipality of Carolina, Puerto Rico; and the City of 
     Kinston, North Carolina, as meeting the eligibility 
     requirements for loans and grants programs in the Rural 
     Development mission area.
       Sec. 729. Notwithstanding any other provision of law, the 
     Natural Resources Conservation Service shall provide 
     financial and technical assistance to the DuPage County, 
     Illinois, Kress Creek Watershed Plan, from funds available 
     for the Watershed and Flood Prevention Operations program, 
     not to exceed $1,600,000 and Rockhouse Creek Watershed, 
     Leslie County, Kentucky, not to exceed $1,000,000.
       Sec. 730. None of the funds made available in this Act may 
     be transferred to any department, agency, or instrumentality 
     of the United States Government, except pursuant to a 
     transfer made by, or transfer authority provided in, this or 
     any other appropriation Act.
       Sec. 731. None of the funds made available to the Food and 
     Drug Administration by this Act shall be used to close or 
     relocate, or to plan to close or relocate, the Food and Drug 
     Administration Division of Pharmaceutical Analysis in St. 
     Louis, Missouri, outside the city or county limits of St. 
     Louis, Missouri.
       Sec. 732. Agencies and offices of the Department of 
     Agriculture may utilize any unobligated salaries and expenses 
     funds to reimburse the Office of the General Counsel for 
     salaries and expenses of personnel, and for other related 
     expenses, incurred in representing such agencies and offices 
     in the resolution of complaints by employees or applicants 
     for employment, and in cases and other matters pending before 
     the Equal Employment Opportunity Commission, the Federal 
     Labor Relations Authority, or the Merit Systems Protection 
     Board with the prior approval of the Committees on 
     Appropriations of both Houses of Congress.
       Sec. 733. Notwithstanding any other provision of law, of 
     the funds made available in this Act for competitive research 
     grants (7 U.S.C. 450i(b)), the Secretary may use up to 20 
     percent of the amount provided to carry out a competitive 
     grants program under the same terms and conditions as those 
     provided in section 401 of the Agricultural Research, 
     Extension, and Education Reform Act of 1998 (7 U.S.C. 7621), 
     including requests for proposals for grants for critical 
     emerging issues described in section 401(c)(1) of that Act 
     for which the Secretary has not issued requests for proposals 
     for grants in fiscal year 2002 or 2003.
       Sec. 734. None of the funds appropriated or made available 
     by this or any other Act may be used to pay the salaries and 
     expenses of personnel to carry out section 14(h)(1) of the 
     Watershed Protection and Flood Prevention Act (16 U.S.C. 
     1012(h)(1)).
       Sec. 735. Notwithstanding any other provision of law, the 
     Natural Resources Conservation Service shall provide 
     financial and technical assistance through the Watershed and 
     Flood Prevention Operations program to carry out the Upper 
     Tygart Valley Watershed project, West Virginia: Provided, 
     That the Natural Resources Conservation Service is authorized 
     to provide 100 percent of the engineering assistance and 75 
     percent cost share for installation of the water supply 
     component of this project.
       Sec. 736. None of the funds appropriated or made available 
     by this or any other Act may be used to pay the salaries and 
     expenses of personnel to carry out subtitle I of the 
     Consolidated Farm and Rural Development Act (7 U.S.C. 2009dd 
     through dd-7).
       Sec. 737. None of the funds appropriated or made available 
     by this or any other Act may be used to pay the salaries and 
     expenses of personnel to carry out section 6405 of Public Law 
     107-171 (7 U.S.C. 2655).
       Sec. 738. None of the funds appropriated or otherwise made 
     available by this Act shall be used to pay the salaries and 
     expenses of personnel to carry out the provisions of sections 
     7404(a)(1) and 7404(c)(1) of Public Law 107-171.
       Sec. 739. The Agricultural Marketing Service and the Grain 
     Inspection, Packers and Stockyards Administration, that have 
     statutory authority to purchase interest bearing investments 
     outside of the Treasury, are not required to establish 
     obligations and outlays for those investments, provided those 
     investments are insured by the Federal Deposit Insurance 
     Corporation or are collateralized at the Federal Reserve with 
     securities approved by the Federal Reserve, operating under 
     the guidelines of the United States Department of the 
     Treasury.
       Sec. 740. Of the funds made available under section 27(a) 
     of the Food Stamp Act of 1977 (7 U.S.C. 2011 et seq.), the 
     Secretary may use up to $10,000,000 for costs associated with 
     the distribution of commodities.
       Sec. 741. None of the funds appropriated or otherwise made 
     available by this or any other Act shall be used to pay the 
     salaries and expenses of personnel to enroll in excess of 
     189,144 acres in the calendar year 2004 wetlands reserve 
     program as authorized by 16 U.S.C. 3837.
       Sec. 742. None of the funds made available in fiscal year 
     2004 or preceding fiscal years for programs authorized under 
     the Agricultural Trade Development and Assistance Act of 1954 
     (7 U.S.C. 1691 et seq.) in excess of $20,000,000 shall be 
     used to reimburse the Commodity Credit Corporation for the 
     release of eligible commodities under section 302(f)(2)(A) of 
     the Bill Emerson Humanitarian Trust Act (7 U.S.C. 1736f-1): 
     Provided, That any such funds made available to reimburse the 
     Commodity Credit Corporation shall only be used pursuant to 
     section 302(b)(2)(B)(i) of the Bill Emerson Humanitarian 
     Trust Act.
       Sec. 743. None of the funds appropriated or otherwise made 
     available by this or any other Act shall be used to pay the 
     salaries and expenses of personnel who carry out an 
     environmental quality incentives program authorized by 
     chapter 4 of subtitle D of title XII of the Food Security Act 
     of 1985 (16 U.S.C. 3839aa et seq.) in excess of $975,000,000.
       Sec. 744. Notwithstanding any other provision of law, the 
     Natural Resources Conservation Service may provide from 
     appropriated funds financial and technical assistance to the 
     Dry Creek project, Utah.
       Sec. 745. The Secretary of Agriculture is authorized to 
     permit employees of the United States Department of 
     Agriculture to carry and use firearms for personal protection 
     while conducting field work in remote locations in the 
     performance of their official duties.
       Sec. 746. None of the funds appropriated or otherwise made 
     available by this or any other Act shall be used to pay the 
     salaries and expenses of personnel to expend the $23,000,000 
     made available by section 9006(f) of the Farm Security and 
     Rural Investment Act of 2002 (7 U.S.C. 8106(f)).
       Sec. 747. Access to Broadband Telecommunications Services 
     in Rural Areas. None of the funds appropriated or otherwise 
     made available by this or any other Act shall be used to pay 
     the salaries and expenses of personnel to expend the 
     $20,000,000 made available by section 601(j)(1)(A) of the 
     Rural Electrification Act of 1936 (7 U.S.C. 950bb(j)(1)(A)) 
     for fiscal year 2004.
       Sec. 748. None of the funds appropriated or otherwise made 
     available by this or any other Act shall be used to pay the 
     salaries and expenses of personnel to expend the $40,000,000 
     made available by section 231(b)(4) of the Agricultural Risk 
     Protection Act of 2000 (7 U.S.C. 1621 note) for fiscal year 
     2004.
       Sec. 749. Section 285 of the Agricultural Marketing Act of 
     1946 (16 U.S.C. 1638d et seq.) is amended by striking 
     ``2004'' and inserting in lieu thereof ``2006, except for 
     `farm-raised fish' and `wild fish' which shall be September 
     30, 2004''.
       Sec. 750. (a) Notwithstanding subsections (c) and (e)(2) of 
     section 313A of the Rural Electrification Act (7 U.S.C. 
     940c(c) and (e)(2)) in implementing section 313A of that Act, 
     the Secretary shall, with the consent of the lender, 
     structure the schedule for payment of the annual fee, not to 
     exceed an average of 30 basis points per year for the term of 
     the loan, to ensure that sufficient funds are available to 
     pay the subsidy costs for note guarantees under that section; 
     and
       (b) The Secretary shall publish a proposed rule to carry 
     out section 313A of the Rural Electrification Act of 1936 
     within 60 days of enactment of this Act.
       Sec. 751. Any unobligated balances in the Alternative 
     Agricultural Research and Commercialization Revolving Fund 
     are hereby rescinded.
       Sec. 752. Not more than $41,443,000 for fiscal year 2004 of 
     the funds appropriated or otherwise made available by this or 
     any other Act shall be used to carry out the conservation 
     security program established under subchapter A of chapter 2 
     of subtitle D of title XII of the Food Security Act of 1985 
     (16 U.S.C. 3838 et seq.).
       Sec. 753. None of the funds appropriated or otherwise made 
     available by this or any other Act shall be used to pay the 
     salaries and expenses of personnel to carry out a ground and 
     surface water conservation program authorized by section 2301 
     of Public Law 107-171, the Farm Security and Rural Investment 
     Act of 2002, in excess of $51,000,000.
       Sec. 754. None of the funds appropriated or otherwise made 
     available by this or any other Act shall be used to pay the 
     salaries and expenses of personnel to carry out section 2502 
     of Public Law 107-171, the Farm Security and Rural Investment 
     Act of 2002, in excess of $42,000,000.
       Sec. 755. None of the funds appropriated or otherwise made 
     available by this or any other Act shall be used to pay the 
     salaries and expenses of personnel to carry out section 2503 
     of Public Law 107-171, the Farm Security and Rural Investment 
     Act of 2002, in excess of $112,044,000.
       Sec. 756. (a) Assistance for Commercial Tree Losses.--The 
     Secretary of Agriculture shall use $5,000,000 of the funds of 
     the Commodity Credit Corporation to provide assistance under 
     the Tree Assistance Program, subtitle C of title X of the 
     Farm Security and Rural Investment Act of 2002 (7 U.S.C. 8201 
     et seq.), to tree-fruit growers located in a federally 
     declared disaster area in the State of New York who suffered 
     tree losses in 2003 as a result of an April 4-6, 2003, 
     icestorm.
       (b) The Secretary of Agriculture shall use $10,000,000 of 
     the funds of the Commodity Credit Corporation, to remain 
     available until expended, to compensate commercial citrus and 
     lime growers in the State of Florida for tree replacement and 
     for lost production with respect to trees removed to control 
     citrus canker, and with respect to certified citrus nursery 
     stocks within the citrus canker quarantine areas, as 
     determined by the Secretary. For a grower to receive 
     assistance for a tree under this section, the tree must have 
     been removed after September 30, 2001.
       Sec. 757. There is hereby appropriated $1,500,000 to carry 
     out section 6028 of Public

[[Page 31350]]

     Law 107-171, the Farm Security and Rural Investment Act of 
     2002: Provided, That notwithstanding section 383B(g)(1) of 
     the Consolidated Farm and Rural Development Act (7 U.S.C. 
     2009bb-1(g)(1)), the Federal share of the administrative 
     expenses of the Northern Great Plains Regional Authority for 
     fiscal year 2004 shall be 100 percent.
       Sec. 758. Section 204(a)(3) of the Agricultural Trade 
     Development and Assistance Act of 1954 (7 U.S.C. 1724(a)(3)) 
     is amended by striking everything from ``the Committee on 
     Foreign Affairs'' through ``the Committee on'' and inserting 
     in lieu thereof ``the Committees on International Relations, 
     Agriculture and Appropriations of the House of 
     Representatives, and the Committees on Appropriations and''.
       Sec. 759. None of the funds appropriated or made available 
     by this or any other Act may be used to pay the salaries and 
     expenses of personnel to carry out section 6029 of Public Law 
     107-171, the Farm Security and Rural Investment Act of 2002: 
     Provided, That this section shall not apply to activities 
     related to the promulgation of regulations or the receipt and 
     review of applications for the Rural Business Investment 
     Program.
       Sec. 760. None of the funds appropriated or otherwise made 
     available in this Act shall be expended to violate Public Law 
     105-264.
       Sec. 761. Cost-Sharing for Animal and Plant Health 
     Emergency Programs. None of the funds made available by this 
     Act may be used to issue a final rule in furtherance of, or 
     otherwise implement, the proposed rule on cost-sharing for 
     animal and plant health emergency programs of the Animal and 
     Plant Health Inspection Service published on July 8, 2003 
     (Docket No. 02-062-1; 68 Fed. Reg. 40541).
       Sec. 762. Agencies and offices of the Department of 
     Agriculture may utilize any available discretionary funds to 
     cover the costs of preparing, or contracting for the 
     preparation of, final agency decisions regarding complaints 
     of discrimination in employment or program activities arising 
     within such agencies and offices.
       Sec. 763. Notwithstanding any other provision of law, for 
     any fiscal year, in the case of a high cost isolated rural 
     area in Alaska that is not connected to a road system, the 
     maximum level for the single family housing assistance shall 
     be 150 percent of the average income level in the 
     metropolitan areas of the State and 115 percent of all other 
     eligible areas of the State.
       Sec. 764. There is hereby appropriated $1,000,000, to 
     remain available until expended, for the Denali Commission to 
     address deficiencies in solid waste disposal sites which 
     threaten to contaminate rural drinking water supplies.
       Sec. 765. Notwithstanding any other provision of law, the 
     Secretary shall consider the City of Vicksburg, Mississippi; 
     the City of Aberdeen, South Dakota; and the City of 
     Starkville, Mississippi as meeting the requirements of a 
     rural area contained in section 520 of the Housing Act of 
     1949 (42 U.S.C. 1490) until receipt of the decennial Census 
     for the year 2010.
       Sec. 766. Notwithstanding any other provision of law, the 
     Secretary shall consider the City of Berlin, New Hampshire; 
     the City of Guymon, Oklahoma; the City of Shawnee, Oklahoma; 
     and the City of Altus, Oklahoma, to be eligible for loans and 
     grants provided through the Rural Community Advancement 
     Program until receipt of the decennial Census in the year 
     2010.
       Sec. 767. None of the funds made available in this Act may 
     be used to study, complete a study of, or enter into a 
     contract with a private party to carry out, without specific 
     authorization in a subsequent Act of Congress, a competitive 
     sourcing activity of the Secretary of Agriculture, including 
     support personnel of the Department of Agriculture, relating 
     to rural development or farm loan programs.
       Sec. 768. Section 501(b)(5)(B) of the Housing Act of 1949 
     (42 U.S.C. 1471(b)(5)(B) is amended by striking ``for fiscal 
     years 2002 and 2003,''.
       Sec. 769. Agricultural Management Assistance. Section 
     524(b)(4)(B) of the Federal Crop Insurance Act (7 U.S.C. 
     1524(b)(4)(B)) is amended--
       (1) in clause (i), by striking ``clause (ii)'' and 
     inserting ``clauses (ii) and (iii)''; and
       (2) by adding at the end the following:
       ``(iii) Certain uses.--Of the amounts made available to 
     carry out this subsection for each fiscal years 2004 through 
     2007 the Commodity Credit Corporation shall use not less 
     than--

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

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

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

       ``(a) Purposes.--The purposes of the programs established 
     under this section are--
       ``(1) to enhance national energy security through the 
     development, distribution, and implementation of biobased 
     energy technologies;
       ``(2) to promote diversification in, and the environmental 
     sustainability of, agricultural production in the United 
     States through biobased energy and product technologies;
       ``(3) to promote economic diversification in rural areas of 
     the United States through biobased energy and product 
     technologies; and
       ``(4) to enhance the efficiency of bioenergy and biomass 
     research and development programs through improved 
     coordination and collaboration between the Department of 
     Agriculture, the Department of Energy, and the land-grant 
     colleges and universities.
       ``(b) Definitions.--In this section:
       ``(1) Land-grant colleges and universities.--The term 
     `land-grant colleges and universities' means--
       ``(A) 1862 Institutions (as defined in section 2 of the 
     Agricultural Research, Extension, and Education Reform Act of 
     1998 (7 U.S.C. 7601));
       ``(B) 1890 Institutions (as defined in section 2 of that 
     Act) and West Virginia State College; and
       ``(C) 1994 Institutions (as defined in section 2 of that 
     Act).
       ``(2) Secretary.--The term `Secretary' means the Secretary 
     of Agriculture.
       ``(c) Establishment.--To carry out the purposes described 
     in subsection (a), the Secretary shall establish programs 
     under which--
       ``(1) the Secretary shall provide grants to sun grant 
     centers specified in subsection (d); and
       ``(2) the sun grant centers shall use the grants in 
     accordance with this section.
       ``(d) Grants to Centers.--The Secretary shall use amounts 
     made available for a fiscal year under subsection (j) to 
     provide a grants in equal amounts to each of the following 
     sun grant centers:
       ``(1) North-central center.--A north-central sun grant 
     center at South Dakota State University for the region 
     composed of the States of Illinois, Indiana, Iowa, Minnesota, 
     Montana, Nebraska, North Dakota, South Dakota, Wisconsin, and 
     Wyoming.
       ``(2) Southeastern center.--A southeastern sun grant center 
     at the University of Tennessee at Knoxville for the region 
     composed of--

[[Page 31351]]

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

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

                                 AN ACT

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

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

[[Page 31352]]



                     TITLE I--DEPARTMENT OF JUSTICE

                         General Administration


                         salaries and expenses

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

                     joint automated booking system

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


         integrated automated fingerprint identification system

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


                   legal activities office automation

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


                       narrowband communications

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


                         Counterterrorism Fund

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


                   Administrative Review and Appeals

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


                           Detention Trustee

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


                      Office of Inspector General

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

                    United States Parole Commission


                         Salaries and Expenses

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

                            Legal Activities


            Salaries and Expenses, General Legal Activities

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

               salaries and expenses, antitrust division

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


             Salaries and Expenses, United States Attorneys

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


                   United States Trustee System Fund

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

[[Page 31353]]




      Salaries and Expenses, Foreign Claims Settlement Commission

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


         Salaries and Expenses, United States Marshals Service

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


                              Construction

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


                     Fees and Expenses of Witnesses

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


           Salaries and Expenses, Community Relations Service

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


                         Assets Forfeiture Fund

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

                    Federal Bureau of Investigation


                         Salaries and Expenses

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


  foreign terrorist tracking task force/terrorist threat integration 
                                 center

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


                              Construction

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

                    Drug Enforcement Administration


                         Salaries and Expenses

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


                      Interagency Drug Enforcement

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

          Bureau of Alcohol, Tobacco, Firearms and Explosives


                         salaries and expenses

       For necessary expenses of the Bureau of Alcohol, Tobacco, 
     Firearms and Explosives, including the purchase of not to 
     exceed 822 vehicles for police-type use, of which 650 shall 
     be for replacement only; not to exceed $18,000 for official 
     reception and representation expenses; for training of State 
     and local law enforcement agencies with or without 
     reimbursement, including training in connection with the 
     training and acquisition of canines for explosives and fire 
     accelerants detection; and for provision of laboratory 
     assistance to State and local law enforcement agencies, with 
     or without reimbursement, $836,087,000, of which not to 
     exceed $1,000,000 shall be available for the payment of 
     attorneys' fees as provided by 18 U.S.C. 924(d)(2): Provided, 
     That no funds appropriated herein shall be available for 
     salaries or administrative expenses in connection with 
     consolidating or centralizing, within the Department of 
     Justice, the records, or any portion thereof, of acquisition 
     and disposition of firearms maintained by Federal firearms 
     licensees: Provided further, That no funds appropriated 
     herein shall be used to pay administrative expenses or the 
     compensation of any officer or employee of the United States 
     to implement an amendment or amendments to 27 CFR 178.118 or 
     to change the definition of ``Curios or relics'' in 27 CFR 
     178.11 or remove any item from ATF Publication 5300.11 as it 
     existed on January 1, 1994: Provided further, That none of 
     the funds appropriated herein shall be available to 
     investigate or act upon applications for relief from Federal 
     firearms disabilities under 18 U.S.C. 925(c): Provided 
     further, That such funds shall be available to investigate 
     and act upon applications filed by corporations for relief 
     from Federal firearms disabilities under section 925(c) of 
     title 18, United States Code: Provided further, That no funds 
     made available by this or any other Act may be used to 
     transfer the functions, missions, or activities of the Bureau 
     of Alcohol, Tobacco, Firearms, and Explosives to other 
     agencies or Departments in fiscal year 2004: Provided 
     further, That no funds appropriated under this or any other 
     Act may be used to disclose to the

[[Page 31354]]

     public the contents or any portion thereof of any information 
     required to be kept by licensees pursuant to section 923(g) 
     of title 18, United States Code, or required to be reported 
     pursuant to paragraphs (3) and (7) of section 923(g) of title 
     18, United States Code, except that this provision shall 
     apply to any request for information made by any person or 
     entity after January 1, 1998: Provided further, That no funds 
     made available by this or any other Act shall be expended to 
     promulgate or implement any rule requiring a physical 
     inventory of any business licensed under section 923 of title 
     18, United States Code: Provided further, That no funds under 
     this Act may be used to electronically retrieve information 
     gathered pursuant to 18 U.S.C. 923(g)(4) by name or any 
     personal identification code: Provided further, That 
     subparagraphs (A) and (B) of 28 U.S.C. 530C(b)(2), are 
     amended by inserting ``for the Bureau of Alcohol, Tobacco, 
     Firearms and Explosives,'' after ``Marshals Service,'' in 
     each subparagraph.

                         Federal Prison System


                         Salaries and Expenses

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


                        Buildings and Facilities

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


                Federal Prison Industries, Incorporated

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


   Limitation on Administrative Expenses, Federal Prison Industries, 
                              Incorporated

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

                       Office of Justice Programs


                           Justice Assistance

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


               STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE

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

[[Page 31355]]




                       Weed and Seed Program Fund

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


                  COMMUNITY ORIENTED POLICING SERVICES

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


       violence against women prevention and prosecution programs

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


                       JUVENILE JUSTICE PROGRAMS

       For grants, contracts, cooperative agreements, and other 
     assistance authorized by the Juvenile Justice and Delinquency 
     Prevention Act of 1974 (``the Act''), and other juvenile 
     justice programs, including salaries and expenses in 
     connection therewith to be transferred to and merged with the 
     appropriations for Justice Assistance, $352,700,000, to 
     remain available until expended, as follows:
       (1) $3,600,000 for concentration of Federal efforts, as 
     authorized by section 204 of the Act;
       (2) $84,000,000 for State and local programs authorized by 
     section 221 of the Act, including training and technical 
     assistance to assist small, non-profit organizations with the 
     Federal grants process;
       (3) $2,500,000 for research, evaluation, training and 
     technical assistance, as authorized by sections 251 and 252 
     of the Act;
       (4) $79,600,000 for demonstration projects as authorized by 
     sections 261 and 262 of the Act;
       (5) $80,000,000 for delinquency prevention, as authorized 
     by section 505 of the Act, of which--
       (A) $10,000,000 shall be for the Tribal Youth program;
       (B) $20,000,000 shall be for a gang resistance education 
     and training program to be coordinated with the Bureau of 
     Alcohol, Tobacco, Firearms and Explosives; and
       (C) $25,000,000 shall be for grants of $360,000 to each 
     State and $6,640,000 shall be available for discretionary 
     grants to States, for programs and activities to enforce 
     State laws prohibiting the sale of alcoholic beverages to 
     minors or the purchase or consumption of alcoholic beverages 
     by minors, prevention and reduction of consumption of 
     alcoholic beverages by minors, and for technical assistance 
     and training;
       (6) $5,000,000 for Project Childsafe;
       (7) $10,000,000 for the Secure Our Schools Act as 
     authorized by Public Law 106-386;
       (8) $15,000,000 for Project Sentry to reduce youth gun 
     violence, and gang and drug-related crime;
       (9) $13,000,000 for programs authorized by the Victims of 
     Child Abuse Act of 1990; and
       (10) $60,000,000 for the Juvenile Accountability Block 
     Grants program as authorized by Public Law 107-273 and Guam 
     shall be considered a State:

     Provided, That not more than 10 percent of each amount in 
     this section may be used for research, evaluation, and 
     statistics activities designed to benefit the programs or 
     activities authorized, and not more than 2 percent of each 
     amount may be used for training and technical assistance.


                    Public Safety Officers Benefits

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

               General Provisions--Department of Justice


                         (including rescission)

       Sec. 101. In addition to amounts otherwise made available 
     in this title for official reception

[[Page 31356]]

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

[[Page 31357]]

     how they can be incorporated into regional economic 
     development plans.
       ``(g) There is authorized to be appropriated such sums as 
     may be necessary to the following agencies which shall be 
     transferred to the Denali Commission as a direct lump sum 
     payment to implement this section:
       ``(1) Department of Commerce, Economic Development 
     Administration,
       ``(2) Department of Housing and Urban Development,
       ``(3) Department of the Interior, Bureau of Indian Affairs,
       ``(4) Department of Agriculture, Rural Development 
     Administration, and
       ``(5) Small Business Administration.''.
       Sec. 113. For an additional amount for the ``Local Law 
     Enforcement Block Grant'' program to be provided to the City 
     of San Juan, Puerto Rico, $550,000.
       Sec. 114. Of the unobligated balances available to the 
     Department of Justice from prior year appropriations with the 
     exception of funds provided for counterterrorism activities, 
     counterintelligence activities, white collar crime 
     enforcement, organized crime enforcement, and drug 
     enforcement, $100,000,000 are rescinded: Provided, That 
     within 30 days after the date of the enactment of this 
     section the Attorney General shall submit to the Committees 
     on Appropriations of the House of Representatives and the 
     Senate a report specifying the amount of each rescission made 
     pursuant to this section.
       This title may be cited as the ``Department of Justice 
     Appropriations Act, 2004''.

         TITLE II--DEPARTMENT OF COMMERCE AND RELATED AGENCIES

                  Trade and Infrastructure Development

                            RELATED AGENCIES

            Office of the United States Trade Representative


                         Salaries and Expenses

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

                     International Trade Commission


                         Salaries and Expenses

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

                         DEPARTMENT OF COMMERCE

                   International Trade Administration


                     Operations and Administration

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

                    Bureau of Industry and Security


                     Operations and Administration

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

                  Economic Development Administration


                Economic Development Assistance Programs

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


                         Salaries and Expenses

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

                  Minority Business Development Agency


                     Minority Business Development

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

                Economic and Information Infrastructure

                   Economic and Statistical Analysis


                         Salaries and Expenses

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

                          Bureau of the Census


                         Salaries and Expenses

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


                     Periodic Censuses and Programs

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

       National Telecommunications and Information Administration


                         Salaries and Expenses

       For necessary expenses, as provided for by law, of the 
     National Telecommunications and Information Administration 
     (NTIA), $14,604,000, to remain available until September 30, 
     2005: Provided, That, notwithstanding 31 U.S.C. 1535(d), the 
     Secretary of Commerce shall charge Federal agencies for costs 
     incurred in spectrum management, analysis, and operations, 
     and related services and such fees shall be retained

[[Page 31358]]

     and used as offsetting collections for costs of such spectrum 
     services, to remain available until expended: Provided 
     further, That the Secretary of Commerce is authorized to 
     retain and use as offsetting collections all funds 
     transferred, or previously transferred, from other Government 
     agencies for all costs incurred in telecommunications 
     research, engineering, and related activities by the 
     Institute for Telecommunication Sciences of NTIA, in 
     furtherance of its assigned functions under this paragraph, 
     and such funds received from other Government agencies shall 
     remain available until expended.


    Public Telecommunications Facilities, Planning and Construction

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


                   Information Infrastructure Grants

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

               United States Patent and Trademark Office


                         salaries and expenses

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

                         Science and Technology

                       Technology Administration


                         salaries and expenses

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

             National Institute of Standards and Technology


             scientific and technical research and services

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

                     industrial technology services

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


                  Construction of Research Facilities

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

            National Oceanic and Atmospheric Administration


                  Operations, Research, and Facilities

                     (including transfer of funds)

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


               Procurement, Acquisition and Construction

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

[[Page 31359]]




                    Pacific Coastal Salmon Recovery

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


                   FISHERIES FINANCE PROGRAM ACCOUNT

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

                        Departmental Management


                         Salaries and Expenses

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


                      office of inspector general

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

               General Provisions--Department of Commerce


                         (including rescission)

       Sec. 201. During the current fiscal year, applicable 
     appropriations and funds made available to the Department of 
     Commerce by this Act shall be available for the activities 
     specified in the Act of October 26, 1949 (15 U.S.C. 1514), to 
     the extent and in the manner prescribed by the Act, and, 
     notwithstanding 31 U.S.C. 3324, may be used for advanced 
     payments not otherwise authorized only upon the certification 
     of officials designated by the Secretary of Commerce that 
     such payments are in the public interest.
       Sec. 202. During the current fiscal year, appropriations 
     made available to the Department of Commerce by this Act for 
     salaries and expenses shall be available for hire of 
     passenger motor vehicles as authorized by 31 U.S.C. 1343 and 
     1344; services as authorized by 5 U.S.C. 3109; and uniforms 
     or allowances therefore, as authorized by law (5 U.S.C. 5901-
     5902).
       Sec. 203. Hereafter, none of the funds made available by 
     this or any other Act for the National Oceanic and 
     Atmospheric Administration may be used to support the 
     hurricane reconnaissance aircraft and activities that are 
     under the control of the United States Air Force or the 
     United States Air Force Reserve.
       Sec. 204. Not to exceed 5 percent of any appropriation made 
     available for the current fiscal year for the Department of 
     Commerce in this Act may be transferred between such 
     appropriations, but no such appropriation shall be increased 
     by more than 10 percent by any such transfers: Provided, That 
     any transfer pursuant to this section shall be treated as a 
     reprogramming of funds under section 605 of this Act and 
     shall not be available for obligation or expenditure except 
     in compliance with the procedures set forth in that section: 
     Provided further, That the Secretary of Commerce shall notify 
     the Committees on Appropriations at least 15 days in advance 
     of the acquisition or disposal of any capital asset 
     (including land, structures, and equipment) not specifically 
     provided for in this or any other Departments of Commerce, 
     Justice, and State, the Judiciary, and Related Agencies 
     Appropriations Act.
       Sec. 205. Any costs incurred by a department or agency 
     funded under this title resulting from personnel actions 
     taken in response to funding reductions included in this 
     title or from actions taken for the care and protection of 
     loan collateral or grant property shall be absorbed within 
     the total budgetary resources available to such department or 
     agency: Provided, That the authority to transfer funds 
     between appropriations accounts as may be necessary to carry 
     out this section is provided in addition to authorities 
     included elsewhere in this Act: Provided further, That use of 
     funds to carry out this section shall be treated as a 
     reprogramming of funds under section 605 of this Act and 
     shall not be available for obligation or expenditure except 
     in compliance with the procedures set forth in that section.
       Sec. 206. Hereafter, the Secretary of Commerce may use the 
     Commerce franchise fund for expenses and equipment necessary 
     for the maintenance and operation of such administrative 
     services as the Secretary determines may be performed more 
     advantageously as central services, pursuant to section 403 
     of Public Law 103-356: Provided, That any inventories, 
     equipment, and other assets pertaining to the services to be 
     provided by such fund, either on hand or on order, less the 
     related liabilities or unpaid obligations, and any 
     appropriations made for the purpose of providing capital 
     shall be used to capitalize such fund: Provided further, That 
     such fund shall be paid in advance from funds available to 
     the Department and other Federal agencies for which such 
     centralized services are performed, at rates which will 
     return in full all expenses of operation, including accrued 
     leave, depreciation of fund plant and equipment, amortization 
     of automated data processing software and systems (either 
     acquired or donated), and an amount necessary to maintain a 
     reasonable operating reserve, as determined by the Secretary: 
     Provided further, That such fund shall provide services on a 
     competitive basis: Provided further, That an amount not to 
     exceed 4 percent of the total annual income to such fund may 
     be retained in the fund for fiscal year 2004 and each fiscal 
     year thereafter, to remain available until expended, to be 
     used for the acquisition of capital equipment, and for the 
     improvement and implementation of department financial 
     management, automated data processing, and other support 
     systems: Provided further, That such amounts retained in the 
     fund for fiscal year 2004 and each fiscal year thereafter 
     shall be available for obligation and expenditure only in 
     accordance with section 605 of this Act: Provided further, 
     That no later than 30 days after the end of each fiscal year, 
     amounts in excess of this reserve limitation shall be 
     deposited as miscellaneous receipts in the Treasury.
       Sec. 207. Notwithstanding any other provision of law, of 
     the amounts made available elsewhere in this title to the 
     ``National Institute of Standards and Technology, 
     Construction of Research Facilities'', $14,000,000 is 
     appropriated to fund a cooperative agreement with the Medical 
     University of South Carolina, $5,000,000 is appropriated to 
     the Thayer School of Engineering, of which $1,000,000 is for 
     research relating to intelligent control of distributed 
     systems, $2,000,000 is for a smart laser beam project, and 
     $2,000,000 is for research relating to nanomagnetics, 
     $500,000 is appropriated to the Institute for Information 
     Infrastructure Protection at the Institute for Security and 
     Technology Studies, $1,000,000 is appropriated for the 
     Institute of Politics, and $500,000 is appropriated for the 
     Coastal Conservation Center.
       Sec. 208. Of the amount available from the fund entitled 
     ``Promote and Develop Fishery Products and Research 
     Pertaining to American Fisheries'', $10,000,000 shall be 
     provided to the Alaska Fisheries Marketing Board, $2,000,000 
     shall be available to the Gulf and South Atlantic Fisheries 
     Foundation, $2,000,000 shall be available to the South 
     Carolina Seafood Alliance, $1,500,000 shall be available to 
     the Oregon Trawl Commission, and $1,500,000 shall be 
     available to the Oregon State University Seafood Laboratory: 
     Provided, That (1) the Alaska Fisheries Marketing Board 
     (hereinafter ``the Board'') shall be a nonprofit organization 
     and not an agency or establishment of the United States, (2) 
     the Secretary may appoint, assign, or otherwise designate as 
     Executive Director an employee of the Department of Commerce, 
     who may serve in an official capacity in such position, with 
     or without reimbursement, and such appointment or assignment 
     shall be without interruption or loss of civil service status 
     or privilege, and (3) the Board may adopt bylaws consistent 
     with the purposes of this section, and may undertake other 
     acts necessary to carry out the provisions of this section.
       Sec. 209. (a) Notwithstanding the provisions of the Public 
     Works and Economic Development Act as amended (42 U.S.C. 
     3121, et seq.) or any other provision of law, the Economic 
     Development Administration shall approve the sale, transfer, 
     or conveyance, without compensation to the agency, of any 
     land on the former Charleston Naval Base, located north of 
     Viaduct Road which was improved by EDA project numbers 04-49-
     04196, 04-49-04280, 04-49-04462, and 04-49-04461 and funds 
     obligated but not yet disbursed in connection with EDA 
     project number 04-49-04347 shall remain available until 
     expended and, as of September 30, 2003, shall be exempt from 
     the application of section 1552 of title 31, United States 
     Code.
       (b) Notwithstanding any other provision of law, the 
     Secretary of Commerce shall approve, without compensation to 
     the Agency, a lease to be entered into by the city of 
     Florence, Alabama, and Alabama Real Estate Holdings, Inc., 
     containing such terms and conditions as the city of Florence 
     determines appropriate, for use of the parcel of land 
     (including improvements thereon) located in Florence, 
     Alabama, that was improved using assistance from the Economic 
     Development Administration under EDA project number 04-01-
     03963.
       Sec. 210. (a) The Secretary of Commerce is authorized to 
     operate a marine laboratory in South Carolina in accordance 
     with a memorandum of agreement, including any future 
     amendments, among the National Oceanic and Atmospheric 
     Administration, the National Institute of Standards and 
     Technology, the State of South Carolina, the Medical 
     University of South Carolina, and the College of Charleston 
     as a partnership for collaborative, interdisciplinary marine 
     scientific research.
       (b) To carry out subsection (a), the agencies that are 
     partners in the Laboratory may accept, apply for, use, and 
     spend Federal, State, private and grant funds as necessary to 
     further the mission of the Laboratory without regard to the 
     source or of the period of availability of these funds and 
     may apply for and hold patents, as well as share personnel, 
     facilities, and property. Any funds collected or accepted by 
     any partner may be used to offset all or portions of its 
     costs, including overhead, without regard to 31 U.S.C. 
     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

[[Page 31360]]

     entities, domestic and foreign, to further the mission of the 
     Laboratory. Any funds collected from such fees or 
     arrangements shall be used to support cooperative research, 
     basic operations, and facilities enhancement at the 
     Laboratory.
       Sec. 211. Extension of Guarantee Authority. (a) In 
     General.--Section 101(k) of the Emergency Steel Loan 
     Guarantee Act of 1999 (Public Law 106-51; 15 U.S.C. 1841 
     note) is amended by striking ``2003'' and inserting ``2005''.
       (b) Salaries and Expenses.--In addition to funds made 
     available under section 101(j) of Emergency Steel Loan 
     Guarantee Act of 1999 (15 U.S.C. 1841 note), up to $2,000,000 
     in funds made available under section 101(f) of such Act may 
     be used for salaries and administrative expenses to 
     administer the Emergency Steel Loan Guarantee Program.
       Sec. 212. In addition to amounts made available under the 
     heading ``Procurement, Acquisition and Construction, National 
     Oceanic and Atmospheric Administration'' $1,500,000 shall be 
     available for the Western Carolina University, $1,000,000 
     shall be available for the South Florida Museum, $140,000 
     shall be available for the French and Indian War Foundation, 
     $1,000,000 shall be available for the City of Chattanooga, 
     Tennessee, $1,000,000 shall be available for the University 
     of Mississippi, $1,000,000 shall be available for the City of 
     Charlotte, North Carolina, and $489,000 shall be available 
     for a public safety marine docking facility for Hampton, New 
     Hampshire.
       Sec. 213. In addition to amounts appropriated or otherwise 
     made available by this Act or any other Act, $500,000 shall 
     be provided until expended for the Federal Credit Reform Act 
     cost of a reduction loan under sections 1111 and 1112 of 
     title XI of the Merchant Marine Act, 1936 (46 U.S.C. App. 
     1279f, 1279g), not to exceed $50,000,000 in principal, that:
       (1) notwithstanding 46 U.S.C. App. 1279f(b), shall have a 
     term of not less than 30 years;
       (2) carries out a New England lobster fishing capacity 
     reduction program which may include fewer than all management 
     areas of the fishery;
       (3) permanently revokes all fishery licenses, fishery 
     permits, area and species endorsements, and any other fishery 
     privileges issued to a vessel or vessels (or to persons on 
     the basis of their operation or ownership of that vessel or 
     vessels) removed under the program; and
       (4) ensures that all vessels removed from the fishery under 
     the program are made permanently ineligible to participate in 
     any fishery worldwide, and that the owners of such vessels 
     will operate only under the United States flag or such 
     vessels shall be scrapped as a reduction vessel pursuant to 
     section 600.1011(c) of title 50, Code of Federal Regulations.
       Sec. 214. In addition to amounts appropriated or otherwise 
     made available by this Act or any other Act, $500,000 shall 
     be provided until expended for the Federal Credit Reform Act 
     cost of a reduction loan under sections 1111 and 1112 of 
     title XI of the Merchant Marine Act, 1936 (46 U.S.C. App. 
     1279f, 1279g), not to exceed $50,000,000 in principal, that:
       (1) notwithstanding 46 U.S.C. App. 1279f(b), shall have a 
     term of not less than 30 years;
       (2) carries out a Bering Sea and Aleutian Islands non-
     pollock groundfish capacity reduction program which may 
     include fewer than all management areas of the fishery;
       (3) permanently revokes all fishery licenses, fishery 
     permits, area and species endorsements, and any other fishery 
     privileges issued to a vessel or vessels (or to persons on 
     the basis of their operation or ownership of that vessel or 
     vessels) removed under the program; and
       (4) ensures that all vessels removed from the fishery under 
     the program are made permanently ineligible to participate in 
     any fishery worldwide, and that the owners of such vessels 
     will operate only under the United States flag or such 
     vessels shall be scrapped as a reduction vessel pursuant to 
     section 600.1011(c) of title 50, Code of Federal Regulations.
       Sec. 215. Of the unobligated balances available to the 
     Department of Commerce from prior year appropriations with 
     the exception of funds provided for coral reef activities, 
     fisheries enforcement, the Ocean Health Initiative, land 
     acquisition, and lab construction, $100,000,000 are 
     rescinded: Provided, That within 30 days after the date of 
     enactment of this section the Secretary of Commerce shall 
     submit to the Committees on Appropriations of the House of 
     Representatives and the Senate a report specifying the amount 
     of each rescission made pursuant to this section.
       This title may be cited as the ``Department of Commerce and 
     Related Agencies Appropriations Act, 2004''.

                        TITLE III--THE JUDICIARY

                   Supreme Court of the United States


                         Salaries and Expenses

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


                    Care of the Building and Grounds

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

         United States Court of Appeals for the Federal Circuit


                         Salaries and Expenses

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

               United States Court of International Trade


                         Salaries and Expenses

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

    Courts of Appeals, District Courts, and Other Judicial Services


                         Salaries and Expenses

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


                           Defender Services

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


                    Fees of Jurors and Commissioners

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


                             Court Security

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

           Administrative Office of the United States Courts


                         Salaries and Expenses

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

                        Federal Judicial Center


                         Salaries and Expenses

       For necessary expenses of the Federal Judicial Center, as 
     authorized by Public Law 90-219,

[[Page 31361]]

     $21,440,000; of which $1,800,000 shall remain available 
     through September 30, 2005, to provide education and training 
     to Federal court personnel; and of which not to exceed $1,000 
     is authorized for official reception and representation 
     expenses.

                       Judicial Retirement Funds


                    Payment to Judiciary Trust Funds

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

                  United States Sentencing Commission


                         Salaries and Expenses

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

                   General Provisions--The Judiciary

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

            TITLE IV--DEPARTMENT OF STATE AND RELATED AGENCY

                          DEPARTMENT OF STATE

                   Administration of Foreign Affairs


                    Diplomatic and Consular Programs

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


                        capital investment fund

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


                      Office of Inspector General

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


               Educational and Cultural Exchange Programs

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


                       Representation Allowances

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


              Protection of Foreign Missions and Officials

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


            Embassy Security, Construction, and Maintenance

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


           emergencies in the diplomatic and consular service

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


                   Repatriation Loans Program Account

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


              Payment to the American Institute in Taiwan

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


     Payment to the Foreign Service Retirement and Disability Fund

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

                      International Organizations


              contributions to international organizations

       For expenses, not otherwise provided for, necessary to meet 
     annual obligations of membership in international 
     multilateral organizations, pursuant to treaties ratified 
     pursuant to the advice and consent of the Senate, conventions 
     or specific Acts of Congress, $1,010,463,000: Provided, That 
     the Secretary of State shall transmit to the Committees on 
     Appropriations of the Senate and of the House of 
     Representatives the most recent biennial budget prepared by 
     the United Nations for the operations of the United Nations: 
     Provided further, That the Secretary of State shall notify 
     the Committees on Appropriations at least 15 days in advance 
     (or in an emergency, as far in advance as is practicable) of 
     any United Nations action to increase funding for any United 
     Nations program without identifying an offsetting decrease 
     elsewhere in the United Nations budget and cause the United 
     Nations to exceed the adopted budget for the biennium 2002-
     2003 of $2,891,000,000: Provided further, That any

[[Page 31362]]

     payment of arrearages under this title shall be directed 
     toward special activities that are mutually agreed upon by 
     the United States and the respective international 
     organization: Provided further, That none of the funds 
     appropriated in this paragraph shall be available for a 
     United States contribution to an international organization 
     for the United States share of interest costs made known to 
     the United States Government by such organization for loans 
     incurred on or after October 1, 1984, through external 
     borrowings: Provided further, That funds appropriated under 
     this paragraph may be obligated and expended to pay the full 
     United States assessment to the civil budget of the North 
     Atlantic Treaty Organization.


        contributions for international peacekeeping activities

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

                       International Commissions

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

 international boundary and water commission, united states and mexico

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

                         salaries and expenses

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


                              Construction

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


              American Sections, International Commissions

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


                  International Fisheries Commissions

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

                                 Other

                     payment to the asia foundation

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


  international center for middle eastern-western dialogue trust fund

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


        international center for middle eastern-western dialogue

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


                 Eisenhower Exchange Fellowship Program

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

                    israeli arab scholarship program

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


                            East-West Center

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


                    national endowment for democracy

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

                             RELATED AGENCY

                    Broadcasting Board of Governors

                 international broadcasting operations

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


                   broadcasting capital improvements

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

       General Provisions--Department of State and Related Agency

       Sec. 401. Funds appropriated under this title shall be 
     available, except as otherwise provided, for allowances and 
     differentials as authorized by subchapter 59 of title 5, 
     United States Code; for services as authorized by 5 U.S.C. 
     3109; and for hire of passenger transportation pursuant to 31 
     U.S.C. 1343(b).
       Sec. 402. Not to exceed 5 percent of any appropriation made 
     available for the current fiscal year for the Department of 
     State in this Act may be transferred between such 
     appropriations, but no such appropriation, except as 
     otherwise specifically provided, shall be increased by more 
     than 10 percent by any such transfers: Provided, That not to 
     exceed 5 percent of any appropriation made available for the 
     current fiscal year for the Broadcasting Board of Governors 
     in this Act may be transferred between such appropriations, 
     but no such appropriation, except as otherwise specifically 
     provided, shall be increased by more than 10 percent by any 
     such transfers: Provided further, That any transfer pursuant 
     to this section shall be treated as a reprogramming of funds 
     under section 605 of this Act and shall not be available for 
     obligation or expenditure except in compliance with the 
     procedures set forth in that section.
       Sec. 403. None of the funds made available in this Act may 
     be used by the Department of State

[[Page 31363]]

     or the Broadcasting Board of Governors to provide equipment, 
     technical support, consulting services, or any other form of 
     assistance to the Palestinian Broadcasting Corporation.
       Sec. 404. For the purposes of registration of birth, 
     certification of nationality, or issuance of a passport of a 
     United States citizen born in the city of Jerusalem, the 
     Secretary of State shall, upon request of the citizen, record 
     the place of birth as Israel.
       Sec. 405. Section 2502 of the Emergency Wartime 
     Supplemental Appropriations Act, 2003 (Public Law 108-11) is 
     repealed.
       Sec. 406. An application for a visa shall be denied without 
     prejudice under section 221(g) of the Immigration and 
     Nationality Act (8 U.S.C. 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. 407. Funds appropriated by this Act for the 
     Broadcasting Board of Governors and the Department of State 
     may be obligated and expended notwithstanding section 15 of 
     the State Department Basic Authorities Act of 1956, section 
     313 of the Foreign Relations Authorization Act, Fiscal Years 
     1994 and 1995 (Public Law 103-236), and section 504(a)(1) of 
     the National Security Act of 1947 (50 U.S.C. 414(a)(1)).
       Sec. 408. (a) The Senior Policy Operating Group on 
     Trafficking in Persons, established under section 406 of 
     division B of Public Law 108-7 to coordinate agency 
     activities regarding policies (including grants and grant 
     policies) involving the international trafficking in persons, 
     shall coordinate all such policies related to the activities 
     of traffickers and victims of severe forms of trafficking.
       (b) None of the funds provided in this or any other Act 
     shall be expended to perform functions that duplicate 
     coordinating responsibilities of the Operating Group.
       (c) The Operating Group shall continue to report only to 
     the authorities that appointed them pursuant to section 406 
     of division B of Public Law 108-7.
       Sec. 409. The Secretary of State shall provide to a member 
     of the Committee on Appropriations of the Senate or the 
     Committee on Appropriations of the House of Representatives a 
     copy of each cable sent to or by a Department of State 
     employee that pertains to any topic specified by the 
     requesting member, regardless of the level of classification 
     of the cable, not later than 15 days after the date on which 
     the member makes a written or verbal request for such copies.
       This title may be cited as the ``Department of State and 
     Related Agency Appropriations Act, 2004''.

                       TITLE V--RELATED AGENCIES

                   Antitrust Modernization Commission


                         salaries and expenses

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

      Commission for the Preservation of America's Heritage Abroad


                         salaries and expenses

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

                       Commission on Civil Rights


                         Salaries and Expenses

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

             Commission on International Religious Freedom


                         Salaries and Expenses

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

            Commission on Security and Cooperation in Europe


                         salaries and expenses

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

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


                         salaries and expenses

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

                Equal Employment Opportunity Commission


                         Salaries and Expenses

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

                   Federal Communications Commission


                         Salaries and Expenses

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

                        Federal Trade Commission


                         salaries and expenses

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

                            HELP Commission


                         salaries and expenses

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

                       Legal Services Corporation


               payment to the legal services corporation

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


          Administrative Provision--Legal Services Corporation

       None of the funds appropriated in this Act to the Legal 
     Services Corporation shall be expended for any purpose 
     prohibited or limited by, or contrary to any of the 
     provisions of, sections

[[Page 31364]]

     501, 502, 503, 504, 505, and 506 of Public Law 105-119, and 
     all funds appropriated in this Act to the Legal Services 
     Corporation shall be subject to the same terms and conditions 
     set forth in such sections, except that all references in 
     sections 502 and 503 to 1997 and 1998 shall be deemed to 
     refer instead to 2003 and 2004, respectively, and except that 
     section 501(a)(1) of Public Law 104-134 (110 Stat. 1321-51, 
     et seq.) shall not apply to the use of the $2,500,000 to 
     address loss of funding due to Census-based reallocations.

                        Marine Mammal Commission


                         salaries and expenses

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

           National Veterans Business Development Corporation

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

                   Securities and Exchange Commission


                         salaries and expenses

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

                     Small Business Administration


                         Salaries and Expenses

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


                      Office of Inspector General

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


                     Business Loans Program Account

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


                     Disaster Loans Program Account

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


        Administrative Provision--Small Business Administration

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

                        State Justice Institute


                         Salaries and Expenses

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

      United States-China Economic and Security Review Commission


                         Salaries and Expenses

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

                      TITLE VI--GENERAL PROVISIONS


                        (including rescissions)

       Sec. 601. No part of any appropriation contained in this 
     Act shall be used for publicity or propaganda purposes not 
     authorized by the Congress.
       Sec. 602. No part of any appropriation contained in this 
     Act shall remain available for obligation beyond the current 
     fiscal year unless expressly so provided herein.
       Sec. 603. The expenditure of any appropriation under this 
     Act for any consulting service through procurement contract, 
     pursuant to 5 U.S.C. 3109, shall be limited to those 
     contracts where such expenditures are a matter of public 
     record and available for public inspection, except where 
     otherwise provided under existing law, or under existing 
     Executive order issued pursuant to existing law.
       Sec. 604. If any provision of this Act or the application 
     of such provision to any person or circumstances shall be 
     held invalid, the remainder of the Act and the application of 
     each provision to persons or circumstances other than those 
     as to which it is held invalid shall not be affected thereby.
       Sec. 605. (a) None of the funds provided under this Act, or 
     provided under previous appropriations Acts to the agencies 
     funded by this Act that remain available for obligation or 
     expenditure in fiscal year 2004, or provided from any 
     accounts in the Treasury of the United States derived by the 
     collection of fees available to the agencies funded by this 
     Act, shall be available for obligation or expenditure through 
     a reprogramming of funds that: (1) creates new programs; (2) 
     eliminates a program, project, or activity; (3) increases 
     funds or personnel by any means for any project or activity 
     for which funds have been denied or restricted; (4) relocates 
     an office or employees; (5) reorganizes or renames offices; 
     (6) reorganizes programs or activities; or (7) contracts out 
     or privatizes any functions or activities presently performed 
     by Federal employees; unless the Appropriations Committees of 
     both Houses of Congress are notified 15 days in advance of 
     such reprogramming of funds.
       (b) None of the funds provided under this Act, or provided 
     under previous appropriations Acts to the agencies funded by 
     this Act that remain available for obligation or expenditure 
     in fiscal year 2004, or provided from any accounts in the 
     Treasury of the United States derived by the collection of 
     fees available to the agencies funded by this Act, shall be 
     available for obligation or expenditure for activities, 
     programs, or projects through a reprogramming of funds in 
     excess of $500,000 or 10 percent, whichever is less, that: 
     (1) augments existing programs, projects (including 
     construction projects), or activities; (2) reduces by 10 
     percent funding for

[[Page 31365]]

     any existing program, project, or activity, or numbers of 
     personnel by 10 percent as approved by Congress; or (3) 
     results from any general savings from a reduction in 
     personnel which would result in a change in existing 
     programs, activities, or projects as approved by Congress; 
     unless the Appropriations Committees of both Houses of 
     Congress are notified 15 days in advance of such 
     reprogramming of funds.
       Sec. 606. None of the funds made available in this Act may 
     be used for the construction, repair (other than emergency 
     repair), overhaul, conversion, or modernization of vessels 
     for the National Oceanic and Atmospheric Administration in 
     shipyards located outside of the United States.
       Sec. 607. If it has been finally determined by a court or 
     Federal agency that any person intentionally affixed a label 
     bearing a ``Made in America'' inscription, or any inscription 
     with the same meaning, to any product sold in or shipped to 
     the United States that is not made in the United States, the 
     person shall be ineligible to receive any contract or 
     subcontract made with funds made available in this Act, 
     pursuant to the debarment, suspension, and ineligibility 
     procedures described in sections 9.400 through 9.409 of title 
     48, Code of Federal Regulations.
       Sec. 608. None of the funds made available in this Act may 
     be used to implement, administer, or enforce any guidelines 
     of the Equal Employment Opportunity Commission covering 
     harassment based on religion, when it is made known to the 
     Federal entity or official to which such funds are made 
     available that such guidelines do not differ in any respect 
     from the proposed guidelines published by the Commission on 
     October 1, 1993 (58 Fed. Reg. 51266).
       Sec. 609. None of the funds appropriated or otherwise made 
     available by this Act or any other Act may be used to 
     implement, enforce, or otherwise abide by the Memorandum of 
     Agreement signed by the Federal Trade Commission and the 
     Antitrust Division of the Department of Justice on March 5, 
     2002.
       Sec. 610. None of the funds made available by this Act may 
     be used for any United Nations undertaking when it is made 
     known to the Federal official having authority to obligate or 
     expend such funds that: (1) the United Nations undertaking is 
     a peacekeeping mission; (2) such undertaking will involve 
     United States Armed Forces under the command or operational 
     control of a foreign national; and (3) the President's 
     military advisors have not submitted to the President a 
     recommendation that such involvement is in the national 
     security interests of the United States and the President has 
     not submitted to the Congress such a recommendation.
       Sec. 611. The Departments of Commerce, Justice, and State, 
     the Judiciary and the Small Business Administration shall 
     provide to the Committees on Appropriations of the Senate and 
     of the House of Representatives a quarterly accounting of the 
     cumulative balances of any unobligated funds that were 
     received by such agency during any previous fiscal year.
       Sec. 612. (a) None of the funds appropriated or otherwise 
     made available by this Act shall be expended for any purpose 
     for which appropriations are prohibited by section 609 of the 
     Departments of Commerce, Justice, and State, the Judiciary, 
     and Related Agencies Appropriations Act, 1999.
       (b) The requirements in subparagraphs (A) and (B) of 
     section 609 of that Act shall continue to apply during fiscal 
     year 2004.
       Sec. 613. Any costs incurred by a department or agency 
     funded under this Act resulting from personnel actions taken 
     in response to funding reductions included in this Act shall 
     be absorbed within the total budgetary resources available to 
     such department or agency: Provided, That the authority to 
     transfer funds between appropriations accounts as may be 
     necessary to carry out this section is provided in addition 
     to authorities included elsewhere in this Act: Provided 
     further, That use of funds to carry out this section shall be 
     treated as a reprogramming of funds under section 605 of this 
     Act and shall not be available for obligation or expenditure 
     except in compliance with the procedures set forth in that 
     section.
       Sec. 614. Of the funds appropriated in this Act under the 
     heading ``Office of Justice Programs--State and Local Law 
     Enforcement Assistance'', not more than 90 percent of the 
     amount to be awarded to an entity under the Local Law 
     Enforcement Block Grant shall be made available to such an 
     entity when it is made known to the Federal official having 
     authority to obligate or expend such funds that the entity 
     that employs a public safety officer (as such term is defined 
     in section 1204 of title I of the Omnibus Crime Control and 
     Safe Streets Act of 1968) does not provide such a public 
     safety officer who retires or is separated from service due 
     to injury suffered as the direct and proximate result of a 
     personal injury sustained in the line of duty while 
     responding to an emergency situation or a hot pursuit (as 
     such terms are defined by State law) with the same or better 
     level of health insurance benefits at the time of retirement 
     or separation as they received while on duty.
       Sec. 615. None of the funds provided by this Act shall be 
     available to promote the sale or export of tobacco or tobacco 
     products, or to seek the reduction or removal by any foreign 
     country of restrictions on the marketing of tobacco or 
     tobacco products, except for restrictions which are not 
     applied equally to all tobacco or tobacco products of the 
     same type.
       Sec. 616. (a) None of the funds appropriated or otherwise 
     made available by this Act shall be expended for any purpose 
     for which appropriations are prohibited by section 616 of the 
     Departments of Commerce, Justice, and State, the Judiciary, 
     and Related Agencies Appropriations Act, 1999.
       (b) The requirements in subsections (b) and (c) of section 
     616 of that Act shall continue to apply during fiscal year 
     2004.
       Sec. 617. (a) None of the funds appropriated pursuant to 
     this Act or any other provision of law may be used for--
       (1) the implementation of any tax or fee in connection with 
     the implementation of subsection 922(t) of title 18, United 
     States Code; and
       (2) any system to implement subsection 922(t) of title 18, 
     United States Code, that does not require and result in the 
     destruction of any identifying information submitted by or on 
     behalf of any person who has been determined not to be 
     prohibited from possessing or receiving a firearm no more 
     than 24 hours after the system advises a Federal firearms 
     licensee that possession or receipt of a firearm by the 
     prospective transferee would not violate subsection (g) or 
     (n) of section 922 of title 18, United States Code, or State 
     law.
       (b) Subsection (a)(2) shall take effect not later than 180 
     days after enactment of this Act.
       Sec. 618. Notwithstanding any other provision of law, 
     amounts deposited or available in the Fund established under 
     42 U.S.C. 10601 in any fiscal year in excess of $625,000,000 
     shall not be available for obligation until the following 
     fiscal year.
       Sec. 619. None of the funds made available to the 
     Department of Justice in this Act may be used to discriminate 
     against or denigrate the religious or moral beliefs of 
     students who participate in programs for which financial 
     assistance is provided from those funds, or of the parents or 
     legal guardians of such students.
       Sec. 620. None of the funds appropriated or otherwise made 
     available to the Department of State shall be available for 
     the purpose of granting either immigrant or nonimmigrant 
     visas, or both, consistent with the determination of the 
     Secretary of State under section 243(d) of the Immigration 
     and Nationality Act, to citizens, subjects, nationals, or 
     residents of countries that the Secretary of Homeland 
     Security has determined deny or unreasonably delay accepting 
     the return of citizens, subjects, nationals, or residents 
     under that section.
       Sec. 621. For additional amounts under the heading ``Small 
     Business Administration, Salaries and Expenses'', $1,592,000 
     shall be available for the Advanced and Applied Polymer 
     Processing Institute; $500,000 shall be available for 
     Northeast South Dakota Tech-Based Skills Development; 
     $750,000 shall be available for the Southern Methodist 
     University Law School Rule of Law; $1,000,000 shall be 
     available for the Accelerated Entrepreneur ``AcE'' Program; 
     $500,000 shall be available for the National Mass Fatalities 
     Institute; $1,000,000 shall be available for the Textile 
     Tracers Program; $500,000 shall be available for the Maryland 
     Technology-Based Rural Business Incubation Initiative; 
     $1,000,000 shall be available for the Northeast Indiana 
     Innovation Center; $750,000 shall be available for the Lewis 
     and Clark Bicentennial Bi-State Safety Project; $1,000,000 
     shall be available for the Greenville Automotive Research 
     Park; $1,000,000 shall be available for the Indiana 
     University Kokomo Business Incubator; $1,593,000 shall be 
     available for the Tuck School of Business for its partnership 
     with the Minority Business Development Administration; 
     $500,000 shall be available for Project Restore; $325,000 
     shall be available for the School of the Building Arts Trade 
     Program; $500,000 shall be available for the South Carolina 
     Export Consortium; $500,000 shall be available for the 
     Freewoods Farm Living Farm Museum in Horry County, South 
     Carolina; $1,590,000 shall be available for the Alaska 
     InvestNet/Technology Venture Center and Tech Ranch in 
     Montana; $1,000,000 shall be available for Youth and Family 
     with Promises; $500,000 shall be available for the Wisconsin 
     Procurement Institute; $1,000,000 shall be available for the 
     Next Generation Economy Initiative; $1,000,000 shall be 
     available for the Westside Intercept Project; $250,000 shall 
     be available for the International Trade Data Network; 
     $1,000,000 shall be available for the University of Missouri-
     St. Louis Information Technology Incubator Project; $750,000 
     shall be available for the Idaho Virtual Incubator/Lewis-
     Clark State College; $850,000 shall be available for the UNI 
     Student Business Incubator; $1,500,000 shall be available for 
     the promotion and operation of the grant to the Adelante 
     Development Center, Inc., in Albuquerque, New Mexico; 
     $250,000 shall be available for the Mississippi Delta 
     Technology Council; $2,250,000 shall be available for a grant 
     to the Virginia Community College System (VCCS) for 
     improvement of distance learning programs; $175,000 shall be 
     available for a grant to the Loudoun Convention and Visitors 
     Association in Virginia; $100,000 shall be available for a 
     grant to The Cedar Creek Battlefield Foundation; $100,000 
     shall be available for a grant to Belle Grove Plantation; 
     $750,000 shall be available for a grant to Shenandoah 
     University to develop a historical and tourism development 
     facility; $1,000,000 shall be available for a grant to the 
     Northern Virginia Technology Council for a technology 
     entrepreneurship development and resource center; $100,000 
     shall be available for a grant to the Washington Airports 
     Task Force to promote small business growth of passenger, 
     cargo and other aviation services; $100,000 shall be 
     available for a grant to Team Northeast Ohio; $500,000 shall 
     be available for a grant to Wilberforce University for a 
     technology initiative; $250,000 shall be available for a 
     grant for

[[Page 31366]]

     REI Rural Business Resources Center in Seminole, Oklahoma; 
     $1,100,000 shall be available for a grant to Iowa State 
     University for the development of a research park biologics 
     facility; $200,000 shall be available for a grant to the 
     Clarion County Economic Development Corporation; $200,000 
     shall be available for a grant to the Venango Economic 
     Development Corporation; $900,000 shall be available for a 
     grant to the Illinois Institute of Technology to examine and 
     assess advancements in biotechnologies; $1,000,000 shall be 
     available for the Illinois Coalition for technology 
     development assistance activities; $200,000 shall be 
     available for a grant for the Port of Benton for the planning 
     of a science and technology park in Richland, Washington; 
     $1,500,000 shall be available for a grant to Rockford Area 
     Ventures, Rockford, Illinois, to establish a small 
     manufacturing business incubator and technology research and 
     development center; $100,000 shall be available for a grant 
     to Western Kentucky University for a business incubator; 
     $200,000 shall be available for a grant for the Chicago Field 
     Museum for a collections resource center; $100,000 shall be 
     available for a grant for the Purdue University School of 
     Pharmacy for the development of a national center for 
     pharmaceutical technology; $100,000 shall be available for a 
     grant to the Cedarbridge Development Urban Renewal 
     Corporation for facilities development; $100,000 shall be 
     available for a grant for Concourse Village in the Bronx, New 
     York; $500,000 shall be available for a grant to Pro Co 
     Technology Computer Training Center in the Bronx, New York, 
     for a computer learning center; $200,000 shall be available 
     for a grant for the Promesa Foundation in South Bronx, New 
     York, to provide community growth funding; $560,000 shall be 
     available for a grant to Bronx Shepherds for a community 
     resource center; $200,000 shall be available for a grant to 
     HOGAR, Inc. in the Bronx, New York; $100,000 shall be 
     available for a grant to the Alliance for Community Services 
     for economic development in the Bronx, New York; $300,000 
     shall be available for a grant to Promesa Enterprises to 
     provide services and support to community based organizations 
     in the Bronx, New York; $300,000 shall be available for a 
     grant to Bronx Overall Economic Development Corporation for 
     technical assistance opportunities for businesses; $250,000 
     shall be available for a grant to St. Mary's College for a 
     telecommunications initiative; $1,200,000 shall be available 
     for a grant to the MountainMade Foundation to fulfill its 
     charter purposes and to continue the initiative developed by 
     the NTTC for outreach and promotion, business and sites 
     development, the education of artists and craftspeople, and 
     to promote small businesses, artisans and their products 
     through market development, advertisement, commercial sale 
     and other promotional means; $1,000,000 shall be available 
     for the Providence, Rhode Island Center for Women and 
     Enterprise for infrastructure development; $1,200,000 shall 
     be available for a grant for Northwest Shoals Community 
     College to establish a Center for Business and Industry; 
     $950,000 shall be available for a grant to the Family and 
     Children's Service in Minneapolis, Minnesota for community 
     support and development programs; $1,000,000 shall be 
     available for a grant to the Wisconsin Procurement Institute 
     to develop an electronic based system to provide access and 
     opportunity to Federal funding; $200,000 shall be for a grant 
     to the National Association of Development Organizations 
     Research Foundation to provide training and education 
     assistance to small business development finance 
     professionals; $750,000 shall be for a grant to the North 
     Carolina Rural Economic Development Center for expenses and 
     activities in support of the Capital Access Program; $500,000 
     shall be for a grant for the Women's Initiative for Self 
     Employment in San Francisco, California; $400,000 shall be 
     for a grant to Johnstown Area Regional Industries in 
     Pennsylvania for workforce development training programs and 
     Small Business Technology Centers; $400,000 shall be for a 
     grant to Seton Hill University for expenses in support of the 
     Virtual Entrepreneurial Center; $200,000 shall be for a grant 
     to the Economic Growth Connection Paperless Procurement 
     Program; $200,000 shall be for a grant for the Ridgewood 
     Myrtle Avenue Business Improvement District to conduct a 
     redevelopment study; $400,000 shall be for a grant to 
     Progress, Inc. to establish a Community Technology Center; 
     $150,000 shall be for a grant for UPROSE for the ``Sunset 
     Youth Industries'' project; $415,000 shall be available for a 
     grant to the Southern and Eastern Kentucky Tourism 
     Development Association for continuation of a regional 
     tourism promotion initiative; and $300,000 shall be for the 
     Arthur Avenue Retail Market in the Bronx, New York, for 
     facility, improvement, and maintenance needs to meet the 
     Market's business requirements: Provided, That Section 625 of 
     Title I of Division B of Public Law 108-7 is amended with 
     respect to a grant of: (1) $450,000 to the Bronx Council on 
     the Arts by deleting the words ``help promote stabilization 
     of small arts organizations'' and inserting the words 
     ``provide financial assistance to small arts organizations to 
     help promote stabilization'' in its place; and (2) $500,000 
     to the City of Merrill, Wisconsin by deleting all of the 
     language following Wisconsin and replacing it with ``for the 
     capitalization of a business development fund.''.
       Sec. 622. None of the funds made available to the 
     Department of Justice in this Act may be used for the purpose 
     of transporting an individual who is a prisoner pursuant to 
     conviction for crime under State or Federal law and is 
     classified as a maximum or high security prisoner, other than 
     to a prison or other facility certified by the Federal Bureau 
     of Prisons as appropriately secure for housing such a 
     prisoner.
       Sec. 623. (a) None of the funds appropriated by this Act 
     may be used by Federal prisons to purchase cable television 
     services, to rent or purchase videocassettes, videocassette 
     recorders, or other audiovisual or electronic equipment used 
     primarily for recreational purposes.
       (b) The preceding sentence does not preclude the renting, 
     maintenance, or purchase of audiovisual or electronic 
     equipment for inmate training, religious, or educational 
     programs.
       Sec. 624. A Deputy Assistant Administrator for non-
     contiguous states and territories shall, through the Senior 
     Executive Service, administer Small Business Administration 
     programs in Alaska, Hawaii, and the territories, including 
     disaster loans to fishermen, programs benefitting Alaska 
     Native Corporations and Native Hawaiians, including but not 
     limited to Section 8(a) and Historically Underutilized 
     Business Zones, and all other programs serving Alaska Natives 
     and Native Hawaiians. All disaster loans issued in Alaska 
     shall be administered by the Small Business Administration 
     and shall not be sold during fiscal year 2004.
       Sec. 625. None of the funds made available in this Act may 
     be transferred to any department, agency, or instrumentality 
     of the United States Government, except pursuant to a 
     transfer made by, or transfer authority provided in, this Act 
     or any other appropriation Act.
       Sec. 626. The Secretary of Commerce shall negotiate or 
     reevaluate, with the consent of the President, international 
     agreements affecting international ocean policy.
       Sec. 627. The Departments of Commerce, Justice, State, the 
     Judiciary, and the Small Business Administration shall each 
     establish a policy under which eligible employees may 
     participate in telecommuting to the maximum extent possible 
     without diminished employee performance: Provided, That, not 
     later than six months after the date of the enactment of this 
     Act, each of the aforementioned entities shall provide that 
     the requirements of this section are applied to 100 percent 
     of the workforce: Provided further, That, of the funds 
     appropriated in this Act for the Departments of Commerce, 
     Justice, and State, the Judiciary, and the Small Business 
     Administration, $200,000 shall be available to each 
     Department or agency only to implement telecommuting 
     programs: Provided further, That, every six months, each 
     Department or agency shall provide a report to the Committees 
     on Appropriations on the status of telecommuting programs, 
     including the number of Federal employees eligible for, and 
     participating in, such programs, and uses of funds designated 
     under this section: Provided further, That each Department or 
     agency shall designate a ``Telework Coordinator'' to be 
     responsible for overseeing the implementation of 
     telecommuting programs and serve as a point of contact on 
     such programs for the Committees on Appropriations.
       Sec. 628. The paragraph under the heading ``Small Business 
     Administration--Disaster Loans Program Account'' in chapter 2 
     of division B of Public Law 107-117 is amended by inserting 
     ``or section 7(b) of the Small Business Act'' after 
     ``September 11, 2001''.
       Sec. 629. The Telecommunications Act of 1996 is amended as 
     follows--
       (1) in section 202(c)(1)(B) by striking ``35 percent'' and 
     inserting ``39 percent'';
       (2) in section 202(c) by adding the following new paragraph 
     at the end:
       ``(3) Divestiture.--A person or entity that exceeds the 39 
     percent national audience reach limitation for television 
     stations in paragraph (1)(B) through grant, transfer, or 
     assignment of an additional license for a commercial 
     television broadcast station shall have not more than 2 years 
     after exceeding such limitation to come into compliance with 
     such limitation. This divestiture requirement shall not apply 
     to persons or entities that exceed the 39 percent national 
     audience reach limitation through population growth.
       ``(4) Forbearance.--Section 10 of the Communications Act of 
     1934 (47 U.S.C. 160) shall not apply to any person or entity 
     that exceeds the 39 percent national audience reach 
     limitation for television stations in paragraph (1)(B);''; 
     and
       (3) in section 202(h) by striking ``biennially'' and 
     inserting ``quadrennially'' and by adding the following new 
     flush sentence at the end:

     ``This subsection does not apply to any rules relating to the 
     39 percent national audience reach limitation in subsection 
     (c)(1)(B).''.
       Sec. 630. (a) Tracing studies conducted by the Bureau of 
     Alcohol, Tobacco, Firearms, and Explosives are released 
     without adequate disclaimers regarding the limitations of the 
     data.
       (b) The Bureau of Alcohol, Tobacco, Firearms, and 
     Explosives shall include in all such data releases, language 
     similar to the following that would make clear that trace 
     data cannot be used to draw broad conclusions about firearms-
     related crime:
       (1) Firearm traces are designed to assist law enforcement 
     authorities in conducting investigations by tracking the sale 
     and possession of specific firearms. Law enforcement agencies 
     may request firearms traces for any reason, and those reasons 
     are not necessarily reported to the Federal Government. Not 
     all firearms used in crime are traced and not all firearms 
     traced are used in crime.
       (2) Firearms selected for tracing are not chosen for 
     purposes of determining which types, makes or models of 
     firearms are used for illicit purposes. The firearms selected 
     do not constitute a random sample and should not be 
     considered

[[Page 31367]]

     representative of the larger universe of all firearms used by 
     criminals, or any subset of that universe. Firearms are 
     normally traced to the first retail seller, and sources 
     reported for firearms traced do not necessarily represent the 
     sources or methods by which firearms in general are acquired 
     for use in crime.
       Sec. 631. Section 503(f) of the Small Business Investment 
     Act of 1958 (15 U.S.C. 697(f)) shall be amended by 
     substituting ``March 15, 2004'' for the last date that 
     appears in the subsection.
       Sec. 632. In addition to amounts otherwise appropriated in 
     this Act, the unobligated balances previously made available 
     by section 507(g) of Public Law 105-135 shall be available 
     until expended for the cost of general business loans under 
     section 7(a) of the Small Business Act.
       Sec. 633. (a) There is established in the Treasury of the 
     United States a trust fund to be known as the International 
     Center for Middle Eastern-Western Dialogue Trust Fund. The 
     income from the fund shall be used for operations of the 
     International Center for Middle Eastern-Western Dialogue to 
     promote dialogue and scholarship in the Middle East. The fund 
     may accept contributions and gifts from public and private 
     sources.
       (b) It shall be the duty of the Secretary of the Treasury 
     to invest in full amounts made available to the fund. Such 
     investments may be made only in interest-bearing obligations 
     of the United States or in obligations guaranteed as to both 
     principal and interest by the United States. The interest on, 
     and the proceeds from the sale or redemption of, any 
     obligations held in the fund shall be credited to and form a 
     part of the fund and shall remain available without fiscal 
     year limitation.
       (c) For each fiscal year, there is authorized to be 
     appropriated from the fund for the operations of the 
     International Center for Middle Eastern-Western Dialogue the 
     total amount of the interest and earnings credited to the 
     fund under subsection (b).
       (d) There are authorized to be appropriated to the 
     International Center for Middle Eastern-Western Dialogue 
     Trust Fund, without fiscal year limitation, such sums as may 
     be necessary to carry out the provisions of this section and 
     to provide for the permanent endowment for the International 
     Center for Middle Eastern-Western Dialogue established under 
     this section.
       (e) The United States, through the Department of State, 
     shall retain ownership of the Palazzo Corpi building in 
     Istanbul, Turkey, and the Secretary of State shall be 
     responsible for maintaining the International Center for 
     Middle Eastern-Western Dialogue at such location.
       (f) Section 1321(a) of title 31, United States Code, is 
     amended by inserting after ``(58) Inmates' fund, workhouse 
     and reformatory, District of Columbia.'' the following new 
     paragraph:
       ``(59) International Center for Middle Eastern-Western 
     Dialogue Trust Fund.''.
       Sec. 634. None of the funds appropriated or otherwise made 
     available under this Act may be used to issue patents on 
     claims directed to or encompassing a human organism.
       Sec. 635. None of the funds made available in this Act may 
     be used to pay expenses for any United States delegation to 
     the United Nations Human Rights Commission if such commission 
     is chaired or presided over by a country, the government of 
     which the Secretary of State has determined, for purposes of 
     section 6(j)(1) of the Export Administration Act of 1979 (50 
     U.S.C. App. 2405(j)(1)), has repeatedly provided support for 
     acts of international terrorism.
       Sec. 636. None of the funds made available in this Act may 
     be used in violation of section 212(a)(10)(C) of the 
     Immigration and Nationality Act.
       Sec. 637. (a) This section may be cited as the ``HELP 
     Commission Act''.
       (b)(1) The Congress finds that, despite the long-standing 
     efforts and resources of the United States dedicated to 
     helping needy people around the world, despair remains and in 
     many areas is growing.
       (2) Therefore, a commission should be established to bring 
     together the best minds associated with development and 
     humanitarian assistance to make a comprehensive review of--
       (A) policy decisions, including why certain development 
     projects are funded and others are not, successes, and best 
     practices, including their applicability to other existing 
     programs and projects;
       (B) delivery obstacles, including the roles of United 
     States agencies and other governmental and nongovernmental 
     organizations;
       (C) methodology, including whether the delivery of United 
     States development assistance always represents best 
     practices and whether it can be improved; and
       (D) results, including measuring improvements in human 
     capacity instead of in purely economic terms.
       (3) An examination of these issues should present new 
     approaches and ideas to ensure that United States development 
     assistance reaches and benefits its intended recipients.
       (c)(1) There is established the Helping to Enhance the 
     Livelihood of People (HELP) Around the Globe Commission (in 
     this section referred to as the ``Commission'').
       (2) The Commission shall--
       (A) identify the past and present objectives of United 
     States development assistance, identify cases in which those 
     objectives have been met, identify the beneficiaries of such 
     assistance, and what percentage of the funds provided 
     actually reached the intended beneficiaries;
       (B) identify cases in which United States development 
     assistance has been most successful, and analyze how such 
     successes may be transferable to other countries or areas;
       (C) study ways to expand educational opportunities and 
     investments in people, and assess infrastructure needs;
       (D) analyze how the United States could place conditions on 
     governments in countries receiving United States development 
     assistance, in light of and notwithstanding the objectives of 
     the Millennium Challenge Account;
       (E) analyze ways in which the United States can coordinate 
     its development assistance programs with those of other donor 
     countries and international organizations;
       (F) analyze ways in which the safety of development 
     assistance workers can be ensured, particularly in the midst 
     of conflicts;
       (G) compare the effectiveness of increased and open trade 
     with development assistance, and analyze the advantages and 
     disadvantages of such trade and whether such trade could be a 
     more effective alternative to United States development 
     assistance;
       (H) analyze ways in which the United States can strengthen 
     the capacity of indigenous nongovernmental organizations to 
     be more effective in grassroots development;
       (I) analyze ways in which decisions on providing 
     development assistance can involve more of the people of the 
     recipient countries;
       (J) analyze ways in which results can be measured if United 
     States development assistance is targeted to the least 
     developed countries;
       (K) recommend standards that should be set for 
     ``graduating'' recipient countries from United States 
     development assistance;
       (L) analyze whether United States development assistance 
     should be used as a means to achieve United States foreign 
     policy objectives;
       (M) analyze how the United States can evaluate the 
     performance of its development assistance programs not only 
     against economic indicators, but in other ways, including how 
     to measure the success of United States development 
     assistance in democratization efforts; and evaluate the 
     existing foreign assistance framework to ascertain the degree 
     of coordination, or lack thereof, of the disparate foreign 
     development programs as administered by the various Federal 
     agencies, to identify and assess the redundancies of programs 
     and organizational structures engaged in foreign assistance, 
     and to recommend revisions to authorizing legislation for 
     foreign assistance that would seek to reconcile competing 
     foreign policy and foreign aid goals; and
       (N) study any other areas that the Commission considers 
     necessary relating to United States development assistance.
       (d)(1) The Commission shall be composed of 21 members as 
     follows:
       (A) Six members shall be appointed by the President, of 
     whom at least two shall be representatives of nongovernmental 
     organizations.
       (B) Four members shall be appointed by the majority leader 
     of the Senate, and three members shall be appointed by the 
     minority leader of the Senate.
       (C) Four members shall be appointed by the Speaker of the 
     House of Representatives, and three members shall be 
     appointed by the minority leader of the House of 
     Representatives.
       (D) The Administrator of the United States Agency for 
     International Development shall serve as a member of the 
     Commission, ex officio.
       (2) Members under subparagraphs (A) through (C) of 
     paragraph (1) shall be appointed for the life of the 
     Commission.
       (3) Members of the Commission shall be selected from among 
     individuals noted for their knowledge and experience in 
     foreign assistance, particularly development and humanitarian 
     assistance.
       (4) The appointments under paragraph (1) shall be made not 
     later than 60 days after the date of the enactment of this 
     section.
       (5) The President shall designate one of the members of the 
     Commission not currently in government service as the Chair 
     of the Commission.
       (6) In order to facilitate the workload of the Commission, 
     the Commission shall divide the membership of the Commission 
     into three subcommittees representing the different regions 
     of the world to which the United States provides development 
     assistance, the membership of each subcommittee to be 
     proportional to the percentage of United States development 
     assistance provided to the region represented by the 
     subcommittee. Each subcommittee shall elect one of its 
     members as Chair of the subcommittee.
       (7)(A) Eleven members of the Commission shall constitute a 
     quorum for purposes of transacting the business of the 
     Commission. The Commission shall meet at the call of the 
     Chair.
       (B) A majority of the members of each regional subcommittee 
     shall constitute a quorum for purposes of transacting the 
     business of the subcommittee. Each subcommittee shall meet at 
     the call of the Chair of the subcommittee.
       (8) Any vacancy of the Commission shall not affect its 
     powers, but shall be filled in the manner in which the 
     original appointment was made.
       (9) The Administrator of General Services shall provide to 
     the Commission on a reimbursable basis (or, in the discretion 
     of the Administrator, on a nonreimbursable basis) such 
     administrative support services as the Commission may request 
     to carry out this section.
       (10)(A) Subject to subparagraph (B), members of the 
     Commission shall serve without pay.
       (B) Members of the Commission who are full-time officers or 
     employees of the United States or Members of Congress may not 
     receive additional pay, allowances, or benefits by reason of 
     their service on the Commission.
       (11) Members of the Commission shall be allowed travel 
     expenses, including per diem in lieu

[[Page 31368]]

     of subsistence, at rates authorized for employees of agencies 
     under subchapter I of chapter 57 of title 5, United States 
     Code, while away from their homes or regular places of 
     business in the performance of services for the Commission.
       (12)(A) The Chairman of the Commission may, without regard 
     to the civil service laws and regulations, appoint and 
     terminate an executive director and such other additional 
     personnel as may be necessary to enable the Commission to 
     perform its duties. The employment of an executive director 
     shall be subject to confirmation by the Commission.
       (B) To the extent or in the amounts provided in advance in 
     appropriations Acts--
       (i) the executive director shall be compensated at the rate 
     payable for level V of the Executive Schedule under section 
     5316 of title 5, United States Code; and
       (ii) the Chairman of the Commission may fix the 
     compensation of other personnel without regard to the 
     provisions of chapter 51 and subchapter III of chapter 53 of 
     title 5, United States Code, relating to classification of 
     positions and General Schedule pay rates, except that the 
     rate of pay for such personnel may not exceed the rate 
     payable for level V of the Executive Schedule under section 
     5316 of such title.
       (e)(1) The Commission may, for the purpose of carrying out 
     its functions under this section, hold hearings, sit and act 
     at times and places in the United States and in countries 
     that receive United States development assistance, take 
     testimony, and receive evidence as the Commission considers 
     advisable to carry out the purposes of this section.
       (2) The Commission may secure directly from any Federal 
     department or agency such information as the Commission 
     considers necessary to carry out the provisions of this 
     section. Upon request of the Chair of the Commission, the 
     head of such department or agency shall furnish such 
     information to the Commission, subject to applicable law.
       (3) The Commission may use the United States mails in the 
     same manner and under the same conditions as other 
     departments and agencies of the Federal Government.
       (4) The Commission may adopt such rules and regulations, 
     relating to administrative procedure, as may be reasonably 
     necessary to enable it to carry out the provisions of this 
     section.
       (5) The Members of the Commission may, with the approval of 
     the Commission, conduct such travel as is necessary to carry 
     out the purposes of this section. Each trip must be approved 
     by a majority of the Commission.
       (6) Upon the request of the Commission, the head of any 
     Federal department or agency may detail, on a reimbursable or 
     nonreimbursable basis, any of the personnel of that 
     department or agency to the Commission to assist it in 
     carrying out its functions under this section. The detail of 
     any such personnel shall be without interruption or loss of 
     civil service or Foreign Service status or privilege.
       (f)(1) Not later than 2 years after the members of the 
     Commission are appointed under subsection (d)(1), the 
     Commission shall submit a report to the President, the 
     Secretary of State, the Committee on Appropriations and the 
     Committee on International Relations of the House of 
     Representatives, and the Committee on Appropriations and the 
     Committee on Foreign Relations of the Senate, setting forth 
     its findings and recommendations under section (c)(2).
       (2) The report may be submitted in classified form, 
     together with a public summary of recommendations, if the 
     classification of information would further the purposes of 
     this section.
       (3) Each member of the Commission may include the 
     individual or dissenting views of the member.
       (g) The Federal Advisory Committee Act (5 U.S.C. App.) 
     shall not apply to the Commission.
       (h) In this section, the term ``United States development 
     assistance'' means--
       (1) assistance provided by the United States under chapters 
     1, 10, 11, and 12 of part I of the Foreign Assistance Act of 
     1961; and
       (2) assistance provided under any other provision of law to 
     carry out purposes comparable to those set forth in the 
     provisions referred to in paragraph (1).
       (i)(1) There are authorized to be appropriated to the 
     Commission such sums as may be necessary to carry out this 
     section.
       (2) Amounts authorized to be appropriated under subsection 
     (a) are authorized to remain available until expended, but 
     not later than the date of termination of the Commission.
       (j) The Commission shall terminate 30 days after the 
     submission of its report under subsection (f).
       (k)(1) Not later than April 1, 2004, and April 1 of each 
     third year thereafter, the President shall transmit to the 
     Congress a report that analyzes, on a country-by-country 
     basis, the impact and effectiveness of United States economic 
     assistance furnished to each country during the preceding 
     three fiscal years. The report shall include the following 
     for each recipient country:
       (A) An analysis of the impact of United States economic 
     assistance during the preceding three fiscal years on 
     economic development in that country, with a discussion of 
     the United States interests that were served by the 
     assistance. The analysis shall be done on a sector-by-sector 
     basis to the extent possible and shall identify any economic 
     policy reforms that were promoted by the assistance. The 
     analysis shall--
       (i) include a description, quantified to the extent 
     practicable, of the specific objectives the United States 
     sought to achieve in providing economic assistance for that 
     country; and
       (ii) specify the extent to which those objectives were not 
     achieved, with an explanation of why they were not achieved.
       (B) A description of the amount and nature of economic 
     assistance provided by other donors during the preceding 
     three fiscal years, set forth by development sector to the 
     extent possible.
       (C) A discussion of the commitment of the host government 
     to addressing the country's needs in each development sector, 
     including a description of the resources devoted by that 
     government to each development sector during the preceding 
     three fiscal years.
       (D) A description of the trends, both favorable and 
     unfavorable, in each development sector.
       (E) Statistical and other information necessary to evaluate 
     the impact and effectiveness of United States economic 
     assistance on development in the country.
       (F) A comparison of the analysis provided in the report 
     with relevant analyses by international financial 
     institutions, other international organizations, other donor 
     countries, or nongovernmental organizations.
       (2) The report required by this section shall identify--
       (A) each country in which United States economic assistance 
     has been most successful, as indicated by the extent to which 
     the specific objectives the United States sought to achieve 
     in providing the assistance for the country, as referred to 
     in paragraph (1)(A)(i), were achieved; and
       (B) each country in which United States economic assistance 
     has been least successful, as indicated by the extent to 
     which the specific objectives the United States sought to 
     achieve in providing the assistance for the country, as 
     referred to in paragraph (1)(A)(i), were not achieved; and, 
     for each such country, an explanation of why the assistance 
     was not more successful and a specification of what the 
     United States has done as a result.
       (3) Information under paragraphs (1) and (2) for a fiscal 
     year shall not be required with respect to a country for 
     which United States economic assistance for the country for 
     the fiscal year is less than $5,000,000.
       (4) In this subsection, the term ``United States economic 
     assistance'' means any bilateral economic assistance, from 
     any budget functional category, that is provided by any 
     department or agency of the United States to a foreign 
     country, including such assistance that is intended--
       (A) to assist the development and economic advancement of 
     friendly foreign countries and peoples;
       (B) to promote the freedom, aspirations, or sustenance of 
     friendly peoples under oppressive rule by unfriendly 
     governments;
       (C) to promote international trade and foreign direct 
     investment as a means of aiding economic growth;
       (D) to save lives and alleviate suffering of foreign 
     peoples during or following wars, natural disasters, or 
     complex crisies;
       (E) to assist in recovery and rehabilitation of countries 
     or peoples following disaster or war;
       (F) to protect refugees and promote durable solutions to 
     aid refugees;
       (G) to promote sound environmental practices;
       (H) to assist in development of democratic institutions and 
     good governance by the people of foreign countries;
       (I) to promote peace and reconciliation or prevention of 
     conflict;
       (J) to improve the technical capacities of governments to 
     reduce production of and demand for illicit narcotics; and
       (K) to otherwise promote through bilateral foreign economic 
     assistance the national objectives of the United States.
       Sec. 638. (a) There is hereby rescinded an amount equal to 
     0.465 percent of the budget authority provided for fiscal 
     year 2004 for any discretionary account in this Act.
       (b) Any rescission made by subsection (a) shall be applied 
     proportionately--
       (1) to each discretionary account and each item of budget 
     authority described in subsection (a); and
       (2) within each such account and item, to each program, 
     project, and activity (with programs, projects, and 
     activities as delineated in the appropriation Act or 
     accompanying reports for the relevant fiscal year covering 
     such account or item, or for accounts and items not included 
     in appropriation Acts, as delineated in the most recently 
     submitted President's budget).

                         TITLE VII--RESCISSIONS

                         DEPARTMENT OF JUSTICE

                         General Administration


                          working capital fund

                              (rescission)

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


                         counterterrorism fund

                              (rescission)

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

                            Legal Activities


                         asset forfeiture fund

                              (rescission)

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

                         Federal Prison System


                        buildings and facilities

                              (rescission)

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

                       Office of Justice Programs


               state and local law enforcement assistance

                              (rescission)

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

[[Page 31369]]




                  community oriented policing services

                              (rescission)

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


                       Juvenile Justice Programs

                              (rescission)

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

              DEPARTMENT OF COMMERCE AND RELATED AGENCIES

                         DEPARTMENT OF COMMERCE

                   International Trade Administration


                     operations and administration

                              (rescission)

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

            National Oceanic and Atmospheric Administration


                      coastal and ocean activities

                              (rescission)

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

                     TITLE VIII--ALASKAN FISHERIES

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

       DIVISION C--DISTRICT OF COLUMBIA APPROPRIATIONS ACT, 2004

                                 AN ACT

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

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

                         TITLE I--FEDERAL FUNDS

              Federal Payment for Resident Tuition Support

       For a Federal payment to the District of Columbia, to be 
     deposited into a dedicated account, for a nationwide program 
     to be administered by the Mayor, for District of Columbia 
     resident tuition support, $17,000,000, to remain available 
     until expended: Provided, That such funds, including any 
     interest accrued thereon,

[[Page 31370]]

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

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

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

           Federal Payment to the District of Columbia Courts

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

            Defender Services in District of Columbia Courts

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

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


                     (including transfer of funds)

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

 Federal Payment to the District of Columbia Water and Sewer Authority

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

Federal Payment for Hospital Bioterrorism Preparedness in the District 
                              of Columbia

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

        Federal Payment for the Anacostia Waterfront Initiative

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

      Federal Payment to the Criminal Justice Coordinating Council

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

[[Page 31371]]



  Federal Payment for Capital Development in the District of Columbia

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

              Federal Payment for Public School Facilities

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

             Federal Payment for a Family Literacy Program

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

             Federal Payment for Transportation Assistance

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

    Federal Payment for Foster Care Improvements in the District of 
                                Columbia

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

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

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

         Federal Payment for Emergency Personnel Cross Training

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

                 Federal Payment for School Improvement

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

                  TITLE II--DISTRICT OF COLUMBIA FUNDS

                           OPERATING EXPENSES

                          Division of Expenses

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

                   Governmental Direction and Support

       Governmental direction and support, $284,415,000 (including 
     $206,825,000 from local funds, $57,440,000 from Federal grant 
     funds, and $20,150,000 from other funds), in addition, 
     $32,350,000 from funds previously appropriated in this Act 
     under the heading ``Federal Payment to the Office of the 
     Chief Financial Officer of the District of Columbia'', 
     $11,000,000 from funds previously appropriated in this Act 
     under the heading ``Federal Payment for Emergency Planning 
     and Security Costs in the District of Columbia'', $2,000,000 
     from funds previously appropriated in this Act under the 
     heading ``Federal Payment for a family literacy program'', 
     and $1,100,000 from funds previously appropriated in this Act 
     under the heading ``Federal Payment for Foster Care 
     Improvements in the District of Columbia'': Provided, That 
     not to exceed $2,500 for the Mayor, $2,500 for the Chairman 
     of the Council of the District of Columbia, $2,500 for the 
     City Administrator, and $2,500 for the Office of the Chief 
     Financial Officer shall be available from this appropriation 
     for official reception and representation expenses: Provided 
     further, That any program fees collected from the issuance of 
     debt shall be available for the payment of expenses of the 
     debt management program of the District of Columbia: Provided 
     further, That no revenues from Federal sources shall be used 
     to support the operations or activities of the Statehood 
     Commission and Statehood Compact Commission: Provided 
     further, That the District of Columbia shall identify the 
     sources of funding for Admission to Statehood from its own 
     locally generated revenues: Provided further, That 
     notwithstanding any other provision of law, or Mayor's Order 
     86-45, issued

[[Page 31372]]

     March 18, 1986, the Office of the Chief Technology Officer's 
     delegated small purchase authority shall be $500,000: 
     Provided further, That the District of Columbia government 
     may not require the Office of the Chief Technology Officer to 
     submit to any other procurement review process, or to obtain 
     the approval of or be restricted in any manner by any 
     official or employee of the District of Columbia government, 
     for purchases that do not exceed $500,000: Provided further, 
     That not to exceed $25,000, to remain available until 
     expended, of the funds in the District of Columbia Antitrust 
     Fund established pursuant to section 820 of the District of 
     Columbia Procurement Practices Act of 1985 (D.C. Law 6-85; 
     D.C. Official Code, sec. 2-308.20) is hereby made available 
     for the use of the Office of the Corporation Counsel of the 
     District of Columbia in accordance with the laws establishing 
     this fund.

                  Economic Development and Regulation

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

                       Public Safety and Justice

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

                        Public Education System


                     (including transfers of funds)

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

[[Page 31373]]

       (5) District of columbia public libraries.--$28,287,000 
     (including $26,750,000 from local funds, $1,000,000 from 
     Federal grant funds, and $537,000 from other funds) shall be 
     available for the District of Columbia Public Libraries: 
     Provided, That not to exceed $2,000 for the Public Librarian 
     shall be available from this appropriation for official 
     reception and representation expenses.
       (6) Commission on the arts and humanities.--$2,476,000 
     (including $1,601,000 from local funds, $475,000 from Federal 
     grant funds, and $400,000 from other funds) shall be 
     available for the Commission on the Arts and Humanities.

                         Human Support Services


                     (including transfer of funds)

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

                              Public Works

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

                              Cash Reserve

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

                Emergency and Contingency Reserve Funds

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

                    Repayment of Loans and Interest

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

              Payment of Interest on Short-Term Borrowing

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

                     Certificates of Participation

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

                       Settlements and Judgments

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

                            Wilson Building

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

                         Workforce Investments

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

                        Non-Departmental Agency

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

                         Pay-As-You-Go Capital

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

                    Tax Increment Financing Program

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

                         Medicaid Disallowance

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

                       ENTERPRISE AND OTHER FUNDS

                       Water and Sewer Authority

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

                          Washington Aqueduct

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

              Stormwater Permit Compliance Enterprise Fund

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

              Lottery and Charitable Games Enterprise Fund

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

                  Sports and Entertainment Commission

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

                 District of Columbia Retirement Board

       For the District of Columbia Retirement Board, established 
     pursuant to section 121 of the District of Columbia 
     Retirement Reform Act of 1979 (D.C. Official Code, sec. 1-
     711), $13,895,000 from the earnings of the applicable 
     retirement

[[Page 31374]]

     funds to pay legal, management, investment, and other fees 
     and administrative expenses of the District of Columbia 
     Retirement Board: Provided, That the District of Columbia 
     Retirement Board shall provide to the Congress and to the 
     Council of the District of Columbia a quarterly report of the 
     allocations of charges by fund and of expenditures of all 
     funds: Provided further, That the District of Columbia 
     Retirement Board shall provide the Mayor, for transmittal to 
     the Council of the District of Columbia, an itemized 
     accounting of the planned use of appropriated funds in time 
     for each annual budget submission and the actual use of such 
     funds in time for each annual audited financial report.

              Washington Convention Center Enterprise Fund

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

              National Capital Revitalization Corporation

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

                             Capital Outlay


                        (including rescissions)

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

           TITLE III--DC SCHOOL CHOICE INCENTIVE ACT OF 2003

     SEC. 301. SHORT TITLE.

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

     SEC. 302. FINDINGS.

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

     SEC. 303. PURPOSE.

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

     SEC. 304. GENERAL AUTHORITY.

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

     SEC. 305. APPLICATIONS.

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

     SEC. 306. PRIORITIES.

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

     SEC. 307. USE OF FUNDS.

       (a) Scholarships.--
       (1) In general.--Subject to paragraphs (2) and (3), a 
     grantee shall use the grant funds to provide eligible 
     students with scholarships to pay the tuition, fees, and 
     transportation expenses, if any, to enable them to attend the 
     District of Columbia private elementary school or secondary 
     school of their choice. Each grantee shall ensure that the 
     amount of any tuition or fees charged by a school 
     participating in the grantee's program under this title to an 
     eligible student participating in the program does not exceed 
     the amount of tuition or fees that the school customarily 
     charges to students who do not participate in the program.
       (2) Payments to parents.--A grantee shall make scholarship 
     payments under the program under this title to the parent of 
     the eligible student participating in the program, in a 
     manner which ensures that such payments will be used for the 
     payment of tuition, fees, and transportation expenses (if 
     any), in accordance with this title.

[[Page 31375]]

       (3) Amount of assistance.--
       (A) Varying amounts permitted.--Subject to the other 
     requirements of this section, a grantee may award 
     scholarships in larger amounts to those eligible students 
     with the greatest need.
       (B) Annual limit on amount.--The amount of assistance 
     provided to any eligible student by a grantee under a program 
     under this title may not exceed $7,500 for any academic year.
       (4) Continuation of scholarships.--Notwithstanding section 
     312(3)(B), an eligible entity receiving a grant under this 
     title may award a scholarship, for the second or any 
     succeeding year of an eligible student's participation in a 
     program under this title, to a student who comes from a 
     household whose income does not exceed 200 percent of the 
     poverty line.
       (b) Administrative Expenses.--A grantee may use not more 
     than 3 percent of the amount provided under the grant each 
     year for the administrative expenses of carrying out its 
     program under this title during the year, including--
       (1) determining the eligibility of students to participate;
       (2) providing information about the program and the schools 
     involved to parents of eligible students;
       (3) selecting students to receive scholarships;
       (4) determining the amount of scholarships and issuing the 
     scholarships to eligible students;
       (5) compiling and maintaining financial and programmatic 
     records; and
       (6) providing funds to assist parents in meeting expenses 
     that might otherwise preclude the participation of their 
     child in the program.

     SEC. 308. NONDISCRIMINATION.

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

     SEC. 309. EVALUATIONS.

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

     SEC. 310. REPORTING REQUIREMENTS.

       (a) Activities Reports.--Each grantee receiving funds under 
     this title during a year shall submit a report to the 
     Secretary not later than July 30 of the following year 
     regarding the activities carried out with the funds during 
     the preceding year.
       (b) Achievement Reports.--
       (1) In general.--In addition to the reports required under 
     subsection (a), each grantee shall, not later than September 
     1 of the year during which the second academic year of the 
     grantee's program is completed and each of the next 2 years 
     thereafter, submit a report to the Secretary regarding the 
     data collected in the previous 2 academic years concerning--
       (A) the academic achievement of students participating in 
     the program;
       (B) the graduation and college admission rates of students 
     who participate in the program, where appropriate; and
       (C) parental satisfaction with the program.
       (2) Prohibiting disclosure of personal information.--No 
     report under this subsection may contain any personally 
     identifiable information.
       (c) Reports to Parent.--
       (1) In general.--Each grantee shall ensure that each school 
     participating in the grantee's program under this title 
     during a year reports at least once during the year to the 
     parents of each of the school's students who are 
     participating in the program on--
       (A) the student's academic achievement, as measured by a 
     comparison with the aggregate academic achievement of other 
     participating students at the student's school in the same 
     grade or level, as appropriate, and the aggregate

[[Page 31376]]

     academic achievement of the student's peers at the student's 
     school in the same grade or level, as appropriate; and
       (B) the safety of the school, including the incidence of 
     school violence, student suspensions, and student expulsions.
       (2) Prohibiting disclosure of personal information.--No 
     report under this subsection may contain any personally 
     identifiable information, except as to the student who is the 
     subject of the report to that student's parent.
       (d) Report to Congress.--The Secretary shall submit to the 
     Committees on Appropriations, Education and the Workforce, 
     and Government Reform of the House of Representatives and the 
     Committees on Appropriations, Health, Education, Labor, and 
     Pensions, and Governmental Affairs of the Senate an annual 
     report on the findings of the reports submitted under 
     subsections (a) and (b).

     SEC. 311. OTHER REQUIREMENTS FOR PARTICIPATING SCHOOLS.

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

     SEC. 312. DEFINITIONS.

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

     SEC. 313. AUTHORIZATION OF APPROPRIATIONS.

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

                      TITLE IV--GENERAL PROVISIONS

       Sec. 401. Whenever in this Act, an amount is specified 
     within an appropriation for particular purposes or objects of 
     expenditure, such amount, unless otherwise specified, shall 
     be considered as the maximum amount that may be expended for 
     said purpose or object rather than an amount set apart 
     exclusively therefor.
       Sec. 402. Appropriations in this Act shall be available for 
     expenses of travel and for the payment of dues of 
     organizations concerned with the work of the District of 
     Columbia government, when authorized by the Mayor: Provided, 
     That in the case of the Council of the District of Columbia, 
     funds may be expended with the authorization of the Chairman 
     of the Council.
       Sec. 403. There are appropriated from the applicable funds 
     of the District of Columbia such sums as may be necessary for 
     making refunds and for the payment of legal settlements or 
     judgments that have been entered against the District of 
     Columbia government: Provided, That nothing contained in this 
     section shall be construed as modifying or affecting the 
     provisions of section 11(c)(3) of title XII of the District 
     of Columbia Income and Franchise Tax Act of 1947 (D.C. 
     Official Code, sec. 47-1812.11(c)(3)).
       Sec. 404. No part of any appropriation contained in this 
     Act shall remain available for obligation beyond the current 
     fiscal year unless expressly to provided herein.
       Sec. 405. No funds appropriated in this Act for the 
     District of Columbia government for the operation of 
     educational institutions, the compensation of personnel, or 
     for other educational purposes may be used to permit, 
     encourage, facilitate, or further partisan political 
     activities. Nothing herein is intended to prohibit the 
     availability of school buildings for the use of any community 
     or partisan political group during non-school hours.
       Sec. 406. None of the funds appropriated in this Act shall 
     be made available to pay the salary of any employee of the 
     District of Columbia government whose name, title, grade, and 
     salary are not available for inspection by the Committees on 
     Appropriations of the House of Representatives and Senate, 
     the Committee on Government Reform of the House of 
     Representatives, the Committee on Governmental Affairs of the 
     Senate, and the Council of the District of Columbia, or their 
     duly authorized representative.
       Sec. 407. (a) Except as provided in subsection (b), no part 
     of this appropriation shall be used for publicity or 
     propaganda purposes or implementation of any policy including 
     boycott designed to support or defeat legislation pending 
     before Congress or any State legislature.
       (b) The District of Columbia may use local funds provided 
     in this Act to carry out lobbying activities on any matter 
     other than--
       (1) the promotion or support of any boycott; or
       (2) statehood for the District of Columbia or voting 
     representation in Congress for the District of Columbia.
       (c) Nothing in this section may be construed to prohibit 
     any elected official from advocating with respect to any of 
     the issues referred to in subsection (b).
       Sec. 408. (a) None of the funds provided under this Act to 
     the agencies funded by this Act, both Federal and District 
     government agencies, that remain available for obligation or 
     expenditure in fiscal year 2004, or provided from any 
     accounts in the Treasury of the United States derived by the 
     collection of fees available to the agencies funded by this 
     Act, shall be available for obligation or expenditures for an 
     agency through a reprogramming of funds which--
       (1) creates new programs;
       (2) eliminates a program, project, or responsibility 
     center;
       (3) establishes or changes allocations specifically denied, 
     limited or increased under this Act;
       (4) increases funds or personnel by any means for any 
     program, project, or responsibility center for which funds 
     have been denied or restricted;
       (5) reestablishes any program or project previously 
     deferred through reprogramming;
       (6) augments any existing program, project, or 
     responsibility center through a reprogramming of funds in 
     excess of $1,000,000 or 10 percent, whichever is less; or
       (7) increases by 20 percent or more personnel assigned to a 
     specific program, project or responsibility center,

     unless the Committee on Appropriations of the House of 
     Representatives and Senate are notified in writing 30 days in 
     advance of the reprogramming.
       (b) None the local funds contained in this Act may be 
     available for obligation or expenditure for an agency through 
     a transfer of any local funds from one appropriation heading 
     to another unless the Committees on Appropriations of the 
     House of Representatives and Senate are notified in writing 
     30 days in advance of the transfer, except that in no event 
     may the amount of any funds transferred exceed 4 percent of 
     the local funds in the appropriations.
       Sec. 409. Consistent with the provisions of section 1301(a) 
     of title 31, United States Code, appropriations under this 
     Act shall be applied only to the objects for which the 
     appropriations were made except as otherwise provided by law.
       Sec. 410. Notwithstanding any other provisions of law, the 
     provisions of the District of Columbia Government 
     Comprehensive Merit Personnel Act of 1978 (D.C. Law 2-139; 
     D.C. Official Code, sec. 1-601.01 et seq.), enacted pursuant 
     to section 422(3) of the District of Columbia Home Rule Act 
     (D.C. Official Code, sec. 1-204l.22(3)), shall apply with 
     respect to the compensation of District of Columbia 
     employees: Provided, That for pay purposes, employees of the 
     District of Columbia government shall not be subject to the 
     provisions of title 5, United States Code.
       Sec. 411. No later than 30 days after the end of the first 
     quarter of fiscal year 2004, the Mayor of the District of 
     Columbia shall submit to the Council of the District of 
     Columbia and the Committees on Appropriations of the House of 
     Representatives and Senate the new fiscal year 2004 revenue 
     estimates as of the end of such quarter. These estimates 
     shall be used in the budget request for fiscal year 2005. The 
     officially revised estimates at midyear shall be used for the 
     midyear report.
       Sec. 412. No sole source contract with the District of 
     Columbia government or any agency thereof may be renewed or 
     extended without opening that contract to the competitive 
     bidding process as set forth in section 303 of the District 
     of Columbia Procurement Practices Act of 1985 (D.C. Law 6-85; 
     D.C. Official Code, sec. 2-303.03), except that the District 
     of Columbia government or any agency thereof may renew or 
     extend sole source contracts for which competition is not 
     feasible or practical, but only if the determination as to 
     whether to invoke the competitive bidding process has been 
     made in accordance with duly promulgated rules and procedures 
     and has been reviewed and certified by the Chief Financial 
     Officer of the District of Columbia.
       Sec. 413. (a) In the event a sequestration order is issued 
     pursuant to the Balanced Budget and Emergency Deficit Control 
     Act of 1985 after the amounts appropriated to the District of 
     Columbia for the fiscal year involved have been paid to the 
     District of Columbia, the Mayor of the District of Columbia 
     shall pay to the Secretary of the Treasury, within 15 days 
     after receipt of a request therefor from the Secretary of the 
     Treasury, such amounts as are sequestered by the order: 
     Provided, That the sequestration percentage specified in the 
     order shall be applied proportionately to each of the Federal 
     appropriation accounts in this Act that are not specifically 
     exempted from sequestration by such Act.
       (b) For purposes of the Balanced Budget and Emergency 
     Deficit Control Act of 1985, the term ``program, project, and 
     activity'' shall be synonymous with and refer specifically to 
     each account appropriating Federal funds in this Act,

[[Page 31377]]

     and any sequestration order shall be applied to each of the 
     accounts rather than to the aggregate total of those 
     accounts: Provided, That sequestration orders shall not be 
     applied to any account that is specifically exempted from 
     sequestration by the Balanced Budget and Emergency Deficit 
     Control Act of 1985.
       Sec. 414. None of the Federal funds provided in this Act 
     may be used by the District of Columbia to provide for 
     salaries, expenses, or other costs associated with the 
     offices of United States Senator or United States 
     Representative under section 4(d) of the District of Columbia 
     Statehood Constitutional Convention Initiatives of 1979 (D.C. 
     Law 3-171; D.C. Official Code, sec. 1-123).
       Sec. 415. None of the funds appropriated under this Act 
     shall be expended for any abortion except where the life of 
     the mother would be endangered if the fetus were carried to 
     term or where the pregnancy is the result of an act of rape 
     or incest.
       Sec. 416. None of the Federal funds made available in this 
     Act may be used to implement or enforce the Health Care 
     Benefits Expansion Act of 1992 (D.C. Law 9-114; D.C. Official 
     Code, sec. 32-701 et seq.) or to otherwise implement or 
     enforce any system of registration of unmarried, cohabiting 
     couples, including but not limited to registration for the 
     purpose of extending employment, health, or governmental 
     benefits to such couples on the same basis that such benefits 
     are extended to legally married couples.
       Sec. 417. (a) Notwithstanding any other provision of this 
     Act, the Mayor, in consultation with the Chief Financial 
     Officer of the District of Columbia may accept, obligate, and 
     expend Federal, private, and other grants received by the 
     District government that are not reflected in the amounts 
     appropriated in this Act.
       (b)(1) No such Federal, private, or other grant may be 
     accepted, obligated, or expended pursuant to subsection (a) 
     until--
       (A) the Chief Financial Officer of the District of Columbia 
     submits to the Council a report setting forth detailed 
     information regarding such grant; and
       (B) the Council has reviewed and approved the acceptance, 
     obligation, and expenditure of such grant.
       (2) For purposes of paragraph (1)(B), the Council shall be 
     deemed to have reviewed and approved the acceptance, 
     obligation, and expenditure of a grant if--
       (A) no written notice of disapproval is filed with the 
     Secretary of the Council within 14 calendar days of the 
     receipt of the report from the Chief Financial Officer under 
     paragraph (1)(A); or
       (B) if such a notice of disapproval is filed within such 
     deadline, the Council does not by resolution disapprove the 
     acceptance, obligation, or expenditure of the grant within 30 
     calendar days of the initial receipt of the report from the 
     Chief Financial Officer under paragraph (1)(A).
       (c) No amount may be obligated or expended from the general 
     fund or other funds of the District of Columbia government in 
     anticipation of the approval or receipt of a grant under 
     subsection (b)(2) or in anticipation of the approval or 
     receipt of a Federal, private, or other grant not subject to 
     such subsection.
       (d) The Chief Financial Officer of the District of Columbia 
     shall prepare a quarterly report setting forth detailed 
     information regarding all Federal, private, and other grants 
     subject to this section. Each such report shall be submitted 
     to the Council of the District of Columbia and to the 
     Committees on Appropriations of the House of Representatives 
     and Senate not later than 15 days after the end of the 
     quarter covered by the report.
       Sec. 418. (a) Except as otherwise provided in this section, 
     none of the funds made available by this Act or by any other 
     Act may be used to provide any officer or employee of the 
     District of Columbia with an official vehicle unless the 
     officer or employee uses the vehicle only in the performance 
     of the officer's or employee's official duties. For purposes 
     of this paragraph, the term ``official duties'' does not 
     include travel between the officer's or employee's residence 
     and workplace, except in the case of--
       (1) an officer or employee of the Metropolitan Police 
     Department who resides in the District of Columbia or is 
     otherwise designated by the Chief of the Department;
       (2) at the discretion of the Fire Chief, an officer or 
     employee of the District of Columbia Fire and Emergency 
     Medical Services Department who resides in the District of 
     Columbia and is on call 24 hours a day;
       (3) the Mayor of the District of Columbia; and
       (4) the Chairman of the Council of the District of 
     Columbia.
       (b) The Chief Financial Officer of the District of Columbia 
     shall submit by March 1, 2004, an inventory, as of September 
     30, 2003, of all vehicles owned, leased or operated by the 
     District of Columbia government. The inventory shall include, 
     but not be limited to, the department to which the vehicle is 
     assigned; the year and make of the vehicle; the acquisition 
     date and cost; the general condition of the vehicle; annual 
     operating and maintenance costs; current mileage; and whether 
     the vehicle is allowed to be taken home by a District officer 
     or employee and if so, the officer or employee's title and 
     resident location.
       Sec. 419. None of the funds contained in this Act may be 
     used for purposes of the annual independent audit of the 
     District of Columbia government for fiscal year 2004 unless--
       (1) the audit is conducted by the Inspector General of the 
     District of Columbia, in coordination with the Chief 
     Financial Officer of the District of Columbia, pursuant to 
     section 208(a)(4) of the District of Columbia Procurement 
     Practices Act of 1985 (D.C. Official Code, sec. 2-302.8); and
       (2) the audit includes as a basic financial statement a 
     comparison of audited actual year-end results with the 
     revenues submitted in the budget document for such year and 
     the appropriations enacted into law for such year using the 
     format, terminology, and classifications contained in the law 
     making the appropriations for the year and its legislative 
     history.
       Sec. 420. (a) None of the funds contained in this Act may 
     be used by the District of Columbia Corporation Counsel or 
     any other officer or entity of the District government to 
     provide assistance for any petition drive or civil action 
     which seeks to require Congress to provide for voting 
     representation in Congress for the District of Columbia.
       (b) Nothing in this section bars the District of Columbia 
     Corporation Counsel from reviewing or commenting on briefs in 
     private lawsuits, or from consulting with officials of the 
     District government regarding such lawsuits.
       Sec. 421. (a) None of the funds contained in this Act may 
     be used for any program of distributing sterile needles or 
     syringes for the hypodermic injection of any illegal drug.
       (b) Any individual or entity who receives any funds 
     contained in this Act and who carries out any program 
     described in subsection (a) shall account for all funds used 
     for such program separately from any funds contained in this 
     Act.
       Sec. 422. None of the funds contained in this Act may be 
     used after the expiration of the 60-day period that begins on 
     the date of the enactment of this Act to pay the salary of 
     any chief financial officer of any office of the District of 
     Columbia government (including any independent agency of the 
     District of Columbia) who has not filed a certification with 
     the Mayor and the Chief Financial Officer of the District of 
     Columbia that the officer understands the duties and 
     restrictions applicable to the officer and the officer's 
     agency as a result of this Act (and the amendments made by 
     this Act), including any duty to prepare a report requested 
     either in the Act or in any of the reports accompanying the 
     Act and the deadline by which each report must be submitted. 
     The Chief Financial Officer of the District of Columbia shall 
     provide to the Committees on Appropriations of the House of 
     Representatives and Senate by the 10th day after the end of 
     each quarter a summary list showing each report, the due 
     date, and the date submitted to the Committees.
       Sec. 423. (a) None of the funds contained in this Act may 
     be used to enact or carry out any law, rule, or regulation to 
     legalize or otherwise reduce penalties associated with the 
     possession, use, or distribution of any schedule I substance 
     under the Controlled Substances Act (21 U.S.C. 802) or any 
     tetrahydrocannabinols derivative.
       (b) The Legalization of Marijuana for Medical Treatment 
     Initiative of 1998, also known as Initiative 59, approved by 
     the electors of the District of Columbia on November 3, 1998, 
     shall not take effect.
       Sec. 424. Nothing in this Act may be construed to prevent 
     the Council or Mayor of the District of Columbia from 
     addressing the issue of the provision of contraceptive 
     coverage by health insurance plans, but it is the intent of 
     Congress that any legislation enacted on such issue should 
     include a ``conscience clause'' which provides exceptions for 
     religious beliefs and moral convictions.
       Sec. 425. The Mayor of the District of Columbia shall 
     submit to the Committees on Appropriations of the House of 
     Representatives and Senate, the Committee on Government 
     Reform of the House of Representatives, and the Committee on 
     Governmental Affairs of the Senate quarterly reports 
     addressing--
       (1) crime, including the homicide rate, implementation of 
     community policing, the number of police officers on local 
     beats, and the closing down of open-air drug markets;
       (2) access to substance and alcohol abuse treatment, 
     including the number of treatment slots, the number of people 
     served, the number of people on waiting lists, and the 
     effectiveness of treatment programs;
       (3) management of parolees and pre-trial violent offenders, 
     including the number of halfway houses escapes and steps 
     taken to improve monitoring and supervision of halfway house 
     residents to reduce the number of escapes to be provided in 
     consultation with the Court Services and Offender Supervision 
     Agency for the District of Columbia;
       (4) education, including access to special education 
     services and student achievement to be provided in 
     consultation with the District of Columbia Public Schools and 
     the District of Columbia public charter schools;
       (5) improvement in basic District services, including rat 
     control and abatement;
       (6) application for and management of Federal grants, 
     including the number and type of grants for which the 
     District was eligible but failed to apply and the number and 
     type of grants awarded to the District but for which the 
     District failed to spend the amounts received; and
       (7) indicators of child well-being.
       Sec. 426. No later than 30 calendar days after the date of 
     the enactment of this Act, the Chief Financial Officer of the 
     District of Columbia shall submit to the appropriate 
     committees of Congress, the Mayor, and the Council of the 
     District of Columbia a revised appropriated funds operating 
     budget in the format of the budget that the District of 
     Columbia government submitted pursuant to section 442 of the 
     District

[[Page 31378]]

     of Columbia Home Rule Act (D.C. Official Code, sec. 1-
     204.42), for all agencies of the District of Columbia 
     government for fiscal year 2003 that is in the total amount 
     of the approved appropriation and that realigns all budgeted 
     data for personal services and other-than-personal-services, 
     respectively, with anticipated actual expenditures.
       Sec. 427. None of the funds contained in this Act may be 
     used to issue, administer, or enforce any order by the 
     District of Columbia Commission on Human Rights relating to 
     docket numbers 93-030-(PA) and 93-031-(PA).
       Sec. 428. None of the Federal funds made available in this 
     Act may be transferred to any department, agency, or 
     instrumentality of the United States Government, except 
     pursuant to a transfer made by, or transfer authority 
     provided in, this Act or any other appropriation Act.
       Sec. 429. During fiscal year 2004 and any subsequent fiscal 
     year, in addition to any other authority to pay claims and 
     judgments, any department, agency, or instrumentality of the 
     District government may use local funds to pay the settlement 
     or judgment of a claim or lawsuit in an amount less than 
     $10,000, in accordance with the Risk Management for 
     Settlements and Judgments Amendment Act of 2000 (D.C. Law 13-
     172; D.C. Official Code, sec. 2-402).
       Sec. 430. Notwithstanding any other law, the District of 
     Columbia Courts shall transfer to the general treasury of the 
     District of Columbia all fines levied and collected by the 
     Courts under section 10(b)(1) and (2) of the District of 
     Columbia Traffic Act (D.C. Official Code, sec. 50-
     2201.05(b)(1) and (2)). The transferred funds shall remain 
     available until expended and shall be used by the Office of 
     the Corporation Counsel for enforcement and prosecution of 
     District traffic alcohol laws in accordance with section 
     10(b)(3) of the District of Columbia Traffic Act (D.C. 
     Official Code, sec. 50-2201.05(b)(3)).
       Sec. 431. During fiscal year 2004 and any subsequent fiscal 
     year, any agency of the District government may transfer to 
     the Office of Labor Relations and Collective Bargaining 
     (OLRCB) such local funds as may be necessary to pay for 
     representation by OLRCB in third-party cases, grievances, and 
     dispute resolution, pursuant to an intra-District agreement 
     with OLRCB. These amounts shall be available for use by OLRCB 
     to reimburse the cost of providing the representation.
       Sec. 432. None of the funds contained in this Act may be 
     made available to pay--
       (1) the fees of an attorney who represents a party in an 
     action or an attorney who defends an action, including an 
     administrative proceeding, brought against the District of 
     Columbia Public Schools under the Individuals with 
     Disabilities Education Act (20 U.S.C. 1400 et seq.) in excess 
     of $4,000 for that action; or
       (2) the fees of an attorney or firm whom the Chief 
     Financial Officer of the District of Columbia determines to 
     have a pecuniary interest, either through an attorney, 
     officer or employee of the firm, in any special education 
     diagnostic services, schools, or other special education 
     service providers.
       Sec. 433. The Chief Financial Officer of the District of 
     Columbia shall require attorneys in special education cases 
     brought under the Individuals with Disabilities Act (IDEA) in 
     the District of Columbia to certify in writing that the 
     attorney or representative rendered any and all services for 
     which they receive awards, including those received under a 
     settlement agreement or as part of an administrative 
     proceeding, under the IDEA from the District of Columbia: 
     Provided, That as part of the certification, the Chief 
     Financial Officer of the District of Columbia shall require 
     all attorneys in IDEA cases to disclose any financial, 
     corporate, legal, memberships on boards of directors, or 
     other relationships with any special education diagnostic 
     services, schools, or other special education service 
     providers to which the attorneys have referred any clients as 
     part of this certification: Provided further, That the Chief 
     Financial Officer shall prepare and submit quarterly reports 
     to the Committees on Appropriations of the House of 
     Representatives and Senate on the certification of and the 
     amount paid by the government of the District of Columbia, 
     including the District of Columbia Public Schools, to 
     attorneys in cases brought under IDEA: Provided further, That 
     the Inspector General of the District of Columbia may conduct 
     investigations to determine the accuracy of the 
     certifications.
       Sec. 434. Section 603(e)(3)(C)(iv) of the Student Loan 
     Marketing Association Reorganization Act of 1996 (20 U.S.C. 
     1155(e)(3)(C)(iv)) is amended as follows:
       (1) by inserting ``for a fiscal year'' after ``this 
     subparagraph''; and
       (2) by inserting ``for the fiscal year'' before the period.
       Sec. 435. Chapter 3 of title 16, District of Columbia Code, 
     is amended by inserting at the end the following new section:

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

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

``Sec. 16-316. Appointment and compensation of counsel; guardian ad 
              litem.''.
       Sec. 436. The amount appropriated by this Act may be 
     increased by no more than $15,000,000 from funds identified 
     in the comprehensive annual financial report as the 
     District's fiscal year 2003 unexpended general fund surplus. 
     The District may obligate and expend these amounts only in 
     accordance with the following conditions:
       (1) The Chief Financial Officer of the District of Columbia 
     shall certify that the use of any such amounts is not 
     anticipated to have a negative impact on the District's long-
     term financial, fiscal, and economic vitality.
       (2) The District of Columbia may only use these funds for 
     the following expenditures:
       (A) Unanticipated one-time expenditures;
       (B) To avoid deficit spending;
       (C) Debt Reduction;
       (D) Unanticipated program needs; or
       (E) To avoid revenue shortfalls.
       (3) The amounts shall be obligated and expended in 
     accordance with laws enacted by the Council in support of 
     each such obligation or expenditure.
       (4) The amounts may not be used to fund the agencies of the 
     District of Columbia government under court ordered 
     receivership.
       (5) The amounts may be obligated and expended only if 
     approved by the Committees on Appropriations of the House of 
     Representatives and Senate in advance of any obligation or 
     expenditure.
       This division may be cited as the ``District of Columbia 
     Appropriations Act, 2004''.

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

                                 AN ACT

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

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

               TITLE I--EXPORT AND INVESTMENT ASSISTANCE

                Export-Import Bank of the United States

       The Export-Import Bank of the United States is authorized 
     to make such expenditures within the limits of funds and 
     borrowing authority available to such corporation, and in 
     accordance with law, and to make such contracts and 
     commitments without regard to fiscal year limitations, as 
     provided by section 104 of the Government Corporation Control 
     Act, as may be necessary in carrying out the program for the 
     current fiscal year for such corporation: Provided, That none 
     of the funds available during the current fiscal year may be 
     used to make expenditures, contracts, or commitments for the 
     export of nuclear equipment, fuel, or technology to any 
     country, other than a nuclear-weapon state as defined in 
     Article IX of the Treaty on the Non-Proliferation of Nuclear 
     Weapons eligible to receive economic or military assistance 
     under this Act, that has detonated a nuclear explosive after 
     the date of the enactment of this Act: Provided further, That 
     notwithstanding section 1(c) of Public Law 103-428, as 
     amended, sections 1(a) and (b) of Public Law 103-428 shall 
     remain in effect through October 1, 2004.


                        administrative expenses

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

                Overseas Private Investment Corporation


                           noncredit account

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

[[Page 31379]]




                            program account

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

                  Funds Appropriated to the President


                      trade and development agency

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

                TITLE II--BILATERAL ECONOMIC ASSISTANCE

                  Funds Appropriated to the President

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


           united states agency for international development

                child survival and health programs fund

                     (including transfer of funds)

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


                         development assistance

       For necessary expenses of the United States Agency for 
     International Development to carry out the provisions of 
     sections 103, 105, 106, and 131, and chapter 10 of part I of 
     the Foreign Assistance Act of 1961, $1,385,000,000, of which 
     up to $150,000,000 may remain available until September 30, 
     2005: Provided, That none of the funds appropriated under 
     title II of this Act that are managed by or allocated to the 
     United States Agency for International Development's Global 
     Development Secretariat, may be made available except through 
     the regular notification procedures of the Committees on 
     Appropriations: Provided further, That $190,000,000 should be 
     allocated for trade capacity building: Provided further, That 
     $235,000,000 should be allocated for basic education: 
     Provided further, That of the funds appropriated under this 
     heading and managed by the United States Agency for 
     International Development Bureau of Democracy, Conflict, and 
     Humanitarian Assistance, not less than $11,000,000 shall be 
     made available only for programs to improve women's 
     leadership capacity in recipient countries: Provided further, 
     That such funds may not be made available for construction: 
     Provided further, That of the funds appropriated under this 
     heading that are made available for assistance programs for 
     displaced and orphaned children and victims of war, not to 
     exceed $32,500, in addition

[[Page 31380]]

     to funds otherwise available for such purposes, may be used 
     to monitor and provide oversight of such programs: Provided 
     further, That of the aggregate amount of the funds 
     appropriated by this Act that are made available for 
     agriculture and rural development programs, $25,000,000 
     should be made available for plant biotechnology research and 
     development: Provided further, That not less than $2,300,000 
     should be made available for core support for the 
     International Fertilizer Development Center: Provided 
     further, That of the funds appropriated under this heading, 
     not less than $19,000,000 should be made available for the 
     American Schools and Hospitals Abroad program: Provided 
     further, That of the funds appropriated under this heading, 
     not less than $10,000,000, in addition to other funds 
     available under this heading for assistance for Mexico, 
     should be made available for programs and activities in rural 
     Mexico to promote microfinance, small business development, 
     energy and environmental conservation, and private property 
     ownership in rural communities, and to support small farmers 
     who have been affected by adverse economic conditions: 
     Provided further, That funds made available pursuant to the 
     previous proviso shall be subject to the regular notification 
     procedures of the Committees on Appropriations: Provided 
     further, That of the funds appropriated by this Act, 
     $100,000,000 shall be made available for drinking water 
     supply projects and related activities.


              international disaster and famine assistance

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


                         transition initiatives

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


                      development credit authority

                     (including transfer of funds)

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


     payment to the foreign service retirement and disability fund

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


   operating expenses of the united states agency for international 
                              development

                     (including transfer of funds)

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


                        Capital investment fund

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


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

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

                  Other Bilateral Economic Assistance


                         economic support fund

                     (including transfer of funds)

       For necessary expenses to carry out the provisions of 
     chapter 4 of part II, $2,132,500,000, to remain available 
     until September 30, 2005: Provided, That of the funds 
     appropriated under this heading, not less than $480,000,000 
     shall be available only for Israel, which sum shall be 
     available on a grant basis as a cash transfer and shall be 
     disbursed within 30 days of the enactment of this Act: 
     Provided further, That not less than $575,000,000 shall be 
     available only for Egypt, which sum shall be provided on a 
     grant basis, and of which sum cash transfer assistance shall 
     be provided with the understanding that Egypt will undertake 
     significant economic reforms which are additional to those 
     which were undertaken in previous fiscal years, and of which 
     not less than $200,000,000 shall be provided as Commodity 
     Import Program assistance: Provided further, That in 
     exercising the authority to provide cash transfer assistance 
     for Israel, the President shall ensure that the level of such 
     assistance does not cause an adverse impact on

[[Page 31381]]

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


                     international fund for ireland

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


                       global hiv/aids initiative

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


          assistance for eastern europe and the baltic states

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

[[Page 31382]]

     available for economic revitalization programs in Bosnia and 
     Herzegovina, if he determines and certifies to the Committees 
     on Appropriations that the Federation of Bosnia and 
     Herzegovina has not complied with article III of annex 1-A of 
     the General Framework Agreement for Peace in Bosnia and 
     Herzegovina concerning the withdrawal of foreign forces, and 
     that intelligence cooperation on training, investigations, 
     and related activities between state sponsors of terrorism 
     and terrorist organizations and Bosnian officials has not 
     been terminated.


    assistance for the independent states of the former soviet union

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

                          Independent Agencies


                       INTER-AMERICAN FOUNDATION

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


                     AFRICAN DEVELOPMENT FOUNDATION

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


                              peace corps

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


                    millennium challenge corporation

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

                          Department of State


          international narcotics control and law enforcement

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


                     andean counterdrug initiative

       For necessary expenses to carry out section 481 of the 
     Foreign Assistance Act of 1961 to support counterdrug 
     activities in the Andean region of South America, 
     $731,000,000, to remain available until September 30, 2006: 
     Provided, That in fiscal year 2004, funds available to the 
     Department of State for assistance to the Government of 
     Colombia shall be available to support a unified campaign 
     against narcotics trafficking, against activities by 
     organizations designated as terrorist organizations such as 
     the Revolutionary Armed Forces of Colombia (FARC), the 
     National Liberation Army (ELN), and the United Self-Defense 
     Forces of Colombia (AUC), and to take actions to protect 
     human health and welfare in emergency circumstances, 
     including undertaking rescue operations: Provided further, 
     That this authority shall cease to be effective if the 
     Secretary of State has credible evidence that the Colombian 
     Armed Forces are not conducting vigorous operations to 
     restore government authority and respect for human rights in 
     areas under the effective control of paramilitary and 
     guerrilla organizations: Provided further, That the President 
     shall ensure that if

[[Page 31383]]

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


                    migration and refugee assistance

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


     united states emergency refugee and migration assistance fund

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


    nonproliferation, anti-terrorism, demining and related programs

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

                       Department of the Treasury


               International Affairs Technical Assistance

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

[[Page 31384]]




                           DEBT RESTRUCTURING

       For the cost, as defined in section 502 of the 
     Congressional Budget Act of 1974, of modifying loans and loan 
     guarantees, as the President may determine, for which funds 
     have been appropriated or otherwise made available for 
     programs within the International Affairs Budget Function 
     150, including the cost of selling, reducing, or canceling 
     amounts owed to the United States as a result of concessional 
     loans made to eligible countries, pursuant to parts IV and V 
     of the Foreign Assistance Act of 1961, and of modifying 
     concessional credit agreements with least developed 
     countries, as authorized under section 411 of the 
     Agricultural Trade Development and Assistance Act of 1954, as 
     amended, and concessional loans, guarantees and credit 
     agreements, as authorized under section 572 of the Foreign 
     Operations, Export Financing, and Related Programs 
     Appropriations Act, 1989 (Public Law 100-461), and of 
     canceling amounts owed, as a result of loans or guarantees 
     made pursuant to the Export-Import Bank Act of 1945, by 
     countries that are eligible for debt reduction pursuant to 
     title V of H.R. 3425 as enacted into law by section 
     1000(a)(5) of Public Law 106-113, $95,000,000, to remain 
     available until September 30, 2006: Provided, That not less 
     than $20,000,000 of the funds appropriated under this heading 
     shall be made available to carry out the provisions of part V 
     of the Foreign Assistance Act of 1961: Provided further, That 
     $75,000,000 of the funds appropriated under this heading may 
     be used by the Secretary of the Treasury to pay to the 
     Heavily Indebted Poor Countries (HIPC) Trust Fund 
     administered by the International Bank for Reconstruction and 
     Development amounts for the benefit of countries that are 
     eligible for debt reduction pursuant to title V of H.R. 3425 
     as enacted into law by section 1000(a)(5) of Public Law 106-
     113: Provided further, That amounts paid to the HIPC Trust 
     Fund may be used only to fund debt reduction under the 
     enhanced HIPC initiative by--
       (1) the Inter-American Development Bank;
       (2) the African Development Fund;
       (3) the African Development Bank; and
       (4) the Central American Bank for Economic Integration:

     Provided further, That funds may not be paid to the HIPC 
     Trust Fund for the benefit of any country if the Secretary of 
     State has credible evidence that the government of such 
     country is engaged in a consistent pattern of gross 
     violations of internationally recognized human rights or in 
     military or civil conflict that undermines its ability to 
     develop and implement measures to alleviate poverty and to 
     devote adequate human and financial resources to that end: 
     Provided further, That on the basis of final appropriations, 
     the Secretary of the Treasury shall consult with the 
     Committees on Appropriations concerning which countries and 
     international financial institutions are expected to benefit 
     from a United States contribution to the HIPC Trust Fund 
     during the fiscal year: Provided further, That the Secretary 
     of the Treasury shall inform the Committees on Appropriations 
     not less than 15 days in advance of the signature of an 
     agreement by the United States to make payments to the HIPC 
     Trust Fund of amounts for such countries and institutions: 
     Provided further, That the Secretary of the Treasury may 
     disburse funds designated for debt reduction through the HIPC 
     Trust Fund only for the benefit of countries that--
       (1) have committed, for a period of 24 months, not to 
     accept new market-rate loans from the international financial 
     institution receiving debt repayment as a result of such 
     disbursement, other than loans made by such institutions to 
     export-oriented commercial projects that generate foreign 
     exchange which are generally referred to as ``enclave'' 
     loans; and
       (2) have documented and demonstrated their commitment to 
     redirect their budgetary resources from international debt 
     repayments to programs to alleviate poverty and promote 
     economic growth that are additional to or expand upon those 
     previously available for such purposes:

     Provided further, That any limitation of subsection (e) of 
     section 411 of the Agricultural Trade Development and 
     Assistance Act of 1954 shall not apply to funds appropriated 
     under this heading: Provided further, That none of the funds 
     made available under this heading in this or any other 
     appropriations Act shall be made available for Sudan or Burma 
     unless the Secretary of the Treasury determines and notifies 
     the Committees on Appropriations that a democratically 
     elected government has taken office.

                     TITLE III--MILITARY ASSISTANCE

                  Funds Appropriated to the President


             international military education and training

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


                   foreign military financing program

                     (including transfer of funds)

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


                        peacekeeping operations

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

               TITLE IV--MULTILATERAL ECONOMIC ASSISTANCE


                  funds appropriated to the president

                  international financial institutions

                      global environment facility

       For the United States contribution for the Global 
     Environment Facility, $139,240,000 to the

[[Page 31385]]

     International Bank for Reconstruction and Development as 
     trustee for the Global Environment Facility, by the Secretary 
     of the Treasury, to remain available until expended.


       contribution to the international development association

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


      contribution to the multilateral investment guarantee agency

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


              limitation on callable capital subscriptions

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


contribution to the enterprise for the americas multilateral investment 
                                  fund

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


               contribution to the asian development fund

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


              Contribution to the African Development Bank

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


              limitation on callable capital subscriptions

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


              contribution to the african development fund

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


  contribution to the european bank for reconstruction and development

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


              limitation on callable capital subscriptions

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

  contribution to the international fund for agricultural development

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

                international organizations and programs

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

                      TITLE V--GENERAL PROVISIONS


  compensation for united states executive directors to international 
                         financial institutions

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


                  private and voluntary organizations

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


                    limitation on residence expenses

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


                         limitation on expenses

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


               limitation on representational allowances

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


          prohibition on taxation of united states assistance

       Sec. 506. (a) Prohibition on Taxation.--None of the funds 
     appropriated by this Act may be made available to provide 
     assistance for a foreign country under a new bilateral 
     agreement governing the terms and conditions under which such 
     assistance is to be provided unless such agreement includes a 
     provision stating that assistance provided by the United 
     States shall be exempt from taxation, or reimbursed, by the 
     foreign government, and the Secretary of State shall 
     expeditiously seek to negotiate amendments to existing 
     bilateral agreements, as necessary, to conform with this 
     requirement.
       (b) Reimbursement of Foreign Taxes.--An amount equivalent 
     to 200 percent of the total taxes assessed during fiscal year 
     2004 on funds appropriated by this Act by a foreign 
     government or entity against commodities financed under 
     United States assistance programs for which funds are 
     appropriated by this Act, either directly or through 
     grantees, contractors and subcontractors shall be withheld 
     from obligation from funds appropriated for assistance for 
     fiscal year 2005 and allocated for the central government of 
     such country and for the West Bank and Gaza Program to the 
     extent that the Secretary of State certifies and reports in 
     writing to the Committees on Appropriations that such

[[Page 31386]]

     taxes have not been reimbursed to the Government of the 
     United States.
       (c) De Minimis Exception.--Foreign taxes of a de minimis 
     nature shall not be subject to the provisions of subsection 
     (b).
       (d) Reprogramming of Funds.--Funds withheld from obligation 
     for each country or entity pursuant to subsection (b) shall 
     be reprogrammed for assistance to countries which do not 
     assess taxes on United States assistance or which have an 
     effective arrangement that is providing substantial 
     reimbursement of such taxes.
       (e) Determinations.--
       (1) The provisions of this section shall not apply to any 
     country or entity the Secretary of State determines--
       (A) does not assess taxes on United States assistance or 
     which has an effective arrangement that is providing 
     substantial reimbursement of such taxes; or
       (B) the foreign policy interests of the United States 
     outweigh the policy of this section to ensure that United 
     States assistance is not subject to taxation.
       (2) The Secretary of State shall consult with the 
     Committees on Appropriations at least 15 days prior to 
     exercising the authority of this subsection with regard to 
     any country or entity.
       (f) Implementation.--The Secretary of State shall issue 
     rules, regulations, or policy guidance, as appropriate, to 
     implement the prohibition against the taxation of assistance 
     contained in this section.
       (g) Definitions.--As used in this section--
       (1) the terms ``taxes'' and ``taxation'' refer to value 
     added taxes and customs duties imposed on commodities 
     financed with United States assistance for programs for which 
     funds are appropriated by this Act; and
       (2) the term ``bilateral agreement'' refers to a framework 
     bilateral agreement between the Government of the United 
     States and the government of the country receiving assistance 
     that describes the privileges and immunities applicable to 
     United States foreign assistance for such country generally, 
     or an individual agreement between the Government of the 
     United States and such government that describes, among other 
     things, the treatment for tax purposes that will be accorded 
     the United States assistance provided under that agreement.
       (h) Relationship to Prior Law.--Section 579 of Division E 
     of Public Law 108-7 shall be deemed to have been amended by 
     subsection (f) of this section and the modifications made by 
     this section to comparable provisions contained in section 
     579.


        prohibition against direct funding for certain countries

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


                             military coups

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


                               transfers

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


                 commercial leasing of defense articles

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


                         availability of funds

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


            limitation on assistance to countries in default

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


                           commerce and trade

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


                          surplus commodities

       Sec. 514. The Secretary of the Treasury shall instruct the 
     United States Executive Directors of the International Bank 
     for Reconstruction and Development, the International 
     Development Association, the International Finance 
     Corporation, the Inter-American Development Bank, the 
     International Monetary Fund, the Asian Development Bank, the 
     Inter-American Investment Corporation, the North American 
     Development Bank, the European Bank for Reconstruction and 
     Development, the African Development Bank, and the African 
     Development Fund to use the voice and vote of the United 
     States to oppose any assistance by these institutions,

[[Page 31387]]

     using funds appropriated or made available pursuant to this 
     Act, for the production or extraction of any commodity or 
     mineral for export, if it is in surplus on world markets and 
     if the assistance will cause substantial injury to United 
     States producers of the same, similar, or competing 
     commodity.


                       notification requirements

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


limitation on availability of funds for international organizations and 
                                programs

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


             independent states of the former soviet union

       Sec. 517. (a) None of the funds appropriated under the 
     heading ``Assistance for the Independent States of the Former 
     Soviet Union'' shall be made available for assistance for a 
     government of an Independent State of the former Soviet 
     Union--
       (1) unless that government is making progress in 
     implementing comprehensive economic reforms based on market 
     principles, private ownership, respect for commercial 
     contracts, and equitable treatment of foreign private 
     investment; and
       (2) if that government applies or transfers United States 
     assistance to any entity for the purpose of expropriating or 
     seizing ownership or control of assets, investments, or 
     ventures.

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


   PROHIBITION ON FUNDING FOR ABORTIONS AND INVOLUNTARY STERILIZATION

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


                 export financing transfer authorities

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


                   special notification requirements

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


              definition of program, project, and activity

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


                  child survival and health activities

       Sec. 522. Up to $13,500,000 of the funds made available by 
     this Act for assistance under the heading ``Child Survival 
     and Health Programs Fund'', may be used to reimburse United 
     States Government agencies, agencies of State governments, 
     institutions of higher learning, and private and voluntary 
     organizations for the full cost of individuals (including for 
     the personal services of such individuals) detailed or 
     assigned to, or contracted by, as the case may be, the United 
     States Agency for International Development for the purpose 
     of carrying out activities under that heading: Provided, That 
     up to $3,500,000 of the funds made available by this

[[Page 31388]]

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


                              afghanistan

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


                NOTIFICATION ON EXCESS DEFENSE EQUIPMENT

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


                         usaid overseas program

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


                           democracy programs

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


       PROHIBITION ON BILATERAL ASSISTANCE TO TERRORIST COUNTRIES

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


                          DEBT-FOR-DEVELOPMENT

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


                           SEPARATE ACCOUNTS

       Sec. 529. (a) Separate Accounts for Local Currencies.--(1) 
     If assistance is furnished to the government of a foreign 
     country under chapters 1 and 10 of part I or chapter 4 of 
     part II of the Foreign Assistance Act of 1961 under 
     agreements which result in the generation of local currencies 
     of that country, the Administrator of the United States 
     Agency for International Development shall--
       (A) require that local currencies be deposited in a 
     separate account established by that government;
       (B) enter into an agreement with that government which sets 
     forth--
       (i) the amount of the local currencies to be generated; and
       (ii) the terms and conditions under which the currencies so 
     deposited may be utilized, consistent with this section; and
       (C) establish by agreement with that government the 
     responsibilities of the United States Agency for 
     International Development and that government to monitor and 
     account for deposits into and disbursements from the separate 
     account.
       (2) Uses of local currencies.--As may be agreed upon with 
     the foreign government, local

[[Page 31389]]

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


                      enterprise fund restrictions

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


                                 burma

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


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

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


                  impact on jobs in the united states

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


                          special authorities

       Sec. 534. (a) Afghanistan, Pakistan, Lebanon, Montenegro, 
     Victims of War, Displaced Children, and Displaced Burmese.--
     Funds appropriated by this Act that are made available for 
     assistance for Afghanistan may be made available 
     notwithstanding section 512 of this Act or any similar 
     provision of law and section 660 of the Foreign Assistance 
     Act of 1961, and funds appropriated in titles I and II of 
     this Act that are made available for Lebanon, Montenegro, 
     Pakistan, and for victims of war, displaced children, and 
     displaced Burmese, and to assist victims of trafficking in 
     persons and, subject to the regular notification procedures 
     of the Committees on Appropriations, to combat such 
     trafficking, may be made available notwithstanding any other 
     provision of law.
       (b) Tropical Forestry and Biodiversity Conservation 
     Activities.--Funds appropriated by this Act to carry out the 
     provisions of sections 103 through 106, and chapter 4 of part 
     II, of the Foreign Assistance Act of 1961 may be used, 
     notwithstanding any other provision of law, for the purpose 
     of supporting tropical forestry and biodiversity conservation 
     activities and energy programs aimed at reducing greenhouse 
     gas emissions: Provided, That such assistance shall be 
     subject to sections 116, 502B, and 620A of the Foreign 
     Assistance Act of 1961.
       (c) Personal Services Contractors.--Funds appropriated by 
     this Act to carry out chapter 1 of part I, chapter 4 of part 
     II, and section 667 of the Foreign Assistance Act of 1961, 
     and title II of the Agricultural Trade Development and 
     Assistance Act of 1954, may be used by the United States 
     Agency for International Development to employ up to 25 
     personal services contractors in the United States, 
     notwithstanding any other provision of law, for the purpose 
     of providing direct, interim support for new or expanded 
     overseas programs and activities managed by the agency until 
     permanent direct hire personnel are hired and trained: 
     Provided, That not more than 10 of such contractors shall be 
     assigned to any bureau or office: Provided further, That such 
     funds appropriated to carry out title II of the Agricultural 
     Trade Development and Assistance Act of 1954, may be made 
     available only for personal services contractors assigned to 
     the Office of Food for Peace.
       (d)(1) Waiver.--The President may waive the provisions of 
     section 1003 of Public Law 100-204 if the President 
     determines and certifies in writing to the Speaker of the 
     House of Representatives and the President pro tempore of the 
     Senate that it is important to the national security 
     interests of the United States.
       (2) Period of application of waiver.--Any waiver pursuant 
     to paragraph (1) shall be effective for no more than a period 
     of 6 months at a time and shall not apply beyond 12 months 
     after the enactment of this Act.
       (e) Small Business.--In entering into multiple award 
     indefinite-quantity contracts with funds appropriated by this 
     Act, the United States Agency for International Development 
     may provide an exception to the fair opportunity process for 
     placing task orders under

[[Page 31390]]

     such contracts when the order is placed with any category of 
     small or small disadvantaged business.
       (f) Shipment of Humanitarian Assistance.--During fiscal 
     year 2004 and each fiscal year thereafter, of the amounts 
     made available by the United States Agency for International 
     Development to carry out the provisions of section 123(b) of 
     the Foreign Assistance Act of 1961, funds may be made 
     available to nongovernmental organizations for administrative 
     costs necessary to implement a program to obtain available 
     donated space on commercial ships for the shipment of 
     humanitarian assistance overseas.
       (g) Reconstituting Civilian Police Authority.--In providing 
     assistance with funds appropriated by this Act under section 
     660(b)(6) of the Foreign Assistance Act of 1961, support for 
     a nation emerging from instability may be deemed to mean 
     support for regional, district, municipal, or other sub-
     national entity emerging from instability, as well as a 
     nation emerging from instability.
       (h) National Endowment for Democracy.--Funds appropriated 
     by this Act that are provided to the National Endowment for 
     Democracy may be provided notwithstanding any other provision 
     of law or regulation.
       (i) World Food Program.--Of the funds managed by the Bureau 
     for Democracy, Conflict, and Humanitarian Assistance of the 
     United States Agency for International Development, from this 
     or any other Act, not less than $6,000,000 shall be made 
     available as a general contribution to the World Food 
     Program, notwithstanding any other provision of law.
       (j) Sudan.--For the purposes of section 501 of Public Law 
     106-570, the terms ``areas outside of control of the 
     Government of Sudan'' and ``area in Sudan outside of control 
     of the Government of Sudan'' shall, upon conclusion of a 
     peace agreement between the Government of Sudan and the Sudan 
     People's Liberation Movement, have the same meaning and 
     application as was the case immediately prior to the 
     conclusion of such agreement.
       (k) Programs.--Of the funds appropriated under ``Economic 
     Support Fund'' for Middle East regional programs, up to 
     $5,000,000 may be made available for programs and activities 
     of the Yitzhak Rabin Center for Israel Studies in Tel Aviv, 
     Israel, and up to $5,000,000 may be made available for 
     programs and activities of the Center for Human Dignity 
     Museum of Tolerance in Jerusalem.


                     ARAB LEAGUE BOYCOTT OF ISRAEL

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


                  administration of justice activities

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


                       eligibility for assistance

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


                         reservations of funds

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


                         ceilings and earmarks

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


                 prohibition on publicity or propaganda

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


           prohibition of payments to united nations members

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


              nongovernmental organizations--documentation

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


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

       Sec. 543. (a) None of the funds appropriated or otherwise 
     made available by this Act may be available to any foreign 
     government which provides lethal military equipment to a 
     country the government of which the Secretary of State has 
     determined is a terrorist government for purposes of section 
     6(j) of the Export Administration Act. The prohibition under 
     this section with respect to a foreign government shall 
     terminate 12 months after that government ceases to provide 
     such military equipment. This section applies with respect to 
     lethal military equipment provided under a contract entered 
     into after October 1, 1997.
       (b) Assistance restricted by subsection (a) or any other 
     similar provision of law, may be furnished if the President 
     determines that furnishing such assistance is important to 
     the national interests of the United States.

[[Page 31391]]

       (c) Whenever the waiver authority of subsection (b) is 
     exercised, the President shall submit to the appropriate 
     congressional committees a report with respect to the 
     furnishing of such assistance. Any such report shall include 
     a detailed explanation of the assistance to be provided, 
     including the estimated dollar amount of such assistance, and 
     an explanation of how the assistance furthers United States 
     national interests.


 withholding of assistance for parking fines owed by foreign countries

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


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

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


                     war crimes tribunals drawdown

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


                               landmines

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


           restrictions concerning the palestinian authority

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


               prohibition of payment of certain expenses

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


   restrictions on voluntary contributions to united nations agencies

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


                                 Haiti

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


         limitation on assistance to the palestinian authority

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


              limitation on assistance to security forces

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


                    FOREIGN MILITARY TRAINING REPORT

       Sec. 554. The annual foreign military training report 
     required by section 656 of the Foreign Assistance Act of 1961 
     shall be submitted by the Secretary of Defense and the 
     Secretary of State

[[Page 31392]]

     to the Committees on Appropriations of the House of 
     Representatives and the Senate by the date specified in that 
     section.


                          ENVIRONMENT PROGRAMS

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


            REGIONAL PROGRAMS FOR EAST ASIA AND THE PACIFIC

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


                                ZIMBABWE

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


                                 TIBET

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


                       AUTHORIZATION REQUIREMENT

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


                                NIGERIA

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


                                cambodia

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


                         palestinian statehood

       Sec. 562. (a) Limitation on Assistance.--None of the funds 
     appropriated by this Act may be provided to support a 
     Palestinian state unless the Secretary of State determines 
     and certifies to the appropriate congressional committees 
     that--
       (1) a new leadership of a Palestinian governing entity has 
     been democratically elected through credible and competitive 
     elections;
       (2) the elected governing entity of a new Palestinian 
     state--
       (A) has demonstrated a firm commitment to peaceful co-
     existence with the State of Israel;
       (B) is taking appropriate measures to counter terrorism and 
     terrorist financing in the West Bank and Gaza, including the 
     dismantling of terrorist infrastructures;
       (C) is establishing a new Palestinian security entity that 
     is cooperative with appropriate Israeli and other appropriate 
     security organizations; and
       (3) the Palestinian Authority (or the governing body of a 
     new Palestinian state) is working with other countries in the 
     region to vigorously pursue efforts to establish a just, 
     lasting, and comprehensive peace in the Middle East that will 
     enable Israel and an independent Palestinian state to exist 
     within the context of full and normal relationships, which 
     should include--
       (A) termination of all claims or states of belligerency;
       (B) respect for and acknowledgement of the sovereignty, 
     territorial integrity, and political independence of every 
     state in the area through measures including the 
     establishment of demilitarized zones;
       (C) their right to live in peace within secure and 
     recognized boundaries free from threats or acts of force;
       (D) freedom of navigation through international waterways 
     in the area; and
       (E) a framework for achieving a just settlement of the 
     refugee problem.
       (b) Sense of Congress.--It is the sense of Congress that 
     the newly elected governing entity should enact a 
     constitution assuring the rule of law, an independent 
     judiciary, and respect

[[Page 31393]]

     for human rights for its citizens, and should enact other 
     laws and regulations assuring transparent and accountable 
     governance.
       (c) Waiver.--The President may waive subsection (a) if he 
     determines that it is vital to the national security 
     interests of the United States to do so.
       (d) Exemption.--The restriction in subsection (a) shall not 
     apply to assistance intended to help reform the Palestinian 
     Authority and affiliated institutions, or a newly elected 
     governing entity, in order to help meet the requirements of 
     subsection (a), consistent with the provisions of section 552 
     of this Act (``Limitation on Assistance to the Palestinian 
     Authority'').


                                COLOMBIA

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


                          ILLEGAL ARMED GROUPS

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


 PROHIBITION ON ASSISTANCE TO THE PALESTINIAN BROADCASTING CORPORATION

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


                       west bank and gaza program

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


            contributions to united nations population fund

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


                              central asia

       Sec. 568. (a) Funds appropriated by this Act may be made 
     available for assistance for the central Government of 
     Uzbekistan only if the Secretary of State determines and 
     reports to the Committees on Appropriations that the 
     Government of Uzbekistan is making substantial and continuing 
     progress in meeting its commitments under the ``Declaration 
     on the Strategic Partnership and Cooperation Framework 
     Between the Republic of Uzbekistan and the United States of 
     America'', including respect for human rights, establishing a 
     genuine multi-party system, and ensuring free and fair 
     elections, freedom of expression, and the independence of the 
     media.
       (b) Funds appropriated by this Act may be made available 
     for assistance for the Government of Kazakhstan only if the 
     Secretary of

[[Page 31394]]

     State determines and reports to the Committees on 
     Appropriations that the Government of Kazakhstan has made 
     significant improvements in the protection of human rights 
     during the preceding 6 month period.
       (c) The Secretary of State may waive the requirements under 
     subsection (b) if he determines and reports to the Committees 
     on Appropriations that such a waiver is in the national 
     security interests of the United States.
       (d) Not later than October 1, 2004, the Secretary of State 
     shall submit a report to the Committees on Appropriations and 
     the Committee on Foreign Relations of the Senate and the 
     Committee on International Relations of the House of 
     Representatives describing the following:
       (1) The defense articles, defense services, and financial 
     assistance provided by the United States to the countries of 
     Central Asia during the 6-month period ending 30 days prior 
     to submission of such report.
       (2) The use during such period of defense articles, defense 
     services, and financial assistance provided by the United 
     States by units of the armed forces, border guards, or other 
     security forces of such countries.
       (e) For purposes of this section, the term ``countries of 
     Central Asia'' means Uzbekistan, Kazakhstan, Kyrgyz Republic, 
     Tajikistan, and Turkmenistan.


    DISCRIMINATION AGAINST MINORITY RELIGIOUS FAITHS IN THE RUSSIAN 
                               FEDERATION

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


                             WAR CRIMINALS

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


                               User Fees

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


                           funding for serbia

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


                   Community-Based Police Assistance

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


                  Special Debt Relief for the Poorest

       Sec. 574. (a) Authority to Reduce Debt.--The President may 
     reduce amounts owed to the United States (or any agency of 
     the United States) by an eligible country as a result of--
       (1) guarantees issued under sections 221 and 222 of the 
     Foreign Assistance Act of 1961;
       (2) credits extended or guarantees issued under the Arms 
     Export Control Act; or
       (3) any obligation or portion of such obligation, to pay 
     for purchases of United States agricultural commodities 
     guaranteed by the Commodity Credit Corporation under export 
     credit guarantee programs authorized pursuant to section 5(f) 
     of the Commodity Credit Corporation Charter Act of June 29, 
     1948, as amended, section 4(b) of the Food for Peace Act of 
     1966, as amended (Public Law 89-808), or section 202 of the 
     Agricultural Trade Act of 1978, as amended (Public Law 95-
     501).
       (b) Limitations.--
       (1) The authority provided by subsection (a) may be 
     exercised only to implement multilateral official debt relief 
     and referendum agreements, commonly referred to as ``Paris 
     Club Agreed Minutes''.
       (2) The authority provided by subsection (a) may be 
     exercised only in such amounts or to such extent as is 
     provided in advance by appropriations Acts.
       (3) The authority provided by subsection (a) may be 
     exercised only with respect to countries with heavy debt 
     burdens that are eligible to borrow from the International 
     Development Association, but not from the International Bank 
     for Reconstruction and Development, commonly referred to as 
     ``IDA-only'' countries.
       (c) Conditions.--The authority provided by subsection (a) 
     may be exercised only with respect to a country whose 
     government--
       (1) does not have an excessive level of military 
     expenditures;
       (2) has not repeatedly provided support for acts of 
     international terrorism;
       (3) is not failing to cooperate on international narcotics 
     control matters;
       (4) (including its military or other security forces) does 
     not engage in a consistent pattern

[[Page 31395]]

     of gross violations of internationally recognized human 
     rights; and
       (5) is not ineligible for assistance because of the 
     application of section 527 of the Foreign Relations 
     Authorization Act, Fiscal Years 1994 and 1995.
       (d) Availability of Funds.--The authority provided by 
     subsection (a) may be used only with regard to the funds 
     appropriated by this Act under the heading ``Debt 
     Restructuring''.
       (e) Certain Prohibitions Inapplicable.--A reduction of debt 
     pursuant to subsection (a) shall not be considered assistance 
     for the purposes of any provision of law limiting assistance 
     to a country. The authority provided by subsection (a) may be 
     exercised notwithstanding section 620(r) of the Foreign 
     Assistance Act of 1961 or section 321 of the International 
     Development and Food Assistance Act of 1975.


             Authority to Engage in Debt Buybacks or Sales

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


                        Disaster Surge Capacity

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


                           ifad Authorization

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


             Philippine Education and Health Infrastructure

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


                            Basic Education

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


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

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

     ``SEC. 22. THIRTEENTH REPLENISHMENT.

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


     administrative provisions related to multilateral development 
                              institutions

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

     ``SEC. 1504. ADMINISTRATIVE PROVISIONS.

       ``(a) Achievement of Certain Policy Goals.--The Secretary 
     of Treasury should instruct the United States Executive 
     Director at each multilateral development institution to 
     inform the institution of the following United States policy 
     goals, and use the voice and vote of the United States to 
     achieve the goals at the institution before June 30, 2005:
       ``(1) No later than 60 calendar days after the Board of 
     Directors of the institution approves the minutes of a Board 
     meeting, the institution shall post on its website an 
     electronic version of the minutes, with material deemed too 
     sensitive for public distribution redacted.
       ``(2) The institution shall keep a written transcript or 
     electronic recording of each meeting of its Board of 
     Directors and preserve the transcript or recording for at 
     least 10 years after the meeting.
       ``(3) All public sector loan, credit and grant documents, 
     country assistance strategies, sector strategies, and sector 
     policies prepared by the institution and presented for 
     endorsement or approval by its Board of Directors, with 
     materials deemed too sensitive for public distribution 
     redacted or withheld, shall be made available to the public 
     15 calendar days before consideration by the Board or, if not 
     then available, when the documents are distributed to the 
     Board. Such documents shall include the resources and 
     conditionality necessary to ensure that the borrower complies 
     with applicable laws in carrying out the terms and conditions 
     of such documents, strategies, or policies, including laws 
     pertaining to the integrity and transparency of the process 
     such as public consultation, and to public health and safety 
     and environmental protection.
       ``(4) The institution shall post on its website an annual 
     report containing statistical summaries and case studies of 
     the fraud and corruption cases pursued by its investigations 
     unit.
       ``(5) The institution shall require that any health, 
     education, or poverty-focused loan, credit, grant, document, 
     policy, or strategy prepared by the institution includes 
     specific outcome and output indicators to measure results, 
     and that the indicators and results be published periodically 
     during the execution, and at the completion, of the project 
     or program.
       ``(6) The institution shall establish a plan and schedule 
     for conducting regular, independent audits of internal 
     management controls and procedures for meeting operational 
     objectives, complying with Bank policies, and preventing 
     fraud, and making reports describing the scope and findings 
     of such audits available to the public.
       ``(7) The institution shall establish effective procedures 
     for the receipt, retention, and treatment of (A) complaints 
     received by the Bank regarding fraud, accounting, 
     mismanagement, internal accounting controls, or auditing 
     matters;

[[Page 31396]]

     and (B) the confidential, anonymous submission by employees 
     of the Bank of concerns regarding fraud, accounting, 
     mismanagement, internal accounting controls, or auditing 
     matters.
       ``(b) Not later than September 1, 2004 and six months 
     thereafter, the Secretary of the Treasury shall submit a 
     report to the appropriate congressional committees describing 
     the actions taken by each multilateral development 
     institution to implement the policy goals described in 
     subsection (a), and any further actions that need to be taken 
     to fully implement such goals.
       ``(c) Publication of Written Statements Regarding 
     Inspection Mechanism Cases.--No later than 60 calendar days 
     after a meeting of the Board of Directors of a multilateral 
     development institution, the Secretary of the Treasury should 
     provide for publication on the website of the Department of 
     the Treasury of any written statement presented at the 
     meeting by the United States Executive Director at the 
     institution concerning--
       ``(1) a project on which a claim has been made to the 
     inspection mechanism of the institution; or
       ``(2) a pending inspection mechanism case.
       ``(d) Congressional Briefings.--The Secretary of the 
     Treasury or the designee of the Secretary should brief the 
     appropriate congressional committees, when requested, on the 
     steps that have been taken by the United States Executive 
     Director at any multilateral development institution, and by 
     any such institution, to implement the measures described in 
     this section.
       ``(e) Publication of `No' Votes and Abstentions by the 
     United States.--Each month, the Secretary of the Treasury 
     should provide for posting on the website of the Department 
     of the Treasury of a record of all `no' votes and abstentions 
     made by the United States Executive Director at any 
     multilateral development institution on any matter before the 
     Board of Directors of the institution.
       ``(f) Multilateral Development Institution Defined.--In 
     this section, the term `multilateral development institution' 
     shall have the meaning given in section 1701(c)(3).''.


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

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

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

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


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

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

     ``SEC. 217. NINTH REPLENISHMENT.

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


    OVERSEAS PRIVATE INVESTMENT CORPORATION AND EXPORT-IMPORT BANK 
                              RESTRICTIONS

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


                        reconciliation programs

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


                               NICARAGUA

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


                           DISABILITY ACCESS

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


                        trade capacity building

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


                          war crimes in africa

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

                    report on admission of refugees

       Sec. 590. (a) The Secretary of State shall utilize private 
     voluntary organizations with expertise in the protection 
     needs of refugees in the processing of refugees overseas for 
     admission and resettlement to the United States, and shall 
     utilize such agencies in addition to the United Nations High 
     Commissioner for Refugees in the identification and referral 
     of refugees.
       (b) The Secretary of State should establish a system for 
     accepting referrals of appropriate candidates for 
     resettlement from local private, voluntary organizations and 
     work to ensure that particularly vulnerable refugee groups 
     receive special consideration for admission into the United 
     States, including--
       (1) long-stayers in countries of first asylum;
       (2) unaccompanied refugee minors;
       (3) refugees outside traditional camp settings; and

[[Page 31397]]

       (4) refugees in woman-headed households.
       (c) The Secretary of State shall give special consideration 
     to--
       (1) refugees of all nationalities who have close family 
     ties to citizens and residents of the United States; and
       (2) other groups of refugees who are of special concern to 
     the United States.
       (d) Not later than 120 days after the date of enactment of 
     this Act, the Secretary of State shall submit a report to the 
     Committees on Appropriations describing the steps that have 
     been taken to implement this section.

              post differentials and danger pay allowances

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


                          report on azerbaijan

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


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

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


                            code of conduct

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


                        assistance for hiv/aids

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


     TECHNICAL CORRECTION RELATING TO THE ENHANCED HIPC INITIATIVE

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


                               INDONESIA

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


                        religious freedom report

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


                     DELIVERY OF ASSISTANCE BY AIR

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


                 MODIFICATION ON REPORTING REQUIREMENTS

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

[[Page 31398]]

     Public Law 106-429 (as enacted by section 101(a) of such 
     Public Law) is hereby repealed.


                             CPA DETAILEES

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

               TITLE VI--MILLENNIUM CHALLENGE ACT OF 2003

     SEC. 601. SHORT TITLE.

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

     SEC. 602. PURPOSES.

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

     SEC. 603. DEFINITIONS.

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

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

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

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

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

     SEC. 605. AUTHORIZATION OF ASSISTANCE.

       (a) Assistance.--Notwithstanding any other provision of law 
     (other than a provision of this title), the Board, acting 
     through the Chief Executive Officer, is authorized to provide 
     assistance under this section for each country that enters 
     into a Millennium Challenge Compact with the United States 
     pursuant to section 609 to support policies and programs that 
     advance the progress of the country in achieving lasting 
     economic growth and poverty reduction and are in furtherance 
     of the purposes of this title.
       (b) Form of Assistance.--Assistance under this section may 
     be provided in the form of grants, cooperative agreements, or 
     contracts to or with eligible entities described in 
     subsection (c). Assistance under this section may not be 
     provided in the form of loans.
       (c) Eligible Entities.--An eligible entity referred to in 
     subsection (b) is--
       (1) the national government of the eligible country;
       (2) regional or local governmental units of the country; or
       (3) a nongovernmental organization or a private entity.
       (d) Application.--The Chief Executive Officer, in 
     consultation with the Board and working with eligible 
     countries selected by the Board for negotiation of Compacts, 
     should develop and recommend procedures for considering 
     solicited and unsolicited proposals in Compacts prior to an 
     approval of the Compacts by the Board.
       (e) Limitations.--
       (1) Prohibition on military assistance and training.--
     Assistance under this section may not include military 
     assistance or military training for a country.
       (2) Prohibition on assistance relating to united states job 
     loss or production displacement.--Assistance under this 
     section may not be provided for any project that is likely to 
     cause a substantial loss of United States jobs or

[[Page 31399]]

     a substantial displacement of United States production.
       (3) Prohibition on assistance relating to environmental, 
     health, or safety hazards.--Assistance under this section may 
     not be provided for any project that is likely to cause a 
     significant environmental, health, or safety hazard.
       (4) Prohibition on use of funds for abortions and 
     involuntary sterilizations.--The prohibitions on use of funds 
     contained in paragraphs (1) through (3) of section 104(f) of 
     the Foreign Assistance Act of 1961 (22 U.S.C. 2151b(f)(1)-
     (3)) shall apply to funds made available to carry out this 
     section to the same extent and in the same manner as such 
     prohibitions apply to funds made available to carry out part 
     I of such Act. The prohibition on use of funds contained in 
     any provision of law comparable to the eleventh and 
     fourteenth provisos under the heading ``Child Survival and 
     Health Programs Fund'' of division E of Public Law 108-7 (117 
     Stat. 162) shall apply to funds made available to carry out 
     this section for fiscal year 2004.
       (f) Coordination.--The provision of assistance under this 
     section shall be coordinated with other United States foreign 
     assistance programs.

     SEC. 606. CANDIDATE COUNTRIES.

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

     SEC. 607. ELIGIBLE COUNTRIES.

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

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

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

     SEC. 609. MILLENNIUM CHALLENGE COMPACT.

       (a) Compact.--The Board, acting through the Chief Executive 
     Officer of the Corporation, may provide assistance for an 
     eligible country only if the country enters into an agreement 
     with the United States, to be known as a ``Millennium 
     Challenge Compact'', that establishes a multi-year plan for 
     achieving shared development objectives in furtherance of the 
     purposes of this title.
       (b) Elements.--
       (1) In general.--The Compact should take into account the 
     national development strategy of the eligible country and 
     shall contain--

[[Page 31400]]

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

     SEC. 610. CONGRESSIONAL AND PUBLIC NOTIFICATION OF COMPACT.

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

     SEC. 611. SUSPENSION AND TERMINATION OF ASSISTANCE.

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

     SEC. 612. DISCLOSURE.

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

     SEC. 613. ANNUAL REPORT.

       (a) Report.--Not later than March 31, 2005, and each March 
     31 thereafter, the President shall submit to Congress a 
     report on the assistance provided under section 605 during 
     the prior fiscal year.
       (b) Contents.--The report shall include the following:
       (1) The amount of obligations and expenditures for 
     assistance provided to each eligible country during the prior 
     fiscal year.
       (2) For each eligible country, an assessment of--
       (A) the progress made during each year by the country 
     toward achieving the objectives set out in the Compact 
     entered into by the country; and

[[Page 31401]]

       (B) the extent to which assistance provided under section 
     605 has been effective in helping the country to achieve such 
     objectives.
       (3) A description of the coordination of assistance 
     provided under section 605 with other United States foreign 
     assistance and related trade policies.
       (4) A description of the coordination of assistance 
     provided under section 605 with assistance provided by other 
     donor countries.
       (5) Any other information the President considers relevant 
     with respect to assistance provided under section 605.

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

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

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

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

     SEC. 616. ASSISTANCE TO CERTAIN CANDIDATE COUNTRIES.

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

     SEC. 617. GENERAL PERSONNEL AUTHORITIES.

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

     SEC. 618. PERSONNEL OUTSIDE THE UNITED STATES.

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

[[Page 31402]]

     in any country or place outside the United States if such 
     employee or member of the family of such employee is not a 
     national of or permanently resident in such country or place.

     SEC. 619. AUTHORIZATION OF APPROPRIATIONS.

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

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

                                 AN ACT

 Making appropriations for the Departments of Labor, Health and Human 
   Services, and Education, and related agencies for the fiscal year 
           ending September 30, 2004, and for other purposes.

     That the following sums are appropriated, out of any money in 
     the Treasury not otherwise appropriated, for the Departments 
     of Labor, Health and Human Services, and Education, and 
     related agencies for the fiscal year ending September 30, 
     2004, and for other purposes, namely:

                      TITLE I--DEPARTMENT OF LABOR

                 Employment and Training Administration


                    Training and Employment Services

       For necessary expenses of the Workforce Investment Act of 
     1998, including the purchase and hire of passenger motor 
     vehicles, the construction, alteration, and repair of 
     buildings and other facilities, and the purchase of real 
     property for training centers as authorized by the Workforce 
     Investment Act of 1998; $2,697,654,000 plus reimbursements, 
     of which $1,666,473,000 is available for obligation for the 
     period July 1, 2004 through June 30, 2005; except that 
     amounts determined by the Secretary of Labor to be necessary 
     pursuant to sections 173(a)(4)(A) and 174(c) of such Act 
     shall be available from October 1, 2003 until expended; of 
     which $1,000,965,000 is available for obligation for the 
     period April 1, 2004 through June 30, 2005, to carry out 
     chapter 4 of the Workforce Investment Act of 1998; and of 
     which $30,216,000 is available for the period July 1, 2004 
     through June 30, 2007 for necessary expenses of construction, 
     rehabilitation, and acquisition of Job Corps centers: 
     Provided, That notwithstanding any other provision of law, of 
     the funds provided herein under section 137(c) of the 
     Workforce Investment Act of 1998, $276,608,000 shall be for 
     activities described in section 132(a)(2)(A) of such Act and 
     $1,180,152,000 shall be for activities described in section 
     132(a)(2)(B) of such Act: Provided further, That funds 
     provided to carry out section 132(a)(2)(A) of the Workforce 
     Investment Act may be used to provide assistance to a State 
     for state-wide or local use in order to address cases where 
     there have been worker dislocations across multiple sectors 
     or across multiple local areas and such workers remain 
     dislocated; coordinate the State workforce development plan 
     with emerging economic development needs; and train such 
     eligible dislocated workers: Provided further, That 
     $9,039,000 shall be for carrying out section 172 of the 
     Workforce Investment Act of 1998: Provided further, That, 
     notwithstanding any other provision of law or related 
     regulation, $77,330,000 shall be for carrying out section 167 
     of the Workforce Investment Act of 1998, including 
     $72,213,000 for formula grants, $4,610,000 for migrant and 
     seasonal housing (of which not less than 70 percent shall be 
     for permanent housing), and $507,000 for other discretionary 
     purposes: Provided further, That notwithstanding the transfer 
     limitation under section 133(b)(4) of such Act, up to 30 
     percent of such funds may be transferred by a local board if 
     approved by the Governor: Provided further, That funds 
     provided to carry out section 171(d) of the Workforce 
     Investment Act of 1998 may be used for demonstration projects 
     that provide assistance to new entrants in the workforce and 
     incumbent workers: Provided further, That funding provided to 
     carry out projects under section 171 of the Workforce 
     Investment Act of 1998 that are identified in the Conference 
     Agreement, shall not be subject to the requirements of 
     section 171(b)(2)(B) of such Act, the requirements of section 
     171(c)(4)(D) of such Act, the joint funding requirements of 
     sections 171(b)(2)(A) and 171(c)(4)(A) of such Act, or any 
     time limit requirements of sections 171(b)(2)(C) and 
     171(c)(4)(B) of such Act: Provided further, That no funds 
     from any other appropriation shall be used to provide meal 
     services at or for Job Corps centers.
       For necessary expenses of the Workforce Investment Act of 
     1998, including the purchase and hire of passenger motor 
     vehicles, the construction, alteration, and repair of 
     buildings and other facilities, and the purchase of real 
     property for training centers as authorized by the Workforce 
     Investment Act of 1998; $2,463,000,000 plus reimbursements, 
     of which $2,363,000,000 is available for obligation for the 
     period October 1, 2004 through June 30, 2005, and of which 
     $100,000,000 is available for the period October 1, 2004 
     through June 30, 2007, for necessary expenses of 
     construction, rehabilitation, and acquisition of Job Corps 
     centers.


            community service employment for older americans

       To carry out title V of the Older Americans Act of 1965, as 
     amended, $441,253,000.


              Federal Unemployment Benefits and Allowances

       For payments during the current fiscal year of trade 
     adjustment benefit payments and allowances under part I and 
     section 246; and for training, allowances for job search and 
     relocation, and related State administrative expenses under 
     part II of chapter 2, title II of the Trade Act of 1974 
     (including the benefits and services described under sections 
     123(c)(2) and 151(b) and (c) of the Trade Adjustment 
     Assistance Reform Act of 2002, Public Law 107-210), 
     $1,338,200,000, together with such amounts as may be 
     necessary to be charged to the subsequent appropriation for 
     payments for any period subsequent to September 15 of the 
     current year.


     State Unemployment Insurance and Employment Service Operations

       For authorized administrative expenses, $142,520,000, 
     together with not to exceed $3,466,861,000 (including not to 
     exceed $1,228,000 which may be used for amortization payments 
     to States which had independent retirement plans in their 
     State employment service agencies prior to 1980), which may 
     be expended from the Employment Security Administration 
     Account in the Unemployment Trust Fund including the cost of 
     administering section 51 of the Internal Revenue Code of 
     1986, as amended, section 7(d) of the Wagner-Peyser Act, as 
     amended, the Trade Act of 1974, as amended, the Immigration 
     Act of 1990, and the Immigration and Nationality Act, as 
     amended, and of which the sums available in the allocation 
     for activities authorized by title III of the Social Security 
     Act, as amended (42 U.S.C. 502-504), and the sums available 
     in the allocation for necessary administrative expenses for 
     carrying out 5 U.S.C. 8501-8523, shall be available for 
     obligation by the States through December 31, 2004, except 
     that funds used for automation acquisitions shall be 
     available for obligation by the States through September 30, 
     2006; of which $142,520,000, together with not to exceed 
     $768,257,000 of the amount which may be expended from said 
     trust fund, shall be available for obligation for the period 
     July 1, 2004 through June 30, 2005, to fund activities under 
     the Act of June 6, 1933, as amended, including the cost of 
     penalty mail authorized under 39 U.S.C. 3202(a)(1)(E) made 
     available to States in lieu of allotments for such purpose: 
     Provided, That to the extent that the Average Weekly Insured 
     Unemployment (AWIU) for fiscal year 2004 is projected by the 
     Department of Labor to exceed 3,227,000, an additional 
     $28,600,000 shall be available for obligation for every 
     100,000 increase in the AWIU level (including a pro rata 
     amount for any increment less than 100,000) from the 
     Employment Security Administration Account of the 
     Unemployment Trust Fund: Provided further, That funds 
     appropriated in this Act which are used to establish a 
     national one-stop career center system, or which are used to 
     support the national activities of the Federal-State 
     unemployment insurance or immigration programs, may be 
     obligated in contracts, grants or agreements with non-State 
     entities: Provided further, That funds appropriated under 
     this Act for activities authorized under the Wagner-Peyser 
     Act, as amended, and title III of the Social Security Act, 
     may be used by the States to fund integrated Employment 
     Service and Unemployment Insurance automation efforts, 
     notwithstanding cost allocation principles prescribed under 
     Office of Management and Budget Circular A-87.


        Advances to the Unemployment Trust Fund and Other Funds

       For repayable advances to the Unemployment Trust Fund as 
     authorized by sections 905(d) and 1203 of the Social Security 
     Act, as amended, and to the Black Lung Disability Trust Fund 
     as authorized by section 9501(c)(1) of the Internal Revenue 
     Code of 1954, as amended; and for nonrepayable advances to 
     the Unemployment Trust Fund as authorized by section 8509 of 
     title 5, United States Code, and to the ``Federal 
     unemployment benefits and allowances'' account, to remain 
     available until September 30, 2005, $467,000,000.
       In addition, for making repayable advances to the Black 
     Lung Disability Trust Fund in the current fiscal year after 
     September 15, 2004, for costs incurred by the Black Lung 
     Disability Trust Fund in the current fiscal year, such sums 
     as may be necessary.


                         Program Administration

       For expenses of administering employment and training 
     programs, $115,824,000, including $2,393,000 to administer 
     welfare-to-work grants, together with not to exceed 
     $57,820,000, which may be expended from the Employment 
     Security Administration Account in the Unemployment Trust 
     Fund.

               Employee Benefits Security Administration


                         Salaries and Expenses

       For necessary expenses for the Employee Benefits Security 
     Administration, $124,962,000.

                  Pension Benefit Guaranty Corporation


               Pension Benefit Guaranty Corporation Fund

       The Pension Benefit Guaranty Corporation is authorized to 
     make such expenditures, including financial assistance 
     authorized by section

[[Page 31403]]

     104 of Public Law 96-364, within limits of funds and 
     borrowing authority available to such Corporation, and in 
     accord with law, and to make such contracts and commitments 
     without regard to fiscal year limitations as provided by 
     section 104 of the Government Corporation Control Act, as 
     amended (31 U.S.C. 9104), as may be necessary in carrying out 
     the program, including associated administrative expenses, 
     through September 30, 2004 for such Corporation: Provided, 
     That none of the funds available to the Corporation for 
     fiscal year 2004 shall be available for obligations for 
     administrative expenses in excess of $228,772,000: Provided 
     further, That obligations in excess of such amount may be 
     incurred after approval by the Office of Management and 
     Budget and the Committees on Appropriations of the House and 
     Senate.

                  Employment Standards Administration


                         Salaries and Expenses

       For necessary expenses for the Employment Standards 
     Administration, including reimbursement to State, Federal, 
     and local agencies and their employees for inspection 
     services rendered, $392,872,000, together with $2,036,000 
     which may be expended from the Special Fund in accordance 
     with sections 39(c), 44(d) and 44(j) of the Longshore and 
     Harbor Workers' Compensation Act: Provided, That $1,250,000 
     shall be for the development of an alternative system for the 
     electronic submission of reports required to be filed under 
     the Labor-Management Reporting and Disclosure Act of 1959, as 
     amended, and for a computer database of the information for 
     each submission by whatever means, that is indexed and easily 
     searchable by the public via the Internet: Provided further, 
     That the Secretary of Labor is authorized to accept, retain, 
     and spend, until expended, in the name of the Department of 
     Labor, all sums of money ordered to be paid to the Secretary 
     of Labor, in accordance with the terms of the Consent 
     Judgment in Civil Action No. 91-0027 of the United States 
     District Court for the District of the Northern Mariana 
     Islands (May 21, 1992): Provided further, That the Secretary 
     of Labor is authorized to establish and, in accordance with 
     31 U.S.C. 3302, collect and deposit in the Treasury fees for 
     processing applications and issuing certificates under 
     sections 11(d) and 14 of the Fair Labor Standards Act of 
     1938, as amended (29 U.S.C. 211(d) and 214) and for 
     processing applications and issuing registrations under title 
     I of the Migrant and Seasonal Agricultural Worker Protection 
     Act (29 U.S.C. 1801 et seq.).


                            Special Benefits

                     (including transfer of funds)

       For the payment of compensation, benefits, and expenses 
     (except administrative expenses) accruing during the current 
     or any prior fiscal year authorized by title 5, chapter 81 of 
     the United States Code; continuation of benefits as provided 
     for under the heading ``Civilian War Benefits'' in the 
     Federal Security Agency Appropriation Act, 1947; the 
     Employees' Compensation Commission Appropriation Act, 1944; 
     sections 4(c) and 5(f) of the War Claims Act of 1948 (50 
     U.S.C. App. 2012); and 50 percent of the additional 
     compensation and benefits required by section 10(h) of the 
     Longshore and Harbor Workers' Compensation Act, as amended, 
     $163,000,000, together with such amounts as may be necessary 
     to be charged to the subsequent year appropriation for the 
     payment of compensation and other benefits for any period 
     subsequent to August 15 of the current year: Provided, That 
     amounts appropriated may be used under section 8104 of title 
     5, United States Code, by the Secretary of Labor to reimburse 
     an employer, who is not the employer at the time of injury, 
     for portions of the salary of a reemployed, disabled 
     beneficiary: Provided further, That balances of 
     reimbursements unobligated on September 30, 2003, shall 
     remain available until expended for the payment of 
     compensation, benefits, and expenses: Provided further, That 
     in addition there shall be transferred to this appropriation 
     from the Postal Service and from any other corporation or 
     instrumentality required under section 8147(c) of title 5, 
     United States Code, to pay an amount for its fair share of 
     the cost of administration, such sums as the Secretary 
     determines to be the cost of administration for employees of 
     such fair share entities through September 30, 2004: Provided 
     further, That of those funds transferred to this account from 
     the fair share entities to pay the cost of administration of 
     the Federal Employees' Compensation Act, $39,315,000 shall be 
     made available to the Secretary as follows: (1) for 
     enhancement and maintenance of automated data processing 
     systems and telecommunications systems, $11,618,000; (2) for 
     automated workload processing operations, including document 
     imaging, centralized mail intake and medical bill processing, 
     $14,496,000; (3) for periodic roll management and medical 
     review, $13,201,000; and (4) the remaining funds shall be 
     paid into the Treasury as miscellaneous receipts: Provided 
     further, That the Secretary may require that any person 
     filing a notice of injury or a claim for benefits under 
     chapter 81 of title 5, United States Code, or 33 U.S.C. 901 
     et seq., provide as part of such notice and claim, such 
     identifying information (including Social Security account 
     number) as such regulations may prescribe.


               Special Benefits for Disabled Coal Miners

       For carrying out title IV of the Federal Mine Safety and 
     Health Act of 1977, as amended by Public Law 107-275, (the 
     ``Act''), $300,000,000, to remain available until expended.
       For making after July 31 of the current fiscal year, 
     benefit payments to individuals under title IV of the Act, 
     for costs incurred in the current fiscal year, such amounts 
     as may be necessary.
       For making benefit payments under title IV for the first 
     quarter of fiscal year 2005, $88,000,000, to remain available 
     until expended.


    administrative expenses, energy employees occupational illness 
                           compensation fund

                     (including transfer of funds)

       For necessary expenses to administer the Energy Employees 
     Occupational Illness Compensation Act, $55,074,000, to remain 
     available until expended: Provided, That the Secretary of 
     Labor is authorized to transfer to any executive agency with 
     authority under the Energy Employees Occupational Illness 
     Compensation Act, including within the Department of Labor, 
     such sums as may be necessary in fiscal year 2004 to carry 
     out those authorities: Provided further, That the Secretary 
     may require that any person filing a claim for benefits under 
     the Act provide as part of such claim, such identifying 
     information (including Social Security account number) as may 
     be prescribed.


                    Black Lung Disability Trust Fund

                     (including transfer of funds)

       Beginning in fiscal year 2004 and thereafter, such sums as 
     may be necessary from the Black Lung Disability Trust Fund, 
     to remain available until expended, for payment of all 
     benefits authorized by section 9501(d)(1), (2), (4), and (7) 
     of the Internal Revenue Code of 1954, as amended; and 
     interest on advances, as authorized by section 9501(c)(2) of 
     that Act. In addition, the following amounts shall be 
     available from the Fund for fiscal year 2004 for expenses of 
     operation and administration of the Black Lung Benefits 
     program, as authorized by section 9501(d)(5): $32,004,000 for 
     transfer to the Employment Standards Administration, 
     ``Salaries and Expenses''; $23,401,000 for transfer to 
     Departmental Management, ``Salaries and Expenses''; $338,000 
     for transfer to Departmental Management, ``Office of 
     Inspector General''; and $356,000 for payments into 
     miscellaneous receipts for the expenses of the Department of 
     the Treasury.

             Occupational Safety and Health Administration


                         Salaries and Expenses

       For necessary expenses for the Occupational Safety and 
     Health Administration, $460,786,000, including not to exceed 
     $92,505,000 which shall be the maximum amount available for 
     grants to States under section 23(g) of the Occupational 
     Safety and Health Act (the ``Act''), which grants shall be no 
     less than 50 percent of the costs of State occupational 
     safety and health programs required to be incurred under 
     plans approved by the Secretary under section 18 of the Act; 
     and, in addition, notwithstanding 31 U.S.C. 3302, the 
     Occupational Safety and Health Administration may retain up 
     to $750,000 per fiscal year of training institute course 
     tuition fees, otherwise authorized by law to be collected, 
     and may utilize such sums for occupational safety and health 
     training and education grants: Provided, That, 
     notwithstanding 31 U.S.C. 3302, the Secretary of Labor is 
     authorized, during the fiscal year ending September 30, 2004, 
     to collect and retain fees for services provided to 
     Nationally Recognized Testing Laboratories, and may utilize 
     such sums, in accordance with the provisions of 29 U.S.C. 9a, 
     to administer national and international laboratory 
     recognition programs that ensure the safety of equipment and 
     products used by workers in the workplace: Provided further, 
     That none of the funds appropriated under this paragraph 
     shall be obligated or expended to prescribe, issue, 
     administer, or enforce any standard, rule, regulation, or 
     order under the Act which is applicable to any person who is 
     engaged in a farming operation which does not maintain a 
     temporary labor camp and employs 10 or fewer employees: 
     Provided further, That no funds appropriated under this 
     paragraph shall be obligated or expended to administer or 
     enforce any standard, rule, regulation, or order under the 
     Act with respect to any employer of 10 or fewer employees who 
     is included within a category having an occupational injury 
     lost workday case rate, at the most precise Standard 
     Industrial Classification Code for which such data are 
     published, less than the national average rate as such rates 
     are most recently published by the Secretary, acting through 
     the Bureau of Labor Statistics, in accordance with section 24 
     of that Act (29 U.S.C. 673), except--
       (1) to provide, as authorized by such Act, consultation, 
     technical assistance, educational and training services, and 
     to conduct surveys and studies;
       (2) to conduct an inspection or investigation in response 
     to an employee complaint, to issue a citation for violations 
     found during such inspection, and to assess a penalty for 
     violations which are not corrected within a reasonable 
     abatement period and for any willful violations found;
       (3) to take any action authorized by such Act with respect 
     to imminent dangers;
       (4) to take any action authorized by such Act with respect 
     to health hazards;
       (5) to take any action authorized by such Act with respect 
     to a report of an employment accident which is fatal to one 
     or more employees or which results in hospitalization of two 
     or more employees, and to take any action pursuant to such 
     investigation authorized by such Act; and
       (6) to take any action authorized by such Act with respect 
     to complaints of discrimination against employees for 
     exercising rights under such Act:

     Provided further, That the foregoing proviso shall not apply 
     to any person who is engaged in a farming operation which 
     does not maintain a temporary labor camp and employs 10 or 
     fewer

[[Page 31404]]

     employees: Provided further, That not less than $3,200,000 
     shall be used to extend funding for the Institutional 
     Competency Building training grants which commenced in 
     September 2000, for program activities for the period of 
     September 30, 2003 to September 30, 2004, provided that a 
     grantee has demonstrated satisfactory performance.

                 Mine Safety and Health Administration


                         Salaries and Expenses

       For necessary expenses for the Mine Safety and Health 
     Administration, $270,826,000, including purchase and bestowal 
     of certificates and trophies in connection with mine rescue 
     and first-aid work, and the hire of passenger motor vehicles, 
     including $100,000 for an award to the Stolar Research 
     Corporation to further develop and demonstrate 
     electromagnetic wave detection technology, and other 
     purposes, in Allegheny County, Pennsylvania; including 
     $1,000,000 for an award to the National Technology Transfer 
     Center for a coal slurry impoundment pilot project in 
     southern West Virginia; including up to $2,000,000 for mine 
     rescue and recovery activities; in addition, not to exceed 
     $750,000 may be collected by the National Mine Health and 
     Safety Academy for room, board, tuition, and the sale of 
     training materials, otherwise authorized by law to be 
     collected, to be available for mine safety and health 
     education and training activities, notwithstanding 31 U.S.C. 
     3302; and, in addition, the Mine Safety and Health 
     Administration may retain up to $1,000,000 from fees 
     collected for the approval and certification of equipment, 
     materials, and explosives for use in mines, and may utilize 
     such sums for such activities; the Secretary is authorized to 
     accept lands, buildings, equipment, and other contributions 
     from public and private sources and to prosecute projects in 
     cooperation with other agencies, Federal, State, or private; 
     the Mine Safety and Health Administration is authorized to 
     promote health and safety education and training in the 
     mining community through cooperative programs with States, 
     industry, and safety associations; and any funds available to 
     the department may be used, with the approval of the 
     Secretary, to provide for the costs of mine rescue and 
     survival operations in the event of a major disaster.

                       Bureau of Labor Statistics


                         Salaries and Expenses

       For necessary expenses for the Bureau of Labor Statistics, 
     including advances or reimbursements to State, Federal, and 
     local agencies and their employees for services rendered, 
     $447,088,000, together with not to exceed $75,110,000, which 
     may be expended from the Employment Security Administration 
     Account in the Unemployment Trust Fund, of which $5,000,000 
     may be used to fund the mass layoff statistics program under 
     section 15 of the Wagner-Peyser Act (29 U.S.C. 49l-2).

                 Office of Disability Employment Policy


                         salaries and expenses

       For necessary expenses for the Office of Disability 
     Employment Policy to provide leadership, develop policy and 
     initiatives, and award grants furthering the objective of 
     eliminating barriers to the training and employment of people 
     with disabilities, $47,333,000.

                        Departmental Management


                         Salaries and Expenses

       For necessary expenses for Departmental Management, 
     including the hire of three sedans, and including the 
     management or operation, through contracts, grants or other 
     arrangements of Departmental activities conducted by or 
     through the Bureau of International Labor Affairs, including 
     bilateral and multilateral technical assistance and other 
     international labor activities, $48,565,000, for the 
     acquisition of Departmental information technology, 
     architecture, infrastructure, equipment, software and related 
     needs which will be allocated by the Department's Chief 
     Information Officer in accordance with the Department's 
     capital investment management process to assure a sound 
     investment strategy; $352,514,000; together with not to 
     exceed $316,000, which may be expended from the Employment 
     Security Administration Account in the Unemployment Trust 
     Fund: Provided, That no funds made available by this Act may 
     be used by the Solicitor of Labor to participate in a review 
     in any United States court of appeals of any decision made by 
     the Benefits Review Board under section 21 of the Longshore 
     and Harbor Workers' Compensation Act (33 U.S.C. 921) where 
     such participation is precluded by the decision of the United 
     States Supreme Court in Director, Office of Workers' 
     Compensation Programs v. Newport News Shipbuilding, 115 S. 
     Ct. 1278 (1995), notwithstanding any provisions to the 
     contrary contained in Rule 15 of the Federal Rules of 
     Appellate Procedure: Provided further, That no funds made 
     available by this Act may be used by the Secretary of Labor 
     to review a decision under the Longshore and Harbor Workers' 
     Compensation Act (33 U.S.C. 901 et seq.) that has been 
     appealed and that has been pending before the Benefits Review 
     Board for more than 12 months: Provided further, That any 
     such decision pending a review by the Benefits Review Board 
     for more than 1 year shall be considered affirmed by the 
     Benefits Review Board on the 1-year anniversary of the filing 
     of the appeal, and shall be considered the final order of the 
     Board for purposes of obtaining a review in the United States 
     courts of appeals: Provided further, That these provisions 
     shall not be applicable to the review or appeal of any 
     decision issued under the Black Lung Benefits Act (30 U.S.C. 
     901 et seq.): Provided further, That of the funds provided 
     under this heading, $150,000 shall be for a grant to the 
     International Center on Child Labor and Education.


                    veterans employment and training

       Not to exceed $193,443,000 may be derived from the 
     Employment Security Administration Account in the 
     Unemployment Trust Fund to carry out the provisions of 38 
     U.S.C. 4100-4110A, 4212, 4214, and 4321-4327, and Public Law 
     103-353, and which shall be available for obligation by the 
     States through December 31, 2004, of which $2,000,000 is for 
     the National Veterans' Employment and Training Services 
     Institute. To carry out the Homeless Veterans Reintegration 
     Programs (38 U.S.C. 2021) and the Veterans Workforce 
     Investment Programs (29 U.S.C. 2913), $26,550,000 of which 
     $7,550,000 shall be available for obligation for the period 
     July 1, 2004 through June 30, 2005.


                      Office of Inspector General

       For salaries and expenses of the Office of Inspector 
     General in carrying out the provisions of the Inspector 
     General Act of 1978, as amended, $60,094,000, together with 
     not to exceed $5,730,000, which may be expended from the 
     Employment Security Administration Account in the 
     Unemployment Trust Fund.


                          Working Capital Fund

       For the acquisition of a new core accounting system for the 
     Department of Labor, including hardware and software 
     infrastructure and the costs associated with implementation 
     thereof, $13,850,000.

                           GENERAL PROVISIONS

       Sec. 101. None of the funds appropriated in this title for 
     the Job Corps shall be used to pay the compensation of an 
     individual, either as direct costs or any proration as an 
     indirect cost, at a rate in excess of Executive Level II.


                          (transfer of funds)

       Sec. 102. Not to exceed 1 percent of any discretionary 
     funds (pursuant to the Balanced Budget and Emergency Deficit 
     Control Act of 1985, as amended) which are appropriated for 
     the current fiscal year for the Department of Labor in this 
     Act may be transferred between appropriations, but no such 
     appropriation shall be increased by more than 3 percent by 
     any such transfer: Provided, That the Appropriations 
     Committees of both Houses of Congress are notified at least 
     15 days in advance of any transfer.
       Sec. 103. In accordance with Executive Order No. 13126, 
     none of the funds appropriated or otherwise made available 
     pursuant to this Act shall be obligated or expended for the 
     procurement of goods mined, produced, manufactured, or 
     harvested or services rendered, whole or in part, by forced 
     or indentured child labor in industries and host countries 
     already identified by the United States Department of Labor 
     prior to enactment of this Act.
       Sec. 104. There is authorized to be appropriated such sums 
     as may be necessary to the Denali Commission through the 
     Department of Labor to conduct job training of the local 
     workforce where Denali Commission projects will be 
     constructed.
       Sec. 105. Of the funds appropriated for fiscal year 1999 
     under section 403(a)(5)(H)(i)(II) of the Social Security Act 
     (42 U.S.C. 603(a)(5)(H)(i)(II)) that were allotted as welfare 
     to work formula grants to the States under section 
     403(a)(5)(A) of such Act (42 U.S.C. 603(a)(5)(A)), there is 
     hereby rescinded any funds that are unexpended by the States 
     as of the date of enactment of this section, except for such 
     funds as the Secretary of Labor determines are necessary for 
     States to carry out administrative activities relating to the 
     close out of such grants. Notwithstanding section 403(a)(5) 
     of the Social Security Act (42 U.S.C. 603(a)(5)), the 
     Secretary of Labor may take such actions as the Secretary 
     determines are appropriate to facilitate the orderly and 
     equitable close out of such grants, consistent with the 
     requirements of this section.
       Sec. 106. (a) Findings.--Congress finds that--
       (1) it is projected that the Department of Labor, in 
     conjunction with labor, industry, and the National Institute 
     for Occupational Safety and Health, will be undertaking 
     several months of testing on Personal Dust Monitor production 
     prototypes; and
       (2) the testing of Personal Dust Monitor prototypes is set 
     to begin (by late May or early June of 2004) following the 
     scheduled delivery of the Personal Dust Monitors in May 2004.
       (b) Re-proposal of Rule.--Following the successful 
     demonstration of Personal Dust Monitor technology, and if the 
     Secretary of Labor makes a determination that Personal Dust 
     Monitors can be effectively applied in a regulatory scheme, 
     the Secretary of Labor shall re-propose a rule on respirable 
     coal dust which incorporates the use of Personal Dust 
     Monitors, and, if such rule is re-proposed, the Secretary 
     shall comply with the regular procedures applicable to 
     Federal rulemaking.
       Sec. 107. The Secretary of Labor shall transfer, without 
     charge or consideration, to Hamilton County, Ohio all rights, 
     title, and interest (including all federal equity) the United 
     States holds in the real property located at 1916 Central 
     Parkway, Cincinnati, Ohio to the extent such rights, title, 
     or interest were acquired through grants to the State of Ohio 
     under title III of the Social Security Act or the Wagner-
     Peyser Act or acquired through funds distributed to the State 
     of Ohio under section 903 of the Social Security Act.
       Sec. 108. Fair Labor Standards Act Woodworking Exemption. 
     Section 13(c) of the Fair Labor Standards Act of 1938 (29 
     U.S.C. 213(c)) is amended by adding at the end the following:
       ``(7)(A)(i) Subject to subparagraph (B), in the 
     administration and enforcement of the child labor provisions 
     of this Act, it shall not be considered oppressive child 
     labor for a new entrant

[[Page 31405]]

     into the workforce to be employed inside or outside places of 
     business where machinery is used to process wood products.
       ``(ii) In this paragraph, the term `new entrant into the 
     workforce' means an individual who--
       ``(I) is under the age of 18 and at least the age of 14, 
     and
       ``(II) by statute or judicial order is exempt from 
     compulsory school attendance beyond the eighth grade.
       ``(B) The employment of a new entrant into the workforce 
     under subparagraph (A) shall be permitted--
       ``(i) if the entrant is supervised by an adult relative of 
     the entrant or is supervised by an adult member of the same 
     religious sect or division as the entrant;
       ``(ii) if the entrant does not operate or assist in the 
     operation of power-driven woodworking machines;
       ``(iii) if the entrant is protected from wood particles or 
     other flying debris within the workplace by a barrier 
     appropriate to the potential hazard of such wood particles or 
     flying debris or by maintaining a sufficient distance from 
     machinery in operation; and
       ``(iv) if the entrant is required to use personal 
     protective equipment to prevent exposure to excessive levels 
     of noise and saw dust.''.
       This title may be cited as the ``Department of Labor 
     Appropriations Act, 2004''.

           TITLE II--DEPARTMENT OF HEALTH AND HUMAN SERVICES

              Health Resources and Services Administration


                     Health Resources and Services

       For carrying out titles II, III, IV, VII, VIII, X, XII, 
     XIX, and XXVI of the Public Health Service Act, section 
     427(a) of the Federal Coal Mine Health and Safety Act, title 
     V (including section 510), and sections 1128E, 711 and 1820 
     of the Social Security Act, the Health Care Quality 
     Improvement Act of 1986, as amended, the Native Hawaiian 
     Health Care Act of 1988, as amended, the Cardiac Arrest 
     Survival Act of 2000, and the Poison Control Center 
     Enhancement and Awareness Act, $6,698,437,000, of which 
     $367,563,000 shall be available for construction and 
     renovation (including equipment) of health care and other 
     facilities, abstinence education and related services, and 
     other health-related activities as specified in the statement 
     of the managers on the conference report accompanying this 
     Act, and of which $39,740,000 from general revenues, 
     notwithstanding section 1820(j) of the Social Security Act, 
     shall be available for carrying out the Medicare rural 
     hospital flexibility grants program under section 1820 of 
     such Act: Provided, That of the funds made available under 
     this heading, $250,000 shall be available until expended for 
     facilities renovations at the Gillis W. Long Hansen's Disease 
     Center: Provided further, That in addition to fees authorized 
     by section 427(b) of the Health Care Quality Improvement Act 
     of 1986, fees shall be collected for the full disclosure of 
     information under the Act sufficient to recover the full 
     costs of operating the National Practitioner Data Bank, and 
     shall remain available until expended to carry out that Act: 
     Provided further, That fees collected for the full disclosure 
     of information under the ``Health Care Fraud and Abuse Data 
     Collection Program'', authorized by section 1128E(d)(2) of 
     the Social Security Act, shall be sufficient to recover the 
     full costs of operating the program, and shall remain 
     available until expended to carry out that Act: Provided 
     further, That $25,000,000 of the funding provided for 
     community health centers shall be used for base grant 
     adjustments for existing centers: Provided further, That no 
     more than $4,850,000 is available for carrying out the 
     provisions of U.S.C. Title 42 Section 233(o) including 
     associated administrative expenses: Provided further, That no 
     more than $45,000,000 is available for carrying out the 
     provisions of Public Law 104-73: Provided further, That 
     $10,000,000 is available until expended to establish a 
     National Cord Blood Stem Cell Bank Program as described in 
     the statement of the managers on the conference report 
     accompanying this Act: Provided further, That of the funds 
     made available under this heading, $280,000,000 shall be for 
     the program under title X of the Public Health Service Act to 
     provide for voluntary family planning projects: Provided 
     further, That amounts provided to said projects under such 
     title shall not be expended for abortions, that all pregnancy 
     counseling shall be nondirective, and that such amounts shall 
     not be expended for any activity (including the publication 
     or distribution of literature) that in any way tends to 
     promote public support or opposition to any legislative 
     proposal or candidate for public office: Provided further, 
     That $753,317,000 shall be for State AIDS Drug Assistance 
     Programs authorized by section 2616 of the Public Health 
     Service Act: Provided further, That in addition to amounts 
     provided herein, $25,000,000 shall be available from amounts 
     available under section 241 of the Public Health Service Act 
     to carry out Parts A, B, C, and D of title XXVI of the Public 
     Health Service Act to fund section 2691 Special Projects of 
     National Significance: Provided further, That notwithstanding 
     section 502(a)(1) of the Social Security Act, not to exceed 
     $121,130,000 is available for carrying out special projects 
     of regional and national significance pursuant to section 
     501(a)(2) of such Act: Provided further, That $70,488,000 is 
     available for special projects of regional and national 
     significance under section 501(a)(2) of the Social Security 
     Act, which shall not be counted toward compliance with the 
     allocation required in section 502(a)(1) of such Act, and 
     which shall be used only for making competitive grants to 
     provide abstinence education (as defined in section 510(b)(2) 
     of such Act) to adolescents and for Federal costs of 
     administering the grants: Provided further, That grants under 
     the immediately preceding proviso shall be made only to 
     public and private entities which agree that, with respect to 
     an adolescent to whom the entities provide abstinence 
     education under such grant, the entities will not provide to 
     that adolescent any other education regarding sexual conduct, 
     except that, in the case of an entity expressly required by 
     law to provide health information or services the adolescent 
     shall not be precluded from seeking health information or 
     services from the entity in a different setting than the 
     setting in which the abstinence education was provided: 
     Provided further, That in addition to amounts provided herein 
     for abstinence education to adolescents, $4,500,000 shall be 
     available from amounts available under section 241 of the 
     Public Health Service Act to carry out evaluations (including 
     longitudinal evaluations) of adolescent pregnancy prevention 
     approaches.


           Health Education Assistance Loans Program Account

       Such sums as may be necessary to carry out the purpose of 
     the program, as authorized by title VII of the Public Health 
     Service Act, as amended. For administrative expenses to carry 
     out the guaranteed loan program, including section 709 of the 
     Public Health Service Act, $3,389,000.


             Vaccine Injury Compensation Program Trust Fund

       For payments from the Vaccine Injury Compensation Program 
     Trust Fund, such sums as may be necessary for claims 
     associated with vaccine-related injury or death with respect 
     to vaccines administered after September 30, 1988, pursuant 
     to subtitle 2 of title XXI of the Public Health Service Act, 
     to remain available until expended: Provided, That for 
     necessary administrative expenses, not to exceed $3,222,000 
     shall be available from the Trust Fund to the Secretary of 
     Health and Human Services.

               Centers for Disease Control and Prevention


                Disease Control, Research, and Training

       To carry out titles II, III, VII, XI, XV, XVII, XIX, XXI, 
     and XXVI of the Public Health Service Act, sections 101, 102, 
     103, 201, 202, 203, 301, and 501 of the Federal Mine Safety 
     and Health Act of 1977, sections 20, 21, and 22 of the 
     Occupational Safety and Health Act of 1970, title IV of the 
     Immigration and Nationality Act, and section 501 of the 
     Refugee Education Assistance Act of 1980; including purchase 
     and insurance of official motor vehicles in foreign 
     countries; and purchase, hire, maintenance, and operation of 
     aircraft, $4,545,472,000, of which $262,000,000 shall remain 
     available until expended for equipment, and construction and 
     renovation of facilities, and of which $293,569,000 for 
     international HIV/AIDS shall remain available until September 
     30, 2005, including $150,000,000, to remain available until 
     expended for the ``International Mother and Child HIV 
     Prevention Initiative.'' In addition, such sums as may be 
     derived from authorized user fees, which shall be credited to 
     this account: Provided, That in addition to amounts provided 
     herein, $14,000,000 shall be available from amounts available 
     under section 241 of the Public Health Service Act to carry 
     out the National Immunization Surveys: Provided further, That 
     in addition to amounts provided herein, $127,634,000 shall be 
     available from amounts available under section 241 of the 
     Public Health Service Act to carry out the National Center 
     for Health Statistics surveys: Provided further, That in 
     addition to amounts provided herein, $28,600,000 shall be 
     available from amounts available under section 241 of the 
     Public Health Service Act to carry out information systems 
     standards development and architecture and applications-based 
     research used at local public health levels: Provided 
     further, That in addition to amounts provided herein, 
     $41,900,000 shall be available from amounts available under 
     section 241 of the Public Health Service Act to carry out 
     Research Tools and Approaches activities within the National 
     Occupational Research Agenda: Provided further, That none of 
     the funds made available for injury prevention and control at 
     the Centers for Disease Control and Prevention may be used, 
     in whole or in part, to advocate or promote gun control: 
     Provided further, That the Director may redirect the total 
     amount made available under authority of Public Law 101-502, 
     section 3, dated November 3, 1990, to activities the Director 
     may so designate: Provided further, That the Congress is to 
     be notified promptly of any such transfer: Provided further, 
     That not to exceed $12,500,000 may be available for making 
     grants under section 1509 of the Public Health Service Act to 
     not more than 15 States: Provided further, That without 
     regard to existing statute, funds appropriated may be used to 
     proceed, at the discretion of the Centers for Disease Control 
     and Prevention, with property acquisition, including a long-
     term ground lease for construction on non-Federal land, to 
     support the construction of a replacement laboratory in the 
     Fort Collins, Colorado area: Provided further, That 
     notwithstanding any other provision of law, a single contract 
     or related contracts for development and construction of 
     facilities may be employed which collectively include the 
     full scope of the project: Provided further, That the 
     solicitation and contract shall contain the clause 
     ``availability of funds'' found at 48 CFR 52.232-18.

[[Page 31406]]



                     National Institutes of Health


                       National Cancer Institute

       For carrying out section 301 and title IV of the Public 
     Health Service Act with respect to cancer, $4,770,519,000.


               National Heart, Lung, and Blood Institute

       For carrying out section 301 and title IV of the Public 
     Health Service Act with respect to cardiovascular, lung, and 
     blood diseases, and blood and blood products, $2,897,145,000.


         National Institute of Dental and Craniofacial Research

       For carrying out section 301 and title IV of the Public 
     Health Service Act with respect to dental disease, 
     $385,796,000.


    National Institute of Diabetes and Digestive and Kidney Diseases

       For carrying out section 301 and title IV of the Public 
     Health Service Act with respect to diabetes and digestive and 
     kidney disease, $1,682,457,000.


        National Institute of Neurological Disorders and Stroke

       For carrying out section 301 and title IV of the Public 
     Health Service Act with respect to neurological disorders and 
     stroke, $1,510,776,000.


         National Institute of Allergy and Infectious Diseases

                     (including transfer of funds)

       For carrying out section 301 and title IV of the Public 
     Health Service Act with respect to allergy and infectious 
     diseases, $4,335,155,000: Provided, That $150,000,000 may be 
     made available to International Assistance Programs, ``Global 
     Fund to Fight HIV/AIDS, Malaria, and Tuberculosis'', to 
     remain available until expended.


             National Institute of General Medical Sciences

       For carrying out section 301 and title IV of the Public 
     Health Service Act with respect to general medical sciences, 
     $1,916,333,000.


        National Institute of Child Health and Human Development

       For carrying out section 301 and title IV of the Public 
     Health Service Act with respect to child health and human 
     development, $1,250,585,000.


                         National Eye Institute

       For carrying out section 301 and title IV of the Public 
     Health Service Act with respect to eye diseases and visual 
     disorders, $657,199,000.


          National Institute of Environmental Health Sciences

       For carrying out sections 301 and 311 and title IV of the 
     Public Health Service Act with respect to environmental 
     health sciences, $636,974,000.


                      National Institute on Aging

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


 National Institute of Arthritis and Musculoskeletal and Skin Diseases

       For carrying out section 301 and title IV of the Public 
     Health Service Act with respect to arthritis and 
     musculoskeletal and skin diseases, $504,300,000.


    National Institute on Deafness and Other Communication Disorders

       For carrying out section 301 and title IV of the Public 
     Health Service Act with respect to deafness and other 
     communication disorders, $384,477,000.


                 National Institute of Nursing Research

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


           National Institute on Alcohol Abuse and Alcoholism

       For carrying out section 301 and title IV of the Public 
     Health Service Act with respect to alcohol abuse and 
     alcoholism, $431,471,000.


                    National Institute on Drug Abuse

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


                  National Institute of Mental Health

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


                National Human Genome Research Institute

       For carrying out section 301 and title IV of the Public 
     Health Service Act with respect to human genome research, 
     $482,222,000.


      National Institute of Biomedical Imaging and Bioengineering

       For carrying out section 301 and title IV of the Public 
     Health Service Act with respect to biomedical imaging and 
     bioengineering research, $288,900,000.


                 National Center for Research Resources

       For carrying out section 301 and title IV of the Public 
     Health Service Act with respect to research resources and 
     general research support grants, $1,186,183,000: Provided, 
     That none of these funds shall be used to pay recipients of 
     the general research support grants program any amount for 
     indirect expenses in connection with such grants: Provided 
     further, That $119,220,000 shall be for extramural facilities 
     construction grants.


       National Center for Complementary and Alternative Medicine

       For carrying out section 301 and title IV of the Public 
     Health Service Act with respect to complementary and 
     alternative medicine, $117,752,000.


       National Center on Minority Health and Health Disparities

       For carrying out section 301 and title IV of the Public 
     Health Service Act with respect to minority health and health 
     disparities research, $192,724,000.


                  John E. Fogarty International Center

       For carrying out the activities at the John E. Fogarty 
     International Center, $65,800,000.


                      National Library of Medicine

       For carrying out section 301 and title IV of the Public 
     Health Service Act with respect to health information 
     communications, $311,635,000, of which $4,000,000 shall be 
     available until expended for improvement of information 
     systems: Provided, That in fiscal year 2004, the Library may 
     enter into personal services contracts for the provision of 
     services in facilities owned, operated, or constructed under 
     the jurisdiction of the National Institutes of Health: 
     Provided further, That in addition to amounts provided 
     herein, $8,200,000 shall be available from amounts available 
     under section 241 of the Public Health Service Act to carry 
     out National Information Center on Health Services Research 
     and Health Care Technology and related health services.


                         Office of the Director

                     (including transfer of funds)

       For carrying out the responsibilities of the Office of the 
     Director, National Institutes of Health, $329,707,000, of 
     which up to $7,500,000 shall be used to carry out section 221 
     of this Act: Provided, That funding shall be available for 
     the purchase of not to exceed 29 passenger motor vehicles for 
     replacement only: Provided further, That the Director may 
     direct up to 1 percent of the total amount made available in 
     this or any other Act to all National Institutes of Health 
     appropriations to activities the Director may so designate: 
     Provided further, That no such appropriation shall be 
     decreased by more than 1 percent by any such transfers and 
     that the Congress is promptly notified of the transfer: 
     Provided further, That the National Institutes of Health is 
     authorized to collect third party payments for the cost of 
     clinical services that are incurred in National Institutes of 
     Health research facilities and that such payments shall be 
     credited to the National Institutes of Health Management 
     Fund: Provided further, That all funds credited to the 
     National Institutes of Health Management Fund shall remain 
     available for 1 fiscal year after the fiscal year in which 
     they are deposited: Provided further, That up to $500,000 
     shall be available to carry out section 499 of the Public 
     Health Service Act.


                        buildings and facilities

                     (including transfer of funds)

       For the study of, construction of, renovation of, and 
     acquisition of equipment for, facilities of or used by the 
     National Institutes of Health, including the acquisition of 
     real property, $89,500,000, to remain available until 
     expended: Provided, That notwithstanding any other provision 
     of law, single contracts or related contracts, which 
     collectively include the full scope of the project, may be 
     employed for the development and construction of the first 
     and second phases of the John Edward Porter Neuroscience 
     Research Center: Provided further, That the solicitations and 
     contracts shall contain the clause ``availability of funds'' 
     found at 48 CFR 52.232-18.

       Substance Abuse and Mental Health Services Administration


               Substance Abuse and Mental Health Services

       For carrying out titles V and XIX of the Public Health 
     Service Act with respect to substance abuse and mental health 
     services, the Protection and Advocacy for Mentally Ill 
     Individuals Act of 1986, and section 301 of the Public Health 
     Service Act with respect to program management, 
     $3,253,763,000: Provided, That in addition to amounts 
     provided herein, $79,200,000 shall be available from amounts 
     available under section 241 of the Public Health Service Act 
     to carry out subpart II of title XIX of the Public Health 
     Service Act to fund section 1935(b) technical assistance, 
     national data, data collection and evaluation activities, and 
     further that the total available under this Act for section 
     1935(b) activities shall not exceed 5 percent of the amounts 
     appropriated for subpart II of title XIX: Provided further, 
     That in addition to the amounts provided herein, $21,850,000 
     shall be available from amounts available under Section 241 
     of the Public Health Service Act to carry out subpart I of 
     Part B of title XIX of the Public Health Service Act to fund 
     section 1920(b) technical assistance, data collection and 
     program evaluation activities, and further that the total 
     available under this Act for section 1920(b) activities shall 
     not exceed 5 percent of the amounts appropriated for subpart 
     I of Part B of title XIX: Provided further, That in addition 
     to amounts provided herein, $16,000,000 shall be made 
     available from amounts available under section 241 of the 
     Public Health Service Act to carry out national surveys on 
     drug abuse.

               Agency for Healthcare Research and Quality


                    Healthcare Research and Quality

       For carrying out titles III and IX of the Public Health 
     Service Act, and part A of title XI of the Social Security 
     Act, amounts received from Freedom of Information Act fees, 
     reimbursable and interagency agreements, and the sale of data 
     shall be credited to this appropriation and shall remain 
     available until expended: Provided, That the amount made 
     available pursuant to section 927(c) of the Public Health 
     Service Act shall not exceed $303,695,000: Provided further, 
     That, of the funds made available under this heading, 
     $12,000,000 shall be for the conduct of research on the 
     comparative clinical effectiveness, cost-effectiveness, and 
     safety of drugs, biological products, and devices.

[[Page 31407]]



               Centers for Medicare and Medicaid Services


                     Grants to States for Medicaid

       For carrying out, except as otherwise provided, titles XI 
     and XIX of the Social Security Act, $130,892,197,000, to 
     remain available until expended.
       For making, after May 31, 2004, payments to States under 
     title XIX of the Social Security Act for the last quarter of 
     fiscal year 2004 for unanticipated costs, incurred for the 
     current fiscal year, such sums as may be necessary.
       For making payments to States or in the case of section 
     1928 on behalf of States under title XIX of the Social 
     Security Act for the first quarter of fiscal year 2005, 
     $58,416,275,000, to remain available until expended.
       Payment under title XIX may be made for any quarter with 
     respect to a State plan or plan amendment in effect during 
     such quarter, if submitted in or prior to such quarter and 
     approved in that or any subsequent quarter.


                  Payments to Health Care Trust Funds

       For payment to the Federal Hospital Insurance and the 
     Federal Supplementary Medical Insurance Trust Funds, as 
     provided under section 1844 of the Social Security Act, 
     sections 103(c) and 111(d) of the Social Security Amendments 
     of 1965, section 278(d) of Public Law 97-248, and for 
     administrative expenses incurred pursuant to section 201(g) 
     of the Social Security Act, $95,084,100,000.


                           Program Management

       For carrying out, except as otherwise provided, titles XI, 
     XVIII, XIX, and XXI of the Social Security Act, titles XIII 
     and XXVII of the Public Health Service Act, and the Clinical 
     Laboratory Improvement Amendments of 1988, not to exceed 
     $2,664,994,000, to be transferred from the Federal Hospital 
     Insurance and the Federal Supplementary Medical Insurance 
     Trust Funds, as authorized by section 201(g) of the Social 
     Security Act; together with all funds collected in accordance 
     with section 353 of the Public Health Service Act and section 
     1857(e)(2) of the Social Security Act, and such sums as may 
     be collected from authorized user fees and the sale of data, 
     which shall remain available until expended, and together 
     with administrative fees collected relative to Medicare 
     overpayment recovery activities, which shall remain available 
     until expended: Provided, That all funds derived in 
     accordance with 31 U.S.C. 9701 from organizations established 
     under title XIII of the Public Health Service Act shall be 
     credited to and available for carrying out the purposes of 
     this appropriation: Provided further, That $30,000,000, to 
     remain available until September 30, 2005, is for contract 
     costs for CMS's Systems Revitalization Plan: Provided 
     further, That $56,991,000, to remain available until 
     September 30, 2005, is for contract costs for the Healthcare 
     Integrated General Ledger Accounting System: Provided 
     further, That of the amounts made available for research, 
     demonstration and evaluation, $100,000 is available for 
     Advocate Health Care in Oak Brook, Illinois for health 
     education programs and services to the deaf and hard-of-
     hearing, $1,750,000 is available for AIDS Healthcare 
     Foundation in Los Angeles for a demonstration of residential 
     and outpatient treatment facilities, $250,000 is available 
     for Berwick Hospital Center, Berwick, Pennsylvania for 
     stabilizing the workforce for patient care, $163,000 is 
     available for Bloomsburg Hospital, Bloomsburg, Pennsylvania 
     for stabilizing the workforce for patient care, $275,000 is 
     available for Cheyenne River Sioux Tribe in Eagle Butte, 
     South Dakota to establish a nursing home, $778,000 is 
     available for Community Medical Center, Scranton, 
     Pennsylvania for stabilizing the workforce for patient care, 
     $150,000 is available for Cook County (Illinois) Bureau of 
     Health Services to improve the management of vulnerable 
     patients with poorly controlled diabetes, $178,000 is 
     available for Divine Providence Hospital, Williamsport, 
     Pennsylvania for stabilizing the workforce for patient care, 
     $267,000 is available for Geisinger Wyoming Valley Medical 
     Center, Wilkes-Barre, Pennsylvania for stabilizing the 
     workforce for patient care, $237,000 is available for 
     Hazleton General Hospital, Hazleton, Pennsylvania for 
     stabilizing the workforce for patient care, $25,000 is 
     available for Hope Worldwide, Philadelphia, Pennsylvania to 
     maintain clinical care for recovering drug and alcohol 
     addicts, $825,000 is available for Illinois Primary Health 
     Care Association for the Shared Integrated Management 
     Information System, Springfield, Illinois, $250,000 is 
     available for James S. Taylor Memorial Home, Louisville, 
     Kentucky, $100,000 is available for Jefferson Area Board for 
     Aging, Charlottesville, Virginia, for the Nursing Assistant 
     Institute, $85,000 is available for Jersey Shore Hospital, 
     Jersey Shore, Pennsylvania for stabilizing the workforce for 
     patient care, $179,000 is available for Marian Community 
     Hospital, Carbondale, Pennsylvania for stabilizing the 
     workforce for patient care, $200,000 is available for Medical 
     Care for Children Partnership, Fairfax, Virginia to provide 
     outreach to increase access to medical and dental care for 
     children, $393,000 is available for Mercy Health Partners, 
     Scranton, Pennsylvania for stabilizing the workforce for 
     patient care, $571,000 is available for Mercy Hospital, 
     Wilkes-Barre, Pennsylvania for stabilizing the workforce for 
     patient care, $63,000 is available for Mid-Valley Hospital, 
     Peckville, Pennsylvania for stabilizing the workforce for 
     patient care, $510,000 is available for Moses Taylor 
     Hospital, Scranton, Pennsylvania for stabilizing the 
     workforce for patient care, $109,000 is available for Muncy 
     Valley Hospital, Muncy, Pennsylvania for stabilizing the 
     workforce for patient care, $225,000 is available for 
     Muskegon Community Health Project, Muskegon, Michigan, for 
     the Access Health program, $75,000 is available for North 
     Penn Visiting Nurse Association, Lansdale, Pennsylvania to 
     provide low-cost or free health care to children who do not 
     have health insurance, $122,000 is available for Patient 
     Advocate Foundation, Newport News, Virginia to provide direct 
     intervention assistance to patients throughout the United 
     States who are experiencing difficulty in accessing quality 
     health care services, $100,000 is available for Rhode Island 
     Hospital-Medical Simulation Center of Providence, Rhode 
     Island for the creation of a transportable simulation-based 
     training curriculum and validated human performance 
     measurement system, $256,000 is available for Saint Joseph 
     Medical Center, Hazleton, Pennsylvania for stabilizing the 
     workforce for patient care, $100,000 is available for Santa 
     Clara County, California, for its Children's Health 
     Initiative program to provide outreach and enrollment 
     assistance for families under 300 percent of federal poverty 
     level, $664,000 is available for Sharon Regional Health 
     System, Sharon, Pennsylvania for stabilizing the workforce 
     for patient care, $25,000 is available for Sickle Cell 
     Medical Treatment & Education Center, St. Louis Children's 
     Hospital, St. Louis, Missouri, to improve the academic 
     achievement of children with Sickle Cell Disease with 
     specific cognitive rehabilitation, $111,000 is available for 
     Tyler Memorial Hospital, Tunkhannock, Pennsylvania for 
     stabilizing the workforce for patient care, $174,000 is 
     available for United Community Hospital, Grove City, 
     Pennsylvania for stabilizing the workforce for patient care, 
     $503,000 is available for UPMC Horizon, Farrell, Pennsylvania 
     for stabilizing the workforce for patient care, $613,000 is 
     available for Williamsport Hospital & Medical Center, 
     Williamsport, Pennsylvania for stabilizing the workforce for 
     patient care, and $965,000 is available for Wyoming Valley 
     Health Care System, Wilkes-Barre, Pennsylvania for 
     stabilizing the workforce for patient care: Provided further, 
     That the Secretary of Health and Human Services is directed 
     to collect fees in fiscal year 2004 from Medicare+Choice 
     organizations pursuant to section 1857(e)(2) of the Social 
     Security Act and from eligible organizations with risk-
     sharing contracts under section 1876 of that Act pursuant to 
     section 1876(k)(4)(D) of that Act: Provided further, that to 
     the extent Medicare claims processing unit costs are 
     projected by the Centers for Medicare & Medicaid Services to 
     exceed $0.87 for Part A claims and/or $0.65 for Part B 
     claims, up to an additional $18,000,000 may be available for 
     obligation for every $0.04 increase in Medicare claims 
     processing unit costs from the Federal Hospital Insurance and 
     the Federal Supplementary Medical Insurance Trust Funds. The 
     calculation of projected unit costs shall be derived in the 
     same manner in which the estimated unit costs were calculated 
     for the Federal budget estimate for the fiscal year.


      Health Maintenance Organization Loan and Loan Guarantee Fund

       For carrying out subsections (d) and (e) of section 1308 of 
     the Public Health Service Act, any amounts received by the 
     Secretary in connection with loans and loan guarantees under 
     title XIII of the Public Health Service Act, to be available 
     without fiscal year limitation for the payment of outstanding 
     obligations. During fiscal year 2004, no commitments for 
     direct loans or loan guarantees shall be made.

                Administration for Children and Families


  Payments to States for Child Support Enforcement and Family Support 
                                Programs

       For making payments to States or other non-Federal entities 
     under titles I, IV-D, X, XI, XIV, and XVI of the Social 
     Security Act and the Act of July 5, 1960 (24 U.S.C. ch. 9), 
     $3,292,970,000, to remain available until expended; and for 
     such purposes for the first quarter of fiscal year 2005, 
     $1,200,000,000, to remain available until expended.
       For making payments to each State for carrying out the 
     program of Aid to Families with Dependent Children under 
     title IV-A of the Social Security Act before the effective 
     date of the program of Temporary Assistance for Needy 
     Families (TANF) with respect to such State, such sums as may 
     be necessary: Provided, That the sum of the amounts available 
     to a State with respect to expenditures under such title IV-A 
     in fiscal year 1997 under this appropriation and under such 
     title IV-A as amended by the Personal Responsibility and Work 
     Opportunity Reconciliation Act of 1996 shall not exceed the 
     limitations under section 116(b) of such Act.
       For making, after May 31 of the current fiscal year, 
     payments to States or other non-Federal entities under titles 
     I, IV-D, X, XI, XIV, and XVI of the Social Security Act and 
     the Act of July 5, 1960 (24 U.S.C. ch. 9), for the last 3 
     months of the current fiscal year for unanticipated costs, 
     incurred for the current fiscal year, such sums as may be 
     necessary.


                   low-income home energy assistance

       For making payments under title XXVI of the Omnibus Budget 
     Reconciliation Act of 1981, $1,800,000,000.
       For making payments under title XXVI of the Omnibus Budget 
     Reconciliation Act of 1981, $100,000,000, to remain available 
     until expended: Provided, That these funds are for the 
     unanticipated home energy assistance needs of one or more 
     States, as authorized by section 2604(e) of the Act, and 
     notwithstanding the designation requirement of section 
     2602(e).


                     refugee and entrant assistance

       For necessary expenses for refugee and entrant assistance 
     activities authorized by title IV of the Immigration and 
     Nationality Act and section 501 of the Refugee Education 
     Assistance

[[Page 31408]]

     Act of 1980 (Public Law 96-422), for carrying out section 462 
     of the Homeland Security Act of 2002 (Public Law 107-296), 
     and for carrying out section 5 of the Torture Victims Relief 
     Act of 1998 (Public Law 105-320), $450,276,000, of which up 
     to $9,968,000 shall be available to carry out the Trafficking 
     Victims Protection Act of 2000 (Public Law 106-386; division 
     A): Provided, That funds appropriated under this heading 
     pursuant to section 414(a) of the Immigration and Nationality 
     Act for fiscal year 2004 shall be available for the costs of 
     assistance provided and other activities, to remain available 
     through September 30, 2006.


   Payments to States for the Child Care and Development Block Grant

       For carrying out sections 658A through 658R of the Omnibus 
     Budget Reconciliation Act of 1981 (The Child Care and 
     Development Block Grant Act of 1990), $2,099,729,000 shall be 
     used to supplement, not supplant state general revenue funds 
     for child care assistance for low-income families: Provided, 
     That $19,120,000 shall be available for child care resource 
     and referral and school-aged child care activities, of which 
     $1,000,000 shall be for the Child Care Aware toll free 
     hotline: Provided further, That, in addition to the amounts 
     required to be reserved by the States under section 658G, 
     $272,672,000 shall be reserved by the States for activities 
     authorized under section 658G, of which $100,000,000 shall be 
     for activities that improve the quality of infant and toddler 
     care: Provided further, That $9,864,000 shall be for use by 
     the Secretary for child care research, demonstration, and 
     evaluation activities.


                      social services block grant

       For making grants to States pursuant to section 2002 of the 
     Social Security Act, $1,700,000,000: Provided, That 
     notwithstanding subparagraph (B) of section 404(d)(2) of such 
     Act, the applicable percent specified under such subparagraph 
     for a State to carry out State programs pursuant to title XX 
     of such Act shall be 10 percent.


                Children and Families Services Programs

       For carrying out, except as otherwise provided, the Runaway 
     and Homeless Youth Act, the Developmental Disabilities 
     Assistance and Bill of Rights Act, the Head Start Act, the 
     Child Abuse Prevention and Treatment Act, sections 310 and 
     316 of the Family Violence Prevention and Services Act, as 
     amended, the Native American Programs Act of 1974, title II 
     of Public Law 95-266 (adoption opportunities), the Adoption 
     and Safe Families Act of 1997 (Public Law 105-89), sections 
     1201 and 1211 of the Children's Health Act of 2000, the 
     Abandoned Infants Assistance Act of 1988, sections 261 and 
     291 of the Help America Vote Act of 2002, the Early Learning 
     Opportunities Act, part B(1) of title IV and sections 413, 
     429A, 1110, and 1115 of the Social Security Act, and sections 
     40155, 40211, and 40241 of Public Law 103-322; for making 
     payments under the Community Services Block Grant Act, 
     sections 439(h), 473A, and 477(i) of the Social Security Act, 
     and title IV of Public Law 105-285, and for necessary 
     administrative expenses to carry out said Acts and titles I, 
     IV, X, XI, XIV, XVI, and XX of the Social Security Act, the 
     Act of July 5, 1960 (24 U.S.C. ch. 9), the Omnibus Budget 
     Reconciliation Act of 1981, title IV of the Immigration and 
     Nationality Act, section 501 of the Refugee Education 
     Assistance Act of 1980, section 5 of the Torture Victims 
     Relief Act of 1998 (Public Law 105-320), sections 40155, 
     40211, and 40241 of Public Law 103-322, and section 126 and 
     titles IV and V of Public Law 100-485, $8,816,097,000, of 
     which $7,500,000, to remain available until September 30, 
     2005, shall be for grants to States for adoption incentive 
     payments, as authorized by section 473A of title IV of the 
     Social Security Act (42 U.S.C. 670-679) and may be made for 
     adoptions completed before September 30, 2004: Provided, That 
     funds appropriated in Public Law 108-7 for grants to States 
     as authorized by section 473A of title IV of the Social 
     Security Act shall also be available for adoption incentive 
     payments for adoptions completed before September 30, 2004: 
     Provided further, That $6,815,570,000 shall be for making 
     payments under the Head Start Act, of which $1,400,000,000 
     shall become available October 1, 2004 and remain available 
     through September 30, 2005: Provided further, That 
     $735,686,000 shall be for making payments under the Community 
     Services Block Grant Act: Provided further, That not less 
     than $7,227,000 shall be for section 680(3)(B) of the 
     Community Services Block Grant Act, as amended: Provided 
     further, That in addition to amounts provided herein, 
     $6,000,000 shall be available from amounts available under 
     section 241 of the Public Health Service Act to carry out the 
     provisions of section 1110 of the Social Security Act: 
     Provided further, That to the extent Community Services Block 
     Grant funds are distributed as grant funds by a State to an 
     eligible entity as provided under the Act, and have not been 
     expended by such entity, they shall remain with such entity 
     for carryover into the next fiscal year for expenditure by 
     such entity consistent with program purposes: Provided 
     further, That the Secretary shall establish procedures 
     regarding the disposition of intangible property which 
     permits grant funds, or intangible assets acquired with funds 
     authorized under section 680 of the Community Services Block 
     Grant Act, as amended, to become the sole property of such 
     grantees after a period of not more than 12 years after the 
     end of the grant for purposes and uses consistent with the 
     original grant: Provided further, That funds appropriated for 
     section 680(a)(2) of the Community Services Block Grant Act, 
     as amended, shall be available for financing construction and 
     rehabilitation and loans or investments in private business 
     enterprises owned by community development corporations: 
     Provided further, That $89,978,000 shall be for activities 
     authorized by the Runaway and Homeless Youth Act, 
     notwithstanding the allocation requirements of section 388(a) 
     of such Act, of which $40,505,000 is for the transitional 
     living program: Provided further, That $48,000,000 is for a 
     compassion capital fund to provide grants to charitable 
     organizations to emulate model social service programs and to 
     encourage research on the best practices of social service 
     organizations: Provided further, That $15,000,000 shall be 
     for activities authorized by the Help America Vote Act of 
     2002, of which $10,000,000 shall be for payments to States to 
     promote disabled voter access, and of which $5,000,000 shall 
     be for payments to States for disabled voters protection and 
     advocacy systems.


                   promoting safe and stable families

       For carrying out section 436 of the Social Security Act, 
     $305,000,000 and for section 437, $100,000,000.


       Payments to States for Foster Care and Adoption Assistance

       For making payments to States or other non-Federal entities 
     under title IV-E of the Social Security Act, $5,068,300,000.
       For making payments to States or other non-Federal entities 
     under title IV-E of the Act, for the first quarter of fiscal 
     year 2005, $1,767,700,000.
       For making, after May 31 of the current fiscal year, 
     payments to States or other non-Federal entities under 
     section 474 of title IV-E, for the last 3 months of the 
     current fiscal year for unanticipated costs, incurred for the 
     current fiscal year, such sums as may be necessary.

                        Administration on Aging


                        Aging Services Programs

       For carrying out, to the extent not otherwise provided, the 
     Older Americans Act of 1965, as amended, and section 398 of 
     the Public Health Service Act, $1,381,689,000, of which 
     $5,500,000 shall be available for activities regarding 
     medication management, screening, and education to prevent 
     incorrect medication and adverse drug reactions; and of which 
     $2,842,000 shall remain available until September 30, 2006, 
     for the White House Conference on Aging.

                        Office of the Secretary


                    General Departmental Management

       For necessary expenses, not otherwise provided, for general 
     departmental management, including hire of six sedans, and 
     for carrying out titles III, XVII, XX, and XXI of the Public 
     Health Service Act, and the United States-Mexico Border 
     Health Commission Act, $357,358,000, together with $5,851,000 
     to be transferred and expended as authorized by section 
     201(g)(1) of the Social Security Act from the Hospital 
     Insurance Trust Fund and the Supplemental Medical Insurance 
     Trust Fund: Provided, That of the funds made available under 
     this heading for carrying out title XX of the Public Health 
     Service Act, $11,885,000 shall be for activities specified 
     under section 2003(b)(2), of which $10,157,000 shall be for 
     prevention service demonstration grants under section 
     510(b)(2) of title V of the Social Security Act, as amended, 
     without application of the limitation of section 2010(c) of 
     said title XX: Provided further, That of this amount, 
     $49,838,000 is for minority AIDS prevention and treatment 
     activities; and $15,000,000 shall be for an Information 
     Technology Security and Innovation Fund for Department-wide 
     activities involving cybersecurity, information technology 
     security, and related innovation projects, and $5,000,000 is 
     to assist Afghanistan in the development of maternal and 
     child health clinics, consistent with section 103(a)(4)(H) of 
     the Afghanistan Freedom Support Act of 2002.


                      Office of Inspector General

       For expenses necessary for the Office of Inspector General 
     in carrying out the provisions of the Inspector General Act 
     of 1978, as amended, $39,497,000: Provided, That, of such 
     amount, necessary sums are available for providing protective 
     services to the Secretary and investigating non-payment of 
     child support cases for which non-payment is a Federal 
     offense under 18 U.S.C. 228.


                        office for civil rights

       For expenses necessary for the Office for Civil Rights, 
     $30,936,000, together with not to exceed $3,314,000 to be 
     transferred and expended as authorized by section 201(g)(1) 
     of the Social Security Act from the Hospital Insurance Trust 
     Fund and the Supplemental Medical Insurance Trust Fund.


                            policy research

       For carrying out, to the extent not otherwise provided, 
     research studies under section 1110 of the Social Security 
     Act and title III of the Public Health Service Act, 
     $20,750,000, which shall be available from amounts available 
     under section 241 of the Public Health Service Act to carry 
     out national health or human services research and evaluation 
     activities: Provided, That the expenditure of any funds 
     available under section 241 of the Public Health Service Act 
     are subject to the requirements of section 205 of this Act.


     Retirement Pay and Medical Benefits for Commissioned Officers

       For retirement pay and medical benefits of Public Health 
     Service Commissioned Officers as authorized by law, for 
     payments under the Retired Serviceman's Family Protection 
     Plan and Survivor Benefit Plan, for medical care of 
     dependents and retired personnel under the Dependents' 
     Medical Care Act (10 U.S.C. ch. 55 and 56), and for payments 
     pursuant to section 229(b) of the Social Security Act (42 
     U.S.C.

[[Page 31409]]

     429(b)), such amounts as may be required during the current 
     fiscal year. The following are definitions for the medical 
     benefits of the Public Health Service Commissioned Officers 
     that apply to 10 U.S.C. chapter 56, section 1116(c). The 
     source of funds for the monthly accrual payments into the 
     Department of Defense Medicare-Eligible Retiree Health Care 
     Fund shall be the Retirement Pay and Medical Benefits for 
     Commissioned Officers account. For purposes of this Act, the 
     term ``pay of members'' shall be construed to be synonymous 
     with retirement payments to United States Public Health 
     Service officers who are retired for age, disability, or 
     length of service; payments to survivors of deceased 
     officers; medical care to active duty and retired members and 
     dependents and beneficiaries; and for payments to the Social 
     Security Administration for military service credits; all of 
     which payments are provided for by the Retirement Pay and 
     Medical Benefits for Commissioned Officers account.


            public health and social services emergency fund

       For expenses necessary to support activities related to 
     countering potential biological, disease and chemical threats 
     to civilian populations, $1,726,846,000: Provided, That this 
     amount is distributed as follows: Centers for Disease Control 
     and Prevention, $1,116,156,000; Office of the Secretary, 
     $64,820,000; and Health Resources and Services 
     Administration, $545,870,000: Provided further, That at the 
     discretion of the Secretary of Health and Human Services, 
     these amounts may be transferred between categories subject 
     to normal reprogramming procedures: Provided further, That 
     employees of the Centers for Disease Control and Prevention 
     or the Public Health Service, both civilian and Commissioned 
     Officers, detailed to States, municipalities, or other 
     organizations under authority of section 214 of the Public 
     Health Service Act for purposes related to homeland security, 
     shall be treated as non-Federal employees for reporting 
     purposes only and shall not be included within any personnel 
     ceiling applicable to the Agency, Service, or the Department 
     of Health and Human Services during the period of detail or 
     assignment.
       In addition, for activities to ensure a year-round 
     influenza vaccine production capacity and the development and 
     implementation of rapidly expandable influenza vaccine 
     production technologies, $50,000,000, to remain available 
     until expended.

                           GENERAL PROVISIONS

       Sec. 201. Funds appropriated in this title shall be 
     available for not to exceed $50,000 for official reception 
     and representation expenses when specifically approved by the 
     Secretary.
       Sec. 202. The Secretary shall make available through 
     assignment not more than 60 employees of the Public Health 
     Service to assist in child survival activities and to work in 
     AIDS programs through and with funds provided by the Agency 
     for International Development, the United Nations 
     International Children's Emergency Fund or the World Health 
     Organization.
       Sec. 203. None of the funds appropriated under this Act may 
     be used to implement section 399F(b) of the Public Health 
     Service Act or section 1503 of the National Institutes of 
     Health Revitalization Act of 1993, Public Law 103-43.
       Sec. 204. None of the funds appropriated in this Act for 
     the National Institutes of Health, the Agency for Healthcare 
     Research and Quality, and the Substance Abuse and Mental 
     Health Services Administration shall be used to pay the 
     salary of an individual, through a grant or other extramural 
     mechanism, at a rate in excess of Executive Level I.
       Sec. 205. None of the funds appropriated in this Act may be 
     expended pursuant to section 241 of the Public Health Service 
     Act, except for funds specifically provided for in this Act, 
     or for other taps and assessments made by any office located 
     in the Department of Health and Human Services, prior to the 
     Secretary's preparation and submission of a report to the 
     Committee on Appropriations of the Senate and of the House 
     detailing the planned uses of such funds.
       Sec. 206. Notwithstanding section 241(a) of the Public 
     Health Service Act, such portion as the Secretary shall 
     determine, but not more than 2.2 percent, of any amounts 
     appropriated for programs authorized under said Act shall be 
     made available for the evaluation (directly, or by grants or 
     contracts) of the implementation and effectiveness of such 
     programs.


                          (transfer of funds)

       Sec. 207. Not to exceed 1 percent of any discretionary 
     funds (pursuant to the Balanced Budget and Emergency Deficit 
     Control Act of 1985, as amended) which are appropriated for 
     the current fiscal year for the Department of Health and 
     Human Services in this Act may be transferred between 
     appropriations, but no such appropriation shall be increased 
     by more than 3 percent by any such transfer: Provided, That 
     an appropriation may be increased by up to an additional 2 
     percent subject to approval by the House and Senate 
     Committees on Appropriations: Provided further, That the 
     Appropriations Committees of both Houses of Congress are 
     notified at least 15 days in advance of any transfer.
       Sec. 208. The Director of the National Institutes of 
     Health, jointly with the Director of the Office of AIDS 
     Research, may transfer up to 3 percent among institutes, 
     centers, and divisions from the total amounts identified by 
     these two Directors as funding for research pertaining to the 
     human immunodeficiency virus: Provided, That the Congress is 
     promptly notified of the transfer.
       Sec. 209. Of the amounts made available in this Act for the 
     National Institutes of Health, the amount for research 
     related to the human immunodeficiency virus, as jointly 
     determined by the Director of the National Institutes of 
     Health and the Director of the Office of AIDS Research, shall 
     be made available to the ``Office of AIDS Research'' account. 
     The Director of the Office of AIDS Research shall transfer 
     from such account amounts necessary to carry out section 
     2353(d)(3) of the Public Health Service Act.
       Sec. 210. None of the funds appropriated in this Act may be 
     made available to any entity under title X of the Public 
     Health Service Act unless the applicant for the award 
     certifies to the Secretary that it encourages family 
     participation in the decision of minors to seek family 
     planning services and that it provides counseling to minors 
     on how to resist attempts to coerce minors into engaging in 
     sexual activities.
       Sec. 211. None of the funds appropriated by this Act 
     (including funds appropriated to any trust fund) may be used 
     to carry out the Medicare+Choice program if the Secretary 
     denies participation in such program to an otherwise eligible 
     entity (including a Provider Sponsored Organization) because 
     the entity informs the Secretary that it will not provide, 
     pay for, provide coverage of, or provide referrals for 
     abortions: Provided, That the Secretary shall make 
     appropriate prospective adjustments to the capitation payment 
     to such an entity (based on an actuarially sound estimate of 
     the expected costs of providing the service to such entity's 
     enrollees): Provided further, That nothing in this section 
     shall be construed to change the Medicare program's coverage 
     for such services and a Medicare+Choice organization 
     described in this section shall be responsible for informing 
     enrollees where to obtain information about all Medicare 
     covered services.
       Sec. 212. Notwithstanding any other provision of law, no 
     provider of services under title X of the Public Health 
     Service Act shall be exempt from any State law requiring 
     notification or the reporting of child abuse, child 
     molestation, sexual abuse, rape, or incest.
       Sec. 213. The Foreign Operations, Export Financing, and 
     Related Programs Appropriations Act, 1990 (Public Law 101-
     167) is amended--
       (1) in section 599D (8 U.S.C. 1157 note)--
       (A) in subsection (b)(3), by striking ``1997, 1998, 1999, 
     2000, 2001, 2002, and 2003'' and inserting ``1997, 1998, 
     1999, 2000, 2001, 2002, 2003, and 2004''; and
       (B) in subsection (e), by striking ``October 1, 2003'' each 
     place it appears and inserting ``October 1, 2004'';
       (C) in subsection (b)(1)--
       (i) in subparagraph (A), by striking ``and'' at the end;
       (ii) in subparagraph (B), by striking the period and 
     inserting ``; and''; and
       (iii) by adding at the end the following:
       ``(C) one or more categories of aliens who are or were 
     nationals and residents of the Islamic Republic or Iran who, 
     as members of a religious minority in Iran, share common 
     characteristics that identify them as targets of persecution 
     in that state on account of race, religion, nationality, 
     membership in a particular social group, or political 
     opinion.''; and
       (2) in section 599E (8 U.S.C. 1255 note) in subsection 
     (b)(2), by striking ``September 30, 2003'' and inserting 
     ``September 30, 2004''.
       Sec. 214. (a) Except as provided by subsection (e) none of 
     the funds appropriated by this Act may be used to withhold 
     substance abuse funding from a State pursuant to section 1926 
     of the Public Health Service Act (42 U.S.C. 300x-26) if such 
     State certifies to the Secretary of Health and Human Services 
     by May 1, 2004 that the State will commit additional State 
     funds, in accordance with subsection (b), to ensure 
     compliance with State laws prohibiting the sale of tobacco 
     products to individuals under 18 years of age.
       (b) The amount of funds to be committed by a State under 
     subsection (a) shall be equal to 1 percent of such State's 
     substance abuse block grant allocation for each percentage 
     point by which the State misses the retailer compliance rate 
     goal established by the Secretary of Health and Human 
     Services under section 1926 of such Act.
       (c) The State is to maintain State expenditures in fiscal 
     year 2004 for tobacco prevention programs and for compliance 
     activities at a level that is not less than the level of such 
     expenditures maintained by the State for fiscal year 2003, 
     and adding to that level the additional funds for tobacco 
     compliance activities required under subsection (a). The 
     State is to submit a report to the Secretary on all fiscal 
     year 2003 State expenditures and all fiscal year 2004 
     obligations for tobacco prevention and compliance activities 
     by program activity by July 31, 2004.
       (d) The Secretary shall exercise discretion in enforcing 
     the timing of the State obligation of the additional funds 
     required by the certification described in subsection (a) as 
     late as July 31, 2004.
       (e) None of the funds appropriated by this Act may be used 
     to withhold substance abuse funding pursuant to section 1926 
     from a territory that receives less than $1,000,000.
       Sec. 215. In order for the Centers for Disease Control and 
     Prevention to carry out international health activities, 
     including HIV/AIDS and other infectious disease, chronic and 
     environmental disease, and other health activities abroad 
     during fiscal year 2004, the Secretary of Health and Human 
     Services--
       (1) may exercise authority equivalent to that available to 
     the Secretary of State in section 2(c) of the State 
     Department Basic Authorities Act of 1956 (22 U.S.C. 2669(c)). 
     The Secretary of Health

[[Page 31410]]

     and Human Services shall consult with the Secretary of State 
     and relevant Chief of Mission to ensure that the authority 
     provided in this section is exercised in a manner consistent 
     with section 207 of the Foreign Service Act of 1980 (22 
     U.S.C. 3927) and other applicable statutes administered by 
     the Department of State, and
       (2) is authorized to provide such funds by advance or 
     reimbursement to the Secretary of State as may be necessary 
     to pay the costs of acquisition, lease, alteration, 
     renovation, and management of facilities outside of the 
     United States for the use of the Department of Health and 
     Human Services. The Department of State shall cooperate fully 
     with the Secretary of Health and Human Services to ensure 
     that the Department of Health and Human Services has secure, 
     safe, functional facilities that comply with applicable 
     regulation governing location, setback, and other facilities 
     requirements and serve the purposes established by this Act. 
     The Secretary of Health and Human Services is authorized, in 
     consultation with the Secretary of State, through grant or 
     cooperative agreement, to make available to public or 
     nonprofit private institutions or agencies in participating 
     foreign countries, funds to acquire, lease, alter, or 
     renovate facilities in those countries as necessary to 
     conduct programs of assistance for international health 
     activities, including activities relating to HIV/AIDS and 
     other infectious diseases, chronic and environmental 
     diseases, and other health activities abroad.
       Sec. 216. The Division of Federal Occupational Health may 
     utilize personal services contracting to employ professional 
     management/administrative and occupational health 
     professionals.
       Sec. 217. Notwithstanding section 409B(c) of the Public 
     Health Service Act regarding a limitation on the number of 
     such grants, funds appropriated in this Act and Acts in 
     fiscal years thereafter may be expended by the Director of 
     the National Institutes of Health to award Core Center Grants 
     to encourage the development of innovative multidisciplinary 
     research and provide training concerning Parkinson's disease. 
     Each center funded under such grants shall be designated as a 
     Morris K. Udall Center for Research on Parkinson's Disease.
       Sec. 218. Not later than 90 days after the date of 
     enactment of this Act, the Director of the National 
     Institutes of Health shall submit to the appropriate 
     committees of Congress a report that shall--
       (1) contain the recommendations of the Director concerning 
     the role of the National Institutes of Health in promoting 
     the affordability of inventions and products developed with 
     Federal funds; and
       (2) specify whether any circumstances exist to prevent the 
     Director from promoting the affordability of inventions and 
     products developed with Federal funds.
       Sec. 219. Notwithstanding any other provisions of law, 
     funds made available under this heading may be used to 
     continue operating the Council on Graduate Medical Education 
     established by section 301 of Public Law 102-408.
       Sec.  220. Designation of Senator Paul D. Wellstone NIH 
     MDCRC Program. (a) Findings.--Congress finds the following:
       (1) On December 18, 2001, Public Law 107-84, otherwise 
     known as the Muscular Dystrophy Community Assistance, 
     Research and Education Amendments of 2001, or the MD CARE 
     Act, was signed into law to provide for research and 
     education with respect to various forms of muscular 
     dystrophy, including Duchenne, Becker, limb girdle, 
     congenital, facioscapulohumeral, myotonic, oculopharyngeal, 
     distal, and EmeryDreifuss muscular dystrophies.
       (2) In response to the MD CARE Act of 2001, in September 
     2002, the National Institutes of Health (NIH) announced its 
     intention to establish the Muscular Dystrophy Cooperative 
     Research Centers (MDCRC) program.
       (3) Senator Paul D. Wellstone was a driving force behind 
     enactment of the MD CARE Act, which led to the establishment 
     of the MDCRC program.
       (b) Designation.--The NIH Muscular Dystrophy Cooperative 
     Research Centers (MDCRC) program shall be known and 
     designated as the ``Senator Paul D. Wellstone Muscular 
     Dystrophy Cooperative Research Centers'', in honor of Senator 
     Paul D. Wellstone who was deceased on October 25, 2002.
       (c) References.--Any reference in a law, regulation, 
     document, paper, or other record of the United States to the 
     NIH program of Muscular Dystrophy Cooperative Research 
     Centers shall be deemed to be a reference to the ``Senator 
     Paul D. Wellstone Muscular Dystrophy Cooperative Research 
     Centers.
       Sec. 221. (a) Authority.--Notwithstanding any other 
     provision of law, the Director of the National Institutes of 
     Health may use funds available under section 402(i) of the 
     Public Health Service Act (42 U.S.C. 282(i)) to enter into 
     transactions (other than contracts, cooperative agreements, 
     or grants) to carry out research in support of the NIH 
     Roadmap Initiative of the Director.
       (b) Peer Review.--In entering into transactions under 
     subsection (a), the Director of the National Institutes of 
     Health may utilize such peer review procedures (including 
     consultation with appropriate scientific experts) as the 
     Director determines to be appropriate to obtain assessments 
     of scientific and technical merit. Such procedures shall 
     apply to such transactions in lieu of the peer review and 
     advisory council review procedures that would otherwise be 
     required under sections 301(a)(3), 405(b)(1)(B), 405(b)(2), 
     406(a)(3)(A), 492, and 494 of the Public Health Service Act 
     (42 U.S.C. 241, 284(b)(1)(B), 284(b)(2), 284a(a)(3)(A), 289a, 
     and 289c).
       Sec. 222. Section 307(c) of the Denali Commission Act of 
     1998 (42 U.S.C. 3121 note) is amended by striking ``is 
     authorized to make grants'' and inserting ``is authorized to 
     make interagency transfers''.
       This title may be cited as the ``Department of Health and 
     Human Services Appropriations Act, 2004''.

                   TITLE III--DEPARTMENT OF EDUCATION

                    Education for the Disadvantaged

       For carrying out title I of the Elementary and Secondary 
     Education Act of 1965 (``ESEA'') and section 418A of the 
     Higher Education Act of 1965, $14,528,522,000, of which 
     $6,983,169,000 shall become available on July 1, 2004, and 
     shall remain available through September 30, 2005, and of 
     which $7,383,301,000 shall become available on October 1, 
     2004, and shall remain available through September 30, 2005, 
     for academic year 2004-2005: Provided, That $7,107,283,000 
     shall be available for basic grants under section 1124: 
     Provided further, That up to $3,500,000 of these funds shall 
     be available to the Secretary of Education on October 1, 
     2003, to obtain annually updated educational-agency-level 
     census poverty data from the Bureau of the Census: Provided 
     further, That $1,365,031,000 shall be available for 
     concentration grants under section 1124A: Provided further, 
     That $1,969,843,000 shall be available for targeted grants 
     under section 1125: Provided further, That $1,969,843,000 
     shall be available for education finance incentive grants 
     under section 1125A: Provided further, That $235,000,000 
     shall be available for comprehensive school reform grants 
     under part F of the ESEA: Provided further, That from the 
     $8,842,000 available to carry out part E of title I, up to 
     $1,000,000 shall be available to the Secretary of Education 
     to provide technical assistance to state and local 
     educational agencies concerning part A of title I.

                               Impact Aid

       For carrying out programs of financial assistance to 
     federally affected schools authorized by title VIII of the 
     Elementary and Secondary Education Act of 1965, 
     $1,236,824,000, of which $1,070,000,000 shall be for basic 
     support payments under section 8003(b), $50,668,000 shall be 
     for payments for children with disabilities under section 
     8003(d), $46,208,000 shall be for construction under section 
     8007 and shall remain available through September 30, 2005, 
     $62,000,000 shall be for Federal property payments under 
     section 8002, and $7,948,000, to remain available until 
     expended, shall be for facilities maintenance under section 
     8008: Provided, That $1,500,000 of the funds for section 8007 
     shall be available for the local educational agencies and in 
     the amounts specified in the statement of the managers on the 
     conference report accompanying this Act: Provided further, 
     That, notwithstanding any other provision of law, these funds 
     shall remain available until expended.

                      School Improvement Programs

       For carrying out school improvement activities authorized 
     by titles II, part B of title IV, part A and subparts 6 and 9 
     of part D of title V, parts A and B of title VI, and parts B 
     and C of title VII of the Elementary and Secondary Education 
     Act of 1965 (``ESEA''); the McKinney-Vento Homeless 
     Assistance Act; and the Civil Rights Act of 1964, 
     $5,834,208,000, of which $4,282,199,000 shall become 
     available on July 1, 2004, and remain available through 
     September 30, 2005, and of which $1,435,000,000 shall become 
     available on October 1, 2004, and shall remain available 
     through September 30, 2005, for academic year 2004-2005: 
     Provided, That funds made available to carry out part B of 
     title VII of the ESEA may be used for construction, 
     renovation and modernization of any elementary school, 
     secondary school, or structure related to an elementary 
     school or secondary school, run by the Department of 
     Education of the State of Hawaii, that serves a predominantly 
     Native Hawaiian student body: Provided further, That from the 
     funds referred to in the preceding proviso, not less than 
     $1,000,000 shall be for a grant to the Department of 
     Education of the State of Hawaii for the activities described 
     in such proviso: Provided further, That funds made available 
     to carry out part C of title VII of the ESEA may be used for 
     construction: Provided further, That $391,600,000 shall be 
     for subpart 1 of part A of title VI of the ESEA: Provided 
     further, That $27,821,000 shall be available to carry out 
     part D of title V of the ESEA: Provided further, That no 
     funds appropriated under this heading may be used to carry 
     out section 5494 under the ESEA.

                            Indian Education

       For expenses necessary to carry out, to the extent not 
     otherwise provided, title VII, part A of the Elementary and 
     Secondary Education Act of 1965, $121,573,000.

                       Innovation and Improvement

       For carrying out activities authorized by parts G and H of 
     title I, subpart 5 of part A and parts C and D of title II, 
     parts B, C, and D of title V, and section 1504 of the 
     Elementary and Secondary Education Act of 1965 (``ESEA''), 
     $1,106,811,000: Provided, That $74,513,000 for continuing and 
     new grants to demonstrate effective approaches to 
     comprehensive school reform shall become available on July 1, 
     2004, and remain available through September 30, 2005, and 
     shall be allocated and expended in the same manner as the 
     funds provided under the Fund for the Improvement of 
     Education for this purpose were allocated and expended in 
     fiscal year 2003: Provided further, That $18,500,000 shall be 
     available to carry out section 2151(c) of the ESEA, of which 
     not less than $10,000,000 shall

[[Page 31411]]

     be provided to the National Board for Professional Teaching 
     Standards, not less than $7,000,000 shall be provided to the 
     National Council on Teacher Quality, and up to $1,500,000 may 
     be reserved by the Secretary to conduct an evaluation of 
     activities authorized by such section: Provided further, That 
     $430,463,000 shall be available to carry out part D of title 
     V of the ESEA: Provided further, That $177,271,000 of the 
     funds for subpart 1, part D of title V of the ESEA shall be 
     available for the projects and in the amounts specified in 
     the statement of the managers on the conference report 
     accompanying this Act.

                 Safe Schools and Citizenship Education

       For carrying out activities authorized by subpart 3 of part 
     C of title II, part A of title IV, and subparts 2, 3 and 10 
     of part D of title V of the Elementary and Secondary 
     Education Act of 1965 (``ESEA''), title VIII-D of the Higher 
     Education Amendments of 1998, and Public Law 102-73, 
     $862,813,000, of which $470,483,000 shall become available on 
     July 1, 2004 and remain available through September 30, 2005: 
     Provided, That of the amount available for subpart 2 of part 
     A of title IV of the ESEA, $850,000 shall be used to continue 
     the National Recognition Awards program under the same 
     guidelines outlined by section 120(f) of Public Law 105-244: 
     Provided further, That $445,483,000 shall be available for 
     subpart 1 of part A of title IV and $234,680,000 shall be 
     available for subpart 2 of part A of title IV: Provided 
     further, That $128,838,000 shall be available to carry out 
     part D of title V of the ESEA: Provided further, That of the 
     funds available to carry out subpart 3 of part C of title II, 
     up to $11,922,000 may be used to carry out section 2345 and 
     $2,980,000 shall be used by the Center for Civic Education to 
     implement a comprehensive program to improve public 
     knowledge, understanding, and support of the Congress and the 
     state legislatures: Provided further, That $25,000,000 shall 
     be for Youth Offender Grants, of which $5,000,000 shall be 
     used in accordance with section 601 of Public Law 102-73 as 
     that section was in effect prior to enactment of Public Law 
     105-220.

                      English Language Acquisition

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

                           Special Education

       For carrying out the Individuals with Disabilities 
     Education Act, $11,307,072,000, of which $5,604,762,000 shall 
     become available for obligation on July 1, 2004, and shall 
     remain available through September 30, 2005, and of which 
     $5,413,000,000 shall become available on October 1, 2004, and 
     shall remain available through September 30, 2005, for 
     academic year 2004-2005: Provided, That $11,400,000 shall be 
     for Recording for the Blind and Dyslexic to support the 
     development, production, and circulation of recorded 
     educational materials: Provided further, That $1,500,000 
     shall be for the recipient of funds provided by Public Law 
     105-78 under section 687(b)(2)(G) of the Act to provide 
     information on diagnosis, intervention, and teaching 
     strategies for children with disabilities: Provided further, 
     That the amount for section 611(c) of the Act shall be equal 
     to the amount available for that section during fiscal year 
     2003, increased by the amount of inflation as specified in 
     section 611(f)(1)(B)(ii) of the Act: Provided further, That 
     $6,879,000 of the funds for section 672 of the Act shall be 
     available for the projects and in the amounts specified in 
     the statement of the managers of the conference report 
     accompanying this Act.

            Rehabilitation Services and Disability Research

       For carrying out, to the extent not otherwise provided, the 
     Rehabilitation Act of 1973, the Assistive Technology Act of 
     1998, and the Helen Keller National Center Act, 
     $3,013,305,000, of which $1,000,000 shall be awarded to the 
     American Academy of Orthotists and Prosthetists for 
     activities that further the purposes of the grant received by 
     the Academy for the period beginning October 1, 2003, 
     including activities to meet the demand for orthotic and 
     prosthetic provider services and improve patient care: 
     Provided, That the funds provided for title I of the 
     Assistive Technology Act of 1998 (``the AT Act'') shall be 
     allocated notwithstanding section 105(b)(1) of the AT Act: 
     Provided further, That section 101(f) of the AT Act shall not 
     limit the award of an extension grant to three years: 
     Provided further, That no State or outlying area awarded 
     funds under section 101 shall receive less than the amount 
     received in fiscal year 2003: Provided further, That 
     $5,035,000 of the funds for section 303 of the Rehabilitation 
     Act of 1973 shall be available for the projects and in the 
     amounts specified in the statement of the managers of the 
     conference report accompanying this Act.

           Special Institutions for Persons With Disabilities


                 american printing house for the blind

       For carrying out the Act of March 3, 1879, as amended (20 
     U.S.C. 101 et seq.), $16,500,000.


               NATIONAL TECHNICAL INSTITUTE FOR THE DEAF

       For the National Technical Institute for the Deaf under 
     titles I and II of the Education of the Deaf Act of 1986 (20 
     U.S.C. 4301 et seq.), $53,800,000, of which $367,000 shall be 
     for construction and shall remain available until expended: 
     Provided, That from the total amount available, the Institute 
     may at its discretion use funds for the endowment program as 
     authorized under section 207.


                          GALLAUDET UNIVERSITY

       For the Kendall Demonstration Elementary School, the Model 
     Secondary School for the Deaf, and the partial support of 
     Gallaudet University under titles I and II of the Education 
     of the Deaf Act of 1986 (20 U.S.C. 4301 et seq.), 
     $100,800,000: Provided, That from the total amount available, 
     the University may at its discretion use funds for the 
     endowment program as authorized under section 207.

                     Vocational and Adult Education

       For carrying out, to the extent not otherwise provided, the 
     Carl D. Perkins Vocational and Technical Education Act of 
     1998, the Adult Education and Family Literacy Act, and 
     subparts 4 and 11 of part D of title V of the Elementary and 
     Secondary Education Act of 1965 (``ESEA''), $2,121,690,000, 
     of which $1,304,712,000 shall become available on July 1, 
     2004 and shall remain available through September 30, 2005 
     and of which $791,000,000 shall become available on October 
     1, 2004 and shall remain available through September 30, 
     2005: Provided, That notwithstanding any other provision of 
     law or any regulation, the Secretary of Education shall not 
     require the use of a restricted indirect cost rate for grants 
     issued pursuant to section 117 of the Carl D. Perkins 
     Vocational and Technical Education Act of 1998: Provided 
     further, That of the amount provided for Adult Education 
     State Grants, $69,545,000 shall be made available for 
     integrated English literacy and civics education services to 
     immigrants and other limited English proficient populations: 
     Provided further, That of the amount reserved for integrated 
     English literacy and civics education, notwithstanding 
     section 211 of the Adult Education and Family Literacy Act, 
     65 percent shall be allocated to States based on a State's 
     absolute need as determined by calculating each State's share 
     of a 10-year average of the Immigration and Naturalization 
     Service data for immigrants admitted for legal permanent 
     residence for the 10 most recent years, and 35 percent 
     allocated to States that experienced growth as measured by 
     the average of the 3 most recent years for which Immigration 
     and Naturalization Service data for immigrants admitted for 
     legal permanent residence are available, except that no State 
     shall be allocated an amount less than $60,000: Provided 
     further, That of the amounts made available for the Adult 
     Education and Family Literacy Act, $9,223,000 shall be for 
     national leadership activities under section 243 and 
     $6,732,000 shall be for the National Institute for Literacy 
     under section 242: Provided further, That $185,000,000 shall 
     be available to carry out part D of title V of the ESEA: 
     Provided further, That $175,000,000 shall be available to 
     support the activities authorized under subpart 4 of part D 
     of title V of the Elementary and Secondary Education Act of 
     1965, of which up to 5 percent shall become available October 
     1, 2003 and shall remain available through September 30, 
     2005, for evaluation, technical assistance, school 
     networking, peer review of applications, and program outreach 
     activities, and of which not less than 95 percent shall 
     become available on July 1, 2004, and remain available 
     through September 30, 2005, for grants to local educational 
     agencies: Provided further, That funds made available to 
     local education agencies under this subpart shall be used 
     only for activities related to establishing smaller learning 
     communities in high schools.

                      Student Financial Assistance

       For carrying out subparts 1, 3 and 4 of part A, part C and 
     part E of title IV of the Higher Education Act of 1965, as 
     amended, $14,090,430,000, which shall remain available 
     through September 30, 2005.
       The maximum Pell Grant for which a student shall be 
     eligible during award year 2004-2005 shall be $4,050.

                       Student Aid Administration

       For Federal administrative expenses (in addition to funds 
     made available under section 458), to carry out part D of 
     title I, and subparts 1, 3, and 4 of part A, and parts B, C, 
     D and E of title IV of the Higher Education Act of 1965, as 
     amended, $118,010,000.

                            Higher Education

       For carrying out, to the extent not otherwise provided, 
     section 121 and titles II, III, IV, V, VI, and VII of the 
     Higher Education Act of 1965 (``HEA''), as amended, section 
     1543 of the Higher Education Amendments of 1992, title VIII 
     of the Higher Education Amendments of 1998, and the Mutual 
     Educational and Cultural Exchange Act of 1961, 
     $2,094,511,000, of which $2,000,000 for interest subsidies 
     authorized by section 121 of the HEA shall remain available 
     until expended: Provided, That $9,935,000, to remain 
     available through September 30, 2005, shall be available to 
     fund fellowships for academic year 2005-2006 under part A, 
     subpart 1 of title VII of said Act, under the terms and 
     conditions of part A, subpart 1: Provided further, That 
     $994,000 is for data collection and evaluation activities for

[[Page 31412]]

     programs under the HEA, including such activities needed to 
     comply with the Government Performance and Results Act of 
     1993: Provided further, That notwithstanding any other 
     provision of law, funds made available in this Act to carry 
     out title VI of the HEA and section 102(b)(6) of the Mutual 
     Educational and Cultural Exchange Act of 1961 may be used to 
     support visits and study in foreign countries by individuals 
     who are participating in advanced foreign language training 
     and international studies in areas that are vital to United 
     States national security and who plan to apply their language 
     skills and knowledge of these countries in the fields of 
     government, the professions, or international development: 
     Provided further, That up to one percent of the funds 
     referred to in the preceding proviso may be used for program 
     evaluation, national outreach, and information dissemination 
     activities: Provided further, That $123,110,000 of the funds 
     for part B of title VII of the Higher Education Act of 1965 
     shall be available for the projects and in the amounts 
     specified in the statement of the managers of the conference 
     report accompanying this Act.

                           Howard University

       For partial support of Howard University (20 U.S.C. 121 et 
     seq.), $240,180,000, of which not less than $3,573,000 shall 
     be for a matching endowment grant pursuant to the Howard 
     University Endowment Act (Public Law 98-480) and shall remain 
     available until expended.

         College Housing and Academic Facilities Loans Program

       For Federal administrative expenses authorized under 
     section 121 of the Higher Education Act of 1965, $774,000 to 
     carry out activities related to existing facility loans 
     entered into under the Higher Education Act of 1965.

  Historically Black College and University Capital Financing Program 
                                Account

       The aggregate principal amount of outstanding bonds insured 
     pursuant to section 344 of title III, part D of the Higher 
     Education Act of 1965, shall not exceed $357,000,000, and the 
     cost, as defined in section 502 of the Congressional Budget 
     Act of 1974, of such bonds shall not exceed zero.
       For administrative expenses to carry out the Historically 
     Black College and University Capital Financing Program 
     entered into pursuant to title III, part D of the Higher 
     Education Act of 1965, as amended, $210,000.

                    Institute of Education Sciences

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

                        Departmental Management


                         Program Administration

       For carrying out, to the extent not otherwise provided, the 
     Department of Education Organization Act, including rental of 
     conference rooms in the District of Columbia and hire of 
     three passenger motor vehicles, $425,000,000, of which 
     $13,644,000, to remain available until expended, shall be for 
     building alterations and related expenses for the relocation 
     of Department staff to Potomac Center Plaza in Washington, 
     D.C.


                        OFFICE FOR CIVIL RIGHTS

       For expenses necessary for the Office for Civil Rights, as 
     authorized by section 203 of the Department of Education 
     Organization Act, $89,275,000.


                    OFFICE OF THE INSPECTOR GENERAL

       For expenses necessary for the Office of the Inspector 
     General, as authorized by section 212 of the Department of 
     Education Organization Act, $47,137,000.

                           GENERAL PROVISIONS

       Sec. 301. No funds appropriated in this Act may be used for 
     the transportation of students or teachers (or for the 
     purchase of equipment for such transportation) in order to 
     overcome racial imbalance in any school or school system, or 
     for the transportation of students or teachers (or for the 
     purchase of equipment for such transportation) in order to 
     carry out a plan of racial desegregation of any school or 
     school system.
       Sec. 302. None of the funds contained in this Act shall be 
     used to require, directly or indirectly, the transportation 
     of any student to a school other than the school which is 
     nearest the student's home, except for a student requiring 
     special education, to the school offering such special 
     education, in order to comply with title VI of the Civil 
     Rights Act of 1964. For the purpose of this section an 
     indirect requirement of transportation of students includes 
     the transportation of students to carry out a plan involving 
     the reorganization of the grade structure of schools, the 
     pairing of schools, or the clustering of schools, or any 
     combination of grade restructuring, pairing or clustering. 
     The prohibition described in this section does not include 
     the establishment of magnet schools.
       Sec. 303. No funds appropriated under this Act may be used 
     to prevent the implementation of programs of voluntary prayer 
     and meditation in the public schools.


                          (transfer of funds)

       Sec. 304. Not to exceed 1 percent of any discretionary 
     funds (pursuant to the Balanced Budget and Emergency Deficit 
     Control Act of 1985, as amended) which are appropriated for 
     the Department of Education in this Act may be transferred 
     between appropriations, but no such appropriation shall be 
     increased by more than 3 percent by any such transfer: 
     Provided, That the Appropriations Committees of both Houses 
     of Congress are notified at least 15 days in advance of any 
     transfer.
       Sec. 305. Special Study of Simplification of Need Analysis 
     and Application for Title IV Aid. (a) Study Required.--The 
     Advisory Committee on Student Financial Assistance 
     established by section 491 of the Higher Education Act of 
     1965 (20 U.S.C. 1098), hereafter in this section referred to 
     as ``the Advisory Committee'', shall conduct a thorough study 
     of the feasibility of simplifying the need analysis 
     methodology for all Federal student financial assistance 
     programs and the process of applying for such assistance.
       (b) Required Subjects of Study.--In performing the study, 
     the Advisory Committee shall, at a minimum, examine the 
     following:
       (1) whether the methodology used to calculate the expected 
     family contribution can be simplified without significant 
     adverse effects on program intent, costs, integrity, 
     delivery, and distribution of awards;
       (2) whether the number of data elements, and, accordingly, 
     the number and complexity of questions asked of students and 
     families, used to calculate the expected family contribution 
     can be reduced without such adverse effects;
       (3) whether the procedures for determining such data 
     elements, including determining and updating offsets and 
     allowances, is the most efficient, effective, and fair means 
     to determine a family's available income and assets;
       (4) whether the methodology used to calculate the expected 
     family contribution, specifically the consideration of income 
     earned by a dependent student and its effect on Pell grant 
     eligibility, is an effective and fair means to determine a 
     family's available income and a student's need;
       (5) whether the nature and timing of the application 
     required in section 483 (a)(1) of the Higher Education Act of 
     1965 (20 U.S.C. 1090(a)(1)), eligibility and award 
     determination, financial aid processing, and funds delivery 
     can be streamlined further for students and families, 
     institutions, and States;
       (6) whether it is feasible to allow students to complete 
     only those limited sections of the financial aid application 
     that apply to their specific circumstances and the State in 
     which they reside;
       (7) whether a widely disseminated printed form, or the use 
     of an Internet or other electronic means, can be developed to 
     notify individuals of an estimation of their approximate 
     eligibility for grant, work-study, and loan assistance upon 
     completion and verification of the simplified application 
     form;
       (8) whether information provided on other Federal forms 
     (such as the form applying for supplemental security income 
     under title XVI of the Social Security Act, the form for 
     applying for food stamps under the Food Stamp Act of 1977, 
     and the schedule for applying for the earned income tax 
     credit under section 32 of the Internal Revenue Code of 1986) 
     that are designed to determine eligibility for various 
     Federal need-based assistance programs could be used to 
     qualify potential students for the simplified needs test; and
       (9) whether any proposed changes to data elements 
     collected, in addition to those used to calculate expected 
     family contribution, or any proposed changes to the form's 
     design or the process of applying for aid, may have adverse 
     effects on program costs, integrity, delivery, or 
     distribution of awards, as well as, application development 
     or application processing.
       (c) Additional Considerations.--In conducting the 
     feasibility study, the Advisory Committee's primary objective 
     under this subsection shall be simplifying the financial aid 
     application forms and process and obtaining a substantial 
     reduction in the number of required data items. In carrying 
     out that objective, the Advisory Committee shall pay special 
     attention to the needs of low-income and moderate-income 
     students and families.
       (d) Consultation.--
       (1) In general.--The Advisory Committee shall consult with 
     a broad range of interested parties in higher education, 
     including parents and students, high school guidance 
     counselors, financial aid and other campus administrators, 
     appropriate State administrators, administrators of 
     intervention and outreach programs, and appropriate officials 
     from the Department of Education.
       (2) Forms design expert.--With the goal of making 
     significant changes to the form to make the questions more 
     easily understandable, the Advisory Committee shall consult a 
     forms design expert to ensure that its recommendations for 
     revision of the application form would assist in making the 
     form easily readable and understood by parents, students, and 
     other members of the public.
       (3) Congressional consultation.--The Advisory Committee 
     shall consult on a regular basis with the Committee on 
     Education and the Workforce of the House of Representatives 
     and the Committee on Health, Education, Labor, and Pensions 
     of the Senate in carrying out the feasibility study required 
     by this subsection.
       (4) Departmental consultation.--The Secretary of Education 
     shall provide such assistance to the Advisory Committee as is 
     requested

[[Page 31413]]

     and practicable in conducting the study required by this 
     subsection.
       (e) Reports.--
       (1) Interim report.--The Advisory Committee shall, not 
     later than six months after the date of enactment of this 
     Act, prepare and submit an interim report containing any such 
     legislative changes as the Advisory Committee recommends to 
     reform and simplify the needs analysis under part F of title 
     IV of the Higher Education Act of 1965 (20 U.S.C. 1087kk et 
     seq.) and forms and other requirements under such title to 
     the Committee on Education and the Workforce of the House of 
     Representatives, the Committee on Health, Education, Labor, 
     and Pensions of the Senate, and the Secretary of Education.
       (2) Final report.--The Advisory Committee shall, not later 
     than one year after the date of enactment of this Act, 
     prepare and submit a full final report on the study, 
     including recommendations for regulatory and administrative 
     changes required by this section, to the Committee on 
     Education and the Workforce of the House of Representatives, 
     the Committee on Health, Education, Labor, and Pensions of 
     the Senate, and the Secretary of Education.
       (f) Implementation.--The Secretary of Education shall 
     consult with the Committee on Education and the Workforce of 
     the House of Representatives and the Committee on Health, 
     Education, Labor, and Pensions of the Senate and shall 
     subsequently initiate a redesign of the form required by 
     section 483 of the Higher Education Act of 1965 (20 U.S.C. 
     1090). Such redesign shall include the testing of alternative 
     simplified versions of the free federal form. The Secretary 
     shall keep the Committee on Education and the Workforce of 
     the House of Representatives and the Committee on Health, 
     Education, Labor, and Pensions of the Senate fully and 
     currently informed on the progress of these efforts.
       (g) Postponement of Tax Table Update Pending Report and 
     Implementation.--The Secretary of Education shall not 
     implement or enforce for the award year 2004-2005 the annual 
     update to the allowances for State and other taxes in the 
     tables used in the Federal needs analysis methodology, as 
     prescribed by the Secretary on May 30, 2003 (68 Fed. Reg. 
     32473).
       Sec. 306. The Secretary of Education shall treat as timely 
     filed an application under section 8003 of the Elementary and 
     Secondary Education Act of 1965 from the local educational 
     agency for Hydaburg, Alaska, for a payment for fiscal year 
     2004, and shall process such application for payment, if the 
     Secretary has received the fiscal year 2004 application not 
     later than 30 days after the date of enactment of this Act.
       This title may be cited as the ``Department of Education 
     Appropriations Act, 2004''.

                       TITLE IV--RELATED AGENCIES

                      Armed Forces Retirement Home

       For expenses necessary for the Armed Forces Retirement Home 
     to operate and maintain the Armed Forces Retirement Home--
     Washington and the Armed Forces Retirement Home--Gulfport, to 
     be paid from funds available in the Armed Forces Retirement 
     Home Trust Fund, $65,279,000, of which $1,983,000 shall 
     remain available until expended for construction and 
     renovation of the physical plants at the Armed Forces 
     Retirement Home--Washington and the Armed Forces Retirement 
     Home--Gulfport.

             Corporation for National and Community Service


        Domestic Volunteer Service Programs, Operating Expenses

       For expenses necessary for the Corporation for National and 
     Community Service to carry out the provisions of the Domestic 
     Volunteer Service Act of 1973, as amended, $356,443,000: 
     Provided, That none of the funds made available to the 
     Corporation for National and Community Service in this Act 
     for activities authorized by section 122 of Part C of Title I 
     and Part E of Title II of the Domestic Volunteer Service Act 
     of 1973 shall be used to provide stipends or other monetary 
     incentives to volunteers or volunteer leaders whose incomes 
     exceed 125 percent of the national poverty level.

                  Corporation for Public Broadcasting

       For payment to the Corporation for Public Broadcasting, as 
     authorized by the Communications Act of 1934, an amount which 
     shall be available within limitations specified by that Act, 
     for the fiscal year 2006, $400,000,000: Provided, That no 
     funds made available to the Corporation for Public 
     Broadcasting by this Act shall be used to pay for receptions, 
     parties, or similar forms of entertainment for Government 
     officials or employees: Provided further, That none of the 
     funds contained in this paragraph shall be available or used 
     to aid or support any program or activity from which any 
     person is excluded, or is denied benefits, or is 
     discriminated against, on the basis of race, color, national 
     origin, religion, or sex: Provided further, That for fiscal 
     year 2004, in addition to the amounts provided above, 
     $50,000,000 shall be for costs related to digital program 
     production, development, and distribution, associated with 
     the transition of public broadcasting to digital 
     broadcasting, to be awarded as determined by the Corporation 
     in consultation with public radio and television licensees or 
     permittees, or their designated representatives: Provided 
     further, That for fiscal year 2004, in addition to the 
     amounts provided above, $10,000,000 shall be for the costs 
     associated with implementing the first phase of the next 
     generation interconnection system.

               Federal Mediation and Conciliation Service


                         Salaries and Expenses

       For expenses necessary for the Federal Mediation and 
     Conciliation Service to carry out the functions vested in it 
     by the Labor Management Relations Act, 1947 (29 U.S.C. 171-
     180, 182-183), including hire of passenger motor vehicles; 
     for expenses necessary for the Labor-Management Cooperation 
     Act of 1978 (29 U.S.C. 175a); and for expenses necessary for 
     the Service to carry out the functions vested in it by the 
     Civil Service Reform Act, Public Law 95-454 (5 U.S.C. ch. 
     71), $43,385,000, including $1,500,000, to remain available 
     through September 30, 2005, for activities authorized by the 
     Labor-Management Cooperation Act of 1978 (29 U.S.C. 175a): 
     Provided, That notwithstanding 31 U.S.C. 3302, fees charged, 
     up to full-cost recovery, for special training activities and 
     other conflict resolution services and technical assistance, 
     including those provided to foreign governments and 
     international organizations, and for arbitration services 
     shall be credited to and merged with this account, and shall 
     remain available until expended: Provided further, That fees 
     for arbitration services shall be available only for 
     education, training, and professional development of the 
     agency workforce: Provided further, That the Director of the 
     Service is authorized to accept and use on behalf of the 
     United States gifts of services and real, personal, or other 
     property in the aid of any projects or functions within the 
     Director's jurisdiction.

            Federal Mine Safety and Health Review Commission


                         Salaries and Expenses

       For expenses necessary for the Federal Mine Safety and 
     Health Review Commission (30 U.S.C. 801 et seq.), $7,774,000.

                Institute of Museum and Library Services

       For carrying out the Museum and Library Services Act of 
     1996, $262,596,000, to remain available until expended: 
     Provided, That of the amount provided, $125,000 shall be 
     awarded to the Alabama School of Math and Science at the 
     University of Alabama for technology upgrades and library 
     resources, $50,000 shall be awarded to the Alaska Moving 
     Image Preservation Association, Anchorage, Alaska to digitize 
     files/photos/videos of Alaskan history, $25,000 shall be 
     awarded to the Alex Haley House Museum, Henning, Tennessee 
     for care and preservation of collection, $500,000 shall be 
     awarded to the Allen County Historical Society, Lima, Ohio, 
     for the ``Move Our Past Forward'' project to expand and 
     develop exhibits for their Children's Discovery Museum 
     Center, $75,000 shall be awarded to the Allentown Art Museum, 
     Allentown, Pennsylvania, for educational programming for 
     school districts, $100,000 shall be awarded to the Alutiiq 
     Museum, Kodiak, Alaska to support programs to teach students 
     and adults how to develop traditional Native arts, $200,000 
     shall be awarded to the American Village Citizenship Trust, 
     Montevallo, Alabama for a national initiative for teaching 
     American history and civics, $100,000 shall be awarded to the 
     Arab Community Center for Economic and Social Services 
     (ACCESS), Dearborn, Michigan, for exhibits and museum 
     programs, $100,000 shall be awarded to the Ashland Community 
     Arts Center, Ashland, Ohio, for Arts in Downtown project, 
     $75,000 shall be awarded to the Athenaeum of Philadelphia, 
     Philadelphia, Pennsylvania, to preserve library materials and 
     access to information in the form of digital images on the 
     Internet, $500,000 shall be awarded to the Beth Medrash 
     Govoha, Lakewood, New Jersey, for equipment and exhibits for 
     the Holocaust Library, $400,000 shall be awarded to the 
     Bishop Museum in Hawaii for activities to preserve the 
     culture of Native Hawaiians, $400,000 shall be awarded to the 
     Bishop Museum in Hawaii to develop Native Hawaiian cultural 
     projects in collaboration with the Peabody Museum of 
     Massachusetts and an Alaskan museum, $900,000 shall be 
     awarded to the Burpee Museum of Natural History, Rockford, 
     Illinois, for community outreach and educational activities, 
     $100,000 shall be awarded to the Campbell Center for Historic 
     Preservation Studies, Mount Carroll, Illinois, for community 
     outreach and program planning, $200,000 shall be awarded to 
     the Chaldean Community Culture Center, West Bloomfield, 
     Michigan, for programs that promote Chaldean language, 
     history, culture and teacher training, $250,000 shall be 
     awarded to the Chapman University, Orange, California, for 
     technological infrastructure, $250,000 shall be awarded to 
     the Chartiers Valley Partnership, Inc., Carnegie, 
     Pennsylvania, for technological upgrades and educational 
     programs at the Andrew Carnegie Free Library, $113,000 shall 
     be awarded to the Children's Museum at La Habra, California, 
     for a Hands On English Program, $144,000 shall be awarded to 
     the Children's Museum of History, Natural History, Science 
     and Technology, Utica, New York, for technology improvements, 
     staffing and training, $400,000 shall be awarded to the 
     Cincinnati Museum Center at Union Terminal, Cincinnati, Ohio, 
     to develop and implement an integrated curriculum that will 
     utilize its resources in art, science, and history when 
     visiting the museum, $150,000 shall be awarded to the City of 
     Hemet, California, for Hemet Public Library, for library 
     materials and technological equipment, $387,000 shall be 
     awarded to the City of Whittier, California, for the Whittier 
     Public Library Children's Area and History Room, $250,000 
     shall be awarded to the Cleveland Health Museum, Cleveland 
     Ohio, for exhibits, $100,000 shall be awarded to the College 
     of Physicians of Philadelphia, Philadelphia, Pennsylvania, to 
     preserve medical library and art collection, $400,000 shall 
     be awarded to the Davenport Music History Museum in 
     Davenport, Iowa, $75,000 shall be awarded to the

[[Page 31414]]

     Delaware County Historical Society, Media, Pennsylvania, for 
     educational programs highlighting historical themes and sites 
     relating to Delaware County, $75,000 shall be awarded to the 
     East Stroudsburg University, East Stroudsburg, Pennsylvania 
     to preserve and develop exhibits for their Vintage Radio 
     Programs and Jazz Museum, $100,000 shall be awarded to the 
     Elmwood Zoo, Norristown, Pennsylvania for student education 
     programs, $75,000 shall be awarded to the Erie County, Erie, 
     Pennsylvania, for technology upgrades for the Erie County 
     Library, $100,000 shall be awarded to the Fender Museum of 
     the Arts Foundation, Corona, California, for the Kids Rock 
     Free educational program, $200,000 shall be awarded to the 
     Fine Arts Museums of San Francisco for the De Young Museum's 
     Art Education Program, $1,500,000 shall be awarded to the 
     Florida Holocaust Museum, St. Petersburg, Florida, for school 
     outreach program, $750,000 shall be awarded to the Florida 
     International Museum, St. Petersburg, Florida, for 
     professional activities, $1,600,000 shall be awarded to the 
     Folger Library, Washington, DC for exhibits, operations, and 
     public programs including education and outreach, $50,000 
     shall be awarded to the Forsyth County Public Library, 
     Winston-Salem, North Carolina, for salaries, supplies, 
     personnel and materials, $50,000 shall be awarded to the 
     Gault Family Learning Center, Wooster, Ohio, for PALS/
     Parenting Resource Center/Growing Together, $250,000 shall be 
     awarded to the General George S. Patton Jr. National Museum 
     of Cavalry and Armor, Fort Knox, Kentucky, $500,000 shall be 
     awarded to the George C. Marshall Foundation in Lexington, 
     Virginia, for exhibit design and development and collection 
     preservation, $500,000 shall be awarded to the Grout Museum, 
     Waterloo, Iowa, for exhibits and design of the Sullivan 
     Brothers Veterans Museum and Research Center, $200,000 shall 
     be awarded to the Heritage Harbor Museum of Providence, Rhode 
     Island for exhibit design and development relating Rhode 
     Island and American history, $150,000 shall be awarded to the 
     Hernando County Library System, Florida, for technology 
     improvements at West Hernando Branch Library, Brooksville 
     Main Library, Spring Hill Library, and East Hernando Branch 
     Library, $250,000 shall be awarded to the Hesperia Community 
     Library, Hesperia, California, $200,000 shall be awarded to 
     the Historical Society of Western Pennsylvania, Pittsburgh, 
     Pennsylvania for exhibit and curriculum development for the 
     Western Pennsylvania Sports Museum at the Senator John Heinz 
     Pittsburgh Regional History Center, $150,000 shall be awarded 
     to the Historical Society of Western Pennsylvania, 
     Pittsburgh, Pennsylvania for exhibit design and development 
     for the Meadowcraft Museum of Rural Life, $250,000 shall be 
     awarded to the Idaho State University, Pocatello, Idaho, for 
     a Virtual Idaho Museum of Natural History project, $50,000 
     shall be awarded to the Imaginarium Science Center, 
     Anchorage, Alaska to develop science exhibits and distance 
     delivery modules, $100,000 shall be awarded to the 
     International Museum of Women to develop exhibits on the 
     history of women's lives worldwide, $100,000 shall be awarded 
     to the International Storytelling Center, Jonesborough, 
     Tennessee, $100,000 shall be awarded to the James Ford Bell 
     Museum of Natural History, Minneapolis, Minnesota, to produce 
     detailed exhibit design and development, $100,000 shall be 
     awarded to the Kishacoquillas Valley Historical Society, 
     Allensville, Pennsylvania for care and preservation of 
     collection, $100,000 shall be awarded to the Lafayette 
     College, Easton, Pennsylvania, for technology updates to the 
     Skillman Library, $166,000 shall be awarded to the Madera 
     County Resource Management Agency, Madera, California, 
     $21,000 shall be awarded to the Magic House, Kirkwood, 
     Missouri for the development and design of interactive 
     exhibits and software to be used within The Magic Library to 
     support family literacy, $100,000 shall be awarded to the 
     Mary Meuser Memorial Library, Easton, Pennsylvania for 
     library upgrades, $250,000 shall be awarded to the 
     Metropolitan Museum of Art, New York, in conjunction with the 
     Fairbanks Museum of Art and the Anchorage Museum of History 
     and Art, for costs of mounting the exhibit and for costs 
     associated with bringing the exhibit to Alaska, $350,000 
     shall be awarded to the Michigan Space and Science Center, 
     Jackson, Michigan, for development of the strategic plan, 
     operational costs and personnel, $450,000 shall be awarded to 
     the Mississippi Department of Archives and History, Jackson, 
     Mississippi, to complete the preservation and restoration of 
     the Eudora Welty House, $75,000 shall be awarded to the 
     Mobile Museum of Art, Mobile, Alabama for equipment and 
     supplies, and for exhibit design and development, $100,000 
     shall be awarded to the Morehouse College Library, Atlanta, 
     Georgia for historical preservation of documents and records, 
     $100,000 shall be awarded to the Mother Bethel Foundation, 
     Philadelphia, Pennsylvania for care and preservation of 
     collection at the Richard Allen Museum, $225,000 shall be 
     awarded to the Museum of Aviation Foundation Inc., Warner 
     Robins, Georgia, $250,000 shall be awarded to the Museum of 
     Broadcast Communications, Chicago, Illinois for educational 
     programming, $1,000,000 shall be awarded to the Museum of 
     Science in Boston, Massachusetts, for technology upgrades and 
     equipment for the National Center for Technology Literacy, 
     $100,000 shall be awarded to the Mystic Seaport, the Museum 
     of America and the Sea, Mystic, Connecticut to support 
     collections, $50,000 shall be awarded to the National Canal 
     Museum, Easton, Pennsylvania, for educational programming and 
     exhibits on the use of transportation and industrial 
     technology along the Lehigh Canal, $400,000 shall be awarded 
     to the National Center for American Revolution, Wayne, 
     Pennsylvania, for exhibit design and curriculum development 
     for the Museum of the American Revolution at Valley Forge 
     National Historic Park, $50,000 shall be awarded to the 
     National Center for the Study of Civil Rights and African-
     American Culture, Alabama State University, Montgomery, 
     Alabama, for support of events leading into the 50th 
     anniversary of the Montgomery Bus Boycott, $500,000 shall be 
     awarded to the National Civil Rights Museum in Memphis for 
     exhibit design and development, and for educational programs, 
     $16,000 shall be awarded to the National Distance Running 
     Hall of Fame, Utica, New York, for display cases and to 
     establish new interactive displays, $500,000 shall be awarded 
     to the National Liberty Museum, Philadelphia, Pennsylvania 
     for a teacher training program to assist educators in 
     addressing violence in schools, $650,000 shall be awarded to 
     the National Mississippi River Museum and Aquarium in 
     Dubuque, Iowa for exhibits, $200,000 shall be awarded to the 
     National Museum of American Jewish History, Philadelphia, 
     Pennsylvania for online educational programming and 
     technology modernization, $1,000,000 shall be awarded to the 
     National Museum of Women in the Arts, Washington, DC, 
     $1,000,000 shall be awarded to the Native American Cultural 
     and Educational Authority, Oklahoma City, Oklahoma, for the 
     Oklahoma Native American Culture Center and Museum, to be 
     expended only upon meeting the matching requirements in Title 
     III, section 301(b)(2)(B) of Public Law 107-331, $300,000 
     shall be awarded to the Negro Leagues Baseball Museum, Kansas 
     City, Missouri, for exhibits for the Double Play Action 
     Center, $400,000 shall be awarded to the New York Botanical 
     Garden's Virtual Herbarium imaging project in Bronx, New 
     York, $900,000 shall be awarded to the New York Hall of 
     Science to develop, expand, and display science-related 
     educational materials, $420,000 shall be awarded to the 
     Niagara County Historical Society, Lockport, New York, to 
     create a state-of-the-art interpretive museum, $50,000 shall 
     be awarded to the Northwest Museum of Arts and Culture, 
     Spokane, Washington for the Star Nations Program, $210,000 
     shall be awarded to the O. Winston Link Museum, Roanoke, 
     Virginia, for displays and digitization, $150,000 shall be 
     awarded to the Piper's Opera House Programs, Inc., Virginia 
     City, Nevada for exhibit design and development, educational 
     programming, and technology modernization, $100,000 shall be 
     awarded to the Pittsburgh Children's Museum, Pittsburgh, 
     Pennsylvania, to expand arts and after-school programs for 
     at-risk children, $50,000 shall be awarded to the Placer 
     County Library, Auburn, California, to enhance library 
     collection through the purchase of library materials, 
     $977,000 shall be awarded to the Plano Community Library 
     District, Plano, Illinois, for expenses related to the 
     library, $725,000 shall be awarded to the Please Touch 
     Museum, Philadelphia, Pennsylvania, to develop educational 
     programs focusing on hands-on learning experiences, $100,000 
     shall be awarded to the Plumas County Library, Quincy, 
     California, for library materials, $25,000 shall be awarded 
     to the Putnam County Commissioners, Winfield, West Virginia, 
     for technology for the public library system in Putnam 
     County, $200,000 shall be awarded to the Rock and Roll Hall 
     of Fame and Museum, Cleveland, Ohio for the Rockin' the 
     Schools education program, $50,000 shall be awarded to the 
     Saint Tikhon's Theological Seminary, South Canaan, 
     Pennsylvania, for care and preservation of Russian artifacts, 
     $250,000 shall be awarded to the San Bernardino County, San 
     Bernardino, California for the San Bernardino County Museum, 
     $100,000 shall be awarded to the Serra Cooperative Library 
     System, San Diego, California, to provide Live Homework Help 
     Project to help students with expert tutors for real-time 
     online instructions, $100,000 shall be awarded to the Simon 
     Wiesenthal Center's Los Angeles Museum for Tolerance, Los 
     Angeles, California, for the Tools for Tolerance for 
     Educators program to provide teacher training in diversity, 
     tolerance and cooperation, $25,000 shall be awarded to the 
     Southern New Hampshire Services, Inc., Manchester, New 
     Hampshire, for exhibit acquisition for SEE Science Center, 
     $400,000 shall be awarded to the Speed Art Museum, 
     Louisville, Kentucky, $100,000 shall be awarded to the 
     Standing Bear Museum and Learning Center, Ponca City, 
     Oklahoma, $1,000,000 shall be awarded to the State Historical 
     Society of Iowa in Des Moines, Iowa for the development of 
     exhibits for the World Food Prize, $200,000 shall be awarded 
     to the Taft Museum of Art, Cincinnati, Ohio for educational 
     programming and exhibits, $1,000,000 shall be awarded to the 
     Tennessee State University African American History Museum, 
     Nashville, Tennessee to enhance the library facilities which 
     will include new exhibits, expanded archives, and research 
     programs, $24,000 shall be awarded to The Arts Guild of Old 
     Forge, Old Forge, New York, for the new exhibits spaces and 
     educational programs, $50,000 shall be awarded to the Tifton-
     Tift County Public Library, Tifton, Georgia, $60,000 shall be 
     awarded to the Tillamook County Library, Tillamook, Oregon 
     for design and development of exhibits and educational 
     programs, $100,000 shall be awarded to the Town of Greece, 
     Rochester, New York, for the Greece Public Library Security 
     program, $50,000 shall be awarded to the Tuskegee 
     Multicultural Center, Tuskegee, Alabama, to provide for 
     technology enhancements and installation of exhibits,

[[Page 31415]]

     $400,000 shall be awarded to the University of Idaho for 
     digital archiving and preservation of historically 
     significant American music and facilitating its access to 
     students and scholars nationwide, $500,000 shall be awarded 
     to the Vietnam Archives Center at Texas Tech University, 
     Lubbock, Texas, for technology infrastructure, $250,000 shall 
     be awarded to the Virginia Historical Society, Richmond, 
     Virginia, to assist with educational programmatic development 
     and for cataloging and archiving of business history records, 
     $100,000 shall be awarded to the Virginia Living Museum for 
     the expansion of its educational programs in its capital 
     campaign project, $100,000 shall be awarded to the 
     Westminster College Library, New Willmington, Pennsylvania 
     for technology upgrades and computers and community 
     programming, $600,000 shall be awarded to the WWII Victory 
     Memorial Museum, Auburn, Indiana, for interpretive dioramas, 
     education, research library and visual documentary, and 
     $100,000 shall be awarded to the Zimmer Children's Museum, 
     Los Angeles, California to expand the youTHink education 
     program.

                  Medicare Payment Advisory Commission


                         salaries and expenses

       For expenses necessary to carry out section 1805 of the 
     Social Security Act, $9,300,000, to be transferred to this 
     appropriation from the Federal Hospital Insurance and the 
     Federal Supplementary Medical Insurance Trust Funds.

        National Commission on Libraries and Information Science


                         Salaries and Expenses

       For necessary expenses for the National Commission on 
     Libraries and Information Science, established by the Act of 
     July 20, 1970 (Public Law 91-345, as amended), $1,000,000.

                     National Council on Disability


                         Salaries and Expenses

       For expenses necessary for the National Council on 
     Disability as authorized by title IV of the Rehabilitation 
     Act of 1973, as amended, $3,039,000.

                     National Labor Relations Board


                         Salaries and Expenses

       For expenses necessary for the National Labor Relations 
     Board to carry out the functions vested in it by the Labor-
     Management Relations Act, 1947, as amended (29 U.S.C. 141-
     167), and other laws, $244,073,000: Provided, That no part of 
     this appropriation shall be available to organize or assist 
     in organizing agricultural laborers or used in connection 
     with investigations, hearings, directives, or orders 
     concerning bargaining units composed of agricultural laborers 
     as referred to in section 2(3) of the Act of July 5, 1935 (29 
     U.S.C. 152), and as amended by the Labor-Management Relations 
     Act, 1947, as amended, and as defined in section 3(f) of the 
     Act of June 25, 1938 (29 U.S.C. 203), and including in said 
     definition employees engaged in the maintenance and operation 
     of ditches, canals, reservoirs, and waterways when maintained 
     or operated on a mutual, nonprofit basis and at least 95 
     percent of the water stored or supplied thereby is used for 
     farming purposes.

                        National Mediation Board


                         Salaries and Expenses

       For expenses necessary to carry out the provisions of the 
     Railway Labor Act, as amended (45 U.S.C. 151-188), including 
     emergency boards appointed by the President, $11,421,000.

            Occupational Safety and Health Review Commission


                         Salaries and Expenses

       For expenses necessary for the Occupational Safety and 
     Health Review Commission (29 U.S.C. 661), $9,863,000.

                       Railroad Retirement Board


                     dual benefits payments account

       For payment to the Dual Benefits Payments Account, 
     authorized under section 15(d) of the Railroad Retirement Act 
     of 1974, $119,000,000, which shall include amounts becoming 
     available in fiscal year 2004 pursuant to section 
     224(c)(1)(B) of Public Law 98-76; and in addition, an amount, 
     not to exceed 2 percent of the amount provided herein, shall 
     be available proportional to the amount by which the product 
     of recipients and the average benefit received exceeds 
     $119,000,000: Provided, That the total amount provided herein 
     shall be credited in 12 approximately equal amounts on the 
     first day of each month in the fiscal year.


          Federal Payments to the Railroad Retirement Accounts

       For payment to the accounts established in the Treasury for 
     the payment of benefits under the Railroad Retirement Act for 
     interest earned on unnegotiated checks, $150,000, to remain 
     available through September 30, 2005, which shall be the 
     maximum amount available for payment pursuant to section 417 
     of Public Law 98-76.


                      Limitation On Administration

       For necessary expenses for the Railroad Retirement Board 
     for administration of the Railroad Retirement Act and the 
     Railroad Unemployment Insurance Act, $101,300,000, to be 
     derived in such amounts as determined by the Board from the 
     railroad retirement accounts and from moneys credited to the 
     railroad unemployment insurance administration fund.


             Limitation on the Office of Inspector General

       For expenses necessary for the Office of Inspector General 
     for audit, investigatory and review activities, as authorized 
     by the Inspector General Act of 1978, as amended, not more 
     than $6,600,000, to be derived from the railroad retirement 
     accounts and railroad unemployment insurance account: 
     Provided, That none of the funds made available in any other 
     paragraph of this Act may be transferred to the Office; used 
     to carry out any such transfer; used to provide any office 
     space, equipment, office supplies, communications facilities 
     or services, maintenance services, or administrative services 
     for the Office; used to pay any salary, benefit, or award for 
     any personnel of the Office; used to pay any other operating 
     expense of the Office; or used to reimburse the Office for 
     any service provided, or expense incurred, by the Office.

                     Social Security Administration


                Payments to Social Security Trust Funds

       For payment to the Federal Old-Age and Survivors Insurance 
     and the Federal Disability Insurance trust funds, as provided 
     under sections 201(m), 228(g), and 1131(b)(2) of the Social 
     Security Act, $21,658,000.


                  supplemental security income program

       For carrying out titles XI and XVI of the Social Security 
     Act, section 401 of Public Law 92-603, section 212 of Public 
     Law 93-66, as amended, and section 405 of Public Law 95-216, 
     including payment to the Social Security trust funds for 
     administrative expenses incurred pursuant to section 
     201(g)(1) of the Social Security Act, $26,229,300,000, to 
     remain available until expended: Provided, That any portion 
     of the funds provided to a State in the current fiscal year 
     and not obligated by the State during that year shall be 
     returned to the Treasury.
       For making, after June 15 of the current fiscal year, 
     benefit payments to individuals under title XVI of the Social 
     Security Act, for unanticipated costs incurred for the 
     current fiscal year, such sums as may be necessary.
       For making benefit payments under title XVI of the Social 
     Security Act for the first quarter of fiscal year 2005, 
     $12,590,000,000, to remain available until expended.


                 limitation on administrative expenses

       For necessary expenses, including the hire of two passenger 
     motor vehicles, and not to exceed $15,000 for official 
     reception and representation expenses, not more than 
     $8,241,800,000 may be expended, as authorized by section 
     201(g)(1) of the Social Security Act, from any one or all of 
     the trust funds referred to therein: Provided, That not less 
     than $1,800,000 shall be for the Social Security Advisory 
     Board: Provided further, That unobligated balances of funds 
     provided under this paragraph at the end of fiscal year 2004 
     not needed for fiscal year 2004 shall remain available until 
     expended to invest in the Social Security Administration 
     information technology and telecommunications hardware and 
     software infrastructure, including related equipment and non-
     payroll administrative expenses associated solely with this 
     information technology and telecommunications infrastructure: 
     Provided further, That reimbursement to the trust funds under 
     this heading for expenditures for official time for employees 
     of the Social Security Administration pursuant to section 
     7131 of title 5, United States Code, and for facilities or 
     support services for labor organizations pursuant to 
     policies, regulations, or procedures referred to in section 
     7135(b) of such title shall be made by the Secretary of the 
     Treasury, with interest, from amounts in the general fund not 
     otherwise appropriated, as soon as possible after such 
     expenditures are made.
       In addition, $120,000,000 to be derived from administration 
     fees in excess of $5.00 per supplementary payment collected 
     pursuant to section 1616(d) of the Social Security Act or 
     section 212(b)(3) of Public Law 93-66, which shall remain 
     available until expended. To the extent that the amounts 
     collected pursuant to such section 1616(d) or 212(b)(3) in 
     fiscal year 2004 exceed $120,000,000, the amounts shall be 
     available in fiscal year 2005 only to the extent provided in 
     advance in appropriations Acts.
       From funds previously appropriated for this purpose, any 
     unobligated balances at the end of fiscal year 2003 shall be 
     available to continue Federal-State partnerships which will 
     evaluate means to promote Medicare buy-in programs targeted 
     to elderly and disabled individuals under titles XVIII and 
     XIX of the Social Security Act.


                      office of inspector general

                     (including transfer of funds)

       For expenses necessary for the Office of Inspector General 
     in carrying out the provisions of the Inspector General Act 
     of 1978, as amended, $24,500,000, together with not to exceed 
     $63,700,000, to be transferred and expended as authorized by 
     section 201(g)(1) of the Social Security Act from the Federal 
     Old-Age and Survivors Insurance Trust Fund and the Federal 
     Disability Insurance Trust Fund.
       In addition, an amount not to exceed 3 percent of the total 
     provided in this appropriation may be transferred from the 
     ``Limitation on Administrative Expenses'', Social Security 
     Administration, to be merged with this account, to be 
     available for the time and purposes for which this account is 
     available: Provided, That notice of such transfers shall be 
     transmitted promptly to the Committees on Appropriations of 
     the House and Senate.

                    United States Institute of Peace


                           Operating Expenses

       For necessary expenses of the United States Institute of 
     Peace as authorized in the United States Institute of Peace 
     Act, $17,200,000.

                      TITLE V--GENERAL PROVISIONS

       Sec. 501. The Secretaries of Labor, Health and Human 
     Services, and Education are authorized to transfer unexpended 
     balances of prior appropriations to accounts corresponding to 
     current

[[Page 31416]]

     appropriations provided in this Act: Provided, That such 
     transferred balances are used for the same purpose, and for 
     the same periods of time, for which they were originally 
     appropriated.
       Sec. 502. No part of any appropriation contained in this 
     Act shall remain available for obligation beyond the current 
     fiscal year unless expressly so provided herein.
       Sec. 503. (a) No part of any appropriation contained in 
     this Act shall be used, other than for normal and recognized 
     executive-legislative relationships, for publicity or 
     propaganda purposes, for the preparation, distribution, or 
     use of any kit, pamphlet, booklet, publication, radio, 
     television, or video presentation designed to support or 
     defeat legislation pending before the Congress or any State 
     legislature, except in presentation to the Congress or any 
     State legislature itself.
       (b) No part of any appropriation contained in this Act 
     shall be used to pay the salary or expenses of any grant or 
     contract recipient, or agent acting for such recipient, 
     related to any activity designed to influence legislation or 
     appropriations pending before the Congress or any State 
     legislature.
       Sec. 504. The Secretaries of Labor and Education are 
     authorized to make available not to exceed $28,000 and 
     $20,000, respectively, from funds available for salaries and 
     expenses under titles I and III, respectively, for official 
     reception and representation expenses; the Director of the 
     Federal Mediation and Conciliation Service is authorized to 
     make available for official reception and representation 
     expenses not to exceed $5,000 from the funds available for 
     ``Salaries and expenses, Federal Mediation and Conciliation 
     Service''; and the Chairman of the National Mediation Board 
     is authorized to make available for official reception and 
     representation expenses not to exceed $5,000 from funds 
     available for ``Salaries and expenses, National Mediation 
     Board''.
       Sec. 505. Notwithstanding any other provision of this Act, 
     no funds appropriated under this Act shall be used to carry 
     out any program of distributing sterile needles or syringes 
     for the hypodermic injection of any illegal drug.
       Sec. 506. (a) It is the sense of the Congress that, to the 
     greatest extent practicable, all equipment and products 
     purchased with funds made available in this Act should be 
     American-made.
       (b) In providing financial assistance to, or entering into 
     any contract with, any entity using funds made available in 
     this Act, the head of each Federal agency, to the greatest 
     extent practicable, shall provide to such entity a notice 
     describing the statement made in subsection (a) by the 
     Congress.
       (c) If it has been finally determined by a court or Federal 
     agency that any person intentionally affixed a label bearing 
     a ``Made in America'' inscription, or any inscription with 
     the same meaning, to any product sold in or shipped to the 
     United States that is not made in the United States, the 
     person shall be ineligible to receive any contract or 
     subcontract made with funds made available in this Act, 
     pursuant to the debarment, suspension, and ineligibility 
     procedures described in sections 9.400 through 9.409 of title 
     48, Code of Federal Regulations.
       Sec. 507. When issuing statements, press releases, requests 
     for proposals, bid solicitations and other documents 
     describing projects or programs funded in whole or in part 
     with Federal money, all grantees receiving Federal funds 
     included in this Act, including but not limited to State and 
     local governments and recipients of Federal research grants, 
     shall clearly state: (1) the percentage of the total costs of 
     the program or project which will be financed with Federal 
     money; (2) the dollar amount of Federal funds for the project 
     or program; and (3) percentage and dollar amount of the total 
     costs of the project or program that will be financed by non-
     governmental sources.
       Sec. 508. (a) None of the funds appropriated under this 
     Act, and none of the funds in any trust fund to which funds 
     are appropriated under this Act, shall be expended for any 
     abortion.
       (b) None of the funds appropriated under this Act, and none 
     of the funds in any trust fund to which funds are 
     appropriated under this Act, shall be expended for health 
     benefits coverage that includes coverage of abortion.
       (c) The term ``health benefits coverage'' means the package 
     of services covered by a managed care provider or 
     organization pursuant to a contract or other arrangement.
       Sec. 509. (a) The limitations established in the preceding 
     section shall not apply to an abortion--
       (1) if the pregnancy is the result of an act of rape or 
     incest; or
       (2) in the case where a woman suffers from a physical 
     disorder, physical injury, or physical illness, including a 
     life-endangering physical condition caused by or arising from 
     the pregnancy itself, that would, as certified by a 
     physician, place the woman in danger of death unless an 
     abortion is performed.
       (b) Nothing in the preceding section shall be construed as 
     prohibiting the expenditure by a State, locality, entity, or 
     private person of State, local, or private funds (other than 
     a State's or locality's contribution of Medicaid matching 
     funds).
       (c) Nothing in the preceding section shall be construed as 
     restricting the ability of any managed care provider from 
     offering abortion coverage or the ability of a State or 
     locality to contract separately with such a provider for such 
     coverage with State funds (other than a State's or locality's 
     contribution of Medicaid matching funds).
       Sec. 510. (a) None of the funds made available in this Act 
     may be used for--
       (1) the creation of a human embryo or embryos for research 
     purposes; or
       (2) research in which a human embryo or embryos are 
     destroyed, discarded, or knowingly subjected to risk of 
     injury or death greater than that allowed for research on 
     fetuses in utero under 45 CFR 46.208(a)(2) and section 498(b) 
     of the Public Health Service Act (42 U.S.C. 289g(b)).
       (b) For purposes of this section, the term ``human embryo 
     or embryos'' includes any organism, not protected as a human 
     subject under 45 CFR 46 as of the date of the enactment of 
     this Act, that is derived by fertilization, parthenogenesis, 
     cloning, or any other means from one or more human gametes or 
     human diploid cells.
       Sec. 511. (a) None of the funds made available in this Act 
     may be used for any activity that promotes the legalization 
     of any drug or other substance included in schedule I of the 
     schedules of controlled substances established by section 202 
     of the Controlled Substances Act (21 U.S.C. 812).
       (b) The limitation in subsection (a) shall not apply when 
     there is significant medical evidence of a therapeutic 
     advantage to the use of such drug or other substance or that 
     federally sponsored clinical trials are being conducted to 
     determine therapeutic advantage.
       Sec. 512. None of the funds made available in this Act may 
     be obligated or expended to enter into or renew a contract 
     with an entity if--
       (1) such entity is otherwise a contractor with the United 
     States and is subject to the requirement in section 4212(d) 
     of title 38, United States Code, regarding submission of an 
     annual report to the Secretary of Labor concerning employment 
     of certain veterans; and
       (2) such entity has not submitted a report as required by 
     that section for the most recent year for which such 
     requirement was applicable to such entity.
       Sec. 513. None of the funds made available in this Act may 
     be used to promulgate or adopt any final standard under 
     section 1173(b) of the Social Security Act (42 U.S.C. 1320d-
     2(b)) providing for, or providing for the assignment of, a 
     unique health identifier for an individual (except in an 
     individual's capacity as an employer or a health care 
     provider), until legislation is enacted specifically 
     approving the standard.
       Sec. 514. None of the funds made available in this Act may 
     be transferred to any department, agency, or instrumentality 
     of the United States Government, except pursuant to a 
     transfer made by, or transfer authority provided in, this Act 
     or any other appropriation Act.
       Sec. 515. (a) In General.--Amounts made available under 
     this Act for the administrative and related expenses for 
     departmental management for the Department of Labor, the 
     Department of Health and Human Services, and the Department 
     of Education shall be reduced on a pro rata basis by 
     $50,000,000: Provided, That not later than 15 days after the 
     enactment of this Act, the Director of the Office of 
     Management and Budget shall report to the House and Senate 
     Committees on Appropriations the accounts subject to the pro 
     rata reductions and the amount to be reduced in each account.
       (b) Limitation.--The reduction required by subsection (a) 
     shall not apply to the Food and Drug Administration and the 
     Indian Health Service.
       Sec. 516. None of the funds made available by this Act to 
     carry out the Library Services and Technology Act may be made 
     available to any library covered by paragraph (1) of section 
     224(f) of such Act (20 U.S.C. 9134(f)), as amended by the 
     Children's Internet Protections Act, unless such library has 
     made the certifications required by paragraph (4) of such 
     section.
       Sec. 517. None of the funds made available by this Act to 
     carry out part D of title II of the Elementary and Secondary 
     Education Act of 1965 may be made available to any elementary 
     or secondary school covered by paragraph (1) of section 
     2441(a) of such Act (20 U.S.C. 6777(a)), as amended by the 
     Children's Internet Protections Act and the No Child Left 
     Behind Act, unless the local educational agency with 
     responsibility for such covered school has made the 
     certifications required by paragraph (2) of such section.
       This division may be cited as the ``Departments of Labor, 
     Health and Human Services, and Education, and Related 
     Agencies Appropriations Act, 2004''.

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

                                 AN ACT

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

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

                                TITLE I

                      DEPARTMENT OF TRANSPORTATION

                        Office of the Secretary


                         Salaries and Expenses

       For necessary expenses of the Office of the Secretary, 
     $80,903,000, of which not to exceed $2,210,000 shall be 
     available for the immediate

[[Page 31417]]

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


                         Office of Civil Rights

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


           Transportation Planning, Research, and Development

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


                          Working Capital Fund

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


               Minority Business Resource Center Program

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


                       Minority Business Outreach

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


                        Payments to Air Carriers

                    (Airport and Airway Trust Fund)

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

                    Federal Aviation Administration


                               Operations

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


                        Facilities and Equipment

                    (airport and airway trust fund)

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

[[Page 31418]]

     not less than $3,000,000 is for contract audit services 
     provided by the Defense Contract Audit Agency: Provided 
     further, That of the funds provided under this heading, 
     $25,000,000 is available only for the Houston Area Air 
     Traffic System.


                        facilities and equipment

                    (airport and airway trust fund)

                              (rescission)

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


                 Research, Engineering, and Development

                    (airport and airway trust fund)

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


                       Grants-in-Aid for Airports

                (liquidation of contract authorization)

                      (limitation on obligations)

                    (airport and airway trust fund)

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


          General Provisions--Federal Aviation Administration

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

                     Federal Highway Administration


                 Limitation on Administrative Expenses

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


                          Federal-Aid Highways

                      (LIMITATION ON OBLIGATIONS)

                          (HIGHWAY TRUST FUND)

       None of the funds in this Act shall be available for the 
     implementation or execution of programs, the obligations for 
     which are in excess of $33,843,000,000 for Federal-aid 
     highways and highway safety construction programs for fiscal 
     year 2004: Provided, That within the $33,843,000,000 
     obligation limitation on Federal-aid highways and highway 
     safety construction programs, not more than $462,500,000 
     shall be available for the implementation or execution of 
     programs for transportation research (sections 502, 503, 504, 
     506, 507, and 508 of title 23, United States Code, as 
     amended; section 5505 of title 49, United States Code, as 
     amended; and sections 5112 and 5204-5209 of Public Law 105-
     178) for fiscal year 2004: Provided further, That this 
     limitation on transportation research programs shall not 
     apply to any authority previously made available for 
     obligation: Provided further, That within the $232,000,000 
     obligation limitation on Intelligent Transportation Systems, 
     the following sums shall be made available for Intelligent 
     Transportation System projects that are designed to achieve 
     the goals and purposes set forth in section 5203 of the 
     Intelligent Transportation Systems Act of 1998 (subtitle C of 
     title V of Public Law 105-178; 112 Stat. 453; 23 U.S.C. 502 
     note) in the following specified areas:
       City of Huntsville, Alabama, ITS, $4,500,000;
       511 Traveler Information Program in North Carolina, 
     $400,000;
       Advanced Ticket Collection and Passenger Information 
     Systems, New Jersey, $750,000;
       Advanced Traffic Analysis Center, North Dakota, $200,000;
       Advanced Transportation Management Systems (ATMS), 
     Montgomery County, Maryland, $500,000;
       Alameda Corridor-East Gateway to America Project Phase II, 
     Los Angeles, California, $1,200,000;
       Alexandria ITS Real-Time Transit Enhancement Pilot Project, 
     $410,000;
       Altarum Restricted Use Technology Study, $1,750,000;
       Altoona, Pennsylvania, ITS, $800,000;
       Amber Alert Multi-Regional Strategic Plan, $400,000;
       ATR Transportation Technology/CVISN, New Mexico, $175,000;
       Auburn, Auburn Way South ITS, Washington, $1,600,000;
       Bay County Area Wide Traffic Signal System, $750,000;
       Cargo Watch Logistics Information System, New York, 
     $2,500,000;
       Carson Passenger Information System, $300,000;
       CCTA Intelligent Transportation Systems, Vermont, $300,000;
       City of Baltimore, Maryland Traffic Congestion Management, 
     $200,000;
       City of Boston Intelligent Transportation Systems, 
     Massachusetts, $1,000,000;
       City of New Rochelle, NY Traffic Signal Replacement 
     Program, $500,000;
       City of Santa Rosa, Intelligent Transportation System, 
     $300,000;
       Clark County Transit, VAST ITS, Washington, $1,600,000;
       Computerization of traffic signals in Ashtabula, Ohio, 
     $14,000;
       Corona City-wide automated traffic management system, 
     $1,000,000;
       DelTrac Statewide Integration, Delaware, $1,000,000;
       Demonstration project to deploy Geospatial Emergency & 
     Response System (GEARS) for transportation, $150,000;
       Detroit Metro Airport ITS, $350,000;
       DuPage County Signal Interconnection Project, $300,000;

[[Page 31419]]

       Elk Grove Traffic Operations Center, $960,000;
       Fairfax County Route 1 Traffic Synchronization ITS Pilot 
     Project, $500,000;
       FAST Las Vegas (ITS--Phase 2)--Construction, $300,000;
       Fiber Optic Signal Interconnect System, Tuscon, Arizona, 
     $3,500,000;
       George Washington University, Virginia Campus, $500,000;
       Germantown Parkway ITS Project, Tennessee, $3,000,000;
       GMU ITS Research, Virginia, $500,000;
       Great Lakes ITS, Michigan, $3,000,000;
       Greater Philadelphia Chamber of Commerce ITS System, 
     Pennsylvania, $1,500,000;
       Harbor Boulevard Intelligent Transportation, $800,000;
       Hawthorne Street Public Access Improvements, New Bedford, 
     Massachusetts, $150,000;
       Hillsborough Area Regional Transit: Bus Tracking, 
     Communication and Security, Florida, $750,000;
       Houma, Louisiana, $1,250,000;
       Houston ITS, $1,500,000;
       I-70 Incident Management Plan Implementation, Colorado, 
     $2,500,000;
       I-87 Highway Speed E-Z Pass at the Woodbury Toll Barrier, 
     $1,750,000;
       I-87 Smart Corridor, $1,000,000;
       I-90 Phase 2 Connector ITS Testbed--Town of North 
     Greenbush--Rensselaer County, New York, $200,000;
       Illinois Statewide ITS, $3,000,000;
       Implementation of Wisconsin DOT's Fiber Optics Network, 
     $1,000,000;
       Integration and Implementation of DYNASMART-X, RHODES and 
     CLAIRE in Houston, Texas, $500,000;
       Intelligent Transportation System (Kansas City metro area), 
     $200,000;
       Intelligent Transportation Systems--Phases II and III, 
     Ohio, $700,000;
       Intelligent Transportation Systems Deployment Project, 
     Inglewood, California, $500,000;
       Intelligent Transportation Systems, City of Wichita Transit 
     Authority, $750,000;
       Intelligent Transportation Systems, Statewide and 
     Commercial Vehicle Information Systems Network, Maryland, 
     $750,000;
       Intelligent Transportation Systems, Washington, DC Region, 
     $500,000;
       Intersection Signalization Project for the City of Virginia 
     Beach, Virginia, $500,000;
       Iowa Transportation Systems, $750,000;
       ITS Baton Rouge, Louisiana, $1,250,000;
       ITS Expansion in Davis and Utah Counties, Utah, $1,250,000;
       ITS Logistics and Systems Management for the Gateway 
     Cities, $250,000;
       ITS Technologies, San Antonio, Texas, $200,000;
       ITS, Cache Valley, Utah, $1,000,000;
       Jacksonville Transportation Authority, Intelligent 
     Transportation Initiative--Regional Planning, Florida, 
     $750,000;
       King County, County-wide Signal Program, Washington, 
     $1,500,000;
       Lincoln, Nebraska StarTran Automatic Vehicle Locator 
     System, $1,000,000;
       Los Angeles MTA Regional Universal Fare System, $500,000;
       Macomb County ITS Integration, Michigan, $600,000;
       Maine Statewide ITS, $1,000,000;
       Market Street Signalization Improvements, $100,000;
       MARTA Automated Fare Collection/Smart Card System, Georgia, 
     $700,000;
       Metrolina Transportation Management Center, $1,750,000;
       Mid-America Surface Transportation Water Research 
     Institute, North Dakota, $500,000;
       Minnesota Guidestar, $1,250,000;
       Missouri Statewide Rural ITS, $4,000,000;
       Mobile Data Computer Network Phase II (MDCN), Wisconsin, 
     $2,200,000;
       Monroe County ATMS ITS Deployment Project, $800,000;
       Montachusett Area Regional Transit (MART) AVLS, 
     Massachusetts, $240,000;
       Multi Region Advanced Traveler Information System (ATIS) 
     for the IH-20 Corridor--Phase 1 in Texas, $550,000;
       Nebraska Statewide Intelligent Transportation System 
     Deployment, $1,000,000;
       New York State Thruway Authority Traffic Operation Package 
     for I-95 and I-87, $1,676,000;
       North Bergen, New Jersey Traffic Signalization Replacement, 
     $1,000,000;
       Oklahoma Statewide ITS, $4,000,000;
       Palm Tran, Palm Beach County, Florida--Automated Vehicle 
     Location and Mobile Data Terminals, $1,000,000;
       Portland State University Intelligent Transportation 
     Research Initiative, $400,000;
       Program of Projects, Washington, $2,000,000;
       Project Hoosier SAFE-T, $2,000,000;
       Real Time Transit Passenger Information System for the 
     Prince George's County Dept. of Public Works, Maryland, 
     $1,000,000;
       Regional Intelligent Transportation System, Springfield, 
     Missouri, $2,000,000;
       Regional ITS Architecture and Deployment Plan for the Eagle 
     Pass Region and Integrate with Laredo, $300,000;
       Roosevelt Boulevard ITS Enhancement Pilot Program, 
     $750,000;
       Rural Freeway Management System Implementation for the IH-
     20 Corridor in the Tyler Region--Phase 1, $200,000;
       Sacramento Area Council of Governments--ITS Projects, 
     California, $1,175,000;
       San Diego Joint Transportation Operations Center, $400,000;
       Seacoast Intelligent Transportation System Congestion 
     Relief Project, $1,000,000;
       Seattle City Center ITS, Washington, $2,500,000;
       Shreveport Intelligent Transportation System, Louisiana, 
     $1,000,000;
       South Carolina DOT Inroads Intelligent Transportation 
     System, $3,500,000;
       Spotswood Township, NJ; Expand and improve traffic flow 
     with road improvements, $250,000;
       SR 924 ITS Integration Project, $1,000,000;
       SR112 ITS Integration Project, $300,000;
       Statewide AVL Initiative, Nebraska, $300,000;
       Swatara Township, Pennsylvania--Traffic Signalization 
     Improvements, $100,000;
       TalTran ITS Smartbus Program, Florida, $1,750,000;
       Texas Medical Center EMS Early Warning Transportation 
     System, $1,000,000;
       Texas Statewide ITS Deployment and Integration, City of 
     Lubbock, $400,000;
       Texas Statewide ITS Deployment and Integration, Port of 
     Galveston, $400,000;
       Town of Cary Computerized Traffic Signal Project, North 
     Carolina, $800,000;
       Traffic Signal Controllers & Cabinets, District of 
     Columbia, $400,000;
       TRANSCOM Regional Architecture & TRANSMIT project, NJ, NY, 
     & CT, $500,000;
       Transportation Research Center (TRC) for Freight, Trade, 
     Security, and Economic Strength, Georgia, $500,000;
       Tukwila, Signalization Interconnect and Intelligent 
     Transportation, Washington, $1,400,000;
       Twin Cities, Minnesota Redundant Communications Pilot, 
     $1,000,000;
       Tysons Transportation Association--ITS, $250,000;
       University of Kentucky Transportation Center, $1,000,000;
       Ventura County Intelligent Transportation System, 
     $1,000,000;
       West Baton Rouge Parish Joint Operations Emergency 
     Communications Center, $800,000;
       Wisconsin CVISN Level One Deployment, $800,000; and
       Wyoming Statewide ITS Initiative, $4,000,000.


                          Federal-Aid Highways

                (liquidation of contract authorization)

                          (highway trust fund)

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


                          Federal-Aid Highways

           Miscellaneous Highway and Highway Safety Programs

                          (Highway Trust Fund)

       Notwithstanding any other provision of law, from the 
     available unobligated balances under the programs for which 
     funds are authorized under sections 1101(a)(1), 1101(a)(2), 
     1101(a)(3), 1101(a)(4), and 1101(a)(5) of Public Law 105-178, 
     as amended, $15,000,000 shall be made available for planning 
     and design activities, and initiation of construction of the 
     project at Pennsylvania Avenue in front of the White House; 
     $20,000,000 shall be made available to provide grants to 
     States for the development or enhancement of notification or 
     communications systems along highways for alerts and other 
     information for the recovery of abducted children under 
     section 303 of Public Law 108-21; $8,000,000 shall be made 
     available to the Federal Motor Carrier Safety Administration 
     to make grants to States for implementation of section 210 of 
     Public Law 106-159; $3,500,000 shall be made available to the 
     Federal Motor Carrier Safety Administration for necessary 
     operating expenses and personnel for implementation of 
     section 210 of Public Law 106-159; $23,000,000 shall be made 
     available to the Federal Motor Carrier Safety Administration 
     to make grants to States for southern border State operations 
     for the purposes described in 49 U.S.C. 31104(f)(2)(B); 
     $9,000,000 shall be made available to the Federal Motor 
     Carrier Safety Administration to make grants to States for 
     northern border truck inspections; $21,000,000 shall be made 
     available to the Federal Motor Carrier Safety Administration 
     to make grants to States, local governments, or other 
     entities for commercial driver's license program 
     improvements; $47,000,000 shall be made available to make 
     grants to States for construction of State border safety 
     inspection facilities at the United States border with 
     Mexico; and $150,545,000 shall be made available to the 
     National Highway Traffic Safety Administration for expenses 
     necessary to discharge the functions of the Secretary, with 
     respect to traffic and highway safety under chapter 301 of 
     title 49, United States Code, and part C of subtitle VI of 
     title 49, United States Code: Provided, That funds shall be 
     made available from a State's available unobligated balances 
     in the programs funded under sections 1101(a)(1) through (5) 
     of Public Law 105-178, as amended, in the ratio that the 
     State's total amount of funds apportioned under such programs 
     for fiscal year 2003 bears to the total amount of funds 
     apportioned to all States under such programs: Provided 
     further, That the funds made available under this heading may 
     be transferred by the Secretary to another Federal agency, 
     such funds to be then administered by the procedures of the 
     Federal agency to which such funds are transferred: Provided 
     further, That none of the funds provided to the National 
     Highway Traffic Safety Administration

[[Page 31420]]

     may be obligated or expended to plan, finalize, or implement 
     any rulemaking to add to section 575.104 of title 49 of the 
     Code of Federal Regulations any requirement pertaining to a 
     grading standard that is different from the three grading 
     standards (treadwear, traction, and temperature resistance) 
     already in effect: Provided further, That all funds made 
     available for obligation under this heading shall be 
     available in the same manner as though such funds were 
     apportioned under chapter one of title 23, United States 
     Code, except that the Federal share payable on account of any 
     program, project, or activity carried out with funds made 
     available under this heading shall be 100 percent and such 
     funds shall remain available for obligation until expended: 
     Provided further, That all funds made available under this 
     heading shall be subject to any limitation on obligations for 
     Federal-aid highways and highway safety construction programs 
     set forth in this Act or any other Act.

                          Federal-Aid Highways


                          (highway trust fund)

                              (RESCISSION)

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


                 Appalachian Development Highway System

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


           General Provisions--Federal Highway Administration

       Sec. 110. (a) For fiscal year 2004, the Secretary of 
     Transportation shall--
       (1) not distribute from the obligation limitation for 
     Federal-aid Highways amounts authorized for administrative 
     expenses and programs funded from the administrative takedown 
     authorized by section 104(a)(1)(A) of title 23, United States 
     Code, for the highway use tax evasion program, for the Bureau 
     of Transportation Statistics and for the programs, projects, 
     and activities for which funds are made available under the 
     heading ``Federal-Aid Highways, Miscellaneous Highway and 
     Highway Safety Programs'' in this Act;
       (2) not distribute an amount from the obligation limitation 
     for Federal-aid Highways that is equal to the unobligated 
     balance of amounts made available from the Highway Trust Fund 
     (other than the Mass Transit Account) for Federal-aid 
     highways and highway safety programs for the prior fiscal 
     years the funds for which are allocated by the Secretary;
       (3) determine the ratio that--
       (A) the obligation limitation for Federal-aid Highways less 
     the aggregate of amounts not distributed under paragraphs (1) 
     and (2), bears to
       (B) the total of the sums authorized to be appropriated for 
     Federal-aid highways and highway safety construction programs 
     (other than sums authorized to be appropriated for sections 
     set forth in paragraphs (1) through (7) of subsection (b) and 
     sums authorized to be appropriated for section 105 of title 
     23, United States Code, equal to the amount referred to in 
     subsection (b)(8)) for such fiscal year less the aggregate of 
     the amounts not distributed under paragraph (1) of this 
     subsection;
       (4) distribute the obligation limitation for Federal-aid 
     Highways less the aggregate amounts not distributed under 
     paragraphs (1) and (2) for section 201 of the Appalachian 
     Regional Development Act of 1965 and $2,000,000,000 for such 
     fiscal year under section 105 of title 23, United States Code 
     (relating to minimum guarantee) so that the amount of 
     obligation authority available for each of such sections is 
     equal to the amount determined by multiplying the ratio 
     determined under paragraph (3) by the sums authorized to be 
     appropriated for such section (except in the case of section 
     105, $2,000,000,000) for such fiscal year;
       (5) distribute the obligation limitation provided for 
     Federal-aid Highways less the aggregate amounts not 
     distributed under paragraphs (1) and (2) and amounts 
     distributed under paragraph (4) for each of the programs that 
     are allocated by the Secretary under title 23, United States 
     Code (other than activities to which paragraph (1) applies 
     and programs to which paragraph (4) applies) by multiplying 
     the ratio determined under paragraph (3) by the sums 
     authorized to be appropriated for such program for such 
     fiscal year; and
       (6) distribute the obligation limitation provided for 
     Federal-aid Highways less the aggregate amounts not 
     distributed under paragraphs (1) and (2) and amounts 
     distributed under paragraphs (4) and (5) for Federal-aid 
     highways and highway safety construction programs (other than 
     the minimum guarantee program, but only to the extent that 
     amounts apportioned for the minimum guarantee program for 
     such fiscal year exceed $2,639,000,000, and the Appalachian 
     development highway system program) that are apportioned by 
     the Secretary under title 23, United States Code, in the 
     ratio that--
       (A) sums authorized to be appropriated for such programs 
     that are apportioned to each State for such fiscal year, bear 
     to
       (B) the total of the sums authorized to be appropriated for 
     such programs that are apportioned to all States for such 
     fiscal year.
       (b) Exceptions From Obligation Limitation.--The obligation 
     limitation for Federal-aid Highways shall not apply to 
     obligations: (1) under section 125 of title 23, United States 
     Code; (2) under section 147 of the Surface Transportation 
     Assistance Act of 1978; (3) under section 9 of the Federal-
     Aid Highway Act of 1981; (4) under sections 131(b) and 131(j) 
     of the Surface Transportation Assistance Act of 1982; (5) 
     under sections 149(b) and 149(c) of the Surface 
     Transportation and Uniform Relocation Assistance Act of 1987; 
     (6) under sections 1103 through 1108 of the Intermodal 
     Surface Transportation Efficiency Act of 1991; (7) under 
     section 157 of title 23, United States Code, as in effect on 
     the day before the date of the enactment of the 
     Transportation Equity Act for the 21st Century; (8) under 
     section 105 of title 23, United States Code (but, only in an 
     amount equal to $639,000,000 for such fiscal year); and for 
     Federal-aid highway programs for which obligation authority 
     was made available under the Transportation Equity Act for 
     the 21st Century or subsequent public laws for multiple years 
     or to remain available until used, but only to the extent 
     that such obligation authority has not lapsed or been used.
       (c) Redistribution of Unused Obligation Authority.--
     Notwithstanding subsection (a), the Secretary shall after 
     August 1 for such fiscal year revise a distribution of the 
     obligation limitation made available under subsection (a) if 
     a State will not obligate the amount distributed during that 
     fiscal year and redistribute sufficient amounts to those 
     States able to obligate amounts in addition to those 
     previously distributed during that fiscal year giving 
     priority to those States having large unobligated balances of 
     funds apportioned under sections 104 and 144 of title 23, 
     United States Code, section 160 (as in effect on the day 
     before the enactment of the Transportation Equity Act for the 
     21st Century) of title 23, United States Code, and under 
     section 1015 of the Intermodal Surface Transportation 
     Efficiency Act of 1991 (105 Stat. 1943-1945).
       (d) Applicability of Obligation Limitations to 
     Transportation Research Programs.--The obligation limitation 
     shall apply to transportation research programs carried out 
     under chapter 5 of title 23, United States Code, except that 
     obligation authority made available for such programs under 
     such limitation shall remain available for a period of 3 
     fiscal years.
       (e) Redistribution of Certain Authorized Funds.--Not later 
     than 30 days after the date of the distribution of obligation 
     limitation under subsection (a), the Secretary shall 
     distribute to the States any funds: (1) that are authorized 
     to be appropriated for such fiscal year for Federal-aid 
     highways programs (other than the program under section 160 
     of title 23, United States Code) and for carrying out 
     subchapter I of chapter 311 of title 49, United States Code, 
     and highway-related programs under chapter 4 of title 23, 
     United States Code; and (2) that the Secretary determines 
     will not be allocated to the States, and will not be 
     available for obligation, in such fiscal year due to the 
     imposition of any obligation limitation for such fiscal year. 
     Such distribution to the States shall be made in the same 
     ratio as the distribution of obligation authority under 
     subsection (a)(6). The funds so distributed shall be 
     available for any purposes described in section 133(b) of 
     title 23, United States Code.
       (f) Special Rule.--Obligation limitation distributed for a 
     fiscal year under subsection (a)(4) of this section for a 
     section set forth in subsection (a)(4) shall remain available 
     until used and shall be in addition to the amount of any 
     limitation imposed on obligations for Federal-aid highway and 
     highway safety construction programs for future fiscal years.
       (g) Of the obligation authority distributed to a State 
     under subsection (a)(6), an mount of obligation authority 
     equal to the amount for each surface transportation project 
     in such State identified in section 115 of the statement of 
     managers accompanying this Act shall be available for 
     carrying out each project.
       (h) The obligation limitation made available for the 
     programs, projects, and activities for which funds are made 
     available under the heading ``Federal-Aid Highways, 
     Miscellaneous Highway and Highway Safety Program'' of this 
     Act shall remain available until used and shall be in 
     addition to the amount of any limitation imposed on 
     obligations for Federal-aid highway and highway safety 
     construction programs for future fiscal years.
       Sec. 111. Notwithstanding any other provision of law:
       (1) Section 1105(c) of the Intermodal Surface 
     Transportation Efficiency Act of 1991 (105 Stat. 2032; 112 
     Stat. 191; 115 Stat. 871) is amended--
       (A) in paragraph (42), by striking ``Fulton, Mississippi,'' 
     the first time that it appears and all that follows to the 
     end of the paragraph and inserting ``Fulton, Mississippi.''; 
     and
       (B) by adding at the end the following:
       ``(45) The United States Route 78 Corridor from Memphis, 
     Tennessee, to Corridor X of the Appalachian development 
     highway system near Fulton, Mississippi, and Corridor X of 
     the Appalachian development highway system extending from 
     near Fulton, Mississippi, to near Birmingham, Alabama.''.
       (2) Section 1105(e)(5) of the Intermodal Surface 
     Transportation Efficiency Act of 1991 (105 Stat. 2032; 115 
     Stat. 872) is amended--
       (A) in subparagraph (A) by striking ``(A) In general.--The 
     portions'' and all that follows through the end of the first 
     sentence and inserting:
       ``(A) In general.--The portions of the routes referred to 
     in subsection (c)(1), subsection (c)(3) (relating solely to 
     the Kentucky Corridor), clauses (i), (ii), and (except with 
     respect to Georgetown County) (iii) of subsection (c)(5)(B), 
     subsection (c)(9), subsections (c)(18) and (c)(20), 
     subsection (c)(36), subsection (c)(37), subsection (c)(40), 
     subsection (c)(42), and subsection (c)(45)

[[Page 31421]]

     that are not a part of the Interstate System are designated 
     as future parts of the Interstate System.''; and
       (B) by adding the following at the end of subparagraph 
     (B)(i): ``The route referred to in subsection (c)(45) is 
     designated as Interstate Route I-22.''.
       Sec. 112. Notwithstanding any other provision of law, in 
     section 1602 of the Transportation Equity Act for the 21st 
     Century--
       (1) item number 230 is amended by striking ``Monroe County 
     transportation improvements on Long Pond Road, Pattonwood 
     Road, and Lyell road'' and inserting ``Route 531/Brockport-
     Rochester Corridor in Monroe County, New York''.
       (2) Item number 1149 is amended by striking ``Traffic 
     Mitigation Project on William Street and Losson Road in 
     Cheektowaga'' and inserting ``Study and implement mitigation 
     and diversion options for William Street and Broadway Street 
     in Cheektowaga, I-90 Corridor Study; Interchange 53 to 
     Interchange 49, PIN 552830 and Cheektowaga Rails to Trails, 
     PIN 575508''.
       (3) Item number 476 is amended by striking ``Expand Perkins 
     Road in Baton Rouge'' and inserting ``Feasibility study, 
     design, and construction of a connector between Louisiana 
     Highway 1026 and I-12 in Livingston Parish''.
       (4) Item 4 of the table contained in section 1602 of the 
     Transportation Equity Act for the 21st Century, relating to 
     construction of a bike path in Michigan, is amended by 
     striking ``between Mount Clemens and New Baltimore'' and 
     inserting ``for the Macomb Orchard Trail in Macomb County''.
       (5) Item number 1077 is amended by striking ``Construct I-
     95-I-26 interchange, Orangeburg Co'' and inserting ``Expand 
     Transportation Research Center, South Carolina State 
     University, Orangeburg, SC''.
       (6) Item number 897 is amended by striking ``Upgrade Bishop 
     Ford Expressway/142nd St. interchange'' and inserting ``Road 
     upgrade and access road near the intersection of I-80 and I-
     57 in Country Club Hills, Illinois''.
       (7) Item number 436 is amended by inserting after ``Ohio 
     River Major Investment Study Project, Kentucky and Indiana'' 
     the following: ``, and preliminary engineering and right of 
     way acquisition associated with the project''.
       Sec. 113. Notwithstanding 31 U.S.C. 3302, funds received by 
     the Bureau of Transportation Statistics from the sale of data 
     products, for necessary expenses incurred pursuant to 49 
     U.S.C. 111 may be credited to the Federal-aid highways 
     account for the purpose of reimbursing the Bureau for such 
     expenses: Provided, That such funds shall be subject to the 
     obligation limitation for Federal-aid highways and highway 
     safety construction.
       Sec. 114. Intelligent Transportation Systems appropriations 
     made to the State of Wisconsin in Public Law 105-277, Public 
     Law 106-69, and Public Law 107-87 shall not be subject to the 
     limitations of Public Law 105-178, section 5208(d), 23 U.S.C. 
     502 note.
       Sec. 115. Notwithstanding any other provision of law, from 
     the available unobligated balances under the programs for 
     which funds are authorized under sections 1101(a)(1), 
     1101(a)(2), 1101(a)(3), 1101(a)(4), and 1101(a)(5) of Public 
     Law 105-178, as amended, of each State for which a project or 
     projects in such State identified under this section in the 
     statement of managers accompanying this Act shall be made 
     available for necessary expenses to carry out such project: 
     Provided, That the amount identified for each such project 
     shall be made available from the State's unobligated balance 
     in any of the five specified programs for which the project 
     would be eligible, such selection to be at the option of the 
     State: Provided further, That if a project is not otherwise 
     eligible for funding under one of the five programs, then 
     such project shall be deemed eligible and shall be funded 
     from the unobligated balance of funds made available for the 
     program for which funds are authorized under section 
     1101(a)(4) of Public Law 105-178, as amended, but not 
     including funds setaside pursuant to 133(d) of title 23, 
     United States Code: Provided further, That funds made 
     available under this section may, at the request of a State, 
     be transferred by the Secretary to another Federal agency to 
     carry out a project funded under this section, such funds to 
     be then administered by the procedures of the Federal agency 
     to which such funds may be transferred: Provided further, 
     That all funds made available for obligation under this 
     section shall be available in the same manner as though such 
     funds were apportioned under chapter one of title 23, United 
     States Code, except that the Federal share payable on account 
     of any program, project, or activity carried out with funds 
     made available under this heading shall be 100 percent and 
     such funds shall remain available for obligation until 
     expended: Provided further, That all funds made available in 
     this section shall be subject to any limitation on 
     obligations for Federal-aid highways and highway safety 
     construction programs set forth in this Act or any other Act.
       Sec. 116. Notwithstanding Public Law 105-178, section 
     5208(d), Intelligent Transportation Systems appropriations 
     for--
       (1) Wausau-Stevens Point-Wisconsin Rapids, Wisconsin, in 
     Public Law 105-277 and Public Law 106-69 shall be available 
     for use in the counties of Ashland, Barron, Bayfield, 
     Burnett, Chippewa, Douglas, Iron, Lincoln, Marathon, Polk, 
     Portage, Price, Rusk, Sawyer, Taylor, Washburn, Wood, Clark, 
     Langlade, and Oneida; and
       (2) the City of Superior and Douglas County, Wisconsin, in 
     Public Law 106-69 shall be available for use in the City of 
     Superior and northern Wisconsin.
       Sec. 117. (a) In General.--As soon as practicable after the 
     date of enactment of this Act, the Secretary of 
     Transportation shall enter into an agreement with the State 
     of Nevada, the State of Arizona, or both, to provide a method 
     of funding for construction of a Hoover Dam Bypass Bridge 
     from funds allocated for the Federal Lands Highway Program 
     under section 202(b) of title 23, United States Code.
       (b) Methods of Funding.--
       (1) The agreement entered into under subsection (a) shall 
     provide for funding in a manner consistent with the advance 
     construction and debt instrument financing procedures for 
     Federal-aid highways set forth in section 115 and 122 of 
     title 23, except that the funding source may include funds 
     made available under the Federal Lands Highway Program.
       (2) Eligibility for funding under this subsection shall not 
     be construed as a commitment, guarantee, or obligation on the 
     part of the United States to provide for payment of principal 
     or interest of an eligible debt financing instrument as so 
     defined in section 122, nor create a right of a third party 
     against the United States for payment under an eligible debt 
     financing instrument. The agreement entered into pursuant to 
     subsection (a) shall make specific reference to this 
     provision of law.
       (3) The provisions of this section do not limit the use of 
     other available funds for which the project referenced in 
     subsection (a) is eligible.
       Sec. 118. Section 1108 of the Intermodal Surface 
     Transportation Efficiency Act of 1991, item number 8, is 
     amended by striking ``To relocate'' and all that follows 
     through ``Street'' and inserting the following, ``For road 
     improvements and non-motorized enhancements in the Detroit 
     East Riverfront, Detroit, Michigan''.
       Sec. 119. The funds provided under the heading 
     ``Transportation and Community and System Preservation 
     Program'' in Conference Report 106-940 for the Lodge Freeway 
     pedestrian overpass, Detroit, Michigan, shall be transferred 
     to, and made available for, enhancements in the East 
     Riverfront, Detroit, Michigan.
       Sec. 120. The funds provided under the heading 
     ``Transportation and Community and System Preservation 
     Program'' in Conference Report 107-308 for the Eastern Market 
     pedestrian overpass park, shall be transferred to, and made 
     available for, enhancements in the East Riverfront, Detroit, 
     Michigan.
       Sec. 121. Kansas Recreation Areas. Any unexpended balances 
     of the amounts made available by the Consolidated 
     Appropriations Resolution, 2003 (Public Law 108-7) from the 
     Federal-aid highway account for improvements to Council Grove 
     Lake, Kansas, shall be available to make improvements to 
     Richey Cove, Santa Fe Recreation Area, Canning Creek 
     Recreation Area, and other areas in the State of Kansas.
       Sec. 122. Section 330 of Public Law 108-7 is amended to 
     read as follows: In addition to amounts otherwise made 
     available in this Act, to enable the Secretary of 
     Transportation to make grants for surface transportation 
     projects, $90,600,000 to remain available until expended: 
     Provided, That notwithstanding any other provision of law, 
     the surface transportation projects identified in the Joint 
     Explanatory Statement of the Committee of Conference 
     accompanying this Act are also eligible for funding made 
     available by the immediately preceding clause of this 
     provision: Provided further, That notwithstanding any other 
     provision of law and the immediately preceding clause of this 
     provision, the Secretary of Transportation may use amounts 
     made available by this section to make grants for any surface 
     transportation project otherwise eligible for funding under 
     title 23 or title 49 of the United States Code.
       Sec. 123. (a) Section 14501 of title 40, United States Code 
     is amended in the third sentence by striking ``three thousand 
     and twenty-five'' and inserting ``three thousand and 
     ninety''.
       (b) There is hereby designated as Corridor X-1 in Alabama 
     an addition to the Appalachian development highway system. 
     Corridor X-1 shall extend approximately sixty-five miles 
     along the alignment of the Birmingham Northern Beltline from 
     Interstate 20/59, in the vicinity of Interstate 459 southwest 
     of Birmingham, and extending northward crossing State Route 
     269 and Corridor X and continuing eastward crossing 
     Interstate 65, United States Route 31, State Route 79, State 
     Route 75, Interstate 59, United States Route 11, United 
     States Route 411, and connecting to Interstate 20 to the east 
     of Birmingham. Corridor X-1 shall be developed as a multi-
     lane freeway, with interchanges at appropriate crossroad 
     locations.
       Sec. 124. Motorist Information Concerning Pharmacy 
     Services. (a) In General.--Not later than 180 days after the 
     date of enactment of this Act, the Secretary of 
     Transportation shall amend the Manual on Uniform Traffic 
     Control Devices to include a provision permitting information 
     to be provided to motorists to assist motorists in locating 
     licensed 24-hour pharmacy services open to the public.
       (b) Logo Panel.--The provision under subsection (a) may 
     allow placement of a logo panel that displays information 
     disclosing the names or logos of pharmacies described in 
     subsection (a) that are located within 3 miles of an 
     interchange on the Federal-aid system (as defined in section 
     101 of title 23, United States Code).
       Sec. 125. Notwithstanding any other provision of law, funds 
     obligated for pre-implementation costs, project design, and 
     implementation costs of the I-15 Congestion Pricing Project, 
     also known as the I-15 FasTrack project located in the city 
     of San Diego shall be eligible for funding the costs incurred 
     under such project. The

[[Page 31422]]

     Federal share payable for the total cost of the project shall 
     not exceed 80 percent.
       Sec. 126. The project name in House Report 108-10, 
     delineating projects referenced in Division I, Section 330, 
     of the Fiscal Year 2003 Omnibus Appropriations Act, Public 
     Law 108-7, is amended by striking ``Freight Enhancement KY 
     Highlands, Kentucky,'' and inserting ``Kentucky Highlands, 
     Freight Enhancement Revolving Loan Fund, Kentucky''. 
     Notwithstanding any other provision of law, such revolving 
     loan fund shall be eligible for the funding made available 
     under this section and administered consistent with section 
     1511 of Public Law 105-178, except that such assistance shall 
     be to assist in financing freight enhancement projects and 
     that capitalization of such fund shall be limited to the 
     amount made available by Division I, Section 330 of Public 
     Law 108-7.
       Sec. 127. The amount made available for obligation in 
     fiscal year 2003 for the project Kannapolis Parkway & 
     Interstate 85 Interchange-Kannapolis, North Carolina as 
     specified in section 329 of Public Law 108-7 and on page 1317 
     of the Joint Committee of the Conference pursuant to the 
     Joint Resolution Making Consolidated Appropriations for 
     fiscal year 2003 shall be reprogrammed and transferred to and 
     made available for obligation for ``Kannapolis Industrial 
     Park Access Road-Kannapolis, North Carolina''.
       Sec. 128. Section 378 of the Department of Transportation 
     and Related Agencies Appropriations Act, 2001 (as enacted 
     into law by Public Law 106-346; 114 Stat. 1356A-40) is 
     amended by striking ``$5,000,000 for improvements to US 73 
     from State Avenue North to Marxen Road in Wyandotte County, 
     Kansas'' and inserting ``$5,000,000 for improvements to US 73 
     from State Avenue north to Marxen Road, and along US 73 on 
     State Avenue eastward to its terminus at I-435, in Wyandotte 
     County, Kansas''.
       Sec. 129. Section 375 of division I of the Consolidated 
     Appropriations Resolution, 2003 (117 Stat. 428) is amended by 
     inserting before the period at the end the following: ``, 
     including construction of a connector road between the newly 
     relocated State Route 1045 and Saint Vincent College, 
     Latrobe, PA''.

              Federal Motor Carrier Safety Administration


                          Motor Carrier Safety

                 limitation on administrative expenses

                (liquidation of contract authorization)

                          (highway trust fund)

                     (including transfer of funds)

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


                 National Motor Carrier Safety Program

                (liquidation of contract authorization)

                      (limitation on obligations)

                          (highway trust fund)

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


    General Provisions--Federal Motor Carrier Safety Administration

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

             National Highway Traffic Safety Administration


                        Operations and Research

                (liquidation of contract authorization)

                      (limitation on obligations)

                          (highway trust fund)

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


                        National Driver Register

                          (highway trust fund)

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


                     Highway Traffic Safety Grants

                (liquidation of contract authorization)

                      (limitation on obligations)

                          (highway trust fund)

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


   General Provisions--National Highway Traffic Safety Administration

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

                    Federal Railroad Administration


                         Safety and Operations

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


                   Railroad Research and Development

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


            Railroad Rehabilitation and Improvement Program

        The Secretary of Transportation is authorized to issue to 
     the Secretary of the Treasury notes

[[Page 31423]]

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


                    Next Generation High-Speed Rail

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


                     Alaska Railroad Rehabilitation

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


         Grants to the National Railroad Passenger Corporation

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


          General Provisions--Federal Railroad Administration

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

                     Federal Transit Administration


                        Administrative Expenses

       For necessary administrative expenses of the Federal 
     Transit Administration's programs authorized by chapter 53 of 
     title 49, United States Code, $15,100,000: Provided, That no 
     more than $75,500,000 of budget authority shall be available 
     for these purposes: Provided further, That of the funds 
     available not to exceed $970,938 shall be available for the 
     Office of the Administrator; not to exceed $6,755,434 shall 
     be available for the Office of Administration; not to exceed 
     $3,892,622 shall be available for the Office of the Chief 
     Counsel; not to exceed $1,168,780 shall be available for the 
     Office of Communication and Congressional Affairs; not to 
     exceed $7,157,766 shall be available for the Office of 
     Program Management; not to exceed $6,231,332 shall be 
     available for the Office of Budget and Policy; not to exceed 
     $4,854,892 shall be available for the Office of Demonstration 
     and Innovation; not to

[[Page 31424]]

     exceed $2,717,034 shall be available for the Office of Civil 
     Rights; not to exceed $3,667,320 shall be available for the 
     Office of Planning; not to exceed $19,050,044 shall be 
     available for regional offices; and not to exceed $16,838,838 
     shall be available for the central account: Provided further, 
     That the Administrator is authorized to transfer funds 
     appropriated for an office of the Federal Transit 
     Administration: Provided further, That no appropriation for 
     an office shall be increased or decreased by more than 3 
     percent by all such transfers: Provided further, That any 
     change in funding greater than 3 percent shall be submitted 
     for approval to the House and Senate Committees on 
     Appropriations: Provided further, That of the funds in this 
     Act available for the execution of contracts under section 
     5327(c) of title 49, United States Code, $2,000,000 shall be 
     reimbursed to the Department of Transportation's Office of 
     Inspector General for costs associated with audits and 
     investigations of transit-related issues, including reviews 
     of new fixed guideway systems: Provided further, That not 
     less than $2,200,000 for the National transit database shall 
     remain available until expended: Provided further, That upon 
     submission to the Congress of the fiscal year 2005 
     President's budget, the Secretary of Transportation shall 
     transmit to Congress the annual report on new starts, 
     proposed allocations of funds for fiscal year 2005: Provided 
     further, That the amount herein appropriated shall be reduced 
     by $100,000 per day for each day after initial submission of 
     the President's budget that the report has not been submitted 
     to the Congress.


                             Formula Grants

                     (including transfer of funds)

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


                   University Transportation Research

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


                     Transit Planning and Research

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


                      Trust Fund Share of Expenses

                (liquidation of contract authorization)

                          (highway trust fund)

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


                       Capital Investment Grants

                     (including transfers of funds)

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


                 Job Access and Reverse Commute Grants

                     (including transfers of funds)

       For necessary expenses to carry out section 3037 of the 
     Federal Transit Act of 1998, $25,000,000, to remain available 
     until expended: Provided, That no more than $125,000,000 of 
     budget authority shall be available for these purposes: 
     Provided further, That up to $300,000 of the funds provided 
     under this heading may be used by the Federal Transit 
     Administration for technical assistance and support and 
     performance reviews of the Job Access and Reverse Commute 
     Grants program: Provided further, That $20,000,000 of the 
     funds provided under this heading shall be transferred to and 
     merged with funds for the replacement, rehabilitation,

[[Page 31425]]

     and purchase of buses and related equipment and the 
     construction of bus-related facilities under ``Federal 
     Transit Administration, Capital Investment Grants'': Provided 
     further, That $2,331,545 in unobligated balances made 
     available in Public Law 106-69 and $2,182,937 in unobligated 
     balances made available in Public Law 106-346 to carry out 
     section 3037 of Public Law 105-178, as amended, shall be 
     transferred to and merged with funds for new fixed guideway 
     systems under ``Federal Transit Administration, Capital 
     Investment Grants''.


           General Provisions--Federal Transit Administration

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

     ``SEC. 3042. UTAH TRANSPORTATION PROJECTS.

       ``(a) Coordination.--FTA and FHWA are directed to work with 
     the Utah Transit Authority and the Utah Department of 
     Transportation to coordinate the development regional 
     commuter rail and the northern segment of I-15 reconstruction 
     located in the Wasatch Front corridor extending from Brigham 
     City to Payson, Utah. Coordination includes integration of 
     preliminary engineering and design, a simplified method for 
     allocating project costs among eligible FTA and FHWA funding 
     sources, and a unified accounting and audit process.
       ``(b) Governmental Funding.--For purposes of determining 
     and allocating the nongovernmental and governmental share of 
     costs, the following projects comprise a related program of 
     projects: regional commuter rail, the TRAX light rail system, 
     TRAX extensions to the Medical Center and to the Gateway 
     Intermodal Center, and the northern segment of I-15 
     reconstruction. The governmental share of project costs 
     appropriated from the Section 5309 New Start program shall 
     conform to the share specified in the extension or 
     reauthorization of TEA21.''.
       Sec. 172. Funds apportioned to the Charleston Area Regional 
     Transportation Authority to carry out section 5307 of title 
     49, United States Code, may be used to lease land, equipment, 
     or facilities used in public transportation from another 
     governmental authority in the same geographic area: Provided, 
     That the non-Federal share under section 5307 may include 
     revenues from the sale of advertising and concessions: 
     Provided further, That this provision shall remain in effect 
     until September 30, 2004, or until the Federal interest in 
     the land, equipment or facilities leased reaches 80 percent 
     of its fair market value at disposition, whichever occurs 
     first.
       Sec. 173. Notwithstanding any other provision of law, funds 
     designated to the Pennsylvania Cumberland/Dauphin County 
     Corridor I project in committee reports accompanying this Act 
     may be available to the recipient for any project activities 
     authorized under sections 5307 and 5309 of title 49, United 
     States Code.
       Sec. 174. To the extent that funds provided by the Congress 
     for the Memphis Medical Center light rail extension project 
     through the Section 5309 ``new fixed guideway systems'' 
     program remain available upon the closeout of the project, 
     Federal Transit Administration is directed to permit the 
     Memphis Area Transit Authority to use all of those funds for 
     planning, engineering, design, construction or acquisition 
     projects pertaining to the Memphis Regional Rail Plan. Such 
     funds shall remain available until expended.
       Sec. 175. Section 30303(d)(3) of the Transportation Equity 
     Act for the 21st Century (Public

[[Page 31426]]

     Law 105-178) is amended by inserting at the end:
       ``(D) Memphis-Shelby International Airport intermodal 
     facility.''.
       Sec. 176. For fiscal year 2004, Section 3027 of the 
     Transportation Equity Act for the 21st Century (49 U.S.C. 
     5307 note; 112 Stat. 366), as amended, is amended by adding 
     at the end the following:
       ``(3) Services for elderly and persons with disabilities.--
     In addition to assistance made available under paragraph (1), 
     the Secretary may provide assistance under section 5307 of 
     title 49, United States Code, to a transit provider that 
     operates 25 or fewer vehicles in an urbanized area with a 
     population of at least 200,000 to finance the operating costs 
     of equipment and facilities used by the transit provider in 
     providing mass transportation services to elderly and persons 
     with disabilities, provided that such assistance to all 
     entities shall not exceed $10,000,000 annually.''.
       Sec. 177. None of the funds in this Act shall be available 
     to any Federal transit grantee after February 1, 2004, 
     involved directly or indirectly, in any activity that 
     promotes the legalization or medical use of any substance 
     listed in schedule I of section 202 of the Controlled 
     Substances Act (21 U.S.C. 812 et seq.).

             Saint Lawrence Seaway Development Corporation

       The Saint Lawrence Seaway Development Corporation is hereby 
     authorized to make such expenditures, within the limits of 
     funds and borrowing authority available to the Corporation, 
     and in accord with law, and to make such contracts and 
     commitments without regard to fiscal year limitations as 
     provided by section 104 of the Government Corporation Control 
     Act, as amended, as may be necessary in carrying out the 
     programs set forth in the Corporation's budget for the 
     current fiscal year.


                       Operations and Maintenance

                    (harbor maintenance trust fund)

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

                        Maritime Administration


                       Maritime Security Program

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


                        Operations and Training

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


                             Ship Disposal

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


          Maritime Guaranteed Loan (Title XI) Program Account

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


                           ship construction

                              (rescission)

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


              General Provisions--Maritime Administration

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

              Research and Special Programs Administration


                     Research and Special Programs

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


                            Pipeline Safety

                         (pipeline safety fund)

                    (oil spill liability trust fund)

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


                     Emergency Preparedness Grants

                     (emergency preparedness fund)

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

                      Office of Inspector General


                         Salaries and Expenses

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

                      Surface Transportation Board


                         Salaries and Expenses

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

                  TITLE II--DEPARTMENT OF THE TREASURY

                          Departmental Offices


                         salaries and expenses

                     (including transfer of funds)

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


        Department-Wide Systems and Capital Investments Programs

                     (including transfer of funds)

       For development and acquisition of automatic data 
     processing equipment, software, and services for the 
     Department of the Treasury, $36,400,000, to remain available 
     until September

[[Page 31427]]

     30, 2006: Provided, That these funds shall be transferred to 
     accounts and in amounts as necessary to satisfy the 
     requirements of the Department's offices, bureaus, and other 
     organizations: Provided further, That this transfer authority 
     shall be in addition to any other transfer authority provided 
     in this Act: Provided further, That none of the funds 
     appropriated shall be used to support or supplement the 
     Internal Revenue Service appropriations for Information 
     Systems or Business Systems Modernization.


                      Office of Inspector General

                         salaries and expenses

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


           Treasury Inspector General for Tax Administration

                         salaries and expenses

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


                Air Transportation Stabilization Program

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


           Treasury Building and Annex Repair and Restoration

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

                  Financial Crimes Enforcement Network


                         salaries and expenses

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

                      Financial Management Service


                         salaries and expenses

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

                Alcohol and Tobacco Tax and Trade Bureau


                         Salaries and Expenses

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

                           United States Mint


               united states mint public enterprise fund

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

                       Bureau of the Public Debt


                     administering the public debt

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

                        Internal Revenue Service


                 Processing, Assistance, and Management

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


                          tax law enforcement

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


                          Information Systems

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


                     business systems modernization

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


               HEALTH INSURANCE TAX CREDIT ADMINISTRATION

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


              General Provisions--Internal Revenue Service

       Sec. 201. Not to exceed 5 percent of any appropriation made 
     available in this Act to the Internal Revenue Service may be 
     transferred to any other Internal Revenue Service 
     appropriation upon the advance approval of the Committees on 
     Appropriations.
       Sec. 202. The Internal Revenue Service shall maintain a 
     training program to ensure that Internal Revenue Service 
     employees are trained in taxpayers' rights, in dealing 
     courteously with the taxpayers, and in cross-cultural 
     relations.
       Sec. 203. The Internal Revenue Service shall institute and 
     enforce policies and procedures that will safeguard the 
     confidentiality of taxpayer information.
       Sec. 204. Funds made available by this or any other Act to 
     the Internal Revenue Service shall be available for improved 
     facilities and increased manpower to provide sufficient and 
     effective 1-800 help line service for taxpayers. The 
     Commissioner shall continue to make the improvement of the 
     Internal Revenue Service 1-800

[[Page 31428]]

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

             General Provisions--Department of the Treasury

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

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

                     Compensation of the President

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

                           White House Office


                         salaries and expenses

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

                 Executive Residence at the White House


                           operating expenses

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


                         reimbursable expenses

       For the reimbursable expenses of the Executive Residence at 
     the White House, such sums as may be necessary: Provided, 
     That all reimbursable operating expenses of the Executive 
     Residence shall be made in accordance with the provisions of 
     this paragraph: Provided further, That, notwithstanding any 
     other provision of law, such amount for reimbursable 
     operating expenses shall be the exclusive authority of the 
     Executive Residence to incur obligations and to receive 
     offsetting collections, for such expenses: Provided further, 
     That the Executive Residence shall require each person 
     sponsoring a reimbursable political event to pay in advance 
     an amount equal to the estimated cost of the event, and all 
     such advance payments shall be credited to this account and 
     remain available until expended: Provided further, That the 
     Executive Residence shall require the national committee of 
     the political party of the President to maintain on deposit 
     $25,000, to be separately accounted for and available for 
     expenses relating to reimbursable political events sponsored 
     by such committee during such fiscal year: Provided further, 
     That the Executive Residence shall ensure that a written 
     notice of any amount owed for a reimbursable operating 
     expense under this paragraph is submitted to the person owing 
     such amount within 60 days after such expense is incurred, 
     and that such amount is collected within 30 days after the 
     submission of such notice: Provided further, That the 
     Executive Residence shall charge interest and assess 
     penalties and other charges on any such amount that is not 
     reimbursed within such 30 days, in accordance with the 
     interest and penalty provisions applicable to an outstanding 
     debt on a United States Government claim under section 3717 
     of title 31, United States Code: Provided further, That each 
     such amount that is reimbursed, and any accompanying interest 
     and charges, shall be deposited in the Treasury as 
     miscellaneous receipts: Provided further, That the Executive 
     Residence shall prepare and submit to the Committees on 
     Appropriations, by not later than 90 days after the end of 
     the fiscal year covered by this Act, a report setting forth 
     the reimbursable operating expenses of the Executive 
     Residence during the preceding fiscal year, including the 
     total amount of such expenses, the amount of such total that 
     consists of reimbursable official and ceremonial events, the 
     amount

[[Page 31429]]

     of such total that consists of reimbursable political events, 
     and the portion of each such amount that has been reimbursed 
     as of the date of the report: Provided further, That the 
     Executive Residence shall maintain a system for the tracking 
     of expenses related to reimbursable events within the 
     Executive Residence that includes a standard for the 
     classification of any such expense as political or 
     nonpolitical: Provided further, That no provision of this 
     paragraph may be construed to exempt the Executive Residence 
     from any other applicable requirement of subchapter I or II 
     of chapter 37 of title 31, United States Code.


                   White House Repair and Restoration

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

                      Council of Economic Advisers


                         salaries and expenses

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

                      Office of Policy Development


                         salaries and expenses

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

                       National Security Council


                         salaries and expenses

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

                        Office of Administration


                         salaries and expenses

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

                    Office of Management and Budget


                         salaries and expenses

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

                 Office of National Drug Control Policy


                         salaries and expenses

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


                counterdrug technology assessment center

                     (including transfer of funds)

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

                     Federal Drug Control Programs


             high intensity drug trafficking areas program

                     (including transfer of funds)

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


                  Other Federal Drug Control Programs

                     (including transfer of funds)

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

                          Unanticipated Needs

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

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


                         salaries and expenses

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


                           Operating Expenses

                     (INCLUDING TRANSFER OF FUNDS)

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


          general provision--executive office of the president

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

[[Page 31430]]



                     TITLE IV--INDEPENDENT AGENCIES

       Architectural and Transportation Barriers Compliance Board


                         Salaries and Expenses

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

                  National Transportation Safety Board


                         Salaries and Expenses

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


                             EMERGENCY FUND

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

 Committee for Purchase From People Who Are Blind or Severely Disabled


                         salaries and expenses

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

                      Federal Election Commission


                         Salaries and Expenses

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

                     Election Assistance Commission


                         Salaries and Expenses

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

                        Election Reform Programs


                     (including transfer of funds)

       For necessary expenses to carry out a program of 
     requirements payments to States as authorized by Section 257 
     of the Help America Vote Act of 2002, $500,000,000: Provided, 
     That no more that \1/10\ of 1 percent of funds available for 
     requirements payments under Section 257 of the Help America 
     Vote Act of 2002 shall be allocated to any territory: 
     Provided further, That of the funds made available for 
     providing grants to assist State and local efforts to improve 
     election technology and the administration of Federal 
     elections, as authorized by such Act, not to exceed $100,000 
     shall be transferred to the General Services Administration 
     for necessary administrative expenses to carry out programs 
     of payments to States as authorized by section 257 of such 
     Act.

                   Federal Labor Relations Authority


                         salaries and expenses

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

                      Federal Maritime Commission


                         Salaries and Expenses

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

                    General Services Administration


                        Real Property Activities

                         Federal Buildings Fund

                 limitations on availability of revenue

                     (including transfers of funds)

       For an additional amount to be deposited in, and to be used 
     for the purposes of, the Fund established pursuant to section 
     210(f) of the Federal Property and Administrative Services 
     Act of 1949, as amended (40 U.S.C. 592), $446,000,000. The 
     revenues and collections deposited into the Fund shall be 
     available for necessary expenses of real property management 
     and related activities not otherwise provided for, including 
     operation, maintenance, and protection of federally owned and 
     leased buildings; rental of buildings in the District of 
     Columbia; restoration of leased premises; moving governmental 
     agencies (including space adjustments and telecommunications 
     relocation expenses) in connection with the assignment, 
     allocation and transfer of space; contractual services 
     incident to cleaning or servicing buildings, and moving; 
     repair and alteration of federally owned buildings including 
     grounds, approaches and appurtenances; care and safeguarding 
     of sites; maintenance, preservation, demolition, and 
     equipment; acquisition of buildings and sites by purchase, 
     condemnation, or as otherwise authorized by law; acquisition 
     of options to purchase buildings and sites; conversion and 
     extension of federally owned buildings; preliminary planning 
     and design of projects by contract or otherwise; construction 
     of new buildings (including equipment for such buildings); 
     and payment of principal, interest, and any other obligations 
     for public buildings acquired by installment purchase and 
     purchase contract; in the aggregate amount of $6,758,208,000, 
     of which: (1) $708,268,000 shall remain available until 
     expended for construction (including funds for sites and 
     expenses and associated design and construction services) of 
     additional projects at the following locations:
       New Construction:
       Alabama:
       Anniston, United States Courthouse, $4,400,000
       Tuscaloosa, Federal Building, $7,500,000
       California:
       Los Angeles, United States Courthouse, $50,000,000
       San Diego, Border Station, $34,211,000
       Colorado:
       Denver Federal Center, site remediation, $6,000,000
       District of Columbia:
       Department of Transportation Headquarters, $42,000,000
       Florida:
       Orlando, United States Courthouse, $7,200,000
       Georgia:
       Atlanta, Tuttle Building Annex, $10,600,000
       Maine:
       Jackman, Border Station, $7,712,000
       Maryland:
       Montgomery County, Food and Drug Administration 
     Consolidation, $42,000,000
       Suitland, United States Census Bureau, $146,451,000
       Michigan:
       Detroit, Ambassador Bridge Border Station, $25,387,000
       New York:
       Champlain, Border Station, $31,031,000
       North Carolina:
       Charlotte, United States Courthouse, $8,500,000
       Ohio:
       Toledo, United States Courthouse, $6,500,000
       Pennsylvania:
       Harrisburg, United States Courthouse, $26,000,000
       South Carolina:
       Greenville, United States Courthouse, $11,000,000
       Texas:
       Del Rio, Border Station, $23,966,000
       Eagle Pass, Border Station, $31,980,000
       Houston, Federal Bureau of Investigation, $58,080,000
       McAllen, Border Station, $17,938,000
       San Antonio, United States Courthouse, $8,000,000
       Virginia:
       Richmond, United States Courthouse, $83,000,000
       Washington:
       Blaine, Border Station, $9,812,000
       Nonprospectus Construction, $9,000,000:
     Provided, That each of the foregoing limits of costs on new 
     construction projects may be exceeded to the extent that 
     savings are effected in other such projects, but not to 
     exceed 10 percent of the amounts included in an approved 
     prospectus, if required, unless advance approval is obtained 
     from the Committees on Appropriations of a greater amount: 
     Provided further, That all funds for direct construction 
     projects shall expire on September 30, 2005, and remain in 
     the Federal Buildings Fund except for funds for projects as 
     to which funds for design or other funds have been obligated 
     in whole or in part prior to such date; (2) $991,300,000 
     shall remain available until expended for repairs and 
     alterations, which includes associated design and 
     construction services:
       Repairs and Alterations:
       Colorado:
       Denver, Byron G. Rogers Federal Building--Courthouse, 
     $39,436,000
       District of Columbia:
       320 First Street, $7,485,000
       Eisenhower Executive Office Building, $65,757,000
       Federal Office Building 8, $134,872,000
       Main Interior Building, $15,603,000
       Fire & Life Safety, $68,188,000

[[Page 31431]]

       Georgia:
       Atlanta, Richard B. Russell Federal Building, $32,173,000
       Illinois:
       Chicago, Dirksen Courthouse & Kluczynski Federal Building, 
     $24,056,000
       Springfield, Paul H. Findley Federal Building--Courthouse, 
     $6,183,000
       Indiana:
       Terre Haute Federal Building--Post Office, $4,600,000
       Massachusetts:
       Boston, John W. McCormack Post Office and Courthouse, 
     $73,037,000
       New York:
       Brooklyn, Emanuel Celler Courthouse, $65,511,000
       North Dakota:
       Fargo, Federal Building--Post Office, $5,801,000
       Ohio:
       Columbus, John W. Bricker Federal Building, $10,707,000
       Washington:
       Auburn, Building 7, Auburn Federal Building, $18,315,000
       Bellingham, Federal Building, $2,610,000
       Seattle, Henry M. Jackson Federal Building, $6,868,000
       Special Emphasis Programs:
       Chlorofluorocarbons Program, $5,000,000
       Energy Program, $5,000,000
       Glass Fragmentation Program, $20,000,000
       Design Program, $41,462,000:
     Provided further, That funds made available in any previous 
     Act in the Federal Buildings Fund for Repairs and Alterations 
     shall, for prospectus projects, be limited to the amount 
     identified for each project, except each project in any 
     previous Act may be increased by an amount not to exceed 10 
     percent unless advance approval is obtained from the 
     Committees on Appropriations of a greater amount: Provided 
     further, That additional projects for which prospectuses have 
     been fully approved may be funded under this category only if 
     advance approval is obtained from the Committees on 
     Appropriations: Provided further, That the amounts provided 
     in this or any prior Act for ``Repairs and Alterations'' may 
     be used to fund costs associated with implementing security 
     improvements to buildings necessary to meet the minimum 
     standards for security in accordance with current law and in 
     compliance with the reprogramming guidelines of the 
     appropriate Committees of the House and Senate: Provided 
     further, That the difference between the funds appropriated 
     and expended on any projects in this or any prior Act, under 
     the heading ``Repairs and Alterations'', may be transferred 
     to Basic Repairs and Alterations or used to fund authorized 
     increases in prospectus projects: Provided further, That all 
     funds for repairs and alterations prospectus projects shall 
     expire on September 30, 2005 and remain in the Federal 
     Buildings Fund except funds for projects as to which funds 
     for design or other funds have been obligated in whole or in 
     part prior to such date: Provided further, That the amount 
     provided in this or any prior Act for Basic Repairs and 
     Alterations may be used to pay claims against the Government 
     arising from any projects under the heading ``Repairs and 
     Alterations'' or used to fund authorized increases in 
     prospectus projects: Provided further, That the funds 
     available herein for repairs to the Bellingham, Washington, 
     Federal Building, shall be available for transfer to the city 
     of Bellingham, Washington, subject to disposal of the 
     building to the city; (3) $169,745,000 for installment 
     acquisition payments including payments on purchase contracts 
     which shall remain available until expended; (4) 
     $3,280,187,000 for rental of space which shall remain 
     available until expended; and (5) $1,608,708,000 for building 
     operations which shall remain available until expended: 
     Provided further, That funds available to the General 
     Services Administration shall not be available for expenses 
     of any construction, repair, alteration and acquisition 
     project for which a prospectus, if required by the Public 
     Buildings Act of 1959, as amended, has not been approved, 
     except that necessary funds may be expended for each project 
     for required expenses for the development of a proposed 
     prospectus: Provided further, That funds available in the 
     Federal Buildings Fund may be expended for emergency repairs 
     when advance approval is obtained from the Committees on 
     Appropriations: Provided further, That amounts necessary to 
     provide reimbursable special services to other agencies under 
     section 210(f)(6) of the Federal Property and Administrative 
     Services Act of 1949, as amended (40 U.S.C. 592(b)(2)) and 
     amounts to provide such reimbursable fencing, lighting, guard 
     booths, and other facilities on private or other property not 
     in Government ownership or control as may be appropriate to 
     enable the United States Secret Service to perform its 
     protective functions pursuant to 18 U.S.C. 3056, shall be 
     available from such revenues and collections: Provided 
     further, That revenues and collections and any other sums 
     accruing to this Fund during fiscal year 2004, excluding 
     reimbursements under section 210(f)(6) of the Federal 
     Property and Administrative Services Act of 1949 (40 U.S.C. 
     592(b)(2)) in excess of $6,717,208,000 shall remain in the 
     Fund and shall not be available for expenditure except as 
     authorized in appropriations Acts.


                           general activities

                         Government-wide Policy

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


                           operating expenses

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


                      office of inspector general

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


                   electronic government (e-gov) fund

                     (including transfer of funds)

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

           allowances and office staff for former presidents


                     (including transfer of funds)

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


          General Provisions--General Services Administration

       Sec. 401. The appropriate appropriation or fund available 
     to the General Services Administration shall be credited with 
     the cost of operation, protection, maintenance, upkeep, 
     repair, and improvement, included as part of rentals received 
     from Government corporations pursuant to law (40 U.S.C. 129).
       Sec. 402. Funds available to the General Services 
     Administration shall be available for the hire of passenger 
     motor vehicles.
       Sec. 403. Funds in the Federal Buildings Fund made 
     available for fiscal year 2004 for Federal Buildings Fund 
     activities may be transferred between such activities only to 
     the extent necessary to meet program requirements: Provided, 
     That any proposed transfers shall be approved in advance by 
     the Committees on Appropriations.
       Sec. 404. No funds made available by this Act shall be used 
     to transmit a fiscal year 2005 request for United States 
     Courthouse construction that: (1) does not meet the design 
     guide standards for construction as established and approved 
     by the General Services Administration, the Judicial 
     Conference of the United States, and the Office of Management 
     and Budget; and (2) does not reflect the priorities of the 
     Judicial Conference of the United States as set out in its 
     approved 5-year construction plan: Provided, That the fiscal 
     year 2005 request must be accompanied by a standardized 
     courtroom utilization study of each facility to be 
     constructed, replaced, or expanded.
       Sec. 405. None of the funds provided in this Act may be 
     used to increase the amount of occupiable square feet, 
     provide cleaning services, security enhancements, or any 
     other service usually provided through the Federal Buildings 
     Fund, to any agency that does not pay the rate per square 
     foot assessment for space and services as determined by the 
     General Services Administration in compliance with the Public 
     Buildings Amendments Act of 1972 (Public Law 92-313).
       Sec. 406. Funds provided to other Government agencies by 
     the Information Technology Fund, General Services 
     Administration, under section 110 of the Federal Property and 
     Administrative Services Act of 1949 (40 U.S.C. 757) and 
     sections 5124(b) and 5128 of the Clinger-Cohen Act of 1996 
     (40 U.S.C. 1424(b) and 1428), for performance of pilot 
     information technology projects which have potential for 
     Government-wide benefits and savings, may be repaid to this 
     Fund from any savings actually incurred by these projects or 
     other funding, to the extent feasible.
       Sec. 407. From funds made available under the heading 
     ``Federal Buildings Fund, Limitations on Availability of 
     Revenue'', claims

[[Page 31432]]

     against the Government of less than $250,000 arising from 
     direct construction projects and acquisition of buildings may 
     be liquidated from savings effected in other construction 
     projects with prior notification to the Committees on 
     Appropriations.
       Sec. 408. (a) Notwithstanding any other provision of law, 
     the Administrator of General Services is authorized to 
     acquire, under such terms and conditions as he deems to be in 
     the interests of the United States, approximately 27 acres of 
     land, identified as Site 7 and located at 234 Corporate 
     Drive, Pease International Tradeport, Portsmouth, NH 03801, 
     as a site for the public building needs of the Federal 
     Government, and to design and construct upon the site a new 
     Federal Office Building of approximately 98,000 gross square 
     feet: Provided, That the Administrator shall not acquire any 
     property under this subsection until the Administrator 
     determines that the property is in compliance with applicable 
     environmental laws, and that the property is suitable and 
     available for use as a site to house the Federal agencies 
     presently located in the Thomas J. McIntyre Federal Building.
       (b) For the site acquisition, design, construction, and 
     relocation, $11,149,000 shall be available from funds 
     previously provided under the heading ``General Services 
     Administration, Real Property Activities, Federal Buildings 
     Fund'' in Public Law 108-7 for repairs and alterations to the 
     Thomas J. McIntyre Federal Building in Portsmouth, New 
     Hampshire, which was included in the plan for expenditure of 
     repairs and alterations funds as required by accompanying 
     House Report 108-10.
       (c) For any additional costs of construction, management 
     and inspection of the new facility to house the Federal 
     agencies relocated from the McIntyre Federal Office Building, 
     and for the costs of relocating the Federal agencies 
     occupying the McIntyre Federal Office Building, $13,669,000 
     shall be deposited into the Federal Buildings Fund (40 U.S.C. 
     592) from the General Fund; which amount, together with the 
     amount set forth in subsection (b) of this section shall 
     remain available until expended and shall be subject to such 
     escalation and reprogramming authorities available to the 
     Administrator for any other new construction projects under 
     the heading ``Federal Building Fund Limitations on 
     Availability of Revenue''.
       (d) The Administrator is authorized and directed to convey, 
     without consideration, the Thomas J. McIntyre Federal Office 
     Building to the City of Portsmouth, New Hampshire for 
     economic development purposes subject to the following 
     conditions: (i) that all Federal agencies currently occupying 
     the McIntyre Building except the United States Postal Service 
     are completely relocated to the new Federal Building for so 
     long as those agencies have continuing mission needs for that 
     new location, (ii) that the requirements of the McKinney-
     Vento Homeless Assistance Act (42 U.S.C. 11411 et seq.) shall 
     not apply to this conveyance; and (iii) that the 
     Administrator may include in the conveyance documents such 
     terms and conditions as the Administrator determines in the 
     best interest of the United States.
       Sec. 409. (a) The Administrator of General Services shall 
     carry out the authority of the Election Assistance Commission 
     to make election assistance payments under subtitle D of 
     title II of the Help America Vote Act of 2002, including the 
     authority under such subtitle to receive statements and 
     applications from entities seeking such payments and reports 
     from entities receiving such payments.
       (b) The authority of the Administrator of General Services 
     under subsection (a) shall apply with respect to amounts 
     appropriated for fiscal year 2004 and amounts appropriated 
     for fiscal year 2003 which remain unobligated and unexpended 
     at the end of fiscal year 2003, except that this authority 
     shall expire upon the earlier of--
       (1) the expiration of the 3-month period which begins on 
     the date on which all members of the Election Assistance 
     Commission are appointed; or
       (2) June 30, 2004.
       (c) Upon the appointment of all members of the Election 
     Assistance Commission, the Administrator of General Services 
     shall transmit to the Commission all statements, 
     applications, and reports received by the Administrator in 
     carrying out this section.
       Sec. 410. None of the funds made available in this Act may 
     be used by the General Services Administration to establish a 
     quick response team processing center on East Brainerd Road 
     in Chattanooga, Tennessee.
       Sec. 411. Completion of Land Conveyance, San Joaquin 
     County, California. Section 140 of division C of Public Law 
     105-277 (112 Stat. 2681-599), as amended by section 3034 of 
     the 1999 Emergency Supplemental Appropriations Act (Public 
     Law 106-31; 113 Stat. 104), is amended--
       (1) in subsection (a)--
       (A) in the first sentence, by striking ``Attorney General'' 
     and inserting ``Administrator of General Services, on behalf 
     of the Attorney General,'';
       (B) in the second sentence, by striking ``Attorney 
     General'' and inserting ``Administrator''; and
       (C) in the second sentence, by striking ``not later than 
     August 21, 1999'' and inserting ``as soon as practicable'';
       (2) in subsection (b), by striking ``Attorney General'' and 
     inserting ``Administrator'';
       (3) in subsection (c)(1)--
       (A) in the first sentence, by striking ``as the location'' 
     and all that follows through ``other educational purposes'' 
     and inserting ``for educational or recreational purposes''; 
     and
       (B) by striking the second sentence;
       (4) in subsection (c)(2), by striking ``Attorney General'' 
     and inserting ``Administrator'';
       (5) in subsection (d), by striking paragraph (2) and 
     inserting the following new paragraph:
       ``(2) The use of the real property conveyed under 
     subsection (a) for recreational purposes, as provided in 
     subsection (c), shall be subject to the approval of the 
     Secretary of the Interior.'';
       (6) in subsection (e)--
       (A) in paragraph (1), by striking ``If the Secretary'' and 
     all that follows through ``not being used'' and inserting 
     ``If a portion of the real property conveyed under subsection 
     (a) is used for educational purposes, as provided in 
     subsection (c), and the Secretary of Education determines 
     that such portion is no longer being used''; and
       (B) in paragraph (2), by striking ``as a public park or for 
     other recreational purposes'' and inserting ``for 
     recreational purposes''; and
       (7) in subsection (f), by striking ``Attorney General'' and 
     inserting ``Administrator''.

                     Merit Systems Protection Board


                         salaries and expenses

                     (including transfer of funds)

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

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


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

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


                 environmental dispute resolution fund

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

              National Archives and Records Administration


                           Operating Expenses

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


                       Electronic Records Archive

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


                        repairs and restoration

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

        National Historical Publications and Records Commission


                             grants program

       For necessary expenses for allocations and grants for 
     historical publications and records as

[[Page 31433]]

     authorized by 44 U.S.C. 2504, as amended, $10,000,000, to 
     remain available until expended.

                      Office of Government Ethics


                         salaries and expenses

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

                     Office of Personnel Management


                         salaries and expenses

                  (including transfer of trust funds)

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


                      office of inspector general

                         salaries and expenses

                  (including transfer of trust funds)

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


      government payment for annuitants, employees health benefits

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


       government payment for annuitants, employee life insurance

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


        payment to civil service retirement and disability fund

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


                     Human Capital Performance Fund

                     (including transfer of funds)

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

                       Office of Special Counsel


                         salaries and expenses

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

                      United States Postal Service


                   Payment to the Postal Service Fund

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

                        United States Tax Court


                         Salaries and Expenses

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

      White House Commission on the National Moment of Remembrance

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

                      TITLE V--GENERAL PROVISIONS

                                This Act


                     (including transfers of funds)

       Sec. 501. During the current fiscal year applicable 
     appropriations to the Department of Transportation shall be 
     available for maintenance and operation of aircraft; hire of 
     passenger motor vehicles and aircraft; purchase of liability 
     insurance for motor vehicles operating in foreign countries 
     on official department business; and uniforms, or allowances 
     therefor, as authorized by law (5 U.S.C. 5901-5902).
       Sec. 502. Such sums as may be necessary for fiscal year 
     2004 pay raises for programs funded in this Act shall be 
     absorbed within the levels appropriated in this Act or 
     previous appropriations Acts.
       Sec. 503. Appropriations contained in this Act for the 
     Department of Transportation shall be available for services 
     as authorized by 5 U.S.C. 3109, but at rates for individuals 
     not to exceed the per diem rate equivalent to the rate for an 
     Executive Level IV.
       Sec. 504. None of the funds in this Act shall be available 
     for salaries and expenses of more than 106 political and 
     Presidential appointees in the Department of Transportation: 
     Provided, That none of the personnel covered by this 
     provision may be assigned on temporary detail outside the 
     Department of Transportation.
       Sec. 505. None of the funds in this Act shall be used for 
     the planning or execution of any program to pay the expenses 
     of, or otherwise compensate, non-Federal parties intervening 
     in regulatory or adjudicatory proceedings funded in this Act.
       Sec. 506. None of the funds appropriated in this Act shall 
     remain available for obligation beyond the current fiscal 
     year, nor may any be transferred to other appropriations, 
     unless expressly so provided herein.
       Sec. 507. The expenditure of any appropriation under this 
     Act for any consulting service through procurement contract 
     pursuant to section 3109 of title 5, United States Code, 
     shall be limited to those contracts where such expenditures 
     are a matter of public record and available for public 
     inspection, except where otherwise provided under existing 
     law, or under existing Executive order issued pursuant to 
     existing law.
       Sec. 508. None of the funds in this Act shall be used to 
     implement section 404 of title 23, United States Code.
       Sec. 509. (a) No recipient of funds made available in this 
     Act shall disseminate personal information (as defined in 18 
     U.S.C. 2725(3)) obtained

[[Page 31434]]

     by a State department of motor vehicles in connection with a 
     motor vehicle record as defined in 18 U.S.C. 2725(1), except 
     as provided in 18 U.S.C. 2721 for a use permitted under 18 
     U.S.C. 2721.
       (b) Notwithstanding subsection (a), the Secretary shall not 
     withhold funds provided in this Act for any grantee if a 
     State is in noncompliance with this provision.
       Sec. 510. Funds received by the Federal Highway 
     Administration, Federal Transit Administration, and Federal 
     Railroad Administration from States, counties, 
     municipalities, other public authorities, and private sources 
     for expenses incurred for training may be credited 
     respectively to the Federal Highway Administration's 
     ``Federal-Aid Highways'' account, the Federal Transit 
     Administration's ``Transit Planning and Research'' account, 
     and to the Federal Railroad Administration's ``Safety and 
     Operations'' account, except for State rail safety inspectors 
     participating in training pursuant to 49 U.S.C. 20105.
       Sec. 511. Notwithstanding any other provision of law, rule 
     or regulation, the Secretary of Transportation is authorized 
     to allow the issuer of any preferred stock heretofore sold to 
     the Department to redeem or repurchase such stock upon the 
     payment to the Department of an amount determined by the 
     Secretary.
       Sec. 512. None of the funds in title I of this Act may be 
     used to make a grant unless the Secretary of Transportation 
     notifies the House and Senate Committees on Appropriations 
     not less than 3 full business days before any discretionary 
     grant award, letter of intent, or full funding grant 
     agreement totaling $1,000,000 or more is announced by the 
     department or its modal administrations from: (1) any 
     discretionary grant program of the Federal Highway 
     Administration other than the emergency relief program; (2) 
     the airport improvement program of the Federal Aviation 
     Administration; or (3) any program of the Federal Transit 
     Administration other than the formula grants and fixed 
     guideway modernization programs: Provided, That no 
     notification shall involve funds that are not available for 
     obligation.
       Sec. 513. For the purpose of any applicable law, for fiscal 
     year 2004, the city of Norman, Oklahoma, shall be considered 
     to be part of the Oklahoma City Transportation Management 
     Area.
       Sec. 514. None of the funds in title I of this Act may be 
     obligated for the Office of the Secretary of Transportation 
     to approve assessments or reimbursable agreements pertaining 
     to funds appropriated to the modal administrations in this 
     Act, except for activities underway on the date of enactment 
     of this Act, unless such assessments or agreements have 
     completed the normal reprogramming process for Congressional 
     notification.
       Sec. 515. None of the funds made available in this Act may 
     be transferred to any department, agency, or instrumentality 
     of the United States Government, except pursuant to a 
     transfer made by, or transfer authority provided in, this Act 
     or any other appropriations Act.
       Sec. 516. Rebates, refunds, incentive payments, minor fees 
     and other funds received by the Department of Transportation 
     from travel management centers, charge card programs, the 
     subleasing of building space, and miscellaneous sources are 
     to be credited to appropriations of the Department of 
     Transportation and allocated to elements of the Department of 
     Transportation using fair and equitable criteria and such 
     funds shall be available until expended.
       Sec. 517. Funds provided in this Act for the Working 
     Capital Fund shall be reduced by $17,816,000, which limits 
     fiscal year 2004 Working Capital Fund obligational authority 
     for elements of the Department of Transportation funded in 
     this Act to no more than $98,899,000: Provided, That such 
     reductions from the budget request shall be allocated by the 
     Department of Transportation to each appropriations account 
     in proportion to the amount included in each account for the 
     Working Capital Fund.
       Sec. 518. Amounts made available in this or any other Act 
     that the Secretary determines represent improper payments by 
     the Department of Transportation to a third party contractor 
     under a financial assistance award, which are recovered 
     pursuant to law, shall be available--
       (1) to reimburse the actual expenses incurred by the 
     Department of Transportation in recovering improper payments; 
     and
       (2) to pay contractors for services provided in recovering 
     improper payments: Provided, That amounts in excess of that 
     required for paragraphs (1) and (2)--
       (A) shall be credited to and merged with the appropriation 
     from which the improper payments were made, and shall be 
     available for the purposes and period for which such 
     appropriations are available; or
       (B) if no such appropriation remains available, shall be 
     deposited in the Treasury as miscellaneous receipts: 
     Provided, That prior to the transfer of any such recovery to 
     an appropriations account, the Secretary shall notify the 
     House and Senate Committees on Appropriations of the amount 
     and reasons for such transfer: Provided further, That for 
     purposes of this section, the term ``improper payments'', has 
     the same meaning as that provided in section 2(d)(2) of 
     Public Law 107-300.
       Sec. 519. The Secretary of Transportation is authorized to 
     transfer the unexpended balances available for the bonding 
     assistance program from ``Office of the Secretary, Salaries 
     and expenses'' to ``Minority Business Outreach''.
       Sec. 520. None of the funds made available by this Act 
     shall be available for any activity or for paying the salary 
     of any Government employee where funding an activity or 
     paying a salary to a Government employee would result in a 
     decision, determination, rule, regulation, or policy that 
     would prohibit the enforcement of section 307 of the Tariff 
     Act of 1930.
       Sec. 521. (a) In General.--The Secretary of 
     Transportation--
       (1) shall, without regard to any fiscal year limitation, 
     maintain in full force and effect the restrictions imposed 
     under Federal Aviation Administration Notices to Airmen FDC 
     3/2122, FDC 3/2123, and FDC 2/0199; and
       (2) may not grant any waivers or exemptions from such 
     restrictions, except--
       (A) as authorized by air traffic control for operational or 
     safety purposes;
       (B) with respect to an event, stadium, or other venue--
       (i) for operational purposes;
       (ii) for the transport of team members, officials of the 
     governing body, and immediate family members and guests of 
     such team members and officials to and from such event, 
     stadium, or venue;
       (iii) in the case of a sporting event, for the transport of 
     equipment or parts to and from such sporting event;
       (iv) to permit a broadcast rights holder to provide 
     broadcast coverage of such event, stadium, or venue; and
       (v) for safety and security purposes related to such event, 
     stadium, or venue; and
       (C) to allow the operation of an aircraft in restricted 
     airspace to the extent necessary to arrive at or depart from 
     an airport using standard air traffic control procedures.
       (b) Limitations on Use of Funds.--None of the funds 
     appropriated or otherwise made available by title I of this 
     Act may be obligated or expended to terminate or limit the 
     restrictions imposed under the Federal Aviation 
     Administration Notices to Airmen referred to in subsection 
     (a), or to grant waivers of, or exemptions from, such 
     restrictions except as provided under subsection (a)(2).
       (c) Broadcast Contracts not Affected.--Nothing in this 
     section shall be construed to affect contractual rights 
     pertaining to any broadcasting agreement.
       Sec. 522. No part of any appropriation contained in this 
     Act shall be available to pay the salary for any person 
     filling a position, other than a temporary position, formerly 
     held by an employee who has left to enter the Armed Forces of 
     the United States and has satisfactorily completed his period 
     of active military or naval service, and has within 90 days 
     after his release from such service or from hospitalization 
     continuing after discharge for a period of not more than 1 
     year, made application for restoration to his former position 
     and has been certified by the Office of Personnel Management 
     as still qualified to perform the duties of his former 
     position and has not been restored thereto.
       Sec. 523. No funds appropriated pursuant to this Act may be 
     expended by an entity unless the entity agrees that in 
     expending the assistance the entity will comply with sections 
     2 through 4 of the Act of March 3, 1933 (41 U.S.C. 10a-10c, 
     popularly known as the ``Buy America Act'').
       Sec. 524. (a) Purchase of American-Made Equipment and 
     Products.--Hereafter, in the case of any equipment or 
     products that may be authorized to be purchased with 
     financial assistance provided under this Act, it is the sense 
     of the Congress that entities receiving such assistance 
     should, in expending the assistance, purchase only American-
     made equipment and products.
       (b) Notice to Recipients of Assistance.--In providing 
     financial assistance under this Act, the Secretary of the 
     Treasury shall provide to each recipient of the assistance a 
     notice describing the statement made in subsection (a) by the 
     Congress.
       Sec. 525. Hereafter, if it has been finally determined by a 
     court or Federal agency that any person intentionally affixed 
     a label bearing a ``Made in America'' inscription, or any 
     inscription with the same meaning, to any product sold in or 
     shipped to the United States that is not made in the United 
     States, such person shall be ineligible to receive any 
     contract or subcontract made with funds provided pursuant to 
     this Act, pursuant to the debarment, suspension, and 
     ineligibility procedures described in sections 9.400 through 
     9.409 of title 48, Code of Federal Regulations.
       Sec. 526. Except as otherwise specifically provided by law, 
     not to exceed 50 percent of unobligated balances remaining 
     available at the end of fiscal year 2004 from appropriations 
     made available for salaries and expenses for fiscal year 2004 
     in this Act, shall remain available through September 30, 
     2005, for each such account for the purposes authorized: 
     Provided, That a request shall be submitted to the Committees 
     on Appropriations for approval prior to the expenditure of 
     such funds: Provided further, That these requests shall be 
     made in compliance with reprogramming guidelines.
       Sec. 527. None of the funds made available in this Act may 
     be used by the Executive Office of the President to request 
     from the Federal Bureau of Investigation any official 
     background investigation report on any individual, except 
     when--
       (1) such individual has given his or her express written 
     consent for such request not more than 6 months prior to the 
     date of such request and during the same presidential 
     administration; or
       (2) such request is required due to extraordinary 
     circumstances involving national security.

[[Page 31435]]

       Sec. 528. The cost accounting standards promulgated under 
     section 26 of the Office of Federal Procurement Policy Act 
     (Public Law 93-400; 41 U.S.C. 422) shall not apply with 
     respect to a contract under the Federal Employees Health 
     Benefits Program established under chapter 89 of title 5, 
     United States Code.
       Sec. 529. For the purpose of resolving litigation and 
     implementing any settlement agreements regarding the 
     nonforeign area cost-of-living allowance program, the Office 
     of Personnel Management may accept and utilize (without 
     regard to any restriction on unanticipated travel expenses 
     imposed in an Appropriations Act) funds made available to the 
     Office pursuant to court approval.
       Sec. 530. No funds appropriated or otherwise made available 
     under this Act shall be made available to any person or 
     entity that has been convicted of violating the Buy American 
     Act (41 U.S.C. 10a-10c).
       Sec. 531. No funds appropriated by this Act shall be 
     available to pay for an abortion, or the administrative 
     expenses in connection with any health plan under the Federal 
     employees health benefits program which provides any benefits 
     or coverage for abortions.
       Sec. 532. The provision of section 531 shall not apply 
     where the life of the mother would be endangered if the fetus 
     were carried to term, or the pregnancy is the result of an 
     act of rape or incest.
       Sec. 533. None of the funds provided in this Act, provided 
     by previous appropriations Acts to the agencies or entities 
     funded in this Act that remain available for obligation or 
     expenditure in fiscal year 2004, or provided from any 
     accounts in the Treasury derived by the collection of fees 
     and available to the agencies funded by this Act, shall be 
     available for obligation or expenditure through a 
     reprogramming of funds that--
       (1) creates a new program;
       (2) eliminates a program, project, or activity;
       (3) increases funds for any program, project, or activity 
     for which funds have been denied or restricted by the 
     Congress;
       (4) proposes to use funds directed for a specific activity 
     by either the House or Senate Committees on Appropriations 
     for a different purpose;
       (5) augments existing programs, projects, or activities in 
     excess of $5,000,000 or 10 percent, whichever is greater; or
       (6) reduces existing programs, projects, or activities by 
     $5,000,000 or 10 percent, whichever is greater, unless prior 
     approval is received from the House and Senate Committees on 
     Appropriations.
       Sec. 534. None of the funds made available in this Act may 
     be used to require a State or local government to post a 
     traffic control device or variable message sign, or any other 
     type of traffic warning sign, in a language other than 
     English, except with respect to the names of cities, streets, 
     places, events, or signs related to an international border.
       Sec. 535. Exemption From Limitations on Procurement of 
     Foreign Information Technology That Is a Commercial Item.--
     (a) Exemption.--In order to promote Government access to 
     commercial information technology, the restriction on 
     purchasing nondomestic articles, materials, and supplies set 
     forth in the Buy American Act (41 U.S.C. 10a et seq.), shall 
     not apply to the acquisition by the Federal Government of 
     information technology (as defined in section 11101 of title 
     40, United States Code, that is a commercial item (as defined 
     in section 4(12) of the Office of Federal Procurement Policy 
     Act (41 U.S.C. 403(12)).
       (b) Definition.--Section 11101(6) of title 40, United 
     States Code, is amended--
       (1) in subparagraph (A), by inserting after ``storage,'' 
     the following: ``analysis, evaluation,''; and
       (2) in subparagraph (B), by striking ``ancillary 
     equipment,'' and inserting ``ancillary equipment (including 
     imaging peripherals, input, output, and storage devices 
     necessary for security and surveillance), peripheral 
     equipment designed to be controlled by the central processing 
     unit of a computer,''.
       Sec. 536. It is the sense of the House of Representatives 
     that empowerment zones within cities should have the 
     necessary flexibility to expand to include relevant 
     communities so that empowerment zone benefits are equitably 
     distributed.
       Sec. 537. It is the sense of the House of Representatives 
     that all census tracts contained in an empowerment zone, 
     either fully or partially, should be equitably accorded the 
     same benefits.
       Sec. 538. None of the funds made available in this Act may 
     be used to finalize, implement, administer, or enforce--
       (1) the proposed rule relating to the determination that 
     real estate brokerage is an activity that is financial in 
     nature or incidental to a financial activity published in the 
     Federal Register on January 3, 2001 (66 Fed. Reg. 307 et 
     seq.); or
       (2) the revision proposed in such rule to section 1501.2 of 
     title 12 of the Code of Federal Regulations.
       Sec. 539. It is the sense of Congress that, after proper 
     documentation, justification, and review, the Department of 
     Transportation should consider programs to reimburse general 
     aviation ground support services at Ronald Reagan Washington 
     National Airport, and airports located within fifteen miles 
     of Ronald Reagan Washington National Airport, for their 
     financial losses due to Government actions after the 
     terrorist attacks of September 11, 2001.
       Sec. 540. It is the sense of the House of Representatives 
     that public private partnerships (PPPs) could help eliminate 
     some of the cost drivers behind complex, capital-intensive 
     highway and transit projects. The House of Representatives 
     encourages the Secretary of Transportation to apply available 
     funds to select projects that are in the development phase, 
     eligible under title 23 and title 49, United States Code, 
     except 23 U.S.C. 133(b)(8), and that employ a PPP strategy.
       Sec. 541. Section 414(h) of title 39, United States Code, 
     is amended by striking ``2003'' and inserting ``2005''.
       Sec. 542. None of the funds in title I of this Act may be 
     used to adopt rules or regulations concerning travel agent 
     service fees unless the Department of Transportation 
     publishes in the Federal Register revisions to the proposed 
     rule and provides a period for additional public comment on 
     such proposed rule for a period not less than 60 days.
       Sec. 543. (a) Section 103 of the Presidential Recordings 
     and Materials Preservation Act (Public Law 93-526; 44 U.S.C. 
     2111 note) is amended by striking the second sentence and 
     inserting the following: ``The Archivist may transfer such 
     recordings and materials to a Presidential archival 
     depository in accordance with section 2112 of title 44, 
     United States Code.''.
       (b) Nothing in section 103 of the Presidential Recordings 
     and Materials Preservation Act (Public Law 93-526; 44 U.S.C. 
     2111 note), as amended by subsection (a), may be construed as 
     affecting public access to the recordings and materials 
     referred to in that section as provided in regulations 
     promulgated pursuant to section 104 of such Act.
       Sec. 544. Amendments to Oklahoma City National Memorial Act 
     of 1997. (a) Short Title.--This section may be cited as the 
     ``Oklahoma City National Memorial Act Amendments of 2003''.
       (b) Foundation Defined; Conforming Amendment.--Section 3 of 
     the Oklahoma City National Memorial Act of 1997 (16 U.S.C. 
     450ss-1) is amended--
       (1) by redesignating paragraphs (1), (2), and (3) as 
     paragraphs (2), (3), and (4), respectively;
       (2) by inserting immediately preceding paragraph (2) (as so 
     redesignated by paragraph (1) of this subsection) the 
     following new paragraph:
       ``(1) Foundation.--The term `Foundation' means the Oklahoma 
     City National Memorial Foundation, a not-for-profit 
     corporation that is--
       ``(A) described in section 501(c)(3) of the Internal 
     Revenue Code of 1986;
       ``(B) exempt from taxation under section 501(a) of such 
     Code; and
       ``(C) dedicated to the support of the Memorial.''; and
       (3) in paragraph (3), by striking ``designated under 
     section 5(a)''.
       (c) Administration of Memorial by Foundation.--Section 4 of 
     the Oklahoma City National Memorial Act of 1997 (16 U.S.C. 
     450ss-2) is amended--
       (1) in subsection (a)--
       (A) by striking ``a unit'' and inserting ``an affiliate''; 
     and
       (B) by striking the second sentence;
       (2) by redesignating subsection (b) as subsection (c);
       (3) by inserting after subsection (a) the following new 
     subsection:
       ``(b) Administration of Memorial.--The Foundation shall 
     administer the Memorial in accordance with this Act and the 
     general objectives of the `Memorial Mission Statement', 
     adopted March 26, 1996, by the Foundation.''; and
       (4) in subsection (c) (as so redesignated by paragraph (2) 
     of this subsection) by striking ``1997 (hereafter'' and all 
     that follows through the final period and inserting ``1997. 
     The map shall be on file and available for public inspection 
     in the appropriate office of the Foundation.''.
       (d) Transfer of Memorial Property, Rights, Authorities, and 
     Duties.--Section 5 of the Oklahoma City National Memorial Act 
     of 1997 (16 U.S.C. 450ss-3) is amended to read as follows:

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

       ``(a) Transfer of Memorial Property.--
       ``(1) In general.--Not later than 90 days after the date of 
     the enactment of the Oklahoma City National Memorial Act 
     Amendments of 2003, the Trust shall transfer to the 
     Foundation--
       ``(A) all assets of the Trust, including all real and 
     personal property of the Memorial, any appurtenances, 
     buildings, facilities, monuments, contents, artifacts, 
     contracts and contract rights, accounts, deposits, 
     intangibles, trademarks, trade names, copyrights, all other 
     intellectual property, all other real and personal property 
     of every kind and character comprising the Memorial, and any 
     amounts appropriated for the Trust;
       ``(B) any property owned by the Trust that is adjacent or 
     related to the Memorial; and
       ``(C) all property maintained for the Memorial, together 
     with all rights, authorities, and duties relating to the 
     ownership, administration, operation, and management of the 
     Memorial.
       ``(2) Subsequent gifts.--Any artifact, memorial, or other 
     personal property that is received by, or is intended by any 
     person to be given to, the Trust after the date of transfer 
     of property under paragraph (1) shall be the property of the 
     Foundation.
       ``(b) Assumption of Trust Obligations.--Any obligations of 
     the Trust relating to the Memorial that have been approved by 
     the Trust before the date on which the property is 
     transferred under subsection (a) shall become the 
     responsibility of the Foundation on the date of the transfer.

[[Page 31436]]

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

                      TITLE VI--GENERAL PROVISIONS

                Departments, Agencies, and Corporations

       Sec. 601. Funds appropriated in this or any other Act may 
     be used to pay travel to the United States for the immediate 
     family of employees serving abroad in cases of death or life 
     threatening illness of said employee.
       Sec. 602. No department, agency, or instrumentality of the 
     United States receiving appropriated funds under this or any 
     other Act for fiscal year 2004 shall obligate or expend any 
     such funds, unless such department, agency, or 
     instrumentality has in place, and will continue to administer 
     in good faith, a written policy designed to ensure that all 
     of its workplaces are free from the illegal use, possession, 
     or distribution of controlled substances (as defined in the 
     Controlled Substances Act) by the officers and employees of 
     such department, agency, or instrumentality.
       Sec. 603. Unless otherwise specifically provided, the 
     maximum amount allowable during the current fiscal year in 
     accordance with section 16 of the Act of August 2, 1946 (60 
     Stat. 810), for the purchase of any passenger motor vehicle 
     (exclusive of buses, ambulances, law enforcement, and 
     undercover surveillance vehicles), is hereby fixed at $8,100 
     except station wagons for which the maximum shall be $9,100: 
     Provided, That these limits may be exceeded by not to exceed 
     $3,700 for police-type vehicles, and by not to exceed $4,000 
     for special heavy-duty vehicles: Provided further, That the 
     limits set forth in this section may not be exceeded by more 
     than 5 percent for electric or hybrid vehicles purchased for 
     demonstration under the provisions of the Electric and Hybrid 
     Vehicle Research, Development, and Demonstration Act of 1976: 
     Provided further, That the limits set forth in this section 
     may be exceeded by the incremental cost of clean alternative 
     fuels vehicles acquired pursuant to Public Law 101-549 over 
     the cost of comparable conventionally fueled vehicles.
       Sec. 604. Appropriations of the executive departments and 
     independent establishments for the current fiscal year 
     available for expenses of travel, or for the expenses of the 
     activity concerned, are hereby made available for quarters 
     allowances and cost-of-living allowances, in accordance with 
     5 U.S.C. 5922-5924.
       Sec. 605. Unless otherwise specified during the current 
     fiscal year, no part of any appropriation contained in this 
     or any other Act shall be used to pay the compensation of any 
     officer or employee of the Government of the United States 
     (including any agency the majority of the stock of which is 
     owned by the Government of the United States) whose post of 
     duty is in the continental United States unless such person: 
     (1) is a citizen of the United States; (2) is a person in the 
     service of the United States on the date of the enactment of 
     this Act who, being eligible for citizenship, has filed a 
     declaration of intention to become a citizen of the United 
     States prior to such date and is actually residing in the 
     United States; (3) is a person who owes allegiance to the 
     United States; (4) is an alien from Cuba, Poland, South 
     Vietnam, the countries of the former Soviet Union, or the 
     Baltic countries lawfully admitted to the United States for 
     permanent residence; (5) is a South Vietnamese, Cambodian, or 
     Laotian refugee paroled in the United States after January 1, 
     1975; or (6) is a national of the People's Republic of China 
     who qualifies for adjustment of status pursuant to the 
     Chinese Student Protection Act of 1992: Provided, That for 
     the purpose of this section, an affidavit signed by any such 
     person shall be considered prima facie evidence that the 
     requirements of this section with respect to his or her 
     status have been complied with: Provided further, That any 
     person making a false affidavit shall be guilty of a felony, 
     and, upon conviction, shall be fined no more than $4,000 or 
     imprisoned for not more than 1 year, or both: Provided 
     further, That the above penal clause shall be in addition to, 
     and not in substitution for, any other provisions of existing 
     law: Provided further, That any payment made to any officer 
     or employee contrary to the provisions of this section shall 
     be recoverable in action by the Federal Government. This 
     section shall not apply to citizens of Ireland, Israel, or 
     the Republic of the Philippines, or to nationals of those 
     countries allied with the United States in a current defense 
     effort, or to international broadcasters employed by the 
     United States Information Agency, or to temporary employment 
     of translators, or to temporary employment in the field 
     service (not to exceed 60 days) as a result of emergencies.
       Sec. 606. Appropriations available to any department or 
     agency during the current fiscal year for necessary expenses, 
     including maintenance or operating expenses, shall also be 
     available for payment to the General Services Administration 
     for charges for space and services and those expenses of 
     renovation and alteration of buildings and facilities which 
     constitute public improvements performed in accordance with 
     the Public Buildings Act of 1959 (73 Stat. 749), the Public 
     Buildings Amendments of 1972 (87 Stat. 216), or other 
     applicable law.
       Sec. 607. In addition to funds provided in this or any 
     other Act, all Federal agencies are authorized to receive and 
     use funds resulting from the sale of materials, including 
     Federal records disposed of pursuant to a records schedule 
     recovered through recycling or waste prevention programs. 
     Such funds shall be available until expended for the 
     following purposes:
       (1) Acquisition, waste reduction and prevention, and 
     recycling programs as described in Executive Order No. 13101 
     (September 14, 1998), including any such programs adopted 
     prior to the effective date of the Executive order.
       (2) Other Federal agency environmental management programs, 
     including, but not limited to, the development and 
     implementation of hazardous waste management and pollution 
     prevention programs.
       (3) Other employee programs as authorized by law or as 
     deemed appropriate by the head of the Federal agency.
       Sec. 608. Funds made available by this or any other Act for 
     administrative expenses in the current fiscal year of the 
     corporations and agencies subject to chapter 91 of title 31, 
     United States Code, shall be available, in addition to 
     objects for which such funds are otherwise available, for 
     rent in the District of Columbia; services in accordance with 
     5 U.S.C. 3109; and the objects specified under this head, all 
     the provisions of which shall be applicable to the 
     expenditure of such funds unless otherwise specified in the 
     Act by which they are made available: Provided,

[[Page 31437]]

     That in the event any functions budgeted as administrative 
     expenses are subsequently transferred to or paid from other 
     funds, the limitations on administrative expenses shall be 
     correspondingly reduced.
       Sec. 609. No part of any appropriation for the current 
     fiscal year contained in this or any other Act shall be paid 
     to any person for the filling of any position for which he or 
     she has been nominated after the Senate has voted not to 
     approve the nomination of said person.
       Sec. 610. No part of any appropriation contained in this or 
     any other Act shall be available for interagency financing of 
     boards (except Federal Executive Boards), commissions, 
     councils, committees, or similar groups (whether or not they 
     are interagency entities) which do not have a prior and 
     specific statutory approval to receive financial support from 
     more than one agency or instrumentality.
       Sec. 611. Funds made available by this or any other Act to 
     the Postal Service Fund (39 U.S.C. 2003) shall be available 
     for employment of guards for all buildings and areas owned or 
     occupied by the Postal Service and under the charge and 
     control of the Postal Service, and such guards shall have, 
     with respect to such property, the powers of special 
     policemen provided by the first section of the Act of June 1, 
     1948, as amended (62 Stat. 281; 40 U.S.C. 318), and, as to 
     property owned or occupied by the Postal Service, the 
     Postmaster General may take the same actions as the 
     Administrator of General Services may take under the 
     provisions of sections 2 and 3 of the Act of June 1, 1948, as 
     amended (62 Stat. 281; 40 U.S.C. 318a and 318b), attaching 
     thereto penal consequences under the authority and within the 
     limits provided in section 4 of the Act of June 1, 1948, as 
     amended (62 Stat. 281; 40 U.S.C. 318c).
       Sec. 612. None of the funds made available pursuant to the 
     provisions of this Act shall be used to implement, 
     administer, or enforce any regulation which has been 
     disapproved pursuant to a resolution of disapproval duly 
     adopted in accordance with the applicable law of the United 
     States.
       Sec. 613. (a) Notwithstanding any other provision of law, 
     and except as otherwise provided in this section, no part of 
     any of the funds appropriated for fiscal year 2004, by this 
     or any other Act, may be used to pay any prevailing rate 
     employee described in section 5342(a)(2)(A) of title 5, 
     United States Code--
       (1) during the period from the date of expiration of the 
     limitation imposed by the comparable section for previous 
     fiscal years until the normal effective date of the 
     applicable wage survey adjustment that is to take effect in 
     fiscal year 2004, in an amount that exceeds the rate payable 
     for the applicable grade and step of the applicable wage 
     schedule in accordance with such section; and
       (2) during the period consisting of the remainder of fiscal 
     year 2004, in an amount that exceeds, as a result of a wage 
     survey adjustment, the rate payable under paragraph (1) by 
     more than the sum of--
       (A) the percentage adjustment taking effect in fiscal year 
     2004 under section 5303 of title 5, United States Code, in 
     the rates of pay under the General Schedule; and
       (B) the difference between the overall average percentage 
     of the locality-based comparability payments taking effect in 
     fiscal year 2004 under section 5304 of such title (whether by 
     adjustment or otherwise), and the overall average percentage 
     of such payments which was effective in the previous fiscal 
     year under such section.
       (b) Notwithstanding any other provision of law, no 
     prevailing rate employee described in subparagraph (B) or (C) 
     of section 5342(a)(2) of title 5, United States Code, and no 
     employee covered by section 5348 of such title, may be paid 
     during the periods for which subsection (a) is in effect at a 
     rate that exceeds the rates that would be payable under 
     subsection (a) were subsection (a) applicable to such 
     employee.
       (c) For the purposes of this section, the rates payable to 
     an employee who is covered by this section and who is paid 
     from a schedule not in existence on September 30, 2003, shall 
     be determined under regulations prescribed by the Office of 
     Personnel Management.
       (d) Notwithstanding any other provision of law, rates of 
     premium pay for employees subject to this section may not be 
     changed from the rates in effect on September 30, 2003, 
     except to the extent determined by the Office of Personnel 
     Management to be consistent with the purpose of this section.
       (e) This section shall apply with respect to pay for 
     service performed after September 30, 2003.
       (f) For the purpose of administering any provision of law 
     (including any rule or regulation that provides premium pay, 
     retirement, life insurance, or any other employee benefit) 
     that requires any deduction or contribution, or that imposes 
     any requirement or limitation on the basis of a rate of 
     salary or basic pay, the rate of salary or basic pay payable 
     after the application of this section shall be treated as the 
     rate of salary or basic pay.
       (g) Nothing in this section shall be considered to permit 
     or require the payment to any employee covered by this 
     section at a rate in excess of the rate that would be payable 
     were this section not in effect.
       (h) The Office of Personnel Management may provide for 
     exceptions to the limitations imposed by this section if the 
     Office determines that such exceptions are necessary to 
     ensure the recruitment or retention of qualified employees.
       Sec. 614. During the period in which the head of any 
     department or agency, or any other officer or civilian 
     employee of the Government appointed by the President of the 
     United States, holds office, no funds may be obligated or 
     expended in excess of $5,000 to furnish or redecorate the 
     office of such department head, agency head, officer, or 
     employee, or to purchase furniture or make improvements for 
     any such office, unless advance notice of such furnishing or 
     redecoration is expressly approved by the Committees on 
     Appropriations. For the purposes of this section, the term 
     ``office'' shall include the entire suite of offices assigned 
     to the individual, as well as any other space used primarily 
     by the individual or the use of which is directly controlled 
     by the individual.
       Sec. 615. Notwithstanding section 1346 of title 31, United 
     States Code, or section 610 of this Act, funds made available 
     for the current fiscal year by this or any other Act shall be 
     available for the interagency funding of national security 
     and emergency preparedness telecommunications initiatives 
     which benefit multiple Federal departments, agencies, or 
     entities, as provided by Executive Order No. 12472 (April 3, 
     1984).
       Sec. 616. (a) None of the funds appropriated by this or any 
     other Act may be obligated or expended by any Federal 
     department, agency, or other instrumentality for the salaries 
     or expenses of any employee appointed to a position of a 
     confidential or policy-determining character excepted from 
     the competitive service pursuant to section 3302 of title 5, 
     United States Code, without a certification to the Office of 
     Personnel Management from the head of the Federal department, 
     agency, or other instrumentality employing the Schedule C 
     appointee that the Schedule C position was not created solely 
     or primarily in order to detail the employee to the White 
     House.
       (b) The provisions of this section shall not apply to 
     Federal employees or members of the armed services detailed 
     to or from--
       (1) the Central Intelligence Agency;
       (2) the National Security Agency;
       (3) the Defense Intelligence Agency;
       (4) the offices within the Department of Defense for the 
     collection of specialized national foreign intelligence 
     through reconnaissance programs;
       (5) the Bureau of Intelligence and Research of the 
     Department of State;
       (6) any agency, office, or unit of the Army, Navy, Air 
     Force, and Marine Corps, the Department of Homeland Security, 
     the Federal Bureau of Investigation and the Drug Enforcement 
     Administration of the Department of Justice, the Department 
     of Transportation, the Department of the Treasury, and the 
     Department of Energy performing intelligence functions; and
       (7) the Director of Central Intelligence.
       Sec. 617. No department, agency, or instrumentality of the 
     United States receiving appropriated funds under this or any 
     other Act for the current fiscal year shall obligate or 
     expend any such funds, unless such department, agency, or 
     instrumentality has in place, and will continue to administer 
     in good faith, a written policy designed to ensure that all 
     of its workplaces are free from discrimination and sexual 
     harassment and that all of its workplaces are not in 
     violation of title VII of the Civil Rights Act of 1964, as 
     amended, the Age Discrimination in Employment Act of 1967, 
     and the Rehabilitation Act of 1973.
       Sec. 618. No part of any appropriation contained in this or 
     any other Act shall be available for the payment of the 
     salary of any officer or employee of the Federal Government, 
     who--
       (1) prohibits or prevents, or attempts or threatens to 
     prohibit or prevent, any other officer or employee of the 
     Federal Government from having any direct oral or written 
     communication or contact with any Member, committee, or 
     subcommittee of the Congress in connection with any matter 
     pertaining to the employment of such other officer or 
     employee or pertaining to the department or agency of such 
     other officer or employee in any way, irrespective of whether 
     such communication or contact is at the initiative of such 
     other officer or employee or in response to the request or 
     inquiry of such Member, committee, or subcommittee; or
       (2) removes, suspends from duty without pay, demotes, 
     reduces in rank, seniority, status, pay, or performance of 
     efficiency rating, denies promotion to, relocates, reassigns, 
     transfers, disciplines, or discriminates in regard to any 
     employment right, entitlement, or benefit, or any term or 
     condition of employment of, any other officer or employee of 
     the Federal Government, or attempts or threatens to commit 
     any of the foregoing actions with respect to such other 
     officer or employee, by reason of any communication or 
     contact of such other officer or employee with any Member, 
     committee, or subcommittee of the Congress as described in 
     paragraph (1).
       Sec. 619. (a) None of the funds made available in this or 
     any other Act may be obligated or expended for any employee 
     training that--
       (1) does not meet identified needs for knowledge, skills, 
     and abilities bearing directly upon the performance of 
     official duties;
       (2) contains elements likely to induce high levels of 
     emotional response or psychological stress in some 
     participants;
       (3) does not require prior employee notification of the 
     content and methods to be used in the training and written 
     end of course evaluation;
       (4) contains any methods or content associated with 
     religious or quasi-religious belief systems or ``new age'' 
     belief systems as defined in Equal Employment Opportunity 
     Commission Notice N-915.022, dated September 2, 1988; or
       (5) is offensive to, or designed to change, participants' 
     personal values or lifestyle outside the workplace.

[[Page 31438]]

       (b) Nothing in this section shall prohibit, restrict, or 
     otherwise preclude an agency from conducting training bearing 
     directly upon the performance of official duties.
       Sec. 620. No funds appropriated in this or any other Act 
     may be used to implement or enforce the agreements in 
     Standard Forms 312 and 4414 of the Government or any other 
     nondisclosure policy, form, or agreement if such policy, 
     form, or agreement does not contain the following provisions: 
     ``These restrictions are consistent with and do not 
     supersede, conflict with, or otherwise alter the employee 
     obligations, rights, or liabilities created by Executive 
     Order No. 12958; section 7211 of title 5, United States Code 
     (governing disclosures to Congress); section 1034 of title 
     10, United States Code, as amended by the Military 
     Whistleblower Protection Act (governing disclosure to 
     Congress by members of the military); section 2302(b)(8) of 
     title 5, United States Code, as amended by the Whistleblower 
     Protection Act (governing disclosures of illegality, waste, 
     fraud, abuse or public health or safety threats); the 
     Intelligence Identities Protection Act of 1982 (50 U.S.C. 421 
     et seq.) (governing disclosures that could expose 
     confidential Government agents); and the statutes which 
     protect against disclosure that may compromise the national 
     security, including sections 641, 793, 794, 798, and 952 of 
     title 18, United States Code, and section 4(b) of the 
     Subversive Activities Act of 1950 (50 U.S.C. 783(b)). The 
     definitions, requirements, obligations, rights, sanctions, 
     and liabilities created by said Executive order and listed 
     statutes are incorporated into this agreement and are 
     controlling.'': Provided, That notwithstanding the preceding 
     paragraph, a nondisclosure policy form or agreement that is 
     to be executed by a person connected with the conduct of an 
     intelligence or intelligence-related activity, other than an 
     employee or officer of the United States Government, may 
     contain provisions appropriate to the particular activity for 
     which such document is to be used. Such form or agreement 
     shall, at a minimum, require that the person will not 
     disclose any classified information received in the course of 
     such activity unless specifically authorized to do so by the 
     United States Government. Such nondisclosure forms shall also 
     make it clear that they do not bar disclosures to Congress or 
     to an authorized official of an executive agency or the 
     Department of Justice that are essential to reporting a 
     substantial violation of law.
       Sec. 621. No part of any funds appropriated in this or any 
     other Act shall be used by an agency of the executive branch, 
     other than for normal and recognized executive-legislative 
     relationships, for publicity or propaganda purposes, and for 
     the preparation, distribution or use of any kit, pamphlet, 
     booklet, publication, radio, television or film presentation 
     designed to support or defeat legislation pending before the 
     Congress, except in presentation to the Congress itself.
       Sec. 622. None of the funds appropriated by this or any 
     other Act may be used by an agency to provide a Federal 
     employee's home address to any labor organization except when 
     the employee has authorized such disclosure or when such 
     disclosure has been ordered by a court of competent 
     jurisdiction.
       Sec. 623. None of the funds made available in this Act or 
     any other Act may be used to provide any non-public 
     information such as mailing or telephone lists to any person 
     or any organization outside of the Federal Government without 
     the approval of the Committees on Appropriations.
       Sec. 624. No part of any appropriation contained in this or 
     any other Act shall be used for publicity or propaganda 
     purposes within the United States not heretofore authorized 
     by the Congress.
       Sec. 625. (a) In this section the term ``agency''--
       (1) means an Executive agency as defined under section 105 
     of title 5, United States Code;
       (2) includes a military department as defined under section 
     102 of such title, the Postal Service, and the Postal Rate 
     Commission; and
       (3) shall not include the General Accounting Office.
       (b) Unless authorized in accordance with law or regulations 
     to use such time for other purposes, an employee of an agency 
     shall use official time in an honest effort to perform 
     official duties. An employee not under a leave system, 
     including a Presidential appointee exempted under section 
     6301(2) of title 5, United States Code, has an obligation to 
     expend an honest effort and a reasonable proportion of such 
     employee's time in the performance of official duties.
       Sec. 626. Notwithstanding 31 U.S.C. 1346 and section 610 of 
     this Act, funds made available for the current fiscal year by 
     this or any other Act to any department or agency, which is a 
     member of the Joint Financial Management Improvement Program 
     (JFMIP), shall be available to finance an appropriate share 
     of JFMIP administrative costs, as determined by the JFMIP, 
     but not to exceed a total of $800,000 including the salary of 
     the Executive Director and staff support.
       Sec. 627. Notwithstanding 31 U.S.C. 1346 and section 610 of 
     this Act, the head of each Executive department and agency is 
     hereby authorized to transfer to or reimburse the ``Policy 
     and Citizen Services'' account, General Services 
     Administration, with the approval of the Director of the 
     Office of Management and Budget, funds made available for the 
     current fiscal year by this or any other Act, including 
     rebates from charge card and other contracts. These funds 
     shall be administered by the Administrator of General 
     Services to support Government-wide financial, information 
     technology, procurement, and other management innovations, 
     initiatives, and activities, as approved by the Director of 
     the Office of Management and Budget, in consultation with the 
     appropriate interagency groups designated by the Director 
     (including the Chief Financial Officers Council and the Joint 
     Financial Management Improvement Program for financial 
     management initiatives, the Chief Information Officers 
     Council for information technology initiatives, and the 
     Procurement Executives Council for procurement initiatives). 
     The total funds transferred or reimbursed shall not exceed 
     $17,000,000. Such transfers or reimbursements may only be 
     made 15 days following notification of the Committees on 
     Appropriations by the Director of the Office of Management 
     and Budget.
       Sec. 628. None of the funds made available in this or any 
     other Act may be used by the Office of Personnel Management 
     or any other department or agency of the Federal Government 
     to prohibit any agency from using appropriated funds as they 
     see fit to independently contract with private companies to 
     provide online employment applications and processing 
     services.
       Sec. 629. Notwithstanding any other provision of law, a 
     woman may breastfeed her child at any location in a Federal 
     building or on Federal property, if the woman and her child 
     are otherwise authorized to be present at the location.
       Sec. 630. Nothwithstanding section 1346 of title 31, United 
     States Code, or section 610 of this Act, funds made available 
     for the current fiscal year by this or any other Act shall be 
     available for the interagency funding of specific projects, 
     workshops, studies, and similar efforts to carry out the 
     purposes of the National Science and Technology Council 
     (authorized by Executive Order No. 12881), which benefit 
     multiple Federal departments, agencies, or entities: 
     Provided, That the Office of Management and Budget shall 
     provide a report describing the budget of and resources 
     connected with the National Science and Technology Council to 
     the Committees on Appropriations, the House Committee on 
     Science; and the Senate Committee on Commerce, Science, and 
     Transportation 90 days after enactment of this Act.
       Sec. 631. Any request for proposals, solicitation, grant 
     application, form, notification, press release, or other 
     publications involving the distribution of Federal funds 
     shall indicate the agency providing the funds, the Catalog of 
     Federal Domestic Assistance Number, as applicable, and the 
     amount provided. This provision shall apply to direct 
     payments, formula funds, and grants received by a State 
     receiving Federal funds.
       Sec. 632. Subsection (f) of section 403 of Public Law 103-
     356 (31 U.S.C. 501 note) is amended by striking ``October 1, 
     2003'' and inserting ``October 1, 2004''.
       Sec. 633. (a) Prohibition of Federal Agency Monitoring of 
     Personal Information on Use of Internet.--None of the funds 
     made available in this or any other Act may be used by any 
     Federal agency--
       (1) to collect, review, or create any aggregate list, 
     derived from any means, that includes the collection of any 
     personally identifiable information relating to an 
     individual's access to or use of any Federal Government 
     Internet site of the agency; or
       (2) to enter into any agreement with a third party 
     (including another government agency) to collect, review, or 
     obtain any aggregate list, derived from any means, that 
     includes the collection of any personally identifiable 
     information relating to an individual's access to or use of 
     any nongovernmental Internet site.
       (b) Exceptions.--The limitations established in subsection 
     (a) shall not apply to--
       (1) any record of aggregate data that does not identify 
     particular persons;
       (2) any voluntary submission of personally identifiable 
     information;
       (3) any action taken for law enforcement, regulatory, or 
     supervisory purposes, in accordance with applicable law; or
       (4) any action described in subsection (a)(1) that is a 
     system security action taken by the operator of an Internet 
     site and is necessarily incident to the rendition of the 
     Internet site services or to the protection of the rights or 
     property of the provider of the Internet site.
       (c) Definitions.--For the purposes of this section:
       (1) The term ``regulatory'' means agency actions to 
     implement, interpret or enforce authorities provided in law.
       (2) The term ``supervisory'' means examinations of the 
     agency's supervised institutions, including assessing safety 
     and soundness, overall financial condition, management 
     practices and policies and compliance with applicable 
     standards as provided in law.
       Sec. 634. (a) None of the funds appropriated by this Act 
     may be used to enter into or renew a contract which includes 
     a provision providing prescription drug coverage, except 
     where the contract also includes a provision for 
     contraceptive coverage.
       (b) Nothing in this section shall apply to a contract 
     with--
       (1) any of the following religious plans:
       (A) Personal Care's HMO; and
       (B) OSF Health Plans, Inc.; and
       (2) any existing or future plan, if the carrier for the 
     plan objects to such coverage on the basis of religious 
     beliefs.
       (c) In implementing this section, any plan that enters into 
     or renews a contract under this

[[Page 31439]]

     section may not subject any individual to discrimination on 
     the basis that the individual refuses to prescribe or 
     otherwise provide for contraceptives because such activities 
     would be contrary to the individual's religious beliefs or 
     moral convictions.
       (d) Nothing in this section shall be construed to require 
     coverage of abortion or abortion-related services.
       Sec. 635. The Congress of the United States recognizes the 
     United States Anti-Doping Agency (USADA) as the official 
     anti-doping agency for Olympic, Pan American, and Paralympic 
     sport in the United States.
       Sec. 636. Not later than 6 months after the date of 
     enactment of this Act, the Inspector General of each 
     applicable department or agency shall submit to the Committee 
     on Appropriations a report detailing what policies and 
     procedures are in place for each department or agency to give 
     first priority to the location of new offices and other 
     facilities in rural areas, as directed by the Rural 
     Development Act of 1972.
       Sec. 637. None of the funds made available under this or 
     any other Act for fiscal year 2004 shall be expended for the 
     purchase of a product or service offered by Federal Prison 
     Industries, Inc. unless the agency making such purchase 
     determines that such offered product or service provides the 
     best value to the buying agency pursuant to governmentwide 
     procurement regulations, issued pursuant to section 25(c)(1) 
     of the Office of Federal Procurement Act (41 U.S.C. 
     421(c)(1)) that impose procedures, standards, and limitations 
     of section 2410n of title 10, United States Code.
       Sec. 638. Each Executive department and agency shall 
     evaluate the creditworthiness of an individual before issuing 
     the individual a government purchase charge card or 
     government travel charge card. The department or agency may 
     not issue a government purchase charge card or government 
     travel charge card to an individual that either lacks a 
     credit history or is found to have an unsatisfactory credit 
     history as a result of this evaluation: Provided, That this 
     restriction shall not preclude issuance of a restricted-use 
     charge, debit, or stored value card made in accordance with 
     agency procedures to (a) an individual with an unsatisfactory 
     credit history where such card is used to pay travel expenses 
     and the agency determines there is no suitable alternative 
     payment mechanism available before issuing the card, or (b) 
     an individual who lacks a credit history. Each Executive 
     department and agency shall establish guidelines and 
     procedures for disciplinary actions to be taken against 
     agency personnel for improper, fraudulent, or abusive use of 
     government charge cards, which shall include appropriate 
     disciplinary actions for use of charge cards for purposes, 
     and at establishments, that are inconsistent with the 
     official business of the Department or agency or with 
     applicable standards of conduct.
       Sec. 639. Section 640(c) of the Treasury and General 
     Government Appropriations Act, 2000 (Public Law 106-58; 2 
     U.S.C. 437g note 1), as amended by section 642 of the 
     Treasury and General Government Appropriations Act, 2002 
     (Public Law 107-67), is amended by striking ``December 31, 
     2003'' and inserting ``December 31, 2005''.
       Sec. 640. (a) The adjustment in rates of basic pay for 
     employees under the statutory pay systems that takes effect 
     in fiscal year 2004 under sections 5303 and 5304 of title 5, 
     United States Code, shall be an increase of 4.1 percent, and 
     this adjustment shall apply to civilian employees in the 
     Department of Defense and the Department of Homeland Security 
     and such adjustments shall be effective as of the first day 
     of the first applicable pay period beginning on or after 
     January 1, 2004.
       (b) Notwithstanding section 613 of this Act, the adjustment 
     in rates of basic pay for the statutory pay systems that take 
     place in fiscal year 2004 under sections 5344 and 5348 of 
     title 5, United States Code, shall be no less than the 
     percentage in paragraph (a) as employees in the same location 
     whose rates of basic pay are adjusted pursuant to the 
     statutory pay systems under section 5303 and 5304 of title 5, 
     United States Code. Prevailing rate employees at locations 
     where there are no employees whose pay is increased pursuant 
     to sections 5303 and 5304 of title 5 and prevailing rate 
     employees described in section 5343(a)(5) of title 5 shall be 
     considered to be located in the pay locality designated as 
     ``Rest of US'' pursuant to section 5304 of title 5 for 
     purposes of this paragraph.
       (c) Funds used to carry out this section shall be paid from 
     appropriations, which are made to each applicable department 
     or agency for salaries and expenses for fiscal year 2004.
       Sec. 641. Section 304(a) of the Federal Election Campaign 
     Act of 1971 (2 U.S.C. 434(a)) is amended as follows:
       (1) in clauses (a)(2)(A)(i) and (a)(4)(A)(ii) by striking 
     the parenthetical ``(or posted by registered or certified 
     mail no later than the 15th day before)'' and inserting in 
     its place, ``(or posted by any of the following: registered 
     mail, certified mail, priority mail having a delivery 
     confirmation, or express mail having a delivery confirmation, 
     or delivered to an overnight delivery service with an on-line 
     tracking system, if posted or delivered no later than the 
     15th day before)''; and
       (2) by striking paragraph (a)(5) and inserting the 
     following:
       ``(5) If a designation, report, or statement filed pursuant 
     to this Act (other than under paragraph (2)(A)(i) or 
     (4)(A)(ii) or subsection (g)(1)) is sent by registered mail, 
     certified mail, priority mail having a delivery confirmation, 
     or express mail having a delivery confirmation, the United 
     States postmark shall be considered the date of filing the 
     designation, report or statement. If a designation, report or 
     statement filed pursuant to this Act (other than under 
     paragraph (2)(A)(i) or (4)(A)(ii), or subsection (g)(1)) is 
     sent by an overnight delivery service with an on-line 
     tracking system, the date on the proof of delivery to the 
     delivery service shall be considered the date of filing of 
     the designation, report, or statement.''.
       Sec. 642. Notwithstanding any other provision of law, funds 
     appropriated for official travel by Federal departments and 
     agencies may be used by such departments and agencies, if 
     consistent with Office of Management and Budget Circular A-
     126 regarding official travel for Government personnel, to 
     participate in the fractional aircraft ownership pilot 
     program.
       Sec. 643. Notwithstanding any other provision of law, no 
     executive branch agency shall purchase, construct, and/or 
     lease any additional facilities, except within or contiguous 
     to existing locations, to be used for the purpose of 
     conducting Federal law enforcement training without the 
     advance approval of the Committees on Appropriations, except 
     that the Federal Law Enforcement Training Center is 
     authorized to obtain the temporary use of additional 
     facilities by lease, contract, or other agreement for 
     training which cannot be accommodated in existing Center 
     facilities.
       Sec. 644. None of the funds provided in this Act shall be 
     used to implement or enforce regulations for locality pay 
     areas in fiscal year 2004 that are inconsistent with the 
     recommendations of the Federal Salary Council adopted on 
     October 7, 2003.
       Sec. 645. (a) Not later than 180 days after the enactment 
     of this Act, the head of each Federal agency shall submit a 
     report to Congress on the amount of the acquisitions made by 
     the agency from entities that manufacture the articles, 
     materials, or supplies outside of the United States in that 
     fiscal year.
       (b) The report required by subsection (a) shall separately 
     indicate--
       (1) the dollar value of any articles, materials, or 
     supplies purchased that were manufactured outside of the 
     United States;
       (2) an itemized list of all waivers granted with respect to 
     such articles, materials, or supplies under the Buy American 
     Act (41 U.S.C. 10a et seq.); and
       (3) a summary of the total procurement funds spent on goods 
     manufactured in the United States versus funds spent on goods 
     manufactured outside of the United States.
       (c) The head of each Federal agency submitting a report 
     under subsection (a) shall make the report publicly available 
     to the maximum extent practicable.
       Sec. 646. Notwithstanding any other provision of law, none 
     of the funds appropriated or made available under this Act or 
     any other appropriations Act may be used to implement or 
     enforce restrictions or limitations on the Coast Guard 
     Congressional Fellowship Program, or to implement the 
     proposed regulations of the Office of Personnel Management to 
     add sections 300.311 through 300.316 to part 300 of title 5 
     of the Code of Federal Regulations, published in the Federal 
     Register, volume 68, number 174, on September 9, 2003 
     (relating to the detail of executive branch employees to the 
     legislative branch): Provided, That if such proposed 
     regulations are final regulations on the date of enactment of 
     this Act, none of the funds appropriated or made available 
     under this Act may be used to implement, administer, or 
     enforce such final regulations.
       Sec. 647. (a) Limitation on Conversion to Contractor 
     Performance.--None of the funds appropriated by this Act 
     shall be available to convert to contractor performance an 
     activity or function of an executive agency, that on or after 
     the date of enactment of this Act, is performed by more than 
     ten federal employees unless--
       (1) the conversion is based on the result of a public-
     private competition plan that includes a most efficient and 
     cost effective organization plan developed by such activity 
     or function; and
       (2) the Competitive Sourcing Official considers, as part of 
     the cost or price evaluation, whether over all performance 
     periods stated in the solicitation of offers for performance 
     of the activity or function, the cost of performance of the 
     activity or function by a contractor would be less costly to 
     the executive agency by an amount that equals or exceeds the 
     lesser of--
       (A) 10 percent of the most efficient organization's 
     personnel-related costs for performance of that activity or 
     function by Federal employees; or
       (B) $10,000,000.
       (b) Not later than 120 days following the enactment of this 
     Act and not later than December 31 of each year thereafter, 
     the head of each executive agency shall submit to Congress a 
     report on the competitive sourcing activities on the list 
     required under the Federal Activities Inventory Reform Act of 
     1998 (Public Law 105-270; 31 U.S.C. 501 note) that were 
     performed for such executive agency during the previous 
     fiscal year by Federal Government sources. The report shall 
     include--
       (1) the total number of competitions completed;
       (2) the total number of competitions announced, together 
     with a list of the activities covered by such competitions;
       (3) the total number (expressed as a full-time employee 
     equivalent number) of the Federal employees studied under 
     completed competitions;
       (4) the total number (expressed as a full-time employee 
     equivalent number) of the Federal employees that are being 
     studied under competitions announced but not completed;

[[Page 31440]]

       (5) the incremental cost directly attributable to 
     conducting the competitions identified under paragraphs (1) 
     and (2), including costs attributable to paying outside 
     consultants and contractors;
       (6) an estimate of the total anticipated savings, or a 
     quantifiable description of improvements in service or 
     performance, derived from completed competitions;
       (7) actual savings, or a quantifiable description of 
     improvements in service or performance, derived from the 
     implementation of competitions completed after May 29, 2003;
       (8) the total projected number (expressed as a full-time 
     employee equivalent number) of the Federal employees that are 
     to be covered by competitions scheduled to be announced in 
     the fiscal year covered by the next report required under 
     this section; and
       (9) a general description of how the competitive sourcing 
     decisionmaking processes of the executive agency are aligned 
     with the strategic workforce plan of that executive agency.
       (c) The head of an executive agency may not be required, 
     under Office of Management and Budget Circular A-76 or any 
     other policy, directive, or regulation, to automatically 
     limit to 5 years or less the performance period in a letter 
     of obligation, or other agreement, issued to executive agency 
     employees, if such a letter or other agreement was issued as 
     the result of a public-private competition conducted in 
     accordance with the circular.
       (d) Hereafter, the head of an executive agency may expend 
     funds appropriated or otherwise made available for any 
     purpose to the executive agency under this or any other Act 
     to monitor (in the administration of responsibilities under 
     Office of Management and Budget Circular A-76 or any related 
     policy, directive, or regulation) the performance of an 
     activity or function of the executive agency that has 
     previously been subjected to a public-private competition 
     under such circular.
       (e) An activity or function of an executive agency that is 
     converted to contractor performance under Office of 
     Management and Budget Circular A-76 may not be performed by 
     the contractor at a location outside the United States except 
     to the extent that such activity or function was previously 
     performed by Federal Government employees outside the United 
     States.
       (f) In this section, the term ``executive agency'' has the 
     meaning given such term in section 4 of the Office of Federal 
     Procurement Policy Act (41 U.S.C. 403).
       Sec. 648. Notwithstanding section 1346 of title 31, United 
     States Code, and section 610 of this Act, the head of each 
     executive department and agency shall transfer to or 
     reimburse the Federal Aviation Administration, with the 
     approval of the Director of the Office of Management and 
     Budget, funds made available by this or any other Act for the 
     purposes described below, and shall submit budget requests 
     for such purposes. These funds shall be administered by the 
     Federal Aviation Administration as approved by the Director 
     of the Office of Management and Budget, in consultation with 
     the appropriate interagency groups designated by the Director 
     to ensure the operation of the Midway Atoll Airfield by the 
     Federal Aviation Administration pursuant to an operational 
     agreement with the Department of the Interior. The total 
     funds transferred or reimbursed shall not exceed $6,000,000 
     and shall not be available for activities other than the 
     operation of the airfield. The Director of the Office of 
     Management and Budget shall notify the Committees on 
     Appropriations of such transfers or reimbursements within 15 
     days of this Act. Such transfers or reimbursements shall 
     begin within 30 days of enactment of this Act.
       This division may be cited as the ``Transportation, 
     Treasury, and Independent Agencies Appropriations Act, 
     2004''.

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

                                 AN ACT

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

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

                TITLE I--DEPARTMENT OF VETERANS AFFAIRS

                    Veterans Benefits Administration


                       Compensation and Pensions

                     (including transfer of funds)

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


                         readjustment benefits

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


                   veterans insurance and indemnities

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


         veterans housing benefit program fund program account

                     (including transfer of funds)

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


                  education loan fund program account

                     (including transfer of funds)

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


            vocational rehabilitation loans program account

                     (including transfer of funds)

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


          native american veteran housing loan program account

                     (including transfer of funds)

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

  guaranteed transitional housing loans for homeless veterans program 
                                account

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

                     Veterans Health Administration


                            medical services

       For necessary expenses for furnishing, as authorized by 
     law, inpatient and outpatient care and treatment to 
     beneficiaries of the Department of Veterans Affairs and 
     veterans described in paragraphs (1) through (8) of section 
     1705(a) of title 38, United States Code, including care and 
     treatment in facilities not under the jurisdiction of the 
     department and including medical

[[Page 31441]]

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


                         medical administration

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


                           medical facilities

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


                    medical and prosthetic research

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

                      Departmental Administration


                       general operating expenses

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


                    national cemetery administration

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


                      office of inspector general

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


                      construction, major projects

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


                      construction, minor projects

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


       grants for construction of state extended care facilities

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


        grants for the construction of state veterans cemeteries

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


                       administrative provisions

                    (including rescission of funds)

       Sec. 101. Any appropriation for fiscal year 2004 for 
     ``Compensation and pensions'', ``Readjustment benefits'', and 
     ``Veterans insurance and indemnities'' may be transferred to 
     any other of the mentioned appropriations.
       Sec. 102. Appropriations available to the Department of 
     Veterans Affairs for fiscal year 2004 for salaries and 
     expenses shall be available for services authorized by 5 
     U.S.C. 3109 hire of passenger motor vehicles; lease of a 
     facility or land or both; and uniforms or allowances 
     therefore, as authorized by 5 U.S.C. 5901-5902.
       Sec. 103. No appropriations in this Act for the Department 
     of Veterans Affairs (except the appropriations for 
     ``Construction, major projects'',

[[Page 31442]]

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

         TITLE II--DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

                       Public and Indian Housing


                        housing certificate fund

              (including transfer and rescission of funds)

       For activities and assistance under the United States 
     Housing Act of 1937, as amended (42 U.S.C. 1437 et seq.) 
     (``the Act'' herein), not otherwise provided for, 
     $19,371,481,762, and amounts that are recaptured in this 
     account, to remain available until expended: Provided, That 
     of the amounts made available under this heading, 
     $15,171,481,762 and the aforementioned recaptures shall be 
     available on October 1, 2003 and $4,200,000,000 shall be 
     available on October 1, 2004: Provided further, That amounts 
     made available under this heading are provided as follows:
       (1) $17,635,130,745 for expiring or terminating section 8 
     project-based subsidy contracts (including section 8 moderate 
     rehabilitation contracts), for amendments to section 8 
     project-based subsidy contracts, for contracts entered into 
     pursuant to section 441 of the McKinney-Vento Homeless 
     Assistance Act, for the renewal of section 8 contracts for 
     units in projects that are subject to approved plans of 
     action under the Emergency Low Income Housing Preservation 
     Act of 1987 or the Low-Income Housing Preservation and 
     Resident Homeownership Act of 1990, and for renewals of 
     expiring section 8 tenant-based annual contributions 
     contracts (including amendments and renewals of enhanced 
     vouchers under any provision of law authorizing such 
     assistance under section 8(t) of the Act (42 U.S.C. 
     1437f(t))): Provided, That notwithstanding any other 
     provision of law, the Secretary shall renew expiring section 
     8 tenant-based annual contributions contracts for each public 
     housing agency, (including for agencies participating in the 
     Moving to Work demonstration, unit months representing 
     section 8 tenant-based assistance funds committed by the 
     public housing agency for specific purposes, other than 
     reserves, that are authorized pursuant to any agreement and 
     conditions entered into under such demonstration, and 
     utilized in compliance with any applicable program obligation 
     deadlines) based on the total number of unit months which 
     were under lease as reported on the most recent end-of-year 
     financial statement submitted

[[Page 31443]]

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


                      public housing capital fund

                     (including transfer of funds)

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


                     public housing operating fund

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


     revitalization of severely distressed public housing (hope VI)

       For grants to public housing agencies for demolition, site 
     revitalization, replacement housing, and tenant-based 
     assistance grants to projects as authorized by section 24 of 
     the United States Housing Act of 1937, as amended, 
     $150,000,000, to remain available until September 30, 2005, 
     of which the Secretary may use up to $4,000,000 for technical 
     assistance and contract expertise, to be provided directly or 
     indirectly by grants, contracts or cooperative agreements, 
     including

[[Page 31444]]

     training and cost of necessary travel for participants in 
     such training, by or to officials and employees of the 
     department and of public housing agencies and to residents: 
     Provided, That none of such funds shall be used directly or 
     indirectly by granting competitive advantage in awards to 
     settle litigation or pay judgments, unless expressly 
     permitted herein.


                  native american housing block grants

                     (including transfers of funds)

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


           indian housing loan guarantee fund program account

                     (including transfer of funds)

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


      native hawaiian housing loan guarantee fund program account


                     (including transfer of funds)

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

                   Community Planning and Development


              housing opportunities for persons with aids

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


                 rural housing and economic development

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


                empowerment zones/enterprise communities

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


                       community development fund

                     (including transfers of funds)

       For assistance to units of State and local government, and 
     to other entities, for economic and community development 
     activities, and for other purposes, $4,950,000,000, to remain 
     available until September 30, 2006: Provided, That of the 
     amount provided, $4,356,550,000 is for carrying out the 
     community development block grant program under title I of 
     the Housing and Community Development Act of 1974, as amended 
     (the ``Act'' herein) (42 U.S.C. 5301 et seq.): Provided 
     further, That unless explicitly provided for under this 
     heading (except for planning grants provided in the third 
     paragraph and amounts made available in the second 
     paragraph), not to exceed 20 percent of any grant made with 
     funds appropriated under this heading (other than a grant 
     made available in this paragraph to the Housing Assistance 
     Council or the National American Indian Housing Council, or a 
     grant using funds under section 107(b)(3) of the Act) shall 
     be expended for planning and management development and 
     administration: Provided further, That $72,000,000 shall be 
     for grants to Indian tribes notwithstanding section 106(a)(1) 
     of such Act; $3,300,000 shall be for a grant to the Housing 
     Assistance Council; $2,500,000 shall be for a grant to the 
     National American Indian Housing Council; $5,000,000 shall be 
     available as a grant to the National Housing Development 
     Corporation, for operating expenses not to exceed $2,000,000 
     and for a program of affordable housing acquisition and 
     rehabilitation; $5,000,000 shall be available as a grant to 
     the National Council of La Raza for the HOPE Fund, of which 
     $500,000 is for technical assistance and fund management, and 
     $4,500,000 is for investments in the HOPE Fund and financing 
     to affiliated organizations; $52,000,000 shall be for grants 
     pursuant to section 107 of the Act, of which $9,500,000 shall 
     be for the Native Hawaiian block grant authorized under title 
     VIII of the Native American Housing Assistance and Self-
     Determination Act of 1996; no less than $4,900,000 shall be 
     transferred to the Working Capital Fund for the development 
     of and modification to information technology systems which 
     serve programs or activities under ``Community planning and 
     development''; $27,000,000 shall be for grants pursuant to 
     the Self Help Homeownership Opportunity Program; $34,750,000 
     shall be for capacity building, of which $30,000,000 shall be 
     for Capacity Building for Community Development and 
     Affordable Housing for LISC and the Enterprise Foundation for 
     activities as authorized by section 4 of the HUD 
     Demonstration Act of 1993 (42 U.S.C. 9816 note), as in effect 
     immediately before June 12, 1997, with not less than 
     $5,000,000 of the funding to be used in rural areas, 
     including tribal areas, and of which $4,750,000 shall be for 
     capacity building activities administered by Habitat for 
     Humanity International; $65,000,000 shall be available for 
     YouthBuild program activities authorized by subtitle D of 
     title IV of the Cranston-Gonzalez National Affordable Housing 
     Act, as amended, and such activities shall be an eligible 
     activity with respect to any funds made available under this 
     heading: Provided, That local YouthBuild programs that 
     demonstrate an ability to leverage private and nonprofit 
     funding shall be given a priority for YouthBuild funding: 
     Provided further, That no more than 10 percent of any grant 
     award under the YouthBuild program may be used for 
     administrative costs: Provided further, That of the amount 
     made available for YouthBuild not less than $10,000,000 is 
     for grants to establish YouthBuild programs in underserved 
     and rural areas and $2,000,000 is to be made available for a 
     grant to YouthBuild USA for capacity building for community 
     development and affordable housing activities as specified in 
     section 4 of the HUD Demonstration Act of 1993, as amended.
       Of the amount made available under this heading, 
     $44,000,000 shall be available for neighborhood initiatives 
     that are utilized to improve the conditions of distressed and 
     blighted areas and neighborhoods, to stimulate investment, 
     economic diversification, and community revitalization in 
     areas with population outmigration or a stagnating or 
     declining economic base, or to determine whether housing 
     benefits can be integrated more effectively with welfare 
     reform initiatives: Provided, That amounts made available 
     under this paragraph shall be provided in accordance with the 
     terms and conditions specified in the joint explanatory 
     statement of the managers accompanying this Act.
       Of the amount made available under this heading, 
     $278,000,000 shall be available for grants for the Economic 
     Development Initiative (EDI) to finance a variety of targeted 
     economic investments in accordance with the terms and 
     conditions specified in the joint explanatory statement of 
     the managers accompanying this Act: Provided, That none of 
     the funds provided under this paragraph may be used for 
     program operations.
       The referenced statement of the managers under this heading 
     in Public Law 107-73 is deemed to be amended with respect to 
     the amount made available to the North Carolina Community 
     Land Trust Initiative by striking ``North Carolina Community 
     Land Trust Initiative'' and inserting ``Orange Community 
     Housing and Land Trust''.
       The referenced statement of the managers under this heading 
     in Public Law 107-73 is

[[Page 31445]]

     deemed to be amended with respect to the amount made 
     available to the Willacy County Boys and Girls Club in 
     Willacy County, Texas by striking ``Willacy County Boys and 
     Girls Club in Willacy County, Texas'' and inserting ``Willacy 
     County, Texas''.
       The referenced statement of the managers under this heading 
     in title II of division K of the Consolidated Appropriations 
     Resolution, 2003 (Public Law 108-7; H. Rept. 108-10) is 
     deemed to be amended with respect to item number 17 by 
     striking ``for sidewalks, curbs, street lighting, outdoor 
     furniture and facade improvements in the Mill Village 
     neighborhood'' and inserting ``for the restoration and 
     renovation of houses within the Lincoln or Dallas mill 
     villages''.
       The referenced statement of the managers under this heading 
     in Public Law 107-73 is deemed to be amended with respect to 
     the amount made available to the Metropolitan Development 
     Association in Syracuse, New York by inserting ``and other 
     economic development planning and revitalization activities'' 
     after the word ``study''.
       The referenced statement of the managers under this heading 
     in Public Law 107-73 is deemed to be amended with respect to 
     the amount made available to the Staten Island Freedom 
     Memorial Fund by striking ``Staten Island Freedom Memorial 
     Fund for the construction of a memorial in the Staten Island 
     community of St. George, New York'' and inserting ``Staten 
     Island Botanical Garden for construction and related 
     activities for a healing garden''.
       The referenced statement of the managers under this heading 
     in title II of division K of the Consolidated Appropriations 
     Resolution, 2003 (Public Law 108-7; H. Rept. 108-10) is 
     deemed to be amended with respect to item number 526 by 
     striking ``for an economic development study for the 
     revitalization of Westchester'' and inserting ``for the 
     reconstruction of renaissance plaza at Main and Mamaroneck in 
     downtown White Plains''.
       The referenced statement of the managers under this heading 
     in title II of division K of the Consolidated Appropriations 
     Resolution, 2003 (Public Law 108-7; H. Rept. 108-10) is 
     deemed to be amended with respect to item number 877 by 
     striking ``West Virginia High Technology Consortium 
     Foundation, Inc. in Marion County, West Virginia for 
     facilities construction for a high-tech park'' and inserting 
     ``Glenville State College in Glenville, West Virginia for 
     construction of a new campus community education center''.
       The referenced statement of the managers under this heading 
     in title II of division K of the Consolidated Appropriations 
     Resolution, 2003 (Public Law 108-7; H. Rept. 108-10) is 
     deemed to be amended with respect to item number 126 by 
     striking ``for construction of'' and inserting ``for 
     facilities improvements and build out for''.
       The referenced statement of the managers under this heading 
     in title II of division K of the Consolidated Appropriations 
     Resolution, 2003 (Public Law 108-7; H. Rept. 108-10) is 
     deemed to be amended with respect to item number 721 by 
     striking ``training'' and inserting ``creation, small 
     business development and quality of life improvements within 
     the State of South Carolina''.
       The referenced statement of the managers under this heading 
     in title II of division K of the Consolidated Appropriations 
     Resolution, 2003 (Public Law 108-7; H. Rept. 108-10) is 
     deemed to be amended with respect to item number 317 by 
     striking ``135,000'' and inserting ``151,000''.
       The referenced statement of the managers under this heading 
     in title II of division K of the Consolidated Appropriations 
     Resolution, 2003 (Public Law 108-7; H. Rept. 108-10) is 
     deemed to be amended with respect to item number 324 by 
     striking ``225,000'' and inserting ``209,000''.
       The referenced statement of the managers under this heading 
     in title II of division K of the Consolidated Appropriations 
     Resolution, 2003 (Public Law 108-7; H. Rept. 108-10) is 
     deemed to be amended with respect to item number 74 by 
     striking ``renovation'' and inserting ``design and 
     construction''.
       The referenced statement of the managers under this heading 
     in title II of division K of the Consolidated Appropriations 
     Resolution, 2003 (Public Law 108-7; H. Rept. 108-10) is 
     deemed to be amended with respect to item number 718 by 
     striking ``construction'' and inserting ``renovation''.
       The referenced statement of the managers under this heading 
     in title II of division K of the Consolidated Appropriations 
     Resolution, 2003 (Public Law 108-7; H. Rept. 108-10) is 
     deemed to be amended with respect to item number 785 by 
     striking ``to the Town of Altavista, Virginia to assist with 
     renovations of the shell building industrial site'' and 
     inserting ``to the County of Campbell, Virginia for 
     development of the Winston Tract Commercial Center industrial 
     site''.
       The referenced statement of the managers under this heading 
     in title II of division K of the Consolidated Appropriations 
     Resolution, 2003 (Public Law 108-7; H. Rept. 108-10) is 
     deemed to be amended with respect to item number 253 by 
     striking ``to the Salvation Army/Boys and Girls Club-
     Northfolk community center'' and inserting ``to the Salvation 
     Army Boys and Girls Club in Louisville, Kentucky for the 
     renovation of the Newburg community center''.
       The referenced statement of the managers under this heading 
     in title II of division K of the Consolidated Appropriations 
     Resolution, 2003 (Public Law 108-7; H. Rept. 108-10) is 
     deemed to be amended with respect to item number 288 by 
     striking ``for building renovations'' and inserting ``for 
     signage, street furniture, sidewalks and streetscape 
     improvements''.
       The referenced statement of the managers under this heading 
     in title II of division K of the Consolidated Appropriations 
     Resolution, 2003 (Public Law 108-7; H. Rept. 108-10) is 
     deemed to be amended with respect to item number 217 by 
     striking ``$135,000 to the Village of Olympia Fields, 
     Illinois for construction of a hall, public library and 
     upgraded commuter station'' and inserting ``$135,000 to the 
     Village of Olympia Fields, Illinois, for sidewalks, street 
     lighting, neighborhood redevelopment improvements, and 
     building renovations''.
       The referenced statement of the managers under this heading 
     in title II of division K of the Consolidated Appropriations 
     Resolution, 2003 (Public Law 108-7; H. Rept. 108-10) is 
     deemed to be amended with respect to item number 809 by 
     striking ``$90,000 to the Department of Vermont Veterans of 
     Foreign Wars for the construction of the Green Block Veterans 
     Memorial in Brandon, Vermont and the Windsor, Vermont War 
     Memorial'' and inserting ``$90,000 to the Department of 
     Buildings and General Services of the State of Vermont for 
     the construction of the Brandon, Vermont Veterans Memorial 
     and the Windsor, Vermont War Memorial''.
       The referenced statement of the managers under this heading 
     in title II of division K of the Consolidated Appropriations 
     Resolution, 2003 (Public Law 108-7; H. Rept. 108-10) is 
     deemed to be amended with respect to item number 244 by 
     striking ``$900,000 to Purdue University in West Lafayette, 
     Indiana for facilities construction for the Northwest Indiana 
     Purdue Technology Center'' and inserting ``$900,000 to Purdue 
     Research Foundation in West Lafayette, Indiana for facilities 
     buildout for the Northwest Indiana Purdue Technology 
     Center''.
       The referenced statement of the managers under this heading 
     in Public Law 107-73 is deemed to be amended with respect to 
     the amount made available to Connecticut Hospice, Inc. of 
     Branford, Connecticut by striking ``for construction of a new 
     facility'' and inserting ``for facilities renovation and 
     equipment upgrades''.
       The referenced statement of the managers under this heading 
     in Public Law 107-73 is deemed to be amended with respect to 
     a grant made available to the United Way community services 
     facility in Anchorage, Alaska by striking ``the United Way 
     community services facility in Anchorage, Alaska to complete 
     construction of asocial service facility to serve low-income 
     people;'' and inserting in lieu thereof ``the Cook Inlet 
     Tribal Council, Inc. in Anchorage, Alaska as a federal 
     contribution for construction of asocial service facility to 
     serve low income people;''.
       The referenced statement of the managers under this heading 
     in title II of division K of the Consolidated Appropriations 
     Resolution, 2003 (Public Law 108-7; H. Rept. 108-10) is 
     deemed to be amended with respect to item number 137 by 
     striking ``Wilmington Housing Authority'' and inserting 
     ``City of Wilmington''.


                    Urban Development Action Grants

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


         community development loan guarantees program account

                     (including transfer of funds)

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


                       brownfields redevelopment

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


                  home investment partnerships program

                     (including transfer of funds)

       For the HOME investment partnerships program, as authorized 
     under title II of the Cranston-Gonzalez National Affordable 
     Housing Act, as amended, $1,930,000,000, to remain available 
     until September 30, 2006: Provided, That of the total amount 
     provided in this paragraph, up to $40,000,000 shall be 
     available for housing counseling under section 106 of the 
     Housing and Urban Development Act of 1968 and no less than 
     $2,100,000 shall be transferred to the Working Capital Fund 
     for the development of and modifications to information 
     technology systems which serve programs or activities under 
     ``Community planning and development''.
       In addition to amounts otherwise made available under this 
     heading, $87,500,000, to remain available until September 30, 
     2006, for assistance to homebuyers as authorized under title 
     II of the Cranston-Gonzalez National Affordable Housing Act, 
     as amended: Provided, That the Secretary shall provide such 
     assistance in accordance with a formula to be established by 
     the

[[Page 31446]]

     Secretary that considers, among other things, a participating 
     jurisdiction's need for, and prior commitment to, assistance 
     to homebuyers: Provided further, That should legislation be 
     enacted prior to April 15, 2004, to authorize a new down-
     payment assistance program under the HOME Investment 
     Partnership Act, the amounts provided under this paragraph 
     shall be distributed for downpayment assistance in accordance 
     with the terms and conditions set forth in such Act.


                       homeless assistance grants

                     (including transfer of funds)

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

                            Housing Programs


                        housing for the elderly

                     (including transfer of funds)

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


                 housing for persons with disabilities

                     (including transfer of funds)

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


                         flexible subsidy fund

                          (transfer of funds)

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


                       rental housing assistance

                              (rescission)

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


                  manufactured housing fees trust fund

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

                     Federal Housing Administration


               mutual mortgage insurance program account

                     (including transfers of funds)

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

[[Page 31447]]

     loan commitments exceed $65,500,000,000 on or before April 1, 
     2004, an additional $1,400 for administrative contract 
     expenses shall be available for each $1,000,000 in additional 
     guaranteed loan commitments (including a pro rata amount for 
     any amount below $1,000,000), but in no case shall funds made 
     available by this proviso exceed $30,000,000.


                general and special risk program account

                     (including transfers of funds)

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

                Government National Mortgage Association


guarantees of mortgage-backed securities loan guarantee program account

                     (including transfer of funds)

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

                    Policy Development and Research


                        research and technology

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

                   Fair Housing and Equal Opportunity


                        fair housing activities

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

                     Office of Lead Hazard Control


                         lead hazard reduction

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

                     Management and Administration


                         salaries and expenses

                     (including transfer of funds)

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


                          working capital fund

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

[[Page 31448]]




                      office of inspector general

                     (including transfer of funds)

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


                         consolidated fee fund

                              (rescission)

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

             Office of Federal Housing Enterprise Oversight


                         salaries and expenses

                     (including transfer of funds)

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

                       Administrative Provisions

       Sec. 201. Fifty percent of the amounts of budget authority, 
     or in lieu thereof 50 percent of the cash amounts associated 
     with such budget authority, that are recaptured from projects 
     described in section 1012(a) of the Stewart B. McKinney 
     Homeless Assistance Amendments Act of 1988 (42 U.S.C. 1437 
     note) shall be rescinded, or in the case of cash, shall be 
     remitted to the Treasury, and such amounts of budget 
     authority or cash recaptured and not rescinded or remitted to 
     the Treasury shall be used by State housing finance agencies 
     or local governments or local housing agencies with projects 
     approved by the Secretary of Housing and Urban Development 
     for which settlement occurred after January 1, 1992, in 
     accordance with such section. Notwithstanding the previous 
     sentence, the Secretary may award up to 15 percent of the 
     budget authority or cash recaptured and not rescinded or 
     remitted to the Treasury to provide project owners with 
     incentives to refinance their project at a lower interest 
     rate.
       Sec. 202. None of the amounts made available under this Act 
     may be used during fiscal year 2004 to investigate or 
     prosecute under the Fair Housing Act any otherwise lawful 
     activity engaged in by one or more persons, including the 
     filing or maintaining of a non-frivolous legal action, that 
     is engaged in solely for the purpose of achieving or 
     preventing action by a Government official or entity, or a 
     court of competent jurisdiction.
       Sec. 203. (a) Notwithstanding section 854(c)(1)(A) of the 
     AIDS Housing Opportunity Act (42 U.S.C. 12903(c)(1)(A)), from 
     any amounts made available under this title for fiscal year 
     2004 that are allocated under such section, the Secretary of 
     Housing and Urban Development shall allocate and make a 
     grant, in the amount determined under subsection (b), for any 
     State that--
       (1) received an allocation in a prior fiscal year under 
     clause (ii) of such section; and
       (2) is not otherwise eligible for an allocation for fiscal 
     year 2004 under such clause (ii) because the areas in the 
     State outside of the metropolitan statistical areas that 
     qualify under clause (i) in fiscal year 2004 do not have the 
     number of cases of acquired immunodeficiency syndrome (AIDS) 
     required under such clause.
       (b) The amount of the allocation and grant for any State 
     described in subsection (a) shall be an amount based on the 
     cumulative number of AIDS cases in the areas of that State 
     that are outside of metropolitan statistical areas that 
     qualify under clause (i) of such section 854(c)(1)(A) in 
     fiscal year 2004, in proportion to AIDS cases among cities 
     and States that qualify under clauses (i) and (ii) of such 
     section and States deemed eligible under subsection (a).
       Sec. 204. (a) During fiscal year 2004, in the provision of 
     rental assistance under section 8(o) of the United States 
     Housing Act of 1937 (42 U.S.C. 1437f(o)) in connection with a 
     program to demonstrate the economy and effectiveness of 
     providing such assistance for use in assisted living 
     facilities that is carried out in the counties of the State 
     of Michigan specified in subsection (b) of this section, 
     notwithstanding paragraphs (3) and (18)(B)(iii) of such 
     section 8(o), a family residing in an assisted living 
     facility in any such county, on behalf of which a public 
     housing agency provides assistance pursuant to section 
     8(o)(18) of such Act, may be required, at the time the family 
     initially receives such assistance, to pay rent in an amount 
     exceeding 40 percent of the monthly adjusted income of the 
     family by such a percentage or amount as the Secretary of 
     Housing and Urban Development determines to be appropriate.
       (b) The counties specified in this subsection are Oakland 
     County, Macomb County, Wayne County, and Washtenaw County, in 
     the State of Michigan.
       Sec. 205. Except as explicitly provided in law, any grant, 
     cooperative agreement or other assistance made pursuant to 
     title II of this Act shall be made on a competitive basis and 
     in accordance with section 102 of the Department of Housing 
     and Urban Development Reform Act of 1989.
       Sec. 206. Funds of the Department of Housing and Urban 
     Development subject to the Government Corporation Control Act 
     or section 402 of the Housing Act of 1950 shall be available, 
     without regard to the limitations on administrative expenses, 
     for legal services on a contract or fee basis, and for 
     utilizing and making payment for services and facilities of 
     the Federal National Mortgage Association, Government 
     National Mortgage Association, Federal Home Loan Mortgage 
     Corporation, Federal Financing Bank, Federal Reserve banks or 
     any member thereof, Federal Home Loan banks, and any insured 
     bank within the meaning of the Federal Deposit Insurance 
     Corporation Act, as amended (12 U.S.C. 1811-1831).
       Sec. 207. Unless otherwise provided for in this Act or 
     through a reprogramming of funds, no part of any 
     appropriation for the Department of Housing and Urban 
     Development shall be available for any program, project or 
     activity in excess of amounts set forth in the budget 
     estimates submitted to Congress.
       Sec. 208. Corporations and agencies of the Department of 
     Housing and Urban Development which are subject to the 
     Government Corporation Control Act, as amended, are hereby 
     authorized to make such expenditures, within the limits of 
     funds and borrowing authority available to each such 
     corporation or agency and in accordance with law, and to make 
     such contracts and commitments without regard to fiscal year 
     limitations as provided by section 104 of such Act as may be 
     necessary in carrying out the programs set forth in the 
     budget for 2003 for such corporation or agency except as 
     hereinafter provided: Provided, That collections of these 
     corporations and agencies may be used for new loan or 
     mortgage purchase commitments only to the extent expressly 
     provided for in this Act (unless such loans are in support of 
     other forms of assistance provided for in this or prior 
     appropriations Acts), except that this proviso shall not 
     apply to the mortgage insurance or guaranty operations of 
     these corporations, or where loans or mortgage purchases are 
     necessary to protect the financial interest of the United 
     States Government.
       Sec. 209. None of the funds provided in this title for 
     technical assistance, training, or management improvements 
     may be obligated or expended unless HUD provides to the 
     Committees on Appropriations a description of each proposed 
     activity and a detailed budget estimate of the costs 
     associated with each program, project or activity as part of 
     the Budget Justifications. For fiscal year 2004, HUD shall 
     transmit this information to the Committees by January 15, 
     2004 for 30 days of review.
       Sec. 210. A public housing agency or such other entity that 
     administers Federal housing assistance in the states of 
     Alaska, Iowa, and Mississippi shall not be required to 
     include a resident of public housing or a recipient of 
     assistance provided under section 8 of the United States 
     Housing Act of 1937 on the board of directors or a similar 
     governing board of such agency or entity as required under 
     section (2)(b) of such Act. Each public housing agency or 
     other entity that administers Federal housing assistance 
     under section 8 in the states of Alaska, Iowa and Mississippi 
     shall establish an advisory board of not less than 6 
     residents of public housing or recipients of section 8 
     assistance to provide advice and comment to the public 
     housing agency or other administering entity on issues 
     related to public housing and section 8. Such advisory board 
     shall meet not less than quarterly.
       Sec. 211. The Secretary of Housing and Urban Development 
     shall provide quarterly reports to the House and Senate 
     Committees on Appropriations regarding all uncommitted, 
     unobligated, recaptured and excess funds in each program and 
     activity within the jurisdiction of the Department and shall 
     submit additional, updated budget information to these 
     Committees upon request.
       Sec. 212. Notwithstanding any other provision of law, in 
     fiscal year 2004, in managing and disposing of any 
     multifamily property that is owned or held by the Secretary 
     and is occupied primarily by elderly or disabled families, 
     the Secretary of Housing and Urban Development shall maintain 
     any rental assistance payments under section 8 of the United 
     States Housing Act of 1937 that are attached to any dwelling 
     units in the property. To the extent the Secretary determines 
     that such a multifamily property owned or held by the 
     Secretary is not feasible for continued rental assistance 
     payments

[[Page 31449]]

     under such section 8, the Secretary may, in consultation with 
     the tenants of that property, contract for project-based 
     rental assistance payments with an owner or owners of other 
     existing housing properties or provide other rental 
     assistance.
       Sec. 213. The Secretary of Housing and Urban Development 
     shall submit an annual report no later than August 30, 2004 
     and annually thereafter to the House and Senate Committees on 
     Appropriations regarding the number of Federally assisted 
     units under lease and the per unit cost of these units to the 
     Department of Housing and Urban Development.
       Sec. 214. (a) Notwithstanding any other provision of law, 
     the amount allocated for fiscal year 2004 under section 
     854(c) of the AIDS Housing Opportunity Act (42 U.S.C. 
     12903(c)), to the City of Wilmington, Delaware, on behalf of 
     the Wilmington, Delaware-Maryland-New Jersey Metropolitan 
     Division (hereafter ``metropolitan division'') of the 
     Philadelphia-Camden-Wilmington, PA-NJ-DE-MD Metropolitan 
     Statistical Area, shall be adjusted by the Secretary of 
     Housing and Urban Development by allocating to the State of 
     New Jersey the proportion of the metropolitan area's or 
     division's amount that is based on the number of cases of 
     AIDS reported in the portion of the metropolitan area or 
     division that is located in New Jersey. The State of New 
     Jersey shall use amounts allocated to the State under this 
     subsection to carry out eligible activities under section 855 
     of the AIDS Housing Opportunity Act (42 U.S.C. 12904) in the 
     portion of the metropolitan division that is located in New 
     Jersey.
       (b) Notwithstanding any other provision of law, the 
     Secretary of Housing and Urban Development shall allocate to 
     Wake County, North Carolina, the amounts that otherwise would 
     be allocated for fiscal year 2004 under section 854(c) of the 
     AIDS Housing Opportunity Act (42 U.S.C. 12903(c)) to the City 
     of Raleigh, North Carolina, on behalf of the Raleigh-Cary, 
     North Carolina Metropolitan Statistical Area. Any amounts 
     allocated to Wake County shall be used to carry out eligible 
     activities under section 855 of such Act (42 U.S.C. 12904) 
     within such metropolitan statistical area.
       Sec. 215. Section 224 of the National Housing Act (12 
     U.S.C. 1735o) is amended by adding the following new sentence 
     at the end of the first paragraph: ``Notwithstanding the 
     preceding sentence and the following paragraph, if an 
     insurance claim is paid in cash for any mortgage that is 
     insured under section 203 or 234 of this Act and is endorsed 
     for mortgage insurance after the date of enactment of this 
     sentence, the debenture interest rate for purposes of 
     calculating such a claim shall be the monthly average yield, 
     for the month in which the default on the mortgage occurred, 
     on United States Treasury Securities adjusted to a constant 
     maturity of ten years.''.
       Sec. 216. The McKinney-Vento Homeless Assistance Act (42 
     U.S.C. 11301 et seq.) is amended--
       (1) in section 101(b), by striking ``Interagency Council on 
     the Homeless'' and inserting ``United States Interagency 
     Council on Homelessness'';
       (2) in section 102(b)(1), by striking ``an Interagency 
     Council on the Homeless'' and inserting ``the United States 
     Interagency Council on Homelessness'';
       (3) in the heading for title II, by striking ``INTERAGENCY 
     COUNCIL ON THE HOMELESS'' and inserting ``UNITED STATES 
     INTERAGENCY COUNCIL ON HOMELESSNESS''; and
       (4) in sections 201, 207(1), 501(c)(2)(a), and 501(d)(3), 
     by striking ``Interagency Council on the Homeless'' and 
     inserting ``United States Interagency Council on 
     Homelessness''.
       Sec. 217. (a) Information Comparisons for Public and 
     Assisted Housing Programs.--Section 453(j) of the Social 
     Security Act (42 U.S.C. 653(j)) is amended by adding at the 
     end the following new paragraph:
       ``(7) Information comparisons for housing assistance 
     programs.--
       ``(A) Furnishing of information by hud.--Subject to 
     subparagraph (G), the Secretary of Housing and Urban 
     Development shall furnish to the Secretary, on such periodic 
     basis as determined by the Secretary of Housing and Urban 
     Development in consultation with the Secretary, information 
     in the custody of the Secretary of Housing and Urban 
     Development for comparison with information in the National 
     Directory of New Hires, in order to obtain information in 
     such Directory with respect to individuals who are 
     participating in any program under--
       ``(i) the United States Housing Act of 1937 (42 U.S.C. 1437 
     et seq.);
       ``(ii) section 202 of the Housing Act of 1959 (12 U.S.C. 
     1701q);
       ``(iii) section 221(d)(3), 221(d)(5), or 236 of the 
     National Housing Act (12 U.S.C. 1715l(d) and 1715z-1);
       ``(iv) section 811 of the Cranston-Gonzalez National 
     Affordable Housing Act (42 U.S.C. 8013); or
       ``(v) section 101 of the Housing and Urban Development Act 
     of 1965 (12 U.S.C. 1701s).
       ``(B) Requirement to seek minimum information.--The 
     Secretary of Housing and Urban Development shall seek 
     information pursuant to this section only to the extent 
     necessary to verify the employment and income of individuals 
     described in subparagraph (A).
       ``(C) Duties of the secretary.--
       ``(i) Information disclosure.--The Secretary, in 
     cooperation with the Secretary of Housing and Urban 
     Development, shall compare information in the National 
     Directory of New Hires with information provided by the 
     Secretary of Housing and Urban Development with respect to 
     individuals described in subparagraph (A), and shall disclose 
     information in such Directory regarding such individuals to 
     the Secretary of Housing and Urban Development, in accordance 
     with this paragraph, for the purposes specified in this 
     paragraph.
       ``(ii) Condition on disclosure.--The Secretary shall make 
     disclosures in accordance with clause (i) only to the extent 
     that the Secretary determines that such disclosures do not 
     interfere with the effective operation of the program under 
     this part.
       ``(D) Use of information by hud.--The Secretary of Housing 
     and Urban Development may use information resulting from a 
     data match pursuant to this paragraph only--
       ``(i) for the purpose of verifying the employment and 
     income of individuals described in subparagraph (A); and
       ``(ii) after removal of personal identifiers, to conduct 
     analyses of the employment and income reporting of 
     individuals described in subparagraph (A).
       ``(E) Disclosure of information by hud.--
       ``(i) Purpose of disclosure.--The Secretary of Housing and 
     Urban Development may make a disclosure under this 
     subparagraph only for the purpose of verifying the employment 
     and income of individuals described in subparagraph (A).
       ``(ii) Disclosures permitted.--Subject to clause (iii), the 
     Secretary of Housing and Urban Development may disclose 
     information resulting from a data match pursuant to this 
     paragraph only to a public housing agency, the Inspector 
     General of the Department of Housing and Urban Development, 
     and the Attorney General in connection with the 
     administration of a program described in subparagraph (A). 
     Information obtained by the Secretary of Housing and Urban 
     Development pursuant to this paragraph shall not be made 
     available under section 552 of title 5, United States Code.
       ``(iii) Conditions on disclosure.--Disclosures under this 
     paragraph shall be--

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

       ``(iv) Additional disclosures.--

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

       ``(v) Restrictions on redisclosure.--A person or entity to 
     which information is disclosed under this subparagraph may 
     use or disclose such information only as needed for verifying 
     the employment and income of individuals described in 
     subparagraph (A), subject to the conditions in clause (iii) 
     and such additional conditions as agreed to by the 
     Secretaries.
       ``(F) Reimbursement of hhs costs.--The Secretary of Housing 
     and Urban Development shall reimburse the Secretary, in 
     accordance with subsection (k)(3), for the costs incurred by 
     the Secretary in furnishing the information requested under 
     this paragraph.
       ``(G) Consent.--The Secretary of Housing and Urban 
     Development shall not seek, use, or disclose information 
     under this paragraph relating to an individual without the 
     prior written consent of such individual (or of a person 
     legally authorized to consent on behalf of such 
     individual).''.
       (b) Consent to Information Comparison and Use as Condition 
     of Hud Program Eligibility.--As a condition of participating 
     in any program authorized under--
       (1) the United States Housing Act of 1937 (42 U.S.C. 1437 
     et seq.);
       (2) section 202 of the Housing Act of 1959 (12 U.S.C. 
     1701q);
       (3) section 221(d)(3), 221(d)(5), or 236 of the National 
     Housing Act (12 U.S.C. 1715l(d) and 1715z-1);
       (4) section 811 of the Cranston-Gonzalez National 
     Affordable Housing Act (42 U.S.C. 8013); or
       (5) section 101 of the Housing and Urban Development Act of 
     1965 (12 U.S.C. 1701s),
     the Secretary of Housing and Urban Development may require 
     consent by an individual (or by a person legally authorized 
     to consent on behalf of such individual) for such Secretary 
     to obtain, use, and disclose information with respect to such 
     individual in accordance with section 453(j)(7) of the Social 
     Security Act (42 U.S.C. 653(j)(7)).
       Sec. 218. Notwithstanding any other provision of law, the 
     State of Hawaii may elect by July 31, 2004 to distribute 
     funds under section 106(d)(2)

[[Page 31450]]

     of the Housing and Community Development Act of 1974, to 
     units of general local government located in nonentitlement 
     areas of that State. If the State of Hawaii fails to make 
     such election, the Secretary shall for fiscal years 2005 and 
     thereafter make grants to the units of general local 
     government located in the State of Hawaii's nonentitlement 
     areas (Hawaii, Kauai, and Maui counties). The Secretary of 
     Housing and Urban Development shall allocate funds under 
     section 106(d) of such Act to units of general local 
     government located in nonentitlement areas within the State 
     of Hawaii in accordance with a formula which bears the same 
     ratio to the total amount available for the nonentitlement 
     areas of the State as the weighted average of the ratios 
     between (1) the population of that eligible unit of general 
     local government and the population of all eligible units of 
     general local government in the nonentitlement areas of the 
     State; (2) the extent of poverty in that eligible unit of 
     general local government and the extent of poverty in all of 
     the eligible units of general local government in the 
     nonentitlement areas of the State; and (3) the extent of 
     housing overcrowding in that eligible unit of general local 
     government and the extent of housing overcrowding in all of 
     the eligible units of general local government in the 
     nonentitlement areas of the State. In determining the 
     weighted average of the ratios described in the previous 
     sentence, the ratio described in clause (2) shall be counted 
     twice and the ratios described in clauses (1) and (3) shall 
     be counted once. Notwithstanding any other provision, grants 
     made under this section shall be subject to the program 
     requirements of section 104 of the Housing and Community 
     Development Act of 1974 in the same manner as such 
     requirements are made applicable to grants made under section 
     106(b) of the Housing and Community Development Act of 1974.
       Sec. 219. The Secretary of Housing and Urban Development 
     shall issue a proposed rulemaking, in accordance with Title 
     V, United States Code, not later than 90 days from the date 
     of enactment of this Act that--
       (1) addresses and expands, as necessary, the participation 
     and certification requirements for the sale of HUD-owned 
     multifamily housing projects and the foreclosure sale of any 
     multifamily housing securing a mortgage held by the 
     Secretary, including whether a potential purchaser is in 
     substantial compliance with applicable state or local 
     government housing statutes, regulations, ordinances and 
     codes with regard to other properties owned by the purchaser; 
     and
       (2) requires any state, city, or municipality that 
     exercises its right of first refusal for the purchase of a 
     multifamily housing project under section 203 of the Housing 
     and Community Development Amendments of 1978 (12 U.S.C. 
     1701z-11(i)) to ensure that potential purchasers of the 
     project from the state, city, or municipality are subject to 
     the same standards that they would otherwise be subject to if 
     they had purchased the project directly from the Secretary, 
     including whether a potential purchaser is in substantial 
     compliance with applicable state or local government housing 
     statutes, regulations, ordinances and codes with regard to 
     other properties owned by the purchaser.
       Sec. 220. Section 217 of Public Law 107-73 is amended by 
     striking ``the rehabilitation'' and inserting in lieu 
     thereof: ``redevelopment, including demolition and new 
     construction''.
       Sec. 221. Notwithstanding any other provision of law, funds 
     appropriated for the housing for the elderly, as authorized 
     by section 202 of the Housing Act of 1959, as amended, and 
     for supportive housing for persons with disabilities, as 
     authorized by section 811 of the Cranston-Gonzalez National 
     Affordable Housing Act, shall be available for the cost of 
     maintaining and disposing of such properties that are 
     acquired or otherwise become the responsibility of the 
     Department.
       Sec. 222. The Secretary of Housing and Urban Development 
     shall conduct negotiated rulemaking with representatives from 
     interested parties for purposes of any changes to the formula 
     governing the Public Housing Operating Fund. A final rule 
     shall be issued no later than July 1, 2004.
       Sec. 223. The Department of Housing and Urban Development 
     shall submit the Department's fiscal year 2005 congressional 
     budget justifications to the Committees on Appropriations of 
     the House of Representatives and the Senate using the 
     identical structure provided under this Act and only in 
     accordance with the direction included in the joint 
     explanatory statement of the managers accompanying this Act.

                    TITLE III--INDEPENDENT AGENCIES

                  American Battle Monuments Commission


                         salaries and expenses

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

             Chemical Safety and Hazard Investigation Board


                         SALARIES AND EXPENSES

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


                             emergency fund

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

                       Department of the Treasury

              Community Development Financial Institutions


   community development financial institutions fund program account

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

                   Consumer Product Safety Commission


                         salaries and expenses

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

             Corporation for National and Community Service


       national and community service programs operating expenses

                     (including transfer of funds)

       For necessary expenses for the Corporation for National and 
     Community Service (the ``Corporation'') in carrying out 
     programs, activities, and initiatives under the National and 
     Community Service Act of 1990 (the ``Act'') (42 U.S.C. 12501 
     et seq.), $553,225,000, to remain available until September 
     30, 2005: Provided, That not more than $314,000,000 of the 
     amount provided under this heading shall be available for 
     grants under the National Service Trust Program authorized 
     under subtitle C of title I of the Act (42 U.S.C. 12571 et 
     seq.) (relating to activities of the AmeriCorps program), 
     including grants to organizations operating projects under 
     the AmeriCorps Education Awards Program (without regard to 
     the requirements of sections 121(d) and (e), section 131(e), 
     section 132, and sections 140(a), (d), and (e) of the Act): 
     Provided further, That not less than $130,000,000 of the 
     amount provided under this heading, to remain available 
     without fiscal year limitation, shall be transferred to the 
     National Service Trust for educational awards authorized 
     under subtitle D of title I of the Act (42 U.S.C. 12601), of 
     which up to $5,000,000 shall be available to support national 
     service scholarships for high school students performing 
     community service, and of which $10,000,000 shall be held in 
     reserve as defined in Public Law 108-45: Provided further, 
     That in addition to amounts otherwise provided to the 
     National Service Trust under the second proviso, the 
     Corporation may transfer funds from the amount provided under 
     the first proviso, to the National Service Trust authorized 
     under subtitle D of title I of the Act (42 U.S.C. 12601) upon 
     determination that such transfer is necessary to support the 
     activities of national service participants and after notice 
     is transmitted to Congress: Provided further, That of the 
     amount provided under this heading for grants under the 
     National Service Trust program authorized under subtitle C of 
     title I of the Act, not more than $55,000,000 may be used to 
     administer, reimburse, or support any national service 
     program authorized under section 121(d)(2) of such Act (42 
     U.S.C. 12581(d)(2)): Provided further, That not more than

[[Page 31451]]

     $11,225,000 shall be available for quality and innovation 
     activities authorized under subtitle H of title I of the Act 
     (42 U.S.C. 12853 et seq.), of which $3,000,000 shall be 
     available for challenge grants to non-profit organizations: 
     Provided further, That notwithstanding subtitle H of title I 
     of the Act (42 U.S.C. 12853), none of the funds provided 
     under the previous proviso shall be used to support salaries 
     and related expenses (including travel) attributable to 
     Corporation employees: Provided further, That to the maximum 
     extent feasible, funds appropriated under subtitle C of title 
     I of the Act shall be provided in a manner that is consistent 
     with the recommendations of peer review panels in order to 
     ensure that priority is given to programs that demonstrate 
     quality, innovation, replicability, and sustainability: 
     Provided further, That not less than $25,000,000 of the funds 
     made available under this heading shall be available for the 
     Civilian Community Corps authorized under subtitle E of title 
     I of the Act (42 U.S.C. 12611 et seq.): Provided further, 
     That not more than $43,000,000 shall be available for school-
     based and community-based service-learning programs 
     authorized under subtitle B of title I of the Act (42 U.S.C. 
     12521 et seq.): Provided further, That not more than 
     $3,000,000 shall be available for audits and other 
     evaluations authorized under section 179 of the Act (42 
     U.S.C. 12639): Provided further, That not more than 
     $10,000,000 of the funds made available under this heading 
     shall be made available for the Points of Light Foundation 
     for activities authorized under title III of the Act (42 
     U.S.C. 12661 et seq.), of which not more than $2,500,000 may 
     be used to support an endowment fund, the corpus of which 
     shall remain intact and the interest income from which shall 
     be used to support activities described in title III of the 
     Act, provided that the Foundation may invest the corpus and 
     income in federally insured bank savings accounts or 
     comparable interest bearing accounts, certificates of 
     deposit, money market funds, mutual funds, obligations of the 
     United States, and other market instruments and securities 
     but not in real estate investments: Provided further, That no 
     funds shall be available for national service programs run by 
     Federal agencies authorized under section 121(b) of such Act 
     (42 U.S.C. 12571(b)): Provided further, That not more than 
     $5,000,000 of the funds made available under this heading 
     shall be made available to America's Promise--The Alliance 
     for Youth, Inc.: Provided further, That to the maximum extent 
     practicable, the Corporation shall increase significantly the 
     level of matching funds and in-kind contributions provided by 
     the private sector, and shall reduce the total Federal costs 
     per participant in all programs.


                         SALARIES AND EXPENSES

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


                      office of inspector general

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


                       administrative provisions

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

               U.S. Court of Appeals for Veterans Claims


                         salaries and expenses

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

                      Department of Defense--Civil

                       Cemeterial Expenses, Army


                         salaries and expenses

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

                Department of Health and Human Services

                     National Institutes of Health


          national institute of environmental health sciences

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

            Agency for Toxic Substances and Disease Registry


            toxic substances and environmental public health

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

                    Environmental Protection Agency


                         science and technology

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


                 environmental programs and management

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


                      office of inspector general

       For necessary expenses of the Office of Inspector General 
     in carrying out the provisions of

[[Page 31452]]

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


                        buildings and facilities

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


                     Hazardous Substance Superfund

                     (including transfers of funds)

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


                leaking underground storage tank program

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


                           oil spill response

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


                   state and tribal assistance grants

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

[[Page 31453]]

     the Jefferson County'' in reference to item number 263 and 
     inserting ``Jefferson County, Mississippi'': Provided 
     further, That notwithstanding any other provision of law, the 
     Administrator of the Environmental Protection Agency shall 
     certify grant amendments for grant number C34-0714-03.


                       administrative provisions

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

                   Executive Office of the President


                office of science and technology policy

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


  council on environmental quality and office of environmental quality

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

                 Federal Deposit Insurance Corporation


                      office of inspector general

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

                    General Services Administration


                federal citizen information center fund

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

           United States Interagency Council on Homelessness


                           OPERATING EXPENSES

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

             National Aeronautics and Space Administration


                       space flight capabilities

                     (including transfer of funds)

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


                  Science, Aeronautics and Exploration

                     (including transfer of funds)

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


                      office of inspector general

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


                       administrative provisions

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

                  National Credit Union Administration


                       central liquidity facility

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


               community development revolving loan fund

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

[[Page 31454]]

     for technical assistance to low-income and community 
     development credit unions.

                      National Science Foundation


                    Research and Related Activities

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


          major research equipment and facilities construction

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


                     education and human resources

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


                         salaries and expenses

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


                  office of the NATIONAL SCIENCE BOARD

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


                      office of inspector general

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

                 Neighborhood Reinvestment Corporation


          payment to the neighborhood reinvestment corporation

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


                        Administrative Provision

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

                        Selective Service System


                         salaries and expenses

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

                      TITLE IV--GENERAL PROVISIONS

       Sec. 401. No part of any appropriation contained in this 
     Act shall remain available for obligation beyond the current 
     fiscal year unless expressly so provided herein.
       Sec. 402. No funds appropriated by this Act may be 
     expended--
       (1) pursuant to a certification of an officer or employee 
     of the United States unless--
       (A) such certification is accompanied by, or is part of, a 
     voucher or abstract which describes the payee or payees and 
     the items or services for which such expenditure is being 
     made; or
       (B) the expenditure of funds pursuant to such 
     certification, and without such a voucher or abstract, is 
     specifically authorized by law; and
       (2) unless such expenditure is subject to audit by the 
     General Accounting Officer or is specifically exempt by law 
     from such audit.
       Sec. 403. None of the funds provided in this Act to any 
     department or agency may be obligated or expended for: (1) 
     the transportation of any officer or employee of such 
     department or agency between the domicile and the place of 
     employment of the officer or employee, with the exception of 
     an officer or employee authorized such transportation under 
     31 U.S.C. 1344 or 5 U.S.C. 7905 or (2) to provide a cook, 
     chauffeur, or other personal servants to any officer or 
     employee of such department or agency.
       Sec. 404. None of the funds provided in this Act may be 
     used for payment, through grants or contracts, to recipients 
     that do not share in the cost of conducting research 
     resulting from proposals not specifically solicited by the 
     Government: Provided, That the extent of cost sharing by the 
     recipient shall reflect the mutuality of interest of the 
     grantee or contractor and the Government in the research.
       Sec. 405. None of the funds provided in this Act may be 
     used, directly or through grants, to pay or to provide 
     reimbursement for payment of the salary of a consultant 
     (whether retained by the Federal Government or a grantee) at 
     more than the daily equivalent of the rate paid for level IV 
     of the Executive Schedule, unless specifically authorized by 
     law.
       Sec. 406. None of the funds provided in this Act may be 
     used to pay the expenses of, or otherwise compensate, non-
     Federal parties intervening in regulatory or adjudicatory 
     proceedings. Nothing herein affects the authority of the 
     Consumer Product Safety Commission pursuant to section 7 of 
     the Consumer Product Safety Act (15 U.S.C. 2056 et seq.).
       Sec. 407. Except as otherwise provided under existing law, 
     or under an existing Executive order issued pursuant to an 
     existing law, the obligation or expenditure of any 
     appropriation under this Act for contracts for any consulting 
     service shall be limited to contracts which are: (1) a matter 
     of public record and available for public inspection; and (2) 
     thereafter included in a publicly available list of all 
     contracts entered into within 24 months prior to the date on 
     which the list is made available to the public and of all 
     contracts on which performance has not been completed by such 
     date. The list required by the preceding sentence shall be 
     updated quarterly and shall include a narrative description 
     of the work to be performed under each such contract.
       Sec. 408. None of the funds appropriated in this Act may be 
     used to implement any cap on reimbursements to grantees for 
     indirect costs, except as published in Office of Management 
     and Budget Circular A-21.
       Sec. 409. Such sums as may be necessary for fiscal year 
     2004 pay raises for programs funded by this Act shall be 
     absorbed within the levels appropriated in this Act.
       Sec. 410. (a) It is the sense of the Congress that, to the 
     greatest extent practicable, all equipment and products 
     purchased with funds made available in this Act should be 
     American-made.
       (b) In providing financial assistance to, or entering into 
     any contract with, any entity using funds made available in 
     this Act, the head of each Federal agency, to the greatest 
     extent practicable, shall provide to such entity a notice 
     describing the statement made in subsection (a) by the 
     Congress.
       Sec. 411. None of the funds made available in this Act may 
     be used for any program, project, or activity, when it is 
     made known to the Federal entity or official to which the 
     funds are made available that the program, project, or 
     activity is not in compliance with any Federal law relating 
     to risk assessment, the protection of private property 
     rights, or unfunded mandates.
       Sec. 412. Except in the case of entities that are funded 
     solely with Federal funds or any natural persons that are 
     funded under this Act, none of

[[Page 31455]]

     the funds in this Act shall be used for the planning or 
     execution of any program to pay the expenses of, or otherwise 
     compensate, non-Federal parties to lobby or litigate in 
     respect to adjudicatory proceedings funded in this Act. A 
     chief executive officer of any entity receiving funds under 
     this Act shall certify that none of these funds have been 
     used to engage in the lobbying of the Federal Government or 
     in litigation against the United States unless authorized 
     under existing law.
       Sec. 413. No part of any funds appropriated in this Act 
     shall be used by an agency of the executive branch, other 
     than for normal and recognized executive-legislative 
     relationships, for publicity or propaganda purposes, and for 
     the preparation, distribution or use of any kit, pamphlet, 
     booklet, publication, radio, television or film presentation 
     designed to support or defeat legislation pending before the 
     Congress, except in presentation to the Congress itself.
       Sec. 414. All departments and agencies funded under this 
     Act are encouraged, within the limits of the existing 
     statutory authorities and funding, to expand their use of 
     ``E-Commerce'' technologies and procedures in the conduct of 
     their business practices and public service activities.
       Sec. 415. None of the funds made available in this Act may 
     be transferred to any department, agency, or instrumentality 
     of the United States Government except pursuant to a transfer 
     made by, or transfer authority provided in, this Act or any 
     other appropriation Act.
       Sec. 416. None of the funds provided in this Act to any 
     department or agency shall be obligated or expended to 
     procure passenger automobiles as defined in 15 U.S.C. 2001 
     with an EPA estimated miles per gallon average of less than 
     22 miles per gallon.
       Sec. 417. Section 312 of the National Aeronautics and Space 
     Administration Act of 1958, as amended, is further amended--
       (1) by striking the second Sec. ``312'' and inserting 
     ``313'';
       (2) by inserting the title, ``Full Cost Appropriations 
     Account Structure'', before Sec. 313;
       (3) in subsection (a)--
       (A) by striking ``Human space flight'' and inserting 
     ``Space flight capabilities'';
       (B) by striking ``technology'' and inserting 
     ``exploration''; and
       (C) by striking ``2002'' and inserting ``2004''; and
       (4) by striking subsection (c), and inserting the following 
     new subsection:
       ``(c) The unexpired balances of prior appropriations to the 
     Administration for activities authorized under this Act may 
     be transferred to the new account established for such 
     activity in subsection (a). Balances so transferred may be 
     merged with funds in the newly established account and 
     thereafter may be accounted for as one fund under the same 
     terms and conditions''.
       Sec. 418. None of the funds made available in this Act may 
     be used to implement any policy prohibiting the Directors of 
     the Veterans Integrated Service Networks from conducting 
     outreach or marketing to enroll new veterans within their 
     respective Networks.
       Sec. 419. None of the funds provided in this Act may be 
     expended to apply, in a numerical estimate of the benefits of 
     an agency action prepared pursuant to Executive Order No. 
     12866 or section 312 of the Clean Air Act (42 U.S.C. 7612), 
     monetary values for adult premature mortality that differ 
     based on the age of the adult.
       Sec. 420. It is the sense of Congress that no veteran 
     should wait more than 30 days for an initial doctor's 
     appointment.
       Sec. 421. It is the sense of the Congress that human dosing 
     studies of pesticides raises ethical and health questions.
       Sec. 422. None of the funds made available to NASA in this 
     Act may be used for voluntary separation incentive payments 
     as provided for in subchapter II of chapter 35 of title 5, 
     United States Code, unless the Administrator of NASA has 
     first certified to Congress that such payments would not 
     result in the loss of skills related to the safety of the 
     Space Shuttle or the International Space Station or to the 
     conduct of independent safety oversight in the National 
     Aeronautics and Space Administration.
       Sec. 423. Section 106(d) of the Housing and Community 
     Development Act of 1974 (42 U.S.C. 5306(d)) is amended--
       (1) in paragraph (3)(A), by striking ``shall not exceed 2 
     percent'' and inserting ``shall not, subject to paragraph 
     (6), exceed 3 percent'';
       (2) in paragraph (5), by striking ``not to exceed 1 
     percent'' and inserting ``subject to paragraph (6), not to 
     exceed 3 percent'';
       (3) by redesignating the second paragraph (5) and paragraph 
     (6) as paragraphs (7) and (8), respectively; and
       (4) by inserting after paragraph (5) the following:
       ``(6) Of the amounts received under paragraph (1), the 
     State may deduct not more than an aggregate total of 3 
     percent of such amounts for--
       ``(A) administrative expenses under paragraph (3)(A); and
       ``(B) technical assistance under paragraph (5).''.
       Sec. 424. National Academy of Sciences Study. The matter 
     under the heading ``administrative provisions'' under the 
     heading ``Environmental Protection Agency'' in title III of 
     division K of the Consolidated Appropriations Resolution, 
     2003 (117 Stat. 513), is amended--
       (1) in the first sentence of the fifth undesignated 
     paragraph (beginning ``As soon as''), by inserting before the 
     period at the end the following: ``, and the impact of the 
     final rule entitled `Prevention of Significant Deterioration 
     (PSD) and Nonattainment New Source Review (NSR): Equipment 
     Replacement Provision of the Routine Maintenance, Repair and 
     Replacement Exclusion', amending parts 51 and 52 of title 40, 
     Code of Federal Regulations, and published in electronic 
     docket OAR-2002-0068 on August 27, 2003''; and
       (2) in the sixth undesignated paragraph (beginning ``The 
     National Academy of Sciences''), by striking ``March 3, 
     2004'' and inserting ``January 1, 2005''.
       Sec. 425. Designations of Areas for PM2.5 and 
     Submission of Implementation Plans for Regional Haze. (a) In 
     General.--Section 107(d) of the Clean Air Act (42 U.S.C. 
     7407(d)) is amended by adding at the end the following:
       ``(6) Designations.--
       ``(A) Submission.--Notwithstanding any other provision of 
     law, not later than February 15, 2004, the Governor of each 
     State shall submit designations referred to in paragraph (1) 
     for the July 1997 PM2.5 national ambient air 
     quality standards for each area within the State, based on 
     air quality monitoring data collected in accordance with any 
     applicable Federal reference methods for the relevant areas.
       ``(B) Promulgation.--Notwithstanding any other provision of 
     law, not later than December 31, 2004, the Administrator 
     shall, consistent with paragraph (1), promulgate the 
     designations referred to in subparagraph (A) for each area of 
     each State for the July 1997 PM2.5 national 
     ambient air quality standards.
       ``(7) Implementation plan for regional haze.--
       ``(A) In general.--Notwithstanding any other provision of 
     law, not later than 3 years after the date on which the 
     Administrator promulgates the designations referred to in 
     paragraph (6)(B) for a State, the State shall submit, for the 
     entire State, the State implementation plan revisions to meet 
     the requirements promulgated by the Administrator under 
     section 169B(e)(1) (referred to in this paragraph as 
     `regional haze requirements').
       ``(B) No preclusion of other provisions.--Nothing in this 
     paragraph precludes the implementation of the agreements and 
     recommendations stemming from the Grand Canyon Visibility 
     Transport Commission Report dated June 1996, including the 
     submission of State implementation plan revisions by the 
     States of Arizona, California, Colorado, Idaho, Nevada, New 
     Mexico, Oregon, Utah, or Wyoming by December 31, 2003, for 
     implementation of regional haze requirements applicable to 
     those States.''.
       (b) Relationship to Transportation Equity Act for the 21st 
     Century.--Except as provided in paragraphs (6) and (7) of 
     section 107(d) of the Clean Air Act (as added by subsection 
     (a)), section 6101, subsections (a) and (b) of section 6102, 
     and section 6103 of the Transportation Equity Act for the 
     21st Century (42 U.S.C. 7407 note; 112 Stat. 463), as in 
     effect on the day before the date of enactment of this Act, 
     shall remain in effect.
       Sec. 426. (a) Treatment of Pioneer Homes in Alaska as State 
     Home for Veterans.--The Secretary of Veterans Affairs may--
       (1) treat the Pioneer Homes in the State of Alaska 
     collectively as a single State home for veterans for purposes 
     of section 1741 of title 38, United States Code; and
       (2) make per diem payments to the State of Alaska for care 
     provided to veterans in the Pioneer Homes in accordance with 
     the provisions of that section.
       (b) Treatment Notwithstanding Non-Veteran Residency.--The 
     Secretary may treat the Pioneer Homes as a State home under 
     subsection (a) notwithstanding the residency of non-veterans 
     in one or more of the Pioneer Homes.
       (c) Pioneer Homes Defined.--In this section, the term 
     ``Pioneer Homes'' means the six regional homes in the State 
     of Alaska known as Pioneer Homes, which are located in the 
     following:
       (1) Anchorage, Alaska.
       (2) Fairbanks, Alaska.
       (3) Juneau, Alaska.
       (4) Ketchikan, Alaska.
       (5) Palmer, Alaska.
       (6) Sitka, Alaska.
       (d) Limitation.--The number of beds occupied by veterans 
     collectively in the six Pioneer Homes listed under subsection 
     (c) for which per diem would be paid under this authority 
     shall not exceed the number of veterans in state beds that 
     otherwise would be permitted in Alaska under the Department 
     of Veterans Affairs state home regulations governing the 
     number of beds per veteran population.
       Sec. 427. Of the amounts available to the National 
     Aeronautics and Space Administration, such sums as maybe 
     necessary for the benefit of the families of the astronauts 
     who died on board the Space Shuttle Columbia on February 1, 
     2003, are available under the terms of section 203(c)(13) of 
     the National Aeronautics and Space Act of 1958, as amended, 
     independent of the limitations established therein.
       Sec. 428. Regulation of Small Engines. (a) In considering 
     any request from California to authorize the state to adopt 
     or enforce standards of other requirements relating to the 
     control of emissions from new non-road spark-ignition engines 
     smaller than 50 horsepower, the Administrator shall give 
     appropriate consideration to safety factors (including the 
     potential increased risk of burn or fire) associated with 
     compliance with the California standard.
       (b) Not later than December 1, 2004, the Administrator of 
     the Environmental Protection Agency shall propose regulations 
     under the Clean Air Act that shall contain standards to 
     reduce emissions from new nonroad spark-ignition engines 
     smaller than 50 horsepower. Not

[[Page 31456]]

     later than December 31, 2005, the Administrator shall publish 
     in the Federal Register final regulations containing such 
     standards.
       (c) No State or any political subdivision thereof may adopt 
     or attempt to enforce any standard or other requirement 
     applicable to spark ignition engines smaller than 50 
     horsepower.
       (d) Exception for California.--The prohibition in 
     subsection (e) does not apply to or restrict in any way the 
     authority granted to California under Section 209(e) of the 
     Clean Air Act (42 U.S.C. 7543(e)).
       (e) Exception for Other States.--The prohibition in 
     subsection (c) does not apply to or restrict the authority of 
     any state under Section 209(e)(2)(B) of the Clean Air Act (42 
     U.S.C. 7543(e)(2)(B)) to enforce standards or other 
     requirements that were adopted by that state before September 
     1, 2003.

                  TITLE V--PESTICIDE PRODUCTS AND FEES

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

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

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

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

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

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

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

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

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

       ``(II) Affiliates.--

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

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

       (iii) by adding at the end the following:

       ``(II) Extraordinary circumstances.--In the case of 
     extraordinary circumstances, the Administrator may provide 
     such a longer period, of not more than 2 additional years, 
     for submission of data to the Administrator under this 
     subparagraph.''; and

       (C) in subparagraph (D)--
       (i) by striking ``(D) If'' and inserting the following:
       ``(D) Determination to not reregister.--
       ``(i) In general.--If''; and
       (ii) by adding at the end the following:
       ``(ii) Timing for regulatory action.--Regulatory action 
     under clause (i) shall be completed as expeditiously as 
     possible.''.
       (d) Other Fees.--
       (1) In general.--Section 4(i)(6) of the Federal 
     Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136a-
     1(i)(6)) is amended--
       (A) by striking ``During'' and inserting ``Except as 
     provided in section 33, during''; and
       (B) by striking ``2003'' and inserting ``2010''.
       (2) Tolerance fees.--Notwithstanding section 408(m)(1) of 
     the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 
     346a(m)(1)), during the period beginning on October 1, 2003, 
     and ending on September 30, 2008, the Administrator of the 
     Environmental Protection Agency shall not collect any 
     tolerance fees under that section.
       (e) Expedited Processing of Similar Applications.--Section 
     4(k)(3) of the Federal Insecticide, Fungicide, and 
     Rodenticide Act (7 U.S.C. 136a-1(k)(3)) is amended--
       (1) in the paragraph heading, by striking ``Expedited'' and 
     inserting ``Review of inert ingredients; expedited''; and
       (2) in subparagraph (A)--
       (A) by striking ``1997'' and all that follows through ``of 
     the maintenance fees'' and inserting ``2004 through 2006, 
     approximately $3,300,000, and for each of fiscal years 2007 
     and 2008, between \1/8\ and \1/7\, of the maintenance fees'';
       (B) by redesignating clauses (i), (ii), and (iii) as 
     subclauses (I), (II) and (III), respectively, and indenting 
     appropriately; and
       (C) by striking ``resources to assure the expedited 
     processing and review of any application that'' and inserting 
     ``resources--
       ``(i) to review and evaluate new inert ingredients; and
       ``(ii) to ensure the expedited processing and review of any 
     application
     that--''.
       (f) Pesticide Registration Service Fees.--The Federal 
     Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136a et 
     seq.) is amended--
       (1) by redesignating sections 33 and 34 (7 U.S.C. 136x, 
     136y) as sections 34 and 35, respectively; and
       (2) by inserting after section 32 (7 U.S.C. 136w-7) the 
     following:

[[Page 31457]]



     ``SEC. 33. PESTICIDE REGISTRATION SERVICE FEES.

       ``(a) Definition of Costs.--In this section, the term 
     `costs', when used with respect to review and decisionmaking 
     pertaining to an application for which registration service 
     fees are paid under this section, means--
       ``(1) costs to the extent that--
       ``(A) officers and employees provide direct support for the 
     review and decisionmaking for covered pesticide applications, 
     associated tolerances, and corresponding risk and benefits 
     information and analyses;
       ``(B) persons and organizations under contract with the 
     Administrator engage in the review of the applications, and 
     corresponding risk and benefits information and assessments; 
     and
       ``(C) advisory committees and other accredited persons or 
     organizations, on the request of the Administrator, engage in 
     the peer review of risk or benefits information associated 
     with covered pesticide applications;
       ``(2) costs of management of information, and the 
     acquisition, maintenance, and repair of computer and 
     telecommunication resources (including software), used to 
     support review of pesticide applications, associated 
     tolerances, and corresponding risk and benefits information 
     and analyses; and
       ``(3) costs of collecting registration service fees under 
     subsections (b) and (c) and reporting, auditing, and 
     accounting under this section.
       ``(b) Fees.--
       ``(1) In general.--Effective beginning on the effective 
     date of the Pesticide Registration Improvement Act of 2003, 
     the Administrator shall assess and collect covered pesticide 
     registration service fees in accordance with this section.
       ``(2) Covered pesticide registration applications.--
       ``(A) In general.--An application for the registration of a 
     pesticide covered by this Act that is received by the 
     Administrator on or after the effective date of the Pesticide 
     Registration Improvement Act of 2003 shall be subject to a 
     registration service fee under this section.
       ``(B) Existing applications.--
       ``(i) In general.--Subject to clause (ii), an application 
     for the registration of a pesticide that was submitted to the 
     Administrator before the effective date of the Pesticide 
     Registration Improvement Act of 2003 and is pending on that 
     effective date shall be subject to a service fee under this 
     section if the application is for the registration of a new 
     active ingredient that is not listed in the Registration 
     Division 2003 Work Plan of the Office of Pesticide Programs 
     of the Environmental Protection Agency.
       ``(ii) Tolerance or exemption fees.--The amount of any fee 
     otherwise payable for an application described in clause (i) 
     under this section shall be reduced by the amount of any fees 
     paid to support the related petition for a pesticide 
     tolerance or exemption under the Federal Food, Drug, and 
     Cosmetic Act (21 U.S.C. 301 et seq.).
       ``(C) Documentation.--An application subject to a 
     registration service fee under this section shall be 
     submitted with documentation certifying--
       ``(i) payment of the registration service fee; or
       ``(ii) a request for a waiver from or reduction of the 
     registration service fee.
       ``(3) Schedule of covered applications and registration 
     service fees.--
       ``(A) In general.--Not later than 30 days after the 
     effective date of the Pesticide Registration Improvement Act 
     of 2003, the Administrator shall publish in the Federal 
     Register a schedule of covered pesticide registration 
     applications and corresponding registration service fees.
       ``(B) Report.--Subject to paragraph (6), the schedule shall 
     be the same as the applicable schedule appearing in the 
     Congressional Record on pages S11631 through S11633, dated 
     September 17, 2003.
       ``(4) Pending pesticide registration applications.--
       ``(A) In general.--An applicant that submitted a 
     registration application to the Administrator before the 
     effective date of the Pesticide Registration Improvement Act 
     of 2003, but that is not required to pay a registration 
     service fee under paragraph (2)(B), may, on a voluntary 
     basis, pay a registration service fee in accordance with 
     paragraph (2)(B).
       ``(B) Voluntary fee.--The Administrator may not compel 
     payment of a registration service fee for an application 
     described in subparagraph (A).
       ``(C) Documentation.--An application for which a voluntary 
     registration service fee is paid under this paragraph shall 
     be submitted with documentation certifying--
       ``(i) payment of the registration service fee; or
       ``(ii) a request for a waiver from or reduction of the 
     registration service fee.
       ``(5) Resubmission of pesticide registration 
     applications.--If a pesticide registration application is 
     submitted by a person that paid the fee for the application 
     under paragraph (2), is determined by the Administrator to be 
     complete, and is not approved or is withdrawn (without a 
     waiver or refund), the submission of the same pesticide 
     registration application by the same person (or a licensee, 
     assignee, or successor of the person) shall not be subject to 
     a fee under paragraph (2).
       ``(6) Fee adjustment.--Effective for a covered pesticide 
     registration application received on or after October 1, 
     2005, the Administrator shall--
       ``(A) increase by 5 percent the service fee payable for the 
     application under paragraph (3); and
       ``(B) publish in the Federal Register the revised 
     registration service fee schedule.
       ``(7) Waivers and reductions.--
       ``(A) In general.--An applicant for a covered pesticide 
     registration may request the Administrator to waive or reduce 
     the amount of a registration service fee payable under this 
     section under the circumstances described in subparagraphs 
     (D) through (G).
       ``(B) Documentation.--
       ``(i) In general.--A request for a waiver from or reduction 
     of the registration service fee shall be accompanied by 
     appropriate documentation demonstrating the basis for the 
     waiver or reduction.
       ``(ii) Certification.--The applicant shall provide to the 
     Administrator a written certification, signed by a 
     responsible officer, that the documentation submitted to 
     support the waiver or reduction request is accurate.
       ``(iii) Inaccurate documentation.--An application shall be 
     subject to the applicable registration service fee payable 
     under paragraph (3) if, at any time, the Administrator 
     determines that--

       ``(I) the documentation supporting the waiver or reduction 
     request is not accurate; or
       ``(II) based on the documentation or any other information, 
     the waiver or reduction should not have been granted or 
     should not be granted.

       ``(C) Determination to grant or deny request.--As soon as 
     practicable, but not later than 60 days, after the date on 
     which the Administrator receives a request for a waiver or 
     reduction of a registration service fee under this paragraph, 
     the Administrator shall--
       ``(i) determine whether to grant or deny the request; and
       ``(ii) notify the applicant of the determination.
       ``(D) Minor uses.--
       ``(i) In general.--The Administrator may waive or reduce a 
     registration service fee for an application for minor uses 
     for a pesticide.
       ``(ii) Supporting documentation.--An applicant requesting a 
     waiver under this subparagraph shall provide supporting 
     documentation that demonstrates, to the satisfaction of the 
     Administrator, that anticipated revenues from the uses that 
     are the subject of the application would be insufficient to 
     justify imposition of the full application fee.
       ``(E) IR-4 waiver.--The Administrator shall waive the 
     registration service fee for an application if the 
     Administrator determines that--
       ``(i) the application is solely associated with a tolerance 
     petition submitted in connection with the Inter-Regional 
     Project Number 4 (IR-4) as described in section 2 of Public 
     Law 89-106 (7 U.S.C. 450i(e)); and
       ``(ii) the waiver is in the public interest.
       ``(F) Small businesses.--
       ``(i) In general.--The Administrator shall waive 50 percent 
     of the registration service fees payable by an entity for a 
     covered pesticide registration application under this section 
     if the entity is a small business (as defined in section 
     4(i)(5)(E)(ii)) at the time of application.
       ``(ii) Waiver of fees.--The Administrator shall waive all 
     of the registration service fees payable by an entity under 
     this section if the entity--

       ``(I) is a small business (as defined in section 
     4(i)(5)(E)(ii)) at the time of application; and
       ``(II) has average annual global gross revenues described 
     in section 4(i)(5)(E)(ii)(I)(bb) that does not exceed 
     $10,000,000, at the time of application.

       ``(iii) Formation for waiver.--The Administrator shall not 
     grant a waiver under this subparagraph if the Administrator 
     determines that the entity submitting the application has 
     been formed or manipulated primarily for the purpose of 
     qualifying for the waiver.
       ``(iv) Documentation.--An entity requesting a waiver under 
     this subparagraph shall provide to the Administrator--

       ``(I) documentation demonstrating that the entity is a 
     small business (as defined in section 4(i)(5)(E)(ii)) at the 
     time of application; and
       ``(II) if the entity is requesting a waiver of all 
     registration service fees payable under this section, 
     documentation demonstrating that the entity has an average 
     annual global gross revenues described in section 
     4(i)(5)(E)(ii)(I)(bb) that does not exceed $10,000,000, at 
     the time of application.

       ``(G) Federal and state agency exemptions.--An agency of 
     the Federal Government or a State government shall be exempt 
     from covered registration service fees under this section.
       ``(8) Refunds.--
       ``(A) Early withdrawals.--If, during the first 60 days 
     after the beginning of the applicable decision time review 
     period under subsection (f)(3), a covered pesticide 
     registration application is withdrawn by the applicant, the 
     Administrator shall refund all but 10 percent of the total 
     registration service fee payable under paragraph (3) for the 
     application.
       ``(B) Withdrawals after the first 60 days of decision 
     review time period.--
       ``(i) In general.--If a covered pesticide registration 
     application is withdrawn after the first 60 days of the 
     applicable decision time review period, the Administrator 
     shall determine what portion, if any, of the total 
     registration service fee payable under paragraph (3) for the 
     application may be refunded based on the proportion of the 
     work completed at the time of withdrawal.
       ``(ii) Timing.--The Administrator shall--

       ``(I) make the determination described in clause (i) not 
     later than 90 days after the date the application is 
     withdrawn; and
       ``(II) provide any refund as soon as practicable after the 
     determination.

       ``(C) Discretionary refunds.--
       ``(i) In general.--In the case of a pesticide registration 
     application that has been filed with the Administrator and 
     has not been withdrawn

[[Page 31458]]

     by the applicant, but for which the Administrator has not yet 
     made a final determination, the Administrator may refund a 
     portion of a covered registration service fee if the 
     Administrator determines that the refund is justified.
       ``(ii) Basis.--The Administrator may provide a refund for 
     an application under this subparagraph--

       ``(I) on the basis that, in reviewing the application, the 
     Administrator has considered data submitted in support of 
     another pesticide registration application; or
       ``(II) on the basis that the Administrator completed 
     portions of the review of the application before the 
     effective date of this section.

       ``(D) Credited fees.--In determining whether to grant a 
     refund under this paragraph, the Administrator shall take 
     into account any portion of the registration service fees 
     credited under paragraph (2) or (4).
       ``(c) Pesticide Registration Fund.--
       ``(1) Establishment.--There is established in the Treasury 
     of the United States a Pesticide Registration Fund to be used 
     in carrying out this section (referred to in this section as 
     the `Fund'), consisting of--
       ``(A) such amounts as are deposited in the Fund under 
     paragraph (2);
       ``(B) any interest earned on investment of amounts in the 
     Fund under paragraph (4); and
       ``(C) any proceeds from the sale or redemption of 
     investments held in the Fund.
       ``(2) Deposits in fund.--Subject to paragraph (4), the 
     Administrator shall deposit fees collected under this section 
     in the Fund.
       ``(3) Expenditures from fund.--
       ``(A) In general.--Subject to subparagraphs (B) and (C) and 
     paragraph (4), the Administrator may make expenditures from 
     the Fund--
       ``(i) to cover the costs associated with the review and 
     decisionmaking pertaining to all applications for which 
     registration service fees have been paid under this section; 
     and
       ``(ii) to otherwise carry out this section.
       ``(B) Worker protection.--For each of fiscal years 2004 
     through 2008, the Administrator shall use approximately \1/
     17\ of the amount in the Fund (but not more than $1,000,000, 
     and not less than $750,000, for any fiscal year) to enhance 
     current scientific and regulatory activities related to 
     worker protection.
       ``(C) New inert ingredients.--For each of fiscal years 2004 
     and 2005, the Administrator shall use approximately \1/34\ of 
     the amount in the Fund (but not to exceed $500,000 for any 
     fiscal year) for the review and evaluation of new inert 
     ingredients.
       ``(4) Collections and appropriations acts.--The fees 
     authorized by this section and amounts deposited in the 
     Fund--
       ``(A) shall be collected and made available for obligation 
     only to the extent provided in advance in appropriations 
     Acts; and
       ``(B) shall be available without fiscal year limitation.
       ``(5) Unused funds.--Amounts in the Fund not currently 
     needed to carry out this section shall be--
       ``(A) maintained readily available or on deposit;
       ``(B) invested in obligations of the United States or 
     guaranteed by the United States; or
       ``(C) invested in obligations, participations, or other 
     instruments that are lawful investments for fiduciary, trust, 
     or public funds.
       ``(d) Assessment of Fees.--
       ``(1) Definition of covered functions.--In this subsection, 
     the term `covered functions' means functions of the Office of 
     Pesticide Programs of the Environmental Protection Agency, as 
     identified in key programs and projects of the final 
     operating plan for the Environmental Protection Agency 
     submitted as part of the budget process for fiscal year 2002, 
     regardless of any subsequent transfer of 1 or more of the 
     functions to another office or agency or the subsequent 
     transfer of a new function to the Office of Pesticide 
     Programs.
       ``(2) Minimum amount of appropriations.--For fiscal years 
     2004, 2005, and 2006 only, registration service fees may not 
     be assessed for a fiscal year under this section unless the 
     amount of appropriations for salaries, contracts, and 
     expenses for the functions (as in existence in fiscal year 
     2002) of the Office of Pesticide Programs of the 
     Environmental Protection Agency for the fiscal year 
     (excluding the amount of any fees appropriated for the fiscal 
     year) are equal to or greater than the amount of 
     appropriations for covered functions for fiscal year 2002 
     (excluding the amount of any fees appropriated for the fiscal 
     year).
       ``(3) Use of fees.--Registration service fees authorized by 
     this section shall be available, in the aggregate, only to 
     defray increases in the costs associated with the review and 
     decisionmaking for the review of pesticide registration 
     applications and associated tolerances (including increases 
     in the number of full-time equivalent positions in the 
     Environmental Protection Agency engaged in those activities) 
     over the costs for fiscal year 2002, excluding costs paid 
     from fees appropriated for the fiscal year.
       ``(4) Compliance.--The requirements of paragraph (2) shall 
     have been considered to have been met for any fiscal year if 
     the amount of appropriations for salaries, contracts, and 
     expenses for the functions (as in existence in fiscal year 
     2002) of the Office of Pesticide Programs of the 
     Environmental Protection Agency for the fiscal year 
     (excluding the amount of any fees appropriated for the fiscal 
     year) is not more than 3 percent below the amount of 
     appropriations for covered functions for fiscal year 2002 
     (excluding the amount of any fees appropriated for the fiscal 
     year).
       ``(5) Subsequent authority.--If the Administrator does not 
     assess registration service fees under subsection (b) during 
     any portion of a fiscal year as the result of paragraph (2) 
     and is subsequently permitted to assess the fees under 
     subsection (b) during the fiscal year, the Administrator 
     shall assess and collect the fees, without any modification 
     in rate, at any time during the fiscal year, notwithstanding 
     any provisions of subsection (b) relating to the date fees 
     are to be paid.
       ``(e) Reforms to Reduce Decision Time Review Periods.--To 
     the maximum extent practicable consistent with the degrees of 
     risk presented by pesticides and the type of review 
     appropriate to evaluate risks, the Administrator shall 
     identify and evaluate reforms to the pesticide registration 
     process under this Act with the goal of reducing decision 
     review periods in effect on the effective date of the 
     Pesticide Registration Improvement Act of 2003 for pesticide 
     registration actions for covered pesticide registration 
     applications (including reduced risk applications).
       ``(f) Decision Time Review Periods.--
       ``(1) In general.--Not later than 30 days after the 
     effective date of the Pesticide Registration Improvement Act 
     of 2003, the Administrator shall publish in the Federal 
     Register a schedule of decision review periods for covered 
     pesticide registration actions and corresponding registration 
     service fees under this Act.
       ``(2) Report.--The schedule shall be the same as the 
     applicable schedule appearing in the Congressional Record on 
     pages S11631 through S11633, dated September 17, 2003.
       ``(3) Applications subject to decision time review 
     periods.--The decision time review periods specified in 
     paragraph (1) shall apply to--
       ``(A) covered pesticide registration applications subject 
     to registration service fees under subsection (b)(2);
       ``(B) covered pesticide registration applications for which 
     an applicant has voluntarily paid registration service fees 
     under subsection (b)(4); and
       ``(C) covered pesticide registration applications listed in 
     the Registration Division 2003 Work Plan of the Office of 
     Pesticide Programs of the Environmental Protection Agency.
       ``(4) Start of decision time review period.--
       ``(A) In general.--Except as provided in subparagraphs (C), 
     (D), and (E), in the case of a pesticide registration 
     application accompanied by the registration service fee 
     required under this section, the decision time review period 
     begins 21 days after the date on which the Administrator 
     receives the covered pesticide registration application.
       ``(B) Completeness of application.--In conducting an 
     initial screening of an application, the Administrator shall 
     determine--
       ``(i) whether--

       ``(I) the applicable registration service fee has been 
     paid; or
       ``(II) the application contains a waiver or refund request; 
     and

       ``(ii) whether the application--

       ``(I) contains all necessary forms, data, draft labeling, 
     and, documentation certifying payment of any registration 
     service fee required under this section; or
       ``(II) establishes a basis for any requested waiver or 
     reduction.

       ``(C) Applications with waiver or reduction requests.--
       ``(i) In general.--In the case of an application submitted 
     with a request for a waiver or reduction of registration 
     service fees under subsection (b)(7), the decision time 
     review period shall be determined in accordance with this 
     subparagraph.
       ``(ii) Request granted with no additional fees required.--
     If the Administrator grants the waiver or reduction request 
     and no additional fee is required, the decision time review 
     period begins on the earlier of--

       ``(I) the date on which the Administrator grants the 
     request; or
       ``(II) the date that is 60 days after the date of receipt 
     of the application.

       ``(iii) Request granted with additional fees required.--If 
     the Administrator grants the waiver or reduction request, in 
     whole or in part, but an additional registration service fee 
     is required, the decision time review period begins on the 
     date on which the Administrator receives certification of 
     payment of the applicable registration service fee.
       ``(iv) Request denied.--If the Administrator denies the 
     waiver or reduction request, the decision time review period 
     begins on the date on which the Administrator receives 
     certification of payment of the applicable registration 
     service fee.
       ``(D) Pending applications.--
       ``(i) In general.--The start of the decision time review 
     period for applications described in clause (ii) shall be the 
     date on which the Administrator receives certification of 
     payment of the applicable registration service fee.
       ``(ii) Applications.--Clause (i) applies to--

       ``(I) covered pesticide registration applications for which 
     voluntary fees have been paid under subsection (b)(4); and
       ``(II) covered pesticide registration applications received 
     on or after the effective date of the Pesticide Registration 
     Improvement Act of 2003 but submitted without the applicable 
     registration service fee required under this section due to 
     the inability of the Administrator to assess fees under 
     subsection (d)(1).

       ``(E) 2003 work plan.--In the case of a covered pesticide 
     registration application listed in the Registration Division 
     2003 Work Plan of the

[[Page 31459]]

     Office of Pesticide Programs of the Environmental Protection 
     Agency, the decision time review period begins on the date 
     that is 30 days after the effective date of the Pesticide 
     Registration Improvement Act of 2003.
       ``(5) Extension of decision time review period.--The 
     Administrator and the applicant may mutually agree in writing 
     to extend a decision time review period under this 
     subsection.
       ``(g) Judicial Review.--
       ``(1) In general.--Any applicant adversely affected by the 
     failure of the Administrator to make a determination on the 
     application of the applicant for registration of a new active 
     ingredient or new use for which a registration service fee is 
     paid under this section may obtain judicial review of the 
     failure solely under this section.
       ``(2) Scope.--
       ``(A) In general.--In an action brought under this 
     subsection, the only issue on review is whether the 
     Administrator failed to make a determination on the 
     application specified in paragraph (1) by the end of the 
     applicable decision time review period required under 
     subsection (f) for the application.
       ``(B) Other actions.--No other action authorized or 
     required under this section shall be judicially reviewable by 
     a Federal or State court.
       ``(3) Timing.--
       ``(A) In general.--A person may not obtain judicial review 
     of the failure of the Administrator to make a determination 
     on the application specified in paragraph (1) before the 
     expiration of the 2-year period that begins on the date on 
     which the decision time review period for the application 
     ends.
       ``(B) Meeting with administrator.--To be eligible to seek 
     judicial review under this subsection, a person seeking the 
     review shall first request in writing, at least 120 days 
     before filing the complaint for judicial review, a decision 
     review meeting with the Administrator.
       ``(4) Remedies.--The Administrator may not be required or 
     permitted to refund any portion of a registration service fee 
     paid in response to a complaint that the Administrator has 
     failed to make a determination on the covered pesticide 
     registration application specified in paragraph (1) by the 
     end of the applicable decision review period.
       ``(h) Accounting.--The Administrator shall--
       ``(1) provide an annual accounting of the registration 
     service fees paid to the Administrator and disbursed from the 
     Fund, by providing financial statements in accordance with--
       ``(A) the Chief Financial Officers Act of 1990 (Public Law 
     101-576; 104 Stat. 2838) and amendments made by that Act; and
       ``(B) the Government Management Reform Act of 1994 (Public 
     Law 103-356; 108 Stat. 3410) and amendments made by that Act;
       ``(2) provide an accounting describing expenditures from 
     the Fund authorized under subsection (c); and
       ``(3) provide an annual accounting describing collections 
     and expenditures authorized under subsection (d).
       ``(i) Auditing.--
       ``(1) Financial statements of agencies.--For the purpose of 
     section 3515(c) of title 31, United States Code, the Fund 
     shall be considered a component of an executive agency.
       ``(2) Components.--The annual audit required under sections 
     3515(b) and 3521 of that title of the financial statements of 
     activities under this section shall include an analysis of--
       ``(A) the fees collected under subsection (b) and 
     disbursed;
       ``(B) compliance with subsection (f);
       ``(C) the amount appropriated to meet the requirements of 
     subsection (d)(1); and
       ``(D) the reasonableness of the allocation of the overhead 
     allocation of costs associated with the review and 
     decisionmaking pertaining to applications under this section.
       ``(3) Inspector general.--The Inspector General of the 
     Environmental Protection Agency shall--
       ``(A) conduct the annual audit required under this 
     subsection; and
       ``(B) report the findings and recommendations of the audit 
     to the Administrator and to the appropriate committees of 
     Congress.
       ``(j) Personnel Levels.--All full-time equivalent positions 
     supported by fees authorized and collected under this section 
     shall not be counted against the agency-wide personnel level 
     goals of the Environmental Protection Agency.
       ``(k) Reports.--
       ``(1) In general.--Not later than March 1, 2005, and each 
     March 1 thereafter through March 1, 2009, the Administrator 
     shall publish an annual report describing actions taken under 
     this section.
       ``(2) Contents.--The report shall include--
       ``(A) a review of the progress made in carrying out each 
     requirement of subsections (e) and (f), including--
       ``(i) the number of applications reviewed, including the 
     decision times for each application specified in subsection 
     (f);
       ``(ii) the number of actions pending in each category of 
     actions described in subsection (f)(3), as well as the number 
     of inert ingredients;
       ``(iii) to the extent determined appropriate by the 
     Administrator and consistent with the authorities of the 
     Administrator and limitations on delegation of functions by 
     the Administrator, recommendations for--

       ``(I) expanding the use of self-certification in all 
     appropriate areas of the registration process;
       ``(II) providing for accreditation of outside reviewers and 
     the use of outside reviewers to conduct the review of major 
     portions of applications; and
       ``(III) reviewing the scope of use of the notification 
     process to cover broader categories of registration actions; 
     and

       ``(iv) the use of performance-based contracts, other 
     contracts, and procurement to ensure that--

       ``(I) the goals of this Act for the timely review of 
     applications for registration are met; and
       ``(II) the registration program is administered in the most 
     productive and cost effective manner practicable;

       ``(B) a description of the staffing and resources relating 
     to the costs associated with the review and decisionmaking 
     pertaining to applications; and
       ``(C) a review of the progress in meeting the timeline 
     requirements of section 4(g).
       ``(3) Method.--The Administrator shall publish a report 
     required by this subsection by such method as the 
     Administrator determines to be the most effective for 
     efficiently disseminating the report, including publication 
     of the report on the Internet site of the Environmental 
     Protection Agency.
       ``(l) Savings Clause.--Nothing in this section affects any 
     other duties, obligations, or authorities established by any 
     other section of this Act, including the right to judicial 
     review of duties, obligations, or authorities established by 
     any other section of this Act.
       ``(m) Termination of Effectiveness.--
       ``(1) In general.--Except as provided in paragraph (2), the 
     authority provided by this section terminates on September 
     30, 2008.
       ``(2) Phase out.--
       ``(A) Fiscal year 2009.--During fiscal year 2009, the 
     requirement to pay and collect registration service fees 
     applies, except that the level of registration service fees 
     payable under this section shall be reduced 40 percent below 
     the level in effect on September 30, 2008.
       ``(B) Fiscal year 2010.--During fiscal year 2010, the 
     requirement to pay and collect registration service fees 
     applies, except that the level of registration service fees 
     payable under this section shall be reduced 70 percent below 
     the level in effect on September 30, 2008.
       ``(C) September 30, 2010.--Effective September 30, 2010, 
     the requirement to pay and collect registration service fees 
     terminates.
       ``(D) Decision review periods.--
       ``(i) Pending applications.--In the case of an application 
     received under this section before September 30, 2008, the 
     application shall be reviewed in accordance with subsection 
     (f).
       ``(ii) New applications.--In the case of an application 
     received under this section on or after September 30, 2008, 
     subsection (f) shall not apply to the application.''.
       (g) Conforming Amendments.--The table of contents in 
     section 1(b) of the Federal Insecticide, Fungicide, and 
     Rodenticide Act (7 U.S.C. prec. 136) is amended--
       (1) by striking the item relating to section 4(k)(3) and 
     inserting the following:

    ``(3) Review of inert ingredients; expedited processing of similar 
      applications.'';
     and
       (2) by striking the items relating to sections 30 and 31 
     and inserting the following:

``Sec. 30. Minimum requirements for training of maintenance applicators 
              and service technicians.
``Sec. 31. Environmental Protection Agency minor use program.
``Sec. 32. Department of Agriculture minor use program.
  ``(a) In general.
  ``(b)(1) Minor use pesticide data.
  ``(2) Minor Use Pesticide Data Revolving Fund.
``Sec. 33. Pesticide registration service fees.
``(a) Definition of costs.
``(b) Fees.
  ``(1) In general.
  ``(2) Covered pesticide registration applications.
  ``(3) Schedule of covered applications and registration service fees.
  ``(4) Pending pesticide registration applications.
  ``(5) Resubmission of pesticide registration applications.
  ``(6) Fee adjustment.
  ``(7) Waivers and reductions.
  ``(8) Refunds.
``(c) Pesticide Registration Fund.
  ``(1) Establishment.
  ``(2) Transfers to Fund.
  ``(3) Expenditures from Fund.
  ``(4) Collections and appropriations Acts.
  ``(5) Unused funds.
``(d) Assessment of fees.
  ``(1) Definition of covered functions.
  ``(2) Minimum amount of appropriations.
  ``(3) Use of fees.
  ``(4) Compliance.
  ``(5) Subsequent authority.
``(e) Reforms to reduce decision time review periods.
``(f) Decision time review periods.
  ``(1) In general.
  ``(2) Report.
  ``(3) Applications subject to decision time review periods.
  ``(4) Start of decision time review period.
  ``(5) Extension of decision time review period.
``(g) Judicial review.
  ``(1) In general.
  ``(2) Scope.
  ``(3) Timing.
  ``(4) Remedies.
``(h) Accounting.
``(i) Auditing.
  ``(1) Financial statements of agencies.

[[Page 31460]]

  ``(2) Components.
  ``(3) Inspector General.
``(j) Personnel levels.
``(k) Reports.
  ``(1) In general.
  ``(2) Contents.
``(l) Savings clause.
``(m) Termination of effectiveness.
  ``(1) In general.
  ``(2) Phase out.
``Sec. 34. Severability.
``Sec. 35. Authorization for appropriations.''.
       (h) Effective Date.--Except as otherwise provided in this 
     section and the amendments made by this section, this section 
     and the amendments made by this section take effect on the 
     date that is 60 days after the date of enactment of this Act.
       This division may be cited as the ``Departments of Veterans 
     Affairs and Housing and Urban Development, and Independent 
     Agencies Appropriations Act, 2004''.

          DIVISION H--MISCELLANEOUS APPROPRIATIONS AND OFFSETS


                    (including rescissions of funds)

                     (including transfers of funds)

     That the following sums are appropriated, out of any money in 
     the Treasury not otherwise appropriated, for the fiscal year 
     ending September 30, 2004, and for other purposes, namely: -
       Sec. 101. Section 1241(a)(3) of the Food Security Act of 
     1985 (16 U.S.C. 3841(a)(3)) is amended by striking ``, 
     using'' and all that follows through ``2013''.
       Sec. 102. (a) Of the funds appropriated under the heading 
     ``Emergency Preparedness and Response, Disaster Relief'' in 
     chapter 2 of title I of Public Law 108-106, $225,000,000 are 
     rescinded.
       (b) In addition to amounts appropriated in Public Law 108-
     108 for ``Forest Service, Wildland Fire Management'' for 
     hazardous fuels reduction, hazard mitigation, and 
     rehabilitation activities of the Forest Service in southern 
     California, $25,000,000, to remain available until expended.
       (c) In addition to amounts appropriated in Public Law 108-
     108 for ``Forest Service, State and Private Forestry'' for 
     hazard mitigation, fuels reduction, and forest health 
     protection and mitigation activities on State and private 
     lands in southern California, $25,000,000, to remain 
     available until expended.
       (d) In addition to amounts made available elsewhere in this 
     Act for the ``Department of Agriculture, Emergency Watershed 
     Protection Program'' to carry out additional activities in 
     response to the recent wildfires in southern California, 
     including the provision of technical and financial assistance 
     to respond to the tree mortality emergency in Los Angeles, 
     Riverside, San Diego and San Bernardino Counties, California, 
     $150,000,000, to remain available until expended.
       (e) For an additional amount for the tree assistance 
     program in southern California under subtitle C of title X of 
     the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 
     8201 et seq.), $12,500,000.
       (f) For an additional amount for the emergency conservation 
     program in southern California under title IV of the 
     Agricultural Credit Act of 1978 (16 U.S.C. 2201 et seq.), 
     $12,000,000.
       (g) For an additional amount for the livestock indemnity 
     program in southern California under the heading ``COMMODITY 
     CREDIT CORPORATION FUND'' in chapter 1 of title I of the 1999 
     Emergency Supplemental Appropriations Act (Public Law 106-31; 
     113 Stat. 59), $500,000.
       (h) The amounts provided or made available by this section 
     are designated by the Congress as an emergency requirement 
     pursuant to section 502 of H. Con. Res. 95 (108th Congress), 
     the concurrent resolution on the budget for fiscal year 2004.
       Sec. 103. In addition to amounts otherwise made available 
     in this Act, for ``Office of Justice Programs--State and 
     Local Law Enforcement Assistance'' for discretionary grants 
     under the Edward Byrne Memorial State and Local Law 
     Enforcement Assistance Programs for reimbursement to State 
     and local law enforcement entities for security and related 
     costs, including overtime, associated with the 2004 
     Presidential Candidate Nominating Conventions, $50,000,000, 
     to remain available until September 30, 2005.
       Sec. 104. (a) Commission on the Abraham Lincoln Study 
     Abroad Fellowship Program.--There are appropriated, out of 
     any money in the Treasury not otherwise appropriated, 
     $500,000 to establish and fund a bipartisan Commission on the 
     Abraham Lincoln Study Abroad Fellowship Program (in this 
     section referred to as the ``Commission'').
       (b) Recommendations and Development of Program.--
       (1) Recommendations.--The Commission shall recommend a 
     program to greatly expand the opportunity for students at 
     institutions of higher education in the United States to 
     study abroad, with special emphasis on studying in developing 
     nations.
       (2) Development of program.--The Secretary of State, the 
     Secretary of Education, the Secretary of Commerce, and the 
     Secretary of Defense, in consultation with the Commission, 
     shall develop a program, described in paragraph (1), that 
     assists a diverse group of students and meets the growing 
     need of the United States to become more sensitive to the 
     cultures of other countries.
       (c) Composition.--
       (1) In general.--The Commission shall consist of 17 members 
     to be appointed as follows:
       (A) Three members shall be appointed by the Majority Leader 
     of the Senate.
       (B) Three members shall be appointed by the Minority Leader 
     of the Senate.
       (C) Three members shall be appointed by the Speaker of the 
     House of Representatives.
       (D) Three members shall be appointed by the Minority Leader 
     of the House of Representatives.
       (E) One member shall be appointed by the President from a 
     list of candidates submitted by the Secretary of State.
       (F) One member shall be appointed by the President from a 
     list of candidates submitted by the Secretary of Defense.
       (G) One member shall be appointed by the President from a 
     list of candidates submitted by the Secretary of Education.
       (H) One member shall be appointed by the President from a 
     list of candidates submitted by the Secretary of Commerce.
       (I) One member shall be appointed jointly by the 
     individuals described in subparagraphs (A) through (D), and 
     such member shall serve as Chair of the Commission.
       (2) Types of individuals.--The Commission may consist of 
     members who are leaders in university exchange programs, 
     leaders in foreign policy, and business leaders with 
     experience in international trade.
       (d) Executive Director and Staff.--
       (1) Appointment of executive director.--The Chair of the 
     Commission may, without regard to the civil service laws and 
     regulations, appoint and terminate an executive director of 
     the Commission. The employment of an executive director shall 
     be subject to confirmation by the Commission. The Chair of 
     the Commission may fix the compensation of the executive 
     director without regard to the provisions of chapter 51 and 
     subchapter III of chapter 53 of title 5, United States Code, 
     relating to classification of positions and General Schedule 
     pay rates, except that the rate of pay for the executive 
     director may not exceed the rate payable for level V of the 
     Executive Schedule under section 5316 of such title.
       (2) Staff.--The executive director may appoint not more 
     than 3 individuals to assist the executive director in 
     carrying out the duties of the executive director. The Chair 
     of the Commission may fix the compensation of the individuals 
     appointed by the executive director without regard to the 
     provisions of chapter 51 and subchapter III of chapter 53 of 
     title 5, United States Code, relating to classification of 
     positions and General Schedule pay rates, except that the 
     rate of pay for such individuals may not exceed the rate 
     payable for level V of the Executive Schedule under section 
     5316 of such title.
       (e) Compensation.--Members of the Commission shall not 
     receive compensation for the performance of services for the 
     Commission, but shall be allowed travel expenses, including 
     per diem in lieu of subsistence, at rates authorized for 
     employees of agencies under subchapter I of chapter 57 of 
     title 5, United States Code, while away from their homes or 
     regular places of business in the performance of services for 
     the Commission.
       (f) Report.--Not later than December 1, 2004, the 
     Commission shall submit a report to the appropriate committee 
     of Congress and the President on recommendations for a 
     program to greatly expand the opportunity for students at 
     institutions of higher education in the United States to 
     study abroad.
       (g) Termination.--The Commission shall terminate not later 
     than December 31, 2004.
       Sec. 105. (a) None of the funds made available under this 
     Act may be obligated or expended to implement any measures to 
     reduce overfishing and promote rebuilding of fish stocks 
     managed under the Management Plan other than such measures 
     set out in the final rule.
       (b) In this section:
       (1) The term ``final rule'' means the final rule of the 
     National Oceanic and Atmospheric Administration relating to 
     the Magnuson-Stevens Fishery Conservation and Management Act 
     Provisions; Fisheries of the Northeastern United States; 
     Northeast (NE) Multispecies Fishery that was published on 
     June 27, 2003 (68 Fed. Reg. 38234).
       (2) The term ``Management Plan'' means the Northeast 
     Multispecies Fishery Management Plan prepared pursuant to 
     section 303 of the Magnuson-Stevens Fishery Conservation and 
     Management Act (16 U.S.C. 1853).
       Sec. 106. In addition to amounts otherwise made available 
     in this Act, for ``Supreme Court of the United States, Care 
     of the Building and Grounds'', $16,000,000, to remain 
     available until expended.
       Sec. 107. For an additional amount under the heading 
     ``State and Local Law Enforcement Assistance, Office of 
     Justice Programs'', $2,250,000, of which $750,000 shall only 
     be available for the University of Southern Mississippi Rural 
     Law Enforcement Training Initiative, $750,000 shall only be 
     available for the Mississippi University for Women 
     Institutional Security Program, and $750,000 shall only be 
     available for the City of Jackson, Mississippi, Public Safety 
     Automated Technologies Program.
       Sec. 108. Upon enactment of this Act, the Secretary of 
     Defense shall make the following transfers of funds: 
     Provided, That funds so transferred shall be merged with and 
     shall be available for the same purpose and for the same time 
     period as the appropriation to which transferred: Provided 
     further, That the amounts shall be transferred between the 
     following appropriations in the amounts specified:
       From:
       Under the heading, ``Shipbuilding and Conversion, Navy, 
     1998/2007'':
       CVN Refuelings, $29,000,000;
       Under the heading, ``Shipbuilding and Conversion, Navy, 
     2003/2007'':

[[Page 31461]]

       Outfitting, post delivery, conversions, and first 
     destination transportation, $8,000,000;
       Under the heading, ``Shipbuilding and Conversion, Navy, 
     2004/2008'':
       Outfitting, post delivery, conversions, and first 
     destination transportation, $11,800,000;
       CVN Refuelings (AP), $16,600,000;
       Under the heading, ``Research, Development, Test and 
     Evaluation, Navy, 2004/2005'', $9,200,000;
       To:
       Under the heading, ``Shipbuilding and Conversion, Navy, 
     2004/2008'':
       NSSN (AP), $37,200,000;
       NSSN, $11,800,000;
       Under the heading, ``Shipbuilding and Conversion, Navy, 
     2002/2006'':
       SSN Submarine Refuelings, $19,600,000; and
       Under the heading, ``Defense Health Program'', $6,000,000.
       Sec. 109. Effective immediately after the enactment of the 
     National Defense Authorization Act for Fiscal Year 2004, 
     section 724(d)(2) of the National Defense Authorization Act 
     for Fiscal Year 1997 (Public Law 104-201; 10 U.S.C. 1073 
     note) is amended--
       (1) in subparagraph (A)--
       (A) by redesignating clauses (i) and (ii) as clauses (ii) 
     and (iii), respectively; and
       (B) by inserting after ``who--'' the following new clause 
     (i):
       ``(i) do not have other primary health insurance coverage 
     (other than Medicare coverage) covering basic primary care 
     and inpatient and outpatient services;''; and
       (2) by striking subparagraph (B) and inserting the 
     following:
       ``(B) For each fiscal year beginning after September 30, 
     2003, the number of covered beneficiaries newly enrolled by 
     designated providers pursuant to clause (ii) of subparagraph 
     (A) during such fiscal year may not exceed 10 percent of the 
     total number of the covered beneficiaries who are newly 
     enrolled under such subparagraph during such fiscal year.''.
       Sec. 110. Section 853 of the National Defense Authorization 
     Act for Fiscal Year 2004 is amended--
       (1) by redesignating subsection (c) as subsection (d);
       (2) by inserting after subsection (b) the following new 
     subsection (c):
       ``(c) Credit Toward Certain Small Business Contracting 
     Goals.--Department of Defense contracts entered into with 
     eligible contractors under the demonstration project under 
     this section, and subcontracts entered into with eligible 
     contractors under such contracts, shall be credited toward 
     the attainment of goals established under section 2323 of 
     title 10, United States Code, and section 15(g)(1) of the 
     Small Business Act (15 U.S.C. 644(g)(1)) regarding the extent 
     of the participation of disadvantaged small business concerns 
     in contracts of the Department of Defense and subcontracts 
     under such contracts.''.
       Sec. 111. Section 8022 of the Department of Defense 
     Appropriations Act, 2004, Public Law 108-87, shall not apply 
     to a cost study of a multi-function activity for which the 
     Department of Defense had solicited proposals as of the date 
     of the enactment of that Act.
       Sec. 112. Of the amounts made available to the Department 
     of Defense under the heading ``Defense Health Program'' for 
     ``Procurement'', $3,100,000 shall be made available to 
     acquire Linear Accelerator Radiation Therapy equipment and 
     associated operating software for Walter Reed Army Medical 
     Center: Provided, That of the amounts available to the 
     Department of Defense under the heading ``Defense Health 
     Program'' for ``Operation and Maintenance, In-House Care'', 
     $2,900,000 shall be made available for the Defense and 
     Veterans Head Injury Program: Provided further, That these 
     funds are in addition to funds provided in previous Acts.
       Sec. 113. (a) The Secretary of Defense shall study issues 
     related to the consolidation of the storage of mercury 
     contained in the National Defense Stockpile under the 
     Strategic and Critical Materials Stock Piling Act (50 U.S.C. 
     98 et seq.) and report to Congress on June 1, 2004, on the 
     results of the study.
       (b) A decision to consolidate the storage of mercury to a 
     site that currently does not store mercury contained in the 
     National Defense Stockpile under the Strategic and Critical 
     Materials Stock Piling Act (50 U.S.C. 98 et seq.) shall occur 
     no earlier than 180 days after the date of the report 
     required in subsection (a).
       Sec. 114. Notwithstanding any other provision of law, the 
     Secretary of Defense may transfer up to $120,000,000 of funds 
     available in the Iraq Freedom Fund to carry out the 
     classified project described in the classified annex 
     accompanying Public Law 107-206, and acquire such interests 
     in real property as he deems necessary to carry out such 
     project: Provided, That the Secretary may transfer such funds 
     to other appropriation accounts of the Department, and the 
     amounts so transferred shall be available for the same 
     purposes and for the same time period as the appropriations 
     to which transferred: Provided further, That this transfer 
     authority is in addition to any other transfer authority 
     available to the Department of Defense.
       Sec. 115. Of the amounts provided in Public Laws 107-117, 
     107-248, and 108-87 under the heading ``National Defense 
     Sealift Fund'' for construction of additional sealift 
     capacity, $40,000,000 shall be made available for the 
     construction of a Port of Philadelphia marine cargo terminal 
     for high-speed military sealift and other military purposes.
       Sec. 116. (a) Designation.--The Department of Veterans 
     Affairs medical center in St. Petersburg, Florida, shall, 
     after the end of the service of C. W. Bill Young as a Member 
     of Congress be known as the ``C. W. Bill Young Department of 
     Veterans Affairs Medical Center''.
       (b) Refrences.--Any reference in any law, regulation, map, 
     document, record, or other paper of the United States to such 
     medical center referred to in subsection (a) shall be deemed 
     to be a reference to the ``C. W. Bill Young Department of 
     Veterans Affairs Medical Center''.
       Sec. 117. Of the funds provided in Public Law 108-7, under 
     the heading of ``Department of Defense--Civil'', ``Department 
     of the Army'', ``Corps of Engineers--Civil'', ``Construction, 
     General'', the Secretary of the Army, acting through the 
     Chief of Engineers, is directed to proceed with the 
     construction of the False Pass, Alaska, project, in 
     accordance with the Report of the Chief of Engineers, dated 
     December 29, 2000.
       Sec. 118. The Secretary of the Army, acting through the 
     Chief of Engineers, is hereby authorized and directed to 
     design the Central Riverfront Park project on the Ohio 
     Riverfront in Cincinnati, Ohio, as described in the Central 
     Riverfront Park Master Plan performed by the City of 
     Cincinnati, dated December 1999, and the Section 905(b) 
     analysis, performed by the Louisville District of the Corps 
     of Engineers, dated August 2002. The cost of project work 
     undertaken by the non-Federal interests, including but not 
     limited to prior and current planning and design, shall be 
     credited toward the non-Federal share of design costs.
       Sec. 119. The Secretary of the Army, acting through the 
     Chief of Engineers, is directed to use any remaining 
     available funds from funds appropriated in Public Law 101-101 
     for the Hamlet City Lake, North Carolina, project to provide 
     assistance in carrying out any authorized water-related 
     infrastructure projects in Richmond County, North Carolina.
       Sec. 120. The Secretary of the Army, acting through the 
     Chief of Engineers, is directed to snag and clear existing 
     debris including trees in Deep River, near Lake Station, 
     Indiana, under Section 208 of the Flood Control Act of 1954, 
     as amended.
       Sec. 121. Section 117, subsection (4), of the Energy and 
     Water Development Appropriations Act, 2004, is amended to 
     read as follows:
       ``(4) in subsection (h), by striking `2001--' and all that 
     follows and inserting `2001--$100,000,000 for Rural Nevada, 
     and $25,000,000 for each of Idaho, Montana, New Mexico, and 
     rural Utah, to remain available until expended.'.''.
       Sec. 122. The Secretary of the Army, acting through the 
     Chief of Engineers, is directed to use any remaining 
     available funds from funds appropriated and made available in 
     Public Law 103-316 for construction of the Savannah Harbor 
     Deepening Project, Savannah, Georgia, for the Savannah Harbor 
     Expansion Project, Savannah, Georgia.
       Sec. 123. The Secretary of the Army, acting through the 
     Chief of Engineers, is directed to proceed with the 
     construction of the Columbia River Channel Improvements, 
     Oregon and Washington, project in accordance with the Report 
     of the Chief of Engineers, dated December 23, 1999, and the 
     economic justification and environmental features stated 
     therein, as amended by the Final Supplemental Environmental 
     Impact Statement dated January 28, 2003.
       Sec. 124. The Secretary of the Army, acting through the 
     Chief of Engineers, is directed to use previously 
     appropriated funds to proceed with design and initiate 
     construction to complete the Stillwater, Minnesota, Levee and 
     Flood Control project.
       Sec. 125. Of the funds made available in the Energy and 
     Water Development Appropriations Act, 2004, to the Western 
     Area Power Administration, up to $166,100,000 collected by 
     the Western Area Power Administration pursuant to the Flood 
     Control Act of 1944 and the Reclamation Project Act of 1939 
     to recover purchase power and wheeling expenses shall be 
     credited to the ``Construction, Rehabilitation, Operation and 
     Maintenance, Western Area Power Administration'' account as 
     offsetting collections.
       Sec. 126. Of the funds provided for the development of the 
     new molecular imaging probes in the statement of managers to 
     accompany H.R. 2754, $5,000,000 shall be provided to the 
     University of California, Los Angeles for the continued 
     efforts for PET imaging, systems biology and nanotechnology.
       Sec. 127. Funds appropriated in this, or any other Act 
     hereafter, may not be obligated to pay, on behalf of the 
     United States or a contractor or subcontractor of the United 
     States, to post a bond or fulfill any other financial 
     responsibility requirement relating to closure or post-
     closure care and monitoring of Sandia National Laboratories 
     and properties held or managed by Sandia National 
     Laboratories prior to implementation of closure or post-
     closure monitoring. The State of New Mexico or any other 
     entity may not enforce against the United States or a 
     contractor or subcontractor of the United States, in this 
     year or any other fiscal year, a requirement to post bond or 
     any other financial responsibility requirement relating to 
     closure or post-closure care and monitoring of Sandia 
     National Laboratories in New Mexico and properties held or 
     managed by Sandia National Laboratories in New Mexico.
       Sec. 128. Treatment of Certain Waste Materials. (a) In 
     General.--Notwithstanding any other provision of law, the 
     federal commission with the authority to regulate the 
     material designated as ``11e.(2) by-product material'' by 
     section 312 of the Energy and Water Development 
     Appropriations Act, 2004, or by section 634 of the Energy 
     Policy Act of 2003, shall not allow or

[[Page 31462]]

     otherwise permit any facility to receive or dispose of such 
     material if the facility is located in a state that has an 
     application pending under section 274 of the Atomic Energy 
     Act of 1954 (42 U.S.C. 2021) to regulate the 11e.(2) material 
     covered under this section.
       (b) Sunset.--Subsection (a) ceases to be effective January 
     1, 2005.
       Sec. 129. In the conference report accompanying H.R. 6, the 
     Energy Policy Act, in Section 1512, subsection b strike 
     ``University of Mississippi and the University of Oklahoma'' 
     and insert in lieu thereof ``Mississippi State University and 
     Oklahoma State University''.
       Sec. 130. Department of Energy, Energy Programs, Science. 
     For an additional amount for ``Science'', $50,000,000, to 
     remain available until expended, is provided for the 
     Coralville, Iowa, project, which is to utilize alternative 
     renewable energy sources.
       Sec. 131. For an additional amount for the ``Science'' 
     account of the Department of Energy in the Energy and Water 
     Development Appropriations Act, 2004, there is appropriated 
     $250,000, to remain available until expended, for Biological 
     Sciences at DePaul University; $500,000, to remain available 
     until expended; for the Cedars-Sinai Gene Therapy Research 
     Program; and $500,000, to remain available until expended, 
     for the Hartford Hospital Interventional Electrophysiology 
     Project.
       Sec. 132. For an additional amount for the ``Energy 
     Supply'' account of the Department of Energy in the Energy 
     and Water Development Appropriations Act, 2004, there is 
     appropriated $750,000, to remain available until expended, 
     for the Energy Center of Wisconsin Renewable Fuels Project; 
     $500,000, to remain available until expended, for the Wind 
     Energy Transmission Study; $250,000, to remain available 
     until expended, for the White Pine County, Nevada, Public 
     School System biomass conversion heating project; $250,000, 
     to remain available until expended, for the Lead Animal 
     Shelter Animal Campus renewable energy demonstration project; 
     $3,000,000, to remain available until expended, for the 
     establishment of a Hawaii Hydrogen Center for Development and 
     Deployment of Distributed Energy Systems; and $250,000, to 
     remain available until expended, for the Eastern Nevada 
     Landscape Coalition for biomass restoration and science-based 
     restoration.
       Sec. 133. For an additional amount for the ``Construction, 
     General'' account of the Energy and Water Development 
     Appropriations Act, 2004, there is appropriated $13,750,000, 
     to remain available until expended.
       Sec. 134. For an additional amount for ``Millennium 
     Challenge Corporation'', $350,000,000, to remain available 
     until expended.
       Sec. 135. Section 203(m) of the Robert T. Stafford Disaster 
     Relief and Emergency Assistance Act (42 U.S.C. 5133(m)) is 
     amended by striking ``December 31, 2003'' and inserting 
     ``December 31, 2004''.
       Sec. 136. (a) The National Flood Insurance Act of 1968 is 
     amended--
       (1) in section 1319 (42 U.S.C. 4026), by striking 
     ``December 31, 2003'' and inserting ``June 30, 2004.'';
       (2) in the first sentence of section 1309(a) (42 U.S.C. 
     4016(a)), by striking ``December 31, 2003'' and inserting 
     ``the date specified in section 1319'';
       (3) in section 1336(a) (42 U.S.C. 4056(a)), by striking 
     ``December 31, 2003'' and inserting ``on the date specified 
     in section 1319''; and
       (4) in section 1376(c) (42 U.S.C. 4127(c)), by striking 
     ``December 31, 2003'' and inserting ``the date specified in 
     section 1319''.
       (b) The amendments made by this section shall be considered 
     to have taken effect on December 31, 2003.
       Sec. 137. (a) Section 441(c) of the Maritime Transportation 
     Security Act of 2002 (Public Law 107-295) is amended--
       (1) by striking ``and that is not the subject of an action 
     prior to June 20, 2002, alleging a breach of subsections (a) 
     and (b) of section 10601 as in effect on such date,''; and
       (2) by striking ``such subsections'' and inserting 
     ``subsections (a) and (b) of section 10601 of title 46, 
     United States Code, as in effect prior to November 25, 
     2002''.
       (b) The amendments made by subsection (a) apply to all 
     proceedings pending on or commenced after the date of 
     enactment of this Act.
       Sec. 138. Public Law 108-108 is amended under the heading 
     ``Bureau of Indian Affairs, Construction'' by striking ``25 
     U.S.C. 2005(a)'' and inserting ``25 U.S.C. 2005(b)'' and by 
     striking ``25 U.S.C. 2505(f)'' and inserting ``25 U.S.C. 
     2504(f)''.
       Sec. 139. Congaree National Park Boundary Revision. (a) In 
     General.--Subsection (c) of the first section of Public Law 
     94-545 (90 Stat. 2517; 102 Stat. 2607) is amended by striking 
     paragraph (6) and inserting the following:
       ``(6) Effect.--Nothing in this section--
       ``(A) affects the use of private land adjacent to the park;
       ``(B) preempts the authority of the State with respect to 
     the regulation of hunting, fishing, boating, and wildlife 
     management on private land or water outside the boundaries of 
     the park;
       ``(C) shall negatively affect the economic development of 
     the areas surrounding the park; or
       ``(D) affects the classification of the park under section 
     162 of the Clean Air Act (42 U.S.C. 7472).''.
       (b) Designation of Congaree National Park Wilderness.--
       (1) Designation.--The wilderness established by section 
     2(a) of the Congaree Swamp National Monument Expansion and 
     Wilderness Act (102 Stat. 2606) and known as the ``Congaree 
     Swamp National Monument Wilderness'' shall be known and 
     designated as the ``Congaree National Park Wilderness''.
       (2) References.--Any reference in a law, map, regulation, 
     document, paper, or other record of the United States to the 
     wilderness referred to in paragraph (1) shall be deemed to be 
     a reference to the Congaree National Park Wilderness.
       Sec. 140. Section 123 of the Department of the Interior and 
     Related Agencies Appropriations Act, 2004 (Public Law 108-
     108), is amended by striking ``any other governmental land 
     management entity'' and inserting ``any other land management 
     entity''.
       Sec. 141. Effective as of November 18, 2003, section 9 of 
     Public Law 100-692 (102 Stat. 4556; 16 U.S.C. 461 note.) is 
     amended to read as follows:

     ``SEC. 9. TERMINATION OF COMMISSION.

       The Commission shall terminate on November 18, 2007.''.
       Sec. 142. Title IV of Public Law 108-108 is amended in 
     section 403(b)(4) by striking ``75-5-703(10)(b)'' and 
     inserting in lieu thereof ``75-5-703(10)(c)''.
       Sec. 143. Public Law 108-108 is amended under the heading 
     ``Indian Health Service, Indian Health Services'' by deleting 
     ``(d) $2,000,000 for the Alaska Federation of Natives 
     sobriety and wellness program for competitive merit-based 
     grants:'' and inserting ``(d) $2,000,000 for RuralCap for 
     alcohol treatment and related transitional housing for 
     homeless chronic inebriates in Anchorage, AK:''.
       Sec. 144. Public Law 108-108 is hereby amended by adding at 
     the end of section 344 the following:
       ``(c) Exemptions.--The requirements of this section shall 
     not apply to amounts in this Act designated as emergency 
     requirements pursuant to section 502 of H. Con. Res. 95 
     (108th Congress), the concurrent resolution on the budget for 
     fiscal year 2004.
       ``(d) Indian Land and Water Claim Settlements.--Under the 
     heading `Bureau of Indian Affairs, Indian Land and Water 
     Claim Settlements and Miscellaneous Payments to Indians', the 
     across-the-board rescission in this section, and any 
     subsequent across-the-board rescission for fiscal year 2004, 
     shall apply only to the first dollar amount in the paragraph 
     and the distribution of the rescission shall be at the 
     discretion of the Secretary of the Interior who shall submit 
     a report on such distribution and the rationale therefor to 
     the House and Senate Committees on Appropriations.''.
       Sec. 145. Theodore Roosevelt National Wildlife Refuge. (a) 
     Definitions.--In this section:
       (1) County.--The term ``county'' means each of the counties 
     of Leflore, Holmes, Humphreys, Sharkey, Warren, and 
     Washington in the State.
       (2) Refuge.--The term ``Refuge'' means the Theodore 
     Roosevelt National Wildlife Refuge established under 
     subsection (b).
       (3) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (4) State.--The term ``State'' means the State of 
     Mississippi.
       (b) Establishment.--The Secretary shall establish the 
     Theodore Roosevelt National Wildlife Refuge, consisting of 
     approximately 6,600 acres of land that--
       (1) as of the date of enactment of this Act, is owned by 
     the United States;
       (2) was formerly in the inventory of the United States 
     Department of Agriculture; and
       (3) is located in the counties.
       (c) Map.--As soon as practicable after the date of 
     enactment of this Act, the Secretary shall prepare a map 
     depicting the boundaries of the Refuge.
       (d) Boundary Revision.--The Secretary may revise the 
     boundaries of the Refuge in the counties to--
       (1) carry out the purposes of the Refuge; or
       (2) facilitate the acquisition or donation of land.
       (e) Acquisition of Land.--Notwithstanding any other 
     provision of law, the Secretary may, for management purposes, 
     exchange Refuge land for land acquired or donated for fee 
     title that is located in the counties.
       (f) Education Center.--The Secretary of the Army, acting 
     through the Chief of Engineers, in consultation with the 
     Secretary, shall design and construct a multiagency wildlife 
     and environmental interpretive and education center at a 
     location in the South Delta area of the State to be 
     determined by a site selection and feasibility study 
     conducted by the Secretary of the Army.
       (g) Designation of Refuge Complexes.--
       (1) Holt collier national wildlife refuge.--
       (A) Designation.--The refuge in the State known as the 
     ``Bogue Phalia Unit of the Yazoo National Wildlife Refuge'' 
     shall be known as the ``Holt Collier National Wildlife 
     Refuge''.
       (B) References.--Any reference in a law, map, regulation, 
     document, paper, or other record of the United States to the 
     refuge referred to in subparagraph (A) shall be deemed to be 
     a reference to the Holt Collier National Wildlife Refuge.
       (2) Theodore roosevelt national wildlife refuge complex.--
       (A) Designation.--The refuge complex in the State known as 
     the ``Central Mississippi National Wildlife Refuge Complex'' 
     shall be known as the ``Theodore Roosevelt National Wildlife 
     Refuge Complex''.
       (B) References.--Any reference in a law, map, regulation, 
     document, paper, or other record of the United States to the 
     refuge complex referred to in subparagraph (A) shall be 
     deemed to be a reference to the Theodore Roosevelt National 
     Wildlife Refuge Complex.

[[Page 31463]]

       (h) Authorization of Appropriations.--
       (1) In general.--There are authorized to be appropriated 
     such sums as are necessary to carry out this section.
       (2) Education center.--There are authorized to be 
     appropriated to carry out subsection (f) $6,000,000.
       Sec. 146. For the purposes described in section 386 of the 
     Energy Policy Act of 2003 there is authorized to be 
     appropriated $1,000,000, except that upon that Act becoming 
     law, section 386 is amended through this Act:
       (1) in subsection (a) by inserting before the term ``to 
     issue'' the phrase ``or with an entity the Secretary 
     determines is qualified to construct and operate a liquefied 
     natural gas project to transport liquefied natural gas from 
     Southcentral Alaska to West Coast states,'';
       (2) at the end of paragraph 386(b)(1) by striking the 
     period and inserting in its place ``, or after the Secretary 
     certifies there exists a qualified entity to construct and 
     operate a liquefied natural gas project to transport 
     liquefied natural gas from Southcentral Alaska to West Coast 
     States. In no case shall loan guarantees be issued for more 
     than one qualified project.'';
       (3) at the end of paragraph 386(c)(2) by striking the 
     period and inserting in its place ``, except that the total 
     amount of principal that may be guaranteed for a qualified 
     liquefied natural gas project may not exceed a principal 
     amount in which the cost of loan guarantees, as defined by 
     section 502(5) of the Federal Credit Reform Act of 1990 (2 
     U.S.C. 661a(5)), exceeds $2,000,000,000.''; and
       (4) at paragraph 386(g)(4):
       (A) by inserting before the term ``consisting'' the new 
     term ``or system''; and
       (B) by inserting between the term ``plants'' and the ``)'' 
     the phrase ``liquification plants and liquefied natural gas 
     tankers for transportation of liquefied natural gas from 
     Southcentral Alaska to the West Coast''.
       Sec. 147. Payment of Expenses After the Death of Certain 
     Federal Employees in the State of Alaska. Section 1308 of the 
     Alaska National Interest Lands Conservation Act (16 U.S.C. 
     3198) is amended--
       (1) by redesignating subsection (c) as subsection (d); and
       (2) by inserting after subsection (b) the following:
       ``(c) Payment of Expenses After Death of an Employee.--
       ``(1) Definition of immediate family member.--In this 
     subsection, the term ``immediate family member'' means a 
     person related to a deceased employee that was a member of 
     the household of the deceased employee at the time of death.
       ``(2) Payments.--If an employee appointed under the program 
     established by subsection (a) dies in the performance of any 
     assigned duties on or after October 1, 2002, the Secretary 
     may--
       ``(A) pay or reimburse reasonable expenses, regardless of 
     when those expenses are incurred, for the preparation and 
     transportation of the remains of the deceased employee to a 
     location in the State of Alaska which is selected by the 
     surviving head of household of the deceased employee;
       ``(B) pay or reimburse reasonable expenses, regardless of 
     when those expenses are incurred, for transporting immediate 
     family members and the baggage and household goods of the 
     deceased employee and immediate family members to a community 
     in the State of Alaska which is selected by the surviving 
     head of household of the deceased employee.''.
       Sec. 148. United States Office for Native Hawaiian 
     Relations. (a) Establishment.--The sum of $100,000 is 
     appropriated, to remain available until expended, for the 
     establishment of the Office of Native Hawaiian Relations 
     within the Office of the Secretary of the Interior.
       (b) Duties.--The Office shall--
       (1) effectuate and implement the special legal relationship 
     between the Native Hawaiian people and the United States;
       (2) continue the process of reconciliation with the Native 
     Hawaiian people; and
       (3) fully integrate the principle and practice of 
     meaningful, regular, and appropriate consultation with the 
     Native Hawaiian people by assuring timely notification of and 
     prior consultation with the Native Hawaiian people before any 
     federal agency takes any actions that may have the potential 
     to significantly affect Native Hawaiian resources, rights, or 
     lands.
       Sec. 149. Lease of Tribally-owned Land by Assiniboine and 
     Sioux Tribes of the Fort Peck Reservation. The first section 
     of the Act of August 9, 1955 (25 U.S.C. 415), is amended by 
     adding at the end the following:
       ``(g) Lease of Tribally-Owned Land by Assiniboine and Sioux 
     Tribes of the Fort Peck Reservation.--
       ``(1) In general.--Notwithstanding subsection (a) and any 
     regulations under part 162 of title 25, Code of Federal 
     Regulations (or any successor regulation), subject to 
     paragraph (2), the Assiniboine and Sioux Tribes of the Fort 
     Peck Reservation may lease to the Northern Border Pipeline 
     Company tribally-owned land on the Fort Peck Indian 
     Reservation for 1 or more interstate gas pipelines.
       ``(2) Conditions.--A lease entered into under paragraph 
     (1)--
       ``(A) shall commence during fiscal year 2011 for an initial 
     term of 25 years;
       ``(B) may be renewed for an additional term of 25 years; 
     and
       ``(C) shall specify in the terms of the lease an annual 
     rental rate--
       ``(i) which rate shall be increased by 3 percent per year 
     on a cumulative basis for each 5-year period; and
       ``(ii) the adjustment of which in accordance with clause 
     (i) shall be considered to satisfy any review requirement 
     under part 162 of title 25, Code of Federal Regulations (or 
     any successor regulation).''.
       Sec. 150. (a) Short Title. This Act may be cited as the 
     ``Fern Lake Conservation and Recreation Act''.
       (b) Findings and Purposes.--
       (1) Findings.--The Congress finds the following:
       (A) Fern Lake and its surrounding watershed in Bell County, 
     Kentucky, and Claiborne County, Tennessee, is within the 
     potential boundaries of Cumberland Gap National Historical 
     Park as originally authorized by the Act of June 11, 1940 (54 
     Stat. 262; 16 U.S.C. 261 et seq.).
       (B) The acquisition of Fern Lake and its surrounding 
     watershed and its inclusion in Cumberland Gap National 
     Historical Park would protect the vista from Pinnacle 
     Overlook, which is one of the park's most valuable scenic 
     resources and most popular attractions, and enhance 
     recreational opportunities at the park.
       (C) Fern Lake is the water supply source for the city of 
     Middlesboro, Kentucky, and environs.
       (D) The 4,500-acre Fern Lake watershed is privately owned, 
     and the 150-acre lake and part of the watershed are currently 
     for sale, but the Secretary of the Interior is precluded by 
     the first section of the Act of June 11, 1940 (16 U.S.C. 
     261), from using appropriated funds to acquire the lands.
       (2) Purposes.--The purposes of the Act are--
       (A) to authorize the Secretary of the Interior to use 
     appropriated funds if necessary, in addition to other 
     acquisition methods, to acquire from willing sellers Fern 
     Lake and its surrounding watershed, in order to protect 
     scenic and natural resources and enhance recreational 
     opportunities at Cumberland Gap National Historical Park; and
       (B) to allow the continued supply of water from Fern Lake 
     to the city of Middlesboro, Kentucky, and environs.
       (c) Land Acquisition and Conveyance Authority, Fern Lake, 
     Cumberland Gap National Historical Park.--
       (1) Definitions.--In this section:
       (A) Fern lake.--The term ``Fern Lake'' means Fern Lake 
     located in Bell County, Kentucky, and Claiborne County, 
     Tennessee.
       (B) Land.--The term ``land'' means land, water, interests 
     in land, and any improvements on the land.
       (C) Park.--The term ``park'' means Cumberland Gap National 
     Historical Park, as authorized and established by the Act of 
     June 11, 1940 (54 Stat. 262; 16 U.S.C. 261 et seq.).
       (D) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior, acting through the Director of the National 
     Park Service.
       (2) Acquisition authorized.--The Secretary may acquire for 
     addition to the park lands consisting of approximately 4,500 
     acres and containing Fern Lake and its surrounding watershed, 
     as generally depicted on the map entitled ``Cumberland Gap 
     National Historical Park, Fern Lake Watershed'', numbered 
     380/80,004, and dated May 2001. The map shall be on file in 
     the appropriate offices of the National Park Service.
       (3) Boundary adjustment and administration.--Subject to 
     paragraph (4), the Secretary shall revise the boundaries of 
     the park to include the land acquired under paragraph (2). 
     The Secretary shall administer the acquired lands as part of 
     the park in accordance with the laws and regulations 
     applicable to the park.
       (4) Conveyance of fern lake.--
       (A) Conveyance required.--If the Secretary acquires Fern 
     Lake, the Secretary shall convey, notwithstanding any other 
     law and without consideration, to the city of Middlesboro, 
     Kentucky, all right, title, and interest of the United States 
     in and to Fern Lake, up to the normal operating elevation of 
     1,200.4 feet above sea level, along with the dam and all 
     appurtenances associated with the withdrawal and delivery of 
     water from Fern Lake.
       (B) Terms of conveyance.--In executing the conveyance under 
     subparagraph (4)(A), the Secretary may retain an easement for 
     scenic and recreational purposes.
       (C) Reversionary interest.--In the event Fern Lake is no 
     longer used as a source of municipal water supply for the 
     city of Middlesboro, Kentucky, and its environs, ownership of 
     Fern Lake shall revert to the United States and it shall be 
     managed by the Secretary as part of the park.
       (5) Consultation requirements.--In order to better manage 
     lands acquired under this section in a manner that will 
     facilitate the provision of water for municipal needs, as 
     well as the establishment and promotion of new recreational 
     opportunities at the park, the Secretary shall consult with--
       (A) appropriate officials in the States of Kentucky, 
     Tennessee, and Virginia, and political subdivisions of these 
     States;
       (B) organizations involved in promoting tourism in these 
     States; and
       (C) other interested parties.
       Sec. 151. (a) The Attending Physician to Congress shall 
     have the authority and responsibility for overseeing and 
     coordinating the use of medical assets in response to a 
     bioterrorism event and other medical contingencies or public 
     health emergencies occurring within the Capitol Buildings or 
     the U.S. Capitol Grounds. This shall include the authority to 
     enact quarantine and to declare death. These actions will be 
     carried out in close cooperation and communication with the 
     Commissioner of Public Health, Chief Medical Examiner, and 
     other Public Health Officials of the District of Columbia 
     government.

[[Page 31464]]

       (b) In this section--
       (1) the term ``Capitol Buildings'' has the meaning given 
     such term in section 5101 of title 40, United States Code; 
     and
       (2) the term ``United States Capitol Grounds'' has the 
     meaning given such term in section 5102(a) of title 40, 
     United States Code.
       (c) Subsection (a) shall take effect on the date of the 
     enactment of this Act and shall apply during any fiscal year 
     occurring on or after such date.
       Sec. 152. (a) Notwithstanding section 907(a) of Public Law 
     107-206 (116 Stat. 977) or section 1102 of the Legislative 
     Branch Appropriations Act, 2004 (2 U.S.C. 1822(b)), the 
     Architect of the Capitol, at any time after the date of the 
     enactment of this Act and subject to the availability of 
     appropriations, may enter into an agreement to acquire by 
     lease any portion of the real property located at 499 South 
     Capitol Street Southwest in the District of Columbia for the 
     use of the United States Capitol Police.
       (b) Any real property acquired by the Architect of the 
     Capitol pursuant to subsection (a) shall be subject to the 
     provisions of the Act entitled ``An Act to define the area of 
     the United States Capitol Grounds, to regulate the use 
     thereof, and for other purposes'', approved July 31, 1946.
       Sec. 153. The United States Senate-China Interparliamentary 
     Group. (a) Establishment and Meetings.--Not to exceed 12 
     Senators shall be appointed to meet annually with 
     representatives of the National People's Congress of the 
     People's Republic of China for discussion of common problems 
     in the interest of relations between the United States and 
     China. The Senators so appointed shall be referred to as the 
     ``United States group'' of the United States Senate-China 
     Interparliamentary Group.
       (b) Appointment of Members.--The President pro tempore of 
     the Senate shall appoint Senators under this section upon the 
     recommendations of the majority and minority leaders of the 
     Senate. The President pro tempore of the Senate shall 
     designate 1 Senator as the Chair of the United States group.
       (c) Funding.--There is authorized to be appropriated 
     $100,000 for each fiscal year to assist in meeting the 
     expenses of the United States group for each fiscal year for 
     which an appropriation is made. Appropriations shall be 
     disbursed on vouchers to be approved by the Chair of the 
     United States group.
       (d) Certification of Expenditures.--The certificate of the 
     Chair of the United States group shall be final and 
     conclusive upon the accounting officers in the auditing of 
     the accounts of the United States group.
       (e) Fiscal Year 2004 Funding.--There is authorized within 
     the contingent fund of the Senate under the appropriation 
     account ``miscellaneous items'' $75,000 for fiscal year 2004 
     to assist in meeting the official expenses of the United 
     States Senate-China Interparliamentary Group including 
     conference room expenses, hospitality expenses, and food and 
     food-related expenses. Expenses shall be paid on vouchers to 
     be approved by the Chair of the United States group. The 
     Secretary of the Senate is authorized to advance such sums as 
     necessary to carry out this subsection.
       (f) Appropriations.--There are appropriated, out of any 
     money in the Treasury not otherwise appropriated, for the 
     fiscal year ending September 30, 2004, $100,000 for the 
     United States Senate-China Interparlimentary Group.
       (g) Effective Date.--
       (1) In general.--Subsections (a) though (d) shall apply to 
     fiscal year 2004, and each fiscal year thereafter.
       (2) Fiscal year 2004.--Subsections (e) and (f) shall apply 
     to fiscal year 2004.
       Sec. 154. The United States Senate-Russia 
     Interparliamentary Group. (a) Establishment and Meetings.--
     Not to exceed 12 Senators shall be appointed to meet annually 
     with representatives of the Federation Council of Russia for 
     discussion of common problems in the interest of relations 
     between the United States and Russia. The Senators so 
     appointed shall be referred to as the ``United States group'' 
     of the United States Senate-Russia Interparliamentary Group.
       (b) Appointment of Members.--The majority and minority 
     leaders of the Senate shall appoint the Senators of the 
     United States group. The majority leader of the Senate shall 
     designate 1 Senator as the Chair of the United States group.
       (c) Funding.--There is authorized to be appropriated 
     $100,000 for each fiscal year to assist in meeting the 
     expenses of the United States group for each fiscal year for 
     which an appropriation is made. Appropriations shall be 
     disbursed on vouchers to be approved by the Chair of the 
     United States group.
       (d) Certification of Expenditures.--The certificate of the 
     Chair of the United States group shall be final and 
     conclusive upon the accounting officers in the auditing of 
     the accounts of the United States group.
       (e) Fiscal Year 2004 Funding.--There is authorized within 
     the contingent fund of the Senate under the appropriation 
     account ``miscellaneous items'' $75,000 for fiscal year 2004 
     to assist in meeting the official expenses of the United 
     States Senate-Russia Interparliamentary Group including 
     conference room expenses, hospitality expenses, and food and 
     food-related expenses. Expenses shall be paid on vouchers to 
     be approved by the Chair of the United States group. The 
     Secretary of the Senate is authorized to advance such sums as 
     necessary to carry out this subsection.
       (f) Appropriations.--There are appropriated, out of any 
     money in the Treasury not otherwise appropriated, for the 
     fiscal year ending September 30, 2004, $100,000 for the 
     United States Senate-Russia Interparlimentary Group.
       (g) Effective Date.--
       (1) In general.--Subsections (a) though (d) shall apply to 
     fiscal year 2004, and each fiscal year thereafter.
       (2) Fiscal year 2004.--Subsections (e) and (f) shall apply 
     to fiscal year 2004.
       Sec. 155. Payment of Expenses of the Chaplain of the Senate 
     From the Contingent Fund of the Senate. (a) In General.--For 
     each fiscal year there is authorized to be expended from the 
     contingent fund of the Senate an amount, not in excess of 
     $50,000 for the Chaplain of the Senate. Payments under this 
     section shall be made only for expenses actually incurred by 
     the Chaplain of the Senate in carrying out his functions, and 
     shall be made upon certification and documentation of the 
     expenses involved, by the Chaplain claiming payment under 
     this section and upon vouchers approved by the Chaplain and 
     by the Committee on Rules and Administration. Funds 
     authorized for expenditure under this section may be used to 
     purchase food or food related items.
       (b) Repeal of Revolving Fund.--
       (1) Repeal.--Section 2 of the Legislative Branch 
     Appropriations Act, 1996 (2 U.S.C. 61d-3) is repealed.
       (2) Remaining funds.--Any funds in the Chaplain Expense 
     Revolving Fund on the date of the repeal under this section 
     shall be remitted to the general fund of the United States 
     Treasury.
       (c) Effective Date.--This section shall apply with respect 
     to fiscal year 2004, and each fiscal year thereafter.
       Sec. 156. (a) There is established in the House of 
     Representatives a fund to be known as the ``House of 
     Representatives Revolving Fund'', consisting of the following 
     amounts:
       (1) Amounts appropriated to the Fund.
       (2) Amounts donated to the Fund.
       (3) Interest on the balance of the Fund.
       (b) Amounts in the Fund shall be expended at the direction 
     of the Chief Administrative Officer of the House of 
     Representatives, upon notification provided by the Chief 
     Administrative Officer to the Committee on Appropriations of 
     the House of Representatives, and shall remain available 
     until expended.
       (c) This section shall apply with respect to fiscal year 
     2004 and each succeeding fiscal year.
       Sec. 157. Recomputation of Benefits Guaranteed in 
     Connection With the Termination of the Republic Steel 
     Retirement Plan. (a) In General.--The Pension Benefit 
     Guaranty Corporation shall recompute the liability for 
     monthly benefits guaranteed under section 4022 of the 
     Employee Retirement Income Security Act of 1974 which are 
     payable (without regard to this section) with respect to each 
     participant and beneficiary under the Republic Steel 
     Retirement Plan in connection with its termination on 
     September 30, 1986.
       (b) Adjustment of Guaranteed Benefit Amounts.--In 
     recomputing the liability for monthly guaranteed benefits 
     pursuant to subsection (a) with respect to each participant 
     or beneficiary, the Corporation shall increase the amount of 
     such liability (as determined without regard to this section) 
     by--
       (1) the amount of the liability for nonguaranteed benefits 
     under the LTV Steel Supplemental Pension Plan, as in effect 
     with respect to such participant or beneficiary on January 1, 
     2001, and
       (2) the amount of the liability for nonguaranteed benefits 
     payable through the trust established in connection with the 
     Republic Steel Plan under section 4049 of the Employee 
     Retirement Income Security Act of 1974, as in effect with 
     respect to such participant or beneficiary on January 1, 
     2001.
       (c) Certain Benefits Disregarded.--In making the 
     recalculation under this section, the Corporation shall 
     disregard--
       (1) the amount of any benefits which were not paid during 
     the period beginning with January 1, 2001, and ending with 
     December 31, 2003, under the LTV Steel Supplemental Pension 
     Plan or through the section 4049 trust referred to in 
     subsection (b)(2),
       (2) any liability for benefits under the LTV Steel 
     Supplemental Pension Plan or through the section 4049 trust 
     referred to in subsection (b)(2) that were included in the 
     LTV Steel Salaried Defined Benefit Retirement Plan, as in 
     effect on January 1, 1999,
       (3) any liability for additional benefits that were 
     included in the LTV Steel Supplemental Pension Plan to 
     compensate for any liability of participants and 
     beneficiaries under chapter 21 of the Internal Revenue Code 
     of 1986 in connection with benefits payable under such Plan, 
     and
       (4) any liability under the LTV Steel Supplemental Pension 
     Plan for temporary supplements.
       (d) Timing and Application of Determinations.--
     Determinations of the increase in liability pursuant to 
     subsection (b) shall be made as of December 31, 2003, using 
     the mortality and interest assumptions otherwise applicable 
     to plan terminations under title IV of the Employee 
     Retirement Income Security Act of 1974 on such date. The 
     recomputation under this section shall apply only with 
     respect to benefits payable after such date.
       Sec. 158. In addition to amounts appropriated or otherwise 
     made available in other Acts, $9,692,000 is hereby 
     appropriated to the Department of Defense Family Housing 
     Improvement Fund, to remain available until expended, for 
     family housing initiatives undertaken pursuant to the 
     provisions of subchapter IV of chapter 169, title 10, United 
     States Code: Provided, That

[[Page 31465]]

     such funds shall be available to cover the costs, as defined 
     in section 502(5) of the Congressional Budget Act of 1974, of 
     direct loans or loan guarantees issued by the Department of 
     Defense pursuant to the provisions of such subchapter: 
     Provided further, That of the funds available in the 
     ``Foreign Currency Fluctuations, Construction, Defense'' 
     account, $9,692,000 are rescinded.
       Sec. 159. For an additional amount to carry out section 257 
     of the Help America Vote Act of 2002, $1,000,000,000, to 
     remain available until expended: Provided, That no more than 
     \1/10\ of 1 percent of funds available for requirements 
     payments under section 257 of the Help America Vote Act of 
     2002 shall be allocated to any territory.
       Sec. 160. (a) Designation.--The United States courthouse 
     located at 333 Lomas Blvd N.W. in Albuquerque, New Mexico, 
     shall be known and designated as the ``Pete V. Domenici 
     United States Courthouse''.
       (b) Any reference in law, map, regulation, document, paper, 
     or other record of the United States to the United States 
     courthouse referred to in subsection (a) shall be deemed to 
     be a reference to the ``Pete V. Domenici United States 
     Courthouse''.
       Sec. 161. The Director of the Office of Management and 
     Budget shall hereafter consult with Alaska Native 
     corporations on the same basis as Indian tribes under 
     Executive Order No. 13175.
       Sec. 162. Notwithstanding any other provision of law, in 
     addition to amounts provided in this or any other Act for 
     fiscal year 2004, $50,000,000, to be derived from the Highway 
     Trust Fund and to remain available until expended, of which 
     $44,000,000 shall be for reconstruction of the Treasure 
     Island Bridge in Treasure Island, Florida and of which 
     $6,000,000 shall be for necessary road improvements and 
     design of a plaza at the John F. Kennedy Center for the 
     Performing Arts in Washington, D.C.
       Sec. 163. Section 802(b)(1) of the Japanese Imperial 
     Government Disclosure Act of 2000 (Public Law 106-567; 114 
     Stat. 2865) is amended by striking ``3 years'' and inserting 
     ``4 years''.
       Sec. 164. The funds made available for Alaska Natives under 
     the heading ``Native American Housing Block Grants'' in title 
     II of division G of this Act shall be allocated to the same 
     Native Alaskan Indian housing block grant recipients that 
     received the funds in fiscal year 2003.
       Sec. 165. In addition to the amounts otherwise provided in 
     this or any other Act for fiscal year 2004, for ``Department 
     of Housing and Urban Development, Community Development 
     Fund'', $10,000,000 to remain available until expended for a 
     grant to the Anchorage Museum in Anchorage, Alaska for 
     facilities construction.
       Sec. 166. The Secretary of a military department may use 
     the authority provided in section 2667(a) of title 10, United 
     States Code, to lease military family housing in the National 
     Capital Region (as defined in section 2674 of such title) to 
     key and essential personnel for continuity of government 
     purposes.
       Sec. 167. Notwithstanding any other provision of law, in 
     addition to amounts otherwise provided in this or any other 
     Act for fiscal year 2004, $55,000,000 is appropriated, to be 
     available until expended, to be distributed as follows: for 
     Department of Energy, Energy Programs, ``Energy Supply'', 
     $12,400,000 for expenses related to the purchase, 
     construction, operation of facilities, and acquisition of 
     plant and capital equipment for facilities that produce fuels 
     from agricultural and animal wastes, to the Society for 
     Energy and Environmental Research, a not-for-profit energy 
     research and development institution, to administer the 
     program; for Department of Transportation, Federal Aviation 
     Administration, ``Grants-in-aid for airports'', $2,000,000 
     for the extension of a runway at Fort Worth Alliance Airport, 
     Fort Worth, Texas; for Department of Transportation, Federal 
     Highway Administration, $1,000,000, for Rock County Road, 
     Janesville, Wisconsin; for Department of Transportation, 
     Federal Highway Administration, $2,500,000, for improvements 
     to I-75 in Lee County, Florida; for Department of Veterans 
     Affairs, Departmental Administration, ``Construction; major 
     projects'', $500,000 for the preliminary planning of a new 
     ambulatory clinic at the Defense Supply Center, Columbus in 
     Columbus, Ohio; for ``Small Business Administration, Salaries 
     and Expenses'', $500,000, to be available for a grant to the 
     University of Wisconsin-Green Bay to establish a paper 
     science technology transfer center; for ``Funds Appropriated 
     to the President, Bilateral Economic Assistance, Independent 
     States of the Former Soviet Union'', $1,000,000, for the 
     National Program of Action for the Protection of the Arctic 
     Marine Environment; for ``Army Corps of Engineers, 
     Construction, General'', $1,000,000 for the Stockton 
     Metropolitan Flood Control Reimbursement, California, 
     project; for ``Army Corps of Engineers, Construction, 
     General'', $1,000,000 for the San Timoteo Creek element of 
     the Santa Ana River Mainstem, California, project; for ``Army 
     Corps of Engineers, Construction, General'', $2,000,000; for 
     the Florida Keys Water Quality Improvements, Florida, 
     project; for ``Army Corps of Engineers, Construction, 
     General'', $1,500,000, for the Southern West Virginia 
     Environmental Infrastructure, West Virginia, project; for 
     ``Department of Energy, Science'', $2,000,000 for the Western 
     Michigan University Nanotechnology Research and Computation 
     Center; for Department of Energy, Energy Programs, ``Energy 
     Supply'', $2,500,000 for the Enterprise Center in 
     Chattanooga, Tennessee, for the Chattanooga Fuel Cell 
     Demonstration Project; for ``Environmental Protection Agency, 
     State and tribal assistance grants'', for grants to address 
     drinking water and waste water infrastructure, $2,000,000 for 
     the Wyoming Valley Sanitation Authority, Pennsylvania for 
     combined sewer overflow infrastructure improvements; for 
     ``Environmental Protection Agency, State and tribal 
     assistance grants'', for grants to address drinking water and 
     waste water infrastructure, $1,000,000 to the Saratoga Water 
     Committee in Saratoga County, New York for construction of a 
     drinking water transport pipeline; for ``Centers for Disease 
     Control and Prevention, Disease Control, Research, and 
     Training'', $1,000,000, for a grant to the Center for 
     Emerging Biological Threats at Emory University, Atlanta, 
     Georgia; for ``Department of Education, Higher Education'', 
     $500,000, for a grant to Santa Clara University in Santa 
     Clara, California for technology infrastructure upgrades, 
     campus-wide network infrastructure enhancements and 
     equipment; for ``Department of Housing and Urban Development, 
     Community Development Fund'', $600,000, for a grant to 
     Shelter from the Storm, Incorporated in Palm Desert, 
     California for facilities renovations and improvements; for 
     Department of Labor, Employment and Training Administration, 
     $500,000, for the Labor Institute for Training, Inc., 
     Indianapolis, Indiana; Department of Labor, Employment and 
     Training Administration, $250,000, for the Institute for 
     Labor Studies and Research, Cranston, RI, for Learning on the 
     Roll; For Department of Health and Human Services, Health 
     Resources and Services Administration, $200,000, for St. 
     Luke's Episcopal Hospital, Houston, TX, facilities and 
     equipment; For Department of Health and Human Services, 
     Centers for Disease Control and Prevention, $200,000, for the 
     University of Texas M.D. Anderson Cancer Center, Houston, TX, 
     for a comprehensive cancer control program to address the 
     needs of minority and medically underserved populations; For 
     Department of Health and Human Services, Health Resources and 
     Services Administration, $300,000, for the Long Island Cancer 
     Center, State University of New York at Stony Brook, for 
     facilities and equipment; For Department of Health and Human 
     Services, Health Resources and Services Administration, 
     $500,000 for the Iowa Health Foundation in Des Moines, Iowa 
     for a demonstration project to improve dental care in 
     underserved rural areas; For Department of Health and Human 
     Services, Health Resources and Services Administration, 
     $500,000, for the Cumberland Medical Center in Crossville, 
     Tennessee for facilities and equipment; For Department of 
     Health and Human Services, Centers for Disease Control and 
     Prevention, $250,000 for the New Haven Public Schools in New 
     Haven, Connecticut for the PE4LIFE program to promote and 
     improve physical education, in cooperation with Yale 
     University; For Department of Health and Human Services, 
     Health Resources and Services Administration, $250,000, for 
     Quinnipiac University in Hamden, Connecticut for health-
     related academic facilities and equipment; For Department of 
     Health and Human Services, Health Resources and Services 
     Administration, $365,000, for the University of Michigan 
     Health Systems in Ann Arbor, Michigan for facilities and 
     equipment; For Department of Health and Human Services, 
     Administration on Aging, $500,000, for the Jewish Family & 
     Children's Center of Greater Boston for Naturally Occurring 
     Retirement Communities project; For Department of Health and 
     Human Services, Centers for Disease Control and Prevention, 
     $100,000, for the Marion County Health Department in Salem, 
     Oregon for a project to improve collection, analysis and 
     dissemination of data on infectious diseases; For Department 
     of Health and Human Services, Health Resources and Services 
     Administration, $400,000, for the Tillamook Lightwave in 
     Tillamook, Oregon for a fiber optic link between Tillamook 
     County Hospital and the Oregon Health Sciences University; 
     For Department of Health and Human Services, Centers for 
     Disease Control and Prevention, $300,000, for the Access 
     Community Health Network in Chicago, Illinois for programs 
     related to prevention and control of chronic diseases; For 
     Department of Health and Human Services, Health Resources and 
     Services Administration, $200,000, for the Northwestern 
     Memorial Hospital in Chicago, Illinois for facilities and 
     equipment; For Department of Health and Human Services, 
     Health Resources and Services Administration, $200,000, for 
     the Illinois Primary Health Care Association, for 
     implementation of the Shared Integrated Management 
     Information System; For Department of Health and Human 
     Services, Health Resources and Services Administration, 
     $250,000, for Family Resources Community Action in 
     Woonsocket, Rhode Island for outreach and supportive services 
     for persons with HIV/AIDS; For Department of Health and Human 
     Services, Health Resources and Services Administration, 
     $250,000, for St. Joseph Hospital/PeaceHealth in Bellingham, 
     WA, on behalf of the Whatcom Community Health Improvement 
     Consortium, to implement a model for improving care for 
     patients with chronic diseases and increasing access and 
     efficiency of services; For Department of Health and Human 
     Services, Health Resources and Services Administration, 
     $150,000, for the Children's Rehabilitation Center in White 
     Plains, New York, for facilities and equipment; For 
     Department of Health and Human Services, Health Resources and 
     Services Administration, $60,000, for the Telfair Regional 
     Hospital in McRae, Georgia for facilities and equipment; For 
     Department of Health and Human Services, Health Resources and 
     Services Administration, $65,000, for the Candler County 
     Hospital in Metter, Georgia for facilities and equipment; For 
     Department of Health and Human Services, Administration for 
     Children and Families, $500,000

[[Page 31466]]

     for The Boys & Girls Club of Greater Kansas City, Kansas 
     City, MO, for the Heathwood Youth and Families Community 
     Center; For Department of Health and Human Services, Health 
     Resources and Services Administration, $200,000, for the 
     Boston Medical Center in Boston, Massachusetts for facilities 
     and equipment; For Department of Health and Human Services, 
     Health Resources and Services Administration, $500,000, for 
     the University of North Dakota School of Medicine and Health 
     Sciences, for its rural health program in preventive medicine 
     and behavioral sciences; For Department of Health and Human 
     Services, Health Resources and Services Administration, 
     $900,000, for the California Hospital Medical Center in Los 
     Angeles, California for facilities and equipment; For 
     Department of Health and Human Services, Health Resources and 
     Services Administration, $500,000, for the City of Abilene, 
     Texas, Abilene-Taylor County Public Health District, for 
     facilities and equipment; For Department of Health and Human 
     Services, Health Resources and Services Administration, 
     $400,000, for the Houston County Hospital, Crockett, TX, for 
     facilities and equipment; for Department of Education, 
     $200,000, for the University of Hawaii, West Oahu campus, HI, 
     to produce the ``Primal Quest'' film documentary; for 
     Department of Education, $500,000, for the Union Parish 
     School District, Farmerville, LA, to implement an online 
     assessment and interactive instructional program; for 
     Department of Education, $200,000, for the Middle Country 
     School District, NY, to establish a math, science and 
     technology lab at Oxhead Road Elementary School in 
     Centereach, NY; for Department of Education, $500,000, for 
     the Florida Campus Compact, Tallahassee, FL, to enhance 
     service-learning on college campuses throughout Florida; for 
     Department of Education, $340,000, for Southern Connecticut 
     State University, New Haven, CT, to expand nursing education 
     recruitment, diversity and training programs, in 
     collaboration with Gateway Community College; for Department 
     of Education, $60,000, for Gateway Community College, New 
     Haven, CT, to enhance educational media and technology; for 
     Department of Education, $100,000, for Project Georgetown, 
     Georgetown, TX, for an after-school program; for Department 
     of Education, $200,000, for Communities in Schools-Bell-
     Coryell Counties, Inc., Killeen, TX, for educational services 
     for at-risk youth; for Department of Education, $200,000, for 
     Communities in Schools-Central Texas, Inc., Austin, TX, for 
     educational services for at-risk youth; for Department of 
     Education, $325,000; for Harrisburg Polytechnic Institute, 
     Harrisburg, PA, for a K-16 curriculum, equipment, internships 
     and enrichment activities for high school students; for 
     Department of Education, $175,000, for Lehigh Carbon 
     Community College, Tamaqua, PA, for equipment and technology 
     upgrades, and for curricula; for Department of Education, 
     $200,000, for Chicago State University, Chicago IL, to 
     establish a school of pharmacy, including equipment; for 
     Department of Education, $500,000, for Marywood University, 
     Scranton, PA, to establish a Center for Assistive Technology; 
     for Department of Education, $400,000, for the Boys & Girls 
     Club of Pawtucket, RI, for academic and literacy, character 
     education, career preparation, and enrichment activities for 
     youth; for Department of Education, $250,000, for Whatcom 
     Community College, Bellingham, WA, to establish a center for 
     training in border security; for Department of Education, 
     $400,000, for Westchester Community College, NY, for 
     personnel, equipment and other programmatic expenses for The 
     New Center; for Department of Education, $50,000, for the 
     Marymount Institute for the Education of Women and Girls of 
     Marymount College of Fordham University, Tarrytown, NY, for a 
     mentoring project to enhance the academic and social 
     development of Latina girls at Sleepy Hollow Middle School; 
     for Department of Education, $500,000, for Northern Kentucky 
     University, Highland Heights, KY, for the Urban Learning 
     Center to expand access to postsecondary education; for 
     Department of Education, $500,000, for Iron County School 
     District, Cedar City, UT, for a student achievement 
     management information system; for Department of Education, 
     $200,000, for Western Maine Technical College, South Paris, 
     ME, for education programs and marketing activities; for 
     Department of Education, $275,000, for the YMCA of the 
     Triangle Area, Raleigh, NC, for youth mentoring, character 
     education and leadership activities; for Department of 
     Education, $325,000, for Communities in Schools of Northeast 
     Texas, Inc., Pflugerville, TX, for educational services for 
     at-risk students; for the Institute of Museum and Library 
     Services, $300,000, for The Hudson River Museum, Yonkers, NY, 
     for the ``Hudson River Access'' science education project; 
     for the Institute of Museum and Library Services, $375,000, 
     for the Tubman African American Museum, Macon, GA for 
     exhibits, education programs and outreach activities; for the 
     Institute of Museum and Library Services, $300,000, for the 
     Maine Discovery Museum, Bangor, ME, for exhibits and 
     education programs; for the Institute of Museum and Library 
     Services, $225,000, for the North Carolina State Museum of 
     Natural Sciences, Raleigh, NC, to develop exhibits and 
     education programs; for the Department of Housing and Urban 
     Development, ``Community Development Fund'', Economic 
     Development Initiative program, for carrying out targeted 
     economic investments, $3,010,000, to be allocated in the 
     amounts and under the terms and conditions specified on pages 
     33 through 60 of House Report 108-235 for projects numbered 
     35, 52, 60, 61, 174, 175, 177, 181, 195, 223, 250, 265, 297, 
     333, 408, 409, 410, 421, 438, 439, 441, 496, 509, 574, and 
     583; and for the Environmental Protection Agency, ``State and 
     Tribal Assistance Grants'' to local communities for repair, 
     replacement or upgrading of their drinking water, wastewater 
     or storm water infrastructure or for water quality protection 
     activities, $600,000, to be allocated under the terms and 
     conditions specified on pages 111 through 127 of House Report 
     108-235 for projects numbered 121 and 226.
       Sec. 168 (a) Rescissions.--From unobligated balances of 
     amounts made available in Public Law 107-38, and in Public 
     Law 107-117, and in appropriations Acts for the Department of 
     Defense, $1,800,000,000 is hereby rescinded: Provided, That 
     the Director of the Office of Management and Budget, after 
     consultation with the Committees on Appropriations of the 
     House and Senate and the Secretary of Defense, shall 
     determine the amounts to be rescinded from each account that 
     is to be so reduced: Provided further, That the rescissions 
     shall take effect no later than September 30, 2004: Provided 
     further, That the Director of the Office of Management and 
     Budget shall notify the Committees on Appropriations of the 
     House and Senate 30 days prior to rescinding such amounts: 
     Provided further, That such notification shall include the 
     accounts, programs, projects and activities from which the 
     funds will be rescinded: Provided further, That this section 
     shall not apply to any amounts appropriated or otherwise made 
     available by the seventh proviso under the heading 
     ``Emergency Response Fund'' in Public Law 107-38.
       (b) Across-the-Board Rescissions.--There is hereby 
     rescinded an amount equal to 0.59 percent of--
       (1) the budget authority provided (or obligation limitation 
     imposed) for fiscal year 2004 for any discretionary account 
     in divisions A through H of this Act and in any other fiscal 
     year 2004 appropriation Act (except any fiscal year 2004 
     supplemental appropriation Act, the Department of Defense 
     Appropriations Act, 2004, or the Military Construction 
     Appropriations Act, 2004);
       (2) the budget authority provided in any advance 
     appropriation for fiscal year 2004 for any discretionary 
     account in any prior fiscal year appropriation Act; and
       (3) the contract authority provided in fiscal year 2004 for 
     any program subject to limitation contained in any division 
     or appropriation Act subject to paragraph (1).
       (c) Proportionate Application.--Any rescission made by 
     subsection (b) shall be applied proportionately--
       (1) to each discretionary account and each item of budget 
     authority described in such subsection; and
       (2) within each such account and item, to each program, 
     project, and activity (with programs, projects, and 
     activities as delineated in the appropriation Act or 
     accompanying reports for the relevant fiscal year covering 
     such account or item, or for accounts and items not included 
     in appropriation Acts, as delineated in the most recently 
     submitted President's budget).
       (d) OMB Report.--Within 30 days after the date of the 
     enactment of this section the Director of the Office of 
     Management and Budget shall submit to the Committees on 
     Appropriations of the House of Representatives and the Senate 
     a report specifying the account and amount of each rescission 
     made pursuant to subsection (b).
       This division may be cited as the ``Miscellaneous 
     Appropriations and Offsets Act, 2004''.

       And the Senate agree to the same.
     Bill Young,
     Ralph Regula,
     Jerry Lewis,
     Frank R. Wolf
       (except for section 617 of Division B),
     James T. Walsh,
     Dave Hobson,
     Henry Bonilla,
     Jack Kingston,
     Rodney P. Frelinghuysen,
     George R. Nethercutt, Jr.,
     Tom Latham,
     Virgil Goode,
     Ray LaHood,
     John P. Murtha,
                                Managers on the Part of the House.

     Ted Stevens,
     Thad Cochran,
     Arlen Specter,
     Pete V. Domenici,
     Christopher Bond,
     Mitch McConnell,
     Conrad Burns,
     Richard C. Shelby,
     Judd Gregg,
     Robert F. Bennett,
     Ben Nighthorse Campbell,
     Larry Craig,
     Kay Bailey Hutchison,
     Mike DeWine,
     Sam Brownback,
     Daniel K. Inouye,
     Tom Harkin,
     Managers on the Part of the Senate.

                          ____________________